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HomeMy WebLinkAbout1968 Recommendations to Change Fiscal Year/,ft /947,-Z,& 14 - -... _ l i. - — - -� _G{ G�•utice ... �IJ.GI��c� 'v CUG�G �s- �54� Ott - i jilek :f?-i ctl _ i) �iGh.G.� _ GGGluclt. CL-r-c�- _ _�_C �-"Zy �2 G�d►.,.cc.J� - -- ---... _. _ - I _. .--•- -- --- - -- - • -- C3) _-_,�.v,�,,._l .n � rvr. •fir. _ �-v�_GQ_ �- Q -.J � ,c.Q�2. _ I ---- - ------ - - - - ...._ ,i/l-H.:7'" _ 1/lv-_ �__�""...l ..._.L%�T/_ .�...G(/�-Y,_Q•2._�-;,�,{�(,LG .�'7� ��,•wa��t. •� �/3��-O�'2`''/�i .� %,�LtJ.e/!i� -, �, do tl•�� ��. e � . _ .. _ ... --- - �-- -,�'. --, _-�.•�!�^' _.�,s�-__!_ _���,,�. _ �.�'�, - �•, _a�_�"•; .� try.-.� �.�� � tl �}j 19 44UA 3. -- . _ - - {rn� �,�, �.� o f-- - 44 A /2, CL 4tAJ 9., q i aw to 4e.- _ - 4,,,, ,. _ t/, -gip 4- lye - - — - --- - cIt .24 _ . . _. - , ��.�-►�.,�-- - mow/ ..�, .�.w �� � . - - . Au J- ,�0 .._ - - -emu _ .-. .. - - ----- ---------------- ------------- -- -- --- A4 - - - ... _ .. _ . �c.•w� _ eel -ram,,,,¢.. �.y--; .. -.�-� C. 0�-�- .�1-+,0 t ef Au 07 OA 19A& --44t4. ata_lv If A-lL- AAA 9v OW Ce4 44--�::�..e.. r Jr. IL ---__..-- - •---- -�1!4�-,-�:t:(JL�---�!�,�..�.J� _�v"�`_.�. ,��,1 �-J�,�, D . �v. ,/tea-=-c.�•�.,, CG�..G� I1I �I I� i IAEMBEROUTE IFI R EUGENE HOVEY AM EFIICAN IIF9TITOF CERTED PUBLIC ACCOUNTANTS CERTIFIED PUBLIC ACCOUNTANT 902 WEST MAIN LA PORTE. TEXAS 77571 PHONE GA 1.2700 July 9, 1968 Mrs. Marilyn Kelley, City Clerk City of La Porte La Porte, Texas 77571 Dear Mrs. Kelley: I have the following recommendation to make: Change the fiscal year from June 30th to September 30th. This change would provide a more realistic matching of cash receipt and cash disbursements for a fiscal year and provide a better coordination of the budgetary and financial operations of the City. If I can assist in any way, please let me know. Sincerely yours Eugene Hovey Certified Public Accountant EH/dak CITY OF IAA PoRTE COMMISSIONERS .0 t4 ae 4 _. LOIS J. COMPTON �IwGooK COBBLES D. BOYLA PORTE. TEXAS 77571 BOBBY J. BURGIN RGIN W. A. STABS. JR. July 10, 1968 Charter Committee City of Ia Porte P. 0. Box 1115 La Porte, Texas ??571 Gentlemen: I would like to suggest the following items for your consideration: as MAYOR H. P. PFEIFFER CITY CLERK MARILYN KELLEY 1. Change the fiscal year from June 30th to September 30th. 2. Change the City election date to the 1st Saturday in April, Section 83; also provide for a run-off election if canidate does not receive a majority, Section 12. 3. Consider the position of a City Manager. 4. Consider revising Section 9 and 10 to comply with the State Statutes relative to annexation. 5. Consider allowing the City to extend mains only into or through Subdivisions - distribution or collection lines by subdividor. Very truly yours, CITY OF LA PORTE H. P. Pfeiffer Mayor Section 12. Number, Selection, Term. The City Commission of the City of La Porte shall be composed of a Mayor and four (4) Commissioners. The four (4) positions of Commissioner on the City Commission shall be numbered One (1), Two (2), Three (3) and Four (4). The Mayor and members of the City Commission shall hold their offices for a term of two (2) years, and unt.tl their successors have been elected and duly qualified. The Mayor and City Commissioners, Positions Two (2) and Four (4), shall be elected at a regular City Election on the first Saturday of April in each even numbered year. The City Commissioners, Positions One (1) and Three (3), shall be elected at a regular City Election on the first Saturday of April in each odd numbered year. All candidates for City Commissioner shall be voted on and elected separately for posit.ons on said Cl!y Commission, and each candidate shall. be designated on the official ballot according to the number of suc!; pos, t ion tr, wh:Lcr. he seeks election. Any candidate for office receiving a ma;cr:ty of all the votes cast for the office for which he is a candidate shall be elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast for all the candidates for such office, the City Commission shall call a second election within thirty (30) days, at which said second election the two candidates receiving the highest number of votes shall be voted for again. In the event of a tie in the vote for the two leading candidates, at the regular electron, the City Commission shall call a second election within thirty (30) days, at which said second election the candidates receiving such tie vote shall be voted for again. Section 13. Qualifications. The Mayor and each Commissioner shall be at least twenty-one (21) years of age and a resident citizen•of the City of La Porte, and have qualifications of electors therein, and shall have owned real property in said city for a period of at least one year immediately prior to the date application is made for his name to be placed on the ballot. sThe Mayor, Commission- ers, other officers and employees of the city shall not be indebted to the city; shall not hold any other public office and shall not be interested in the profits or any contracts, job, work or service for the municipality or interested in the sale to the city of any supplies, equipment, material or articles purchased; nor shall any of them be the owner of stock in any public utility or public service corporation within the city nor in the employ of any owner of stock in any public utility or t public service corporation. -Any officer or employee of they i city who shall cease to possess any of the quolificatioro; Ni.i-ein required shall forfeit his office or position and any contract i in which any officer of4employee shall or may beco" nterested shall be declared void by the Commission. Section 14. Compensation of Member of Commission. The Commission shall hold at least one regular monthly meeting, and the Mayor or two Commissioners may call as many special meetings as may be necessary to attend to the municipal business. Each Commissioner and the Mayor shall receive for his services, a salary in an amount determined by the Commission, not to exceed the sum of Twenty-four Hundred Dollars ($2,400.00) per year for the Mayor, and Twelve Hundred Dollars ($1,200.00) per year for each Commissioner. A Section 21. Induction of commission into office; meetings of commission Ott the first Monday next following the regular municipal election held on the first Saturday of April, or as soon there- after as practicable, the Commission shall meet at the usual place for holding meetings, and the newly -elected members shall qualify and assume the duties of office. At such meeting the Commission shall select one of its members to serve as Mayor - Pro Tem, and he shall perform all the duties of the Mayor in his absence or disability. Thereafter, the Commission shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of the Commission shall be open to the public; special meetings shall be called by the city clerk upon request of the Mayor or the two Commissioners. . Section 33. Fiscal year. The fiscal year of the city government shall begin on the first day of October and shall end on the last day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this charter the term "Budget Year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered. Section,83. Municipal elections. Tie regular election for the choice of a Mayor and members of the Commission as provided in Article II, Section 12, shall be held annually on the first Saturday of April. The Commission may by ordinance or resolution order a special election, fix the time for holding same,and provide all means for holding such special elections. A &j f' l on • • SF C, r 1-0 IAJ Cr E`er dbmioom T--w O e- tt �J ��1�� 0�1 r17�MQ•4 �-�A� � �- rf i (� �"ri��•�d �Qe- l� r ',• J )�'. � � o o �o � � � d �.�/� f1.j /8%/✓O1/d S c,af}uG�� f `r � f r •� f = l:�� Mtn t� OCPT S-. F .i �/= C' �6®�'` �/ ,�I�Ga'C�b do� �a t� . �; �� c,�c"t' � ` /�PPoi�/yZ;✓�-�,/r ' ,4 doNP'4/C7- Tiv( - nirc 44gf rf-1C /AX WtlfIloR A,U0 6o4[/-PC%gf t 4r, ? Cr OAwl GI) Rc.FC-Z to T►r. ig6e,"4 oA f N E A 5 0 C-P R EL S p o a l l4 &s /'o �e rf01 r PuP.Ci4ASE; rocA-bc Aoo D/,r vjbvr/o"j O'CJ/.Q 5 u pp L 1 E 5 % A T&R 1445 r. 0 U! PM E: A)T .4- 0,0 A VTi C 1-E s,, 4 u o APPIto v E A w Taco 5a:e,--ro v 4 Q dCo u N r1 rjC .�u PCAWIso N 41)0 CoNrevz- AU01r #tj0 4 �PIV)Y45 J3ArAo,eC P,4YrVr,j1- 4 —r,4E IJ ie,4 i:ik /a 5r 67`I oN �/ (PAs PPtoPf?1A rlooj -r,4 F ®v v rS O�F,4 0) Alway .51r77AP4jQr,8jf ��._ 4Crw4' T � a� Gam. 0 ®���` ��6 N % _L• �1 NNt l A U / rJ G 15 / e- r/�/ ASr. Pp- aaE.0uP,6- %'IFF E, >-VdC- &I Yo u 4 PPRo yr T #e. �jE U F R 4 1— EXPEND / TU R E S /5 :/ 4,0��7-14E RuDew AmD W1-'q TmE Pleccrnolv6 �4urooR17Y rw-/vr-lu ix,F': ZD l R I, e I v di. OF F/ 0 A VC G / AJ T 14 I S TI SAC 15 N s A) EEO FoR, T-99 m7 vE'R-4� APP)Po dry t.,r N 0 w Its / NJ G- /n A 0 _ —" ��y ► F T �� ,f , ry 0 N 4,0 Su rmr-c_ S r C !d-la; uG / NG ,. ,a-rroN � / ►t T� r~q0 Tot' viee r q uF e® -F _ 11 r�t� C� N'T"ll�./�-E' �5' o � �a��k���'s /N���.v%�° �l®•P.��:,f"st� oa 1'TEn1 T, ISE C.4n/wor 4or1rA'6v1RSrjTV7E, e, /Gc ' P %+Ir 0om1w /ss1v v ooA/ %'{A T 'rW a S E ITT r4 S- / rs1 C�5 E74! r/Q Aj �I� ",� / .Sly UR.S!/iif ✓% J/' ivy®S 4t3' 4Dr--PU '/ I7c, rt®ki 7G -" (,L lST 3 XN7'Vvc'f� C 0 na. P e- Ad S A7 d& t.) WL. • .7 r, �m 14 4 7f Z SERA+ y /•v 11 W.: • twit o #0 T AFoiiiifi; RI 1,11 FROe'L Incorporation Cow rate. d General. e1hh-abitaitto. of tjW City of La Porte 1W 49 W'W -established or as..h AlAIWOP Provided by 14v;. shall co aleb rste and be khown .by the SWIM JgOWAUU4'edtabHWdng the efty-j"dim -7%e boiunAaries and.thwits Qf"the MY of. U. the - iai6 -as baye hereOhrQ'been established jjjj� *r" 1"'. whiO bwnds4ez and limits are sho'wn an tie ire g;Tik P89t! 10, MAP Records of Harris C "MOW -A Form .0 mlLssion Sovetning P60 afthe. City of La Porba 1, Oontcdposed oaf the . mayor and four CitY COMMIssion of, th Ja be: jAbWj as the, o - ,;Ae mop'bers 411* CIO commission 9W-jt ek". fro 1. M city, Of 14 JpOrw at !Arse M' the manner' Weiek-bed in this, abUta. ljg hereinafter Used in * b ­ L. I Word nion shall be construed to Meg a. (4). 4A OWU*0101�fm-' P-Mapailt to its prq�j�i: 'O'UIXkftatlonO'j-x'*4Oed by* thi' T* aim. Dowwo of this city.awl jk AMR* ja tu elected4004211168801114 11fikh shall enact 1"a, adOlPt W90% d*atndne'-POlic!es and exemte iwlivs,anl' Wndnigtbr t)w jrOvernmdrit Of 016 city. All VOWOMW.,the-IcIty SWi.beeleftis"I"the runner Prescribed bk,-tW.,da3jtW in or If Ahilnarinei -be­ tot Pre&ribed then lihibe'Oft&lbedretr .,by. o,jrdiniance. (As amendoo, AOR ft 6,0 1 W! M M q� . A— AF Flowas of thO.dty., The city shall have All the powers grpnt,#.,. .110*00MO-j�6d ft.c'ftles by the conqtI StAe Of Texas together with all the imph.94 to tarry Into execution all the pow erS, V.10 acquire property within acq thin or without its -cdrtWrjf6 I- &M, any cityPUMOie in fee simple or any'leaW.Intow by pure' lase, •gifts devise, lease or condem. Moto r8m, mortgage, hold., manage and con"I MO its interest May require; and, except constitution of this state or' restricted : ho. Atlill.., city shall and May exercise all muni a cipw rights, Privileges and immunities . even of nam al'ala to" whal*oever. The city May use a corporate'"";Ma13 and MOY sue, May contract and be cofitraCted.oW fiW Plead and be impleaded in all courts and p1s,"O,and is matters whatever; may cooperate with the gO*ernMtW ej -Texas State of or any a9fucy thereof, or any vision of the State of Texas to acco;nplish any .Useful for the advancement of the interest, welfire, JiWtli, Comfort, safety and convenience of the tams; and may Pass such ordinance as HWY be ma we intaining the Peace, Hare of the cit a fOrn2WX* of the functions thereof. The enUd*atrOA. :-Plr_ ticalar'powers by this charter shall not:deemed ftel"ve and in additt on. to the powers. egafter&1id tb"N or implied. there by are appropriate to the "Weise of powers it is in'te4ded that the City Of-U p6rte' Shall I U4 and mV exercise 411 Powers of local self g6vernmout. and Powers enumerated in Chapt6r 18, 1tta'2k, Article117A of the Revised Civil Statutes of the State as of ex1"6 and amendments thereto and hereinafter or : 'Any 'OV110i, Powers which am in the constitution an4".Wof the.State. Of Texas it would be competent for this .chi t-to specifiewly enumerate. Section L Special Provisions for datnage 'Before the city shall be, liable to damage Balm or suit faj- Persoftal injury or -damage to property .the whose -the pare" W�W is Jwr property in damaged 4-201ftftd ,be, hi his 81"M SWO the city clerk notice In writing within thirty (t) days hftr Ott occurring of the alleged #4W1 oar .&Man iW8*zMCAJJY in -such notice when, WhWe aM how the hUuj;#: of danWe *aA sustained and. seWng - forth tlie. extent 4 thin', Wary or *Mge. as- accurately a$ POO'sible., and giving tale names drA addresses of all. witnesM uPon whose testimony * , testimony such. -person 1,s relying to establish t6inj injury (lam 4ry or NO. law for damage shall be broukht agaisi& the city for Personal injurY Or damage to -property prior to the qx. PiratiOn Of sixty (60) days after the - notice Weinbefora de-. scriked liss beefi filed with the city clerk. Mtii, 'aforementioned, of 34ty 1 (60) days the cornpla have 4WO (2), Years in which bringiniant may ' -to an action of law. 4a_ ev Wien :+,+14rn the li1Z �l��y�L} y�y ► .,'� K'��' =: . .1X Power of j".'_A �f.i, wa,SPl�"�y-. yy ty['is., -F"• t . d14 fit!CM7 at► of Vp da -eamsT*b y .se�ce`- •to. ,€ �.�` V-; of ez,t dmtpafxtcontrolt.'� ow Mv kileablew Ilia laws, he oondetigd;of r a eta +d oorpor te.8.e r�iation in anji �' h `w.. .,..ia.: Also. exeicies �'the powers f P o eminent - :?�mer anthorl* or permitted by the oa is :�'... IMPS f this state or i,ia n M . �' . o the manner and form thax aiiAgyt�* _ °�Y`•' �''`' �- ' PTOirIOW 'by Ordivancei of the governing body of Power of eminent donpain hereby conferred shall right of the ci ` ty to the fee in the lands "so & : (.'10" and such pow and a0hority shall include the r ghL to demo Vublic property r such Purposes. The e v and possess this power rf condo ' �,atioA joy. airy .tp'.... or public purpose, even 'tough 1* speciheslly �pu •....' herein, or in thie chaiter. i 90ction 7. i.. , . Street •pa�►ers. r . The:'City of La Porte shall , have the wet' tasi:.}fir oui, table A, Open, alter, widen, Idwer, extepd+'de, spattdoi�; . . Wit_. .,...,. . dicecoatiuU0, abd*h, close, care i Dr, pave, 4* - • ��rintain Sud irispreVve WOOL', alleys, aidei�!aAcs,MW pl:aees and bridges; and regulate * usegIItw- P b,:,;Me r di PoItTE, Tox- lip the removal from streets, property or places of all obs trOft �&* show cases and encroachments of" upon any of said streets and iddevr#U Section S. Street improvements. The City of La Porte shall have ewtwv.P-d and jurisdiction in, upon and over #n4 tilkilthit 1W., • avenues, alleys and highways f 1W.111rayfik.0m, . the improvement thereof of 0 the-#f,7,'4id Paving, kelmVin-, ing, or Otherwise. The provisions of Cha ptei Legislature, First Called Session,. 'A` existing amendments and all such Anidnom" may be made, are expressly WOPW sad mge a part -at 41g, charter. Such exclusive dominion, ,.cOnW,Jkn4 upon, over and under the public a .'Juill highways of the city -'hall also include bat not bi. Mi%Q to, the right to regulates locates, relocate, renlove; or the location of, all utility P!Pei, lines, w 'Section 9. Extending city Hmits.0 fires, or other props*. Pon petitk" Whenever a majority Of the qualified voters w%.Are cites of the State Of Texas and Inhabitants of any t4rltery joining the City Of La Porte, as' said teMtory-10ay be desfg, nated by the commission or' in case -th voters in said territory, then when persons are no qualified ersOnff Owning a majority of the land in area. in sale d"tertitory desire the-.8ftnexatib, Of such territory to the7,.City. of La Porte, they msy pregmt a written petition to that effect to the commission and shall attach to said Petition the affidavit of one or more of "r number to the effect that said petition is signed by a mai6ray -Of such qualified voters, or in case there' are no quallged -voters in said territory and that the personp signi4g_ petition own a majority of the land.in area in said teL and thereupon the commission at regular session held not sooner than twenty (20) days after the Presentation of said, Petition may by ordinance annex such territory to the Cy - Of La Porte and thenceforth the said territory sbsll'b of the City Of 1A Porte, and . e &-prt the Inhabitants thereof shall entitled ' to all the rights and privileges of other cititens and shall be bound by the acts, ordinances, resolutions and reguls. tiOns of the said city. Election 10. Extension and contraction of bolndary limits. The Commission 81,411 have Power by ordinance to - fix the boundary limits .of the City of, La Porte and to Pr6vide for %a extension of said bPundary limits, and the anilexation of addl. 'tional territory lying adjacent. to the city, to Provide for the disannexation of territory within the . city, for the exchange of and to provid territory with other cities and to*ss. Pursuant to and in accordance with the . present or hereinafter adopted or amended general and special lava of this sftt& applicable to home 'rule cities. (As -amended, August 23, 1"0 Section 11. Sanitary sewer systesl. The city shall have the power to provide for a sanitary server .4ystem and to require propoty w 'mere to connect their prem- ises with such sewer syste6m; ter provide for fiodug* penalties for failure to make sanitary sewer connections; aAI iihall further have the right to flit charms ¢nd compeantidn to be charged.ty the city for..eeweftge service, provioing rriles, end regulations for the collection thereof, and to provide fot ren- dering alien against any property owner's premises who fails or refuses to make sanitary sewlir connections after dye noose and to charge a cost against said owner &Ad make it a -psrsevMl liability. Section 11-A. Garbage disposal. ` The commission shall by ordinmice adopt and prescribe rules and regulation$ for the handling' -an d disposition of all - gat- bage, trash and rubbish within thO City of La Forte and'" fix. charges and compensation to be charged by the city.fitj the removal of garbage; trash, and rubbish, providing rules and. regulations of the collection'thereof. Section 11-B. Nuisances, etc. The city shall have the power to define all nuisanees anil prohibit the same within the city and outside the city limits for a distance of five thousand - (6,000) feet; to Iume power to police all parks or grounds, speedways, or boulevards owned 'by said city and lying outside of said city, to prohibit. the: -pollution of any stream, drain or tributaries, tbereO, *hkb -may constitute the source of water supply of any city and to provide for policing the same as well as to provide for the protection of any water sheds and the policing of same, to inspect .dairies, slaughter pens, and slaughterhouses Wde and outside the limits of the city, from which wea3t or mft is furnished to the inhabitants of the city. Article' IL W614. Section 12. City coinm ... The city commission of thb Of posed of a mayor and four '(4) positions of commissioner on :be .1mumberW and designated asIDOO, . Position No. I—Health missio Position No. 2—Water.and '.. Position No. 3—Public Wor-li.- onal-I Position No. 4--Fire--ancL..P0U* Any and all decisions,, rules, and,' missioner shall be subject to relvie,*,fat any ti*16 it-W and/or the full city COMMWon, The mayor and - members :of 418 ft do Mmlssiou� their offices for a term of two years, and successors shall have been eled*&'l and duly *WffJ mayor and city commissioners, PoWitions two -"d row. (4), shall bb elected at a regular fits 46COM dhtide '#Brat - Saturday of April in each eve" year.'Tu efty, Coot- missioners, Positions one (1) i =10). . shall bq`bh" at a regular city election on the flost EWW�bw Of"ARO In each odd -numbered year. All candidates for city cound"$mOr Shall bo VOW, on- and elected separately for 0081ti . ous.on Oid city 6omMJSft -and'. each candidate shall be designated, On .the ofto -*a. cording to the number of 'sib VoWfAon to , election. Any candidate for office. receiving a nifajOitYj*Qr1jw1 the votes cast for the office -for, which le In a -c&itdldiii�44 elected to such office. In the event' any candidate.'fer -*xW office falls to receive -a majority of #11 Tot" for all candidates for such office, tbb, ty di. go MMIS". sban second election within thirty (go) dap seld amendat*" a election the two (2) candidates x*ceiViag the higheo bund)oj of votes shall be voted. gain- -a for the event a t1i bf V* . I In of vote for the two (2) leading candidates, at the: reVdw .ems tion, the city commisslOft OWI call & second 4 �1-2 - -­ - . . -'5n'rw AM) says, St -which 'Add :�eand,olisetj" the O&pJ1dMft 14 M .. % --- :LA PORTE, TEXAS. Charter ---- 10-140..-'- -iftdling such -tie vote shall be voted for again. cAs im"dec April -22, 1958, and August 98, 1969) Sbetion M Qualifications. The mayor and each commissioner shall, be. at joint:tWeAty- -ode (21) years of age and a r0ident citizen of *oC1lty-dV La Porte, and have qualifications of electors' therein, -*jW shall have owned real property In said cft;y' t6r a -period W at least one year immediately prior to the- date'. A"'licatho Is made for his name to be placed on the ballot. The ma commissioners, other officers and employees of the dita(dWj not be indebted to the city; shall not hold io other public office and shall not be interested in the profits of any con- tracts, Job, work or service for the municipality Or interqsW 'in the sale to the city of any supplies, equfpment,_,nuft -or articles purchased; nor shall any of them be the. of stock in any public utility or public service carportbon' -within the city nor in the employ of any owner of stock In any public -utility or public 'service corporatioA. Any officer or employee of the city who shall ceases to posso" any of the qualifications herein requirdd shall forfeit his. office or po& tion and any contract in which any officer or employee shQ or. may' bsiome interested shalt be' declared -Void by' the com. mission. (As amended, August 23, 1969) • Section 14. 0whPonsation of members of covialmdaL The commission shall hold at least one regular -monthly meeting, and the mayor or two (2) commissioners my caD as many special meetings as may be nq*ceseary to attend to. the municipal business. :Each commissioner and the mayor shall receive for his services, a salary ib an. amount deter- mined by the commission, not to exceed the sum of -twenty- four hundred dollars ($2,.400.00) per year, for the mam, i"A twelve hundred dollars ($1,200.00) -per ye*r for ea& ift, missioner. (As amended, August 23, 190) Section 14- ' A. Presiding officer; mayor. Th-e- mayor shall preside'at meetingi of 1 he commission ala shall be entitled to vote upon all matters- eons" by -commission. Thi mayor shall exercise such other powers' aW perform such other duties as are or may be conferred &A .imposed upon him by this charter and the *ordinances of Ow. -city. He shall be recognized as the head of the city govern- ment for all ceremonial purposes, by the courts for cHM process and by the government for purposes of military law. In time of public danger or emergency the mayorrihall too -command * of the police, maintain order and -enforce the law. If V, vacancy occurs in the office of mayor or 'in the case of his absence or disability, the mayor pro- tem Mull! -act cis mayor until a successor In elected or appointed and 'has qualified. SWUM 15. Vatand"Jceudty-elfffigime A vatimey, in theoffid Oty by a quamied TAW, VF VWMW qualifications, appointed by a majority *6;6w'Ot Meaibii4'of the commission. A -4ca8q mayor shall• be filled by a qualified voter' am having the'Proper qualifications, appol*W by-*, vote of ,the remaining members of the COU6," 1& that a city 0onimissioner may be appointed to tbo' offjee of mayor by the majority vote of all the other comn"oimm When Vwa*dei occur so that there is remaining.bil 66 city commission, then a V040 ejecagil SM be. calledii 1W remaining mefnben of t1ji city qonji� within -90MY-fiVe (45) days and ali'vu'adleies Med it t6 same Manner' as herein Provided for genet*l elections;. per. videdo however, if such vacancies ove&r w"Ve. nhp* (OOY days of 'a general election, then no sl�ecilrj. GiWooi, don bo called- (AA amended, April 22, 19M) 'Section M Towers. All powers of the city and the determination of all of Pol ' icy shall be .vested in the commission: -Thecommiaim shall execute the laws and administer. the ment of the m 'dtyb; Without limitation of the foregoing among the JOther Powers that 'may be exercised by the commission. the f0fflowing are hereby enumerated for greater certainty. (1) Establish administrative departments And distribtft the work of divisions. (2) Adopt budget of the city. (S) Authorize the issuance of bonds by -a bond OrdIniM& (4) 1pquire into the conduct of any officer, department -dr agency of the city and make investigations as to all- nicival affairs and authorize the correction .,6f IrrmM. larities. Appoint the members of the planning commission. ('6) Appoint the members Of the zoning boaM Of appear. (7) Adopt plats. (9) Adopt and modify the official I map of the -city. (9) Adopt, modify, and carry Out plans proposed by the Planning commission for the clearance of Qum distrift and rehabilitation of blighted areas. (10) -Adopt, modify and ejaW out plans proposed by the plannift commission for the replanning, improvement and redevelopment Of neighborhoods and for the m Planning, reconstruction or redevdopment of any AM or district which may have been destroyed in whole Or In Part by disaster. (11.) Provide for the establishment and degamtion of figs limits and to Prescribe the kind and character of build- ings Or structures or improfements t be erected there- in, and to provide for the erection of fireproof build- ings within* certain limits, and to Provide for the condemnation of dangerous structures or buildinp-dr dilapidated buildings or buildings calculated to in. crease the fire llazkrd, and the manner of their M • moval or destruction. tg r.r. 47 I , Sedion 17. Department heads; rhfti of. The beads of all departments and the dty "hall be entitled to attend but MAII have no vote therein. Tha Aw'' have the' f*O Part in the discus6ion of all m4tk*g Owning. 40mmiffifon, and the directors and e0w Oitfte" titled to take put in all dIscwlo* 'Qf; .*a 06ZLXL-&--j -Wating to their respective offices, Sft-" I& AdMinistrative, There are hereby created the- tw* follow*, 84 partments: -fln&nM police, fim law, gob&: Weris, bid recreation, and water. The commission May, if it deems. ft Advilaw eo into one department, the public - wwk4- lei^ 1'reciroatift water- departments, or make other con"0416, at-such't Pgrtments as it may deem advuabk. TU... ordinance may create, change, or jkbOjfAh oil 00% or agencies other than the OMme, depar mad established by two charter, M P-0 M, TV 04 o(r, cliz* ofthe 61tk. -Iti A'all iivi not'ic'* _11'keep A oce"3w... olihial. f to 'prose bw'. h b WPM Iri j0d record in and reso) on$, ft gear dd .4ft 46 bW be assigned to hW IdcbmmiAbwbo.'Ay ordinance aio Of,ditectOr Of finance, and/or all the suttee actor of taxes of the city to the city Clark. f"19di" X Appointments of recorder and clerk The city recorder shall be app 'Inted by tlw'c.oznjg 0 00" 10r a Pf!riod of two (2) years. He SWI ftcd"#9.: salary as 014Y be 'fixed by the commission from. tjt6o -to b�p� 1.0 The recorder shall be judge of the co raft COW Whi*_ shall the 'jurisdiction and shall be Co*CW.. in tu Manner -Prescribed and author'ized by law. All. OWU imposed by the corporation court, or by any cauft- in cam appealed from judgments of the cor�,U46n '.001ft, Mot. be paid into the city tte4sury for the use and beqe* the be '!ty. The city* ow clerk or his deputy shall dark of,- POrati011 court. The clerkof the said court and his dop shall'have the Power to administer oaths and 4"Vite, rnslts Certificates, affix the seals of said court thare%i 4qnd erally do avd Perform any and all acts usual, 40 it I a . eeo=7 by -clerks' or courts and conducting the businesi thereof, Section 21. ]WductioD Of commission Into office; neetimp of conunisilam On the second Mouday next following the regular. municipal election- held on the 'first Saturday of April, or as soon there. after as practiciible, the commission shall Inset at the usual•, Phice for holding Meetings, and the newly-eleeW, MambWs, shall .qualify and assume the duties of -office. At such MeOURS the commission shall select one of Its members th aw" mayor Pro-tem, and he shall perform all the doWs of the mayor , 'in his absence or disability. Thereafta, the -Corm*Wo' shall 'Meet regularly at such times as may' 1wWWrJbbd by its rules but not less frequently than once- "ch -.month. All meetings Of the commission shall be ppen imblfr_, special meetings shall ' be called by the city d0*4wreavest. of thO MOM Or, tvvq• (2), commissioners. (Ai August 28, W9) SeCtlon..29. C*6g11690n to *0 Judge of q1M tbos- au to .,I%e 4i6ardission shall be the judge oVt)*-jae6U9n-4*, q+ OficatWns Of its members and for such purod" law havo, 1mver to subpoena witnesses and. require_.-tlW*d&e.U*n.;4t. records, but the decision of the -commm' Won Ili *rO.such Isball- -be sub)ect to review by the c Sectiop 23.. kulea,or ' courts*. Protoedings.; Journal. The conanission- shall determine I - ' - tdi its own a and' aWer. its. -Pr*�Wl 0 business, 'It shall keep,.a journal of , ' ' ' acid the .10U.Mal Ahill be open -to public inspection. pa on. $idlen 24. Ordinances. ht addition to. such acts'of the commisd0U,*8* are requir.9d by litAtuU or by thi's - Charter to' be by or"ace, ,Avwr.. act of t116 COMmission establishing a fine or othez.vanaity or- Proiriiding for the expenditure of funds or for the-CQM*MU 49 Of indebtedness shall be by ordinance. The enaeUiW_' TIM Of all ordinances shall be, "BE IT ORDAINED BY C17.1('COMAiISSION OF THE Crry OF. IA PORTE.7," 0 ■ Sodift Ptoeedw* for passage of I ce. -shall.. be introduced.; in Wr#V-Qr. f6ri -tit - 0all, take effect at A diM. 4 Wdod that ordinance -fl ie, at follelture for 'it' on of its...N. come of festive not less its passage. - The city -dvrk of evbry ordinance. htpoi Penaltz, Abe. by 8 'ViblatiOM Of the PrIVOisions *erftf, ca or title, including the penalty,',of ani.' OU. litshed .in Ahe official newsp&per fn.the ......JeOst twice Within ten (10) days after the granc& .90 shall note on -every ordinanc,410U., hich is Aare requiked to by be published, eWii%r-:fte:rs" thereof; ' the' fact thit same has'bebn publi" an by the charter, and the date of such Puch blicatUA-AM.pro — --of such ordinance; provided, thAt the p2vvido" of V" #7V/ on. 8haH­n0t P0PlY to the correction, anMduant rovid6li & nd 106dificaifoll of the ordinances of tide cjiry for j�jb% thn j_A* book or;jamU*t form. Except as'othse Pw1dqd`1n.,- ion 109 of, charter, A :Shall n6t; ift be neisaWy V dity of any' t,6 the ;twd1hAnqe.thit It shall reae-Mdre-4han one tim e or cdWdd th. n, nil & Everg0 inn "'be authenticated by. -the awsature the 'mayor 'e4rk 4nd shall be astboiaIly recordedO M Wn or4*ti•edjj�-& in mv'�Mier approved by the conunis, 11 onlk lee 'MM�Vwy to MOW the caption or title 0.'M 0;41,in the. q�4406" . of journal: Of cOMndn meet,• in a, 7t commission - 8.4411 have power to cause the" ordi. nalices of the' --city iV bt erected, amended, revised, and - printe&14. codw At. often as the advisa. *Oznwisa;;�dew such liriaNd, code, when adopted by 04 4idiw.. )mission; shaU be -'- of publioNir . MIQ force and effect without _ the W j;Ah*.-'g&ft1e or any part ther9of * In a aews;ow. RO P2164code aW! be admitted in evidence 4n all am% and plisses . rr►#ou`t further proof. teetion 2chweig lup­ . , Ption by commission. O'Bliall hSV6 power •to inqWn iu*io the cond6it 4M X-1 offiker Of the aty apd Whnent agency, or 10 "4*6ps ae.to municipAl &40, n, and for that "N" VM%1M am coln-J-00F Pei p 11 papers an Rdibnee as otdered undir ibrOvisions of this a misdemqanor an shable 0030010to .PUnI "t to OXON4 one hundred doll&.4(;10 0 section 27w, Prior to At e6d.d", fiscal YW designate,4. 0d9iii, public accountant, *ho to licensed br. the * .State of Tex)* 9 in independqMt autUt of amounts andOther evidehl 4.1f ancial'transacuoia of *the city gov, ernmentand shall' submit a report to the "mz*ion.-.3%-eiek $611 be given by Publication in the ofhcW. 91 newspaper -is MO.. MY Of TA Porte that the annual audit is on file, *at tife tiv hall for inspe4ion. Such accountant Aim have no ffiterest direct or indirect, i1i. the fiscal - . AWre of the -ejo government. They shall'not maintai# any'accoonts or records of the city business, but, within sweiticoiOUS 0100twed by thi Commission,. shall Post audit flip" b6o,Jcj.-..-afi&.4Mumente k*t;*..the deoij;hment, of finance and 4 R A"dw-4i Ukr. -kept by any, other 'aw ooffice,departmept. or. city government. 6._a.3861_..._LA.PORTE, TEXAS. Charter.___10-7-69_..____' M Article III. Departments Section 28. Directors of departments. At the head of each administrative department there shall be a director, who shall be an officer of the city, and shall have supervision and control of the departments subject to the commission. Two (2) or more departments may be headed by the same individual, and directors. of departments, may also serve as chiefs of divisions. Section 29. Departmental divisions. The work of each administrative department may be' dis- tributed among such divisions thereof as may be established by ordinance. . Article IV. Department of Law Section 30. 'City attorney, appointment. Where shall be a department of law, the head of which 'aha71 be the city attorney, who shall be appointed by the mayor and approved by the commission. Section 31. City attorney, qualifications. The city attorney' shall be a qualified attorney -at -law who is licensed to practice in the State of Texas and meeting the qualifications as set out in Article 1003, of the Revised Civil Statutes of the State of Texas. Section -82. City attorney, powers and duties. The city attorney shall be the chief legal advisor of the •commission, of all offices, departments and agencies and -of all officers and employees in matters relating to their official powers and duties. He shall represent the city in all legal proceedings. It shall be his duty to perform all services incident to his position as may be required by statute, by this charter or by ordinance. Article V. The Budget Section 33. Fiscal year. The fiscal year of the city government shall begin on the first day of October and shall end on the last day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this charter the term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered. (As amended, August 23, 1969) Section 34. Preparation and submission of budget. The mayor, at least forty-five (45) days prior to the "be- ginning of each budget year, shall submit to the commission a proposed budget and an explanatory budget message in the form and with the contents provided by sections 43 and 45. For such purpose, at such date as 'he shall determine, he, or an officer designated by him ghall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department, or agency detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In pre- paring the budget, the mayor shall review the estimates, shall hold hearings thereon and may revise the estimates, as he may deem advisable. Section 35. Budget a public record. The budget and budget message and all supporting sched- ules shall be -a public record in the office of the city clerk open to public inspection by anyone. The mayor shall cause sufficient copies of the budget and budget message to be pM pared for distribution to interested persons.. Section 36. Publication of notice of public hearing. At the meeting of the commission at which the budget-afd budget' message are submitted, the commission shall deter- mine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which the commission will hold a public hearing. Section 37. Public hearing on budget. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the commission shall hold a public hearing on the budget as submitted, at which all interested persona shall be given an opportunity to be heard, for or against the estimates or any item thereof. Section 38. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all members of the whole commission. Section 39. Date of final adoption; failure to adopt. The budget shall be finally adopted not later than the 27th day of the last month of the fiscal year. Should the commis- sion take no final action on or prior to such day, the budget as submitted by the mayor shall be deemed to have been finally adopted by the commission. Section 40. Effective date of budget; certification; copies made available. Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be filed with the city clerk, the county clerk of Harris County, and the. state comptroller of public accounts in Austin. The final budget shall be printed, mimeographed or others re- produced and sufficient copies shall be made available for the use of all offices, departments and agencies, and for the use of interested persons and civic organizations. Section 41. Budget establishes appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Section 42. Budget establishes amount to be raised by prop- erty tax. From the effective date of budget, the amount stated there- in as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. r6---- 3851_.-.A PORTE, TEXAS. Charter____10.4-69-:_..—_ 'R.RS (2) A consolidated statement of receipts and expenditures for all funds. (3) An " analysis of property valuations. (4) An analysis of tax rate. (5) Tax levies and tax collections by years for at least ten (10) years or for a number of ,years for which records are available. (6) General fund resources in detail. (7) Summary of proposed expenditures by function, de- partment, and activity. (8) Summary of proposed expenditures by character and object. (9) Detailed estimates of expenditures shown separately by each activity to support the summaries Nos. (7) and W above. Such estimates of expenditures are to in- clude an itemization of positions showing the number of persons having each title and rate of pay. (10) A revenue and expense statement for all types -df bonds. (11) A description of all bond issues outstanding, showing rate of interest, date of issue, maturity date, amount authorized, amount issued, and amount outstanding. (12) A schedule of requirements for the principal and in- terest on each issue of bonds. {-13) A special funds section. (14) The appropriation ordinance. (15) The tax levying ordinance. The total estimated expenditures of the general fund anS debt. service fund shall not exceed the total estimated resources of each fund (prospective income plus cash on hand). The classification of revenue and expenditure accounts shall con- form as nearly as local conditions will permit to the uniform classification as promulgated by the National Committee on Municipal Accounting or some other nationally accepted classification. Section 46. Anticipated revenues compared with other year& In parallel columns opposite the several items of revenue there shall be placed the actual amount of such item for the last completed fiscal year, the estimated amount for the cur- rent fiscal year, and the proposed amount for the ensuing budget year. Section ' 43. Budget message; current operations. The budget message submitted by the mayor to the com- "mUsion shall be explanatory of the budget, shall contain- an outline of the proposed financial policies of the city for the budget year and shall describe in connection therewith : the important features of the budget plan. It shall set forth the reasons for salient changes from the previous years in ex- penditure and revenue items and shall explain -any major changes in financial policy. Section 44. Budget message; supporting schedules. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital outlays as the mayor shall believe useful to the commission. Section 45: Budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain A.he following: (1) A budget message. ; Z !otr3 aw-- Proposed' expenditures; com years. The proposed expenditures for the administration, -opera- tion, maintenance and capital outlay of each office, deRart- ment or agency.of the city shall be itemized by character and object. In parallel column, opposite the various items .of expenditures there shall be placed the actual amount of such items of expenditures for the last completed fiscal year, the estimated amount for the current fiscal year and the proposed amount for the ensuing budget year. Section 48. Contingent appropriation. Provision shall be made in the annual budget and in th appropriation ordinance for a contingent appropriation � an amount not more than five per centum (590) of the to general fund expenditure, to be used in the case of unforeseen Items of expenditures. Such contingent appropriation shall be under the control of the commission and distributed by the commission. Expenditures from this appropriation shall be made only in . case of established emergencies and a detailed account of such expenditures shall be recorded- and reported. The proceeds of the contingent appropriation shall be dis- bursed only by transfer to other departmental appropriations, the spending of which shall be charged to the departments or activities for which the appropriations are . made. Article VI. Borrowing for Capital Improvements Section 49. Power and authority to incur indebtedness. The City of La Porte shall have the power and authority, by ordinance duly adopted, to -borrow money on the credit of the city for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forma of indebtedness pursuant to and in accordance with the pres- ent or hereinafter adopted or amended general and. speeiel- laws of this state applicable to home rule cities, .except as such power and authority is expressly limited or denied by this charter, or any amendments hereto. (As amended, August 23, 1969) Sections 50-54. Reserved for future use. Editor's note —These sections were reserved by amendment; August 23,1969. Section 55. Referendum on bond ordinance. Each bond ordinance passed pursuant to a purpose which has been authorized by majority vote of the property tax- paying voters of the City of La Porte at an election held for that 'purpose shall not be subject to referendum. Each bond ordinance relating to bonds not authorized by the qualified property taxpaying voters of the City of La Porte, shall be subject. to permissive. referendum on petition pursuant to the provision of Article X of. this charter; unless the bonds are authorized 'solely for a purpose made necessary as the result of fire, flood, or other disaster,,or the bonds are to be issued to finance the improvement or extension of a mu- nicipally owned or operated utility or other public service enterprise. (As amended, August 23, •1969). Section 56. Public sale of all bonds. No bonds issued under this charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas *and by publication at least once in the official newspaper of the city, both of such publications to be made not less than ten (10) days prior to the date set for such sale. (As amended, August 23, 1969) Wrtic,le VII..Finante Adminimtra& Section 57.. Director of finance; appoiutment. There shall -be a department of finance, the head of which shall be appointed by the commission. Tie clerk of the city may by ordinance be .appointed the director of finance. Section 58. Director of finance; qualifications.. The director'of. finance shall have knowledge. of 'municipal accounting and taxation and shall have had experience in budgeting and financial control, and accounting. Section. 59. Director of finance; surety bond. • The director of finance shall provide a bond with such surety and in such amount as the commission may require except that such bond shall be in an amount of not less than five thousand dollars ($5,000.00). Section 60. Director of finance; powers and duties. The director of finance shalt have charge of the adminis- tration of -the financial affairs of the city and to that endive shall have the authority and shall be required -to; • • . . . . . . . . . . , • ..... ..... 7_8861_LA PORTE, 'TEXAS. C h8fter-10.7-69 (I.) Compile the estimates of revenues and elcoefift" for -the budget at; directed the n1vor. (2) Supervise and be responsible for the'dis all moneys and have control over all - k. sen ensure that budget appropristions are not . Maintain a general accounting syg*lp for nrnt and each Of its offices, departments overnr the' agencies; keep books for and exercise finandIal ;aft. • etary control over each office, department keep s' and agency-; separate accounts for the items 01 appropriation contained in the city budget, each of which 8"nts shall show the amount Of the appropriation, , the -amounts Paid therefrom, the -unpaid- obligations against .it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the city government *to be made daily or at such intervals as he may deem alpixifent. 0) Submit to the commission a monthly statement of all receipts and disbursements in sufficient detail to*sho* the exact financial conditions 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 '#ity, for taxation, make all special assessments, qnts. for the city government, prepare tax Maps and give suite notictr.6f taxes and special assessments a . a may be required by law. (7) Collect all taxes, special 'assessments, license fees and other revenues of the city or forwhose 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. (8) Serve as ex Officio city treasurer and shall have cus- tody of all public funds belonging to or under the control of the city, or any office, department Or agency of the city government, and de into his hands in such deposl6t all funds coming positorie 8 as may be desig- nated by resolution of'the commission, or if no reso- lution be adopted, by the mayor, subject to the re- quirements of law as to surety *and the payment of interest on deposilts, but all such- interest shall be The property Hof the - city and -shall be accounted 'for and credited to the Proper account. '(9)' Have custody of all investments and invested funds of the city government, or In possession of such gov- ernment in a fiduciary capacity, . and have the safe- keeping of all bonds and notm of the city and the receipt and delivery Of city bonds and notes for trans- fer, registration or exchange. .(10)• Supervise and be responsible for the purchase, storago and distribution Of all supplies, materials, equipmefit and other articles used by any office, department or agency of the city government. (11) Approve all proposed expendittires; unless he shall certify that there is an unencumbered Wance -oT appropriation and available funds, no appropfiatiozi shall be encumbered. and no expenditure shall be made. Sec 61: Transfer of appropriations. director of finance may at any time I the approval of the commission transfer any unencumbered appropriation -balance or portion thereof between general claesifieations' of expenditures within an office, department or agency. At the request of the director of finance and within the last thiee (3) months of the budget year, the commission may by reso- lution transfer any unencumbered appropriation balance or portion thereof from one office, department 'or agency to another. Section 62. Accounting supervision and control. "• The director of finance shall have power and shall be re- quired to: (1) Prescribe the forms of receipts, vouchers, bills lar claims to be used by all the offices, departments -and agencies of the city government. (2) :Examine and approve all contracts, orders and other documents by which the city government incurs fi- nancial obligations, having previously ascertained that moneys have been appropriated and allotted and will be available when the obligations shall become due and payable. (3) Audit and approve before payment all bills, invoices. payrolls and other evidences of claims, demands or charges against the city government and with the advice of the city attorney determine .the regularity, legality and correctness of such claims, demands or charges. (4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office; department or agency of the city government apart from or subsidiary to the accounts kept in his office. Section .63. Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have.been expended or' law- fully encumbered. Section 64. Fees shall be paid to city government. All fees for city services received by any officer -or em- ployee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of finance. Section 65. Division of purchases. There shall be established in the department of finance, a ' division of purchases. The division of purchases, pursuant to rules and regulations established by ordinance, shall con- tract for purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the city government. The division of purchases shall also have power- and shall be required 'to: (1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government; (2) Inspect or supervise the inspection of all deliveries Of supplies, materials, and equipment, and determine their quality, quantity, and conformance with speci- fications; (3) Have charge of such general storerooms and ware- houses as the commission may provide by ordinance; (4) Transfer to or between offices, departments or agen- cies, or with the approval of the commission sell sur- . plus, obsolete, or unused supplies, material and' equip- ment. 8___3851--- J A PORTE, TEXAS. Charter ---- 10-7-69 _.' RM Section 66. Sale of city property; procedure for. Before the city makes any Bald or contract for the sale • bf any property belonging to the city, either in the form of land, real estate or other properties, having an estimated vplue pf five hundred dollars ($500.00) or less; opportunity shall he given for open competition by posting notices of said sales 'in not less than three (3) public places within the corporate limits of the City of La Porte for a period of at least ten (10) days prior to date of said sale. And in all sales of property valued at more than five hun- dred dollars ($500.00), the property shall be advertised for •sale and -bids in the local newspaper; the contract or sale shall be awarded to the highest responsible bidder after such public -notice and competition as may be prescribed, provided the commission shall have the power to reject all bids and ad- vertise again. These same procedures shall be used whenever the city acts as transfer agent. Section-67. Purchase procedure. Before the city makes any purchase for supplies, materials, equipment or contractual services, opportunity shall be given -for competition. The director of finance shall have authority to make expenditures without the approval of the commission ,for all budgeted items not exceeding one hundred dollars ($100.00) . Any expenditure involving more than one hun- dred dollars ($100.00) must be expressly approved in advance by the commission. All contracts or purchases involving more than one thousand dollars ($1,000.00) shall be let to the best bid by a responsible bidder after there has been an oppor- tunity for competitive bidding. Where an expenditure of more than two thousand dollars ($2,000.00) is involved, notice of the time and place, when and where such contract shall be let shall be published in the official newspaper of the City of La Porte once a week for two (2) consecutive weeks prior to the time for making such purchase or letting sudh contract, the time of the first publication to be at least four- teen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the com- mission shall have the right to reject any and all bids; and provided further that nothing herein shall apply to contracts for professional 'services nor to work done by the city and paid for by the day as such work progresses. $ ton 8 ZContractslo= city v4AeE ' Any city improvements costing more than two thousand dollars ($2,000.00) shall be executed by contract except where such improvement is authorized by • the commission -Jo be - executed directly by a city department in conformity with detailed plans, specifications and estimates. All such con- tracts for more than two thousand dollars ($2,000.00.) shall be awarded to the lowest responsible bidder after such public notice and competition as may be prescribed, provided the commission shall have the power to reject.all bids and adverr, tise again. Except in case of emergency alterations in 'any contract not to exceed fifty per cent (50%) of the total con- tract may be made when authorized by the -commission upon -written recommendations of the mayor; provided that such alteration is acceptable to the other party of the contra& Section 69. Accounting control of purchases. All. purchases made and contracts executed by the division of purchases shall be pursuant to a written requisition from the head of the office, department or agency whose appro- . priat-ion will be charged, and no contract or order shall be issued to any vendor unless and until the director of finance certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance• to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Section 70. Disbursement of funds. All checks, vouchers or warrants for the withdrawal of money from the city depository shall be signed by the city treasurer, or his deputy, and countersigned by the mayor. In the absence of the mayor, checks may be countersigned by the mayor pro tem. Section 71. Borrowing in anticipation of property taxes. In any budget year, in anticipation of the collection of the property tax for such year, whether levied or to be levied in such year, the commission may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated "tax anticipation note for the year 19__.__.", (stating the budget year) . Such notes shall mature and be payable not later than the end of the fiscal year in which the original notes shall have been issued. Section 72. Borrowing in anticipation of other revenues. - In any budget year, in anticipation of the collection or receipt of other revenues of that budget year, the commission may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated "special revenue note ' for the year (stating the budget year). Such notes may be renewed from time to time, but all such notes, together with the renewals, shall mature and be payable not later than the end of the fiscal year in which the original notes shall have been issued. Section 73. Sales of •notes, report of sale. All notes issued pursuant to this article may be sold at. not less than par and accrued interest at private sale by the director of finance without previous advertisement, but such sale shall be authorized by the commission — Article VIII. Tax Administration Article VIII. Tax A&ninistratioat Section 74. Division of assessment. There shall be established in the department of finance'a division of taxation, the head of which shall be the city assessor and collector of taxes. 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 commission. Section 75. Property subject to tax; method of assessment. All real and personal property within the city not expressly exempted by law shall be subject to annual taxation at, its true market value. Each person, partnership and corporation owning property within the limits of the City of IA Porte, shall between the first day of. January and the thirtieth day of March of each year, hand to the city 'assessor -collector a full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the first day of January of the *current year. In all cases of failure to obtain a statement of real and personal property from any cause, the assessor -collector shall ascertain the amount and value of such property and assess the same as he- . believes to be true and full value thereof; and such assess- ment shall be as valid and binding as if such property had been rendered by the owner thereof. M 9-....381i1;__LA PORTE, TEXAS. Charter_-10-749 _.'— BR$ Section 76. Board of equalization; appointamt; gvaiifie4ti0n's; The commission shall each year prior to the first dgy of March appoint three (3) residents who shall be- qualified voters and real property owners as the board of equalization. Such board shall choose from its membership a chairman. The city tax 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 majl be provided for them by the commission, not to exceed twenty. five dollars ($25.00) per day. Section 77. Board of equalization; public hearing; notice to - owner. At the same meeting that the commission appoints the board of equalization, it shall by ordinance fix -the time of the first meeting of the board which shall be on the tenth day of March, or as soon thereafter as practicable. After such first meeting, the board may reconvene and adjourn from time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any person in relation to the assessment roll. Whenever said board shall find it their duty to raise the value of any property appear- ing on the lists or books of the 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) nor 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 such property or to the person rendering same of the time to which said board has adjourned; and that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may be served by depositing the same, properly addressed, and. postage paid, in the city post office. Section 78. Board of equalization; powers and duties. It shall be the duty of such board to examine and, if neces= nary, revise the assessments as returned by the city assessor - collector, to the end that all properly within the city shall be assessed as fairly and as uniformly as possible. The board of equalization shall also have the power to: (1) Review on complaint of property owners assessments for the purpose of taxation of both real and personal property within the city made by the city assessor - collector; (2) Administer oaths; (3) Take testimony; (4) Fold hearings; (5) Adopt regulations regarding the procedure of assess- ment review; (6) Compel the production of all books, documents, and other papers pertinent to the investigations of the tax- able values of any person, firm, or corporation having or owning property within the corporate limits of the city subject to taxation. Se 79.. Board of equalization; •reoerds; royal of rolls. board shall be required to keep an alWatd record of all its proceedings, which 'shall be available for public in- spection. Immediately upon completion of itd work, the board shall- certify its approval of the assessment" rods *hich . shall be returned to the commission, which shall thereupon.appro" the said rolls as returned to it and thereupon adopt the same as the assessment rolls to be used for the collection of taxes for the current year. Section 80. Taxes; when due and payable.' All taxes due the City of LaPorte shall be payable at the ' office of the city 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 commission may provide by ordinance. Section 81. Seizure and sale of personal property. The assessor -collector ' of taxes shall- by virtue of his tax rolls have power and authority to seize and levy upon all personal property and sell the same .to satisfy all taxes, tD. gether with all penalty, interest and costs due on said personal property by said delinquent to the city. When he seizes per- sonal property for such purposes he shall keep the same at the expense of the owner until the sale is made, and shall give notice of the time and place of sale of same by posting 'a written notice at the city hall door -and one at another public place within the City of La Porte at least ten (10) days be. fore the date of sale. He shall sell the same to the highest bidder for cash for all taxes, interest, cost and expense of caring for said property,. and shall make an entry in the book of sales of the amount for taxes, cost and' expenses refunding surplus to said delinquent. All such sales shall be made at the front door of the city hall. A sale of personal property for deiinquent taxes shall convey with it an absolute title subject to the right of the delinquent to redeem the same within ten (10) days from the date of said sale. Section 82. Tax liens. The tax levied by the city is hereby declared to be a lien, charge, or encumbrance upon the property upon which tact is due, which lien, charge, or encumbrance the city is entitled to. enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the prop- erty in favor of the city, for the amount of taxes due on such property is such as to give the state courts jurisdiction 'to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but- also as against non- residents. All taxes upon real estate shall especially be a lieii and a charge upon the property upon which the taxes are due, which lien may be foreclosed in any court having jurisdiction. Article 11L. N ominaUons and . Elections . Section 83. Municipal elections. The regular election for the choice of a mayor and members of the commission as provided in Article II, Section 12, shall be held annually on the first Saturday of April. The. com- mission may by ordinance or resolution order a special elec- tion, fix the time for holding same, and .provide all means for holding such special elections. (As amended, August 28, 1969) Section 84. Regulation of elections. The commission shall make all regulations which it con- siders needful or desirable, not inconsistent with this charter or the laws of the State of Texas, for the conduct of municipal elections. for the prevention of fraud in such elections and for'the recount of ballots. in case of doubt or fraud. MunicIVA 10___3851._LA PORTE, TEXAS. Charter_ 104-69 -------- RRS elections shall be conducted by the appointed election authori- ties, who shall also Ifave power to make such regulations not inconsistent wit is. charter, with any regulations made by the commission o he laws of the State of Texas. ,Section 85. How to get name on ballot. Any qualified elector of the city who is otherwise qualified may have his name printed upon the official ballot for the particular office at any election by filing his sworn appli- cation with the mayor at least thirty (80) days prior to'the election date and having posted the required filing fee, to be fixed by the commission as follows: For mayor not to exceed the sum of $100.00 For commissioner . .... not to exceed the sum of 50..00 .rhe filing fees shall be used to defray the cost of the elec- tion and said fee shall be prorated and any surplus shall be refunded to said candidates. Section 86. Commission ballots. The full names of all candidates for mayor or the com- mission as hereinbefore provided, except such as may have withdrawn, died or became ineligible, shall be printed on the official ballots without party designations. If two (2) can- didates with the same surnames, or with names so similar as to be likely to cause confusion are nominated, the addresses of their places of residence shall be placed with their names on the ballots.. The order of ,the names on the ballot shall be determined by lot. Section 87. Laws governing city elections. All city elections shall be governed, except as otherwise provided by the charter, by the laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto; and in event there should be any failure of the general laws or this charter to provide for some feature of the city elections, then the commission shall have the power to provide for such deficiency, and no infor— malities in conducting a city election shall invalidate fire same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the charter and ordinances of the city. Section 88. Canvassing elections. Returns of the elections, general and special, shall be made' by the election officers to the commission within five (6) days following said election at which time the commission shall canvass and declare the results of such election. Article X. Initiative, Referendum and Recall Section 89. Power of initiative. The electors shall have the power to propose any ordin"VO except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiative ordinance may be submitted to the commission by a petition` signed by qualified electors of the city equal in number in at least fifty per centum (50 Jc) of the number of votes cast at the last regular municipal election. Section 90. Power of referendum. The electors shall have power to approve or reject at The -polls any ordinance passed by the commission, or submitted by the commission to a vote of the electors, except as provided in section 55, such power being known as the referendum. Ordinances submitted to the commission by initiative petition and ;passed by the commission without change shall be sub- ject to the referendum in the same manner as the other ordi- nances. Within twenty (20) days after the enactment by the commission of any ordinance which is subject to a refer- endum, a petition signed by qualified electors of the city equal in number .to at least fifty per centum (507o) of the number of votes cast at the last preceding regular municipal election may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors. Section 91:.Form of petitions; committee of petitioners, Initiative• petition papers shall cdntain the full text of the proposed ordinance. The signatures to initiative or refer• endum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section_ . Each signer of any petition paper shall sign his name in ink or indelible pencil and shall 'indicate after his name his place .of residence by street and number, or other description suf- ficient to identify the place. There shall appear on each petition the names and addresses of five (5) electors, who, as a committee of the petitioners, shall be regarded as respon- sible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and -he only personally circulated the foregoing paper, that it bears a •stated number of signatures,- that all signatures appended' thereto were made in his presence, and that he believes them to be genuine sig- natures of the persons whose names they purport to be. 0 - • Section 92. Filing, examination and certitiMOM of peti t All petition papers comprising an initiative or referentd�um Petition shall be assembled and filed with the city clerk as one instrument. Within twenty (20) days after a petition - is filed, the city clerk shall determine whether each paper of the petition has a proper statement of the •circulator and whether. the petition is signed by a sufficient number of gealified electors. The city clerk shall declare any 'petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. • If a petition. paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the city clerk shall certify the result thereof to the commission at its next regular meeting. If he shall certify . that the petition is insufficient he shall set forth in his cer- tificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings. Section 93. Amendment of petitions. -An initiative or referendum petition may be amended at any time within ten (10) days after the notification of in- sufficiency has been sent by the city clerk, by filing a supple- mentary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall, within five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further •action shall be had on such insuf- ficient petition. The finding of the insufficiency of a petition 8851_.LLA PORTE, TEXAS: Charter_'.10-7-69-:__ 198 shall not prejudice• the filing. of a new petition for the saMe purpose. ' Section 94. - Effect of certification of refere>n". petltlesq.- . When a referendum " petition, dr amended ipetition an der fined in section 98 of this charter, has basin certi!W A0 sufficient by the city clerk, the ordinance specified ip tM petition shall not go into effect, or further action thereundo ahalI• be suspended if it shall have gone into eft'ect, until• aM unless approved by the electors, as hereinafter provided. " Section 95. Consideration by commission. Whenever the commission receives a certified initiative dr referendum petition from the city clerk it shall, proceed at once to consider such petition. A proposed initiative ordi- nance shalt - be read and provision shall W made -for it public hearing upon the proposed ordinance. The commission shall take final action on the ordinance not later than sixty (60) days after the date on which such ordinance was submitted to the commission by the city eletPk. A referred ordinance dhall be reconsidered by the commission and its final vote • upon such reconsideration shall be upon the question, "Shall the ordinance in the referendum petition be repealed?" Section 96. Submission to electors. If the commission shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth in the petition therefor, or if the commission fails to repeal a referred ordinance, the proposed or referred ordinance shall. be submitted to the electors not less than thirty (30) days nor more than sixty (60) days from the date and the commission takes its final vote thereon. The commission may, in its discretion, and if no regular election is to beheld within such period shall, provide for a special ,election. Section 97.. Form of ballot for initiated and referred ordi- nances. ,Ordinances "submitted to vote of the electors in accordance with the initiative and referendum provisions of this charts+r shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may Le dif- ferent from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance, if a paper ballot, shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have below it the same two (2) proposi- tions, one above the other or 'one preceding the other in the order indicated, and the elector shall be given an opportunity, to vote for either of the two (2) propositions and thereby "to vote for or against the ordinance. Section Results of election. If a m ority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be a'n ordinance of the city. A referred ordinance which .is not ap, proved by a majority of the electors voting .thereon shall thereupon be deemed repealed. If conflicting urdinanees are approved by the. electors at the same election, the one receiv- ing the greatest number of affirmative votes shall prevail td the extent of such conflict. Section 99. Repealing ordinances; publication. Inktiative 'and referendum ordinances adopted or approve8 by the electors shall be published, and may be amended or repealed by the commission, as in the case of other ordinances. Section 100. Recall; general. The mayor or any member of the commission may be re- moved from office by recall. Section 101. Recall procedure. Any elector of the City of La Porte may make and file with the city clerk an affidavit containing the name or names of the officer or officers whose removal is sought and state- ment of the grounds for removal. The clerk shall thea reupon deliver to the elector making such affidavit copies of petition blanks demanding such removal. The city clerk shall keep a sufficient number of such printed petition blanks on hand for distribution. Such blanks when issued by the city clerk shall bear the signature of that officer and be addressed to the commission, and shall be numbered,, dated and indicate the name of the person to whom issued. The petition blanks when issued shall also ' indicate the- name of the person to whom issued. The petition blanks when issued shall also indicate the number of such blanks issued and the name of the officer whose removal is sought. The city clerk shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number is- sued to said person. Section 102. Recall petitions. The recall petition to be effective must be returned and filed with the city clerk within thirty (30) days after the filing of the affidavit required in section 101, and it must be signed by qualified electors of the city' equal in number to at least fifty per cent (5091o) of those who were qualified voters and voted on the date of the last regular municipal election, and at least one-half of the qualified voters consti- tuting such fifty per cent (509-) signing the petition shall make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is sought, in th6 elea- tion at which he was last elected. Such recall petition shall con- form to the provisions of section 91 herein, and no petition papers shall be accepted as a part of a petition unless it bears the signature of the city clerk, as required in section 101 herein. 1"851—.LA PORTE, Texas Charter 104-69 ' WlEi+(ir�- king requirements .(1) With respect ' to each person whose. removal i8 eat*ht the question shall be submitted "Shall (natde of -Pel. son) be removed from the office of (.name of otfiee) by recall?" (2) Immediately below each such question there shall be' printed the two (2) following propositions, oxie abov ° the other; in the order indicated: "For the recall of ( name of person) ". "Against the recall of (name of person)'.'. Section 105. Results of recall election. If a majority of the votes cast at a recall election shall be against the recall of the officer named on the ballot, he- shall continue in. office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes at- such an election be for the recall of the officer named on the ballot, he shall, regardless of .any technical defects in the recall petition, be deemed removed from office and the vV cancy shall be filled by the commission as in other vacancies. Section 106. Limitations on recalls. No recall petition shall be filed against the mayor or 'a commissioner within six (6) months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6). 'months after such election. tion 07. District judge may order election. ould the commission fail or refuse to order any of. the elections as provided for in this article, when all the require- ments for such election have been complied with by the peti- tioning electors in conformity with this article of the charter, then it shall be the' duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of -the provisions of this article of the .charter. Article XI. Franchises and Public Utilities Section 108. Powers of the city. In addition to the city's power to buy, own, construct, main- tain, and operate utilities and to manufacture and distribute electricity, gas; or anything else that may be needed or used by the public, the city shall- have further powers as may now or hereafter be granted under the constitution and laws of. the State of Texas. Section 109. Franchises; power of commission. The commission shall have power by ordinance to grant, amend, renew and extend all franchises of all. public utilities of every character operating within the City' .of La Porte, .and for such purposes' is granted full power. All ordinances granting, amending, renewing, or extending franchises for public utilities not be finally passed until thirty j80) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the full text of such ordinance shall bepublished once each week for four (4) consecutive weeks in the official newspaper of the City of La Porte, and the expense of such publication shall be borne by the proponent of the franchise. 'No public. utility franchise shall be transferable except with . the approval of the commission expressed by, ordinance. Section 103. recall election. The city clerk shall at once examine the recall petition and if he finds it sufficient and in compliance with the provisions of this article of the charter, he shall within five (5) days submit it to the commission with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (6) days after such notice the commission shall thereupon order and fix a date for holding a recall election. Any such election shall be held not less than thirty (30) days nor more than sixty (60) days after the petition has been presented to the commission at the same time as any municipal election held within such Period; but if no such municipal election be held within such period, the commission shall calla special election to be held within the time .aforesaid. Section 104. ;Ballots in recall election. Ulots used at. recall elections shall conform t6 theIdlow Sectiolllo. Franchise value not to be allowed. In fixing reasonable rates and charges :for utility'- service Within the city and in determining the just -compensation to be paid by the city for public utility property wh#ch the city, -may acquire by condemnation or otherwise, nothing shall be included as the value of any franchise granted by the city under this charter. Section 111. Right of regulation. All grants, renewals, extensions, or amendments of public utility franchises, whether it be so provided. in the ordin8me or Opt, shall be subject to the right of the city: (1) To repeal the same by ordinance at any time for fail- ure to begin construction or operation within the time -prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. (2) To require an adequate extension of plant and seMce, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. (3) To establish reasonable standards of service and quaL ity of products and prevent unjust discrimination - in service or rates. (4) To prescribe the form of' -accounts kept by each such utility; provided, that if the utility shall keep its ac- counts in accordance with the uniform. system of accounts for said utility prescribed by the National Association of Railroad and Public Utility Commis,. sioners, the Federal Power Commission, the Federal Communications Commission, the Railroad Commission of Texas, their successor, or successors, this shall be deemed 'sufficient compliance with this paragraph. At any time to examine and audit the accounts and other records of any such utility and to require annual and other reports, including reports on local operations by each such public utility. (5) To impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare, and accommodation of the public. (6) To at any time require such compensation and rental as may be permitted by the laws of the State of Texas, Section 112. Consent of property owners. The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this charter or in any franchise granted thereunder shall ever be construed. to deprive any such property owner of any rights of action for damage or injury to his property as now. or hereafter - provided by law. 1"851—LA PORTE, Texas Charter M-7-61496, the power of the City of La Porte to exercise theright df eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided .for to regulate' Ale rates and services of the grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be held subject ' do all the terms and conditions contained .in the various sections of this article whether or not such terms are specifically • mentioned in the franchise. Nothing in this charter shall operate to limit in any way, as specifically stated, the discre- tion of the commission or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. Section 115. Franchise records. Within six (6) months after this charter takes effect every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises owfied or claimed, or under which such utility is operated in the City of La Porte. The city shall compile and maintain a public record of public utility franchises. Section 116. Accounts of municipality owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true and complete financial results of such city ownership and .opera- tion, including all assets, appropriately subdivided into dill- ferent classes, all liabilities subdivided by classes, deprecia- tion,. reserve, other reserves, and surplus, also revenues, op- erating expenses, including depreciation, interest payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for sudh capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The commission shall annually cause to be made by a licensed public accountant and shall publish a report showing the fi- nancial results of such city ownership and operation,. giving the information' specified in this section or such data as the commission shall deem expedient, in accordance with section 27, Article II. Section 117. Regulations of rates and service. The commission shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating in the City of La Porte. Section 113. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be operated as such, and shall be subject to all the obli- gations and reserved rights contained in this charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in section 111. In• case of an extension of a public utility operated under n franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Section .114. Other conditions. All franchises heretofore granted are recognized as con- tracts between the City of La Porte and the grantee, and the contractual right as contained in any such franchises shall, not be impaired by the provisions of.this charter, except *at. x *Article XII. General Provisions* Section 118. Publidty of records: All records and accounts of 'every office, department or agency of the city shall be open to inspection by any citizen, .any representative of a citizen's organization or 'any repre- sentative of the press at all reasonable times and - udder rea- monable' regulations established by the commission. Section 119. Personal interest. No member of the commission or any officer o_r employe&, of . th1e city shall have a financial interest,' -direct or indirect ,or by reason of ownership of stock in any corporation, in any contract, or in the sale to the city, or to a contractor supply- ing the city, of any lands or rights of interests in any land, material, supplies, or service. Any wilful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his- office or position. Any violation of this section with the knowledge expressed or implied of, the person or cor- poration contracting with the city shall render the contract voidable by the commission. (As amended, August 23, 1969) . Section 120. Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath .or affirmation, to be filed and kept in the office of the city clerk: d'I-------------------- ---------- - -------------_-.., do solemnly swear (or affirm), that I will faithfully execute the.duties of the office Of _--- —----- ---------------------------- ---------- of - the City of La Porte,' State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the charter and ordinances, of this city; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered,'or proms ised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if .the office is one of appointment, to secure my ap- pointment. So help me God." Section 121. Bonds; discharge of officers and employees. The commission shall require a bond from each officer of the city and may require bond from any city employee in amounts to be fixed by the commission. The commission shall be authorized to discharge at any time, with ' or without a hearing, as the commission may elect, any officer, employee or clerk• which it appoints. ',Section 122. Public library. The commission shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm•, association or corporation under such terms as the commission may prescribe for the establishment of such free public library. For budget purposes, the library shall be considered as a department of the city and the appro- priations therefor shall comply with all' the budgetary re- quirements. as outlined in this charter - and as may be prescribed from time to time by the commission. Annual ap- propriations for the library will not be continuing, but *ill revert to thegeneral fund in the same manner as the under - spent appropriations of the other departments. Section 123. Hospital; operation of. The' city shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospital. Such hos- pital shall be operated by a hospital board, subject only to such. direction and supervision as shall be contained in any ordinance or ordinances duly enacted by the governing .body of said. city. Section 124. Hospital; finances. All funds belonging to said hospital, whether classed as funds received' in course of operation, or otherwise, shall be kept in a separate hospital fund, and shall be used only for the operation and maintenance of said hospital arid -Jar no 14-.3851-LA PORTS, Texas .Charter 10-749' WRG Other purpose, except that such funds may b& used by" the .city for general operating purposes with the: express consent- -of the hospital board. The hospital board s4a$ submit a quar- terly operating statement to the commission, and an annff*l audit to coincide with the fiscal year of the City of La marls,: Section 125. Zoning ordinances. For the purposes of promoting the health, safety, 'n7q am :• or general welfare of the city, the commission may by ordi- nance regulate the. location, height, bulk and size. of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence and other purposes. Such ordinances may provide that the zoning board of appeals may, in appropriate cases and subject to appropriate principles, standards, rules, conditions 'and safeguards set forth in the ordinance, make special "exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide. that the zoning. board of appeals may authorize variances from the strict application of the regulations .in such situa- tions and subject to such limitations as may be set forth in ordinance. All of the powers granted by Title 28, Chapter 4, Articles 1011A to 1011J, both inclusive, of the 1925 Revised Civil Statutes of Texas, together with • existing amendments and all amendments as hereinafter may be made relating to zoning in cities, are hereby adopted and made a part of this charter. Section 126. Housing authority. The commission may create a housing authority of such number, terms and compensation of members as the commis- sion may determine and may delegate to the housing authority such powers relating to the planning, construction, recon- struction, alteration, repair, maintenance or operation of housing projects and housing accommodations as the con%- mission' may determine. Section 127. Provisions relating to assignment, execution and garnishment. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment,- or sequestration; nor shall the ,city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the city nor any of its officers or agents' shall be required to answer any such writ of garnishment on any account whatever.'The city shall not be obligated to rec- ognize any .assignment of wages or funds by its employees, agents, or contractors. Section 128. City not required to give security or execute bon8. It shall not be necessary in any action, suitor proceeding in which the City of La Porte is a party, for any bond, under- taking or security to be demanded or executed by or on be- half of said city in any of the state courts, but in all such actions, suits, appeals or proceedings same shall be conducted' in the same manner, as if such bond, undertaking or security had been given as required by law, and said city shall be just as liable as if security of bond had been duly executed. Section 12� _. . __ 9. Disabled employees;_ . pensions, ineurance. . The commission shall have authority to provide the rules and regulations for maintaining employees when injured and 4 disabled while 'performing their duties, or it may provide for such plan of insurance as it deems .proper. The Commis- sion may establish a pension .plan for anv emnlnveo w%n has been continuously employed by tie city for twenty (205. years and who shall have reached the age of fifty-five (55)., or may adopt in lieu thereof' any pension system avhilable tw . cities under. state law. The amount of said pension shall be graded and proportioned to the average salary received by the - employee during the whole period of his employment. All those falling under the head of employees in this charter and who are employed by the city when the same takes effect ' shall be entitled to a credit for the years of continuous service heretofore served. Provided however that any payment under this provision shall never constitute a waiver or stop the city from- asserting any defenses it might have under section 5, of Article I of this charter. Section 130, Effect of this charter on existing law. All ordinances, resolutions, rules and regulations no' w in force under the city government of the City of La Porte and -not in conflict with the provisions of this charter shall remain in force under this charter until. altered, amended or repealed by the commission after this charter takes effect; and all rights of the City of La Porte under -existing franchises and contracts are preserved in full force and effect to the City of La Porte, and any unissued bonds and revenue bonds, or in- stallments thereof, heretofore authorized at an election held in said city -shall not be affected by the adoption of this char- ter, but -the right to sell, issue, and deliver same, in whole or in part, in keeping -with the provisions of the laws under which they were voted is hereby expressly reserved. Section 131. Interim municipal government. From and after the date of the adoption of this charter and.until the completion of the first election under this charter to be held on the fourth Tuesday in April, A. D. 1950, and the qualification of the mayor and commissioners therein elected, the present qualified and acting mayor and two (2) present qualified and acting commissioners shall constitute the commission of the City of La Porte. Such commission shall . possess all of the powers provided by this charter and pat- ticularly by Article II hereof. Section 132. Amending the charter. 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 *submitting a new charter. Amendments may also be proposed and submitted by ordinance, passed by a majority vote of the full member- ship of the commission, or by a petition signed by not ledge than twenty-five per cent (2591, ) of the number of those who voted at the last regular municipal election, provided, however, that in the latter case the .petition must bear the signatures of at least ten per centum (107o) of the qualified voters of the city. When a charter amendment petition shall have been filed with the commission in conformity with the provisions of this charter as to petitions for initiated ordi- nances, the commission shall forthwith provide by ordinance for ;submitting such proposed amendments to a vote of the electors. Any ordinance for submitting a charter amendment to the electors shall provide that such amendment be sub- mitted at the next regular municipal election if one shall occur not less than sixty (60) days nor more than one hun- -dred and twenty (120) days after 'the passage of the •or - 1, -16-38LA FORTE, Texas Charter 10-7-69 OG _-__-_- nance; therwise it shall provide for the .submission of tbg amendment at a special election to be called and held within the time aforesaid. Not less than thirty (30) days prior to such election, the city clerk shall mail a copy of the proposed ;.amendment or amendments to each qualified votes in said city as appears from the latest rolls of the tax collector. If a pro - .posed amendment•.be approved by majority "(if the'electors voting thereon, it shall become a part. of the. a t$rter 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 so submitted as- to enable the electors to vote on each amendment separately. Section 133. Separability clause. If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and ef- fect with the section or part of section to which such holding shall directly apply. Section 134. Submission of charter to electors. The charter commission in preparing this charter 'finds and decides that it is impracticable to segregate each subject so as to permit a vote of `'yes" or "no" on the same, for the reason that the charter is so constructed that in order to . nable it to work and• function it is necessary that it should be adopted in its entirety. For these reasons the charter com- mission directs that said charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City. of La Porte at an election to be held for that purpose on the 22nd day of March, A. D. 1949. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this charter, it shall become the charter of the •City of La Porte, and after the returns have been canvassed, the same shall be declared adopted and the city clerk shall file an official copy of the charter with the records of the city. The clerk shall furnish the mayor a copy of said charter, which copy of the charter so adopted, authenticated and certi- fied by his signature and the seal of the city, shall be for- warded by the mayor to the secretary of state of the State of Texas and shall show the approval of such charter by majority vote of the qualified voters voting at such election. In not less than thirty (30) days prior to such election the commission shall cause the city clerk to mail a copy • of this charter to ' each qualified voter of the City of La Porte as appears from the tax collectors roll for the year ending January thirty-first preceding said election. It being impracticable to submit this charter bk sections it is hereby prescribed that the form of ballot to be -used in such election shall be as follows, to wit: FOR THE ADOPTION OF THE CHARTER.' AGAINST THE ADOPTION OF THE CHARTER. CHARTER COMPARATIVE TABLE Date Disposition 3-22-49 1- 184 4-22-58 3 4-22-58 12 4-22-58 16 8-23-69 10 8-23-69 12- 14 8-28-69 21 8-28-69 33 8-23-69 49- 66 8-23-69 83, 119 1 ! LAW OFFICES KNOX W. ASKINS 1 122 S. BROADWAY P. O, BOX ;1218 LA PORTE,TEXAS 77S71 GREENFIELD 1-1886 July 16, 1969 k. orin & Company 1224 Washington Avenue Rouston, Texas ' Attention,I Hr„' Isen . i Re: City of. Lai Porte Charter Election on. August 23, 1969 Pear Mr. Isen: :C represeaa.t the City of La Porte, which will hold a Charter Jimeridment election .on August 23, 1969. 1 enclose herewith a Oarbon•copy of City -of La Porto Ordinance'No. 821, which dives all .of the details an the election, and the form in which the propositions area to be placed on the ballot. The City willi.need three voting machines,, one for absentee balloting, which. begins August 4, 1969, and continues through August 19, 1949., 'and two for use at the general election on August 23,. 1969. in additions -ire will need mail absentee balloting materials. If you need any further information in order to prepare a complete election kilt, please call me at 471-1886. You may b�ll the City of La .Porte 'in care of my office, and I will so* that your charges are promptly remitted. Thank you a'or your bind assistance in this matter_ 1 r`y truly ao Knox W;torney ina City A I 'florin G Cbspany July 16, 1969 I Cc - Vloti.nq Machine Department Room 610 Harris County -Criminal Courts Bldg. I1ous'ton, Texaa Attention: Mr. Mctlroy Dear :sir. Mchii:oy: x wri."Ll appreciate your delivering the. voting machine. for absentee balloting, ' prior to August 4, 1969, the first: day for absentee balloting. The City of La Porte City H411 is open from 9s00 to 9:00, Monday through Friday. urs v y truly, i IJ% nox W. Askins KVIA/fh bcc - Hon. Mayor. and City Commissioners City of La Porte P.O. Box 1115 Ia Porte, Texas 77571 s MEXICO CITY O- FICE PASEO DE: LA REFORMA NO. 76 TELEPHONE 46 BB 20 G-22',5,c BAKER, BOTTS. SHEPHERD & COATES ESPERSON BUILDING HOUSTON. TEXAS 77002 TELEPHONE 713 CA 3 4800 Mr. Knox As'.kins City Attorney City of La Porte 1225 Broadway La Porte, Texas Dear Knox: CABLES "BOTERLOVE" HOUSTON "BAKMIR" MEXICO CITY August 15, Enclosed are dra.ft:. of proposed revisions of Cnapter VI of the Charter of time City of La Forte. If either you or Mr. Brown feel that t,iese drafts are not consistent with the views eixpr-essed at our : onference, please do not hesitate to 1eme know. It was good to ;:ee you again and I Dope it v. Lll not be sc long between visits in the future. Your• S� '11 ly truly, Paul W . by PHY : 85 Enclosures cc: Mr. Ernest L. Brown, Jr. Moroney, Beissner & ; Ire . 1300 flank of the Sout.':--aest Houston, Texas 7700: SUGGESTED REVISIONS FOR CHAPTER VI OF THE CHARTER OF THE CITY OF LA PORTE I. Delete the present Sections 49, 50, 51, 52 and 54 and substitute in lieu thereof a new Section 49 to read as follows: SECTION 49 - Power and authority to incur indebtedness The City of La Porte shall have tree power and authority, by ordinance duly adopted, to borrow money on the credit of the City for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this State applicable to Home Rule Cities, except as such power and authority is expressly limited or denied by this Charter, or any amendments hereto. II. Delete the present Section 53 and combine its provisions into the existing Section 55; the non-use of Sections 50 through 54 may be indicated as follows. SECTION 50 - reserved for future use. SECTION 51 - reserved for future use. SECTION 52 - reserved for future use. SECTION 53 - reserved for future use. SECTION 54 - reserved for future use. Section 55* as amended by the addition of the provisions of Section 53, should provide as follows: SECTION 55 - Referendum on bond ordinance Each bond ordinance passed pursuant to a purpose which has been authorized by majority vote of the property taxpaying voters of the City of La Porte at an election held for that purpose shall not be subject to referendum. Each bond ordinance relating*to bonds not authorized by the qualified property taxpaying voters of the City of La Porte, shall be subject to permissive referendum on petition pur- suant to the provision of Article X of this Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise. -note: The provisions must be designated as Section 55 because of the later reference in Section 90 to "Section 55". IV. Delete the present Section 56 and substitute therefore the following: SECTION 56 - Public sale of all bonds No bonds issued under this Charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at least once in the official newspaper of the City, both.of such publications to be made not less than ten days prior to the date•set for such sale. • LAW OFFICES KNOX W. ASKINS 122 S. BROADWAY P. O. BOX 1218 LA PO RTE,TEXAS 77S71 GREENFIELD 1-1886 July 9, 1968 Hon. Mayor and City Commissioners City of La Porte La Porte, Texas 77571 Re: Section 10, Home'Rule*Charter, City of La Porte Hon. Mayor, Mrs. Compton, and Gentlemen: Section 10 of the Home Rule Charter of the City of La Porte now reads as follows, to -wit: "Section 10--Extending Limits by Action 'of' 'the "Commiss'i'on "The Commission shall have power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits and the'annexation of addition- al territory lying adjacent to said city, with or without the consent of the territory and inhabitants annexed. Upon the introduction of such an ordinance in the'Commission, it shall be published in the official newspaper as adopted by the Com- mission in the City of La Porte one time, and shall not there- after be finally acted upon until at least thirty days have elapsed after the first notification thereof. Any citizen of the City of La Porte, or of the territory to be annexed, shall have the right to contest said annexation by filing with the Commission a written petition setting out the reasons for said contest, and after such citizen or citizens shall have been given an opportunity to be heard, said ordinance in original or amended form, as said Commission in its judgment may determine, shall be finally passed, and the territory .so annexed shall be a part of the City of La Porte and the inhabitants thereof shall be entitled to all rights and privileges of other citi- zens and shall be bound by the acts, ordinances, resolutions and regulations of said city." Article 1175, Revised Civil Statutes, which enumerates the powers of home rule cities, read, prior to amendment in 1963, in subdivision 2 thereof, as follows: Hon. Mayor, et.al - 2 July 9, 1968 "The power to fix the boundary limits of said City, to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said City, according to such rules as may beprovided by City charter." In 1963, the 58th Legislature enacted what is known as the' Municipal Annexation Act, codified as Article 970a, Revised Civil Statutes, which made sweeping changes in the procedures to be followed by all Texas cities in annexing additional territory. The same Act amended subdivision 2 of Article 1175, which now reads as follows, to -wit: "2. The power to fix the boundary limits of said City, to provide for the extension of said boundary limits, and the annexation of additional territory lying adjacent to said City, provide for the disannexation of territory within such City, and to provide for the exchange of territory with other cities or towns, according to such rules as may be pro- vided by said charter not inconsistent with the procedural rules prescribed by the Municipal Annexation Act." In the absence of any amendment to Section 10 of the Home Rule Charter of the City of La Porte, the annexation of additional territory to the City would prevent procedural difficulties and complications. In order to assure the validity of any such annexation, it would be necessary to attempt to comply fully with both the provisions of Section 10 of the present Home Rule Charter of the City, and the provisions of Article 970a, Municipal Annexation Act. Therefore, I recommend that the provisions of Section 10 of the Home Rule Charter be amended to hereafter read as follows. Such amendment would also give the City the power of disannexation, which was provided in the amendment of Article 1175, which power is not contained in the present Home Rule Charter of the City of La Porte: "Section 10. Extension and Contraction of Boundary Limits "The Commission shall have power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to the City, to provide for the disannexation 0 Hon. Mayor, et al - 3 July 9, 1968 of territory within the City and to provide for the exchange of territory with other cities and towns, in any manner that may now be provided by law or that may be hereafter provided by law, not inconsistent with the procedural rules prescribed by the Municipal Annexation Act, as now or hereafter amended." In my opinion, the proposed amendment to Section 10 would place the provisions of the Charter on the subject of annexation and disannexation in harmony with the newly -amended provisions of Subdivision 2, Article 1175, Revised Civil Statutes, and the various provisos as to future amendments would keep the provisions of Section 10 up to date. urs very truly, Knox W. Askins KWA/ f h 0 LAW OFFICES KNOX W. ASKINS 122 S. BROADWAY P. O. BOX 1218 LA PORTE,TEXAS 77571 GREENFIELD 1-1886 July 9, 1968 Hon. Mayor and City Commissioners City of La Porte La Porte, Texas 77571 Re: Charter Amendments Mayor Pfeiffer, Mrs. Compton, and Gentlemen: The procedure for amending the Home Rule Charter of the City of La Porte is contained in Article 1170, Revised Civil Statutes, and Section 132 of the Home Rule Charter of the City, which read as follows: "Art. 1170. Amendments "When the governing body desires to submit amendments to any existing charter, said body may on its own motion, in the absence of a petition, and shall, upon the petition of at least ten per cent (10%) of the qualified voters of said city, submit any pro- posed amendment or amendments to such charter. The ordinance providing for the submission of such amendment or amendments shall require the submission thereof at an electbn to be held not less than thirty (30) days nore more than ninety (90) days after the passage of said ordinance. If the next regular municipal election is to be held during said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special election shall be called for the purpose. Notice of the election for the submission of said amendment or amendments shall be given by publication thereof, in some newspaper of general circulation published in said city, on the same day in each of two (2) successive weeks; the date of the first publication tribe not less than fourteen (14) days prior to the date set for said election. The form of such notice shall be as prescribed by the governing body or as may be otherwise prescribed by law, and shall include a substantial copy of the proposed amendment or amendments. Every amendment submitted must contain only one subject, and in pre- paring the ballot for such amendment, it shall be done in such :manner that the voter may vote "Yes" or "No" on any amendment or amendments without voting "Yes" or "No" on all of said amendments. 0 Hon. Mayor, et al - 2 July 9, 1968 Each such proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the charter of said city. No amendment shall be considered adopted until an official order has been entered upon the records of said city by the governing body thereof declaring the same adopted." --Acts 1913cc p. 307; Acts 1961, 57th Leg., p. 1108, ch. 500, 51. Section .132 of the Home Rule Charter reads as follows: "Section 132-Amendingthe charter "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 submitting a new charter. Amend- ments may also be proposed and submitted by ordinance, passed by a majority vote of the full membership of the Commission, or by a petition signed by not less than 25% of the number of those who voted at the last regular municipal election, provided, how- ever, that in the latter case the petition must bear the signa- tures of at least ten per centum (10%) of the qualified voters of the city. When a charter amendment petition shall have been filed with the Commission in conformity with the provisions of this charter as to petitions for initiated ordinances, the Commission shall forthwith provide by ordinance for submitting such proposed amendments to a vote of the electors. Any ordi- nance for submitting a charter amendment to the electors shall provide that such amendment be submitted at the next regular municipal election if one shall occur not less than sixty days nor more than one hundred.and twenty days after the passage of the ordinance; otherwise it shall provide for the submission of the amendment at a special election to be called and held withi the time aforesaid. Not less than thirty days prior to such election the city clerk shall mail a copy of the proposed amend- ment or amendments to each qualified voter in said city as appears from the latest rolls of the tax collector. If a proposed amendment be approved by majority of the electors voting there- on, 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 so submitted as to enable the electors to vote on each amendment separately." 0 Is Hon. Mayor, et al - 3 July 9, 1968 The recently appointed Charter Committee should be considered advisory to the City Commission of the City of La Porte, and not as a charter commission. The City Commission should take under consideration the recommendations of the Charter Committee, but the amendments, if any, to the charter, should be proposed and submitted by ordinance, passed by a majority vote of the whole membership of the Commission. The date of the election shall be not less than thirty (30) nor more than ninety (90) days after the passage of this ordinance. Notice of the elec- tion should.be given by publication, as provided for in Article 1170, and also by mailing a copy to each qualified voter in the City as appears from the latest tax roll,.as provided by Section 132 of the'Charter. Particular note'should-be'made'of the'provisions of Article 1165, Revised Civil Statutes, that no city charter shall be altered, amended, or repealed oftener than every two years. Yours j0ery truly, nox W.Askins KWA/fh 0. a MORONEY, BEISSNER & CO.,INC. INVESYMENT BANKERS 1300 BANK OF THE SOUTHWEST BUILDING CAPITOL 2-1282 HouSTONJEXAS 77002 July 8, 1968 t Mr. Knox Iskins P. 0. Box 1218 La Porte, Texas Dear Knox: The following items seem worthy of consideration in the proposed changes to the City Charter of the City of La Porte. Article 6 - I would like to suggest that we adopt the general laws now applicable to the issuance of bonds, refunding bonds or warrants and to make this in such a way that future amendments to state statutes will be available to the City. I have asked Paul Phy with Baker, Botts, Shepherd & Coates to draft this article and I will send you his suggested draft as soon as it is received. .I would like to suggest that the City change its fiscal year from June 30 to September 30. This will conform to the report- ing period used by various agencies that report on municipal credits. With reference to Section 75, I raise the question, can this be construed to mean that the Charter requires the City to place pro- perty on the tax -roll at its I= market value. I realize that the state statutes have been variously interpreted; however, it seems to me, here again, the City might do well to simply adopt the state statutory provisions so that if this statute is ever amended it will be applicable to La Porte and ,j not necessarily conflict with the La Porte Charter. In going through the Charter I find specific reference to sewer systems, electric systems and gas systems but no reference to water systems, other than through a broad interpretation of the word "utilities" which I am sure covers the situation; however, it may be better to be more definitive. Last, but not least, -I think the City should authorize the employment of a City Manager and, through the Charter, extend to the City Manager rather broad administrative authority. If I can be of any help in any of these charter pro- ceedings please feel free to call me. With mar best personal regards, I am Yours very truly, Ernest L. Brown, r. Vice President,`, ELB:gr ' CITY OF LA PORTE COMMISSIONERS to C4 LOIS J. COMPTON CABLES O. LA PORTE, TEXAS 77571 BOBBY J. BURGIN RGIN W. A. STABS. JR. June 18, 1968 City Manager City of Lufkin P. 0. Box 190 Lufkin, Texas 75901 Dear Sir: Please forward to us a copy of your new Charter and bill us for any cost. Thank you for your attention. Yours very truly, City of La Porte Mrs. Marilyn Kelley My Clerk Per your request of June 18, 1968, we are enclosing Charter for the City of Lufkin. Lynn Durham City Secretary MAYOR H. P. PFEIFFER CITY CLERK MARILYN KELLEY MORONEY, BEISSNER & CO.,INC. INVESTMENT BANKERS 1300 BANK OF THE SOUTHWEST BUILDING CAPITOL 2-1282 HouSTON,TEXAS 77002 November 29, 1966 Mrs. Marilyn Kelley, City Clerk City of La Porte P. 0. Box 728 La Porte, Texas Dear Mrs. Kelley: I am glad to hear that the City is planning to make changes in its City Charter. I think that the City would be well advised to consider completely eliminating article 63, "Borrowing for Capital Improvements" and substitute therefor a short provision to permit the City to issue bonds or notes or warrants as authorized by the general laws of the State of Texas. I think this is particularly important in view of the fact that the State Legislature does from time to time pass special legislation with reference to bonds and warrants, and often times where a municipality has tried to spell out these authorities in its charter conflicts will develop. I would like to suggest that the new charter provide for a fiscal year ending September 30. If you, or Knot Askins, or any member of the City Council has any questions on this subject will you please telephone me. Thanking you for your lett and with best personal regards, I am Yours ver,u17, ddt`L: Brown, Jr. e President ELB:gr cc: Mr. Knox Askins Members of the City Commission Total No. Motes Cast 99 As Shown on the Public Counter. If more than one machine is used. give total of all Public Counters. CERTIFICATE No. 1 (To be .filled out and signed by the Presiding Judge and Officers of Election, BEFORE THE OPENING OF THE POLLS.) WE HEREBY CERTIFY That on this— `3 day of q�-� 19 � f , before the polls in the above precinct were open, the keys P �• chin delivered t in a sealed envelo or the machine (ma, (maces) were d o pe The number on the wal upon: The number registered on the protective counter of: Machine No,0�— was No 3 ,99 �- Machine No,3 94 -L Z - was No // 2'9 9 Machine No.r�i�s�_ was No 2A Machine No. 3 ` :t .6 was No- a d Machine No.— was No Machine No was No Machine No` was No Machine No was No Machine No.— was No Machine No was No Machine No` was No Machine No was No Machine No.—. was No Machine No was No - Machine No.— was No Machine No was No Machine No` was No Machine No was No All of the public counters upon Machines Nos. .3�YS�a 3 �s _y � were set at zero (000) The ballot lables are properly placed. upon Machines Nos- The above statements. are true and correct in every particular. CERTIFICATE No. 2 (To be filled out and signed by the election officers, AFTER THE CLOSING OF THE POLLS.) WE HEREBY CERTIFY That on this_ 2_3 day of �19L_ 2, after the last voter had voted in the above precinct the polls were closed at____P. M. and voting Machines Nora S 2- No `V a' , No. , No. No, No—, No- -- were immediatE:ly locked against voting and sealed. The number of votes as shown on the public counter of: The number registered on the protective counter of: Machine Noa_ S 2- was No — Machine No-� `j'�/ �` Z was No / .2 � �3 Machine No.s�1 � was No 9 Machine No-3 9g S' 3 was NoA Machine No.— was No Machine No was No Machine No.— was No Machine No was No Machine No.— was No - Machine No was No. Machine No.— was No. Machine No. was No. Machine No.— was No _ Machine No. was No: Machine No.—. was No Machine No was No Machine No was No Machine No was No. The above statements are true and cornet in every particular. VOTE CAST ON PAPER ROLL No. of Votes The undersigned hereby certify that the foregoing returns of the canvass of votes cast at the A Election held on this e6k, 9 6 9 are true and correct. 0 Presiding age21 yierx Clerk Clerk Supervisor or Watcher Supervisor or Watcher MORIN • COMPANY. VICUSTON, TEXAS 8 10 C� 11 Instructions for Tally of Absentee Ballots 1. One of the Judges of election, in the presence of the election officers shall. between the hours of 2 p.m. and 3 p.m., open the carrier envelopes. 2. Announce each and every one of the elector's names and compare the signature upon the applications with the affidavits upon the ballot envelopes. S.In the presence of watchers, if any, open the ballot envelopes and take out the ballot without permitting same to be unfolded or examined. 4. Presiding officer shall endorse ballots, enter name of elector in poll llst, number same and deposit in 5. After aII such absentee ballots have been deposited in such absentee ballot box, the officers of such election shall designate such of their number as will not inter- fere with uninterrupted use of voting machines as I for in Section 107 of this Act. 1. Absentee voting and the count of absentee ballots is conducted as outlined under sub sec. 7 of Section 79 and Section 107 Texas Election Laws. RETURN SHEET STATEMENT OF CANVASS FOR VOTING MACHINES FOR THE.49&A�a ELECTION HELD IN PRECINCT N0�290 AT dz: — -e2� ePolling Place IN THE COUNTY OF STATE OF TEXAS, ON PROPOSITION, OFFICERS 1 Votes Cast an Votes Cast an Votes Cast on 1 A t � %. ✓. ice. � - � � ® _� �l i WFAMMWA / __� i> total No. Votes fast As Shown on the Public Counter. If more than one machine is used. give total of all Public Counters. CERTIFICATE No. 1 (To be fille(i out and signed by the Presiding Judge and Officers of Election, BEFORE THE OPENING OF THE POLLS.) WE HEREBY CERTIFY That on this_ day of - 19 before the polls in the above precinct were open, the keys for the machine (machines) were delivered to us in a sealed envelope. The number ort the upon: The number registered on the protective counter of: , ��seal Machine No__2/��l!was No /rrY� T- lZ Machine No - J�l%?- was No - Machine No.— was No Machine No was No. Machine No— was No. Machine No was No - Machine No.— was No Machine No was No Machine No` was No Machine No was No Machine No.— was No. Machine No was No Machine No.— was No. Machine No was No Machine No.— was No. Machine No was No Machine No.— was No Machine No was No - All of the public counters upon Machines No —, __, were set at zero (000) The ballot lables are properly placed upon Machines Nos- , V. , _ , --, The above statements are true and correct in every particular. ;>/ • . Clerk Clerk ClerkCl[eft Clerk Clerk Clerk Clark CERTIFICATE No. 2 (To be filled out and signed by the election officers, AFTER THE CLOSING OF THE POLLS.) WE HEREBY CERTIFY That on this— day of - 19. after the last voter had voted in the above precinct the polls were closed at_ _P. M. and voting Machines No._—, No- , No-----, No- , No. No---, No. — were immediately locked against voting and sealed. The number of votes as own on the public counter of: The number registered on the protective counter of: Machine No m .)�/_Z- was No- -- Machine No f � was No Machine No was No Machine No was No Machine No.— was No Machine No was No Machine No.— was No Machine No was No Machine No.— was No. Machine No was No Machine No.— was No Machine No was No Machine No was No Machine No was No. Machine No.— was No Machine No was No Machine No was No Machine No was No. The above statements are true and correct in every particular. 9 / Clerk Clark Clerk Clerk Clerk Clerk Clerk C ler VOTE CAST ON PAPER ROLL The undersigned hereby certify that the foregoing returns of the canvass of votes cast at the.Au Election held on this ?3 — ar��, ��le , are true and correct. 10 PresIding u ge Clerk Clerk Clerk Supervisor or Watcher Supervisor or Watcher MORIN s COMPANY. N12USTON. TEXAS 8 Instructions for Tally of Absentee Ballots 1. One of the Judges of election, in the presence of the election officers she ll. between the hours of 2 p.m. and 3 p.m., open the carrier, envelope'. RET RN SHEET 2. Announce each and every one of the elector's names and compare the signature upon the applications with the affidavits upon the ballot envelopes. 3.In the presence of watchers, if any open the ballot envelopes and take out the ballot wSthout permitting STATEMENT OF CANVASS FOR VOTING MACHINES same to be unfolded or examined. 4. Presiding officer shall endorse ballots, enter name of elector to poll list, number same and deposit in Absentee Ballot Box." ///���' 5. After all such absentee ballots have been deposited in �/�/y �Uing �such absentee ballot box, the officers of such election FOR THL/-��� ELECTION HELD IN PRECINCT N01�ATPieshall designate such of their number ae will not inter- fare with uninterrupted use of voting machines as if provided for in Section 107 of this Act. 6. Absentee voting and the count of absentee ballots to conducted as outlined under sub sec. 7 of Section 79 IN THE COUNTY OF /e� , STATE OF TEXAS, ONd�L/� and Section 107 Texas Election Laws. .1 PROPOSITION, OFFICERS OR NAMES Votes Cast on Machine No. z%�% e Votes Cast on Machine No. Votes Cast on Machine No. Votes east on Machine No. Votes Cast on Machine No. Votes Cast on Machine No. Votes Cast on Machine No. Votes Cast on Machine No. Votes Cast on Machine TOTAL A-/ 6� z� ix COMMISSION (Sec 3) 1. To be known as the City Commission of the City of La Porte. a. Members to be elected at large. b. 1rested with all powers of the city, to be exercised as prescribed by charter or ordinances. c. -Shall enact local legislation. d. Shall adopt budgets. e. Shall deterinine policies. f. Shall execute the laws. g. Shall administer the governr••ent of the city. ELECTION (Sec 12) 2. Members of the Commission shall hold their offices for a term of 2 years, and until successors have been elected and duly qualified.. 3. Cardidates for Commissioner receiving the highest number of qualified votes shall be declared elected, and there shall be no run-off election. 4. In event the election of a commissioner cannot be determined because of a tie vote, the City Commission shall call a special election within 30 days to detexmine the winner. 5. The 4 positions of the Commissiones on the City Commission shall be numbered 1, 2, 3 and,4, and. candidated for the City Commission shall be voted on and elected separately for positions on said Commission. 6. All candidates shali be designated on the official ballot according to the number of of such position to which they seek election. QUALIFICATIONS *Sec 13 ) 7. Each commissioner: a. Shall be at least 28 years of age. b. Shall be a resident citizen of the city and have qualifications of electors therein. c. Shall have owned real property in saidcity for a period of at least 1 year immediately prior to the date application is made for name to be placed on j:)allot. Page 2 Commission d. Shall not be indebteded to the city. e. Shall not hold any other public office. f. Shall not be interested in the profits of a.ny contracts, job, work or service for the city. fj. Shall not be interested in the sale to the city of any supplies, equipment, material or articles purchased. h. Shall not own stock in any public utility or public service corporation within the city. i. Shall not be in the mploy of any owner of stock in any public utility or public service corporation. j. Any officer or employee of the city who shall cease to possess any of the qualifications herein requiredshall forfeit his office or position and any contract in which any officer or employee shall or may become interested shall be declared void by the Commission. i; meENSATION ( Sec 14 ) 8. ;Sach Commissioner shall receive $5.00 per day for each regular meeting, and $3.00 per day for each special meeting, provided that any Commissioner shall not receive pay for more than 5 special meetings in any one month, or 9. In lieu of such per diem, the Commission may fix the salary to be received by the Commissioners not to eyceed the sum of $600.00 per year for each Commissioner. MEETINGS ( Sec 14 ) 10. The Commission shall hold at least one regular monthly meeting. 11. Two Commissioners (or the Mayor) may call as many special meetings as may be nec-essa:ry to attend to city business. VACANCIES (Sec 15) 12. A vacancy in the office of City Commissioner shall be filled by a qualified voter residing in the city and having the proper qualifications, appointed by a majority vote of -the :remaining members of the Commission. 13. When vacancies occur so that there is less than a majority remaining on the city Page 3 0 . Commission is Commission, then a special election shall be called by the remaining members of the city Commission within 45 days and all vacancies filled in the same manner as herein provided. for General Elections; provided, however, if such vacancies occur within 90 days of a General Election, then no special election shall be called. PLWERS ( Sec 16 ) 14. All powers of the City and the determination of all matters of policy shall be vested in the Cortunission. 15. The Commission shall execute the laws and administer the government of the city. 16. Without limitation of the foregoing and among the other pavers that may be exercised by the Commission, the following arehereby enumerated for greater certainty: 8. Establish administrative departments and distribute the work of divisions. b. Adopt budget of the city. c. Authorize the issuance of bonds by a bond ordingnce. d.. Inquire into the conduct of any officer, department or agency of the city and make+ investigations as to municipal affairs and. authorized the correction of irregularities. e. Appoint the members of the Planning Commission. f. Appoint members of the zoning board of appeals. g. Adopt plats. h. Adopt and. modify the official map of the city. J. Adopt, modify, andcarry out plans proposed by the .Planning Commission for the clearance of slum districts and rehabilitation of blighted areas. j . Adapt, modify and carry out plans proposed by the paanning commission fort he replanning, improvement and redevelopment of ne4.ghborhoods and for the replanning, re- c,)n:struc:tion or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. k. Provide for the establishment and designation of fire limits and to prescrilp the kind and character of buildings or structures or improvements to be errected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangeraius structures or buildings or dila-idated buildings 4, Commission • or buildings calculated to increase the fire hazard, and. the manner of their removal or destruction. 17 INDUCTION CF COrkIISSION INTO OFFICE iv,EETING a CF C01�WIISSION ( Sec 21) 17. On the first Tuesday next following the regular mm municipal election held on -the 4th Tuesday of April, or as soon thereafter as practicable, theCommission shall meet at the usual place for holding meetings, and the newly -elected members shall qualify and assume the duties of office. 18. At such meeting the Commission shall select one of its members to serve as Mayor Paco Ten, and he shall perform all the duties of the Mayor in his absence or disability. 19. Thereafter, the Commission shall meet regularly at such times as may be ,-rescribed by its rules but not less frequently than once each month. 20. All meetings of the Commission shall be open to the public. 21. Special meetings shall be called by the City Clerk upon request of the Mayor, or two Commissioners. CObtaSSION TO BE JUDGE CF QUALIFICATIONS CF ITS M6RBERS (SEC 22 ) 22. The q'ommission shall be the judge of the election and qualifications of its members and for such purposes shall have power to subpoena qitnesses and require the production of records, but the decision of the Commission in any such case shall be subject to review by the courts. RULES OF IROCEEDINGS; JOURNAL (Sec 23) 23. The Commission shall determine its own rules and. order of business. 24. It shall keep a journal of its proceedings and the journal shall be open to public inspection. ORDINANCES (SEC 24) 25. In addition to such acts of the Commission as are required by statute or by this charter to be by ordinance, every act of the Commission establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. 26. The Commission shall have power to inquire into the conduct of any office) • 0 5, (:ommi.ssion department, agency, or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence as ordered under the provisions of this section of the charter shall constitute a misd.eameanor and shall be punishable by a fine? not: to exceed mm $100.00. ( Sec 26 ) 27. Prior to the end of each fiscal year, the Commission shall designate a •)racticing public accountant, who is licensed by the State of Texas, to make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit a report to the Commission. (Sec27) 28. Notice shall be given by publication in the official newspaper in the city of La Porte. that the annual audit is on f ile at the city hall for inspection. (16" z -7) 29. The Commission shall determine the place ami time of the public hearing on the budget at the meeting at which the budget and budget message are submitted. (Sec 36) 30. The Commission shall cause to be published a notice of the place and time, not lest; than I days after date of publication, at which the Commission will hold a public hearing on the budget. (Sec 36) MYOR Sec 12 1. A Mayor shall be elected on the 4th Tuesday in April, every 2 years. 2. The candidate for Mayor receiving the highest number of qualified votes shall be declared elected and there shall be no run-off election. 3. In the event the election of a Mayor cannot be determined because of a tie vote, the City Commission shall call a special election within 30 days to determine the winner between the candidates receiving such tie vote and the candidate receiving the highest number of qualified votes in such special election shall be declared elected. QUAL1XICATIONS Wee 13 ) 4. The Mayor: a. Shall be at least 28 years of age. b. Shall be a resident citizen of the City of La Porte and have qualifications of electors therein. c. Shall have owned real ppeperty in said city for a period of at least 1 year immediately prior to the date application is made for his name to be placed on the ballot. d. Shall not be indebted to the city. e. Shall not hold any other public office. f. ft 11 not be interested in the profits of any contracts, job, work or service for the city, nor interested in the sale to the city of any spar)lies, equipment materials or articles purchased. g. Shall not be the owner of stock in any public utility or public service corporation within the city. h. Shall not be in the mploy of any owner of stock in the public utility or public service corporation. J. If he shall cease to possess any of the qualifications herein required, lee G shall forfeit his office and any contract in which he shall or may become interested shall be declared void by the Commission. • 0 2, Mayor. COMPENSATION (Sec 14) 5. 5. The Mayor shall receive for his nnalutam a service, $5.00 per day for each regular meeting, and $3.00 per day for each special meeting, provided that he shall not receive pay for more than 5 special meetings in any one month, or 6. In lieu of such per da&m the Commission may fix his salary not to exceed the sum of $1200.00 per year. MEETINGS (Sec 14) 7. The Uommission shall hold at least one regular monthly meeting. B. The Mayor (or two Commissioners) may call as many special meetings as may be necessary to attend to city business. PRESIDING OFFICER (Sec 14-A) 9. The Mayor shall preside at meetings of the Commission. 10 .He shall be entitled to vote upon all matters considered. by the Commission. 11. tie shall exercise such other powers and. perform such other duties as are or may be conferred and imposed upon him by the Charter and Ordinances of the city. 12. He shall be recognized as the head of the city government for all ceremoniaL purposes, by the courts for civil process and by the government for purposes of military law. 13. to times of public danger or emergency the Mayor shall take command of th police, maintain order and enforce the law. 14. If a vacancy occurs in the office of Mayor, or in the case of his absence or disability, the Mayor Pro Ten shall act as Mayor until a successor is electel or appointed and has qualified. VAUANUY (See 15 ) 15. A vacancy in the office of the Mayor shall be filled. by a qualified voter J-1 residing in the city and having the proper qualifications, appointed. by a majority vote of the remaining members of the Commission, provided. that a City Commissioner may be appointed to the office of Mayor by the majority vote of all the other commissioners • 3 or 0 16. The Mayor, at least 45 days prior to the beginning of each budget year, shall submit to the Commission a proposed budget and an explanatory budget message in the form and with the contents provided by Sections 43 and 45 of the Charter. (Sec 34) 17. For such purpose, at such date as he shall determine, he, or an officer designated by him, shall obtain from the head of each office, department or agency estimates of revenue andexpenditures of that office, department, or agency detailed by organisation units and character and object of expenditure, and. such other supporting data as'."Le may request. (Sec 34) 18. In preparing the budget, the Mayor shall review the estimates; shall hold hearings thereon and may revise the estimates, as he may deem advisable. (Sec 34) 19. The Mayor shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons. The budget and budget messac;e arid all supporting schedules shall be a public record in the office of the city clerk, open to public inspection by anyone. (Sec 35) • 0 DE?ARTFENTS AND DEPARTMENT HEADS Sec 17 & 18 1. Rights of Department Heads. The heads of all departments (and such other officers of the city) shall be entitled to attend meetings of the Commission, but shall have no vote therein. 2. They shall have the right to take part in the discussion of all matters coming before the Commission. 3. The Directors and other officers shall be entitled to take part in all discussions of the Commission relating to their respective offices, departments, or agencies. 4. There are hereby created the following administrative departments: Finance, Police, Fire, Law, Public Works, Health, Recreation, and Water. 5. The Commission may, if it deems it advisable, consolidate into one department, the Public Works, Health, Recreation and Water Departments, or make other consolidation of such departments as it may deem advisable. 6. The Commission by Ordinance may create, change, or abolish, departments, or agencies ether than the offices, departments arc, agencies established by the Cnarter. CITY CLERK (Sec 19) 7. The Commission shall appoint a competent person to be clerk of the city. 8. The City Clerk (or other officers and employees of the city): a. Shall not be indebteded to the city. b. Shall not hold any other public office. c. Shall not be interested in the profits of any contracts, job, work or service for the ckty. d. Shall not be interested in the sale to the city of any supplies, ecruipment, material or articles purchased. e. Shall not be the owner of any stock in any public utility or public! service corporation within the city.00i f. Shall not be in the employ of any owner of stock in any public utility or public service corporation. g. Any officer or employee of the city who shall cease to possess any of the qualifications herein required shall forfeit his office or position, and any contract u 0 2. Denartments and Department Heads. in which any officer or employee shall or may become interested shall be declared void by the Commission. 9. The City Clerk shall give notices of Commission meetings, (Sec 19), and. shall call special meetings of the Commission upon request of the Mayor or two CoamiRRionero 10. He shall keep the journal of its proceedings. (Sec 21) 11. He shall authenticate by his signature and record in full, in a book kept for thepurposes, all ordinances and resolutions, x�i� 12. He shall perform such other duties as may be assigned to him by the Commission. 13. The Commission may by ordinance assign all the duties of Director of Finance, and/or all the duties of assessor and collector of taxes of the city to the city clerk. The budget aid budget message and all supporting schedules shall be a public record in the office of the City Clerk open to public inspection (Sec 35) 14. The City Clerk of his deputy shall be clerk of the corporation court. 15. The clerk of the said court ard. his deputies shall have the power to administer oaths and affidavits, make certificates, affix the seals of said court thereto, and generally do and perform any and all acts usual and necessary by clerks of courts and conducting the business thereof. (Sec 20) REC(12DER (See 20 ) 16. The City Recbrd.er shall be appointed by the Commission t& serve for a period of 2 years. 17. He shall receive such salary as may be fixed by the Commission f rom time to time. 18. The Recorder shall be judge of the corporation court which shall have the jurisdiction and shall be conducted. in the manner prescribed and authorized by law. 19. All costs and. fines imposed by the corporation court, or by any court in any cases appealed from judgments of the corporation court, shall be paid into the city treasury for the use and benefit of the city. 20. At the head of each administrative department there shall be a director, vrho shall be an officer of the city, and shall have supervision and control of the depart- ments subject to the Commission. (Sec 28) 21. Two or more departments may be headed by the same individual, and directors of departments may also serve as chiefs of divisions. (See 28 ) 3, Departments and Depart & Heads. 22. The work of each administrative department may be distributed among a ch divisions thereof as may be established by ordinance. (Sec 29) D EPAR 9MENT OF LAW 23. There shall be a department of law, the head of which shall be the city attorney. (Sec 30) 24. The City Attorney shall be appointed by the Mayor and approved by the Commission. (See 3 0 ) 25. He shall be a qualified attorney -at -law who is licensed to practice in the State of Texas and meeting the qualifications as set out in Article 1003, of the revised civil statutes of the State of Texas. (Sec 31) 26. The City Attorney shall be the chief legal advisor of the Commission, of a.11 offices, departments and agencies and of all officers and employees in matters relating to their official powers and duties. (Sec 32) 27. He shall represent the city in all legal proceedings. 28. It shall be his duty to perform all services incident to his position as may be required by statute, by the Charter or by Ordinance. DEPARTFENT OF FINANCE ( 29. There shall be a department of finance, the head of which shall be appointed by the Commission. (Sec 57) 30. The City Clerk may by ordinance be appointed the Director of Finance. (Sec: 57) 31. The director of finance shall have knowledge of municipal accounting and. taxation and shall have had experiences in budgeting and financial control, and accounting. ( Sec 58 ) 32. The Director of finance shall provide a bond with such surety and in sc..ch amount as the Commission may require except that such bond. shall be in an amount cf not less than $5,000.00. (Sec 59) 33. The Director of Finance shall have charge of the administration of the financial affairs of the city. (Sec 60) 4, Department and Department Heads. 34. He shall have the authority and shall be required. to: (Sec 60) a. Compile the estimates of revenues and. expenditure for the budget as directed by the Mayor. b. Supervise and be responsible for the disbursement of all moneys ani. here control over all expenditures to ensure that budget appropriations are not exceeded. c. Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetry control over each office, department ai:1 agency; keep separate accounts for the items of appropria- tionsi contained in the budget, each of which accounts shall show the amount of Eae appropriation, the amounts paid therefrom, the unpaid. obligations against it and the un- encumbered balance, require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as he may deem expedient. d. Submit to the Commission a monthly statenent of all receipts and daisburse- meets in sufficient detail to show the exact financial conditions of the city. and report. e. Prepare, as of the end of each f iscal year, a complete financial statement f. 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 government, prepare tax maps and give such notice of taxes and special assessments as may be required by law. g. Collect 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, fir from any court, or from any office, department or agency of the city. h. Serve as ex officio city treasurer and shall have custody of all public funds belonging to or under the control of the city, or any office, department or agency of the city government, and deposit all funds coming into his hands in such depositories as may be designated by resolution of the Commission, or if no resolution be adopted, by the Mayor, subject to the requirements of law as to surety and. thepaymennt of interest on 5 Department and Department Hands. deposits, but all such interest shall be the property of the COY and shall be accounted for and credited to the proper account. i. Have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity, and have the safe-keepim.r of all bonds and notes of the city and the receipt and delivery of city bonds and noises for transfer, registration or exchange. j .roan d ay Supervise and be responsible for the purchase, storac;e and distribution of all supplies, materials, equipment and other articles used by any off:_ce, department or agency of the city government. k. Approve all proposed expenditures; unless he shall certify that there is an unencumbered bikkance of appropriation and available funds, no appropriation shall be en- cumbered and no expenditure shall be made. 35. The director of finance may at any time with the approval of the Commission "ransfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. (Sec 61) 36. At the request of the director of finance, dnd. within the last three months of the budget year, the Commission. may by resolution transfer any unencumbered appropriation balance or portion thereof from one office department or a gency to another. ( Sec 61) 37. The director of finance shall have power and shall be required to: (Sec 62) (1) Prescribe the forts of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government. (2) Examine and approve all contracts, orders and other documents by which the city government incurs financial obligations, having previously ascertained that moneys have been appropriated and allotted and.will be available when the obligations shall become due and payable. (3) Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government and with the advice of the city attorney determine the regularity, legality and correctness of such claims, demands or charges. ( (4) Inspect and audit anyaccounts or records of financial transactions which may be maintained in any office, department or agency of the c ity government apaa-t f ran 6, Department and Department WS. or subsidiary to the accounts kept in his office. 38. Division of purchases (Sec 65) purchases. a. There shall be established in the department of finance, a division of b. The division of purchases, pursuant to rules and regulations established by ordinance, sh411 contract for purchase, store and distribute all supplies, materials and equipment required by anyyoffice, department or agency of the city government:. c. The division of purchases shall also have power and shall be recRtirk', to: (1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government. (2) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity, and conformance with spec if is at ions . (3) Have charge of such general storerooms and warehouses as the Commission may provide by ordinance. (4) Transfer to or between offices, departments or agencies, or with the approval of the Commission sell surplus, obsolete, or unused supplies, material and equipment. 39. The director of finance shall have authority to make expenditures without the approval of the Commission for all budgeted items not exceeding $100.00. (Sec 67) 40. No contract or order shall be issued to any vendor unless and until the director of finance certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. (Sec 690 41. All checks, vouchers or warrants for the withdrawal of money from the city depository shall be signed by the city treasurer, or his deputy, and countersignei by the Mayor. In the absence of the Mayor, checks may be countersigned by the Mayor Pro Tea. (Sec 70) 42. Tax Administration. There shall be established in the department of finance a division of taxation, the head. of which shall be the city assessor and collector of taxes. (74) 43. The assessor -collector shall give a surety bond for the faithful performance of his 7, Department and $epartment Ws. of 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 Commission. (Sec 74) 44. Each person, partnership and corporation owning property within the limits of the City of La Porte, shall between the first day of January and the thirtieth day of March of each year, hand to the city assessor -collector a full and complete sworn inventory of the property possessed. or controlled by him, her or them within said limits on the f irst day of January of the current year. 45. In all cases of failure to obtain a statement of real and personal property from any cause, the assessor -collector shall ascertain the amount and value of such piroperty and assess the same as he believes to be true and full value thereof; and such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. (75 ) 46. The tax assessor -collector shall be ex-officio secretary of the Equalization Board.(76 47. All taxes due the City of La Porte shall be payable at the office of the city 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 1. (Sec 80) 48. The assessor -collector of taxes shall by virtue of his tax rolls have power and authority to seize and levy upon all personal property and sell the same to satisfy all taxes, together with all penalty, interest and costs due on said personal property by said delinquent to the city. (Sec 81) 49. When the assessor -collector seizes personal property for such puposes he sha.11 keep. the same at the expense of the owner until the sale is made, andshall give notice of the time and place of sale of same by posting a written notice at the city hall door and one at another public place with the City of La Porte at least ten days before the date of sale. (81) 50. The tax assessor -collector shall sell the same to the highest bidder for case for all taxes, interest, cost and expense of caring for said property, and shall make an entry in the book of sales of the amount for taxes, cost and expenses refunding surplus to skid delinquent. All such sales shall be made at the front door of the city hall. A sale of personal property for delinquent taxes shall convey with it an absolute title subject to the right of the delinquent to redeem the same within ten days from the dateof said sale. (81) 8, Department and Department Ws. 0 51. Filing, examination and certification of petitions on Initiative, Referendum and Recall. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. (92) 52. Within 20 days after a petition is filed, the city clerk shall determine whether each paper of the petition has a proper stat6mtn of the circulator and whether the petition is signed by a sufficient number of qualified electors. (92) 53. The city clerk shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. (92) 54. After completing his examination of thepetition, the city clerk shall certify the result thereof to the Commission at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings. (92) 55. Amendment of Petitions. An initiative or referendum petition may be amended at any time within 10 days after the notification of insufficiency has been sent by the city -clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. x�ixxx�$t�xs#� �i~iGe � 56. The city clerk shall, within five days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and- notify the committee of the petitioners of his findings and no further action shall be had on such insufficient petition. . r .. 4 {; MINUTES • - REGULAR MEET I NO * . OF THE CHARTER COMMITTEE, LA MRTE, TEXAS June'27, 1968 7:30 P.M. MEMBERS OF THE COMMITTEE PRESENT:. Russell Shepherd, Jack Smith, Robert White, Tommy Moser, W. A. Stabs, Jr., and Jack Lawler. MEMBERS OF THE COMMITTEE ABSENT: L. R. Rigby. _OTHERS PRESENT: ' Mayor H. P. Pfeiffer, Commissioner Charles'0. Boyle, Commissioner H. Gould Crofoot, and City Clerk Marilyn Kelley. PRESIDING: Mayor Pfeiffer. 1. Mayor Pfeiffer stated that the City Commission feels that the City Charter needs revising, and they appointed the Charter Commission to study in detail, and make recommendations for possible amendmerrts. 2. Mr. Russell Shepherd was elected to serve aSthe Chairman of the Commission. + + + • 3. The Commission felt that they should meet each week, until they have completed the study. The next meeting will be on Wednesday, July 10, at 7:30 P.M.. THERE BEING NO FURTHER BUSINESS AT HAND, THE MEETING WAS ADJOURNED. Mrs. Marilyn Kelley City Clerk MINUTES.- REGULAR MEETING OF THE CHARTER COMMISSION, LA FORTE, TEXAS J u i_y I o . , 1968 7: 30 P. M. MEMBERS OF THE COI,;MISSION PRESENT: Chairman Russell Shepherd, Jack Smith, Robert White, W. A. Stabs, Jr., and Jack Lawler. MEMBERS OF THE COMMISSION ABSENT: L. R. Rigby and Tommy Moser. OTHERS PRESENT: City Attorney Knox W. Askins. PRESIDING: Chairman Shepherd. 1. Chairman Shepherd opened the meeting by stating that the Charter Commission is only an advisory committee to the City Commission. It was suggested that the first, or at least early in the work of the Commission, a decision should be made about the City Manager position. 2. Motions were made and carried, that the following amendment changes be recommended: The City Election date should be changed to the first Saturday in April to conform to the date set by -General .Laws for Non -Home Rule.Cities. (Sections 12 and 83 may each be affected.) The fiscal year be October 1 thru September 30 of each year. Sections 9 and 10 be revised to comply with State Statutes relative to annexation. 3. The City Attorney way requested to advise the Commission on the State Law relating to Section 13, and Section 85. He was also requested to advise the Commission of the legal requirements for holding run-off elections. 4. The Commission will study requirements for extending mains into new developments. THERE !'BEING NO FURTHER BUSINESS AT HAND, THE MEETING WAS ADJOURNED. Russell Shepherd Chairman Jack Smith Acting Secretary MINUTES - REGULAR MEETING OF THE CHARTER COMMISSION, LA PORTE, TEXAS July 17, 1968 7:30 P.N.. MEMBERS OF THE COMMISSION PRESENT: Chairman Russell.Shepherd, Jack Smith, Tommy Moser, W. A. Stabs, Jack Lawler, and L. R. Rigby. MEMBERS OF THE COMMISSION ABSENT: Robert White. OTHERS PRESENT: City Attorney Knox W. Askins. PRESIDING; Chairman Shepherd. % The minutes of the meetings of June 27, 1968 and July 10, 1968 were approved as read. + + + ?. A motion was made by Jack Lawler and seconded by W. A. Stabs, that Mr. Askins be requested to present a written recommendation to the Committee, providing for run-off elections where necessary. Motion carried. 3,. Discussion centered on the City Manager position. The Committee has members who favor a Manager type of operation, and a majority who favor retaining the Mayor -Commission form, with the City Clerk. Mr. Stabs moved that the Charter Committee feels that a City Manager type of government would not be sutiable for La Porte at this time. The motion was seconded by Mr. Rigby. Upon a request for a roll call vote, Mr. Rigby, Mr. Shepherd, Mr. Stabs, and Mr. Lawler voted "for", with Mr.. Moser and Mr. Smith voting "no". Motion carried. 4. The Committee discussed changing the charter to provide that numbered positions be assigned to responsibilities such as Police and Fire, Water and Sc!wer, etc. The Committee took no action on this matter. It was pointed out that the present system is working satisfactorily. 5. Section 13 as it pertains to the minimum age to qualify'. as a Mayor or Commissioner, was discussed. Mr. Smith moved, Mr. Stabs seconded, that the minimum age be changed from 28 to 21 in our recommendations. Motion carried. 6. Mr. Stabs moved, and Mr. Lawler seconded, that the maximum compensation of the Mayor be set at 12,400. per year and $1,200. per year for the Commissioners. Motion carried. 7. Sections 28 thru•82 will be reviewed at the next meeting, to be held on July 24. Upon motion by Mr. Stabs, seconded by Mr. Rigby, the meeting was adjourned. Russell Shephred Chairman Jack Smith Secretary MINUTES - REGULAR MEETING OF THE CHARTER COMMISSION, LA PORTE, TEXAS July 24, 1968 7:30 P.M. MEMBERS OF THE COMMISSION PRESENT: Chairman Shepherd, Jack Smith, Tommy Moser, W. A. Stabs, Jack Lawler, and .Robert White. MEMBERS OF THE COMMISSION ABSENT: L. R. Rigby. OTHERS PRESENT: City Attorney Knox Askins. PRESIDING: Chairman Shepherd. 1. The City fiscal agent is preparing a recommendation t.o replace Article V1, concuring with State laws. 2. Mr. Smith rpoved that the re -wording of the following sections, as revised by Mr. Askins, be approved: Sections 12, 13, 14, 21, 83, 33, and that the last "thr" in Section 21, be deleted. Mr. Stabs seconded the motion, and it carried. + + + 3. The minutes of July 17, 1968 were read and approved. There being no further business at hand, the meeting was adjourned. Russell Shepherd Chairman Jack Smith Secretary MINUTES - REGULAR MEETING OF THE CHARTER COMMISSION, LA FORTE, TEXAS August 21, 1968 7: 30 P. M. MEMBERS OF THE COMMISSION FRESENT: Chairman Shepherd, Tommy Moser, W. A. Stabs, Jr., Jack Lawler, and Robert White. MEMBERS OF THE COMMISSION ABSENT: L. R. Rigby and Jack Smith. OTHERS PRESENT: City Attorney Knox Askins. PRESIDING: Chairman Shepherd. ;�. The minutes of the meeting held on July 24, 1968 were read and approved as read. 2. Mr. Lawler moved, seconded by Mr. Stabs, that the second sentence of Article X11, Section 119 be deleted. Motion carried. 3„ Mr. Moser moved and Mr. White seconded,' that the suggested revisions of Chapter V1 be approved as submitted. (See Exhibit No. 1). Motion carried. 4. City.Attorney Askins will draft a proposed report to the City Commission coverting the work of the Charter Committee. Copies will be sent to each member for agreement or revision, .before presenting it to the Commission. Russell Shepherd Chairman Robert White Acting Secretary 0 0 j 'y•f tR'• Il 1 , AN ORDINANCE PROVIDING' FOR AN ELECTION TO BE RK& ABA. 1954 FIR THE 9LEC— i Ten OF TIE CITY OF LA PORT£, TEXAS, TO ACCEPT 01;• RE,JiiCt�RSF.M f1iEMD1$ S �® THE CITY CHARTER OF SAID CITY PROVIDING FOR A CITY 0011MISS10 CKPOSED OF A � 1U1YOR AND FOUR (4) COMMISSIONERS; PROVIDING FOR DECLUING TIB !WO (2) CANDIDATES! k Fia COMMISSIONER SECEIYING THE THIRD AND F09RTB HIGMRST NINKIL OF 4VALIFIEDVOTE 1 Al A REGU LAR CITY ELECTION ON APRIL 22, 1958, TO BE DECLARED ELECTED; PROVIDING . TEAT THE FOUR. (4) POSITIONS OF THE COMMISSIONERS ON. THE CITY COMMISSION SHALL 13E� _NUMBERED ONE (1), TWO (2), THK EE (3) AND FOBR (4) AND TgBl►WIER THAT THE C►NDI-1 t DATES FOR CITY COMMISSION SHALL BE VOTED ON AND ELECTED SEPARATELY FOR POSITIONS ;ON SAID CITY COMMISSION AND THAT ALL CANDIDATES SHALL BE DESIGNATED ON THE OFFI— iCIAL BALLOT ACCORDING TO THE NUMBER OF SUCH POSITIONS T8 WHICH THEY SEE[ ELEC— TION', PROVIDING THAT VACANCIES ON THE CITY COMMISSION SHALL BE FILLED AT APPOINT NiNT OF THE MAJORITY VOTE OF THE REMAINING MEMBERS -OF THE COMMISSION AND PROYIDI 6 T11AT A CITY COMMISSIONER.; MAT BE APPOINTED TO THE OFFICE OF MAYOR BY THE MAJORITY ,:VOTE OF ALL OF THE OTHER..COMMISSIONERS. "BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS, THAT: S'ectio■ 1. An election shall be hold ia'aad throughout the City 'Of t 4L-a Porte, Harris County, ?-exas, on the 22d day of Apfil, 1958, at which election! . there shall be submitted to the resident qualified electors of the City of La I Porte, for their acceptance or.rejection of the fallowing amendments to the Bone !.Rule Charter of the City "of La Porte, Texas, to --wit: - 1 AMENDMENT NO: l �I � Art-icle I, Section 3, of tha'Home"Rale'.Ckarter of the City of La }'Porte, Texas, shall be amended so that the same shall bereaiter read as follows.:' „ of -Government: The governing body of the City of Section 3. Form of� Gover g 9 y 4 'La Porte sball be a Commission composed of the Mayor and four (4) Commissioners,l to be (crown as the City Commission of the City of La Porte. The members of the ,'City Comnissiom*sha,ll be elected from the City of La Porte at large in the manki ;prescribed elsewhere in tkis Charter. As kereinatter.nsed in the Charter, the 'words City Commission shall be construed to mean b Mayor and'four (4) Commis'sioi Viers. Pursuant to its provisions and subject only to the limitations imposed by 1� �tbe State Constitution and by this Charter, all powers of the City shall be ves +:in the elected City Commission, which sball enact local legislation, adopt bad- 4 gets, i'bterniMe policies and execute the laws and administer the government of ,ythe City. All powers of the City shall be exercised in the manner prescribed b, "thts CRsyter or if the manger be not prescribed then in sac6 manner as na-y be presciDed-by ordinance." AMP.iiMi{1iMT 'M8. � ,r Article II,. Section 12, of the >lsre isle gk4rtdr of the City of La �forte, Texas, shall be m3faded so that the same shall hereafter read as f®flows:+ "Section 12. City Commission} Aumbe•r, $election, Tern: The mem bers ,Of the City Commission of the City of La Porte shall hold their Offices for a ;te.rm of two (2) years, and matil their successors have been d ected aad duly qua—! li:fied. 4 After the regular City Election to be held on the fourth Tuesday. in ; P ;ApIril, 1958, the City Commission shall be con aa composed of a Mayor d fear (4) Cos— mi►sioaerr and thereafter a Mayor aad four (4) Commissioners shall be elec+led . 'on the fourth Tuesday p Y in April, ever two (2) years. At the first regular meet-j i imc� of the City Commission after the votes have been canvassed and the results ;of the regular City Election on the fourth Tuesday in April, 1958, have been de—` ;cltired, the two (2) candidates forthe office of Commissioner receiving the thiry .ant, fourth highest member of qualified votes at sack election shall be declared } elected aid shall serve as Commissioners, open qualifying as required by law. ,jIf, at the said election oa•the fourth Tuesday in April. 1958, there are less 4) candidates for the office,oi y Commissioner, them after the re—? ; than four ( Cit. salts of such election have been declared, the City Commission shall fill the `vacancy or vacancies, as the case may be, by appointisg•a qualified voter or voters residing in the City and having the proper gaalificatioms. Thereafter, ,in the election of the Commissioners, the four (4) candidates. receiving the high; ti eat timber of qualified votes shall be declared elected, and there shall be no 'ran —off elections; is the election of a Mayor, the candidate receiving the high—� F: ,lest number of qualified votes shall be declared elected and there shall be no `ram —off elections. In the event the electi.ou'of a payer or a Commissioner camnol ..be determined because of a tie�vute, the.City Commission shall call a Special 'I Election within thirty (30) days to determine the winner between the candidates reteivily such tie vote and tpe candidate receiving the highest member of quali— �i 1fied votes is such Special Election shall be declared elected. The four (4) pos tlOss Of the Commissioners ON the City Commission sha11 be membered One (1), Two g(2), Three (3) and Four (4), and at the first regular meeting of the Ctty Commis Isles liter the ro$vlts of the regular City Elec4iom 06 the fourth Tuesday it }1 oar d) Ci:ssiesera. el"ted or appb.i1tedt Iipril., 1958, Lave been dttla.red, t.be f ( ' ::9s mho case may be, shall determine by lot the 1104r !i the pititiea of ©aeh ' dent elections all eaYdidates for City Com®i:sionem ! ! �� i:osmiissionar. Iu .all sabseq ;shall be voted on and elected separately for positions on said City Commission ,ad all candidates shall be designated on the official ballot according to the .;.Rambler of sack positions to which they seek election." AMENDMENT NO. 3. s Article II, Seetio.0 15, of the Home Rule Charter of the City of La Texas shall be amended so that. the same shall hereafter read as fallo�rs:1 Porte, , "Section 15. Vacancies in City Commission: A vacancy•ia the Office i of City Commissioner shall be filled by,a gaalified.voter residing in the City and haviu the proper gnalificatioes, appointed by a majority vote Of -the remain# tag members of the Commission. A vacancy is the office of the Mayor shall be filled by a qualified voter residing is the City and having the proper qualiflt 4l •itioas, app oisted by a majority vote of the.remalsing members of the Cosmission, i "provided that a City Commissioner may be appointed to. the office of Mayor by the `majority vote of all the other Commissioners. when vacancies occar so that they -is less than a majority remaining on tfi'e,City Commission, then a Special Electiot ;shall be called by the reselaiag members of the City Commission ■ithin.forty— ;five (45) days and all vacancies tilled is the same mano:er as herein 'provided ,`for General Elections; provided, horever, it -sack vacancies occur *it big ninety Ij (90)� days Of a General Election, than no Special Election shall be called." t Seetiori 2. Said election shall be coeducted and bold at the City Hall. is ltke City of La Porte, Harris County, Texas, (all of said City being iscloded ?pia 1edo (l) election precinct) and the following named persons are hereby.appoin— ted officers to conduct said election: Judge — Mrs. N. M. Ralston AssiStaat Judge — Mrs. Otis Harrison Mrs. Calvin Com ton Clerk Mrs. J. M. Hi •'ins Clert fi Mrs. Rex Baker Clerk �: �, .:...... ':...