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11-23-99-Ordinance-Adoption of a Home Rule Charter-11/15/1999ORDINANCE NO.11-23-99 CITY OF SANGER AN ORDINANCE OF THE CITY OF SANGER, TEXAS, DECLARING THE ADOPTION OF A HOME RULE CHARTER; REQUIRING THE MAYOR TO CERTIFY TO THE SECRETARY OF STATE AN AUTHENTICATED COPY OF THE CHARTER; RECORDING THE CHARTER IN THE OFFICE OF THE CITY SECRETARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sanger, Texas, appointed a Home Rule Charter Commissionto draft a proposed home rule charter forthe City of Sanger, and the Commission presented a proposed Home Rule Charter as required; and WHEREAS, the City Council called an election to consider adoption of the proposed Home Rule Charter; and WHEREAS, on November 2,1999, a special election was held in the City of Sanger to consider such proposed home rule charter; Now, Therefore, BE IT ORDAINED BY TIE: CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION 1. That the proposed Home Rule Charter for the City of Sanger, a true, correct and complete copy of which is attached to this ordnance as Exhibit "A" and is, by this reference, incorporated herein for all purposes, having been approved by the qualified voters voting at the election called for such purpose on November 2,1999, 95 voters having voted "for the adoption of the Charter" and 46 voters having voted "againstthe adoption ofthe Charter", such Charter is hereby declared adopted as the Home Rule Charter of the City of Sanger, Texas. SECTION 2. The order and declaration of the adoption of the Home Rule Charter set forth herein shall forthwith be entered into the records of the City Secretary of the City of Sanger. SECTION 3. That the Mayor shall certify to the Secretary of the State of Texas an authenticated copy of this Charter under the City's seal showing the approval by the voters of the city. SECTION 4. The City Secretary shall record in the City Secretary's Office the Home Rule Charter adopted by the voters of the City, either on microfilm or in a book kept for that purpose. SECTION 5. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by the City Council of the City of Sanger, Texas, on this 15 U' day of November, 1999. Rosalie Chavez APPROVED AS TO FORM: City Attorne Tommy ncaid, Mayor '1 Home Rule Charter Commission City of Sanger Dear Sanger Citizen: On behalf of the fifteen citizens who served on the Home Rule Charter Commission, I am very pleased to present you with the proposed Home Rule Charter for our City. As you know, a home rule charter is the local equivalent of the Constitution at the national level. It spells out the roles, functions, and limits of our City government and gives us a degree of independence In governing ourselves. While we must abide by the laws of the State of Texas and the U. S. government, the Charter gives us the freedom to make our own rules when these other jurisdictions are silent. This is what representative democracy at the local level is all about. The members of the Commission met over a four -month period to prepare the Charter. They worked very hard to come up with a document that spells out how the City of Sanger will be run as we enter a new century. We hope that you will study the Charter and then approve it during the special election on Tuesday, November 2, 1999 ( Early voting begins October 18" ). In order to help you fully understand the provisions of the Charter, we have scheduled Town Hall meetings on Tuesday, October 19t' and Thursday October 21', 1999, at 7:00 PM at the City Council Chambers at 201 Bolivar St. Members of the Home Rule Charter Commission will be present to discuss the provisions of the Charter and to answer your questions. We urge you to read it careful and then join us on October 19ffi or 21' if you have questions about the Charter. We must join together as citizens to ensure that our City is governed in a way that meets the needs of all of us. The Home Rule Charter is a big step in that direction. Your vote to approve the Charter is very important and will signify that you care about our City and that you are interested in making Sanger the best place to live in the North Texas region. If you have questions or need help, then feel free to call the members of the Commission. Their names are listed at the end of the Charter. Although they were not members of the Commission, the City of Sanger staff will also assist you in any way possible at 458-7930. Best Wishes, Nel Armstrong Chairman 201 BOLIVAR STREET SANGER, TEXAS 76266 940-458.7930 P.O. BOX 578 940.458.4180 FAX City of Sanger Home Rule Charter ABLE OF CONTENTS F-Al 0-4 •-1 in I rel• S:• On C4 Lm 0 4 SECTION 1.01 FORM OF GOVERNMENT 4 SECTION 1.02 BOUNDARIES AND LIMITS 4 A. Incorporation 4 B. Boundaries: 4 C. Annexation and Disannexation 4 R- - • • 5 SECTION 2.01 GENERAL 5 SECTION 2.02 PLANNING AND ZONING 6 SECTION 2.03 EMINENT DOMAIN 6 SECTION 2.04 GENERAL POWERS ADOPTED 6 •� 7 SECTION 3.01 NUMBER, SELECTION AND TERM 7 SECTION 3.02 MAYOR PRO-TEM 7 SECTION 3.03 COMPENSATION 7 SECTION 3.04 QUALIFICATIONS 7 SECTION 3.05 FORFEITURE AND VACANCIES 8 SECTION 3.06 HOLDING OTHER OFFICES 8 SECTION 3.07 QUORUM 8 SECTION 3.08 MEETINGS OF THE CITY COUNCIL 8 RTICLE IV ADMINISTRATIVE SERVICE 0 SECTION 4.01 CITY MANAGER 9 A. Duties, Appointment Qualifications, Compensation, And Removal 9 B. Direction And Supervision Of Employees, Non-interference By The City Council: Appointment And Removal of Department Heads 9 C. Specific Powers and Duties 9 SECTION 4.02 CITY SECRETARY 10 SECTION 4.03 POLICE DEPARTMENT 11 SECTION 4.04 MISCELLANEOUS DEPARTMENTS 11 SECTION 4.05 APPEALS BOARD 11 A. Appeals Board 11 B. Terminated Employee Appeal 12 C. Other Appeals 12 MUNICIPAL• - 12 SECTION 5.01 MUNICIPAL COURT 12 A. Judge of the Municipal Court 12 B. Clerk of the Municipal Court 12 C. Jurisdiction, Power, And Fines 12 D. Costs, Fines, And Penalties 13 •�'�� 13 Page 1 of 31 City of Sanger Home Rule Charter SECTION 6.01 APPOINTMENT SECTION 6.02 COMPENSATION SECTION 6.03 DUTIES RTICLE VII NOMINATIONS AND ELECTIONS 13 13 13 13 SECTION 7.01 CITY ELECTIONS 13 SECTION 7.02 FILING FOR OFFICE 14 SECTION 7.03 OFFICIAL BALLOTS 14 SECTION 7.04 VOTERS LIST 14 SECTION 7.05 WATCHERS, CHALLENGERS, AND CANVASSING 14 SECTION 7.06 RUN-OFF ELECTIONS 15 SECTION 7.07 OATH OF OFFICE 15 SECTION 7.08 EXCEPTION OF CODE 15 15 SECTION 8.01 GENERAL AUTHORITY 15 SECTION 8.02 PETITIONERS COMMITTEE 15 SECTION 8.03 FORM OF PETITION 16 SECTION 8.04 FILING OF PETITIONS 16 SECTION 8.05 RECALL 16 SECTION 8.06 FILING OF RECALL PETITIONS 16 SECTION 8.07 RECALL PUBLIC HEARING 17 SECTION 8.08 CALLING OF RECALL ELECTION 17 SECTION 8.09 CERTIFICATION OF PETITIONS 17 SECTION 8.10 ACTION ON INITIATIVE AND REFERENDUM PETITIONS 17 SECTION 8.11 WITHDRAWAL OF PETITIONS 18 A. Withdrawal of Initiative and Referendum Petitions 18 B. Withdrawal of Recall Petitions 18 SECTION 8.12 FORM OF BALLOTS 18 SECTION 8.13 RESULTS OF ELECTION 19 SECTION 8.14 FAILURE OF CITY COUNCIL 19 •- - 19 SECTION 9.01 FISCAL YEAR 20 SECTION 9.02 SUBMISSION OF BUDGET 20 SECTION 9.03 BUDGET CONTENT 20 SECTION 9.04 CITY COUNCIL ACTION 20 A. Public Notice and Hearing 20 B. Adoption of the Budget 21 C. Failure to Adopt 21 D. Errors or Defects 21 SECTION 9.05 AMENDING THE BUDGET 21 SECTION 9.06 CAPITAL PROGRAM 21 SECTION 9.07 PUBLIC RECORDS 21 SECTION 9.08 BORROWING 22 A. Right to Borrow 22 B. General Obligation Bonds 22 C. Revenue Bonds 22 SECTION 9.09 PURCHASING 22 SECTION 9.10 DEPOSITORY 23 SECTION 9.11 ADMINISTRATION OF BUDGET 23 SECTION 9.12 FINANCIAL REPORT 23 SECTION 9.13 INDEPENDENT AUDIT 23 Page 2 of 31 City of Sanger Home Rule Charter SECTION 10.01 AUTHORITY SECTION 10.02 QUALIFICATIONS SECTION 10.03 COMPENSATION SECTION 10.04 PLANNING AND ZONING COMMISSION A. Duties and Powers of the Commission B. Organization and Meetings of the Commission SECTION 10.05 BOARD OF ADJUSTMENT SECTION 10.06 MINUTES SECTION 11.01 SECTION 11.02 SECTION 11.03 SECTION 11.04 SECTION 11.05 SECTION 11.06 SECTION 11.07 SECTION 12.01 SECTION 12.02 SECTION 12.03 SECTION 12.04 SECTION 12.05 SECTION 12.06 SECTION 12.07 SECTION 12.08 SECTION 12.09 SECTION 12.10 SECTION 12.11 SECTION 12.12 SECTION 12.13 SECTION 12.14 SECTION 12.15 SECTION 12.16 23 23 24 24 24 24 24 25 25 25 POWERS OF THE CITY 25 POWER TO GRANT FRANCHISE 25 ORDINANCE GRANTING FRANCHISE 26 TRANSFER OF FRANCHISE 26 RIGHT OF REGULATION 26 CITY OWNED UTILITIES 26 INALIENABILITY OF CONTROL OF PUBLIC PROPERTY 26 27 EFFECT OF CHARTER ON EXISTING LAW 27 CONTINUATION OF PRESENT OFFICES 27 NEPOTISM 27 OFFICIAL NEWSPAPER 27 JUDICIAL NOTICE 28 CLAIMS FOR DAMAGE OR INJURY 28 PROPERTY NOT SUBJECT TO GARNISHMENT AND EXECUTION 28 CONFLICT OF INTEREST 28 PERSON INDEBTED TO THE CITY SHALL NOT HOLD OFFICE OR EMPLOYMENT PUBLIC MEETINGS AND RECORDS INDEMNIFICATION OF OFFICERS AMENDMENT OF CHARTER BOND OR SECURITY NOT REQUIRED SEVERABILITY CLAUSE MEANING OF WORDS TRANSITION PROVISIONS (ARTICLE XIII ADOPTION OF CHARTER SECTION 13.01 SUBMISSION AND ELECTION Page 3 of 31 29 29 29 29 29 30 30 30 Kill Kill City of Sanger Home Rule Charter Municipal government for the