HomeMy WebLinkAboutO-2013-3482 Canvassing Special 2013 ElectionORDINANCE NO. 2013-3482
AN ORDINANCE DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD IN THE
CITY OF LA PORTE ON MAY 11, 2013, ON PROPOSED AMENDMENTS TO THE LA PORTE,
TEXAS, HOME RULE CITY CHARTER; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING
CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte held a special election on the 116 day of May, 2013, on proposed
amendments to the La Porte, Texas, Home Rule Charter; and
WHEREAS, there were cast at said election for the following proposed amendments the number of
votes for and against opposite the respective proposition as shown in the official election returns heretofore
delivered by the Election Manager and officials to the Mayor and City Council of the City of La Porte and
submitted to the City Council:
Proposition One:
Shall references to obsolete provisions of state law found in Sections 1.03, 1.05, 2.10, 2.11, and 7.01, 8.01, and 8.06 of the La
Porte Charter be amended by referencing in their place the current state statute and/or law applicable to the charter section?
267 For _50 Against
Proposition Two:
Shall Section 1.03 of the La Porte Charter be amended to conform to rules and procedures relating to annexation of territory
into the La Porte city limits to the requirements of state law?
279_ For _45 Against
Proposition Three:
Shall Section 1.06 of the La Porte Charter be amended to extend from 30 days to 180 days the time a claimant alleging
damages or injury against the City has to provide written notice to the City of their claim?
267 For 59 Against
Proposition Four:
Shall Section 2.01 of the La Porte Charter be amended to clarify that the La Porte City Council is to determine the population
of the six City Council districts, and redraw the district boundaries to equalize their respective populations, only after the
publication of the federal census every ten (10) years?
271 For 52 Against
Proposition Five:
Shall Section 2.01 of the La Porte Charter be amended to clarify that in elections for City Council positions the candidates for
a runoff election are the two (2) individuals who receive the highest and second highest number of votes cast in the main
election, or tied for the highest number of votes cast?
292 For _35 Against
Proposition Six:
Shall Section 2.01 of the La Porte Charter be amended to clarify that in elections for City Council positions, determining the
date of a runoff election, and the resolution of a tie vote alter a runoff election, shall be handled in accordance with state law?
_289 For 33 Against
Proposition Seven:
Shall Sections 2.02 and 2.04 of the La Porte Charter be amended to provide that a candidate for mayor or a council position
shall have been a qualified voter of the City for twelve (12) months prior to the time the candidate files for office, and that a
candidate for a district council position shall have been a qualified voter of his or her district for twelve (12) months prior to
the time the candidate files for office?
304 For 25 Against
Proposition Eight:
Shall Section 2.03 of the La Porte Charter be amended to provide that the date for holding the annual regular election for city
council members, and the date for holding special elections, be established in accordance with state law?
288 For 35 Against
Proposition Nine:
Shall Section 2.04 of the La Porte Charter be amended to provide that when the mayor or a councilperson announces their
candidacy for another elected office, such announcement shall constitute an automatic resignation if the unexpired term of
their city office shall exceed one year and thirty days, in place of the current minimum of one year, to conform to the Texas
Constitution?
270 For 51 Against
Proposition Te:
Shall Section 2.04 of the La Porte Charter be amended to simplify the process of holding city elections, by clarifying that
applications for candidate positions be filed in accordance with state law, by repealing requirements that candidates for
mayor and council positions pay a filing fee, and by establishing that official ballots be prepared and election returns
canvassed in accordance with state law?
274_ For 49 Against
Proposition Eleven:
Shall Section 2.05 of the La Porte Charter be amended to increase the maximum annual compensation of the mayor to
$4,800.00 from $2,400.00, and to increase the maximum annual compensation of councilpersons to $2,400.00 from
$1,200.00?
189 For 141_ Against
PropositionTwelve:
Shall Section 2.06 of the La Porte Charter be amended to eliminate obsolete wording regarding dates for holding elections,
and to provide that the City Council will convene the first Monday after the canvassing of an election to seat and qualify
newly elected members of the City Council?
296 For 26 Against
z
Proposition Thirteen:
Shall Section 2,07 of the La Porte Charter be amended to provide that all meetings of the City Council be open to the public
except where allowed by state law and that all minutes of open meetings be recorded as a public record?