•w�l'i#:..:L: Ap... ...a, • +. p.4.a-.rs+tiM1 . fir." . . L4.wii�iNY.:�,•�•°�m ;�N-.: J n q1 1 Section 3. Said eleetien stall be Uld is no#"unda with the pro 'vi;sious of tho Constitution and the laws of th6 dt•ite of Texas .0d only duly gaC, �l.lfied resident electors of the City of Le Porte, lltiris CoaMty, Taus, shall bel �ga;ilified to vote at such electiOB- il Section 4. The ballot for said election shall confirm to Chapters 6 and 7 of.the Election Code of the State of Texas, Acts of the 52ud Legislators, ;;page 1095, Chapter 492, 1951 (Vernon's Annotated Texas Statutes, Election Code, 'IrIticle 6.01 through 6.10 aad 7.14 through 7.17), as far as applicable. i Ve'tiaq.machines shall be used at said election, and the ballots for sa:ld election shall have written or printed thereon the following: OFFICIAL BALLOT AMENDMENT NO. 1 i FOR aseadiag Article I, Section 3, of the Rome Role Charter of the ,City of L a Porte, to provide that the governing body of the City shall be a -ICoits is.s10a composed of the Mayor and four (4). Commissioners. ; AGAINST amending Article I, Section 3, of the Home Rule Charter of the City of Le Porte, to provide that the governing body of the City shell be ja fommiss.ioo composed of the Mayor and four (4) Coumissioners. AMENDMENT NO. 2 . t FOR ameadiag'Article I1, Section 12, of the Home Rale Charter of the f City of La Porte,. to provide that after the regular election on the fourth Ties—! da;( is April, 1958, the City Commission shall be composed of a Mayor aid four J 4) Commissioners; that the two (2) candidates for the office of City Commission :or receiving the third and fourth highest namber of qualified votes at such aloe '':tion shall be declared elected and providing that the four (4) positions eu the 'Cil:y Commission shall be membered One (1), Two (2), Three (3) and Four '(4) and lot all subsequent elections all candidates for City Commissioner shall be voted i ;Ion and elected separately for positions on said City Commission. AGAINST amending Article 11, Section 12, of the Home Role Charter of itbi! City of Lo Porto_, to provide that after the regular election on the fourth 1"Tuesday is April, 1450, the City Commi>rsien shall M4 cem hind at a mayor and yfour (4) Connissieners; that the two (2) casdidaius for -tie atffieq of City Coo- c ':m:lssloaer receiving the third and fourth highest aaaaher of gaali#ied votes at ;such election shall 6e declared elected and providiaq that the fear (4) position' t?oil the City Commissiou shall be numbered Ole (1), Two (2), Three (3) and Four � t ';('i) aid at all srbsegoent elections all candidates for City Commissioner stall ;be voted on and elected separately for positloss on said City Commission. ! AMENDMENT NO. 3 FU amending Article II, Section 15, of the Home Role Charter of the t • C City of La Porte, to provide that vacancies oa the' -City Commission shalt be f filled by appointmest by a majority vote of the remaining members a -ad providing .that a City Commissioner may be'appointed to the office of Mayor by a majority vote of all of the other Commissioners. j a • a AGAINST amending Article II, Section 15, of the Rome Kale Charter of ';the City of La Porte, to provide that vacancies o■•the City Commission shall be -filled by appointmeat*by a majority vote of.tbe remaining members and providing i :that a City Commissios'er may be appointed to the office of Mayor by a majority vote of all of. the other Commissioners. ,Each voter shall place as "X" or plus sign or cause to be platted an "X" or plus ;sign, or any other mark that clearly shows his intention, in the square by the `amendment to he entered as his vote on slick amendment. Section 5. Notice of said election shall be gives by posting a copy ?of the notice containing a substantial copy of the Ordinance at the City Hall la .Ithe City of La Porte, Texas, mind by pabiication thereof, at least ale (1) time ;:in the Le Porte Liberal, the official newspaper of the said City of La Porte, 4ihe lade being a newspaper published in the English language and of general cir- pcolatietA within the said City of La Porte, and further that, not less than thirt 4(30) days Prior to sack election, the City Clerk of said City shall mail a copy H of the .proped4d aaaeadnests to every gYallfia;d voter in the City of LaPorte, _. .��.y _ _ iA1�►dylliq�N�=�RY,�r�+'r ?iti :'.ifs � .. .�y:. ..ar .. � � '. - - "-.. A-A'':.li.i�dlEl�i���'�^�:W `� Teuas, as appears from the Tax ",olleetor's rolls for t!e yeay eIeAtSeg I.®Mary 31, t 1958. S 1 Passed and approved this the - 28tb day of Febroary, 1950' r i • � r' , l if ��- �+ _ , A.�.i•i H. P. Pfeiffer, pyor —tom S City of LaPorte, Te s f ITT EST -Pfaak G. Baker, City Clark i • i Y I r . ,i ;i a e._ •,�. _ _ _ ..ii.e,':+i,-firaa��erw�, ...� ,. «, e ; ' ' �� .. �:e,«.� w�erlis�l6i�i r wr . '.r .,� •• .`y r ��, li :�.cfLLi Y .✓.-i �� ate. .yri.;i•:. ?'•fy ��y •�,, +� .t •�� Fif�. .•4 t r .s. sn, r !� + �•�i` �Lv,S ,"�wR..f,f� w..r y; wt. `` roFir _ t. 4. •• r Rl' . l �. iL: V .�'..a NOTICE OF BLECTIO TO AM1l1x1D 11M Off 0AMU � OF M CITY OF LA FORTE, MUS To the duly qualified resident electors of the City of 1'a Porto, Texas, and to all other interested persons: Notice Is -hereby gives that as election will be held in and throagbewt the City of La Porte, Texas, oil the L2. April, 1958, in accordance with the following Ordinance, passed aid approv . ty Commission of the City of La Porte, Texas, to —wit: ORDINANCE CALLING ELECTION TO AMEND THE CITY CHARTER STATE; OF TEXAS . i YNTY OF H,IRRIS fY OF LA PORTE f On this, the 28th day of February, 1958, the City Commission of the City of La Porte, Harris County, Texas, met in regular session, roe-essed from the regular meeting held on February 21, 1958, at..the City Hall,•in said City, at 4:30 o'clock, P. M., with the following members thereof present, to —*it: H. P. Pfeiffer, Mayor Pro —tea; L. R. Rigby, Commissioner; with the following members thereof absent, to-�iit: None, one Commirsioser's office being vacant, the members present constituting a gaoraa, et Nich the following business and proceedings were transacted. Ilayor Pro —tam H. P. Pfeiffer introduced a proposed Ordinance No. The Ordinance was read is tall. by Mayor Pro —Lem N. P. Pfeiffer. 531 Commissioner L. R. Rigby moved the passage of the Ordinance, the motion was secon— ded by Mayor Pro—tem A. P. Pfeffer. 'The action carried by the following vote: Comais— t sione.r L. R. Rigby and fayor Pro —tom H. P: Pfeiffer voting "Aye", and none voting "No". A true and correct copy of Ordinance No. 531 thus approved is berate gttath•ed and made a part bereof for all purposes. To ep:rtil•fy all of iihieh witness my baud this the 28th day of February, 1938 Frank G. Ba;ker, City Clerk, City of La Porte, Texas a ORDINANCE NO. 8?l AN ORDINANCE PROVIDING FOR AN ELECTION TO BE HELD AUGUST 23, 1969, FOR THE ELECTORS OF.THE CITY OF LA PORTE, TEXAS, TO ACCEPT OR REJECT PROPOSED AMENDMENTS TO THE CITY CHARTER OF SAID CITY; DESIGNATING AN ELECTION PRECINCT AND A POLLING PLACE; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR METHOD AND DATES OF ABSENTEE VOTING; PROVIDING FOR RETU.[2N AND CANVASS OF VOTES OF SAID ELECTION;- PROVIDING FOR NOTICE; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE,CITY C'OMNIISSION OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1., An election shall be held within the corporate limits of the City of. La Porte, Texas, on the 23rd day of August, 1969, at which election there shall be submitted to the resident qualified electors of the City of La Porte, for their acceptance or rejection, the following a,-nend:nents to the Home Rule Criarter of the City of La Porte, Texas, to -wit: AMENDMENT NO. 1 Article I, Section:lO, of the Home Rule Charter of the City of La Porte, as amended, shall be mended so that the same shall hereafter read as follows: "Section 10. Extension and contraction of boundary limits. "The Commission shall have power'by ordinance to fix the boundary limits of the City of La Porte and to provide for tale extension of said boundary limits, and the annexation of addi- tional territory lying adjacent to the City, to provide for the disannexation of territory within the City, and to provide for the exchange of territory with other cities and towns, pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this State applicable to Home Rule Cities." AMENDMENT NO. 2 Article II, Section 12, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the first paragraph thereof, shal l hereafter read as follows: Ordinance No. ap7 , Page 2. r "Section 12. City Commission, number, selection, term. "The City Commission of the City of La Porte shall be composed of a Mayor and four ( 4 ) commissioners. The four ( 4 ) positions of Commissioner on the City Commission shall be numbered and designated as follows, to -wit: Position No. 1 - Healtn, Recreation, and Sanitation commissioner. Position No. 2 - Water and Sewer Commissioner. Position No. 3 - Public Works Commissioner. Position No. 4 - Fire and Police Commissioner. "Any and all decisions, rules, and regulations of each Commissioner shall be subject to review at any time by the miayor and/or the full City Commission." AMENDMENT NO. 3 Article II, Section 12, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the second and third paragraphs thereof shall hereafter read as follows: "The Mayor and members of the City Commission shall hold their offices for a term of two (2) years, and until their successors shall have been elected and duly qualified. The mayor and City Commissioners, Positions Two (2) and Four (4), shall be elected at'a regular City Election on the first Saturday of April in each even numbered year. The City Commissioners, Positions One (1) and Three(3), shall be elected at a regular City Election on the first Saturday of April in each odd numbered year. "All candidates for City Commissioner shall be voted on and elected separately for positions on said City Commission, and each candidate shall be designated on the official ballot according to the number of sucn positron to which he seeks election." Article II, Section 21, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the same shall hereafter read as follows: Ordinance No. 821 , Page 3. "Section 21. Induction of Commission into office; meetings of Commission. "On -the second Monday next following the -regular municipal election held on the first Saturday of April, or as soon there- after as practicable, thq Commission shall meet at the usual place for holding meetings, and the newly -elected members shall qualify and assume the duties of office. At sucn meeting the. Commission shall select one of its members to serve as Mayor Pro Tem, and he shall perform all the duties of the Mayor in his absence br disability. Thereafter, the Commission shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of the Commission shall be open..to the public; special meetings shall be called by the City Clerk upon request of the Mayor or two Commissioners." Article IX, Section 83, of the Home Rule Charter of the City of La Porte, as amended, shall be -amended so that the same shall hereafter read as follows: "Section 83. Municipal elections. "The regular election for the choice of a Mayor and members of the Commission as provided in Article II, Section 12, shall be held annually on the first Saturday of April. The Commission may by ordinance or resolution order a special election, fix the time for holding same, and provide all means for holding such special elections." AMENDMENT NO. a Article II, Section 12, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the fourth paragraph thereof shall hereafter read as follows: "Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate shall be elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast for all the candidates for such office, the City Commission shall call a second election within thirty (30) days, at which said second Ordinance' No. 821 , Page 4. election the two candidates receiving the highest number of votes shall be voted for again. In the event of a tie in the - vote for the two leading candidates, at the regular election, the City Commission shall call a second election within thirty (30) days, at which said second election the candidates receiving such tie vote shall be voted for again." AMENDMENT NO. 5 Article II, Section 13, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the same shall hereafter read as follows: "Section 13. Qualifications..,. "The Mayor and each Commissioner shall be at least twenty-one (21) yearn of,age and a resident citizen of the City of La Porte, and have qualifications of electors therein, and shall have owned real property in said city for a period of at least one year immediately prior to the date application is made for his name to be placed on the ballot. The Mayor, Commissioners, other officers and employees of the city shall not be indebted to the city; shall not hold any other public office and shall not be interested in the profits of any contracts, job, work or service for the municipality or interest- ed in the sale to the city of any supplies, equipment, material or articles purchased; nor shall any of them be the owner of stock in any public utility or public service corporation within the city nor in the employ of any owner of stock in any public utility or public service corporation. Any officer or employee of the city who shall cease to possess any of the -qualifications herein required shall forfeit his office or position and any contract'in which any officer or employee shall or may become interested shall be declared void by the Commission." AMENDMENT NO. 6 Article II, Section 14, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the same shall hereafter read as follows: Ordinance No. 821 , Page 5. "Section 14. Compensation cf Members of Commission. "The Commission shall bold at least one regular monthly meeting, and the Mayor or two Commissioners may call as many special meetings as may be necessary to attend to the municipal business. Each Commissioner and the Mayor shall receive for his services, a salary in an amount determined -by the Commission, not to exceed the sum of Twenty. -four Hundred Dollars ($2,400.00) per year for the Mayor, and Twelve Hundred Dollars ($1,200.00) per year for each Commissioner." AMENDMENT NO. 7 'Article V, Section 33,, of the,.Home Rule Charter of the City of La Porte, as amended, shall be amended so that the same shall hereafter read as follows: "Section 33. Fiscal year. "The fiscal year of the city government shall begin on the first day of October.,and shall end on the last day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this charter the term ".Budget Year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered." AMENDMENT NO. 8 Article VI, Sections 49 through 54, both inclusive, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the same shall hereafter read as follows: "Section 49. Power and authority to incur indebtedness. "The City of La Porte shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the City for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness ance with the present or hereinafter pursuant to and in accord adopted or amended general and special laws of this State Ordinance No. 821 , Page No.! 6 N applicable to Home Rule Cities,..except as such power and authority is expressly limite-d or denied by this Charter, or any amendments hereto. "Section 50 - Reserved for future use. "Section 51 - Reserved for future use. "Section 52 - Reserved for future use. "Section 53 - Reserved for future use. "Section 54 - Reserved for future use." AMENDMENT NO. 9 Article ,VI, Section 55, of the Home Rule Charter of the City of La Porte, as amq.nded, shall be amended so that the same shall hereafter read as -follows: "Section 55. Ref-erendum on bond ordinance. "Each bond ordinance passed pursuant to a purpose which has been authorized by majority vote of the property taxpaying voters of the City of La Porte at an election held for that purpose shall not be subject to referendum. Each bond ordi- nance relating to bonds not authorized by the qualified property taxpaying voters of the City of La Porte, shall be subject to permissive referendum on petition pursuant to the provision of Article x of this Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise." 'AMENDMENT NO. 10 Article VI, Section 56, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the same shall hereafter read as follows: "Section 56. Public sale of all bonds. "No bonds issued under this Charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at Ordinance No. 821 Page 7•. least once in the official newspaper of the City, both of such - publications to be made not''`less than ten days prior to the date set for such sale." AMENDMENT NO. 11 Article XII, Section 119, of the Home Rule Charter of the City of La Porte, as amended, shall be amended so that the same shall hereafter read as follows: "Section 119. Personal interest. "No member of the Commission ox any officer or employee of the city shall have a financial interest, direct or indirect or by reason of ownership Qf stock,.in any corporation, ih any contractor in the sale -to the city, or to a contractor supply- ing the city, of -any lands or rights of interests in any land, material, supplies, or service. Any wilful violation'of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corpora- tion contracting with the city shall render the contract voidable by the Commission." Section 2. The City Commission of the City of La Porte hereby designates and establishes all of the area encompassed within the corporate limits of the City of La Porte, as one election precinct for.this election, and the City Hall of the City of La Porte is designated as the one polling place for such election. Section 3. ' r -• •• t - :U • is hereby appointed Presiding Judge of said election, and M. is hereby appointed Alternate Presiding Judge of said election. The maximum number of Clerks which may be appointed to serve at said election is three (3), who shall be selected by the Presiding Judge or the Alternate Presiding Judge, as the case may be. • Ordinance No. 821 Page .8. Section 4. Absentee voting by personal appearance shall begin on the 20th day and shall continue through the 4th day preceding the day of the election. Absentee voting shall be conducted by the City Clerk at the same place as provided in Section 2 hereof_: Voting machines shall be used for the casting of absentee votes at such election. The City Clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the Clerk's office, or at any time when the Clerk's office is not open to the public. The City Clerk of the City of La Porte is hereby authorized and directed to'appoint'deputy absentee balloting clerks as necessary. Section 5. Immediately after the close of the polls on the 23rd day of August, 1969, the election officials shall make due return thereof to the City Commission of the City of La Porte, and the City Commission shall canvass said returns at the earliest practicable time, and shall, immediately after canvassing the returns, declare the results of the election. Eacn such proposed amendment, if approved by the majority of the qualified voters voting in said election, shall become a part of. the Charter of said City. No amendment shall be considered adopted until an official order has been.entered upon the records of said City by the City Commission, declaring the same adopted. Section 6. Said election shall be held in accordance with the provisions of the City Charter of the City of La Porte, and the general election laws of the State of Texas governing general and municipal elections, so far as the same may be applicable thereto. Only duly qualified resident electors of the City of La Porte, Harris County, Texas, shall be qualified to vote at such election. Section 7. Voting machines shall be used at said election, and the ballots for said election shall have written or printed thereon.the following: Ordinance No. 821 .Page 9.. OFFICIAL BALLOT AMENDMENT NO. 1 (VOTE "FOR" Or"AGAINST" ) "Amend Article I, Section 10, of the Home*Rule Charter to provide that the'Commission stall have power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits, and the an of additional territory lying adjacent to the City, to provide for the disannexation*of territory within the City, and to provide for the exchange of territory with other cities and towns, pursuant to and in accordance with the present or here- inafter adopted or amended general and special laws of this State applicable to Home Rule Cities." AMENDMENT NO. 2 (VOTE "FOR" or "AGAINST") "knend Article II, Section 12, of the Home Rule Charter by adding thereto the following designations for each Commissioner, to -wit: Position No. 1 - Health, Recreation, and Sanitation Commissioner; Position No. 2 - Water and Sewer Commissioner; Position No. 3 - Public -Works Commissioner; Position No. 4 - Fite and Police Commissioner; "And further providing that any and all decisions, rules, and regulations of each Commissioner shall be subject to review at any time by the Mayor and/or the full City Commission." AMENDMENT NO. 3 (VOTE "FOR" or "AGAINST") "Amend Article II, Section 12; Article II, Section 21; and Article IX, Section 83, of the Home Rule Charter, to provide that the date of the City election shall be the first Saturday of April of each year." Ordinance No. 821 , Page 10:. AMENDMENT NO. 4 (VOTE "FOR" or"AGAINST") "Amend Article II, Section 12, of the Home Rule Charter, to provide that any candidate for office receiving a majority of all the votes cast for, the office shall be elected; to provide for a runoff election in the event any candidate fails to receive a majority of all votes cast for such office; and to provide for a runoff election in the event of a tie in the vote for the two leading candidates for any office at the regular election." AMENDMENT Na. 5 (VOTE "FOR" or"AGAINST" ) "Amend Article II Section 13, of the Home Rule Charter, to provide that the Mayor and each Commissioner shall be at least -twenty-one (21) years of ache." AMENDMENT NO. 6 (VOTE "FOR" or 'hGAINST" ) "Amend Article II, Section 1.41 of the Home Rule Charter, to provide that each Commissioner and the Mayor, shall receive for his services, a salary in an amount determined uy the Commission, not to exceed the sum of Twenty-four Hundred Dollars ($2,400.00) per year for the Mayor, and Twelve ;hundred Dollars ($1,200.00) per year for each Commissioner." A&LENDME.NT NO. 7 (VOTE "FOR" ar"AGAINST" ) "Amend Article V, Section 33, of the Home Rule Charter, to provide that the fisacal year of the City shall begin on the first day of October and shall end on the last day of September of each calendar year." Ordinance No: 821 Page 11. AMENDMENT NO. 8 (VOTE "FOR"'or"AGAINST") "Amend Article VI, Sections 49 through 54, both inclusive, of the Home .Rule Charter, so that Section 49 shall hereafter provide that the City of La Porte shall have the power and authorit;7, by ordinance duly adopted, to borrow money on the credit of the City for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this State applicable to Home Rule Cities, except as such power and authority is expressly limited or denied uy this Charter, or any amendments hereto; and to delete the present language of Sections 50 through 54, botn inclusive, and to. provide ghat said Sections 50 through 54 shall hereafter ue reserved for future use." AMENDMENT NO. 9 (VOTE "FOR"or" AGAINST") "Amend Article VI, Section 55, of the Home Rule Charter, to provide that each bond ordinance passed pursuant to a purpose whicn has been authorized by a majority vote of the property taxpaying voters of the City of La Porte at an election held for that purpose shall not oe subject to referendum; to further provide that each bond ordinance relating to bonds not authorized by -the qualified property taxpaying voters of the City of La Porte, shall be subject to permissive referendum on petition pursuant to the provision of Article X of this Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or -other public service enterprise." Ordinance No. 821 , Page 12. AMENDMENT NO. 10 (VOTE "FOR"or"AGAINST") "Amend Article VI, Section 56, of the Home Rule Charter, to provide that no bonds issued under this Charter shall be sold without first offering the same at public sale, and to provide that notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at least once in the official newspaper of the city, both of such publications to be made not less than ten (10) days prior to the date set for such sale." AMENDMENT NO. 11 (VOTE "FOR" or" AGAINST") "Amend Article XII, Section 119, of the Home Rule Charter, to provide that no member of the Commission or any officer or employee of the city shall iiave a financial interest, direct or indirect or by reason of ownership of stock in any corpora- tion, in any contract, or in the sale to the city, or to a contractor supplying the city, of any lands or rights of interests in any land, material, supplies, or service; to furtner provide that any wilful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position; and to further provide that any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the city shall render the contract voidable by the Commission." Section 8. Notice of said election shall be given by posting a copy'of the notice containing a substantial copy of this Ordinance, at the City Hall in the City of La Porte, Texas, and by publication thereof, in the La Porte-Bayshore Sun, a newspaper of general circulation published in said city, on Ordinance No. 821 Page 13. 0 the same day in each of two sucFcessive weeks, the date of the first publication to be not less than fourteen (14) days prior to the date set for said election; and, not less than thirty (30) days prior to such election, the City Clerk shall mail a copy of the proposed amendments to each qualified voter in the City of La Porte, Texas, as appears on the latest rolls of the Tax Collector. Section 9. This Ordinance shall be in effect immediately upon its passage and approval, PASSED AND APPROVED, this the 2nd day of June, 1969. Mayor of .tn�`-e- City of - La Porte, Texas ATTEST: City Clerk APPR ED: City Attorney % A t 7 EUA T1 E L L OF ELECTION ommissioner shall be -voted ',NT Nds 6, AMENDME f, -le, to'thd date's�et �b r such a" And I eclat law S of this,Sta e -ule utility or other public service of ownership of sto�k in Any latiori pub shed U Said 6ityo NOTICE. TO AMEND THE CITY On and elected separately for' Article '14 I section 14 0 tharQ, of the NO. 11"', Artic Xii, se�c Oil ll� applicable to Hom e 4.1 CAI Ahk contract, enterprises corporatiob� in on the same day in eac, of two �AM Sol to ENDMENT NIO.'101 or- in the e the'ei Y, or'.' successive the date CHARTER OF THE CITY d ions �aid *in. posit on -City C the Home Rul e Ci ty�f,La I �Oifep 'as aineh&4 e the' Home Ou 0 C t Larter of 'th AMENDMENT NO..2 weeks of "FOR# 'oi th (VOTE IA�AI'N�T" to a. contractor supplying e e first'publica on to be h4 I OF LA PORTE TEXAS. THE DvLY'QUA1AFIED missiDn."apd. each candidate S hall be designated on the of a ded, the e , 1i shall be. m'-- so tha city of La Por 0. as am6fia�-': A &'TZ 'PORI, or I GAINS Section city� of any lands'or'righ s-of less than'fatu days "Amend Article V t �i4j 'of 'date TO OF' % ecording, to 0 ficial ballot a th il; h eaftek read as' same sha er '11 amended 66 that the sha b 0' '$Amebid Ar ticle 14 Section int the Home Rule Charter, e r e"Sits ndI"Mateki'' fb la 'aid 56'. in an prior ,to. the set.- I r S RESIDENT ELECTORS THE CITY 00 LA PORTE i number of such PD sition to Same shall- hereafter read a"s art I 2� of the Home Rule C h er Add to rovid that no bon' S, e ds issued ;suppues or servfc4,- to further' electione' an k 16s, P n - -c� no TEXAS# AN670 ALL OTHER which he seeks elections" .1,8ECT ION i4.'COMPE_N� A y a ollow b ling thereto the f ing at"any wilMl vio under this C hArter shall Provide th la. thirty (39) days prior,to Such --ld 'City Ar cle 14 Section 2 1 of TION OF 143MBERS OF C OM- �is SEC _U9, PER TJON SONAL des gtatiohs for each C6M- Without fir s sectib st, offi ring. tfon't'o'f tbi n shall con- eleetlon�o the Clerk shall INTERESTED PERSONSi eby giverk Noticei Is her that the Home Rule C a 'h... rter of the. ONL* Missi, NTERESTO M r. to wit*. issione , sa e, An e stitute malfeasanc * in office, ail a y of th' S thd same at pu c e pit I . I . .1 . POP 'to ''idetion will be held IQ itY of La Portes as'amendec� The, Commission Shall DOM f'No Member Of the Cora P.. ition No, ii0ltN os provide tha eof such and any6fficeror 6miplo 'amendments to each qualified yeeof 'city e throughout the "City' f La. t t shall be a ended so ha the At 'least -one regular, Onthiy miss or any oaleer or eni ion.- Recreation., 'And Sanitation sale s 11 be given by publica- the hii' fO h und gdlty thereof voter in t e �qi yof La Porte por�te� Texas, on the 28rd day same 'shall -here A&k r ead as d th­- wo 6 tin 0 myor or t m,e g. an IoY66 of the c' y Shall have A P it' 'financial 7 Commissioner; a a once in a, -all thereby forfeit his�of- T t le A tinan- sh exap, as appearsofithe t' t I I a, es bi A- ugUstO 19698, in, Accord follows: j. ommissioners may call.'aA C t M, i�tei4S4 Weet 0 Position No,. 2 Water, And fice o cial journal published in the r position: and to further roil's of, th- T e , ax collector. th to ance with e llowing Ordl­ t, I(SE CTION k.. INDUCTION spec�4 me( a many Aings 96 m y t ow� indiree or. y,reison'of ewer COM' ss oner: ml 0 , , " ­ State of Texa. an s and by publl- provide that violation of SECTION 2, Th s Ordinance I at yo 'the a nance, passed and pprovedby c INTO be -necessary to attend to the er shio Of Stock in Any COrPOra- Position No. 3 - Public- cation a leas on e in A this section with the knowledge shalf be in effect immediately' the Clt 'COM mission of the FIC MEETINGS OF COM-., n1u0clP al business., �- Each t1oN JA any contjj�4 Or in theo Works'commi$sioner- pas age and wspape implied f the' upon i s S 6 cial ne r Of the cityl expressed, or imp, o t appkojals A C ity of LA Porte, TexI6 to- MIS commissioner and the M th' W- a con sale_ e efts or itlon No. 4 d Pos Fire An. S dons to� e person 1) AND both'of Och publicai or co ra on con- PASSE b PPROVED FPO -06t ''i cond i0n, the se noviday n Shall r6ceiife'for his rvices, actor the e4yo -of mm Police Co iss oner; made g With 2nd da, y of lu less than ten (10 tfactin the city Shall this the ne., 9690 wit -ORDINANCE NO, 821 th follOwin. e regular muhici "'on a sa lAry, Ili an amount de er- mined by the CoMnASSio riot, lands bf.rights of ider- 'sts in' An' ianc�:rniteria�, y e roviding tha t n4 furth r pi and 'All de4 es, Any Asid6s.joi set'16 lor to,the ren, er the contract v04able" days pr­ date Sue sa!6.11 ytho corrimissioft.11 P e er h b 'AN,O DINANCE PROVID� ING FbIt AN ELECTION. TO Pa eld the first Saturday of'Aprill -0 r as soon to exceed the suid Of Twent Y�- sbppliesbr ser -,A c 6 A n y"'..Wil- And regulations of each COM- AMENDMENT NO. I Ma' of the SECTION Notice of aid Cit yot BE HELD AUGWT 2 thereLainei as Practlea, ble the d four Huhdre IN Riiiis; ($2,460. vloiatJoil this'sed! ful Of I sioner U be subject to mis, sha or e e given by post La Por exas Orr oR�f lection shall b too ibll TH�ELECTORS OF T meet e Commis.�i&t shali at th 06) Per year for the M aypr,, 'sU tute ma'Ifeasance shall con And e e at a time by the ma- r vi w ny luu and the city Amend Article XI4 Section in' 4 copy of the notice con- 119l the Rule Charter, ining b ATT9 ST. CIT Y OF LA PORTE, TEXASp usu ai �la6e'for holding meet- and Twelve Hundred Dollars. �ach In any officer r yor oi of Home a su stantial of COPY AC (1, E PT OR REJECT And e new y-e ected Ing tili i 4� t il er for 006.00). P year e (� 11 t 'he city empioY64 -Of -'d6d 1 � :1 m sion.12. MIS ",'AM8NDIAENT er t the C ity Hall Marilyn K�elley to provide. that no memb' . of this Ordinance.,, a -TO� PROP097ED ''AMENDMENTS, shall qua lify And as- COmn guill tk thereof S li there NO.3 IF GAINS T Ci y Clerk the Commission. or Any t in the City bf.L! Porte Tex- . 'APPROVED; THE CITYCHARTEA'OF duties of Office. At AMEND MIS NT. NO. U6 forfeit his Office or Posi no (VOTE, OR -or "I cer or employee of the city 9, S and by public ation the reof �8u t -DJESiGNATINGAN lb, CI Y. suell thee ting the commission Article V Sectk )n 31,,ok th � I , ', 0 ­ . � ­ Any s� section violation. of" ihi �, �- , 4 ", - IIA cle III Section m6n4 Arti I 1 11 � - I . a q n. Knox W. skin! ndal interest, in the La'Port shall have La fin, e-Bayshor 1 ­1. �­,. I I . ­ , t LkTjON' 9 'INcT AND A.. C � -select one" of its' me in Rome Rule C harter of the City , 1, tWith th exPres sed 6 kiibWie age *or' `p Sect U-'Artide L 2 d7 lon �. 1;, an direct orInditect'br by reason eneral circu City Attorney a newspaper of g POLIANG..-r'4LACE; PROVII - to Serve as Mayor rO of LA PortO, dm6ndec� Shalt 'AMa impli- ed, of the' e r sOr- i t' 6 r 'with Article IX Section 83, ofthe OR 'HE, USE OF VOI IN F T and he Shall Perform all be amended so that th 'herda ratib�n.t`o"o�&A t' c6: r%P6 n ,c ing , , 1 .1 ' Hom e Rule Charter, t. o pro ING MACHINES; APPOINT,- duties of the Mayoi in his A d Shall Aek,ie as� fol- , e ex y shal: t1i I i;h , '' t render 0, 664� vide that the date of the C ity -7ING, E �Db!!Q' ..absence X OFFICIALS; -or di here- s�Abilitks T aft er, the commission, sha U lOwst SECTION SCAL' t�l bJibi- b' ae L Vo e the COM- ml"ibNov ha-, berth' fli t rst c ion s le U e Satutda' 'Of April' f each y PROVIDING FOR METHOD A D DATES OF AB ENTgE N S Meet regularly, at, such times as, may­bd prescribed by its Y AN,, -7cT— ar he city fiScal ye' Of the, T TION 20 he Cit C. Sto y om — Por e a t ixiissioh.of the City6f Li yeats' AM NDMENT NO. 4�, E ING' PROVIDING FOR AttU"11 AND CANVASS OF R rules but not less Oquent- goyernem ent'shaii begin on the hereby desigotq�s And 6'stab (V OTE FOR" or" IAGAI VOTES CTION, than Once e Y ach month., -All e 'ission meetings 0 th OMM first' J y of October and shall Lindon e a of 8eptem- th SjL day e en Ar e� Ik Section lisfies all of the ar'a eno6m- "Am d ti6 Me Rule Cha A ... d' within the, dorpo,fA6 lip of the �k;O r er p sse, PROVI OTICE* 4G F 6A N I AD iD PROVIDING EFF EC S hall he open to, the public; 6�'­Oi,4- r eacheal . end I ar years Such �of the Ci, y limit, LA Porte,, Ade, an to pr� andidate that 4 TIVE 1) 'A'T'E" HEREOF. sp edal meetings sha ll be - s. fiscal year shall' al o cons as one e ec n pree net fbt a in a* receiving Jpr -ail, -ot BE IT ORDAINEP.,PY H all6d by the City Clerk PPO ii tute the budget and Accounting thi ity Hill, e ioN And t e 'of' e th v es�, c4 for #y of st 'be CITy COMMISSION'OFTHE 1,ASj request -of the Mayor or two Commissioner Ss t r S used in this c ar e YW , A,, g4tvearol the term I'Budg sha- the 'City- LA Por b-, ii del� th Xilliag signited As � 0 one 1 the office- shall elected - to' t ide for a runoff el P Ov 0 A CITY 0 TEN L PORTEP t Article DC� Sectloa� 83, -of mean the fiscal year zor,w hieb place for s6h, �ledlon- 00 d6ft in the event an y candidate THAT' 'SECTION 1. Anelection shall e e Rule C harter of the th"' HOm a 010 as am Clt L Port end i y of culai budet. 'I any Artl s­ P �g An ch'it Is ad-" adopte d A SECTION, 1: Miss, I kbe a "to I 04 te'd Rals , n $ falls" to r66etv of* a 6, m ority aj au 1 �Ot�s cast for, su dh Office; 'for be he! within the'wtporate nits. of the City of LA Porte ed, 'shall be'amended so that hAnistered.01 Pre dge'6 sitid 616c'- and to provide a runoff 3 �Oh the � rd day a at lection AugtA e the ame shall hereafter read S a S follo ws: A NDMBNT N ME S Article ti ins 49 and Mrs. loy Higgins 1'61ecti6n Alternate l­h teb ':'in s e yappointed, t tit in the even -of a e he 'Vote for the tw 'le�d- which th ere -shall be submitted. to the "SECTION 83. MUNICIPAL. .1ough 5 inclusives 0 presiding su d eIe'e-s-, dge of Sal g candi a In date si tot any Office I t 4 kesideti t qualified electors of 'City 8L9CTIONSs -',The regular C for ele tion th r of the e e Charte Home R41 C itY Of La Porte, as amend- t1ob is The rd"u.im-oth nambe of 'Clerks w ch May e appoint k the regular elections" ',,.AMENDME], 5 the ofla Porte, for their ia�ce or r accep ejec-tioni the the choice -of a Mayor and so 6c�, shall be amended that 'hall aid' eiec trkE IFORV or '6 S' ttve At s tio '(V #AGAINST -selects. llgkn�n ollowing amendments to the In into rs of, the COM "Ission me e , the Me s after r sa.- here pad three 3 Who shall be d Article 14 Section .6me Rule Charter of th ecity cle L� ec- -Provided i6 Ar t! S as follows..' ed by� t Ju gO Or h, Pre, di.� 13 of t, 0, Home Ru le Char- LA, rte, Texas, th-wit: Po tion 12 shall be held anno illy I "SECTION 49, POWER the Alternate PretldingJudgO t i -to Provide or e th May -or ...... AMENDMENT NO, I' on the first Saturdaypi Apri4 AUTHORITY TO INCUR IN is the y 06 case in'! to' A sen and ea h Commissioner shall at least twenty-one Article 4� Seciio� 100 of the The 'COM ss n,- may y Or- din e or resolution order'a Inc DEBTED NESS* "The City of La Porte Shall S8 t ",be,' c 4. ee voting TIOX 1­ ai ;hall years of Age." by persona appe. ance i harter, Home Rule C Of the city of as amehdec� shall Poitel, special electior4 fix the time the power' h�ve And authority,, begin on the. 2 day and Shall day AMENDMENT NO. 6; VOTE 'FOR or 'AGAINST-) ,,'La be 41nenoed so that the same 'as rovid for holding sam6s and P e 6.11 Means for holding such spe- b ordinance duly adopt rrow mone'. on the credit continue through the 4th: pr4 ec'6dng the day,of the el,6d- !'Ameind Article 14 Section shall hereafter read fol daf diectibi ris of the City for permanep pub!! ing shai:i b Abs ent�6 v4 e C arter, 14; of the Home Rule' h Jo ws. los EXTENSION 'A k8NDMENt NO. 4 11 improve,mep s and t� ue t o6ddct6d by the City Clerk at to provide that each COM MIS :IStCTIOT CONTRACTION F Ale Section 12. Of le L bon it I obligation ds,, A iam4l �laiC4 e as provided in r AM s, on( the 'his BOUNDARY LIMITS, Home Rule Charter of theCity 6"ding rev nue bon ss re- e d tlon 2 here( ma See 4. VPt:k4g­ - ' Cekvl Or §qrvleps; IfT e h h C ssl S all rtei A amended Shall of Poi 'am b6-ds -Q'ertifJ­c*t ot in- RPM , C41, s:ed _r' o. -40s sala"r it �, det An 40 4mm . b, COmmis ldn.'not h4 p bY QWer be 0 n��d S� i6t the fourth I :Jrwtess a' Os bs6ntee ,;o Y, the M the, Wml 'i" of the �eof U1 'e:f e piaiagra:p the ha -follows'. _O r ther toms bt J4dpbtQ& Ad-, Such 410fis -The Ae CitYt�qivr. f , On f9u H 4ndljedD61iar�'�$�,400,- L ]A to pro ity o a-, a e tand "of er read as -ItApy. da e t office, n6s..� pursuan and'- coidaht6 wi tj t the presen Or shailxol, perrW. Y- absen y �tsbnaj Ap66ik-9 f 00) �,Per y ear or 0, e Mayor, 'ifundr vide for the extension said can ng a brity of all the ereihafter ad or Amp op on any ]h IS i;�J ah6e, day whic) t jv�6 And we 0 r. v limits, and the ah� ar_ mAtiori of t1ohal t erri n( addi recei maj fo votes cast for the office r ed general and Sp ecial laws ofthis State Applicable to Homo. a ir gi day fbr� th e -IlAr Working * k1s, office,, r year e eac $, ��.60) P for COM mis Sloner," t 'lying adjacen to thecity, ch h is a at' sha w hl e 11 cl er or At Any, to i provide for the disanfi6xt Within tl, be ele 6ted to sue -Office. In the event any- candidate for any U 6 Cl esjoz;excepi as, Such and authority I power [S ex- '64 thei d leiv a Office, to- noi opeq q p4blite, T e "k i� th h Ci��' -0 AMENDMENT NO.7 (VOTE. 'FOR I or 1AGAIN8TI) ilon of territory e C* and to provide for 66' I yo .6 ffi�e fail to' receive 'A S P rbssly limited or denied by ' P� le r k o f the City'of La Porte .,,.,t'Amend.� Article V., Section exchAnge of' territory with ma a Jority of all Votes cast for this QhArtei. o endm, is, hereby iii rizod And., dlv�' 91,,'Of the Horn.p. Rule Charter, th . cities and to 0 1 er. wns, pursu- 'A�d: abididat sue ail, the 'c" eS toi ' h of- cl the Cit 0 ssion e y C mmi moits *06. 'Section 0 - Reserved for r octed to appoint deputy abS06 c tee balloting ci6iks as nee� tO provide that the fiscal year 'of the City shall begin on the alit to in� accordance With the, esent oi hereinafter r se d election shall Call, a con fut ure uses ��,,tcs ��ay of October and shall) d neral adopted or. amende, ge Within thirt (80) da 9 at y Y" ectibn 51 Reserved for I I ­ - � 11 "SL.. SECTION. ImInM14WY a t thel st day Of Sep em- 11 1 11 and special laws State :a which gAid " election the two 0 andidates receiving the future U j e Section 5Z - Re ryed� %or fi the" ellowb4th6 116'& po th �$rd day of AUgusts 196%� er of each calendar YeA410 Ito I 1 ­1 - AMENDMENT NO, 8 '(VOTE 1 1 � I . ; I ­', -1. 1 1 1 1 1 1 �1'1. it b Rule' P0 c,a e to T 11 Ci 1 Vot s shall highest num)er of e 1hturd U S-6 the election Officials ShA IFORP or, cAGAIN TO) e 'MENT NOs MFND be Voted for again. In the e or tie in the Vot f !,Se,ption 5 �a Rese *ed for r futur's use e make due re n he, r" e o i to 1 L h, 'i 'Of C ity. commiss Od b the Ci, ;IAmefidArtIcleV4Sect$' ons ill cl 40 - throu. h 5,% both in usive,, 9 Artir,104 Section'i�, of the Home Rule chart�r Of the C ity event of a: the two leadi , ng candidates, at Res e d f6r ction s4 rve of LA Por et an 1&6itico 7 of the" Home Rule C harter, so m nd I La Porte, as a' e ed, shall th regular ele,-Wn,, the City -,e e futur use.,*� e N­ T, N 0. 9 I viss Sal r,4 Mission shal- can, � ­t,, turn! at th,. oarlld't 'M S PP e­­�'q that Section 49 shall he Provide that the C it of La y b4­ amended So that the first f thereo shall here- Commisslod shall call a see- ond elde tion withid thirty �3 0) r el ' - tion 559 'of A tl e V4, See gd� ` : I' cable tim s a 'A e,, and` ` h 11" In P6 rte shall have the power Paragraph e; read',as follo4s-,, days at Which' said second e candidates re election th ceiv- me the Ho Rule Charter of the, t Of �s, as amond Ci y. LA Port mediately After cafivis�i 9 the 6 esui "d ddelare a r and authority, by, o duly a dopted, to borrow money 'credit I C ��C­o 'SECTION 21 M- I such tie vote shall be voted 644, shall be amended So that t he electio-aa Ea.,, st on- the of the'City for SELEC pr a f gains the Same shall her6aAer re Iftandm posed a it -AP YO nt perMane public improve- TION,- TER (Sth e -C ity Co MMIS�qjon Of 'AMENDMENT NO, 5 the as follows by, the ma ori j 0 t4 fled Voters voting,ln�aldelft 41' Me s and to Issue its gen- �nt - itil obligation bond revenue the C A7 of La Porte shall ber composed o� A M ayor and Article L�'8ection:0, Of l r th Home Ru e Chart6 , of e City "SECTION, 56, REFt Rgij_ DTiM Olt -BOND ORDIINANgg. -sha 11 becom 4 POW__ "Ns pdsp refunding bonds, cer- J" COMIn! four s§ioners, The' of L 'Porte, as ainil, _a, hd6dshall' "Each boridordIftance0assed. Ch4 t" Of Said C it the r er ys me S all b6' coft-sk ca eLs ess, tift t of iddebtedn notes Warrants, 'Or of her four, positions op, COM MIS,, sionei, oil the' C- it Commis to aindbd so that th . e am e same hat here: after as fol- S nt 6 which put u6 to a pqpl se has been authorized by M' jjor side red adopt until anlo", 1:ns 'of ind6btednessp r ursu-', S Ion shall be numbered'a6d Ows: "SECTION of 't t the ity *L 'e, proper y ax h cial order as. een qnt6io', ds of 'said upon t a recor C it y, h eWi. ant acdo ne th to And in rda present,' or, 'hereinaiter; desll� ted is fbllow�v 6-wit, QUALIVICA T y�ng- thei Ci y of pa voters o a an elee on held a; Port t it ­ I i6, dd by the Ci y Comm ss - �� Ad . opted or amended `ge4eralL' ­-7, Posi on N ti ot, I Hpalth, on,,L and Sa nitation, Id I The Mayor and each C m- - fo that purpose shal ha'be r c arlhg t 0 same I : 66n and special laws,.6f this State C-ommIssio0er, And missio'her shall be at least 1) ye rs of Age subj ect to keiereiidum. Each nd anco, re bo or din, SE TION. 6 8ald ele c lo" C2 1�0 0 S held in a0ordat&6, it ble to Home- Rule app ca .41 ci es, except as sue power Pb$ition, No. 2 Water Sewer Commissioner,' r citizen -of the And a esident 'bonds no ed ot autbpriz' y s S w *J,. ion of the itj ith '0 pro And autho ity is e *ress y r Pu a Position. No bli - :` - -1 1 0, 1 t � I C11 Y,9- 3' Porb to and'hav e lectors (&A e p rope, --axp `*o Porteo. Of th�i'it��of La POH60 C ar er C � �t th bind a �eoeral� ei e'c on,, w,§ lithi ed or denied by this C hir t :6ii'br Any amendments here - -Works CoMmisko ek P, osi lon I �o 4 i�x Fire And qq jilheatioriS of e and hall 1-Air thereini e owned t the City'bf LA: ets of shall 0 subjec to P t �,' �;, Of the Sta 0 of ex9! Ovbkn� tW-` And to esent % delete, the pr Police Cbmthissionero .s real prope If in s id cit� Or irefekdridurn on " eti P. tion', p ur- Ing— ' er I m geo and uniciDal � '' � �Anguage" of Sections 50 through I'Any So And ail decision -of a leo a per $Odt t L'St one ye� At suan., th the Provislo ns of 'At f i� th- e ec oi 0, a amo `­11 jt, '1(1�, I � r'', , a ea thi�rotoj �4j- both Inc lusive, and to pro- r *1 0 60' d that said, $ectfo 1, S, an IM e "d regulations of each idner r da e irnTAediatelk prio to the r application made to s tlele of this Ch iln�- th i authorli6d* less el bonds Are may a Lpp'i du,ly4, 'qua 0 , d 1 1&: res, en hall e er be 6'54 s her through I I � - ­ . C',Ommi ss shall be s ub- Any imeby 1,,.J6ct16 review at ti .,,Is a harne to b6placed on the b I' .%�- s­ �4 M olely, or 4 PUrp 'C' it electors Of 0, C I y 0. a, sr forfutureuse, 'r�,,e v011 the Mayor and/or the ful I City lot. The mayor,� comm,i4i6n-� the result 0- n e eis ar, y a S ffIr16 P )rte, Harris godh Y. T6iasil sfia aiiilfbd 't6' vote a NO* OT I FOR', or 'AGA C 9mm S Sion. AM-�-NDMENT NO 3 ers, other: of& ers an� em- P' 14 )yeos of thO;city shill pot' �A or othe dioaotorjo 0 r the i�onds ire th 'b S 6 d sueg election,,­ -ON Amend Article V]� Section 14 See i10 o i be indebt Shall to fbiatel a the impi�vement E 6 I 1, Voting Mae T t 55 Of th�e liom I e Ru e Charter,, 4: Home Rule Charter of the 't �f La Porte as amendec� not h6ld'any other public of- 6- e ;and shall not be �Aer or extension of a mWelpally t- utilitk or owned or opera ed sha be use( Aec-J - at said,,.e. ba. Mc' ti,6j�- and the lJots for s. to vi n o pto. do that a di ance 0Assed p&su nt 0 a' shall b 4-amend�d so.that the 'paragraphs in the profits of An 06n4actst -job, k for the Public S' other er'vicei enter-* as- ii!Mi6n shall have wAit�� or he e0h the r purpose which 'has been rized by a auth� majority vote n an s666 d d' third r e thier eof shall hereifte r Ad is vice m u I nic i . pality or I ia�re ' ste'd in pr e "AMENDIM N06 0 OFFICIAL 8ALt,6T. of the proper ky taxpaying vot- foil the Sale th the city of any �ItNT Article Section 56t of AME DMENT NOs* I S 'of the 0 ity r of La Po te I'Th6 Mayor and me mbers suppliess equipmen m ateri al th A -de charter of the' e HoM (VOTE FOR' or 'AdAiNk".' -a an election held for that ion of the City Commiss shall' or artic es,.purcha ed; nor City of La Porte, as aL A rfte�fid Article I Sietiioq purpose shall not be subject hold their (iiaces, for a terni shall a' ny of them be the' own ail 1 shall be amended so th t the Home 0 C. �r er f -Aul-­ li` A 10, a the t 9 referendum; to furtherpro- that bond ordinance Of two y6af.s, And until er of. stock in any PU 11,he eafter rpa as �ne S r t.' provide that the Commission vide each their Successors shall h a ve uiliiiy or Public service co WS: h din �ei by or afte $hall 'Ave po) � � it' '. relating to bonds not au hor- t ee� 48ctei(ian�duiyqaalifled. poratloll nor in'-. within the cityL gIsEcTION 56, PUBLIC, to fix the, boundary Iiinitq of IzO by the 'qualified pro per- The M�yor d city Commis- 'the y Any owner, of emplo of F ALL BON �A7LY 0 D83 the 'City of LA Por te' And to ty, 4 s of, the, City *ayiii g'voter c of La Porte, Shall be subje, t SOne 4 PCjsitlonS two (2) And", stock in any, public utility or� bonds Issued under this e, ex ension 61 provide 0 th., t 4 1 Four (4)� shall be elected, at rPOra ne Pub, lip " service' CO do d C harter Shall be Sol without said boundary limits,, Ind,00' to Permissive referendup' on A' re' �i Election oft the ar C ty Any 'Offleer or employee. Of fir offerin st g the same a pub t IC L < Jonal terr1q.­ Liindxation ;of Ada, tl PeU on pursuant to the pro - ;,ach aW 'iy of April In L first S rd., the who sha I ceas ei to city lie sales Notl ce of Such tale tory lying'adjaceh to t ­ t he C Aks 't6r VI Wri of Article X, of' this I �i ed j6 The C it even- number ar. y 4 �PoSses$ Any -of the (i4ilwci- ­ ­ shall be giveA by publicall 116ft , �­ , 11 1 "' ­­' the dlsannqxa­-, Prov 0 q - 1�, Ch1 rter, unless the bonds are I " COMMI)ss dners,, Po�ltions I Wr d shall is herein �'teqdre at' I east once in a financial tion ie , r , rAory within the ' Authorized solely* for A'Pur- One (i and Three shall position to rfeit'his office or ' ­164h Publi shed in the State and to pi `­ t ­� C! yp ': ovij�e for' he , pose m y'a" the ade n0cess'ar, b elected at 4 regular- City An c,6ntr!6t in which any any of Texas An- lication "once '.., exchange of y W1 id wit of fire, floo44 or other re­ disaster' or the bonds are to tu'- d ti6n,bu the- first Sa r ay -c ployee shall or officer or e'M at 16ast in the, 6:61cial her'- ci es An W4s$, Pur4 bt to 0 a Aorij in e bdd numbered y. e me interested s ma b 0 newspaper of 'the ci y. both t 6ua" t' ade6rdanc ewith to a,�.hd in be issued to finan ce the year be declared void by the Com- of such publications to be made the inait Present ott' here-- pr provemedi or extenston'of a 1IAA an Cit c` dates for n, ssion. d not ess than ten ayi brJ or t A ended Municipailly ommed or Operated 4, opt4d' or M geh 4 v 'i 't A 0 • D CHARTER CITY OF LA PORTE, TEXAS This pamphlet is a reprint of the Charter of the City of La Porte, Texas, published by order of the City Council. MUNICIPAL CODE CORPORATION Tallahassee, Fla. 1985 • 0 CHARTER* Art. I. Incorporation; City Powers, §§ 1.01-1.06 Art.. II. City Council, §§ 2.01-2.11 Art. III. Administration, §§ 3.01-3.05 Art. IV. Budget, §§ 4.01-4.06 Art. V. Finance Administration, §§ 5.01-8.08 Art. VI. .Initiative, Referendum and Recall, §§ 6.01-6.10 Art. VII. Franchises and Public Utilities, §§ 7.01-7.06 Art. VIII. General Provisions, §§ 8.01-8.10 ARTICLE I. INCORPORATION; CITY POWERS 1.01. Incorporation. The inhabitants of the City of La Porte within the. boundaries as now established or as hereafter established in the manner provided by law shall continue to be a body politic and corporate and be known by the name of the City of La Porte. 1.02. City boundaries. The boundaries and limits of the city shall be the same as have heretofore been established and now exist, which boundaries and limits were originally shown on the map recorded in Volume 8, Page 16, Map Records of Harris County, Texas, and as modified by subsequent annexations and disannexations. 1.03. Modification of city boundaries. The city council shall have power by ordinance to fix the boundary limits of the city and to provide by ordinance for the extension of said boundary limits, by the annexation of *Editor's note —The home rule Charter of La Porte, as adopted at referendum Aug. 23, 1980, is included herein, substantially as enacted. A uniform style of capitalization, punctuation and indention has been employed, in a format similar to that of the Code portion of this volume, but no substantive changes have been made. Obvious typographical errors have been corrected. As amendments are enacted, they will be denoted by adding an historical citation, in parentheses, at the end of the affected section. • l3npp. No. 11 1 1 1.03 LA PORTS CODE 11.04 additional territory lying adjacent to the city, the disannex- ation of territory within the city and the exchange of territory with other cities and towns, all with or without the consent of the inhabitants in such territory or the owners thereof; provided • that the foregoing powers shall be exercised by the council in a manner consistent with, and the council shall comply with, the procedural rules, requirements and limitations prescribed by any law applicable to cities operating under charters adopted or amended pursuant to Article XI, Section 5 of the Constitu- tion of the State of Texas, otherwise known as home rule cities, including Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). The following methods of annexation may be used:. (a) Petition. The residents of any land contiguous and adjacent to the city may request the annexation of such land. Such.request shall be made by a petition in writing which is signed by a majority of the residents of such land, addressed to city council and filed with the city secretary. Within thirty *(30) days of the filing of such petition, city council shall hear the petition and any arguments for or against it and shall accept or refuse the petition as council sees fit. If the petition is accepted, council shall by proper ordinance annex such land. (b) Otherwise. The city may annex territory by use of any of the means provided in Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). 1.04. Form of government. The governing body of the city shall be a council composed of the mayor and eight (8) councilpersons, to be known as the city council of the City of La Porte, hereinafter called city council. The members of city council shall be elected ' from the city in the manner prescribed elsewhere in this Charter. Sapp, Na 11 2 • § 1.05 CHARTER § 1.05 • 1.05. Powers of the city. a. Generally. The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of the State of Texas together with all the implied powers necessary to carry into execution the powers granted. The city may acquire property within or without its corporate limits for any city purpose in fee -simple title or any lesser interest or estate by purchase, gift, devise, lease or condemnation and may sell, lease, exchange, mortgage, hold, manage and control such property as its interest may require; and, except as prohibited by the Constitution of this state or restricted by the Charter, the city may exercise all municipal powers, functions, rights, privileges and immuni- ties of every name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract; may implead and be impleaded in all courts concerning all matters; may cooperate with the government of the United States and of the State of Texas or any agency or political subdivision thereof to accomplish any lawful purpose; and • may pass such ordinances as may be expedient for maintaining the city's peace and welfare and for the performance of its functions. b. Enumerated powers. Without limitation of the foregoing powers, the following are enumerated for greater certainty: 1. Eminent domain. The city shall have the full power and right to exercise the -power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or by the Constitution and laws of .the State of Texas. This power shall include the power to. acquire any public utility operating with or without a franchise and furnishing a public service. The city may exercise its condemnation power in any manner authorized or permitted by the constitution and laws of this state. The power of eminent domain hereby conferred shall include the right of the city to take fee -simple title in land so condemned and such power and authority shall include the right to condemn property for such purposes. The city shall have and possess the power • 9upp. No. 11 3 I US 1 A PORTS CODE 11.05 of condemnation for any municipal or public purposes • even though not specifically . enumerated in this Charter. 2. Streets. (a) Powers. The city shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and all vendors, showcases and encroachments of every nature or character upon any of said streets and sidewalks. (b) Improvements. The city shall have exclusive dominion, control and jurisdiction in, upon and over and under the public streets, avenues, alleys and highways of the city, and may provide for the • improvement thereof of paving, repaving, raising, draining or otherwise. The provisions of Revised Civil Statutes of Texas, Article 1105b are express- ly adopted and made a part of this Charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property. 3. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system, to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sewerage service, providing rules and regulations for the collection thereof, and to provide for rendering a lien against any property Sapp. Na 11 4 0 • 9 1.05 CHARTER $ 1.05 owner's premises who fails or refuses to make sanitary sewer connections after due notice and to charge a cost against said owner and make it a personal liability. 4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash and rubbish within the city and shall fix charges and compensation to be charged by the city for the removal of garbage, trash and rubbish, providing rules and regulations of the collection thereof. 5. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet; have power to police all parks or grounds, speedways, or boulevards owned by said city and lying outside of said city, to prohibit the pollution of any stream, drain or tributaries thereof, which may • constitute the source of water supply of any city and to provide for policing the same as well as to provide for the protection of any watersheds and the policing of same, to inspect dairies, slaughter pens, and slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city. c. General powers adopted. The enumeration of the particular powers in this Charter shall not be held or deemed to be exclusive but in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers; the city shall have and may exercise all power of local self-government and all other powers which, under the Constitution and laws of the State of Texas, it would be competent for this Charter specifically to enumerate. The city shall have and may exercise all the powers enumerated in Revised Civil Statutes of Texas, Article 1175. • Supp. No. 11 5 1.06 1 A PORTE CODE 1201 1.06. Special provisions for damage suits. • Before the city shall be liable -to damage claim or suit for personal injury or death or damage to property, the person who is injured or whose property is damaged or someone in his behalf or his personal representative in cases of death shall give the city secretary notice in writing within thirty (30) days after the occurring of the alleged injury, death or damage stating specifically in such notice when, where and how the injury, death or damage was sustained and setting forth the extent of the injury or damage as accurately as possible, and giving the names' and addresses of all witnesses upon whose testimony such person is relying to establish the injury, death or damage. No action at law for damage shall be brought against the city for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice hereinabove described has been filed with the city secretary. After the expiration of sixty (60) days aforementioned, the complainant may then have two (2) years.in which to bring an action of law. • ARTICLE II. CITY COUNCIL 2.01. Composition of city council. a. Members of council. City council shall be composed of a mayor and eight (8) councilpersons. The positions of councilpersons shall be designated as follows: Councilperson—District 1 Councilperson—District 2 Councilperson—District 3 Councilperson—District 4 Councilperson—District 5 Councilperson—District 6 Councilperson-at-large—Position A Councilperson-at-large—Position B. The mayor and the two (2) councilpersons-at-large shall be elected by a majority vote of the city at large. The city shall be divided, as described below in subsection b, into six Supp. No. 11 6 • • 12.01 CHARTER 12.01 (6) districts, Districts 1, 2, 3, 4, 5 and 6, and one councilperson shall be elected from each district by majority vote of the resident voters of such district. b. Formation of districts. City council shall divide the city into six (6) districts which are reasonably compact, contiguous and of as nearly equal population as practicable. It shall be the duty of city council to establish the boundaries of six (6) districts covering the entire city for the purpose of electing district councilpersons. Such boundaries shall be established by ordinance, which shall be final for purposes of this Charter. The first such establishment shall be made as soon as practicable prior to the first city election following adoption of this section. Any subsequent estab- lishment shall be made when required by this Charter. Promptly following the addition of territory to the city by a boundary change, the city council shall, by ordinance, add such territory to an adjacent district or districts. Immediately following publication of the 1980 federal • census, and at least every five (5) years thereafter, city council shall conduct an investigation and determine the population of the city and the population of each of the districts from which district councilpersons are to be elected. Each such determination shall be based upon the best available data, including, but not limited to, the most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final determination for purposes of this Charter. After any such determination, if the distribution of population among the various districts is determined by city council to be materially unbalanced, the city council shall establish new boundaries for the election of district councilpersons. c. Election. All candidates for city council shall be voted on and elected separately for positions and districts on said city council, and each candidate shall be designated on the official ballot according to the title of such position or district to which he seeks election. 0 Supp. No. 11 7 L01 1 A PORTE CODE 12.03 Any candidate for office receiving a majority of all the • votes cast for the office for which he is a candidate shall be. elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast for all the candidates for such office, the city council shall call a run-off election to be held not less than twenty-one (21) days nor more than thirty (30) days after the regular election, at which run-off election the two (2) candidates receiving the highest number of votes shall be voted for again. In the event of a tie in the vote for the two (2) leading candidates, at the regular election, the city council shall hold a second election not less than twenty-one (21) days nor more than thirty (30) days after the regular election, at which said second election the candidates receiving such tie votes shall be voted for again. d. Term of office. The mayor and councilpersons'shall each hold their respective offices for a term of three (3) years and until their successors shall have been elected and duly qualified. 2.02. Qualifications. • a. Enumerated. The mayor and councilpersons shall be resident electors of the city at the time of filing foroffice, and continuously during their terms of office. (A_ district cbuiicilperson shall also be a resident of -his district at the time,of_filing for office and continuously during his term of Office. b. Council to be judge of members' qualifications. City council shall be the judge of the election and qualifications of .its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of council in any such case shall be subject to review by the courts. 2.03. Conduct of elections. a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event there should be any failure of the general laws or this Charter to provide for 8upp. Na 11 8 41 § 2.03 CHARTER § 2.04 some feature of the city elections, city council shall have the power to provide for such deficiency, making all regulations it considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this Charter, with any regulations made by council or the laws of the State of Texas. No informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the Charter and ordinances of the city. b. Schedule. 1. Regular election. The regular election for choice of members of council shall be held annually on the first Saturday of April. is 2. Special election. Council may be ordinance or resolution order a special election, fix the time for holding same and provide necessary means. 2.04. Vacancies in city council. a. Candidacy elsewhere. If the mayor or any council person shall announce his candidacy, or shall in fact become a candidate, in any general, special or primary election for any office of profit or trust under this Charter or the laws of Texas or the United States, other than the office he has held, at any time when the unexpired term of the office then held shall exceed one year, such announcement or such candidacy shall constitute an automatic resignation of the office then held. b. Procedure. _a vacancy .occurs. for .any reason in the office of mayor or councilperson,C,ou�cii.shall call a speci`aY.election-within..one hundred twenty (120) days. At said election the vacant office or offices shall be filled under the provisions of this Charter. • Supp. No. 11 9 12.04 LA PORTE CODE 12.04 c. Filing for office. Each candidate for public office must: 1. Be a qualified voter in the city. 2. File sworn application with the city secretary at least thirty (30) days prior to the election date. 3. Post the required filing fee: For mayor: Not to exceed the sum of one hundred dollars ($100.00). For councilperson: Not to exceed the sum of fifty dollars ($50.00). The riling fees shall be used to defray the cost of the election and said fee shall be prorated and any surplus shall be refunded to said candidates. In lieu of posting such fee, a candidate may submit a petition requesting that his name be placed on the ballot. Said petition shall bear a number of signatures of qualified electors who are residents of the city, which number shall not be less than five (5) per cent • of the total vote cast at the most recent regular election in which a councilperson was elected or fifty (50), whichever is the lesser number. Each signer shall indicate his address and the number and county of his voter registration certificate. 4. File for only one city office. d. Official ballots. The full names of all candidates for mayor or council as hereinbefore provided, except such as may have withdrawn, died or become ineligible,. shall be printed on the official ballots without party designations. If two (2) candidates with the same surnames, or with names so similar as to be likely to cause confusion, file for office, their occupations or the addresses of their places of residence shall be placed with their names on the ballots. The order of the names on the ballot shall be determined by lot. e. Canvassing elections. Returns of the elections, general and special, shall be made by the .election officers to council Sum Na 11 10 0 § 2.04 CHARTER § 2.08 • promptly following said election, at which time council shall canvass and declare the results of such election. 2.05. Compensation. Each councilperson and the mayor shall receive for his services a salary in an amount determined by the council, not to exceed the sum of twenty-four hundred dollars ($2,400.00) per year for the mayor, and twelve hundred dollars ($1,200.00) per year for each councilperson. 2.06. Original meeting of new council. On the first Monday next following the regular municipal election held on the first Saturday of April, or as soon thereafter as practicable, -city council shall meet at the usual place for holding meetings, and the newly elected members shall qualify and assume the duties of office. At such meeting council shall select one of its members to serve as mayor pro tem, who shall serve for a one year term and until his successor is appointed and has qualified. • 2.07. Meetings. a. Frequency. City council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of council shall be open to the public; special meetings shall be called by the city secretary upon request of the mayor or three (3) councilpersons. b. Rules. City council shall determine its own rules and order of business. c. Journal. City council shall keep a journal of its proceedings. Such journal shall be open to public inspection. 2.08. Duties of mayor. The mayor shall preside at meetings of council and shall be entitled to vote upon all matters it considers. The mayor shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by • Snpp. No. 11 11 2.08 LA POSTE CODE 12.09 this Charter and the ordinances of the city. He shall be • recognized as the head of the city government for all ceremonial purposes, by the courts for civil process, and by the government for purposes of military law. In times of public danger or emergency, the mayor shall take command of the police, maintain order and enforce the law. If a vacancy occurs in the office of mayor or in the case of his absence or disability, the mayor pro tem shall act as mayor until a successor is elected and has. qualified or until the mayor is again able to assume his duties of office. 2.09. Powers of council. All powers of the city and the determination of all matters of policy shall be vested in city council. Council shall execute the laws and administer the government of the city. Without limitation of the foregoing and among the other powers that may be exercised by council, the following are hereby enumerated for greater certainty: a. Adopt budget of the city. b. Authorize the issuance of bonds by a bond ordinance. • c. Inquire into the conduct of any office, department, agency or officer of the city and make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misde- meanor and shall be punishable by fine. Council shall enact an ordinance to enforce this provision. d. Establish and appoint the members, of the planning commission. e. Adopt plats. f. Adopt and modify the official map of the city. g. Adopt, modify and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. Sapp Na 11 12 g 2.09 CHARTER f 2.10 • h. Adopt, modify and carry out plans proposed by the planning commission for the replanning, improve- ment and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. L Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings calculated to increase the fire hazard and the manner of their removal or destruc- tion. j. Approve assessment rolls as returned to it by the board of equalization and adopt same as the assessment rolls to be used for the collection of taxes for the current year. • k. Control and distribute all contingent appropriations. Expenditures from a contingent appropriation shall require prior approval of council. 'A contingent appropriation shall be disbursed only by transfer to a departmental appropriation, the spending of which shall be charged to the department or activity for which the appropriation is made. 2.10. Additional discretionary powers. In addition to the above powers and without limitation of such, city council shall have the power to, and may at its discretion, do any or all of the following: a. Public library. Council shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm, associa- tion or corporation under such terms as council may prescribe for the establishment of such free public library. For budget purposes, the library shall be considered as a department of the city .and the • Supp. No. 11 13 I L10 LA PORTE CODE s 2.10 appropriations therefor shall comply with all the • budgetary requirements as outlined in this Charter and as may be prescribed from time to time by council. b. Hospital. 1. Operation. The city shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise, all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospi- tal. Upon establishment of such hospital, council shall create a hospital board with membership and compensation deemed appropriate by council, which shall operate the hospital subjedt only to such direction and supervision as shall be contained in any ordinance or ordinances enacted by council. 2. Finances. All funds belonging to said hospital, whether classed as funds received in course of • operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall submit a quarterly operating statement to council, and an annual audit to coincide with the fiscal year of the city. c. Zoning. 1. Power. For the purposes of promoting the health, safety, morals or general welfare of the city, council may by ordinance regulate the - location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence and other purposes. Sapp No,11 14 0 § 2.10 CHARTER J 2.10 • 2. Procedure. Should council enact regulations under subsection 1. above, it shall establish a zoning commission and may establish a zoning board of adjustment. (a) Zoning commission. (1) The zoning commission shall recommend to council the location of zoning districts and restrictions therein, and shall hold public meetings on such recommenda- tions. (2) Commission members shall receive such compensation as council may deem appro- priate. (3) Council may combine the duties of said commission with the duties of the plan- ning commission, as provided in section 2.09 a through j, to form a planning and zoning commission. • (b) Zoning board of adjustment. (1) The zoning board of adjustment may, in appropriate cases and subject to appropri- ate conditions and safeguards, make special exceptions to the terms of a zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. (2) Board members shall receive such com- pensation as council may deem appropri- ate. 3. Generally. All of the powers granted by Revised Civil Statutes of Texas, Articles 1011a. to 1011j., inclusive, relating to zoning in cities, are hereby adopted and made a part of this Charter. d. Housing authority. Council may create a housing authority of such number, terms and compensation of • $upp. No. 11 15 L10 LA PORTE CODE I all members as council may determine and may delegate • to the housing authority such powers relating to the planning, construction, reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as council may deter- mine. 2.11. Ordinances. a. Passage. I. Procedure. Every ordinance shall be introduced in written or printed form, and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten (10) days from the date of its passage. The city secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in • the city at least once within ten (10) days of its passage according to the provisions of Revised Civil Statutes, Article 1013. He shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the Charter, and the date of such publication and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and modification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in Article VII of this Charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of city council. Every ordinance shall be authenticated by the signature of the mayor and city secretary and shall be systemati- cally recorded in an ordinance book in a manner approved by council. It shall only be necessary to Sapp. No. 11. 16 • 12.11 CHARTER $ 3.01 • record the caption or title of ordinances in the minutes of journal of council meetings. 2. Codifications. Council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as council deems advisable. Such printed code, when adopted by council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper and shall be admitted in evidence in all courts and places without further proof. b. Additional ordinances. In addition to such acts of council as are required by statute or by this Charter to be by ordinance, every act of council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. c. Enacting clause. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF • THE CITY OF LA PORTE." ARTICLE III. ADMINISTRATION 3.01. City manager. a. Appointment and qualifications. City council shall appoint a city manager, who shall be chosen solely on the basis of his executive and administrative training, experi- ence and ability. No member of city council shall, during the term for which he is elected and for one year thereafter, be appointed city manager. b. Term and salary. The city manager may be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. The action of city council in suspending or removing the city manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility of such action in city council. • Supp. No. 11 17 I Lot LA PORTS COOS 13.01 Council shall set a salary for the city manager as it deems • appropriate. c. Duties. Except as provided elsewhere in this Charter, the city manager shall be the chief executive officer and head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end he shall have power and be required to: 1. Devote all his working time and attention to the affairs of the city. 2. Appoint and, when necessary for the good of the city, remove all city officers and employees except those for which this Charter provides otherwise. He may authorize the head of a department to appoint and remove subordinates in such department. 3. Prepare the budget annually, submit it to council and be responsible for its administration after adoption. 4. Prepare and submit to council, as of the end of the • fiscal year, a complete report on the finances and administrative activities of the city for the preceding yam- 5. Keep council advised of the financial condition and future needs of the city and make such recommenda- tions as may seem to him desirable. 6. Perform such other duties as may be prescribed by this Charter or required of him by the council, not inconsistent with this Charter. 'd. Provisions for absence. Within thirty (30) days after taking office, the city manager shall designate by letter filed with the city secretary a qualified administrative officer of the city to perform his duties during his temporary absence or disability. Upon receipt of said letter, the city secretary shall advise council -of its contents. Said letter shall be in force and effect for the duration of the city 'manager's employ 'or until he files another such letter. BuM Na 11 is 0 § 3.02 CHARTER f 3.04 • 3.02. Administrative departments. a. Creation. There are hereby created the following administrative departments: Finance, police, fire, law, public works, health, parks and recreation, and water and sewer. Council may by ordinance create or abolish offices, departments or agencies other than the offices, departments or agencies established by this Charter. b. Consolidaton. Council may consolidate or redesignate any of the offices, departments and agencies. c. Directors. The city manager shall appoint a director to supervise and control each department. When necessary for the good of the city, the city manager may remove any such director. Such director shall be an officer of the city and shall have supervision and control of his department, subject to the supervision of the city manager. Two (2) or more departments may be headed by the same individual, and directors of departments may also serve as chiefs of divisions. The city manager may head one or more departments. d. Divisions. The work of each administrative department may be distributed among such divisions thereof as may be established by ordinance or this Charter. ' 3.03. City secretary. With the advice and consent of city council, the city manager shall appoint a competent person to be secretary of the city. The city secretary shall: a. Give notice of council meetings. b. Authenticate by his signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions. c. Perform such other duties as may be assigned to him by council or elsewhere in this Charter. 3.04. Municipal court. a. Establishment. There shall be established and maintained a municipal court with all powers and duties as • Supp. No. 11 19 1 &04 LA FORTE CODE 13.05 are now, or may hereafter be, prescribed by the laws of the • State of Texas for municipal courts. b. Municipal judge. City council shall appoint a compe- tent attorney, duly licensed by the State of Texas, to be judge of the municipal court. He shall serve at the pleasure of council and shall receive compensation as may be fixed by council. c. Alternate municipal judge. Council shall have the power to create and appoint additional judges as provided by law. d. Court clerk. Subject to the approval of the municipal judge, the city manager shall appoint a municipal court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto and generally do and perform any and all acts usual and necessary by clerks of court in conducting the business thereof. e. Coats and fines. All costa and fines imposed by the municipal court, or any court in cases appealed from its judgmenta, shall be paid into the city treasury for the use and benefit of the city. 3.O5. City attorney. City council shall appoint a competent attorney, duly licensed by the State of Texas, to be city attorney and head of the department of law. He shall be appointed and removed at the will and pleasure of council by a majority vote of the entire council, and shall receive compensation as may be fixed by council. The city attorney, or other attorneys selected by him with the approval of Council, shall represent the city in all litigation. He shall be the legal advisor of, and attorney and counsel for, the city and all offices and departments thereof. Sam Na 11 20 0 ! 4.01 CHARTER 1 4.01 ARTICLE IV. BUDGET 4.61. Preparation and submission of budget. At least forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to council a proposed budget with required attachments. For such purpose, at such date as he shall determine, he shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department or agency, detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the city manager shall review the estimates, may hold hearings thereon and may revise the estimates, as he may deem advisable. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain the following: • 1. A consolidated statement of receipts and expendi- tures for all funds. 2. An analysis of property valuations. 3. An analysis of tax rate. 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. 5. A detailed listing of the resources of each fund. 6. A summary of proposed expenditures within such funds by department, function and classification. 7. A revenue and expense statement for all outstand- ing bonded debt. 8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, maturity dates and amount outstanding. 9. The appropriation ordinance. 10. The tax -levying ordinance. • 3upp. No. 11 21 14.01 LA PORTS CODR 14.01 b. Attachments to budget. 1. Budget message. The city manager shall prepare a budget message which shall be submitted with the budget. It shall contain an outline of the proposed financial policies of the city for the fiscal year and describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous years in expenditures and revenue items and shall explain any major changes in financial policy. 2. Supporting schedules. Attached to the budget shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital outlays, as the city manager shall believe useful to council. & Comparison tables. The city manager may prepare tables in which various items may be compared with those of previous years and shall attach such to the budget. • (a) Anticipated revenues. In parallel columns opposite the several items of revenue, there shall be placed the actual amount of such item for the first six (6) months of the current year, the budgeted amount for the current fiscal year, and the proposed amount for the ensuing fiscal year. (b) Proposed expenditures. The proposed expendi- tures for the administration, operation, main- tenance and capital outlay of each office, department or agency of the city shall• be itemized by character and object. In -parallel columns opposite the various items of expend- itures, there shall:. be placed the actual amount of such -items- of expenditures for the last completed' fiscal • year, the estimated amount for the current fiscal year and the proposed amount for the ensuing fiscal year. Sum Na 11 22 0 § 4.01 CHARTER ! 4.03 c. Balanced budget. The total estimated expenditures of the general fund and debt service fund shall not exceed the total estimated resources of each fund (prospective income plus cash on hand). The classifi- cation of revenue and expenditure 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 nationally accepted classification. 4.02. Availability of proposed budget. The proposed budget and all attachments shall be a public record in the office of the city secretary, open to public inspection. The city manager shall cause sufficient copies of such to be prepared for distribution to interested persons. 4.03. Budget adoption. a. Publication of notice of public hearing. At the meeting of city council at which the budget and attachments are • submitted, council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which council will hold a public hearing. b. Public hearing. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, city council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. c. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all members of the whole council. d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal year. Should council take no final action on or prior to such day, the budget as submitted by the city manager shall be deemed to have been finally adopted by council. • Supp. No.11 23 14.03 LA PORTS CODE 15.01 Upon final adoption, the budget shall be in effect for the fiscal year. 4.04. Public record. a. Fled. A copy of the budget as finally adopted shall be filed with the city secretary. b. Availability. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments and agencies, and for the use of interested persons and civic organizations. 4.05. Effect of approved budget. From the effective date of the budget: a. The several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. b. .The amount stated therein as the amount to be raised • by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. 4.06. Fiscal year defined. The fiscal year of city government shall begin on the first day of October and end on the last day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year. ARTICLE V. FINANCE ADMINISTRATION 5.01. Division of taxation. There shall be established in the department of finance a division of taxation, the head of which shall be the city tax assessor -collector. a. Property subject to tax; method of assessment. All real and personal property within the city not SuM Na 11 24 0 5.01 CHARTER § 5.01 expressly exempted by law shall be subject to annual taxation at its true market value. Each person, partnership and corporation owning property within the limits of the city shall between the first day of January and the thirty-first day of March of each year, hand to the tax assessor -collector a full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the first day of January of the current year. In all cases of failure to obtain a statement of real and personal property from any cause, the tax assessor -collector shall ascertain the amount and value of such property and assess the same as he believes to be true and full value thereof, and such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. b. Board of equalization. 1. Membership. City council shall each year, prior to • the first day of March, appoint three (3) residents who are qualified voters as the board of equaliza- tion. Such board shall choose from its membership a chairperson. A majority of said board shall constitute a quorum for the transaction of business. The tax assessor -collector shall be ex officio secretary of the board. 2. Compensation. Members of the board while serving shall receive such compensation as council may deem appropriate. 3. Powers and duties. In order that all property within the city shall be assessed as uniformly as possible, the board of equalization shall have the power and duty to: (a) Adopt regulations regarding the procedure of assessment review. 0 $upp. No. 11 25 1 &01 LA PORTE CODE ; &01 (b) Review, on complaint of property owners, assessments for the purpose of taxation of both real and personal property within the city made by the assessor -collector. (c) Examine and, if necessary, revise the assess- ments returned by the tax assessor -collector and as previously set by the board. (d) Administer oaths, take testimony, hold hear- ings and compel the production of all books, documents and other papers pertinent to the investigations 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) Certify its approval of the assessment rolls and have them returned to the tax assessor - collector, immediately upon completion of the board's work. 4. Records. The board shall be required to keep an • accurate record of all its proceedings, which record shall be available for public inspection. 5. Public hearing and notice to owner. At the same meeting that city council appoints the board of equalization, it shall by ordinance fix the time of the first meeting of the board which shall be on the tenth day of May, or as soon thereafter as practicable. After such first meeting, the board may reconvene and adjourn from time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any person in relation to the assessment roll. Whenev- er said board shall find it their duty to raise the value of any property appearing on the lists or books of the 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) nor more than fifteen (15) days from the date of adjournment and shall SuM Na 11 26 • § 5.01 CHARTER § 5.01 • cause the secretary of said board to give written notice to the owner of such property or to the person rendering same of the time to which said board has adjourned, and that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may be served by depositing the same, properly ad- dressed, and postage paid, in the city post office. c. Payment of taxes. 1. When due and payable. All taxes due the city shall be payable at the office of the assessor -col- lector 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 following the year for which the tax was levied, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as city council may is provide by ordinance. 2. Tax liens. The tax levied by the city is hereby declared to be a lien, charge or encumbrance upon the property upon which tax is due, which lien, charge or encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city, for the amount of taxes due on such property, is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against nonresidents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, which lien may be foreclosed in any court having jurisdic- tion. • 9upA Na 11 27 ! 5.02 LA PORTE CODE 15.03 5.02. Purchase procedure. S All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be changed, and no contract or order shall be binding upon the city unless and until the city manager or his designee approves the same and certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Before the city makes any purchase or contract, . opportunity shall be given for competition. Council may by ordinance confer upon the city manager general -authority to contract for expenditures without further approval of council for budgeted items not exceeding three thousand dollars ($3,000.00). All contracts for expenditures involving more than three thousand dollars ($3,000.00) must be expressly approved in advance by council. All contracts or purchases involving ' more than three thousand dollars ($3,000.00) shall be let to the lowest bidder, considering quality, after there has been opportunity for competitive bidding as provided for by law or ordinance; provided that council or the city manager, in such cases as he is authorized to contract for the city, shall have the right to reject any and all bids. Contracts for professional services for which bidding is prohibited by law shall not be let on competitive bids. 5.03. Alterations in contracts. Except in case of emergency, alterations in any contract not to exceed twenty-five (25) per cent of the total contract May be made when authorized by: council upon' written recommendation of the city manager; provided that such alteration is acceptable to the other party to the contract. When such recommended change is for an amount not more than five thousand dollars ($5,000.00), council may authorize the city manager to approve such alterations. Supp. Na 11 28 • § 5.04 CHARTER § 5.05 • 5.04. Fees shall be paid to city. All fees for city services received by any officer or employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of the finance department. 5.05. Borrowing. a. Negotiable notes. In any fiscal year, city council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the city which shall mature and be payable not later than the end of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than par and accrued interest at private sale by the director of the finance department without previous advertisement, but such sale shall be authorized by council. Such notes shall be in anticipation of either of the following: 1. Property taxes. Notes authorized in anticipation of the • collection of property taxes in a fiscal year shall be designated "tax anticipation note for the year " (stating the fiscal year). 2. Other revenues. Notes authorized in anticipation of the collection or receipt of other revenues shall be designated "special revenue note for the year " (stating the fiscal year). b. Capital improvements. 1. Power and authority to incur indebtedness. The city shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the city for permanent public improvements and to issue its general obligation bonds, revenue bonds, . refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant, to and in accordance with the present or hereinafter adopted or amended general and special laws of this state applicable to home rule cities, except as such power 0 $upp. No. 11 29 15.05 I.A PORTE CODE $ 5.07 and authority is expressly limited or denied by this • Charter, or any amendments hereto. 2. Referendum on bond ordinance. Each bond ordinance passed pursuant to a purpose which has been authorized by majority vote of the voters of the city at an election shall not be subject to referendum. Each bond ordinance relating to bonds not authorized by the qualified voters of the city shall be subject to permissive referendum on petition pursuant to the provision of Article VI of this Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise. 3. Public sale of all bonds. No bonds issued under this Charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at is once in the official newspaper of the city, both of such publications to be made not less than ten (10) days prior to the date set for such sale. 5.06. Disbursement of funds. All checks, vouchers or warrants for the withdrawal of funds from the city depository shall be executed in accord with the provisions of this Charter and shall be signed by the city manager or his deputy and counter -signed by a member of city council. . 5.07. Independent audit. Prior to the end of each fiscal year, council shall designate a practicing certified public accountant, who is licensed by the State of Texas, to make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit a report to council. Notice shall be given by publication in the official Sapp Na 11 30 § 5.07 CHARTER § 6.03 newspaper in the city that the annual audit is on file at the city hall for inspection. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. He shall not maintain any accounts or records of the city business, but, within specifications approved by council, shall post -audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. 5.08. Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. ARTICLE VI. INITIATIVE, REFERENDUM AND RECALL • 6.01. Power of initiative. The electors shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power known as the initiative. 6.02. Power of referendum. The electors shall have power to approve or reject at the polls any ordinance' passed by council, or submitted by council to a vote of the electors, except as provided in section 5.05, such power being known as the referendum. Ordi- nances submitted to council by initiative petition and passed by council without change shall be subject to the referendum in the same manner as the other ordinances. 6.03. Procedure for initiative or referendum petition. a. Form of petition. 1. Text. Initiative petition papers shall contain the full text of the proposed ordinance. • $upp. No. 11 31 f 6.03 LA PORTE CODE $ 6.03 2. Signatures. 40 (a) The signatures to initiative or referendum peti- tions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. (b) The petition shall be signed by qualified electors of the city equal in number to at least fifty (50) per cent of the number of votes cast in the last regular municipal election. 3. Circulators. There shall appear on each petition the names and addresses of five (5) electors, who, as circulators, shall be regarded as responsible for the circulation and- filing of the petition. 4. Affidavit. Attached to each separate petition paper • there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine signatures of the persons whose names they purport to be. b. Submission of petition. 1. Filing. All petition papers comprising an initiative or referendum petition shall be assembled and Filed with the city secretary as one instrument. 2. Examination. Within twenty (20) days after •a petition is filed, the city secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The city secretary shall declare any petition paper entirely invalid which does not have attached thereto an Sapp. Na 11. 32 0 6.03 CHARTER § 6.03 • affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures present shall be accepted unless void on other grounds. 3. Certification. (a) Procedure. After completing his examination of the petition, the city secretary shall certify the result thereof to city council at its next regular meeting. If he shall certify .that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the circulators of his findings. (b) Effect. When a referendum petition or amended petition has been certified as sufficient by the city • secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. c. Amendment of petition. An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the city secretary, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city secretary shall, within five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the circulators of his findings and no further action shall be had on such insufficient petition. d. Refiling not prejudiced. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. • 3upp. No. 11 33 cod 1 A POIrM CODN 9 805 6.04. Consideration of referendum or initiative by • council. Whenever city council receives a certified initiative or referendum petition from the city secretary, it shall proceed at onbe to consider such petition and shall take final action on it within sixty (60) days after the date on which it was submitted to council. a. Initiative. A proposed initiative ordinance shall be read and provision made for a public hearing on such before the time set for final action. b. Referendum. A referred ordinance shall be considered by council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance in the referendum petition be repealed?" 6.05. Election on referendum or initiative. a. Submission to electors. If council shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth in the petition therefor, or • if council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors on the next election day as . established by the laws of the State of Texas. Council may, in its discretion, and if no regular election is to be held on such day shall, provide for a special election. b. Form of ballot. Ordinances submitted to vote of electors in accordance with this article shall be submitted by ballot title, which shall be -prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or referred 'ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. Below the ballot title shall. appear the following propositions, one preceding the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any Supp. Na 11 34 9 f 6.05 CHARTER $ 6•08 • paper ballot used for voting thereon shall be for that purpose only. c. Results. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 6.06. Amendment of initiative or referendum ordi- nances. Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by council, as in the case of other ordinances. 6.07. Power of recall. The mayor or any councilperson may be removed from • office by recall. No recall petition shall be filed against the mayor or a councilperson within six (6) months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6) months after such election. 6.08. Procedure for recall petition. a. Affidavit. Any elector of the city may make and file with the city secretary an affidavit containing the name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. b. Petition blanks. Upon receipt of said affidavit, the city secretary shall deliver to said elector copies of petition blanks demanding such removal. The city secretary shall keep a sufficient number of printed petition blanks on hand for distribution. Such blanks when issued shall: 1. Be signed by the city secretary. • Supp. No. 11 35 US LA PORTS CODE 5 e09 2. Be addressed to city council. • 3. Be numbered and dated. 4. Indicate the name of the person to whom issued. 5. Indicate the name of the officer whose removal is sought. 6. Indicate the number of such blanks issued. The city secretary shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number issued to said person. c. Return of petition. To be effective, the recall petition must: 1. Be signed by qualified electors of the city equal in number to at least fifty (50) per cent of those who were qualified voters and voted on the date of the last regular municipal election, and at least one-half of the qualified voters constituting such fifty (50) per cent signing the petition shall make affidavit, to be filed • with the petition, to the effect that they voted for the person whose recall is sought, in the election at which he was last elected. 2. Be returned and filed with the city secretary within thirty (30) days after the filing of the affidavit required in section 6.08a. 6.09. Recall election. a. Submission. The city secretary shall at once examine the recall petition and, if he finds it sufficient and in compliance with the . provisions of this article, he shall within five (5) days submit it to city council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice, council shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next election day as established by the laws of the State of Texas. Sapp Na 11 36 • • 6.09 CHARTER ! 7.01 b. Ballots. Ballots used at recall elections shall conform to the following requirements: 1. With respect to each person whose removal is sought the question shall be submitted "Shall (name of person) be removed from the office of (name of office) by recall?" 2. Immediately below each such question there shall be printed the two (2) following propositions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)." c. Results. If a majority of the votes cast at a recall election shall be against the recall of the officer named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as in other vacancies. 6.10. District judge may order election. Should city council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the Charter, then it shall be the duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the Charter. ARTICLE VII. FRANCHISES AND PUBLIC UTILITIES 7.01. Enfranchisement. a. Power of council. City council shall have power by ordinance to grant, amend, renew and extend all franchises • Supp. No. • 11 37 7.01 LA PORTE CODE 17.01 of all public utilities of every character operating within the • city. All ordinances granting, amending, renewing or extending franchises for public utilities shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the notice and caption of such ordinance, noting the place where the full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the official newspaper of the city, and the expense of such publication [is] to be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of council expressed by ordinance. b. Exten8ion8. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be operated as such, and shall be' subject to all the obligations and reserved rights contained in this Charter and in - any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in section 7.02a. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. c. Other conditions. All franchises heretofore granted are recognized as contracts between the city and the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of this Charter, except that the power of the city to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions containd in the 8npp. No. 11 38 0 f 7.01 CHARTER f 7•02 various sections of this article whether or not such terms are specifically mentioned in the franchise. When the city chooses to exercise its power of eminent domain to acquire any public utility, the procedure to be used in such acquisition shall be as set forth in Revised Civil Statutes of Texas, Articles 3264 through 3271, inclusive. In valuing the property, the measure of damages shall be the fair market value of the physical properties taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the city in a franchise ordinance. Prior to the purchase of any existing franchised utility system, either according to the terms of the franchise or by eminent domain, city council shall submit the question of purchase to the voters of the city, and such must be approved by a majority of those voting. Nothing in this Charter shall operate to limit in any way, • as specifically stated, the discretion of council or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. 7.02. Regulation. a. Right of regulation. All grants, renewals, extensions or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city: 1. To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. 2. To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. 0 Supp. No. 11 39 17.02 LA PORTS CODE 17.04 3. To establish reasonable standards of service and quality of products and prevent unjust discrimination in service of rates. 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the form of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system of accounts for said utility prescribed by the appropriate state and federal utility regulatory agencies. 5. To examine and audit the accounts and other records of any such utility at any time and to require annual and other reports, including reports on local oper- ations by each such public utility. 6. To impose such reasonable regulations and restric- tions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public. 7. To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. ' • b. Regulation of rates and service. Council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating within the city. Such power shall be subject to the exercise of power in each area of each utility by the appropriate agencies of state and federal government. 7.03. Franchise records. Within six (6) months after this Charter takes effect, every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises, owned or claimed, or under which such utility is operated in the city. The city shall compile and maintain a public record of public utility franchises. 7.04. Accounts of municipality -owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true Sum Na 11 40 • 7.04 CHARTER $ 7.06 • and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves and surplus, also revenues, operating expenses, including depreciation, inter- est payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. City council shall annually cause to be made by a licensed certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information specified in this section or such data as council shall deem expedient, in accordance with section 5.08. • 7.05. Franchise value disallowed. The value of the franchise granted by the city shall not be included in fixing reasonable rates and charges for utility service within the city or in determining the just compensa- tion to be paid by the city for public utility property which may be acquired by eminent domain or otherwise. 7.06. Consent of property owners. The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this Charter or in any franchise granted thereunder shall be construed to deprive any such property owner of any rights of action for damage or injury to his property as now or hereafter provided by law. • Supp. No. 11 41 1 &01 LA PORTE CODE .I 802 ARTICLE VIII. GENERAL PROVISIONS • 8.01. Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any person, any representative of a citizen's organization or any representative of the press during normal business hours, as provided in the Texas Open Records Act, Revised Civil Statutes Article 6252-17a. 8.02. Employers and officers. a. Personal financial interest. No member of city council or any ,officer or employee of the -city shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract or in the sale to the city, or to a contractor supplying the city, of any lands or rights of interests in any land, material, supplies or service. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any • violation of this section with the knowledge expressed or implied of the person or corporation contracting with the city shall render the contract voidable by council. b. Employment interest. No one who has been elected to city office shall be employed in a nonelective office by the city within the term for which he was elected or for one year thereafter.' c. Nepotism. No person related, within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager shall be employed or appointed to any office, position or clerkship of the city. This prohibition shall not apply, however, to any person who shall have been employed for two (2) years or more by the city at the time of the election or appointment of the officer to whom he is related. d. Bonds. Council shall require bonds of all municipal officers and employees who receive or pay out any monies of the city. The amount of such bonds shall be determined by Sum Na 11 42 40 § 8.02 CHARTER § 8.02 • council and the cost thereof borne by the city. Council shall set the bond amount for the city manager and the director of finance at an amount not less than ten thousand dollars ($10,000.00). e. Oath of office. 1. Elected officers. Every elected officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city secretary: «I do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or • promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was, elected. So help me God." 2. Appointed officers. Every appointed officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirma- tion, to be filed and kept in the office of the city secretary: 641, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable • Supp. No. 11 43 802 LA PORTS CODE I US thing, or promised any public office of employment, • as a reward to secure my appointment or the confirmation thereof. So help me God." f. Discharge. Council shall be authorized -to discharge at any time, with or without a hearing, as council may elect, any officer, employee or clerk which it appoints. The city manager shall be authorized to discharge at any time, with or without a hearing, as the city manager may elect, any officer, employee or clerk which he appoints. g. Injuries; insurance. City council shall have authority to provide the rules and regulations for maintaining employees when injured and disabled while performing their duties, and it may provide for such plan of insurance as it deems proper. h. Pensions. City council may establish a pension plan for any employee who has been employed by the city for twenty (20) years and who shall have reached the age of fifty-five (55), or may adopt in lieu thereof any pension system available to cities under state law. The amount of said Is shall be graded and proportioned to the average salary received by the employee during the whole period of his employment. All those falling under the head of employees in this Charter and who are employed by the city when the same takes effect shall be entitled to a credit for the years of service heretofore served; provided, however, that any payment under this provision shall never constitute a waiver or stop the city from asserting any defenses it might have under section 1.06. 8.08. Assignment, execution and garnishment of city property. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment or sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand Bapp Na 11 0 § 8.03 CHARTER § 8.06 • or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors. 8.04. City not required to give security or execute bond. It shall not be necessary in any action, suit or proceeding in which the city is a party for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any court, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be as liable as if security of bond had been duly executed. 8.05. Effect of this Charter on existing law. All ordinances, resolutions, rules and regulations now in • force under the city government of the city and not in conflict with the provisions of this Charter shall remain in force under this Charter until altered, amended or repealed by city council after this Charter takes effect; and all rights of the city under existing franchises and contracts are preserved in full force and effect to the city, and any unissued bonds and revenue bonds, or installments thereof, heretofore authorized at an election held in said city shall not be affected by the adoption of this Charter, but the right to sell, issue and deliver same, in whole or in part, in keeping with the provisions of the laws under which they were voted is hereby expressly reserved. 8.06. Amending this Charter. a. Amendments may be proposed and submitted to the electors of the city by ordinance passed by a majority vote of the full membership of city council or by a petition signed by qualified voters of the city in number not less than five (5) per cent thereof or twenty thousand (20,000) signatures, • SuM No. 11 45 I US LA PORTE CODE 18.07 whichever is less. Such petition shall in all other respects • conform to the provisions of Article VI. When a properly drawn petition has been duly filed, council shall provide by ordinance for submitting such proposed amendments to a vote of the electors at an election to be held not less than thirty (30) days nor more than ninety (90) days after the passage of said ordinance. If the next regular municipal election is to be held during said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special, election shall be called for the purpose. Notice of the election shall be given by publication thereof in the official newspaper on the same day in each of two (2) successive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. The form of such notice shall be as prescribed by this Charter, including a substantial copy of the proposed amendment or amend- ments. Each amendment submitted shall contain only one subject and shall be printed separately on the ballot, each • proposed amendment being followed by designations for the voter to vote for the amendment or against the amendment. Each proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the Charter. The city secretary shall enter notice into the- records of the city declaring the same adopted. b. This section is subject to the provisions of Revised Civil Statutes of Texas Annotated, Article 1170, and Election Code, Article 2.01 et seq. 8.07. Severability clause. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in ftm Na 11 46 0 § 8.07 CHARTER § 8.09 • meaning and effect with the section or part of section to which such holding shall directly apply. 8.08. References to laws. All references within this Charter to laws of the State of Texas or of the United States are to be construed as meaning such laws as now or hereafter amended or superseded. 8.09. Approval of this Charter. a. Copies to electors. In not less than thirty (30) days prior to the election provided in subsection b., the city commission shall cause the city clerk to mail a copy of this Charter to each qualified voter of the city, as listed on the current voter registration list. b. Submission of Charter to electors. The charter commit- tee in preparing this comprehensive Charter amendment finds and decides that it is impracticable to segregate each • subject so as to permit a vote of "yes" or "no" on the same, for the . reason that the Charter is so constructed that in order to enable it to work and function, it is necessary that the comprehensive amendment be adopted in its entirety. For these reasons the charter .committee directs that said amended Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the city at an election to be held for that purpose on the 9th day of August, 1980. The form of ballot to be used in such election shall be as follows: FOR THE ADOPTION OF THE AMENDED CHARTER. AGAINST THE ADOPTION OF THE AMENDED CHARTER. c. Results of vote for adoption. If a majority of the qualified electors voting in such election shall vote in favor of the adoption of the Charter, and after the returns have been canvassed, the city clerk shall file an official copy of the Charter with the records of the city. The city commission shall at its next meeting declare this Charter adopted. The • Supp. No. 11 47 1 &09 IA PORTE CODE 1 s.10 clerk shall furnish the mayor a copy of said Charter, which • copy of the Charter so adopted, authenticated and .certified by his signature and the seal of the city, shall be forwarded by the mayor to the Secretary of State of the State of Texas and shall show the approval of such Charter by majority vote of the qualified voters voting at such election. 8.10. Provisions for transition. a. Tenure of officers during transition. From and after the date of. the adoption of this Charter and until the completion of the first election under this Charter to be held on the first Saturday in April, 1981, and the qualification of the councilpersons therein elected, the present qualified and acting commissioners and mayor shall constitute city council.. Such city council shall possess all the powers provided by this Charter. After said election and until the election to be held on the first Saturday in April, 1982, and the qualification of the councilpersons and mayor therein elected, the present qualified and acting commissioner —Position 2 shall serve as • councilperson-at-large—Position A; the present qualified and acting commissioner —Position 4 shall serve as coun- cilperson-at-large—Position B; and the present qualified and acting mayor shall serve as mayor. These councilper- sons and mayor, along with the councilpersons elected and qualified as provided in subsection b, below, shall, for the duration of their terms of office, compose city council and shall possess all the powers provided by this Charter. b. Original election of mayor and councilpersons. Coun- cilpersons representing districts shall be elected at the election to be held on the first Saturday in April, 1981, for terms of office as follows: Councilperson—District 1, three-year term Councilperson—District 2, one-year term Councilperson—District 3, one-year term Councilperson—District 4; two-year term Councilperson—District 5, two-year term Councilperson—District 6, three-year term. Sapp. Na 11. 48 § 8.10 CHARTER § 8.10 Councilpersons-at-large and the mayor shall be elected at the election to be held on the first Saturday in April, 1982, for terms of offices as follows: Councilperson-at-large—Position A, one-year term Councilperson-at-large—Position B, two-year term Mayor, three-year term. Following these terms of office, all councilpersons and the mayor shall be elected to three-year terms, according to the provisions of Article II of this Charter. 0 • Supp. No. 11 49 [The next page is 101) CHARTER COMPARATIVE TABLE • Date Disposition 3-22-49 1- 134 4-22-58 3 4-22-58 12 4-22-58 15 8-28-69 10 8-23-69 12- 14 8-23-69 21 8-23-69 33 8-23-69 49- 56 8-23-69 83, 119 8-23-80 1.01-1.06, 2.01-2.11, 3.01-3.05, 4.01-4.06, 5.01-5.08, 6.01-6.10, 7.01-7.06, 6.01-8.10 • 0 Supp. No. 11 101 (The next page is 1053 . • CHARTER INDEX A AFFIDAVITS Section Municipal court clerk's power to administer ............ 3.04(d) ANNEXATIONS Boundaries of city, modification of ..................... 1.03 Boundaries of city. See that title City council districts Adding annexed territory to an adjacent district or districts ........................................ 2.01(b) APPROPRIATIONS. See: Finances ASSESSMENTS. See: Taxation ASSIGNMENT City property, assignment of .......................... 8.03 ATTORNEY. See: City Attorney AUDIT Required at end of fiscal year; report; notice of availability • for inspection .................................... 5.07 B BLIGHTED AREAS Rehabilitation plans for City council's power to adopt, modify and carry out ... 2.09(g) BOND ISSUES Authorizing; power of city council ..................... 2.09(b) Charter effect on unissued bonds and revenue bonds or installments thereof .............................. 8.05 City's power and authority re ......................... 5.05(b)(1) Public male of ........................................ 5.05(b)(3) Referendum on bond ordinance ....................... 5.05(b)(2) BONDS,.SURETY OR PERFORMANCE City not required to give .............................. 8.04 Officers and employees of city ..... ................... 8.02(d) Officers and employees. See that title BOUNDARIES OF CITY City council districts Adding annexed territory to adjacent district or districts 2.01(b) Established .......................................... 1.02 Snpp. No. 11 1067 LA PORTE CODE • BOUNDARIES OF CITY—Cont'd. Section Map of city City council's power to adopt and modify ............. 2.09(f) Modification of ...................................... 1.03 BUDGET OF CITY Administration of .................................... 3.01(c)(3) Adoption ............................................ 2.09(a), 4.03 Attachmentsto ...................................... 4.01(b) Balanced budget ..................................... 4.01(c) City manager to prepare and submit to city council ..... 3.01(c)(3) City secretary Copy of adopted budget filed with .:................. 4.04(a) Contentsof .......................................... 4.01(a) Copies for city offices ................................. 4.04(b) Effect of approved budget ............................ 4.05 Fiscal year defined .................................... 4.06 Message on budget from city manager ................. 4.01(b) Preparation and submission of ........................ 4.01 Public inspection, availability of proposed budget for .... 4.02 Supporting schedules, exhibits and other explanatory materials........................................ 4.01(b) BUILDINGS Blighted areas Rehabilitation of, plans for, powers of city council ..... 2.09(g) • Slum districts Plans for clearance of, powers of city council .......... 2.09(g) C CENSUS, FEDERAL City council election districts, effect on ................ 2.01 Elections. See that title CEREMONIES Mayor as ceremonial head of city government........... 2.08 CHARTER Adoption of Results of vote favoring ............................. 8.09(c) Amendmentsto ...................................... 8.06 Approval of .......................................... Electors 8.09 Copies of charter provided to, approval or disapproval of charter by ................................... 8.09. Existing law, effect of charter on ........................ 8.06 Severability......................................... 8.07 State laws, references to .............................. 8.08 Transitional provisions ............................... 8.10 United States, references to laws of .................... 8.08 Sapp. No. 11 1068 • CHARTER INDEX CITY Section Boundaries of ........................................ 1.02, 1.03 Boundaries of city. See that title Ceremonial head of city government; mayor ............ 2.08 Form of government .................................. 1.04 Incorporationof ..................................... 1.01 Population of Formation of city council districts, effect on .......... 2.01(b) Powersof ........................................... 1.05 CITY ATTORNEY Appointment, compensation, removal; head of department oflaw ........................................... 3.05 Department of law Headof ........................................... 3.05 Duties.............................................. 3.05 CITY COUNCIL Budget of city. See also that title Public hearing and adoption of ...................... 4.03 Candidacy of councilpersons for other office; automatic resignation....................................... 2.04 Compensation ....................................... 2.05 Composition of ...................................... 2.01 Contracts for city purchases • Alterations in, authorization by council ............... 5.03 Council approval required for 5.02 Purchasing. See that title Discharge of city officers and employees by ............. 8.02(f) Disbursement of funds Checks, vouchers or warrants Countersigning by member of city council........... 5.06 Districts Numbering and formation of ........................ 2.01 Elections. See that title Original',election of council persons .................. 8.10(b) Form of government; city council form ................. 1.04 Initiative, referendum, recall .......................... 6.01 et seq. Initiative, referendum and recall. See that title Judge of members' election and qualifications .......... 2.02(b) Mayor. See also that title Presiding at council meetings with vote ............... 2.08 Meetings Frequency.......................................... 2.07(a) Journal of proceedings; keeping; open to public inspec- tion........................................... 2.07(c) Notice of, city secretary to give ...................... 3.03 Original meeting ................................... 2.06 Presiding officer ................................... 2.08 Rules and order of business ......................... 2.07(b) • Supp. No. 11 1069 LA FORTE CODE'd. CITY COUNCIL—Cont Section Powersof ........................................... 2.09 Additional discretionary powers ..................... 2.10 Qualifications of members, council to be judge of........ 2.02(b) Removal from office by recall ......................... 6.07 Initiative, referendum and recall. See that title Residence requirement ............*.......... . ...... 2.02(a) Resignation of councilpersons Candidacy for other office; automatic resignation ...... 2.04 Term of office ....................................... 2.01(d) Transition provisions; composition of council ........... 8.10 Vacancies, filling ..................................... 2.04\ CITY MANAGER Absence of Designating officer to perform duties during .......... 3.01(d) Appointment ........................................ 3.01(a) Budget of the city, city manager to propose and submit; budget message .................................. 4.01 Departmental directors Power to appoint and remove ....................... 3.02(c) Disability of Designating officer to perform duties during .......... 3.01(d) Discharge of city officers and employees by ............. 8.02(f) Disbursement of funds Signature required on checks, vouchers or warrants .... 5.06 • Duties ............ ................................... 3.01(c) Qualifications ........................................ 3.01(a) Salary............................................... 3.01(b) Term of office ....................................... 3.01(b) CITY SECRETARY Appointment of; duties ............................... 3.03 Damage suite against the city Special provisions for notifying secretary ............. 1.06 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Ordinances, passage of Notice given by city secretary; signature authenticating 2.11(a) CITY TAX ASSESSOR -COLLECTOR Board of equalization Ex officio member of ............................... 5.01(b) Taxation. See that title Division of taxation, head of .......................... 5.01 Taxation. See that title CLAIMS AGAINST THE CITY Special provisions for damage suits .................... 1.06 Supp. No.1l 1070 0 CHARTER INDEX • CODE OF ORDINANCES City council's power to authorize codifications .......... CONDEMNATION Power of city; condemnation of property; eminent domain CONTRACTS Franchises recognized as., ........................... Franchises. See that title Power of city to enter into ............................ Purchasing. See that title CORPORATE SEAL Power of city to use .................................. COUNCIL. See: City Council COURTS Codifications of ordinances Admissible as evidence in courts ..................... Municipal court. See that title D DAIRIES Power of city to inspect ............................... • DEPARTMENTS AND OTHER AGENCIES OF CITY City council's power to create or abolish ................ Consolidation or redesignation of ...................... Creation of administrative departments ................ Directors (heads) of departments Appointment and removal of, supervisory and control functions of .................................... Authority to appoint and remove subordinates ........ Estimates of revenue and expenditures and other supporting data supplied by ..................... Requisitions from for purchases and contracts executed bycity ......................................... Divisions of departments ............................. Heads of departments. See within this title: Directors Housing authority. See that title Inquiries into conduct of Power of city council ............................... Law, department of. See: City Attorney Library, public. See that title Records and accounts of Public access to .................................... Taxation; board of equalization ........................ Taxation. See that title Zoning commission and zoning board of adjustment. See: Zoning • Supp. No.11 1071 Section 2.11(a)(2) 1.05(b) 7.01(c) 1.05 1.05 3.02(a) 3.02(b) 3.02(a) 3.02(c) 3.01(c)(2) 4.01 5.02 3.02(d) 2.09(c) 8.01 5.01(b) LA PORTE CODE • DEVISES Section Power of city to dispose of property ................... 1.05 DISTRICT JUDGE Initiative, referendum and recall ....................... 6.10 Initiative, referendum and recall. See that title E ELECTIONS Applicability of regulations ........................... 2.03(a) Ballots Official ballots, printing of candidates' names on without party designations ....................... 2.04(d) Recount in case of doubt or fraud .................... 2.03 Candidates Filing for office .................................... 2.04(c) Resignation of mayor or councilpersons Candidacy for other office as grounds for ........... 2.04 Canvassing returns and declaring results ............... 2.04(e) Census. federal Effect on election districts for city council ............ 2.01 Charter Amendments to, elections for ........................ 8.06 Charter Submission to electors for approval or disapproval..... 8.09 • City council candidates Separate election of; designation on ballot; majority vote; run-off elections; tie votes .................. 2.01(c) Conduct of .......................................... 2.03 Councilpersons-at-large, election of .................... 2.01 Franchise utility system Voter decision on purchase of ........................ 7.01 Franchisee. See that title Fraud, prevention of ................................. 2.03 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Majority vote Successful candidates receiving ...................... 2.01(c) Recount of ballots in case of doubt or fraud ............ 2.03 Run-off elections, holding ............................. 2.01(c) Schedule of regular and special elections ............... 2.03(b) Special elections ...................................... 2.03(b) Tie votes, second election to decide .................... 2.01(c) Voters and voting Majority vote decides successful candidates ........... 2.01(c) Tie votes, second election to decide .................. 2.01(c) Sum No. 11 1072 • CHARTER INDEX • EMERGENCIES Section Contracts for city purchases, alterations in ............. 5.03 Purchasing. See that title Mayor to command police, maintain order and enforce law during........................................... 2.08 EMINENT DOMAIN Power of city ........................................ 1.05(b) Utility property, right of city to acquire ................ 7.01(c) Franchises. See that title EMPLOYEES OF CITY. See: Officers and Employees F FINANCES Appropriations Contingent appropriations Power of city council re ........................... 2.09(k) Initiative of electors; proposing ordinances Exclusion of ordinances appropriating money ....... 6.01 Initiative, referendum and recall. See that title Lapse of appropriations at end of year ............... 5.08 Assessments Property tax, method of assessment of ............... 5.01 • Taxation. See that title Audit Certified public accountant to perform; report; public notice of availability for inspection ............... 5:07 Bond issues. See that title Borrowing Negotiable notes; capital improvements .............. 5.05 Budget of the city ............................... 2.09(a), 4.01 et seq. Budget of the city. See that title Capital improvements Borrowing power and authority of city; bond issues .... 5.05(b) City manager Annual report on finances, etc.; advising city council on financial condition and future needs of city ....... 3.01(c)(4), (5) Classification of revenue and expenditure accounts ...... 4.01(c) Department of Division of taxation Established; head ................................. 5.01 Fees for city services, payment to department ......... 5.04 Disbursement of funds Checks, vouchers or warrants for withdrawal of funds Signatures required ............................... 5.06 Expenditure of funds or contracting indebtedness Ordinance required for .............................. 2.11(b) • Supp. No. 11 1073 LA POATE CODE • FINANCES—Cont'd. Section Fees paid to city ..................................... 5.04 Fiscal year .......................................... 4.06 Budget of city in effect for .......................... 4.03(d) Ordinance required to expend funds or contract indebted- ness............................................. 2.11(b) Public utilities, city -owned and operated Annual report of financial results .................... 7.04 Municipally -owned utilities. See: Franchises (Public utilities) Report, annual, on finances and administrative activities of city ........................................... 3.01(c)(4) FINES, FORFEITURES AND OTHER PENALTIES Municipal court costs and fines ' Imposition, payment and use of ...................... 3.04(s) Ordinance required to establish fine or other penalty .... 2.11(b) FIRE LIMITS City council's power to establish and designate and to regulate building construction within ............... 2.09(i) FIRE PREVENTION Fireproof buildings City council's power to provide for erection of......... 2.09(i) FISCAL YEAR is Finances. See that title FRANCHISES (Public utilities) City council Power to grant, amend, renew and extend franchises... 7.01(a) Rates and service, power to regulate ................. 7.02(b) Consent of property owners ........................... 7.06 Contracts between city and grantee Prior franchises recognized as ....................... 7.01(c) Elections Voter decision on purchase of existing franchise utility systems ........................................ 7.01(c) Eminent domain Right of city to acquire utility property • • • • • • • • • • • • • • 7.01(c) Extensions of public utilities within the city limits ...... 7.01(b) Municipally -owned utilities, accounts of ................ 7.04 Nontransferability;exception .......................... 7.01(a) Prior franchises recognized as contract between city and grantee .......................................... 7.01(c) Property owners, consent of ........................... 7.06 Rates City council's power to regulate ...................... 7.02(b) Records ............................................. 7.03 Supp. No. 11 1074 0 CHARTER INDEX • FRANCHISES—Cont'd. Section Regulatory right of city ............................... 7.02 Service City council's power to regulate ...................... 7.02(b) Value of franchise disallowed .......................... 7.05 G GARBAGE AND TRASH Power of city to prescribe rules and regulations for handling, disposition, charges and compensation..... 1.05(b)(4) GARNISHMENT City property, garnishment of ......................... 8.03 GIFTS Power of city to acquire property ...................... 1.05 H HEALTH AND SANITATION Hospital. See that title HOSPITAL Board City council's power to create and to establish compen- sation 2.10(b) Finances . .......................................... 2.10(b)(2) HOUSING AUTHORITY City council's power to create and regulate and delegate powers .......................................... 2.10(d) I IMPROVEMENTS Capital improvements City's power and authority to borrow money for; issuance of bonds ............................... 5.05(b) Street improvements Exclusive dominion, control and jurisdiction of city.... 1.05(2)(b) INCORPORATION City, incorporation of ................................. 1.01 INITIATIVE, REFERENDUM AND RECALL Amendment of initiative or referendum ordinances ...... 6.06 City council Consideration of referendum or initiative by .......... 6.04 Failure or refusal to order initiative or referendum elections ....................................... 6.10 Supp. No.11 1075 LA PORTE CODE INITIATIVE, REFERENDUM AND RECALL—ConVd. Section City secretary Recall petitions Issuance of petition blanks; return and examination of petitions by secretary ....................... 6.08(b), (c) Referendum and initiative petitions Filing of petitions for referendum or initiative; examination by secretary; certification; amend- ments........................................ 6.03(b) District judge Ordering elections .................................. 6.10 Election City council Failure or refusal to order elections; power of district judge........................................ 6.10 District judge may order ............................ 6.10 Recall election ...................................... 6.09 Referendum or initiative ............................ 6.06 Petitions Procedure for initiative or referendum petitions ....... 6.03 Power of initiative ................................... 6.01 Powerof recall ....................................... 6.07 Power of referendum ................................ . 6.02 Proposing ordinances; power of initiative ............... 6.01 Recall s Election .......................................... 6.09 Petition for ..................................... 6.08 Powerof .......................................... 6.07 INSURANCE Officere and employees, insurance for injuries or disability 8.02(g) Officers and employees. See that title J JUDGE District judge ............................ 6.10 Initiative, referendum and recall. See that title Municipal judge. See: Municipal Court L LA PORTE, CITY OF. See: City LEASES Power of city to acquire and dispose of property ........ 1.05 LIBRARY, PUBLIC Department of city, public library deemed to be ........ 2.10 Power of city council to establish and maintain ......... 2.10 Supp. No.11 1076 0 CHARTERINDEX M MANAGER. See: City Manager Section MAP OF CITY City council's power to adopt and modify .............. 2.09(f) MAYOR Absence of mayor Mayor pro tem to act as mayor ...................... 2.08 Candidacy for other office; automatic resignation of mayor........................................... 2.04 City council. See also that title Compensation ....................................... 2.05 Disability of Mayor pro tem Acting mayor in case of absence or disability of mayor....................................... 2.08 Duties.............................................. 2.08 Elections Original election of ................................. 8.10(b) Form of government; mayor and council ................ 1.04 Ordinances Signature authenticating ............................ 2.11(a) Removal from office by recall ......................... 6.07 • Initiative, referendum and recall. See that title Residence requirements ............................... 2.02(a) Signature to authenticate ordinances ................... 2.11(a) Term of office ....................................... 2.01(d) Vacancies Filling ............................................. 2.04 Mayor pro tem to act as mayor ...................... 2.08 MILITARY LAW Mayor recognized as head of city government for purposes Of............................................... 2.08 MORTGAGES Power of city to dispose of property ................... 1.95 MUNICIPAL COURT Clerk of court Appointment of clerk and deputy clerks; powers ...... 3.04(d) Costs and fines imposed by Payment and use of ................................ 3.04(e) Established; powers and duties ........................ 3.04(a) Fines. See within this title: Costs and Fines Judge Alternate judge .................................... 3.04(c) Appointment of; qualifications; compensation ......... 3.04(b) 0 Supp. No.11 1077 LA PORTE CODE MUNICIPAL COURT—Cont'd. Section i Seal of Court clerk's power to affix ........................: 3.04(d) N NEPOTISM Officers and employees of city .......................... 5.02(c) . Officers and employees. See that title NEWSPAPERS Annual audit, announcement of availability for inspection 5.07 Codification of ordinances Newspaper publication not required .................. 2.11(a)(2) Official newspaper of the city Ordinances, announcements of passage of ............. 2.11 NUISANCES Power of city to define and prohibit ................... 1.05(b)(5) 0 OATH, AFFIRMATION, SWEAR OR SWORN City council investigations; power to administer oaths ... 2.09(c) Elected and appointed officers of city; oath of office required ......................................... &02(s) Municipal court clerk's power to administer oaths and affidavits ........................................ 3.04(d) • OFFICERS AND EMPLOYEES Appointments City manager's power to make ....................... 3.01(c) Heads of departments Authorization to appoint subordinates .............. 3.01(c)(2) Assignment of wages or funds of employees ............. &03 Bond, surety or performance required .................. 8.02(d) City attorney. See that title City secretary. See that title Conflict of interest ................................... 8.02(a) Discharge of ......................................... &02(f) Elected officials Employment in nonelective city offices ............... &02(b) Financial interest in contracts 'or firma doing business with the city prohibited .....................•...... &02(a) Injured persons Rules and regulations for maintaining; providing insur- ance........................................... 8.02(g) Inquiries into conduct of City council powers to subpoena witnesses, administer oaths and compel production of books, papers and other evidence .................................. 2.09(c) Supp. No.11. 1078 • CHARTER INDEX OFFICERS AND EMPLOYEES—Contd. Section Insurance Injured and disabled employees, insurance for ........ 8.02(g) Municipal judge and municipal court clerk. See: Municipal Court Nepotism ........................................... 8.02(c) Oath of office Sample forms for elected and appointed officials ...... 8.02(e) Pensions and retirement City council's power to establish pension plan; eligibility of employees ................................... 8.02(h) Removal City manager's power ............................... 3.01(c) Heads of departments Authorization for removal of subordinates .......... 3.01(c)(2) Transitional provisions after adoption of charter Tenure of officers during ............................ 8.10 ORDINANCES, RESOLUTIONS, ETC. Additional ordinances ................................ 2.11(b) Bond ordinance Authorizing issuance of bonds; power of city council ... 2.09(b) Referendum on .................................... 5.05(b)(2) Bond issues. See that title • City secretary Signature for authentication of ordinances; recording .. 3.03 Codifications ........................................ 2.11(a)(2) Enacting clause ...................................... 2.11(c) Existing law, effect of charter on ...................... 8.05 Initiative, referendum and recall ....................... 6.01 at seq. Initiative, referendum and recall. See that title Mayor Signature authenticating ordinances .................. 2.11(a) Passage of ordinances ................................ 1.05,2.11(a) Signatures authenticating ............................. 2.11,3.03 P PARKS AND RECREATION Power of city to police parks or grounds ................ 1.05(b)(5) PENSIONS AND RETIREMENT Officers and employees of city ......................... 8.02(h) Officers and employees. See that title PERSONAL INJURY Claims against city for ................................ 1.06 PETITIONS Charter amendments, petitions for ..................... 8.06 Initiative, referendum and recall ....................... 6.01 at seq. Initiative, referendum and recall. See that title • Supp. No.11 1079 1 A PORTS CODE PLANNING COlV1IVI BSION Section City counc0's power to establish and appoint members .. 2.09(d) Disasters causing destruction of areas or districts Replanning, reconstruction or redevelopment of; adop- tion, modification and • execution of plans by city council ................................ 2.09(h). Neighborhoods, replanning, improvement and redevelop- ment of, adoption. modification and execution of plena bycity council ................................... 2.09(h) Slum districts and blighted erase Plans for clearance and rehabilitation City couneWs power to adopt. modify and carry out 2.09(g) PLATS AND PLATTING City cou ncWs power to adopt plats .................... 2.09(e) PLEAS Power of city to implead and be impleaded ............. 1.05 POLLUTION Water supply of city Power of city to prohibit pollution of streams, drains or tributaries and provide for policing ............... 1.06(b)(6) POPULATION OF CITY City council districts Balancing of 2.01(b) • potion ............................. Density of population, city coumciPs power to regulate ... 2.10(c) PROCESS. Sew Write. Warrants and Other Process PROFESSIONAL SERVICES Contracts for by city . Competitive bidding Prohibited ...................... 5.02 PROPERTY City -owned property Assignment. executl m and garnishment of ............ &05 City's power to acquire and dispose of .................. 1.05 Public utility construction, extension, maintenance or operation Consent of abutting and adjacent property owners not required far. rights of action for damage or injury.. 7.06 Taxation. Sea that tide PUBLIC DANGER Mayor to command police, maintain order and enforce law during........................................... LOS PUBLIC UTII.ITIBB. Sex Utilities Sump. No,11 1080 • CHARTER INDEX PURCHASING Section Bids and bidding Contracts or purchases valued at over three thousand dollars Competitive bidding required for .................. 5.02 Contracts Alterations in ...................................... 5.03 Approval.......................................... 5.02 Power of city to acquire property ...................... 1.05 Professional services, contracts for Competitive bidding prohibited ...................... 5.02 Requisitions for purchases made by city ................ 5.02 R REAL ESTATE Taxation. See also that title Liens on taxable property ........................... 5.01(c)(2) RECALL Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title RECORDS, PUBLIC Departments and other agencies of city Public access to records and accounts of .............. Departments and other agencies of city. See that title 8.01 Franchise records .................................... 7.03 Franchises. See that title RECREATION. See: Parke and Recreation Bond ordinance, referendum on ........................ 5.06(b)(2) Bond issues. See that title Initiative, referendum and recall ........................ 6.01 et seq. Initiative, referendum and recall. See that title RESOLUTIONS. See: Ordinances, Resolutions, Etc. S SANITATION. See: Health and Sanitation SEAL. See: Corporate Seal SECRETARY. See: City Secretary SEWERS. See: Water and Sewers SIDEWALKS. See: Streets and Sidewalks 0 Supp. No.11 1080.1 IA PORTS CODE SLAUGHTERHOUSES AND PENS Section Power of city to inspect ............................... 1.05(b)(5) SLUM DISTRICTS Plans for clearance of City council's power to adopt, modify and carry out ... 2.09(g) STATE Cooperation with; power of city ....................... 1.05(a) Zoning; state statutes adopted ......................... 2.10(c)(3) STREETS AND SIDEWALKS City's power to establish, widen, alter, close, abolish, supervise, maintain and improve, etc ................ 1.05(b)(2) . Improvements Power of city; dominion, control and jurisdiction over streets, etc ...................................... 1.05(b)(2) SUBPOENAS City council investigations Power to subpoena witnesses ........................ 2.09(c) SUITS, ACTIONS AND OTHER PROCEEDINGS Damage suits against the city, special provisions for ..... 1.06 Power of city to sue and be sued ...................... 1.05 Security or bond, city not required to give or execute in suits, etc ......................................... &04 T TAXATION Assessments City council's power to approve assessment rolls and adopt same ..................................... 2.09(j) Board of equalization Assessment rolls returned by, approval and adoption of 2.09(j) Membership; compensation; powers and duties; records; public hearing and notice ........................ 5.01(b) Budget of city. See also that title Property tax levy determined in ..................... 4.05 Division of taxation Established; head .................................. 5.01 Initiative of electors; proposing ordinances Tax levy ordinance excluded ........................ 6.01 Liens on taxable property ............................. 5.01(c)(2) Notes authorized in anticipation of tax or revenue collection ........................................ 5.05(a) Payment of taxes When due and payable; tax liens ..................... 5.01(c) Sapp, No. 11 1080.2. 40 CHARTER INDEX TAXATION—Cont'd. Section Property tax Assessment of. method of ........................... 5.01(a) Budget of the city, determination of property tax levy by 4.05 Notes authorized in anticipation of collection of ....... 5.05(a) TEXAS, STATE OF. See: State TRASH. See: Garbage and Trash U UNITED STATES GOVERNMENT Cooperation with; power of city ....................... 1.05(a) UTILITIES Eminent domain power of city; acquisition of public utilities .......................................... 1.05(b) Franchises ........................................... 7.01 et seq. Franchises. See that title W WATER AND SEWERS Sewers and sewage disposal City's power to provide system and require connections 1.05(b)(3) • Water supply and distribution Pollution of water supply Power of city to prohibit pollution of streams, drains or tributaries and provide for policing and protection of watersheds ....................... 1.05(b)(5) WRITS, WARRANTS AND OTHER PROCESS Mayor recognized by courts for civil process ............ 2.08 Z ZONING Board of adjustment Establishment of, duties ............................ 2.10(c)(2) City council's power to regulate dimensions and location of buildings and other structures, size of yards and open spaces, density of population and uses ......... 2.10(c) Commission Establishment of; duties ............................ 2.10(c)(2) State statutes re Adopted........................................... 2.10(c)(3) Zoning board of adjustment. See within this title: Board of Adjustment Zoning commission. See within this title: Commission Supp. No. 11 0 1080.3 revenues of the city or for whose collection the city is re- sponsible and receive all. money receivable 1-;.. the ..+., -P-- ... 4-w- ..y .. ... ... �,, as vliL 41lG state or federal government, or from any court, or from any office, department or agency of the city. (o) Serve as ex officio city treasurer and shall have custody of all public funds belonging to or under the control of the city, or any office, department or agency of the city government, and deposit all- funds coming into his hands in such deposi- tories as may be designated by resolution of the Commission, or if no resolution Ibe adopted, by the Mayor, subject to the requirements of law as to surety and the payment of interest .on deposits, but all such interest shall be the property of the city and shall be accounted for and credited to the proper account. (9) Have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity, and have the safe -keeping of all bonds and notes of the city and. the receipt and delivery of city bonds and' notes for transfer, registration or exchange. (10) Supervise and be responsible for the purchase, storage; and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government. (11) Approve all proposed expenditures; unless he "shall certify that - there is an unencumbered. balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made. Section 61—Transfer of Appropriations The director of finance may at any time with the approval of the Commission transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the director of finance and within the last three months of the budget year, the Commission may by .resolution transfer any unencumbered appropri- ation balance or portion thereof from one office department or agency to another. Section 62—Accounting Supervision and Control The director of finance shall have power and shall be required to: (1) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government. (2) Examine and approve all contracts, orders and other documents -by which the city government incurs financial obligations, hav- previously ascertained that moneys have been appropriated and allotted and will The available vhen the obligations shall become due and payable. (3) Audit and approve before payment all bills, invoices, pay rolls -and other evidences of claims, demands or charges against the city government and with the advice of the city attorney de- termine the regularity, legality and correctness of such claims, demands or charges. 18 (4) Inspect and audit any accounts or records of financial trans- actions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the accounts ke-+ ia V 1.:a rr:__ v" .'AA111OG. 63—Appropriations lapse at end of year All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. Section 64—Fees shall be paid to city government All fees for city services received by any officer or employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of finance. Section 65—Division of purchases i#= There shall be established in the department of finance, a division 4a of purchases. The division of purchases, pursuant to rules and regu- lations established by ordinance, shall contract for purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the city government. The division of purchases shall also have power and shall'be required to: (1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government; (2) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quan- tity, and conformance with specifications; (3) Have charge of such general storerooms and warehouses as the Commission may provide by ordinance; (4) Transfer to or between offices, departments or agencies, or rwith the approval of the Commission sell surplus, obsolete, or unused supplies, material and equipment. Section 66—Sale of city property; procedure for Before the city makes any sale or contract for the sale of any prop- erty belonging to the city, either in the form of land, real estate or other properties, having an estimated value of $500.00 or less, oppor- tunity shall be given for open competition by posting notices • of said sales in not less than three public places within the corporate limits of the city of La Porte for a period of at least ten days prior to date of said sale. And in all sales of property valued at more than $500.00, the prop- erty shall be advertised for sale and bids in the local newspaper, the contract of -sale shall be -awarded to the highest responsible bidder after such public notice and competition as may be tprescribed, pro- vided the Commission shall have the power to reject all bids and ad- vertise again. These same procedures shall be used whenever the city acts as transfer agent. Section 67—Purchase procedure Before the city makes any purchase for supplies, materials, equip- ment or contractural services, opportunity shall be given for compe- tition. The director of findhee shall have authority to make expendi- tures without the approval of the Commission for all budgeted items not exceeding $100.00. Any expenditure involving more than $100.00 19 must be expressly approved in advance by the Commission. All con- tracts or purchases involving more than $1,000.00 shall be let to the best bid by •a responsible bidder after there has been an opportunity for competitive bidding. Whervan expenditure of more than $2,000.00 is involved, notice of the time and place, when -and where such con- tract shall Ibe let shall be published in the official newspaper of the City of La Porte once a week for two consecutive weeks prior to the time for making such purchase or letting such contract, the time of -the'first publication to be at least fourteen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the Commission shall have the right to reject any and all bids; and provided further -that nothing herein shall apply to con- tracts for professional services nor to work done. by the city and paid for by the day as such work progresses. Section 68—Contracts for city improvements. Any city improvements costing more than $2,000.00 shall be exe- cuted by contract except where such improvement is authorized by by the Commission to be executed directly by a city department in conformity with detailed plans,specifications and estimates. All such contracts for more than $2,000.00 shall be awarded to the lowest re- sponsible bidder after such public notice and competition as may be 'prescribed, provided the Commission shall have the power to reject all bids and advertise again. Except in case of emergency alterations in any contract not to exceed 50`* of the total contract may be made when authorized by the Commission upon written recommendations of the Mayor; provided that such alteration is acceptable to -the other party of the contract. Section 69—Accounting control of purchases All purchases made and contracts executed by the division of pur- chases shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to -any vendor unless and until the .director of finance certifies that there is to the credit of such office, department or agency a sufficient unencumbered appro- priation_balance to pay for the supplies, materials, equipment or con- tractual 'services for which_ the contract or order is to be issued. Section 70—Disbursement of funds All. checks, vouchers or warrants for the withdrawal of money from the city depository shall be signed by the city treasurer, or his deputy, and countersigned by the Mayor. In the absence of the Mayor, checks may be countersigned by the Mayor Pro Tem. Section 71—Borrowing in anticipation• of property -taxes , In any budget year, in anticipation of the collection of the property tax for such year, whether levied or to be levied in such year, the Commission may by resolution -authorize the 'borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated "tax anticipation note for the year 19 "; (stating the budget year) . Such notes shall mature and be payable not later than the end of the fiscal year in which the original notes shall have been issued. , 20, 67—Purchase procedure. 68—Contracts for city improvements. 69—Accounting control of purchases. 70—Disbursement of funds. 71—Borrowing in anticipation of'property taxes. 72—Borrowing in anticipation of other revenue. 73—Sales of notes; report of sale. Section 57—Director of Finances; Appointment There shall be a department of finance, the head of which shall be appointed by the Commission. The Clerk of the city may- by ordinance be appointed the Director of Finance.' Section 58.—Director of Finance; Qualifications The director of finance shall, have knowledge of municipal account- ing and taxation and shall have had experiences in budgeting -and financial control, and accounting. Section 59.-Director of Finance; Surety. Bond . The director of finance- shall provide a bond with such surety and in such amount as the Commission may require except that such 'bond shall be in an amount of. not less than $5,000.00. Section 60.—Director of Finance; Powers and Duties The director of finance shall have charge of the administration of the financial affairs of the city and to that end he shall.have'the au--, thority and shall be required to: (1) Compile the estimates of revenues and expenditure for the budget as directed by the Mayor.. (2) Supervise and be responsible for the disbursment of all moneys and have control over all expenditures to ensure that budget appropriations. are not exceeded. (3) Maintain a general accounting system for the city govern- ment and each of its offices, departments and agencies; keep books .for and exercise .financial budgetry control over each office, department and agency; keep separate accounts for the items of appropriation contained in"the city budget, each of which accounts shall show the. amount of the appropria- tion, the amounts paid therefrom, the unpaid obligations against it. and the unencumbered balance, require reports of receipts and disbursements from each receviing and spening -agency of tht city government to be made daily or at such intervals as be may deem expedient. (4) Submit to the Commission a monthly statement of all receipts and disbursements in sufficient detail to show the exact fi- nancial conditions 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 prop- erty within the corporate limits of the city for taxation, make all special assessments for the city government, pre- pare tax maps and give such notice of taxes and special as - assessments as may be required by law. (7) Collect -all taxes, special assessments, license fees and other •17 (5) That the bonds to be issued shall mature serially within a stiv- en number of years. - The bond ordinance and the manner of conducting the election shall ii, all respea^.ts confoiva to this ci IL arter and the Kelleral IUWY UI chis State. Section M—Ordinances previously authorized by election not sub.; ject to referendum An ordinance passed pursuant to a purpose which has been author- ized by majority vote of the property taxpaying voters of the city of La Porte at an election held for that purpose shall not be subject to referendum. Section 54—Form and content when two or more projects are com- bined - A bond ordinance may' combine two or more relate8 projects, in which event it shall, for each project, establish a separate appropriar tion -and state separately the estimated maximum costs and amounts of down payments, but shall authorize a single issue of bonds to fin- ance the -aggregate of the appropriations thereby madd. The title of such bond ordinance may state the aggregate of the appropriation, instead of the respective amounts. Section 55—Referendum on bond ordinance Each bond ordinance relating to bonds not authorized by the quali- fied property taxpaying voters of the city. of La Porte, shall be sub- ject to permissive referendum on petition pursuant to the provision of Article 10 of this charter, unless the �bohds are authorized solely for a capital purpose made necessary as the result of fire, flood, or other disaster, or the -bonds are to be issued to finance the improve- ment or extension of a municipally owned or operated utility or other public service enterprise. Section. 