City of Sanger shall be a council - manager form of government. Except as otherwise provided by this Charter and the Constitution and laws of the State of Texas, all powers conferred on the City shall be exercised by a City Council to be composed of five (5) Councilmembers and a Mayor, elected by the qualified voters of the entire city, each for a term of two (2) years. la= _].ice i U o =-a�> si3 e A. INCORPORATION All inhabitants of the City of Sanger, Denton County, Texas, as the boundaries and limits of said city have heretofore been established and now exist or may hereafter be established shall constitute a municipal body politic incorporated under and known by the name 'The City of Sanger", with such powers, rights, duties, privileges, and immunities as are herein provided. B. BOUNDARIES The boundaries and limits of the City of Sanger shall be those as established and described in ordinances duly passed by the City Council in accordance with state law. The City Secretary shall at all times keep a correct and complete description and official map on file, with recent annexations or disannexations. C. ANNEXATION AND DISANNEXATION The City may from time to time alter its boundaries by annexing any territory adjacent to its present or future boundaries in any size or shape desired in any manner provided by state law. In addition thereto, the City may annex additional territory lying adjacent to the City with or without the consent of the territory and the inhabitants or property owners of a territory annexed where the same is not inconsistent with state law. Such annexations shall be accomplished by Ordinance providing for the alteration and extension of the boundary limits, which ordinance shall describe the territory to be annexed and shall be published one time in the official newspaper. Amendments reducing the area may be incorporated into the proposed Ordinance without the necessity of publishing said amendments and without the necessity of republication of said Ordinance as amended. The proposed ordinance shall not thereafter be finally acted upon until at least thirty (30) days have elapsed after the publication thereof; and upon the final passage of such ordinance, the boundaries of the City shall thereafter be as fixed in such ordinance. The additional territory annexed shall be a part of the City and the property situated therein shall bear its pro rata part of the taxes levied by the City as provided by state law. The inhabitants thereof shall be entitled to all the rights and privileges of all citizens and shall be bound by the Acts, Ordinances, and Resolutions of the City. The City may from time to time alter its boundaries by disannexing any territory adjoining its present or future boundaries by passage of an appropriate ordinance describing the temtory being disannexed. Page 4of31 City of Sanger Home Rule Charter ARTICLE II POWERS OF THE CITY The City of Sanger shall have all the powers granted to cities by the Constitution and laws of the State of Texas, together with all the implied powers necessary for the execution of all the powers granted. In the exercise of its powers, the City may: A. Design, adopt, and use a corporate seal; B. Contract and be contracted with; C. Sue and be sued, implead and be impleaded in all courts in all matters; D. Cooperate with the government of the State of Texas and any agency thereof, and any political subdivision of the State of Texas; E. Own, lease, and/or acquire property or a property interest, within or without its boundaries, for any municipal purpose, in fee simple or in any lesser estate of interest, by purchase, gift, devise, lease, or condemnation; F. Hold, sell, lease, manage, control, and police any property now owned by the City or which may be acquired by the City; G. Lease property owned by the City whether such property is located inside or outside the City, subject to the limitations herein provided; H. Construct, own, lease, operate, and regulate public utilities; Assess, levy, and collect taxes for the general and special purposes on all lawful subjects of taxation; J. Borrow money on the faith and credit of the City by the issuance of bonds, certificates of obligation, warrants, or notes of the City; K. Appropriate the money of the City for all lawful purposes; L. Regulate and control the use of streets and other public places; M. Provide suitable penalties for violations of City ordinances; N. Create ordinances to regulate the collection and disposal of solid and other wastes in a manner that protects the general health, safety, and welfare of the citizens and upholds state and federal laws; O. Exercise the authority, alone or with any governmental agency, or any nonprofit organization incorporated under the laws of the State of Texas to acquire, establish, and own all property that may be useful and necessary for the purpose of establishing and maintaining parks and recreational facilities as authorized by law, P. Plan and execute emergency administrative measures to be applied in time of natural disaster; Page 5 of 31 City of Sanger Home Rule Charter Q. Pass and enforce such ordinances as may be expedient for the protection and maintenance of good government, the peace and welfare of the City, the performance of the functions of the City, and the order and security of the residents of the City; R. Exercise all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever, except as prohibited by the Constitution and laws of the State of Texas and not in conflict with this Charter. The City shall have the power to adopt and enforce the following: A. A master plan to be used as a guide for the orderly growth and development of the City; B. Ordinances for the regulation of subdivisions and plats within the City and its extraterritorial jurisdictions; C. Ordinances to establish development performance standards and land use regulations in general within the City, and any valid additions thereto, or within any part thereof, in any manner that does not conflict with the Constitution or state laws; D. Ordinances to promote safe and reasonable building standards; E. Ordinances providing for the acquisition of lands within the City limits and within extraterritorial jurisdictions for public purposes, not including private development, and not in conflict with state laws; F. Ordinances to provide for capital improvements that improve the general health, safety, and welfare of citizens within the City limits and within the extraterritorial jurisdictions; G. A comprehensive zoning ordinance and map as authorized by Chapter 211 of the Texas Local Government Code; provided, that this Charter shall not affect the continuation of a valid non -conforming use or structure in the City, nor affect the non -conforming status of a use or structure which arose prior to the adoption of this Charter or annexation of the property into the City. The City shall have the full power, authority, and rights to exercise the power of eminent domain when necessary to cant' out any of the powers conferred upon it by this Charter, or by the Constitution and laws of the State of Texas. Neither the Council nor the City Administration shall participate in any endeavor for the purpose of exercising eminent domain on behalf of private development. MA 9 The enumeration of the particular powers of 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 powers of local self-government and all other powers that, under the Constitution and laws of the State of Texas, it would be competent for this Charter specifically to enumerate. Page 6 of 31 Ci y of Sanger Home Rule Charter RTICLE III THE CITY COUNCIL A. The legislative and governing body of the City shall consist of a Mayor and five Councilmembers who, collectively, shall be known as the "City Council of the City of Sanger, Texas". B. All members shall be elected to two-year, staggered terms. C. The Mayor shall: 1. Be elected at large; 2. Be presiding officer of the Council; 3. Vote only in cases of ties; 4. Recommend appointments to boards & commissions; 5. Represent the City in ceremonial functions. D. If the Mayor objects to an ordinance or resolution before the fourth day after it is adopted by the City Council, it must be reconsidered by the governing body, with entire Council present. A simple majority shall decide the issue. E. The Mayor and two (2) Councilmembers, Places 2 and 4, shall be elected in even - numbered years. Three (3) Councilmembers, Places 1, 3, and 5, shall be elected in odd -numbered years. F. Councilmembers shall be elected at large by Place by a plurality of votes in municipal elections. The Mayor Pro-Tem shall be a Councilmember elected by the City Council at the first regular meeting following either each regular city election or run-off election if such occurs. The Mayor Pro -Tern shall act as Mayor during the disability or absence of the Mayor and in this capacity shall have the rights conferred upon the Mayor. The Mayor and Councilmembers of the City of Sanger shall serve without pay or compensation, provided, however, that they shall be