_293_ For 33 Against
Proposition Fourteen:
Shall Section 2.08 of the La Porte Charter be amended to update and clarify provisions related to the position of Mayor Pro
Tem?
280_ For _40 Against
Proposition Fifteen:
Shall Section 2.09 of the La Porte Charter be amended to add a clause providing that no member of the City Council
participate in the appointment or removal of officers or employees of the city, or compel the City Manager to take such
action?
262 For 57 Against
Proposition_Sixteen:
Shall Section 2.09 and 2.10 of the LaPorte Charter be amended to replace the term "zoning" with "planning and zoning" and
to change "Planning Commission" to "Planning and Zoning Commission" and to replace reference to the Board of
Equalization with the term "appraisal district"?
_273_ For 47 Against
Proposition_ Seventeen:
Shall Section 2.11 of the La Porte Charter be amended to specify that the captions of ordinances passed by City Council be
recorded in the official minutes of City Council meetings?
285 For 35 Against
Proposition, Eighteen:
Shall Section 3.02, 3.04 and 3.05 of the La Porte Charter be amended to modernize wording related to various administrative
departments and appointees, to include reference to the Planning Department, for collection of court costs by municipal court
and to clarify that city council may hire special legal counsel for individual cases, as needed?
268_ For 52 Against
Proposition Nineteen:
Shall Section 3.03 of the La Porte Charter be amended to provide that the City Secretary is appointed directly by the City
Council, and to further specify the role, responsibilities and method of compensation of the position?
_257_ For 63 Against
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Proposition Twenty:
Shall Section 4.01 of the La Porte Charter be amended to remove inapplicable and outdated provisions related to balanced
budget review by accounting boards and replace with current organizations?
_272 For 49 Against
Proposition Twenty-one:
Shall Section 4.03 of the La Porte Charter be amended by increasing from seven (7) to ten (10) the minimum number of days
that a notice of public hearing must be published before City Council is eligible to hold a public hearing on the proposed
annual fiscal year budget?
_293_ For 30_ Against
Proposition Twenty-two:
Shall Section 5.01 of the La Porte Charter be amended to conform the section to state law by updating wording related to
payment of taxes and imposition of tax liens, repealing outdated rules on tax rendition to the city, and all references to the
Board of Equalization?
270 For 48 Against
Proposition�Twenty-three:
Shall Section 5.02 of the La Porte Charter be amended by repealing obsolete sections related to procedures for municipal
purchasing, and to allow purchasing and bidding rules to conform to state law?
284_ For 38 Against
Proposition Twenty-four:
Shall Section 5.03 of the La Porte Charter be amended by replacing guidelines for approval of change orders and alterations
to city contracts with rules established in state law?
275 For 44 Against
Proposition Twenty-five:
Shall Section 5.05 of the La Porte Charter be amended by repealing obsolete sections governing referenda on bond issuance
ordinances and the public sale of bonds now controlled by state law?
_269_ For 50_ Against
Proposition Twenty - six:
Shall Section 5,07 of the La Porte Charter be amended by updating regulations related to the noticing and filing of the annual
independent audit of city accounts, to conform to state law?
_2.84 For _35 Against
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Proposition Twe=-seven:
Shall Sections 6.01, 6.02, 6.03, 6.05, 6.08 and 8.06 of the La Porte Charter be amended to replace references to the terms
"electors" and "qualified electors" with the term "qualified voters"?
_278_ For 41 Against
Proposition !!yn -eight:
Shall Section 8.02 of the La Porte Charter be amended by repealing outdated wording related to the taking of oaths of office
and instead provide that all elected and appointed officers of the City shall take the oath as provided in the Constitution of the
State of Texas?
_280_ For 37 Against
Proposition_ Twenty-nine:
Shall Section 8.02 of the La Porte Charter be amended by repealing outdated wording concerning employee pension plans?
_273_ For 47 Against
Proposition Thirty:
Shall Section 8.06 of the La Porte Charter be amended by requiring that the La Porte City Charter be subject to a mandatory
review every 10 years, and by eliminating procedures for holding elections on proposed charter amendments and replacing
with applicable state law?