56—Public sale All bonds issued under this charter shall be sold at public sale up- on sealed proposals after at least ten days notice published at least once in a publication carrying municipal bond notices and devoted primarily to financial news, and at least ten days notice published at least once in the official newspaper of the city. y, ARTICLE VII FINANCE ADMINISTRATION Section 57—Director of finance; appointment. 58—Director of finance; qualifications. 59—Director of finance; surety bond. 60—Director of finance; powers and duties. 61—Transfers of appropriations. 62—Accounting supervision and control. 63—Appropriations lapse at end of year. 64—Fees shall be paid to city government. 65—Division of purchases. 66—Sale of city property; procedure for. 16 Section 72 Rnrrnwiwvr in Kn tin"�n tivivc !L "a `�-k a v""Krl l e Y Cll tle� In any budget year, in anticipation of the collection or receipt of other revenues of that budget year, the. C;ommigg;nn may by re.-olu- tion authorize the (borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated "special revenue note for the year 19 ", (stating the budget year). Such notes may be renewed from time to time, but all such notes, together with the renewals, shall mature and be payable not later than the end of the fiscal year in which the original notes shall have been issued. Section 73—Sales of note, report ,of sale All notes 'issued pursuant to this article may be sold at not less than par and accrued interest at private sale by the director of finance without previous advertisement, but such sale shall be authorized by the Commission. ARTICLE VIII TAX ADMINISTRATION Section 74—Division of assessment 75—Property subject to tax; method of assessment. 76—Board of equalization; appointment; qualifications. 77—Board of equalization; public hearing; notice to owner. 78—Board of equalization; powers and duties. 79—Board of equalization; records; approval of rolls. 80—Taxes; when due and payable. 81—Seizure and sale of property. 82—Tax liens. Section 74—Division of assessment There shall be establishedd in the department of finance a division of taxation, the head of which shall be the city assessor and collector of taxes. The assessor -collector shall give a surety bond for the faith- ful 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 Commission. Section 75—Property subject to tax; method of assessment All real and personal property within the city not expressly exempt- ed by la* shall be subject to annual taxation at its true market value. Each person, partnership and corporation owning property within the limits of the City of La Porte, shall between the first day of January -and the thirtieth day of March of each year, hand to the city assessor -collector a full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the first day of January of the current year. In all cases of failure to obtain a statement of real and, personal property from any cause, the assessor -collector shall ascertain the amount and value of such prop- erty and assess the same as he believes to be true and full value thereof; and such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. Section 76—Board of equalization; appointment; qualifications The Commission shall each year prior to the first day of March ap- 21 point three residents who shall be qualified voters and real property owners as the board of equalization. Such board shall choose from its membership •a chairman. The city tax assessor -collector shall be. ex-officio secretary of the board. A majority of said boards shall constitute a quorum for the transaction of business. Members of the board while serving shall receive such compensation as may be pro- vided for them by the Commission, not to exceed $25.00 per day. Section. 77—Board of equalization; public hearing; notice to owner At the same meeting that the Commission appoints the board of equalization, it shall by ordinance fix the time of the first meeting of the board which shall be on the tenth day of March, so as soon thereafter as practicable. After such first meeting, the board may reconvene and adjourn from time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any persons in. relation to the assessment roll. Whenever said board shall find it their duty to raise the value of any property appearing on the lists or books of the assessor -collector, it shall, after having examined such lists and books and corrected all errors appearing therein, ad- journ to a day not less than ten nor more than fifteen days from the date of adjournment and shall cause the secretary of said board to give written notice to the owner of such property or to the person rendering same of the time to which- said board has adjourned, and. that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may Ibe served by depositing the same, properly addressed, and postage paid; in the city post office. Section 78—Board of equalization; powers and duties It shall be the duty of such board to examine and, if necessary, revise the assessments as returned by the city assessor -collector, to the end that all property within the city shall be assessed as fairly, and .as uniformly -as possible. The board of equalization shall also have the power to: (1) Review on complaint of property'owners assessments for the purpose of taxation of both real and personal property within the city made by the city assessor -collector; (2) Administer oaths; (3) Take testimony; (4) Hold hearings; (5) Adopt regulations regarding the procedure of assessment re- view; ° (6) Compel the production of '.all books, documents, -and other papers pertinent to the investigations of the taxable values of any person, firm, or corporation having or owning property within the corporate limits of the city sdbject to taxation. Section 79—Board of equalization; records; approval of rolls The board shall be required to keep an accurate record of all its proceedings, which shall be -available for public inspection. Immedi- ately upon completion of its work, the board shall certify its approval of the assessment rolls which shall be returned to the, Commission, which shall thereupon approve the said rolls as returned to it and thereupon adopt the same as the assessment rolls to be used for the 22 tailed account of such expenditures shall be recorded and reported. The proceeds of the contingent appropriation shall be disbursed only by transfer to other departmental appropriations, the spending of which shall be charged to the departments or activities for which the appropriations are made. ARTICLE VI BORROWING FOR CAPITAL IMPROVEMENTS Section 49—Definitions. 50—Power to incur indebtedness -by issuing bonds and notes. 51—Bond ordinance; vote required. 52—Form and content of bond ordinance. 53—Ordinances previously authorized by election not sub- ject to referendum. 54—Form -and content when two or more projects are com- bined. 5k5---Referendum on bond ordinance. 56—Public sale. Section 49—Definitions As used in this charter, "capital project" or "project" means; (a) physical public betterment or improvement and preliminary studies and surveys relative thereto; (b) the ecquisition of property of a permanent nature; (c) the purchase of -equipment for any public betterment or improvement when first erected or acquired. Section 50—Power to incur indebtedness by issuing bonds and notes The city may incur indebtedness by issuing its negotiable bonds, and notes in anticipation of' bonds, pursuant to this charter, to fin- ance -any capital project which it may lawfully construct or acquire, or for any legitimate public purpose. - Section 51—Bond ordinance; vote required The city shall authorize the issuance of bonds by a "Bond • Ordin- ence" passed by the affirmative votes of the majority of all mem- bers of its Commission. Revenue bonds may be issued by the Com- mission under the! .authority of Articles 1111-1118, Revised Civil Sta- tutes of Texas, 1925, as amended, and all other applicable provisions of law 'and the Bond and Warrant Law of 1931. Section 52� Form and content of bond ordinance . The bond order shall provide for proper notice, the calling of the election, the propositions to be submitted and for the form of the ballot. The order shall specify: (1) The purpose for which the bonds are to be issued, and where possible, the probable period of usefulness; (2) The amount thereof; (3) The maximum rate of interest, in the order calling the elee- tion, and the rate or rates of interest, in the ordinance issu- ing bonds; (4) The levy of taxes sufficient to pay interest and sinking fund or retirement of principal; 15 (3) An analysis of property valuations. \=J An Bllil'lysl`J of tax rmty. (5) Tax levies and tax collections by years for at least ten years or for a number of veers for which. records arp a.vA.ilgh1P_. . (6) General fund resources in detail. (7) Summary of proposed expenditures by function, department, and activity. (8) Summary of proposed expenditures by character and object. (9) Detailed estimates of expenditures shown separately by each activity to support the summaries No. 7 and 8 above. Such estimates of expenditures are to include an itemization of posi- tions showing the number of persons having each title and rate of pay. (10) A revenue and expense statement for all types of bonds. (11) A description of all bond issues outstanding, showing rate of interest, date of issue, maturity date, amount authorized, amount issued, and amount outstanding. (12) A schedule of requirements for the principal and interest on each issue of bonds. (13)A special funds section.. (14) The appropriation ordinance. (15) The tax levying ordinance. The total estimated expenditures of the general fund and debt ser- vice fund shall not exceed the total estimated resources of each fund (prospective income plus cash on hand) . The classification of reve- nue and expenditure accounts shall conform as nearly as local condi- tions will permit to the uniform classification as promulgated by the National Committee on Municipal Accounting or some other nation- ally accepted classification. collection of taxes for the current year Section 80—Taxes; when due and payable All tAYCa dlwe tii� i�i+.. e T .. �...L U-1 L -1L1- tl_ _ rr_ _ _ r s vavy a/1 La t V14G shall be paynan le att, Llle offlee o the city 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 1. 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 the Commission may provide by Ordinance. Section 81—Seizure and sale of personal property i The assessor -collector of taxes shall by virtue of his tax rolls have I power and authority to seize and levy upon all personal property and sell the same to satisfy all taxes, together with all penalty, interest and costs due on said personal property by said delinquent to the city. When he seizes personal property for such purposes he- shall keep the same at the expense of the owner until the sale is made, and shall give notice of the time and place of sale of same by posting a written notice at the city hall door and one at another public place within the City of La Porte at least ten days before the date of sale. He shall sell the same to the highest bidder for cash for all taxes, interest, cost and expense of caring for said, property, and shall make an entry in - the book of sales of the amount for taxes, cost and expenses refund- ing surplus to said delinquent. All such sales shall be made at the front door of the city hall. A sale of personal property for delinquent taxes shall convey with it an absolute title subject to the right of the delinquent to redeem the same within ten days,from the date of said sale. Section 46—Anticipated revenues compared with other years Section 82—Tax liens . In parallel columns opposite the several items of revenue there The tax levied by the city is hereby declared to be a lien, charge, shall be placed the actual amount of such item for the last complet- or encumbrance upon the property upon which tax is due, which lien, ed fiscal year, the estimated amount for the current fiscal year, and charge, or encumbrance the city is entitled to enforce and foreclose the proposed amount for the ensuing budget year. in any court having jurisdiction over the same, and the lien, charge Section 47—Proposed expenditures; comparison with other years and encumbrance on the property in favor of the city, for the amount of taxes due on such property is such as to give the state courts juris- The proposed expenditures for the adminsitration, operation, main- diction to enforce and foreclose said lien on the property on which tenance and capital outlay of each office, department or agency of . " the tax is due, not only as against any resident of this state or person the city shall be itemized by character and object. In parallel col- whose residence is -unknown, but also as against non-residents. All umn opposite the various items of expenditures there shall be placed taxes upon real estate shall especially be a lien and a charge upon the the actual amount of such items of expenditures for the last complet- property upon which the taxes are due, which lien may be foreclosed ed fiscal year, the estimated amount for the current fiscal year and in any court having jurisdiction. the proposed amount for the ensuing budget year. . ARTICLE IX • Section 48—.Contingen't appropriation Provision shall be made in the annual budget and in the appropri- NOMINATIONS AND ELECTIONS ation ordinance for a contingent appropriation in an amount not more Section 83—Municipal elections. than five per centum of the total general fund expenditure, to be 84—Regulation of elections. used in the case of unforeseen items of expenditures. Such contin- 85—How to get name on (ballot. gent appropriation shall be under the control of the Commission and 86—Commission ballots. distributed by the Commission. Expenditures from this appropria- 87—Laws governing city elections. t ;on shall be made only in case of estaNished emergencies and a de- 88—Canvassing elections. 14 23 Section, 83—Municipal elections The regular election for the choice of members of the Commission as provided in Article II, Section 12, shall be held every two years on the fourth Tuesday of April. The first such election shall be held on the fourth Tuesday of- April, 1950. The Commission may by ordinance or resolution order a special election, fix the time for holding same, and provide all means for holding such special elections. . Section 84—Regulation of elections The Commission shall make all regulations which it considers need- ful or desirable, not inconsistent with this charter or the laws of the state of Texas, for the conduct of municipal elections, for the preven- tion of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the ap- pointed election authorities, who shall also have power to make such regulations not inconsistent with this charter, with any regulations made by the Commission or the laws of the state of Texas. Section 85—How to get name on ballot Any qualified elector of the city ivho 'is otherwise qualified may have his name printed upon the official ballot for the particular office at any election by filing,his sworn application with the Mayor at least thirty days prior to the election date and having posted' the required filing fee, to be fixed by the Commission as follows: For Mayor ------------- ____Not to exceed the sum of $100.00 For Commissioner_____Not to exceed the sum of $ 5Q.00 The filing fees shall be used to defray the cost of the election and said fee shall {be prorated and :any surplus shall be refunded to said candidates. Section 86—Commission ballots The full names of all candidates for Mayor' or the Commission as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations. If two candidates with the same surnames, or with names so similar as to be likely to cause confusion are nominated, the addresses of their places of residence shall be placed with their names on the ballots: The order of the names on the ballot shall be deter- mined by lot. Section 87—Laws governing city elections -All-city elections shall be governed, except,as otherwise provided by the charter, by ,the laws of the state of Texas governing general and municipal elections, so far as same may be applicable thereto; and in ev&nt there should be any failure of the general laws or this charter to provide for some feature of the city elections, then the Commission shall have the power to provide for such deficiency, and no informalities in conducting a city election shall invalidate the same, if it be conducted fairly -and in substantial compliance with the. general laws, where applicable, and the charter and ordinances of the city. Section 88—Canvassing elections Returns of the elections, general and special, shall be- made by the heard; for or against the estimates or any item thereof. Section 38—Vote required for adoption The budget shall be adopted by the favorable votes of at • least a majority of all members o fthe whole Commission. Section' 39—Date of final adoption; failure to adopt The budget shall be finally adopted not later than the 27th day of .the last month of the fiscal year. Should the Commission take no ,final action on or prior to° such day, the budget as submitted by the Mayor shall be deemed to have been fihally adopted by the Commis- sion. Section 40—Effective date of budget; certification; copies made available Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be filed with the city clerk,. the county:.clerk of Harris County, and the state comp- troller, of public accounts in Austin. The final budget shall be print- ed, memeographed or others reproduced 'and sufficient copies shall be made available for the use of all offices, departments and agen- cies, and for the use of interested persons and 'civic .organizations. Section 41—Budget establishes appropriations From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and bcome appropriated to the several objects and purposes therein named. Section 42—Budget establishes amount to- be raised by property tax From the effective date of budget, the amount stated therein as the amount to be raised by property tax shall constitute a determin- nation of the amount of the levy for the purposes of the city, in the corresponding tax year. Section 43—Budget message; current operations The budget message submitted by the Mayor to the Commission shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the city for the budget year and shall describe in connection therewith the important features of the bud- get plan.. It shall set forth the reasons for salient changes from the previous years in expenditure and revenue items and shall explain any major changes in financial policy. Section 44—Budget message; supporting schedules Attached to -the budget message shall be such supporting sched- ules, exhibits and other explanatory material, in respect to both cur- rent operations and capital outlays as the Mayor shall believe use- ful to the Commission. Section 45—Budget I , The budget shall provide a complete financial plan for the fiscal ` year. It shall contain the following: (1) A budget message. (2) A consolidated statement of receipts. and expenditures for' all funds.. i 24 13 N 38—Vote required for adoption u— ^ V1. 11114:&1 4%UU1/41U11, LA11Uye W U.uUpb 40—Effective date of budget; certification; copies made available 41—Budget establishes appropriation 42—Budget establishes amount to be raised by property tax 43—Budget message; current operations 44—Budget message; supporting schedules 45—Budget 46—Anticipated revenues compared with other years 47—Proposed expenditures; comparison with other .years. 48—Contingent appropriation Section 33—Fiscal year . The fiscal year of the city government. shall begin on the first day of July and shall end on the last day of June of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this charter the term "Budget Year" shall mean the fis- cal year for which any particular budget is adopted and in which it is administered. Section 34—Preparation and submission of budget The Mayor, at least forty-five days prior to the beginning of each budget year, shall submit to the Commission a. proposed budget and an explanatory budget message in the form and with the contents provided. by sections 43 and 45. For such purpose, -at such date as he shall determine, he, or an officer designated by him shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department, or agency detailed by organization -units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the Mayor shall review the estimates, shall hold hearings thereon and may revise the estimates, as he may deem advisable. Section 35—Budget a public record The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk open to- public inspec- tion Iby anyone. The Mayor shall cause sufficient copies of the bud- get and budget message to be prepared for distribution to interested persons. Section 36—Publication of notice of public hearing At the meeting of the Commission at which the budget and bud- get message are submitted, the Commission shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven days after date of publication, at which the Commission will hold a pub- lic hearing. • Section 37—Public hearing on budget At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the Commission shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be 1. election officers to the Commission within five dq.yc fotto.xring said election at which time the Commission shall canvass and declare the results of such elections. ARTICLE X INITIATIVE, REFERENDUM AND RECALL Section 89—Power of initiative. 90—Power`of referendum. 91—Form of petitions; committee of petitioners. 92—Filing, examination and certification of petitions. 93—Amendmnets. 94—Effects of certification of referendum petitions. 95—Consideration by Commission. 96—Submission to electors. 97—Form of ballot for initiated -and referred ordinances. 98—Results of election. 99—Repealing ordinances; publication. 100—Recall ; general. 101—Recall procedure. 102—Recall petitions. 103—Recall election. 104—Ballots in recall election. 105—Results of recall election. 106—Limitations on recalls. 107—District judge may order election. Section 89—Power of initiative The electors shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiative ordinance may be submitted to the -Commission by a petition signed by qualified electors of the city equal in number in at least fifty per centum of the number of votes cast at the last regular municipal election. Section 90—Power of referendum The electors shall have power to approve or reject at the polls any ordinance passed by the Commission, or submitted by the Commission to a vote of the electors, except as provided in Section 55, such power being known as the referendum. Ordinances submitted to the Com- mission Iby initiative petition and passed by the Commission without change shall be subject to the referendum in the same manner as the other ordinances. Within twenty days after the enactment by the Commission of any ordinance which is subject to a referendum, a petition signed by qualified electors of the city equal in number to at least fifty per centum of the number of votes cast at the last pre- ceding regular municipal election may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a, vote of the electors. Section 91—Form of petitions; committee or petitioners Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need 12 25 not all -be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof 'as provided by this section. Each signer of any petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the -place. There shall appear. on each petition the names and addresses of five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only personally circulated the foregoing paper, that it bears a stated number of sig- natures, that all signatures appended thereto were made in his pres- ence, and that he believes them .to be genuine signatures of the per- sons whose names they purport to be. Section 92—Filing,- examination and certification of petitions All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within twenty days after a. petition is filed, the city clerk shall de- termine whether each paper of the petition has a proper statement of the circulator and whether the petition -is signed by a sufficient number of qualified electors. The city clerk shall declare any petition paper entirely invalid which does not have. attached thereto an affi- davit signed by the circulator thereof. I€ a .petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If. a. petition paper -is found to be signed by fewer persons. than the number certified, the signatures shall be ac- cepted unless void on other grounds. After completing his examina- tion of the petition, the city clerk shall certify the result thereof to the Commission at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the par- ticulars in which it is defective and shall at once notify the committee of the petitioners of his findings. Section 93—Amendment of Petitions An initiative or referendum petition may be amended at any time within ten days after the notification of insufficiency has been sent by the city clerk, by filing a supplerrientary petition upon additional papers signed' and filed as provided in case of an original petition. The city clerk shall, within five days after such an -amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findngs and no fur- ther action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Section 94—Effect of certification of referendum petition. When a referendum petition, or amended petition as defined in Section 93 of this charter, has been certified as sufficient by the city clerk, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone 26 �. sion, shall post audit the }books and documents -kept by the depart- ment of finance.=d any separate or subordinate accounts kept'by any, other office, department or agency of the city government. ARTICLE III ii DEPARTMENTS* Section 28—Directors of departments 29—Departmental divisions ' Section 28-Directors of departments ii At the head of each -administrative department there shall be a director, who shall be an officer of the city, and shall have supervi- sion land control of the departments subject to -the Commission. Two. or more departments may be headed by the same individual, and di- rectors of departments may, also serve as chiefs of divisions. Section 29—Departmental divisions . The work of each administrative department may be distributed among such divisions thereof as may . be est 9blished by ordinance. ARTICLE IV DEPARTMENT OF LAW Section 30—City attorney, appointment 31—City attorney, qualifications 32—City attorney, powers and duties a Section 30—City attorney, appointment There shall be a department of law, the head of which shall be the city attorney, who shall be lappointed by the Mayor and approved by the Commission. Section 31—City attorney, qualifications The city attorney shall -be a qualified attorney -at -law who is licen- sed to practice in the .State of Texas and meeting the qualifications as set out in Article 1003, of the revised civil statutes of the State of Texas. , Section 32—City attorney, powers and duties The city attorney shall be the chief. legal advisor of the Commis- sion, of all offices, departments and agencies and of all officers and t employees in matters relating to their official powers and duties. He shall represent the -city in all legal proceedings. It shall be his duty to perform all services incident to his position as may be required by -statute, by this charter or by ordinance. ARTICLE V THE BUDGET Section 33—Fiscal year 34—Preparation and submission of budget 35—Budget a public record 36—Publication of notice of public hearing 37—Public hearing on budget 11 Section 25—Procedure for Passage of Ordinances Every ordinance shall be introduced in written or printed form and, upon passage, shall take effect at the time indicated therein; provided that any- orudinaBiCe iMpChSiii{; a penally, fine or forfeiture for a violation of its provisions shall become effective not less than ten days from the date of its passage. The city clerk shall give notice of the passage of every ordinance imposing a. penalty, fine or forfei- ture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in the city of La Porte at least twice within ten days after the passage of said ordinance. He shall note on every ordinance, the captoin of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the charter, and the date of such publication., and pro- mulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and modification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in Section 109 of this charter, it shall not be necessary to the validity of any ordinance that it shall be read Ynore than one time or considered at more than one session of the Commission. Every ordinance shall be authenti- cated by the signature of the .Mayor and city clerk and shall be sys- tematically recorded in an ordinance !book in a manner approved by the Commisssion. It shall only be necessary to record the caption or title of ordinances in the minutes of journal of Commission meet- ings. The Commission shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as the Commission deems advisable, and such printed code, when adopted by the Commission, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evi- dence in all courts and places without further proof. Section 26—In'vestig4tion by Commission The Commission shall have power to inquire into the conduct of any office, department, agency, or officer of the city and to make investigations as to municipal affairs, and for that purpose may sub- poena witnesses, administer oaths, and compel the production of books, papers and other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed one hundred dollars ($100.00). Section 27—Independent Audit Prior to the end of each fiscal year, the Commission shall desig- nate a practicing public accountant, who is licensed by the State of Texas, to make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit a report to the Commission. Notice shall be given by publication in the official newspaper in the city of La Porte that the annual audit is on file at the city hall for inspection. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. They shall not maintain any accounts or records of the city business, but, within specifications approved by the Commis - into effect, until and unlPaa annrnuaA h., tt;- ,,,-4- provided. `r-- ULY VaVVYV1U, ao aacioiaauLLLCi - •--....a.aiuoia,iVu by commission Whenever Commission receives a certified initiative or referendum petition from the city clerk it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The Commission shall take final action on the ordinance not later than sixty -days after the date on which such ordinance was submitted to the Commission by the city clerk. A referred ordinance shall be re- considered by the Commission and its final vote upon such recorisid- eration shall be upon the question, "Shall the ordinance in the refer- endum petition be repealed " - Section 96—Submission to electors If the Commission shall fail to pass an ordinance proposed by ini- tiative petition or shall pass it in a form different from that set forth in the petition therefor, or if the Commission fails to repeal a re- ferred ordinance, the proposed or referred. ordinance shall be sub- mitted to the electors not less than thirty days nor more than sixty days from the date and the Commission takes its final vote thereon. The Commission may, in its discretion, and if no regular election is to be held within such period shall, provide for a special election. Section 9,7—Form of ballot for initiated and referred ordinances Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions of this charter shall be submit- ted by ballot title, which shall be prepared in all cases by the city at- torney. The ►ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise state- ment, without argument or prejudice, descriptive of the substance of such ordinance, if a paper ballot, shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and AGAINST THE ORDINANCE:" Any number of ordinances may be voted on at the same election and may be submitted on the same- ballot, but any .paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have below it the same two propositions, one above the other or one preceding the other in the �. order indicated, and the elector shall be given an opportunity to vote for either of the two propositions and thereby to vote for or against the ordinance. Section 98—Results of Election If a majority of the electors voting on a proposed initiative ordi- nance shall vote in favor thereof, it shall thereupon be an ordinance of thecity. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same elec- tion, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 10 27 Section 99—Repealing Ordinances; ,Publication Initiative and referendum 'ordinances adopted or approved by the electors shall be published, and .may be amended :or repealed by the Commission, -as in the case of other ordinances. . Section 100—Recall; General - The Mayor or any member of the Commission may be removed from office by recall. Section 101—Recall Procedure Any elector of the city of La Porte may make and file with the city clerk an affidavit containing the name or names of the officer or offi- cers whose removal is sought and a. statement of the grounds for re- moval. The clerk shall thereupon deliver to the elector making such. af- .fidavit copies of petition blanks demanding such removal. The city clerk shall keep.a sufficient number of such printed petition blanks on hand for distribution. Such blanks when issued by the city clerk shall bear the signature of that officer and be addressed to_ the Commis- sion, and shall be numbered, dated, and indicate the name of the per- son to whom issued. The petition 'blanks when issued shall also indi=• sate the name of the person' to -whom issued. The petition blanks when issued shall also indicate the number of sucli blanks issued and the nrame of the officer whose removal is sought. The city clerk shall enter in a record to be kept in his office'the name of the elector to whom the petition blanks were issued and the number'- issued to said person. Section,102 Recall Petitions The recall petition to be effective.must be returned and filed with the city clerk within thirty days after the filing of the affidavit re- quired in Section 101, and it must be signed by qualified electors of the city equal in number to at least 50% of those who were qualified voters and voted on the date of the last regular municipal election. and at least one-half of the qualified voters constitutiing such 50vo signing the petition shall make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is,sought, in the election at which he was last elected. Such recall petition shall con- form- to the provisions of Section 91 herein, and no petition papers shall be accepted as .a part of a petition unless it bears .the signature of the city clerk; as required in Section 101 herein. Section 103=Recall Eelection The city clerk shall at once examine the recall petition and if he finds it sufficient and in compliance with the provisions of this article of the charter, he shall within five (5) days submit it to the Commis- sion with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose 'removal is sought does not resign within five (5) days after -such notice the Commis- sion shall thereupon order and fix a date for holding a recall election. Any such election shall be held not less than thirty days nor more than sixty days after the petition has been presented to the Commission at the same time as any municipal election held within such period; but if no such municipal election be held within such period, the Com- mission shall call a special election tobe held within the time aforesaid. .28 sign all the duties of Director of Finance, and or all the duties of as- sessor and collector of taxes of the city to the City Clerk. Section 20—Appointments of -Recorder and Clerk The city recorder shall be appointed by the Commission to serve `for a period -of two yeairs.. He shall receive such salary as may be fixed. by the Commission from time to time.. The Recorder shall be judged of the corporation court which shall have the jurisdiction and shall be conducted in the manner prescribed and authorized by law. All costs and fines imposed by the corporation dourt, or by any court in any cases appealed from judgments of the corporation court, shall be paid into the city treasury for the use and benefit of the city. The city clerk or his deputy shall be clerk of the corporation court. The clerk of the said court and his deputies shall have the power to ad- minister oaths and affidlavits, make certificates, affix the seals of :said court thereto, and generally do and perform any and• all acts usual and necessary by clerks of courts and conducting the business thereof. .Section 21—Induction of commission' into office; meetings of -com- mission On the first Tuesday next following the regular municipal election -held-on-the fourth Tuesday of April, or as soon thereafter as prac- ticable, the' Commission shall meet at the usual place for holding meetings, and the newly -elected members shall qualify and assume the. duties of office. At such meeting the Commission shall- select one of itsmembers to serve as Mayor Pro Tem, and he shall perform all the duties of the Mayor in his absence or disability. Thereafter, the Commission shall meet regularly at such times as may be pre- scribed by its rules but not less frequently than once each month. All meetings of the. Commission shall be open to the public; special meetings shall be called by the city clerk upon request of the Mayor or the two Commissioners. Section 22—Commission to be Judge of Qualifications of its members The Commission shall be the judge of the election and qualificq- tions of its members and for such purpose shall have power to sub- poena witnesses and require the production of records, but the de- cision of the Commission in any such case shall be subject to review by the courts. Section 23—Rules of - Proceedings; Journal. The Commission shall determine its own rules and order of busi- ness. It shall keep a journal of its proceedings and the journal shall be open to public inspection. Section 24—Ordinances In addition to such acts of the Commission -as are required by sta- tute or by this charter to be by ordinance, every act of the Commis- sion establishing a fine or other penalty or providing for the expen- diture of funds or for the contracting of indebtedness shall be by ordinance. The enacting clause of all ordinances shall be, "BE IT OR- . DAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE." 9 . (2) ' Adopt budget of the city. Section 104-130ots In Recall F.lprt;r►.± .n (3) Authorize the i�cnarP of he„ds by w bond;,rdi;.a;�; a, (4) Inquire into the conduct of any officer, department or agency Ballots used at recall elections shall conform to the following re- of the city and make investigations as to municipal affairs and authorize the correction of irregularities. quirements' lry % With • tl) n�ith respect to each person whose removal is sought the ques- (5) Appoint the members of the planning commission. tion shall be submitted "Shall name of ( person) be removed from the office of (name of office) by recall?" (6) Appoint the members of the zoning board of appeals. (fl) Adopt plats. (2) Immediately below each such uestion there shall be rinted (8) Adopt and modify the official map of the city. the two following propositions, one above the other, in the or- der indicated (9) Adopt, modify, and carry out plans proposed by the planning "For the recall of (name of person)" commission for the clearance of slum districts and rehabili- tation of blighted areas. "Against the recall of (name of person)" (10) Adopt, modify and carry out plans proposed by the planning Section 105—Results of Recall Election commission for the replanning, improvement and redevelop- If a majority of the votes cast aat a. recall election shall be against ment of neighborhoods and for the replanning, reconstruc- t: the recall of the officer named on the ballot, he shall continue in of- tion. or redevelopment of any area or district which may have fice for -the remainder of his unexpired term, subject to recall as be - been destroyed in whole or in part by disaster. fore. If a majority of the votes at such an election be for the recall of (11) Provide for the establishment and designation of fire limits `.N the officer named on the ballot. he shall, regardless of any technical and to prescribe the kiind and character of buildings or strut- defects in the recall petition be deemed removed from office and the tures or improvements to be erected therein, and to provide vacancy shall be filled by the Commission as in other vacancies. for the erection of fireproof !buildings within certain limits, and to provide for the condemnation of dangerous structures Section 106—Limitations on Recalls or' buildings or dilapidated buildings or buildings calculated No recall petition shall be filed against the Mayor or a Commission - to increase the fire hazard, and the manner of their remov- er within six months after he takes office nor in respect to an officer al or destruction. subjected to a recall election and not removed thereby, until at least six months after such election. Section 17—Department heads; rights of Section 107' District Judge May Order Election The heads of all departments and such other officers of the city shall be entitled to attend meetings of the Commission,omm but shall Should the Commission fail or refuse to order an y of the elections as have no vote therein. They shall have the right to take part in the provided for in this article, when all the *requirements for such elec- discussion of all matters coming before the Commission, and the di- tion have been complied with by the petitioning electors in conformity rectors and other officers shall be entitled.to take part in all discus- sions of the Commission relating to their respective offices, depart- with this article of the charter, then it shall be the duty of any one of the District Judges of Harris County. Texas, upon proper applica- ments, or agencies. tion being made therefor, to order such elections and to enforce the - _ carrying into effect of the provisions of this article of the charter. Section 18—Administrative Departments ARTICLE XI There are hereby created the following administrative depart- ments: Finance, !Police, Fire, Law, Public Works, Health, Recrea- FRANCHISES AND PUBLIC UTILITIES tion, and Water. _ Section 108—Powers of the city. The Commission may, if it deems it advisable, consolidate into one 109—Franchises ; power of Commission. department, the Public Works, Health, Recreation and Water De- 110—Franchise value not to be allowed. partments, or make other consolidation of such departments as it V Ill —Right of regulation. may deem advisable. The Commission by ordinance mlay create, 112—Consent of property owners. change, or abolish offices, departments, or agencies other than the 113—Extensions. offices, departments and agencies established by this charter. - 114—Other conditions. Section 19—City Clerk 115—Franchise records. The Commission shall appoint a competent person to be clerk of 116—Accounts of municipally owned utilities. 117—Regulations of rates and service. the city. He shall give notices of Commission meetings, shall keep the journal of its proceedings, shall authenticate by his signature Section 108—Powers of the city and record in full, in a book kept for the purpose, all ordinances and In addition to the city's power to buy, own, construct, maintain, resolutions, and shall perform such other duties as may be assigned and operate utilities and to manufacture and distribute electricity, to him by the Commission. The Commission may by ordinance as- gas, or anything else that may be needed or used by the public, the .8 29 M city shall have further powers as may now or hereafter be granted under the constitution -and laws of the State of Texas. Section 109—Franchises; ,power of Commission The Commission shall have power by ordinance to grant, amend, re- new and extend all franchises of all public utilities of every character operating -within the city of La Porte, and for such purposes is grant- ed full power. All ordinances granting, amending, renewing, or extend- ing franchises for public utilities not be finally passed until thirty days after the first reading; and no such ordinance shall take effect until sixty days after its final passage; and pending such time, the full text of such ordinance shall be published once each week for four consecutive weeks in the official newspaper of the city of La Porte, and the expense of such publication shall be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of the Commission expressed by ordinance. Section 110—Franchise value not to be allowed In fixing reasonable rates and charges for utility service within the city .and in determining the just compensation to be paid by the city for public utility property which the city may acquire by condem- nation or otherwise, nothing shall be included as the value of any franchise granted by the city under this charter. Section 111—flight of regulation All grants, renewals, extensions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city: (1) To repeal they same 'by ordinance at any time for failure to be- gin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. (2) To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reason- able standard of efficiency. (3) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates_ (4) To prescribe the form of accounts kept by each such utility; pro- vided, that if the utility shall keep. its accounts in accordance with the uniform system of accounts for said utility. prescribed by the National Association of Railroad and Public Utility Com- missioners, the Federal Power Commission, the Federal Com- munications Commission-, the Railroad Commission of Texas, their successor, or successors, this shall be deemed sufficient compliance with this paragraph. At any time to examine and audit the accounts and other rec- ords of any such utility and to require annual and other reports, including reports on local operations by each such public utility. (5) To impose such reasonable regulations, and restrictions as may be deemed desirable or conductive to the safety, welfare, and -accommodation of the public. (6) To at any time require such compensation and rental as,may be permitted by the laws of the state of Texas. so 'lie service corporation within the city nor in the em to of any own - Pr U1 stack i; any n fis u i i• y or -pUblie service corporation. Any officer or employee of the. city who shall cease to possess any of the qualifications herein required shall fbrfeit his office or position and -any contract in which any officer or employee shall or may become interested shall 'be declared void by the Commission. Section 14—Compensatiori of Member of Commission u The Commission shall hold at least one regular monthly meeting, and the Mayor or two _Commissioners may call as many special meet- ings as may be necessary to attend to -the municipal business. Each Commissioner and the Mayor shall receive for his services, five dol- lars ($5.00) per day for each regular meeting, and three dollars ($3.00) per day for each special meeting. The Mayor or any Com- missioner shall not receive pay for more than five special meetings in any one month. In lieu of such per diem the Commission may fix `i �i the salary to be received iby the Mayor and Commissioners, not to exceed the sum of twelve hundred dollars ($1200.00) per year for j the Mayor, and six hundred dollars ($600.00) per year for each Com- missioner. Section 14-A=Presiding Officer; Mayor The Mayor shall preside at meetings of the Commission and shall be entitled to vote upon all matters considered by the Commission. The Mayor shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by this char-': ter and the ordinances of the city: He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for ' civil process and by the government for purposes of military law. i In times of public danger or emergency the Mayor shall take com- mand of the police, maintain order and enforce the law. If a vacancy occurs in the office of Mayor or in the case of. his absence or disabi- lity the Mayor Pro Tem. shall act as Mayor until a successor is elect- s ed or appointed and has qualified. Section 15—Vacancies in Commission A. vacancy in the Commission shall be filled by a qualified voter residing in the city and having the. proper qualifications by a major- ity vote of the remaining members of the Commission. When more than one vacancy shall develop at one time then a 4pecial election shall be called within -forty-five days (45) and any vacancy filled in the same manher as herein provided for general elections; provided, however, if such vacancies occur within ninety days of a general el- ection, then no special election 'shall be called. Section 16—Powers All powers of the city and the determination of all matters 'of pol- icy shall be vested in the Commission. The Commission shall exe- cute the laws and administer the government of the city. Without ' limitation of the foregoing and axnong the other powers- that may 4 be exercised by the Commission, the following are hereby enumera- ted for greater certainty. i' (1) Establish administrative departments and distribute the work of divisions. (. 7 ARTICLE II THE. COMMISSION Section 12—Number, selection, term 13—Qualifications 14—Compensation of men*ers of Commission 14-A—Presiding officer; Mayor 15;--Vacancies in Commission 16—Pbwers 17—Department heads; rights of 18—Administrative departments 19--City Clerk 20—Appointment of recorder and clerk 21—Induction of Commission into office; meetings of Com- mission 22—(commission to be judge of qualifications of its members 23—Rules of procedure; journal 24—Ordinances 25—Procedure for passage of ordinances 26—Investigation by Commission 27—Independent audit Section 12—Number, selection, term The members of the Commission of the city of La Porte shall hold their offices for a term of two years, and until their successors have been elected and duly qualified. After this, charter becomes effective, on the fourth Tuesday in April, 1950, a Mayor and two Commissioners shall be elected, and thereafter a X-ayor and two Cimmissioners shall be elected on the fourth Tuesday of April, every two years. In the election of the Commissioners the two candidates receiving the highest number -of qualified votes shall be declared elected and there shall be no run- off elections. In the election of a Mayor, the candidate receiving the highest number of qualified 'votes shall be declared elected and there shall be no runoff elections. In the event the election of a Commis- sioner or Mayor can not be determined because of a tie vote, the Commission shall call a special election within thirty (30) days to determine - the winner between the candidates receiving such vote. The candidate receiving the highest number of qualified votes in such election shall be declared elected. Section 13—Qualifications The Mayor ;and each Commissioner shall be at least twenty-eight years of age and a resident citizen of the city of La Porte, and have qualifications of electors therein, and shall have owned real proper- ty in said city for a .period of at least one year immediately prior to the date application is made for his name to be placed on the ballot. Section H —Consent of properiy owners The consent of abutting and adjacent property owners shall not be required for 4ti.+. , ....a.....t- t.,,,s;..,, maintenance or. n»Pra.tinn of zany public utility; but nothing in this charter or in any franchise granted thereunder shall ever be construed to deprive any such prop- erty owner of any rights of action for damage or injury to his prop- erty as now or hereafter provided by law. Section 113—Extensions ' All extensions of public utilities within the city limits shall become j a part of the aggregate property of the public utilities, shall be oper- ated as such, and shall be subject to all the obligations and reserved ' rights contained in this charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate t with the original grant and shall be terminable as provided in Sec- tion 111. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Section 114—Other condition's All franchises heretofore granted are recognized as contracts be- tween the city of La Porte and the grantee, and the cantractual right as contained in any such franchises shall not be impaired by the pro- visions of this charter, except that the power of the city of La Porte to exercise the right of eminent domain in the acquisition of any util- ity property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to re- quire proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable stand- ard of efficiency. Every pubblic utility franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this• article whether or not such terms are specific- ally mentioned in the franchise. Nothing in this charter shall operate to limit in any way, as -specifically stated, the discretion of the Com- mission or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. Section 11.5— Franchise records Within six months after this charter takes effect every public util- ity and every owner of a public utility franchise shall file with the city, as may be prescriped by ordinance, certified copies of all fran- chises owned or claimed, or under which such utliity is operated in the City of La Porte. The city shall compile and maintain a public record of public utility franchises. Section 116—Accounts of municipality owned utilities Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true and complete financial re- sults of such city ownership and operation, including all assets, ap- propriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves, and surplus, also revenues, operating expenses, including depreciation, interest pay- ments, rental and other disposition of annual income. The accounts 6 31 shall show the actual capital cost to the city of each public utility i owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show -as nearly as possible the cost of any service furnished to �I or rendered by any such utility to any other city or governmental de- ,f partment. The Commission shall annually, cause to be made by a licensed public. accountant and shall publish a report showing the financial results of such city ownership and operation, giving the in- 1 formation specified in this section or such data as the Commission shall deem expedient, in- accordance .with Section 27, Article II. � i�Section 117—Regulations of rates and service � The Commission shall have full power, after due notice and hearing, it to regulate by ordinance the rates and service of every public utility operating in the city of La Porte. ARTICLE XII GENERAL PROVISIONS . I Section 118—Publicity of records. 119—Personal interest. 120—Oath of office. 121—Bonds; discharge of officers and employees. 122—Public library. 123—Hospital ; operation. II 124—Hospital; finances. 125—Zoning ordinances. 126—Housing authority. 127—Provision relating to assignment, execution and gar- �+ 128—City not required to give security or execute bond. 129—Disabled employees, pensions, insurance. 130—Effect of this charter on existing laws. 131—Interim municipal government. ° 132—Amendment the charter. 133—Separability clause. 134—Submission of charter to electors. - S ion 118—Publicity of records All records and accounts of every office, department or agency of the city shall be open to inspection by 'any citizen, any representative of a citizen's organization or any representative of the press at all rea- sonable .times and under reasonable regulations established by the Commission. , Section. 119—Personal interest No member of the Commission or any officer or employee of the city shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract, or in the sale to the city, or to a contractor supplying the city, of any lands or rights Of interests in 'any land, material, supplies, or service. The Commis- u sion shall never authorize the expenditure of public funds for the de- velopment of a privately owned sub -division. Any -wilful violation of this section shall constitute malfeasance in office, and any officer or { ' 32 Section 10—Extending Limits by Action of ' the Commission The Commission shall have power by ordinance to fix the bound- ary limits of the city of La Porte and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said city, with or without the consent of the terri- tory and inhabitants annexed. Upon the introduction of such an ordinance in the Commission, it shall be published in the, official newspaper -as adopted by the Commission in the city of La Porte one time, and shall not thereafter The finally acted upon until at least thirty days have elapsed after the first notification thereof. Any citizen of the city of La Porte, or of the territory to be annexed, shall have the right to contest said annexation by filing with the Com- mission a written petition setting out the reasons for said contest, and after such citizen or citizens shall have been given an opportun- ity to -be heard, said ordinance in original or amended form, as said Commission in its judgment may determine, shall be finally passed, and the territory so annexed shall be a part of the city of La Porte and the- inhabitants thereof shall be entitled to all rights .and privi- leges .of other citizens and shall be. bound by the acts, ordinances, re- solutions and regulations of said city. Section 11--Sanitary Sewer System The city shall have the power to provide for a sanitary sewer sys- tem and to require property owners to connect their premises with such sewer system; to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sew- erage service, providing rules and regulations - -for the collection thereof, and to provide for rendering a lien against any property owners premises who fails or refusese to make sanitary sewer con- nections after due notice and to charge a cost against said owner and make it a personal liability. Section 11-A—Garbage Disposal The Commission shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash and rubbish within the city of La Porte and shall fix charges and compensation to be charged by the city for the removal of garbage, trash, and rubbish, providing rules and regulations of the collection thereof. Section 11-B—Nuisances, Etc. The city shall have the power to define all- nuisances and • prohibit the same within the city and outside the city limits for a distance of 5,000 feet; to have power to police all parks or grounds, speed- ways, or boulevards owned by said city and lying outside of said city, to prohibit the pollution of any stream, drain or tributaries, there- of, which may constitute the source of water supply of any city and to provide for policing the same as. well as to provide for the protec- tion of any water sheds and the policing of same, to inspect dairies, slaughter pens, and slaughter houses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city. . iD inane of the eoverninir bodv of the city. The power of eminent do- main hereby conferred shall include the right of the city • to take the fee in the lands so condemned and such power and authority shall include the right to condemn public property for such purposes. -ine city shall have and possess this power of condemnation for any mun- icipal or public purpose, even though not specifically enumerated herein or in this charter. Section 7—Street Powers The city of La Porte shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abo- lish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and re- gulate the use thereof and require the removal from streets, side- !. walks, alleys and other public property or places of all obstructions and all fruit stands, show cases and encroachments of every nature or character upon any of said streets and sidewalks. { Section 8-Street Improvements The city of La Porte shall have exclusive dominion, control and jurisdiction in, upon and over and under the public streets, avenues, alleys and highways of the city, and may provide for the improve- ment thereof of paving, re -paving, raising, draining, .or - otherwise. The provisions of Chapter 106, Fortieth Legislature, First Called Session; Acts 1927, together with existing amendments and all such amendments as hereinafter may be made, are expressly adopted and made a part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, al- leys and highways of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the lo- cation of, all utility pipes, lines, wires, or other property. Section 9—Extending- City Limits upon Petition Whenever a majority of the qualified voters who are citizens of the State of Texas and inhabitants of any territory adjoining the City of La Porte, as said territory may be designated by the Com- mission or in case there are no qualified voters in said territory, then when persons owning a majority of the land in area. in said ter- ritory desires the annexation of such territory to the city of I.a Porte, they may present a written petition to that effect to the Com- mission and shall attach to said petition the affidavit of one or more of their number to the effect that said petition is signed by a major- ity of such qualified voters, or in case there are no qualified voters in said territory and that the persons signing said petition own a majority of the land in area in said territory; and thereupon the Commission at regular session held not sooner than twenty days after the presentation of said petition may by ordinance annex such territory to the city of La Porte and thenceforth the said territory shall be a part of the city of La Porte, and the inhabitants thereof shall be entitled to all the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and xegulations of the said city. employee of the city found truilty thereof shall therPhy fnrfPit his n_f- fice or position. Any violation of this section with the knowledge ex- pressed or implied of the person or corporation contracting with the cii y shall iwider the contract voidable by the Commission. Section.120—Oath of. office Every officer of the city shall, before entering ,upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the.office of the city clerk: do solemnly swear (or affirm), that I will faithfully execute the ' duties of the office of --___ --- - ---------- -_ of the city of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the con- stitution and laws of the United States and of this state and the char- ter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered; or promis- ed to contribute any money, or valuable thing, or promised any public office or employment, as a• reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of ap- pointment, to secure my appointment. So help me God." Section 12.1—Bonds; Discharge of�officers and employees The Commission shall require a bond from each officer of the city and may, require bond from any city employee in amounts to be fixed by the Commission. The Commission shall be authorized to dis- charge at any time, with or without a hearing, as the Commission may elect, any officer, employee or clerk which it appoints. Section 122—Public library The Commission shall have the authority to establish and maintain a free public library within the city 'and to cooperate with any person, firm, association or corporation under such terms as the Commission may prescribe for the establishment of such free publid library. For budget purposes, the library shall be connsidered as a department of of the city and .the appropriations therefor shall comply with all the budgetary requirements as outlined in this charter and as may be prescribed from time to time by the Commission. Annual appropria- tions for the library will not be continuiing, but will revert to the general fund in the same manner as the underspent appropriations of the other departments. Section 123—Hospital; operation of The city shall have the authority to acquire, establish and own, either by purchase, donations, Jbequest or otherwise all property that may be useful or necessary for the purpose of establishing and main- taining a municipal hospital. Such hospital shall be operated by a hos- pital board, subject only to such direction and supervision as shall be contained in any ordinance or ordinances duly enacted by the govern- ing body of said city. Section 124—Hospital; finances All funds belonging to said hospital, whether classed as funds re- 4 33 ceived in course of operation, or otherwise, shall be kept in a separ- ate hospital fund, and shall be used only for the operation and main- tenance of said hospital and for no other purpose, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall sub- mit a quarterly operating statement to the Commission, and an annual audit to coincide with the fiscal year of the city of La Porte. Section.125—Zoning Ordinances For the purposes of promotiing the health, safety, morals or general welfare of the city, the Commission may by ordinance regulate the lo- cation;"height, bulk and size of buildings and other structures, the size 'Of .yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence and other purposes. Such ordinances may provide that the zoning board of appeals.may, in appropriate cases and subject to ap- propriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the zoning board of appeals may au- thorize variances from the strict application of the regulations _ in such situations and subject to such limitations -as may beset forth in ordinance. All of the .powers granted by Title 28, Chapter 4, Articles 1011A to 1011J, both inclusive, of the 1925 Revised .Civil Statutes of Texas, together with existing amendments and' all amendments as hereinafter may be made relating to zoning in cities, are hereby adopt- ed and made a part of this charter. Section 126—Housing authority The Commission may create a housing authority of such nunidber, terms and compensation of members as the Commission may deter- mine and may delegaate to the housing authority such powers relating to the planning, construction, reconstruction, alteration, repair, main- tenance or operation of housing projects and housing accommodations as the Commission may determine. Section 127—Provisions relating to- assignment, execution and garnishment The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or se- questration; nor shall the city be liable to garnishment on -account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither .the city nor any of " its officers or agents shall Ibe required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents, or contractors. Section 128—City not required to give security. or execute bond It shall not be necessary in any action, suit or proceeding in which the city of La Porte is a party, for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any of the state courts, but in all such actions, suits, appeals or proceedings same 34 such property as its interest may require; and, except as prohibited by the Constitution of this State or restricted,by this charter, the city shall and may exercise all municipal powers, functions, rights, privileges and ixAmunities of every name and nature whatsoever. The city may use a corporate seal; may be sued and may sue, may u contract and . be contracted with, may implead and be impleaded in all courts, and places and in all matters whatever; may, cooperate with the government of the State of Texas or any agency thereof, or any political subdivision of the State of Texas to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the city and its inhabi- tants; and may pass such ordinance as may be expedient for main staining the peace, welfare of the city and for the performance of the 'functions thereof. The enumeration of particular powers by. this charter shall not be deemed to be exclusive and in addition to the o powers enumerated therein or implied thereby are appropriate to 1! the exercise of such powers it is intended that the city of La Porte shall have and may exercise all powers of local self government and all powers enumerated in Chapter 13, Title 28, Article 1175 of the Revised Civil Statutes of the State of Texas 1925 and amendments thereto and hereinafter enacted or any other powers which are the Constitution and Lawns of the State of Texas it would be competent for this charter to specifically enumerate. o Section 5—Special Provisions for Damage Suits Before the city shall be liable to damage claim or suit for personal injury or damage- to property the person who is injured or whose property is damaged or someone in his behalf shall give the City Clerk notice in. writing within thirty (30) days _after the occuring of the alleged injury or damage stating specifically in such notice when ! where and how the injury or damage was sustained and setting forth the extent of the injury or damage, as accurately as possible and giving the names and addresses of all- witnesses upon whose tes- timony such person is relying to establish the injury or damage. No action at law for dam -Age. shall be brought against the city for. per- sonal injury or damage to property prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the City Clerk. After the expiration of sixty (60) - days aforemen- tioned, the complainant may then have two years in which to bring an action of law. Section . 6—Eminent Domain The city shall have thefull right, power and authority to exercise the power of eminent domain when necessary or desirable to .carry out any of the powers conferred upon it by this charter or by the Constitution or Laws of the State of ' Texas. In all cases where the city seekp to exercise the power of eminent domain it may be con- trolled -as nearly as practicable- by the laws governing the condem- nation of property of Railroad Corporations in this state, the city taking the position of the railroad corporation in any such case. The city may also -exercise the powers of eminent domain in any other manner authorized or permitted by the Constitution and Laws of this State, or in the manner and form that may be provided by ord- 3 ARTICLE I' shall be conri»r_.tPd i„ the oo,,,a •J ,_ ,___d ,__.t_,_:___. INCORPORATION; FORM OF GOVERNMENT or security had been ma'n` er as if sucl, u�iiu, u11LLCltal u ig Y given as required by law, and said city shall be CORPORATE AND GENERAL POWERS just as liable as if security of bond had been duly executed. Section 1—Corporate name. Section 129—Disabled employees; pensions, insurance 2—Foundries establishing the city limits. The Commission shall have authority to provide the rules and re u- 3—Form of government. � � g lations for maintaining employees +when injured and disabled while 4—Powers of the City. performinig their duties, or it may probide for such plan of insurance 5—Special provisions for damage suits. i as it deems proper. The Commission may establish a pension plan of 6—Eminent domain. pension to any employee who has been continuously employed by the 7—Street powers. city for twenty years and who shall have reached the age of fifty- 8—Street improvements. five, or may adopt in lieu thereof any pension system available to 9—Extending city limits upon petition. cities under state law. The amount of said pension shall be graded and 10—Extending city limits by action of the Commission. ; proportioned to the average salary received by the employee during 11—Sanitary sewer system. the whole period of his employment. All those falling under the head 11-A—Garbage disposal. of employees in 'this charter and who are employed by the city when 11-B—Nuisance, etc. - the same takes effect shall (be entitled to a credit for the years of Section 1—Corporate mane �. continuous service heretofore served. Provided however that any payment under this provision shall never constitute a waiver or stop The inhabitants of the city of La Porte within the boundries as the city from asserting any defenses it might have under section 5, of now established or -as hereafter established in the manner provided a Article 1 of this charter. by law shall continue to be a body politic and corporate and be known by the name of the city of La Porte. Section 130—Effect of this charter on existing law g Section 2—Foundries establishing the city limits All ordinances, resolutions, rules and regulations now in force under the city government of the city of La. Porte and not in conflict with The boundaries and limits of the city of La Porte shall be the the provisions of this charter shall remain in force under this charter same as have heretofore been established and now exist, which until altered, amended or repealed by the Commission after this boundaries and limits .are shown on the map record in Volume 8, charter takes effect; and all rights of the city of - La Porte under Page 16, Map Records of Harris County, Texas. existing franchises and contracts are preserved in full force and effect Section 3—Form of Government to the city of La Porte, and any unissued bonds and revenue bonds, or The governing body of the city of La Porte shall be a Commission installments thereof, heretofore authorized at .an election held in said composed of the Mayor and two Commissioners, to be known as the city shall not be affected by the adoption of this chaarter,' but the Commissoin of the city of La Porte. The members of the City Com- right to sell, issue, and deliver same, in whole or in part, in keeping mission sall be elected from the city of La Porte at large in the man- with the provosions of the laws under which they were voted is ner prescribed elsewhere in this charter. As hereinafter used in the hereby expressly reserved. charter the word Commission shall be construed to mean a Mayor Section 131—Interim municipal government and two Commissioners. Pursuant to its provisions and subject only to the limitation imposed by the State Constitution and by this Char- From and after the date of the adoption of this charter and until ter all powers of the city shall be vested in the elected Commission, the completion of the first election under this charter to be held on which shall enact local legislation, adopt budgets, determine poli- the fourth Tuesday in April, A. D. 1950, and the qualification of the ties and execute the laws and administer the government of the Mayor and Commissioners therein elected the present qualified and city. All powers of the city shall be exercised in the manner prescrib- s acting Mayor and two present qualified and acting Commissioners ed by this charter or if the manner be not prescribed then in such shall constitute the Commission of the city of La Porte. Such Com- manner as may be prescribed by ordinance. mission shall possess all of the powers provided by this charter and particularly by Article II hereof. Section 4—Powers of the City The city shall have all the powers granted to Municipal Corpora- Section 132—Amending the charter g tion and to cities by the constitution and laws of the State of Texas Amendments to this charter may be framed and submitted to the together with all the implied powers necessary to ' carry into execu- electors of the city by a charter commission in the manner provided tion all the powers granted. The city may acquire property within by law, for framing and submitting a new charter. Amendments may or without its corporate limits for any city purpose in fee simple or also be proposed and submitted !by ordinance, passed by a majority any lesser interest or estate by purchase, gift, devise, lease or con- vote of the full membership of the Commission, or by a petition signed demnation and may sell, lease, mortgage, hold, manage and control by not less than 25 % of the number of those who voted at the last 2 35 regular municipal election, provided, however, that. in the latter case. the petition must bear'the'signatures, of at least ten .per centum (10%)• of the qualified voters • of -the city. When a; charter amendment •.peti= tion shall h2;ve been filed with the 'Commission in conformity with ' the provisions of this charter as. to petitions for initiated ordinannees, the Commission shall forthwith provide by ordinance for submitting such proposed amendments.to a vote., of the electors. Any ordinance for submitting a charter amendments to the electors shall provide that such amendment be submitted at the next regular municipal election if one shall occur not less than sixty days nor more than one hundred and twenty days after the passage of the ordinance; otherwise, it shall provide for the submission of the. amendment at a special election to be called and ' held". within the time aforesaid. Not less than .thirty days "prior to such election the city clerk shall mail a copy of the pro- posed amendment or amendments to each qualified voter in said city as appears from .the latest rolls of the tax collector. If a proposed amendment be approved by .majority .of the electors voting there- on 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 so submitted as to enable the electors to vote on each amendment sep-. arately. Section 133—Separability Clause If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this chaarter nor the context in which such section or part of section so held invalid may appear, except -to the extent that an entire section or part of section may be inseparably connected in meaning and. effect with the section or part of section to which .such holding shall directly apply. Section 134—Submission' of charter to electors The Charter Commission in preparing this charter finds and de- cides that it is impracticable to segregate each subject so as to per- mit a vote of "yes" or "no" on the same, for the reason that the char ter is so constructed that in order to enable it to work and function it is'necessary that it should be adopted in its entirety. For these rea- sons the Charter Commission directs that said charter be voted. upon ..as a. whole and that it shall be submitted to the.qualified voters of the city of La Porte at an election to be held for that purpose on the 22nd day of March, A. D., 1949. If a majority of the qualified voters voting in such election shall vote in favor of the adoption.of this charter, I,t shall become the charter'of the city of La Porte, and after the returns have been canvassed, the. same shall be declared adopted and -the'city clerk shall file an official copy of the charter with the records of the city. The clerk shall furnish the Mayor a copy of said charter, which copy of the charter so adopted, authenticated and certified by his signature and the seal of the city, shall be forwarded by the Mayor to the secretary of state of the state -of Texas and shall show the' ap- proval of such charter by majority vote of the qualified voters voting at such election. In not less than thirty days prior to such election the Commission TO THE QUALIFIED VOTERS-, OF- THEE CITY OF LA PORTE, TEXAS : , ... . On December 28, 19.48; the • Mayor, with the approval of the Board of Commissioners of the city of La Porte, appointed a Charter Com- mission and delegated to it the responsibility of preparing a home - rule charter for the city of La Porte. The Charter Commission com- pleted its work on Monday, February 7, 1949; and presented the com- pleted, home -rule charter to the Board • of Commissioners, together with an order, as required by state law, setting a date f..or the sub- mission of the proposed home -rule charter to the qualified voters of the city of La. Porte, for adoption or rejection. The date set for the special charter election is March 22, 1949. - This charter, prepared by the Charter Commission, which is composed of fifteen citizens in La Porte, will give the city of La• Porte a modern, progressive form of government. The charter, itself, is the very essence of democracy, because it provides for home -rule -for the citizens of this community, whereby they can make their own laws by which they are to be governed. The people can, under this charter, institute ordinances, and force the Board of Commissioners to pass .those ordinances, if the Major- ity of the people deem such ordinances advisable; the people can, -under this .charter, cause the Board of Commissioners to refer or- dinances back to the people for their approval; the people can, un- der this charter, recall any elected city official if such official is not fulfilling the wishes of the majority of the citizens of La. Porte. The present form. of government of the city of La Porte, namely Mayor -Commission form, is retained in this charter; there is no change in the form of government; the Mayor and Commissioners will be elected for the same terms, for the same compensation and with the same powers and duties as they now have. The charter changes the regular city general election from the first Tuesday in April to the fourth Tuesday in April, in order to give the County Tax Assessor and Collector time to prepare and fur- nish poll tax lists, which are required by state law. The adoption of this charter will keep our present form of government and give La Porte the benefits and advantages now enjoyed by home rule cities. The Charter Commission, in preparing this home -rule charter, has carefully studied the home -rule charters of other Texas cities. We have tried to ineorperate all progressive features that have been ..used and proved workable in other cities comparable to La Porte. Therefgre your Charter Commission submits this, home -rule char- ter to the voters of La Porte, in the belief that it gives us •a desir- able basis for good municipal government. We believe this charter will provide us with the facilities in the future that we will need in our industrial growth and -expansion. We commend this charter to the present Board of Commissioners and we recommend its adop- tion by the qualified voters of . the city of La Porte. FOR THE CHARTER COMMISSION OF THE CITY OF LA PORTE, TEXAS By George H. Counts, Chairman 36 INDEX Page Article I - —Incorporation; form of Government Corporate and General Powers______—_�___ 2 Article Ill' --:—The Commission ___�__ __ _______- 6 Article Ill —Departments ___----- ------ 11 Article IV —Department of Law 11 Article V- —The Budget ___________._____ ___� 11 Article VI —Borrowing for Capital Improvements___—.__—__ 15 Article VII —Finance Administration _________T______ _____ 16 Article VIII—Tax Administration 21 Article IX —Nominations and Elections________—____—_______ 23 Article X —Initiative, Referendum, and Recall___________________ 25 Article XI —Franchises and Public Utilities_____._'_______ 29 Article- XII —General Provisions 32 I. shall cause the city clerk to ineil w e- ", _* +'6.- .,_.."__, �. fled voter of the city of La Porte as a _1 V.=,a a 1101. Lle to each quali- fied from the tax collectors roll for the year ending January 31 preceding said election- Itiucing impracticableto submit this charter by Sections it is hereby prescribed that the form of ballot to be used in such election shall be as follows, to -wit: FOR THE ADOPTION OF THE CHARTER AGAINST THE ADOPTION OF THE CHARTER We, the undersigned, hereby certify that this publication consti- tutes, a true copy of the proposed charter of the city of La Porte, Texas. George H. Counts, Chairman `R A. Russell Shepherd, Vice -Chairman 1 J. J. Tryling, Secretary The Charter Commission heretofore duly appointed to prepare a charter for the city of La Porte was composed of the above and the following members: J. W. Arnett R. W. Kerber James H. Baker Dr. P. J. Mock Walt Baumbach Bryan Moore J. R. Eckhardt 0. G. Shaffer G. D. Hair Joe R. Thomas J. K. Holcomb Ray E. Van Deventer 87 0 PROPOSED •HOME RULE E FOR THE CITY OF L -- PORT. E ADOPTED BY THE CHARTER -COMMISSION r {i t i PROPOSED HOME RULE CHARTER FOR THE CITY OF LA PORTE ADOPTED BY THE CHARTER COMMISSION TO BE SUBMITTED AT A SPECIAL ELECTION TO BE HELD TUESDAY, MARCH 11n 1949 revenues of the city or for whose collection the city is re- sponsible 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. (9) Serve as ex officio- city treasurer and shall have custody of all public funds belonging to or under the control of the city, or any- office department nr agency of the city government, and deposit all funds coming into his hands in such deposi- tories as may be designated by resolution of the Commission, or if no resolution be adopted, by the Mayor, subject to the requirements of law as to surety and the payment of interest on deposits, but all such interest shall be the property of the city and shall be accounted for and credited to the proper account. (9) .Have custody of all investments and invested funds of the city government, or in possession of such government in a fiduciary capacity, and have the safe -keeping of all bonds and notes of the city and the receipt and delivery of city bonds and notes for transfer, registration or exchange. (10) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government. (11) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made. Section 61—Transfer of Apprdpriations The director of finance may at any time with the approval of the, Commission transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the director of finance and within the last three months of the budget year, the Commission may by resolution transfer any unencumbered appropri- ation (balance or portion thereof from one office department or agency -to another. Section 62—Accounting Supervision and Control • The director of finance shall have power and shall be required to: (1) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government. (2) Examine and approve all contracts, orders and other documents by which the city government incurs financial obligations, hav- previously ascertained that moneys have been appropriated and allotted and will he available when the obligations shall become due and payable. (3) 'Audit and approve before payment all bills, invoices, pay rolls -and other evidences of claims, demands or charges against the city government and with the advice of the city attorney de- termine the regularity, legality and correctness of such claims, demands or charges. 18 (4) Inspect and audit any accounts or records of financial trans- actions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the acenllnts Ir pf in ma nffi�••. V. 63—Appropriations lapse at end of year All-Wwropriatiuris shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. Section 64—Fees shall be paid to city government All fees for city services received !by any -officer or employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of finance. Section 65—Division of purchases There shall be established in the department of finance, a division " of purchases. The division of purchases, pursuant to rules and regu- lations established by ordinance, shall contract for purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the city government. The division of purchases shall also have power and shall be required to: (1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government; (2) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quan- tity, and conformance with specifications; (3) Have charge of such general storerooms and warehouses as the Commission may provide by ordinance; (4) Transfer to or between offices, departments or agencies, or with the approval of the Commission sell surplus, obsolete, or unused supplies, material and equipment. Section 66—Sale of city property; procedure for Before the city makes any sale or contract for the sale of any prop- erty belonging to the city, either in the form of land, real estate or other properties, having an estimated value of $500.00 or less, oppor- tunity shall be given for open competition by posting notices of said sales in not less than three public places within the corporate limits of the city of La Porte for a period of at least ten days prior to date of said sale. And in all sales of property valued at more than $500.00, the prop- erty shall be advertised for sale and bids in the local newspaper, the contract of sale shall be awarded to the highest responsible bidder ' after such public notice and competition as may be prescribed, pro- vided the Commission shall have the power to reject all bids and ad- vertise again. These same procedures shall be used whenever the city acts as transfer agent. Section 67—Purchase procedure Before the city makes any purchase for supplies, materials, equip- ment or contractural services, opportunity shall be given for compe- tition. The director of finance shall have authority to -make expendi- tures without the approval of the Commission for all budgeted items not exceeding $100.00. Any expenditure involving more than $100.00 19 must. be expressly approved in advance' by the Commission. All con- tracts or. purchases* involving more than $1,000.00 shall be let to the best -bid-by a responsible bidder after there has been an opportunity for competitive bidding. Where an expenditure of more than $2,000.00 is involved, notice of the time and place, when -and where such con- tract shall {be let shall be published in the official newspaper of the City of - La Porte, once a week for two consecutive weeks prior to the time for making such purchase or letting such contract, the time .of the first publication.'to be at least fourteen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the Commission shall have the right to reject any and all bids; and. provided further that nothing herein shall apply to con- -tracts for professional services nor to work done by the city and paid for by the day as such work progresses. Section 68—Contracts for city improvements. 'Any city improvements costing more than $2,000.00 shall be exe- cuted by contract except where such -improvement is authorized by by the Commission to be executed directly by a city department in conformity with detailed plans, specifications and estimates. All such contracts for more than $2,000.00 shall be awarded to the lowest re- sponsible bidder after such public notice and competition -as may be prescribed, provided the Commission shall have the power to reject all bids and advertise again. Except in case of emergency alterations in any contract not to exceed 50;0 of the total contract may be made when -authorized by the Commission upon written recommendations of the Mayor; provided that such alteration is acceptable to the other party of the contract. . Section 69—Accounting control of purchases All purchases made and contracts executed by the division of pur- chases shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the . director of finance certifies thatthere is to the credit of - such office, department or agency a sufficient unencumbered appro- priation balance to pay for the supplies, materials, equipment or con- tractual services for which the contract or order is to be issued. Section 70-Disbursement of funds All checks, vouchers or .warrants for the withdrawal of money from. the city depository shall be signed by the city treasurer, or his deputy, and countersigned by the Mayor. In the absence of the Mayor, checks may be countersigned by the Mayor Pro Tem. Section 71—Borrowing in anticipation, of property taxes In any budget year, in anticipation of the collection of the property. tax for such year; whether levied or to be levied in such year, the Commission may by resolution authorize the 'borrowing of money by the issuance of negotiable notes of the city, each. of which shall be designated "tax anticipation note for the year 19 ", (stating 'the budget year)' Such notes shall mature and be payable not later than the end.of the fiscal year in which the original notes shall have been issued. 67—Purchase ptocedure. 68—Contrasts for' city improvements. 69—Accounting control of purchases. 70—Disbursement of funds. 71—Borrowing in anticipation of property taxes. , 72—Borrowing in anticipation of. other revenue. 73--Sales of notes; report of sale. Section 57—Director of Finances; Appointment There shall:be:a department of finance, the head of which shall be appointed by the Commission. The Clerk of the city may 'by ordinance be appointed the Director of Finance. Section 58.—Director of Finance; Qualifications The director of finance shall have knowledge of municipal account- ing and taxation and shall -have had experiences in budgeting and financial control, and -accounting. Section 59.—Director of Finance; Surety Bond The director of finance shall provide a bond with such surety and in such amount as the Commission may require except that such bond shall be in an amount of not less than $5,000.00. Section 60.—Director of Finance; Powers and Duties The director of finance shall have charge of the administration of the financial affairs of the city and to that end he shall have the au- thority and shall be required to: (1) Compile the estimates of revenues and expenditure for the budget as directed by the Mayor. (2) Supervise and be responsible for the disbursment of all moneys and have control over all expenditures to .ensure that budget appropriations are not exceeded. (3) Maintain a general accounting system for the city govern- ment and each of its offices, departments and agencies; keep books for and exercise financial'budgetry control over each office,. department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropria- tion, the amounts paid therefrom, the unpaid obligations o against it and the unencumbered balance, require reports of receipts and disbursements from each receviing and spening . agency of tht city government to be made daily- or at such intervals as he may deem ' expedient. (4) Submit to the Commission a monthly statement of all receipts and disbursements in sufficient detail to show the exact . fi- nancial conditions 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 prop- erty within the corporate limits of. the city for taxation, make all special assessments for the city government, pre- pare tax maps and give such notice of taxes and special as - assessments as may be required by law. (7) Collect -all taxes, special assessments, license fees and other 20 %° 17 IN That the bonds to be issued shall mature serially within a giv- en number of years. The bond ordinance and the manner of conducting the election shall in all respects conform to this charter and the general laws of this State. Section 53—Ordinances previously authorized by election not sub- s t- refer-ndu jC�:4 W 1""C1Ct"C1I4 UIIl An ordinance passed pursuant to a purpose which has been author- ized by majority vote of the property taxpaying voters of the city of La Porte at an election held for that purpose shall not be subject to referendum. Section 54—Form and content when two or more projects are com- bined • A bond ordinance may combine two or more related projects, in which. event it shall, for each project, establish a separate appropriar tion and state separately the estimated maximum costs and amounts of down payments, but shall authorize a single issue of bonds to- fin- ance the aggregate of the appropriations thereby made. The title of such bond ordinance may state the aggregate of the appropriation, instead of the respective amounts. Section 55—Referendum on .bond ordinance Each bond ordinance relating to bonds not authorized by the quali- fied property taxpaying voters of the city of La Porte, shall be sub- ject to permissive referendum on petition pursuant to the provision of Article 10 of this charter, unless the bonds are authorized 'solely for a capital purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be issued to finance the improve- ment or extension of a municipally owned & operated utility or other public service enterprise. _ Section 56—Public sale All bonds issued under this charter shall be sold at public sale up- on sealed proposals after at least ten days notice published at .least once in a publication carrying municipal !bond notices and devoted primarily to financial news, and at least ten days notice published at least once in the official newspaper of the city. ARTICLE VII FINANCE ADMINISTRATION Section 57—Director of finance; appointment. 58—Director of finance; qualifications. 59—Director of finance; surety bond. 60—Director of finance; powers 'and duties. 61—Transfers of appropriations. 62—Accounting supervision and control. 63—Appropriations lapse at end of year. 64—Fees shall be paid to bity government. 65—Division of purchases. 66—Sale of city property; procedure for.. 16 Section 72—Borrowing in anticipation of other revenues In any budget year, in anticipation of the collection or receipt of other revenues of that budget year, the Commission may by resolu- tion authorize the (borrowing of money by the issma.nera of „ecru*;ohio notes of the city, each of which shall be designated "special revenue note for the year 19 ", (stating the budget year) . Such notes Moir be ,.,• A -V- M Ume t o time, but all such notes, together with the renewals, shall mature and be payable not later than the end of the fiscal year in which the original notes shall have been issued. Section 73—Sales of note, report of sale All notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale by the director of finance `�' without previous advertisement, but such sale shall be authorized by the Commission. ARTICLE VIII TAX ADMINISTRATION Section 74—Division of assessment 75—Property subject to tax; method of assessment. 76—Board of equalization; appointment; qualifications. 77—Board of equalization; public hearing; notice to owner. 78—Board of equalization; powers and duties. 79—Board of equalization; records; approval of rolls. 80—Taxes ; when due and payable. 81—Seizure and sale of property. 82—Tax liens. Section 74—Division of assessment There shall be establishedd in the department of finance a division of taxation, the head of which shall be the city assessor and collector of taxes. The assessor -collector shall give a surety bond for the faith- ful 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 Commission. Section 75—Property subject to tax; method of assessment All real and personal property within the city not expressly exempt- ed by law shall be subject to annual taxation at its true market value. Each person, partnership and corporation owning property within the limits of the City of La Porte, shall between the first day of. January -and the thirtieth day of March of each year, hand to the city assessor -collector a full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the first day of January of the current year. In all cases of failure to obtain a statement of real and personal property from any cause, the assessor -collector shall ascertain the amount and value of such prop- erty and assess the same as he believes to be true and full value thereof; and such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. Section 76—Board of equalization; appointment; qualifications The Commission shall each year prior to the first day of March ap- 21 point three residents who shall be qualified voters and real property owners as the board of equalization. Such board shall ,choose from its membership -a chairman. The city tax assessor -collector shall be ex-officio secretary of the board. A majority of said board's shall constitute a quorum for .the* transaction of business. Members of the board while serving shall receive such compensation as may be pro- vided for 'them by the Commission, not to exceed $25.00 per day. Section 77—Board of equalization; public hearing; notice to owner At the same meeting that the Commission appoints the board of equalization, it shall by ordinance fix the time of the first meeting. of the board which shall be on the tenth day of March, so as soon thereafter as practicable. After such first meeting, the board may reconvene and adjourn from time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any persons in relation to the assessment roll. Whenever said board shall find it their duty to raise the value of any property appearing on the lists or books of the assessor -collector, it shall, after leaving examined such lists and books and corrected all errors appearing therein, ad- journ to a day not less than ten nor more than fifteen days from the. date of adjournment -and shall cause the secretary of said board to give written notice to the owner of such property or to the person rendering same of the time to which said board has adjourned, and that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may be served by depositing the - same, properly addressed, and postage paid, in the city post office. Section 78—Board of equalization; powers and duties It shall be the duty of such board to examine and, if necessary, revise the assessments as returned by the city assessor -collector, to the end that all 'property within the city shall be assessed as fairly and as uniformly -as possible. The board of equalization shall also have the power to: (1) Review on complaint of property owners assessments for the purpose of taxation of both real and personal property within the city made by the city assessor -collector; (2) Administer oaths; (3) Take testimony; (4) Hold hearings; (5) Adopt regulations regarding the procedure of assessment re- view; (6) Compel the production of -all books, documents, --and other papers pertinent to the investigations of the taxable values of any person, firm, or corporation having or owning property within the corporate limits of the city sdbject to taxation. Section 79—Board of -equalization; records; approval of rolls The board shall be required to keep an accurate record. of all its_ proceedings, which shall be available for public inspection. Immedi- ately upon completion of its work, the board shall certify its approval of the assessment rolls which shall be returned to the Commission,.. which shall, thereupon approve the said rolls as returned to it and thereupon adopt the same as the assessment rolls to be used for the tailed account of such expenditures shall be recorded and reported. The proceeds of the contingent appropriation shall be disbursed only - _by transfer to other departmental appropriations, the spending .of which' shall be charged to the departments or activities for which the appropriations -are made. ARTICLE VI BORROWING FOR CAPITAL IMPROVEMENTS Section 49—Definitions. 50—Power to incur indebtedness by issuing bonds and notes. 51—Bond ordinance; vote required. 52—Form and content of bond ordinance. 53—Ordinances previously authorized by election not sub- . . ject to referendum. 54—Form -and content when two or more projects'are com- bined. 5&—Referendum on bond ordinance. 56—Public sale. Section 49—Definitions As used in this charter, "capital project" or "project" means; (a) physical public betterment, or improvement and preliminary studies and surveys relative thereto; (b) the ecquisition of property of a permanent nature; (c) the purchase of equipment for any public betterment or -improvement when first erected or acquired. Section 50=Powwer to incur indebtedness by issuing bonds and notes The city^may incur indebtedness by issuing its negotiable bonds, and notes in anticipation of bonds, pursuant to this charter, to fin- ance any capital project which it may lawfully construct or acquire, or for any legitimate public purpose. Section 51—Bond ordinance; vote required The city shall authorize -the issuance of bonds by a "Bond Ordin- Dance" passed by the affirmative votes of the majority of all mem- bers of its Commission, Revenue bonds may be issued by the Com- mission under the authority of Articles 1111-1118, Revised Civil Sta- tutes of Texas, 1925, as amended,' and all other applicable provisions of law and the Bond and Warrant Law of 1931. Section 52'- Form and content of bond ordinance The bond order shall provide for proper notice, the calling of the election, the propositions to be submitted and for the form of the ballot. The order shall specify: (1) The purpose for which the ,bonds are to be issued, and where possible, the probable period of usefulness; (2) The amount thereof; (3) The maximum rate of interest, in the order calling the elec- tion, and the rate or rates of. interest, in the ordinance issu- ing bonds; " (4) The levy of taxes sufficient to pay interest and sinking fund _ or retirement of principal; 15 22 (3) An analysis of property valuations. (4) An analysis of tax rate. (5) Tax levies and tax collections by years for at least ten years or for a number of years for which records are available. (Fl) (:e ral fi_nrl 9Q'»r'rn3 (76 Summary of proposed expenditures by function, department, and activity. (8) Summary of proposed expenditures by character and object. (9) Detailed estimates of expenditures shown separately by each activity to support the summaries No. 7 and 8 above. Such estimates of expenditures are to include an itemization of posi- tions showing the number of persons having each title and rate of pay. (10) A revenue and expense statement for all types of bonds. (11) A description of all bond issues outstanding, showing rate of interest, date of issue, maturity date, amount authorized, ,amount issued, and amount outstanding. (12) A schedule of requirements for the principal and interest on each issue of bonds. (13)A special funds section. (14) The appropriation ordinance. (15) The tax levying ordinance. The total estimated expenditures of the general fund and debt ser- vice fund shall not exceed the total estimated resources of each fund (prospective income plus cash on hand) . The classification of reve- nue and expenditure accounts shall conform as nearly as local condi- tions will permit to the uniform classification as promulgated by the National Committee on Municipal Accounting or some other nation- ally accepted claassification. Section 46—Anticipated revenues compared with other years In parallel columns opposite the several items of revenue there shall be placed the actual amount of such item for the last complet- ed fiscal year, the estimated amount for the current fiscal year, and the proposed amount for the ensuing budget year. Section 47—Proposed expenditures; comparison with other years The proposed expenditures for the adminsitration, operation, main- tenance and capital outlay of each office, department or agency of the city shall be itemized by character and object. In parallel col- umn opposite the various items of expenditures there shall be placed the actual amount of such items of expenditures for the last complet- ed fiscal year, the estimated . amount for the current fiscal year and the proposed amount for the ensuing budget year. Section 48—Contingent appropriation Provision shall be made in the annual budget and in the appropri- ation ordinance for a contingent appropriation in an amount not more than five per centum of the total general fund expenditure, to be used in the case of unforeseen items of expenditures. Such contin- gent appropriation shall be under the control of the Commission and distributed by the Commission. Expenditures from -this appropria- tion shall be made only in case of established emergencies and a de - collection of taxes for the current year. Section 80—Taxes; when due and payable All taxes due the City of La Porte shall be pavalble at the offiaa of i:he city 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 7 Taxes 1_ _ll ,. va,Yviv,.L y. laACa stiatit be j?a.iu 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 the Commission may provide by Ordinance. , Section 81—Seizure and sale of personal property The assessor -collector of taxes shall by virtue of his tax rolls have power and authority to seize and levy upon -all personal property and sell the same to satisfy all taxes, together with all penalty, interest and costs due on said personal property by said delinquent to the city. " When he seizes personal property for such purposes he shall keep the same at the expense of the owner until the sale is made, and shall give notice of the time and place of sale of same by posting a written notice at the city hall door and one at another public place within the City of La Porte at least ten days before the d-dte of sale. He shall sell the same to the highest bidder for cash for all taxes, interest, cost and expense of caring for said property, and shall make an entry in the book of sales of the amount for taxes, cost and expenses refund- ing surplus to sand delinquent. All such sales shall be made at the front door of the city hall. A sale of personal property for delinquent taxes shall convey with it an absolute title subject to the right of the delinquent to redeem the same within ten days, from the date -of said sale. Section 82—Tax liens The tax levied by the city is hereby -declared to be a lien, charge, or encumbrance upon the property upon which tax is due, which lien, charge, or encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city, for the amount of taxes due on such property is such as to give the state courts juris- diction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is -unknown, but also as against non-residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, which lien may be foreclosed in -any court having jurisdiction. ARTICLE IX NOMINATIONS AND ELECTIONS Section 83—Municipal elections. 84—Regulation of elections. 85—How to get name on (ballot. 86—Commission ballots. 87—Laws governing city elections. 88—Canvassing elections. 14 23 Section, 83--Municipal elections The regular election for the choice of members of the Commission as provided in'Article II, Section 12, shall be held every two years on the fourth Tuesday of April. The first such election shall be held'on the fourth Tuesday of April, 1950. The Commission may by ordinance or resolution order a special election, fix the time for holding same, and provide all means for holding such special elections. Section 84—Regulation of elections The Commission shall make all regulations which ' it considers need- ful or desirable, not inconsistent with this charter or the .laws of the state of Texas, for the conduct of municipal elections, for the preven- tion of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the ap- pointed election authorities, who shall also have power to make such regulations not inconsistent with this charter, with any regulations made by the Commission or the laws of the state of Texas. Section 85—How to get name on ballot Any qualified elector of the city who is otherwise qualified may have his name printed upon the official ballot for the particular office at any election by filing his sworn application with the Mayor at least thirty days prior to the election date and having posted the required filing fee, to be fixed by the Commission as follows: For Mayor _------------------ Not to exceed the sum'of $100.00 For Commissioner ------ Not to exceed the sum,of $ 50.00 The filing fees shall be used to defray the cost of the election and said fee shall (be prorated and any surplus shall be refunded 'to said candidates. Section 86—Commission ballots The full names of all candidates for Mayor or the Commission as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party o designations. If two candidates with the same surnames, or with names so similar as to be likely to cause confusion are nominated, the addresses of their places of residence shall be placed with their names on the ballots. The order of the names on the ballot shall be deter- mined by lot. Section 87—Laws governing city elections All city elections .shall be governed, except as otherwise provided by the charter, by the laws of the state 'of Texas governing general and municipal elections, so far -as same may be applicable therdto; and in event there should be any failure of the general laws or this charter to provide for some feature of the city elections, then the Commission shall have the power to provide for such deficiency, and no informalities in conducting a city election shall invalidate the same, if it be conducted fairly -and in substantial compliance with the general laws, where applicable, and the charter and I ordinances of the city. Section 88—Canvassing elections Returns of the elections, general and special, shall be made by the 24 heard, for or against the estimates or`any item thereof. Section 38—Vote required for adoption The, budget shall -be. adopted by the favorable votes of at least a. majority of all members o fthe whole Commission. el 'Section 39—Date of final adoption; failure to adopt The budget shall be finally adopted not later than the 27th day of the last month of the fiscal year. Should the Commission take no final action .on or prior to such day, the budget as submitted by the Mayor' shall;be deemed to have. been filially 'adopted by the Commis- sion. Section 40—Effective date of -budget; certification; copies made available Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be filed with the city clerk, the county clerk of Harris County; and the state comp- troller of public accounts in Austin. The final budget shall be print- ed, memeographed or others reproduced and sufficient copies, shall be made available for the use of all offices, departments and agen- cies, and for the use of interested persons and civic organizations. Section 41—Budget establishes appropriations From the effective date of the budget, the several amounts stated therein as proposed expenditures shall ;be and bcome appropriated to the several objects and purposes therein named. Section 42—Budget establishes amount to be raised by property tax From the effective date of budget, the amount stated therein as the -amount to be raised by property tax shall constitute a determin- nation of the amount of the levy for the purposes of the city, in the corresponding tax year. Section 43—Budget message; current operations The budget message submitted by the Mayor to the Commission shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the city for the budget year and shall describe in connection therewith the important features of the bud- get plan. It shall set forth the reasons for salient changes from the previous years in expenditure and revenue items and shall explain any major changes in financial policy. Section 44—Budge£ message; supporting schedules -Attached to the budget message shall be such supporting sched- ules, -exhibits and other explanatory material, in respect to both cur- rent operations and capital outlays as the Mayor shall believe use- �; ful to the Commission. Section 45=Budget The budget shall provide a complete financial plan for the fiscal year. It shall contain the following (1) A budget message. (2) A consolidated statement of receipts and expenditures for all funds. 13 38—Vote required for adoption 39—Date of final adoption; failure to adopt 40—Effective date of budget; certification; copies made available 41—Budget establ.shes approvdataun 42—Budget estalblishes amount to be raised by property tax 43—Budget message; current operations 44—Budget message; supporting schedules 45—Budget o 46—Anticipated revenues compared with other years 47—Proposed expenditures; comparison with other years. 48—Contingent appropriation Section 33—Fiscal year The fiscal year of the city government) shall begin on the first day of July and shall end on the last day of June of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this charter the term "Budget Year" shall mean the fis- cal year for which any particular budget is adopted and in which it is administered. Section 34—Preparation and submission of budget The Mayor, at least forty-five days prior to the beginning of each budget year, shall submit to the Commission a proposed budget and an explanatory budget message in the form and with the content's provided by sections 43 and 45. For such purpose, at such date as he shall determine, he, or an officer designated by him shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department, or .agency detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the Mayor shall review the estimates, shall hold hearings thereon and may revise the estimates, as he may deem advisable. Section 35—Budget a public record The budget and budget message and all supporting schedules shall be a pub'lic.record in the office of the city clerk open to public inspec- tion )by anyone. The Mayor shall cause sufficient copies of the bud- get and budget message to be prepared for distribution to interested persons.. Section 36—Publication of notice of public hearing At the meeting of the Commission 'at which the budget and bud- get message are submitted, the Commission shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven days after date of publication, at which the Commission will hold a pub- lic hearing. Section 37—Public hearing on budget At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the Commission shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be election officers to the Commission within five days following said election at which time the Commission shall canvass and declare the results of such election. ARTICLE X. INITIATIVE, REFERENDUM AND RECAM, Section 89—Power of initiative. 90—Power of referendum. 91—Form of Petitions; committee of petitioners. 92—Filing, examination and certification of petitions. 93—Amendmnets. 94—Effects of certification of referendum petitions. 95—Consideration by Commission. 96—Submission to electors. 97 Form of ballot for initiated and referred ordinances. 98—Results of election. 99—Repealing ordinances; publication. 100—Recall ; 'general. 101—Recall procedure. 102—Reca11 petitions. 103—Recall election. 104—Ballots. in recall election. 105—Results of recall election. 106—Limitations on recalls. 107—District judge may order election. Section 89—Power of initiative The electors shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiative ordinance may be submitted to the Commission by a petition signed by qualified electors of the city equal in number in at least fifty per centum of the number of votes cast at the last regular municipal election. _Section 90—Power of referendum The electors shall have power to approve or reject at the polls any ordinance passed by the Commission, or submitted by the Commission to a vote of the electors, except as provided in Section 55, such power being known as the referendum. Ordinances submitted to the Com- mission by initiative petition and passed by the Commission without change shall be subject to the referendum in the same manner as the other ordinances. Within twenty days after the enactment by the Commission of any ordinance which is subject to a referendum, a petition signed by qualified electors of the city equal in number to at least fifty per centum of the number of votes cast at the last pre- ceding regular municipal election may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a, vote of the electors. Section 91—Form of petitions; committee or petitioners Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need 12 25 not all be appended to one paper, but to each separate petition there- sion, shall post audit the ;books and documents kept by the depart shall be attached a statement of the circulator thereof -as' provided + ment of finance sand any separate, or subordinate accounts kept by by this section. Each'signer of any petition paper shall sign his name any other office, department -or agency of the city government. in ink or indelible pencil and shall indicate after his name his place of ARTICLE III residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and DEPARTMENTS addresses of five electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the _ Section 28—Directors of departments petition. Attached to each separate petition paper there shall be an 29—Departmental divisions affidavit of the circulator thereof. • that he, and he only personally Section 28—Directors of departments circulated the foregoing paper, that it bears a stated number of sig- At the head of each administrative department there shall be a natures, that all signatures appended thereto were made in. his pres- director, who shall be an officer of the city,, . and shall have supervi- ence, and that he believes them to be genuine signatures of the per- sion land control -of the departments subject to the Commission. Two sons whose names they -purport to be. or more departments may be headed by the same individual, and di - Section 92—Filing, examination and certification of petitions rectors of departments may also serve as chiefs of divisions. All petition papers comprising an initiative or referendum petition Section 29—Departmental divisions shall be assembled and filed with the city clerk as one instrument. The work of each administrative department may be distributed Within twenty days after a petition is filed, the city clerk shall de- among such divisions thereof as may beestablished by ordinance. termine whether each paper of the petition has a proper statement ARTICLE IV of the circulator and whether the petition is. signed by a sufficient number of qualified electors. The city clerk shall declare any petition DEPARTMENT OF LAW paper entirely invalid which does not have attached thereto an affi- davit signed by the circulator thereof. If a petition paper is found I Section 30—City attorney, appointment to be signed by more persons than the number of signatures. certified 31—City attorney, qualifications by the circulator, the last signatures in excess of the number certified 32—City attorney, powers and duties shall be disregarded. If a. petition paper is found to be signed by fewer persons than the number certified, the signatures shall be ac- , Section 30—City attorney, appointment T -cepted unless void on other grounds. After completing his examina- tion of the petition, the city clerk shall certify the result thereof to There shall be a department of low, the head of which shall be the city attorney, who shall be appointed by the Mayor and approved by the Commission at its next regular meeting. If he shall certify that the Commission. the petition is insufficient he shall set forth in his certificate the par- �, Section 31�City attorney, qualifications titulars in which it is defective and shall at once notify the committee The city attorney shall be a qualified attorney -at -law who is licen- of the petitioners of his findings. I -sed to practice in the State of Texas and meeting the qualifications Section 93—Amendment of. Petitions as set out in Article 1003, :of the revised civil statutes of the State An initiative or referendum petition may be amended at any time of Texas. ,within ten days after the notification of insufficiency has been sent Section 32—City attorney, powers and duties by the city clerk, by filing a .supplementary petition upon additional , The city attorney shall be the chief legal advisor of the Commis - papers signed and filed as provided in case of an original petition. sion, of all offices, departments and agencies and of all officers and The city clerk .shall, within five days after such an amendment is filed, employees in matters relating to their official powers and duties. He make- examination of the amended petition and, if the petition be still• shall represent the city in all legal proceedings..It shall be his duty insufficient, he shall file his certificate to that effect in his office to perform all services incident to his position as may be •required "` and notify the committee of the petitioners of his findngs and no fur- by statute by this charter orb ordinance. y ther action shall be had on such insufficient petition. The finding of - the insufficiency of a petition shall not prejudice the filing of a, new �' ARTICLE V petition for the same purpose. _ THE BUDGET Section 94—Effect of certification of referendum petition. Section 33—Fiscal year When .a referendum petition, or amended. petition as defined in Section 93 of this charter, has been certified as sufficient by the city 34—Preparation and submission of budget �, 35—Budget a public record clerk, the ordinance specified in the petition shall not go into effect, 36—Publication of notice of public hearing or further action thereunder shall be suspended if it shall have gone 37—Public hearing on budget .26 w 11 Section 25—Procedure for Passage of Ordinances Every ordinance shall be introduced in written or printed form and, upon passage, shall take -effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten days from the date of its passage. The city clerk shall give notice of the passage of of ordi.-A c imposi ng a penalty, fine or for el ture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in the city of La Porte at least twice within ten days after the passage of said ordinance. He shall note on every ordinance, the captoin of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the charter,. and the date of such publication, and pro- mulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and modification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in Section 109 of this charter, it shall not be necessary to the validity of any ordinance that it shall be read more than .one time or considered at more than one session of the Commission. Every ordinance shall be authenti- cated by the signature of the Mayor and city clerk and shall be sys- tematically recorded in an ordinance ibook in a manner approved by the Commisssion. It shall only be necessary to record the caption or title, of ordinances in the minutes of journal of Commission meet- ings. The Commission shall have power to cause the ordinances of .the city to be corrected, amended, revised, codified and printed in code form as often as the Commission deems advisable, and such printed code, when adopted by the Commission, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evi- dence in all courts and places without further proof. Section 26—In'vestigation by Commission The Commission shall have power to inquire into the conduct of any office, department, agency, or officer of the city and to make investigations as to municipal affairs, and for that purpose may sub- poena witnesses, administer oaths, and compel the production of books, papers and other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed one hundred dollars ($100.00). Section 27—Independent Audit Prior to the end of each fiscal year, the Commission shall desig- nate a practicing public accountant, who is licensed by the State of Texas, to make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit a report to the Commission. Notice shall be given by publication in the official newspaper in the city of La Porte that the annual audit is on file at the city hall for inspection. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. They shall not maintain any accounts or records of the city business, but, within specifications approved by the Commis - into effect, until and unless approved by the electors, as hereinafter provided. i Section 95—Consideration by commission Whenever Commission receives a certified initiative or referendum petition from the city clerk it shall proceed at once to consider such petition. A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The Commission shall take final action on the ordinance not later than sixty days after the date on which such ordinance was submitted to the Commission by the city clerk. A referred ordinance shall be re- considered by the Commission and its final vote upon such reconsid- eration shall be upon the question, "Shall the ordinance in the refer- endum petition be repealed " Section 96—Submission to electors If the Commission shall fail to pass an -ordnance proposed by ini- tiative petition or shall pass it in a form different from that set forth in the petition therefor, or if the 'Commission fails to repeal a re- ferred ordinance, the proposed or referred. ordinance shall be sub- mitted to the electors not less than thirty days nor more than sixty days from the date and the Commission takes its final vote thereon. The Commission may, in its discretion, and if no regular election is to be held within such period shall, provide for a special election. Section 97—Form of ballot for initiated and referred ordinances' Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions of this charter shall be submit- ted by ballot title, which shall be prepared in all cases by the city at- torney. The (ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise state- ment, without argument or prejudice, descriptive of the substance of such ordinance, if a paper ballot, shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may _be submitted: on the same ballot, but any .paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have 'below it the same two propositions, one above the other or one preceding the other in the order indicated, and the elector shall be given an opportunity to vote for ,either of the two propositions and thereby to vote for or against the ordinance. Section 98—Results of Election If a majority of the electors voting on a proposed initiative ordi- nance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting -thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same elec- tion, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 10 27 Section 99--Repealing Ordinances; -Publication Initiative and referendum ordinances adopted or approved by the electors shall be published, and .may be amended or repealed by the Commission, -as in the case of other ordinances.. Section 100—Recall; General The Mayor or any member of the Commission may be removed from office by recall. Section 101—Recall Procedure Any elector of the city of La Porte may make and file with the city clerk -an affidavit containing the name or names of the officer or offi- cers whose removal is sought and �a. statement of the grounds for re- moval. The clerk shall thereupon deliver to the elector making such af- fidavit copies of petition blanks demanding such removal. The city clerk shall keep a sufficient number of such printed petition blanks on hand for distribution. Such blanks when issued by the city clerk shall bear the signature of that officer and be addressed to the Commis- sion, and shall be numbered, dated, and indicate the name of the per- son to whom issued. The petition 'blanks when issued shall • also indi-• cate the name of the person to . whom issued. The petition blanks when issued -shall also indicate the number of such blanks issued and the name of the officer whose removal is sought. The city clerk shall enter in a record -to be kept in his office the name of the elector to whom the petition blanks were issued and' the number issued to said person. _ Section,.102 Recall Petitions The recall -petition .to be effective must be -returned and filed with the city clerk within thirty days after the filing of the affidavit re- quired in Section 101, and it must be signed by qualified electors of the city equal in number to at least 50°16 of those who were. qualified voters and voted on the date of. the last -regular municipal 'election. and at least one-half of the qualified voters •constitutiing such 509',, signing the petition shall make affidavit, to be filed with the petition, to the effect that. they voted for the person whose .recall is sought, in the election at which he was last elected. Such recall petition shall con- form to the provisions of Section 91 herein, and no petition papers shall be accepted as .a part of a petition unless it bears the signature of the city clerk, as required 'in Section 101 herein. Section 103—Recall Eelection The city clerk shall at once examine the recall petition and if he finds it sufficient and in compliance with the provisions of this -article of the charter, he shall within five (5) days submit it to the Commis- sion with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within. five (5) days after such notice the Commis- sion shall thereupon order and fix a date for holding a recall election. Any such election shall be held not less than thirty days nor more than sixty days after the petition has been presented to the Commission at.the same time as any municipal election held within such period; but if no such municipal election be held within such period, the Com- mission shall call a special election to be held within the time aforesaid. 28 I sign all the duties of Director -of Finance, and or all the duties of as- sessor and collector of taxes of the city to the City Clerk. Section 20—Appointments of Recorder and Clerk The city recorder shall be - appointed by the Commission to serve for a period -of two years. He shall receive such. salary as may be fixed by the Commission from time to time. The Recorder shall be judged of the corporation court which shall have the jurisdiction and shall be conducted in the manner prescribed and authorized by law. All costs and fines imposed by the corporation court, or by any court in any cases appealed from judgments of the corporation court, shall be paid into the city treasury for the use and benefit of the city. The city clerk or his. deputy shall be clerk of the corporation court. The clerk of the said court and his deputies shall have the power to ad- minister oaths and affidavits, make certificates, affix the seals of said court thereto, and generally do and ,perform any and all acts usual and necessary by clerks of courts and' conducting the business thereof. Section 21—Induction of commission into office; meetings of com- . mission ' On the first Tuesday next following the regular municipal election held- on the fourth Tuesday of - April, or as soon thereafter as prat- ticable, the Commission shall meet at the usual place for holding meetings, and the newly -elected members shall qualify and assume the duties of office. At such meeting the Commission shall select one of its members .to serve as Mayor Pro Tem, and he shall perform all the duties of -the Mayor in his absence or disability. Thereafter, the Commission .sha•11 meet regularly at such times as -may be pre- scribed by its rules but not less frequently than once each month. All meetings of the Commission shall. be open to the public; special meetings shall be called by the city clerk upon- request of the Mayor or the two Commissioners. Section 22—Commission to be Judge of Qualifications of its members The Commission. shall be the judge of the election and qualific4a- tions of its members and for such purpose shall have power to sub- poena witnesses and require the production of records, but the de- cision of the Commission in any such case shall be subject to review by the courts. Section 23—Rules of Proceedings; Journal The Commission shall determine its own rules and order of busi- ness. It shall keep a journal of its proceedings and the journal shall be open to public inspection. Section 24—Ordinances In addition to such acts of the Commission as are required by sta- tute or by this charter to be by ordinance, every act of the Commis- sion establishing a fine or other penalty or providing for the expen- diture of funds or for the contracting of indebtedness shall be by ordinance. The enacting clause of all' ordinances shall be, `BE IT OR- DAINED BY THE CITY COMMISSION OF THE . CITY OF LA PORTE." 9 (2) Adopt budget of the. city. (3) Authorize the issuance of bonds by a bond ordinance. (4) Inquire into the conduct of -any officer, department.or agency of the city and make investigations as to municipal affair's and vaava tic Laic cvaiiti LlVi1 of lrirgLLlaTlLle$. (5) Appoint the members of the planning commission. (6) Appoint the members of the zoning board of appeals. (7) Adopt plats. (8) Adopt and modify the official map of the city. (9) Adopt, modify, and carry out plans proposed by the planning commission for the clearance of slum districts and rehabili- tation of blighted areas. (10) Adopt, modify and carry out plans proposed by the planning commission for the replanning, improvement and redevelop- ment of neighborhoods and for the replanning, reconstruc- tion or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. (11) Provide for the establishment and designation of fire limits and to prescribe the kiind and character of buildings or struc- tures or improvements to be erected therein, and to provide for the erection of fireproof )buildings within certain limits. and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings or buildings calculated to increase the fire hazard, and- the manner of their remov- al or destruction. Section 17—Depaitment heads; rights of The heads of all departments and such other officers of the city shall be entitled to attend meetings of the Commission, but shall have no vote therein. They shall have the right to take part in the discussion of all matters coming before the Commission, and the di- rectors and other officers shall be entitled to take part in all discus- sions of the Commission relating to their respective .offices, depart- ments, .or agencies. Section 18—Admin)strative Departments There are hereby created the following administrative depart- ments: Finance, Police, Fire, Law, Public Works, Health, Recrea- tion, and Water. The Commission may, if it deems it advisable, consolidate into one department, the Public Works, Health, Recreation and Water De- partments, or make other consolidation of such departments as it may deem advisable. The Commission by ordinance inlay create, change, 4or abolish offices, departments, or agencies other than the offices, departments and agencies established by this charter. Section 19—City Clerk , The Commission shall appoint a competent person to be clerk of the city. He shall give notices of Commission meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full, in a book kept for the purpose, all ordinances and resolutions, and shall perform such other duties as may be assigned to him by the Commission. The Commission may by ordinance as - Section 104-1allots In Recall Election ' Ballots used at recall elections shall conform -to the following re- quirements: - �.....� �.. ca�.11 pelsun whose removal is. sought the ques- tion shall be submitted "Shall (name of person) be. removed from the office of (name of office) by re ll ?" (Lj Immediately below each such question there shall be printed the two following propositions, one above the other, in the or- der indicated: "For the recall of (name of person)" "Against the recall of (name of person)" Section 105—Results of RecallElection If a majority of the votes cast aat a recall election shall be against the recall of the officer named on the ballot, he shall continue in of- fice for -the remainder of his unexpired term, subject to recall as be- fore. If a majority of the votes at such an election be for the recall of the officer named on the ballot. he shall, regardless of any technical defects in the recall petition be deemed removed from office and the i vacancy shall be filled by the Commission as in other'vacancies. i Section 106—Limitations on Recalls No recall petition shall be filed against the Mayor or a Commission- er within six months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six months after such election. Section .107—District Judge May Order Election Should the Commission fail or refuse to order any of the elections as provided for in this article, when all the requirements for such elec- tion have been complied with by the petitioning electors in conformity with this article of the charter, then it shall be the duty of any one of the District Judges of Harris County. Texas, upon proper applica- tion being made therefor, to order such elections and ' to enforce the carrying into effect of the provisions of this article of the charter. ARTICLE XI FRANCHISES AND PUBLIC UTILITIES Section 108—Powers of the city. 109—Franchises ; power of .Commission. 110—Franchise value not to be allowed. 111—Right of regulation. 112—Consent of property owners. • 113—Extensions. 114—Other conditions. 115—Franchise records. 116—Accounts of municipally owned utilities. 117—Regulations of rates and service. Section 108—Powers of the city In addition to the city's power to buy, own, construct, maintain, and operate utilities and to manufacture and distribute electricity, gas, or anything else that may be needed or used by the public, the 8 29 city shall have further powers as may now or hereafter be granted I' under the constitution -and laws of the State of Texas.. Section 109—Franchises; power of .Commission The Commission shall have power by ordinance to grant, amend, re- 11. new and extend all franchises of all public utilities of every character d operating within the city of La Porte, and for such purposes is grant- ed full power. All ordinances granting, amending, renewing, or extend- ing franchises for public utilities not be finally passed until thirty days after the first reading; and no such ordinance shall take effect until sixty days after its final passage; and pending such time, the full text of such ordinance shall be published once each week for four consecutive weeks in the official newspaper of the city of La Porte, and the expense of such publication shall be borne by the proponent of the franchise. No public utility franchise shall be • transferable except with the approval of the Commission expressed by ordinance. Section 110—Franchise value not to be allowed ' In fixing reasonable/rates and charges for -utility service within the city and in determining the just compensation to be paid by the city for public utility property which the city may acquire by condem- nation or otherwise,\ nothing shall be included as the value of any franchise granted by the city under this charter. Section 111—Right of regulation _ All grants, renevWals, extensions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to -the right of the city: (1) To repeal the same 'by ordinance at any time for failure to be ; gin construction -or operation within the time prescribed or otherwise to comply with the terms of the franchise, such I. power to be exercised only after due notice and hearing. �. (2) To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reason- able standard of efficiency. (3) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates. •(4) To -prescribe the form of accounts kept by each such utility; pro- vided, that if the utility shall keep its accounts in accordance with the uniform system of accounts for said utility prescribed- ; Iby the National Association of Railroad and Public Utility Com- missioners, the Federal Power Commission, the Federal Com- munications Commission, the Railroad Commission of Texas, their successor, or successors, this shall be deemed sufficient e ' compliance with this paragraph. At any time to examine and audit the accounts and other rec- ords of any such utility and to require -annual and other reports, including reports on local operations by each such public utility. (5) To impose such reasonable regulations and restrictions. as may i be deemed desirable or conductive to the safety; welfare, and accommodation of the public. (6) To at any time require such compensation and rental as may be permitted by the laws of the state of Texas. f 30 lie service corporation within the city nor in the employ of any own- er of stock in any public utility or public service corporation. Any officer or employee of the city who shall cease to possess any of the qualifications herein required shall forfeit his office or position and -any contract in which any officer or, employee shall or may become interested shall be- declared void by the Commission. Section 14—Compensation of Member of Commission The Commission shall hold at least one regular monthly meeting, .and the Mayor or two Commissioners may call as many special meet- ings as may -be necessary to attend to the municipal business. Each Commissioner and the Mayor shall receive for his services, five dol- lars ($5.00) per day for each regular meeting, and three dollars ($3.00) per day for each special meeting. The Mayor or any Com- missioner shall not receive pay for more than five special meetings in any one month. In lieu of such per diem the Commission may fix .the salary to be received 1by the Mayor and Commissioners, not to exceed the sum of twelve hundred dollars ($1200.00) per year for .the Mayor, and six hundred dollars ($600.00) per year for each'Com- Missioner. Section 14=A—Presiding Officer; Mayor The Mayor shall preside at meetings of the Commission and shall be entitled to vote upon all matters considered by the Commission. The Mayor shall exercise such other powers and perform such other duties as are•or may be conferred and imposed upon him by this char- ter and the ordinances of the city: He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for civil process and 1by the government for purposes of military law. In times of public danger or emergency the 'Mayor shall take com- mand of the -police, maintain order and enforce the law. If a vacancy occurs in the office of Mayor or in the case of his absence or disabi- lity the Mayor. Pro Tem. shall act as Mayor until a successor is elect- ed or -appointed and has qualified. Section 15—Vacancies in Commission A vacancy in the Commission shall be filled by a qualified voter residing in the city, and having the proper qualifications by a major- ity vote of the remaining members of the Commission. When more than one vacancy shall develop at one -time then a special election shall be called within forty-five days (45) and any vacancy filled in the same manner as herein provided for general elections; provided, however, if such vacancies occur within ninety days of a general el- ection, then no special election shall be called. Section 16—Powers All powers of the city and the determination of all matters of pol- icy shall be vested in the Commission. The Commission shall exe- cute the laws and administer the government of the city. Without limitation of the foregoing and among the other powers that may be exercised by the Commission, the following .are hereby enumera- ted for greater certainty. '(1) Establish administrative departments and distribute the work 11 of divisions. �7 ARTICLE II THE COMMISSION Section 12—Number, selection, term 13--Qualifications 14—Compensation of members of Commission a aa.uaulilg o111liCl", Mayor 15F—Vacancies in Commission 16—Powers 17—Department heads; rights of 18—Administrative departments , 19—City Clerk 20—Appointment of recorder and clerk 21—Induction of Commission into office; meetings of Com- Aussion 22—Commission to be judge of qualifications of its members 23—Rules of procedure; journal 24—Ordinances 25—Procedure for passage of ordinances 26—Investigation by Commission 27—Independent audit Section 12—Number, selection, term The members of the Commission of the city of La Porte shall hold their offices for a term of two years, and until their successors have been elected and duly qualified. After this charter becomes effective, on the fourth Tuesday in April, 1950, a Mayor and two Commissioners shall be elected, and thereafter a Mayor and two Cimmissioners shall be elected on the fourth Tuesday of April, every two years. In the election of the Commissioners the two candidates receiving the highest number of qualified votes shall be declared elected and there shall be no run- off elections. In the election of a Mayor, the candidate receiving the highest number of qualified votes shall be declared elected and there shall be no runoff elections. In the event the election of a Commis- sioner or Mayor can not be determined because of a tie vote, the Commission shall call'a special election within thirty (30) days to determine the winner between the candidates receiving such vote. The candidate receiving the highest number of qualified votes in such election shall be declared elected. Section 13—Qualifications The Mayor ;and each Commissioner shall be at least twenty-eight years of age and a resident citizen of the city of La Porte, and have qualifications of electors therein, and shall have owned real proper- ty in said city for a period of at least one year immediately prior to the date application is made for his name to be placed on the ballot. The Mayor, Commissioners, other officers and employees of the city shall not be indebted to the city; shall not hold any other public of- fice and shall not be interested in the profits or any contracts, job, work or service for the municipality or interested in the sale to the city of any supplies, equipment, material or articles purchased; nor shall any of them be the owner of stock in any public utility or pub - Section 112—Consent of property owners The consent of abutting and adjacent property owners shall not ibe required for the construction, extension, maintenance or operation of a;ly publie utUity ; but nothing in this charter or in any franchise granted thereunder shall ever be construed to deprive any such prop- erty owner of a.ny rights of action for d."'rnage or -1Ju y to 'i'lis Prop- erty as now or hereafter provided by law. Section 113—Extensions All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be oper- ated as,such, and shall be subject to all the obligations and reserved rights contained in this charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in Sec- tion 111. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Section 114—Other conditions All franchises heretofore granted are recognized- as contracts be- tween the city of La Porte and the grantee, and the cantractual right as contained in any such franchises shall not be impaired by the pro- visions of this charter, except that the power of the city of La Porte to exercise the right of eminent domain in the acquisition of any util- ity property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to re- quire proper and adequate extension of plant and service and the maintenance of the plaant and fixtures at the highest reasonable stand - and of efficiency. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this article whether or not such terms are specific- ally mentioned in the franchise. Nothing in this charter shall operate to limit in any way, as.specifically stated, the discretion of the Com- mission or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. Section 115— Franchise records Within six months after this charter takes effect every public util- ity and every owner of a public utility franchise shall file with the city, as may be prescriped by ordinance, certified copies of all fran- chises owned or claimed, or -under which such utliity is operated in the City of La Porte. The city shall compile and maintain a public record of public utility franchises. Section 116—Accounts of municipality owned utilities Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true and complete financial re- sults of such city ownership and operation, including all assets, ap- propriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves, and surplus, also revenues, operating expenses, including depreciation, interest pay- ments, rental and other disposition of annual income. The accounts 31 shall show the actual capital .cost to -the city of each public utility owned, also the cost. of all extensions, additions and .improvements, and the source of the funds expended ' for such capital purposes. They shall show'as nearly as possible the cost of any service furnished to or rendered by any such utility to -any other city or governmental de- partment. The Commission shall annually cause to be made by a licensed public- accountant and shall publish a report showing the financial results of such city ownership and operation, giving- the in- formation specified in this section or such data as the Commission shall deem expedient, in accordance .with Section 27, 'Article II. Section 117—Regulations of rates and service I� The Commission shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating in the city of LaPorte. , ARTICLE XII GENERAL PROVISIONS Section 118—Publicity of records. 119—Personal interest. 120—Oath of office. 121—Bonds; discharge of officers and employees: 122—Public library. 123—Hospital ; operation. 124—Hospital ; finances. 125--Zoning ordinances. 126—Housing authority. 127—Provision relating to assignment, execution and gar- 128—City not required to give security or execute bond. 129—Disabled employees, pensions, insurance. 130—'Effect of this charter on existing laws. 131—Interim municipal government. 132—Amendment the charter. 133—Separability clause. 134—Submission of charter to electors. Section 118—Publicity of records All�records and accounts of every office, department or agency of the city shall be open to inspection by -any citizen, any representative of a citizen's organization or any representative of the press at all rea- sonable times and under reasonable regulations established by the Commission. Section, 119—Personal interest No member of the Commission or any officer or employee of the city shall have a, financial interest, direct or indirect or by reason of ownership of stock in any corporation, in -any contract, or in the sale to the city, or to a contractor supplying the city, of any lands or rights of interests in 'any land, material, supplies, or service. The Commis- sion shall never authorize the expenditure of public funds for the de- velopment of a privately owned sub -division. Any wilful violation of this section shall constitute malfeasance in office, and any officer or Section 10—Extending Limits by Action of the Commission The Commission shall have power by ordinance to fix the 'bound- ary limits of the city of- La Porte and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said city, with or without the consent of the terri- tory and inhabitants. annexed. -Upon the introduction of quch an ordinance in the .Commission, it shall be published in the official newspaper as adopted 'by the Commission in the city of La Porte one time, and shall not thereafter Ibe finally acted upon until at least thirty days have elapsed • after- the first • notification thereof. Any citizen of the city of La Porte, or of the territory to .be annexed, shall have the right to contest said annexation by filing with the Com- mission a written petition setting out the reasons for said contest, and after such citizen or citizens shall have been -given an opportun- ity to be heard, said ordinance in original or amended form, as said Commission in its judgment may determine, shall be finally passed, and the territory so annexed shall be a part of the city of La Porte and the inhabitants thereof shall be entitled to all rights and privi- leges of other citizens and shall be.lbound by the acts, ordinances, re- solutions and regulations of said city. Section 11—Sanitary Sewer System The city shall have the power to provide'for a sanitary sewer sys- tem and to require property owners -to connect their premises with such sewer system; to provide for fixing penalties for failure, to make sanitary sewer connections; and shall further have the right to fix charges and compensation to ' be charged by the city for sew- erage service, providing rules and regulations • for the collection thereof, and to provide for rendering a lien against any property owners premises who fails or refusese to make sanitary sewer con- nections after due notice and to charge a cost against said owner and make it a personal liability. Section 11-A—Garbage Disposal' . The Commission shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all, garbage, trash and rubbish within the city of La Porte and shall fix charges and compensation to be charged by the city.for the removal of garbage, trash, and rubbish, providing rules and regulations of the collection thereof. Section 11-B—Nuisances, Etc. The city- shall have the power to define all nuisances and prohibit the same within the city and outside the city limits for a distance of 5,000 feet; to have power to police all parks or grounds, speed- ways, *or boulevards owned by said city and lying outside of said city, to prohibit the pollution of any stream, drain or tributaries, there- -of, which ;may constitute the source of water supply of any city and to provide for policing the same as well as to provide for the protec- tion of any water sheds- and the policing of same, to inspect dairies, slaughter pens, and slaughter houses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city. 32. 