entitled to reimbursement of and for necessary expenses incurred in the performance of their official duties. Each candidate for an elective office shall meet the following qualifications: A. Be a qualified voter; B. Be 21 years of age or older on the first day of the term to be filled at the election or on the date of appointment, as applicable; Page 7 of 31 City of Sanger Home Rule Charter C. Must have resided in the State for twelve months and within the city limits for twelve months immediately preceding the date of the regular filing deadline for a candidate's application for a place on the ballot; D. Shall not be employed by the City; E. Shall meet all other eligibility requirements of the Texas Election Code. A. A Councilmember or the Mayor shall forfeit such office if at any time during a term of office he or she: 1. Lacks any qualification for the office as prescribed by this Charter or by state law, 2. Violates any express prohibition of this section or any other provision of this Charter; 3. Fails to attend three (3) consecutive regular Council meetings without being excused by the Council; or 4. Is convicted or placed on deferred adjudication for a crime involving turpitude. The Council shall be the final judge in matters involving forfeiture of office by a Councilmember or the Mayor. B. If one vacancy occurs on the Council, then the remaining members of the Council shall fill the vacancy by appointment until the next general municipal election. Any person appointed shall be qualified for the office as required by this Charter. C. If two or more simultaneous vacancies occur, then the remaining members of the Council shall call a special election to fill the vacancies for the unexpired terms. All vacancies filled by election shall be for the remainder of the unexpired term of the office so filled. Members of the Council shall not hold any other City office or be employed by the City during their terms of office. Former Mayors and Councilmembers may not be employed in compensated City positions for one (1) year from completion of their terms of office. 3� �i-i si: 6« At all meetings, four (4) of the six (6) City Councilmembers shall constitute a quorum for the purpose of transaction of business. The City Council shall hold at least two (2) regular meetings each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held on the call of the Mayor or a majority of the City Councilmembers. Page 8 c( 31 City of Sanger Home Rule Charter A. DUTIES, APPOINTMENT, QUALIFICATIONS, COMPENSATION, AND REMOVAL The City Manager shall be the chief administrative and executive officer of the City. 2. The City Manager is employed by and serves at the will of the Council. 3. The City Manager shall be employed based on administrative knowledge, skills, and abilities. 4. The City Manager shall administer the business of the City and the Council shall ensure that such administration is efficient and effective. 5. The Council may by ordinance delegate to the City Manager any additional powers or duties it considers proper for the administration of City affairs. 6. The Council may enter into a contract of employment with the City Manager and prescribe such compensation therein as it may fix. 7. The action of the 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 for such suspension or removal in the Council. B. DIRECTION AND SUPERVISION OF EMPLOYEES, NON-INTERFERENCE BY THE CITY COUNCIL, APPOINTMENT AND REMOVAL OF DEPARTMENT HEADS. 1. Except for the purposes of inquiries and investigations as provided by this Charter or otherwise by law, the Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, either publicly or privately. 2. Neither the Council nor any of its members shall direct or request the appointment of any person to, or removal from, office by the City Manager or by any other City employee. 3. The City Manager shall be responsible for and have the authority to appoint, suspend, and/or remove any of the directors of the departments of the City, after notification to the Council. C. SPECIFIC POWERS AND DUTIES The City Manager shall be responsible to the Council for the proper administration of the affairs of the City and shall have the power and duty to: 1. Be responsible for the administration of all City affairs; Page 9 of 31 City of Sanger Home Rule Charter 2. Appoint, hire, suspend, and/or remove employees not otherwise provided for in this Charter. Appointments shall be made on the basis of executive and administrative experience, agility, training fitness, and efficiency of such appointees in the work they are to administer; 3. Ensure that all the laws and ordinances are enforced; 4. Prepare and recommend items for inclusion in the official agenda of all Council meetings and meetings of the boards and commissions as established by this Charter or ordinance; 5. Prepare and submit to the Council the annual budget and capital program, and administer the budget as adopted by the Council; 6. Ensure that all terms and conditions in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed; 7. Keep the Council at all times fully advised as to the financial condition and needs of the City. Prepare and submit to the Council periodic reports on the finances and activities of the City, including the report of the annual audit required by state law, 8. Recommend to the Council for adoption such measures as may be deemed necessary or expedient; to execute deeds of trust, easements, releases, contracts, and all other legal instruments on behalf of the City Men authorized by ordinance or resolution of the Council; 9. Attend all City Council meetings, unless excused by the Council and has the right to take part in discussions, but may not vote; 10. Ensure that all public records are accessible to the public and available upon request; 11. Implement annual performance reviews for all employees of the City. The City Manager shall appoint or remove the City Secretary, subject to the approval of the City Council. The duties of the City Secretary, or an Assistant City Secretary shall be as follows: A. Give notice of the City Council and Board meetings; B. Attend all meetings of the Council and keep accurate records of all actions taken by the Council; C. Maintain the official records and files of the City; D. Administer oaths required by law, E. Attest contracts, assessment certificates, ordinances, resolutions, and other legal instruments when executed by the authorized officers of the City; Page 10 of 31 City of Sanger Home Rule Charter F. Hold and maintain the City seal and affix it to all appropriate documents as required; G. Perform such other duties as may be required by the City Manager, this Charter, or the laws of the State of Texas; H. Serve as election officer for all City elections. A. The Chief of Police shall be appointed by the City Manager, subject to approval of the City Council, for an indefinite term. The Chief of Police shall be fully responsible to the City Manager for the administration of the department. The Chief of Police shall, with the approval of the City Manager, appoint and remove the employees of said department and cant' out enforcement of the resolutions and ordinances of the City Council. The Chief of Police shall be chosen upon the basis of administrative training, experience, and ability in the law enforcement field. The Chief of Police must be of good reputation, both past and present, and hold an advanced certificate issued by the Texas Commission of Law Enforcement Officers Standards and Education. The Chief of Police shall establish and maintain written standard operating procedures including, but not limited to, disciplinary procedures, general order, department policy, job description, and dress code. This information shall be made accessible to the public where permitted by law. B. No person, except as authorized by law, by this Charter or by ordinances passed pursuant hereto, shall act as special police or special detective. The Council, after hearing recommendations from the City Manager, may choose by ordinance to provide for necessary organizational arrangements to property cant' out the City's public safety, public parks, recreation, library, finance, and any other service and administrative functions deemed necessary. The provisions contained herein are intended to aid the City in the discharge of its obligations to ascertain and understand the needs of the City and to be responsive to its citizens. Nothing contained within this Section shall be construed as creating or conferring any substantive rights in or to a complainant. The City Council shall establish, at such time they feel necessary, an Appeals Board for the purpose of hearing testimony of terminated city workers, and for hearing charges of corruption, discrimination, abuse of power, or abuse of policies from active city workers or citizens. A. APPEALS BOARD Each Councillmember will nominate three (3) citizens to serve on the Appeals Board. Of the fifteen (15) member pool, five (5) members and three alternates will be selected from a blind draw to serve one year. The