272 For 49 Against
WHEREAS, because the votes cast for each of the above propositions exceeded the votes cast
against the same, the City Council, pursuant to its election Order and Section 9.005 of the Texas Local
Government Code, by this Ordinance enters its Order in the records of the City of La Porte declaring such
Charter amendments adopted;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF
LA PORTE:
Section 1. That the City Council of the City of La Porte, Texas, hereby finds that the
above -referenced recitals are true and correct.
Section 2. That said election was duly called and notice thereof given in accordance with law; that
said election was held in the manner required by law; that due returns of said election have been made by
the proper officers; that said returns have been canvassed by the City Council of the City of La Porte; that
said election has resulted in the passage of all thirty (30) amendments to the Horne Rule Charter of the City
of LaPorte, Texas.
Section 3. That the City of Council of the City of La Porte, based upon the results of the Charter
amendment election held on May 11, 2013, hereby enters an order in the records of the City of La Porte
declaring that the Charter Amendments enumerated hereinbelow in Sections 4 through 25 are adopted.
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Section 4. That pursuant to the Charter Amendment Election, Proposition One, Sections 1.03, 105,
2. 10, and 7.01.9 8.01, and 8.06 of the La Porte Charter are amended to read as follows:
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, 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 V.T.C.A., Local Government Code §§ 42.001 et seq.,
§§ 43.001 et seq. (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. City council shall hear the petition and any arguments for or
against it and shall accept or refuse the petition as council sees fit, as prescribed by state law. 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 V.T.C.A., Local Government
Code § 43.021 et seq. (Municipal Annexation Act).
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, Iease 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 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 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.
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 of condemnation for any municipal or
public purposes even though not specifically enumerated in this Charter.
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.
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(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 V.T.C.A., Transportation Code § 313.001,
et seq., 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 server 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 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 V.T.C.A., Health and Safety Code § 122.006; V.T.C.A., Local Government Code §§
26.021, 26,041, 43,021, 43.142, 51.072, 51.074-51.077, 54.004, 101.022, 101.023, 141.044, 211.003, 211.005, 211.013,
214.001, 214.013, 214.901, 215.072-215.075, 216.901, 217.042, 251.001, 341.003, 341.903, 342.011, 342.012, 401.002,
402.002, 402.017; V.T.C.A., Tax Code §§ 302.001, 302.002, 302,102; V.T.C.A., Transportation Code §§ 311.001, 311.004,
311.005, 311.007, 311.091--311.094, 311.904; and Vernods Ann. Civ. St. art. 1175.
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 may 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 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.
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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. Planning and 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.
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 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 2.09 e 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 appropriate
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 compensation as council may deem appropriate.
3. Generally. All of the powers granted by V.T.C.A., Local Government Code § 211.001 et seq., 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 authority such powers relating to the planning, construction;
reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as council
may determine.
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 state law. 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 VTI 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 systematically recorded in an ordinance book in a manner approved by council. It shall only be
necessary to record the caption or title of ordinances in the official minutes 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. Enacting clause, The enacting clause of all ordinances shall be 'BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE."
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 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 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 V.T,C.A., Property Code §§ 21.011 to 21.065, 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 qualified 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.
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 Public Information Act, V.T.C.A., Government Code § 552.001 et seq.
State law reference— Public records act, V.T.C.A., Government Code § 552.001 et seq.
8.06. - Amending this Charter.
a. This Charter shall be the subject of a mandatory review every ten (10) years. 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, 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 qualified voters at an election to be held in accordance with the Texas Election Code. 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 in accordance with
the Texas Election Code.
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 qualified 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 V.T.C.A., Local Government Code §§ 9.04 and 9.05, and V.T.C.A.,
Election Code § 41.001 et seq.
Section 5. That pursuant to the Charter Amendment Election, Proposition Two, Section 1.03 of the
La Porte Charter is amended to read as follows:
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, 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 V.T.C.A., Local Government Code §§ 42.001 et seq.,
§§ 43.001 et seq. (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. City council shall hear the petition and any arguments for or
against it and shall accept or refuse the petition as council sees fit, as prescribed by state law. 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 V.T.C.A., Local Government
Code § 43.021 et seq. (Municipal Annexation Act).
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Section 6. That pursuant to the Charter Amendment Election, Proposition Three, Section 1.06 of
the La Porte Charter is amended to read as follows:
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 one hundred eighty (180) 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
hercinabove 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.