5 . inane of the governing body of the efty. The power of eminent do- main hereby conferred shall include the right of the city to take the fee in the lands so condemned and such power and authority shall include the right 'to condemn public property for such purposes. The ci. Shall invc and Possess thin power ui eundemnation for any mun- icipal or public purpose, even though not specifically enumerated herein or in this charter. Section 7—Street Powers The city of La Porte shall have the power .to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abo- lish, close, care for, pave, -supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and re- gulate the use thereof and require the removal from streets, side- walks, alleys and other public property or places of all obstructions and all fruit stands, show cases and encroachments of every nature or character upon any of said streets and sidewalks. Section 8--Street Improvements The city of La Porte shall have exclusive dominion, control and jurisdiction in, upon and over and under the public streets, avenues, alleys and highways of the city, and may provide for the improve- ment thereof of paving, re -paving, raising, draining, or otherwise. The provisions of Chapter 106, Fortieth Legislature, First Called Session, Acts 1927, together with existing amendments and all such amendments as hereinafter may be made, are expressly adopted and made a part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, al- leys and highways of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the lo- cation of, all utility pipes, lines, wires, or other property. Section 9—Extending City Limits upon Petition Whenever a majority of the qualified voters who are citizens of the State of Texas and inhabitants of any territory adjoining the City of La Porte, as said territory may be designated by the Com mission or in case there are no qualified voters .in said territory, then when persons owning a majority of the land in area in said ter- ritory desires the annexation of such territory to the city of La Porte, they may present a written petition to that effect to the Com- mission and shall attach to said petition the affidavit of one or more of their number to the effect that said petition is signed by a major- ity of such qualified voters, or in case there are no qualified voters in said territory and that the persons signing said petition own a majority of the land in area in said territory; and thereupon the Commission at regular session held not sooner than twenty days after the presentation of said petition may by ordinance annex such territory to the city of La Porte and thenceforth the said territory shall be a part of the city of La Porte, and the inhabitants thereof shall be entitled to all the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of the said city. employee of the city found guilty thereof shall thereby forfeit his of- fice or position. Any violation of this section with the knowledge ex- pressed or implied of the person or .corporation contracting with the city shall render the contract voidable by the Commission: Section 120—Oath of office ' Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to The filed and kept in the office of the city clerk: do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ------------- — _—__ of the city of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend 'the con- stitution and laws of the United States and of this state and the char- ter and ordinances of this city; and -I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promis- ed to contribute any money, or valuable thing, or promised any public office or employment, as a• reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of ap- pointment, to secure my appointment. So help me God." ' Section 121—Bounds; Discharge of officers and employees The Commission shall require a bond from each officer of the city and may require bond from any city employee in amounts to be fixed by the Commission. The Commission shall be authorized to dis- charge at any time, with or without a hearing, as the Commission may elect, any officer, employee or clerk which it appoints. Section 122—Public library The Commission shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm, association or corporation under such terms- as the Commission may prescribe for the establishment of such free public library. For 'budget purposes, the library shall be connsidered as a department of of the city and the appropriations therefor shall comply with all the budgetary requirements as outlined in this charter and as may be prescribed from time to time by the Commission. Annual appropria- tions for the library will not be continuiing, but will revert to the general fund in the same manner as the underspent appropriations of the other departments. Section 123—Hospital; operation of + The city shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise all property that may be useful or necessary for the purpose of establishing and main- taining a municipal hospital. Such hospital shall be operated by a hos- pital board, subject only to such direction and supervision as shall be contained in any ordinance or ordinances duly enacted by the govern- ing body of said city. Section 124—Hospital; finances All funds belonging to said hospital, whether classed as funds re- 4 33 ceived in course of operation, or otherwise, shall be kept in a separ- ate hospital fund, and shall be used only for the operation and main- tenance of said hospital and for no other purpose, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall sub- mit a quarterly operating statement to the Commission, and an annual audit to coincide with the fiscal year of the city of La Porte. Section 125-Zoning' Ordinances For the purposes of promotiing the health, safety, morals. or general welfare of the city, the Commission may by ordinance regulate the lo= cation, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence and other purposes. Such ordinances may provide that the zoning board of appeals may, in appropriate cases and subject to ap- propriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the zoning board of appeals may au- thorize variances from the strict application of the regulations in such situations and subject to such limitations as may be set forth in ordinance. All of the powers granted by Title 28, Chapter 4, Articles 1011A to 1011J, both inclusive, of the 1925 Revised Civil Statutes -of Texas, together with existing amendments and all amendments as hereinafter may be made relating to zoning in cities; are hereby adopt- ed and made a part of this charter. Section 126—Housing authority The Commission may create a housing authority of such nuntber, terms and compensation of members as the Commission may deter- mine and may delegaate to the housing authority such powers relating to the planning, construction, reconstruction, alteration, repair, main- tenance or operation of housing projects and.housing accommodations as the Commission may determine. Section 127—Provisions relating to assignment, execution and garnishment The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost . bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or se- questration; nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to .any person. Neitherthe city nor any of its officers or agents shall ibe required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents, or contractors. Section 128—City not required to give security or execute bond It shall not be necessary in any action, suit or proceeding in which _ the city of La Porte is 'a party, for- any bond, undertaking or security to be demanded or executed by or on behalf of said city in any of the state courts, but in all such actions, suits, appeals or proceedings same such property as -its interest may require; and, except as prohibited by the Constitution of this State or restricted by this charter, the city shall and may exercise all municipal powers, functions, rights, privileges and in nunities of every name and nature whatsoever. The city may use a corporate seal; may The sued and may sue; may c6ntract and be contracted with, may implead and be impleaded in 'all courts and places and in all matters whatever; may cooperate with the government of the State of Texas or any agency thereof, or any political subdivision of the State of Texas to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the city and its inhabi- tants; and may pass such ordinance as may be expedient for main- taining the peace, welfare of the city and for the performance of the functions thereof. The enumeration of particular powers by this charter shall not be deemed to be exclusive and in addition to the powers enumerated therein or implied thereby are appropriate to the exercise of such powers it is intended that the city of La Porte shall have and may exercise all powers of local self government and all powers enumerated in Chapter 13, Title 28, Article 1175 of the Revised Civil Statutes of the State of Texas 1925 and amendments thereto and hereinafter enacted or any other powers which- are the Constitution and Laws of the State of Texas it would be competent -for this charter to specifically enumerate. Section 5=Special Provisions for Damage Suits Before the city shall'be liable to damage claim or suit for personal injury or damage to property the person who is injured or whose property is damaged or someone in his behalf shall give the City Clerk notice in writing within thirty (30) days after the occuring of the alleged injury or damage stating specifically in such notice when where and how the injury or damage was sustained and setting forth the extent of the injury or damage as accurately as possible and giving the names and addresses of all witnesses upon whose tes- timony such person is relying to establish the injury or damage. No action at law for damage shall be brought against the city for per- sonal injury or damage to property prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the City Clerk. After the expiration of sixty (60) days aforemen- tioned, the complainant may then have two years in which to bring an action of law. Section 6—Emin'en.t Domain The city shall have the full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this charter or by the Constitution or Laws of the State of Texas. In all cases where the city seeks to exercise the power of eminent domain it may be con- trolled as nearly as practicable by the laws governing'the condem- nation of property of Railroad Corporations in this state, the city taking the position of the railroad corporation in any such case. The city may also exercise the powers of eminent domain in any other manner authorized or permitted by the Constitution and Laws of this State, or in the manner and. form that may be provided by ord- 34 3 ARTICLE I INCORPORATION; FORM OF GOVERNMENT CORPORATE AND GENERAL POWERS v5eC 1t:1U11 !—Corporate name. 2—Boundries establishing the city limits. 3—Form of a Vll4. 4—Powers of the City. 5—Special provisions for damage suits. 6—Eminent domain. 7—Street powers. 8—Street improvements. 9—Extending city limits . upon petition. 10—Extending city limits by action of the Commission. 11—Sanitary sewer system. 11-A—Garbage disposal. 11-B—Nuisance, etc. Section 1—Corporate name The inhabitants of the city of La Porte within the boundries as. now established or as hereafter established' in the manner provided by law shall continue to be a body politic and corporate and be known by -the name of the city of La Porte. Section 2—Boundries establishing the city limits. The boundaries and limits of the city of La Porte shall be the same as have heretofore been established and now exist, which boundaries and limits are shown on the map record in Volume 8, Page 16, Map Records of Harris County, Texas. Section 3—Form of Government The governing body of the city of La Porte shall be a Conmission composed of the Mayor and two Commissioners, to be known as the Commissoin of the city of La Porte. The members of the City Com- mission sall be elected from the city of La Porte at large in the man- ner prescribed elsewhere in this charter. As hereinafter used in the charter the word Commission shall be construed to mean a Mayor and two Commissioners. Pursuant to its provisions and subject only to the limitation imposed by the State Constitution and by this Char- ter all powers of the city shall be vested in the elected Commission, which shall enact local legislation, adopt budgets, determine poli- cies and execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescrib- ed by this charter or if the manner be not prescribed then in such manner as may be prescribed by ordinance. Section 4—Powers of the City The city shall have all the powers granted to Municipal Corpora- tion and to cities by the constitution and laws of the State of Texas together with all the implied powers necessary to carry into execu- tion all the powers granted. The city may acquire property within or without its corporate limits for any city purpose In fee simple or any lesser interest or estate by purchase, gift, devise, lease or con- demnation and may sell, lease, mortgage, hold, manage and control shal,l be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be just as liable as if security of bond had been duly executed. Section 129—Disabled employees; pensions, insurance The Commission shall have authority to provide the. r„lea and renil- �1. b.� 1atauils for maintaining employees 'When injured and disabled while performinig their duties, or it may probide for such plan of insurance as it deems proper. The Commission may establish a pension plan of pension to any employee who has been continuously employed by the city for twenty years and who shall have reachdd the age of fifty- five, or may adopt in lieu thereof -any pension system available to cities under state law. The amount of said pension shall be graded and proportioned to the average salary received by the employee during the whole period of his employment. All those falling under the head of.employees in this charter and who are employed by the city when the same -takes effect shall Ibe entitled to a credit for the years of continuous service heretofore served. Provided however that any payment under this provision shall never constitute a waiver or stop the city from asserting any defenses it might have under section 5, of Article 1 of this charter. Section 130—Effect of this charter on existing law All ordinances, resolutions, rules and regulations now in force under the city government of the city of La Porte and not in conflict with the provisions of this .charter shall remain in force under this charter until altered, amended or repealed by the Commission after this charter takes effect; and all rights of the city of La Porte under existing franchises and contracts are preserved in full force and effect to the city of LaPorte, and any unissued bonds and revenue bonds, or installments thereof, heretofore- authorized at an election held in said city shall not be affected by the adoption of this chaarter, but the right to sell, issue, and deliver same, in whole or in part, in keeping with the provosions of the laws under which they were voted is hereby expressly reserved. Section 131—Interim municipal government From and after the'date of the adoption of this charter and until the completion of the first election under this charter to be held on the fourth Tuesday in April, A. D. 1950, and the qualification of the Mayor and Commissioners therein elected, the present qualified and acting Mayor and two present qualified and acting Commissioners shall constitute the Commission of the city of La Porte. Such Com- mission shall possess all of the powers provided by this charter and particularly by Article II hereof. Section 132—Amending the charter 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 submitting a new charter. Amendments may also be proposed and submitted Jby ordinance, passed by a majority vote of the full membership of the Commission, or by a petition signed by not less than 25 %. of the number of those who voted at the last 2 35 regular municipal election, provided, however, that in the latter case the petition must bear -the signatures of at least ten per centum (1001o)• of the qualified voters of -the city. When a charter amendment peti- tion shall have been filed with the Commission in conformity with the provisions of this charter as -to petitions for initiated ordinannees, the Commission shall forthwith provide by ordinance for submitting such proposed amendments to a vote of the electors. Any ordinance for submitting a charter 'amendments to the electors shall provide that such amendment be submitted at the next regular municipal election if -one shall occur not less than sixty. days nor more than one hundred and twenty days. after the passage of the ordinance; otherwise it .shall provide for the submission of the amendment at a special election to be called and held 'within the time aforesaid. Not less than thirty days -prior to such 'election the city clerk shall 'mail a copy of the pro- posed amendment or amendments to each qualified voter in said city as appears from the latest rolls of the ,tax collector.. If a proposed amendment be approved by majority of the electors voting there- on 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 so submitted as to enable the electors to vote on each amendment sep- arately. Section 133—Separability Clause If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this chaarter -nor the context in which such section or part of section so held invalid may appear-, except to the extent that an entire section or part of section may be inseparably connected in -meaning and effect with the section or part of section to which such holding shall"directly apply. Section 134—Submission of charter to electors The Charter Commission in preparing this charter finds and de- cides that it is impracticable to segregate each subject so as to per- mit a vote of "yes" or "no' on the same, for the reason that the char ter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these rea- sons the Charter Commission directs that said charter be voted upon as,a whole and that it shall be submitted to the qualified voters of the city of La Porte at an election to be held for that purpose on the .22nd day of March, A. D., 1949. If a majority of the qualified voters voting in such election shall vote in favor of the adoption -of this charter, it shall become the charter of .the city of La Porte, and after the returns have been canvassed, the same shall be declared adopted and the city clerk shall file an official copy of the charter with the' records of the city. The clerk shall furnish the Mayor a copy of said charter, which copy of the charter so adopted, authenticated- and certified by his signature and the seal of the city, shall be forwarded by the Mayor to the secretary of state of the state of Texas and shall show- the ap- proval of such charter by majority vote of the qualified voters voting at such election. In not less than thirty days prior to such election the Commission �• a TO THE QUALIFIED VOTERS OF -.THE CITY .OF LA PORTE, TEXAS:., . On December 28, 1948-, the Mayor; with the approval of the Board of Commissioners of the city of La Porte, appointed a Charter Com- mission and delegated to. it the responsibility of preparing a home - rule charter for the city of La Porte. The Charter Commission com- pleted its work on Monday, February 7, `1949, and presented the com- pleted- home -rule -charter to the Board of Commissioners, together with an order, as required by state law, setting a date for the su°b- ,mission of the proposed home -rule charter to the qualified voters of the city of La Porte, for adoption or rejection. The date set for the special charter election is March 22; `19.'49. This charter, prepared by the Charter Commission, which is composed. of fifteen citizens in La Porte, will give the city of 'La Porte a modern, progressive form of government. The charter, itself, is the very essence of democracy, because it provides for. home -rule for the citizens of - this community, whereby they can make their own laws by which they are to be governed. The people can, under this charter, institute ordinances, and force *the Board of Commissioners to pass those ordinances, if the major- ity of the people deem such ordinances advisable; the people can, -under this charter, cause the Board of Commissioners to refer or- dinances back to the people for their approval; the people can, un- der this charter, recall any elected city official if such official is not fulfilling the wishes of the majority of the citizens of La Porte. The present form of government of the city of La Porte, namely Mayor -Commission form, is retained in this charter; there is no change i:� the form of government; the Mayor and Commissioners will be elected for the same terms; for the same compensation and with the same powers and duties as they now have: The charter changes the regular city general election from the first Tuesday in April to the fourth Tuesday in April, in order, to give the County Tax Assessor. and Collector time to prepare -and fur- nish poll tax lists, which are required by state law. The adoption of this charter will keep our present form of government and give La Porte the benefits and advantages now enjoyed by home rule cities. The Charter Commission, in preparing this _ home -rule charter, has carefully studied the home -rule charters of other Texas cities. Ve' have 'tried to incorperate all progressive -features' that have been .used and proved workable in other cities comparable to La Porte. . Therefore your Charter Commission submits this home -rule char- ter - to the voters of La Porte, . in the belief that it gives us a desir- able basis for good municipal government. We believe this charter will provide us with the facilities in the future that we will need in our industrial growth and expansion. We commend this charter to the present Board of Commissioners and we recommend its adop- tion by the qualified voters of the. city of La Porte. FOR THE CHARTER COMMISSION OF THE CITY OF LA PORTE, TEXAS By George H. Counts, Chairman 36. 1 INDEX Page Article I —Incorporation; form of Government Corporate and General Powers_____2 Article IL' The Commission 6 Article III .Departments _____ 11 Article IV —Department of Law ______—___`____________,—_____ 11 Article V —The Budget 11 Article VI —Borrowing for Capital Improvements_______.._______ 15 Article VII —Finance Administration __---_- 16 Article VIII—Tax Administration _________21 Article IX —Nominations and Elections:__________—,______ 23 Article X —Initiative, Referendum, and Recall 25 Article XI —Franchises and Public Utiiities____—_-___________W—_ 29 Article XII —General Provisions 32 shall cause the city clerk to mail a copy of this charter to each quali- fied voter of the city of La Porte as appears from the tax collectors -roll for the year- ending January 31 preceding said election. Itlbeintr impracticahlP tr, m,hmit thi. '^ U �.alcal YGl uy-- aCci,iuns it is hereby prescribed that the form of ballot to be used in such election shall be as follows, to -wit: FOR THE ADOPTION OF THE CHARTER AGAINST THE ADOPTION OF THE CHARTER We, the undersigned, hereby certify that this publication consti- tutes a true copy of the proposed charter of the city of La Porte, Texas. George H. Counts, .Chairman A. Russell Shepherd, Vice -Chairman J. J. Tryling, Secretary The Charter Commission heretofore duly appointed to prepare a charter for the city of La Porte was composed of the above and the following members: J. W. Arnett R. W. Kerber James H. Baker Dr. P. J. Mock Walt Baumbach Bryan Moore J. R. Eckhardt 0. G. Shaffer G. D. Hair Joe R. Thomas J. K. Holcomb Ray E. Van Deventer 87 J - • �. PROPOSED . HOME -RULE (HARTER.. FOR THE CITY OF LA PORTE i ADOPTED BY THE CHARTER COMMISSION . Il PROPOSED HOR'ffimE RULE CHARTER FOR THE CITY OF ADOPTED BY THE CHARTER COMMISSION ' TO BE SUBMITTED AT A SPECIAL ELECTION TO BE HELD TUESDAY, MARCH 22,1949 CHARTER CITY OF LA PORTE, TEXAS This pamphlet is a reprint of the Charter of the City of La Porte, Texas, published by order of the City Commission. tOJ 0 MUNICIPAL CODE CORPORATION TALLAHASSEE, FLORIDA 1970 CHARTER* • Art. 1. Incorporation; Form of Government; Corporate and General Powers, §§ 1-11-B Art. 11. The Commission, §§ 12-27 Art. 111. Departments, §§ 28, 29 Art. IV. Department of Law, §§ 30-32 Art. V. The Budget, §§ 33-48 Art. VI. Borrowing for Capital Improvements, §§ 49-56 Art. VII. Finance Administration, §§ 57-73 Art. VIII. Tax Administration, §§ 74-82 Art. IX. Nominations and Elections, §§ 83-88 Art. X. Initiative, Referendum and Recall, §§ 89-107 Art. XI. Franchises and Public Utilities, §§ 108-117 Art. XII. General Provisions, §§ 118-134 Article I. Incorporation; Form of Government; Corporate and General Powers Section 1. Corporate name. The inhabitants of the City of La Porte within the bound- aries as now established or as hereafter established in the manner provided by law shall continue to be a body politic and corporate and be known by the name of the City of La Porte. Section 2. Boundaries establishing the city limits. The boundaries and limits of the City of La Porte shall be the same as have heretofore been established and now exist, which boundaries and limits are shown on the map record in Volume 8, Page 16, Map Records of Harris County, Texas. Section 3. Form of government. The governing body of the City of La Porte shall be a com- mission composed of the mayor and four (4) commissioners, to be known as the city commission of the City of La Porte. The members of the city commission shall be elected from the City of La Porte at large in the manner prescribed elsewhere in this charter. As hereinafter used in the charter, the words city commission shall be construed to mean a mayor and four • *Editor's note The City's Home Rule Charter is printed herein as adopted at an election held on March 22, 1949, with amendments added, as indicated by notes following the amended sections. The original ar- rangement, article headings and catchlines have been retained. § 3 LA PORTE CODE § 4 (4) commissioners. Pursuant to its provisions and subject only to the limitations imposed by the state constitution and • by this charter, all powers of the city shall be vested in the elected city commission, which shall enact local legislation, adopt budgets, determine policies and execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this charter or if the manner be not prescribed then in such manner as may be prescribed by ordinance. (As amended, April 22, 1958) Section 4. Powers of the city. The city shall have all the powers granted to municipal cor- porations and to cities by the constitution and laws of the State of Texas together with all the implied powers necessary to carry into execution all the powers granted. The city may acquire property within' or without its corporate limits for any city purpose in fee simple or any lesser interest or estate by purchase, gift, devise, lease or condemnation and may sell, lease, mortgage, hold, manage and control such property as its interest may require; and, except as prohibited by the constitution of this state or restricted by this charter, the city shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The city may use a corporate seal; may be sued and may sue, may contract and be contracted with, may im- plead and be .impleaded in , all courts and places and in all matters whatever; may cooperate with the government of the State of Texas or any agency thereof, or any political subdi- vision of the State of Texas to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the city and its inhabi- tants; and may pass such ordinance as may be expedient for maintaining the peace, welfare of the city and for the per- formance of the functions thereof. The enumeration of par- ticular powers by this charter shall not be deemed to be exclusive and in addition to the powers enumerated therein or implied thereby are appropriate to the exercise of such • powers it is. intended that the City of La Porte shall have and may *°exercise all powers of local self government and 2 § 4 CHARTER § 6 all powers enumerated in Chapter 13, Title 28, Article 1175 • of the Revised Civil Statutes of the State of Texas 1925 and amendments thereto and hereinafter enacted or any other powers which are in the constitution and laws of the State of Texas it would be competent for this charter to specifically enumerate. Section 5. Special provisions for damage suits. Before the city shall be liable to damage claim or suit for personal injury or damage to property the person who is in- jured or whose property. is damaged or someone in his behalf shall give the city clerk notice in writing within thirty (30) days after the occurring of the alleged injury or damage stat- ing specifically in such notice when, where and how the injury or damage was sustained and setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury or damage. No action at law for damage shall be brought against the city for personal injury or damage to property prior to the ex- piration of sixty (60) days after the notice hereinbefore de- scribed has been filed with the city clerk. After the expiration of sixty (60) days aforementioned, the complainant may then have two (2) years in which to bring an action of law. •Section 6. Eminent domain. The city shall have the full right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this charter or by the constitution or laws of the State of Texas. In all cases where the city seeks to exercise the power of eminent domain it may be controlled as nearly as prac- ticable by the laws governing the condemnation of property of railroad corporations in this state, the city taking the position of the railroad corporation in any such case. The • city may also exercise the powers of eminent domain in any other manner authorized or permitted by the constitution and laws of this state, or in the manner and form that may be 3 6 LA PORTE .CODE § 9 provided by ordinance of the governing body of the city. The • power of eminent domain hereby conferred shall include the right of the city to take the fee in the lands so condemned and such power and authority shall include the right to con- demn public property for such purposes. The city shall have and possess this power of condemnation for any municipal or public purpose, even though not specifically enumerated herein or in this charter. Section 7. Street powers. The City of La Porte shall have the power to lay out, es- tablish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and all fruit stands, show cases and encroachments of every nature or character upon any of said streets and sidewalks. Section 8. Street improvements. The City of La Porte shall have exclusive dominion, control and jurisdiction in, upon and over and under the public streets, avenues, alleys and highways of the city, and may provide for the improvement thereof of paving; repaving, raising, drain- ing, or otherwise. The provisions of Chapter 106, Fortieth Legislature, First Called Session, Acts 1921, together with existing amendments and all such amendments as hereinafter may be made, are expressly adopted and made a part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of, all utility pipes, lines, wires, or other property. Section 9. Extending city limits upon petition. • Whenever a majority of the qualified voters who are citizens of the State of Texas and inhabitants of any territory ad- 4 § 9 CHARTER § 11 • joining the City of La Porte, as said territory may be desig- nated by the commission or in case there are no qualified voters in said territory, then when persons owning a majority of the land in area in said territory desire the annexation of such territory to the City of La Porte, they may present a written petition to that effect to the commission and shall attach to said petition the affidavit of one or more of their number to the effect that said petition is signed by a majority of such qualified voters, or in case there are no qualified voters in said territory and that the persons signing said petition own a majority of the land in area in said territory; and thereupon the commission at regular session held not sooner than twenty (20) days after the presentation of said petition may by ordinance annex such territory to the City of La Porte and thenceforth the said territory shall be a part of the City of La Porte, and the inhabitants thereof shall be entitled to all the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regula- tions of the said city. Section 10. Extension and contraction of boundary limits. The commission shall have power by ordinance to fix the boundary limits of the City of La Porte and to provide for the extension of said boundary limits, and the annexation of addi- tional territory lying adjacent to the city, to provide for the disannexation of territory within the city, and to provide for the exchange of territory with other cities and towns, pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this state applicable to home rule cities. (As amended, August 23, 1969) Section 11. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their prem- ises with such sewer system; to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sewerage service, providing rules and 5 § 11 LA PORTE CODE § 12 regulations for the collection thereof, and to provide for ren- • dering a lien against any property owner's premises who fails or refuses to make sanitary sewer connections after due notice and to charge a cost against said owner and make it a personal liability. Section 11-A. Garbage disposal. The commission shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all gar- bage, trash and rubbish within the City of La Porte and shall' fix charges and compensation to be charged by the city for the removal of garbage, trash, and rubbish, providing rules and regulations of the collection thereof. Section 11-B. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet; to have power to police all parks or grounds, speedways, or boulevards owned by said city and lying outside of said city, to prohibit the pollution of any stream, drain or tributaries, thereof, which may constitute the. source of water supply of any city and to provide for policing the same as well as to provide for the protection of any water sheds and the policing of same, to inspect dairies, slaughter pens, and slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city. Article II. The Commission Section 12. City commission, number, selection, term. The city commission of the City of La Porte shall be com- posed of a mayor ,and four (4) commissioners. The four (4) positions of commissioner on the city commission shall be numbered and designated as follows, to wit: • Position No. 1—Health, Recreation, and Sanitation Com- missioner. 6 § 12 CHARTER § 13 • Position No. 2—Water and Sewer Commissioner. Position No. 3—Public Works Commissioner. Position No. 4—Fire and Police Commissioner. Any and all decisions, rules, and .regulations of each com- missioner shall be subject to review at any time by the mayor and/or the full city commission. The mayor and members of the city commission shall hold their offices for a term of two (2) years, and until their successors shall have been elected and duly qualified. The mayor and city commissioners, positions two (2) and. four (4), shall be elected at a regular city election on the first Saturday of April in each even -numbered year. The city com- missioners, positions one (1) and three (3), shall be elected at a regular city election on the first Saturday of April in each odd -numbered year. All candidates for city commissioner shall be voted on and elected separately for positions on said city commission, and each candidate shall be designated on the official ballot ac- cording to the number of such position to which he seeks election. Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate shall be elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast for all the candidates for such office, the city commission shall call a second election within thirty (30) days, at which said second election the two (2) candidates receiving the highest number of votes shall be voted for again. In the event of a tie in the vote for the two (2) leading candidates, at the regular elec- tion, the city commission shall call a second election within thirty (30) days, at which said second election the candidates receiving such tie vote shall be voted for again. (As amended, April 22, 1958, and August 23, 1969) Section 13. Qualifications. • The mayor and each commissioner shall be at least twenty- one (21) years of age and a resident citizen of the City of La Porte, and have qualifications of electors therein, and § 13 LA PORTE CODE § 14-A shall have owned real property in said city for a period of • at least one year immediately prior to the date application is made for his name to be placed on the ballot. The mayor, commissioners, other officers and employees of the city shall not be indebted to the city; shall not hold any other public office and shall not be interested in the profits of any con- tracts, job, work or service for the municipality or interested in the sale to the city of any supplies, equipment, material or articles purchased; nor shall any of them be the owner of stock in any public utility or public service corporation within the city nor in the employ of any owner of stock in any public utility or public service corporation. Any officer or employee of the city who shall cease to possess any of the qualifications herein required shall forfeit his office or posi- tion and any contract in which any officer or employee shall or may become interested shall be declared void by the com- mission. (As amended, August 23, 1969) Section 14. Compensation of members of commission. The commission shall hold at least one regular monthly meeting, and the mayor or two (2) commissioners may call as many special meetings as may be necessary to attend to the municipal business. Each commissioner and the mayor shall receive for his services, a salary in an amount deter- mined by the commission, not to exceed the sum of twenty- four hundred dollars ($2,400.00) per year for the mayor, and twelve hundred dollars ($1,200.00) per year for each com- missioner. (As amended, August 23, 1969) Section 14-A. Presiding officer; mayor. The mayor shall preside at meetings of the commission and shall be entitled to vote upon all matters considered by the commission. The mayor shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by this charter and the ordinances of the city. He shall be recognized as the head of the city govern- • ment for all, ceremonial purposes, by the courts- for civil process and by the government for purposes of military law. 8 § 14-A CHARTER 4 16 • In times of public danger or emergency the mayor shall take command of the police, maintain order and enforce the law. If a vacancy occurs in the office of mayor or in the case of his absence or disability, the mayor pro tern shall act as mayor until a successor is elected or appointed and has qualified. Section 15. Vacancies in city commission. A vacancy in the office of city commissioner shall be filled by a qualified voter residing in the city and having the proper qualifications, appointed by a majority vote of the remaining members of the commission. A vacancy in the office of •the mayor shall be filled by a qualified voter residing in the city and having the proper qualifications, appointed by a majority vote of the remaining members of the commission, provided that a city commissioner may be appointed to the office of mayor by the majority vote of all the other commissioners. When vacancies occur so that there is less than a majority remaining on the city commission, then a special election shall be called by the remaining members of the city commission within forty-five (45) days and all vacancies filled in the same manner as herein provided for general elections; pro- vided, however, if such vacancies occur within ninety (90) days of a general election, then no special election shall be called. (As amended, April 22, 1958) Section 16. Powers. All powers of the city and the determination of all matters of policy shall be vested in the commission. The commission shall execute the laws and administer the government of the city. Without limitation of the foregoing and among the other powers that may be exercised by the commission, the following are hereby enumerated for greater certainty. (1) Establish administrative departments and distribute the work of divisions. • (2) Adopt budget of the city. (3) Authorize the issuance of bonds by a bond ordinance. 9 § 16 LA PORTE CODE § 17 (4) Inquire into the conduct of any officer, department or • agency of the city and make investigations as to mu- nicipal affairs and authorize the correction of irregu- larities. (5) Appoint the members of the planning commission. (6) Appoint the members of the zoning board of appeals. (7) Adopt plats. (8) Adopt and modify the official map of the city. (9) Adopt, modify, and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. (10) Adopt, modify and carry out plans proposed by the planning commission for the replanning, improvement and redevelopment of neighborhoods and for the re- planning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. (11) Provide for the establishment and designation of fire limits and to prescribe the kind and character of build- ings or structures or improvements to be erected there- in, and to provide for the erection of fireproof build- ings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings or buildings calculated to in- crease the fire hazard, and the manner of their re- moval or destruction. Section 17. Department heads; rights of. The heads of all departments and such other officers of the city shall be entitled to attend meetings of the commission, but shall have no vote therein. They shall have the right to take part in the discussion of all matters coming before the iscommission, and the directors and other officers shall. be entitled to take part in all discussions of the commission relating to their respective offices, departments, or agencies. 10 • • § 18 CHARTER Section 18. Administrative departments. § 20 There are hereby created the following administrative de- partments: .finance, police, fire, law, public works, health, recreation, and water. The commission may, if it deems it advisable, consolidate into one department, the public works, health, recreation and water departments, or make other consolidation of such de- partments as it may deem advisable. The commission by ordinance may create, change, or abolish offices, departments, or agencies other than the offices, departments and agencies established by this charter. Section 19. City clerk. The commission shall appoint a competent person to be clerk of the city. He shall give notices of commission meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full, in a book kept for the purpose, all ordinances and resolutions, and shall perform such other duties as may be assigned to him by the commis- sion. The commission may by ordinance assign all the duties of director of finance, and/or all the duties of assessor and collector of taxes of the city to the city clerk. Section 20. Appointments of recorder and clerk. The city recorder shall be appointed by the commission to serve for a period of two (2) years. He shall receive such salary as may be fixed by the commission from time to time. The recorder shall be judge of the corporation court which shall have the jurisdiction and shall be conducted in the manner prescribed and authorized by law. All costs and fines imposed by the corporation court, or by any court in any cases appealed from judgments of the corporation court, shall be paid into the city treasury for the use and benefit of the city. The city clerk or his deputy shall be clerk of the cor- poration court. The clerk of the said court and his deputies shall have the power to administer oaths and affidavits, make certificates, affix the seals of said court thereto, and gen- • 11 § 20 LA POR.TE CODE $ 24 erally do and perform any and all acts usual and necessary by clerks or courts and conducting the business thereof. • Section 21. Induction of commission into office; meetings of commission. On the second Monday next following the regular municipal election held on the first Saturday of April, or as soon there- after as practicable, the commission shall meet at the usual place for holding meetings, and the newly -elected members shall qualify and assume the duties of office. At such meeting the commission shall select one of its members to serve as mayor pro tem, and he shall perform all the duties of the mayor .in his absence or disability. Thereafter, the commission shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of the commission shall be open to the public; special meetings shall be called by the city clerk upon request of the mayor or two (2) commissioners. (As amended, August 23, 1969) Section 22. Commission to be judge of qualifications of its members. The commission shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the commission in any such case shall be subject to review by the courts. Section 23. Rules of proceedings; journal. The commission shall determine its own rules and order of business. It shall keep a journal of its proceedings and the journal shall be open to public inspection. Section 24. Ordinances. . In addition to such acts of the commission as are required • by statute or by this charter to be by ordinance, every act of the commission establishing a fine .or other penalty or 12 § 24 CHARTER § 25 • providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. The enacting clause of all ordinances shall be, "BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE." Section 25. Procedure for passage of ordinances. Every ordinance shall be introduced in written or printed form and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall be- come effective not less than ten (10) days from the date of its passage. The city clerk shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in the City of La Porte at least twice within ten (10) days after the passage of said ordinance. He shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the charter, and the date of such publication, and promul- gation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and modification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in section 109 of this charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of the commission. Every ordinance shall be authenticated by the signature of the mayor and city clerk and shall be systematically recorded in an ordinance book in a manner approved by the commis- sion. It shall only be necessary to record the caption or title of ordinances in the minutes of journal of commission meet- ings. The commission shall have power to cause the ordi- nances of the city to be corrected, amended, revised, codified • and printed in code form as often as the commission deems advisable, and such printed code, when adopted by the com- mission, shall be in full force and effect without the necessity 13 .§ 25 LA PORTE CODE § 28 of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evidence in all courts • and places without further proof. Section 26. Investigation by commission. The commission shall have power to inquire into the conduct of any office, department, agency, or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and com- pel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed one hundred dollars ($100.00) . Section 27. Independent audit. Prior to the end of each fiscal year, the commission shall designate a practicing public accountant, who is licensed by the State of Texas, to make in independent audit of accounts and other evidences of financial transactions of the city gov- ernment and shall submit a report to the commission. Notice shall be given by publication in the official newspaper in the City of La Porte that the annual audit is on file at the city hall for inspection. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. They shall not maintain any accounts or records of the city business, but, within specifications approved by the commission, shall post audit the books and documents kept by the department of finance and any separate or subor- dinate accounts kept by any other office, department or agency of the city government. Article III. Departments Section 28. Directors of departments. At the head of each administrative department there shall • be a director, who shall be an officer of the city, and shall have supervision and control of the departments subject to 14 § 28 CHARTER § 33 the commission. Two (2) or more departments may be headed • by the same individual, and directors of departments may also serve as chiefs of divisions. Section 29. Departmental divisions. The work of each administrative department may be dis- tributed among such divisions thereof as may be established by ordinance. Article IV. Department of Law Section 30. City attorney, appointment. There shall be a department of law, the head of which shall be the city attorney, who shall be appointed by the mayor and approved by the commission. Section 31. City attorney, qualifications. The city attorney shall be a qualified attorney -at -law who is licensed to practice in the State of Texas and meeting the qualifications as set out in Article 1003, of the Revised Civil Statutes of the State of Texas. Section 32. City attorney, powers and duties. The city attorney shall be the chief legal advisor of the commission, of all offices, departments and agencies and of all officers and employees in matters relating to their official powers and duties. He shall represent the city in all legal proceedings. It shall be his duty to perform all services incident to his position as may be required by statute, by this charter or by ordinance. Article V. The Budget Section 33. Fiscal year. • The fiscal year of the city government shall begin on the first day of October and shall end on the last day of September of each calendar year. Such fiscal year shall also constitute 15 § 33 LA PORTE CODE § 37 the budget and accounting year. As used in this charter the • term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered. (As amended, August 23, 1969) Section 34. Preparation and submission of budget. The mayor, at least forty-five (45) days prior to the be- ginning of each budget year, shall submit to the commission a proposed budget and an explanatory budget message in the form and with the contents provided by sections 43 and 45. For such purpose, at such date as he shall determine, he, or an officer designated by him shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department, or agency detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In pre- paring the budget, the mayor shall review the estimates, shall hold hearings thereon and may revise the estimates, as he may, deem advisable. Section 35. Budget a public record. The budget and budget message and all supporting sched- ules shall be a public record in the office of the city clerk open to public inspection by anyone. The mayor shall cause sufficient copies of the budget and budget message to be pre- pared for distribution to interested persons. Section 36. Publication of notice of public hearing. At the meeting of the commission at which the budget and budget message are submitted, the commission shall deter- mine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which the commission will hold a public hearing. Section 37. Public hearing on budget. At the time and place so advertised, or at any time and • place to which such public hearing shall from time to time be adjourned, the commission shall hold a public hearing on 16 § 37 CHARTER § 42 the budget as submitted, at which all interested persons • shall be given an opportunity to be heard, for or against the estimates or any item thereof. Section 38. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all members of the whole commission. Section 39. Date of final adoption; failure to adopt. The budget shall be finally adopted not later than the 27th day of the last month of the fiscal year. Should the commis- sion take no final action on or prior to such day, the budget as submitted by the mayor shall be deemed to have been finally adopted by the commission. Section 40. Effective date of budget; certification; copies made available. Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget, as finally adopted, shall be filed with the city clerk, the county clerk of Harris County, and the state comptroller of public accounts in Austin. The final budget shall be printed, mimeographed or others re- produced and sufficient copies shall be made available for the use of all offices, departments and agencies, and for the use of interested persons and civic organizations. Section 41. Budget establishes appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Section 42. Budget establishes amount to be raised by prop- erty tax. From the effective date of budget, the amount stated there- in as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. 17 § 43 LA PORTE CODE § 45 Section 43. - Budget message; current operations. The budget message submitted by the mayor to the com- • mission shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the city for the budget year and shall describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous years in ex- penditure and revenue items and shall explain any major changes in financial policy. Section 44. Budget message; 'supporting schedules. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital outlays as the mayor shall believe useful to the commission. Section 45. Budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain the following: (1) A budget message. (2) A consolidated statement of receipts and expenditures for all funds. (3) An analysis of property valuations. (4) An analysis of tax rate. (5) Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. (6) General fund resources in detail. (7) Summary of proposed expenditures by function, de- partment, and activity. (8) Summary of proposed expenditures by character and object. (9) Detailed estimates of expenditures shown separately by each activity to support the summaries Nos. (7) and (8) above. Such estimates of expenditures are to in- • elude an itemization of positions showing the number of persons having each title and rate of pay. 18 § 45 CHARTER .$ 47 (10) A revenue and expense statement for all types of • bonds. (11) A description of all bond issues outstanding, showing rate of interest, date of issue, maturity date, amount authorized, amount issued, and amount outstanding. (12) A schedule of requirements for the principal and in- terest on each issue of bonds. (13) A special funds section. (14) The appropriation ordinance. (15) The tax levying ordinance. The total estimated expenditures of the general fund and debt service fund shall not exceed the total estimated resources of each fund (prospective income plus cash on hand). The classification of revenue and expenditure accounts shall con- form as nearly as local conditions will permit to the uniform classification as promulgated by the National Committee on Municipal Accounting or some other nationally accepted classification. Section 46. Anticipated revenues compared with other years. In parallel columns opposite the several items of revenue there shall be placed the actual amount of such item for the last completed fiscal year, the estimated amount for the cur- rent fiscal year, and the proposed amount for the ensuing budget year. Section 47. Proposed expenditures; comparison with other years. The proposed expenditures for the administration, opera- tion, maintenance and capital outlay of each office, depart- ment or agency of the city shall be itemized by character and object. In parallel column opposite the various items of expenditures there shall be placed the actual amount of such • items of expenditures for the last completed fiscal year, the estimated amount for the current fiscal year and the proposed amount for the ensuing budget year. 19 § 48 LA PORTE CODE § 55 Section 48. Contingent appropriation. Provision shall be made in the annual budget and in the • appropriation ordinance for a contingent appropriation, in an amount not more than five per centum (57o) of the total general fund expenditure, to be used in the case of unforeseen items of expenditures. Such contingent appropriation shall be under the control of the commission and distributed by the commission. Expenditures from this appropriation shall be made only in case of established emergencies and a detailed account of such expenditures shall be recorded and reported. The proceeds of the contingent appropriation shall be dis- bursed only by transfer to other departmental appropriations, the spending of which shall be charged to the departments or activities for which the appropriations are made. Article VI. Borrowing for Capital Improvements Section 49. Power and authority to incur indebtedness. The City of La Porte shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the city for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the pres- ent or hereinafter adopted or amended general and special laws of this state applicable to home rule cities, except as such power and authority is expressly limited or denied by this charter, or any amendments hereto. (As amended, August 23, 1969) Sections 50-54. Reserved for future use. Editor's note —These sections were reserved by amendment, August 23,1969. Section 55. Referendum on bond ordinance. Each bond ordinance passed pursuant to a purpose which • has been authorized by majority vote of the property tax- paying voters of the City of La Porte at an election held for 20 § 55 CHARTER § 59 that purpose shall not be subject to referendum. Each bond • ordinance relating to bonds not authorized by the qualified property taxpaying voters of the City of La Porte, shall be subject to permissive referendum on petition pursuant to the provision of Article X of this charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be issued to finance the improvement or extension of a mu- nicipally owned or operated utility or other public service enterprise. (As amended, August 23, 1969) Section 56. Public sale of all bonds. No bonds issued under this charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at least once in the official newspaper of the city, both of such publications to be made not less than ten (10) days prior to the date set for such sale. (As amended, August 23, 1969) Article VII. Finance Administration Section 57. Director of finance; appointment. There shall be a department of finance, the head of which shall be appointed by the commission. The clerk of the city may by ordinance be appointed the director of finance. Section 58. Director of finance; qualifications. The director of finance shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and financial control, and accounting. Section 59. Director of finance; surety bond. The director of finance shall provide a bond with such • surety and in such amount as the commission may require except that such bond shall be in an amount of not less than five thousand dollars ($5,000.00). 21 § 60 LA PORTE CODE § 60 Section 60. Director of finance; powers and duties. • The director of finance shall have charge of the adminis- tration of the financial affairs of the city and to that end he shall have the authority and shall be required to: (1) Compile the estimates of revenues and expenditures for the budget as directed by the mayor. (2) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to ensure that budget appropriations are not exceeded. (3) Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budg- etary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as he may deem expedient. (4) Submit to the commission a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial conditions 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 government, prepare tax maps and give such notice of taxes and special assessments as may be required by law. (7) Collect 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 22 § 60 CHARTER § 61 • the city from the state or federal government, or from any court, or from any office, department or agency of the city. (8) Serve as ex officio city treasurer and shall have cus- tody of all public funds belonging to or under the control of the city, or any office, department or agency of the city government, and deposit all funds coming into his hands in such depositories as may be desig- nated by resolution of the commission, or if no reso- lution be adopted, by the mayor, subject to the re- quirements of law as to surety and the payment of interest on deposits, but all such interest shall be the property of the city and shall be accounted for and credited to the proper account. (9) Have custody of all investments and invested funds of the city government, or in possession of such gov- ernment in a fiduciary capacity, and have the safe- keeping of all bonds and notes of the city and the receipt and delivery of city bonds and notes for trans- fer, registration or exchange. (10) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government. (11) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no appropriation shall be encumbered and no expenditure shall be made. Section 61. Transfer of appropriations. The director of finance may at any time with the approval of the commission transfer any unencumbered appropriation • balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the director of finance and within the last three (3) months of the budget year, the commission may by reso- 23 § 61 LA PORTE CODE § 64 lution transfer any unencumbered appropriation balance or • portion thereof from one office, department or agency to another. Section 62. Accounting supervision and control. - The director of finance shall have power and shall be re- quired to: (1) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government. (2) Examine and approve all contracts, orders and other documents by which the city government incurs fi- nancial obligations, having previously ascertained that moneys have been appropriated and allotted and will be available when the obligations shall become due and payable. (3) Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government and with the advice of the city attorney determine the regularity, legality and correctness of such claims, demands or charges. (4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the accounts kept in his office. Section 63. Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or law- fully encumbered. Section 64. Fees shall be paid to city government. All fees .for city services received by any officer or em- • ployee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of finance. 24 § 65 CHARTER § 66 • Section 65. Division of purchases. There shall be established in the department of finance, a division of purchases. The division of purchases, pursuant to rules and regulations established by ordinance, shall con- tract for purchase, store and distribute all supplies, materials and equipment required by any office, department or agency of the city government. The division of purchases shall also have power and shall be required to: (1) Establish and enforce specifications with respect to supplies, materials, and equipment required by the city government; (2) Inspect or supervise the inspection of all deliveries of supplies, materials, and equipment, and determine their quality, quantity, and conformance with speci- fications; (3) Have charge of such general storerooms and ware- houses as the commission may provide by ordinance; (4) Transfer to or between offices, departments or agen- cies, or with the approval of the commission sell sur- plus, obsolete, or unused supplies, material and equip- ment. Section 66. Sale of city property; procedure for. Before the city makes any sale or contract for the sale of any property belonging to the city, either in the form of land, real estate or other properties, having an estimated value of five hundred dollars ($500.00) or less, opportunity shall be given for open competition by posting notices of said sales in not less than three (3) public places within the corporate limits of the City of La Porte for a period of at least ten (10) days prior to date of said sale. And in all sales of property valued at more than five hun- dred dollars ($500.00), the property shall be advertised for sale and bids in the local newspaper; the contract or sale shall be awarded to the highest responsible bidder after such public notice and competition as may be prescribed, provided the 25 § 66 LA PORTE CODE § 68 commission shall have the power to reject all bids and ad- • vertise again. These same procedures shall be used whenever the city acts as transfer agent. Section 67. Purchase procedure. Before the city makes any purchase for supplies, materials, equipment or contractual services, opportunity shall be given for competition. The director of finance shall have authority to make expenditures without the approval of the commission for all budgeted items not exceeding one hundred dollars ($100.00) . Any expenditure involving more than one hun- dred dollars ($100.00) must be expressly approved in advance by the commission. All contracts or purchases involving more than one thousand dollars ($1,000.00) shall be. let to the best bid by a responsible bidder after there has been an oppor- tunity for competitive bidding. Where an expenditure of more than two thousand dollars ($2,000.00) is involved, notice of the time and place, when and where such contract shall be let shall be published in the official newspaper of the City of La Porte once a week for two (2) consecutive weeks prior to the time for making such purchase or letting such contract, the time of the first publication to be at least four- teen (14) days prior to the time for making such purchase or letting such contract; provided, however, that the com- mission shall have the right to reject any and all bids; and provided further that nothing herein shall apply to contracts for professional services nor to work done by the city and paid for by the day as such work progresses. Section 68. Contracts for city improvements. Any city improvements costing more than two thousand dollars ($2,000.00) shall be executed by contract except where such improvement is authorized by the commission to be executed directly by a city department in conformity with • detailed plans, specifications and estimates. All such con- tracts for more than two thousand dollars ($2,000.00) shall be awarded to the lowest responsible bidder after such public 26 9. 68 CHARTER § 71 notice and competition as may be prescribed, provided the • commission shall have the power to reject all bids and adver- tise again. Except in case of emergency alterations in any contract not to exceed fifty per cent (50%) of the total con- tract may be made when authorized by the commission upon written recommendations of the mayor; provided that such alteration is acceptable to the other party of the contract. Section 69. Accounting control of purchases. All purchases made and contracts executed by the division of purchases shall be pursuant to a written requisition from the head of the office, department or agency whose appro- priation will be charged, and no contract or order shall be issued to any vendor unless and until the director of finance certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Section 70. Disbursement of funds. All checks, vouchers or warrants for the withdrawal of money from the city depository shall be signed by the city treasurer, or his deputy, and countersigned by the mayor. In the absence of the mayor, checks may be countersigned by the mayor pro tem. Section 71. Borrowing in anticipation of property taxes. In any budget year, in anticipation of the collection of the property tax for such year, whether levied or to be levied in such year, the commission may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city,. each of which shall be designated "tax anticipation note for the year 19__-- ", (stating the budget year). Such • notes shall mature and be payable not later than the end of the fiscal year in which the original notes shall have been issued. 27 § 72 LA PORTE CODE § 75 Section 72. Borrowing in anticipation of other revenues. In any budget year, in anticipation of the collection or • receipt of other revenues of that budget year, the commission may by resolution authorize the borrowing of money by the issuance of negotiable notes of the city, each of which shall be designated "special revenue note for the year 19__------- (stating the budget year) . Such notes may be renewed from time to time, but all such notes, together with the renewals, shall mature and be payable not later than the end of the fiscal year in which the original notes shall have been issued. Section 73. Sales of notes, report of sale. All notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale by the director of finance without previous advertisement, but such sale shall be authorized by the commission. Article VIII. Tax Administration Section 74. Division of assessment. There shall be established in the department of finance a division of taxation, the head of which shall be the city assessor and collector of taxes. 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 commission. Section 75. Property subject to tax; method of assessment. All real and personal property within the city not expressly exempted bylaw shall be subject to annual taxation at its true market value. Each person, partnership and corporation owning property within the limits of the City of La Porte, shall between the first day of January and the thirtieth day of March of each year, hand to the city assessor -collector a • full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the 28 § 75 CHARTER § 77 first day of January of the current year. In all cases of is failure to obtain a statement of real and personal property from any cause, the assessor -collector shall ascertain the amount and value of such property and assess the same as he believes to be true and full value thereof; and such assess- ment shall be as valid and binding as if such property had been, rendered by the owner thereof. Section 76. Board of equalization; appointment; qualifications. The commission shall each year prior to the first day of March appoint three (3) residents who shall be qualified voters and real property owners as the board of equalization. Such board shall choose from its membership a chairman. The city tax 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 commission, not to exceed twenty- five dollars ($25.00) per day. Section 77. Board of equalization; public hearing; notice to owner. At the same meeting that the commission appoints the board of equalization, it shall by ordinance fix the time of the first meeting of the board which shall be on the tenth day of March, or as soon thereafter as practicable. After such first meeting, the board may reconvene and adjourn from time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any person in relation to the assessment roll. Whenever said board shall find it their duty to raise the value of any property appear- ing on the lists or books of the 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) nor 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 such property or to the person rendering same of the time to which said board has 29 § 77 LA PORTE CODE § 79 adjourned, and that such owner or person rendering said property may at that time appear and show cause why the • value of said property should not be raised. Such notice may be served by depositing the same, properly addressed, and postage paid, in the city post office. Section 78. Board of equalization; powers and duties. It shall be the duty of such board to examine and, if neces- sary, revise the assessments as returned by the city assessor - collector, to the end that all property within the city shall be assessed as fairly and as uniformly as possible. The board of equalization shall also have the power to: (1) Review on complaint of property owners assessments for the purpose of taxation of both real and personal property within the city made by the city assessor - collector; (2) Administer oaths; (3) Take testimony; (4) Hold hearings; (5) Adopt regulations regarding the procedure of assess- ment review; (6) Compel the production of all books, documents, and other papers pertinent to the investigations of the tax- able values of any person, firm, or corporation having or owning property within the corporate limits of the city subject to taxation. Section 79. Board of equalization; records; approval of rolls. The board shall be required to keep an accurate record of all its proceedings, which shall be available for public in- spection. Immediately upon completion of its work, the board shall certify its approval of the assessment rolls which shall be returned to the commission, which shall thereupon approve the said rolls as returned to it and thereupon adopt the same • as the assessment rolls to be used for the collection of taxes for the current year. 30 § 80 CHARTER § .82 Section 80. Taxes; when due and payable. • All taxes due the City of LaPorte shall be payable at the office of the city 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 commission may provide by ordinance. Section 81. Seizure and sale of personal property. The assessor -collector of taxes shall by virtue of his tax rolls have power and authority to seize and levy upon all personal property and sell the same to satisfy all taxes, to- gether with all penalty, interest and costs due on said personal property by said delinquent to the city. When he seizes per- sonal property for such purposes he shall keep the same at the expense of the owner until the sale is made, and shall give notice of the time and place of sale of same by posting a written notice at the city hall door and one at another public place within the City of La Porte at least ten (10) days be- fore the date of sale. He shall sell the same to the highest bidder for cash for all taxes, interest, cost and expense of caring for said property, and shall make an entry in the book of sales of the amount for taxes, cost and expenses refunding surplus to said delinquent. All such sales shall be made at the front door of the city hall. A sale of personal property for delinquent taxes shall convey with it an absolute title subject to the right of the delinquent to redeem the same within ten (10) days from the date of said sale. Section 82. Tax liens. The tax levied by the city is hereby declared to be a lien, charge, or encumbrance upon the property upon which tax is due, which lien, charge, or encumbrance the city is entitled is the enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the prop- erty in favor of the city, for the amount of taxes due on such 31 § 82 LA PORTE CODE § 85 property is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the • tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against non- residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, which lien may be foreclosed in any court having jurisdiction. Article IX. Nominations and Elections Section 83. Municipal elections. The regular election for the choice of a mayor and members of the commission as provided in Article II, Section 12, shall be held annually on the first Saturday of April. The com- mission may by ordinance or resolution order a special elec- tion, fix the time for holding same, and provide all means for holding such special elections. (As amended, August 23, 1969) Section 84. Regulation of elections. The commission shall make all regulations which it con- siders needful or desirable, not inconsistent with this charter or the laws of the State of Texas, for the conduct of municipal elections, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authori- ties, who shall also have power to make such regulations not inconsistent with this charter, with any regulations made by the commission or the laws of the State of Texas. Section 85. How to get name on ballot. Any qualified elector of the city who is otherwise qualified may have his name printed upon the official ballot for the particular office at any election by filing his sworn appli- cation with the mayor at least thirty (30) days prior to the • election date and having posted the required filing fee, to be fixed by the commission as follows: 32 § 85 CHARTER § 88 • For mayor ---------------- ___ not to exceed the sum of $100.00 For commissioner ----- __ not to exceed the sum of 50.00 The filing fees shall be used to defray the cost of the elec- tion and said fee shall be prorated and any surplus shall be refunded to said candidates. Section 86. Commission ballots. The full names of all candidates for mayor or the com- mission as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations. If two (2) can- didates with the same surnames, or with names so similar as to be likely to cause confusion are nominated, the addresses of their places of residence shall be placed with their names on the ballots. The order of the names on the ballot shall be determined by lot. Section 87. Laws governing city elections. All city elections shall be governed, except as otherwise provided by the charter, by the laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto; and in event there should be any failure of the general laws or this charter to provide for some feature of the city elections, then the commission shall have the power to provide for such deficiency, and no infor- malities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the charter and ordinances of the city. Section 88. Canvassing elections. Returns of the elections, general and special, ' shall be made • by the election officers to the commission within five (5), days following said election at which time the commission shall canvass and declare the results of such election. 33 § 89 LA PORTE CODE § 91 Article X. Initiative, Referendum and Recall • Section 89. Power of initiative. The electors shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiative ordinance may be submitted to the commission by a petition signed by qualified electors of the city equal in number in at least fifty per centum (50%) of the number of votes cast at the last regular municipal election. Section 90. Power of referendum. The electors shall have power to approve or reject at the polls any ordinance passed by the commission, or submitted by the commission to a vote of the electors, except as provided in section 55, such power being known as the referendum. Ordinances submitted to the commission by initiative petition and passed by the commission without change shall be sub- ject to the referendum in the same manner as the other ordi- nances. Within twenty (20) days after the enactment by the commission of any ordinance which is subject to a refer- endum, a petition signed by qualified electors of the city equal in number to at least fifty per centum (50 %) of the number of votes cast at the last preceding regular municipal election may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors. Section 91. Form of petitions; committee of petitioners. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or refer- endum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his name in ink or • indelible pencil and shall indicate after his name his place of residence by street and number, or other description suf- 34 § 91 CHARTER § 93 ficient to identify the place. There shall appear on each • petition the names and addresses of five (5) electors, who, as a committee of the petitioners, shall be regarded as respon- sible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine sig- natures of the persons whose names they purport to be. Section 92. Filing, examination and certification of petitions. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city clerk as one instrument. Within twenty (20) days after a petition is filed, the city clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The city clerk shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing his examination of the petition, the city clerk shall certify the result thereof to the commission at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his cer- tificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings. Section 93. Amendment of petitions. An initiative or referendum petition may be amended at • any time within ten (10) days after the notification of in- sufficiency has been sent by the city clerk, by filing a supple- mentary petition upon additional papers signed and filed as 35 § 93 LA PORTE CODE § 96 provided in case of an original petition. The city clerk shall, within five (5) days after such an amendment is filed, make • examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of the petitioners of his findings and no further action shall be had on such insuf- ficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Section 94. Effect of certification of referendum petition. When a referendum petition, or amended petition as de- fined in section 93 of this charter, has been certified as sufficient by the city clerk, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. Section 95. Consideration by commission. Whenever the commission receives a certified initiative or referendum petition from the city clerk it shall proceed at once to consider such petition. A proposed initiative ordi- nance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The commission shall take final action on the ordinance not later than sixty (60) days after the date on which such ordinance was submitted to the commission by the city clerk. A referred ordinance shall be reconsidered by the commission and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance in the referendum petition be repealed?" Section 96. Submission to electors. If the commission shall fail to pass an ordinance proposed by -initiative petition or shall pass it in a form different from that set forth in the petition therefor, or if the commission • fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors not less than 36 $ 96 CHARTER § 98 thirty (30) days nor more than sixty (60) days from the • date and the commission takes its final vote thereon. The commission may, in its discretion, and if no regular election is to be held within such period shall, provide for a special election. Section 97. Form of ballot for initiated and referred ordi- nances. Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions of this charter shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may be dif- ferent from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance, if a paper ballot, shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have below it the same two (2) proposi- tions, one above the other or one preceding the other in the order indicated, and the elector shall be given an opportunity to vote for either of the two (2) propositions and thereby to vote for or against the ordinance. Section 98. Results of election. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not ap- proved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are • approved by the electors at the same election, the one receiv- ing the greatest number of affirmative votes shall prevail to the extent of such conflict. 37 § 99 LA PORTE CODE § 102 Section 99. Repealing ordinances; publication. Initiative and referendum ordinances adopted or approved • by the electors shall be published, and may be amended or repealed by the commission, as in the case of other ordinances. Section 100. Recall; general. The mayor or any member of the commission may be re- moved from office by recall. Section 101. Recall procedure. Any elector of the City of La Porte may make and file with the city clerk an affidavit containing the name or names of the officer or officers whose removal is sought and a state- ment of the grounds for removal. The clerk shall thereupon deliver to the elector making such affidavit copies of petition blanks demanding such removal. The city clerk shall keep a sufficient number of such printed petition blanks on hand for distribution. Such blanks when issued by the city clerk shall bear the signature of that officer and be addressed to the commission, and shall be numbered, dated and indicate the name of the person to whom issued. The petition blanks when issued shall also indicate the name of the person to whom issued. The petition blanks when issued shall also indicate the number of such blanks issued and the name of the officer whose removal is sought. The city clerk shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number is- sued to said person. Section 102. Recall petitions. The recall petition to be effective must be returned and filed with the city clerk within thirty (30) days after the filing of the affidavit required in section 101, and it must be signed .by qualified electors of the city equal in number to at least fifty per cent (50916) of those who were qualified • voters and voted on the date of the last regular municipal election, and at least one-half of the qualified voters consti- 38 § 102 CHARTER § 104 tuting such fifty per cent (509o') signing the petition shall is make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is sought, in the elec- tion at which he was last elected. Such recall petition shall con- form to the provisions of section 91 herein, and no petition papers shall be accepted as a part of a petition unless it bears the signature of the city clerk, as required in section 101 herein. Section 103. Recall election. The city clerk shall at once examine the recall petition and if he finds it sufficient and in compliance with the provisions of this article of the charter, he shall within five (5) days submit it to the commission with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not 'resign within five (5) days after such notice the commission shall thereupon order and fix a date for holding a recall election. Any such election shall be held not less than thirty (30) days nor more than sixty (60) days after the petition has been presented to the commission at the same time as any municipal election held within such period; but if no such municipal election be held within such period, the commission shall call a special election to be held within the time aforesaid. Section 104. Ballots in recall election. Ballots used at recall elections shall conform to the follow- ing requirements: (1) With respect to each person whose removal is sought the question shall be submitted "Shall (name of per- son) be removed from the office of (name of office) by recall ?" (2) Immediately below each such question there shall be • printed the two (2) following propositions, one above the other, in the order indicated: "For the recall of (name of person) ". "Against the recall of (name of person) ". 39 § -105 LA PORTE CODE § 108 Section 105. Results of recall election. If a majority of the votes cast at a recall election shall be • against the recall of the officer named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the va- cancy shall be filled by the commission as in other vacancies. Section 106. Limitations on recalls. No recall petition shall be filed against the mayor or a commissioner within six (6) months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6) months after such election: Section 107. District judge may order election. Should the commission fail or refuse to order any of the elections as provided for in this article, when all the require- ments for such election have been complied with by the peti- tioning electors in conformity with this article of the charter, then it shall be the duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the charter. Article XI. Franchises and Public Utilities Section 108. Powers of the city. In addition to the city's power to buy, own, construct, main- tain, and operate utilities and to manufacture and distribute electricity, gas, or anything else that may be needed or used by the public, the city shall have further powers as may now • or hereafter be granted under the constitution and laws of the State of Texas. 40 § 109 CHARTER §,111 Section 109. Franchises; power of commission. • The commission shall have power by ordinance to grant, amend, .renew and extend all franchises of all public utilities of every character operating within the City of La Porte, and for such purposes is granted full power. All ordinances granting, amending, renewing, or extending franchises for public utilities not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the full text of such ordinance shall be published once each week for four (4) consecutive weeks in the official newspaper of the City of La Porte, and the expense of such publication shall be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of the commission expressed by ordinance. Section 110. Franchise value not to be allowed. In fixing reasonable rates and charges for utility service within the city and in determining the just compensation to be paid by the city for public utility property which the city may acquire by condemnation or otherwise, nothing shall be included as the value of any franchise granted by the city under this charter. Section 111. Right of regulation. All grants, renewals, extensions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city: (1) To repeal the same by ordinance at any time for fail- ure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. • (2) To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. 41 § 111 LA PORTE CODE g 113 (3) To establish reasonable standards of service and qual- ity of products and prevent unjust discrimination in • service or rates. (4) To prescribe the form of accounts kept by each such utility; provided, that if the utility shall keep its ac- counts in accordance with the uniform system of accounts for said utility prescribed by the National Association of Railroad and Public Utility Commis- sioners, the Federal Power Commission, the Federal Communications Commission, the Railroad Commission of Texas, their successor, or successors, this shall be deemed sufficient compliance with this paragraph. At any time to examine and audit the accounts and other records of any such utility and to require annual and other reports, including reports on local operations by each such public utility. (5) To impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare, and accommodation of the public. (6) To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. Section 112. Consent of property owners. The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this charter or in any franchise granted thereunder shall ever be construed to deprive any such property owner of any rights of action for damage or injury to his property as now or hereafter provided by law. Section 113. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be operated as such, and shall be subject to all the obli- • gations and reserved rights contained in this charter and in any original grant hereafter made. The right to use and 42 § 113 CHARTER § 115 maintain any extension shall terminate with the original • grant and shall be terminable as provided in section 111. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Section 114. Other conditions. All franchises heretofore granted are recognized as con- tracts between the City of La Porte and the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of this charter, except that the power of the City of La Porte to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance.of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this article whether or not such terms are specifically mentioned in the franchise. Nothing in this charter shall operate to limit in any way, as specifically stated, the discre- tion of the commission or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. Section 115. Franchise records. Within six (6) months after this charter takes effect every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under • which such utility is operated in the City of La Porte. The city shall compile and maintain a public record of public utility franchises. 43 § 116 LA PORTE CODE § 118 Section 116. Accounts of municipality owned utilities. Accounts shall be kept for each public utility owned or • operated by the city, in such manner as to show the true and complete financial results of such city ownership and opera- tion, including all assets, appropriately subdivided into dif- ferent classes, all liabilities subdivided by classes, deprecia- tion, reserve, other reserves, and surplus, also revenues, op- erating expenses, including depreciation, interest payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The commission shall annually cause to be made by a licensed public accountant and shall publish a report showing the fi- nancial results of such city ownership and operation, giving the information specified in this section or such data as the commission shall deem expedient, in accordance with section 27, Article II. Section 117. Regulations of rates and service. The commission shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating in the City of La Porte. Article XII. General Provisions Section 118. Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any citizen, any representative of a citizen's organization or. any repre- • sentative of the press at all reasonable times and under rea- sonable regulations established by the commission. 44 § 119 CHARTER § 121 Section 119. Personal interest. • No member of the commission or any officer or employee of the city shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract, or in the sale to the city, or to a contractor supply- ing the city, of any lands or rights of interests in any land, material, supplies, or service. Any wilful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or cor- poration contracting with the city shall render the contract voidable by the commission. (As amended, August 23, 1969) Section 120. Oath of office. Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city clerk: "I,do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ____—_____—____—_____________________ of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or prom- ised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of appointment, to secure my ap- pointment. So help me God." Section 121. Bonds; discharge of officers and employees. • The commission shall require a bond from each officer of the city and may require bond from any city employee in amounts to be fixed by the commission. The commission shall 45 § 121 LA POR.TE CODE § 124 be authorized to discharge at any time, with or without a hearing, as the commission may elect, any officer, employee • or clerk which it appoints. Section 122. Public library. The commission shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm, association or corporation under such terms as the commission may prescribe for the establishment of such free public library. For budget purposes, the library shall be considered as a department of the city and the appro- priations therefor shall comply with all the budgetary re- quirements as outlined in this charter and as may be prescribed from time to time by the commission. Annual ap- propriations for the library will not be continuing, but will revert to the general fund in the same manner as the under - spent appropriations of the other departments. Section 123. Hospital; operation of. The city shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospital. Such hos- pital shall be operated by a hospital board, subject only to such direction and supervision as shall be contained in any ordinance or ordinances duly enacted by the governing body of said city. Section 124. Hospital; finances. All funds belonging to said hospital, whether classed as funds received in course of operation, or otherwise, shall be kept in a separate hospital fund, and shall be used only for the operation and maintenance of said hospital and for no other purpose, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall submit a quar- • terly operating statement to the commission, and an annual audit to coincide with the fiscal year of the City of La Porte. 46 § 125 CHARTER § 127 Section 125. Zoning ordinances. • For the purposes of promoting the health, safety, morals or general welfare of the city, the commission may by ordi- nance regulate the location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence and other purposes. Such ordinances may provide that the zoning board of appeals may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the zoning board of appeals may authorize variances from the strict application of the regulations in such situa- tions and subject to such limitations as may be set forth in ordinance. All of the powers granted by Title 28, Chapter 4, Articles 1011A to 1011J, both inclusive, of the 1925 Revised Civil Statutes of Texas, together with existing amendments and all amendments as hereinafter may be made relating to zoning in cities, are hereby adopted and made a part of this charter. Section 126. Housing authority. The commission may create a housing authority of such number, terms and compensation of members as the commis- sion may determine and may delegate to the housing authority such powers relating to the planning, construction, recon- struction, alteration, repair, maintenance or operation of housing projects and housing accommodations as the com- mission may determine. Section 127. Provisions relating to assignment, execution and garnishment. The property, real and personal, belonging to the city shall • not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable 47 § 127 LA PORTE CODE § 129 to garnishment, attachment, or sequestration; nor shall the • city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any, person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever.. The city shall not be obligated to rec- ognize any assignment of wages or funds by its employees, agents, or contractors. Section 128. City not required to give security or execute bond. It shall not be necessary in any action, suit or proceeding in which the City of La Porte is a party, for any bond, under- taking or security. to be demanded or executed by or on be- half of said city in any of the state courts, but in all such actions, suits, appeals or proceedings same shall be conducted in the same manner, as if such bond, undertaking or security had been given as required by law, and said city shall be just as liable as if security of bond had been duly executed. Section 129. Disabled employees; pensions, insurance. The commission shall have authority to provide the rules and regulations for maintaining employees when injured and disabled while performing their duties, or it may provide for such plan of insurance as it deems proper. The commis- sion may establish a pension plan for any employee who has been continuously employed by the city for twenty (20) years and who shall have reached the age of fifty-five (55), or may adopt in lieu thereof any pension system available to cities under state law. The amount of said pension shall be graded and proportioned to the average salary received by the employee during the whole period of his employment. All those falling under the head of employees in this charter and who are employed by the city when the same takes effect shall be entitled to a credit for the years of continuous service heretofore served. Provided however that any payment under • this provision shall never constitute a waiver or stop the city from asserting any defenses it might have under section 5, of Article I of this charter. 48 § 130 CHARTER § 132 • Section 130. Effect of this charter on existing law. All ordinances, resolutions, rules and regulations now in force under the city government of the City of La Porte and not in conflict with the provisions of this charter shall remain in force under this charter until altered, amended or repealed by the commission after this charter takes effect; and all rights of the City of La Porte under existing franchises and contracts are preserved in full force and effect to the City of La Porte, and any unissued bonds and revenue bonds, or in- stallments thereof, heretofore authorized at an election held in said city shall not be affected by the adoption of this char- ter, but the right to sell, issue, and deliver same, in whole or in part, in keeping with the provisions of the laws under which they were voted is hereby expressly reserved. Section 131. Interim municipal government. From and after the date of the adoption of this charter and until the completion of the first election under this charter to be held on the fourth Tuesday in April, A. D. 1950, and the qualification of the mayor and commissioners therein elected, the present qualified and acting mayor and two (2) present qualified and acting commissioners shall constitute the commission of the City of La Porte. Such commission shall possess all of the powers provided by this charter and par- ticularly by Article II hereof. Section 132. Amending the charter. 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 submitting a new charter. Amendments may also be proposed and submitted by ordinance, passed by a majority vote of the full member- ship of the commission, or by a petition signed by not less than twenty-five per cent (25 %) of the number of those who voted at the last regular municipal ' election, provided, • however, that in the latter case the petition must bear the signatures of at least ten per centum (10 %) of the qualified voters of the city. When a charter amendment petition shall 49 •§ 132 LA PORTE CODE § 134 have been filed with the commission in conformity with the provisions of this charter as to petitions for initiated ordi- • nances, the commission shall forthwith provide by ordinance for submitting such proposed amendments to a vote of the electors. Any ordinance for submitting a charter amendment to the electors shall provide that such amendment be sub- mitted at the next regular municipal election if one shall occur not less than sixty (60) days nor more than one hun- dred and twenty (120) days after the passage of the ordi- nance; otherwise it shall provide for the submission of the amendment at a special election to be called and held within the time aforesaid. Not less than thirty (30) days prior to such election, the city clerk shall mail a copy of the proposed amendment or amendments to each qualified voter in said city as appears from the latest rolls of the tax collector. If a pro- posed amendment be approved by 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 so submitted as to enable the electors to vote on each amendment separately. Section 133. Separability clause. If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and ef- fect with the section or part of section to which such holding shall directly apply. Section 134. Submission of charter to electors. The charter commission in preparing this charter finds and decides that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the • reason that the charter is so constructed that in order to enable it to work and function it is necessary that it should 50 • § 134 CHARTER § 134 be adopted in its entirety. For these reasons the charter com- mission directs that said charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of La Porte at an election to be held for that purpose on the 22nd day of March, A. D. 1949. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this charter, it shall become the charter of the City of La Porte, and after the returns have been canvassed, the same shall be declared adopted and the city clerk shall file an official copy of the charter with the records of the city. The clerk shall furnish the mayor a copy of said charter, which copy of the charter so adopted, authenticated and certi- fied by his signature and the seal of the city, shall be for- warded by the mayor to the secretary of state of the State of Texas and shall show the approval of such charter by majority vote of the qualified voters voting at such election. In not less than thirty (30) days prior to such election the commission shall cause the city clerk to mail a copy of this charter to each qualified voter of the City of La Porte as appears from the tax collectors roll for the year ending January thirty-first preceding said election. It being impracticable to submit this charter by sections it is hereby prescribed that the form of ballot to be used in such election shall be as follows, to wit: FOR THE ADOPTION OF THE CHARTER. AGAINST THE ADOPTION OF THE CHARTER. [The next page Is 101] 51 11 • CHARTER COMPARATIVE TABLE Date Disposition 3-22-49 1- 134 4-22-58 3 4-22-58 12 4-22-58 15 8-23-69 10 8-23-69 12- 14 8-23-69 21 8-23-69 33 8-23-69 49- 56 8-23-69 83, 119 101 [The next page is 105] • This pamphlet index is set up to eonform to the index in the Code of Ordinances for future amendatory purposes. • CHARTER INDEX • A AGENCIES. See: Departments and Other Agencies of Section City AMENDMENTS Procedure---- ------------------------ ----------- ------------------------ -------------- 182 APPROPRIATIONS Budget of city. See that title ASSESSMENTS Duty of director of finance. See: Department of Fi- nance Taxation. See that title B BALLOTS Elections. See that title BOARD OF EQUALIZATION Taxation. See that title BOARDS Departments and other agencies of city. See that title BONDS Authorized issuance of City commission powers ------ -.------ -------- ---- --------------------- 16 Budget of city. See that title City not required to execute ------------------------ -------------- --- 128 Improvements. See that title BOUNDARIES OF CITY Boundary limits, extension and contraction of ---------------- 10 Established------ ---------------------- ...... ----------- --------- --------- —....... 2 Extending city limits upon petition ------------------------------ ----- 9 Extensions of public utilities. See: Franchises and Public Utilities BUDGET OF CITY Adoption of City commission powers --.-.-...-----..---.._... ------------------- 16 Appropriations, establishes -.— ---------- _ _ 41 - ----------------------- Budget message • Current operation - --------------------------- ---------------- ---- ------------ 43 Supporting schedules --------- --------------------- - ---------- ------------ 44 Certification-------------------- ------------ -------------------- ----- ---------------- 40 Contingent appropriation------------------------------------------------- 48 1067 LA PORTE CODE BUDGET OF CITY—Cont'd. Section Copies made available --- _---- _------------- ----- ------ ---- ---- --- --- 40 Effectivedate ----- ----------------- -------------- ----------- --------------------- 40 E*pehditures, proposed compared with other years ________ 47 Failure to adopt - --- - ----------------- ------- --- 39. Final adoption, date of ----------- —-------- ---------- ---------- ------- -- 39 Financial plan for fiscal year --------------------------- --------------- 46 Fiscal year Constitute budget and accounting year ------------- - ----- -__ 33 Information contained ------ --------- --------------------------------------------- 46 Preparation and submission ------------- -------- -_-__________________ 34 Property tax Budget to establish amount to be raised by - ---- _------ 42 Public hearings Generally---- -------- ----- ---- -------- ------- — ---------- - --------- ------- 37 Publication of notice of ---------------- - ----- -_--_- ----- -_----- 36 Public records, to be -- --- --------------- ---------------- ------------- ----__ 36 Revenues Anticipated revenues compared with other years ______ 46 Vote required for adoption __________________ --------------------- 38 BUILDINGS City commission power --------------------- ---------- —--------- - ---------- - 16 C CHARTER Submission to electors ------ --------- ------------- --------------------- 134 CITY ATTORNEY Appointment---- ----- -------- ---------- ---------- -------- --------- -------------- 30 Powers and duties -------------------------- —------- ------- ---------- ----- 32 Provisions applicable to all city personnel. See: Officers and Employees Qualifications----- ---------------------- ------- ------ ---------- ----------- ------- 31 CITY CLERK Appointment--------- — - ---------------------------------- ----------- 19 Petitions Filing, certification, examination, etc_ -------------- — ------- -__ 92 Initiative, referendum and recall. See also that title Provisions applicable to all city personnel. See: Offi- ders and Employees CITY COMMISSION Administrative departments • Creationof -- ------- ----- --------------- ----- ---------------- -=--- 18 City. clerk Appointmentof --------------- ----- ---- --------- ------ ---------------------- 19 1068 CHARTER INDEX CITY COMMISSION—Cont'd. Section City recorder • Appointmentof ----------------- ------- ----- - ----------- - -------- - ----- ---- 20 Compensation of members --------- 14 Conflict of interest ------ -------------- -------- ----------- ----- ---------- 119 Elections. See that title Fire and police commissioner Position No. 4 on commission --- _-_---- ------.--_-----._-------- - 12 Form of city government .._.______________________._____ .__ 8 Health, recreation and sanitation commissioner Position No. 1 on commission _.._______...__.____- ------------- 12 Independent audits Requirements --- ---------- -------- ---- ------------------ - ------ --------- 27 Induction into office -.__ --- ----------- —___________._____________ 21 Initiative, referendum and recall. See also that title Consideration by ------ ---- -------- ------- - - - -- 96 Investigation into conduct of officers, departments, etc. -- - -- - --- --- ._._....—.-...... - - - 26 Journal, keeping - ----- ----------- — - - - ---------------- 28 Library, authority to establish and maintain ------ _---- --- 122 Mayor. See also that title Presiding officer -- ----------- ------------- --------- ------ ----- ------ 14-A Meetings- — --- ---------------- ------- ----- ---- ---- ---- ------ 21 Department heads and officers Right to attend, etc. -- --------------- ---------------------------------- 17 Monthly statement of receipts and disbursements Duty of director of finance. See: Department of Fi- nances Officers and employees. See also that title Bond requirements ---- -----------------_----------------- ----------- ------ 121 Discharging---- ---- ------ --------- ------ -------------------- ---------------- 121 Ordinances Actsrequired by -_--------------_- -------- --------- ------------- ------- --- 24 Procedure for passage -----------------------------__---._-__---------- 26 Powers vested in Enumerated--- ----------- ----------- -------- ---_---------------------------- 16 Preparation and submission of budget. See: Budget of City Presiding officer Mayor---------- ---------- ------------------------------------------------------------- 14-A Provisions applicable to all city personnel. See: Offi- cers and Employees Public work commissioner • Position No. 3 on commission ------------ --------------------------- Qualifications of members --------------------------------_---_--._-_____-__ 12 18,22 Rules of proceedings -------------------------------------------- ------ -------- 28 Selection, term, number -------------------------------- _----- _--------------- 12 1069 LA PORTE CODE CITY COMMISSION—Cont'd. Vacancies, filling --------- - ----- -______. Water and sewer commissioner Position No. 2 on commission CITY HOSPITAL. See: Hospital CITY IMPROVEMENTS. See: Improvements CITY LIBRARY. See: Library CITY OF LA PORTE Boundary limits, extension and contraction of Powersof city -------------------------------------------------------- City limits Boundaries, establishing --- ------------------------------------------- - Extending upon petition ----------------------------------------------- Corporate name established ------------ —_--------------- _------------ Established- ---------------------------------------------------- Form of government ------ —------ —..... ------------------------------------ Garbage disposal Power of city to regulate __— --------------------- -__- -------- -________ Improvements. See that title Interim municipal government ------ -____________________________________ Mayor and city commission Form of government ----------------------------------------------- Municipality owned utilities. See: Franchises and Pub- lic Utilities Nuisances, etc. Power of city abate, etc. --------- ______________________________________ Powers vested in ------------- --- ---------------------------------------------- Sanitary sewer system Power of city to regulate - ---- -------------------- -________-_______-____ Security or execution of bonds Notrequired ------------------------------------------------------------------- Streets Improvements Exclusive domain, control and jurisdiction ---- -______ Power to lay out, establish, etc. --------- ------------------ -_-___ CITY PERSONNEL. See: Officers and Employees CITY RECORDER Appointment by city commission ------------------ _------- -_________ Provisions applicable to all city personnel. See: Offi- cers and Employees CLAIMS AGAINST CITY Damage suits, special provisions for ---------- —_________________ 1070 Section 15 12 10 2 9 1 2 3 11-A 131 3 11-B 4 11 128 8 7 20 5 • L_J CHARTER INDEX COMMISSIONS AND COMMITTEES Section • Departments and other agencies of city. See that title CONTRACTS OF CITY Improvements----- -------- --------------------- ------ ----...... -...... --- 68 Other regulations. See: Department of Finance CORPORATE SEAL. See: Seal of City D DAMAGE SUITS Claims against city. See that title DANGEROUS -STRUCTURES Condemnation of City commission power ------ _ 16 DEPARTMENT OF FINANCE Accounting supervision and control _-------- —_--_------------- 62 Appropriations Lapse at end of budget year ----- _------- _____________. 68 Transfer of ----- — -- - — — ------...— — -- 61 Budget of city. See that title City commission. See also that title Independent audit of accounts ------ _----- __— -------- ------ 27 Monthly statement of receipts and disbursements Duty of director of finance .__-------------------_---- ------ 60(4) City government Feespaid to ----------- ---- ------- ---------------- ---------- ------------- 64 Director of finance Appointment------- ----------------- ----------------- ------------------------- 57 Powers and duties Enumerated------ ------------------------------- —--------------- ------------ 60 Qualifications ---------- ------------ ---- —-------- ----------------- ---------- 58 Disbursement of funds ______________________-_---_--_----_--------_----.-_ 70 Duty of director of finance --------------- 60(2) Division of purchases Established---- ------------------------- --------- ----- —--------- ---------------- 65 Ex officio city treasurer Director of finance duties ------ ___----- _-------- __---------------- 60(8) Expenditures Duty of director of finance ___________________-------------- ----_--- 60(11) Financial statement and report Duty of director of finance ---- _-------- —-------------- _------------- 60(5) • General accounting system for city government Duty of director of finance ---------- -__----- —--------- __---- ___ 60(s) Improvements Contractsfor ---------------------------- ----------- ----------------- --------- --- 68 1071 LA PORTE CODE DEPARTMENT OF FINANCE—Cont'd. Notes Sale, report of ------------------------------------------------------------------ Property assessments Duty of director of finance ----------------------------- ------------ --- Property taxes Borrowing in anticipation of -------------------- ------------- --- Provisions applicable to all 'city personnel. See: Officers and Employees Purchase procedure Supplies, materials, equipment, etc.- ...... ---------------------- Duty of director of finance ----------------------------------- Purchases Accounting control of ------------------------------------------------ --- Revenues, other than property tax Borrowing in anticipation of ------------------------ ------------ --- -. Surety bonds - ---- ---- — —_ _ -- -- - - — --- --- Tax collection Director of finance duties ---- -----------------------------------..----- DEPARTMENT OF LAW City attorney. See that title DEPARTMENTS AND OTHER AGENCIES OF CITY Budget of city. See that title Conflicts of interest ---------------------------------------------------------- Department heads, rights of --------------------------------- ----------- Directors of departments Qualifications---------------------------------------------------------------------- Divisiona------------------------------------------------ Establishing administrative departments City commission powers ------------------------------------------------ Listing of specific departments of city Board of equalization. See: Taxation Department of finance. See that title Department of law. See that title Zoning board of appeals. See: Zoning Oathof office ----------------------------------------------------------------- Records, publicity of ------------------------------------------------------------ Supplies, materials, equipment Purchase procedure -------------- DISASTER AREAS City commission powers ----------------------------------------------------- DISTRICT JUDGES Initiative, referendum and recall. See that title 1072 Section 73 60(6) 71 67 60(10) 69 72 69 60(7) 119 17 28 29 16 —i • 120 118 I 67 16 • CHARTER INDEX E • ELECTIONS Section Ballots How to get name on ----__--------_---------_---_-----_.------- 86 Mayor or commission ______—_---- —___. -_ __--___- 86 Canvassing elections 88 City elections Laws governing - - - -- — - ---- — - 87 Commission ballots __________ ________.—____.. ____-______ 86 Laws governing city elections ------ — ----------- __ r_—_ _______ 87 Municipal elections Mayor and members of commission 83 Recall elections. See: Initiative, Referendum and Re- call Regulation of ----------- ________- r __._ . _ 84 Submission of charter to electors --------- 184 EMINENT DOMAIN Acquisition of property. See: Property Property, general powers ---_----.__-----_..-_---_---__--_-- 6 EMPLOYEES. See: Officers and Employees EXPENDITURES Budget of city. See that title Duty of director of finance. See: Department of Fi- nance F FINANCES. See: Department of Finance FIRE HAZARDS Buildings creating City commission powers ------------ — ...... —------- —---------- _---- 16 FIRE LIMITS Established and designated City commission power --_----------------- _.-----_-.----------------- 16 FISCAL YEAR Budget of city. See that title FRANCHISES AND PUBLIC UTILITIES Extensions................................. -......... --------------------------------- 118 Franchises City commission, powers of ------------ _--_-------- _--- ---- --------- 109 • Records -------------------------- ---------------- ----------------------_------- Value not to be allowed __._._...____._____._____— ----------------- 115 110 Municipality owned utilities Accounts of ------------------------- • 1073 LA PORTE CODE FRANCHISES AND PUBLIC UTILITIES—Cont'd. Section Other conditions---------------------------------------------------------------------- 114 • Powersof city --- --------- ---------- ----------------------------------------------- 108 Property owners, consent of -----__-__-------------- -------------------- 112 Rates and services Regulations of ---- --- ------------ ------------ ----------------------------------- 117 Right of regulation ------------------------------------------ ------- ------------- 111 G GARBAGE AND TRASH Powersof city ------ -------- --------- ----------- ------------------------------- 11-A H HOSPITALS Finances - -- -- - ——-------------- - ------------- -------- ---- 124 Operationof ----- ------- —---- ---- —--- ---------------------------- ------------ 123 HOUSING AUTHORITY Creationof ---------- --------------------------- ----------- ——-------- ---- 126 I IMPROVEMENTS Bonds Publicsale of ---------- -------------- ---------------- -------- ------- ----- 56 Referendumon ------------ —-------------- ---------- --------------- --------- 55 City commission powers ------------- ---------------------- ------------ -------- 16 Indebtedness of city Power and authority to incur -------------------- _------------------ 49 INITIATIVE, REFERENDUM AND RECALL Ballot for initiated and referred ordinances, form of ---- 97 Certification of referendum petitions Effectof --- -------------------- ----- ------- ------------------------------ ---------- 94 City commission Consideration by ---------------------------------------------------- ----------- 95 Committee of petitioners Responsibility for certification, filing, etc- ------------------ 91 District judge Elections, ordering ------------------------------------ —------- ------------ 107 Elections. See also that title Resultsof--------------------------------------------------------------------------- 98 Electors Submissionto ---- ------------------------------------------------ ----------- ---- 96 Initiative, power of ----------------- --------- --------- -------------------- ----- Limitations on recalls ---------------------------------------- —--------- ------- 89 106 • Ordinances, resolutions, etc. See also that title Repealing, publication ---------------- -------------------------------- ---- 99 1074 CHARTER INDEX INITIATIVE, REFERENDUM AND RECALL—Cont'd. Section Petitions • Amendmentof ------ ------------------------------------- -------------------_ 93 Effect of certification of rerefendum petition ____________ 94 Filing, examination and certification of - ---------------- ___ 92 Formof ------------------------- ------- ------- ---- -------- ------------------ 91 Recall petition ---------_--- ---- -------- -------- -------------------------- 102 Provisions Repealing, publication ._________________—_ __ _______________ 99 Recall Generally-------- -------- ---- -—------- ------------ ------------------ 100 Petitions------------------ ------ --------- ----------------- ------------------- 102 Procedure--------------- —--------- —------ --------- ---------------------------- 101 Recall elections Ballots in _ - ------ -------------- ------------- 104 City clerk's duty to examine ------ -__-_— ---------- ----------- 103 Resultsof ------ --- - - -- ---------------- --- --------- 105 Referendum Powerof - - -------- ---- —----- —----- ----------- ------------ 90 L LIBRARY City commission's authority to establish and main- tain-- - —----- ------- - ---- --- ---- - - - 122 LIENS Tax liens. See: Taxation M MAP OF CITY Adoption and modification City commission powers ------------------ MAYOR Elections. See that title Form of city government --------- ------ __------ __________________________ Preparation and submission of budget. See: Budget Provisions applicable to all city personnel. See: Offi- cers and Employees MUNICIPAL ELECTIONS. See: Elections MUNICIPAL PERSONNEL. See: Officers and Employ- ees 16 3 N NOMINATIONS. See: Elections NOTES Sale of notes by department of finance __________________________ 78 1075 LA PORTE CODE NUISANCES Section Powers of city regarding ------------- -------------------------------------- 11-B O OFFICERS AND EMPLOYEES Bonds------------- ----------------- --------------------------------------------------- 121 Budget of city. See that title Conduct City commission powers ---------------------------------------------- ----- 16 Conflicts of interest ------ ----------------------------------------------------- --- 119 Disabled employees -------------------- --- --------- ----------------------------- 129 Dischargeof ------------- —---------- ------------------------------------------------- 121 Insurance provisions ---------------------- ----------------------- -------------- 129 Listing of city personnel City attorney. See that title City commission. •See that title Director of finance. See: Department of Finance Housing authority. See that title Oathof office ------ --------------------- ---- 7---- ----------- ---------------- 120 Pensions - --- -- - -—------- =------------------------------------- 129 Records and accounts, publicity of ------------------------------------ 118 Supplies, materials, equipment Purchase procedure for ------- -------------------------------------------- 67 OFFICIAL NEWSPAPER OF CITY Public sale of bonds, notice --------------------------- ---------- ---------- 56 ORDINANCES, RESOLUTIONS, ETC. Amendingthe charter------------------------------------------------------------ 132 City commission. See also that title Procedure for passage of - ------------------------------------------------ 25 Existing laws, effect of ------------------------------------------------------ 130 Initiative, referendum and recall. See that title Separability clause ---------------------------------------- --------- ------------- 133 Submission of charter to electors ------------ ------------------------- 134 P PERSONAL PROPERTY Taxation. See that title PETITIONS Initiative, referendum and recall. See that title PLANNING COMMISSION City commission powers ---------------------------------------- ------------- 16 PLATS City ' Commission powers ----------=----= --------------------------- ------------ 16 1076 U E CHARTER INDEX PROPERTY Section • Acquisition Powersof city -- ---------- ---------- ----- ------------------------------------- 4 Assessments Duty of director of finance. See: Department of Fi- nance Claims against city. See that title Department of finance borrowing in anticipation of taxes---- ---------- ---- --- ------- --- — --—--------------- -------- 71 Other regulations. See: Department of Finance Duty of director of finance. See: Department of Fi- nance Eminent domain powers ___ ---- _----------- _—_.___________________ 6 Franchises and public utilities. See that title Provisions relating to assignment, execution and gar- nishment---------------------------------------- — ------------- 127 Sale of, procedure for Department of finance __— --- ------ — ----- —______------------ 66 Tax for budget. See: Budget of City Taxation. See that title PUBLIC ]SEARING Budget of city. See that title PUBLIC IMPROVEMENTS. See: Improvements PUBLIC LIBRARY. See: Library PUBLIC RECORDS Budget to be - --- -- - - -- - - - - 35 Records and accounts of officers, departments and agen- ciesof city --------------- ------------------ ------------------- ----------------- 118 PUBLIC UTILITIES Franchises and public utilities. See that title PURCHASES Division of purchases. See: Department of Finance Duty of director of finance. See: Department of Fi- nance R REAL ESTATE Property subject to tax. See: Taxation • RECALL. See: Initiative, Referendum and Recall REFERENDUM. See: Initiative, Referendum and Re- call 1077 LA PORTE CODE S SEAL OF CITY Section • Powersof city ---------- ----------------- ------------------------------- ------------- 4 SEPARABILITY CLAUSE Generally------------------------ -------------------------------------------------------- 133 SLUM DISTRICTS Clearance of City commission power ------------------------------ --------- —----- ----- 16 STREETS AND SIDEWALKS Powers of city to open, alter, etc. ---- ------------------------------- 7 SUPPLIES, MATERIALS, EQUIPMENT FOR CITY City director of finance. See: Department of Finance T TAXATION Assessment, method of - --------------- - ----- ----- __-_—__________-- 75 Board of equalization Appointment, qualifications of members ----------------- ---- 76 Powers and duties Enumerated— -------- —------------- --------------------- 78 Public hearing -- -- -------- ---- --- -------------------------- 77 Records---- ------- -------------------- ------ ------------------------------- 79 Rolls, approval of -------- ----- ---------------- -------- ------------------- 79 Budget of city. •See that title Division of assessment _______________-___-_--_----------------_--_-- 74 Due and payable, when ----------- ------- ------------- -------- ------- 80 Duty of director of finance. See: Department of Fi- nance Liens---------------------- ------------- --------------- ---------- ----------- -------------- 82 Personal property Seizure and sale of ------ --------- ------------------------------------------- 81 Property subject to -------------------------------------------------- ------------- 76 Property tax for budget. See: Budget of City U UTILITIES Franchises and public utilities. See that title w WATER AND SEWERS Sanitary sewer system Powerof city ---------------------- --------------------- ------------------------- 11 1078 CHARTER INDEX • ZONING Section Board of appeals Appointment of members City commission powers _------- _____-------- ------ 16 Regulations regarding heights, structures, etc .------ __---- 126 • 1079 • CHARTER CITY OF LA PORTE, TEXAS This pamphlet is a reprint of the Charter of the City of La Porte, Texas, published by order of the City Council. MUNICIPAL CODE CORPORATION CI 'I Tallahassee, Fla. 1981 CHARTER* • Art. I. Incorporation; City Powers, §§ 1.01-1.06 Art. II. City Council, §§ 2.01-2.11 Art. III. Administration, §§ 3.01-3.05 Art. IV. Budget, §§ 4.01-4.06 Art. V. Finance Administration, §§ 5.01-5.08 Art. VI. Initiative, Referendum and Recall, §§ 6.01-6.10 Art. VII. Franchises and Public Utilities, §§ 7.01-7.06 Art. VIII. General Provisions, §§ 8.01-8.10 ARTICLE I. INCORPORATION; CITY POWERS 1.01. Incorporation. The inhabitants of the City of La Porte within the boundaries as now established or as hereafter established in the manner provided by law shall continue to be a body politic and corporate and be known by the name of the City of La Porte. 1.02. City boundaries. The boundaries and limits of the city shall be the same as have heretofore been established and now exist, which boundaries and limits were originally shown on the map recorded in Volume 8, Page 16, Map Records of Harris County, Texas, and as modified by subsequent annexations and disannexations. 1.03. Modification of city boundaries. The city council shall have power by ordinance to fix the boundary limits of the city and to provide by ordinance for the extension of said boundary limits, by the annexation of *Editor's note —The home rule Charter of La Porte, as adopted at referendum Aug. 23, 1980, is included herein, substantially as enacted. A uniform style of capitalization, punctuation and indention has been employed, in a format similar to that of the Code portion of this volume, but no substantive changes have been made. Obvious typographical errors • have been corrected. As amendments are enacted, they will be denoted by adding an historical citation, in parentheses, at the end of the affected section. Supp. No. 11 , § 1.03 LA PORTE CODE § 1.04 additional territory lying adjacent to the city, the disannex- ation of territory within the city and the exchange of territory with other cities and towns, all with or without the • consent of the inhabitants in such territory or the owners thereof; provided that the foregoing powers shall be exercised by the council in a manner consistent with, and the council shall comply with, the procedural rules, requirements and limitations prescribed by any law applicable to cities operating under charters adopted or amended pursuant to Article XI, Section 5 of the Constitu- tion of the State of Texas, otherwise known as home rule cities, including Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). The following methods of annexation may be used: (a) Petition. The residents of any land contiguous and adjacent to the city may request the annexation of such land. Such request shall be made by a petition in writing which is signed by a majority of the residents of such land, addressed to city council and filed with the city secretary. Within thirty (30) days of the filing of such petition, city council shall hear the petition and any arguments for or against it and shall accept or refuse the petition as council sees fit. If the petition is accepted, council shall by proper ordinance annex such land. (b) Otherwise. The city may annex territory by use of any of the means provided in Revised Civil Statutes .of Texas Article 907a (Municipal Annexation Act). 1.04. Form of government. The governing body of the city shall be a council composed of the mayor and eight (8) councilpersons, to be known as the city council of the City of La Porte, hereinafter called city council. The members of city council shall be elected from the city in the manner prescribed elsewhere in this Charter. • Supp. No. 11 2 § 1.05 CHARTER § 1.05 1.05. Powers of the city. • a. Generally. The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of the State of Texas together with all the implied powers necessary to carry into execution the powers granted. The city may acquire property within or without its corporate limits for any city purpose in fee -simple title or any lesser interest or estate by purchase, gift, devise, lease or condemnation and may sell, lease, exchange, mortgage, hold, manage and control such property as its interest may require; and, except as prohibited by the Constitution of this state or restricted by the Charter, the city may exercise all municipal powers, functions, rights, privileges and immuni- ties of every name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract; may implead and be impleaded in all courts concerning all matters; may cooperate with the government of the United States and of the State of Texas or any agency or political subdivision thereof to accomplish any lawful purpose;'and may pass such ordinances as may be expedient for maintaining the city's peace and welfare and for the performance of its functions. b. Enumerated powers. Without limitation of the foregoing powers, the following are enumerated for greater certainty: 1. Eminent domain. The city shall have the full power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or by the Constitution and laws of the State of Texas. This power shall include the power to acquire any public utility operating with or without a franchise and furnishing a public service. The city may exercise its condemnation power in any manner authorized or permitted by the constitution and laws of this state. The power of eminent domain hereby conferred shall include the right of the city to take fee -simple title in land so condemned and such power and authority is shall include the right to condemn property for such purposes. The city shall have and possess the power Supp. No. 11 3 § 1.05 LA PORTE CODE § 1.05 of condemnation for any municipal or public purposes even though not specifically enumerated in this Charter. • 2. Streets. (a) Powers. The city shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and all vendors, showcases and encroachments of every nature or character upon any of said streets and sidewalks. (b) Improvements. The city shall have exclusive dominion, control and jurisdiction in, upon and over and under the public streets, avenues, alleys and highways of the city, and may provide for the improvement thereof of paving, repaving, raising, draining or otherwise. The provisions of Revised Civil Statutes of Texas, Article 1105b are express- ly adopted and made a part of this Charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property. 3. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system, to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and. compensation to be charged by the city for sewerage service, providing rules and regulations for the collection thereof, and to • provide for rendering a lien against any property SuM No. 11 4 § 1.05 CHARTER § 1.05 owner's premises who fails or refuses to make sanitary sewer connections after due notice and to charge a • cost against said owner and make it a personal liability. • 4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash and rubbish within the city and shall fix charges and compensation to be charged by the city for the removal of garbage, trash and rubbish, providing rules and regulations of the collection thereof. 5. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet; have power to police all parks or grounds, speedways, or boulevards owned by said city and lying outside of said city, to prohibit the pollution of any stream, drain or tributaries thereof, which may constitute the source of water supply of any city and to provide for policing the same as well as to provide for the protection of any watersheds and the policing of same, to inspect dairies, slaughter pens, and' slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city. c. General powers adopted. The enumeration of the particular powers in this Charter shall not be held or deemed to be exclusive but in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers; the city shall have and may exercise all power of local self-government and all other powers which, under the Constitution and laws of the State of Texas, it would be competent for this Charter specifically to enumerate. The city shall have and may exercise all the powers enumerated in Revised Civil Statutes of Texas, Article 1175. 3upp. No. 11 5 § 1.06 LA PORTE CODE § 2.01 1.06. Special provisions for damage suits. Before the city shall be liable to damage claim or suit for • personal injury or death or damage to property, the person who is injured or whose property is damaged or someone in his behalf or his personal representative in cases of death shall give the city secretary notice in writing within thirty (30) days after the occurring of the alleged injury, death or damage stating specifically in such notice when, where and how the injury, death or damage was sustained and setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury, death or damage. No action at law for damage shall be brought against the city for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice hereinabove described has been filed with the city secretary. After the expiration of sixty (60) days aforementioned, the complainant may then have two (2) years in which to bring an action of law. ARTICLE II. CITY COUNCIL 2.01. Composition of city council. a. Members of council. City council shall be composed of a mayor and eight (8) councilpersons. The positions of councilpersons shall be designated as follows: Councilperson—District 1 Councilperson—District 2 Councilperson—District 3 Councilperson—District 4 Councilperson—District 5 Councilperson—District 6 Councilperson-at-large—Position A Councilperson-at-large—Position B. The mayor and the two (2) councilpersons-at-large shall be elected by a majority vote of the city at large. The city is be divided, as described below in subsection b, into six $upp. No. 11 6 § 2.01 CHARTER § 2.01 (6) districts, Districts 1, 2, 3, 4, 5 and 6, and one councilperson shall be elected from each district by majority • vote of the resident voters of such district. b. Formation of districts. City council shall divide the city into six (6) districts which are reasonably compact, contiguous and of as nearly equal population as practicable. It shall be the duty of city council to establish the boundaries of six (6) districts covering the entire city for the purpose of electing district councilpersons. Such boundaries shall be established by ordinance, which shall be final for purposes of this Charter. The first such establishment shall be made as soon as practicable prior to the first city election following adoption of this section. Any subsequent estab- lishment shall be made when required by this Charter. Promptly following the addition of territory to the city by a boundary change, the city council shall, by ordinance, add such territory to an adjacent district or districts. Immediately following publication of the 1980 federal census, and at least every five (5) years thereafter, city council shall conduct an investigation and determine the population of the city and the population of each of the districts from which district councilpersons are to be elected. Each such determination shall be based upon the best available data, including, but not limited to, the most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final determination for purposes of this Charter. After any such determination, if the distribution of population among the various districts is determined by city council to be materially unbalanced, the city council shall establish new boundaries for the election of district councilpersons. c. Election. All candidates for city council shall be voted on and elected separately for positions and districts on said city council, and each candidate shall be designated on the • official ballot according to the title of such position or district to which he seeks election. Supp. No. 11 7 § 2.01 LA PORTE CODE § 2.03 Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate shall be elected to such office. In the event any candidate for any • office fails to receive a majority of all votes cast for all the candidates for such office, the city council shall call a run-off election to be held not less than twenty-one (21) days nor more than thirty (30) days after the regular election, at which run-off election the two (2) candidates receiving the highest number of votes shall be voted for again. In the event of a tie in the vote for the two (2) leading candidates, at the regular election, the city council shall hold a second election not less than twenty-one (21) days nor more than thirty (30) days after the regular election, at which said second election the candidates receiving such tie votes shall be voted for again. d. Term of office. The mayor and councilpersons shall each hold their respective offices for a term of three (3) years and until their successors shall have been elected and duly qualified. 2.02. Qualifications. a. Enumerated. The mayor and councilpersons shall be resident electors of the city at the time of filing for office, and continuously during their terms of office. A district councilperson shall also be a resident of his district at the time of filing for office and continuously during his term of office. b. Council to be judge of members' qualifications. City council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and. require the production of records, but the decision of council in any such case shall be subject to review by the courts. 2.03. Conduct of elections. a. Regulations. All city elections shall be governed by the laws of the State of Texas..In the event there should be any failure of the general laws or this. Charter to provide for Supp. No. 11 8 § 2.03 CHARTER § 2.04 some feature of the city elections, city council shall have the • power to provide for such deficiency, making all regulations it considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this Charter, with any regulations made by council or the laws of the State of Texas. No informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the Charter and ordinances of the city. b. Schedule. 1. Regular election. The regular election for choice of members of council shall be held annually on the first Saturday of April. 2. Special election. Council may be ordinance or resolution order a special election, fix the time for holding same and provide necessary means. 2.04. Vacancies in city council. a. Candidacy elsewhere. If the mayor or any council person shall announce his candidacy, or shall in fact become a candidate, in any general, special or primary election for any office of profit or trust under this Charter or the laws of Texas or the United States, other than the office he has held, at any time when the unexpired term of the office then held shall exceed one year, such announcement or such candidacy shall constitute an automatic resignation of the office then held. b. Procedure. When a vacancy occurs for any reason in the office of mayor or councilperson, council shall call a • special election within one hundred twenty (120) days. At said election the vacant office or offices shall be filled under the provisions of this Charter. Supp. No. 11 9 § 2.04 LA PORTE CODE § 2.04 c. Filing for office. Each candidate for public office must: 1. Be a qualified voter in the city. • 2. File sworn application with the city secretary at least thirty (30) days prior to the election date. 3. Post the required filing fee: For mayor: Not to exceed the sum of one hundred dollars ($100.00). For councilperson: Not to exceed the sum of fifty dollars ($50.00). The filing fees shall be used to defray the cost of the election and said fee shall be prorated and any surplus shall be refunded to said candidates. In lieu of posting such fee, a candidate may submit a petition requesting that his name be placed on the ballot. Said petition shall bear a number of signatures of qualified electors who are residents of the city, which number shall not be less than five (5) per cent of the total vote cast at the most recent regular election in which a councilperson was elected or fifty (50), whichever is the lesser number. Each signer shall indicate his address and the number and county of his voter registration certificate. 4. File for only one city office. d. Official ballots. The full names of all candidates for mayor or council as hereinbefore provided, except such as, may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations. If two (2) candidates with the same surnames, or with names so similar as to be likely to cause confusion, file for office, their occupations or the addresses of their places of residence shall be placed with their names on the ballots. The order of the names on the ballot shall be determined by lot. e. Canvassing elections. Returns- of the elections, general and special, shall be made by the election officers to council Supp. No. 11 10 § 2.04 CHARTER § 2.08 promptly following said election, at which time council shall canvass and declare the results of such election. • 2.05. Compensation. Each councilperson and the mayor shall receive for his services a salary in an amount determined by the council, not to exceed the sum of twenty-four hundred dollars ($2,400.00) per year for the mayor, and twelve hundred dollars ($1,200.00) per year for each councilperson. 2.06. Original meeting of new council. On the first Monday next following the regular municipal election held on the first Saturday of April, or as soon thereafter as practicable, city council shall meet at the usual place for holding meetings, and the newly elected members shall qualify and assume the duties of office. At such meeting council shall select one of its members to serve as mayor pro tem, who shall serve for a one year term and until his successor is appointed and has qualified. 2.07. Meetings. a. Frequency. City council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of council shall be open to the public; special meetings shall be called by the city secretary upon request of the mayor or three (3) councilpersons. b. Rules. City council shall determine its own rules and order of business. c. Journal. City council shall keep a journal of its proceedings. Such journal shall be open to public inspection. 2.08. Duties of mayor. The mayor shall preside at meetings of council and shall be entitled to vote upon all matters it considers. The mayor • shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by 3upp. No. 11 11 § 2.08 LA PORTE CODE § 2•09 this Charter and the ordinances of the city. He shall be recognized as the head of the city government for all • ceremonial purposes, by the courts for civil process, and by the government for purposes of military law. In times of public danger or emergency, the mayor shall take command of the police, maintain order and enforce the law. If a vacancy occurs in the office of mayor or in the case of his absence or disability, the mayor pro tem shall act as mayor until a successor is elected and has qualified or until the mayor is again able to assume his duties of office. 2.09. Powers of council. All powers of the city and the determination of all matters of policy shall be vested in city council. Council shall execute the laws and administer the government of the city. Without limitation of the foregoing and among the other powers that may be exercised by council, the following are hereby enumerated for greater certainty: a. Adopt budget of the city. b. Authorize the issuance of bonds by a bond ordinance. c. Inquire into the conduct of any office, department, agency or officer of the city and make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misde- meanor and shall be punishable by fine. Council shall enact an ordinance to enforce this provision. d. Establish and appoint the members of the planning commission. e. Adopt plats. f. Adopt and modify the official map of the city. g. Adopt, modify and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. 3upp. No. 11 12 § 2.09 CHARTER § 2.10 h. Adopt, modify and carry out plans proposed by the planning commission for the replanning, improve- ment and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. i. Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings calculated to increase the fire hazard and the manner of their removal or destruc- tion. j. Approve assessment rolls as returned to it by the board of equalization and adopt same as the assessment rolls to be used for the collection of taxes for the current year. k. Control and distribute all contingent appropriations. Expenditures from a contingent appropriation shall require prior approval of council. A contingent appropriation shall be disbursed only by transfer to a departmental appropriation, the spending of which shall be charged to the department or activity for which the appropriation is made. 2.10. Additional discretionary powers. In addition to the above powers and without limitation of such, city council shall have the power to, and may at its discretion, do any or all of the following: a. Public library. Council shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm, associa- tion or corporation under such terms as council may • prescribe for the establishment of such free public library. For budget purposes, the library shall be considered as a department of the city and the Supp. No. 11 13 § 2.10 LA PORTE CODE § 2.10 appropriations therefor shall comply with all the budgetary requirements as outlined in this Charter and as may be prescribed from time to time by council. b. Hospital. 1. Operation. The city shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise, all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospi- tal. Upon establishment of such hospital, council shall create a hospital board with membership and compensation deemed appropriate by council, which shall operate the hospital subject only to such direction and supervision as shall be contained in any ordinance or ordinances enacted by council. 2. Finances. All funds belonging to said hospital, whether classed as funds received in course of operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall submit a quarterly operating statement to council, and an annual audit to coincide. with the fiscal year of the city. c. Zoning. 1. Power. For the purposes of promoting the health, safety, morals or general welfare of the city, council may by ordinance regulate the - location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, • business, residence and other purposes. Supp. No. 11 14 § 2.10 CHARTER § 2.10 2. Procedure. Should council enact regulations under subsection 1. above, it shall establish a zoning • commission and may establish a zoning board of adjustment. (a) Zoning commission. (1) The zoning commission shall recommend to council the location of zoning districts and restrictions therein, and shall hold public meetings on such recommenda- tions. (2) Commission members shall receive such compensation as council may deem appro- priate. (3) Council may combine the duties of said commission with the duties of the plan- ning commission, as provided in section 2.09 a through j, to form a planning and zoning commission. (b) Zoning board of adjustment. (1) The zoning board of adjustment may, in appropriate cases and subject to appropri- ate conditions and safeguards, make special exceptions to the terms of a zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. (2) Board members shall receive such com- pensation as council may deem appropri- ate. 3. Generally. All of the powers granted by Revised Civil Statutes of Texas, Articles 1011a. to 1011j., inclusive, relating to zoning in cities, are hereby adopted and made a part of this Charter. • d. Housing authority. Council may create a housing authority of such number, terms and compensation of Supp. No. 11 15 § 2.10 LA PORTE CODE § 2.11 members as council may determine and may delegate to the housing authority such powers relating to the planning, construction, reconstruction, alteration, • repair, maintenance or operation of housing projects and housing accommodations as council may deter- mine. 2.11. Ordinances. a. Passage. 1. Procedure. Every ordinance shall be introduced in written or printed form, and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten (10) days from the date of its passage. The city secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in the city at least once within ten (10) days of its passage according to the provisions of Revised Civil Statutes, Article 1013.' He shall note on' every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the Charter, and the date of such publication and promulgation of such ordinance; provided, that the provisions of this section shall. not apply to the correction, amendment, revision and modification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in Article VII of this Charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of city council. Every ordinance shall be authenticated by the signature of the mayor and city secretary and shall be systemati- cally recorded in an ordinance book in a manner • approved by council. It shall only be necessary to Supp. No. 11 16 § 2.11 CHARTER § 3.01 record the caption or title of ordinances in the minutes of journal of council meetings. 2. Codifications. Council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as council deems advisable. Such printed code, when adopted by council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper and shall be admitted in evidence in all courts and places without further proof. b. Additional ordinances. In addition to such acts of council as are required by statute or by this Charter to be by ordinance, every act of council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. c. Enacting clause. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE." ARTICLE III. ADMINISTRATION 3.01. City manager. a. Appointment and qualifications. City council shall appoint a city manager, who shall be chosen solely on the basis of his executive and administrative training, experi- ence and ability. No member of city council shall, during the term for which he is elected and for one year thereafter, be appointed city manager. b. Term and salary. The city manager may be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. The action of city council in suspending or removing the city manager shall be final, it being, the intention of this Charter to vest all authority and fix all responsibility of such action in city • council. Supp. No. 11 17 § 3.01 LA PORTE CODE § 3.01 Council shall set a salary for the city manager as it deems appropriate. c. Duties. Except as provided elsewhere in this Charter, the city manager shall be the chief executive officer and head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end he shall have power and be required to: 1. Devote all his working time and attention to the affairs of the city. 2. Appoint and, when necessary for the good of the city, remove all city officers and employees except those for which this Charter provides otherwise. He may authorize the head of a department to appoint and remove subordinates in such department. 3. Prepare the budget annually, submit it to council and be responsible for its administration after adoption. 4. Prepare and submit to council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year. 5. Keep council advised of the financial condition and future needs of the city and make such recommenda- tions as may seem to him desirable. 6. Perform such other duties as may be prescribed by this Charter or required of him by the council, not inconsistent with this Charter. 'd. Provisions for absence. Within thirty (30) days after taking office, the city manager shall designate by letter filed with the city secretary a qualified administrative officer of the city to perform his duties during his temporary absence or disability. Upon receipt of said letter, the city secretary shall advise council of its contents. Said letter shall be in force and effect for the duration of the city manager's employ or until he files another such letter. • 3upp. No. 11 . 18 § 3.02 CHARTER § 3.04 3.02. Administrative departments. • a. Creation. There are hereby created the following administrative departments: Finance, police, fire, law, public works, health, parks and recreation, and water and sewer. Council may by ordinance create or abolish offices, departments or agencies other than the offices, departments or agencies established by this Charter. b. Consolidaton. Council may consolidate or redesignate any of the offices, departments and agencies. c. Directors. The city manager shall appoint a director to supervise and control each department. When necessary for the good of the city, the city manager may remove any such director. Such director shall be an officer of the city and shall have supervision and control of his department, subject to the supervision of the city manager. Two (2) or more departments may be headed by the same individual, and directors of departments may also serve as chiefs of divisions. The city manager may head one or more departments. d. Divisions. The work of each administrative department may be distributed among such divisions thereof as may be established by ordinance or this Charter. 3.03. City secretary. With the advice and consent of city council, the city manager shall appoint a competent person to be secretary of the city. The city secretary shall: a. Give notice of council meetings. b. Authenticate by his signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions. c. Perform such other duties as may be assigned to him by council or elsewhere in this Charter. • 3.04. Municipal court. a. Establishment. There shall be established and maintained a municipal court with all powers and duties as Supp. No. 11 19 § 3.04 LA PORTE CODE § 3.05 are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. b. Municipal judge. City council shall appoint a compe- • tent attorney, duly licensed by the State of Texas, to be judge of the municipal court. He shall serve at the pleasure of council and shall receive compensation as may be fixed by council. c. Alternate municipal judge. Council shall have the power to create and appoint additional judges as provided by law. d. Court clerk. Subject to the approval of the municipal judge, the city manager shall appoint a municipal court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto and generally do and perform any and all acts usual and necessary by clerks of court in conducting the business thereof. e. Costs and fines. All costs and fines imposed by the municipal court, or any court in cases appealed from its judgments, shall be paid into the city treasury for the use and benefit of the city. 3.05. City attorney. City council shall appoint a competent attorney, duly licensed by the State of Texas, to be city attorney and head of the department of law. He shall be appointed and removed at the will and pleasure of council by a majority vote of the entire council, and shall receive compensation as may be fixed by council. The city attorney, or other attorneys selected by him with the approval of Council, shall represent the city in all litigation. He shall be the legal advisor of, and attorney and counsel for, the city and all offices and departments thereof. • Sapp. No. 11 20 § 4.01 CHARTER § 4.01 ARTICLE IV. BUDGET • 4.01. Preparation and submission of budget. At least forty-five (45) days prior to the beginning of each fiscal year, the city . manager shall submit to council a proposed budget with required attachments. For such purpose, at such date as he shall determine, he shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department or agency, detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the city manager shall review the estimates, may hold hearings thereon and may revise the estimates, as he may deem advisable. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain the following: L. A consolidated statement of receipts and expendi- tures for all funds. 2. An analysis of property valuations. 3. An analysis of tax rate. 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. 5. A detailed listing of the resources of each fund. 6. A summary of proposed expenditures within such funds by department, function and classification. 7. A revenue and expense statement for all outstand- ing bonded debt. 8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, maturity dates and amount outstanding. • 9. The appropriation ordinance. 10. The tax -levying ordinance. 8upp. No. 11 21 § 4.01 LA PORTE CODE § 4.01 b. Attachments to budget. 1. Budget message. The city manager shall prepare a • budget message which shall be submitted with the budget. It shall contain an outline of the proposed financial policies of the city for the fiscal year and describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous years in expenditures and revenue items and shall explain any major changes in financial policy. 2. Supporting schedules. Attached to the budget shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital outlays, as the city manager shall believe useful to council. 3. Comparison tables. The city manager may prepare tables in which various items may be compared with those of previous years and shall attach such to the budget. (a) Anticipated revenues. In parallel columns opposite the several items of revenue, there shall be placed the actual amount of such item for the first six (6) months of the current year, the budgeted amount for the current fiscal year, and the proposed amount for the ensuing fiscal year. (b) Proposed expenditures. The proposed expendi- tures for the administration, operation, main- tenance and capital outlay of each office, department or agency of the city shall be itemized by character and object. In parallel columns opposite the various items of expend- itures, there shall be placed the actual amount of such items of expenditures for the last completed fiscal year, the estimated amount for the current fiscal year and the • proposed amount for the ensuing fiscal year. Supp. No. 11 22 § 4.01 CHARTER § 4.03 c. Balanced budget. The total estimated expenditures of the general fund and debt service fund shall not • exceed the total estimated resources of each fund (prospective income plus cash on hand). The classifi- cation of revenue and expenditure 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 nationally accepted classification. 4.02. Availability of proposed budget. The proposed budget and all attachments shall be a public record in the office of the city secretary, open to public inspection. The city manager shall cause sufficient copies of such to be prepared for distribution to interested persons. 4.03. Budget adoption. a. Publication of notice of public hearing. At the meeting of city council at which the budget and attachments are submitted, council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which council will hold a public hearing. b. Public hearing. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, city council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. c. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all members of the whole council. d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal year. Should council take no final action on or prior to such day, the budget as submitted • by the city manager shall be deemed to have been finally adopted by council. Supp. No. 11 23 § 4.03 LA PORTE CODE § 5.01 Upon final adoption, the budget shall be in effect for the fiscal year. • 4.04. Public record. a. Filed. A copy of the budget as finally adopted shall be filed with the city secretary. b. Availability. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments and agencies, and for the use of interested persons and civic organizations. 4.05. Effect of approved budget. From the effective date of the budget: a. The several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. b. The amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. 4.06. Fiscal year defined. The fiscal year of city government shall begin on the first day of October and end on the last day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year. ARTICLE V. FINANCE ADMINISTRATION 5.01. Division of taxation. There shall be established in the department of finance a division of taxation, the head of which shall be the city tax assessor -collector. a. Property subject to tax; method of assessment. All • real and personal property within the city not Supp. No. 11 24 § 5.01 CHARTER § 5.01 expressly exempted by law shall be subject to annual • taxation at its true market value. Each person, partnership and corporation owning property within the limits of the city shall between the first day of January and the thirty-first day of March of each year, hand to the tax assessor -collector a full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the first day of January of the current year. In all cases of failure to obtain a statement of real and personal property from any cause, the tax assessor_collector shall ascertain the amount and value of such property and assess the same as he believes to be true and full value thereof; and such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. b. Board of equalization. Membership. City council shall each year, prior to the first day of March, appoint three (3) residents who are qualified voters as the board of equaliza- tion. Such board shall choose from its membership a chairperson. A majority of said board shall constitute a quorum for the transaction of business. The tax assessor -collector shall be ex officio secretary of the board. 