five (5) selected members will convene to vote on a chairperson. A quorum for all board meetings will be three (3) members. In the event of an appeal initiated by a city employee or a citizen, the board will hear the case and Page 11 of 31 City of Sanger Home Rule Charter decide, by a motion and majority vote, to take action or recommend to the City Council to take appropriate action. Final action on the appeal will be left to the City Council. B. TERMINATED EMPLOYEE APPEAL Any terminated City employee, within ten (10) days of termination, may submit an appeal request to the City Secretary, who must immediately forward the request to each member of the Appeals Board. Within ten (10) working days of receipt of the request, the Appeals Board chairperson will conduct a hearing of the matter after notifying all parties listed on the appeal request form of the date, time, and place of the hearing. Attendance by the City Manager and department heads is required if identified on the appeal request form. C. OTHER APPEALS For charges of corruption, discrimination, abuse of power, or abuse of policy from city workers or citizens, upon notification, the City Secretary shall forward the charges to each member of the Appeals Board. At a time convenient to the members not to exceed thirty (30) days, the Appeals Board will convene to discuss each charge, and by majority vote, decide to take no action, or forward a recommendation to the City Councilfor investigation. The Council shall create and provide for a municipal court and may appoint one or more judges to serve in such court. The court shall have all the powers and duties prescribed by the laws of the State of Texas and City ordinances in connection with the trial of misdemeanor offenses within its jurisdiction. A. JUDGE OF THE MUNICIPAL COURT The judge of the Municipal Court and all altemates shall be appointed by the Council for terms of two (2) years. The judge and all altemates shall receive such compensation as may be determined by the Council. The Council may appoint altemate judges of the Municipal Court to preside over the court in the absence of the judge. B. CLERK OF THE MUNICIPAL COURT That unless the City Council by Ordinance designates the City Secretary to serve as Clerk of the Municipal Court, the clerk of the Municipal Court shall be appointed by the City Council for a teen of two years. A City Secretary who serves as Municipal Court Cleric may be authorized to appoint a deputy clerk, subject to approval of the City Council. C. JURISDICTION, POWER, AND FINES All complaints, prosecutions, the service of process, commitment of those convicted of offenses, the collection and payment of fines, the attendance and service of witnesses and juries, punishment for contempt, bail and the taking of bonds shall be govemed by Page 12 of 31 City of Sanger Home Rule Charter the provisions of the Code of Criminal Procedure of the State of Texas applicable to Municipal Courts. D. COSTS, FINES, AND PENALTIES All costs, fines, and penalties imposed by the Court, shall be paid into the City treasury for the use and benefit of the City, as may be consistent with the present and future laws of the State of Texas. RTICLE VI CITY ATTORNEY The Council shall appoint a competent, licensed attorney of recognized ability who shall be known as the City Attorney. The Council shall have the power to remove a City Attorney. The City Attorney shall receive such compensation for services as may be fixed by the Council at the time of appointment, and from time to time by appropriate resolution. The City Attorney shall be the legal advisor of, and attorney for, all of the offices and departments of the City, and shall represent the City in any and all litigation and legal proceedings, provided however, that the Council may retain special counsel at any time it deems appropriate and necessary. The City Attorney shall review and approve as to form, all documents, contracts, resolutions, ordinances, and legal instruments in which the City may have an interest as may be required by the City Manager or Council. The City Attorney shall perform such other duties that are prescribed either in this Charter, or by ordinance or resolution of the Council. RTICLE VII NOMINATIONS AND ELECTIONSI A. The municipal officers election shall be held annually on the first Saturday in May. All City elections shall be governed by the Constitution of the State of Texas, general law of the state, this Charter, and by City ordinance in the order named. B. The Council shall select polling locations and publicize elections in a manner consistent with the Texas Election Code. C. The Council shall appoint election officials and provide compensation for them, and shall cover all other expenses of holding such elections. Page 13 of 31 City of Sanger Home Rule Charter D. The Council may call special elections for purposes it deems appropriate as authorized by state law or this Charter, determine the time and place of the special election, and provide all means for holding it. A. Any qualified person as prescribed by Section 3.04 may apply to have his or her name placed on the official ballot for the position of Councilmember or Mayor. B. The City Secretary shall provide the application forms and review the application to determine if the applicant satisfies the requirements of this Charter and the Texas Election Code. The City Secretary shall keep on file all applications at least until the expiration of the term of office for which such candidates filed. A. The name of each candidate for office, shall be printed on the official ballots without party designation or symbol and in the form designated by the candidate. If two or more candidates have the same surname, or surnames so similar as to cause confusion, their residence addresses shall be printed with their names on the ballot. B. The order on the ballot of the names of the candidates shall be determined by lot in a public drawing to be held under the supervision of the City Secretary in accordance with the Texas Election Code. C. The procedure for voting by early ballot shall be consistent with the Texas Election Code. D. Ballots for ordinances, bond issues, and Charter amendments shall be consistent with the Texas Election Code. E. The procedure for write-in votes shall be consistent with the Texas Election Code. A certified list of voter registrants within the City shall be held by the City Secretary. Any organization, group or person may request a copy of the list of qualified voters and receive one after permission is granted by the City Secretary. The person(s) requesting a certified list of voter registrants will be charged according to the State recommended document fee schedule. A. Any candidate shall be entitled to appoint poll watchers and challengers in accordance with the Texas Election Code. C. The returns of every municipal election shall be delivered forthwith by the election judge to the City Secretary at City Hall and to the Mayor. The Council shall canvass the returns and declare the official results of the election in the manner and within the time provided by law. Returns of every municipal election shall be Page 14 of 31 City of Sang Home Rule Charter recorded in the minutes of the council. The candidate for Mayor and the candidates for election to the places of Councilmember who receive the plurality of votes cast by qualified voters at the election shall be declared elected. The results of said election shall be posted in the City Hall. ���E�1V=7t�-- _RUN-=0�1=�C•t'IQI�TS If there is a tie for first place in a municipal officers election, a run-off election shall be held in accordance with the Texas Election Code. All elected and appointed officers of the City shall take and sign the oath of office prescribed for state elective and appointed offices, respectively, by the Constitution of the State of Texas. Every officer of the City shall, before entering upon the duties of the office, take and subscribe to the following oath or affirmation to be signed, filed and kept in the office of the City Secretary: "I, , do solemnly swear (or affirm)that 1 shall faithfully execute the duties of the office of of the City of Sanger, State of Texas, and will to the best of my ability preserve, protect and defend the constitution and laws of the United States and this State so help me God. In the event there is a conflict between any of the provisions of this article and the Texas Election Code or other governing laws for the conduct of an election, then those provisions of the Texas Election Code or other applicable laws shall prevail. A. The qualified voters of the City of Sanger shall, by following the procedures set out in this charter, have the power to propose ordinances to the City Council, to require reconsideration by the City Council of any adopted ordinances, and to recall any elected official. B. Initiative power may be used to enact a new ordinance or to repeal or amend sections of an existing ordinance not in conflict with this charter, the state constitution or the state