State law reference— Tort claims, notice, V.T. C.A., Civil Practices and Remedies Code § 101.101.
Section 7. That pursuant to the Charter Amendment Election, Propositions Pour, Five and Six,
Section 2.01 of the La Porte Charter is amended to read as follows:
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 councilperson shall be
elected from each district by majority vote of the resident qualified 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 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.
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Following the publication of the decennial federal census, 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.
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. Candidates in a runoff election are the candidates who receive the highest and second highest number of votes in
the main election or who tie for the highest number of votes. In the event any candidate for any office fails to receive a
majority of votes cast for all the candidates for such office, the city council shall call a run-off election to be held in
accordance with state law. Tie votes shall be resolved in accordance with state law.
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.
Section S. That pursuant to the Charter Amendment Election, Proposition Seven, Sections 2.02 and
2.04, and Propositions Nine and Ten, Section 2.04, of the La Porte Charter are amended to read as follows:
2.02. - Qualifications.
a. Enumerated. The mayor and councilpersons shall have been qualified voters of the city for twelve (12) months 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 for the previous twelve (12) months 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.
2.04. - Vacancies in city council.
a. Candidacy elsewhere. If the mayor or any councilperson 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 and thirty (30) days, 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.
C. Filing for office. Each candidate for public office must:
1. Have been a resident of the City of La Porte for at least twelve (12) months immediately preceding filing for
office, and be a qualified voter in the city.
2. File sworn application with the city secretary in accordance with state law.
3. File for only one city office.
d. Official ballots. Official ballots shall be prepared in accordance with state law
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C. Canvassing elections. Election returns shall be canvassed in accordance with state law.
Section 7. That pursuant to the Charter Amendment Election, Proposition Eight, Section 2.03 of the
La Porte Charter is amended to read as follows:
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 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 a uniform
election date as determined by state law and as ordered by city council.
2. Special election. Council may by ordinance or resolution order a special election, fix the time for holding same
and provide necessary means in accordance with state law.
State law reference— Uniform election dates, V.T.C.A., Election Code § 41.001.
Section 8. That pursuant to the Charter Amendment Election, Proposition Eleven, Section 2.05 of
the La Porte Charter is amended to read as follows:
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 forty-eight hundred dollars ($4,800.00) per year for the mayor, and twenty-four hundred dollars
($2,400.00) per year for each councilperson.
Section 9. That pursuant to the Charter Amendment Election, Proposition Twelve, Section 2.06 of
the La Porte Charter is amended to read as follows:
2.06. -- First meeting of council after canvass.
On the first Monday next following the canvassing of an election, 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.
Section 10. That pursuant to the Charter Amendment Election, Proposition Thirteen, Section 2.07
of the La Porte Charter is amended to read as follows:
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 except as allowed by state law; 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.
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c. Minutes. Minutes of all open meetings of the council shall be recorded as a public record.
State law reference— Public meetings, V.T.C.A., Government Code § 551.001 et seq.
Section 11. That pursuant to the Charter Amendment Election, Proposition Fourteen, Section 2.08
of the La Porte Charter is amended to read as follows:
2.05. – Duties of Mayor and Mayor Pro Tem.
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.
A mayor pro tem shall be a council member and be elected by the council at the first meeting of council after canvassing the
general and any run-off election, who shall serve for a one-year term or until his successor is appointed and has qualified. 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.
Section 12. That pursuant to the Charter Amendment Election, Proposition Fifteen, Section 2.09,
and Proposition Sixteen, Section 2.09 and 2.1.0 of the La Porte Charter are amended to read as follows:
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 enumeratedfor 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 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 and zoning 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 and zoning commission for the clearance and
rehabilitation of blighted areas.
h. Adopt, modify and carry out plans proposed by the planning and zoning 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.
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.
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j. Approve assessment rolls as returned to it by the appraisal district 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.
1. Neither the Council nor any of its committees or members shall direct or request the appointment of any person
to, or his removal from, office by the City Manager or any of his subordinates; or, except as is or may be otherwise
provided under the terms of this Charter, in any manner take part in the appointment or removal of officers and
employees in the administrative service of the City. Except for the purpose of inquiry, the Council and its members
shall deal with the administrative service solely through the City Manager, and neither the Council nor any member
thereof shall give orders to any subordinate of the City Manager either publicly or privately.