2. Compensation. Members of the board while serving shall receive such compensation as council may deem appropriate. 3. Powers and duties. In order that all property within the city shall be assessed as uniformly as possible, the board of equalization shall have the power and duty to: (a) Adopt regulations regarding the procedure of • assessment review. Supp. No. 11 25 § 5.01 LA PORTE CODE § 5.01 (b) Review, on complaint of property owners, assessments for the purpose of taxation of both real and personal property within the • city made by the assessor -collector. (c) Examine and, if necessary, revise the assess- ments returned by the tax assessor -collector and as previously set by the board. (d) Administer oaths, take testimony, hold hear- ings and compel the production of all books, documents and other papers pertinent to the investigations 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) Certify its approval of the assessment rolls and have them returned to the tax assessor - collector, immediately upon completion of the board's work. 4. Records. The board shall be required to keep an accurate record of all its proceedings, which record shall be available for public inspection. 5. Public hearing and notice to owner. At the same meeting that city council appoints the board of equalization, it shall by ordinance fix the time of the first meeting of the board which shall be on the tenth day of May, or as soon thereafter as practicable. After such first meeting, the board may reconvene and adjourn from time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any person in relation to the assessment roll. Whenev- er said board shall find it their duty to raise the value of any property appearing on the lists or books of the 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) nor more than fifteen (15). days from the date of adjournment and shall Supp. No. 11 26 § 5.01 CHARTER § 5.01 cause the secretary of said board to give written notice to the owner of such property or to the • person rendering same of the time to which said board has adjourned, and that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may be served by depositing the same, properly ad- dressed, and postage paid, in the city post office. c. Payment of taxes. 1. When due and payable. All taxes due the city shall be payable at the office of the assessor -col- lector 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 following the year for which the tax was levied, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as city council may provide by ordinance. 2. Tax liens. The tax levied by the city is hereby declared to be a lien, charge or encumbrance upon the property upon which tax is due, which lien, charge or encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city, for the amount of taxes due on such property, is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against nonresidents. All taxes upon real estate shall especially be a lien and a charge upon the • property upon which the taxes are due, which lien may be foreclosed in any court having jurisdic- tion. Supp. No. 11 27 § 5.02 LA PORTE CODE § 5.03 5.02. Purchase procedure. All purchases made and contracts executed by the city • shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be changed, and no contract or order shall be binding upon the city unless and until the city manager or his designee approves the same and certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Before the city makes any purchase or contract, opportunity shall be given for competition. Council may by ordinance confer upon the city manager general •authority to contract for expenditures without further approval of council for budgeted items not exceeding three thousand dollars ($3,000.00). All contracts for expenditures involving more than three thousand dollars ($3,000.00) must be expressly approved in advance by council. All contracts or purchases involving more than three thousand dollars ($3,000.00) shall be let to the lowest bidder, considering quality, after there has been opportunity for competitive bidding as provided, for by law or ordinance; provided that council or the city manager, in such cases as he is authorized to contract for the city, shall have the right to reject any and all bids. Contracts for professional services for which bidding is prohibited by law shall not be let on competitive bids. 5.03. Alterations in contracts. Except in case of emergency, alterations in any contract• not to exceed twenty-five (25) per cent of the total contract may be made when authorized by council upon written recommendation of the city manager; provided that such alteration is acceptable to the other party to the contract. When such recommended change is for -an amount not more than five thousand dollars ($5,000.00), council may authorize the city manager to approve such alterations. . • Supp. No. 11 28 § 5.04 CHARTER § 5.05 5.04. Fees shall be paid to city. • All fees for city services received by any officer or employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of the finance department. 5.05. Borrowing. a. Negotiable notes. In any fiscal year, city council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the city which shall mature and be payable not later than the end of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than par and accrued interest at private sale by the director of the finance department without previous advertisement, but such sale shall be authorized by council. Such notes shall be in anticipation of either of the following: 1. Property taxes. Notes authorized in anticipation of the collection of property taxes in a fiscal year shall be designated "tax anticipation note for the year " (stating the fiscal year). 2. Other revenues. Notes authorized in anticipation of the collection or receipt of other revenues shall be designated "special revenue note for the year " (stating the fiscal year). b. Capital improvements. 1. Power and authority to incur indebtedness. The city shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the city for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this state • applicable to home rule cities, except as such power Supp. No. 11 29 § 5.05 LA PORTE CODE § 5.07 and authority is expressly limited or denied by this Charter, or any amendments hereto. 2. Referendum on bond ordinance. Each bond ordinance passed pursuant to a purpose which has been authorized by majority vote of the voters of the city at an election shall not be subject to referendum. Each bond ordinance relating to bonds not authorized by the qualified voters of the city shall be subject to permissive referendum on petition pursuant to the provision of Article VI of this Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise. 3. Public sale of all bonds. No bonds issued under this Charter shall be sold without first offering the same at public sale. Notice. of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at least once in the official newspaper of the city, both of such publications to be made not less than ten (10) days prior to the date set for such sale. 5.06. Disbursement of funds. All checks, vouchers or warrants for the withdrawal of funds from the city depository shall be executed in accord with the provisions of this Charter and shall be signed by the city manager or his deputy and counter -signed by a member of city council. 5.07. Independent audit. r-I LJ Prior to the end of each fiscal year, council shall designate a practicing certified public accountant, who is licensed by the State of Texas, to make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit a report to council. • Notice shall be given by publication in the official Supp. No. 11 30 § 5.07 CHARTER § 6.03 newspaper in the city that the annual audit is on file at the city hall for inspection. Such accountant shall have no • personal interest, direct or indirect, in the fiscal affairs of the city government. He shall not maintain any accounts or records of the city business, but, within specifications approved by council, shall post -audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. 5.08. Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. ARTICLE VI. INITIATIVE, REFERENDUM AND RECALL 6.01. Power of initiative. The electors shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power known as the initiative. 6.02. Power of referendum. The electors shall have power to approve or reject at the polls any ordinance passed by council, or submitted by council to a vote of the electors, except as provided in section 5.05, such power being known as the referendum. Ordi- nances submitted to council by initiative petition and passed by council without change shall be subject to the referendum in the same manner as the other ordinances. 6.03. Procedure for initiative or referendum petition. a. Form of petition. • 1. Text. Initiative petition papers shall contain the full text of the proposed ordinance. Supp. No. 11 31 § 6.03 LA PORTE CODE § 6.03 2. Signatures. (a) The signatures to initiative or referendum peti- • tions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. (b) The petition shall be signed by qualified electors of the city equal in number to at least fifty (50) per cent of the number of votes cast in the last regular municipal election. 3. Circulators. There shall appear on each petition the names and addresses of five (5) electors, who, as circulators, shall be regarded as responsible for the circulation and filing of the petition. 4. Affidavit. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine signatures of the persons whose names they purport to be. b. Submission of petition. 1. Filing. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city secretary as one instrument. 2. Examination. Within twenty (20) days after -a petition is filed, the city secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The city secretary shall declare any petition paper entirely • invalid which does not have attached thereto an Supp. No. 11 32 § 6.03 CHARTER § 6.03 affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the • number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures present shall be accepted unless void on other grounds. 3. Certification. (a) Procedure. After completing his examination of the petition, the city secretary shall certify the result thereof to city council at its next regular meeting. If he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the circulators of his findings. (b) Effect. When a referendum petition or amended petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. c. Amendment of petition. An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the city secretary, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city secretary shall, within five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the circulators of his findings and no further action shall be had on such insufficient petition. d. Refiling not prejudiced. The finding of the insufficiency • of a petition shall not prejudice the filing of a new petition for the same purpose. Supp. No. 11 33 § 6.04 LA PORTE CODE § 6.05 6.04. Consideration of referendum or initiative by council. Whenever city council receives a certified initiative or • referendum petition from the city secretary, it shall proceed at once to consider such petition and shall take final action on it within sixty (60) days after the date on which it was submitted to council. a. Initiative. A proposed initiative ordinance shall be read and provision made for a public hearing on such before the time set for final action. b. Referendum. A referred ordinance shall be considered by council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance in the referendum petition be repealed?" 6.05. Election on referendum or initiative. a. Submission to electors. If council shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth in the petition therefor, or if council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors on the next election day as established by the laws of the State of Texas. Council may, in its discretion, -and if no regular election is to be held on such day shall, provide for a special election. b. Form of ballot. Ordinances submitted to vote of electors in accordance with this article shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. Below the ballot title shall appear the following propositions, one preceding the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same • election and may be submitted on the same ballot, but any Supp. No. 11 34 § 6.05 CHARTER § 6.08 paper ballot used for voting thereon shall be for that • purpose only. c. Results. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 6.06. Amendment of initiative or referendum ordi- nances. Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by council, as in the case of other ordinances. 6.07. Power of recall. The mayor or any councilperson may be removed from office by recall. No recall petition shall be filed against the mayor or a councilperson within six (6) months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6) months after such election. 6.08. Procedure for recall petition. a. Affidavit. Any elector of the city may make and file with the city secretary an affidavit containing the name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. b. Petition blanks. Upon receipt of said affidavit, the city secretary shall deliver to said elector copies of petition blanks demanding such removal. The city secretary shall keep a sufficient number of printed petition blanks on hand • for distribution. Such blanks when issued shall: 1. Be signed by the city secretary. Supp. No. 11 35 § 6.08 LA PORTE CODE § 6.09 2. Be addressed to city council. 3. Be numbered and dated. • 4. Indicate the name of the person to whom issued. 5. Indicate the name of the officer whose removal is sought. 6. Indicate the number of such blanks issued. The city secretary shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number issued to said person. c. Return of petition. To be effective, the recall petition must: 1. Be signed by qualified electors of the city equal in number to at least fifty (50) per cent of those who were qualified voters and voted on the date of the last regular municipal election, and at least one-half of the qualified voters constituting such fifty (50) per cent signing the petition shall make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is sought, in the election at which he was last elected. 2. Be returned and filed with the city secretary within thirty (30) days after the filing of the affidavit required in section 6.08a. 6.09. Recall election. a. Submission. The city secretary shall at once examine the recall petition and, if he finds it sufficient and in compliance with the provisions of this article, he shall within five (5) days submit it to city council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice, council shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next election day as established by the laws of the State of Texas. Supp. No. 11 36 § 6.09 CHARTER § 7.01 b. Ballots. Ballots used at recall elections shall conform to the following requirements: • 1. With respect to each person whose removal is sought the question shall be submitted "Shall (name of person) be removed from the office of (name of office) by recall?" 2. Immediately below each such question there shall be printed the two (2) following propositions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)." c. Results. If a majority of the votes cast at a recall election shall be against the recall of the officer named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as in other vacancies. 6.10. District judge may order election. Should city council fail or refuse to order. any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the Charter, then it shall be the duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the Charter. ARTICLE VII. FRANCHISES AND PUBLIC UTILITIES 7.01. Enfranchisement. • a. Power of council. City council shall have power by ordinance to grant, amend, renew and extend all franchises Supp. No. 11 37 § 7.01 LA PORTE CODE § 7.01 of all public utilities of every character operating within the city. All ordinances granting, amending, renewing or • extending franchises for public utilities shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the notice and caption of such ordinance, noting the place where the full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the official newspaper of the city, and the expense of such publication [is) to be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of council expressed by ordinance. b. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in section 7.02a. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. c. Other conditions. All franchises heretofore granted are recognized as contracts between the city and the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of this Charter, except that the power of the city to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be • held subject to all the terms and conditions containd in the Supp. No. 11 38 § 7.01 CHARTER, § 7.02 various sections of this article whether or not such terms are specifically mentioned in the franchise. • When the city chooses to exercise its power of eminent domain to acquire any public utility, the procedure to be used in such acquisition shall be as set forth in Revised Civil Statutes of Texas, Articles 3264 through 3271, inclusive. In valuing the property, the measure of damages shall be the fair market value of the physical properties taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the city in a franchise ordinance. Prior to the purchase of any existing franchised utility system, either according to the terms of the franchise or by eminent domain, city council shall submit the question of purchase to the voters of the city, and such must be approved by a majority of those voting. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of council or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. 7.02. Regulation. a. Right of regulation. All grants, renewals, extensions or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city: 1. To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. 2. To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Supp. No. 11 39 § 7.02 LA PORTE CODE § 7•04 3. To establish reasonable standards of service and quality of products and prevent unjust discrimination in service of rates. • 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the form of accounts kept by a -utility, then it shall keep its accounts in accordance with the utility system of accounts for said utility prescribed by the appropriate state and federal utility regulatory agencies. 5. To examine and audit the accounts and other records of any such utility at any time and to require annual and other reports, including reports on local oper- ations by each such public utility. 6. To impose such reasonable regulations and restric- tions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public. 7. To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. b. Regulation of rates and service. Council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating within the city. Such power shall be subject to the exercise of power in each area of each utility by the appropriate agencies of state and federal government. 7.03. Franchise records. Within six (6) months after this .Charter takes effect, every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the city. The city shall compile and maintain a public record of public utility franchises. 7.04. Accounts of municipality -owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true Supp. No. 11 40 § 7.04 CHARTER § 7.06 and complete financial results of such city ownership and • operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves and surplus, also revenues, operating expenses, including depreciation, inter- est payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. City council shall annually cause to be made by a licensed certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving. the information specified in this section or such data as council shall deem expedient, in accordance with section 5.08. • 7.05. Franchise value disallowed. The value of the franchise granted by the city shall not be included in fixing reasonable rates and charges for utility service within the city or in determining the just compensa- tion to be paid by the city for public utility property which may be acquired by eminent domain or otherwise. 7.06. Consent of property owners. The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this Charter or in any franchise granted thereunder shall be construed to ' deprive any such property owner of any rights of action for damage or injury to his property as now or hereafter provided by law. Supp. No. 11 41 § 8.01 LA PORTE CODE § 8.02 ARTICLE VIII. GENERAL PROVISIONS 8.01. Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any person, any representative of a citizen's organization or any representative of the press during normal business hours, as provided in the Texas Open Records Act, Revised Civil Statutes Article 6252-17a. 8.02. Employers and* officers. a. Personal financial interest. No member of city council or any officer or employee of the city shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract or in the sale to the city, or to a contractor supplying the city, of any lands or rights of interests in anyr land, material, supplies or service. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the city shall render the contract voidable by council. b. Employment interest. No one who has been elected to city office shall be employed in a nonelective office by the city within the term for which he was elected or for one year thereafter. c. Nepotism. No person related, within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager shall be employed or appointed to any office, position or clerkship of the city. This prohibition shall not apply, however, to any person who shall have been employed for two (2) years or more by the city at the time of the election or appointment of the officer to whom he is related. • d. Bonds. Council shall require bonds of all municipal • officers and employees who receive or pay out any monies of the city. The amount of such bonds shall be determined by Supp. No. 11 42 § 8.02 CHARTER § 8.02 council and the cost thereof borne by the city. Council shall set the bond amount for the city manager and the director • of finance at an amount not less than ten thousand dollars ($10,000.00). e. Oath of office. 1. Elected officers. Every elected officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city secretary: /(I do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected. So help me God." 2. Appointed officers. Every appointed officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirma- tion, to be filed and kept in the office of the city secretary: «I do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of LaPorte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this • city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable Supp. No. 11 43 § 8.02 LA FORTE CODE § 8.03 thing, or promised any public office of employment, as a reward to secure my appointment or the • confirmation thereof. So help me God." f. Discharge. Council shall be authorized to discharge at any time, with or without a hearing, as council may elect, any officer, employee or clerk which it appoints. The city manager shall be authorized to discharge at any time, with or without a hearing, as the city manager may elect, any officer, employee or clerk which he appoints. g. Injuries; insurance. City council shall have authority to provide the rules and regulations for maintaining employees when injured and disabled while performing their duties, and it may provide for such plan of insurance as it deems proper. h. Pensions. City council may establish a pension plan for any employee who has been employed by the city for twenty (20) years and who shall have reached the age of fifty-five (55), or may adopt in lieu thereof any pension system available to cities under state law. The amount of said pension shall be graded and proportioned to the average salary received by the employee during the whole period of his employment. All those falling under the head of employees in this Charter and who are employed by the city when the same takes effect shall be entitled to a credit for the years of service heretofore served; provided, however, that any payment under this provision shall never constitute a waiver or stop the city from asserting any defenses it might have under section 1.06. 8.03. Assignment, execution and garnishment of city property. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment or sequestration; nor • shall the city. be liable to garnishment on account of any debt it may owe or funds or property it may have on hand Supp. No. 11 44 § 8.03 CHARTER § 8.06 or owing to any person. Neither the city nor any of its • officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors. 8.04. City not required to give security or execute bond. It shall not be necessary in any action, suit or proceeding in which the city is a party for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any court, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be as liable as if security of bond had been duly executed. 8.05. Effect of this Charter on existing law. All ordinances, resolutions, rules and regulations now in force under the city government of the city and not in conflict with the provisions of this Charter shall remain in force under this Charter until altered, amended or repealed by city council after this Charter takes effect; and all rights of the city under existing franchises and contracts are preserved in full force and effect to the city, and any unissued bonds and revenue bonds, or installments thereof, heretofore authorized at an election held in said city shall not be affected by the adoption of this Charter, but the right to sell, issue and deliver same, in whole or in part, in keeping with the provisions of the laws under which they were voted is hereby expressly reserved. 8.06. Amending this Charter. a. Amendments may be proposed and submitted to the electors of the city by ordinance passed by a majority vote of the full membership of city council or by a petition signed • by qualified voters of the city in number not less than five (5) per cent thereof or twenty thousand (20,000) signatures, Supp. No. 11 45 § 8.06 LA PORTE CODE § 8.07 whichever is less. Such petition shall in all other respects conform to the provisions of Article VI. • When a properly drawn petition has been duly filed, council shall provide by ordinance for submitting such proposed amendments to a vote of the electors at an election to be held not less than thirty (30) days nor more than ninety (90) days after the passage of said ordinance. If the next regular municipal election is to be held during said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special election shall be called for the purpose. Notice of the election shall be given by publication thereof in the official newspaper on the same day in each of two (2) successive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. The form of such notice shall be as prescribed by this Charter, including a substantial copy of the proposed amendment or amend- ments. Each amendment submitted shall contain only, one subject and shall be printed separately on the ballot, each proposed amendment being followed by designations for the voter to vote for the amendment or against the amendment. Each proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the Charter. The city secretary shall enter notice into the records of the city declaring the same adopted. b. This section is subject to the provisions of Revised Civil Statutes of Texas Annotated, Article 1170, and Election Code, Article 2.01 et seq. 8.07. Severability clause. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire • section or part of section may be inseparably connected in Supp. No. 11 46 § 8.07 CHARTER § 8.09 meaning and effect with the section or part of section to which such holding shall directly apply.. • 8.08. References to laws. All references within this Charter to laws of the State of Texas or of the United States are to be construed as meaning such laws as now or hereafter amended or superseded. 8.09. Approval of this Charter. a. Copies to electors. In not less than thirty (30) days prior to the election provided in subsection b., the city commission shall cause the city clerk to mail a copy of this Charter to each qualified voter of the city, as listed on the current voter registration list. b. Submission of Charter to electors. The charter commit- tee in preparing this comprehensive Charter amendment finds and decides that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function, it is necessary that the comprehensive amendment be adopted in its entirety. For these reasons the charter committee directs that said amended Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the city at an election to be held for that purpose on the 9th day of August, 1980. The form of ballot to be used in such election shall be as follows: FOR THE ADOPTION OF THE AMENDED CHARTER. AGAINST THE ADOPTION OF THE AMENDED CHARTER. c. Results of vote for adoption. If a majority of the qualified electors voting in such election shall vote in favor of the adoption of the Charter, and after the returns have • been canvassed, the city clerk shall file an official copy of the Charter with the records of the city. The city commission shall at its next meeting declare this Charter adopted. The Supp. No. 11 47 § 8.09 . LA PORTE CODE § 8.10 clerk shall furnish the mayor a copy of said Charter, which copy of the Charter so adopted, authenticated and certified • by his signature and the seal of the city, shall be forwarded by the mayor to the Secretary of State of the State of Texas and shall show the approval of such Charter by majority vote of the qualified voters voting at such election. 8.10. Provisions for transition. a. Tenure of officers during transition. From and after the date of the adoption of this Charter and until the completion of the first election under this Charter to be held on the first Saturday in April, 1981, and the qualification of the councilpersons therein . elected, the present qualified and acting commissioners and mayor shall constitute city council. Such city council shall possess all the powers provided by this Charter. After said election and until the election to be held on the first Saturday in April, 1982, and the qualification of the councilpersons and mayor therein elected, the present qualified and acting commissioner —Position 2 shall serve as councilperson-at-large—Position A; the present qualified and acting commissioner —Position 4 shall serve as coun- cilperson-at-large—Position B; and the present qualified and acting mayor shall serve as mayor. These councilper- sons and mayor, along with the councilpersons elected and qualified as provided in subsection b, below, shall, for the duration of their terms of office, compose city council and shall possess all the powers provided by this Charter. b. Original election of mayor and councilpersons. Coun- cilpersons representing districts shall be elected at the election to be held on the first Saturday in April, 1981, for terms of office as follows: Councilperson—District 1, three-year term Councilperson—District 2, one-year term Councilperson—District 3, one-year term Councilperson—District 4, two-year term Councilperson—District 5, two-year term • Councilperson—District 6, three-year term. Supp. No. 11 48 § 8.10 CHARTER . § 8.10 Councilpersons-at-large and the mayor shall be elected at the election to be held on the first Saturday in April, 1982, • for terms of offices as follows: Councilperson-at-large—Position A, one-year term Councilperson-at-large—Position B, two-year term Mayor, three-year term. Following these terms of office, all councilpersons and the mayor shall be elected to three-year terms, according to the provisions of Article II of this Charter. • Supp. No. 11 49 [The neat page is 1011 CHARTER COMPARATIVE TABLE Date Disposition • 3-22-49 1- 134 4-22-58 3 4-22-58 12 4-22-58 15 8-23-69 10 8-23-69 12-- 14 8-23-69 21 8-23-69 33 8-23-69 49- 56 8-23-69 88, 119 8-23-50 1.01-1.06, 2.01-2.11, 3.01-3.05, 4.01-4.06, 5.01-5.08, 6.01-6.10, 7.01-7.06, 8.01-8.10 • Supp. No. 11 101 [The next page is 1051 CHARTER INDEX • A AFFIDAVITS Municipal court clerk's power to administer ............ ANNEXATIONS Boundaries of city, modification of ..................... Boundaries of city. See that title City council districts Adding annexed territory to an adjacent district or districts........................................ APPROPRIATIONS. See: Finances ASSESSMENTS. See: Taxation ASSIGNMENT City property, assignment of ....... ................... . ATTORNEY. See: City Attorney AUDIT . Required at end of fiscal year; report; notice of availability for inspection .................................... B BLIGHTED AREAS Rehabilitation plans for City council's power to adopt, modify and carry out ... BOND ISSUES Authorizing; power of city council ..................... Charter effect on unissued bonds and revenue bonds or installments thereof .............................. City's power and authority re ......................... Public sale of ........................................ Referendum on bond ordinance ....................... BONDS, SURETY OR PERFORMANCE City not required to give .............................. Officers and employees of city ......................... Officers and employees. See that title BOUNDARIES OF CITY City council districts Adding annexed territory to adjacent district or districts • Established .......................................... Supp. No.11 1067 Section 3.04(d) 1.03 2.01(b) 8.03 5.07 2.09(g) 2.09(b) 8.05 5.05(b)(1) 5.05(b)(3) 5.05(b)(2) 8.04 8.02(d) 2.01(b) 1.02 LA PORTE CODE BOUNDARIES OF CITY—Cont'd. Section Map of city City council's power to adopt and modify ............. 2.09(f) 1.03 40 Modification of ...................................... BUDGET OF CITY Administration of .................................... 3.01(c)(3) Adoption............................................ 2.09(a),4.03 Attachments to ...................................... 4.01(b) Balanced budget ..................................... 4.01(c) City manager to prepare and submit to city council ..... 3.01(c)(3) City secretary Copy of adopted budget fled with ................... 4.04(a) Contents of .......................................... 4.01(a) Copies for city offices ................................. 4.04(b) Effect of approved budget ............................ 4.05 Fiscal year defined ................................... 4.06 Message on budget from city manager ................. 4.01(b) Preparation and submission of ........................ ' 4.01 Public inspection, availability of proposed budget for.... 4.02 Supporting schedules, exhibits and other explanatory materials........................................ 4.01(b) BUILDINGS Blighted areas Rehabilitation of, plans for; powers of city council ..... 2.09(g) Slum districts Plans for clearance of; powers of city council .......... 2.09(g) C CENSUS, FEDERAL City council election districts, effect on ................ 2.01 Elections. See that title CEREMONIES Mayor as ceremonial head of city government........... 2.08 CHARTER Adoption of Results of vote favoring ............................. 8.09(c) Amendments to ...................................... 8.06 Approvalof .......................................... 8.09 Electors Copies of charter provided to; approval or disapproval of charter by ................................... 8.09 Existing law, effect of charter on ...................... 8.05 Severability......................................... State laws, references to .............................. 8.07 8.08 •. Transitional provisions ............................... 8.10 United States, references to laws of .................... 8.08 Supp. No.11 1068 CHARTER INDEX CITY Section Boundaries of ........................................ 1.02,1.03 • Boundaries of city. See that title Ceremonial head of city government; mayor ............ 2.08 Form of government .................................. 1.04 Incorporation of ..................................... 1.01 Population of Formation of city council districts, effect on .......... 2.01(b) Powers of ........................................... 1.05 CITY ATTORNEY Appointment, compensation, removal; head of department oflaw ........................................... 3.05 Department of law Headof ........................................... 3.05 Duties.............................................. 3.05 CITY COUNCIL Budget of city. See also that title Public hearing and adoption of ...................... 4.03 Candidacy of councilpersons for other office; automatic resignation ....................................... 2.04 Compensation....................................... 2.05 Composition of ...................................... 2.01 Contracts for city purchases Alterations in, authorization by council ............... 5.03 Council approval required for ....................... 5.02 Purchasing. See that title Discharge of city officers and employees by ............. 8.02(f) Disbursement of funds Checks, vouchers or warrants Countersigning by member of city council........... 5.06 Districts Numbering and formation of ........................ 2.01 Elections. See that title Original election of council persons .................. 8.10(b) Form of government; city council form ................. 1.04 Initiative, referendum, recall .......................... 6.01 at seq. Initiative, referendum and recall. See that title Judge of members' election and qualifications .......... 2.02(b) Mayor. See also that title Presiding at council meetings with vote ............... 2.08 Meetings Frequency ......................................... 2.07(a) Journal of proceedings; keeping; open to public inspec- tion ........................................... 2.07(c) Notice of, city secretary to give ...................... 3.03 • Original meeting ................................... Presiding officer 2.08 2.08 Rules and order of business ......................... 2.07(b) Supp. No.11 1069 LA PORTE CODE CITY COUNCIL—Cont'd. Section Powersof ........................................... 2.09 Additional discretionary powers ..................... 2.10 Qualifications of members, council to be judge of........ 2.02(b) • Removal from office by recall ......................... 6.07 Initiative, referendum and recall. See that title Residence requirement ............................... 2.02(a)- Resignation of councilpersons Candidacy for other office; automatic resignation ...... 2.04 Term of office ....................................... 2.01(d) Transitionprovisions; composition of council ........... 8.10 Vacancies, filling ..................................... 2.04 CITY MANAGER Absence of Designating officer to perform duties during .......... 3.01(d) Appointment ........................................ 3.01(a) Budget of the city, city manager to propose and submit; budget message .................................. 4.01 Departmental directors Power to appoint and remove ....................... 3.02(c) Disability of Designating officer to perform duties during .......... 3.01(d) Discharge of city officers and employees by ............. 8.02(f) Disbursement of funds Signature required on checks, vouchers or warrants.... 5.06 Duties............................................... 3.01(c) Qualifications ........................................ 3.01(a) Salary............................................... 3.01(b) Term of office ....................................... 3.01(b) CITY SECRETARY Appointment of; duties ............................... 3.03 Damage suits against the city Special provisions for; notifying secretary ............. 1.06 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Ordinances, passage of Notice given by city secretary; signature authenticating 2.11(a) CITY TAX ASSESSOR -COLLECTOR Board of equalization Ea officio member of ................................ 5.01(b) Taxation. See that title Division of taxation, head of .......................... 5.01 Taxation. See that title CLAIMS AGAINST THE CITY is provisions for damage suits .................... 1.06 Supp. No.11 . 1070 CHARTER INDEX CODE OF ORDINANCES City council's power to authorize codifications .......... • CONDEMNATION Power of city; condemnation of property; eminent domain CONTRACTS Franchises recognized as .............................. Franchises. See that title Power of city to enter into ............................ Purchasing. See that title CORPORATE SEAL Power of city to use .................................. COUNCIL. See: City Council COURTS Codifications of ordinances Admissible as evidence in courts ..................... Municipal court. See that title D DAIRIES Power of city to inspect ............................... DEPARTMENTS AND OTHER AGENCIES OF CITY City council's power to create or abolish ................ Consolidation or redesignation of ...................... Creation of administrative departments ................ Directors (heads) of departments Appointment and removal of, supervisory and control functions of .................................... Authority to appoint and remove subordinates ........ Estimates of revenue and expenditures and other supporting data supplied by ..................... Requisitions from for purchases and contracts executed bycity ......................................... Divisions of departments ............................. Heads of departments. See within this title: Directors Housing authority. See that title Inquiries into conduct of Power of city council ............................... Law, department of. See: City Attorney Library, public. See that title Records and accounts of Public access to .................................... Taxation; board of equalization ........................ • Taxation. See that title Zoning commission and zoning board of adjustment. See: Zoning Supp. No. 11 1071 Section 2.11(a)(2) 1.05(b) 7.01(c) 1.05 1.05 2.11(a)(2) 1.05(b)(5) 3.02(a) 3.02(b) 3.02(a) 3.02(c) 3.01(c)(2) 4.01 5.02 3.02(d) 2.09(c) 8.01 5.01(b) LA PORTE CODE DEVISES Section Power of city to dispose of property ................... 1.05 DISTRICT JUDGE • Initiative, referendum and recall ....................... 6.10 Initiative, referendum and recall. See that title E ELECTIONS Applicability of regulations ........................... 2.03(a) Ballots Official ballots, printing of candidates' names on without party designations ....................... 2.04(d) Recount in case of doubt or fraud .................... 2.03 Candidates Filing for office .................................... 2.04(c) Resignation of mayor or councilpersons Candidacy for other office as grounds for ........... 2.04 Canvassing returns and declaring results ............... 2.04(e) Census, federal Effect on election districts for city council ............ 2.01 Charter Amendments to, elections for ........................ 8.06 Charter Submission to electors for approval or disapproval..... 8.09 City council candidates Separate election of, designation on ballot; majority vote; run-off elections; tie votes .................. 2.01(c) Conduct of .......................................... 2.03 Councilpersons-at-large, election of .................... 2.01 Franchise utility system Voter decision on purchase of ....................... 7.01 Franchises. See that title Fraud, prevention of ................................. 2.03 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Majority vote Successful candidates receiving ...................... 2.01(c) Recount of ballots in case of doubt or fraud ............ 2.03 Run-off elections, holding ............................. 2.01(c) Schedule of regular and special elections ............... 2.03(b) Special elections .................... :................ 2.03(b) Tie votes, second election to decide .................... 2.01(c) Voters and voting -Majority vote decides successful candidates :.......... 2.01(c) Tie votes, second election to decide .................. 2.01(c) Supp. No. 11 1072 CHARTER INDEX EMERGENCIES Section Contracts for city purchases, alterations in ............. 5.03 Purchasing. See that title Mayor to command police, maintain order and enforce law during........................................... 2.08 EMINENT DOMAIN Power of city ........................................ 1.05(b) Utility property, right of city to acquire ................ 7.01(c) Franchises. See that title EMPLOYEES OF CITY. See: Officers and Employees F FINANCES Appropriations Contingent appropriations Power of city council re ........................... 2.09(k) Initiative of electors; proposing ordinances Exclusion of ordinances appropriating money ....... 6.01 Initiative, referendum and recall. See that title Lapse of appropriations at end of year ............... 5.08 Assessments Property tax, method of assessment of ............... 5.01 Taxation. See that title Audit Certified public accountant to perform; report; public notice of availability for inspection ............... 5.07 Bond issues. See that title Borrowing Negotiable notes; capital improvements .............. 5.05 Budget of the city ............................... 2.09(a), 4.01 et seq. Budget of the city. See that title Capital improvements Borrowing power and authority of city; bond issues .... 5.05(b) City manager Annual report on finances, etc.; advising city council on financial condition and future needs of city ....... 3.01(c)(4), (5) Classification of revenue and expenditure accounts ...... 4.01(c) Department of Division of taxation Established; head ................................. 5.01 Fees for city services, payment to department ......... 5.04 Disbursement of funds Checks, vouchers or warrants for withdrawal of funds Signatures required ............................... 5.06 Expenditure of funds or contracting indebtedness Ordinance required for .............................. 2.11(b) Supp. No. 11 1073 LA PORTE CODE FINANCES—Cont'd. Section Fees paid to city ..................................... Fiscal year .......................................... 5.04 4.06 • Budget of city in effect for ......................... 4.03(d) Ordinance required to expend funds or contract indebted- ness............................................. 2.11(b) Public utilities, city -owned and operated Annual report of financial results .................... 7.04 Municipally -owned utilities. See: Franchises (Public utilities) Report, annual, on finances and administrative activities ofcity ........................................... 3.01(c)(4) FINES, FORFEITURES AND OTHER PENALTIES Municipal court costs and fines Imposition, payment and use of ...................... 3.04(e) Ordinance required to establish fine or other penalty .... 2.11(b) FIRE LIMITS City council's power to establish and designate and to regulate building construction within ............... 2.09(i) FIRE PREVENTION Fireproof buildings City council's power to provide for erection of......... 2.09(i) FISCAL YEAR Finances. See that title FRANCHISES (Public utilities) City council Power to grant, amend, renew and extend franchises... 7.01(a) Rates and service, power to regulate ................. 7.02(b) Consent of property owners ........................... 7.06 Contracts between city and grantee Prior franchises recognized as ....................... 7.01(c) Elections Voter decision on purchase of existing franchise utility systems........................................ 7.01(c) Eminent domain Right of city to acquire utility property .............. 7.01(c) Extensions of public utilities within the city limits ...... 7.01(b) Municipally -owned utilities, accounts of ................ 7.04 Nontransferability; exception .......................... 7.01(a) Prior franchises recognized as contract between city and grantee.......................................... 7.01(c) Property owners, consent of ........................... 7.06 Rates City council's power to regulate ...................... 7.02(b) Records............................................. 7.03 Supp. No. 11 1074 CHARTERINDEX FRANCHISES—Cont'd. Section Regulatory right of city ............................... 7.02 • Service City council's power to regulate ...................... 7.02(b) Value of franchise disallowed .......................... 7.05 ;el GARBAGE AND TRASH Power of city to prescribe rules and regulations for handling, disposition, charges and compensation..... 1.05(b)(4) GARNISHMENT City property, garnishment of ......................... 8.03 GIFTS Power of city to acquire property ...................... 1.05 H HEALTH AND SANITATION Hospital. See that title HOSPITAL Board City council's power to create and to establish compen- sation......................................... 2.10(b) Finances ............................................ 2.10(b)(2) HOUSING AUTHORITY City council's power to create and regulate and delegate powers.......................................... 2.10(d) I IMPROVEMENTS Capital improvements City's power and authority to borrow money for; issuance of bonds ............................... 5.05(b) Street improvements Exclusive dominion, control and jurisdiction of city.... 1.05(2)(b) INCORPORATION City, incorporation of ................................. 1.01 INITIATIVE, REFERENDUM AND RECALL Amendment of initiative or referendum ordinances ...... 6.06 City council Consideration of referendum or initiative by .......... 6.04 • Failure or refusal to order initiative or referendum elections 6.10 ....................................... Supp. No. 11 1075 LA PORTE CODE INITIATIVE, REFERENDUM AND RECALL—Cont'd. Section City secretary Recall petitions Issuance of petition blanks; return and examination of petitions by secretary ....................... 6.08(b), (c) Referendum and initiative petitions Filing of petitions for referendum or initiative; examination by secretary; certification; amend- ments........................................ 6.03(b) District judge Ordering elections .................................. 6.10 Election City council Failure or refusal to order elections; power of district judge........................................ 6.10 District judge may order ............................ 6.10 Recall election ..................................... 6.09 Referendum or initiative ............................ 6.05 Petitions Procedure for initiative or referendum petitions ....... 6.03 Power of initiative ................................... 6.01 Power of recall ....................................... 6.07 Power of referendum ................................. 6.02 Proposing ordinances; power of initiative ............... 6.01 Recall 6.09 Election........................................... 6.08 Petition for ........................................ Powerof .......................................... 6.07 INSURANCE Officers and employees, insurance for injuries or disability 8.02(g) Officers and employees. See that title J JUDGE District judge ........................................ 6.10 Initiative, referendum and recall. See that title Municipal judge. See: Municipal Court L LA PORTE, CITY OF. See: City LEASES Power of city to acquire and dispose of property ........ 1.05 LIBRARY, PUBLIC Department library deemed to be 2.10 • of city, public ........ . Power of city council to establish and maintain ......... 2.10 Supp. No.11 1076 CHARTER INDEX M • MANAGER. See: City Manager Section MAP OF CITY City council's power to adopt and modify .............. 2.09(f) MAYOR Absence of mayor Mayor pro tem to act as mayor ...................... 2.08 Candidacy for other office; automatic resignation of mayor........................................... 2.04 City council. See also that title Compensation ....................................... 2.05 Disability of Mayor pro tem Acting mayor in case of absence or disability of mayor....................................... 2.08 Duties.............................................. 2.08 Elections Original election of ................................. 8.10(b) Form of government; mayor and council ................ 1.04 Ordinances Signature authenticating ............................ 2.11(a) Removal from office by recall ......................... 6.07 Initiative, referendum and recall. See that title Residence requirements ............................... 2.02(a) Signature to authenticate ordinances ................... 2.11(a) Term of office ....................................... 2.01(d) Vacancies Filling............................................. 2.04 Mayor pro tem to act as mayor ...................... 2.08 MILITARY LAW Mayor recognized as head of city government for purposes of............................................... 2.08 MORTGAGES Power of city to dispose of property ................... 1.05 MUNICIPAL COURT Clerk of court • Appointment of clerk and deputy clerks; powers ...... 3.04(d) Costs and fines imposed by Payment and use of ................................ 3.04(e) Established; powers and duties ........................ 3.04(a) Fines. See within this title: Costs and Fines Judge • Alternate judge .................................... 3.04(c) Appointment of; qualifications; compensation ......... 3.04(b) Supp. No.11 1077 LA PORTE CODE MUNICIPAL COURT—Cont'd. Section Seal of Court clerk's power to affix ......................... 3.04(d) Is N NEPOTISM Officers and employees of city ......................... 8.02(c) Officers and employees. See that title NEWSPAPERS Annual audit, announcement of availability for inspection 5.07 Codification of ordinances Newspaper publication not required .................. 2.11(a)(2) Official newspaper of the city Ordinances, announcements of passage of ............. 2.11 NUISANCES Power of city to define and prohibit ................... 1.05(b)(5) T OATH, AFFIRMATION, SWEAR OR SWORN City council investigations; power to administer oaths ... 2.09(c) Elected and appointed officers of city; oath of office required......................................... 8.02(e) Municipal court clerk's power to administer oaths and affidavits ........................................ 3.04(d) OFFICERS AND EMPLOYEES Appointments City manager's power to make ....................... 3.01(c) Heads of departments Authorization to appoint subordinates .............. 3.01(c)(2) Assignment of wages or funds of employees ............. 8.03 Bond, surety or performance required .................. 8.02(d) City attorney. See that title City secretary. See that title Conflict of interest ................................... 8.02(a) Discharge of ......................................... 8.02(0 Elected officials Employment in nonelective city offices ............... 8.02(b) Financial interest in contracts or firms doing business with the city prohibited ........................... 8.02(a) Injured persons Rules and regulations for maintaining; providing insur- ance........................................... 8.02(g) Inquiries into conduct of City council powers to subpoena witnesses, administer • oaths and compel production of books, papers and other evidence .................................. 2.09(c) Supp. No. 11 1078 CHARTER INDEX OFFICERS AND EMPLOYEES—Cont'd. Section Insurance Injured and disabled employees, insurance for ........ 8.02(g) Municipal judge and municipal court clerk. See: Municipal Court Nepotism ........................................... 8.02(c) Oath of office Sample forms for elected and appointed officials ...... 8.02(e) Pensions and retirement City council's power to establish pension plan; eligibility of employees ................................... 8.02(h) Removal City manager's power ............................... 3.01(c) Heads of departments Authorization for removal of subordinates .......... 3.01(c)(2) Transitional provisions after adoption of charter Tenure of officers during ............................ 8.10 ORDINANCES, RESOLUTIONS, ETC. Additional ordinances ................................ 2.11(b) Bond ordinance Authorizing issuance of bonds; power of city council ... 2.09(b) Referendum on .................................... 5.05(b)(2) Bond issues. See that title City secretary Signature for authentication of ordinances; recording .. 3.03 Codifications ........................................ 2.11(a)(2) Enacting clause ...................................... 2.11(c) Existing law, effect of charter on ...................... 8.05 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Mayor Signature authenticating ordinances .................. 2.11(a) Passage of ordinances ................................ 1.05,2.11(a) Signatures authenticating ............................. 2.11,3.03 P PARKS AND RECREATION Power of city to police parks or grounds ................ 1.05(b)(5) PENSIONS AND RETIREMENT Officers and employees of city ......................... 8.02(h) Officers and employees. See that title PERSONAL INJURY Claims against city for ................................ 1.06 • PETITIONS Charter amendments, petitions for ..................... 8.06 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Supp. No.11 1079 LA PORTE CODE PLANNING COMMISSION Section City council's power to establish and appoint members .. 2.09(d) Disasters causing destruction of areas or districts Replanning, reconstruction or redevelopment of, adop- tion, modification and execution of plans by city council......................................... 2.09(h) Neighborhoods, replanning, improvement and redevelop- ment of; adoption, modification and execution of plans by city council ................................... 2.09(h) Slum districts and blighted areas Plans for clearance and rehabilitation City council's power to adopt, modify and carry out 2.09(g) PLATS AND PLATTING City council's power to adopt plats .................... 2.09(e) PLEAS Power of city to implead and be impleaded ............. 1.05 POLLUTION Water supply of city Power of city to prohibit pollution of streams, drains or tributaries and provide for policing ............... 1.05(b)(5) POPULATION OF CITY City council districts Balancing population of ............................. 2.01(b) Density of population, city council's power to regulate ... 2.10(c) PROCESS. See: Writs, Warrants and Other Process PROFESSIONAL SERVICES Contracts for by city Competitive bidding prohibited ...................... 5.02 PROPERTY City -owned property Assignment, execution and garnishment of .... :....... 8.03 City's power to acquire and dispose of ................. 1.05 Public utility construction, extension, maintenance or operation Consent of abutting and adjacent property owners not required for; rights of action for damage or injury .. 7.06 Taxation. See that title PUBLIC DANGER Mayor to command police, maintain order and enforce law during........................................... 2.08 PUBLIC UTILITIES. See: Utilities • Supp. No. -I I 1080 CHARTER INDEX PURCHASING Section Bids and bidding Contracts or purchases valued at over three thousand dollars Competitive bidding required for .................. 5.02 Contracts Alterations in ...................................... 5.03 Approval.......................................... 5.02 Power of city to acquire property ...................... 1.05 Professional services, contracts for Competitive bidding prohibited ...................... 5.02 Requisitions for purchases made by city ................ 5.02 R REAL ESTATE Taxation. See also that title Liens on taxable property ........................... 5.01(c)(2) RECALL Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title RECORDS, PUBLIC Departments and other agencies of city Public access to records and accounts of .............. 8.01 Departments and other agencies of city. See that title Franchise records .................................... 7.03 Franchises. See that title RECREATION. See: Parks and Recreation REFERENDUMS Bond ordinance, referendum on ....................... 5.05(b)(2) Bond issues. See that title Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title RESOLUTIONS. See: Ordinances, Resolutions, Etc. S SANITATION. See: Health and Sanitation SEAL. See: Corporate Seal SECRETARY. See: City Secretary SEWERS. See: Water and Sewers • SIDEWALKS. See: Streets and Sidewalks Supp. No.11 1080.1 LA PORTE CODE SLAUGHTERHOUSES AND PENS Section Power of city to inspect ............................... . 1.05(b)(5) SLUM DISTRICTS • Plans for clearance of City council's power to adopt, modify and carry out ... 2.09(g) STATE Cooperation with; power of city ....................... 1.05(a) Zoning; state statutes adopted ......................... 2.10(c)(3) STREETS AND SIDEWALKS City's power to establish, widen, alter, close, abolish, supervise, maintain and improve, etc ................ 1.05(b)(2) Improvements Power of city; dominion, control and jurisdiction over streets, etc ...................................... 1.05(b)(2) SUBPOENAS City council investigations Power to subpoena witnesses ........................ 2.09(c) SUITS, ACTIONS AND OTHER PROCEEDINGS Damage suits against the city, special provisions for ..... 1.06 Power of city to sue and be sued ...................... 1.05 Security or bond, city not required to give or execute in suits, etc ......................................... 8.04 T TAXATION Assessments City council's power to approve assessment rolls and adopt same ..................................... 2.09(1) Board of equalization Assessment rolls returned by, approval and adoption of 2.09(j) Membership; compensation; powers and duties; records; public hearing and notice ........................ 5.01(b) Budget of city. See also that title Property tax levy determined in ..................... 4.05 Division of taxation Established; head .................................. 5.01 Initiative of electors; proposing ordinances Tax levy ordinance excluded ........................ 6.01 Liens on taxable property ............................. 5.01(c)(2) Notes authorized in anticipation of tax or revenue collection ........................................ 5.05(a) Payment of taxes When due and payable; tax liens ..................... 5.01(c) • Supp. No.11 1080.2 CHARTERINDEX TAXATION—Cont'd. Property tax • Assessment of, method of ........................... Budget of the city, determination of property tax levy by Notes authorized in anticipation of collection of ....... TEXAS, STATE OF. See: State TRASH. See: Garbage and Trash U UNITED STATES GOVERNMENT Cooperation with; power of city ....................... Section 5.01(a) 4.05 5.05(a) 1.05(a) UTILITIES Eminent domain power of city; acquisition of public utilities .......................................... 1.05(b) Franchises ........................................... 7.01 et seq. Franchises. See that title W WATER AND SEWERS Sewers and sewage disposal City's power to provide system and require connections Water supply and distribution Pollution of water supply Power of city to prohibit pollution of streams, drains or tributaries and provide for policing and protection of watersheds ....................... WRITS, WARRANTS AND OTHER PROCESS Mayor recognized by courts for civil process ............ Z ZONING Board of adjustment Establishment of; duties ............................ City council's power to regulate dimensions and location of buildings and other structures, size of yards and open spaces, density of population and uses ......... Commission Establishment of; duties ............................ State statutes re Adopted........................................... Zoning board of adjustment. See within this title: Board of • Adjustment Zoning commission. See within this title: Commission Supp. No.11 1080.3 1.05(b)(3) 1.05(b)(5) 2.08 2.10(c)(2) 2.10(c) 2.10(c)(2) 2.10(c)(3) 40 CHARTER CITY OF LA PORTE, TEXAS This pamphlet is a reprint of the Charter of the City of La Porte, Texas, published by order of the City Council. im(, AP MUNICIPAL CODE CORPORATION Tallahassee, Fla. 1981 CHARTER* Art. I. Incorporation; City Powers, §§ 1.01-1.06 Art. II. City Council, §§ 2.01-2.11 Art. III. Administration, §§ 3.01-3.05 Art. IV. Budget, §§ 4.01-4.06 Art. V. Finance Administration, §§ 5.01-5.08 Art. VI. Initiative, Referendum and Recall, §§ 6.01-6.10 Art. VII. Franchises and Public Utilities, §§ 7.01-7.06 Art. VIII. General Provisions, §§ 8.01-8.10 ARTICLE I. INCORPORATION; CITY POWERS 1.01. Incorporation. The inhabitants of the City of La Porte within the boundaries as now established or as hereafter established in the manner provided by law shall continue to be a body politic and corporate and be known by the name of the City of La Porte. 1.02. City boundaries. The boundaries and limits of the city shall be the same as have heretofore been established and now exist, which boundaries and limits were originally shown on the map recorded in Volume 8, Page 16, Map Records of Harris County, Texas, and as modified by subsequent annexations and disannexations. 1.03. Modification of city boundaries. The city council shall have power by ordinance to fix the boundary limits of the city and to provide by ordinance for the extension of said boundary limits, by the annexation of *Editor's note —The home rule Charter of La Porte, as adopted at referendum Aug. 23, 1980, is included herein, substantially as enacted. A uniform style of capitalization, punctuation and indention has been employed, in a format similar to that of the Code portion of this volume, but no substantive changes have been made. Obvious typographical errors have been corrected. As amendments are enacted, they will be denoted by adding an historical citation, in parentheses, at the end of the affected section. Supp. No. 11 , § 1.03 LA PORTE CODE § 1.04 additional territory lying adjacent to the city, the disannex- ation of territory within the city and the exchange of territory with other cities and towns, all with or without the consent of the inhabitants in such territory or the owners thereof; provided that the foregoing powers shall be exercised by the council in a manner consistent with, and the council shall comply with, the procedural rules, requirements and limitations prescribed by any law applicable to cities operating under charters adopted or amended pursuant to Article XI, Section 5 of the Constitu- tion of the State of Texas, otherwise known as home rule cities, including Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). The following methods of annexation may be used: (a) Petition. The residents of any land contiguous and adjacent to the city may request the annexation of such land. Such request shall be made by a petition in writing which is signed by a majority of the residents of such land, addressed to city council and filed with the city secretary. Within thirty (30) days of the filing of such petition, city council shall hear the petition and any arguments for. or against it and shall accept or refuse the petition as council sees fit. If the petition is accepted, council shall by proper ordinance annex such land. (b) Otherwise. The city may annex territory by use of any of the means provided in ' Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). 1.04. Form of government. The governing body of the city shall be a council composed of the mayor and eight (8) councilpersons, to be known as the city council of the City of La Porte, hereinafter called city council. The members of city council shall be elected from the city in the manner prescribed elsewhere in this Charter. Sapp. No. 11 2 § 1.05 CHARTER § 1.05 1.05. Powers of the city. a. Generally. The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of the State of Texas together with all the implied powers necessary to carry into execution the powers granted. The city may acquire property within or without its corporate limits for any city purpose in fee -simple title or any lesser interest or estate by purchase, gift, devise, lease or condemnation and may sell, lease, exchange, mortgage, hold, manage and control such property as its interest may require; and, except as prohibited by the Constitution of this state or restricted by the Charter, the city may exercise all municipal powers, functions, rights, privileges and immuni- ties of every name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract; may implead and be impleaded in all courts concerning all matters; may cooperate with the government of the United States and of the State of Texas or any agency or political subdivision thereof to accomplish any lawful purpose; and may pass such ordinances as may be expedient for maintaining the city's peace and welfare and for the performance of its functions. b. Enumerated powers. Without limitation of the foregoing powers, the following are enumerated for greater certainty: 1. Eminent domain. The city shall have the full power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or by the Constitution and laws of the State of Texas. This power shall include the power to acquire any public utility operating with or without a franchise and furnishing a public service. The city may exercise its condemnation power in any manner authorized or permitted by the constitution and laws of this state. The power of eminent domain hereby conferred shall include the right of the city to take fee -simple title in land so condemned and such power and authority shall include the right to condemn property for such purposes. The city shall have and possess the power Supp. No. 11 3 § 1.05 LA PORTE CODE § 1.05 of condemnation for any municipal or public purposes even though not specifically enumerated in this Charter. 2. Streets. (a) Powers. The city shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and all vendors, showcases and encroachments of every nature or character upon any of said streets and sidewalks. (b) Improvements. The city shall have exclusive dominion, control and jurisdiction in, upon and over and under the public streets, avenues, alleys and highways of the city, and may provide for the improvement thereof of paving, repaving, raising, draining or otherwise. The provisions of Revised Civil Statutes of Texas, Article 1105b are express- ly adopted and made a part of this Charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property. 3. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system, to provide for. fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sewerage service, providing rules and regulations for the collection thereof, and to provide for rendering a lien against any property supp. No. 11 4 § 1.05 CHARTER § 1.05 owner's premises who fails or refuses to make sanitary sewer connections after due notice and to charge a • cost against said owner and make it a personal liability. C7 4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash and rubbish within the city and shall fix charges and compensation to be charged by the city for the removal of garbage, trash and rubbish, providing rules and regulations of the collection thereof. 5. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet; have power to police all parks or grounds, speedways, or boulevards owned by said city and lying outside of said city, to prohibit the pollution of any stream, drain or tributaries thereof, which may constitute the source of water supply of any city and to provide for policing the same as well as to provide for the protection of any watersheds and the policing of same, to inspect dairies, slaughter pens, and slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city. c. General powers adopted. The enumeration of the particular powers in this Charter shall not be held or deemed to be exclusive but in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers; the city shall have and may exercise all power of local self-government and all other powers which, under the Constitution and laws of the State of Texas, it would be competent for this Charter specifically to enumerate. The city shall have and may exercise all the powers enumerated in Revised Civil Statutes of Texas, Article 1175. Supp. No. 11 5 § 1.06 LA PORTE CODE § 2.01 1.06. Special provisions for damage suits. Before the city shall be liable to damage claim or suit for • personal injury or death or damage to property, the person who is injured or whose property is damaged or someone in his behalf or his personal representative in cases of death shall give the city secretary notice in writing within thirty (30) days after the occurring of the alleged injury, death or damage stating specifically in such notice when, where and how the injury, death or damage was sustained and setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury, death or damage. No action at law for damage shall be brought against the city for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice hereinabove described has been filed with the city secretary. After the expiration of sixty (60) days aforementioned, the complainant may then have two (2) years in which to bring an action of law. ARTICLE II. CITY COUNCIL 2.01. Composition of city council. a. Members of council. City council shall be composed of a mayor and eight (8) councilpersons. The positions of councilpersons shall be designated as follows: Councilperson—District 1 Councilperson—District 2 Councilperson—District 3 Councilperson—District 4 Councilperson—District 5 Councilperson—District 6 Councilperson-at-large—Position A Councilperson-at-large=Position B. The mayor and the two (2) councilpersons-at-large shall be elected by a majority vote of the .city at large. The city • shall be divided, as described below in subsection b, into six Supp. No. 11 6 § 2.01 CHARTER § 2.01 (6) districts, Districts 1, 2, 3, 4, 5 and 6, and one councilperson shall be elected from each district by majority vote of the resident voters of such district. b. Formation'of districts. City council shall divide the city into six (6) districts which are reasonably compact, contiguous and of as nearly equal population as practicable. It shall be the duty of city council to establish the boundaries of six (6) districts covering the entire city for the purpose of electing district councilpersons. Such boundaries shall be established by ordinance, which shall be final for purposes of this Charter. The first such establishment shall be made as soon as practicable prior to the first city election following adoption of this section. Any subsequent estab- lishment shall be made when required by this Charter. Promptly following the addition of territory to the city by a boundary change, the city council shall, by ordinance, add such territory to an adjacent district or districts. Immediately following publication of the 1980 federal census, and at least every five (5) years thereafter, city council shall conduct an investigation and determine the population of the city and the population of each of the districts from which district councilpersons are to be elected. Each such determination shall be based upon the best available data, including, but not limited to, the most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final determination for purposes of this Charter. After any such determination, if the distribution of population among the various districts is determined by city council to be materially unbalanced, the city council shall establish new boundaries for the election of district councilpersons. c. Election. All candidates for city council shall be voted on and elected separately for positions and districts on said city council, and each candidate shall be designated on the • official ballot according to the title of such position or district to which he seeks election. Supp. No. 11 7 § 2.01 LA POSTE CODE § 2.03 Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate shall be • elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast for all the candidates for such office, the city council shall call a run-off election to be held not less than twenty-one (21) days nor more than thirty (30) days after the regular election, at which run-off election the two (2) candidates receiving the highest number of votes shall be voted for again. In the event of a tie in the vote for the two (2) leading candidates, at the regular election, the city council shall hold a second election not less than twenty-one (21) days nor more than thirty (30) days after the regular election, at which said second election the candidates receiving such tie votes shall be voted for again. d. Term of office. The mayor and councilpersons shall each hold their respective offices for a term of three (3) years and until their successors shall have been elected and duly qualified. 2.02. Qualifications. a. Enumerated. The mayor and councilpersons shall be resident electors of the city at the time of filing for office, and continuously during their terms of office. A district councilperson shall also be a resident of his district at the time of filing for office and continuously during his term of office. b. Council to be judge of members' qualifications. City council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of council in any such case shall be subject to review by the courts. 2.03. Conduct of elections. a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event there should be any • failure of the general laws or this Charter to provide for Supp. No. 11 8 § 2.03 CHARTER § 2.04 some feature of the city elections, city council shall have the power to provide for such deficiency, making all regulations • it considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this Charter, with any regulations made by council or the laws of the State of Texas. No informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the Charter and ordinances of the city. b. Schedule. 1. Regular election. The regular election for choice of members of council shall be held annually on the first Saturday of April. 2. Special election. Council may be ordinance or resolution order a special election, fix the time for holding same and provide necessary means. 2.04. Vacancies in city council. a. Candidacy elsewhere. If the mayor or any council person shall announce his candidacy, or shall in fact become a candidate, in any general, special or primary election for any office of profit or trust under this Charter or the laws of Texas or the United States, other than the office he has held, at any time when the unexpired term of the office then held shall exceed one year, such announcement or such candidacy shall constitute an automatic resignation of the office then held. b. Procedure. When a vacancy occurs for any reason in the office of mayor or councilperson, council shall call a • special election within one hundred twenty (120) days. At said election the vacant office or offices shall be filled under the provisions of this Charter. Supp. No. 11 9 § 2.04 LA PORTE CODE § 2.04 c. Filing for office. Each candidate for public office must: 1. Be a qualified voter in the city. • 2. File sworn application with the city secretary at least thirty (30) days prior to the election date. 3. Post the required filing fee: . For mayor: Not to exceed the sum of one hundred dollars ($100.00). For councilperson: Not to exceed the sum of fifty dollars ($50.00). The filing fees shall be used to defray the cost of the election and said fee shall be prorated and any surplus shall be refunded to said candidates. In lieu of posting such fee, a candidate may submit a petition requesting that his name be placed on the ballot. Said petition shall bear a number of signatures of qualified electors who are residents of the city, which number shall not be less than five (5) per cent of the total vote cast at the most recent regular election in which a councilperson was elected or fifty (50), whichever is the lesser number. Each signer shall indicate his address and the number and county of his voter registration certificate. 4. File for only one city office. d. Official ballots. The full names of all candidates for mayor or council as hereinbefore provided, except such as. may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations. If two (2) candidates with the same surnames, or with names so similar as to be likely to cause confusion, file for office, their occupations or the addresses of their places of residence shall be placed with their names on the ballots. The order of the names on the ballot shall be determined by lot. e. Canvassing elections. Returns of the elections, general • and special, shall be made by the election officers to council Supp. No. 11 10 § 2.04 CHARTER § 2.08 promptly following said election, at which time council shall canvass and declare the results of such election. 2.05. Compensation. Each councilperson and the mayor shall receive for his services a salary in an amount determined by the council, not to exceed the sum of twenty-four hundred dollars ($2,400.00) per year for the mayor, and twelve hundred dollars ($1,200.00) per year for each councilperson. 2.06. Original meeting of new council. On the first Monday next following the regular municipal election held on the first Saturday of April, or as soon thereafter as practicable, city council shall meet at the usual place for holding meetings, and the newly elected members shall qualify and assume the duties of office. At such meeting council shall select one of its members to serve as mayor pro tem, who shall serve for a one year term and until his successor is appointed and has qualified. 2.07. Meetings. a. Frequency. City council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of council shall be open to the public; special meetings shall be called by the city secretary upon request of the mayor or three (3) councilpersons. b. Rules. City council shall determine its own rules and order of business. c. Journal. City council shall keep a journal of its proceedings. Such journal shall be open to public inspection. 2.08. Duties of mayor. The mayor shall preside at meetings of council and shall be entitled to vote upon all matters it considers. The mayor • shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by Supp. No. 11 11 § 2.08 LA PORTE CODE § 2.09 this Charter and the ordinances of the city. He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for civil process, and by Is the government for purposes of military law. In times of public danger or emergency, the mayor shall take command of the police, maintain order and enforce the law. If a vacancy occurs in the office of mayor or in the case of his absence or disability, the mayor pro tem shall act as mayor until a successor is elected and has qualified or until the mayor is again able to assume his duties of office. 2.09. Powers of council. All powers of the city and the determination of all matters of policy shall be vested in city council. Council shall execute the laws and administer the government of the city. Without limitation of the foregoing and among the other powers that may be exercised by council, the following are hereby enumerated for greater certainty: a. Adopt budget of the city. b. Authorize the issuance of bonds by a bond ordinance. c. Inquire into the conduct of any office, department, agency or officer of the city and make investigations as to municipal affairs, and 'for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misde- meanor and shall be punishable by fine. Council shall enact an ordinance to enforce this provision. d. Establish and appoint the members of the planning commission. e. Adopt plats. f. Adopt and modify the official map of the city. g. Adopt, modify and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. Supp. No. 11 12 § 2.09 CHARTER § 2.10 h. Adopt, modify and carry out plans proposed by the planning commission for the replanning, improve- ment and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. i. Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings calculated to increase the fire hazard and the manner of their removal or destruc- tion. j. Approve assessment rolls as returned to it by the board of equalization and adopt same as the assessment rolls to be used for the collection of taxes for the current year. k. Control and distribute all contingent appropriations. Expenditures from a contingent appropriation shall require prior approval of council. A contingent appropriation shall be disbursed only by transfer to a departmental appropriation, the spending of which shall be charged to the department or activity for o which the appropriation is made. 2.10. Additional discretionary powers. In addition to the above powers and without limitation of such, city council shall have the power to, and may at its discretion, do any or all of the following: a. Public library. Council shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm, associa- tion or corporation under such terms as council may prescribe for the establishment of such free public library. For budget purposes, the library shall be considered as a department of the city and the Supp. No. 11 13 § 2.10 LA PORTE CODE § 2.10 appropriations therefor shall -comply with all 'the budgetary requirements as outlined in this Charter and as may be prescribed from time to time by e council. b. Hospital. 1. Operation. The city shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise, all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospi- tal. Upon establishment of such hospital, council shall create a hospital board with membership and compensation deemed appropriate by council, which shall operate the hospital subject only to such direction and supervision as shall be contained in any ordinance or ordinances enacted by council. 2. Finances. All funds belonging to said hospital, whether classed as funds received in course of operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall submit a quarterly operating statement to council, and an annual audit to coincide with the fiscal year of the city. c. Zoning. 1. Power. For the purposes of promoting the health, safety, morals or general welfare of the city, council may by ordinance regulate the - location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, • business, residence and other purposes. $upp. No. 11 14 § 2.10 CHARTER § 2.10 2. Procedure. Should council enact regulations under subsection 1. above, it shall establish a zoning • commission and may establish a zoning board of adjustment. (a) Zoning commission. (1) The zoning commission shall recommend to council the location of zoning districts and restrictions therein, and shall hold public meetings on such recommenda- tions. (2) Commission members shall receive such compensation as council may deem appro- priate. (3) Council may combine the duties of said commission with the duties of the plan- ning commission, as provided in section 2.09 a through j, to form a planning and zoning commission. (b) Zoning board of adjustment. (1) The zoning board of adjustment may, in appropriate cases and subject to appropri- ate conditions and safeguards, make special exceptions to the terms of a zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. (2) Board members shall receive such com- pensation as council may deem appropri- ate. .3. Generally. All of the powers granted by Revised Civil Statutes of Texas, Articles 1011a. to 1011j., inclusive, relating to zoning in cities, are hereby adopted and made a part of this Charter. d. Housing authority.. Council may create a housing authority of such number, terms and compensation of SupR No. 11 15 § 2.10 LA PORTE CODE § 2.11 members as council may determine and may delegate to the housing authority such powers relating to the planning, construction, reconstruction, alteration, • repair, maintenance or operation of housing projects and housing accommodations as council may deter- mine. 2.11. Ordinances. a. Passage. 1. -Procedure. Every ordinance shall be introduced in written or printed form, and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten (10) days from the date of its passage. The city secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in the city at least once within ten (10) days of its passage according to the provisions of Revised Civil Statutes, Article 1013. He shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the Charter, and the date of such publication and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and modification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in Article VII of this Charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of city council. Every ordinance shall be authenticated by the signature of the mayor and city secretary and shall be systemati- cally recorded in an ordinance book in a manner approved by council. It shall only be necessary to Supp. No. 11 16 § 2.11 CHARTER § 3.01 record the caption or title of ordinances in the minutes of journal of council meetings. • 2. Codifications. Council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as council deems advisable. Such printed code, when adopted by council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper and shall be admitted in evidence in all courts and places without further proof. b. Additional ordinances. In addition to such acts of council as are required by statute or by this Charter to be by ordinance, every act of council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. c. Enacting clause. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE." ARftTICLE III. ADMINISTRATION 3.01. City manager. a. Appointment and qualifications. City council shall appoint a city manager, who shall be chosen solely on the basis of his executive and administrative training, experi- ence and ability. No member of city council shall, during the term for which he is elected and for one year thereafter, be appointed city manager. b. Term and salary. The city manager may be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. The action of city council in suspending or removing the city manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility of such action in city • council. Supp. No. 11 17 § 3.01 LA PORTE CODE § 3.01 Council shall set a salary for the city manager as it deems appropriate. c. Duties. Except as provided elsewhere in this Charter, • the city manager shall be the chief executive officer and head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end he shall have power and be required to: 1. Devote all his working time and attention to the affairs of the city. 2. Appoint and, when necessary for the good of the city, remove all city officers and employees except those for which this Charter provides otherwise. He may authorize the head of a department to appoint and remove subordinates in such department. 3. Prepare the budget annually, submit it to council and be responsible for its administration after adoption. 4. Prepare and submit to council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year. 5. Keep council advised of the financial condition and future needs of the city and make such recommenda- tions as may seem to him desirable. 6. Perform such other duties as may be prescribed by this Charter or required of him by the council, not inconsistent with this Charter. •d. Provisions for absence. Within thirty (30) days after taking office, the city manager shall designate by letter filed with the city secretary a qualified administrative officer of the city to perform his duties during his temporary absence or disability. Upon receipt of said letter, the city secretary shall advise council of its contents. Said letter shall be in force and effect for the duration of the city manager's employ or until he files another such letter. . . • supp. No. 11 • 18 § 3.02 CHARTER § 3.04 3.02. Administrative departments. a. Creation. There are hereby created the following administrative departments: Finance, police, fire, law, public works, health, parks and recreation, and water and sewer. Council may by ordinance create or abolish offices, departments or agencies other than the offices, departments or agencies established by this Charter. b. Consolidaton. Council may consolidate or redesignate any of the offices, departments and agencies. c. Directors. The city manager shall appoint a director to supervise and control each department. When necessary for the good of the city, the city manager may remove any such director. Such director shall be an officer of the city and shall have supervision and control of his department, subject to the supervision of the city manager. Two (2) or more departments may be headed by the same individual, and directors of departments may also serve as chiefs of divisions. The city manager may head one or more departments. d. Divisions. The work of each administrative department may be distributed among such divisions thereof as may be established by ordinance or this Charter. 3.03. City secretary. With the advice and consent of city council, the city manager shall appoint a competent person to be secretary of the city. The city secretary shall: a. Give notice of council meetings. b. Authenticate by his signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions. c. Perform such other duties as may be assigned to him by council or elsewhere in this Charter. 3.04. Municipal court. a. Establishment. There shall be established and maintained a municipal court with all powers and duties as Supp. No. 11 19 § 3.04 LA PORTE CODE § 3.05 6 are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. b. Municipal judge. City council shall appoint a compe- • tent attorney, duly licensed by the State of Texas, to be judge of the municipal court. He shall serve at the pleasure of council and shall receive compensation as may be fixed by council. c. Alternate municipal judge. Council shall have the power to create and appoint additional judges as provided by law. d. Court clerk. Subject to the approval of the municipal judge, the city manager shall appoint a municipal court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto and generally do and perform any and all acts usual and necessary by clerks of court in conducting the business thereof. e. Costs and fines. All costs and fines imposed by the municipal court, or any court in cases appealed from its judgments, shall be paid into the city treasury for the use and benefit of the city. 3.05. City attorney. City council shall appoint a competent attorney, duly licensed by the State of Texas, to be city attorney and head of the department of law. He shall be appointed and removed at the will and pleasure of council by a majority vote of the entire council, and shall receive compensation as may be fixed by council. The city attorney, or other attorneys selected by him with the approval of Council, shall represent the city in all litigation. He shall be the legal advisor of, and attorney and counsel for, the city and all offices and departments thereof. w 8upp. No. 11 20 § 4.01 CHARTER § 4.01 ARTICLE IV. BUDGET is 4.01. Preparation and submission of budget. At least forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to council a proposed budget with required attachments. For such purpose, at such date as he shall determine, he shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department or agency, detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the city manager shall review the estimates, may hold hearings thereon and may revise the estimates, as he may deem advisable. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain the following: 1. A consolidated statement of receipts and expendi- tures forall funds. 2. An analysis of property valuations. 3. An analysis of tax rate. 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. 5. A detailed listing of the resources of each fund. 6. A summary of proposed expenditures within such funds by department, function and classification. 7. A revenue and expense statement for all outstand- ing bonded debt. 8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, maturity dates and amount outstanding. • 9. The appropriation ordinance. 10. The tax -levying ordinance. Supp. No. 11 21 § 4.01 LA PORTE CODE § 4.01 b. Attachments to budget. 1. Budget message. The city manager shall prepare a • budget message which shall be submitted with the budget. It shall contain an outline of the proposed financial policies of the city for the fiscal year and describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous years in expenditures and revenue items and shall explain any major changes in financial policy. 2. Supporting schedules. Attached to the budget shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital outlays, as the city manager shall believe useful to council. 3. Comparison tables. The city manager may prepare tables in which various items may be compared with those of previous years and shall attach such to the budget. (a) Anticipated revenues. In parallel columns opposite the several items of revenue, there shall be placed the actual amount of such item for the first six (6) months of the current year, the budgeted amount for the current fiscal year, and the proposed amount for the ensuing fiscal year. (b) Proposed expenditures. The proposed expendi- tures for the administration, operation, main- tenance and capital outlay of each office, department or agency of the city shall be itemized by character and object. In parallel columns opposite the various items of expend- itures, there shall be placed the actual amount of such items of expenditures for the last completed fiscal year, the estimated amount for the current fiscal year and the • proposed amount for the ensuing fiscal year. $upp. No. 11 22 § 4.01 CHARTER § 4.03 c. Balanced budget. The total estimated expenditures of the general fund and debt service fund shall not • exceed the total estimated resources of each fund (prospective income plus cash on hand). The classifi- cation of revenue and expenditure 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 nationally accepted classification. 4.02. Availability of proposed budget. The proposed budget and all attachments shall be a public record in the office of the city secretary, open to public inspection. The city manager shall cause sufficient copies of such to be prepared for distribution to interested persons. 4.03. Budget adoption. a. Publication of notice of public hearing. At the meeting of city council at which the budget and attachments are submitted, council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which council will hold a public hearing. b. Public hearing. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, city council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. c. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all members of the whole council. d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal year. Should council take no final action on or prior to such day, the budget as submitted • by the city manager shall be deemed to have been finally adopted by council. Supp. No. 11 23 § 4.03 LA PORTE CODE § 5.01 Upon final adoption, the budget shall be in effect for the fiscal year. 4.04. Public record. a. Filed. A copy of the budget -as finally adopted shall be filed with the city secretary. b. Availability. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments and agencies, and for the use of interested persons and civic organizations. 4.05. Effect of approved budget. From the effective date of the budget: a. The several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. b. The amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. 4.06. Fiscal year defined. The fiscal year of city government shall begin on the first day of October and end on the last day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year. ARTICLE V. FINANCE ADMINISTRATION 5.01. Division of taxation. There shall be established in the department of finance a division of taxation, the head of which shall be the city tax assessor -collector. a. Property subject to tax; method of assessment. All • real and personal property within the city not Supp. No. 11 . 24 § 5.01 CHARTER § 5.01 expressly exempted by law shall be subject to annual • taxation at its true market value. Each person, partnership and corporation owning property within the limits of the city shall between the first day of January and the thirty-first day of March of each year, hand to the tax assessor -collector a full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the first day of January of the current year. In all cases of failure to obtain a statement of real and personal property from any cause, the tax assessor -collector shall ascertain the amount and value of such property and assess the same as he believes to be true and full value thereof; and such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. b. Board of equalization. 1. Membership. City council shall each year, prior to the first day of March, appoint three (3) residents who are qualified voters as the board of equaliza- tion. Such board shall choose from its membership a chairperson. A majority of said board shall constitute a quorum for the transaction of business. The tax assessor -collector shall be ex officio secretary of the board. 2. Compensation. Members of the board while serving shall receive such compensation as council may deem appropriate. 3. Powers and duties. In order that all property within the city shall be assessed as uniformly as possible, the board of equalization shall have the power and duty to: (a) Adopt regulations regarding the procedure of • assessment review. Supp. No. 11 25 § 5.01 LA PORTE CODE § 5.0.1 (b) Review, on complaint of property owners, assessments for the purpose of taxation of both real and personal property within the • city made by the assessor -collector. (c) Examine and, if necessary, revise the assess- ments returned by the tax assessor -collector and as previously set by the board. (d) Administer oaths, take testimony, hold hear- ings and compel the production of all books, documents and other papers pertinent to the investigations 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) ' Certify its approval of the assessment rolls and have them returned to the tax assessor - collector, immediately upon completion of the board's work. 4. Records. The board shall be required to keep an accurate record of all its proceedings, which record shall be available for public inspection. 5. Public hearing and notice to owner. At the same meeting that city council appoints the board of equalization, it shall by ordinance fix the time of the first meeting of the board which shall be on the tenth day of May, or as soon thereafter as practicable. After such first meeting, the board may reconvene and adjourn from time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any person in relation to the assessment roll. Whenev- er said board shall find it their duty to raise the value of any property appearing on the lists or books of the 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) nor more than fifteen (15) days from the date of adjournment and shall Supp. No. 11 26 § 5.01 CHARTER § 5.01 cause the secretary of said board to give written notice to the owner of such property or to the • person rendering same of the time to which said board has adjourned, and that such owner or person rendering said property may at that time appear, and show cause why the value of said property should not be raised. Such notice may be served by depositing the same, properly ad- dressed, and postage paid, in the city post office. c. Payment of taxes. When due and payable. All taxes due the city shall be payable at the office of the assessor -col- lector 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 following the year for which the tax was levied, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as city council may provide by ordinance. 2. Tax liens. The tax levied by the city is hereby declared to be a lien, charge or encumbrance upon the property upon which tax is due, which lien, charge or encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city, for the amount of taxes due on such property, is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against nonresidents. All taxes upon real estate shall especially be a lien and a charge upon the • property upon which the taxes are due, which lien may be foreclosed in any court having jurisdic- tion. Supp. No. 11 27 § 5.02 LA PORTE CODE § 5.03 5.02. Purchase procedure. All purchases made and contracts executed by the city • shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be changed, and no contract or order shall be binding upon the city unless and until the city manager or his designee approves the same and certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Before the city makes any purchase or contract, opportunity shall be given for competition. Council may by ordinance confer upon the city manager general -authority to contract for expenditures without further approval of council for budgeted items not exceeding three thousand dollars ($3,000.00). All contracts for expenditures involving more than three thousand dollars ($3,000.00) must be expressly approved in advance by council. All contracts or purchases involving more than three thousand dollars ($3,000.00) shall be let to the lowest bidder, considering quality, after there has been opportunity for competitive bidding as provided for by law or ordinance; provided that council or the city manager, in such cases as he is authorized to contract for the city, shall have the right to reject any and all bids. Contracts for professional services for which bidding,is prohibited by law shall not be let on competitive bids. 5.03. Alterations in contracts. Except - in case of emergency, alterations in any contract not to exceed twenty-five (25) per cent of the total contract may be made when authorized by council upon written recommendation of the city manager; provided that such alteration is acceptable to the other party to the contract. When such recommended change is for an amount not more than five thousand dollars ($5,000.00), council may authorize the city manager to approve such alterations. • Supp. No. 11 28 § 5.04 CHARTER § 5.05 5.04. Fees shall be paid to city. • All fees for city services received by any officer or employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of the finance department. 5.05. Borrowing. a. Negotiable notes. In any fiscal year, city council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the city which shall mature and be payable not later than the end of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than par and accrued interest at private sale by the director of the finance department without previous advertisement, but such sale shall be authorized by council. Such notes shall be in anticipation of either of the following: 1. Property taxes. Notes authorized in anticipation of the collection of property taxes in a fiscal year shall be designated ".tax anticipation note for the year " (stating the fiscal year). 2. Other revenues. Notes authorized in anticipation of the collection or receipt of other revenues shall be designated "special revenue note for the year " (stating the fiscal year). b. Capital improvements. 1. Power and authority to incur indebtedness. The city shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the city for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this state • applicable to home rule cities, except as such power Supp. No. 11 29 § 5.05 LA POSTE CODE § 5.07 and authority is expressly limited. or denied by this Charter, or any amendments hereto. 2. Referendum on bond ordinance. Each bond ordinance • passed . pursuant to a purpose which has been authorized by majority vote of the voters of the city at an election shall not be subject to referendum. Each bond ordinance relating to bonds not authorized by the qualified voters of the city shall be subject to permissive referendum on petition pursuant to the provision of Article VI of this Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or. other public service enterprise. 3. Public sale of all bonds. No bonds issued under this Charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at least once in the official newspaper of the city, both of such publications to be made not less than ten (10) days prior to the date set for such sale. 5.06. Disbursement of funds. All checks, vouchers or warrants for the withdrawal of funds from the city depository shall be executed in accord with the provisions of this Charter and shall be signed by the city manager or his deputy and counter -signed by a member of city council. 5.07. Independent audit. Prior to the end of each fiscal year, council shall designate a practicing certified public accountant, who is licensed by the State of Texas, to make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit a report to council. • Notice shall be given by publication in the official Supp. No. 11 . 30 § 5.07 CHARTER § 6.03 newspaper in the city that the annual audit is on file at the city hall for inspection. Such accountant shall have no • personal interest, direct or indirect, in the fiscal affairs of the city government. He shall not maintain any accounts or records of the city business, but, within specifications approved by council, shall post -audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. 5.08. Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. ARTICLE VI. INITIATIVE, REFERENDUM AND RECALL 6.01. Power of initiative. The electors shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power known as the initiative. 6.02. Power of referendum. The electors shall have power to approve or reject at the polls any ordinance passed by council, or submitted *by council to a vote of the electors, except as provided in section 5.05, such power being known as the referendum. Ordi- . nances submitted to council by initiative petition and passed by council without change shall be subject to the referendum in the same manner as the other ordinances. 6.03. Procedure for initiative or referendum petition. a. Form of petition. • 1. Text. Initiative petition papers shall contain the full text of the proposed ordinance. Supp. No. 11 31 § 6.03 LA PORTE CODE § 6.03 2. Signatures. (a) The signatures to initiative or referendum peti- • tions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. (b) The petition shall be signed by qualified electors of the city equal in number to at least fifty (50) per cent of the number of votes cast in the last regular municipal election. 3. Circulators. There shall appear on each petition the names and addresses of five (5) electors, who, as circulators, shall be regarded as responsible for the circulation and filing of the petition. 4. Affidavit. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine signatures of the persons whose names they purport to be. b. Submission of petition. 1. Filing. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city secretary as one instrument. 2. Examination. Within twenty (20) days after a petition is filed, the city secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The city secretary shall declare any petition paper entirely • invalid which does not have attached thereto an Supp. No. 11 32 § 6.03 CHARTER § 6.03 affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures present shall be accepted unless void on other grounds. 3. Certification. (a) Procedure. After completing his examination of the petition, the city secretary shall certify the result thereof to city council at its next regular meeting. If he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the circulators of his findings. (b) Effect. When a referendum petition or amended petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. c. Amendment of petition. An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the city secretary, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city secretary shall, within five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the circulators of his findings and no further action shall be had on such insufficient petition. d. Refiling not prejudiced. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition • for the same purpose. Supp. No. 11 33 § 6.04 LA PORTE CODE § 6.05 6.04. Consideration of referendum or initiative by council. Whenever city council receives a certified initiative or referendum petition from the city secretary, it shall proceed at once to consider such petition and shall take final action on it within sixty (60) days after the date on which it was submitted to council. a. Initiative. A proposed initiative ordinance shall be read and provision made for a public hearing on such before the time set. for final action. b. Referendum. A referred ordinance shall be. considered by council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance in the referendum petition be repealed?" 6.05. Election on referendum or initiative. a. Submission to electors. If council shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth in the petition therefor, or if council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors on the next election day as established by the laws of the State of Texas. Council may, in its discretion, and if no regular election is to be held on such day shall, provide for a special election. b. Form of ballot. Ordinances submitted to vote of electors in accordance with this article shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. Below the ballot title shall appear the following propositions, one preceding the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same • election and may be submitted on the same ballot, but any Supp. No. 11 34 § 6.05 CHARTER § 6.08 paper ballot used for voting thereon shall be for that purpose only. • c. Results. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 6.06. Amendment of initiative or referendum ordi- nances. Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by council, as in the case of other ordinances. 6.07. Power of recall. The mayor or any councilperson may be removed from office by recall. No recall petition shall be filed against the mayor or a councilperson within six (6) months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6) months after such election. 6.08. Procedure for recall petition. a. Affidavit. Any elector of the city may make and file with the city secretary an affidavit containing the name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. b. Petition blanks. Upon receipt of said affidavit, the city secretary shall deliver to said elector copies of petition blanks demanding such removal. The city secretary shall keep a sufficient number of printed petition blanks on hand • for distribution. Such blanks when issued shall: 1. Be signed by the city secretary. Supp. No. 11 35 § 6.08 LA PORTE CODE $ 6•09 2. Be addressed to city council. 3. Be numbered and dated. 4. Indicate the name of the person to whom issued. 5. Indicate the name of the officer whose removal is sought. 6. Indicate the number of such blanks issued. The city secretary shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number issued to said person. c. Return of petition. To be effective, the recall petition must: 1. Be signed by qualified electors of the city equal in number to at least fifty (50) per cent of those who were qualified voters and voted on the date of the last regular municipal election, and at least one-half of the qualified voters constituting such fifty (50) per cent signing the petition shall make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is sought, in the election at which he was last elected. 2. Be returned and filed with the city secretary within thirty (30) days after the filing of the affidavit required in section 6.08a. 6.09. Recall election. a. Submission. The city secretary shall at once examine the recall petition and, if he finds it sufficient and in compliance with the provisions of this article, he shall within five (5) days submit it to city council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within'five (5) days after such notice, council shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next election day as established by the laws of the State of is Texas. Supp. No. 11 36 § 6.09 CHARTER § 7.01 b. Ballots. Ballots used at recall elections shall conform to the following requirements: • 1. With respect to each person whose removal is sought the question shall be submitted "Shall (name of person) be removed from the office of (name of office) by recall?" 2. Immediately below each such question there shall be printed the two (2) following propositions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)." c. Results. If a majority of the votes cast at a recall election shall be against the recall of the officer named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot, he shall, regardless of -any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as in other vacancies. 6.10. District judge may order election. Should city council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the Charter, then it shall be the duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the Charter. ARTICLE VII. FRANCHISES AND PUBLIC UTILITIES 7.01. Enfranchisement. • a. Power of council. City council shall have power by ordinance to grant, amend, renew and extend all franchises 3upp. No. 11 37 § 7.01 LA PORTE CODE § 7.01 of all public utilities of every character operating within the city. All - ordinances granting; amending, renewing or • extending franchises for public utilities shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the notice and caption of such ordinance, noting the place where the full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the official newspaper of the city, and the expense of such publication [is] to be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of council expressed by ordinance. b. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in section 7.02a. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. c. Other conditions. All franchises heretofore granted are recognized as contracts between the city and the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of this Charter, except that the power of the city to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be • held subject to all the terms and conditions containd in the $upp. No. 11 38 § 7.01 CHARTER § 7.02 various sections of this article whether or not such terms are specifically mentioned in the franchise. • When the city chooses to exercise its power of eminent domain to acquire any public utility, the procedure to be used in such acquisition shall be as set forth in Revised Civil Statutes of Texas, Articles 3264 through 3271, inclusive. In valuing the property, the measure of damages shall be the fair market value of the physical properties taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the city in a franchise ordinance. Prior to the purchase of any existing franchised utility system, either according to the terms of the franchise or by eminent domain, city council shall submit the question of purchase to the voters of the city, and such must be approved by a majority of those voting. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of council or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. 7.02. Regulation. a. Right of regulation. All grants, renewals, extensions or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city: 1. To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. 2. To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Supp. No. 11 39 § 7.02 LA PORTE CODE § 7.04 3. To establish reasonable standards of service and quality of products and prevent unjust discrimination in service of rates. 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the form of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system of accounts for said utility prescribed by the appropriate state and federal utility regulatory agencies. 5. To examine and audit the accounts and other records of any such utility at any time and to require annual and other reports, including reports on local oper- ations by each such public utility. 6. To impose such reasonable regulations and restric- tions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public. 7. To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. b. Regulation of rates and service. Council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating within the city. Such power shall be subject to the exercise of power in each area of each utility by the appropriate agencies of state and federal government. .7.03. Franchise records. Within six (6) months after this Charter takes effect, every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the city. The city shall compile and maintain a public record of public utility franchises. 7.04. Accounts of municipality -owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true Supp. No. 11 40 C� J § 7.04 CHARTER § 7.06 and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into is different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves and surplus, also revenues, operating expenses, including depreciation, inter- est payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. City council shall annually cause to be made by a licensed certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information specified in this section or such data as council shall deem expedient, in accordance with section 5.08. 7.05. Franchise value disallowed. The value of the franchise granted by the city shall not be included in fixing reasonable rates and charges for utility service within the city or in determining the just compensa- tion to be paid by the city for public utility property which may be acquired by eminent domain or otherwise. 7.06. Consent of property owners. The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this Charter or in any franchise granted thereunder shall be construed to deprive any such property owner of any rights of action for damage or injury to his property as now or hereafter provided by law. Supp. No. 11 41 § 8.01 LA PORTE CODE § 8.02 ARTICLE VIII. GENERAL PROVISIONS 8.01. Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any person, any representative of a citizen's organization or any representative of the press during normal business hours, as provided in the Texas Open Records Act, Revised Civil Statutes Article 6252-17a. 8.02. Employers and officers. a. Personal financial interest. No member of city council or any officer or employee of the city shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in' any contract or in the sale to the city, or to a contractor supplying the city, of any lands or rights of interests in any land, material, supplies or service. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the city shall render the contract voidable by council. b. Employment interest. No one who has been elected to city office shall be employed in a nonelective office by the city within the term for which he was elected or for one year thereafter. c. Nepotism. No person related, within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager shall be employed or appointed to any office, position or clerkship of the city. This prohibition shall not apply, however, to any person who shall have been employed for two (2) years or more by the city at the time of the election or appointment of the officer to whom he is related. • d. Bonds. Council shall require bonds of all municipal officers and employees who receive or pay out any monies of S the city. The amount of such bonds shall be determined by Supp. No. 11 42 § 8.02 CHARTER § 8.02 council and the cost thereof borne by the city. Council shall set the bond amount for the city manager and the director • of finance at an amount not less than ten thousand dollars ($10,000.00). e. Oath of office. 1. Elected officers. Every elected officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city secretary: "I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected. So help me God." 2. Appointed officers. Every appointed officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirma- tion, to be filed and kept in the office of the city secretary: "I, , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable Supp. No. 11 43 § 8.02 LA FORTE CODE § 8.03 thing, or promised any public office of employment, as a reward to secure my appointment 'or the confirmation thereof. So help me God." • f. Discharge. Council shall be authorized to discharge at any time, with or without a hearing, as council may elect, any officer, employee or clerk which it appoints. The city manager shall be authorized to discharge at any time, with or without a hearing, as the city manager may elect, any officer, employee or clerk which he appoints. g. Injuries; insurance. City council shall have authority to provide the rules and regulations for maintaining employees when injured and disabled while performing their duties, and it may provide for such plan of insurance as it deems proper. h. Pensions. City council may establish a pension plan for any employee who has been employed by the city for twenty (20) years and who shall have reached the age of fifty-five (55), or may adopt in lieu thereof any pension system available to cities under state law. The amount of said pension shall be graded and proportioned to the average salary received by the employee during the whole period of his employment. All those falling under the head of employees in this Charter and who are employed by the city when the same takes effect shall be entitled to a credit for the years of service heretofore served; provided, however, that any payment under this provision shall never constitute a waiver or stop the city from asserting any defenses it might have under section 1.06. 8.03. Assignment, execution and garnishment of city property. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment or sequestration;• .nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand Supp. No. 11 44 § 8.03 CHARTER § 8.06 or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ • of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors. 8.04. City not required to give security or execute bond. It shall not be necessary in any action, suit or proceeding in which the city is a party for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any court, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be as liable as if security of bond had been duly executed. 8.05. Effect of this Charter on existing law. All ordinances, resolutions, rules and regulations now in force under the city government of the city and not in conflict with the provisions of this Charter shall remain in force under this Charter until altered, amended or repealed by city council after this Charter takes effect; and all rights of the city under existing franchises and contracts are preserved in full force and effect to the city, and any unissued bonds and revenue bonds, or installments thereof, heretofore authorized at an election held in said city shall not be affected by the adoption of this Charter, but the right to sell, issue and deliver same, in whole or in part, in keeping with the provisions of the laws under which they were voted is hereby expressly reserved. 8.06. Amending this Charter. a. Amendments may be proposed and submitted to the electors of the city by ordinance passed by a majority vote of the full membership of city council or by a petition signed • by qualified voters of the city in number not less than five (5) per cent thereof or twenty thousand (20,000) signatures, Sapp. No. 11 45 § 8.06 LA PORTE CODE § 8.07 whichever is less. Such petition shall in all other respects conform to the provisions of Article VI. • When -a properly drawn petition has been duly filed, council shall provide by ordinance for submitting such proposed amendments to a vote of the electors at an election to be held not less than thirty (30) days nor more than ninety (90) days after the passage of said ordinance. If the next regular municipal election is to be held during said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special election shall be called for the purpose. Notice of the election shall be given by publication thereof in the official newspaper on the same day in each of two (2) successive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. The form of such notice shall be as prescribed by this Charter, including a substantial copy of the proposed amendment or amend- ments. Each amendment submitted shall contain only one subject and shall be printed separately on the ballot, each proposed amendment being followed by designations for the voter to vote for the amendment or against the amendment. Each proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the Charter. The city secretary shall enter notice into the records of the city declaring the same adopted. b. This section is subject to the provisions of Revised Civil Statutes of Texas Annotated, Article 1170, and Election Code, Article 2.01 et seq. 8.07. Severability clause. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire • section or part of section may be inseparably connected in Supp. No. 11 46 § 8.07 CHARTER § 8.09 meaning and effect with the section or part of section to which such holding shall directly apply. • 8.08. References to laws. All references within this Charter to laws of the State of Texas or of the United States are to be construed as meaning such laws as now or hereafter amended or superseded. 8.09. Approval of this Charter. a. Copies to electors. In not less than thirty (30) days prior to the election provided in subsection b., the city commission shall cause the city clerk to mail a copy of this Charter to each qualified voter of the city, as listed on the current voter registration list. b. Submission of Charter to electors. The charter commit- tee in preparing this comprehensive Charter amendment finds and decides that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function, it is necessary that the comprehensive amendment be adopted in its entirety. For these reasons the charter committee directs that said amended Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the city at an election to be held for that purpose on the 9th day of August, 1980. The form of ballot to be used in such election shall be as follows: FOR THE ADOPTION OF THE AMENDED CHARTER. AGAINST THE ADOPTION OF THE AMENDED CHARTER. c. Results of vote for adoption. If a majority of the qualified electors voting in such election shall vote in favor of the adoption of the Charter, and after the returns have been canvassed, the city clerk shall file an official copy of • the Charter with the records of the city. The city commission shall at its next meeting declare this Charter adopted. The Supp. No. 11 47 § 8.09 LA PORTE CODE § 8.10 clerk shall furnish the mayor a copy of said Charter, which copy of the Charter so adopted, authenticated and certified by his signature and the seal of the city, shall be forwarded • by the mayor to the Secretary of State of the State of Texas and shall show the approval of such Charter by majority vote of the qualified voters voting at such election. 8.10. Provisions for transition. a. Tenure of officers during transition. From and after the date of the adoption of this Charter and until the completion of the first election under this Charter to be held on the first Saturday in April, 1981, and the qualification of the councilpersons therein elected, the present qualified and acting commissioners and mayor shall constitute city council. Such city council shall possess all the powers provided by this Charter. After said election and until the election to be held on the first Saturday in April, 1982, and the qualification of the councilpersons and mayor therein elected, the present qualified and acting commissioner —Position 2 shall serve as councilperson-at-large—Position A; the present qualified and acting commissioner —Position 4 shall serve as coun- cilperson-at-large—Position B; and the present qualified and acting mayor shall serve as mayor. These councilper- sons and mayor, along with the councilpersons elected and qualified as provided in subsection b, below, shall, for the duration of their terms of office, compose city council and shall possess all the powers provided by this Charter. b. Original election of mayor and councilpersons. Coun- cilpersons representing districts shall be elected at the election to be held on the first Saturday in April, 1981, for terms of office as follows: Councilperson—District 1, three-year term Councilperson—District 2, one-year term Councilperson—District 3, one-year term Councilperson—District 4, two-year term Councilperson—District 5, two-year term • Councilperson—District 6, three-year term. Supp. No. 11 48 § 8.10 CHARTER § 8.10 Councilpersons-at-large and the mayor shall be elected at the election to be held on the first Saturday in April, 1982, is for terms of offices as follows: Councilperson-at-large—Position A, one-year term Councilperson-at-large—Position B, two-year term Mayor, three-year term. • Following these terms of office, all councilpersons and the mayor shall be elected to three-year terms, according to the provisions of Article II of this Charter. Supp. No. 11 49 [The next page is 1011 CHARTER COMPARATIVE TABLE Date Disposition 3-22-49 1- 134 4-22-58 3 4-22-58 12 4-22-58 15 8-23-69 10 8-23-69 12- 14 8-23-69 21 8-23-69 33 8-23-69 49- 56 8-23-69 83, 119 8-23-80 1.01-1.06, 2.01-2.11, 3.01-3.05, 4.01-4.06, ' 5.01-5.08, 6.01-6.10, 7.01-7.06, 8.01-8.10 • Supp. No. 11 101 [The next page is 105] CHARTER INDEX is A AFFIDAVITS Municipal court clerk's power to administer ............ ANNEXATIONS Boundaries of city, modification of ..................... Boundaries of city. See that title City council districts Adding annexed territory to an adjacent district or districts ........................................ APPROPRIATIONS. See: Finances ASSESSMENTS. See: Taxation ASSIGNMENT City property, assignment of .......................... ATTORNEY. See: City Attorney AUDIT Required at end of fiscal year; report; notice of availability for inspection .................................... B BLIGHTED AREAS Rehabilitation plans for City council's power to adopt, modify and carry out ... BOND ISSUES Authorizing; power of city council ..................... Charter effect on unissued bonds and revenue bonds or installments thereof .............................. City's power and authority re ......................... Public sale of ........................................ Referendum on bond ordinance ....................... BONDS, SURETY OR PERFORMANCE City not required to give ......•........................ Officers and employees of city ........................ . Officers and employees. See that title BOUNDARIES OF CITY City council districts Adding annexed territory to adjacent district or districts • Established .......................................... Supp. No. 11 1067 Section 3.04(d) 1.03 2.01(b) 8.03 5.07 2.09(g) 2.09(b) 8.05 5.05(b)(1) 5.05(b)(3) 5.05(b)(2) 8.04 8.02(d) 2.01(b) 1.02 LA PORTE CODE BOUNDARIES OF CITY—Cont'd. Section Map of city City council's power to adopt and modify ............. 2.09(f) 1.03 • Modification of ....................................... BUDGET OF CITY 3.01(c)(3) Administration of .................................... 2.09(a),4.03 Adoption ............................................ 4.01(b) Attachments to ...................................... 4.01(c) Balanced budget ..................................... City manager to prepare and submit to city council ..... 3.01(c)(3) City secretary Copy of adopted budget filed with ................... 4.04(a) Contents of .......................................... 4.01(a) 4.04(b) Copies for city offices ................................. .... 4.05 Effect of approved budget ........... .. • • • • • • • • • Fiscal year defined ................................... 4.06 4.01(b) Message on budget from city manager ................. Preparation and submission of ........................ 4.01 Public inspection, availability of proposed budget for .... 4.02 Supporting schedules, exhibits and other explanatory 4.01(b) materials ........................................ BUILDINGS Blighted areas Rehabilitation of, plans for;. powers of city council ..... 2.09(g) Slum districts Plans for clearance of; powers of city council .......... 2.09(g) C CENSUS, FEDERAL City council election districts, effect on ................ 2.01 Elections. See that title CEREMONIES Mayor as ceremonial head of city government........... 2.08 CHARTER Adoption of Results of vote favoring ............................. 8.09(c) Amendments to ....................................... 8.06 8.09 Approval of .......................................... Electors Copies of charter provided to; approval or disapproval of charter by ................................... 8.09 Existing law, effect of charter on ...................... 8.05 Severability......................................... 8.07 State laws, references to .............................. 8.08 8.10 • Transitional provisions ............................... United States, references to laws of .................... 8.08 Supp. No. 11 1068 CHARTER INDEX CITY Section Boundaries of ........................................ 1.02, 1.03 Boundaries of city. See that title Ceremonial head of city government; mayor ............ 2.08 Form of government .................................. 1.04 Incorporation of ..................................... 1.01 Population of Formation of city council districts, effect on .......... 2.01(b) Powersof ........................................... 1.05 CITY ATTORNEY Appointment, compensation, removal; head of department oflaw ........................................... 3.05 Department of law Headof ........................................... 3.05 Duties.............................................. 3.05 CITY COUNCIL Budget of city. See also that title Public hearing and adoption of ...................... 4.03 Candidacy of councilpersons for other office; automatic resignation ....................................... 2.04 Compensation ....................................... 2.05 Composition of ...................................... 2.01 Contracts for city purchases Alterations in, authorization by council ............... 5.03 Council approval required for ....................... 5.02 Purchasing. See that title Discharge of city officers and employees by ............. 8.02(f) Disbursement of funds Checks, vouchers or warrants Countersigning by member of city council........... 5.06 Districts Numbering and formation of ........................ 2.01 Elections. See that title Original election of council persons .................. 8.10(b) Form of government; city council form ................. 1.04 Initiative, referendum, recall .......................... 6.01 et seq. Initiative, referendum and recall. See that title Judge of members' election and qualifications .......... 2.02(b) Mayor. See also that title Presiding at council meetings with vote ............... 2.08 Meetings Frequency ......................................... 2.07(a) Journal of proceedings; keeping; open to public inspec- tion........................................... 2.07(c) Notice of, city secretary to give ...................... 3.03 • Original meeting ................................... Presiding officer 2.08 2.08 Rules and order of business ......................... 2.07(b) Supp. No.11 1069 LA PORTE CODE CITY COUNCIL—Cont'd. Section Powersof ........................................... 2.09 Additional discretionary powers ..................... be judge of........ 2.10 2.02(b) Qualifications of members, council'to Removal from office by recall ......................... 6.07 Initiative, referendum and recall. See that title Residence requirement ............................... 2.02(a) Resignation of councilpersons Candidacy for other office; automatic resignation ...... 2.04 Term of office ....................................... 2.01(d) Transition provisions; composition of council ........... 8.10 Vacancies, filling ..................................... 2.04 CITY MANAGER Absence of Designating officer to perform duties during .......... 3.01(d) Appointment ........................................ 3.01(a) Budget of the city, city manager to propose and submit; budget message .................................. 4.01 Departmental directors Power to appoint and remove ....................... 3.02(c) Disability of Designating officer to perform duties during .......... 3.01(d) Discharge of city officers and employees by ............. 8.02(f) Disbursement of funds Signature required on checks, vouchers or warrants .... 5.06 Duties ..........:................................... 3.01(c) Qualifications ........................................ 3.01(a) Salary............................................... 3.01(b) Term of office ....................................... 3.01(b) CITY SECRETARY Appointment of; duties ............................... 3.03 Damage suits against the city Special provisions for; notifying secretary ............. 1.06 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Ordinances, passage of Notice given by city secretary; signature authenticating 2.11(a) CITY TAX ASSESSOR -COLLECTOR Board of equalization Ea officio member of ............................... 5.01(b) Taxation. See that title Division of taxation, head of .......................... 5.01 Taxation. See that title CLAIMS AGAINST THE CITY • Special provisions for damage suits .................... 1.06 Supp. No.11 1070 CHARTER INDEX CODE OF ORDINANCES City council's power to authorize codifications .......... • CONDEMNATION Power of city; condemnation of property; eminent domain CONTRACTS Franchises recognized as .............................. Franchises. See that title Power of city to enter into ............................ Purchasing. See that title CORPORATE SEAL Power of city to use .................................. COUNCIL. See: City Council COURTS Codifications of ordinances Admissible as evidence in courts ..................... Municipal court. See that title D DAIRIES Power of city to inspect ............................... DEPARTMENTS AND OTHER AGENCIES OF CITY City council's power to create or abolish ................ Consolidation or redesignation of ...................... Creation of administrative departments ................ Directors (heads) of departments Appointment and removal of; supervisory and control functions of .................................... Authority to appoint and remove subordinates ........ Estimates of revenue and expenditures and other supporting data supplied by ..................... Requisitions from for purchases and contracts executed bycity ......................................... Divisions of departments ............................. Heads of departments. See within this title: Directors Housing authority. See that title Inquiries into conduct of Power of city council ............................... Law, department of. See: City Attorney Library, public. See that title Records and accounts of Public access to .................................... Taxation; board of equalization ........................ • Taxation. See that title Zoning commission and zoning board of adjustment. See: Zoning Supp. No.11 1071 Section 2.11(a)(2) 1.05(b) 7.01(c) 1.05 1.05(b)(5) 3.02(a) 3.02(b) 3.02(a) 3.02(c) 3.01(c)(2) 4.01 5.02 3.02(d) 2.09(c) 8.01 5.01(b) LA PORTE CODE DEVISES Section Power of city to dispose of property ................... 1.05 DISTRICT JUDGE • Initiative, referendum and recall ....................... 6.10 Initiative, referendum and recall. See that title E ELECTIONS Applicability of regulations ........................... 2.03(a) Ballots Official ballots, printing of candidates' names on without party designations ....................... 2.04(d) Recount in case of doubt or fraud .................... 2.03 Candidates Filing for office .................................... 2.04(c) Resignation of mayor or councilpersons Candidacy for other office as grounds for ........... 2.04 Canvassing returns and declaring results ............... 2.04(e) Census, federal Effect on election districts for city council ............ 2.01 Charter Amendments to, elections for ........................ 8.06 Charter Submission to electors for approval or disapproval..... 8.09 City council candidates Separate election of; designation on ballot; majority vote; run-off elections; tie votes .................. 2.01(c) Conduct of .......................................... 2.03 Councilpersons-at-large, election of .................... 2.01 Franchise utility system Voter decision on purchase of ................... :... 7.01 Franchises. See that title Fraud, prevention of ................................. 2.03 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Majority vote Successful candidates receiving ...................... 2.01(c) Recount of ballots in case of doubt or fraud ............ 2.03 Run-off elections, holding ............................. 2.01(c) Schedule of regular and special elections ............... 2.03(b) Special elections ..................................... 2.03(b) Tie votes, second election to decide .................... 2.01(c) Voters and voting Majority vote decides successful candidates ........... 2.01(c) Tie votes, second election to decide .................. 2.01(c) • Supp. No. 11 1072 CHARTER INDEX EMERGENCIES Section Contracts for city purchases, alterations in ............. 5.03 • Purchasing. See that title Mayor to command police, maintain order and enforce law during........................................... 2.08 EMINENT DOMAIN Power of city ......................................... 1.05(b) Utility property, right of city to acquire ................ 7.01(c) Franchises. See that title EMPLOYEES OF CITY. See: Officers and Employees F FINANCES Appropriations Contingent appropriations Power of city council re ........................... 2.09(k) Initiative of electors; proposing ordinances Exclusion of ordinances appropriating money ....... 6.01 Initiative, referendum and recall. See that title Lapse of appropriations at end of year ............... 5.08 Assessments Property tax, method of assessment of ............... 5.01 Taxation. See that title Audit Certified public accountant to perform; report; public notice of availability for inspection ............... 5.07 Bond issues. See that title Borrowing Negotiable notes; capital improvements .............. 5.05 Budget of the city ............................... 2.09(a), 4.01 et seq. Budget of the city. See that title Capital improvements Borrowing power and authority of city; bond issues .... 5.05(b) City manager Annual report on finances, etc.; advising city council on financial condition and future needs of city ....... 3.01(c)(4), (5) Classification of revenue and expenditure accounts ...... 4.01(c) Department of Division of taxation Established; head ................................. 5.01 Fees for city services, payment to department . , ...... 5.04 Disbursement of funds Checks, vouchers or warrants for withdrawal of funds Signatures required ............................... 5.06 • Expenditure of funds or contracting indebtedness Ordinance required for .............................. 2.11(b) Supp. No. 11 1073 LA PORTE CODE FINANCES—Cont'd. Section Fees paid to city ..................................... 5.04 Fiscal year .......................................... 4.06 Budget of city in effect for .......................... 4.03(d) . Ordinance required to expend funds or contract indebted- ness............................................. 2.11(b) Public utilities, city -owned and operated Annual report of financial results .................... 7.04 Municipally -owned utilities. See: Franchises (Public utilities) Report, annual, on finances and administrative activities of city ........................................... 3.01(c)(4) FINES, FORFEITURES AND OTHER PENALTIES Municipal court costs and fines Imposition, payment and use of ....................:. 3.04(e) Ordinance required to establish fine or other penalty .... 2.11(b) FIRE LIMITS City council's power to establish and designate and to regulate building construction within ............... 2.09(i) FIRE PREVENTION Fireproof buildings City council's power to provide for erection of......... 2.09(i) FISCAL YEAR Finances. See that title FRANCHISES (Public utilities) City council Power to grant, amend, renew and extend franchises... 7.01(a) Rates and service, power to regulate ................. 7.02(b) Consent of property owners ........................... 7.06 Contracts between city and grantee Prior franchises recognized as ....................... 7.01(c) Elections Voter decision on purchase of existing franchise utility systems ........................................ 7.01(c) Eminent domain Right of city to acquire utility property .............. 7.01(c) Extensions of public utilities within the city limits ...... 7.01(b) Municipally -owned utilities, accounts of ................ 7.04 Nontransferability;exception .......................... 7.01(a) Prior franchises recognized as contract between city and grantee ... ........................................ 7.01(c) Property owners, consent of ........................... 7.06 Rates City council's power to regulate ...................... 7.02(b) • Records ............................................. 7.03 Supp. No. 11 1074 CHARTER INDEX FRANCHISES—Cont'd. Section Regulatory right of city ............................... 7.02 Service City council's power to regulate ...................... 7.02(b) Value of franchise disallowed .......................... 7.05 G GARBAGE AND TRASH Power of city to prescribe rules and regulations for handling, disposition, charges and compensation..... 1.05(b)(4) GARNISHMENT City property, garnishment of ......................... 8.03 GIFTS Power of city to acquire property ...................... 1.05 H HEALTH AND SANITATION Hospital. See that title HOSPITAL Board City council's power to create and to establish compen- sation ......................................... 2.10(b) Finances ............................................ 2.10(b)(2) HOUSING AUTHORITY City council's power to create and regulate and delegate powers...................................... :... 2.10(d) I IMPROVEMENTS Capital improvements City's power and authority to borrow money for; issuance of bonds .................. :............ 5.05(b) Street improvements Exclusive dominion, control and jurisdiction of city.... 1.05(2)(b) INCORPORATION City, incorporation of ................................. 1.01 INITIATIVE, REFERENDUM AND RECALL Amendment of initiative or referendum ordinances ...... 6.06 City council Consideration of referendum or initiative by .......... 6.04 • Failure or refusal to order initiative or referendum elections 6.10 ....................................... Supp, No.11 1075 LA PORTE CODE INITIATIVE, REFERENDUM AND RECALL—Cont'd. Section City secretary Recall petitions • Issuance of petition blanks; return and examination of petitions by secretary ........................ 6.08(b), (c) Referendum and initiative petitions Filing of petitions for referendum or initiative; examination by secretary; certification; amend- ments........................................ 6.03(b) District judge Ordering elections ................................... 6.10 Election City council Failure or refusal to order elections; power of district judge........................................ 6.10 District judge may order ............................ 6.10 Recall election ..................................... 6.09 Referendum or initiative ............................ 6.05 Petitions Procedure for initiative or referendum petitions ....... 6.03 Power of initiative ................................... 6.01 Power of recall ....................................... 6.07 Power of referendum ................................. 6.02 Proposing ordinances; power of initiative ............... 6.01 Recall Election........................................... 6.09 Petition for ........................................ 6.08 Powerof .......................................... 6.07 INSURANCE Officers and employees, insurance for injuries or disability 8.02(g) Officers and employees. See th4t title J JUDGE District judge ................. ................. 6.10 Initiative, referendum and recall, See that title Municipal judge. See: Municipal Court L LA PORTE, CITY OF. See: City LEASES Power of city to acquire and dispose of property ........ 1.05 LIBRARY, PUBLIC Department of city, public literary deemed to be ........ 2.10 • Power of city council to establish and maintain ......... 2.10 Supp. No. 11 1076 CHARTER INDEX M • MANAGER. See: City Manager Section MAP OF CITY City council's power to adopt and modify .............. 2.09(f) MAYOR Absence of mayor Mayor pro tern to act as mayor ...................... 2.08 Candidacy for other office; automatic resignation of mayor........................................... 2.04 City council. See also that title Compensation ....................................... 2.05 Disability of Mayor pro tern Acting mayor in case of absence or disability of mayor....................................... 2.08 Duties.............................................. 2.08 Elections Original election of ................................. 8.10(b) Form of government; mayor and council ................ 1.04 Ordinances Signature authenticating ............................ 2.11(a) Removal from office by recall ......................... 6.07 Initiative, referendum and recall. See that title Residence requirements ............................... 2.02(a) Signature to authenticate ordinances ................... 2.11(a) Term of office ....................................... 2.01(d) Vacancies Filling............................................. 2.04 Mayor pro tern to act as mayor ...................... 2.08 MILITARY LAW Mayor recognized as head of city government for purposes of............................................... 2.08 MORTGAGES Power of city to dispose of property ................... 1.05 MUNICIPAL COURT Clerk of court Appointment of clerk and deputy clerks; powers ...... 3.04(d) Costs and fines imposed by Payment and use of ................................ 3.04(e) Established; powers and duties ........................ 3.04(a) Fines. See within this title: Costs and Fines Judge Alternate judge............................ 3.04(c) Appointment of; qualifications; compensation ......... 3.04(b) Supp. No. 11 1077 LA PORTE CODE MUNICIPAL COURT—Cont'd. Section Seal of Court clerk's power to affix ......................... 3.04(d) • N NEPOTISM Officers and employees of city ......................... 8.02(c) Officers.and employees. See that title NEWSPAPERS Annual audit, announcement of availability for inspection 5.07 Codification of ordinances Newspaper publication not required .................. 2.11(a)(2) Official newspaper of the city Ordinances, announcements of passage of ............. 2.11 NUISANCES Power of city to define and prohibit ................... 1.05(b)(5) 0 OATH, AFFIRMATION, SWEAR OR SWORN City council investigations; power to administer oaths ... 2.09(c) Elected and appointed officers of city; oath of office required ......................................... 8.02(e) Municipal court clerk's power to administer oaths and affidavits ........................................ 3.04(d) OFFICERS AND EMPLOYEES Appointments City manager's power to make ....................... 3.01(c) Heads of departments Authorization to appoint subordinates .............. 3.01(c)(2) Assignment of wages or funds of employees ............. 8.03 Bond, surety or performance required .................. 8.02(d) City attorney. See that title City secretary. See that title Conflict of interest ................................... 8.02(a) Discharge of ......................................... 8.02(f) Elected officials Employment in nonelective city offices ............... 8.02(b) Financial interest in contracts or firms doing business . with the city prohibited ........................... 8.02(a) Injured persons Rules and regulations for maintaining; providing insur- ance................•........................... 8.02(g) Inquiries into conduct of City council powers to subpoena witnesses, administer e oaths and compel production of books, papers and other evidence .................................. 2.09(c) Supp. No. 11 1078 CHARTER INDEX OFFICERS AND EMPLOYEES—Cont'd. Section Insurance • Injured and disabled employees, insurance for ........ Municipal judge and municipal court clerk. See: Municipal 8.02(g) Court Nepotism ............................................ 8.02(c) Oath of office Sample forms for elected and appointed officials ...... 8.02(e) Pensions and retirement City council's power to establish pension plan; eligibility of employees ................................... 8.02(h) Removal City manager's power ............................... 3.01(c) Heads of departments Authorization for removal of subordinates .......... 3.01(c)(2) Transitional provisions after adoption of charter Tenure of officers during ............................ 8.10 ORDINANCES, RESOLUTIONS, ETC. Additional ordinances ................................ 2.11(b) Bond ordinance Authorizing issuance of bonds; power of city council ... 2.09(b) Referendum on .................................... 5.05(b)(2) Bond issues. See that title City secretary Signature for authentication of ordinances; recording .. 3.03 Codifications ........................................ 2.11(a)(2) Enacting clause ...................................... 2.11(c) Existing law, effect of charter on ...................... 8.05 Initiative, referendum and recall .............. . ........ 6.01 et seq. Initiative, referendum and recall. See that title Mayor Signature authenticating ordinances .................. 2.11(a) Passage of ordinances ................................ 1.05,2.11(a) Signatures authenticating ............................. 2.11,3.03 PARKS AND RECREATION Power of city to police parks or grounds ................ 1.05(b)(5) PENSIONS AND RETIREMENT Officers and employees of city ......................... 8.02(h) Officers and employees. See that title PERSONAL INJURY Claims against city for ................................ 1.06 PETITIONS • Charter amendments, petitions for ..................... 8.06 Initiative, referendum and recall .............. 6.01 et seq. Initiative, referendum and recall. See that title Supp. No. 11 1079 LA PORTE CODE PLANNING COMMISSION Section City council's power to establish and appoint members .. 2.09(d) Disasters causing destruction of areas or districts Replanning, reconstruction or redevelopment of, adop- • tion, modification and execution of plans by city council......................................... 2.09(h) Neighborhoods, replanning, improvement and redevelop- ment of; adoption, modification and execution of plans by city council ................................... 2.09(h) Slum districts and blighted areas Plans for clearance and rehabilitation City council's power to adopt, modify and carry out 2.09(g) PLATS AND PLATTING City council's power to adopt plats .................... 2.09(e) PLEAS Power of city to implead and be impleaded ............. 1.05 POLLUTION Water supply of city Power of city to prohibit pollution of streams, drains or tributaries and provide for policing ............... 1.05(b)(5) POPULATION OF CITY City council districts Balancing population of ............................. 2.01(b) Density of population, city council's power to regulate ... 2.10(c) PROCESS. See: Writs, Warrants and Other Process PROFESSIONAL SERVICES Contracts for by city Competitive bidding prohibited ...................... 5.02 PROPERTY City -owned property Assignment, execution and garnishment of ............ 8.03 City's power to acquire and dispose of ................. 1.05 Public utility construction, extension, maintenance or operation Consent of abutting and adjacent property owners not required for; rights of action for damage or injury.. 7.06 Taxation. See that title PUBLIC DANGER Mayor to command police, maintain order and enforce law during........................................... 2.08 PUBLIC UTILITIES. See: Utilities e Supp. No.11 1080 CHARTER INDEX PURCHASING Section Bids and bidding Contracts or purchases valued at over three thousand dollars Competitive bidding required for .................. 