laws. C. Referendum power shall not extend to the budget or capital program, or to bonds issued pursuant to the authority of an election or elections previously held. SEIION 8 a__ PETIT�ONEI�S CAMMIIEE Page 15 of 31 City of Sanger Home Rule Charter Any group of not less than twenty-five (25) qualified voters who voted in the last municipal election, may commence proceedings contemplated by this article by filing with the City Secretary an affidavit stating that they will constitute the petitioners' committee. The petitioners designate one (1) member to be responsible for securing the proper form from the City Secretary. He/She shall also be responsible for circulating the petition in proper form, and providing the specific address for all notices to be sent. A. The petition shall conform to the requirements of the Texas Election Code, any other applicable law, and this Charter. The petition shall clearly state the purpose at the top of each page. In the case of a recall, the petition shall include the statement of reason(s) given by petitioners for recall of the member, the signature of the signer, the signer's printed name, date of girth, voter registration number, residence address, and the date of signing. The signature is the only information required to appear on the petition in the signer's own handwriting. Petition signers must be registered voters on the day signed and reside within the city limits. B. A recall petition shall include a statement, not exceeding two hundred (200) words, of the reason(s) for requesting the recall of the member. Such petition shall be circulated and returned to the City Secretary by the sponsors within thirty (30) days after its issuance. A petition to the City Council for recall, initiative or referendum containing the signatures of qualified voters equal in number to no fewer than thirty-three percent (33%) of the qualified voter of the city at the time of the application for the petition, shall be presented to the City Secretary no later than thirty (30) days following the filing of the affidavit by the petitioners' committee. A. No petition shall be received for recall of a member within the first six (6) months after such member has been elected, or within the last six (6) months of their term on the Council. B. Only one (1) member of the Council may be the subject of recall per petition. No member of the Council shall be subject to more than one (1) recall election during a term in office. The member of the Council being subjected to recall shall be entitled to one (1) public hearing. C. An affidavit stating the grounds of the recall petition and accompanied by a non- refundable filing fee of three hundred dollars ($ 300.00) shall be filed when a form is requested. In addition, the petitioners shall be responsible for the cost to the City to hold a special election. Page 16 of 31 City of Sanger Home Rule Charter The petition and affidavit for recall shall be filed with the City Secretary; upon receipt the City Secretary shall provide a true copy of the recall petition and the affidavit to the Council and the City Attorney. The member whose removal is sought shall be furnished a copy of the recall petition by personal delivery or by certified U.S. Mail, return receipt requested, within five (5) days after its receipt by the City Secretary. Once a Council member receives a copy of the recall petition including the affidavit, that member may request a public hearing by the Council. The public hearing must be requested in writing by the member within 5 days after the member has received a copy of the petition which the City Secretary has certified is sufficient. The public hearing will be held within 15 days after the request is made. At the public hearing, the member can present facts pertinent to the statement of reason(s) contained in the petition. If, at or before the public hearing, the member resigns, the office which the member holds shall be declared vacant and filled in accordance with this Charter. If the member does not resign before or at the public hearing, the Council shall call a recall election at the same meeting as the public hearing. If the officer whose removal is sought does not resign then the City Council shall order an election and set the date for holding such recall election. The date selected for recall election shall be the first date permitted by law for holding said election after thirty (30) days from the date the petition was presented to the City Council, or from the date of the public hearing, if one was held. Any election order so issued shall comply fully with the Texas Election Code. Within fifteen (15) working days after the petition is filed, the City Secretary shall complete a certification as to the sufficiency or insufficiency of the petition. The City Secretary shall declare void any petition paper that does not have an affidavit attached thereto stating that each signature thereto was made in the presence of the affiant and is the genuine signature of the person whose it purports to be. If the petition is certified as insufficient for lack of a sufficient number of valid signatures, the City Secretary shall notify the sponsor and the petition may be amended once within fifteen (15) working days from the date of such notice by the sponsor filing a supplementary petition with additional signatures. The supplementary petition will be in the same form as the original petition. When the supplementary petition is filed, the City Secretary will certify within fifteen (15) working days whether such supplementary petition is sufficient. If the supplementary petition and the original petition are still found to contain an insufficient number of valid signatures, the entire petition will be declared voided, and returned to the sponsor by certified U.S. Mail, return receipt requested. Upon presentation to it, it shall become the duty of the City Council, within fifteen (15) days after receipt thereof, to pass and adopt such ordinance or resolution without alteration as to meaning or effect. Or submit the prepared referred ordinance to the voters of the City of Sanger, on the next uniform election date greater than thirty (30) days from the request. Page 17 of 31 City of Sanger Home Rule Charter Said called election may coincide with a regular city election should such election fall within the specified period. No ordinance substantially the same as an initiated ordinance that has been defeated or one substantially the same as a referred ordinance that has been approved at any election may be initiated by the voters within two (2) years from the date of such election. Copies of the proposed or referred ordinance shall be made available at the polls and shall be published at least once in the official newspaper of the City of Sanger not more than fifteen (15) days immediately proceeding the date of the election. A. Withdrawal of Initiative and Referendum Petitions In order to respect the qualified voters already having affixed their signatures to petitions, no withdrawal of petitions is allowed once a petition has been determined sufficient except where: Prior to being determined sufficient, a petition may be withdrawn by filing with the City Secretary a request for withdrawal, signed by at least fifty percent (50%) of the members of the petitioners' committee. B. Withdrawal of Recall Petitions In order to respect the qualified voters already having affixed their signatures to petitions for recall, no withdrawal from recall proceedings shall be allowed except Mere: Such withdrawal is agreed to by an affidavit by at least fifty percent (50%) of the members of the petitioners' committee. Ordinances 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 it shall be a clear, concise statement without argument or prejudice, descriptive of the substance of such ordinance. Immediately below the ballot title shall be printed the following two (2) statements, one (1) above the other, in this order: "FOR ADOPTION OF THE ORDINANCE" "AGAINST ADOPTION OF THE ORDINANCE" Immediately to the left of such statement shall appear a square in which the voter may cast a vote by marking a mark. Ballots used at recall elections shall, with respect to each person whose removal is sought, submit the question: "SHALL (NAME OF PERSON) BE REMOVED FROM THE OFFICE OF (NAME OF OFFICE) BY RECALL?" Immediately below each such question there shall be printed the two (2) following statements, one (1) above the other, in this order: Page 18 of 31 City of Sanger Home Rule Charter "FOR THE REMOVAL OF BY RECALL" "AGAINST THE REMOVAL OF BY RECALL" Immediately to the left of such statement shall appear a square in which the voter may cast a vote by making a mark. In the event voting machines are used at the election, the form of the ballot as above stated may be modified to permit use of such voting machines. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the City Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail. An ordinance adopted by initiative may be repealed or amended at any time after the expiration of two (2) years by a majority of the City Council. If a majority of the qualified electors voting on a referred ordinance vote against the ordinance, it shall be considered repealed upon certification of the election results. If a majority of the qualified electors voting on a referred ordinance vote for the ordinance, the ordinance shall be considered in effect. An ordinance repealed by referendum may be re-enacted at any time after the expiration of two (2) years by a majority of the City Council. If a majority of the votes cast on the question of recall at the recall election shall be against the removal of the elected official named on the ballot, such person shall continue in office for the remainder of the unexpired term, subject to recall as before within the limitations of this Article. If a majority of the votes cast on the question of recall at a recall election shall be for the removal of the elected official named on the ballot such person shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled in accordance with the provisions of the charter for filling vacancies. In case all of the requirements of the charter have been met and the City Council shall fail or refuse to receive an initiative, referendum, or recall petition, or order such initiative, referendum or recall election, or discharge other duties imposed upon said City Council by provisions of this charter with reference to initiative, referendum, or recall, then any qualified voter in the City of Sanger may seek judicial relief in the District Court or any court of competent jurisdiction, to have any of the provisions of this charter pertaining to initiative, referendum, or recall carried out by the proper official. ARTICLE IX MUNICIPAL FINANCE', Page 19 of 31 City of Sanger _ AL YEAf Home Rule Charter The fiscal year of the City shall begin on the first day of each October and end on the last day of September of the succeeding year. CBtltll�SEQt� U The City Manager shall be responsible for submitting an annual budget not later than sixty (60) days prior to the first day of the new fiscal year. This budget is to be filed with the City Secretary and submitted to the Council for its review, consideration, and revision. In preparing this budget, each employee, officer, board, and department shall assist the City Manager by furnishing all necessary information. The budget shall provide a complete financial plan of all city funds and activities and, except as required by law or this Charter, shall be in such form as the Council may require. The budget shall contain the following information: A. The City Managers budget message outlining the proposed financial policies for the next fiscal year with an explanation of any changes in expenditures from the previous year, any major changes in policies, and a complete statement regarding the financial condition of the City; B. An estimate of all revenues from taxes and other sources, including the present tax structure, rates, and property evaluations for the ensuing year; C. A carefully itemized list of proposed expenses and revenues by fund, service type, and project for the budget year, as compared to actual expenditures and revenues of the last ended fiscal year and the projected final expenditures and revenues for the current fiscal year; D. A description of all outstanding bond indebtedness, showing amount, date of issue, rate of interest, and maturity date; also any other indebtedness which the City has incurred and which has not been paid; E. A statement proposing any capital expenditures deemed necessary for undertaking during the next budget year and the recommended provision for financing; and F. Such other information as is required by City Council or deemed desirable by the City Manager. A. PUBLIC NOTICE AND HEARING The City Council shall hold a public hearing on the budget, as submitted, at the time and place so advertised in the official newspaper, which will be no less than seven (7) days nor more than fifteen (15) days after the date of notice. All interested persons shall be given the opportunity to be heard, either for or against, any item of the proposed budget. Page 20 of 31 City of Sanger Home Rule Charter B. ADOPTION OF THE BUDGET The budget and tax rate may be adopted at any regular or special meeting of the Council prior to the beginning of the budgeted fiscal year by a majority vote of a two thirds (2/3) quorum. The Council may amend the proposed budget by increasing, decreasing, or removing any programs or amounts, except for expenditures required by law, for debt service, or for estimated cash deficit. No amendment to the budget shall increase the authorized expenditures to an amount greater than the total of estimated income plus funds available from prior years. C. FAILURE TO ADOPT If the Council fails to adopt a budget by the beginning of the fiscal year, the budget currently in place for the preceding year shall remain in place on a month -to -month basis until such time as a new budget has been adopted. D. ERRORS OR DEFECTS Any errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate. Under conditions which may arise and which could not reasonably have been foreseen in the normal process of planning the budget, the Council may, by a majority vote of the full membership, amend or change the budget to provide for any additional expenses in which the general welfare of the citizenry is involved. These amendments shall be by ordinance, and shall become an attachment to the original budget. The City Manager shall submit a five-year capital improvement program (CIP) as an attachment to the annual budget. The CIP shall include the following: A. A clear, general summary of its contents; B. A list of all capital improvements which are proposed for the five (5) fiscal years including the budget year, with appropriate supporting information as to the necessity for such improvements; C. Cost estimates, method of financing and recommended time schedules for each improvement; and D. The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above information may be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquision. Page 21 of 31 Cily of Sanger Home Rule Charter Copies of the budget and the capital program, as adopted and amended shall be kept on file by the City Secretary and made available for public review in accordance with the Texas Open Records Acts. War -T- f>& BOk`tICSUGTtG A. RIGHT TO BORROW The City shall have the right and power, except as prohibited by law or this Charter, to borrow money by whatever method it may deem to be in the public interest. B. GENERAL OBLIGATION BONDS The City shall have the power to borrow money on the credit of the City and to issue general obligation bonds for permanent public improvements or for any other public purpose not prohibited by law and this Charter and to issue refunding bonds to refinance outstanding bonds previously issued. All such bonds or certificates of obligation shall be issued in conformity with the laws of the State of Texas and shall be used only for purposes for which they were issued. Any bond, excluding refunding bonds, to be issued under the provisions of this section shall not be issued without an election. In all cases when the City Council shall order an election for the issuance of bonds of the City, it shall, at the same time, state whether or not a tax rate increase is anticipated for the purpose of paying the principal and interest on the bonds and to create a sinking fund for their redemption. C. REVENUE BONDS The City shall have the power to borrow money for the purpose of constructing, purchasing, improving, extending or repairing public utilities, recreational facilities, or any other self-liquidating municipal function not prohibited by the Constitution and the laws of the State of Texas, and to issue revenue bonds to evidence the obligation created thereby. Such shall be a charge upon and payable from the properties, or interest therein pledged, or the income therefrom, or both. The holders of the revenue bonds shall never have the right to demand payment thereof out of moneys raised or to be raised by taxation. All such bonds shall be issued in conformity with the laws of the State of Texas and shall be used only for the purpose for which they were issued. A. Before any purchase or contracts are made by the City of Sanger, ample opportunity for competitive bidding shall be provided for purchases as deemed necessary by the City Council and in accordance with state law. Qualifications, specifications, price, and quality of materials being equal, citizens and business firms of Sanger shall be given preference in the awarding of all contracts over which the City has jurisdiction, direct or indirect. The City Council shall have the right to reject any and all Kids. B. The City Manager shall have general authority to contract for expenditures up to any amount as authorized by the City Council annually, without prior approval by the City Council. City Council regulations provided by ordinance shall not conflict with any applicable provisions