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 may 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 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.
Planning and 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.
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 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.
OR
(3) Council may combine the duties of said commission with the duties of the planning
commission, as provided in section 2.09 e 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 appropriate
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 compensation as council may deem appropriate.
3. Generally. All of the powers granted by V.T.C.A., Local Government Code § 211.001 et seq., 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 authority such powers relating to the planning, construction,
reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as council.
may determine.
Section 13. That pursuant to the Charter Amendment Election, Proposition Seventeen, Section 2.11
of the La Porte Charter is amended to read as follows:
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 state law. 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 systematically recorded in an ordinance book in a manner approved by council. It shall only be
necessary to record the caption or title of ordinances in the official minutes 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."
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Section 14. That pursuant to the Charter Amendment Election, Proposition Eighteen, Sections 3.02,
3.04, and 3.05 of the La forte Charter are amended to read as follows:
3.02. - Administrative departments.
a. Creation. There are hereby created the following administrative departments: Finance, police, fire, Iaw, public works,
health, parks and recreation, planning, 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.
K Consolidation. 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.
I Divisions. The work of each administrative department may be distributed among divisions.
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.
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 andfines. All costs and fines imposed by the municipal court, or any court in cases appealed from its judgments,
less those designated for the State of Texas, shall be paid into the city treasury for the use and benefit of the city.
State law reference— Municipal court, V.T.C.A., Government Code § 29.001 et seq.
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,
provided that council may retain special counsel. He shall be the legal advisor of and attorney and counsel for, the city and all
offices and departments thereof.
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Section 15. That pursuant to the Charter Amendment Election., Proposition Nineteen, Section 3.03 of the
La Porte Charter is amended to read as follows:
3.03. - City secretary.
City council shall appoint a city secretary. The city secretary shall be provided space in the City Hall sufficient to maintain
the records entrusted to the care of the city secretary, and shall be entitled to a seat at the council table at all official meetings.
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. Be the custodian of all municipal records. Recommend to the council rules and regulations to be adopted by
ordinances to protect the safety and security of all municipal records.
d. Hold and maintain the City Seal and affix to all instruments requiring such seal.
e. Administer oaths in any matter pertaining to municipal affairs and in accordance with state law.
f. The council shall set the compensation of the city secretary.
g. Perform such other duties as may be assigned by council, state law or elsewhere in this Charter.
Section 16. That pursuant to the Charter Amendment Election, Proposition Twenty, Section 4.01 of
the La Porte Charter is amended to read as follows:
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 expenditures for all funds.
2. An analysis of property valuations.
3. An analysis of tax rate.
4. Tax Ievies 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 outstanding bonded debt.
8. A schedule of principal and interest on each issue of outstanding bonds showing rate of interest, maturity
dates and amount outstanding.
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9. The appropriation ordinance.
10. The tax -levying ordinance.
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 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 columns 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 fiscal year.
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 classification of revenue and expenditure
accounts shall conform to the uniform classification as promulgated by the Governmental Accounting Standards Board and
Generally Accepted Accounting Principles.
Section 17. That pursuant to the Charter Amendment Election, Proposition Twenty-one, Section
4.03 of the La Porte Charter is amended to read as follows:
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 ten (10) 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. hate 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.
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Section 18. That pursuant to the Charter Amendment Election, Proposition Twenty-two, Section
5.01 of the La Porte Charter is amended to read as follows:
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 on the first day of
January render an inventory of property possessed or controlled by him, her, or them to the appraisal district as
set forth in the Property Tax Code.
b. 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 15. 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 provided by the Texas Property Tax Code.
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 swne, and the lien, charge and encumbrance on the property in favor of the
city, for the amount of taxes, penalties and interest 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 taxes, penalties and interest 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, penalties and interest are due, which lien may be foreclosed in any court having jurisdiction.