5.02 Contracts Alterations in ...................................... 5.03 Approval.......................................... 5.02 Power of city to acquire property ...................... 1.05 Professional services, contracts for Competitive bidding prohibited ...................... 5.02 Requisitions for purchases made by city ................ 5.02 R REAL ESTATE Taxation. See also that title Liens on taxable property ........................... 5.01(c)(2) RECALL Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title RECORDS, PUBLIC Departments and other agencies of city Public access to records and accounts of .............. 8.01 Departments and other agencies of city. See that title Franchise records .................................... 7.03 Franchises. See that title RECREATION. See: Parks and Recreation REFERENDUMS Bond ordinance, referendum on ....................... 5.05(b)(2) Bond issues. See that title Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title RESOLUTIONS. See: Ordinances, Resolutions, Etc. S SANITATION. See: Health and Sanitation SEAL. See: Corporate Seal SECRETARY. See: City Secretary SEWERS. See: Water and Sewers SIDEWALKS. See: Streets and Sidewalks Supp. No. 11 1080.1 LA PORTE CODE SLAUGHTERHOUSES AND PENS Section Power of city to inspect ............................... 1.05(b)(5) SLUM DISTRICTS Plans for clearance of is City council's power to adopt, modify and carry out ... 2.09(g) STATE Cooperation with; power of city ....................... 1.05(a) Zoning; state statutes adopted ......................... 2.10(c)(3) STREETS AND SIDEWALKS City's power to establish, widen, alter, close, abolish, supervise, maintain and improve, etc ................ 1.05(b)(2) Improvements Power of city; dominion, control and jurisdiction over streets, etc ...................................... 1.05(b)(2) SUBPOENAS City council investigations Power to subpoena witnesses ........................ 2.09(c) SUITS, ACTIONS AND OTHER PROCEEDINGS Damage suits against the city, special provisions for ..... 1.06 Power of city to sue and be sued ...................... 1.05 Security or bond, city not required to give or execute in suits, etc............ .......................... 8.04 T TAXATION Assessments City council's power to approve assessment rolls and adopt same ..................................... 2.09(j) Board of equalization Assessment rolls returned by, approval and adoption of 2.09(j) Membership; compensation; powers and duties; records; public hearing and notice ........................ 5.01(b) Budget of city. See also that title Property tax levy determined in ..................... 4.05 Division of taxation Established; head .................................. 5.01 Initiative of electors; proposing ordinances Tax levy ordinance excluded ........................ 6.01 Liens on taxable property ............................. 5.01(c)(2) Notes authorized in anticipation of tax or revenue collection ........................................ 5.05(a) Payment of taxes When due and payable; tax liens ..................... 5.01(c) Supp. No.11 1080.2 CHARTERINDEX TAXATION—Cont'd. Property tax • Assessment of, method of ........................... Budget of the city, determination of property tax levy by Notes authorized in anticipation of collection of ....... TEXAS, STATE OF. See: State TRASH. See: Garbage and Trash U UNITED STATES GOVERNMENT Cooperation with; power of city ....................... Section 5.01(a) 4.05 5.05(a) 1.05(a) UTILITIES Eminent domain power of city; acquisition of public utilities .......................................... 1.05(b) Franchises ........................................... 7.01 et seq. Franchises. See that title W WATER AND SEWERS Sewers and sewage disposal City's power to provide system and require connections Water supply and distribution Pollution of water supply Power of city to prohibit pollution of streams, drains or tributaries and provide for policing and protection of watersheds ....................... WRITS, WARRANTS AND OTHER PROCESS Mayor recognized by courts for civil process ............ Z ZONING Board of adjustment Establishment of; duties ...................... :..... City council's power to regulate dimensions and location of buildings and other structures, size of yards and open spaces, density of population and uses ......... Commission Establishment of; duties ............................ State statutes re Adopted........................................... Zoning board of adjustment. See within this title: Board of • Adjustment Zoning commission. See within this title: Commission Supp. No.11 1080.3 1.05(b)(3) 1.05(b)(5) 2.08 2.10(c)(2) 2.10(c) 2.10(c)(2) 2.10(c)(3) CHARTER CITY OF LA PORTE, TEXAS • This pamphlet is a reprint of the Charter of the City of La Porte, Texas, published by order of the City Council. MUNICIPAL CODE CORPORATION C• Tallahassee, Fla. 1985 0 0 CHARTER* Art. I. Incorporation; City Powers, §§ 1.01-1.06 Art. II. City Council, §§ 2.01-2.11 Art. III. Administration, §§ 3.01-3.05 Art. IV. Budget, §§ 4.01-4.06 Art. V. Finance Administration, §§ 5.01-5.08 Art. VI. .Initiative, Referendum and Recall, §§ 6.01-6.10 Art. VII. Franchises and Public Utilities, §§ 7.01-7.06 Art. VIII. General Provisions, §§ 6.01-8.10 ARTICLE I. INCORPORATION; CITY POWERS 1.01. Incorporation. The inhabitants 'of the City of La Porte within the boundaries as now established or as hereafter established in the manner provided by law shall continue to be a body politic and corporate and be known by the name of the City of La Porte. • 1.02. City boundaries. The boundaries and limits of the city shall be the same as have heretofore been established and now exist, which boundaries and limits were originally shown on the map recorded in Volume 8, Page 16, Map Records of Harris County, Texas, and as modified by subsequent annexations and disannexations. 1.03. Modification of city boundaries. The city council shall have power by ordinance to fix the boundary limits of the city and to provide by ordinance for the extension of said boundary limits, by the annexation of *Editor's note —The home rule Charter of La Porte, as adopted at referendum Aug. 23, 1980, is included herein, substantially as enacted. A uniform style of capitalization, punctuation and indention has been employed, in a format similar to that of the Code portion of this volume, but no substantive changes have been made. Obvious typographical errors have been corrected. As amendments are enacted, they will be denoted by adding an historical citation, in parentheses, at the end of the affected section. • Supp. No. 11 1 f 1.03 LA ]PORTE OODE 91.04 additional territory lying adjacent to the city, the disannex- ation of territory within the city and the exchange of territory with other cities and towns, all with or without the consent of the inhabitants in such territory or the owners thereof, provided that the foregoing powers shall be exercised by the council in a manner consistent with, and the council shall comply with, the procedural rules, requirements and limitations prescribed by any law applicable to cities operating under charters adopted or amended pursuant to Article XI, Section b of the Constitu- tion of the State of Texas, otherwise known as home rule cities, including Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). The following methods of annexation may be used: (a) Petition. The residents of any land contiguous and adjacent to the city may request the annexation of such land. Such request shall be made by a petition in writing which is signed by a majority of the residents of such land, addressed to city council and filed with the city secretary. Within thirty (30) days of the filing • of such petition, city council shall hear the petition and any arguments for or against it and shall accept or refuse the petition as council sees fit. If the petition is accepted, council shall by proper ordinance annex such land. (b) Otherwise. The city may annex territory by use of any of the means provided in Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). 1.04. Form of government. The governing body of the city shall be a council composed of the mayor and eight (8) councilpersons, to be known as the city council of the City of La Porte, hereinafter called city council. The members 'of city council shall be elected ' from the city in the manner prescribed elsewhere in this Charter. Sum Na 11 2 0 § 1.05 CHARTER § 1.05 1.05. Powers of the city. a. Generally. The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of the State of Texas together with all the implied powers necessary to carry into execution the powers granted. The city may acquire property within or without its corporate limits for any city purpose in fee -simple title or any lesser interest or estate by purchase, gift, devise, lease or condemnation and may sell, lease, exchange, mortgage, hold, manage and control such property as its interest may require; and, except as prohibited by the Constitution of this state or restricted by the Charter, the city may exercise all municipal powers, functions, rights, privileges and immuni- ties of every name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract; may implead and be impleaded in all courts concerning all matters; may cooperate with the government of the United States and of the State of Texas or any agency or political subdivision thereof to accomplish any lawful purpose; *and may pass such ordinances as may be expedient for maintaining the city's peace. and welfare and for the performance of its functions. b. Enumerated powers. Without limitation of the foregoing powers, the following are enumerated for greater certainty: 1. Eminent domain. The city shall have the full power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or by the Constitution and laws of .the State of Texas. This power shall include the power toacquire any public utility operating with - or without a franchise and furnishing a public service. The city may exercise its condemnation power in any manner authorized or permitted by the constitution and laws of this state. The power of eminent domain hereby conferred shall include the right of the city to take fee -simple title in land so condemned and such power and authority shall include the right to condemn property for such purposes. The city shall have and possess the power SuM No. 11 3 1.06 LA PORTS CODE $ 1.05 of condemnation for any municipal or public purposes even though not specifically . enumerated in this Charter. 2. Streets. (a) Powers. The city shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and all vendors, showcases and encroachments of every nature or character upon any of said streets and sidewalks. (b) Improvements. The city shall have exclusive dominion, control and jurisdiction in, upon and over - and under the public streets, avenues, alleys and highways of the city, and may provide for the improvement thereof of paving, repaving, raising, draining or otherwise. The provisions of Revised Civil Statutes of Texas, Article 1105b are express- ly adopted and made a part of this Charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property. 3. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their "premises with such sewer system, to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sewerage service, providing rules and regulations for the collection thereof, and to provide for rendering alien against any property Sapp. Na 11 4 is • ¢ 1.05 CHARTER $ 1.05 owner's premises who fails or refuses to make sanitary sewer connections after due notice and to charge a cost against said owner and make it a personal liability. 4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash and rubbish within the city and shall fix charges and compensation to be charged by the city for the removal of garbage, trash and rubbish, providing rules and regulations of the collection thereof. 5. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet; have power to police all parks or grounds, speedways, or boulevards owned by said city and lying outside of said city, to prohibit the pollution of any stream, drain or tributaries thereof, which may • constitute the source of water supply of any city and to provide for policing the same as well as to provide for the protection of any watersheds and the policing of same, to inspect dairies, slaughter pens, and slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city. c. General powers adopted. The enumeration of the particular powers in this Charter shall not be held or deemed to be exclusive but in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers; the city shall have and may exercise all power of local self-government and all other powers which, under the Constitution and laws of the State of Texas, it would be competent for this Charter specifically to enumerate. The city shall have and may exercise all the powers enumerated in Revised Civil Statutes of Texas, Article 1175. • Supp. No.11 5 11.06 1 A PORTE CODE 1101 1.06. Special provisions for damage suits. Before the city shall be liable to damage claim or suit for personal injury or death or damage to property, the person who is injured or whose property is damaged or someone in his behalf or his personal representative in cases of death shall give the city secretary notice in writing within thirty (30) days after the occurring of the alleged injury, death or damage stating specifically in such notice when, where and how the injury, death or damage was sustained and setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury, death or damage. No action at law for damage shall be brought against the city for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice hereinabove described has been filed with the city secretary. After the expiration of sixty (60) days aforementioned, the complainant may then have two (2) years in which to bring an action of law. • ARTICLE II. CITY COUNCIL 2.01. Composition of city council. a. Members of council. City council shall be composed of a mayor and eight (8) councilpersons. The positions of councilpersons shall be designated as follows: Councilperson—District 1 Councilperson—District 2 Councilperson—District 3 Councilperson—District 4 Councilperson—District 5 Councilperson—District 6 Councilperson-at-large—Position A Councilperson-at-large—Position B. The mayor and the two (2) councilpersons-at-large shall be elected by a majority vote of the city at large. The city shall be divided, as described below in subsection b, into six Sapp. No. 11 6 • • f 2.01 CHARTER ! 2.01 (6) districts, Districts 1, 2, 3, 4, 5 and 6, and one councilperson shall be elected from each district by majority vote of the resident voters of such district. b. Formation of districts. City council shall divide the city into six (6) districts which are reasonably compact, contiguous and of as nearly equal population as practicable. It shall be the duty of city council to establish the boundaries of six (6) districts covering the entire city for the purpose of electing district councilpersons. Such boundaries shall be established by ordinance, which shall be final for purposes of this Charter. The first such establishment shall be made as soon as practicable prior to the first city election following adoption of this section. Any subsequent estab- lishment shall be made when required by this Charter. Promptly following the addition of territory to the city by a boundary change, the city council shall, by ordinance, add such territory to an adjacent district or districts. Immediately following publication of the 1980 federal census, and at least every five (5) years thereafter, city council shall conduct an investigation and determine the population of the city and the population of each of the districts from which district councilpersons are to be elected. Each such determination shall be based upon the best available data, including, but not limited to, the most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final determination for purposes of this Charter. After any such determination, if the distribution of population among the various districts is determined by city council to be materially unbalanced, the city council shall establish new boundaries for the election of district councilpersons. c. Election. All candidates for city council shall be voted on and elected separately for positions and districts on said city council, and each candidate shall be designated on the official ballot according to the title of such position or district to which he seeks election. 0 SuM No. 11 7 2.01 1 A PORTE CODE $108 Any candidate for office receiving a majority of all the • votes cast for the office for which he is a candidate shall be. elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast for all the candidates. for such office, the city council shall call a run-off election to be held not less than twenty-one (21) days nor more than thirty (30) days after the regular election, at which run-off election the two (2) candidates receiving the highest number of votes shall be voted for again. In the event of a tie in the vote for the two (2) leading candidates, at the regular election, the city council shall hold a second election not less than twenty-one (21) days nor more than thirty (30) days after the regular election, at which said second election the candidates receiving such tie votes shall be voted for again. d. Term of office. The mayor and councilpersons shall each hold their respective offices for a term of three (3) years and until their successors shall have been elected and duly qualified. 2.02. Qualifications. a. Enumerated. The mayor and councilpersons shall be resident electors of the city at the time of filing for office, and continuously during their terms of office. A district councilperson shall also be a resident of his district at the time of filing for office and continuously during his term of office. b. Council to be judge of members' qualifications. City council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of council in any such case shall be subject to review by the courts. 2.03. Conduct of elections. ' a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event there should be any failure of the general laws or this Charter to provide for Sapp. Na 11 8 • f 2.03 CHARTER g 2.04 • some feature of the city elections, city council shall have the power to provide for such deficiency, making all regulations it considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this Charter, with any regulations made by council or the laws of the State of Texas. No informalities in. conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the Charter and ordinances of the city. b. Schedule. 1. Regular election. The regular election for choice of members of council shall be held annually on the first Saturday of April. • 2. Special election. Council may be ordinance or resolution order a special election, fix the time for holding same and provide necessary means. 2.04. Vacancies in city council. a. Candidacy elsewhere. If the mayor or any council person shall announce his candidacy, or shall in fact become a candidate, in any general, special or primary election for any office of profit or trust under this Charter or the laws of Texas or the United States, other than the office he has held, at any time when the unexpired term of the office then held shall exceed one year, such announcement or such candidacy shall constitute an automatic resignation of the office then held. b. Procedure. When a vacancy occurs for any reason in the office of mayor or councilperson, council shall call a special election within one hundred twenty (120) days. At said election the vacant office or offices shall be filled under the provisions of this Charter. • Supp. No. 11 9 1 &04 1 A PORTE CODE f 204 c. Filing for office. Each candidate for public office must: • 1. Be a qualified voter in the city. 2. File sworn application with the city secretary at least thirty (30) days prior to the election date. 3. Post the required filing fee: For mayor: Not to exceed the sum of one hundred dollars ($100.00). For councilperson: Not to exceed the sum of fifty dollars ($50.00). The Fling fees shall be used to defray the cost of the election and said fee shall be prorated and any surplus shall be refunded to said candidates. In lieu of posting such fee, a candidate may submit a petition requesting that his name be placed on the ballot. Said petition shall bear a number of signatures of qualified electors who are residents of the city, which number shall not be less than five (5) per cent of the total vote cast at the most recent regular • election in which a councilperson was elected or fifty (50), whichever is the lesser number. Each signer shall indicate his address and the number and county of his voter registration certificate.. 4. File for only one city office. d. Official ballots. The full names of all candidates for mayor or council as hereinbefore provided, except such as may have withdrawn, died or become ineligible,. shall be printed on the official ballots without party designations. If two (2) candidates with the same surnames, or with names so similar as to be likely to cause confusion, file for office, their occupations or the addresses of their places of residence shall be placed with their names on the ballots. The order of the names on the ballot shall be determined by lot. e. Canvassing elections. Returns of the elections, general and special, shall be made by the election officers to council SuM No. 11 10 • 2.04 CHARTER f 2.08 • promptly following said election, at which time council shall canvass and declare the results of such election. 2.05. Compensation. Each councilperson and the mayor shall receive for his services a salary in an amount determined by the council, not to exceed the sum of twenty-four hundred dollars ($2,400.00) per year for the mayor, and twelve hundred dollars ($1,200.00) per year for each councilperson. 2.06. Original meeting of new council. On the first Monday next following the regular municipal election held on the first Saturday of April, or. as soon thereafter as practicable, city council shall meet at the usual place for holding meetings, and the newly elected members shall qualify and assume the duties of office. At such meeting council shall select one of its members to serve as mayor pro tem, who shall serve for a one year term and until his successor is appointed and has qualified. • 2.07. Meetings. a. Frequency. City council - shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of council shall be open to the public; special meetings shall be called by the city secretary upon request of the mayor or three (3) councilpersons. b. Rules. City council shall determine its own rules and order of business. c. Journal. City council shall keep a journal of its proceedings. Such journal shall be open to public inspection. 2.08. Duties of mayor. The mayor shall preside at meetings of council and shall be entitled to vote upon all matters it considers. The mayor shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by • $upp. No. 11 11 i LOS LA PORTE CODE 12.09 this Charter and the ordinances of the city. He shall be • recognized as the head of the city government for all ceremonial purposes, by the courts for civil process, and by the government for purposes - of military law. In times of public danger or emergency, the mayor shall take command of the police, maintain order and enforce the law. If a vacancy occurs in the office of mayor or in the case of his absence or disability, the mayor pro tem shall act as mayor until a successor is elected and has, qualified or until the mayor is again able to assume his duties of office. 2.09. Powers of council. All powers of the city and the determination of all matters of policy shall be vested in city council. Council shall execute the- laws and administer the government of the city. Without limitation of the foregoing and among the other powers that may be exercised by council, the following are hereby enumerated for greater certainty: a. Adopt budget of the city. b. Authorize the issuance of bonds by a bond ordinance. c. Inquire into the conduct of any office, department, agency or officer of the city and make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misde- meanor and shall be punishable by fine. Council shall enact an ordinance to enforce this provision. d. Establish and appoint the members, of the planning commission. e. Adopt plats. f. Adopt and modify the official map of the city. g. Adopt, modify and carry. out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. Sapp. No.11 12 2.09 CHARTER ; 2.10 • h. Adopt, modify and carry out plans proposed by the planning commission for the replanning, improve- ment and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. i. Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings calculated to increase the fire hazard and the manner of their removal or destruc- tion. j. Approve assessment rolls as returned to it by the board of equalization and adopt same as the assessment rolls to be used for the collection of taxes for the current year. k. Control and distribute all contingent appropriations. Expenditures from a contingent appropriation shall require prior approval of council. A contingent appropriation shall be disbursed only by transfer to a departmental appropriation, the spending of which shall be charged to the department or activity for which the appropriation is made. 2.10. Additional discretionary powers. In addition to the above powers and without limitation of such, city council shall have the - power to, and may at its discretion, do any or all of the following: a. Public library. Council shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm, associa- tion or corporation under such terms as council may prescribe for the establishment of such free public library. For budget purposes, the library shall be considered as a department of the city and the 0 SuM Na 11 13 f L10 LA PORTE CODE a 2.10 appropriations therefor shall comply with all the • budgetary requirements as outlined in this Charter and as may be prescribed from time to time by council. b. Hospital. 1. Operation. The city shall have the authority to acquire, establish and own, . either by purchase, donations, bequest or otherwise, all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospi- tal. Upon establishment of such hospital, council shall create a hospital board with membership and compensation deemed appropriate by council, which shall operate the hospital subject only to such direction and supervision as shall be contained in any ordinance or ordinances enacted by council.. 2. Finances. All funds belonging to - said hospital, whether classed as funds received in course of operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall submit a quarterly operating statement to council, and an annual audit to coincide with the fiscal year of the city. c. Zoning. 1. Power. For the purposes of promoting the health, safety, morals or general welfare of the city, council may by ordinance regulate the - location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence and other purposes. 8op96Na 11 14 0 5 2.10 CHARTER § 2.10 • 2. Procedure. Should council enact regulations under subsection 1. above, it shall establish a zoning commission and may establish a zoning board of adjustment. (a) Zoning commission. (1) The zoning commission shall recommend to council the location of zoning districts and restrictions therein, and shall hold public meetings on such recommenda- tions. (2) Commission members shall receive such compensation as council may deem appro- priate. (3) Council may combine the duties of said commission with the duties of the plan- ning commission, as provided in section 2.09 a through j, to form a planning and zoning commission. (b) Zoning board of adjustment. (1) The zoning board of adjustment may, in appropriate cases and subject to appropri- ate conditions and safeguards, make special exceptions to the terms of a zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. (2) Board members shall receive such com- pensation as council may deem appropri- ate. 3. Generally. All of the powers granted by Revised Civil Statutes of Texas, Articles 1011a. to 1011j., inclusive, relating to zoning in cities, are hereby adopted and made a part of this Charter. d. Housing authority. Council may create a housing authority of such number, terms and compensation of • Supp. No. 11 15 1110 LA PORTE CODE fill members as council may determine and may delegate • to the housing authority such powers relating to the planning, construction, reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as council may deter- mine. 2.11. Ordinances. a. Passage. 1. Procedure. Every ordinance shall be introduced in written or printed form, and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten (10) days from the date of its passage. The city secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in • the city at least once within ten (10) days of its passage according to the provisions of Revised Civil Statutes, Article 1013. He shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the Charter, and the date of such publication and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and modification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in Article VII of this Charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of city council. Every ordinance shall be authenticated by the signature of the mayor and city secretary and shall be systemati- cally recorded in an ordinance book in a manner approved by council. It shall only be • necessary to Sapp. No. 11. 16 • § 2.11 CHARTER § 3.01 record the caption or title of ordinances in the minutes of journal of council meetings. 2. Codifications. Council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as council deems advisable. Such printed code, when adopted by council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper and shall be admitted in evidence in all courts and places without further proof. b. Additional ordinances. In addition to such acts of council as are required by statute or by this Charter to be by ordinance, every act of council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. c. Enacting clause. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE." ARTICLE III. ADMINISTRATION 3.01. City manager. a. Appointment and qualifications. City council shall appoint a city manager, who shall be chosen solely on the basis of his executive and administrative training, experi- ence and ability. No member of city council shall, during the term for which he is elected and for one year thereafter, be appointed city manager. b. Term and salary. The city manager may be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. The action of city council in suspending or removing the city manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility of such action in city council. 0 Supp. No. 11 17 ! s.01 LA PORTZ CODE 1 S01 Council shall set a salary for the city manager as it deems appropriate. c. Duties. Except as provided elsewhere in this Charter, the city manager shall be the chief executive officer and head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that and he shallhave power and be required to: 1. Devote all his working time and attention to the affairs of the city. 2. Appoint and, when necessary for the good of the city, remove all city officers and employees except those for which this Charter provides otherwise. He may authorize the head of a department to appoint and remove subordinates in such department. 3. Prepare the budget annually, submit it to council and be responsible for its administration after adoption. 4. Prepare and submit to council, as of the end of the Is year, a complete report on the finances and administrative activities of the city for the preceding You. 5. Keep council advised of the financial condition and future needs of the city and make such recommenda- tions as may seem to him desirable. 6. Perform such other duties as may be prescribed by this Charter or required of him by the council, not inconsistent with this Charter. 'd. Provisions for absence. Within thirty (30) days after taking office, the city manager shall designate by letter filed with the city secretary a qualified administrative officer of the city to perform his duties during his temporary absence or disability. Upon receipt of said letter, the city secretary shall advise council -of its contents. Said letter shall be in force and effect for the duration of the city manager's emp* or until he files another such letter. Sapp Na it 18 • 4 3.02 CHARTER ; 3.04 3.02. Administrative departments. a. Creation. There are hereby created the following administrative departments: Finance, police, fire, law, public works, health, parks and recreation, and water and sewer. Council may by ordinance create or abolish offices, departments or agencies other than the offices, departments or agencies established by this Charter. b. Consolidaton. Council may consolidate or redesignate any of the offices, departments and agencies. c. Directors. The city manager shall appoint a director to supervise and control each department. When necessary for the good of the city, the city manager may remove any such director. Such director shall be an officer of the city and shall have supervision and control of his department, subject to the supervision of the city manager. Two (2) or more departments may be headed by the same individual, and directors of departments may also serve as chiefs of divisions. The city manager may head one or more departments. d. Divisions. The work of each administrative department may be distributed among such divisions thereof as may be established by ordinance or this Charter. 3.03. City secretary. With the advice and consent of city council, the city manager shall appoint a competent person to be secretary of the city. The city secretary shall: a. Give notice of council meetings. b. Authenticate by his signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions. c. Perform such other duties as may be assigned to him by council or elsewhere in this Charter. 3.04. Municipal court. a. Establishment. There shall be established and maintained a municipal court with all powers and duties as • Supp. No. 11 19 1 &04 LA PORTS CODE f &05 are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. b. Municipal judge. City council shall appoint a compe- tent attorney, duly licensed by the State of Texas, to be judge of the municipal court. He shall serve at the pleasure of council and shall receive compensation as may be fixed by council. c. Alternate municipal judge. Council shall have the power to create and appoint additional judges as provided by law. d. Court clerk. Subject to the approval of the municipal judge, the city manager shall appoint a municipal court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto and generally do and perform any and all acts usual and necessary by clerks of .court in conducting the business thereof. e. Costs and fines. All costs and fines imposed by the municipal court, or any court in cases appealed from its • judgments, shall be paid into the city treasury for the use and benefit of the city. 3.05. City attorney. City council shall appoint a competent attorney, duly licensed by the State of Texas, to be city attorney and head of the. department of law. He shall be appointed and removed at the will and pleasure of council by a majority vote of the entire council, and shall receive compensation as may be fixed by council. The city attorney, or other attorneys selected by him with the approval of Council, shall represent the city in all litigation. He shall be the legal advisor of, and attorney and counsel for, the city and all offices and departments thereof. Sum Na 11 20 0 § 4.01 CHARTER § 4.01 ARTICLE IV. BUDGET 4.61. Preparation and submission of budget. At least forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to council a proposed budget with required attachments. For such purpose, at such date as he shall determine, he shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department or agency, detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the city manager shall review the estimates, may hold hearings thereon and may revise the estimates, as he may deem advisable. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain the following: 1. A consolidated statement of receipts and expendi- tures for all funds. 2. An analysis of property valuations. 3. An analysis of tax rate. 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. 5. A detailed listing of the resources of each fund. 6. A summary of proposed expenditures within such funds by department, function and classification. 7. A revenue and expense statement for all outstand- ing bonded debt. 8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, maturity dates and amount outstanding. 9. The appropriation ordinance. 10. The tax -levying ordinance. • Supp. No. 11 21 4.01 1 A PORTS CODE 14.01 • b. Attachments to budget. 1. Budget message. The city manager shall prepare a budget message which shall be submitted with the budget. It shall contain an outline of the proposed financial policies of the city for the fiscal year and describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous years in expenditures and revenue items and shall explain any major changes in financial policy. 2. Supporting schedules. Attached to the budget shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital outlays, as the city manager shall believe useful to council. & Comparison tables. The city manager may prepare tables in which various items may be compared with those of previous years and shall attach such to the budget. (a) Anticipated revenues. In parallel columns opposite the several items of revenue, there shall be placed the actual amount of such item for the first six (6) months of the current year, the budgeted amount for the current fiscal year, and the proposed amount for the ensuing fiscal year. (b) Proposed expenditures. The proposed expendi- tures for the administration, operation, main- tenance and capital outlay of each office, department or agency of the city shall - be itemized by character and object. In parallel columns opposite the various items of expend- itures, there shall.- ; be placed the" actual amount of such items- of expenditures for the last completed • fiscal • year, the estimated amount for the current fiscal year and the proposed amount for the ensuing fiscal year. Saps. Na 11 22 ' 0 f 4.01 CHARTER ; 4.03 c. Balanced budget. The total estimated expenditures of the general fund and debt service fund shall not exceed the total estimated resources of each fund (prospective income plus cash on hand). The classifi- cation of revenue and expenditure 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 nationally accepted classification. 4.02. Availability of proposed budget. The proposed budget and all attachments shall be a public record in the office of the city secretary, open to public inspection. The city manager shall cause sufficient copies of such to be prepared for distribution to interested persons. 4.03. Budget adoption. a. Publication of notice of public hearing. At the meeting of city council at which the budget and attachments are • submitted, council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which council will hold a public hearing. b. Public hearing. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, city council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. c. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all members of the whole council. d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal year. Should council take no final action on or prior to such day, the budget as submitted by the city manager shall be deemed to have been finally adopted by council. 0 8upp. No. 11 23 I Los LA PORTE CODE 15.01 Upon final adoption, the budget shall be in effect for the fiscal year. 4.04. Public record. a. Filed. A copy of the budget as finally adopted shall be filed with the city secretary. b. Availability. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments and agencies, and for the use of interested persons and civic organizations. 4.05. Effect of approved budget. From the effective date of the budget: a. The several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. b. .The amount stated therein as the amount to be raised • by property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. 4.06. Fiscal year defined. The fiscal year of city government shall begin on the first day of October and end on the last day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year. ARTICLE V. FINANCE ADMINISTRATION 5.01. Division of taxation. There shall be established in the department of finance a division of taxation, the head of which shall be the city tax assessor -collector. a. Property subject to tax; method of assessment. All real and personal property within the city not Sapp Na 11 24 40 § 5.01 CHARTER § 6.01 • expressly exempted by law shall be subject to annual taxation at its true market value. Each person, partnership and corporation owning property within the limits of the city shall between the first day of January and the thirty-first day of March of each year, hand to the tax assessor -collector a full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the first day of January of the current year. In all cases of failure to obtain a statement of real and personal property from any cause, the tax assessor -collector shall ascertain the amount and value of such property and assess the same as he believes to be true and full value thereof; and such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. b. Board of equalization. 1. Membership. City council shall each year, prior to the first day of March, appoint three (3) residents who are qualified voters as the board of equaliza- tion.. Such board shall choose from its membership a chairperson. A majority of said board shall constitute a quorum for the transaction of business. The tax assessor -collector shall be ex officio secretary of the board. 2. Compensation. Members of the board while serving shall receive such compensation as council may deem appropriate. 3. Powers and duties. In order that all property within the city shall be assessed as uniformly as possible, the board of equalization shall have the power and duty to: (a) Adopt regulations regarding the procedure of assessment review. is Supp. No. 11 25 1601 LA FORTS CODE 1 &01 (b) Review, on complaint of property owners, assessments for the purpose of taxation of both real and personal property within the city made by the assessor -collector. (c) Examine and, if necessary, revise the assess- ments returned by the tax assessor -collector and as previously set by the board. (d) Administer oaths, take testimony, hold hear- ings and compel the production of all books, documents and other papers pertinent to the investigations 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) Certify its approval of the assessment rolls and have them returned to the tax assessor - collector, immediately upon completion of the board's work. 4. Records. The board shall be required to keep an accurate record of all its proceedings, which record shall be available for public inspection. 5. Public hearing and notice to owner. At the same meeting that city council appoints the board of equalization, it shall by ordinance fix the time of the first meeting of the board which shall be on the tenth day of May, or as soon thereafter as practicable. After such first meeting, the board may reconvene and adjourn from time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any person in relation to the assessment roll. Whenev- er said board shall find it their duty to raise the value. of any property appearing on the lists or books of the 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) nor more than 'fifteen (15) days from the date of adjournment and shall 8npp. Na 11 26 • § 5.01 CHARTER § 5.01 • cause the secretary of said board to give written notice to the owner of such property or to the person rendering same of the time to which said board has adjourned, and that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may be served by depositing the same, properly . ad- dressed, and postage paid, in the city post office. c. Payment of taxes. 1. When due and payable. All taxes due the city shall be payable at the office of the assessor -col- lector 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 following the year for which the tax was levied, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to • such penalty and interest as city council may provide by ordinance. 2. Tax liens. The tax levied by the city is hereby declared to be a lien, charge or encumbrance upon the property upon which tax is due, which lien, charge or encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city, for the amount of taxes due on such property, is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against nonresidents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, which lien may be foreclosed in any court having jurisdic- tion. 0 Supp. No. 11 27 1 5.02 LA PORTE CODE 15.03 5.02. Purchase procedure. • All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be changed, and no contract or order shall be binding upon the city unless and until the city manager or his designee approves the same and certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Before the city makes any purchase or contract, opportunity shall be given for competition. Council may by ordinance confer upon the city manager general -authority to contract for expenditures without further approval of council for budgeted items not exceeding three thousand dollars ($3,000.00). All contracts for expenditures involving more than three thousand dollars ($3,000.00) must be expressly approved in advance by council. All contracts or purchases involving more than three thousand dollars ($3,000.00) shall be let to the lowest • bidder, considering quality, after there has been opportunity for competitive bidding as provided for by law or ordinance; provided that council or the city manager, in such cases as he is authorized to contract for the city, shall have the right to reject any and all bids. Contracts for professional services for which bidding is prohibited by law shall not be let on competitive bids. 5.03. Alterations in contracts. Except in case of emergency, alterations in any contract not to exceed twenty-five (25) per cent of the total contract may be made when authorized by council upon written recommendation of the city manager; provided that such alteration is acceptable to the other party to the contract. When such recommended change is for an amount not more than five thousand dollars ($5,000.00), council may authorize the city manager to approve such alterations. fig Sapp. Na 11 28. /� 664 - • V�CA Q .521 L° �,°-7, i��o § 5.04 CHARTER § 5.05 • 5.04. Fees shall be paid to city. All fees for city services received by any officer or employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of the finance department. 5.05. Borrowing. a. Negotiable notes. In any fiscal year, city council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the city which shall mature and be payable not later than the end of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than par and accrued interest at private sale by the director of the finance department without previous advertisement, but such sale shall be authorized by council. Such notes shall be in anticipation of either of the following: 1. Property taxes. Notes authorized in anticipation of the • collection of property taxes in a fiscal year shall be designated "tax anticipation note for the year " (stating the fiscal year). 2. Other revenues. Notes authorized in anticipation of the collection or receipt of other revenues shall be designated "special revenue note for the year " (stating the fiscal year). b. Capital improvements. 1. Power and authority to incur indebtedness. The city shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the city for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this state applicable to home rule cities, except as such power Supp. No. 11 29 I LOS 1 A PORTE CODE $ 5.07 and authority is expressly limited or denied by this • Charter, or any amendments hereto. 2. Referendum on bond ordinance. Each bond ordinance passed pursuant to a purpose which has been authorized by majority vote of the voters of the city at an election shall not be subject to referendum. Each bond ordinance relating to bonds not authorized by the qualified voters of the city shall be subject to permissive referendum on petition pursuant to the provision of Article VI of this Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise. 3. Public sale of all bonds. No bonds issued under this Charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at • least once in the official newspaper of the city, both of such publications to be made not less than ten (10) days prior to the date set for such sale.. 5.06. Disbursement of funds. All checks, vouchers or warrants for the withdrawal of funds from the city depository shall be executed in accord with the provisions of this Charter and shall be signed by the city manager or his deputy and counter -signed by a member of city council. 5.07. Independent audit. Prior to the end of each fiscal year, council shall designate a practicing certified public accountant,, who is licensed- by the State of Texas, to make an independent audit of accounts and other evidences' of financial transactions of the city government and shall submit a report to council. Notice shall be given by publication in the official Bum Na 11 30 0 § 5.07 CHARTER § 6.03 • newspaper in the city that the annual audit is on file at the city hall for inspection. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. He shall not maintain any accounts or records of the city business, but, within specifications approved by council, shall post -audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. 5.08. Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. ARTICLE VI. INITIATIVE, REFERENDUM AND RECALL • 6.01. Power of initiative. The electors shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power known as the initiative. 6.02. Power of referendum. The electors shall have power to approve or reject at the polls any ordinance passed by council, or submitted by council to a vote of the electors, except as provided in section 5.05, such power being known as the referendum. Ordi- nances submitted to council by initiative petition and passed by council without change shall be subject to the referendum in the same manner as the other ordinances. 6.03. Procedure for initiative or referendum petition. a. Form of petition. 1. .Text. Initiative petition papers shall contain the full text of the proposed ordinance. • $upp. No.11 31 1 &03 LA PORTE CODE 16.03 2. Signatures. • (a) The signatures to initiative or referendum peti- tions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. (b) The petition shall be signed by qualified electors of the city equal in number to at least fifty (50) per cent of the number'of votes cast in the last regular municipal election. 3. Circulators. There shall appear on each petition the names and addresses of five (5) electors, who, as circulators, shall be regarded as responsible for the circulation and filing of the petition. 4. Affidavit. Attached to each separate petition paper • there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine signatures of the persons whose names they purport to be. b. Submission of petition. 1. Filing. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city secretary as one instrument. 2. Examination. Within twenty (20) days after -a petition is filed, the city secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The city secretary shall declare any petition paper entirely invalid which does not have attached thereto an $npp Na 11. 32 0 § 6.03 CHARTER § 6.03 affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures present shall be accepted unless void on other grounds. 3. Certification. (a) Procedure. After completing his examination of the petition, the city secretary shall certify the result thereof to city council at its next regular meeting. If he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the circulators of his findings. (b) Effect. When a referendum petition or amended petition has been certified as sufficient by the city • secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. c. Amendment of petition. An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the city secretary, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city secretary shall, within five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the circulators of his findings and no further action shall be had on such insufficient petition. d. Refiling not prejudiced. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. 0 Supp. No. 11 33 f e.04 I.A PORTZ CODE $ &05 6.04. Consideration of referendum or initiative by council. Whenever city council receives a certified initiative or referendum petition from the city secretary, it shall proceed at once to consider such petition and shall take final action on it within sixty (60) days after the date on which it was submitted to council. a. Initiative. A proposed initiative ordinance shall be read and provision made for a public hearing on such before the time set for final action. b. Referendum. A referred ordinance shall be considered by council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance in the referendum petition be repealed?" 6.05. Election on referendum or initiative. a. Submission to electors. If council shall fail to pass an ordinance proposed by initiative petition or shall pass it in a • form different from that set forth in the petition therefor, or if council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors on the next election day as established by the laws of the State of Texas. Council may, in its discretion, and if no regular election is • to be held on such day shall, provide for a special election. b. Form of ballot. Ordinances submitted to vote of electors in accordance with this article shall be submitted by ballot title, which shall be • prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or referred 'ordinance and shall be a clear, concise statement, without argument • or prejudice, descriptive of the substance of such ordinance. Below the ballot title shall. appear the following propositions, one preceding the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any Sum Na 11 34 • f 6.05 CHARTER 3 6.08 • paper ballot used for voting thereon shall be for that purpose only. c. Results. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent -of such conflict. 6.06. Amendment of initiative or referendum* ordi- nances. Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by council, as in the case of other ordinances. 6.07. Power of recall. • The mayor or any councilperson may be removed from office by recall. No recall petition shall be filed against the mayor or a councilperson within six (6) months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6) months after such election. 6.08. Procedure for recall petition. a. Affidavit. Any elector of the city may make and file with the city secretary an affidavit containing the name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. b. Petition blanks. Upon receipt of said affidavit, the city secretary shall deliver to said elector copies of petition blanks demanding such removal. The city secretary shall keep a sufficient number of printed petition blanks on hand for distribution. Such blanks when issued shall: 1. Be signed by the city secretary. • $upp. No. 11 35 i GAB LA PORTE CODE 1809 2. Be addressed to city council. • 3. Be numbered and dated. 4. Indicate the name of the person to whom issued. 5. Indicate the name of the officer whose removal is sought. 6. Indicate the number of such blanks issued. The city secretary shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number issued to said person. c. Return of petition. To be effective, the recall petition . must: 1. Be signed by qualified electors of the -city equal in number to at least fifty (50) per cent of those who were qualified voters and voted on the date of the last regular municipal election, and at least one-half of the qualified voters constituting such fifty (50) per cent signing the petition shall make affidavit, to be filed • with the petition, to the effect that they voted for the person whose recall is sought, in the election at which he was last elected. 2. Be returned and filed with the city secretary within thirty (30) days after the filing of the affidavit required in section 6.08a. 6.09. Recall election. a. Submission. The city secretary shall at once examine the recall petition and, if he finds it sufficient and in compliance with the . provisions of this article, he shall within five (5) days submit it to city council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice, council shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next election day as established by the laws of the State of Texas. Sapp. No. 11 36 • • g 6.09 CHARTER 1 7.01 b. Ballots. Ballots used at recall elections shall conform to the following requirements: 1. With respect to each person whose removal is sought the question shall be submitted "Shall (name of person) be removed from the office of (name of office) by recall?" 2. Immediately below each such question there shall be printed the two (2) following propositions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)." c. Results. If a majority of the votes cast at a recall election shall be against the recall of the officer named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as in other vacancies. 6.10. District judge may order election. Should city council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the Charter, then it shall be the duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the Charter. ARTICLE VII. FRANCHISES AND PUBLIC UTILITIES 7.01. Enfranchisement. a. Power of council. City council shall have power by ordinance to grant, amend, renew and extend all franchises • Supp. No. - 11 37 ! 7.01 LA PORTE CODE 17.01 of all public utilities of every character operating. within the • city.. All ordinances granting, amending, renewing or extending franchises for public utilities shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the notice and caption of such ordinance, noting the place where the. full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the official newspaper of the city, and the expense of such publication [is] to be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of council expressed by ordinance. b. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be operated as such, and shall be' subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided • in section 7.02a. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. c. Other conditions. All franchises heretofore granted are recognized as contracts between the city and the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of this Charter, except that the power of the city to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions containd in the 8upp. No. 11 38 is • § 7.01 CHARTER ! 7.02 various sections of this article whether or not such terms are specifically mentioned in the franchise. When the city chooses to exercise its power of eminent domain to acquire any public utility, the procedure to be used in such acquisition shall be as set forth in Revised Civil Statutes of Texas, Articles 3264 through 3271, inclusive. In valuing the property, the measure of damages shall be the fair market value of the physical properties taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the city in a franchise ordinance. Prior to the purchase of any existing franchised utility system, either according to the terms of the franchise or by eminent domain, city council shall submit the question of purchase to the voters of the city, and such must be approved by a majority of those voting. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of council or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. 7.02. Regulation. a. Right of regulation. All grants, renewals, extensions or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city: 1. To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. 2. To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. 0 Supp. No. 11 39 7.02 LA PORTS GODS 17.04 • 3. To establish reasonable standards of service and quality of products and prevent unjust discrimination in service of rates. 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the form of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system of accounts for said utility prescribed by the appropriate state and federal utility regulatory agencies. 5. To examine and audit the accounts and other records of any such utility at any time and to require annual and other reports, including reports on local oper- ations by each such public utility. 6. To impose such reasonable regulations and restric- tions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public. 7. To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. b. Regulation of rates and service. Council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating within the city. Such power shall be subject to the exercise of power in each area of each utility by the appropriate agencies of state and federal government. 7.03. Franchise records. Within six (6) months after this Charter takes effect, every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the city. The city shall compile and maintain a public record of public utility franchises. 7.04. Accounts of municipality -owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner. as to show the true Sum Na 11 40 • § 7.04 CHARTER § 7.06 • and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves and surplus, also revenues, operating ' expenses, including depreciation, inter- est payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. City council shall annually cause to be made by a licensed certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information specified in this section or such data as council shall deem expedient, in accordance with section 5.08. • 7.05. Franchise value disallowed. The value of the franchise granted by the city shall not be included in fixing reasonable rates and charges for utility service within the city or in determining the just compensa- tion to be paid by the city for public utility property which may be acquired by eminent domain or otherwise. 7.06. Consent of property owners. The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this Charter or in any franchise granted thereunder shall be construed to deprive any such property owner of any rights of action for damage or injury to his property as now or hereafter provided by law. • Supp. No. 11 41 f &01 i.A PORTS CODE .! &02 ARTICLE VIII. GENERAL PROVISIONS • 8.01. Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any person, any representative of a citizen's organization or any representative of the press during normal business hours, as provided in the Texas Open Records Act, Revised Civil Statutes Article 6252-17a. 8.02. Employers and officers. a. Personal financial interest. No member of city council or any officer or employee of the - city shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract or in the sale to the city, or to a contractor supplying the city, of any lands or rights of interests in any land, material, supplies or service. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any • violation of this section with the knowledge expressed or implied of the person or corporation contracting with the city shall render the contract voidable by council. b. Employment interest. No one who has been elected to city office shall be employed in a nonelective office by the city within the term for which he was elected or for one year thereafter.' c. Nepotism. No person related, within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager shall be employed or appointed to any office, position or clerkship of the city. This prohibition shall not apply, however, to any person who shall have been employed for two (2) years or more by the city at the time of the election or appointment of the officer to whom he is related. d. Bonds. Council shall require bonds of all municipal. officers and employees who receive or pay out any monies of the city. The amount of such bonds shall be determined by Sapp. Na 11 42 • § 8.02 CHARTER § 8.02 council and the cost thereof borne by the city. Council shall set the bond amount for the city manager and the director of finance at an amount not less than ten thousand dollars ($10,000.00). e. Oath of office. 1. Elected officers. Every elected officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city secretary: 961, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or • promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was, elected. So help me God." 2. Appointed officers. Every appointed officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirma- tion, to be filed and kept in the office of the city secretary: «I , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable • Supp. No. 11 43 1802 LA FORTE CODE ! 8AS thing, or promised any public office of employment, as a reward to secure my appointment or the confirmation thereof. So help me God." f. Discharge. Council shall be authorized- to discharge at any time, with or without a hearing, as council may elect, any officer, employee or clerk which it appoints. The city manager shall be authorized to discharge at any time, with or without a hearing, as the city manager may elect, any officer, employee or clerk which he appoints. g. Injuries; insurance. City council shall have authority to provide the rules and regulations for maintaining employees when injured and disabled while performing their duties, and it may provide for such plan of insurance as it deems proper. h. Pensions. City council may establish a pension plan for any employee who has been employed by the city for twenty (20) years and who shall have reached the age of fifty-five (55), or may adopt in lieu thereof any pension system available to cities under state law. The amount of said pension shall be graded and proportioned to the average salary received by the employee during the whole period of his employment. All those falling under the head of employees in this Charter -and who are employed by the city when the same takes effect shall be entitled to a credit for the years of service heretofore served; provided, however, that any payment under this provision shall never constitute a waiver or stop the city from asserting any defenses it might have under section 1.06. 8.03. Assignment, execution and garnishment of city property. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment or sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand 8upp. Na 11 0 f 8.03 CHARTER 6 8.06 or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors. 8.04. City not required to give security or execute bond. It shall not be necessary in any action, suit or proceeding in which the city is a party for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any court, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be as liable as if security of bond had been duly executed. 8.05. Effect of this Charter on existing law. All ordinances, resolutions, rules and regulations now in • force under the city government of the city and not in conflict with the provisions of this Charter shall remain in force under this Charter until altered, amended or repealed by city council after this Charter takes effect; and all rights of the city under existing franchises and contracts are preserved in full force and effect to the city, and any unissued bonds and revenue bonds, or installments thereof, heretofore authorized at an election held in said city shall not be affected by the adoption of this Charter, but the right to sell, issue and deliver same, in whole or in part, in keeping with the provisions of the laws under which they were voted is hereby expressly reserved. 8.06. Amending this Charter. a. Amendments may be proposed and submitted to the electors of the city by ordinance passed by a majority vote of the full membership of city council or by a petition signed by qualified voters of the city in number not less than five (5) per cent thereof or twenty thousand (20,000) signatures, • Supp. No. 11 45 $ &08 LA PORTE CODE Ir 8.07 whichever is less. Such petition shall in all other respects conform to the provisions of Article VI. When a properly drawn petition has been duly filed, council shall provide by ordinance for submitting such proposed amendments to a vote of the electors at an election to be held not less than thirty (30) days nor more than ninety (90) days after the passage of said ordinance. If the next regular municipal election is to be held during said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special election shall be called for the purpose. Notice of the election shall be given by publication thereof in the official newspaper on the same day in each of two (2) successive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. The form of such notice shall be as prescribed by this Charter, including a substantial copy of the proposed amendment or amend- ments. Each amendment submitted shall contain only, one subject and shall be printed separately on the ballot, each • proposed amendment being followed by designations for the voter to vote for the amendment or against the amendment. Each proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the Charter. The city secretary shall enter notice into the records of the city declaring the same adopted. b. This section is subject to the provisions of Revised Civil Statutes of Texas Annotated, Article 1170, and Election Code, Article 2.01 et seq. 8.07. Severability clause. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in Sapp. Na 11 46 • § 8.07 CHARTER § 8•09 • meaning and effect with the section or part of section to which such holding shall directly apply. 8.08. References to laws. All references within this Charter to laws of the State of Texas or of the United States are to be construed as meaning such laws as now or hereafter amended or superseded. 8.09. Approval of this Charter. a. Copies to electors. In not less than thirty (30) days prior to the election provided in subsection b., the city commission shall cause the city clerk to mail a copy of this Charter to each qualified voter of the city, as listed on the current voter registration list. b. Submission of Charter to electors. The charter commit- tee in preparing this comprehensive Charter amendment finds and decides that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and.function, it is necessary that the comprehensive amendment be adopted in its entirety. For these reasons the charter .committee directs that said amended- Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the city at an election to be held for that purpose on the 9th day of August, A80. The form of ballot to be used in such election shall be as follows: FOR THE ADOPTION OF THE AMENDED CHARTER. AGAINST THE ADOPTION OF THE AMENDED CHARTER. c. Results ; of vote for adoption. If a majority of the qualified electors voting in such election shall vote in favor of the adoption of the Charter, and after the returns have been canvassed, the city clerk shall file an official copy of the Charter with the records of the city. The city commission shall at its next meeting declare this Charter adopted. The 0 Supp. No. 11 47 f &09 IA PORTE CODE ! &10 clerk shall furnish the mayor a copy of said Charter, which copy of the Charter so adopted, authenticated and certified by his signature and the seal of the city, shall be forwarded by the mayor to the Secretary of State of the State of Texas and shall show the approval of such Charter by majority vote of the qualified voters voting at such election. 8.10. Provisions for transition. a. Tenure of officers during transition. From and after the date of the adoption of this Charter and until the completion of the first election under this Charter to be held on the first Saturday in April, 1981, and the qualification of the councilpersons therein elected, the present qualified and acting commissioners and mayor shall constitute city council. Such city council shall possess all the powers provided by this Charter. After said election and until the election to be held on the first Saturday in April, 1982, and the qualification of the councilpersons and mayor therein elected, the present qualified and acting commissioner —Position 2 shall serve as councilperion-at-large—Position A; the present qualified and acting commissioner —Position 4 shall serve as coun- cilperson-at-large—Position B; and the present qualified and acting mayor shall serve as mayor. These councilper- sons and mayor, along with the councilpersons elected and qualified as provided in subsection b, below, shall, for the duration of their terms of office, compose city council and shall possess all the powers provided by this Charter. b. Original election of mayor and councilpersons. Coun- cilpersons representing districts shall be elected at the election to be held on the first Saturday in April, 1981, for terms of office as follows: Councilperson—District 1, three-year term Councilperson—District 2, one-year term Councilperson—District 3, one-year term Councilperson—District 4; two-year term Councilperson—District 5, two-year term Councilperson—District 6, three-year term. Supp. Na 11. 48 • • § 8.10 CHARTER § 8.10 Councilpersons-at-large and the mayor shall be elected at the election to be held on the first Saturday in April, 1982, for terms of offices as follows: Councilperson-at-large—Position A, one-year term Councilperson-at-large—Position B, two-year term Mayor, three-year term. Following these terms of office, all councilpersons and the mayor shall be elected to three-year terms, according to the provisions of Article II of this Charter. • • Supp. No. 11 49 [The next page is 101) CHARTER COM PARATNE TABLE • Date Disposition 3-22-49 1- 184 4-22-58 3 4-22-58 12 4-22-58 16 8-23-69 10 8-28-69 12- 14 8-23-69 21 8-23-69 38 8-28-69 49- 66 8-23-69 83, 119 8-23-80 1.01-1.06, 2.01-2.11, 3.01--3.05, 4.01-4.06, 5.01-5.08, 6.01-6.10, 7.01-7.06, 8.01-8.10 • • 3upp. No. 11 101 EThe next page in 1051 0 CHARTER INDEX A AFFIDAVITS Section Municipal court clerk's power to administer ............ 3.04(d) ANNEXATIONS Boundaries of city, modification of ..................... 1.03 Boundaries of city. See that title City council districts Adding annexed territory to an adjacent district or districts ........................................ 2.01(b) APPROPRIATIONS. See: Finances ASSESSMENTS. See: Taxation ASSIGNMENT City property, assignment of .......................... 8.03 ATTORNEY. See: City Attorney AUDIT Required at end of fiscal year; report; notice of availability • for inspection .................................... 5.07 B BLIGHTED AREAS Rehabilitation plans for City council's power to adopt, modify and carry out ... 2.09(g) BOND ISSUES Authorizing; power of city council ..................... 2.09(b) Charter effect on unissued bonds and revenue bonds or installments thereof .............................. 8.05 City's power and authority re ......................... 5.05(b)(1) Publicsale of ........................................ 5.05(b)(3) Referendum on bond ordinance ....................... 5.05(b)(2) BONDS, SURETY OR PERFORMANCE City not required to give .............................. 8.04 Officers and employees of city ......................... 8.02(d) Officers and employees. See that title BOUNDARIES OF CITY City council districts Adding annexed territory to adjacent district or districts 2.01(b) Established .......................................... 1.02 • Supp. No. 11 1067 LA PORTS CODE BOUNDARIES OF CITY--Contd. Section Map of city City council's power to adopt and modify ............. 2.09(f) Modification of ...................................... 1.03 BUDGET OF CITY Administration of .................................... 3.01(c)(3) Adoption ............................................ 2.09(a).4.03 Attachments to ...................................... 4.01(b) Balanced budget ..................................... 4.01(c) City manager to prepare and submit to city council ..... 3.01(c)(3) City secretary Copy of adopted budget filed with ................... 4.04(a) Contentsof ........................................... 4.01(a) Copies for city offices ................................. 4.04(b) Effect of approved budget ............................ 4.05 Fiscal year defined .................................... 4.06 Message on budget from city manager ................. 4.01(b) Preparation and submission of ........................ 4.01 Public inspection, availability of proposed budget for .... 4.02 Supporting schedules, exhibits and other explanatory materials ........................................ 4.01(b) BUILDINGS Blighted areas Rehabilitation of, plans for. powers of city council ..... 2.09(g) • Slum districts Plans for clearance of; powers of city council .......... 2.09(g) C CENSUS, FEDERAL City council election districts, effect on ................ 2.01 Elections. See that title CEREMONIES Mayor as ceremonial head of city government........... 2.08 CHARTER Adoption of Results of vote favoring ...........:................. S09(c) Amendments to ...................................... 806 Approvalof .......................................... 809 Electors Copies of charter provided to; approval or disapproval ofcharter by ................................... 809. Existing law. effect of charter on ...................... &06 Severability......................................... 807 State laws, references to .............................. 808 Transitional provisions ............................... &10 United States, references to laws of ..........:......... 808 Sapp. Na 11 low • CHARTER INDEX CITY Section Boundariesof ........................................ 1.02,1.03 Boundaries of city. See that title Ceremonial head of city government; mayor ............ 2.08 Form of government .................................. 1.04 Incorporationof ..................................... 1.01 Population of Formation of city council districts, effect on .......... 2.01(b) - Powers of ........................................... 1.05 CITY ATTORNEY Appointment, compensation, removal; head of department oflaw ........................................... 3.05 Department of law Headof ........................................... 3.05 Duties.............................................. 3.05 CITY COUNCIL Budget of city. See also that title Public hearing and adoption of ...................... 4.03 Candidacy of councilpersone for other office; automatic resignation....................................... 2.04 Compensation....................................... 2.05 Composition of ...................................... 2.01 Contracts for city purchases Alterations in, authorization by council . 5.03 Council approval required for .............. 5.02 Purchasing. See that title Discharge of city officers and employees by ............. 8.02(f) Disbursement of funds Checks, vouchers or warrants Countersigning by member of city council........... 5.06 Districts Numbering and formation of ........................ 2.01 Elections. See that title Original.election of council persons .................. 8.10(b) Form of government; city council form ................. 1.04 Initiative, referendum, recall .......................... 6.01 at seq. Initiative, referendum and recall. See that title Judge of members' election and qualifications .......... 2.02(b) Mayor. See also that title Presiding at council meetings with vote ............... 2.06 Meetings Frequency .......................................... 2.07(a) Journal of proceedings; keeping; open to public inspec- tion........................................... 2.07(c) Notice of, city secretary to give ...................... 3.03 Original meeting ................................... 2.06 Presiding officer ................................... 2.08 Rules and order of business ......................... 2.07(b) • Supp. No.11 1069 LA FORTE CODE'd. CITY COUNCIL—Contd. Section Powersof ........................................... 2.09 Additional discretionary powers ..................... 2.10 Qualifications of members, council to be judge of........ 2.02(b) Removal from office by recall ......................... 6.07 Initiative, referendum and recall. See that title Residence requirement ...................... ...... 2.02(a) Resignation of councilpersons Candidacy for other office; automatic resignation ....... 2.04 Term of office ....................................... 2.01(d) . Transition provisions; composition of council ........... 8.10 Vacancies, filling ..................................... 2.0C CITY MANAGER Absence of Designating officer to perform duties during .......... 3.01(d) Appointment ........................................ 3.01(a) Budget of the city, city manager to propose and submit; budgetmessage .................................. 4.01 Departmental directors Power to appoint and remove ....................... 3.02(c) Disability of Designating officer to perform duties during .......... 3.01(d) Discharge of city officers and employees by .............. 8.02(f) Disbursement of funds Signature required on checks, vouchers or warrants .... 5.06 Duties .............................................. 3.01(c) Qualifications ........................................ 3.01(a) Salary............................................... 3.01(b) Term of office ....................................... 3.01(b) CITY SECRETARY Appointment of, duties ............................... 3.03 Damage suits against the city r Special provisions for, notifying secretary ............. 1.06 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Ordinances, passage of Notice given by city secretary; signature authenticating 2.11(a) CITY TAX ASSESSOR -COLLECTOR Board of equalization Ex officio member of ............................... 6.01(b) Taxation. See that title Division of taxation, head of .......................... 5.01 Taxation. See that title CLAIMS AGAINST THE CITY Special provisions for damage suits .................... 1.06 Sapp. No. 11 1070 • • . CHARTER INDEX CODE OF ORDINANCES City council's power to authorize codifications .......... CONDEMNATION Power of city; condemnation of property; eminent domain CONTRACTS Franchises recognized as .............................. Franchises. See that title Power of city to enter into ............................ Purchasing. See that title CORPORATE SEAL Power of city to use .................................. COUNCIL. See: City Council COURTS Codifications of ordinances Admissible as evidence in courts ..................... Municipal court. See that title D DAIRIES Power of city to inspect ............................... DEPARTMENTS AND OTHER AGENCIES OF CITY • City council's power to create or abolish ................ Consolidation or redesignation of ...................... Creation of administrative departments ................ Directors (heads) of departments Appointment and removal of; supervisory and control functions of .................................... Authority to appoint and remove subordinates ........ Estimates of revenue and expenditures and other supporting data supplied by ..................... Requisitions from for purchases and contracts executed bycity ......................................... Divisions of departments ............................. Heads of departments. See within this title: Directors Housing authority. See that title Inquiries into conduct of Power of city council ............................... Law, department of. See: City Attorney Library, public. See that title Records and accounts of Public access to .................................... Taxation; board of equalization ........................ Taxation. See that title Zoning commission and zoning board of adjustment. See: Zoning • Supp. No.11 1071 Section 2.11(a)(2) 1.05(b) 7.01(c) 1.05 1.05(b)(5) 3.02(a) 3.02(b) 3.02(a) 3.02(c) 3.01(c)(2) 4.01 5.02 3.02(d) 2.09(c) 8.01 5.01(b) LA FORTE CODE • DEVISES � Section Power of city to dispose of property ................... 1.05 DISTRICT JUDGE Initiative, referendum and recall ....................... 6.10 Initiative, referendum and recall. See that title B ELECTIONS Applicability of regulations ........................... 2.03(a) Ballots Official ballots, printing of candidates' names on without party designations ....................... 2.04(d) Recount in case of doubt or fraud .................... 2.03 Candidates Filing for office .................................... 2.04(c) Resignation of mayor or councilpersons Candidacy for other office as grounds for ........... 2.04 Canvassing returns and declaring results ............... 2.04(e) Census, federal Effect on election districts for city council ............ 2.01 Charter Amendments to, elections for ........................ 6.06 Charter Submission to electors for approval or disapproval..... 8.09 City council candidates Separate election of; designation on ballot; majority vote; run-off elections; tie votes .................. 2.01(c) Conduct of .......................................... 2.03 Councilpersons-at-large, election of .................... 2.01 Franchise utility system Voter decision on purchase of ....................... 7.01 Franchises. See that title Fraud, prevention of .................................. 2.03 Initiative, referendum and recall ....................... 6.01 at seq. Initiative, referendum and recall. See that title Majority vote Successful candidates receiving ...................... 2.01(c) Recount of ballots in case of doubt or fraud ............ 2.03 Run-off elections, holding ............................. 2.01(c) Schedule of regular and special elections ............... 2.03(b) Special elections ............. ... . ............... 2.03(b) Tie votes, second election to decide .................... 2.01(c) Voters and voting Majority vote decides successful candidates........... 2.01(c) Tie votes, second election to decide .................. 2.01(c) Supp. No.11 1072 is CHARTER INDEX EMERGENCIES Section Contracts for city purchases, alterations in ............. 5.03 Purchasing. See that title Mayor to command police, maintain order and enforce law during........................................... 2.08 EMINENT DOMAIN Power of city ........................................ 1.05(b) Utility property, right of city to acquire ................ 7.01(c) Franchises. See that title EMPLOYEES OF CITY. See: Officers and Employees F FINANCES Appropriations Contingent appropriations Power of city council re ........................... 2.09(k) Initiative of electors; proposing ordinances Exclusion of ordinances appropriating money ....... 6.01 Initiative, referendum and recall. See that title Lapse of appropriations at end of year ............... 5.08 Assessments Property tax, method of assessment of ............... 5.01 • Taxation. See that title Audit Certified public accountant to perform; report; public notice of availability for inspection ............... 5.07 Bond issues. See that title Borrowing Negotiable notes; capital improvements .............. 5.05 Budget of the city ............................... 2.09(a), 4.01 et seq. Budget of the city. See that title Capital improvements Borrowing power and authority of city; bond issues .... 5.05(b) City manager Annual report on finances, etc.; advising city council on financial condition and future needs of city ....... 3.01(c)(4), (5) Classification of revenue and expenditure accounts ...... 4.01(c) Department of Division of taxation Established; head ................................. 5.01 Fees for city services, payment to department ......... 5.04 Disbursement of funds Checks, vouchers or warrants for withdrawal of funds Signatures required ............................... 5.06 Expenditure of funds or contracting indebtedness Ordinance required for .............................. 2.11(b) • Supp. No.11 1073 LA PORTS CODE �. FINANCES—Cont'd. Section Feespaid to city ..................................... 5.04 Fiscal year .......................................... 4.06 Budget of city in effect for .......................... 4.03(d) Ordinance required to expend funds or contract indebted - now............................................. 2.11(b) Public utilities, city -owned and operated Annual report of financial results .................... 7.04 Municipally -owned utilities. See: Franchises (Public utilities) Report, annual, on finances and administrative activities of city ........................................... 3.01(c)(4) FINES, FORFEITURES AND OTHER PENALTIES Municipal court costs and fines ' Imposition, payment and use of ...................... 3.04(e) Ordinance required to establish fine or other penalty .... 2.11(b) FIRE LIMITS City council's power to establish and designate and to regulate building construction within ............... 2.09(i) FIRE PREVENTION Fireproof buildings City council's power to provide for erection of......... 2.09(i) FISCAL YEAR • Finances. See that title FRANCHISES (Public utilities) City council Power to grant, amend, renew and extend franchises... 7.01(a) Rates and service, power to regulate ................. 7.02(b) Consent of property owners ........................... 7.06 Contracts between city and grantee Prior franchisss recognized as ....................... 7.01(c) Elections Voter decision on purchase of existing franchise utility systems........................................ 7.01(c) Eminent domain Right of city to acquire utility property .............. 7.01(c) Extensions of public utilities within the city limits ...... 7.01(b) Municipally -owned utilities, accounts of ................ 7.04 Nontransferability;exception .......................... 7.01(a) Prior franchises recognized as contract between city and grantee .......................................... 7.01(c) Property owners, consent of ........................... 7.06 Rates City council's power to regulate ...................... 7.02(b) Records............................................. 7.03 Supp, No.11 1074 0 CHARTER INDEX • FRANCHISES—Cont'd. Section Regulatory right of city ............................... 7.02 Service City council's power to regulate ...................... 7.02(b) Value of franchise disallowed .......................... 7.05 GARBAGE AND TRASH Power of city to prescribe rules and regulations for handling, disposition, charges and compensation..... 1.05(b)(4) GARNISHMENT City property, garnishment of ......................... 8.03 GIFTS Power of city to acquire property ...................... 1.05 H HEALTH AND SANITATION Hospital. See that title HOSPITAL Board City council's power to create and to establish compen- sation .......................................... 2.10(b) Finances 2.10(b)(2) HOUSING AUTHORITY City council's power to create and regulate and delegate powers .......................................... 2.10(d) I IMPROVEMENTS Capital improvements City's power and authority to borrow money for; issuance of bonds ............................... 5.05(b) Street improvements Exclusive dominion, control and jurisdiction of city.... 1.05(2)(b) INCORPORATION City, incorporation of ................................. 1.01 INITIATIVE, REFERENDUM AND RECALL Amendment of initiative or referendum ordinances ...... 6.06 City council Consideration of referendum or initiative by .......... 6.04 Failure or refusal to order initiative or referendum elections ....................................... 6.10 • Supp. No.11 1075 LA PORTE CODE • INITIATIVE, REFERENDUM AND RECALL —Coned. Section City secretary Recall petitions Issuance of petition blanks; return and examination of petitions by secretary ....................... 6.08(b), (c) Referendum and initiative petition's Filing of petitions for referendum or initiative; examination by secretary; certification; amend- ments........................................ 6.03(b) District judge Ordering elections............ ................... 6.10 Election City council Failure or refusal to order elections; power of district judge........................................ 6.10 District judge may order ............................ 6.10 Recall election ...................................... 6.09 Referendum or initiative ............................ 6.05 Petitions Procedure for initiative or referendum petitions ....... 6.03 Power of initiative ................................... 6.01 Power of recall ....................................... 6.07 Power of referendum ................................. 6.02 Proposing ordinances; power of initiative ............... 6.01 Recall 6.09 • Election ........................................... Petitionfor ........................................ 6.08 Powerof .......................................... 6.07 INSURANCE Officers and employees, insurance for injuries or disability 8.02(g) Officers and employees. See that title J JUDGE District judge ........................................ 6.10 Initiative, referendum and recall. See that title Municipal judge. See: Municipal Court L LA PORTE, CITY OF. See: City LEASES Power of city to acquire and dispose of property ........ 1.05 LIBRARY, PUBLIC Department of city, public library deemed to be ........ 2.10 Power of city council to establish and maintain ......... 2.10 Supp. No. 11 1076 • CHARTER INDEX • M MANAGER. See: City Manager Section MAP OF CITY City council's power to adopt and modify .............. 2.09(f) MAYOR Absence of mayor Mayor pro tam to act as mayor ...................... 2.08 Candidacy for other office; automatic resignation of mayor........................................... 2.04 City council. See also that title Compensation ....................................... 2.05 Disability of Mayor pro tem Acting mayor in case of absence or disability of mayor....................................... 2.08 Duties .............................................. 2.08 Elections Original election of ................................. 8.10(b) Form of government; mayor and council ................ 1.04 Ordinances Signature authenticating ............................ 2.11(a) Removal from office by recall ......................... 6.07 • Initiative, referendum and recall. See that title Residence requirements ............................... 2.02(a) Signature to authenticate ordinances ................... 2.11(a) Term of office ....................................... 2.01(d) Vacancies Filling............................................. 2.04 Mayor pro tem to act as mayor ...................... 2.08 MILITARY LAW Mayor recognized as head of city government for purposes of............................................... 2.08 MORTGAGES Power of city to dispose of property ................... 1.05 MUNICIPAL COURT Clerk of court Appointment of clerk and deputy clerks; powers ...... 3.04(d) Costs and fines imposed by Payment and use of ................................ 3.04(e) Established; powers and duties ........................ 3.04(a) Fines. See within this title: Costs and Fines Judge Alternate judge .................................... 3.04(c) Appointment of; qualifications; compensation ......... 3.04(b) • Supp. No. 11 ' 1077 LA PORTS CODE . • MUNICIPAL COURT—Cont'd. Section Seal of Court clerk's power to affix ......................... 3.04(d) N NEPOTISM Officers and employees of city ......................... 8.02(c) Officers and employees. See that title NEWSPAPERS Annual audit, announcement of availability for inspection 5.07 Codification of ordinances Newspaper publication not required .................. 2.11(a)(2) Official newspaper of the city Ordinances, announcements of passage of ............. 2.11 NUISANCES Power of city to define and prohibit ................... 1.05(b)(5) O OATH, AFFIRMATION, SWEAR OR SWORN City council investigations; power to administer oaths ... 2.09(c) Elected and appointed officers of city; oath of office required 8.02(e) Municipal court clerk's power to administer oaths and of..........................:............. 3.04(d) OFFICERS AND EMPLOYEES Appointments City manager's power to make ....................... 3.01(c) Heads of departments Authorisation to appoint subordinates .............. 3.01(c)(2) Assignment of wages or funds of employees ............. 8.03 Bond, surety or performance required .................. 8.02(d) City attorney. See that title City secretary. See that title Conflict of interest ................................... 8.02(a) Discharge of .......................................... 8.02(f) Elected officials Employment in nonelective city offices ............... 8.02(b) Financial interest in contracts or firms doing business with the city prohibited ............................ 8.02(a) Injured persons Rules and regulations for maintaining; providing insur- ance ..................................... 8.02(g) Inquiries into conduct of City council powers to subpoena witnesses, administer oaths and compel production • of books, papers and other evidence .................................. . 2.09(c) Sum No. 11 1078 • • CHARTER INDEX OFFICERS AND EMPLOYEES—Cont'd. Section Insurance Injured and disabled employees, insurance for ........ 8.02(g) Municipal judge and municipal court clerk. See: Municipal Court Nepotism ........................................... 8.02(c) Oath of office Sample forms for elected and appointed officials ...... 8.02(e) Pensions and retirement City council's power to establish pension plan; eligibility of employees ................................... 8.02(h) Removal City manager's power ............................... 3.01(c) Heads of departments Authorization for removal of subordinates .......... 3.01(c)(2) Transitional provisions after adoption of charter Tenure of officers during ............................ 8.10 ORDINANCES, RESOLUTIONS, ETC. Additional ordinances ................................ 2.11(b) Bond ordinance Authorizing issuance of bonds; power of city council ... 2.09(b) Referendum on ..................................... 5.05(b)(2) Bond issues. See that title • City secretary Signature for authentication of ordinances; recording .. 3.03 Codifications ........................................ 2.11(a)(2) Enacting clause ...................................... 2.11(c) Existing law, effect of charter on ...................... 8.05 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Mayor Signature authenticating ordinances .................. 2.11(a) Passage of ordinances ................................ 1.05,2.11(a) Signatures authenticating ............................. 2.11, 3.03 P PARKS AND RECREATION Power of city to police parks or grounds ................ 1.05(b)(5) PENSIONS AND RETIREMENT Officers and employees of city ......................... 8.02(h) Officers and employees. See that title PERSONAL INJURY Claims against city for ................................ 1.06 PETITIONS Charter amendments, petitions for ..................... 8.06 Initiative, referendum and recall ....................... 6.01 st seq. • Initiative, referendum and recall- See that title Supp. No.11 1079 I.A PORTS CODE - PLANNING COMMISSION Section City ommeirs power to establish and appoint members .. 209(d) Disasters causing destruction of areas or districts Replanning, reconstruction or redevelopment of. adop- lion, modification and • ezecution of pleas by city 209(h) council.............................. .......... Neighborhoods, replanning, improvement and redevelop- ment of; adoption, modification and execution of pleas bycity council ................................... 2.09(h) Slum districts and blighted areas Plans for clearance and rehabilitation City council's power to adopt, modify and carry out . 2.09(g) PLATS AND PLAT ITNG . City counciPs power to adopt plate .................... 2.09(e) PLEAS Power of city to implead and be impleaded ............ 1.05 POLLUTION water supply of city Power of city to prohibit pollution of streams, drains or tributaries and provide for policing ............... 1.05(b)(8) POPULATION OF CITY City council district Balancing population of.. ... 201(b) • Density of population. city cwmcil's power to regulate ... 110(c) PROCESS. See: writ, warrant and Other Process PROFESSIONAL SERVICES Contract for by city Competitive bidding Prohibited ...................... &02 PROPERTY City -owned property Assignment, siscution and garnishment of ............ &08 City's power to acquire and dispose of .................. 1.05 Public utility construction. extension, maintenance or operation Consent of abutting and adjacent property owners not required far, rights of action for damage or injury - . 7.06 Taxation. See that title PUBLIC DANGER Mayor to command police, maintain order and enforce law during........................................... 2.08 PUBLIC UTILITIES. See: UdHties Bum No.11 low . • CHARTER INDEX PURCHASING Section Bids and bidding Contracts or purchases valued at over three thousand dollars Competitive bidding required for ................... 5.02 Contracts Alterations in ....................................... 5.03 Approval.......... . ............................. 5.02 Power of city to acquire property ...................... 1.05 Professional services, contracts for Competitive bidding prohibited ...................... 5.02 Requisitions for purchases made by city ................ 5.02 R REAL ESTATE Taxation. See also that title Liens on taxable property ........................... 6.01(c)(2) RECALL Initiative, referendum and recall ....................... 6.01 at seq. Initiative, referendum and recalL See that title RECORDS, PUBLIC Departments and other agencies of city Public access to records and accounts of .............. Departments and other agencies of city. See that title 8.01 Franchise records .................................... 7.03 Franchises. See that title RECREATION. See: Parke and Recreation REFERENDUMS Bond ordinance, referendum on ....................... 6.05(b)(2) Bond issues. See that title Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title RESOLUTIONS. See: Ordinances, Resolutions, Etc. S SANITATION. See: Health and Sanitation SEAL. See: Corporate Seal SECRETARY. See: City Secretary SEWERS. See: Water and Sewers SIDEWALKS. See: Streets and Sidewalks • Supp. No.11 1080.1 LA PORTS CODE SLAUGHTERHOUSES AND PENS Section Power of city to inspect ............................... 1.05(b)(5) SLUM DISTRICTS Plans for clearance of City council's power to adopt, modify and carry out ... 2.09(g) STATE Cooperation with; power of city ....................... 1.05(a) Zoning; state statutes adopted ......................... 2.10(c)(3) STREETS AND SIDEWALKS City's power to establish, widen, alter, close, abolish, supervise, maintain and improve, etc ................ 1.05(b)(2) Improvements Power of city; dominion, control and jurisdiction over streets, etc ...................................... 1.05(b)(2) SUBPOENAS City council investigations Power to subpoena witnesses ........................ 2.09(c) SUITS, ACTIONS AND OTHER PROCEEDINGS Damage suits against the city, special provisions for ..... 1.06 Power of city to sue and be sued ...................... 1.05 Security or bond, city not required to give or execute in suits, etc ......................................... 6.04 • T TAXATION Assessments City council's power to approve assessment rolls and adopt same ..................................... 2.09(j) Board of equalization Assessment rolls returned by, approval and adoption of 2.09(j) Membership; compensation; powers and duties; records; public hearing and notice ........................ 5.01(b) Budget of city. See also that title Property tax levy determined in ..................... 4.05 Division of taxation Established; head .................................. 5.01 Initiative of electors; proposing ordinances Tax levy ordinance excluded ........................ 6.01 Liens on taxable property ............................. 5.01(c)(2) Notes authorized in anticipation of tax or revenue collection ........................................ 5.05(a) Payment of taxes When due and payable; tax liens ..................... 5.01(c) Sapp No 11 • 1080.2. - CHARTER INDEX • TAXATION—Contd. Section Property tax Assessment of, method of ........................... 5.01(a) Budget of the city, determination of property tax levy by 4.05 Notes authorized in anticipation of collection of ....... 5.05(a) TEXAS, STATE OF. See: State TRASH. See: Garbage and Trash U UNITED STATES GOVERNMENT Cooperation with; power of city ....................... 1.05(a) UTILITIES Eminent domain power of city; acquisition of public utilities .......................................... 1.05(b) Franchises ........................................... 7.01 et seq. Franchises. See that title W WATER AND SEWERS Sewers and sewage disposal City's power to provide system and require connections 1.05(b)(3) • Water supply and distribution Pollution of water supply Power of city to prohibit pollution of streams, drains or tributaries and provide for policing and protection of watersheds ....................... 1.05(b)(5) WRITS, WARRANTS AND OTHER PROCESS Mayor recognized by courts for civil process ............ 2.08 Z ZONING Board of adjustment Establishment of; duties ............................ 2.10(c)(2) City council's power to regulate dimensions and location of buildings and other structures, size of yards and open spaces, density of population and uses ......... 2.10(c) Commission Establishment of; duties ............................ 2.10(c)(2) State statutes re Adopted ........................................... 2.10(c)(3) Zoning board of adjustment. See within this title: Board of Adjustment Zoning commission. See within this title: Commission INSupp. No.11 1080.3 _0 CHARTER CITY OF LA PORTE, TEXAS This pamphlet is a reprint of the Charter of the City of La Porte, Texas, published by order of the City Council. MUNICIPAL CODE CORPORATION Tallahassee, Fla. 1985 0 0 CHARTER* Art. I. Incorporation; City Powers, §§ 1.01-1.06 Art. II. City Council, §§ 2.01-2.11 Art. III. Administration, §§ 3.01-3.05 Art. IV. Budget, §§ 4.01-4.06 Art. V. Finance Administration, §§ 5.01-8.08 Art. VI. Initiative, Referendum and Recall, §§ 6.01-6.10 Art. VII. Franchises and Public Utilities, §§ 7.01-7.06 Art. VIII: General Provisions, §§ 8.01-8.10 ARTICLE L INCORPORATION; CITY POWERS 1.01. Incorporation. The inhabitants of the City of La Porte within the boundaries as now established or as hereafter established in the manner provided by law shall continue to be a body politic and corporate and be known by the name of the City of La Porte. • 1.02. City boundaries. The boundaries and limits of the city shall be the same as have heretofore been established and now exist, which boundaries and limits were originally shown on the map recorded in Volume 8, Page 16, Map Records of Harris County, Texas, and as modified by subsequent annexations and disannexations. 1.03. Modification of city boundaries.. The city council shall have power by ordinance to fix the boundary limits of the city and to provide by ordinance for the extension of said boundary limits, by the annexation of *Editor's note —The home rule Charter of La Porte, as adopted at referendum Aug. 23, 1980, is included herein, substantially as enacted. A uniform style of capitalization, punctuation and indention has been employed, in a format similar to that of the Code portion of this volume, but no substantive changes have been made. Obvious typographical errors have been corrected. As amendments are enacted, they will be denoted by adding an historical citation, in parentheses, at the end of the affected section. • Supp. No. 11 1 1 1.03 LA PORTZ CODZ 11.04 additional territory lying adjacent to the city, the disannex- ation of territory within the city and the exchange of territory with other cities and towns, all with or without the consent of the inhabitants in such territory or the owners thereof, provided that the foregoing powers shall be exercised by the council in a manner consistent with, and the council shall comply with, the procedural rules, requirements and limitations prescribed by any law applicable to cities operating under charters adopted or amended pursuant to Article XI, Section 5 of the Constitu- tion of the State of Texas, otherwise known as home rule cities, including Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). The following methods of annexation may be used: (a) Petition. The residents of any land contiguous and adjacent to the city may request the annexation of such land. Such request shall be made by a petition in writing which is signed by a majority of the residents of such land, addressed to city council and filed with the city secretary. Within thirty (30) days of the filing • of such petition, city council shall hear the petition and any arguments for or against it and shall accept or refuse the petition as council sees fit. If the petition is accepted, council shall by proper ordinance annex such land. (b) Otherwise. The city may annex territory by use of any of the means provided in Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). 1.04. Form of government. The governing body of the city shall be a council composed of the mayor and eight (8) councilpersons, to be known as the' city council of the City of La Porte, hereinafter called city council.. The members of city council shall be elected ' from the city in the manner prescribed elsewhere in this Charter. Supp. Ida 11 2 0 1.05 CHARTER § 1.05 1.05. Powers of the city. a. Generally. The city shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of the State of Texas together with all the implied powers necessary to carry into execution the powers granted. The city may acquire property within or without its corporate limits for any city purpose in fee -simple title or any lesser interest or estate by purchase, gift, devise, lease or condemnation and may sell, lease, exchange, mortgage, hold, manage and control such property as its interest may require; and, except as prohibited by the Constitution of this state or restricted by the Charter, the city may exercise all municipal powers, functions, rights, privileges and immuni- ties of every name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract; may implead and be impleaded in all courts concerning all matters; may cooperate with the government of the United States and of the State of Texas or any agency or political subdivision thereof to accomplish any lawful purpose; 'and • may pass such ordinances as may be expedient for maintaining the city's peace and welfare and for the performance of its functions. b. Enumerated powers. Without limitation of the foregoing powers, the following are enumerated for greater certainty: 1. Eminent domain. The city shall have the full power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or by the Constitution and laws of ,the State of Texas. This power shall include the power to. acquire any public utility operating with or without a franchise and furnishing a public service. The city may exercise its condemnation power in any manner authorized or permitted by the constitution and laws of this state. The power of eminent domain hereby conferred shall include the right of the city to take fee -simple title in land so condemned and such power and authority shall include the right to condemn property for such purposes. The city shall have and possess the power • Supp. No. 11 3 1.05 LA PORTS CODE 1.05 of condemnation for any municipal or public purposes • even though not specifically . enumerated in this Charter. 2. Streets. (a) Powers. The city shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and all vendors, showcases and encroachments of every nature or character upon any of said streets and sidewalks. (b) Improvements. The city shall have exclusive dominion, control and jurisdiction in, upon and over and under the public streets, avenues, alleys and highways of the city, and may provide for the • improvement thereof of paving, repaving, raising, draining or otherwise. The provisions of Revised Civil Statutes of Texas, Article 1105b are express- ly adopted and made a part of this Charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the city shall ' also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property. 3. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system, to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sewerage service, providing rules and regulations for the collection thereof, and to provide for rendering alien against any property Sapp. Na 11 4 0 g 1.05 CHARTER 1 1.05 owner's premises who fails or refuses to make sanitary sewer connections after due notice and to charge a cost against said owner and make it a personal liability. 4. Garbage disposal. City council shall by ordinance adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash and rubbish within the city and shall fix charges and compensation to be charged by the city for the removal of garbage, trash and rubbish, providing rules and regulations of the collection thereof. 5. Nuisances, etc. The city shall have the power to define all nuisances and prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet; have power to police all parks or grounds, speedways, or boulevards owned by said city and lying outside of said city, to prohibit the pollution of any stream, drain or tributaries thereof, which may constitute the source of water supply of any city and to provide for policing the same as well as to provide for the protection of any watersheds and the policing of same, to inspect dairies, slaughter pens, and slaughterhouses inside and outside the limits of the city, from which meat or milk is furnished to the inhabitants of the city. c. General powers adopted. The enumeration of the particular powers in this Charter shall not be held or deemed to be exclusive but in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers; the city shall have and may exercise all power of local self-government and all other powers which, under the Constitution and laws of the State of Texas, it would be competent for this Charter specifically to enumerate. The city shall have and may exercise all the powers enumerated in Revised Civil Statutes of Texas, Article 1175. • Supp. No. 11 5 1 1.06 1 A PORTS CODE f 201 1.06. Special provisions for damage suits. Before the city shall be liable to damage claim or suit for personal injury or death or damage to property, the person who is injured or whose property is damaged or someone in his behalf or his personal representative in cases of death shall give the city secretary notice in writing within thirty (30) days after the occurring of the alleged injury, death or damage stating specifically in such notice when, where and how the injury, death or damage was sustained and setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury, death or damage. No action at law for damage shall be brought against the city for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice hereinabove described has been filed with the city secretary. After the expiration of sixty (60) days aforementioned, the complainant may then have two (2) years in which to bring an action of law. • ARTICLE II. CITY COUNCIL 2.01. Composition of city council. a. Members of council. City council shall be composed of a mayor and eight (8) councilpersons. The positions of councilpersons shall be designated as follows: Councilperson—District 1 Councilperson—District 2 Councilperson—District 3 Councilperson—District 4 Councilperson—District 5 Councilperson—District 6 Councilperson-at-large—Position A Councilperson-at-large—Position B. The mayor and the two (2) councilpersons-at-large shall be elected by a majority vote of the city at large. The city shall be divided, as described below in subsection b, into six Sum No. 11 6 • § 2.01 CHARTER ! 2.01 (6) districts, Districts 1, 2, 3, 4, 5 and 6, and one councilperson shall be elected from each district by majority vote of the resident voters of such district. b. Formation of districts. City council shall divide the city into six (6) districts which are reasonably compact, contiguous and of as nearly equal population as practicable. It shall be the duty of city council to establish the boundaries of six (6) districts covering the entire city for the purpose of electing district councilpersons. Such boundaries shall be established by ordinance, which shall be final for purposes of this Charter. The first such establishment shall be made as soon as practicable prior to the first city election following adoption of this section. Any subsequent estab- lishment shall be made when required by this Charter. Promptly following the addition of territory to the city by a boundary change, the city council shall, by ordinance, add such territory to an adjacent district or districts. • Immediately following publication of the 1980 federal census, and at least every five (5) years thereafter, city council shall conduct an investigation and determine the population of the city and the population of each of the districts from which district councilpersons are to be elected. Each such determination shall be based upon the best available data, including, but not limited to, the most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final determination for purposes of this Charter. After any such determination, if the distribution of population among the various districts is determined by city council to be materially unbalanced, the city council shall establish new boundaries for the election of district councilpersons. c. Election. All candidates for city council shall be voted on and elected separately for positions and districts on said city council, and each candidate shall be designated on the official ballot according to the title of such position or district to which he seeks election. 0 Supp. No. 11 201 1 A PORTE CODE 12.03 Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate shall be. elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast for all the candidates for such office, the city council shall call a run-off election to be held not less than twenty-one (21) days nor more than thirty (30) days after the regular election, at which run-off election the two (2) candidates receiving the highest number of votes shall be voted for again. In the event of a tie in the vote for the two (2) leading candidates, at the regular election, the city council shall hold a second election not less than twenty-one (21) days nor more than thirty (30) days after the regular election, at which said second election the candidates 'receiving such tie votes shall be voted for again. d. Term of office. The mayor and councilpe'rsons shall each hold their respective offices for a term of three (3) years and until their successors shall have been elected and duly qualified. 2.02. Qualifications. • a. Enumerated. The mayor and councilpersons shall be resident electors of the city at the time of filing for office, and continuously during their terms of office. A district councilperson shall also be a resident of his district at the time of filing for office and continuously during his term of office. b. Council to be judge of members' qualifications. City council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of council in any such case shall be subject to review by the courts. 2.03. Conduct of elections. a. Regulations. All city elections shall be governed by the laws of the State of Tezas..In the event there should be any failure of the general laws or this Charter to provide for Sum Na 11 8 • $ 2.03 CHARTER § 2.04 • some feature of the city elections, city council shall have the power to provide for such deficiency, making all regulations it considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this Charter, with any regulations made by council or the laws of the State of Texas. No informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the Charter and ordinances of the city. b. Schedule. 1. Regular election. The regular election for choice of members of council shall be held annually on the first Saturday of April. • 2. Special election. Council may be ordinance or resolution 'order a special election, fix the time for holding same and provide necessary means. 2.04. Vacancies in city council. a. Candidacy elsewhere. If the mayor or any council person shall announce his candidacy, or shall in fact become a candidate, in any general, special or primary election for any office of profit or trust under this Charter or the laws of Texas or the United States, other than the office he has held, at any time when the unexpired term of the office then held shall exceed one year, such announcement or such candidacy shall constitute an automatic resignation of the office then held. b. Procedure. When a vacancy occurs for any reason in the office of mayor or councilperson, council shall call a special election within one hundred twenty (120) days. At said election the vacant office or offices shall be filled under the provisions of this Charter. • 3upp. No. 11 9 1$A4 1 A PORTS CODE • I L04 c. Filing for office. Each candidate for public office must: 1. Be a qualified voter in the city. 2. File sworn application with the city secretary at least thirty (30) days prior to the election date. 3. Post the required filing fee: For mayor: Not to exceed the sum of one hundred dollars ($100.00). For councilperson: Not to exceed the sum of fifty dollars ($50.00). The filing fees shall be used to defray the cost of the election and said fee shall be prorated and any surplus shall be refunded to said candidates. In lieu of posting such fee, a candidate may submit a petition requesting that his name be placed on the ballot. Said petition shall bear a number of signatures of qualified electors who are residents of the city, which number shall not be less than five (5) .per cent • of the total vote cast at the most recent regular election in which a councilperson was.elected or fifty (50), whichever is the lesser number. Each signer shall indicate his address and the number and county of his voter registration certificate. 4. File for only one city office. d. Official ballots. The full names of all candidates for mayor or council as hereinbefore provided, except such as may have withdrawn, died ,or become ineligible,. shall be printed on the official ballots without party designations. If two (2) candidates with the same surnames, or with names so similar as to be likely to cause confusion, file for office, their occupations or the addresses of their places of residence shall be placed with their names on the ballots. The order of the names on the ballot shall be determined by lot. e. Canvassing elections. Returns of the elections, general and special, shall be made by the election officers to council Sum Na 11 10 0 1 2.04 CHARTER 9 2.08 promptly following said election, at which time council shall canvass and declare the results of such election. 2.05. Compensation. Each councilperson and the mayor shall receive for his services a salary in an amount determined by the council, not to exceed the sum of twenty-four hundred dollars ($2,400.00) per year for the mayor, and twelve hundred dollars ($1,200.00) per year for each councilperson. 2.06. Original meeting of new council. On the first Monday next following the regular municipal election held on the first Saturday of April, or as soon thereafter as practicable, city council shall meet at the usual place for holding meetings, and the newly elected members shall qualify and assume the duties of office. At such meeting council shall select one of its members to serve as mayor pro tem, who shall serve for a one year term and until his successor is appointed and has qualified. • 2.07. Meetings. a. Frequency. City council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of council shall be open.to the public; special meetings shall be called by the city secretary upon request of the mayor or three (3) councilpersons. b. Rules. City council shall determine its own rules and order of business. c. Journal. City council shall keep a journal of its proceedings. Such journal shall be open to public inspection. 2.08. Duties of mayor. The mayor shall preside at meetings of council and shall be entitled to vote upon all matters it considers. The mayor shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by 0 8upp. No. 11 11 12.08 LA PORTE CODE 12.09 this Charter and the ordinances of the city. He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for civil process, and by the government for purposes of military law. In times of public danger or emergency, the mayor shall take command of the police, maintain order and enforce the law. If a vacancy occurs in the office of mayor or in the case of his absence or disability, the mayor pro tem shall act as mayor until a successor is elected and has. qualified or until the mayor is again able to assume his duties of office. 2.09. Powers of council. All powers of the city and the determination of all matters of policy shall be vested in city council. Council shall execute the' laws and administer the government of the city. Without limitation of the foregoing and among the other powers that may be exercised by council, the following are hereby enumerated for greater certainty: a. Adopt budget of the city. b. Authorize the issuance of bonds by a bond ordinance. • c. Inquire into the conduct of any office, department, agency or officer of the city and make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. .Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misde- meanor and shall be punishable by fine. Council shall enact an ordinance to enforce this provision. d. Establish and appoint the members of the planning commission. e. Adopt plats. f. Adopt and modify the official map of the city. g. Adopt, modify and carry out plans* proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. Sapp Na 11 12 • § 2.09 CHARTER 3 2.10 h. Adopt, modify and carry out plans proposed by the planning commission for the replanning, improve- ment and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. i. Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings calculated to increase the fire hazard and the manner of their removal or destruc- tion. j. Approve assessment rolls as returned to it by the board of equalization and adopt same as the assessment rolls to be used for the collection of taxes for the current year. k. Control and distribute all contingent appropriations. Expenditures from a contingent appropriation shall require prior approval of council. A contingent appropriation shall be disbursed only by transfer to a departmental appropriation, the spending of which shall be charged to the department or activity for which the appropriation is made. 2.10. Additional discretionary powers. In addition to the above powers and without limitation of such, city council shall have the power to, and may at its discretion, do any or all of the following: a. Public library. Council shall have the authority to establish and maintain a free public library within the city and to cooperate with any person, firm, associa- tion or corporation under such terms as council may prescribe for the establishment of such free public library. For budget purposes, the library shall be considered as a department of the city and the • 9uM No.11 13 1 %10 LA PORTE CODE 02.10 appropriations therefor shall comply with all the budgetary requirements as outlined in this Charter and as may be prescribed from time to time by council. b. Hospital. 1. Operation. The city shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise, all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospi- tal. Upon establishment of such hospital, council shall create a hospital board with membership and compensation deemed appropriate by council, which shall operate the hospital subject only to such direction and supervision as shall be contained in any ordinance or ordinances enacted by council. 2. Finances. All funds belonging to said hospital, whether classed as funds received in course of operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the city for general operating purposes with the express consent of the hospital board. The hospital board shall submit a quarterly operating statement to council, and an annual audit to coincide with the fiscal year of the city. c. Zoning. 1. Power. For the purposes of promoting the health, safety, morals or general welfare of the city, council may by ordinance regulate the - location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence and other purposes. Sow No. 11 14 0 § 2.10 CHARTER § 2.10 2. Procedure. Should council enact regulations under subsection 1. above, it shall establish a zoning commission and may establish a zoning board of adjustment. (a) Zoning commission. (1) The zoning commission shall recommend to council the location of zoning districts and restrictions therein, and shall hold public meetings on such recommenda- tions. (2) Commission members shall receive such compensation as council may deem appro- priate. (3) Council may combine the duties of said commission with the duties of the plan- ning commission, as provided in section 2.09 a through j, to form a planning and zoning commission. • (b) Zoning board of adjustment. (1) The zoning board of adjustment may, in appropriate cases and subject to appropri- ate conditions and safeguards, make special exceptions to the terms of a zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. (2) Board members shall receive such com- pensation as council may deem appropri- ate. 3. Generally. All of the powers granted by Revised Civil Statutes of Texas, Articles 1011a. to 1011j., inclusive, relating to zoning in cities, are hereby adopted and made a part of this Charter. d. Housing authority. Council may create a housing authority of such number, terms.and compensation of • Supp. No. 11 15 1110 LA PORTE CODE fill members -as council may determine and may delegate to the housing authority such powers relating to the planning, construction, reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as council may deter- mine. 2.11. Ordinances. a. Passage. 1. Procedure. Every ordinance shall be introduced in written or printed form, and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine -or forfeiture for a violation of its provisions shall become effective not less than ten (10) days from the date of its passage. The city secretary shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in • the city at least once within ten (10) days of its passage according to the provisions of Revised Civil Statutes, Article 1013. He shall note on every ordinance, the caption of which is hereby required 'to be published, and on the record thereof, the fact that same has been published as required by the Charter, and the date of such publication and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and modification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in Article VII of this Charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of city council. Every ordinance shall be authenticated by the signature of the mayor and city secretary and shall be systemati- cally recorded in an ordinance book in a manner approved by council. It shall only be necessary to Sapp. Na 11. 16 • § 2.11 CHARTER § 3.01 record the caption or title of ordinances in the minutes of journal of council meetings. 2. Codifications. Council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and printed in code form as often as council deems advisable. Such printed code, when adopted by council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper and shall be admitted in evidence in all courts and places without further proof. b. Additional ordinances. In addition to such acts of council as are required by statute or by this Charter to be by ordinance, every act of council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. c. Enacting clause. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF • THE CITY OF LA PORTE." ARTICLE III. ADMINISTRATION 3.01. City manager. a. Appointment and qualifications. City council shall appoint a city manager, who shall be chosen solely on the basis of his executive and administrative training, experi- ence and ability. No member of city council shall, during the term for which he is elected and for one year thereafter, be appointed city manager. b. Term and salary. The city manager may be appointed and removed at the will and pleasure of city council by a vote of the majority of the entire city council. The action of city council in suspending or removing the city manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility of such action in city council. 0 Supp. No. 11 17 S01 IA PORTS CODE 0 s01 • Council shall set a salary for the city manager as it deems appropriate. c. Duties. Except as provided elsewhere in this Charter, the city manager shall be the chief executive officer and head of the administrative branch of the city government. He shall be responsible to the ` council for the proper administration of all affairs of the city and to that end he shall have power and be required to: 1. Devote all his working time and attention to the affairs of the city. 2. Appoint and, when necessary for the good of the city, remove all city officers and employees except those for which this Charter provides otherwise. He may authorize the head of a department to appoint and remove subordinates in such department. 3. Prepare the budget annually, submit it to council and be responsible for its administration after adoption. 4. Prepare and submit to council, as of the end of the • fiscal year, a complete report on the finances and administrative activities of the city for the preceding year. 5. Keep council advised of the financial condition and future needs of the city and make such recommenda- tions as may seem to him desirable. 6. Perform such other duties as may be prescribed by this Charter or required of him by the council, not inconsistent with this Charter. 'd. Provisions for absence. Within thirty (30) days after taking office, the city manager shall designate by letter filed with the city secretary a qualified administrative officer of the city to perform -his duties during his temporary absence or disability. Upon receipt of said letter, the city secretary shall advise council -of its contents. Said letter shall be in force and effect for the duration of the city 'manager's emp* or until he files another such letter. Sapp. No. 11 18 0 § 3.02 CHARTER § 3.04 3.02. Administrative departments. a. Creation. There are hereby created the following administrative departments: Finance, police, fire, law, public works, health, parks and recreation, and water and sewer. Council may by ordinance create or abolish offices, departments or agencies other than the offices, departments or agencies established by this Charter. b. Consolidaton. Council may consolidate or redesignate any of the offices, departments and agencies. c. Directors. The city manager shall appoint a director to supervise and control each department. When necessary for the good of the city, the city manager may remove any such director. Such director shall be- an officer of the city and shall have supervision and control of his department, subject to the supervision of the city manager. Two (2) or. more departments may be headed by the same individual, and directors of departments may also serve as chiefs of divisions. The city manager may head one or more • departments. d. Divisions. The work of each administrative department may be distributed among such divisions thereof as may be established by ordinance or this Charter. 3.03. City secretary. With the advice and consent of city council, the city manager shall appoint a competent person to be secretary of the city. The city secretary shall: a. Give notice of council meetings. b. Authenticate by his signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions. c. Perform such other duties as may be assigned to him by council or elsewhere in this Charter. 3.04. Municipal court. a. Establishment. There shall ' be established and maintained a municipal court with all powers and duties as • Supp. No. 11 19 SO4 LA PORTE CODE ; &05 are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. b. Municipal judge. City council shall appoint a compe- tent attorney, duly licensed by the State of Texas, to be judge of the municipal court. He shall serve at the pleasure of council and shall receive compensation as may be fixed by council. c. Alternate municipal judge. Council shall have the power to create and appoint additional judges as provided by law. d. Court clerk. Subject to the approval of the municipal judge, the city manager shall appoint a municipal court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto and generally do and perform any and all acts usual and necessary by clerks of .court in conducting the business thereof. e. Costs and fines. All costs and fines imposed by the municipal court, or any court in cases appealed from its • judgments, shall be paid into the city treasury for the use and benefit of the city. 3.05. City attorney. City council shall appoint a competent attorney, duly licensed by the State of Texas, to be city attorney and head of the department of law. He shall be appointed and removed at the will and pleasure of council by a majority vote of the entire council, and shall receive compensation as may be fixed by council. The city attorney, or other attorneys selected by him with the approval of Council, shall represent the city in all litigation. He shall be the legal advisor of, and attorney and counsel for, the city and all offices and departments thereof. Sum Na 11 20 § 4.01 CHARTER 1 4.01 ARTICLE IV. BUDGET 4.61. Preparation and submission of budget. At least forty-five (45) days prior to the beginning of each fiscal year, the city manager shall submit to council a proposed budget with required attachments. For such purpose, at such date as he shall determine, he shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department or agency, detailed by organization units and character and object of expenditure, and such other supporting data as he may request. In preparing the budget, the city manager shall review the estimates, may hold hearings thereon and may revise the estimates, as he may deem advisable. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain the following: • 1. A consolidated statement of receipts and expendi- tures for all funds. 2. An analysis of property valuations. 3. An analysis of tax rate. 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. 5. A detailed listing of the resources of each fund. 6. A summary of proposed expenditures within such funds by department, function and classification. 7. A revenue and expense statement for all outstand- ing bonded debt. 8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, maturity dates and amount outstanding. 9. The appropriation ordinance. 10. The tax -levying ordinance. • $upp. No. 11 21 14Ai 1 A PORTS CODE 14.01 b. Attachments to budget. 1. Budget message. The city manager shall prepare a budget message which shall be submitted with the budget. It shall contain an outline of the proposed financial policies of the city for the fiscal year and describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous years in expenditures and revenue items and shall explain any major changes in financial policy. 2. Supporting schedules. Attached to the budget shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital outlays, as the city manager shall believe useful to council. & Comparison tables. The city manager may prepare tables in which various items may be compared with those of previous years and shall attach such to the budget. (a) Anticipated revenues. In parallel columns opposite the several items of revenue, there shall be placed the actual amount of such item for the first six (6) months of the current year, the budgeted amount for the current fiscal year, and the proposed amount for the ensuing fiscal year. (b) Proposed expenditures. The proposed expendi- tures for the administration, operation, main- tenance and capital outlay of each office, department or agency of the city shall be itemized by character and object. In parallel columns opposite the various items of expend- itures, there shall: 'be placed the actual amount of such items- of expenditures for the last completed fiscal - year, the estimated amount for the current fiscal year and the proposed amount for the ensuing fiscal year. Supp Na 11 22 0 • 4.01 CHARTER ; 4.03 c. Balanced budget. The total estimated expenditures of the general fund and debt service fund shall not exceed the total estimated resources of each fund (prospective income plus cash on hand). The classifi- cation of revenue and expenditure 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 nationally accepted classification. 4.02. Availability of proposed budget. The proposed budget and all attachments shall be a public record in the office of the city secretary, open to public inspection. The city manager shall cause sufficient copies of such to be prepared for distribution to interested persons. 4.03. Budget adoption. a. Publication of notice of public hearing. At the meeting of city council at which the budget and attachments are • submitted, council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which council will hold a public hearing. b. Public hearing. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, city council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. c. Vote required for adoption. The budget shall be adopted by the favorable votes of at least it majority of all members of the whole council. d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal year. Should council take no final action on or prior to such day, the budget as submitted by the city manager shall be deemed to have been finally adopted by council. 0 supp. No. 11 23 14.63 1 A PORTE CODE 15.01 • Upon final -adoption, the budget shall be in effect for the fiscal year. 4.04. Public record. a. Filed. A copy of the budget as finally adopted shall be filed with the city secretary. b. Availability. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments and agencies, and for the use of interested persons and civic organizations. 4.05. Effect of approved budget. From the effective date of the budget: a. The several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. b. .The amount stated therein as the amount to be raised is property tax shall constitute a determination of the amount of the levy for the purposes of the city, in the corresponding tax year. 4.06. Fiscal year defined. The fiscal year of city government shall begin on the first day of October and end on the last day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year. ARTICLE V. FINANCE ADMINISTRATION 5.01. Division of taxation. There shall be established in the department of finance a division of taxation, the head of which shall be the city tax assessor -collector. .a. Property subject to tax; method of assessment. All real and personal property within the city not SuM Na 11 24 § 5.01 CHARTER $ 5.01 expressly exempted by law shall be subject to annual taxation at its true market value. Each person, partnership and corporation owning property within the limits of the city shall between the first day of January and the thirty-first day of March of each year, hand to the tax assessor -collector a full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the first day of January of the current year. In all cases of failure to obtain a statement of real and personal property from any cause, the tax assessor -collector shall ascertain the amount and value of such property and assess the same as he believes to be true and full value thereof; and such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. b. Board of equalization. 1. Membership. City council shall each year, prior to the first day of March, appoint three (3) residents who are qualified voters as the board of equaliza- tion. Such board shall choose from its membership a chairperson. A majority of said board shall constitute a quorum for the transaction of business. The tax assessor -collector shall be ex officio secretary of the board. 2. Compensation. Members of the board while serving shall receive such compensation as council may deem appropriate. 3. Powers and duties. In order that all property within the city shall be assessed as uniformly as possible, the board of equalization shall have the power and duty to: (a) Adopt regulations regarding the procedure of assessment review. • Supp. No.11 25 ! 5.01 LA FORTE CODE 15.01 (b) Review, on complaint of property owners, assessments for the purpose of taxation of both real and personal property within the city made by the assessor -collector. (c) Examine and, if necessary, revise the assess- ments returned by the tax assessor -collector and as previously set by the board. (d) Administer oaths, take testimony, hold hear- ings and compel the production of all books, documents and other papers pertinent to the investigations 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) Certify its approval of the assessment rolls and have them returned to the tax assessor - collector, immediately upon completion of the board's work. 4. Records. The board shall be required to keep an • accurate record of all its proceedings, which record shall be available for public inspection. 5. Public hearing and notice to owner. At the same meeting that city council appoints the board of equalization, it shall by ordinance fix the time of the first meeting of the board which shall be on the tenth day of May, or as soon thereafter as practicable. After such first meeting, the board may reconvene -and adjourn from time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any person in relation to the assessment roll. Whenev- er said board shall find it their duty to raise the value of any property appearing on the lists or books of the 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) nor more than fifteen (15) days from the date of adjournment and shall Sapp. Na 11 26 • § 5.01 CHARTER § 5.01 cause the secretary of said board to give written notice to the owner of such property or to the person rendering same of the time to which said board has adjourned, and that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may be served by depositing the same, properly ad- dressed, and postage paid, in the city post office. c. Payment of taxes. 1. When due and payable. All taxes due the city shall be payable at the office of the assessor -col- lector 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 following the year for which the tax was levied, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to • such penalty and interest as city council may provide by ordinance. 2. Tax liens. The tax levied by the city is hereby declared to be a lien, charge or encumbrance upon the property upon which tax is due, which lien, charge or encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city, for the amount of taxes due on such property, is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against nonresidents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, which lien may be foreclosed in any court having jurisdic- tion. 0 Supp. No. 11 27 1 &02 LA PORTE CODE $ 5.03 5.02. Purchase procedure. • All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be changed, and no contract or order shall be binding upon the city unless and until the city manager or his designee approves the same and certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Before the city makes any purchase or contract, opportunity shall be given for competition. Council may by ordinance confer upon the city manager general -authority to contract for expenditures without further approval of council for budgeted items not exceeding three thousand dollars ($3,000.00). All contracts for expenditures involving more than three thousand dollars ($3,000.00) must be expressly approved in advance by council. All contracts or purchases involving more than three thousand dollars ($3,000.00) shall be let to the lowest IDbidder, considering quality, after there has been opportunity for competitive bidding as provided for by law or ordinance; provided that council or the city manager, in such cases as he is authorized to contract for the city, shall have the right to reject any and all bids. Contracts for professional services for which bidding is prohibited by law shall not be let on competitive bids. 5.03. Alterations in contracts. Except in case of emergency, alterations in any contract not to exceed twenty-five (25) per cent of the total contract may be made when authorized by council upon" written recommendation of the city manager; provided that such alteration is acceptable to the other party to the contract. When such recommended change is for an amount not more than five thousand dollars ($5,000.00), council may authorize the city manager to approve such alterations. Sapp. Na 11 28 § 5.04 CHARTER § 5.05 • 5.04. Fees shall be paid to city. All fees for city services received by any officer or employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of the finance department. 5.05. Borrowing. a. Negotiable notes. In any fiscal year, city council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the city which shall mature and be payable not later than the end of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than par and accrued interest at private sale by the director of the finance department without previous advertisement, but such sale shall be authorized by council. Such notes shall be in anticipation of either of the following: 1. Property taxes. Notes authorized in anticipation of the • collection of property taxes in a fiscal year shall be designated "tax anticipation note for the year " (stating the fiscal year). 2. Other revenues. Notes authorized in anticipation of the collection or receipt of other revenues shall be designated "special revenue note for the year " (stating the fiscal year). b. Capital improvements. 1. Power and authority to incur indebtedness. The city shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the city for permanent public improvements and to issue its general obligation bonds, revenue bonds, refunding bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or hereinafter adopted or amended general and special laws of this state applicable to home rule cities, except as such power • Supp. No. 11 29 f &05 LA PORTE CODE 15.07 and authority is expressly limited or denied by this • Charter, or any amendments hereto. 2. Referendum on bond ordinance. Each bond ordinance passed pursuant to a purpose which has been authorized by majority vote of the voters of the city at an election shall not be subject to referendum. Each bond ordinance relating to bonds not authorized by the qualified voters of the city shall be subject to permissive referendum on petition pursuant to the provision of Article VI of this Charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise. 3. Public sale of all bonds. No bonds issued under this Charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by publication at • least once in the official newspaper of the city, both of such publications to be made not less than ten (10) days prior to the date set for such sale. 5.06. Disbursement of funds. All checks, vouchers or warrants for the withdrawal of funds from the city depository shall be executed in accord with the provisions of this Charter and shall be signed by the city manager or his deputy and counter -signed by a member of city council. 5.07. Independent audit. Prior to the end of each fiscal year, council shall designate a practicing certified public accountant, who is licensed by the State of Texas, to make an independent audit of accounts and other evidences' of financial transactions of the city government and shall submit a report to council. Notice shall be given by publication in the official 8npp Na 11 30 • § 5.07 CHARTER § 6.03 newspaper in the city that the annual audit is on file at the city hall for inspection. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. He shall not maintain any accounts or records of the city business, but, within specifications approved by council, shall post -audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. 5.08. Appropriations lapse at end of year. All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. ARTICLE VI. INITIATIVE, REFERENDUM AND RECALL • 6.01. Power of initiative. The electors shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power known as the initiative. 6.02. Power of referendum. The electors shall have power to approve or reject at the polls any ordinance passed by council, or submitted by council to a vote of the electors, except as provided in section 5.05, such power being known as the referendum. Ordi- nances submitted to council by initiative petition and passed by council without change shall be subject to the referendum in the same manner as the other ordinances. 6.03. Procedure for initiative or referendum petition. a. Form of petition. 1. Text. Initiative petition papers shall contain the full text of the proposed ordinance. • Supp. No. 11 31 803 LA PORTE CODE ¢ 603 2. ' Signatures. • (a) The signatures to initiative or referendum peti- tions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. (b) The petition shall be signed by qualified electors of the city equal in number to at least fifty (50) per cent of the number of votes cast in the last regular municipal election. 3. Circulators. There shall appear on each petition the names and addresses of five (5) electors, who, as circulators, shall be regarded as responsible for the circulation and filing of the petition. 4. Affidavit. Attached to each separate petition paper • there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine signatures of the persons whose names they purport to be. b. Submission of petition. 1. Filing. All petition - papers comprising an initiative or referendum petition shall be assembled and filed with the city secretary as one instrument. 2. Examination. Within twenty (20) days after -a petition is filed, the city secretary shall, determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The city secretary shall declare any petition paper entirely invalid which does not have attached thereto an Sum Na 11. 32 0 § 6.03 CHARTER § 6.03 • affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures present shall be accepted unless void on other grounds. 3. Certification. (a) Procedure. After completing his examination of the petition, the city secretary shall certify the result thereof to city council at its next regular meeting. If he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the circulators of his findings. (b) Effect. When a referendum petition or amended petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. c. Amendment of petition. An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the city secretary, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city secretary shall, within five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the circulators of his findings and no further action shall be had on such insufficient petition. d. Refiling not prejudiced. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. • Supp. No. 11 33 16.04 LA 1PORTE CODN 16.05 6.04. Consideration of referendum or initiative by • council. Whenever city council receives a certified initiative or referendum petition from the city secretary, it shall proceed at once to consider such petition and shall take final action on it within sixty (60) days after the date on which it was submitted to council. a. Initiative. A proposed initiative ordinance shall be read and provision made for a public hearing on such before the time set for final action. b. Referendum. A referred ordinance shall be considered by council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance in the referendum petition be repealed?" 6.05. Election on referendum or initiative. a. Submission to electors. If council shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth in the petition therefor, or if council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors on the next election day as established by the laws of the State of Texas. Council may, in its discretion, and if no regular election is to be held on such day shall, provide for a special election. b. Form of ballot. Ordinances submitted to vote of electors in accordance with this article shall be submitted by ballot title, which shall be -prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or referred 'ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. Below the ballot title shall. appear the following propositions, one preceding the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any $upp. Na 11 34 0 § 6.05 CHARTER § 6•08 paper ballot used for voting thereon shall be for that purpose only. c. Results. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 6.06. Amendment of initiative or referendum ordi- nances. Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by council, as in the case of other ordinances. 6.07. Power of recall. The mayor or any councilperson may be removed from office by recall. No recall petition shall be filed against the mayor or a councilperson within six (6) months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6) months after such election. 6.08. Procedure for recall petition. a. Affidavit. Any elector of the city may make and file with the city secretary an affidavit containing the name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. b. Petition blanks. Upon receipt of said affidavit, the city secretary shall deliver to said elector copies of petition blanks demanding such removal. The city secretary shall keep a sufficient number of printed petition blanks on hand for distribution. Such blanks when issued shall: 1. Be signed by the city secretary. • Supp. No. 11 35 16A8 LA PORTE CODE 1809 2. Be addressed to city council. 3. Be numbered and dated. 4. Indicate the name of the person to whom issued. 5. Indicate the name of the officer whose removal is sought. 6. Indicate the number of such blanks issued. The city secretary shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number issued to said person. c. Return of petition. To be effective, the recall petition must: 1. Be signed by qualified electors of the city equal in number to at least fifty (50) per cent of those who were qualified voters and voted on the date of the last regular municipal election, and at least one-half of the qualified voters constituting such fifty (50) per cent signing the petition shall make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is sought, in the election at which he was last elected. 2. Be returned and filed with .the city secretary within thirty (30) days after the filing of the affidavit required in section 6.08a. 6.09. Recall election. a. Submission. The city secretary shall at once examine the recall petition and, if he finds it sufficient and in compliance with the . provisions of this article, he shall within five (5) days submit it to city council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice, council shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next election day as established by the laws of the State of Texas. Supp Na 11 36 0 § 6.09 CHARTER 17.01 b. Ballots. Ballots used at recall elections shall conform to the following requirements: 1. With respect to each person whose removal is sought the question shall be submitted "Shall (name of person) be removed from the office of (name of office) by recall?" 2. Immediately below each such question there shall be printed the two (2) following propositions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)." c. Results. If a majority of the votes cast at a recall election shall be against the recall of the officer named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as in other vacancies. 6.10. District judge may order election. Should city council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the Charter, then it shall be the duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the Charter. ARTICLE VII. FRANCHISES AND PUBLIC UTILITIES 7.01. Enfranchisement. a. Power of council. City council shall have power by ordinance to grant, amend, renew and extend all franchises • Supp. No. 11 37 ' 17.01 LA PORTS CODE 17.01 of all public utilities of every character operating within the city. All ordinances granting, amending, renewing or extending franchises for public utilities shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the notice and caption of such ordinance, noting the place where the full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the official newspaper of the city, and the expense of such publication [is] to be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of council expressed by ordinance. b. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be operated as such, and shall be* subject -to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in section 7.02a. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. c. Other conditions. All franchises heretofore granted are recognized as contracts between the city and the grantee, and the contractual right as . contained in any such franchises shall not be impaired by the provisions of this Charter, except that the power of the city to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the city heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions containd in the $npp. No. 11 38 Is 7.01 CHARTER $ 7.02 various sections of this article whether or not such terms are specifically mentioned in the franchise. When the city chooses to exercise its power of eminent domain to acquire any public utility, the procedure to be used in such acquisition shall be as set forth in Revised Civil Statutes of Texas, Articles 3264 through 3271, inclusive. In valuing the property, the measure of damages shall be the fair market value of the physical properties taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the city in a franchise ordinance. Prior to the purchase of any existing franchised utility system, either according to the terms of the franchise or by eminent domain, city council shall submit the question of purchase to the voters of the city, and such must be approved by a majority of those voting. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of council or the electors of the city in imposing terms and conditions as may be reasonable in connection with any franchise grant. 7.02. Regulation. a. Right of regulation. All grants, renewals, extensions or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the city: 1. To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. 2. To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. 0 Supp. No.11 39 ! 7.02 ILA PORTS CODE 17.04 3. To establish reasonable standards of service and quality of products and prevent unjust discrimination in service of rates. 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the form of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system of accounts for said utility prescribed by the appropriate state and federal utility regulatory agencies. 5. To examine and audit the accounts and other records of any such utility at any time and to require annual and other reports, including reports on local oper- ations by each such public utility. 6. To impose such reasonable regulations and restric- tions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public. 7. To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. b. Regulation of rates and service. Council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating within the city. Such power shall be subject to the exercise of power in each area of each utility by the appropriate agencies of state and federal government. 7.03. Franchise records. Within six (6) months after this Charter takes effect, every public utility and every owner of a public utility franchise shall file with the city, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the city. The city shall compile and maintain a public record of public utility franchises. 7.04. Accounts of municipality -owned utilities. Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true Supp. No.11 40 • 17.04 CHARTER $ 7.06 and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves and surplus, also revenues, operating expenses, including depreciation, inter- est payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered .by any such utility to any other city or governmental department. City council shall annually cause to be made by a licensed certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information specified in this section or such data as council shall deem expedient, in accordance with section 5.08. • 7.05. Franchise value disallowed. The value of the franchise granted by the city shall not be included in fixing reasonable rates and charges for utility service within the city or in determining the just compensa- tion to be paid by the city for public utility property which may be acquired by eminent domain or otherwise. 7.06. Consent of property owners. The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this Charter or in any franchise granted thereunder shall be construed to deprive any such property owner of any rights of action for damage or injury to his property as now or hereafter provided by law. 0 Supp. No. 11 41 1 &01 1 A FORTE CODE .5 &02 ARTICLE VIII. GENERAL PROVISIONS 8.01. Publicity of records. All records and accounts of every office, department or agency of the city shall be open to inspection by any person, any representative of a citizen's organization or any representative of the press during normal business hours, as provided in the Texas Open Records Act, Revised Civil Statutes Article 6252-17a. 8.02. Employers and officers. a. Personal financial interest. No member of city council or any officer or employee of the city shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract or in the sale to the city, or to a contractor supplying the city, of any lands or rights of interests in any land, material, supplies or service. 'Any willful violation of this section shall constitute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any • violation of this section with the knowledge expressed or implied of the person or corporation contracting with the city shall render the contract voidable by council. b. Employment interest. No one who has been elected to city office shall be employed in a nonelective office by the city within the term for which he was elected or for one year thereafter. c. Nepotism. No person related, within the second degree by affinity or within the third degree by consanguinity, to the mayor or any councilperson or to the city manager shall be employed or appointed to any office, position or clerkship of the city. This prohibition shall not apply, however, to any person who shall have been employed for two (2) years or more by the city at the time of the election or appointment of the officer to whom he is related. d. Bonds. Council shall require bonds of all municipal officers and employees who receive or pay out any monies of the city. The amount of such bonds shall be determined by Sapp. No. 11 42 ! 8.02 CHARTER g 8.02 • council and the cost thereof borne by the city. Council shall set the bond amount for the city manager and the director of finance at an amount not less than ten thousand dollars ($10,000.00). e. Oath of office. 1. Elected officers. Every elected officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the city secretary: "I do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or • promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was, elected. So help me God." 2. Appointed officers. Every appointed officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirma- tion, to be filed and kept in the office of the city secretary: "I do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and of this state and the Charter and ordinances of this city; and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable • Supp. No.11 43 1 &02 LA FORTE CODE $ 8.0S thing, or promised any public office of employment, • as a reward to secure my appointment or the confirmation thereof. So help me God." f. Discharge. Council shall be authorized -to discharge at any time, with or without a hearing, as council may elect, any officer, employee or clerk which it appoints. The city manager shall be authorized to discharge at any time, with or without a hearing, as the city manager may elect, any officer, employee or clerk which he appoints. g. Injuries; insurance. City council shall have authority to provide the rules and regulations for maintaining employees when injured and disabled while performing their duties, and it may provide for such plan of insurance as it deems proper. h. Pensions. City council may establish a pension plan for any employee who has been employed by the city for twenty (20) years and who shall have reached the age of fifty-five (55), or may adopt in lieu thereof any pension system available to cities under state law. The amount of said • pension shall be graded and proportioned to the average salary received by the employee during the whole period of his employment. All those falling under the head of employees in this Charterand who are employed by the city when the same takes effect shall be entitled to a credit for the years of service heretofore served; provided, however, that any payment under this provision shall never constitute a waiver or stop the city from asserting any defenses it might have under section 1.06. 8.08. Assignment, execution and garnishment of city property. The property, real and personal, belonging to the city shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the city, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment or sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or funds or property it may have on hand Sapp. Na 21 0 1 8.03 CHARTER S 8.06 is or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors. 8.04. City not required to give security or execute bond. It shall not be necessary in any action, suit or proceeding in which the city is a party for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any court, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be as liable as if security of bond had been duly executed. 8.05. Effect of this Charter on existing law. All ordinances, resolutions, rules and regulations now in • force under the city government of the city and not in conflict with the provisions of this Charter shall remain in force under this Charter until altered, amended or repealed by city council after this Charter takes effect; and all rights of the city under existing franchises and contracts are preserved in full force and effect to the city, and any unissued bonds and revenue bonds, or installments thereof, heretofore authorized at an election held in said city shall not be affected by the adoption of this Charter, but the right to sell, issue and deliver same, in whole or in part, in keeping with the provisions of the laws under which they were voted is hereby expressly reserved. 8.06. Amending this Charter. a. Amendments may be proposed and submitted to the electors of the city by ordinance passed by a majority vote of the full membership of city council or by a petition signed by qualified voters of the city in number not less than five (5) per cent thereof or twenty thousand (20,000) signatures, • 8upp. No. 11 45 1 &08 I.A PORTE CODE ! &07 whichever is less. Such petition shall in all other respects conform to the provisions of Article VI. When a properly drawn petition has been duly filed, council shall provide by ordinance for submitting such proposed amendments to a vote of the electors at an election to be held not less than thirty (30) days nor more than ninety (90) days after the passage of said ordinance. If the next regular municipal election is to be held during said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special election shall be called for the purpose. Notice of the election shall be given by publication thereof in the official newspaper on the same day in each of two (2) successive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. The form of such notice shall be as prescribed by this Charter, including a substantial copy of the proposed amendment or amend- ments. Each amendment submitted shall contain only. one subject and shall be printed separately on the ballot, each proposed amendment being followed by designations for the voter to vote for the amendment or against the amendment. Each proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the Charter. The city secretary shall enter notice into the records of the city declaring the same adopted. b. This section is subject to the provisions of Revised Civil Statutes . of Texas Annotated, Article 1170, and Election Code, Article 2.01 et seq. 8.07. Severability clause. If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in Sapp. Na 11 46 0 $ 8.07 CHARTER § 8.09 meaning and effect with the section or part of section to which such holding shall directly apply. 8.08. References to laws. All references within this Charter to laws of the State of Texas or of the United States are to be construed as meaning such laws as now or hereafter amended or superseded. 8.09. Approval of this Charter. a. Copies to electors. In not less than thirty (30) days prior to the election provided in subsection b., the city commission shall cause the city clerk to mail a copy of this Charter to each qualified voter of the city, as listed on the current voter registration list. b. Submission of Charter to electors. The charter commit- tee in preparing this comprehensive Charter amendment finds and decides that it is impracticable to segregate each • subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function, it is necessary that the comprehensive amendment be adopted in its entirety. For these reasons the charter . committee directs that said amended Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the city at an election to be held for that purpose on the 9th day of August, 1980. The form of ballot to be used in such election shall be as follows: FOR THE ADOPTION OF THE AMENDED CHARTER. AGAINST THE ADOPTION OF THE AMENDED CHARTER. c. Results of vote for adoption. If a majority of the qualified electors voting in such election shall vote in favor of the adoption of the Charter, and after the returns have been canvassed, the city clerk shall file an official copy of the Charter with the records of the city. The city commission shall at its next meeting declare this Charter adopted. The 0 Supp. No. 11 47 i. s.09 LA PORTE CODE 1 s.10 clerk shall furnish the mayor a copy of said Charter, which copy of the Charter so adopted, authenticated and certified by his signature and the seal of the city, shall be forwarded by the mayor to the Secretary of State of the State of Texas and shall show the approval of such Charter by majority vote of the qualified voters voting at such election. 8.10. Provisions for transition. a. Tenure of officers during transition. From and after the date of the adoption of this Charter and until the completion of the first election under this Charter to be held on the first Saturday in April, 1981, and the qualification of the councilpersons therein elected, the present qualified and acting commissioners and mayor shall constitute city council. Such city council shall possess all the powers provided by this Charter. After said election and until the election to be held on the first Saturday in April, 1982, and the qualification of the councilpersons and mayor therein elected, the present qualified and acting commissioner —Position 2 shall serve as • councilperson-at-large—Position A; the present qualified and acting commissioner —Position 4 shall serve as coun- cilperson-at-large—Position B; and the present qualified and acting mayor shall serve as mayor. These councilper- sons and mayor, along with the councilpersons elected and qualified as provided in subsection b, below, shall, for the duration of their terms of office, compose city council and shall possess all the powers provided by this Charter. b. Original election of mayor and councilpersons. Coun- cilpersons representing districts shall be elected at the election to be held on the first Saturday in April, 1981, for terms of office as follows: Councilperson—District 1, three-year term Councilperson—District 2, one-year term Councilperson—District 3, one-year term Councilperson—District 4; two-year term Councilperson—District 5, two-year term Councilperson—District 6, three-year term. Sam No. 11. 48 0 8.10 CHARTER ; 8.10 Councilpersons-at-large and the mayor shall be elected at the election to be held on the first Saturday in April, 1982, for terms of offices as follows: Councilperson-at-large—Position A, one-year term Councilperson-at-large—Position B, two-year term Mayor, three-year term. Following these terms of office, all councilpersons and the mayor shall be elected to three-year terms, according to the provisions of Article II of this Charter. 0 • Supp. No. 11 49 (The next page is loll CHARTER COMPARATIVE TABLE Date Disposition 3-22-49 1- 184 4-22-58 3 4-22-58 12 4-22-58 15 8-23-69 a 10 8-23-69 12-- 14 8-23-60 21 8-23-69 38 8-23-69 49- 56 8-23-69 83, 119 8-23-80 1.01-1.06, 2.01-2.11, 3.01-3.05, 4.01-4.06, 5.01-5.08, 6.01-6.10, 7.01-7.06, 8.01-8.10 0 Supp. No. 11 101 EThe next page b 1051 CHARTER INDEX A AFFIDAVITS Section Municipal court clerk's power to administer ............ 3.04(d) ANNEXATIONS Boundaries of city, modification of ..................... 1.03 Boundaries of city. See that title City council districts Adding annexed territory to an adjacent district or districts ........................................ 2.01(b) APPROPRIATIONS. See: Finances ASSESSMENTS. See: Taxation ASSIGNMENT City property, assignment of .......................... 8.03 ATTORNEY. See: City Attorney AUDIT Required at end of fiscal year; report; notice of availability • for inspection .................................... 5.07 B BLIGHTED AREAS Rehabilitation plans for City council's power to adopt, modify and carry out ... 2.09(g) BOND ISSUES Authorizing; power of city council ..................... 2.09(b) Charter effect on unissued bonds and revenue bonds or installments thereof .............................. 8.05 City's power and authority re ......................... 5.05(b)(1) Public sale of ........................................ 5.05(b)(3) Referendum on bond ordinance ....................... 5.06(b)(2) BONDS, SURETY OR PERFORMANCE City not required to give .............................. 8.04 Officers and employees of city ......................... 8.02(d) Officers and employees. See that title BOUNDARIES OF CITY City council districts Adding annexed territory to adjacent district or districts 2.01(b) Established .......................................... 1.02 0 Supp. No. 11 1067 LA PORTE CODE BOUNDARIES OF CITY--Cont'd. Section Map of city City c ouncil's power to adopt and modify ............. 2.09(f) Modification of ...................................... 1.03 BUDGET OF CITY Administration of .................................... 3.01(c)(3) Adoption............................................ 2.09(a),4.03 Attachments to ...................................... 4.01(b) Balanced budget ..................................... 4.01(c) City manager to prepare and submit to city council ..... 3.01(c)(3) City secretary Copy of adopted budget filed with ................... 4.04(a) Contents of .......................................... 4.01(a) Copies for city offices ................................. 4.04(b) Effect of approved budget ............................ 4.05 Fiscal year defined .................................... 4.06 Message on budget from city manager ................. 4.01(b) Preparation and submission of ........................ 4.01 Public inspection, availability of proposed budget for .... 4.02 Supporting schedules, exhibits and other explanatory materials ........................................ 4.01(b) BUILDINGS Blighted areas • Rehabilitation of, plans for, powers of city council ..... 2.09(g) Slum districts Plans for clearance of; powers of city council .......... 2.09(g) C CENSUS, FEDERAL City council election districts, effect on ................ 2.01 Elections. See that title CEREMONIES Mayor as ceremonial head of city government........... 2.08 CHARTER Adoption of Results of vote favoring ............................. 8.09(c) Amendments to ...................................... 8.06 Approvalof .......................................... 8.09 Electors Copies of charter provided to; approval or disapproval of charter by ................................... 8.09. Existing law, effect of charter on ...................... 8.05 Severability......................................... 8.07 State laws, references to .............................. 8.08 Transitional provisions ............................... 8.10 United States, references to laws of .................... 8.08 Supp. No.11 1068 • CHARTER INDEX CITy Section Boundaries of ........................................ 1.02, 1.03 Boundaries of city. See that title Ceremonial head of city government; mayor ............ 2.08 Form of government .................................. 1.04 Incorporation of ..................................... 1.01 Population of Formation of city council districts, effect on .......... 2.01(b) Powers of ........................................... 1.05 CITY ATTORNEY Appointment, compensation, removal; head of department oflaw ........................................... 3.05 Department of law Headof ........................................... 3.05 Duties.............................................. 3.05 CITY COUNCIL Budget of city. See also that title Public hearing and adoption of ...................... 4.03 Candidacy of councilpersons for other office; automatic resignation....................................... 2.04 Compensation ....................................... 2.05 Composition of ...................................... 2.01 Contracts for city Purchases Alterations in, authorization by councill . 5.03 Council approval required for .... ............. . 5.02 Purchasing. See that title Discharge of city officers and employees by ............. 8.02(f) Disbursement of funds Checks, vouchers or warrants Countersigning by member of city council........... 5.06 Districts Numbering and formation of ........................ 2.01 Elections. See that title Original election of council persons .................. 8.10(b) Form of government; city council form ................. 1.04 Initiative, referendum, recall .......................... 6.01 at seq. Initiative, referendum and recall. See that title Judge of members' election and qualifications .......... 2.02(b) Mayor. See also that title Presiding at council meetings with vote ............... 2.08 Meetings Frequency .......................................... 2.07(a) Journal of proceedings; keeping; open to public inspec- tion........................................... 2.07(c) Notice of, city secretary to give ...................... 3.03 Original meeting ................................... 2.06 Presiding officer ................................... 2.08 Rules and order of business ......................... 2.07(b) • Supp. No.11 1069 LA PORTE CODE CITY COUNCIL—Contd. Section Powers of ........................................... 2.09 Additional discretionary powers ..................... 2.10 Qualifications of members, council to be judge of........ 2.02(b) Removal from office by recall ......................... 6.07 Initiative, referendum and recall. See that title Residence requirement ........................ ...... 2.02(a) Resignation of councilpersons Candidacy for other office; automatic resignation ...... 2.04 Term of office ....................................... 2.01(d) Transition provisions; composition of council ........... 8.10 Vacancies, filling ..................................... 2.04. CITY MANAGER Absence of Designating officer to perform duties during .......... 3.01(d) Appointment ........................................ 3.01(a) Budget of the city, city manager to propose and submit; budget message .................................. 4.01 Departmental directors Power to appoint and remove ....................... 3.02(c) Disability of Designating officer to perform duties during .......... 3.01(d) Discharge of city officers and employees by ............. 8.02(f) Disbursement of funds Signature required on checks, vouchers or warrants .... 5.06 Duties ..........:................................... 3.01(c) Qualifications ........................................ 3.01(a) Salary ............................................... 3.01(b) Term of office ....................................... 3.01(b) CITY SECRETARY Appointment of; duties ............................... 3.03 Damage suits against the city Special provisions for; notifying secretary ............. 1.06 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Ordinances, passage of Notion given by city secretary; signature authenticating 2.11(a) CITY TAX ASSESSOR -COLLECTOR Board of equalization Ex officio member of ............................... 5.01(b) Taxation. See that title Division of taxation, head of .......................... 5.01 Taxation. See that title CLAIMS AGAINST THE CITY Special provisions for damage suits .................... 1.06 Supp. No.11 1070, • CODE OF ORDINANCES CHARTER INDEX City council's power to authorize codifications .......... CONDEMNATION Power of city; condemnation of property; eminent domain CONTRACTS Franchises recognized as .............................. Franchises. See that title Power of city to enter into ............................ Purchasing. See that title CORPORATE SEAL Power of city to use .................................. COUNCIL. See: City Council COURTS Codifications of ordinances Admissible as evidence in courts ..................... Municipal court. See that title D DAIRIES Power of city to inspect ............................... • DEPARTMENTS AND OTHER AGENCIES OF CITY City council's power to create or abolish ................ Consolidation or redesignation of ...................... Creation of administrative departments ................ Directors (heads) of departments Appointment and removal of, supervisory and control functions of .................................... Authority to appoint and remove subordinates ........ Estimates of revenue and expenditures and other supporting data supplied by ..................... Requisitions from for purchases and contracts executed bycity ......................................... Divisions of departments ............................. Heads of departments. See within this title: Directors Housing authority. See that title Inquiries into conduct of Power of city council ............................... Law, department of. See: City Attorney Library, public. See that title Records and accounts of Public access to .................................... Taxation; board of equalization ........................ Taxation. See that title Zoning commission and zoning board of adjustment. See: Zoning • Supp. No. ll 1071 Section 2.11(a)(2) 1.05(b) 7.01(c) 1.05 1.05 3.02(a) 3.02(b) 3.02(a) 3.02(c) 3.01(c)(2) 4.01 5.02 3.02(d) 2.09(c) 8.01 5.01(b) LA PORTS CODE DEVISES Section Power of city to dispose of property ................... 1.05 DISTRICT JUDGE Initiative, referendum and recall ....................... 6.10 Initiative, referendum and recall. See that title E ELECTIONS Applicability of regulations ........................... 2.03(a) Ballots Official ballots, printing of candidates' names on without party designations ........................ 2.04(d) Recount in case of doubt or fraud .................... 2.03 Candidates Filing for office .................................... 2.04(c) Resignation of mayor or councilpersons Candidacy for other office as grounds for ........... 2.04 Canvassing returns and declaring results ............... 2.04(e) Census, federal Effect on election districts for city council ............ 2.01 Charter Amendments to, elections for ........................ 6.06 Charter Submission to electors for approval or disapproval..... 8.09 • City council candidates Separate election of, designation on ballot; majority vote; run-off elections; tie votes .................. 2.01(c) Conduct of .......................................... L03 Councilpersons-at-large, election of ................. 2.01 Franchise utility system Voter decision on purchase of ....................... 7.01 Franchises. See that title Fraud, prevention of ................................. 2.03 Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title Majority vote Successful candidates receiving ...................... 2.01(c) Recount of ballots in case of doubt or fraud ............ 2.03 Run-off elections, holding ............................. 2.01(c) Schedule of regular and special elections ............... 2.03(b) Special elections ............. ... . ............. 2.03(b) Tie votes, second election to decide .................... .2.01(c) Voters and voting Majority vote decides successful candidates ........... 2.01(c) Tie votes, second election to decide .................. 2.01(c) Sum No.11 1072 • CHARTER INDEX EMERGENCIES Section Contracts for city purchases, alterations in ............. 5.03 Purchasing. See that title Mayor to command police, maintain order and enforce law during........................................... 2.08 EMINENT DOMAIN Power of city ........................................ 1.05(b) Utility property, right of city to acquire ................ 7.01(c) Franchises. See that title EMPLOYEES OF CITY. See: Officers and Employees F FINANCES Appropriations Contingent appropriations Power of city council re ........................... 2.09(k) Initiative of electors; proposing ordinances Exclusion of ordinances appropriating money ....... 6.01 Initiative, referendum and recall. See that title Lapse of appropriations at end of year ............... 5.08 Assessments Property tax, method of assessment of ............... 5.01 • Taxation. See that title Audit Certified public accountant to perform; report; public notice of availability for inspection ............... 5.07 Bond issues. See that title Borrowing Negotiable notes; capital improvements .............. 5.05 Budget of the city ............................... 2.09(a), 4.01 et seq. Budget of the city. See that title Capital improvements Borrowing power and authority of city; bond issues .... 5.05(b) City manager Annual report on finances, etc.; advising city council on financial condition and future needs of city ....... 3.01(c)(4), (5) Classification of revenue and expenditure accounts ...... 4.01(c) Department of Division of taxation Established; head ................................. 5.01 Fees for city services, payment to department ......... 5.04 Disbursement of funds Checks, vouchers or warrants for withdrawal of funds Signatures required ............................... 5.06 Expenditure of funds or contracting indebtedness Ordinance required for .............................. 2.11(b) • Supp. No.11 1073 LA PORTS CODE FINANCES—Cont'd. Section Fees paid to city ..................................... 5.04 Fiscal year .......................................... 4.06 Budget of city in effect for .......................... 4.03(d) Ordinance required to expend funds or contract indebted- ness............................................. 2.11(b) Public utilities, city -owned and operated Annual report of financial results .................... 7.04 Municipally -owned utilities. See. Franchises (Public utilities) Report, annual, on finances and administrative activities of city ........................................... 3.01(c)(4) FINES, FORFEITURES AND OTHER PENALTIES Municipal court costs and fines • Imposition, payment and use of ...................... 3.04(s) Ordinance required to establish fine or other penalty .... 2.11(b) FIRE LIMITS City council's power to establish and designate and to regulate building construction within ............... 2.09(i) FIRE PREVENTION Fireproof buildings City council's power to provide for erection of......... 2.09(i) FISCAL YEAR • Finances. See that title FRANCHISES (Public utilities) City council Power to grant, amend, renew and extend franchises... 7.01(a) Rates and service, power to regulate ................. 7.02(b) Consent of property owners ........................... 7.06 Contracts between city and grantee Prior franchises recognized as ....................... 7.01(c) Elections Voter decision on purchase of existing franchise utility systems........................................ 7.01(c) Eminent domain Right of city to acquire utility property .............. 7.01(c) Extensions of public utilities within the city limits ...... 7.01(b) Municipally -owned utilities, accounts of ................ 7.04 Nontransferability;exception .......................... 7.01(a) Prior franchises recognized as contract between city and grantee .......................................... 7.01(c) Property owners, consent of ........................... 7.06 Rates City council's power to regulate ...................... 7.02(b) Records ............................................. 7.03 Supp. No.11 1074 0 CHARTER INDEX • FRANCHISES—Cont'd. Section Regulatory right of city ............................... 7.02 Service City council's power to regulate ...................... 7.02(b) Value of franchise disallowed .......................... 7.05 G GARBAGE AND TRASH Power of city to prescribe rules and regulations for handling, disposition, charges and compensation..... 1.05(b)(4) GARNISHMENT City property, garnishment of ......................... 8.03 GIFTS Power of city to acquire property ...................... 1.05 H HEALTH AND SANITATION Hospital. See that title HOSPITAL Board City council's power to create and to establish compen- sation .......................................... 2.10(b) Finances 2.10(b)(2) HOUSING AUTHORITY City council's power to create and regulate and delegate powers .......................................... 2.10(d) I IMPROVEMENTS Capital improvements City's power and authority to borrow money for; issuance of bonds ............................... 5.05(b) Street improvements Exclusive dominion, control and jurisdiction of city.... 1.05(2)(b) INCORPORATION City, incorporation of ................................. 1.01 INITIATIVE, REFERENDUM AND RECALL Amendment of initiative or referendum ordinances ...... 6.06 City council Consideration of referendum or initiative by .......... 6.04 Failure or refusal to order initiative or referendum elections ....................................... 6.10 • Supp. No.11 1075 LA PORTE CODE • INITIATIVE, REFERENDUM AND RECALL—Contd. Section City secretary Recall petitions Issuance of petition blanks; return and examination of petitions by secretary ....................... 6.08(b), (c) Referendum and initiative petitions Filing of petitions for referendum or initiative, examination by secretary; certification; amend- ments........................................ 6.08(b) District judge Ordering elections .......................... . ...... 6.10 Election City council Failure or refusal to order elections; power of district judge........................................ 6.10 District judge may order ............................ 6.10 Recall election ..................................... 6.09 Referendum or initiative ............................ 6.05 Petitions Procedure for initiative or referendum petitions ....... 6.03 Power of initiative ................................... 6.01 Powerof recall ....................................... 6.07 Power of referendum ................................. 6.02 Proposing ordinances; power of initiative ............... 6.01 Recall • Election........................................... 6.09 Petitionfor ........................................ 6.08 Power of .......................................... 6.07 INSURANCE Officers and employees, insurance for injuries or disability 8.02(g) Officers and employees. See that title J JUDGE District judge ........................................ 6.10 Initiative, referendum and recall. See that title Municipal judge. See: Municipal Court L LA PORTE, CITY OF. See: City LEASES Power of city to acquire and dispose of property ........ 1.05 LIBRARY, PUBLIC Department of city, public library deemed to be ........ 2.10 Power of city council to establish and maintain ......... 2.10 Sapp. No. 11 1076 • CHARTERINDEX • M MANAGER. See: City Manager Section MAP OF CITY City council's power to adopt and modify .............. 2.09(f) MAYOR Absence of mayor Mayor pro tem to act as mayor ...................... 2.08 Candidacy for other office; automatic resignation of mayor........................................... 2.04 City council. See also that title Compensation ....................................... 2.05 Disability of Mayor pro tem Acting mayor in case of absence or disability of mayor....................................... 2.08 Duties.............................................. 2.08 Elections Original election of ................................. 8.10(b) Form of government; mayor and council ................ 1.04 Ordinances Signature authenticating ............................ 2.11(a) Removal from office by recall ...... :.................. 6.07 Initiative. referendum and recall. See that title Residence requirements ............................... 2.02(a) Signature to authenticate ordinances ................... 2.11(a) Term of office ....................................... 2.01(d) Vacancies Filling............................................. 2.04 Mayor pro tern to act as mayor ...................... 2.08 MILITARY LAW Mayor recognized as head of city government for purposes Of............................................... 2.08 MORTGAGES Power of city to dispose of property ................... 1.05 MUNICIPAL COURT Clerk of court Appointment of clerk and deputy clerks; powers ...... 3.04(d) Costs and fines imposed by Payment and use of ................................ 3.04(e) Established; powers and duties ........................ 3.04(a) Fines. See within this title: Costs and Fines Judge Alternate judge .................................... 3.04(c) Appointment of; qualifications; compensation ......... 3.04(b) • Supp. No.11 1077 LA PORTE CODE • MUNICIPAL COURT—Contd. Section Seal of Court clerk's power to affix ......................... 3.04(d) N NEPOTISM Officers and employees of city ......................... 8.02(c) Officers and employees. See that title NEWSPAPERS Annual audit, announcement of availability for inspection 5.07 Codification of ordinances Newspaper publication not required .................. 2.11(a)(2) Official newspaper of the city Ordinances, announcements of passage of ............. 2.11 NUISANCES Power of city to define and prohibit ................... 1.05(b)(5) O OATH, AFFIRMATION. SWEAR OR SWORN City council investigations; power to administer oaths ... 2.09(c) Elected and appointed officers of city; oath of office required......................................... Municipal court clerk's power to administer oaths and 8.02(s) affidavits ........................................ 3.04(d) OFFICERS AND EMPLOYEES Appointments City manager's power to make ....................... 3.01(c) Heads of departments Authorisation to appoint subordinates .............. 3.01(c)(2) Assignment of wages or funds of employees ............. 8.03 Bond, surety or performance required .................. 8.02(d) City attorney. See that title City secretary. See that title Conflict of interest ................................... 8.02(a) Discharge of .......................................... 8.02(0 Elected officials Employment in nonelective city offices ............... 8.02(b) Financial interest in contracts 'or farms doing business with the city prohibited ........................... 8.02(a) Injured persons Rules and regulations for maintaining; providing insur- ance........................................... 8.02(g) Inquiries into conduct of City council powers to subpoena witnesses, administer oaths and compel production - of books, papers and other evidence .................................. 2.09(c) Sapp. No.11 1078 • CHARTER INDEX OFFICERS AND EMPLOYEES—Cont'd. Section Insurance Injured and disabled employees, insurance for ........ 8.02(g) Municipal judge and municipal court clerk. See: Municipal Court Nepotism........................................... 8.02(c) Oath of office Sample forms for elected and appointed officials ...... 8.02(e) Pensions and retirement City council's power to establish pension plan; eligibility of employees ................................... 8.02(h) Removal City -manager's power ............................... 3.01(c) Heads of departments Authorization for removal of subordinates .......... 3.01(c)(2) Transitional provisions after adoption of charter Tenure of officers during ............................ 8.10 ORDINANCES, RESOLUTIONS, ETC. Additional ordinances ................................ 2.11(b) Bond ordinance Authorizing issuance of bonds; power of city council ... 2.09(b) Referendum on .................................... 5.05(b)(2) Bond issues. See that title • City secretary Signature for authentication of ordinances; recording .. 3.03 Codifications ........................................ 2.11(a)(2) Enacting clause ...................................... 2.11(c) Existing law, effect of charter on ...................... 8.05 Initiative, referendum and recall ....................... 6.01 at seq. Initiative, referendum and recall. See that title Mayor Signature authenticating ordinances .................. 2.11(a) Passage of ordinances ................................ 1.05,2.11(a) Signatures authenticating ............................. 2.11,3.03 P PARKS AND RECREATION Power of city to police parks or grounds ................ 1.05(b)(5) PENSIONS AND RETIREMENT Officers and employees of city ......................... 8.02(h) Officers and employees. See that title PERSONAL INJURY Claims against city for ................................ 1.06 PETITIONS Charter amendments, petitions for ..................... 8.06 Initiative, referendum and recall ....................... 6.01 at seq. • Initiative, referendum and recall. See that title Supp. No.11 1079 LA PORTS CODE r PLANNING COM1V MION Section city council'e power to establish and appoint members .. 2.09(d). Disasters causing destruction of areas or districts Replanning, reconstruction or redevelopment of. adop- tion, modification and - execution of plane by city council ................................ 2.09(h). Neighborhoods, replanning. improvement and redevelop- ment of.' adoption, modification and execution of pleas bycity council ................................... L09(h) Slum districts and blighted areas Pions for clearance and rehabilitation City carnciPs power to adopt, modify and carry out . 2.09(g) PLATS AND PLATTING City councWe power to adopt plats .................... 2.09(e) PLEAS Power of city to implead and be impleaded ............. 1.05 POLLUTION Water supply of city Power of city to prohibit pollution of streams, drains or tributaries and -provide for policing ............... 1.05(b)(5) POPULATION OF CITY City council districts Balandng of 2.01(b) • populodon ............................. Density of population, city council's power to regulate ... 2.10(c) PROCESS. See: Write, Warrants and Other Process PROFESSIONAL SERVICES Contracts for by city Competitive bidding prohibited ...................... 5.02 PROPERTY City4 wned property Assignment, ezerrtion and garnishment of.. ......... 8.09 City's power to acquire mad dispose of .................. 1.05 Public utility com mcdon. ertensicn. maintenance or operation Comsat of abutting and adjacent property owners not required far; rights of action for damage or injury.. 7.06 Tmmtion. See that title PUBLIC DANGER Mayor to command police, maintain order and enforce law during........................................... 2.08 PUBLIC UTILITIES, See: Utilities Sapp. Na 11 low • CHARTER INDEX PURCHASING Section Bids and bidding Contracts or purchases valued at over three thousand dollars Competitive bidding required for .................. 5.02 Contracts Alterations in ...................................... 5.03 Approval.......................................... 5.02 Power, of city to acquire property ...................... 1.05 Professional services, contracts for Competitive bidding prohibited ...................... 5.02 Requisitions for purchases made by city ................ 5.02 A REAL ESTATE Taxation. See also that title Liens on taxable property ........................... 6.01(c)(2) RECALL Initiative, referendum and recall ....................... 6.01 at seq. Initiative, referendum and recall. See that title RECORDS, PUBLIC Departments and other agencies of city • Public access to records and accounts of .............. Departments and other agencies of city. See that title 6.01 Franchise records .................................... 7.03 Franchises. See that title RECREATION. See: Parke and Recreation REFERENDUMS Bond ordinance, referendum on ....................... 5.05(b)(2) Bond issues. See that title Initiative, referendum and recall ....................... 6.01 et seq. Initiative, referendum and recall. See that title RESOLUTIONS. See: Ordinances, Resolutions, Etc. S SANITATION. See: Health and Sanitation SEAL. See: Corporate Seal SECRETARY. See: City Secretary SEWERS. See: Water and Sewers SIDEWALKS. See: Streets and Sidewalks 0 Supp. No.11 1080.1 LA PORTE CODE SLAUGHTERHOUSES AND PENS Section Power of city to inspect ............................... 1.06(b)(6) SLUM DISTRICTS Plans for clearance of City council's power to adopt, modify and carry out ... 2.09(g) STATE Cooperation with; power of city ....................... 1.05(a) Zoning; state statutes adopted ......................... 2.10(c)(3) STREETS AND SIDEWALKS City's power to establish, widen, alter, close, abolish, supervise, maintain and improve, etc ................ 1.05(b)(2) Improvements Power of city; dominion, control and jurisdiction over streeta, etc ...................................... 1.05(b)(2) SUBPOENAS City council investigations Power to subpoena witnesses ........................ 2.09(c) SUITS, ACTIONS AND OTHER PROCEEDINGS Damage suits against the city, special provisions for ..... 1.06 Power of city to sue and be sued ...................... 1.05 Security or bond, city not required to give or execute in suits, etc ......................................... 8.04 • T TAXATION Assessments City council's power to approve assessment rolls and adopt same ..................................... 2.09(.j) Board of equalization Assessment rolls returned by, approval and adoption of 2.09(j) Membership; compensation; powers and duties; records; public hearing and notice ........................ 6.01(b) Budget of city. See also that title Property tax levy determined in ...................... 4.05 Division of taxation Established; head .................................. 5.01 Initiative of electors; proposing ordinances Tax levy ordinance excluded ........................ 6.01 Liens on taxable property ............................. 5.01(c)(2) Notes authorized in anticipation of tax or revenue collection ........................................ 6.06(a) Payment of taxes When due and payable; tax liens ..................... 5.01(c) Sapp Na 11 • 1080.2. • CHARTER INDEX • TAXATION—Cont'd. Section Property tax Assessment of, method of ........................... 5.01(a) Budget of the city, determination of property ta: levy by 4.05 Notes authorized in anticipation of collection of ....... 5.05(a) TEXAS, STATE OF. See: State TRASH. See: Garbage and Trash U UNITED STATES GOVERNMENT Cooperation with; power of city ....................... 1.05(a) UTILITIES Eminent domain power of city; acquisition of public utilities .......................................... 1.05(b) Franchises ........................................... 7.01 et seq. Franchises. See that title W WATER AND SEWERS Sewers -and sewage disposal City's power to provide system and require connections 1.05(b)(3) Water supply and distribution Pollution of water supply Power of city to prohibit pollution of streams, drains or tributaries and provide for policing and protection of watersheds ....................... 1.05(b)(5) WRITS, WARRANTS AND OTHER PROCESS Mayor recognized by courts for civil process ............ 2.08 7 ZONING Board of adjustment Establishment of; duties ............................ 2.10(c)(2) City council's power to regulate dimensions and location of buildings and other structures, size of yards and open spaces, density of population and uses ......... 2.10(c) Commission Establishment of; duties ............................ 2.10(c)(2) State statutes re Adopted ........................................... 2.10(c)(3) Zoning board of adjustment. See within this title: Board of Adjustment Zoning commission. See within this title: Commission Sum No. 1080.3 IS Proposed Home Rile Charter f or the City of Lam: Forte, Texas AS APPROVED BY CTTi COMMISSION Auciu:st V 1.979 f. a KNOX W. ASKINS, J. D., P. C. ATTORNEY AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 OAIL J. HAMILTON. J. D. LA PORTE, TEXAS 77571 ASSOCIATE August 21, 1979 TO: Members of the Charter Committee Mayor and City Commissioners James R. Hudgens, City Administrator SUBJECT: Suggested Revisions to Home Rule Charter TELEPHONE 713 471.1886 I enclose herewith corrected pages Article II, Page 2; Article II, Page 8; and Article III, Page 4, with corrections suggested at the August 20 meeting of the Charter Committee, at the request of Mrs. Virginia Cline. The corrections on the first page are to provide for the run-off election not less than 21 days, nor more than 30 days, after the regular election. The correction on the second page is to delete from Article 2.08,•the phrase "or appointed." The correction on the third page is to change the second sentence of Article 3.03 to read "The City Secretary shall:". If agreeable, please put these corrected pages in the Charter,- in substitution of the former pages. ln�o. WV.Askins KWA:jm Enclosures your copy of ARTICLE II, Page 2. (2.01 continued) c. Election. All candidates for City Council shall be voted on and elected separately for positions and dis- tricts on said City Council, and each candidate shall. be designated on the official ballot according to the title of such position or district to which he seeks election. Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate shall be elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast for all the candidates for such office,,, the City Council shall call a run-off election to be held not less than twenty-one (21) days, nor more than thirty (30) days, after the regular election, at which run-off election the two (2) candidates receiving the highest number of votes shall be voted for again. In the event of a tie in the vote for the two (2) leading candidates, at the regular election, the City Council shall hold a second election not less than twenty-one (21) days, nor more than thirty (30) days, after the regular election, at which said second election the candidates receiving such tie votes shall be voted for again. d. Term of office. The Mayor and Councilpersons shall each hold their respective offices for a term of three (3) years and until their successors shall have been elected and duly qualified. c ARTICLE II, Page B. 2.08 Duties of Mayor The Mayor shall preside at meetings of Council and shall be entitled to vote upon all matters it considers. The Mayor shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by this charter and the ordinances of the. City. He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for civil process and by the government for purposes of military law. In times of public danger or emergency the Mayor shall take command of the police, maintain order and enforce the law. If a vacancy occurs in the office of Mayor or in the case of his absence or disability, the mayor pro tem shall act as Mayor until a successor is elected and has qualified or until the Mayor is again able to assume his duties of office. 2.09 Powers of Council All powers of the City and the determination of all matters of policy shall be vested in City Council. Council shall execute the laws and administer the government of the City. Without limitation of the foregoing and among the other powers that may be exercised by Council, the following are hereby enumerated for greater certainty: - ARTICLE III, Page 4. (3.02 continued) d. Divisions. The work of each administrative department may be distributed among such divisions thereof as may be established by ordinance or this charter. 3.03 City Secretary The City Manager shall appoint a competent person to be secretary of the City. The City Secretary shall: a. give notice of council meetings. b. authenticate by his signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions. c. perform such other duties as may be assigned to him by Council or elsewhere in this charter. 3.04 Municipal Court .a. Establishment. There shall be established and maintained a Municipal Court with all powers and duties as are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. • b. Municipal judge. City Council shall appoint a competent attorney, duly licensed by the State of Texas, to be judge of the Municipal Court., He shall serve at the pleasure of Council and shall receive compensation as may be fixed by Council. TABLE OF CONTENTS ARTICLE I - INCORPORATION; CITY POWERS 1.01 Incorporation 1.02 City boundaries 1.03 Modification of City boundaries 1.04 Form of government 1.05 Powers of the City 1.06 Special provisions for damage suits ARTICLE II - CITY COUNCIL 2.01 Composition of City Council 2:-02 Qualifications 2.03 Conduct of elections 2.04 Vacancies in City Council 2.05 Compensation 2.06 Original meeting of new Council 2.07 Meetings 2.08 Duties of Mayor 2.09 Powers of Council 2.10 Additional discretionary powers 2.11 Ordinances ARTICLE III - ADMINISTRATION 3.01 City Manager 3.02 Administrative departments 3.03 City Secretary 3.04 Municipal Court 3.05 City Attorney ARTICLE IV - BUDGET 4.01 Preparation and submission of budget 4.02 Availability of proposed budget 4.03 Budget adoption 4.04 Public record 4.05 Effect of approved budget 4.06 Fiscal year defined ARTICLE V - FINANCE ADMINISTRATION 5.01 Division of taxation 5.02 Purchase procedure 5.03 Alterations in contracts 5.04 Fees shall be paid to City 5.05 Borrowing 5.06 Disbursement of funds 5.07 Independent audit 5.08 Appropriations lapse at end of year 1 1 1 1 I u f 1 ARTICLE VI - INITIATIVE, REFERENDUM AND RECALL 6.01 Power of initiative 6.02 Power of referendum 6.03 Procedure for initiative or referendum petition 6.04 Consideration of referendum or initiative by Council 6.05 Election on referendum or initiative 6.06 Amendment of initiative or referendum ordinance 6.07 Power of recall 6.08 Procedure for recall petition 6.09 Recall election 6.10 District judge may order election ARTICLE VII - FRANCHISES AND PUBLIC UTILITIES 7.01 Enfranchisement 7.02 Regulation 7.03 Franchise records 7.04 Accounts of municipally owned utilities 7.05 Franchise value disallowed 7.06 Consent of property owners ARTICLE VIII - GENERAL PROVISIONS 8.01 Publicity of records 8.02 Employees and officers 8.03 Assignment, execution and garnishment of City property 8.04 City not required to give security'or execute bond 8.05 Effect of this charter on existing law 8.06 Amending this charter 8.07 Severability clause 8.08 References to laws 8.09 Approval of this charter 8.10 Provisions of transition 1 1 1 11 1 1 ARTICLE I - INCORPORATION; CITY POWERS 1.01 Incorporation 1.02 City boundaries 1.03 Modification of City boundaries a. Petition b. Otherwise 1.04 Form of government 1.05 Powers of the City a. Generally b. Enumerated powers 1. Eminent domain 2. Streets (a) Powers (b) Improvements 3. Sanitary sewer system 4. Garbage disposal 5. Nuisances, etc. C. General powers adopted 1.06 Special provisions for damage suits 1 ' ARTICLE I INCORPORATION; CITY POWERS ' 1.01 Incorporation ' The inhabitants of the City of La Porte within the boundaries as now established or as hereafter established ' in the manner provided by law shall continue to be a body �. politic and corporate and be known by the name of the City of La Porte. ' 1.02 City boundaries The boundaries and limits of the City shall be the same ' as have heretofore been established and now exist, which boundaries and limits were originally shown on the map ' recorded in Volume 8, Page 16, Map Records of Harris County, ' Texas, and -as modified by subsequent annexations and dis- annexations. ' 1.03 Modification of City boundaries ' The City Council shall have power by ordinance to fix the boundary limits of the Cityand to provide b P Y ordinance for the extension of said boundary limits, by the annexation of additional territory lying adjacent to the City, the disannexation of territory within the City ' and the exchange of territory with other cities and towns, all with or without the consent of the inhabitants in ' such territory or the owners thereof; provided that the foregoing powers shall be exercised by the Council in a ' manner consistent with, and the Council shall comply with, 1 ' ARTICLE I, Page 2. (1.03 continued) ' the procedural rules, requirements and limitations ' prescribed by any law applicable to cities operating under charters adopted or amended pursuant to Article XI, Section 5 of the Constitution of the State of _.,.- Texas, otherwise known ' as home rule cities, including Revised Civil Statutes of Texas Article 907a (Municipal ' Annexation Act). The following methods of annexation may be used: ' a. Petition. The residents of any land contiguous and adjacent to the City may request the annexation of ' such land. Such request shall be made by a petition ' in writing which is signed by a majority of the residents of such land, addressed to City Council and filed with ' the City Secretary. Within thirty (30) days of the filing of such petition, City Council shall hear the ' petition and any arguments for or against it and shall accept or refuse the petition as Council sees fit. If the petition is accepted, Council shall by proper ' ordinance annex such land. b. Otherwise. The City may annex territory by use ' of any of the means provided in Revised Civil Statutes ' of Texas Article 907a (Municipal Annexation Act). F1 ARTICLE I / 2- Page 1 2. ' 1.04 Form of Government 1 The governing body of the City shall be a council composed of the Mayor and six (6) Councilpersons, to be ' known as the City Council of the City of La Porte, here- inafter called City Council. The members of the City Council shall be elected from the City in the manner ' prescribed elsewhere in this charter. 1.05 Powers of the City ' Generally. a. The City shall have.all the powers ' granted to municipal corporations and -to cities by the constitution and laws of the State of Texas together with ' all the implied powers necessary to carry into execution the powers granted. The City may acquire property within ' its or without corporate limits for any city purpose in ' fee simple title or any lesser interest or estate by purchase, gift, devise lease or o P g , , c ndemnation and may 1 ARTICLE I Page 3. ' (1.05 continued) sell, lease, exchange, mortgage, hold, manage and control such property as its interest may require; and, except as ' prohibited by the constitution of this state or restricted by the charter, the City may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The City may use a corporate seal; may sue and be sued, may contract; may implead and be im- pleaded in all courts concerning all matters; may cooperate ' with the government of the United States and of the State of Texas or any agency or political subdivision thereof to ' accomplish any lawful purpose; and may pass such ordinances as may be expedient for maintaining the City's peace and ' welfare and for the performance of its functions. b. Enumerated powers. Without limitation of the fore- going powers, the following are enumerated for greater certainty: 1. Eminent domain. The City shall have the full ' power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this charter 1 or by the constitution and laws of the State of Texas. This power shall include the power to ' acquire any public utility operating with or without a franchise and furnishing a public service. The City may exercise its condemnation I power in any manner authorized or permitted by the 1 1 ' ARTICLE I, Page 4. (1.05 continued) constitution and laws of this state. The power of ieminent domain hereby include conferred shall the right of the City to take fee simple title in land so condemned and such power and authority shall ' include the right to condemn property for such purposes. The City shall have and possess the ' for power of condemnation any municipal or public ' purposes even though not specifically enumerated in this charter. 2. Streets (a) Powers. The City shall have the power to ' lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue,•abolish, close, care for, pave, supervise, maintain and 1 improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regu- late the use thereof and require the removal ' from streets, sidewalks, alleys and other public property or places of all obstructions and all vendors, show cases and encroachments of every nature or character upon any of said streets and sidewalks. 1 1 L 1 ARTICLE I, Page 5. (1.05 continued) (b) Improvements. The City shall have exclu- sive dominion, control and jurisdiction in, upon and over and under the public streets, avenues, .alleys and highways of the City, and may provide ' for the improvement thereof of paving, repaving, raising, draining, or otherwise. The provisions of Revised Civil Statutes of Texas Article 1105b ' are expressly adopted and made a part of this charter. Such exclusive dominion, control and ' jurisdiction in, upon, over and under the public ' streets, avenues, alleys and highways of the City shall also include, but not be limited to, ' the right to regulate, locate, relocate, remove, or prohibit the location of, all utility pipes, ' lines, wires, or other property. ' 3. Sanitary sewer system. The City shall have the power to provide for a sanitary sewer system ' and to require property owners to connect their premises with such sewer system; to provide for ' fixing penalties for failure to make sanitary ' sewer connections; and shall further have the right to fix charges and compensation to be ' charged by the City for sewerage service, pro- ' ARTICLE I, Page 6. (1.05 continued) 1 viding rules and regulations for the collection thereof, and to provide for rendering a lien ' against any property owner's premises who fails or refuses to make sanitary sewer connections ' after due notice and to charge a cost against said owner and make it a personal liability. 4. Garbage disposal. City Council shall by ' ordinance adopt and prescribe rules and regula- tions for the handling and disposition of all ' garbage, trash and rubbish within the City and shall fix charges and compensation to be charged ' by the City for the removal of garbage, trash, ' and rubbish, providing rules and regulations of the collection thereof. ' 5. Nuisances, etc. The City shall have the power to define all nuisances and prohibit the ' same within the City and outside the city limits ' for a distance of five thousand (5,000) feet; have power to police all parks or grounds, ' speedways, or boulevards owned by said City. and lying outside of said City, to prohibit the ' pollution of any stream, drain or tributaries ' thereof, which may constitute the source of 1 ' ART.ICLE I, Page 7. (1.05 continued) ' water supply of any city and to provide for ' policing the same as well as to provide for the protection of any watersheds and the ' policing of same, to inspect dairies, slaughter pens, and slaughterhouses inside and outside ! the limits of the City, from which meat or milk ' is furnished to the inhabitants of the City. C. General powers adopted. The enumeration of the ' particular powers in this charter shall not be held or .deemed to be exclusive but in addition to the powers enumer- ated herein or implied hereby or appropriate to the exercise ' of such powers, the City shall have and may exercise all power of local self-government and all other powers which, ' under the constitution and laws of the State of Texas, it would be competent for this charter specifically to enum- erate. The City shall have and may exercise all the powers ' enumerated in Rivised Civil Statutes of Texas Article 1175. 1.06 Special provisions for damage suits ' Before the City shall be liable to damage claim or suit for personal injury or death or damage to property, ' the person who is injured or whose property is damaged or ' someone in his behalf or his personal representative in cases of death shall give the City Secretary notice in writing ' within thirty (30) days after the occurring of the alleged 1 ' ARTICLE I, Page B. (1.06 continued) injury, death or damage stating specifically in such ' notice when, where and how the injury, death or damage was sustained and setting forth the extent of the in- jury or damage as accurately as possible, and giving ' the names and addresses of all witnesses upon whose testimony such person is relying to establish the ' injury, death or damage. No action at law for damage shall be brought against the City for personal injury, ' death or damage to property prior to the expiration of ' sixty (60) days after the notice hereinabove described has been filed with the City Secretary. After the ' expiration of sixty (60) days aforementioned, the complainant may then have two (2) years in which to ' bring an action of law. 1 1 1 H ' ARTICLE II - CITY COUNCIL 2.01 Composition of City Council ' a. Members of Council ' b. Formation of districts c. Election ' d. Term of office 2.02 Qualifications ' a. Enumerated b. Council to be judge of members' qualifications 2.03 Conduct of Elections ' a. Regulations b. Schedule ' 1-. Regular election ' 2. Special election 2.04 Vacancies in City Council ' a. Candidacy elsewhere ' b. Procedure c. Filing for office ' d. Official ballots e. Canvassing elections ' 2.05 Compensation ' 2.06 Original meeting of new Council 2.07 Meetings - ' a. Frequency b. Rules ' c. Journal 1 1 1 1. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2.08 Duties of Mayor 2.09 Powers of Council 2.10 Additional discretionary powers a. Public library b. Hospital 1. Operation 2. Finances C. Zoning 1. Power 2. Procedure (a) Zoning Commission (b) Zoning Board of Adjustment 3. Generally d. Housing authority 2.11 Ordinances a. Passage 1. Procedure 2. Codification b. Additional ordinances c. Enacting clause ARTICLE II ' CITY COUNCIL ' 2.01 Composition of City Council a. Members of Council. City Council shall be composed ' of a mayor and six (6) Councilpersons. The positions of ' Councilpersons shall be designated as follows: Councilperson--District A ' Councilperson--District B Councilperson--District C ' Councilperson--District D ' Councilperson-at-large--Position 1 Councilperson-at-large--Position 2 ' The mayor and the two (2) Councilpersons-at-large shall be elected by a majority vote of the City at large. ' The City be divided, described shall as below in subsection ' b, into four (4) districts, Districts A., B, C and D, and one (1) Councilperson shall be elected from each district ' by majority vote of the resident voters of such district. b. Formation of districts. City Council shall divide ' the City into four (4) districts which are reasonably ' compact, contiguous and of as nearly equal population as practicable. ' It shall be the duty of City Council to establish the boundaries of four (4) districts covering the entire City for the purpose of electing District Councilpersons. ' Such boundaries shall be established by ordinance, which shall be final for purposes of this Charter. The first ' ARTICLE II, Page 1-1/2. (2.01 continued) ' such establishment shall be made as soon as practicable prior to the first City Election following adoption of ' this section. Any subsequent establishment shall be made when required by this Charter. ' Promptly following the addition of territory to the ' City by a boundary change, the City Council shall, by ordinance, add such territory to an adjacent district or ' districts. ' Immediately following publication of the 1980 Federal census, and at least every five (5) years thereafter, City ' Council shall conduct an investigation and determine the population of the City and the population of each of the ' districts from which District Councilpersons are to be ' elected. Each such determination shall be based upon the best available data, including, but not.limited to, the ' most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final deter- mination for purposes of this Charter. ' After any such determination, if the distribution of population among the various districts is determined by ' City Council to be materially unbalanced, the City Council shall establish new boundaries for the election of District ' Councilpersons. 1 ' ARTICLE II, Page 2. (2.01 continued) c. Election. All candidates for City Council shall be voted on and elected separately for positions and dis- tricts on said City Council, and each candidate shall be designated on the official ballot according to the title ' of such position or district to which he seeks election. Any candidate for office receiving a majority of all ' the votes cast for the office for which he is a candidate ' shall be elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast ' for all the candidates for such office, the City Council shall call a run-off election to be held twenty-one (21) ' days after the regular election, at which run-off election ' the two (2) candidates receiving the highest number of votes shall be voted for again. In the event of a tie in the ' vote for the two (2) leading candidates, at the regular election, the City Council shall hold a'second election ' twenty-one (21) days after the regular election, at which ' said second election the candidates receiving such tie votes shall be voted for again. ' d. Term of office. The Mayor and Councilpersons shall each hold their respective offices for a term of three (3) ' years and until their successors shall have been elected I and duly qualified. 1 ARTICLE II, Page 3. 2.02 Qualifications ' a. Enumerated. The Mayor and Councilpersons shall be resident electors of the city at the time of filing for office, and continuously during their term of office. ' A District Councilperson shall also be a resident of his or her district at the time of filing for office and ' continuously during his or her term of office. b. Council to be judge of members' qualifications. City Council shall be the judge of the election and quali- fications of its members and for such purpose shall have power to subpoena witnesses and require the production of ' records, but the decision of. Council in any such case shall be subject to review by the courts. 2.03 Conduct of Elections ' a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event there ' should be any failure of the general laws or this charter to provide for some feature of the city elections, City Council shall have the power to provide for such defi- ciency, making all regulations i•t considers desirable, not inconsistent with the laws of the State of Texas, ' for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed ' election authorities, who shall also have power to make such regulations not inconsistent with this charter, with ' any regulations made by Council or -the laws of the State of Texas. ARTICLE II, Page 4. (2.03 continued) No informalities in conducting a city election shall ' invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where ' applicable, and the charter and ordinances of the City. ' -.. b. Schedule. 1. Regular election. The regular election for — g ' choice of members of Council shall be held annually on the first Saturday of April. ' 2. Special election. Council may by ordinance or ' resolution order a special election, fix the time for holding same and provide necessary means. ' 2.04 Vacancies in City Council a. Candidacy elsewhere. If the Mayor or any Council - person shall announce his candidacy, or shall in fact ' become a candidate, in any general, special or primary ` election for any office of profit or trust under the laws of Texas or the United States, other than the office he has held, at any time when the unexpired term of the ' office then held shall exceed one (1) year, such ' announcement or such candidacy shall constitute an auto- matic resignation of the office then held. ' b. Procedure. When a vacancy occurs for any reason in the office of Mayor or Councilperson, Council shall call a 1 1 ' ARTICLE II, Page 5. (2.04 continued) special election within one hundred twenty (120) days. At said election the vacant office or offices shall be ' filled under the provisions of this charter. c. Filing for office. Each candidate for public office must: 1. Be a qualified voter in the City. 2. File sworn application with City Secretary ' at least thirty (30) days prior to the election date. ' 3. Post the required filing fee: ' For Mayor ------------ not to exceed the sum of $100.00 For Councilperson ---- not to exceed the sum of $ 50.00 ' The filing fees shall be used to defray the cost of the election and said fee shall be prorated and ' any surplus shall be refunded to said candidates. In lieu of posting such fee, a candidate may submit a petition requesting that his name be placed 1 on the ballot. Said petition shall bear a number of signatures of qualified electors who are residents ' of the city, be less'than which number shall not five per cent (5%) of the total vote cast at the most recent regular election in which a Councilperson 1 ' ARTICLE II, Page 6. (2.04 continued) was elected or fifty (50), whichever is the lesser ' number. Each signer shall indicate his address ' and the number and county of his voter registra- tion certificate. ' 4. File for only one City office. d. Official ballots. The full names of all candidates ' for Mayor or Council as hereinbefore provided, except such ' as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations. ' If two (2) candidates with the same surnames, or with names so similar as to be likely to cause confusion, file for ' office, their occupations or the addresses of their places ' of residence shall be placed with their names on the ballots. The order of the names on the ballot shall be determined by ' lot. ' e. Canvassing elections. Returns of the elections, general and special, shall be made by the election officers to Council promptly following said election at which time Council shall canvass and declare the results of such ' election. ' 2.05 Compensation Each Councilperson and the Mayor t ' ARTICLE II, Page 7. (2.05 continued) shall receive for his services, a salary in an amount 1 determined by the Council, not to exceed the sum of twenty- four hundred dollars ($2,400.00) per year for the Mayor, and twelve hundred dollars ($1,200.00) per year for each Councilperson. 2.06 original meeting of new Council 1 on the first Monday next following the regular municipal election held on the first Saturday of April, or as soon thereafter as practicable, City Council shall meet at the ' usual place for holding meetings, and the newly -elected members shall qualify and assume the duties of office. At 1 its members to such meeting Council shall select one of ' serve as mayor pro tem, who shall serve for a one (1) year term and until his successor is appointed and has qualified. ' 2.07 Meetings a. Frequency. City Council shall meet regularly at such times as may be prescribed by its rules but not less ' frequently than once each month.. All meetings of Council shall be open to the public; special meetings shall be ' called by the City Secretary upon request of the Mayor or three (3) Councilpersons. ' .b. Rules. City Council shall determine its own rules ' and order of business. c. Journal. City Council shall keep a journal of its ' proceedings. Such journal shall be open to public inspection. k 11 ARTICLE II, Page 8. ' 2.08 Duties of Mayor The Mayor shall preside at meetings of Council and ' shall be entitled to vote upon all matters it considers. The Mayor shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by this charter and the ordinances of the City. He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for civil process and by the government for purposes of military law. In times of public danger or emergency the Mayor shall take ' command of the police, maintain order and enforce the law. If a vacancy occurs in the office of Mayor or in the case ' of his absence or disability, the mayor pro tem shall act as Mayor until a successor is elected or appointed and has qualified or until the Mayor is again able to assume ' his duties of office. 2.09 Powers of Council ' All powers of the City and the determination of all matters of policy shall be vested in City Council. Council shall execute the laws and administer the government of ' the City. Without limitation of the foregoing and among the other powers that may be exercised by Council, the ' following are hereby enumerated for greater certainty: 1 ' ARTICLE II, Page 9. (2.09 continued) a. Establish administrative departments and distribute ' the work of divisions. b. Adopt budget of the City. ' c. Authorize the issuance of bonds by a bond ordinance. d. Inquire into the conduct of any office, department, agency, or officer of the City and make investigations as ' to municipal affairs, and for that purpose may subpoena ' witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall Iconstitute a misdemeanor and shall be punishable by fine. Council shall enact an ordinance to enforce this rovision. ' e. Establish and appoint the members of the planning ' commission. f. Adopt plats. ' g. Adopt and modify the official map of the City. ' h. Adopt, modify, and carry out plans proposed by the planning commission for the clearance of slum districts ' and rehabilitation of blighted areas. i. Adopt, modify and carry out plans proposed by the ' planning commission for the replanning, improvement and redevelopment of neighborhoods and for the replanning, ARTICLE II, Page 10. (2.09 continued) reconstruction or redevelopment of any area or district ' which may have been destroyed in whole or in part by disaster. ' j. Provide for the establishment and designation of ' fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof ' buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or ' dilapidated buildings calculated to increase the fire hazard, and the manner of their removal or destruction. ' k. Approve assessment rolls as returned to it by ' the board of equalization and adopt same as the -assessment rolls to be used for the collection of taxes for the current year. LO. Control and distribute all contingent appropria- tions. Expenditures from a contingent appropriation shall ' require prior approval of Council. A contingent appro- priation shall be disbursed only by transfer to a depart- mental appropriation, the spending of which shall be charged to the department or activity for which the appro- priation is made. ' ARTICLE II, Page 11. ' 2.10 Additional discretionary powers In addition to the above powers and without limitation ' of such, City Council shall have the power to, and may at ' its discretion, do any or all of the following: a. Public library. Council shall have the authority to establish and maintain a free public library within the City and to cooperate with any person, firm, association or ' corporation under such terms as Council may prescribe for ' the establishment of such free public library. For budget purposes, the library shall be considered as a department .' of the City and the appropriations•therefor shall comply with all the budgetary requirements as outlined in this ' charter and as may be prescribed from time to time by ' Council. b. Hospital 1. Operation. The City shall have the authority ' to acquire, establish and own, either by purchase, donations, bequest or otherwise all property that ' may be useful or necessary for the purpose of establishing and maintaining a municipal hospital. ' Upon establishment of such hospital, Council shall create a hospital board with membership and compen- sation deemed appropriate by Council, which shall ' operate the hospital subject only to such direction and supervision as shall be contained in any ' ordinance or ordinances enacted by Council. 1 ' ARTICLE II, Page 12. (2.10 continued) t 2. Finances. All funds belonging to said hospital, ' whether classed as funds received in course of ' operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the City for general opera-ting pur- poses with the express consent of'"Lhe hospital board. The hospital board shall submit a quarterly operating statement to Council, and an annual audit ' to coincide with the fiscal year of the City. C. Zoning ' 1. Power. For the of the health, purposes promoting ' safety, morals or general welfare of the City, Council may by ordinance regulate the location, ' height, bulk and size of buildings and other struc- tures, the size of yards, courts and other open the density the spaces, of population and uses of ' buildings, structures and land for trade, industry, business, residence and other purposes. ' 2. Procedure. Should Council enact regulation under Subsection 1, above, it shall establish a ' Zoning Commission and may establish a Zoning I Board of Adjustment. 1 ARTICLE II, Page 13. (2.10 continued) 1 1 1 - 1 1 1 1 1 1 1 1 1 1 1 1 1 (a) Zoning Commission. (1) The Zoning Commission shall recommend to Council the location of zoning districts and restrictions therein, and shall hold public meetings on such recommendations. (2) Commission members shall receive such compensation as Council may deem appropriate. (3) Council may combine the duties of said Commission with the duties of the planning commission, as provided in Section 2.09e-j, to form a Planning and Zoning Commission. (b) Zoning Board of Adjustment. (1) The Zoning Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special excep- tions to the terms of a zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. (2) Board members shall receive such compen- sation as Council may deem appropriate. ' ARTICLE II, Page 13h. (2.10 continued) F ' 3. Generally. All of the powers granted by Revised Civil Statutes of Texas, Articles 1011a to 1011j, inclusive, relating to zoning in cities, ' are hereby adopted and made a part of this charter. .d. Housing authority. Council may create a housing authority of such number, terms and compensation of members as Council may determine and may delegate -to the housing ARTICLE II, Page 14. (2.10 continued) 1 authority such powers relating to the planning, construc- tion, reconstruction, alteration, repair, maintenance or ' operation of housing projects and housing accommodations as Council may determine. ' 2.11 Ordinances a. Passage ' 1. Procedure. Every ordinance shall be intro- duced in written or printed form, and, upon passage, ' shall take effect at the time indicated therein; ' provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall ' become effective not less than ten (10) days from the ' date of its passage. The City Secretary shall give notice of the passage of every ordinance imposing ' a penalty, fine or forfeiture for a violation of 1 r L I . I F1 ARTICLE II, Page 15. (2.11 continued) the provisions thereof, by causing the caption or ' title, including the penalty, of any such ordinance to be published in the official newspaper in the ' City at least once within ten (10) days of its ' passage according to the provisions of Revised Civil Statutes Article 1013. He shall note on ' every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required ' by the charter, and the date of such publication, and promulgation of such ordinance; provided, that ' the provisions of this section shall not apply to the correction, amendment, revision and modifica- tion of the ordinances of the City for publication ' in book or pamphlet form. Except as otherwise provided in Article VII of this charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or con- sidered at more than one session of City Council. ' Every ordinance shall be authenticated by the sig- nature of the Mayor and City Secretary and shall be ' systematically recorded in an ordinance book in a 1 I � ' ARTICLE II, Page 16. (2.11 continued) manner approved by Council. It shall only be ' necessary to record the caption or title of ordinances in the minutes of journal of Council ' meetings. 2. Codifications. Council shall have power to cause the ordinances of the City to be corrected, ' amended, revised, codified and printed in code form as often as Council deems advisable. Such printed code, when adopted by Council, shall be in ' full force and effect without the necessity of publishing the same or any part thereof in a news- paper and shall be admitted in evidence in all courts and places without further proof. ' b. Additional ordinances. In addition to such acts ' of Council as are required by statute or by this charter to be by ordinance, every act of Council establishing a fine ' or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. ' c. Enacting clause. The enacting clause of all ordi- nances shall be, "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE." 11 ARTICLE III - ADMINISTRATION 3.01 City Manager a. Appointment and qualifications ' b. Term and salary c. Duties d. Provisions for absence 3.02 Administrative departments a. Creation ' b. Consolidation c. Directors ' d. Divisions 3.03 City Secretary 3.04 Municipal Court a. Establishment b. Municipal Judge ' c. Alternate Municipal Judge d. Court clerk ' fines e. Costs and ' 3.05 City Attorney ARTICLE III ADMINISTRATION ' 3.01 City Manager ' a. Appointment and qualifications. City Council shall appoint a City Manager, who shall be chosensolely on the ' basis of his executive and administrative training, exper- ience and ability. No member of City Council shall, during ' the term for which he is elected and for one year there- after, be appointed City Manager. b. Term and salary. The City Manager may be appointed ' and removed at the will and pleasure of City Council by a vote of the majority of the entire City Council. The action ' of City Council in suspending or removing the City Manager ' shall be final, it being the intention of this charter to vest all authority and fix all responsibility of such ' action in City Council. Council shall set a salary for the City Manager as it u deems appropriate. C. Duties. Except as provided elsewhere in this charter, the City Manager shall be the chief executive officer and head of the administrative branch of the city government. He shall be responsible to the Council for the proper admin- istration of all affairs of the City and to that end he shall have power and be required to: 1. Devote all his working time and attention to the affairs of the City. 2. Appoint and, when necessary for the good of the City, remove all City officers and employees except ARTICLE III, Page 2. ' (3,01 continued) ' those for which this charter provides otherwise. He may authorize the head of a department to ' appoint and remove subordinates in such department. 3. Prepare the budget annually, submit it to ' Council and be responsible for its administration ' after adoption. 4. Prepare and submit to Council as of the end of ' the fiscal year a complete report on the finances and administrative activities of the City for the ' preceding year. ' 5. Keep Council advised of the financial condition and future needs of the City and make such recom- mendations as may seem to him desirable. 6. Perform such other duties as may be prescribed by this charter or required of him by the Council, ' not inconsistent with this charter. d. Provisions for absence. Within thirty (30) days ' after taking office, the City Manager shall designate by letter filed with the City Secretary a qualified adminis- trative officer of the City to perform his duties during ' his temporary absence or disability. Upon receipt of said letter, the City Secretary shall advise Council of its ' ARTICLE III, Page 3. (3.01 continued) ' contents. Said letter shall be in force and effect for ' the duration of the City Manager's employ or until he files another such letter. 3.02 Administrative departments I a. Creation. There are hereby created the following administrative departments. finance, police, fire, law, ' public works, health, parks and recreation, and water and sewer. ' Upon recommendation of the City Manager, Council may by ' ordinance create or abolish offices, departments, or agencies other than the offices, departments and agencies established by this charter. b. Consolidation. Council may, upon recommendation ' of the City Manager, consolidate or redesignate any of the ' offices, departments and agencies. c. Directors. The City Manager shall appoint a director ' to supervise and control each department. Such director shall be an -officer of the City and shall have supervision ' and control of his department, subject to the supervision ' of the City Manager. Two (2) or more departments may be headed by the same individual, and directors of departments ' may also serve as chiefs of divisions. The City Manager may head one or more departments. 1 11 ARTICLE III, Page 4. (3.02 continued) d. Divisions. The work of each administrative ' department be distributed divisions thereof may among such ' as may be established by ordinance or this charter. 3.03 City Secretary ' The City Manager shall appoint a competent person to be secretary of the City. He shall: ' a. give notice of council meetings. ' b. authenticate by his signature and record in full in a kept f r book k t and indexed the purpose all ordinances b o p p ' and resolutions. c. perform such other duties as may be assigned to him by in this Council or elsewhere charter. 3.04 Municipal Court a. Establishment. There shall be established and ' maintained a Municipal Court with all powers and duties as are now, or may hereafter be, prescribed by the laws of for the State of Texas municipal courts. ' b. Municipal judge. City Council shall appoint a competent attorney, duly licensed by the State of Texas ' to be judge of the Municipal Court. He shall serve at the pleasure of Council and shall receive compensation as may be fixed by Council. 1 L ' ARTICLE III, Page 5. (3.04 continued) c. Alternate Municipal judge. Council shall have the ' power to create and appoint additional judges as provided ' by law. d. Court Clerk. Subject to the approval of the Muni- cipal Judge, the City Manager shall appoint a Municipal Court clerk and deputy clerks as may be deemed necessary by Council. Said clerk or clerks shall have the power to ' administer oaths and affidavits, make certificates, affix the seals of said Court thereto and generally do and per- form any and all acts usual and necessary by clerks of court in conducting the business thereof. e. Costs and fines. All costs and fines imposed by ' the Municipal Court, or any court in cases appealed from its judgments, shall be paid into the City treasury for ' the use and benefit of the City. 3.05 City Attorney City Council shall appoint a competent attorney, duly ' licensed by the State of Texas, to be City Attorney and head of the department of law. He shall be appointed and removed at the will and pleasure of Council by a majority vote of the entire Council, and shall receive compensation as may be fixed by Council. 1 1 1 1 1 1 1 ARTICLE III, Page 6. (3.05 continued) The City Attorney, or other attorneys selected by him with the approval of Council, shall represent the City in all litigation. He shall be the legal advisor of, and attorney and counsel for, the City and all offices and departments thereof. IARTICLE IV - BUDGET ' budget 4.01 Preparation and submission of ' a. Contents of budget b. Attachments to budget ' 1. Budget message _ 2. Supporting schedules ' 3. Comparison tables ' (a) Anticipated revenues (b) Proposed expenditures ' c. Balanced budget 4.02 Availability of proposed budget ' 4.03 Budget adoption ' a. Publication of notice of public hearing b. Public hearing ' c. Vote required for adoption d. Adoption ' 4.04 Public record ' a. Filed b. Availability 4.05 Effect of approved budget 4.06 Fiscal year defined 1 I ARTICLE IV ' BUDGET 4.01 Preparation and submission of budget ' At least forty-five (45) days prior to the beginning of each fiscal year, the City Manager shall submit to Council a proposed budget with required attachments. For such purpose, at such date as he shall determine, he shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, ' department, or agency detailed by organization units and character and object of expenditure, and such other support- ing data as he may request. In preparing the budget, the City Manager shall review the estimates, may hold hearings ' thereon and may revise the estimates, as he may deem ' advisable. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall ' contain the following: 1. A consolidated statement of receipts and ' expenditures for all funds. 2. An analysis of property valuations. ' 3. An analysis of tax rate. 4. Tax levies and tax -collections by years for at least ten (10) years or for a number of years ' for which records are available. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE IV, Page 2. (4.01 continued) 5. A detailed listing of the resources of each fund. 6. A summary of proposed expenditures within such funds by department, function and classifi- cation. 7. A revenue and expense statement for all out- standing bonded debt. 8. A schedule of principal and interest on each issue of outstanding •bonds showing rate of interest, maturity dates, and amount outstanding. 9. The appropriation ordinance. 10. The tax levying ordinance. ARTICLE IV, Page 3. ' (4.01 continued) ' b. Attachments to budget 1. Budget message. The City Manager shall prepare ' a budget message which shall be submitted with the _v budget. It shall contain an outline of the pro- financial posed policies of the City for the fiscal ' year and describe in connection therewith the important features of the budget plan. It shall ' set forth the reasons for salient changes from the previous years in expenditures and revenue items ' in and shall explain any major changes financial ' policy. 2. Supporting schedules. Attached to the budget ' shall be such supporting schedules, exhibits and other explanatory material, in respect to both ' current operations and capital outlays as the City ' Manager shall believe useful to Council. ARTICLE IV, Page 4. (4.01 continued) 3. Comparison tables. The City Manager may ' prepare tables in which various items may be compared with those of previous years and shall attach such to the budget. (a) Anticipated revenues. In parallel columns opposite the several items of revenue there ' be the item shall placed actual amount of such ' for the first six (6) months of the current year, the budgeted amount for the current fis- cal year, and the proposed amount for the ensuing fiscal year. ' (b) Proposed expenditures. The proposed ' expenditures for the administration, operation, maintenance and capital outlay of each office, ' department or agency of the City shall be itemized by character and object. In parallel ' column opposite the various items of expendi- tures there shall be placed the actual amount of such items of expenditures for the last completed fiscal year, the estimated amount for the current fiscal year and the proposed amount ' for the ensuing fiscal year. ' c. Balanced budget. The total estimated expenditures of the general fund and debt service fund shall not exceed 1 ARTICLE IV, Page 5. ' (4.01 continued) the total estimated re sources of each fund (prospective ' income plus cash on hand). The classification of revenue and expenditure 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 nationally accepted classification. ' 4.02 Availability of proposed budget The proposed budget and all attachments shall be a ' public record in the office of the City Secretary, open to ' public inspection. The City Manager shall cause sufficient copies of such to be prepared for distribution to interested ' persons. 4.03 Budget adoption ' a. Publication of notice of public hearing. At the ' meeting of City Council at which the budget and attachments are submitted, Council shall determine the place and time ' of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than ' seven (7) days after date of publication, at which Council ' will hold a public hearing. b. Public hearing. At the time and place so advertised, ' or at any time and place to which such public hearing shall from time to time be adjourned, City Council shall hold a 1 ARTICLE IV, Page 6. (4.03 continued) 1 public hearing on the budget as submitted, at which all ' interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. c. Vote required for adoption. The budget shall be ' adopted by the favorable votes of at least a majority of all members of the whole Council. d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal year. Should ' Council take no final action on or prior to such day, the P Y. ' budget as submitted by the City Manager shall be deemed to have been finally adopted by Council. ' Upon final adoption, the budget shall be in effect ' for the fiscal year. 4.04 Public record ' a. Filed. A copy of the budget as finally adopted shall be filed with the City Secretary.' ' b. Availability. The final budget shall be printed, ' mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments ' and agencies, and for the use of interested persons and civic organizations. ' 4.05 Effect of approved budget ' From the effective,date.of the budget, 1 1 1 1 1 1 1 1 1 .ARTICLE IV, Page 7. (4.05 continued) a. The several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. b. The amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the City, in the corresponding tax year. 4.06 Fiscal year defined The fiscal year of city government shall begin on the first day of October and end on the last day of September of the succeeding calendar year.. Such fiscal year shall also constitute the budget and accounting year. J. 1 1 1 1 1 1 ARTICLE V - FINANCE ADMINISTRATION 5.01 Division of taxation a. Property subject to tax, method of assessment b. Board of Equalization 1. Membership 2. Compensation 3. Powers and duties 4. Records 5. Public hearing and notice to owner c. Payment of taxes 1. When due and payable 2. Tax liens 5.02 Purchase procedure 5.03 Alterations in contracts 5.04 Fees shall be paid to City 5.05 Borrowing a. Negotiable notes b. Capital improvements 1. Power and authority to incur indebtedness 2. Referendum on bond ordinance 3. Public sale of all bonds 5.06 Disbursement of funds 5.07. Independent audit 5.08 Appropriations lapse at end of year 1 1 .1 C 1 1 ARTICLE V FINANCE ADMINISTRATION 5.01 Division of taxation There shall be established in the Department of Finance a division of taxation, the head of which shall be the City Tax Assessor -Collector. a. Property subject to tax; method of assessment. All real and personal property within the City not expressly exempted by law shall be subject to annual taxation at its true market value. Each person, partnership and corporation owning property within the limits of the City shall between the first day of January and the thirty-first day of•March of each year,, hand to the Tax Assessor -Collector a full and complete sworn inventory of the property possessed or controlled by him, her or them -within said limits on the first day of January of the current year. In all cases of failure to obtain a statement of real and personal property from any cause, the Tax Assessor -Collector shall ascertain the amount and value of such property and assess the same as he believes to be true and full value thereof; and such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. b. Board of Equalization 1. Membership. City Council shall each year prior to the first day of March appoint three (3) residents ARTICLE V, ' Page 2 (5.01 continued) who are qualified voters as the Board of Equalization. Such board shall choose from its membership a chair- person. A majority of said board shall constitute a quorum for the transaction of business. The Tax Assessor -Collector shall be ex officio secretary of the board. 2. Compensation. Members of the board while serving shall receive such compensation as Council may deem appropriate. 3. Powers and duties. In order that all property within the City shall be assessed as uniformly as possible, the Board of Equalization shall have the power. and duty to: (a) Adopt regulations regarding the procedure .of assessment review. (b) Review, on complaint of property owners, •ass.essments for the purpose of taxation of both real -and personal property within the City made by the Assessor -Collector. (c) Examine and, if necessary, revise the assessments returned by the Tax Assessor -Collector and as previously set by the Board. ATTICLE V, Page 3. ' (5.01 continued) ' (d) Administer oaths, take testimony, hold hearings and compel the production of all books, documents, and other papers pertinent to the investigations of the taxable values of ' firm, having any person, or corporation or ' owning property within the corporate limits of the City subject to taxation. ' (e) Certify its approval of the assessment rolls and have them returned to the Tax ' Assessor immediately -Collector, upon completion ' of the Board's work. 4. Records. The Board shall be required to keep ' an accurate record of all its proceedings, which record shall be available for public inspection. ' 5. Public hearing and notice to owner. At the ' same meeting that City Council appoints the Board of Equalization, it shall by ordinance fix the ' time of the first meeting of the Board which shall be on the tenth day of May, or as soon thereafter as practicable. After such first meeting, the ' Board may reconvene and adjourn from time to time, and as long thereafter as may be necessary, it shall hear ' and determine the complaint of any person in relation 1 I . 1 1 I ARTICLE V, Page 4. (5.01 continued) to the assessment roll. Whenever said Board shall find it their duty to raise the value of any property appearing on the lists or books of the 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) nor 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 such property or to the person rendering same of the time to which said Board has adjourned, and that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may be served by depositing the same, properly addressed, and postage paid, in the city post office. c. Payment of taxes 1. 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 following the year for which -the tax was levied, ARTICLE V, Page 5. ' (5.01 continued) and all such taxes not paid prior to such date shall ' be deemed delinquent and shall be subject to such penalty and interest as City Council may provide ' by ordinance. ' 2. Tax liens. The tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon ' the property upon which tax is due, which lien, charge, or encumbrance the City is entitled to ' enforce and foreclose in any court having jurisdic- tion over the same, and the lien, charge and encum- brance on the property in favor of the City, for ' the amount of taxes due on such property is such as to give the state courts jurisdiction to enforce ' and foreclose said lien on the property on which ' the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against non-residents. All taxes upon real estate shall especially be a lien and a charge ' upon the property upon which the taxes are due, ' which lien may be foreclosed in any court having jurisdiction. 11 ' ARTICLE V, Page 6. (5.02 continued) ' 5.02 Purchase procedure All purchases made and contracts executed by the City ' shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be ' changed, and no contract or order shall be binding upon ' the City unless and until the City Manager or his designee approves the same and certifies that there is to the credit ' of such office, department or agency a sufficient unencum- bered appropriation and allotment balance to pay for the ' supplies, materials, equipment or contractual services ' for which the contract or order'is to be issued. Before the City makes any purchase or contract, opportunity shall ' be given for competition. Council may by ordinance confer upon the City Manager general authority to contract for ' expenditures without further approval of Council for budgeted ' items not exceeding three thousand dollars ($3,000.00). All contracts for expenditures involving more than three ' thousand dollars ($3,000.00) must be expressly approved in advance by Council. All contracts or purchases involving ' more than three thousand dollars ($3,000.00) shall be let ' to the lowest bidder, considering quality, after there has been -opportunity for competitive bidding as provided for ' by law or ordinance; provided that Council or the City 1 I ARTICLE V, Page 7. (5.02 continued) Manager, in such cases as he is authorized to contract ' for the City, shall have the right to reject any and all ' bids. Contracts for professional services for which bidding is prohibited by law shall not be let on ' competitive bids. 5.03. Alterations in contracts ' Except in case of emergency, alterations in any ' contract not to exceed twenty-five per cent (25%) of the total contract may be made when authorized by Council ' upon written recommendation of the City Manager; provided that such alteration is acceptable to the other party to the contract. When such recommended change is for an amount not more than Five Thousand Dollars ($5,000.00), Council may authorize the City Manager to approve such ' alterations. 5.04 Fees shall be paid to City ' All fees for city services received by any officer or ' employee shall belong to the city government and shall be paid to the department of finance at such times as required by the director of the finance department. 5.05 Borrowing ' a. Negotiable notes. In any fiscal year, City Council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the City which shall mature ' ARTICLE V, Page 8. (5.05 continued) ' and be payable not later than the end of the fiscal year in which the original notes have been issued. All such ' notes may be sold at not less than par and accrued interest ' at private sale by the director of the finance department without previous advertisement, but such sale shall be authorized by Council. Such notes shall be in anticipation ' of either of the following: 1. Property taxes. Notes authorized in anticipa- tion of the collection of property taxes in a fiscal year shall be designated "tax anticipation tnote for the year (stating the fiscal year). ' 2. Other revenues. Notes authorized in anticipation of the collection or receipt of other revenues shall ' be designated "special revenue note for the year " (stating the fiscal year). ' b. Capital improvements 1. Power and authority to incur indebtedness. The city shall have the power and authority, by ordinance ' duly adopted, to borrow money on the credit of the City for permanent public improvements and to issue its general obligation bonds, revenue bonds, refund- ing bonds, certificates of indebtedness, notes warrants, or other forms of indebtedness pursuant ' to and in accordance with the present or herein- after adopted or amended general. and special laws ARTICLE V, Page 9. (5.05 continued) of this state applicable to home rule cities, except ' as such power and authority is expressly limited or denied by this charter, or any amendments hereto. 2. Referendum on bond ordinance. Each bond ordi- nance passed pursuant to a purpose which has been authorized by majority vote of the voters of the ' City at an election shall not be subject to refer- endum. Each bond ordinance relating to bonds not authorized by the qualified voters of the City, ' shall be subject to permissive referendum on peti- tion pursuant to the provision of'Article VI of this charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be ' issued to finance the improvement or extension of a municipally owned or operated utility or other ' public service enterprise. ' 3. Public sale of all bonds. No bonds issued under this charter shall be sold without first offering ' the same at public sale. Notice of such sale shall ' be given by publication at least once in a financial journal published in the State of Texas and by pub- lication at least once in the official newspaper of F ' ARTICLE V, Page 10. (5.05 continued) ' the City, both of such publications to be made not less than ten (10) days prior to the date ' set for such sale. 5.06 Disbursement of funds ' All checks, vouchers or warrants for the withdrawal ' of funds from the city depository shall be executed in accord with the provisions of this charter and shall be ' signed by the City Manager or his deputy and counter- signed by a member of City Council. ' 5.07 Independent audit ' Prior to the end of each fiscal year, Council shall designate a practicing certified public accountant, who is 9 P 9 ' licensed by the State of Texas, to make an independent audit of accounts and other evidences of financial trans- actions of the city government and shall submit a report ' to Council. Notice shall be given by publication in the official newspaper in the City that the annual audit is ' on file at the city hall for inspection. Such accountant 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE V, Page 11. (5.07 continued) shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. They shall not maintain any accounts or records of the city business, but, within specifications approved by Council, shall post audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city govern- ment. 5.08 Appropriations lapse at end of year All appropriations shall lapse'at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. ' ARTICLE VI - Initiative, Referendum and Recall 6.01 Power of initiative ' 6.02 Power of referendum ' 6.03 Procedure for initiative or referendum petition a. Form of petition 1. Text 2. Signatures 3. Circulators ' 4. Affidavit b. Submission of petition ' 1. Filing 2. Examination 3. Certification ' (a) Procedure (b) Effect ' Amendment c. of petition ' d. Refiling not prejudiced 6.04 Consideration of referendum or initiative by Council ' a. Referendum b. Initiative ' 6.05 Election on referendum or initiative a. Submission to electors b. Form of ballot ' c. Results 6.06 Amendment of initiative or referendum ordinances ' 6.07 Power of recall ' 6.08 Procedure for recall petition a. Affidavit b. Petition blanks ' c. Return of petition 6.09 Recall election ' a. Submission b. Ballots ' 'c. Results 6.10 District judge may order election 1 ARTICLE VI INITIATIVE, REFERENDUM AND RECALL 6.01 Power of initiative ' The electors shall have the power to propose any ' ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject ' the same at the polls, such power known as the initiative. 6.02 Power of referendum ' The electors shall have power to approve or reject at the polls any ordinance passed by Council, or submitted by Council to a vote of the electors, except as provided in Section 5.05, such power being known as the referendum. Ordinances submitted to Council by initiative petition ' and passed by Council without change shall be subject to the referendum'in the same manner as the other ordinances. 6.03 Procedure for initiative or referendum petition a. Form of petition 1. Text. Initiative petition papers shall contain the full text of the proposed ordinance. ' 2. Signatures (a) The signatures to initiative or referendum ' petitions need not all be appended to one paper, but to each separate petition there shall be ' attached a statement of the circulator thereof ' ARTICLE VI, Page 2. (6.03 continued) as provided by this section. Each signer of ' any petition paper shall sign his name in ink ' or indelible pencil and shall indicate after his name his place of residence by street and ' number, or other description sufficient to identify the place. ' (b) The petition shall be signed by qualified ' electors of the City equal in number to at least fifty per cent (50%) of the number of votes ' cast in the last regular municipal election. 3. Circulators. There shall appear on each petition ' the names and addresses of five (5) electors, who, as circulators, shall be regarded as responsible for the circulation and filing of the petition. t4. Affidavit. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine signatures of the persons whose ' names they purport to be. 1 1 ' ARTICLE VI, Page 3. (6.03 continued) b. Submission of petition ' 1. Filing. All petition papers comprising an ' initiative or referendum petition shall be assembled and filed with the City Secretary as ' one instrument. 2. Examination. Within twenty (20) days after ' a petition is filed, the City Secretary shall ' determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The City Secretary shall declare any petition paper entirely invalid which ' does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper ' is found to be signed by more persons than the number of signatures certified by the circulator, ' the last signatures in excess of the number certi- fied shall be disregarded. If a petition paper is found to be signed by fewer persons than the number ' certified, the signatures present shall be accepted unless void on other grounds. 1 1 1 ' ARTICLE VI, Page 4. (6.03 continued) 3. Certification (a) Procedure. After completing his examina- tion of the petition, the City Secretary shall certify the result thereof to City Council at ' its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in hiscertificate the particulars in ' which it is defective and shall at once notify the circulators of his findings. ' (b) Effect. When a referendum petition, or amended petition has been certified as suffi- cient by the City Secretary, the ordinance ' specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as Ihereinafter provided. ' c. Amendment of petition. An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the City Secretary, by filing a supplementary petition upon ' additional papers signed and filed as provided in case of 1 an original petition. The City Secretary shall, within ' ARTICLE VI, Page 5. (6.03 continued) five (5) days after such an amendment is filed, make ' examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the circulators of his findings and no further action shall be had on such insufficient petition. d. Refiling not prejudiced. The finding of the ' insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. 6.04 Consideration of referendum or initiative by Council Whenever City Council receives a certified initiative ' or referendum petition from the City Secretary, it shall ' proceed at once to consider such petition and shall take final action on it within sixty (60) days after the date on which it was submitted to Council. a. Initiative. A proposed initiative ordinance shall be read and provision made for a public hearing on such ' before the time set for final action. b. Referendum. A referred ordinance shall be con- sidered by Council and its final vote upon such reconsider- ation shall be upon the question, -"Shall the ordinance in the referendum petition be repealed?" 1 1 ' ARTICLE VI, Page 6. ' 6.05 Election on referendum or initiative a. Submission to electors. If Council shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth in the petition therefor, or if'Council fails to repeal a referred ' ordinance, the proposed or referred ordinance shall be submitted to the electors on the next election day as established by the laws of the State of Texas. Council ' may, in its discretion, and if no regular election is to be held on such day shall, provide for a special election. b. Form of ballot. Ordinances submitted to vote of ' electors in accordance with this Article shall be sub- mitted by ballot title, which shall be prepared in all cases by the City Attorney. The ballot title may be dif- ferent from the legal title of any such initiated or referred ' ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. Below the ballot title shall appear the following propositions, one preceding the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ' ORDINANCE." ' Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but ' any paper ballot used for voting thereon shall be for that purpose only. I�I ARTICLE VI, Page 7. (6.05 continued) 1 C. Results. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor ' thereof, it shall thereupon be an ordinance of the City. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the ' electors at the same election, the one receiving the ' greatest number of affirmative votes shall prevail to the extent of such conflict.. ' 6.06 Amendment of initiative or referendum ordinances ' Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by Council, as in the case of other ordinances. 6.07 Power of recall rThe Mayor or any Councilperson may be removed from ' office by recall. No recall petition shall be filed against the Mayor or ' a Councilperson within six (6) months after he takes office nor in respect to an officer subjected to a recall ' election and not removed thereby, until at least six (6) ' months after such election. 6.08 Procedure for recall petition ' a. Affidavit. Any elector of the City may make and file with the City Secretary an affidavit containing the ' ARTICLE VI, Page 8. (6.08 continued) name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. ' b. Petition blanks. Upon receipt of said affidavit, the City Secretary shall deliver to said elector copies ' of petition blanks demanding such removal. The City Secretary shall keep a sufficient number of printed petition blanks on hand for distribution. Such blanks ' when issued shall: 1. Be signed by the City Secretary. 2. Be addressed to City Council. 3. Be numbered and dated. ' 4. Indicate the name of the person to whom issued. ' 5. Indicate the name of the officer whose removal is sought. - ' 6. Indicate the number of such blanks issued. The City Secretary shall enter in a record to be kept in his office the name of the elector to whom the petition blanks ' were issued and the number issued to said person. c. Return of petition. To be effec.tive, the recall petition must: 1. Be signed by qualified electors of the City equal in number to at least fifty per cent (50%) ' of those who were qualified voters and voted on 1 ' ARTICLE VI, Page 9. (6.08,continued) the date of the last regular municipal election, ' and at least one-half of the qualified voters ' constituting such fifty per cent (50%) signing the petition shall make affidavit, to,be filed with the petition, to the effect that they voted for the person whose recall is sought, in the ' election at which he was last elected. 2. Be returned and filed with the City Secretary ' within thirtydays r ( 30 ) ,ys after the filing of the affidavit required in -Section 6.08a. 6.09 Recall election ' a. Submission. The City Secretary shall at once examine the recall petition and if he finds it sufficient and in compliance with the provisions of this Article, ' he shall within five (5) days submit it to City Council with his certificate to that effect and'notify the officer sought to be recalled of such action. If the officer ' whose removal is sought does not resign within five (5) days after such notice Council shall thereupon order and ' fix a date for holding a recall election. Any such election shall be held at the next election day as established by the laws of the State of Texas. 1 ' ARTICLE VI, Page 10. (6.09 continued) ' b. Ballots. Ballots used at recall elections shall conform to the following requirements: 1. With respect to each person whose removal is sought the question shall be submitted "Shall ' (name of person) be removed from the office of (name of office) by recall?" 2. Immediately below each such question there shall be printed the two (2) following proposi- tions, one above the other, in the order indicated: "For the recall of (name of person)" ' "Against the recall of (name of person)". C. Results. If a majority of the votes cast at a ' recall election shall be against the recall of the officer named on the ballot, he shall continue in ' office for the remainder of his unexpired term, ' subject to recall as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be ' filled as in other vacancies. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ARTICLE VI, Page 11. 6.10 District judge may order election Should City Council fail or refuse to order any of the elections as•provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the charter, then it shall be the duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the charter. N ' ARTICLE VII - FRANCHISES AND PUBLIC UTILITIES ' 7.01 Enfranchisement ' a. Power of Council b. Extensions ' c. Other conditions 7.02 Regulation Right a. of regulation ' b. Regulation of rates and service 7.03 Franchise records 7.04 Accounts of municipally owned utilities 7.05 Franchise value disallowed ' 7.06 Consent of property owners 1 r r� 1 1 H ' ARTICLE VII FRANCHISES AND PUBLIC UTILITIES 1 7.01 Enfranchisement ' a. Power of Council. City Council shall have power by ordinance to grant, amend, renew and extend all franchises ' of all public utilities of every character operating within the City. All ordinances granting, amending, renewing, or extending franchises for public utilities shall not be ' finally passed until thirty (30) days after the first read- ing; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, notice and caption of such ordinance, noting the place ' .the where the full text may be examined by the public, shall be ' published once each week for four (4) consecutive weeks in the official newspaper of the City, and'the expense of ' such publication to be borne by the proponent of the fran- chise. No public utility franchise shall be transferable ' except with the approval of Council expressed by ordinance. b. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate ' property of the public utilities, shall be operated as such, and shall be subject to all the obligations and reserved ' rights contained in this charter and in any original grant ' hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be termi- nable as provided in Section 7.02a. In case of an extension ' ARTICLE VII, Page 2. (7.01 continued) of a public utility operated under a franchise hereafter ' granted, such right shall be terminable at the same time ' and under the same conditions as the original grant. c. Other conditions. All franchises heretofore ' granted are recognized as contracts between the City and the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of ' this charter, except that the power of the City to exercise the right of eminent domain in the acquisition of any ' utility property is in all things •reserved, and except the general power of the City heretofore existing and herein ' for the the provided to regulate rates and services of ' grantee which shall include the right to require proper and adequate extension of -plant and service and the maintenance ' of the plant and fixtures at the highest reasonable standard of efficiency. ' franchise hereafter shall Every public utility granted ' be held subject to all the terms and conditions contained in the various sections of this article whether or not such ' terms are specifically mentioned in the franchise.. When the City chooses to exercise its power of eminent domain to acquire any public utility, the procedure to be ' used in such acquisition shall be as set forth in Revised Civil Statutes of Texas, Articles 3264-3271, inclusive. t ' ARTICLE VII, Page 2h. (7.01 continued) In valuing the property, the measure of damages shall be taken the fair market value of the physical properties together as one system. This power shall be in addition to and cumulative of any other powers of acquisition ' granted to or reserved by the City in a franchise ordi- nance. franchised Prior to the purchase of any existing ' utility system, either according to the terms of the franchise or by eminent domain, City Council shall submit ' the question of purchase to the voters of the City, and such must be approved by a majority of those voting. limit in Nothing in this charter shall operate to any ' way, as specifically stated, the discretion of Council or the electors of the City in imposing terms and conditions ' as may be reasonable in connection with any franchise grant. F 1 ARTICLE VII, Page 3. 7.02 Regulation ' a. Right of regulation. All grants, renewals, exten- sions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject' to the right of the City: _a 1. To repeal the same by ordinance at any time for ' failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. ' 2. To require an adgquate extension of plant and ' service, and the maintenance of the plant and fix- tures at the highest reasonable standard of efficiency. ' 3. To establish reasonable standards of service and quality of products and prevent unjust dis- crimination in service of rates. ' 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the ' form of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system of accounts for said utility prescribed by ' the appropriate State and Federal utility regulatory agencies. 1 iJ ' ARTICLE VII, Page 4. (7.02 continued) ' 5. To examine and audit the accounts and other ' records of any such utility at any time and to require annual and other reports, including reports ' on local operations by each such public utility. 6. To impose such reasonable regulations and restrictions as may be deemed desirable or condu- cive to the safety, welfare, and accommodation of the public. ' 7. To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. ' b. Regulation of rates and service. Council shall have full power, after due notice and hearing, to regulate by ' ordinance the rates and service of every public utility operating within the City. Such power shall be subject to ' the exercise of power in each area of each utility by the ' appropriate agencies of state and federal government. 7.03 Franchise records Within six (6) months after this charter takes effect ' every public utility and every owner of a public utility franchise shall file with the City, as may be prescribed ' by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the City. ' The City shall compile and maintain a public record of ' public utility franchises. ARTICLE VII, Page 5. 7.04 Accounts of municipality owned utilities ' Accounts shall be kept for each public utility owned or ' operated by the City, in such manner as to show the true and complete financial results of such city ownership and opera- tion, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves, and surplus, also ' revenues, operating expenses, including depreciation, interest payments, rental and other disposition of annual ' income. The accounts shall show the actual capital cost to the City of each public utility owned, also the cost of all extensions, additions and improvements, and the source of - the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. -•City Council shall annually cause ' to be made by a licensed certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information speci- fied in this section or such data as Council shall deem expedient, in accordance with section 5.08. ' 7.05 Franchise disallowed value ' The value of the franchise granted by the City shall not be included in fixing reasonable rates and charges for utility ' service within the City or in determining the just compensa- tion to be paid by the City for public utility property which ' may be acquired by eminent domain or otherwise. ARTICLE VII, Page 6. 7.06 Consent of Drooerty owners The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this charter or in any franchise granted thereunder shall be construed to deprive any such property owner of any rights of action for damage or injury to his property as now or hereafter provided by law. 11 1 ARTICLE VIII GENERAL PROVISIONS 8.01 Publicity of records 8.02 Employees and officers a. Personal financial interest b. Employment interest c. Nepotism d. Bonds e. Oath of office f. Discharge g. Injuries; insurance h. Pensions 8.03 Assignment, execution and garnishment of.City property 8.04 City not required to give security or execute bond 8.05 Effect of this charter on existing law 8.06 Amending this charter_ 8.07 Severability clause 8.08 References to laws 8.09 Approval of this charter 8.10 Provisions for transition ' ARTICLE VIII GENERAL PROVISIONS 8.01 Publicity of records All records and accounts of every office, department or agency of the City shall be open to inspection by any ' person, any representative of a citizen's organization or any representative of the press during normal business hours, as provided in the Texas Open Records Act, ' Revised Civil Statutes Article 6252-17a. 8.02 Employers and officers a. Personal financial interest. No member of City Council or any officer or employee of the City shall have a financial interest, direct or indirect or by reason of ' ownership of stock in any corporation, in any contract, or in the sale to the City, or to a contractor supplying the City, of any lands or rights of interests in any land, material, supplies, or service. Any wilful violation of this section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby forfeit his office or position. Any viola- tion of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by Council. 1 1 u ARTICLE VIII, Page 2. (8.02 continued) b. Employment interest. No one who has been elected to City office shall be employed in a non -elective office ' by the City within the term for which he was elected or for one (1) year thereafter. c. Nepotism. No person related, within the second degree by affinity or within the third degree by consan- guinity, to the Mayor or any Councilperson or to the City Manager shall be employed or appointed to any office, position or clerkship of the City. This prohibition shall not apply, however, to any person who shall have been employed for two (2) years or more by the City at the time of the election or appointment of the officer to whom he is related. d. Bonds. Council shall require bonds of all municipal officers and employees who receive or pay out any monies of the City. The amount of such bonds shall be determined by Council and the cost thereof borne by the City. Council shall set the bond amount for the City Manager and the Director of Finance at an amount not less than Ten Thousand Dollars ($10,000.00). e. Oath of office 1. Elected officers. Every elected officer of the City shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the City Secretary: ' ARTICLE VIII, Page 2h. (8.02 continued) do solemnly swear (or affirm), that I will faith- fully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States 1 and of this state and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have riot directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office ' or employment, as a reward for the giving or with- holding a vote at the election at which I was elected. So help me God." 2. Appointed officers. Every appointed officer of the City shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the ' office of the City Secretary: 1 1 ARTICLE VIII, Page 3. (8.02 continued) do ' solemnly swear (or affirm), that I will faithfully ' execute the duties of the office of of the City of ' La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the consti- tution and laws of the United States and of this state and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office of employment, as a reward to secure my appointment or -the con- firmation thereof. So help me God." f. Discharge. Council shall be authorized to discharge at any time, with or without a hearing, as Council may elect, it any officer, employee or clerk which appoints. The City Manager shall be authorized to discharge at any time, with or without a hearing, as the City Manager may elect, any officer, employee or clerk which he appoints. g. Injuries; insurance. City Council shall have authority to provide the rules and regulations for maintain- ing employees when injured and disabled while performing their duties, and it may provide for such plan of insurance ' as it deems proper. 1 ARTICLE VIII, Page 4. (8.02 continued) h. Pensions. City Council may establish a pension plan for any employee who has been employed by the City ' for twenty (20) years and who shall have reached the age of fifty-five (55), or may adopt in lieu thereof any pension system available to cities under state law. The amount of said pension shall be graded and proportioned to the average 1 salary received by the employee during the whole period of ' his employment. All those falling under the head of employees in this charter and who are employed by the City when the same takes effect shall be entitled to a credit for the years of service heretofore served. Provided however that any payment under this provision shall never constitute a waiver or stop the City from asserting any defenses it might have under section 1.06. r8.03 Assignment, execution and garnishment of City property The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any ' writ of execution or cost bill. The funds belonging to the City, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or seques- tration; nor shall the City be liable to garnishment on account of any debt it may owe or funds or property it may Ihave on hand or owing to any person. Neither the City nor ARTICLE VIII, Page 5. (8.03 continued) any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The ' City shall not be obligated to recognize any assignment of wages or funds by its employees, agents, or contractors. 8.04 City not required to give security or execute bond It shall not be necessary in any action, suit or pro- ceeding in which the City is a party, for any bond, under- taking or security to be demanded or executed by or on behalf of said City in any court., but in all such actions, suits, appeals or proceedings same shall be conducted in the same manner, as if such bond, undertaking or security had been given as required by law, and said City shall be as liable as if security of bond had been duly executed. 8.05 Effect of this charter on existing law All ordinances, resolutions, rules and regulations now in force under the city government of the City and not in conflict with the provisions of this charter shall remain in force under this charter until altered, amended or repealed by City Council after this charter takes effect; and all rights of the City under existing franchises and contracts are preserved in full force and effect to the ' install- City, and any unissued bonds and revenue bonds, or ments thereof, heretofore authorized at an election held ARTICLE VIII, Page 6. 1 (8.05 continued) in said City shall not be affected by the adoption of this charter, but the right to sell, issue, and deliver rsame, in whole or in part, in keeping with the provisions of the laws under which they were voted is hereby expressly reserved. 8.06 Amending this charter: a. Amendments may be proposed and submitted to the electors of the City by ordinance passed by a majority vote of the full membership of City Council or by a petition ' signed b qualified voters of th g Y q e. City in number not less than five per cent (5%) thereof or 20,000 signatures, whichever is less. Such petition shall in all other respects conform to the provisions of Article VI. When a properly drawn petition has been duly filed, Council shall provide by ordinance for submitting such proposed amendments to a vote of the electors at an election to be held not less than thirty (30) days nor more than ninety (90) days after the passage of said ordinance. If the next regular municipal election is to be held during 1 1 h I 1 I I ARTICLE VIII, Page 7. (8.06 continued) said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special election shall be called for the purpose. Notice of the election shall be given by publication thereof in the official news- paper on the same day in each of two (2) successive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. The form of such notice shall be as prescribed by this charter, including a substantial copy of the proposed amendment or amendments. Each amendment submitted shall contain only one subject and shall be printed separately on the ballot, each pro- posed amendment being followed by designations for the voter to vote for the amendment or against the amendment. Each proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the charter. The City Secretary shall enter notice into the records of the City declaring the same adopted. b. This section is subject to the provisions of Revised Civil Statutes of Texas Annotated, Article 1170, and Election Code Article 2.01 et seq. ARTICLE VIII, Page 8. 8.07 Severability clause If any section or part of section of this charter shall ' be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably con- nected in meaning and effect with the section or part of section to which such holding shall directly apply. 8.08 References to laws All references within this charter to laws of the State of Texas or of the United States are to be construed as meaning such laws as now or hereafter amended or superseded. 8.09 Approval of this charter ' a. Copies to electors. In not less than thirty (30) days prior to the election provided in subsection b, the City Commission shall cause the City Clerk to mail a copy ' of this charter to each qualified voter of the City, as listed on the current voter registration list. b. Submission of charter to electors. The charter commission in preparing this charter finds and decides that it is impracticable to segregate each subject so as to ' permit a vote of "yes" or "no" on the same, for the reason that the charter is so constructed that in order to enable it to work and function it is necessary that it should ' ARTICLE VIII, Page 9. (8.09 continued) be adopted in its entirety. For these reasons the charter icommission directs that said charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City at an election to be held for that r purpose on the 12th day of August, 1978. The form of ballot to be used in such election shall be as follows: iFOR THE ADOPTION OF THE CHARTER. AGAINST THE ADOPTION OF THE CHARTER. ' c. Results of vote for adoption. If a majority of the qualified electors voting in such election shall vote in favor of the adoption of the charter, and after the returns have been canvassed, the City Clerk shall file an official copy of the charter with the records of the City. The City Commission shall at its next meeting declare this charter adopted. The Clerk shall furnish the Mayor a copy of said charter, which copy of the charter so adopted, ' authenticated and certified by his signature and the seal of the City, shall be forwarded by the Mayor to the' Secretary of State of the State of Texas and shall show the approval of such charter by majority vote of the 1 qualified voters voting at such election. 1 1 1 1 1 1 ARTICLE VIII, Page 10. 8.10 Provisions for transition a. Tenure of officers during transition. From and after the date of the adoption of this charter and until the completion of the first election under this charter to be held on the first Saturday in April, 1980, and the quali- fication of the Councilpersons therein elected, the present qualified and acting commissioners and mayor shall consti- tute City Council. Such City Council shall possess all the powers provided by this charter. After said election and until the election to be held on the first Saturday in April, 1981, and the qualification of the Councilpersons therein elected, the present quali- fied and acting commissioners shall serve as Councilpersons from the City at large. These Councilpersons, along with the Councilpersons and Mayor elected and qualified as provided in subsection b, below, shall compose City Council and shall possess all the powers provided by this charter. b. Original election of Mayor and Councilpersons. Councilperson--District A and Councilperson-at-large-- Position No. 1 shall be elected at the election to be held on the first Saturday in April, 1980, for two (2) year terms and shall be elected at all succeeding elections according to the provisions of Article II of this charter. 1 I I - 1 1 1 1 1 t 1 L 1 1 1 1 1 ARTICLE VIII, Page 11. (8.10 continued) Councilperson--District B, Councilperson--District C, and the Mayor shall be elected at the election to be held on the first Saturday in April, 1980, and at all succeeding elec- tions according to provisions of Article II of this charter. Councilperson--District D and Councilperson-at-large-- Position No. 2 shall be elected at the election to be held on the first Saturday in April, 1981, and at all succeeding elec- tions according to the provisions of Article II of this charter. 1 1 1 i i 1 1 t 1 1 2 AMENDED HOME RULE CITY CHARTER FOR THE CITY OF LA PORTE, TEXAS AS APPROVED BY THE VOTERS AT AN ELECTION ON THE 23rd DAY OF AUGUST, 1980 i CITY PHONE ( 713 ) 471.5020 THE STATE OF TEXAS X COUNTY OF HARRIS X CITY OF LA PORTE X OF LA PORTE s P. 0. BOX 1115 • LA PORTE, TEXAS 77571 I, Betty T. Waters, City Secretary of the City of La Porte, Texas, do hereby certify that the attached is a true and correct copy of tke Home Rule City Charter as was approved by the Quali- fied Registered Voters of the City of La Porte, Texas, at an election duly called and notice thereof given in accordance with law, and held in the manner required by law. TO CERTIFY WHICH WITNESS MY HAND AND OFFICIAL SEAL of the City of La Porte, this the 19th day of January, 1982. City of La Porte Ptty Waters City Secretary Seal C AMENDED HOME RULE CITY CHARTER FOR THE CITY OF LA PORTE, TEXAS AS APPROVED BY THE VOTERS AT AN ELECTION ON THE 23rd DAY OF AUGUST, 1980 0', THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE ' I, Betty T. Waters, City Clerk of the City of La Porte, Texas, do hereby certify that the attached is a true and correct copy of the Amended Home Rule City Charter as was approved by the Qualified Registered Voters of the City of La Porte, Texas, at an election duly called and notice thereof given in accordance with law, and held in the manner required by law. TO CERTIFY WHICH WITNESS MY HAND AND OFFICIAL SEAL OF the City of La Porte, This the 28th day'of August, 1980. City Clerk ;r�.: City of La Porte, Texas 0 C� TABLE OF CONTENTS ARTICLE I - INCORPORATION; CITY POWERS 1.01 Incorporation 1.02 City boundaries 1.03 Modification of City boundaries 1.04 Form of government 1.05 Powers of the City 1.06 Special provisions for damage suits ARTICLE II - CITY COUNCIL 2.01 Composition of City Council 2.02 Qualifications 2.03 Conduct of elections 2.04 Vacancies in City Council 2.05 Compensation 2.06 Original meeting of new Council 2.07 Meetings 2.08 Duties of Mayor 2.09 Powers of Council 2.10 Additional discretionary powers 2.11 Ordinances ARTICLE III - ADMINISTRATION 3.01 City Manager - - 3.02 Administrative departments 3.03 City Secretary. 3.04 Municipal Court 3.05 City Attorney ARTICLE IV - BUDGET. 4.01 Preparation and submission of budget 4.0:' Availability of proposed budget 4.03 Budget adoption 4.04 Public record 4.05 Effect of approved budget 4.06 Fiscal year defined ARTICLE V - FINANCE ADMINISTRATION 5.01 Division of taxation 5.02 Purchase procedure 5:03 Alterations in contracts 5.04 Fees shall be paid to City' 5.05 Borrowing 5.06 Disbursement of funds 5.07 Independent audit 5.08, Appropriations lapse at end of year (0 C� ARTICLE VI - INITIATIVE, REFERENDUM AND RECALL 6.01 Power of initiative 6.02 Power of referendum 6.03 Procedure for initiative or referendum petition 6.04 Consideration of referendum or initiative by Council 6.05 Election on referendum or initiative 6.06 Amendment of initiative or referendum ordinance 6.07 Power of recall 6.08 Procedure for recall petition• 6.09 Recall election 6.10 District judge may order election ARTICLE VII - FRANCHISES AND PUBLIC UTILITIES 7.01 Enfranchisement 7.02 Regulation 7.03 Franchise records 7.04 Accounts of municipally owned utilities 7.05 Franchise value disallowed 7.06 Consent of property owners ARTICLE VIII - GENERAL PROVISIONS 8.01 Publicity of records 8.02 Employees and officers 8.03 Assignment, execution and garnishment of City property 8.04 City not required to give security or execute bond 8.05 Effect of this charter on existing law 8.06 Amending this charter 8.07 Severability clause 8.08 References to laws 8.09 Approval of this charter 8.10 Provisions of transition E3 ARTICLE I - INCORPORATION; CITY POWERS 1.01 Incorporation 1.02 City boundaries 1.03 Modification of City boundaries a. Petition b. Otherwise 1.04 Form of government 1.05 Powers of the City a. Generally b. Enumerated powers 1. Eminent domain 2. Streets (a) Powers (b) Improvements 3. Sanitary sewer system 4. Garbage disposal 5. Nuisances, etc. C. General powers adopted 1.06 Special provisions for damage suits • `yt ARTICLE I INCORPORATION; CITY POWERS 1.01 Incorporation The inhabitants of the City of La Porte within the boundaries as now established or as hereafter established' in the manner provided by law shall continue to be a body politic and corporate and be known by the name of the City of La Porte. 1.02 City boundaries C� The boundaries and limits of the City shall be the same as have heretofore been established and now exist, which boundaries and limits were originally shown on the map recorded in.Volume 8, Page 16, Map Records of Harris County, Texas, and -as modified by subsequent annexations and dis= annexations. 1.03 Modification of City boundaries The City Council shall have power by ordinance to fix the boundary limits of the City and to provide by Cordinance for the extension of said boundary limits by the annexation of additional territory lying adjacent to the City, the disannexation of territory within the City 4 and the exchange of territory with other cities and towns, all with or without the consent of the inhabitants in such territory or the owners thereof; provided that the foregoing powers shall be exercised by the Council in a manner consistent with, and the Council shall comply with, ARTICLE I, Page 2. (1.03 continued) the procedural rules, requirements and limitations prescribed by any law applicable to cities operating under charters adopted or amended pursuant to Article XI, Section 5 of the Constitution of the State of Texas', otherwise known as home rule cities, including Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). The following methods of annexation C• may be used: a. Petition. The residents of any land contiguous and adjacent to the City may request the annexation of such land,. Such request shall be made by a petition in writing which is signed by a majority of the residents of such land, addressed to City Council and filed with the City Secretary. Within thirty (30) days of the filing of such petition, City Council shall hear the petition and any arguments for or against it and shall accept or refuse the petition as Council sees fit. If the petition is accepted, Council shall by proper ordinance annex such land. 4. b. Otherwise. The City may annex territory by use of any of the means provided in Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). ARTICLE I, Page 2-1/2. 1.04 Form of Government The governing body of the City shall be a council composed of the Mayor and eight (8) Councilpersons, to be known as the City Council of the City of La Porte, here- inafter called City Council. The members of City Council shall be elected from the City in the manner prescribed elsewhere in this charter. 1.05 Powers of the City a. Generally. The City shall have all the powers granted to municipal corporations and to cities by the constitution and laws of the State of Texas together with all the implied powers necessary to carry into execution C� the powers granted. The City may acquire property within or without its corporate limits for any city purpose in fee simple title or any lesser interest or estate by purchase, gift, devise, lease Or condemnation and may ARTICLE I, Page 3. (1.05 continued) sell, lease, exchange, mortgage, hold, manage and control such property as its interest may require; and, except as prohibited by the constitution of this state or restricted by the charter, the City may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The City may use a corporate seal;' may sue and be sued, may -contract; may implead and be im- pleaded in all courts concerning all matters; may cooperate C• with the government of the United States and of the State of Texas or any agency or political subdivision thereof to accomplish any lawful purpose; and may pass such ordinances as may be expedient .for maintaining the City's peace and welfare and for'the performance of its functions. b. Enumerated powers. 'Without limitation of the fore- going powers, the following are enumerated for greater certainty: 1. Eminent domain. The City shall have the full power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it bar this charter 4 or by the constitution and laws of the State of Texas. This power shall include the power to acquire any public utility operating with or without a franchise and furnishing a public service. The City.may exercise its condemnation power in any manner authorized or permitted by the ARTICLE I, Page 4. (1.05 continued) constitution and laws of this state. The power of eminent domain hereby conferred shall include the right of the City to -take fee simple title in land, so condemned and such power and authority shall include the right to condemn property for such purposes. The City shall have and possess the power of condemnation for any municipal or public purposes even though not specifically enumerated in this charter. 2. Streets (a) Powers. The City shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets,'alleys, sidewalks, parks, {. squares, public places and bridges; and regu- late the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions ,* and all vendors, show cases and encroachments of every nature or character upon any of said streets and sidewalks. ARTICLE I, Page 5. (1.05 continued) (b) Improvements. The City shall have exclu- sive dominion, control and jurisdiction in, upon and over and under the public streets, avenues•, alleys .and highways of the City, and may provide for the improvement thereof of paving, repaving, raising, draining, or otherwise. The provisions of Revised Civil Statutes of Texas Article 1105b are expressly adopted and made a part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys -and highways of the City shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of, all utility pipes, lines, wires, or other property. 66 3. Sanitary sewer system. The City shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system; to p�bvide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the City for sewerage service, pro- ARTICLE I, Page 6. (1.05 continued) viding rules and regulations for the collection thereof, and to provide for rendering a lien against any property owner's premises who fails or refuses to make sanitary sewer connections after due notice and to charge a cost against said owner and make it a personal liability. 4. Garbage disposal. City Council shall by ordinance adopt and prescribe rules and regula- tions for the handling and disposition of all garbage, trash and rubbish within the City and shall fix charges and compensation to be charged by the City for the removal of garbage, trash, and rubbish, providing rules and regulations of the collection thereof. 5. Nuisances, etc. 'The City shall have the �• power to define all nuisances and prohibit the same within the City and outside the city limits for a distance of five thousand (5,000) feet; have power to police all parks or grounds, ; speedways, or boulevards owned by said City and lying outside of said City, to prohibit the pollution of any stream, drain or tributaries thereof, which may constitute the source of ARTICLE I, Page 7. (1.05 continued) water supply of any city and to -provide for policing the same as well as to provide for the protection of any watersheds and the policing of same, to inspect dairies, slaughter pens, and slaughterhouses inside and outside the limits of the City, from which meat or milk is furnished to the inhabitants of the City. Crparticular c. General powers adopted. The enumeration of the powers in this charter shall not be held or deemed to be exclusive but in addition to the powers enumer- ated herein or implied hereby or appropriate to the exercise of such powers, the City shall have and may exercise all power of local self-government and all other powers which, under the constitution and laws of the State of Texas, it would be competent for this charter specifically to enum- erate. The City shall have and may exercise all the powers C. enumerated in Revised Civil Statutes of Texas Article 1175. 1.06 Special provisions for damage suits Before the City shall be liable to damage claim or suit for personal injury or.death or damage t"o property, the person who is injured or whose property is damaged or someone in his behalf or his personal representative in cases of death shall give the City Secretary notice in writing within thirty (30) days after the occurring of the alleged ARTICLE I, Page 8. (1.06 continued) injury, death or damage stating specifically in such notice when, where and how the injury, death or damage was sustained and setting forth the extent of the in- jury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury, death or damage. No action at law for damage C• shall be brought against the City for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice hereinabove described has been filed with the City Secretary. After the expiration of sixty (60) days aforementioned, the complainant may then have two (2) years in which to bring an action of law. (A ARTICLE II - CITY COUNCIL 2.01 Composition of City Council a. Members of Council b. Formation of districts c. Election d. Term of office 2.02 Qualifications a. Enumerated b. Council to be judge of members' qualifications �• 2.03 Conduct of Elections a. Regulations b. Schedule .1. Regular election 2. Special election 2.04 Vacancies in City Council a. Candidacy elsewhere b. Procedure CID c. Filing for office d. Official ballots e. Canvassing elections 2.05 Compensation 2.06 Original meeting of new Council 2.07 Meetings a. Frequency b. Rules c. Journal 2.08 Duties of Mayor 2.09 Powers of Council 2.10 Additional discretionary powers a. Public library b. Hospital 1. Operation 2. Finances C. Zoning 1. Power 2. Procedure (a) Zoning Commission .(b) Zoning Board of Adjustment 3. Generally d. Housing authority 2.11 Ordinances a. Passage 1. Procedure 2. Codification b. Additional ordinances c. Enacting clause 0 ARTICLE II CITY COUNCIL 2.01 Composition of City Council a. Members of Council. City Council shall be composed of a mayor and eight (8) Councilpersons. The positions of Councilpersons shall be designated as follows: Councilperson--District 1 Councilperson--District 2 Councilperson--District 3 Councilperson--District 4 Councilperson--District-5 Councilperson--District 6 Councilperson-at-large--Position A Councilperson-at-large--Position B The Mayor and'the two (2) Councilpersons-at-large shall be elected by a majority vote of the City at large. The City shall be divided, as described below in subsection b, into six (6) districts, Districts 1', 2, 3, 4, 5 and 6, and one (1) Councilperson shall be elected from each district by majority vote of the resident voters of such district. b. Formation of districts. City Council shall divide the City into six (6) districts which are reasdAably compact, contiguous and of as nearly equal population as practicable. It shall be the duty of City Council to establish the boundaries of six (6) districts covering the entire City for the purpose of electing District Councilpersons. Such boundaries shall be established•by ordinance, which shall be final for purposes of this Charter. The first ARTICLE II, Page 1-1/2. (2.01 continued) such establishment shall be made as soon as practicable prior to the first City Election following adoption of this section. Any subsequent establishment shall be made when required by this Charter. Promptly following the addition of territory to the City by a boundary change, the City Council shall, by ordinance, add such territory to an adjacent district or districts. Immediately following publication of the 1980 Federal census, and, at least every five (5) years thereafter, City Council shall conduct an investigation and determine the population of the City and the population of each of the districts from which District Councilper.sons are to be elected. Each such determination shall be based upon the best available data, including, but not limited to, the most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final deter- mination for purposes of this Charter. After any such determination, if the distribution of w 40 population among the various districts is determined by City Council to be materially unbalanced, the City Council shall establish new boundaries for the election of District Councilpersons. ARTICLE II, Page 2. (2.01 continued) c. Election. All candidates for City Council shall be voted on and elected separately for positions and dis- tricts on said City Council, and each candidate shall be designated on the official ballot according to the title of such position or district to which he seeks elections Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate �• shall be elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast for all the candidates for'such office, the City Council shall call 'a run-off election to be held not less than twenty-one (21) days, nor more than.thirty (30) days, after the regular election, at which run-off election the two (2) candidates receiving the highest number of votes shall be voted for again. In the*,event of a tie in the vote for the two (2) leading candidates, at the regular election, the City Council shall hold a second election not less than twenty-one (21) days, nor more than thirty (30) days, after the regular election, at which said secon&A election the candidates receiving such .tie votes shall be voted for again. d. Term of office. The Mayor and Councilpersons shall each hold their respective offices for a term of three (3) years and until their successors shall have been elected and duly qualified. ARTICLE II, Page 3. 2.02 Qualifications a. Enumerated. The Mayor and Councilpersons shall be resident electors of the city at the time of filing for office; and continuously during their term of office. A District Councilperson shall also be a resident of his district at the time*of filing for office and continuously during his term of office. b. Council to be judge of members' qualifications. City Council shall be the judge of the election and quali- fications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but.the decision of Council in any such case shall be subject to review by the courts. 2.03 Conduct of Elections a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event there should be any failure of the general laws or this charter to provide for some feature of the city elections, City Council shall have the power to provide for such defi- ciency, making all regulations it considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this charter, with any reg- ulations made by Council or the laws of the State of Texas. 40 ARTICLE II, Page 4. (2.03 continued) No informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the charter and ordinances of the City. b. Schedule. 1. Regular election. The regular election for choice of members of Council shall be held annually on the first Saturday of April. 2. Special election. Council may be ordinance or resolution order a special election, fix the time for holding same and provide necessary means. 2.04 Vacancies in City Council a. Candidacy elsewhere. If the Mayor or any Council person shall announce his candidacy, or shall in fact become a candidate, in any general,'special or primary election for any -office of profit or trust under this Charter of the laws of Texas or the United States other than the office he has held, at any time when the unexpired term of the office then held shall exceed one (1) year, such announcement or such candidacy shall constitute an automatic resignation of the' office then held. b. Procedure. When a vacancy occurs for any reason in the office of Mayor or Councilperson, Council shall call a ARTICLE II, Page 5. (2.04 continued) special election within one hundred twenty (120) days. At said election the vacant office or offices shall be filled under the provisions of this charter. C. Filing for office. Each candidate for public office must: 1. Be a qualified voter in the City. 2. File sworn application with the City Secretary at least thirty (30) days prior to the election date. 3. Post the required filing fee: For Mayor ------------ not to exceed the sum of $100.00 For Council.person ---- not to exceed the sum of $ 50.00 The filing fees shall be used to defray the cost of the election and said fee shall be prorated and any surplus shall be refunded to said candidates. In lieu of posting such fee, a candidate may submit a petition requesting that his name be placed on the ballot. Said petition shall bear a number of signatures of qualified electors who are residents of the city, which number shall not be less than five per cent (5%) of the total vote cast at the most recent regular election in which a Councilperson ARTICLE II, Page 6. (2.04 continued) was elected or fifty (50), whichever is the lesser number. Each signer shall indicate his address and the number and'county of his voter registra-, tion certificate. 