of this Charter or state law governing municipal purchasing or contracting. C. Declared emergency needs of the City may be satisfied by the City Manager and Mayor and ratified at the next Council meeting. Page 22 of 31 City of Sanger Home Rule Charter The City will be required to maintain a city depository or depositories in which all City moneys shall be promptly deposited. Procedures for the withdrawal of funds or the disbursement of funds from the City depositories shall be prescribed by ordinance and State law. Depository shall be designated for no less than two (2) years. No payment shall be made or obligation incurred except those specifically allowed for in the budget. Any authorization of payment or incurring of any such obligation in violation of the provisions of this Charter will be void and any payment so made will be illegal. Such action may be the cause, at the discretion of the Council, for the removal of any officer who knowingly authorized or made such payment or incurred such obligation. Such person shall also be liable to the City for any amount so paid. However, this prohibition shall not be construed to prevent the making or authorizing of payment of, or the making of contracts for, payments beyond the end of the fiscal year, provided that such action is made or approved by an ordinance. The City Manager shall submit to the Council a monthly report of the financial condition of the City by department for the fiscal year-to-date. The financial records of the City will be maintained on a modified accrual basis to support this type of financial management. The City Manager shall make available to the Council the monthly cash disbursements journal of the City of all funds and accounts. At the close of each fiscal year, and at such other times as it may be deemed necessary, the Council shall direct that an independent audit be made on all accounts of the City by a certified public accountant. The certified public accountant shall have no personal interest directly or indirectly, in the financial affairs of the City or any of its officers and shall report directly to the Council. Upon completion of the audit, a summary of the results thereof shall be published promptly in the official newspaper for the City and a copy shall be placed on file in the City Secretary's office for public record. A copy of the comprehensive financial annual report shall be available at City Hall. RTICLE X BOARDS, COMMISSIONS, AND COMMITTEESI The Council shall create, establish, or appoint, as may be required by the laws of the State of Texas or this Charter, such boards, commissions and committees as it deems necessary to cant' out the functions and obligations of the City. The Council shall prescribe the purpose, composition, functions, duties, accountability, and tenure of each board, commission and committee, where such are not prescribed by law or this Charter. Page 23 cf 31 City of Sanger Home Rule Charter The Council shall annually publish, during the months of April or May, the opportunity for the citizens of Sanger to serve on boards or commissions. Members of all boards and commissions must be: 1. Residents of the City of Sanger for at least six (6) months preceding the date of appointment; 2. Qualified voters; 3. Not be an officer of the City nor any person who holds a compensated position with the City; 4. In attendance at all called meetings, Any member missing three (3) consecutive meetings without prior notification, shall be replaced by the City Council. All board and commission members may serve three (3) consecutive two (2) year terms. A member may be re -appointed to the same board or commission after a one (1) year absence, or may be appointed to serve on other boards or commissions immediately. Board, Commission, and Committee members serve without compensation. A. DUTIES AND POWERS OF THE COMMISSION Receive, review and take appropriate action on all platting and subdivision proposals. 2. Recommend to the Council proposed ordinances and amendments to existing ordinances regarding planning, zoning, and environmental quality. 3. Prior to the holding of a public hearing by the City Council on the final passage or amendment of the Zoning Ordinance, the City Council must have first received a report or recommendation from the Planning and Zoning Commission which shall have been approved by a majority vote at the Planning and Zoning Commission. B. ORGANIZATION AND MEETINGS OF THE COMMISSION 1. The Planning and Zoning Commission shall consist of seven (7) regular members, to be appointed by the Council to serve two-year terms. 2. The Council shall provide training to the members that are appointed to serve on the Planning and Zoning Commission. Page 24 of 31 City of Saner Home Rule Charter 3. The Commission shall appoint a chairman and vice-chairman who shall serve one (1) year terms. The Commission shall meet not less than once a month. The Commission shall adopt written procedural rules and regulations consistent with state laws and City ordinances. 4. In the event of a vacancy, the Council shall appoint a new member for the unexpired term. 5. A quorum of the Commission shall consist of five (5) members. Tom_ a I. a WUNs DW a"r"r5� *� A. The Board of Adjustment shall consist of seven (7) members to be appointed by the Council to two-year terms. B. The Council shall provide training to the members that are appointed to serve on the Board of Adjustments. C. The Board shall elect a chairperson from among its membership each year at the first regular meeting following the annual appointment of the new members. D. The Board shall meet as called. E. In the event of a vacancy, the Council shall appoint a new member for the unexpired term. F. A quorum of the Board of Adjustments shall consist of six (6) members. All boards, commissions, or committees of the City shall keep and maintain minutes of any proceedings held. RTICLE XI UTILITIES, FRANCHISES, AND LICENSES The City shall have the power to buy, sell, construct, lease, maintain, operate, and regulate public services and utilities, and to distribute and sell such utility services, including but not limited to, water, heat, light, power, telephone service, and transportation. The City shall have such regulatory powers as granted under the laws of the State of Texas. The City Council shall not have the power to sell any public utility without a majority vote of the citizens. The Council shall have the power by ordinance to grant, renew and extend all franchises of all public services operating within the City, and with the consent of the franchisee, to amend the same. No franchise shall be granted for a term of more than twenty (20) years. Page 25 of 31 City of Sanger Home Rule Charter Any ordinance to grant, renew, extend or amend a public service franchise shall take effect upon acceptance by the franchisee within sixty (60) days after adoption of the ordinance granting the franchise. A summary of the purpose of the ordinance shall be published one (1) time in the official city newspaper, at the expense of the prospective franchisee, 30 days prior to adoption of the ordinance. No public utility or franchise shall be transferable except with the approval of the Council expressed in ordinance; however, approval cannot be unreasonably withheld. This restriction shall not be construed to prevent franchise holder from pledging the franchise as security for a valid debt. With every grant, renewal, extension, or amendment of a public service and utility franchise, the City shall retain the right to: A. Repeal the franchise by ordinance for failure to comply with the terms thereof, such power to be exercised with due notice and public hearing; B. Require franchisee to restore, at franchisee's expense, all public and private property to a condition equally as good or better than when disturbed for construction, repair, or removal; C. Require the public utility to give notice to any subscriber to its services prior to permanent or temporary discontinuance of such service by the public utility,except in cases of emergency, and to require that no officer, agent, servant, or employee of the public utility nor any vehicles under their control shall make use of, go upon or cross any private property without first obtaining the permission of the owner or occupant, except in cases of emergency, and to provide a penalty for the violation of such requirements; and D. Impose other reasonable regulations, restrictions, requirements, and conditions as may be deemed necessary or desirable to promote the health, safety, welfare, or accommodation of the public. The Council shall have the right to: A. Set rates of city -owned public services; and B. Require any city -owned public services to keep accounts of financial operations. Accounts must show actual cost of each service to the City, including costs of extensions and improvements, and source of funds extended for these purposes. Costs and revenues of services furnished to other cities or government agencies must be included. Page 26 of 31 Qjy of Sanier Home Rule