Section 19. That pursuant to the Charter Amendment Election, Proposition Twenty-three, Section
5.02 of the La Porte Charter is amended to read as follows:
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 charged, and no contract or order shall be binding upon the city unless and
until the city manager 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 issued. All purchases made and contracts executed by the city shall be made in accordance with the
requirements of this charter and all applicable requirements of the Constitution and Statutes of the State of Texas. All
contracts for purchases or expenditures must be expressly approved in advance by the council, except that the council may by
ordinance confer upon the city manager, general authority to contract for expenditures without further approval of the council
for all budgeted items the cost of which does not exceed the constitutional and statutory requirements for competitive
bidding.
Section 20. That pursuant to the Charter Amendment Election, Proposition Twenty-four, Section
5.03 of the La Porte Charter is amended to read as follows:
5.03. - Alterations in contracts.
Procedures for making change orders or alterations in contracts shall be governed by the provisions established in V.T.C.A.
Texas Local Government Code for municipal purchasing.
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Section 21. That pursuant to the Charter Amendment Election, Proposition Twenty-five, Section
5.05 of the La Porte Charter is amended to read as follows:
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 I I " (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).
Capital improvements.
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 and authority is expressly limited or denied by this Charter, or any
amendments hereto.
Section 22. That pursuant to the Charter Amendment Election, Proposition Twenty-six, Section
5.07 of the La Porte Charter is amended to read as follows:
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 mare 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 in accordance with state law, if required. 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. The annual financial statement, including auditor's opinion on the statement, shall be filed in the office of the
municipal secretary within 180 days after the last day of the municipality's fiscal year. The finance statement is a public
record.
Section 23. That pursuant to the Charter Amendment Election, Proposition Twenty-seven, Sections
6.01, 6.02, 6.03, 6.05, 6.08, and 8.06 of the La Porte Charter are amended to read as follows:
6.01. - Power of initiative.
The qualified voters 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.
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6.02. - Power of referendum.
The qualified voters shall have power to approve or reject at the polls any ordinance passed by council, or submitted by
council to a vote of the qualified voters, 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 ofpetition.
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 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 voters of the city equal in number to at least fifty (50) percent 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) qualified voters, 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 ofpetition.
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 voters. 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 Iast 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.
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
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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.
6.05. - Election on referendum or initiative.
a. Submission to qualified voters. 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 qualified voters 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 paper
ballot used for voting thereon shall be for that purpose only.
C. Results. If a majority of the qualified voters 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.
6.08. - Procedure for recall petition.
a. Affidavit. Any qualified voter 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 qualified voter 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 qualified voter to whom the petition blanks
were issued and the number issued to said person.
c. Return ofpetition. To be effective, the recall petition must:
1. Be signed by qualified voters of the city equal in number to at least fifty (50) percent 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
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such fifty (50) percent 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 fling of the affidavit required in section
6.08a.
Section 24. That pursuant to the Charter Amendment Election, Propositions Twenty-eight and
Twenty-nine, Section 8.02 of the La Porte Charter is amended to read as follows:
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 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 (S 1.0,000.00).
e. Oath of office. Elected and appointed officers. All officers of the city shall, before entering upon the duties of their
respective offices, take and subscribe to the official oath prescribed in the Constitution of the State of Texas.
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 who 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.
Section 25. That pursuant to the Charter Amendment Election, Proposition Thirty, Section 8.06 of the
La Porte Charter is amended to read as follows:
8.06. - Amending this Charter.
a. This Charter shall be the subject of a mandatory review every ten (10) years. 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, whichever is less. Such petition shall in all other respects conform to the provisions of Article Vl.
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When a properly drawn petition has been duly filed, council shall provide by ordinance for submitting such proposed
amendments to a vote of the qualified voters at an election to be held in accordance with the Texas Election Code. 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 in accordance with
the Texas Election Code.
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 qualified 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 V.T.C.A., Local Government Code §§ 9.04 and 9.05, and V.T.C.A., Election
Code § 41.001 et seq.
Section 26. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision hereof shall
be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion,
or any part thereof, but the valid portion shall be in force just as if it had been passed alone.
Section 27. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict only.
Section 28. The City Council officially finds, determines, recites, and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place
convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been
open to the public as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
Section 29. This Ordinance shall be in effect immediately upon its passage and approval.
PASSED AND APPROVED this 14th day of May, 2013.
ATTEST:
-p
PatriceFogarty
City Secretary
9010 OW1
Cl T. As ms
Assistant City Attorney
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