4: File for only one City office. d. Official ballots. The full names of all candidates for Mayor or Council as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations. If two (2) candidates with the same surnames, or with names so similar as to be likely to cause confusion, file for office, their occupations or the addresses of their places of residence shall be placed with their names on the ballots. The order of the names on the ballot shall be determined by lot. e. Canvassing elections. Returns of the elections, general and special, shall be made by the election officers to Council promptly following said election at which time Council shall canvass and declare the resulUs of such , election. 2.05 Compensation Each Councilperson and the Mayor ARTICLE II, Page 7. (2.05 continued) shall receive for his services, a salary in an amount determined by the Council, not to exceed the sum of twenty- four hundred dollars ($2,400.00) per year for the Mayor, and twelve hundred.dollars ($1,200.00) per year for each Councilperson. 2.06 Original meeting of new Council On the first Monday next following the regular municipal election held on the first Saturday of April, or as soon thereafter as practicable, City Council shall meet at the usual place for holding meetings, and the newly -elected members shall qualify and assume the duties of office. At such meeting Council shall select one of its members to serve as mayor pro tem, who 'shall serve for a one.(1) year term and until his successor is appointed and has qualified. 2.07 Meetings a. Frequency. City Council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once -each month. All meetings of Council shall be'open to the public; special meetings shall be called by the City Secretary upon request of the Mayor or three (3) Councilpersons. b. Rules. City Council shall determine its own rules and order of business. c. Journal. City Council shall keep a journal of its proceedings. Such journal shall be open to public inspection. _X ARTICLE II, Page 8. 2.08 Duties of Mayor The Mayor shall preside at meetings of Council and shall be entitled to vote upon all matters it considers. The Mayor shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by this charter and the ordinances of the City. He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for civil process and by the government for -purposes of military law. In times of public danger or emergency the Mayor shall take command of the police, maintain order and enforce the law. If a vacancy occurs in the office of Mayor or in the case of his absence or disability, the mayor pro tem shall act as Mayor until a successor is elected and has qualified or until the Mayor is again able to assume his duties of office. a2.09 Powers of Council All powers of the City and the determination of all matters of policy shall be vested in City Council. Council shall execute the laws and administer the government of 4, the City. Without limitation of the foregoing and among the other powers that may be exercised by Council, the following are hereby enumerated for greater certainty: ARTICLE II, Page 9. (2.09 continued) a. Adopt budget of the City. b. Authorize the issuance of bonds by a bond ordinance. c. Inquire into the conduct of any office, department, agency, or officer of the City and make investigations as to municipal affairs; and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine. Council shall enact an ordinance to enforce this provision. d. Establish and appoint the members of the planning commission. e. Adopt Plats. f. Adopt and modify the official map of the City. C� g. Adopt, modify, and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. h. Adopt, modify and carry out plans proposed by the 4 planning commission for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. ARTICLE II, Page 10 (2.09 continued) i. Provide for.the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings calculated to increase the .fire hazard and the manner of their removal or destruction. j. Approve assessment rolls as returned to it by the board of equalization and adopt same as the assessment rolls to be used for the collection of taxes for the current year. k. Control and distribute all contingent appropria- tions. Expenditures from a contingent appropriation shall require prior approval of Council. A contingent appro- priation shall be disbursed only by transfer to a depart- mental appropriation, the spending of which shall be charged to the department or activity for which the appro- priation is made. ARTICLE II, Page 11. 2.10 Additional discretionary powers In addition to the above powers and without limitation of such, City Council shall have the power to, and may at its discretion, do any or all of the following: a. Public library. Council shall have the authority to establish and maintain a free public library within the " City and to cooperate with any person, firm, association or corporation under such terms as Council may prescribe for the establishment of such 'free public library. For budget purposes, the library shall be considered as a department of the City and the appropriations therefor shall comply with all the budgetary requirements as outlined in this charter and as may be prescribed from time to time by Council. b. Hospital 1. Operation. The City shall have the authority to acquire, establish and own, either by purchase, donations, bequest or otherwise all property that may be useful or necessary for the purpose of establishing and maintaining a municipal hospital. -* Upon establishment of such hospital, Council shall create a hospital board with membership and compen- sation deemed appropriate by Council, which shall operate the hospital subject only to such direction and supervision as shall be contained in any ordinance or ordinances enacted by Council. ARTICLE II, Page 12. (2.10 continued) 2. Finances. All funds belonging to said hospital, whether classed as funds received in course of operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the*City for general operating pur- poses with the express consent of the hospital board. 0 The hospital board shall submit a quarterly operating statement to Council, and an annual audit to coincide with the fiscal year of the City. c. Zoning 1. Power. For the purposes of promoting the health, safety, morals or general welfare of the City, Council may by ordinance regulate the location, height, bulk and size of buildings and other struc- 018 tures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence and other purpose`. 2. Procedure. Should Council enact regulation under Subsection 1, above, it shall establish a Zoning Commission and may establish a Zoning Board of Adjustment. ARTICLE II, Page 13. (2.10 continued) (a) Zoning Commission. (1) The Zoning Commission shall recommend to Council the location of zoning districts and restrictions therein, and shall hold public meetings on such recommendations. (2) Commission members shall receive such compensation as Council may deem appropriate. Cr(3) Council- may combine the duties of said Commission with the duties of the planning commission, as provided in Section 2.09e-j, to form a Planning and Zoning Commission. (b) Zoning Board of Adjustment. (1) The Zoning Board of Adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special excep- tions to the terms of a Toning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. 40 (2) Board members shall receive such compen- sation as Council may deem appropriate. ARTICLE II, Page 13h. (2.10 continued) 3. Generally. All of the powers granted by Revised Civil Statutes of Texas, Articles 1011a to 1011j, inclusive, relating to zoning in cities, are hereby adopted and made a part of this charter. d. Housing authority. Council may create a housing authority of such number, terms and compensation of members as Council may determine and may delegate to the housing c0 0 ARTICLE II, Page 14. (2.10 continued) authority such powers relating to the planning, construc- tion, reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations . as Council may determine. 2.11 Ordinances a. Passage 1. Procedure. Every ordinance shall be intro- `• duced'in written or printed form, and, upon passage, shall take effect at the time indicated therein; provided that'any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten (10) days from the date of its passage.' The City Secretary shall give notice of the passage of every ordinance imposing a.penalty, fine or forfeiture for a violation of ARTICLE II, Page 15. (2.11 continued) the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in the official newspaper in the City at least once within ten (10) days of its passage according to the provisions of Revised Civil Statutes Article 1013. He shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the charter, and the date of such publication, and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and modifica- tion of the ordinances of the City for publication in book or pamphlet form. Except as otherwise C�provided in Article VII of this charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or con- sidered at more than one session of Cry Council. Every ordinance shall be authenticated by the sig- nature of the Mayor and City Secretary and shall be systematically recorded in an ordinance book in a ARTICLE II, Page 16. (2.11 continued) manner approved by Council. It shall only be necessary to record the caption or title of ordinances in the minutes of journal of Council meetings. 2. Codifications. Council shall have power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as Council deems advisable. Such printed code, when adopted by Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a news- paper and shall be admitted in evidence in all courts and places without further proof. b. Additional ordinances. In addition to such acts of Council as are required by statute or by this charter to jbe by ordinance, every act of Council establishing a fine �• or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. c. Enacting clause. The enacting clause of all ordi- nances shall be, "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE." ARTICLE III - ADMINISTRATION 3.01 City Manager a. Appointment and qualifications b. Term and salary c. Duties d. Provisions for absence ' 3.02 Administrative departments a. Creation b. Consolidation c. Directors d. Divisions 3.03 City Secretary 3.04 Municipal Court a. Establishment b. Municipal Judge c. Alternate Municipal Judge �• d. Court clerk e. Costs and fines 3.05 City Attorney ARTICLE III ADMINISTRATION 3.01 City Manager a. Appointment and qualifications. City Council shall appoint a City Manager, who shall be chosensolely on the basis of his executive and administrative training, exper- ience and ability. No member of City Council shall, during the term for which he is elected and for one year there- after, be appointed City Manager. b. Term and salary. The City Manager may be appointed and removed at the will and pleasure of City Council by a vote of the majority of the entire City Council. The action of City Council in suspending or removing the City Manager shall be final, it being the intention of this charter to vest all authority and fix all responsibility of such action in City Council. Council shall set a salary for the City Manager as it deems appropriate. `• c. Duties. Except as provided elsewhere in this charter, the City Manager shall be the chief executive officer and head of the administrative branch of the city government. He shall be responsible to the -Council for the p proper admin- istration of all affairs of the City and to that end he shall have power and be required to: 1. Devote all his working time and attention to the affairs of the City. 2. Appoint and,•when necessary for the good of the City, remove all City officers and employees except 0 ARTICLE III, Page 2. (3:01 continued) those for which this charter provides otherwise. He may authorize the head of a department to appoint and remove subordinates in such department% 3. Prepare the budget annually, submit it to Council and be responsible for its administration after adoption. 4. Prepare and submit to Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. 5. Keep Council advised of the financial condition and future needs of the City and make such recom- mendations as may seem to him desirable. 6. Perform such other duties as may be prescribed by this charter or required of him by the Council, not inconsistent with this charter. d. Provisions for absence. Within thirty (30) days. after taking office, the City Manager shall designate by letter filed with the City Secretary a qualified adminis- trative officer of the City to perform his duties during his temporary absence or disability.. Upon receipt of said letter, the City Secretary shall advise Council of its ARTICLE III, Page 3. (3.01 continued) contents. Said letter shall be in force and effect for the duration of the City Manager's employ or until he files another such letter. 3.02 Administrative departments I a. Creation. There are hereby created the following administrative departments: finance, police, fire, law, public works, health, parks and recreation, and water and sewer. Council may by ordinance create or abolish offices, departments, or agencies other than the offices, depart- ments, or agehcies established by this charter. b. Consolidation. Council may consolidate or redesig- nate any of the offices, departments and agencies. c. Directors. The City Manager shall appoint a director to supervise and control each department. When necessary for the good of the City, the City Manager may remove any such director. Such director shall be an officer of the City and shall have supervision and control of his depart- ment, subject to the supervision of the City Manager. Two 44 (2) or more departments may be headed by the same individual, and directors of departments may also serve as chiefs of divisions. The City Manager may head one or more depart- ments. ARTICLE III, Page 4. (3.02 continued) d. Divisions. The work of each administrative depart- ment may be distributed among such divisions thereof as may be established by ordinance or this charter. 3.03 City Secretary With the advice and .consent of City Council, the City Manager shall appoint a competent person to be secretary of the City. The City Secretary shall: a. give notice of council meetings. b. authenticate by his signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions. c. perform such other duties as may be assigned to him by Council or elsewhere in this charter. 3.04 Municipal Court a. Establishment. There shall be established and maintained a Municipal Court with all powers and duties as are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. b. Municipal judge. City'Council shall appoint a competent attorney, duly licensed by the State of Texas, to be judge of the Municipal Court. He shall serve at the pleasure of Council and shall receive compensation as may be fixed by Council. ARTICLE III, Page 5. (3.04 continued) c. Alternate Municipal judge. Council shall have the power to create and appoint additional judges as provided by law. d. Court Clerk. Subject to the approval of the Muni- cipal Judge, the City Manager shall appoint a Municipal Court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and affidavits, make certificates, affix the seal of said Court thereto and 0 generally do and perform any and all acts usual and necessary by clerks of court in conducting the business thereof. e. Costs and fines. All costs and fines imposed by the Municipal Court, or any court in cases appealed from its judgments, shall be paid into the City treasury for the use and benefit of the City. • 3.05 City Attorney CCity Council shall appoint a competent attorney, duly licensed by the State of Texas, to be City Attorney and head of the department of law. He shall be appointed and removed at the will and pleasure of Council by a majority vote of the entire Council, and shall receive compensation as may be fixed by Council. ARTICLE III, Page 6. (3.05 continued) The City Attorney, or other attorneys selected by him with the approval of Council, shall represent the City in all litigation. He shall be the legal advisor of, and attorney and counsel for, the City and all offices and departments thereof. C0 Q• 0 ARTICLE IV - BUDGET 4.01 Preparation and submission of budget a. Contents of budget b. Attachments to budget 1. Budget message 2'. Supporting schedules 3. Comparison tables (a) Anticipated revenues C (b) Proposed expenditures .. c. Balanced budget 4.02 Availability of proposed budget 4.0� Budget adoption a. Publication of notice of public hearing b. Public hearing c. Vote required for adoption d. Adoption C� 4.04 Public record a. Filed b. Availability 4.05 Effect of approved budget 49 4.06 Fiscal year defined ARTICLE Iy BUDGET 4.01 Preparation and submission of budget At least forty-five (45) days prior to the beginning of each fiscal year, the City Manager shall submit to Council a proposed budget with required attachments. For such purpose, at such date as he shall determine, he shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department, or agency detailed by organization units and character and object of expenditure; and such other support- ing data as he may request. In preparing the budget, the City Manager shall review the estimates, may hold hearings thereon and may revise the estimates, as he may deem advisable. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall C• contain the following: 1. A consolidated statement of receipts and expenditures for all funds. 2. An analysis of property valuations. 3. An analysis of tax rate. 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. ARTICLE IV, Page 2. (4.01 continued) 5. A detailed listing of the resources of each fund. 6. A summary of proposed expenditures within such funds by department, function and classifi- cation. 7. A revenue and expense statement for all out- �. standing bonded debt. 8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, maturity dates, and amount outstanding. 9. The appropriation ordinance. 10. The tax levying ordinance. ARTICLE IV, Page 3. (4.01 continued) b. Attachments to budget 1. Budget message. The City Manager shall prepare a budget message which shall be submitted with the budget. It shall contain an outline of the pro- posed financial J p policies of the City for the fiscal year and describe in connection therewith the • important features of the budget plan. It shall set forth the reasons for salient changes from the previous years in expenditures and revenue items and.shall explain any major changes in financial policy. 2. Supporting schedules. Attached to the budget shall be such supporting schedules, exhibits and other explanatory material, in respect to both ,• current operations and capital outlays as the City Manager shall believe useful to Council. ARTICLE IV, Page 4. (4.01 continued) 3. Comparison tables. The City Manager may prepare tables in which various items may be compared with those'of previous years and shall attach such to the budget. (a) Anticipated revenues. In parallel columns - opposite the several items of revenue there shall be placed the actual amount of such item for the first -six (6) months of the current year, the budgeted amount for the current fis- cal year, and the proposed amount for the ensuing fiscal year. (b)* Proposed expenditures. The proposed expenditures for' -the administration, operation, maintenance and capital outlay of each office, department or agency of the City shall be • itemized by character and object. In parallel column opposite the various items of expendi- tures there shall be placed the actual amount of such items of expenditures for the last completed fiscal year, the estimated amount for the current fiscal year and the proposed amount for the ensuing fiscal year. c. Balanced budget. The total estimated expenditures of the general fund and debt service fund shall not exceed ARTICLE IV, Page 5. (4.01 continued) the total estimated resources of each fund (prospective income plus cash on hand). The classification of revenue and expenditure 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 nationally accepted classification. 4.02 Availability of proposed budget �• The proposed budget and all attachments shall be a public record in the office of the City Secretary, open to public inspection. The City'Manager shall cause sufficient copies of such to be prepared for distribution to interested persons. 4.03 Budget adoption a. Publication of notice of public hearing. At the meeting of City Council at which the budget and attachments are submitted, Council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7).days after date of publication, at which Council will hold a public hearing. b. Public hearing. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, City Council shall hold a L. ARTICLE IV, Page 6. (4.03 continued) public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. c. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all members of the whole Council. d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal -year. Should Council take no final action on or prior to such day, the budget as submitted by the City Manager -shall be deemed to have been finally adopted by Council. Upon final adoption, the budget shall be in effect for the fiscal year. 4.04 Public record a. Filed. A copy of the budget as finally adopted 00 shall be filed with the City Secretary. b. Availability. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments 41 and agencies, and for the use of interested persons and civic organizations. 4.05 Effect of approved budget From the effective date of the budget, ARTICLE IV, Page 7. (4.05 continued) a. The several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. b. The amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the City, in the corresponding tax year. C4.06 Fiscal year defined The fiscal year of city government shall begin on the first day of October and end on the last day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year. C• I/ . ARTICLE V - FINANCE ADMINISTRATION 5.01 Division of taxation a. Property subject to tax, method of assessment b.• Board of Equalization , 1. Membership 2. Compensation 3. Powers and duties 4. Records -and 5. Public hearing notice to owner C. Payment of taxes 1. When due and payable. 2. ,Tax liens 5.02 Purchase procedure 5.03 Alterations in contracts' 5.04 Fees shall be paid to City 5.05 Borrowing a. Negotiable notes b. Capital improvements 1. Power and authority to incur indebtedness 2. Referendum on bond ordinance •. 3. Public sale of all bonds 5.06 Disbursement of funds 5.07 Independent audit 5.08 Appropriations lapse at end of year ARTICLE V FINANCE ADMINISTRATION 5.01 Division of taxation There shall be established in the Department of Finance a division of taxation, the head of which shall be the City Tax Assessor -Collector. a. Property subject to tax; method of assessment.. A11 real and personal property within the City not expressly exempted by law shall be subject to annual taxation at its (• true market value. Each person, partnership and corporation owning property within the limits of the City shall between the first day of January and the thirty-first day of March of each year, hand to the Tax Assessor -Collector a full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the first day of January of the current year. In all cases of failure to C• obtain a statement of real and personal property from any cause, the Tax Assessor -Collector shall ascertain the amount and value of such property and assess the same as he believes to be true and full value thereof;`rand such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. b. Board of Equalization 1. Membership. City Council shall each year prior to the first day of March appoint three (3) residents ARTICLE V, Page 2 (5.01 continued) who are qualified voters as the Board of Equalization. Such board shall choose from its membership a chair- person. A majority of said board shall constitute. a quorum for the transaction of business. The Tax Assessor -Collector shall be ex officio secretary of the board. 2. Compensation. Members of the board while serving shall receive such"compensation as Council may deem appropriate. 3. Powers and duties. In order that all property within the City shall be assessed as uniformly as possible, the Board of Equalization shall have the power and duty to: (a) Adopt regulations regarding the procedure of assessment review. (b) Review, on complaint of property owners, assessments for the purpose of taxation of both real and personal property within the City made by the Assessor -Collector. .. a= (c) Examine and, if necessary, revise the assessments returned by the Tax Assessor -Collector and as previously set by the Board. ATTICLE V, Page 3. (5.01 continued) (d) Administer oaths, take testimony, hold hearings and compel the production of -all books, documents, and other papers pertinent' to the investigations 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) Certify its approval of the assessment rolls and have them returned to the Tax Assessor -Collector, immediately upon completion of the Board's work. 4. Records. The Board shall be required to keep an accurate record of all its proceedings, which record shall be available for public inspection. 5. Public hearing and notice to owner. At the C• same meeting that City Council appoints the Board of Equalization, it shall by ordinance fix the time of the first meeting of the Board which shall be on the tenth day of May, or as soon thereafter as practicable. After such first meeting, the Board may reconvene and adjourn from.time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any person in relation ARTICLE V, Page 4. (5.01 continued) to the assessment roll. Whenever said Board shall find it their duty to raise the value of any property appearing on the lists or books of the 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) C• nor 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 such property or to the person rendering same of the time to which said Board has adjourned, and that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may be • served by depositing the -same, properly addressed, and postage paid, in the city post office. c. Payment of taxes 1. 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 following the year for which the tax was levied, _X ARTICLE V, Page 5. (5.01 continued) and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest -as City Council may provide by ordinance. 2. Tax liens. The tax levied by the City is hereby,. - declared to be a lien, charge, or encumbrance upon the property upon which tax is due, which lien, charge, or encumbrance the City is entitled to enforce and foreclose in any court having jurisdic- tion over the same, and the lien, charge and encum- brance on the property in favor of the City, for the amount of taxes due on such property is such as to give the state -courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of 0 this state or person whose residence is unknown, but also as against non-residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxe% are due, which lien may be foreclosed in any court having jurisdiction. ARTICLE V, Page 6. (5.02 continued) 5.02 Purchase procedure All purchases made and contracts executed by the City shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be changed, and no contract or order shall be binding upon the City unless and until the City Manager or his designee / approves the same and certifies that there is to the credit ` of such office, department or agency a sufficient unencum- bered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Before the City makes any purchase or contract, opportunity shall be given for competition. Council may by ordinance confer upon the City Manager general authority to contract for expenditures without further approval of Council for budgeted �• items not exceeding three thousand dollars ($3,000.00). All contracts for expenditures involving more than three thousand dollars ($3,000.00) must be expressly approved in advance by Council. All contracts or purchases involving -t more than three thousand dollars ($3,000.00) shall be let to the lowest bidder, considering quality, after there has been opportunity for competitive bidding as provided for by law or ordinance; provided that Council or the City ARTICLE V, Page 7. (5.02 continued) Manager, in such cases as he is authorized to contract for the City, shall have the right to reject any and all bids. Contracts for professional services for which biddingis prohibited by law shall not be let on competitive bids. 5.03 Alterations in contracts Except in case of emergency, alterations in any contract not to exceed twenty-five per cent (25%) of the total contract may be made when authorized by Council upon written recommendation of the City Manager; provided that such' alteration is acceptable to the other party to the contract.' When such recommended change is for an amount not more than Five Thousand Dollars ($5,000.00), Council may,authorize the City Manager to approve such ,alterations. 5.04 Fees shall be paid to City. All fees for city services received by any officer or employee shall belong to the city government and shall be paid to the department of finance at such t`atmes as required by the director of the finance department. 5.05 Borrowing a. Negotiable notes. In any fiscal year, City Council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the City which shall mature ARTICLE V, Page 8. (5.05 continued) and be payable not later than the end of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than par and accrued interest at private sale by the director of the finance department without previous advertisement, but such sale shall be authorized by Council. Such notes shall be in anticipation of either of the following: 1. Property taxes. Notes authorized in anticipa- tion of the collection of property taxes in a fiscal year shall be designated "tax anticipation note for the year (stating the fiscal year). 2. Other revenues. Notes authorized in anticipation of the collection or receipt of other revenues shall be designated "special revenue note for the year " (stating the fiscal year). r b. Capital improvements `• 1. Power and authority to incur indebtedness. The city shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the City for permanent public improvements and to issue its general obligation bonds, revenue bonds, refund- ing bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or herein- after adopted or amended general and special laws ARTICLE V, Page 9. (5.05 continued) of this state applicable to home rule cities, except as such power and authority is expressly limited or denied by this charter, or any amendments hereto. 2. Referendum on bond ordinance. Each bond ordi- nance passed pursuant to a purpose which has been authorized by majority vote of the voters of the (� City at an election shall not be subject to refer- endum. Each bond ordinance relating to bonds not authorized by the qualified voters of the City shall be subject to permissive referendum on peti- tion pursuant to the provision of Article VI of this charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise. 3. Public sale of all bonds. No bonds issued under this charter shall be sold without fiAt offering the same at public sale. Notice of such sale shall be -given by publication at least once in a financial journal published in the State of Texas and by pub- lication -at least once in the official newspaper of ARTICLE V, Page 10. (5.05 continued) the City, both of'such publications to be made not less than ten (10) days prior to the date set for such sale. 5.06 Disbursement of funds All checks; vouchers or warrants for the withdrawal 1• of funds from the city depository shall be executed in accord with the provisions of this charter and shall be signed by the City Manager or his deputy and counter- signed by a member of City Council. 5.07 Independent audit Prior to the end of each fiscal year, Council shall designate a practicing certified public accountant, who is licensed by the State of Texas, to make an independent �• audit of accounts and other evidences of financial trans- actions of the city government and shall submit a report to Council. Notice shall be given by publication in the official newspaper in the City that the annual audit is 44 on file at the city hall for inspection. Such accountant ARTICLE V, Page 11. (5.07 continued) shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. They shall not maintain any accounts or,records of the city business,. but, within specifications approved by Council, shall post audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city govern- ment. 5.08 Appropriations lapse at end of year All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. (0 ARTICLE VI - Initiative, Referendum and Recall 6.01 Power of initiative 6.02 Power of referendum 6.03 Procedure for initiative or referendum petition a. Form of petition 1. Text 2. Signatures 3. Circulators 4. Affidavit b. Submission of petition 1. Filing 2. Examination 3. Certification (a) Procedure (b) Effect c. Amendment of petition d. Refiling not prejudiced 6.04 Consideration of referendum or initiative by Council a. Referendum b. Initiative 6.05 Election on referendum or initiative a. Submission to electors • b. Form of ballot C. Results 6.06 Amendment of initiative or referendum ordinances 6.07 Power of recall .. 40 6.08 Procedure for recall petition a. Affidavit b. Petition blanks c. Return of petition 6.09 Recall election a. Submission b. Ballots c. Results 6.10 District judge may order election ARTICLE VI INITIATIVE, REFERENDUM AND RECALL 6.01 Power of initiative The electors shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power known as the initiative.,, 6.02 Power of referendum le 6.03 (0 The electors shall have power to approve or reject at the polls any ordinance passed by Council, or submitted by Council to a vote of .the electors, except as provided in Section 5.05, such power being known as the referendum. Ordinances'submitted to Council by initiative petition and passed by Council without change shall be subject.to the referendum'in the same manner as the other ordinances. Procedure for initiative or referendum petition a. Form of petition 1. Text. Initiative petition papers shall contain the full text of the proposed ordinance. 2. Signatures (a) The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof (0 ARTICLE VI, Page 2. (6.03 continued) as provided by this section. Each signer of any petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by, street and number, or other description sufficient to identify the place. (b) The petition shall be signed by.qualified electors of the City equal in number to at least fifty per cent (50%) of the number of votes cast in the last regular municipal election.* 3. Circulators. There shall appear on each petition the names and addresses of five (5) electors, who, as circulators, shall be regarded as responsible for the circulation and filing of the petition. 4. Affidavit. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine signatures of the persons whose names they purport to be. ARTICLE VI, Page 3. (6.03 continued) b. Submission of petition 1. Filing. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the City Secretary as one instrument. 2. Examination. Within twenty (20) days after a petition is filed, the City Secretary shall determine whether -each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The City Secretary shall declare 'any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the 1• number of signatures certified by the circulator, the last signatures in excess of the number certi- fied shall be.disregarded. If a petition paper is found to be signed by fewer persons t4an the number certified, the signatures present shall be accepted unless void on other grounds. ARTICLE VI, Page 4. (6.03 continued) 3. Certification (a) Procedure. After completing his examina- tion of the petition, the City Secretary shall, certify the result thereof to City Council at its next regular meeting. If he shall certify". that the petition is insufficient he shall set forth in his certificate the particulars in Crwhich it is defective and shall at once notify the circulators of his findings. (b) Effect. When a referendum petition, or amended petition has been certified as suffi- cient by the City Secretary, the ordinance specified in the"petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as .hereinafter provided. c. Amendment of petition. An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the City Secretary, by filing a supplementary petition upon. additional papers signed and filed as provided in case of an original petition. The City Secretary shall, within ARTICLE VI, Page 5. (6.0.3 continued) five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the circulators of his findings and no further action shall be had on such insufficient petition. d. Refiling not prejudiced. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. 6.04 Consideration of referendum or initiative by Council Whenever City Council receives a certified initiative or referendum petition from the City Secretary, it shall proceed at once to consider such petition and shall take final action on it within sixty (60) days after the date on which it was submitted to 'Council. a. Initiative. A proposed initiative ordinance shall be read and provision made for a public hearing on such before the time set for final action. b. Referendum. A referred ordinance shall be con- - .. sidered by Council and its final vote upon such reconsider- ation shall be upon the question, -"Shall the ordinance in the referendum petition be repealed?" ARTICLE VI, Page 6. 6.05 Election on referendum or initiative a. Submission to electors. If Council shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth in the petition therefor, or if Council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors on the next election day as established by the laws of the State of Texas. Council �• may, in its discretion, and if no regular election is to be held on such day shall, provide for a special election. b. Form of ballot. Ordinances submitted to vote'of electors in accordance with this Article shall be sub- mitted -by ballot title, which shall be prepared in all cases by the City.Attorney. 'The ballot title may be dif- ferent from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance. Below the ballot title shall appear the following propositions, one preceding the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE . .-X ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. ARTICLE VI, Page 7. (6.05 continued) c. Results. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the City. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed - repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the Crgreatest number of affirmative votes shall prevail to the extent of such conflict. 6.06 Amendment of initiative or referendum ordinances Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by Council, as in the case of other ordinances. 6.07 Power of recall The Mayor or any Councilperson may be removed from C• office by recall. No recall petition shall be filed against the Mayor or a Councilperson within six (6) months after he takes office nor in respect to an officer subjected-Ato a recall election and not removed thereby, until at least six (6) months after such election. 6.08 Procedure for recall petition a. Affidavit. Any elector of the City may make and file with the City Secretary an affidavit containing the (0 (0 ARTICLE VI, Page 8. (6.08 continued) name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. b. Petition blanks. Upon receipt of said affidavit, the City Secretary shall deliver to said elector copies of petition blanks demanding such removal. The City Secretary shall keep a sufficient number of printed petition blanks on hand for distribution. Such blanks when issued shall: 1. Be signed by the City Secretary. 2. Be addressed to City Council. 3. Be numbered and dated. 4. Indicate the name of the person to whom issued. 5. Indicate the name of the officer whose removal is sought.. 6. Indicate the number of such blanks issued. The City Secretary shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number issued to said person. c. Return of petition. To be effective, the recall petition must: 1. Be signed by qualified electors of the City equal in number to at least fifty per cent (50%) of those who were qualified voters and voted on ARTICLE VI, Page 9. (6.08 continued) the date of the last regular municipal election, and at least one-half of -the qualified voters constituting such fifty per cent (50%) signing the petition shall make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is sought, in the election at which he was last elected. C• 2. Be returned and filed with the City Secretary within thirty (30) days after the filing of the affidavit required in Section 6.08a. 6.09 Recall election a. Submission. The City Secretary shall at once examine the recall petition and if he finds it sufficient and in compliance with the provisions of this Article, he shall within five (5) days submit it to City Council `• with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice Council shall thereupol-s order and , fix a date for holding a recall election. Any such election shall be held at the next election day as established by the laws of the State of Texas. ARTICLE VI, Page 10. (6.09 continued) b. Ballots. Ballots used at recall elections shall conform to the following requirements: 1. With respect to'each person whose removal is sought the.question shall be submitted "Shall (name of person) be removed from the office of (name of office) by recall?" ( 2. Immediately below each such question there `• shall be printed the two (2) following proposi- tions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)". c. Results. If a majority of the votes cast at a recall election shall be'against the recall of the officer named on the ballot, he shall continue in office for the remainder of his unexpired term, • subject to recall as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be -x deemed removed from office and the vacancy shall be filled as in other vacancies. ARTICLE VI, Page 11. 6.10 District judge may order election Should City Council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the charter, then it shall be the duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections (� and to enforce the carrying into effect of the provisions of this article of the charter. ARTICLE VII - FRANCHISES AND PUBLIC UTILITIES 7.01 Enfranchisement a. Power of Council b. Extensions C. Other conditions 7.02 Regulation a. Right of regulation b. Regulation of rates and service C. 7.03 Franchise records 7.04 Accounts of municipally owned utilities 7.05 Franchise value di.sailowed 7.06 Consent of property owners co ARTICLE VII FRANCHISES AND PUBLIC UTILITIES 7.01 Enfranchisement a. Power of Council. City Council shall have power by ordinance to grant, amend, renew and extend all franchises of all public utilities of every character operating withih the City. All ordinances granting, amending, renewing, or extending franchises for public utilities shall not be finally passed until thirty (30) days after the first read- ing; and no such ordinance` shall take effect until sixty (60)'days after its final passage; and pending such time, the notice and caption of such ordinance, noting the place where the full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the official newspaper of the City, and the expense of such publication to be borne by the proponent of the fran- chise. No public utility franchise shall be transferable' except with the approval of Council expressed by ordinance. <• b. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be operated as such, and shall be subject to all the obligations and reserved ' rights contained in this charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be termi- nable as provided in Section 7.02a. In case of an extension ARTICLE VII, Page 2. (7.01 continued) of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. c. Other conditions. All franchises heretofore granted are recognized as contracts between the City and ' the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of this charter, except that -the power of the City to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the City heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include 'the right to require proper and adequate extension of plant and service and the maintenance of the plant and fixtures at the highest reasonable standard Ceof efficiency. Every public utility franchise hereafter granted shall -be held subject to all the terms and conditions contained in the various sections of this article whether or not such , 41 terms are specifically mentioned in the franchise. When the City chooses to exercise its power of eminent domain to acquire any public utility, the procedure to be used in such acquisition shall be as set forth in Revised Civil Statutes of Texas, Articles 3264-3271, inclusive. ARTICLE VII, Page 2h. (7.01 continued) In valuing the property, the measure of damages shall be the fair market value of the physical properties taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the City in a franchise ordi- nance. Prior to the purchase of any existing franchised utility system, either according to the terms of the franchise or by eminent domain, City Council shall submit the question of purchase to the voters of the City, and such must be approved by a majority of those voting. Nothing in this charter shall operate to limit in any way, as specifically stated,•the discretion of Council or the electors of the City in imposing terms and conditions as may be reasonable in connection with any franchise grant. C40 ARTICLE VII, Page 3. 7.02 Regulation a. Right of regulation. All grants, renewals, exten- sions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject' to the right of the.City: 1. To repeal the same by ordinance at any time for''' failure to begin construction or operation within the time prescribed or otherwise to comply with the C• terms of the franchise, such power to be exercised only after due'notice and hearing. 2. To require an adgquate extension of plant and service, and the maintenance of the plant and fix- tures at the highest reasonable standard of efficiency. 3. To establish reasonable standards of service and•quality•of products and prevent unjust dis- crimination in service of rates. C• 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the form of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system of accounts for said utility prescribed by the appropriate State and Federal utility regulatory agencies. ARTICLE VII, Page 4. (7.02 continued) 5. To examine and audit the accounts and other records of any such utility at any time and to require annual and other reports, including reports on local operations by each such public utility. 6. To impose such reasonable regulations and restrictions as may be deemed desirable or condu- cive to the safety, welfare, and accommodation of the public. 7. To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. b. Regulation of rates and service. Council shall have full power, after due notice and hearing, to regulate by ordinance the rates and service of every public utility operating within the City. Such power shall be subject to the exercise of power in each area of each utility by the appropriate agencies of state and federal government. 7.03 Franchise records Within six (6) months after this charter takes effect every public utility and every owner of a public utility franchise shall file with the City, as may be prescribed by ordinance, certified copies of all franchises owned .or claimed, or under which such utility is operated in the City. The City shall compile and maintain a public record of public utility franchises. ARTICLE VII, Page 5. 7.04 Accounts of municipality owned utilities Accounts shall be kept for each public utility owned or operated by the City, in such manner as to show the true and complete financial results of such city ownership and opera- tion, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves, and surplus, also revenues, operating expenses, including depreciation, ( interest payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the City,of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department.- City Council shall annually cause to be made by a licensed certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information speci- fied in this section or such data as Council shall deem expedient; in accordance with section 5.08. -� 7.05 Franchise value disallowed The value of the franchise granted by the City shall not be included in fixing reasonable rates and charges for utility service within the City or in determining the just compensa- tion to be paid by the City for public utility property which may be acquired by eminent domain or otherwise. (a C40 ARTICLE VII, Page 6. 7.06 Consent of property owners The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this charter or in any franchise granted thereunder shall be construed to deprive any such property owner of any rights of action for damage or injury to his property as now or hereafter provided by law. IV ARTICLE VIII GENERAL PROVISIONS 8.01 Publicity of records 8.02 Employees and officers a. Personal financial interest b. Employment interest c. Nepotism = d. Bonds e. Oath of office f. Discharge g. Injuries; insurance h. Pensions 8.03 Assignment, execution and garnishment of City property 8.04 City not required to give security or execute bond 8.05 Effect of this charter on existing law 8.06 Amending this charter 8.07 Severability clause ' 8.08 References to laws 8.09 Approval of this charter 8.10 Provisions for transition A ARTICLE VIII GENERAL PROVISIONS 8.01 Publicity of records All records and accounts of every office, department or agency of the City shall be open to inspection by any person, any representative of a citizen's organization or' any representative -of the press during normal business hours, as provided in the Texas Open Records Act, Revised Civil Statutes Article 6252-17a. ff 8.02 Employers and officers a. Personal financial interest. No member of City Council or any officer or employee of the City shall have a financial interest, direct or indirect or by reason of ownership of .stock in any corporation, in any contract, or in the sale to the City, or to a contractor supplying the City, of any lands or rights of interests in any land, material, supplies, or service. Any wilful violation of this section shall constitute malfeasance in office, and `• any officer or employee of the City found guilty thereof shall thereby forfeit his office or position. Any viola- tion of this section with the knowledge expressed or implied of the person or corporation contracting with the City ` shall render the contract voidable by Council. ARTICLE VIII, Page 2. (8.02 continued) b. Employment interest. No one who has been elected to City office shall be employed in a non -elective office by the City within the term -for which he was elected or for one (1) year thereafter. c. Nepotism. No person related, within the second degree by affinity or within the third degree by consan- guinity, to the Mayor or any Councilperson or to the City Manager shall be employed.or appointed to any office, 10 position or clerkship of the City. This prohibition shall not apply, however, to any person who shall have been employed fdr two (2) years or more by the City at the time of the election or appointment of the officer to whom he is related. d. Bonds. Council shall require bonds of all municipal officers and employees who receive or pay out any monies C: of the City. The amount of such bonds shall be determined by Council and the cost thereof borne by the City. Council shall set the bond amount for the City Manager and the Director of Finance at an amount not less than Ten Thousand, Ix Dollars ($10,000.00). e. Oath of office 1. Elected officers. Every elected officer of the City shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to -be filed and kept in the office of the City Secretary: ARTICLE VIII, Page 2k (8.02 continued) III, do solemnly swear (or affirm), that I will faith- fully execute the duties of the office of of the City of La Porte, State of Texas, and will to the"^ best of my ability preserve, protect and defend the constitution and laws of the United States and of this state -and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a'reward for the giving or with- holding a vote at the election at which I was elected. So help me God." �. 2. Appointed officers. Every appointed officer of the City shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and`11cept in the office of the City Secretary: ARTICLE VIII, Page 3.. (8.02 continued) if I do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of ' my ability preserve, protect and defend the consti- tution and laws of the United States and of this state and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office of employment, as a reward to secure my appointment or the con- firmation thereof. So help me God." f. Discharge. Council shall be authorized to discharge �• at any time, with or without a hearing, as Council may elect, any officer, employee or clerk which it appoints. The City Manager shall be authorized to discharge at any time, -with or without a hearing, as the City Manager 42 may elect, any officer, employee'or clerk which he appoints. g Injuries; insurance. City Council shall have authority to provide the rules and regulations for maintain- ing employees when injured and disabled while performing their duties, and it may provide for such plan of insurance as it deems proper. ARTICLE VIII, Page 4. (8.02 continued) h. Pensions. City Council may establish a pension plan for any employee who has been employed by the City for twenty (20) years and who shall have reached the age of fifty-five (55),.or may adopt in lieu thereof any pension system available to cities under state law. The amount of said pension shall be graded and proportioned to the average salary received by the employee during the whole period of his employment. All those falling under the head of employees in this charter and who are employed by the City when the same takes effect shall be entitled to a credit for the years of service heretofore served. Provided however that any payment under this provision shall never constitute a waiver or stop the City from asserting any defenses it might have under section 1.06. 8.03 Assignment, execution and garnishment of City property . �. The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the City, in the hands of any person, firm or`xcorporation, shall not be liable to garnishment, attachment, or seques- tration; nor shall the City be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the City nor Z-7 C� ARTICLE VIII, Page 5. (8.03 continued) any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The City shall not be obligated to recognize any assignment of. wages or funds by its employees, agents, or contractors. 8.04 City not required to give security or execute bond It shall not be necessary in any action, suit or pro- ceeding in which the City is a party, for any bond, under- taking or security tobe demanded or executed by or on behalf of said City in any court, but in all such actions, suits, appeals or proceedings same shall be conducted in the same manner, as if such bond, undertaking or security had been given as required by law, and said City shall be as liable as if security of bond had been duly executed. 8.05 Effect of this charter on existing law All ordinances, resolutions, rules and regulations now in force under the city government of the City and not in conflict with the provisions of this charter shall remain in force under this charter until altered, amended or repealed by City Council after this charter takes effect; and all rights of the City under existing franchises and contracts are preserved in full force and effect to the City, and any unissued bonds and revenue bonds, or install- ments thereof, heretofore authorized at an election held 0 ARTICLE VIII, Page 6. (8.05 continued) in said City shall not be affected by the adoption of this charter, but the right to sell, issue, and deliver 10 same, in whole or in part, in keeping with the provisions of the laws. under which they were voted is hereby expressly reserved. 8.06 Amending this.charter: C• a. Amendments may be proposed and submitted to the electors of the City by ordinance passed by a majority vote of the full membership Of- City Council or by a petition signed by qualified voters of the City in number not less than five per cent. (5%) thereof or 20,000 signatures, whichever is less. Such petition shall in all other respects conform to the provisions of Article VI. When a properly drawn petition has been duly filed, C• Council shall provide by ordinance for submitting such proposed amendments to a vote of the electors at an election to be held not less than thirty (30) days nor more than ninety (90) days after the passage of said ordinance. If the next regular municipal election is to be held during ARTICLE VIII, Page 7. (8.06 continued) said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special election shall be called for the purpose. Notice of the election shall be given by publication thereof in the official news- paper on the same day in each of two (2) successive weeks the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. The form of such notice shall be as prescribed by this charter, including a substantial copy of the proposed amendment or amendments. Each amendment submitted shall contain only one subject and shall be printed separately on the ballot, each pro- posed amendment being followed by designations for the voter to vote for the amendment or against the amendment. - Each proposed amendment,'if approved. by the majority C• of the qualified voters voting at said election, shall become a part of the charter. The City Secretary shall enter notice into the.records of the City declaring the same adopted. . _X b. This section is subject to the provisions of Revised Civil Statutes of Texas Annotated, Article 1170, and Election Code Article 2.01 et sec,. ARTICLE VIII, Page 8. 8.07 Severability clause If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably con- nected in meaning and effect -with the section or part of section to which such holding shall directly apply. 8.08 References to laws All references within this charter to laws of the State of Texas or of the United States are to be construed as meaning such laws as now or hereafter amended or superseded. 8.09 Approval of this charter. •a. Copies to electors. In'not less than thirty (30) days prior to the election provided in subsection b, the City Commission shall cause the City Clerk to mail a copy of this charter to each.qualified voter of the City, as listed on the current voter registration list. y� b. Submission of charter to electors. The charter committee in preparing this comprehensive charter amendment finds and decides that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the charter is so constructed that in ARTICLE VIII, Page 9. (8.09 continued) order to enable it to work and function it is necessary that the comprehensive amendment be adopted in its entirety. For these reasons the charter committee directs that said amended charter be voted upon as a whole and that it shall be sub- mitted to the qualified voters of the City at an election to be held for that purpose on the 9th day of August, 1980. The form of ballot to be used in such election shall C� be as follows: FOR THE ADOPTION OF THE AMENDED CHARTER. AGAINST THE ADOPTION OF THE AMENDED CHARTER. C. Results of vote for adoption. If a majority of the qualified electors voting in such election shall vote in favor of the adoption of the charter, and after the returns have been canvassed, the City Clerk shall file an official / copy of the charter with the records of the City. The City �\ Commission shall at its next meeting declare this charter adopted. The Clerk shall furnish the Mayor.a copy of said charter, which copy of -the charter so adopted, authenticated and certified by his signature -and the seal of the City, shall be forwarded.by the Mayor to the 'Secretary of State of the State of Texas and shall show the approval of such charter by majority vote of the qualified voters voting at such election. _X ARTICLE VIII, Page 10. 8.10 Provisions for transition a. Tenure of officers during transition. From and after the date of the adoption of this charter and until the completion of the first election under this charter to 0 be held on the first Saturday in April, 1981, and the quali- fication of the Councilpersons therein elected, the present qualified and acting commissioners and mayor shall consti- tute City Council. Such City Council shall possess all the powers provided by this charter. After said election and until the election to be held on the first Saturday in April, 1982, and the qualification of the Councilpersons and Mayor therein elected, the present qualified and acting Commissioner --position 2 shall serve as Councilperson-at-large--Position A; the present qualified and acting Commissioner --position 4 shall serve as Council - person -at -large --Position B; and the present qualified and • acting mayor shall serve as Mayor. These Councilpersons and Mayor, along with the Councilpersons elected and quali- fied as provided in subsection b, below, shall, for the duration of their te.rms of office, compose City council and shall possess all the powers provided by this charter. b. Original election of Mayor and Councilpersons. Councilpersons representing districts shall be elected at the election to be held on the first Saturday in April, 1981, for terms of office as follows: ARTICLE VIII, Page 11 (8.10 continued) Councilperson--District 1, three (3) year term Councilperson--District 2, one (1) year term Councilperson--District 3, one (1) year term Councilperson--District 4, two (2) year term Councilperson--District 5, two (2) year term Councilperson--District 6, three (3) year term Councilpersons-at-large_.and the Mayor shall• be elected at the election to be held on the first Saturday in April, 1982, for terms of offices as'follows: Councilpe*rson-at-large--Position A, one (1) year term Councilperson-at-large--Position B, two (2) year term Mayor, three (3) year term•. Following these terms of office, all Councilpersons and the MaI . yor shall be elected to three (3) year terms, accord- ing to the provisions of Article II of this charter. . _x r] THE STATE OF TEXAS COUNTY OF HARRIS CITY OF LA PORTE I, Betty T. Waters, City Clerk of the City of La Porte, Texas, do hereby certify that the attached is a true and correct copy of the Amended Home Rule City Charter as was approved by the Qualified Registered Voters of the City of La Porte, Texas, at an election duly called .and notice thereof given in accordance with law, and held in the manner required by law. TO CERTIFY WHICH WITNESS MY HAND AND OFFICIAL SEAL OF the City of La Porte, This the 28th day of August, 1980. _ �.� 5CityfC41erk City of La Porte, Texas TABLE OF CONTENTS ARTICLE I - INCORPORATION; CITY POWERS 1.01 Incorporation 1.02 City boundaries 1.03 Modification of City boundaries 1.04 Form of government 1.05 Powers of the City 1.06 Special provisions for damage suits ARTICLE II - CITY COUNCIL 2.01 Composition of City Council 2.02 Qualifications 2.03 Conduct of elections 2.04 Vacancies in City Council 2.05 Compensation 2.06 Original meeting of new Council 2.07 Meetings 2.08 Duties of Mayor 2.09 Powers of Council 2.10 Additional discretionary powers 2.11 Ordinances ARTICLE III - ADMINISTRATION 3.01 City Manager 3.02 Administrative departments 3.03 City Secretary. 3.04 Municipal Court 3.05 City Attorney ARTICLE IV - BUDGET 4.01 Preparation and submission of budget 4.02 Availability of proposed budget -- 4.03 Budget adoption 4.04 Public record 4.05 Effect of approved budget 4.06 Fiscal year defined ARTICLE V - FINANCE ADMINISTRATION 5.01 Division of taxation 5.02 Purchase procedure 5.03 Alterations in contracts 5.04 Fees shall be paid to City' 5.05 Borrowing 5.06 Disbursement of funds 5.07 Independent audit 5.08 Appropriations lapse at end of year ARTICLE VI - INITIATIVE, REFERENDUM AND RECALL 6.01 Power of initiative 6.02 Power of referendum 6.03 Procedure for initiative or referendum petition 6.04 Consideration of referendum or initiative by Council 6.05 Election on referendum or initiative 6.06 Amendment of initiative or referendum ordinance 6.07 Power of recall 6.08 Procedure for recall petition• 6.09 Recall election 6.10 District judge may order election ARTICLE VII - FRANCHISES AND PUBLIC UTILITIES 7.01 Enfranchisement 7.02 Regulation 7.03 Franchise records 7.04 Accounts of municipally owned utilities 7.05 Franchise value disallowed 7.06 Consent of property owners ARTICLE VIII - GENERAL PROVISIONS 8.01 Publicity of records 8.02 Employees and officers 8.03 Assignment, execution and garnishment of City property 8.04 City not required to give security or execute bond 8.05 Effect of this charter on existing law 8.06 Amending this charter 8.07 Severability clause 8.08 References to laws 8.09 Approval of this charter 8.10 Provisions of transition a ARTICLE I - INCORPORATION; CITY POWERS 1.01 Incorporation 1.02 City boundaries 1.03 Modification of City boundaries a. Petition b. Otherwise 1.04 Form of government 1.05 Powers of the City a. Generally b. Enumerated powers 1. Eminent domain 2. Streets (a) Powers (b) Improvements 3. Sanitary sewer system 4. Garbage disposal 5. Nuisances, etc. • C. General powers adopted 1.06 Special provisions for damage suits ARTICLE I INCORPORATION; CITY POWERS 1.01 Incorporation The inhabitants of the City of La Porte within the boundaries as now established or as hereafter established in the manner provided by law shall continue to be a body politic and corporate and be known by the name of the City of La Porte. 1.02 City boundaries 46 The boundaries and limits of the City shall be the.same as have heretofore been established and now exist, which boundaries and limits were originally shown on the map recorded in Volume 8, Page 16, Map Records of Harris County, Texas, and -as modified by subsequent annexations and dis- annexations. 1.03 Modification of City boundaries The City Council shall have power by ordinance to fix the boundary limits of the City and to provide by • ordinance for the extension of said boundary limits, by the annexation of additional territory lying adjacent to the City, the disannexation of territory within the City and the exchange of territory with other cities and towns, all with or without the consent of the inhabitants in such territory or the owners thereof; provided that the foregoing powers shall be exercised by the Council in a manner consistent with, and the Council shall comply with, ARTICLE I, Page 2. (1.03 continued) the procedural rules, requirements and limitations prescribed by any law applicable to cities operating under charters adopted or amended pursuant to Article XI, Section 5 of the Constitution of the State of Texas', otherwise known as home rule cities, including Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). The following methods of annexation • may be used: a. Petition. The residents of any land contiguous and adjacent to the City may request the annexation of such land. Such request shall be made by a petition in writing which is signed by a majority of the residents of such land, addressed to City Council and filed with the City Secretary. Within thirty (30) days of the filing of such petition, City Council shall hear the petition and any arguments for or against it and shall accept or refuse the petition as Council sees fit. If the petition is accepted, Council shall by proper ordinance annex such land. b. Otherwise. The City may annex territory by use of any of the means provided in Revised Civil Statutes of Texas Article 907a (Municipal Annexation Act). ARTICLE I, Page 2-1/2. 1.04 Form of Government The governing body of the City shall be a council composed of the Mayor and eight (8) Councilpersons, to be known as the City Council of the City of La Porte, here- inafter called City Council. The members of City Council shall be elected from the City in the manner prescribed elsewhere in this charter. 1.05 Powers of the City a. Generally. The City shall have all the powers granted to municipal corporations and to cities by the constitution and laws of the State of Texas together with all the implied powers necessary to carry into execution the powers granted. The City may acquire property within or without its corporate limits for any city purpose in fee simple title or any lesser interest or estate by purchase, gift, devise, lease or condemnation and may ARTICLE I, Page 3. (1.05 continued) sell, lease, exchange, mortgage, hold, manage and control such property as its interest may require; and, except as prohibited by the constitution of this state or restricted by the charter, the City may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The City may use a corporate seal; may sue and be sued, may contract; may implead and be im- pleaded in all courts concerning all matters; may cooperate iwith the government of the United States and of the State of Texas or any agency or political subdivision thereof to accomplish any lawful purpose; and may pass such ordinances as may be expedient for maintaining the City's peace and welfare and for the performance of its functions. b. Enumerated powers. Without limitation of the fore- going powers, the following are enumerated for greater certainty: �. 1. Eminent domain. The City shall have the full power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this charter or by the constitution and laws of the State of Texas. This power shall include the power to acquire any public utility operating with or without a franchise and furnishing a public service. The City may exercise its condemnation power in any manner authorized or permitted by the ARTICLE I, Page 4. (1.05 continued) constitution and laws of this state. The power of eminent domain hereby conferred shall include the right of the City to -take fee simple title in land so condemned and such power and authority shall include the right to condemn property for such purposes. The City shall have and possess the power of condemnation for any municipal or public purposes even though not specifically enumerated in this charter. 2. Streets (a) Powers. The City shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets,'alleys, sidewalks, parks, • squares, public places and bridges; and regu- late the use thereof and require the removal from streets, sidewalks, alleys and other -... public property or places of all obstructions and all vendors, show cases and encroachments of every nature or character upon any of said streets and sidewalks. ARTICLE I, Page 5. (1.05 continued) (b) Improvements. The City shall have exclu- sive dominion, control and jurisdiction in, upon and over and under the public streets, avenues, alleys .and highways of the City, and may provide for the improvement thereof of paving, repaving, raising, draining, or otherwise. The provisions of Revised Civil Statutes of Texas Article 1105b are expressly adopted and made a p y p part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the City shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of, all utility pipes, lines, wires, or other property. • 3. Sanitary sewer system. The City shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system; to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the City for sewerage service, pro- ARTICLE I, Page 6. (1.05 continued) viding rules and regulations for the collection thereof, and to provide for rendering a lien against any property owner's premises who fails or refuses to make sanitary sewer connections after due notice and to charge a cost against said owner and make it a personal liability. 4. Garbage disposal. City Council shall by ordinance adopt and prescribe rules and regula- tions for the handling and disposition of all garbage, trash and rubbish within the City and shall fix charges and compensation to be charged by the City for the removal of garbage, trash, and rubbish, providing rules and regulations of the collection thereof. 5. Nuisances, etc. 'The City shall have the • power to define all nuisances and prohibit the same within the City and outside the city limits for a distance of five thousand (5,000) feet; have power to police all parks or grounds, speedways, or boulevards owned by said City and lying outside of said City, to prohibit the pollution of any stream, drain or tributaries thereof, which may constitute the source of ARTICLE I, Page 7. , (1.05 continued) water supply of any city and to provide for policing the same as well as to provide for the protection of any watersheds and the policing of same, to inspect dairies, slaughter pens, and .slaughterhouses inside and outside the limits of the City, from which meat or milk is furnished to the inhabitants of the City. c. General powers adopted. The enumeration of the particular powers in this charter shall not be held or deemed to be exclusive but in addition to the powers enumer- ated herein or implied hereby or appropriate to the exercise of such powers, the City shall have and may exercise all power of local self-government and all other powers which, under the constitution and laws of the State of Texas, it would be competent for this charter specifically to enum- erate. The City shall have and may exercise all the powers • enumerated in Revised Civil Statutes of Texas Article 1175. 1.06 Special provisions for damage suits Before the City shall be liable to damage claim or suit for personal injury or,death or damage to property, the person who is injured or whose property is damaged or someone in his behalf or his personal representative in cases of death shall give the City Secretary notice in writing within thirty (30) days after the occurring of the alleged ARTICLE I, Page 8. (1.06 continued) injury, death or damage stating specifically in such notice when, where and how the injury, death or damage was sustained and setting forth the extent of the in- jury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury, death or damage. No action at law for damage 46 shall be brought against the City for personal injury, death or damage to property prior to the expiration of sixty (60) days after the notice hereinabove described has been filed with the City Secretary. After the expiration of sixty (60) days aforementioned, the complainant may then have two (2.) years in which to bring an action of law. ARTICLE II - - CITY COUNCIL 2.01 Composition of City Council a. Members of Council b. Formation of districts c. Election d. Term of office 2.02 Qualifications a. Enumerated b. Council to be judge of members' qualifications 2.03 Conduct of Elections a. Regulations b. Schedule 1. Regular election 2. Special election 2.04 Vacancies in City Council a. Candidacy elsewhere b. Procedure • c. Filing for office d. Official ballots e. Canvassing elections 2.05 Compensation 2.06 Original meeting of new Council 2.07 Meetings a. Frequency b. Rules c. Journal 2.08 Duties of Mayor 2.09 Powers of Council 2.10 Additional discretionary powers a. Public library b. Hospital 1. Operation 2. Finances C. Zoning 1. Power 2. Procedure (a) Zoning Commission (b) Zoning Board of Adjustment 3. Generally d. Housing authority. 2.11 Ordinances a. Passage 1. Procedure 2. Codification b. Additional ordinances c. Enacting clause ARTICLE II CITY COUNCIL 2.01 Composition of City Council a. Members of Council. City Council shall be composed of a mayor and eight (8) Councilpersons. The positions of Councilpersons shall be designated as follows: Councilperson-- District 1 Councilperson--District 2 Councilperson--District 3 Councilperson--District 4 Councilperson-- District 5 Councilperson--District 6 Councilperson-at-large--Position A Councilperson-at-large--Position B The Mayor and'the two (2) Councilpersons-at-large shall be elected by a majority vote of the City at large. The City shall be divided, as described below in subsection b, into six (6) districts, Districts 1', 2, 3, 4, 5 and 6, and one • (1) Councilperson shall be elected from each district by majority vote of the resident voters of such district. b. Formation of districts. City Council shall divide the City into six (6) districts which are reasonably compact, contiguous and of as nearly equal population as practicable. It shall be the duty of City Council to establish the boundaries of six (6) districts covering the entire City for the purpose of electing District Councilpersons. Such boundaries shall be established by ordinance, which shall be final for purposes of this Charter. The first ARTICLE II, Page 1-1/2. (2.01 continued) such establishment shall be made as soon as practicable prior to the first City Election following adoption of this section. Any subsequent establishment shall be made when required by this Charter. Promptly following the addition of territory to the City by a boundary change, the City Council shall, by ordinance, add such territory to an adjacent district or districts. Immediately following publication of the 1980 Federal census, and at least every five (5) years thereafter, City Council shall conduct an investigation and determine the population of the City and the population of each of the districts from which District Councilpersons are to be elected. Each such determination shall be based upon the best available data, including, but not limited to, the most recent federal census. Each such determination shall be expressed in an ordinance, which shall be a final deter- mination for.purposes of this Charter. After any such determination, if the distribution of population among the various districts is determined by City Council to be materially unbalanced, the City Council shall establish new boundaries for the election of District Councilpersons. ARTICLE II, Page 2. (2.01 continued) c. Election. All candidates for City Council shall be voted on and elected separately for positions and dis- tricts on said City Council, and each candidate shall be designated on the official ballot according to the title of such position or district to which he seeks election. Any candidate for office receiving a majority of all the votes cast for the office for which he is a candidate 6 shall be elected to such office. In the event any candidate for any office fails to receive a majority of all votes cast for all the candidates for'such office, the City Council shall call a run-off election to be held not less than twenty-one (21) -days, nor more than thirty (30) days, after the regular election, at which run-off election the two (2) candidates receiving the highest number of votes shall be voted for again. In the *.event of a tie in the vote for • the two, (2) leading candidates, at the regular election, the City Council shall hold a second election not less than twenty-one (21) days, nor more than thirty (30) days, after the regular election, at which said second election the candidates receiving such tie votes shall be voted for again. d. Term of office. The Mayor and Councilpersons shall each hold their respective offices for a term of three (3) years and until their successors shall have been elected and duly qualified. ARTICLE II, Page 3. 2.02 Qualifications a. Enumerated. The Mayor and Councilpersons shall be resident electors of the city at the time of filing for office, and continuously during their term of office. A District Councilperson shall also be a resident of his district at the time of filing for office and continuously during his term of office. b. Council to be judge of members' qualifications. City Council shall be the judge of the election and quali- fications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of Council in any such case shall be subject to review by the courts. 2.03 Conduct of Elections a. Regulations. All city elections shall be governed by the laws of the State of Texas. In the event there • should be any failure of the general laws or this charter to provide for some feature of the city elections, City Council shall have the power to provide for such defi- ciency, making all regulations it considers desirable, not inconsistent with the laws of the State of Texas, for the prevention of fraud in such elections and for the recount of ballots in case of doubt or fraud. Municipal elections shall be conducted by the appointed election authorities, who shall also have power to make such regulations not inconsistent with this charter, with any reg- ulations made by Council or the laws of the State of Texas. ARTICLE II, Page 4. (2.03 continued) No informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the charter and ordinances of the City. b. Schedule. 1. Regular election. The regular election for choice of members of Council shall be held annually on the first Saturday of April. 2. Special election. Council may be ordinance or resolution order a special election, fix the time for holding same and provide necessary means. 2.04 Vacancies in City Council a. Candidacy elsewhere. If the Mayor or any Council person shall announce his candidacy, or shall in fact become a candidate, in any general, special or primary election for any office of profit or trust under this • Charter of the laws of Texas or the United States, other than the office he has held, at any time when the unexpired term of the office then held shall exceed one (1) year, such announcement or such candidacy shall constitute an automatic resignation of the office then held. b. Procedure. When a vacancy occurs for any reason in the office of Mayor or Councilperson, Council shall call a ARTICLE II, Page 5. (2.04 continued) special election within one hundred twenty (120) days. At said election the vacant office or offices shall be filled under the provisions of this charter. c. Filing for office. Each candidate for public office must: 1. Be a qualified voter in the City. 2. File sworn application with the City Secretary at least thirty (30) days prior to the election date. 3. Post the required filing fee: For Mayor ------------ not to exceed the sum of $100.00 For Councilperson ---- not to exceed the sum of $ 50.00 The filing fees shall be used to defray the cost of the election and said fee shall be prorated and any surplus shall be refunded to said candidates. • In lieu of posting such fee, a candidate may submit a petition requesting that his name be placed on the ballot. Said petition shall bear a number of signatures of qualified electors who are residents of the i v, which number shall not be less than five per cent (5%) of the total vote cast at the most recent regular election in which a Councilperson ARTICLE II, Page 6. (2.04 continued) was elected or fifty (50), whichever is the lesser number. Each signer shall indicate his address and the number and county of his voter registra- tion certificate. 4. File for only one City office. d. official ballots. The full names of all candidates for Mayor or Council as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots without party designations. If two (2) candidates with the same surnames, or with names so similar as to be likely to cause confusion, file for office, their occupations or the addresses of their places of residence shall be placed with their names on the ballots. The order of the names on the ballot shall be determined by lot. • e. Canvassing elections. Returns of the elections, general and special, shall be made by the election officers to Council promptly following said election at which time Council -shall canvass and declare the results of such election. 2.05 Compensation Each Councilperson and the Mayor SIDING 4'x8' Panels ':;j:T' % THICK. 'A" THICK 1. 925 1395 _'�t • Super Durable Attractive °° • Takes Stain Colors U•, A Especially Well iJ Z Z"a.--I _ Build your own privacy __---- PO S r RAXr -3®, 18-3 Bill would reduce Clear'Lake water authority's control By DIANE BALLARD Past Austin Bureau AUSTIN — Sen. Chet Brooks, D-Pasa- dena, introduced a bill Tuesday, favored by the Houston City Council, that would remove the Clear Lake Water Authority's control of development on 6,500 acres in and adjacent to Houston. The bill is opposed by water authority officials. They have said they fear the proposal would allow the F riendswood Development Co., which owns the land, to build densely populated apartments and muitifamilY dwellings that Clear Lake residents do not want. - The move also could hinder further attempts to have the area deannexed by Houston, water authority officials said. THE BILL, REQUESTED by the com- pany, would remove the land from the water authority's jurisdiction so the com- pany could develop the area without di- rection from the Clear Lake Water Authority. About 4,300'acres of the 6,537 acres that would be dropped from the water authority's jurisdiction are in Houston. Brooks said the water authority has exhausted Its bond capacity and cannot provide water service to the area. The change is needed so the land can be de- veloped, which will spur the area's econ- omy, he said. ' "It's essential we resolve the stale- mate so that development can be contin- ued to prevent stagnation and undesira- ble use. of the open land,"' Brooks said. "The obvious economic advantages In terms of jobs, housing and new business opportunities will be a boost to the area." BUT WATER AUTHORITY officials say the land would not.go undeveloped if It remained under their control. It would, however, have to be developed in a way acceptable to residents in the area, the officials said. Bill Schweinle, president of the Clear Lake Water Authority's board of direc- tors, said water services could be pro- vided to the land, if it stayed in the Clear Lake Water Authority district and a bond election were held. But area residents probably would ap- prove such bonds only If the company promised to cut . back on high -density apartment and condominium develop- ment, Schweinle said. "Friendswood. doesn't want to be tied to.a particular mode of development," he said. "There has to be some • flexibility, some give and take. Fi iendswood would like to be able to have a large degree of (development) flexibility .. , and the current water district authority board is unwilling to have no say in this." LATE LAST MONTH, the houston City Council and Mayor Kathy Whitmire unanimously endorsed the bill Brooks in- troduced Tuesday. . The Clear Lake area and Houston have clashed in court for years over Clear Lake's attempt to break free of Houston and incorporate into a separate city. Houston annexed the area to 1977. Whitmire, who supports Clear Lake's wish to deannex, favors Brooks' bill as long as nothing Is added to it that would block that possibility, said her spokes- man, Paul Mabry. The bill now Is a rough draft and will be fine-tuned later, Brooks said. The bill will Include a clause that will "make it very clear this legislation will not in any way affect pending court suits regarding the deannexation and potential incorporation of Clear Lake City," a statement released from Brooks' office Tuesday said. THE FINISHED VERSION of the bill will Include another provision to avoid snarkeep the area under ththe e Clearissue. ke will Wa- ter Authority's jurisdiction from drop- ping below 10,000 acres — the minimum acreage required in an area attempting to deannex. Another concern about the proposal is that area residents 'may have to pay more taxes, Schweinle said. They al- ready are under "double taxation" by having to pay taxes to Houston and the water authority for water service. Schweinle said he fears the proposal could result in yet another tax•on the service. "I don't think they (Frlendswood) could do what they want to do without adding another layer of taxation, a tripli- cate taxation," he said. A new utility district would have to be created, and residents'would pay taxes on their water service to Houston, the Clear Lake Water Authority and the new utility authority, Schweinle said. Under the bill, even though the land would be removed from the water auth- ority's jurisdiction, residents still would pay taxes to the authority until the Clear Lake Water Authority's bond. Indebted-. ness was paid off. " ft thii F1 Is ARTICLE II, Page 7. (2.05 continued) shall receive for his services, a salary in an amount determined by the Council, not to exceed the sum of twenty- four hundred dollars ($2,400.00) per year for the Mayor, and twelve hundred.dollars ($1,200.00) per year for each Councilperson. 2.06 Original meeting of new Council On the first Monday next following the regular municipal election held on the first Saturday of April, or as soon thereafter as practicable, City Council shall meet at the usual place for holding meetings, and the newly -elected members shall qualify and assume the duties of office. At such meeting Council shall select one of its members to serve as mayor pro tem, who 'shall serve for a one (1) year term and until his successor is appointed and has qualified. 2.07 Meetings a. Frequency. City Council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once-each.month.. All meetings of Council• shall be'open to the public; special meetings shall be called by -the City Secretary upon request of the Mayor or three (3) Councilpersons. b. Rules. City Council shall determine its own rules and order of business. c. Journal. City Council shall keep a journal of its proceedings. Such journal shall be open to public inspection. ARTICLE II, Page 8. 2.08 Duties of Mayor The Mayor shall preside at meetings of Council and shall be entitled to vote upon all matters it considers. The Mayor shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him by this charter and the ordinances of the City. He shall be recognized as the head of the city government for all ceremonial purposes, by the courts for civil • process and by the government for purposes of military law. In times of public danger or emergency the Mayor shall take command of the police, maintain order and enforce the law. If a vacancy occurs in the office of Mayor or in the case of his absence or disability, the mayor pro tem shall act as Mayor until a successor is elected and has qualified or until the Mayor is again able to assume his duties of of f ice. f • 2.09 Powers of Council u All powers of the City and the determination of all matters of policy shall be vested in City Council. Council shall execute the laws and administer the government of the City. Without limitation of the foregoing and among the other powers that may be exercised by Council, the following are hereby enumerated for greater certainty: ARTICLE II, Page 9. (2.09 continued) a. Adopt budget of the City. b. Authorize the issuance of bonds by a bond ordinance. C. Inquire into the conduct of any office, department, agency, or officer of the City and make investigations as to municipal affairs; and for that purpose may. -subpoena witnesses, administer oaths, and compel the. -production of books, papers and other evidence. Failure to obey such • subpoena or to produce books, papers, or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine.. Council shall enact an ordinance to enforce this provision. d. Establish and appoint the members of the planning commission. e . Adopt Plats. f. Adopt and modify the official map of the City. g. Adopt, modify, and carry out plans proposed by • the planning commission for the clearance of slum districts and rehabilitation of blighted areas. h. Adopt, modify and carry out plans proposed by the planning commission for the replanning, improvement and redevelopment of neighborhoods and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster. ARTICLE II, Page 10 (2.09 continued) i. Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings calculated to increase the fire • hazard and the manner of their removal or destruction. j. Approve assessment rolls as returned to it by the board of equalization and adopt same as the assessment rolls to be used for the collection of taxes for the current year. k. Control and distribute.all contingent appropria- tions. Expenditures from a contingent appropriation shall require prior approval of Council. A contingent appro- priation shall be disbursed only by transfer to a depart- mental appropriation, the spending of which shall be charged to the department or activity for which the appro- priation is made. ARTICLE II, Page 11. 2.10 Additional discretionary powers In addition to the above powers and without limitation of such, City Council shall have the power to, and may at its discretion, do any or all of the following: a. Public library. Council shall have the authority to establish and maintain a free public library within the City and to cooperate with any person, firm, association or corporation under such terms as Council may prescribe for the establishment of such free public library. For budget purposes, the library shall be considered as a department of the City and the appropriations therefor shall comply with all the budgetary requirements as outlined in this charter and as may be prescribed from time to time by Council. b. Hospital 1. Operation. The City shall have the authority • to acquire, establish and own, either by purchase, donations, bequest or otherwise all property that may be useful -or necessary for the purpose of establishing and maintaining a municipal hospital. Upon establishment of such hospital, Council shall create a hospital board with membership and compen- sation deemed appropriate by Council, which shall operate the hospital subject only to such direction and supervision as shall be contained in any ordinance or ordinances enacted by Council. ARTICLE II, Page 12. (2.10 continued) 2. Finances. All funds belonging to said hospital, whether classed as funds received in course of operation, or otherwise, shall be kept in a separate hospital fund to be used only for the operation and maintenance of said hospital, except that such funds may be used by the City for general operating pur- poses with the express consent of the hospital board. • The hospital board shall submit a quarterly operating statement to Council, and an annual audit to coincide with the fiscal year of the City. C. Zoning 1.' Power. For the purposes of promoting the health, safety, morals or general welfare of the City, Council may by ordinance regulate the location, height, bulk and size of buildings and other struc- • tures, the size of yards, courts and other open spaces, the density of population and the uses of buildings, structures and land for trade, industry, business, residence and other purposes. 2. Procedure. Should Council enact regulation under Subsection 1, above, it shall establish a Zoning Commission and may establish a Zoning Board of Adjustment. ARTICLE II, Page 13. (2.10 continued) (a) Zoning .Commission. (1) The Zoning Commission shall recommend to Council the location of zoning districts and restrictions therein, and shall hold public meetings on such recommendations. (2) Commission members shall receive such, compensation as Council may deem appropriate. • (3) Council may combine the duties of said Commission with the duties of the planning commission, as provided in Section 2.09e-j, to form a Planning and Zoning Commission. (b) Zoning Board of Adjustment. (1) The Zoning Board of Adjustment may, in appropriate cases and subject to appropriate conditions and'safeguards, make special excep-. tions to the terms of a zoning ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained. (2) Board members shall receive such compen- sation as Council may deem appropriate. ARTICLE II, Page 13h. (2.10 continued) 3. Generally. All of the powers granted by Revised Civil Statutes of Texas, Articles 1011a to 1011j, inclusive, relating to zoning in cities, are hereby adopted and made a part of this charter. d. Housing authority. Council may create a housing authority of such number, terms and compensation of members as Council may determine and may delegate to the housing E ARTICLE II, Page 14. (2.10 continued) authority such powers relating to the planning, construc- tion, reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as Council may determine. 2.11 Ordinances a. Passage 1. Procedure. Every ordinance shall be intro- duced in written or printed form, and, upon passa e g shall take effect at the time indicated therein; provided that'any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten (10) days from the date of its passage.* The City Secretary shall give a notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of ARTICLE II, Page 15. (2.11 continued) the provisions thereof, by causing the caption or title, including the penalty, of any such ordinance to be published in -the official newspaper in the City at least once within ten (10) days of its passage according to the provisions of Revised Civil Statutes Article 1013. He shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the charter, and the date of such publication, and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and modifica- tion of the ordinances of the City for publication in book or pamphlet form. Except as otherwise • provided in Article VII of this charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or con- sidered at more than one session of City Council. Every ordinance shall be authenticated by the sig- nature of the Mayor. and City Secretary and shall be systematically recorded in an ordinance book in a ARTICLE II, Page 16. (2.11 continued) manner approved by Council. It shall only be necessary to record the caption or title of ordinances in the minutes of journal of Council meetings. 2. Codifications. Council shall have power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as Council deems advisable. Such printed code, when adopted by Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a news- paper and shall be admitted in evidence in all courts and places without further proof. b. Additional ordinances. In addition to such acts of Council as are required by statute or by this charter to • be by ordinance, every act of Council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. c. Enacting clause. The enacting clause of all ordi- nances shall be, "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE." ARTICLE III - ADMINISTRATION 3.01 City Manager a. Appointment and qualifications b. Term and salary c. Duties d. Provisions for absence 3.02 Administrative departments a. Creation b. Consolidation c. Directors d. Divisions 3.03 City Secretary 3.04 Municipal Court a. Establishment ' b. Municipal Judge c. Alternate Municipal Judge • d. Court clerk e. Costs and fines 3.05 City Attorney ARTICLE III ADMINISTRATION 3.01 City Manager a. Appointment and qualifications. City Council shall appoint a City Manager, who shall be chosensolely on the basis of his executive and administrative training, exper- ience and ability. No member of City Council shall, during the term for which he is elected and for one year there- after, be appointed City Manager. b. Term and salary. The City Manager may be appointed and removed at the will and pleasure of City Council by a vote of the majority of the entire City Council. The action of City Council in suspending or removing the City Manager shall be final, it being the intention of this charter to vest all authority and fix all responsibility of such action in City Council. Council shall set a salary for the City Manager as it deems appropriate. • C. Duties. Except as provided elsewhere•in this charter, the City Manager shall.be the chief executive officer and head of the administrative branch of the city government. He shall be responsible to the• Council for the proper admin- istration of all affairs of the City and to that end he shall have power and be required to: 1. Devote all his working time and attention to the affairs of the City. 2. Appoint and, when necessary for the good of the City, remove all City officers and employees except • ARTICLE III, Page 2. (3.01 continued) those for which this charter provides otherwise. He may authorize the head of a department to appoint and remove subordinates in such department. 3. Prepare the budget annually, submit it to Council and be responsible for its administration after adoption. 4. Prepare and submit to Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. S. Keep Council advised of the financial condition and future needs of the City and make such recom- mendations as may seem to him desirable. 6. Perform such other duties as may be prescribed by this charter or required of him by the Council, not inconsistent with this charter. d. Provi'sions for absence. Within thirty (30) days. after taking office, the City Manager shall designate by letter filed with the City Secretary a qualified adminis- trative officer of the City to perform his duties during his temporary absence or disability. Upon receipt of said letter, the City Secretary shall advise Council of its ARTICLE III, Page 3. (3.01 continued). contents. Said letter shall be in force and effect for the duration of the City Manager's employ or until he files another such letter. 3.02 Administrative departments a. Creation. There are hereby created the following administrative departments: finance, police, fire, law, public works, health, parks and recreation, and water and 0 sewer. Council may by ordinance create or abolish offices, departments, or agencies other than the offices, depart- ments, or agencies established by this charter. b. Consolidation. Council may consolidate or redesig- nate any of the offices, departments and agencies. c. Directors. The City Manager shall appoint a director to supervise and control each department. When necessary • for the good of the City, the City Manager may remove any such director. Such director shall be an officer of the City and shall have supervision and control of his depart- ment, subject to the supervision of the City Manager. Two (2) or more departments may be headed by the same individual, and directors of departments may also serve as chiefs of divisions. The City Manager may head one or more depart- ments. ARTICLE III, Page 4. (3.02 continued) d. Divisions. The work of each administrative depart- ment may be distributed among such divisions thereof as may be established by ordinance or this charter. 3.03 City Secretary With the advice and consent of City Council, the City Manager shall appoint a competent person to be secretary of the City. The City Secretary shall: a. give notice of council meetings. b. authenticate by his signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions. c. perform such other duties as may be assigned to him by Council or elsewhere in this charter. 3.04 Municipal Court a. Establishment. There shall be established and maintained a Municipal Court with all powers and duties as are now, or may hereafter be, prescribed by the laws of the State of Texas for municipal courts. b. Municipal judge. City'Council shall appoint a competent attorney, duly licensed by the State of Texas, to be judge of the Municipal Court. He shall serve at the pleasure of Council and shall receive compensation as may be fixed by Council. ARTICLE III, Page 5. (3.04 continued) C. Alternate Municipal judge. Council shall have the power to create and appoint additional judges as provided by law. d. Court Clerk. 'Subject to the approval of the Muni- cipal Judge, the City Manager shall appoint a Municipal Court clerk and deputy clerks. Said clerk or clerks shall have the power to administer oaths and affidavits, make certificates, affix the seal of said Court thereto and generally do and perform any and all acts usual and necessary by clerks of court in conducting the business thereof. e. Costs and fines. All costs and fines imposed by the Municipal Court, or any court in cases appealed from its judgments, shall be paid into the City treasury for the use and benefit of the City. 3.05 City Attorney • City Council shall appoint a competent attorney, duly licensed by the State of Texas, to be City Attorney and head of the department of law. He shall be appointed and removed at the will and pleasure of Council by a majority vote of the entire Council, and shall receive compensation as may be fixed by Council. ARTICLE III, Page 6. (3.05 continued) The City Attorney, or other attorneys selected by him with the approval of Council, shall represent the City in all litigation. He shall be the legal advisor of, and attorney and counsel for, the City and all offices and departments thereof. ARTICLE IV - BUDGET 4.01 Preparation and submission of budget a. Contents of budget b. Attachments to budget 1. Budget message 2. Supporting schedules 3. Comparison tables (a) Anticipated revenues (b) Proposed expenditures c. Balanced budget 4.02 Availability of proposed budget 4.03 Budget adoption a. Publication of notice of public hearing b. Public hearing c. Vote required for adoption d. Adoption 4.04 Public record a. Filed b. Availability 4.05 Effect of approved budget 4.06 Fiscal year defined ARTICLE IV BUDGET 4.01 Preparation and submission of budget At least forty-five (45) days prior to the beginning of each fiscal year, the City Manager shall submit to Council a proposed budget with required attachments. For such purpose, at such date as he shall determine, he shall obtain from the head of each office, department or agency estimates of revenue and expenditures of that office, department, or agency detailed by organization units and character and object of expenditure; and such other support- ing data as he may request. In preparing the budget, the City Manager shall review the estimates, may hold hearings thereon and may revise the estimates, as he may deem advisable. a. Contents of budget. The budget shall provide a complete financial plan for the fiscal year. It shall contain the following; 1. A consolidated statement of receipts and expenditures for -all funds. 2. An analysis of property valuations. 3. An analysis of tax rate. 4. Tax levies and tax collections by years for at least ten (10) years or for a number of years for which records are available. ARTICLE IV, Page 2. (4.01 continued) 5. A detailed listing of the resources of each fund. 6. A summary of proposed expenditures within such funds by department, function and classifi- cation. 7. A revenue and expense statement for all out- standing bonded debt. 8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, maturity dates, and amount outstanding. 9. The appropriation ordinance. 10. The tax levying ordinance. 0• ARTICLE IV, Page 3. (4.01 continued) b. Attachments to budget 1. Budget message. The City Manager shall prepare a budget message which shall be submitted with the budget. It shall contain an outline of the pro- posed financial policies of the City for the fiscal year and describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous years in expenditures and revenue items and shall explain any major changes in financial policy. 2. Supporting schedules. Attached to the budget shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital outlays as the City Manager shall believe useful to Council. ARTICLE IV, Page 4. (4.01 continued) 3. Comparison tables. The City Manager may prepare tables in which various items may be compared with those,of previous years and shall attach such to the budget. (a) Anticipated revenues. In parallel columns opposite the several items of revenue there shall be placed the actual amount of such item 0 for the first six (6) months of the current year, the budgeted amount for the current fis- cal year, and the proposed amount for the - ensuing fiscal year. (b) ' Proposed expenditures. The proposed expenditures for' -the administration, operation, maintenance and capital outlay of each office, department or agency of the City shall be • itemized by character and object. In parallel column opposite the various items of expendi- tures there shall be placed the actual amount of such items of expenditures for the last completed fiscal year, the estimated amount for the current fiscal year and the proposed amount for the ensuing fiscal year. c. Balanced budget. The total estimated expenditures of the general fund and debt service fund'shall not exceed ARTICLE IV, Page 5. (4.01 continued) the total estimated resources of each fund (prospective income plus cash on hand). The classification of revenue and expenditure 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 nationally accepted classification. 4.02 Availability of proposed budget The proposed budget and all attachments shall be a public record in the office of the City Secretary, open to public inspection. The City'Manager shall cause sufficient copies of such to be prepared for distribution to interested persons. 4.03 Budget adoption a. Publication of notice of public hearing. At the meeting of City Council at which the budget and attachments • are submitted, Council shall determine the place and time of the public hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7).days after date of publication, at which Council will hold a public hearing. b. Public hearing. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, City Council shall hold a ARTICLE IV, Page 6. (4.03 continued) public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof. c. Vote required for adoption. The budget shall be adopted by the favorable votes of at least a majority of all members of the whole Council. d. Adoption. The budget shall be finally adopted not later than the last day of the fiscal year. Should Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by Council. Upon final adoption, the budget shall be in effect for the fiscal year. 4.04 Public record a. Filed. A copy of the budget as finally adopted • shall be filed with the City Secretary. b. Availability. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of offices, departments and agencies, and for the use of interested persons and civic organizations. 4.05 Effect of approved budget From the effective date of the budget, ARTICLE IV, Page 7. (4.05 continued) a. The several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. b. The amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the City, in the corresponding tax year. 4.06 Fiscal year defined The fiscal year of city government shall begin on the first day of October and end on the last day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year. • ARTICLE V - FINANCE ADMINISTRATION 5.01 Division of taxation a. Property subject to tax, method of assessment b. Board of Equalization 1. Membership 2. Compensation 3. Powers and duties 4. Records • S. Public hearing and notice to owner c. Payment of taxes 1. When due and payable 2. Tax liens 5.02 Purchase procedure 5.03 Alterations in contracts ' 5.04 Fees shall be paid,to City 5.05 Borrowing a. Negotiable notes b. Capital improvements 1. Power and authority to incur indebtedness 2.- Referendum on bond ordinance 3. Public sale of all bonds 5.06 Disbursement of funds 5.07 Independent audit 5.08 Appropriations lapse at end of year nnmrnr.V v FINANCE ADMINISTRATION 5.01 Division of taxation There shall be established in the Department of Finance a division of taxation, the head of which shall be the City Tax Assessor -Collector. a. Property subject to tax; method of assessment. All real and personal property within the City not expressly exempted by law shall be subject to annual taxation at its • true market value. Each person, partnership and corporation owning property within the limits of the City shall between the first day of January and the thirty-first day of March of each year, hand to the Tax Assessor -Collector a full and complete sworn inventory of the property possessed or controlled by him, her or them within said limits on the first day of January of the current year. In all cases of failure to • obtain a statement of real and personal property from any cause, the Tax Assessor -Collector shall ascertain the amount and value of such property and assess the same as he believes to be true and full value thereof; and such assessment shall be as valid and binding as if such property had been rendered by the owner thereof. b. Board of Equalization 1. Membership. City Council shall each year prior to the first day of March appoint three (3) residents ARTICLE V, Page 2 (5.01 continued) who are qualified voters as the Board of Equalization. Such board shall choose from its membership a chair- person. A majority of said board shall constitute a quorum for the transaction of business. The Tax Assessor -Collector shall be ex officio secretary of the board. 2. Compensation. Members of the board while serving shall receive such compensation as Council may deem appropriate. 3. Powers and duties. In order that all property within the City shall be assessed as uniformly as possible, the Board of Equalization shall have the power and duty to: (a) Adopt regulations regarding the procedure of assessment review. • (b) Review, on complaint of property owners, assessments for the purpose of taxation of both real and personal property within the City made by the Assessor -Collector. (c) Examine and, if necessary, revise the assessments returned by the Tax Assessor -Collector and as previously set by the Board. ATTICLE V, Page 3. (5.01 continued) (d) Administer oaths, take testimony, hold hearings and compel the production of all books, documents, and other papers pertinent to the investigations 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) Certify its approval of the assessment rolls and have them returned to the Tax Assessor -Collector, immediately upon completion of the Board's work. 4. Records. The Board shall be required to keep an accurate record of all its proceedings, which record shall be available for public inspection. 5. Public hearing and notice to owner. At the • same meeting that City Council appoints the Board of Equalization, it shall by ordinance fix the time of the•first meeting of the Board which shall be on the tenth day of May, or as soon thereafter as practicable. After such first meeting, the Board may reconvene and adjourn from time to time, and as long thereafter as may be necessary, it shall hear and determine the complaint of any person in relation ARTICLE V, Page 4. (5.01 continued) to the assessment roll. Whenever said Board shall find it their duty to raise the value of any property appearing on the lists or books of the 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) nor 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 such property or to the person rendering same of the time to which said Board has adjourned, and that such owner or person rendering said property may at that time appear and show cause why the value of said property should not be raised. Such notice may be served by depositing the same, properly addressed, • and postage paid, in the city post office. c. Payment of taxes 1. 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 following the year for which the tax was levied, ARTICLE V, Page 5. (5.01 continued) and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest -as City Council may provide by ordinance. 2. Tax liens. The tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon the property upon which tax is due, which lien, charge, or encumbrance the City is entitled to enforce and foreclose in any court having jurisdic- tion over the same, and the lien, charge and encum- brance on the property in favor of the City, for the amount of taxes due on such property is such as to give the state --courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against non-residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, which lien may be foreclosed in any court having jurisdiction. ARTICLE V, Page 6. (5.02 continued) 5.02 Purchase procedure All purchases made and contracts executed by the City shall be pursuant to a requisition from the head of the office, department or agency whose appropriation will be changed, and no contract or order shall be binding upon the City unless and until the City Manager or his designee approves the same and certifies that there is to the credit • of such office, department or agency a sufficient unencum- bered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be issued. Before the City makes any purchase or contract, opportunity shall be given for competition. Council may by ordinance confer upon the City Manager general authority to contract for expenditures without further approval of Council for budgeted • items not exceeding three thousand dollars ($3,000.00). All contracts for expenditures involving more than three thousand dollars ($3,000.00) must be expressly approved in advance by Council. All contracts or purchases involving more than three thousand dollars ($3,000.00) shall be let to the lowest bidder, considering quality, after there has been opportunity for competitive bidding as provided for by law or ordinance; provided that Council or the City ARTICLE V, Page 7. (5.02 continued) Manager, in such cases as he is authorized to contract for the City, shall have the right to reject any and all bids. Contracts for professional services for which bidding is prohibited by law shall not be let on competitive bids. 5.03 Alterations in nnntrartc Except in case of emergency, alterations in any • contract not to exceed twenty-five per cent (25%) of the total contract may be made when authorized by Council upon written recommendation of the City Manager; provided that such alteration is acceptable to the other party to the contract. When such recommended change is for an amount not more than Five Thousand Dollars ($5,000.00), Council may authorize the City Manager to approve such alterations. • 5.04 Fees shall be paid to City All fees for city services received by any officer or employee shall belong to the city government and shall be paid to -the department of finance at such times as required by the director of the -finance department. 5.05 Borrowing a. Negotiable notes. In any fiscal year, City Council may by resolution authorize borrowing by the issuance and sale of negotiable notes of the City which shall mature ARTICLE V, Page 8. (5.05 continued) and be payable not later than the end of the fiscal year in which the original notes have been issued. All such notes may be sold at not less than par and accrued interest at private sale by the director of the finance department without previous -advertisement, but such sale shall be authorized by Council. Such notes shall be in anticipation of either of the following: 40 1. Property taxes. Notes authorized in anticipa- tion of the collection of property taxes in a fiscal year shall be designated "tax anticipation note for the year to (stating the fiscal year). 2. Other revenues. Notes authorized in anticipation of the collection or receipt of other revenues shall be designated "special revenue note for the year if (stating the fiscal year). b. Capital improvements 1. Power and authority to incur indebtedness. The city shall have the power and authority, by ordinance duly adopted, to borrow money on the credit of the City for permanent public improvements and to issue its general obligation bonds, revenue bonds, refund- ing bonds, certificates of indebtedness, notes, warrants, or other forms of indebtedness pursuant to and in accordance with the present or herein- after adopted or amended general and special laws ARTICLE V, Page 9. (5.05 continued) of this state applicable to home rule cities, except as such power and authority is expressly limited or denied by this charter, or any amendments hereto. 2. Referendum on bond ordinance. Each bond ordi- nance passed pursuant to a purpose which has been authorized by majority vote of the voters of the City at an election shall not be subject to refer- endum. Each bond ordinance relating to bonds not authorized by the qualified voters of the City shall be subject to permissive referendum on peti- tion pursuant to the provision of Article VI of this charter, unless the bonds are authorized solely for a purpose made necessary as the result of fire, flood, or other disaster, or the bonds are to be issued to finance the improvement or extension of a municipally owned or operated utility or other public service enterprise. 3. Public sale of all bonds. No bonds issued under this charter shall be sold without first offering the same at public sale. Notice of such sale shall be given by publication at least once in a financial journal published in the State of Texas and by pub- lication at least once in the official newspaper of ARTICLE V. Page 10. (5.05 continued) the'City, both of*such publications to be made not less than ten (10) days prior to the date set for such sale. 5.06 Disbursement of funds All checks, vouchers or warrants for the withdrawal of funds from the city depository shall be executed in accord with the provisions of this charter and shall be signed by the City Manager or his deputy and counter- signed by a member of City Council. 5.07 Independent audit Prior to the end of each fiscal year, Council shall designate a practicing certified public accountant, who is licensed by the State of Texas, to make an independent • audit of accounts and other evidences of financial trans- actions of the city government and shall submit a report to Council. Notice shall be given by publication in the official newspaper in the City that the annual audit is on file at the city hall for inspection. Such accountant ARTICLE V, Page 11. (5.07 continued) shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. They shall not maintain any accounts or -records of the city business, but, within specifications approved by Council, shall post audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city govern- ment. 5.08 Appropriations lapse at end of year All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. ARTICLE VI - Initiative, Referendum and Recall 6.01 Power of initiative 6.02 Power of referendum 6.03 Procedure for initiative or referendum petition a. Form of petition 1. Text 2. Signatures 3. Circulators 4. Affidavit b. Submission of petition 1. Filing 2. Examination 3. Certification (a) Procedure (b) Effect c. Amendment of petition d. Refiling not prejudiced 6.04 Consideration of referendum or initiative by Council a. Referendum b. Initiative 6.05 Election on referendum or initiative a. Submission to electors b. Form of ballot c. Results 6.06 Amendment of initiative or referendum ordinances 6.07 Power of recall 6.08 Procedure for recall petition a. Affidavit b. Petition blanks c. Return of petition 6.09 Recall election a. Submission b. Ballots c. Results 6.10 District judge may order election ARTICLE VI INITIATIVE, REFERENDUM AND RECALL 6.01 Power of initiative. The electors shall have the power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power known as the initiative. 6.02 Power of referendum The electors shall have power to approve or reject at • the polls any ordinance passed by Council, or submitted by Council to a vote of the electors, except as provided in Section 5.05, such power being known as the referendum. Ordinances submitted to Council by initiative petition and passed by Council without change shall be subject to the referendum'in the same manner as the other ordinances. 6.03 Procedure for initiative or referendum petition a. Form of petition 1. Text. Initiative petition papers shall contain the full text of the proposed ordinance. 2. Signatures (a) The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof ARTICLE VI, Page 2. (6.03 continued) as provided by this section. Each signer of any petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the place. (b) The petition shall be signed by qualified • electors of the City equal in number to at least fifty per cent (50%) of the number of votes cast in the last regular municipal election. 3. Circulators. There shall appear on each petition the names and addresses of five (5) electors, who, as circulators, shall be regarded as responsible for the circulation and filing of the petition. 4. Affidavit. Attached to each separate petition Spaper there shall be an affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his presence, and that he believes them to be genuine signatures of the persons whose names they purport to be. ARTICLE VI, Page 3. (6.03 continued) b. Submission of petition 1. Filing. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the City Secretary as one instrument. 2. Examination. Within twenty (20) days after a petition is filed, the City Secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The City Secretary shall declare 'any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the • number of signatures certified by the circulator, the last signatures in excess of the number certi- fied shall be.disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures present shall be accepted unless void on other grounds. ARTICLE VI, Page 4. (6.03 continued) 3. Certification (a) Procedure. After completing his examina- tion of the.petition, the City Secretary shall certify the result thereof to City Council at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify the circulators of his findings. (b) Effect. When a referendum petition, or amended petition has been certified as suffi- cient by the City Secretary, the ordinance specified in the'petition shall not go into effect, or•further action thereunder shall be suspended if it shall have gone into effect, . until and unless approved by the electors, as hereinafter provided. c. Amendment of petition. An initiative or referendum petition may be amended at any'time within ten (10) days after the notification of insufficiency has been sent by the City Secretary, by filing a supplementary petition upon. additional papers signed and filed as provided in case of an original petition. The City Secretary shall, within ARTICLE VI, Page 5. (6.03 continued) five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the circulators of his findings and no further action shall be had on such insufficient petition. d. Refiling not prejudiced. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. 6.04 Consideration of referendum or initiative by Council Whenever City Council receives a certified initiative or referendum petition from the City Secretary, it shall proceed at once to consider 'such petition and shall take final action on it within sixty (60) days after the date on which it was submitted to 'Council. a. Initiative. A proposed initiative ordinance shall be read and provision made for a public hearing on such before the time set for final action. b. Referendum. A referred ordinance shall be con- sidered by Council and its final vote upon such reconsider- ation shall be upon the question,* "Shall the ordinance in the referendum petition be repealed?" ARTICLE VI, Page 6. 6.05 Election on referendum or initiative a. Submission to electors. If Council shall fail to pass an ordinance proposed by initiative petition or shall pass it in a form different from that set forth in the petition therefor, or if Council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors on the next election day as established by the laws of the State of Texas. Council may, in its.discretion, and if no regular election is to be held on such day shall, provide for a special election. b. Form of ballot. Ordinances submitted to vote of electors in accordance with this Article shall be sub- mitted by ballot title, which shall be prepared in all cases by the City Attorney. 'The ballot title may be'dif- ferent from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without iargument or prejudice, descriptive of the substance of such ordinance. Below the ballot title shall appear the following propositions, one preceding the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same " election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. ARTICLE VI, Page 7. (6.05 continued) c. Results. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the City. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the 0 greatest number of affirmative votes shall prevail to the extent of such conflict: 6.06 Amendment of initiative or referendum ordinances Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by Council, as in the case of other ordinances. 6.07 Power of recall The Mayor or any Councilperson may be removed from • office by recall. No recall petition shall be filed against the Mayor or a Councilperson within six (6) months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6) months after such election. 6.08 Procedure for recall petition a. Affidavit. Any elector of the City may make and file with the City Secretary an affidavit containing the ARTICLE VI, Page 8. (6.08 continued) name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. b. Petition blanks. Upon receipt of said affidavit, the City Secretary shall deliver to said elector copies of petition blanks demanding such removal. The City Secretary shall keep a sufficient number of printed petition blanks on hand for distribution. Such blanks 0 when issued shall: 1. Be signed by the City Secretary. 2. Be addressed to City Council. 3. Be numbered and dated. 4. Indicate the name of the person to whom issued. 5. Indicate the name of the officer whose removal is sought.. • 6. Indicate the number of such blanks issued. iThe City Secretary shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number issued to said person. c. ' Return of petition. petition must: To be effective, the recall 1. Be signed by qualified electors of the City equal in number to at least fifty per cent (.50%) of those who were qualified voters and voted on 1 f ARTICLE VI, Page 9. (6.08 continued) t , the date of the last regular municipal election, and'at least one-half of the qualified voters constituting such fifty per cent (50%) signing the petition shall make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is sought, in the election at which he was last elected. 2. Be returned and filed with the City Secretary within thirty (30) days after the filing of the affidavit required in Section 6.08a. 6.09 Recall election a. Submission. The City Secretary shall at once examine the recall petition and if he finds it sufficient and in compliance with•the provisions of this Article, he shall within five (5) days submit it to City Council with his certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice Council shall thereupon order and fix a date for holding a -recall election. Any such election shall be held at the next election day as established by the laws of the State of Texas. ARTICLE VI, Page 10.� (6.09 continued) b. Ballots. Ballots used at recall elections shall conform to the following requirements: 1. With respect to each person whose removal is sought the,question shall be submitted "Shall (name of person) be removed from the office of (name of office) by recall?" 2. Immediately below each such question there shall be printed the two (2) following proposi- tions, one above the other, in the order indicated: "For the recall of (name of person)" "Against the recall of (name of person)". c. Results. If a majority of the votes cast at a recall election shall be*against the recall of the officer named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes at such an election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as in other vacancies. ARTICLE VI, Page 11. 6.10 District judge may order election Should City Council fail or refuse to order any of the elections as provided for in this article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this article of the charter, then it shall be the duty of any one of the district judges of Harris County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the charter. n U ARTICLE VII - FRANCHISES AND PUBLIC UTILITIES 7.01 Enfranchisement a. Power of Council b. Extensions C. Other conditions 7.02 Regulation a. Right of regulation b. Regulation of rates and service 7.03 Franchise records 7.04 Accounts of municipally owned utilities 7.05 Franchise value disallowed 7.06 Consent of property owners • ARTICLE VII FRANCHISES AND PUBLIC UTILITIES 7.01 Enfranchisement a. Power of Council. City Council shall have power by ordinance to grant, amend, renew and extend all franchises of all public utilities of every character operating within the City. All ordinances granting, amending, renewing, or extending franchises for public utilities shall not be finally passed until thirty (30) days after the first read- ing; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the notice and caption of such ordinance, noting the place where the full text may be examined by the public, shall be published once each week for four (4) consecutive weeks in the official newspaper of the City, and the expense of such publication to be borne by the proponent of the fran- chise. No public utility franchise shall be transferable except with the approval of Council expressed by ordinance. b. Extensions. All extensions of public utilities within the city limits shall become a part of the aggregate property of the public utilities, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be termi- nable as provided in Section 7.02a. In case of an extension ARTICLE VII, Page 2. (7.01 continued) of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. c. other conditions. All franchises heretofore granted are recognized as contracts between the City and the grantee, and the contractual right as contained in any such franchises shall not be impaired by the provisions of this charter, except that the power of the City to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general power of the City heretofore existing and herein provided for to regulate the rates and services of the grantee which shall include the right to require proper and adequate extension of -plant and service and the maintenance of the plant and fixtures at the highest reasonable standard • of efficiency. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this article whether or not such terms are specifically mentioned in the franchise. When the City chooses to exercise its power of eminent domain to acquire any public utility, the procedure to be used in such acquisition shall be as set forth in Revised Civil Statutes of Texas, Articles 3264-3271, inclusive. ARTICLE VII, Page 23�. (7.01 continued) In valuing the property, the measure of damages shall be the fair market value of the physical properties taken together as one system. This power shall be in addition to and cumulative of any other powers of acquisition granted to or reserved by the City in a franchise ordi- nance. Prior to the purchase of any existing franchised • utility system, either according to the terms of the franchise or by eminent domain, City Council shall submit the question of purchase to the voters of the City, and such must be approved by a majority of those voting. Nothing in this charter shall operate to limit in any way, as specifically stated,* -the discretion of Council or the electors of the City in imposing terms and conditions as may be reasonable in connection with any franchise grant. • ARTICLE VII, Page 3. 7.02 Regulation a. Right of regulation. All grants, renewals, exten- sions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject' to the right of the.City: 1. To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. 2. To require an adgquate extension of plant and service, and the maintenance of the plant and fix- tures at the highest reasonable standard of efficiency. 3. To establish reasonable standards of service and quality of'products and prevent unjust dis- crimination in service of rates. • 4. To prescribe the form of accounts kept by such utility. If the franchise does not prescribe the form of accounts kept by a utility, then it shall keep its accounts in accordance with the utility system of accounts for said utility prescribed by the appropriate State and Federal utility regulatory agencies. ARTICLE VII, Page 4. (7.02 continued) 5. To examine and audit the accounts and other records of any such utility at any time and to require annual and other reports, including reports on local operations by each such public utility. 6. To impose such reasonable regulations and restrictions as may be deemed desirable or condu- cive to the safety, welfare, and accommodation of . the public. 7. To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. b. Regulation of rates and service. Council shall have full power, after due notice,and hearing, to regulate by ordinance the rates and service of every public utility operating within the City. Such power shall be subject to • the exercise of power in each area of each utility by the appropriate agencies of state and federal government. 7.03 Franchise records Within six (6) months after this charter takes effect every public utility and every owner of a public utility franchise shall file with the City, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the City. The City shall compile and maintain a public record of public utility franchises. ARTICLE VII, Page 5. 7.04 Accounts of municipality owned utilities Accounts shall be kept for each public utility owned or operated by the City, in such manner as to show the true and complete financial results of such city ownership and opera- tion, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation, reserve, other reserves, and surplus, also revenues, operating expenses, including depreciation, interest payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the City.of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department.- City Council shall annually cause to be made by a licensed certified public accountant and shall publish a report showing the financial results of such city ownership and operation, giving the information speci- fied in this section or such data as Council shall deem expedient; in accordance with section 5.08. 7.05 Franchise value disallowed The value of the franchise granted by the City shall not be included in fixing reasonable rates and charges for utility service within the City or in determining the just compensa- tion to be paid by the City for public utility property which may be acquired by eminent domain or otherwise. ARTICLE VII, Page 6. 7.06 Consent of property owners The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of Any public utility; but nothing in this charter or in any franchise granted thereunder shall be construed to deprive any such property owner of any rights of action for damage or injury to his property as now . or hereafter provided by law. • • ARTICLE VIII GENERAL PROVISIONS 8.01 Publicity of records 8.02 Employees and officers a. Personal financial interest b. Employment interest c. Nepotism d. Bonds e. Oath of office f. Discharge g. Injuries; insurance h. Pensions 8.03 Assignment, execution and garnishment of City property 8.04 City not required to give security or execute bond 8.05 Effect of this charter on existing law 8.06 Amending this charter 8.07 Severability clause • 8.08 References to laws 8.09 Approval of this charter 8.10 Provisions for transition ARTICLE VIII GENERAL PROVISIONS 8.01 Publicity of records All records and accounts of every office, department or agency of the City shall be open to inspection by any person, any representative of a citizen's organization or any representative -of the press during normal business hours, as provided in the Texas Open Records Act, Revised Civil Statutes Article 6252-17a. 8.02 Employers and officers a. Personal financial interest. No member of City Council or any officer or employee of the City shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract, or in the sale to the City, or to a contractor supplying the City, of any lands or rights of interests in any land, material, supplies, or service. Any wilful violation of this section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby forfeit his office or position. Any viola- tion of this section with the knowledge expressed or implied of the person or corporation contracting with the City shall render the contract voidable by Council. ARTICLE VIII, Page 2. (8.02 continued) b. Employment interest. No one who has been elected to City office shall be employed in a non -elective office by the City within the term -for which he was elected or for one (1) year thereafter. C. Nepotism. No person related, within the second degree by affinity or within the third degree by consan- guinity, to the Mayor or any Councilperson or to the City Manager shall be employed or appointed to any office, position or clerkship of the City. This prohibition shall not apply, however, to any person who shall have been employed for two (2) years or more by the City at the time of the election or appointment of the officer to whom he is related. d. Bonds. Council shall require bonds of all municipal officers and employees who receive or pay out any monies • of the City. The amount of such bonds shall be determined by Council and the cost thereof borne by the City. Council shall set the bond amount for the City Manager and the Director.of Finance at an amount not less than Ten Thousand Dollars ($10,000.00). e. Oath of office 1. Elected officers. Every elected officer of the City shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the City Secretary: ARTICLE VIII, Page 2k (8.02 continued) "I, , do solemnly swear (or affirm), that I will faith- fully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States • and of this state and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a'reward for the giving or with- holding a vote at the election at which I was elected. So help me God." • 2. Appointed officers. Every appointed officer of the City shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the City Secretary: ARTICLE VIII, Page 3_ (8.02 continued) , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the City of La Porte, State of Texas, and will to the best of my ability preserve, protect and defend the consti- tution and laws of the United States and of this state and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly or indirectly paid, offered, or promised to contribute any money, or valuable thing, or promised any public office of employment, as a reward to secure my appointment or the con- firmation thereof. So help me God." f. Discharge. Council shall be authorized to discharge • at any time, with or without a hearing, as Council may elect, any officer, employee or clerk which it appoints. The City Manager -shall be authorized to discharge at any time, -with or without a hearing, as the City Manager may elect, any officer, employee or clerk which he appoints. g Injuries.; insurance. City Council shall have authority to provide the rules and regulations for maintain- ing employees when injured and disabled while performing their duties, and it may provide for such plan of insurance as it deems proper. ARTICLE VIII, Page 4. (8.02 continued) h. Pensions. City Council may establish a pension plan for any employee who has been employed by the City for twenty (20) years and who shall have reached the age of fifty-five (55),.or may adopt in lieu thereof any pension system available to cities under state law. The amount of said pension shall be graded and proportioned to the average • salary received by the employee during the whole period of his employment. All those falling under the head of employees in this charter and who are employed by the City when the same takes effect shall be entitled to a credit for the years of service heretofore served. Provided however that any payment under this provision shall never constitute a waiver or stop the City from asserting any defenses it might have'under section 1.06. 8.03 Assignment, execution and garnishment of City property • The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the City,'in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or seques- tration; nor shall the City be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the City nor ARTICLE VIII, Page 5. (8.03 continued) any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The City shall not be obligated 'to recognize any assignment of wages or funds by its employees, agents, or contractors. 8.04 City not required to give security or execute bond It shall not be necessary in any action, suit or pro- ceeding in which the City is a party, for any bond, under- taking or security to be demanded or executed by or on behalf of said City in any court, but in all such actions, suits, appeals or proceedings same shall be conducted in the same manner, as if such bond, undertaking or security had been given as required by law, and said City shall be as liable as if security of bond had been duly executed. 8.05 Effect of this charter on existing law All ordinances, resolutions, rules and regulations now • in force under the city government of the City and not in conflict with the provisions of this charter shall remain in force under this charter until altered, amended or repealed by City Council after this charter takes effect; and all rights of the City under existing franchises and contracts are preserved in full force and effect to the City, and any unissued bonds and revenue bonds, or install- ments thereof, heretofore authorized at an election held ARTICLE VIII, Page 6. (8.05 continued) in said City shall not be affected by the adoption of this charter, but the right to sell, issue, and deliver same, in whole or in part, in keeping with the provisions of the laws under which they were voted is hereby expressly reserved. 8.06 Amending thi. s . charter • a. Amendments may be proposed and submitted to the electors of the City by ordinance passed by a majority vote of the full membership of• City Council or by a petition signed by qualified voters of the City in number not less than five per cent, (5%) thereof or 20,000 signatures, whichever is less. Such petition shall in all other respects conform to the provisions of Article VI. When a properly drawn petition has been duly filed, • Council shall provide by ordinance for submitting such proposed amendments to a vote of the electors at an election to be held not less than thirty (30) days nor more than ninety (90) days after the passage of said ordinance. If the next regular municipal election is to be held during ARTICLE VIII, Page 7. (8.06 continued) said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special election shall be called for the purpose. Notice of the election shall be given by publication thereof in the official news- paper on the same day in each of two (2) successive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. 40 The form of such notice shall be as prescribed by this charter, including a substantial copy of the proposed amendment or amendments. Each amendment submitted shall contain only one subject and shall be printed separately on the ballot, each pro- posed amendment being followed by designations for the voter to vote for the amendment or against the amendment. Each proposed amendment,'if approved by the majority 0 of the qualified voters voting at said election, shall become a part of the charter. The City Secretary shall enter notice into the -records of the City declaring the same adopted. b. This section is subject to the provisions of Revised Civil Statutes of Texas Annotated, Article 1170, and Election Code Article 2.01 et secs. ARTICLE VIII, Page 8. 8.07 Severability clause If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably con- nected in meaning and effect with the section or part of section to which such holding shall directly apply. 8.08 References to laws All references within this charter to laws of the State of Texas or of the'United States are to be construed as meaning such laws as now or hereafter amended or superseded. 8.09 Approval of this charter a. Copies to electors. In'not less than thirty (30) • days prior to the election provided in subsection b, the City Commission shall cause the City Clerk to mail a copy of this charter to each.qualified voter of the City, as listed on the current voter registration list. b. Submission of charter to electors. The charter committee in preparing this comprehensive charter amendment finds and decides that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the charter is so constructed that in ARTICLE VIII, Page 9. (8.09 continued) order to enable it to work and function it is necessary that the comprehensive amendment be adopted in its entirety. For these reasons the charter committee directs that said amended charter be voted upon as a whole and that it shall be sub- mitted to the qualified voters of the City at an election to be held for that purpose on the 9th day of August, 1980. The form of ballot to be used in such election shall be as follows: FOR THE ADOPTION OF THE AMENDED CHARTER. AGAINST THE ADOPTION OF THE AMENDED CHARTER. c. Results of vote for adoption. If a majority of the qualified electors voting in such election shall vote in favor of the adoption of the charter, and after the returns have been canvassed, the City Clerk shall file an official copy of the charter with the records of the City. The City Commission shall at its next meeting declare this charter adopted. The Clerk shall furnish the Mayor a copy of said charter, which copy of the charter so adopted, authenticated and certified by his signature and the seal of the City, shall be forwarded by the Mayor to the Secretary of State of the State of Texas and shall show the approval of such charter by majority vote of the qualified voters voting at such election. ARTICLE VIII, Page 10. 8.10 Provisions for transition a. Tenure of officers during transition. From and after the date of the adoption of this charter and until the completion of the first election under this charter to be held on the first Saturday in April, 1981, and 'the quali- fication of the Councilpersons therein elected, the present qualified and acting commissioners and mayor shall consti- tute City Council. Such City Council shall possess all the .10 powers provided by this charter. After said election and until the election to be held on the first Saturday in April, 1982, and the qualification of the Councilpersons and Mayor therein elected, the present qualified and acting Commissioner --position 2 shall serve as Councilperson-at-large--Position A; the present qualified and acting Commissioner --position 4 shall serve as Council - person -at -large --Position B; and the present qualified and 0 acting mayor shall serve as Mayor. These Councilpersons and Mayor, along with the Councilpersons elected and quali- fied as provided in subsection b, below, shall, for the duration of.their terms of office, compose City Council and shall possess all the powers provided by this charter. b. Original election of Mayor and Councilpersons. Councilpersons representing districts shall be elected at the election to be held on the first Saturday in April, 1981, for terms of office as follows: ARTICLE VIII, Page 11 (8.10 continued) Councilperson--District 1, three (3) year term Councilperson--District 2, one (1) year term Councilperson--District 3, one (1) year term Councilperson--District 4, two (2) year term Councilperson--District 5, two (2) year term Councilperson--District 6, three (3) year term w4W.% Councilpersons-at-large and the Mayor shall be elected at the election to be held on the first Saturday in April, 1982, for terms of offices as follows: Councilperson-at-large--Position A, one (1) year term Councilperson=at-large--Position B, two (2) year term Mayor, three (3) year term•. Following these terms of office, all Councilpersons and the Mayor shall be elected to three (3) year terms, accord- ing to the provisions of Article II of this charter. G�-&War"W96-W Law and Ordinance Codification POST OFFICE BOX 2235 1700 CAPITAL CIRCLE S.W. TALLAHASSEE, FLORIDA 32316.2235 TELEPHONE (904) 576.3171 Toll Free Numbers: 1-800-342-CODE (Florida only) ` 1-800.262-CODE May 28, 1987 15 6' Ms. Cherie Black City Secretary City of La Porte Post Office Box 1115 La Porte, Texas 77571 Dear Ms. Black: Thank you for your letter of May 20, 1987, and the enclosed material to be considered for inclusion in Supplement No. 16 to the La Porte Code. Please advise us of the adoption date for Ordinance No. 1533. Pursuant to your request, we are pleased to submit an estimate of cost for the publication of Supplement No. 16. We estimate that the Supplement will constitute approximately 96 pages. At the city's current Supplement rate of $13.25 per page for 50 copies, the cost for the Supplement will be approximately $1,272.00 (96 pages at $13.25). Please keep in mind that the above figures are approximations only. It is virtually impossible to determine the exact number of pages any given manuscript will constitute until it is actually set in type. It is our pleasure to be of service to the City of La Porte in the upkeep of its Code. We look forward to receiving authorization to proceed with the publication of Supplement No. 16. With best wishes, Si rely, Robert Laslie Vice President - Supplement RLL: be Nation's Leading Law Publisher Specializing in Ordinance Codification .Serving over 2,000 local governments in 47 states ,5 I, PURCHASE REQUISITION N° 1309 ACCOUNT CHARGED TO: 0-'(O��' �00 — oZ Il DATE NEEDED: _ Apo CONTRACT NO. �¢.. TO BE USED FOR: ABAd� ���ii A./ ('JuA& SUGGESTED VENDORS: REQUEST QUOTATION ONLY ❑ CONFIRMING ❑ YES ONO ITEM COMPLETE DESCRIPTION PURCHASING USE ONLY , ee,. )cL 3a.3/4 U CHECKED STOCK ❑ BID PURCHASE ACCOUNT g U/M QUAN. UNIT PRICE EXTENDED PRICE D0 3a0 31014,00 31 f • 00 /DO ?o, as � 0 io,-Vbdv DATE `� ' %' a'S' )ATE S CONFIRMING ❑ YES ❑ NO White: Purchasing Canary: Originator A&Tno from e9Cacry f07 PURCHASE REQUISITION No 1308 ACCOUNT CHARGED TO: 00 % — Io00 —I!o00 --2/L DATE NEEDED: CONTRACT NO. TO BE USED FOR: SUGGESTED VENDORS: REQUEST QUOTATION ONLY ❑ CONFIRMING ❑ YES ONO PURCHASING USE ONLY !3/6 - — CHECKED STOCK ❑ BID PURCHASE ❑ UNIT EXTENDED QUAN. PRICE PRICE SD af3 iva DATE 7 d S P DATE CONFIRMING ❑ YES ❑ NO White: Purchasing Canarv: Oriainator Law and Ordinance Codification POST OFFICE HOB 2235 TALI.ABABRE, FLORIDA 32816 April 23, 1985 Ms. Cherie Black City Secretary City of LaPorte Post Office Box 1115 LaPorte, Texas 77571 Dear Ms. B lack : 1700 CAPITAL CIRCLE S. W. TELEPHONE (904) 576.3171 Toll Free Numbers: 14IMS42-CODE (Rorida only) 1.800-262-CODE Pursuant to your telephone conversation with Mrs. Butler today, we have placed your order for fifty (5.0) additional copies of the LaPorte Code, ,as updated through Supplement No. 15, fifty (50) black, .expandable binders to house "the. Code, and 100 additional copies of the City' s Charter in reprint pamphlet format. The entire Code consists of approximately 540 pages and the Charter alone consists of approximately 70 pages. The estimated costs for reprinting additional copies of the Code and Charter are as follows: 50 copies of the Code - approximately 540 pages at $4..70 .per page . . . . . . . . . . . $2,538.00 50 expandable binders - $10...50 .each.. . . . . . . . . . . . $525.00 100 copies of the Charter - approximately 70 pages at $5.20per page . . . . . . . . . . . . . . . $ 36 4.00 100 paper covers - with appropriate. stamping and .fasteners . . . . . . . . . . . . . . . . . $ 70 .00 You may expect receipt .of. the. above. withim approximately thirty (30 ) days. Please advise 'the number of copies of .future supplements to be published so that all existing copies of the Code, .as well as the new copies , . can be kept up-to-date..' We appreciate the opportunity. to be of service to the City in the upkeep of its Code and request that you feel free to call upon us if we may be of further assistance.. With best wishes, Q U + + + + S' erely, o000 o 0 0 0 Ro ert L. Z1il M N C- Vice President .- Supplements Nation's Leading Law Publisher Specializing in Ordinance Codification N RLL : db Serving over 1,800 local governments in 47 states 0 0 M T___ W144 1�. =/-,;x POBP OFFICE BOX 2=5 TAI.I.AHASM. FLORIDA M16 Ms. Cherie Black City Secretary City of LaPorte Post Office Box 1115 LaPorte, Texas 77571 Dear Ms. Black: Law and Ordinance Codification 1' T. April 23, 1985 T 1• 1• 004 CA 2, 538 - 00 + 525.00 + 364.00 + 70.00 + 31 497 • 00 Pursuant to your telephone conversation with Mrs. Butler today, we have placed your order for fifty (50) additional copies of the LaPorte Code, as updated through Supplement No. 15, fifty (50) black, expandable binders to house the. Code, and 100 .additional copies of the City' s Charter in reprint pamphlet format. The entire Code consists of approximately 540 pages and the Charter alone consists of approximately 70 pages. The estimated costs for reprinting additional copies of the Code and Charter are as follows: 50 copies of the Code - approximately 540 pages at $4.70.per page . . . . . . . . . . . $2,538.003 50 expandable binders - $10...50 .each.. . . . . . . . . . . . $525.00 100 copies of the 'Charter - approximately 70 pages at $5.20 per page... . . . . . . . . . . . . . . $364.00 100 paper covers - with..appr9Pri.ate. stamping and fasteners . . . . . . . . . . . . . . . . . $ 70.00 You may expect receipt .of. the. above. *within approximately thirty .(30) days. Please advise the number of copies of future supplements to be published so that all existing copies of the Code, as well as the new copies, can be kept up-to-date.. We appreciate the opportunity to be of service 'to the City in the upkeep of its Code and request. that you feel free to call upon us if we may be of further assistance.. With best wishes, S ' ere lyf, r6 Ro ert L. Las ie Vice President - SupP lenienis RECEIVED f' - p_ �;- S� CITY MGR'S OFFICE Nation's Leading Law Publisher Specializing in Ordinance Codification RLL : db Serving over 1,800 local governments in 47 states i ca 000 0. � 5 22 + 001 5 • 22 525.00 + 3.64 + 0.07 + 003 528 • 71 %� I 003 0• # I 525.00 + 364 • 00 + 70.00 + j 003 959.00 G,&tw Law and Ordinance Codification POST OFFICE BOX 2235 1700 CAPITAL CIRCLE S. W. TALLAHASSEE, FLORIDA 32116 TELEPHONE (904) 576-3171 Toll Free Numbers: 1.100-342-CODE (Florida only) March 6, 1985 1-800-262-CODE Ms. Cherie Black City Secretary City of LaPorte Post Office Box 1115 La Porte,__.Texas 77571 .. Dear Ms. Black: In accordance with the city's semiannual publication schedule, it is now time to prepare the next Supplement to the La Porte Code. We would like to take this opportunity to request that you forward copies of all pertinent legislation enacted subsequent to Ordinance No. 1410, so that it may be considered for inclusion in Supplement No. 16. It is our desire to provide the city with an up-to-date Code of Ordinances and we look forward to receiving material for inclusion in the next Supplement in the near future. With best wishes, Sin erely, i Robert L. Laslie Vice President - Supplements RLL:sr Nation's Leading Law Publisher Specializing in Ordinance Codification Serving over 1,800 local governments in 47 states MUNICIPAL CODE CORPORATION C P. O. Box 2235 TALLAHASSEE, FLORIDA 32304 Ms. Cherie Black City Secretary City of LaPorte Post Office Box 1115 La Porte, Texas 77571 U &POS[AGE Q MAR-7.85 m 0 R ►� A 6Ic s� �. L ('.Ic PEA• PB.sfi72 ° 1< ; . T Leta and OkUnance CodYleation POST OFFICE BOX 2235 1700 CAPITAL CIRCLE S.W. TALLAHASSEE, FLORIDA 32316 TELEPHONE (904) 576.3171 Toll Free Numbers: April 30, 1985 1.800.342-CODE (Florida only) 1-800.262-CODE IMPORTANT ANNOUNCEMENT Effective July 1, 1985, the price for publishing the Supplements to your Code of Ordinances will increase One Dollar ($1.00) per page. This increase represents the first increase in over three years and represents less than 3% per year. Please be assured that we strive to hold our costs down and, at the same time, provide an efficient and invaluable service to the cities and counties under contract with us. Since your Code was published we have continued to implement improvements in our total services. Do not hesitate to inquire as to the additional services available to assure that your Code reflects the current ordinances and state laws. We would also welcome any comments or suggestions which will enab a us to meet your individual requirements. A— f George R President -- -- -- GRL/jks Nation's Leading Law Publisher Specializing in Ordinance Codification Serving over 1,800 local governments in 47 states MUNICIPAL CODE CORPORATION C P. O. Box 2235 TALLAHASSEE, FLORIDA 32316-2235 ,• U.S.POS 1AGI. `Z MAY -2'85 � FL.'y^.22�". x I-ETER K P• B.ae�22a� x. Ms. Cherie Black City Secretary City of La Porte P. O. Box 1115 LaPorte, Texas 77571 1.111.11111till '.1111Ill 11111111111