Charter The right of control and use of the public streets, highways, sidewalks, alleys, parks, public squares, and public places of the City is hereby declared to be inalienable by the City, except by ordinances not in conflict with the provisions of this Charter. No act or omission by the Council or an officer or agent of the City shall be construed to grant, extend, amend, expressly or by estoppel or implication, any right, franchise, license, or easement affecting such public streets, highways, sidewalks, alleys, parks, public squares, public places, and other real property, except as provided in this Charter. All ordinances, resolutions, rules, and regulations in force in the City on the effective date of this Charter and not in conflict with this Charter shall remain in full force and effect until altered, amended, or repealed. All taxes, assessments, liens, encumbrances, obligations, and demands of or against the City, fixed or established before such date, shall be valid if properly fixed or established either under the law in force at the time of such proceedings or under the law after the adoption of this Charter. All persons holding administrative office at the time this Charter takes effect shall continue in office and in the performance of their duties in the capacities to which they have been appointed until provision shall have been made in accordance with the terms of this Charter for the performance of such duties or the discontinuance of such office, if any. The powers conferred and the duties imposed upon any office, department, or agency of the City by the laws of the state, shall, if such office, department or agency be abolished by this Charter or under its authority, be thereafter exercised and discharged by the office, department, or agency designated by the Council, unless otherwise provided herein. No officer of the City shall appoint, vote for, or confirm the appointment to any office, position, clerkship, employment, or duty, of any person related within the second degreeby affinity or within the third degree by consanguinity to any member of the Council or the Mayor, when the salary, fees, or compensation of such appointee is to be paid for, directly or indirectly, out of or from public funds or fees of office of any kind or character whatsoever. However, this provision shall not prevent the appointment, voting for, or confirmation of any person who shall have been continuously employed in any such office, position, clerkship, employment, or duty for at least thirty (30) days, if the officer is appointed, or at least six (6) months, if the officer is elected. When a person is allowed to continue in any such position, the officer related shall not participate in the deliberation or voting upon the appointment, reappointment, employment, confirmation, reemployment, change in status, compensation, or dismissal of such person, unless such action is taken with respect to a bona fide class or category of employees. - t�C� 1 Q WF1C�l�1. NEY�d SLE Page 27 of 31 City of Sanger Home Rule Charter The Council shall have the power to designate by resolution a newspaper of general circulation in the City as the City's official newspaper. All ordinances, captions of ordinances, notices, and other matters required to be published by this Charter, by ordinance, or by state law, shall be published in the official newspaper. This Charter shall be recorded in the City Secretary's office in a book kept for that purpose. As soon as practicable after its adoption, an authenticated copy of the Charter shall be certified by the Secretary of State under the City Seal. Once recorded by the City Secretary and the Secretary of State of Texas, the Charter becomes a public act. Such Charter provisions may be read in evidence without pleading or proof of their provisions, and judicial notice shall be taken thereof in all courts and places. The City shall never be liable for any personal injury or death or for claims for damages or injury to real or personal property alleged to have been caused by the negligent act or omission of any officer, agent, or employee of the City, unless the person who has been injured, the person who may have a cause of action under the law by reason of such death or injury, the person whose property has been injured or damaged, or someone acting on that person's behalf, shall file a claim in writing with the City Secretary within six (6) months after said injury, death, or damage has occurred, stating specifically Men, where, and how the injury, death or damage occurred, the full extent thereof, the amount of damages claimed or asserted, and the basis claimed for liability on the part of the City. The person giving notice under this section shall give the address of every place the claimant has resided during the last six (6) months prior to the injury, death, or damage and shall subscribe claimant's name thereto. Neither the Mayor, Counclimember, City Manager, City Secretary, City Attorney, or any other officer or employee of the City shall have authority to waive any of the provisions of this section, but the same may be waived only by resolution of the Council made and passed before the expiration of said six (6) months' period. No property owned or held by the City shall be subject to any garnishment or execution of any kind or nature except as specifically provided by state law. No member of the Council, the Mayor, or any other officer, whether elected, appointed, paid or unpaid, who exercises responsibilities beyond those that are advisory in nature, shall participate in a vote or decision on a matter involving a business entity in which such officer has a substantial interest, if it is reasonably foreseeable that an action on the matter would confer an economic benefit on the business entity. if the officer or a person related to the officer within the second degree of affinity or consanguinity has a substantial interest in the business entity that would be pecuniarily affected by an official action of the Council, the officer, if a member of the Council, shall file an affidavit stating the nature and extent of the interest and abstain from further participation in the matter. Page 28 of 31 No person shall be qualified to hold a municipal office or serve in the City in any other capacity who is, or may become while in service, in arrears in the payment of taxes or other debts due the City, provided he or she has received actual notice of the same and, after reasonable notice, has intentionally refused to pay the tax or debt due the City. The provision shall not apply to any tax or debt: 1. During the time the validity of such tax or debt is involved in litigation; 2. If the litigation ultimately results in the matter being held invalid by a final judgement of a court of competent jurisdiction. All meetings of the Council and all boards appointed by the Council shall be governed by the provisions of the Texas Local Government Code and any amendments thereto with regard to the posting of agenda and the holding of public meetings. All public records ofevery office, department, or agency of the City shall be open to inspection by any citizen at all reasonable business hours, provided that records excepted from public disclosure by the Texas Local Government Code and any amendment thereto shall be closed to the public and not considered public records for the purpose of this section. The Council shall, by appropriate ordinance, provide for the indemnification and defense of the officers and employees of the City, including members of the Council, or any board, commission, or committee, including volunteers, against any loss, cost, or expense, including court costs and attorneys fees, to the extent allowed by law, arising out of any claim, suit, or judgment, or settlement thereof, resulting from any alleged negligent act or omission of such officer, employee, member, or volunteer during the discharge of his duties and within the scope of his office, employment, membership, or assigned voluntary position with the City, or in any other case where the City is directed or authorized by law to do so, provided however, that such indemnification will not be provided for any act arising out of the intentional or knowing violation of any penal statute or ordinance or arising out of any conduct determined by final judgment to be an act of fraud or to have been taken with the intent to deceive or defraud, or for any personal or private business of such officer, employee, member, or volunteer, or for the gross negligence or official misconduct, or willful or wrongful act or omission of such officer, employee, member or volunteer. This Charter may be amended in accordance with the laws of the State of Texas. 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 executed on behalf of said City, and all such actions, suits, appeals, or proceedings shall be conducted in the same manner as if such bond, undertaking, or security had been given, and said City shall be liable as if such obligation had been duly given and executed. Page 29 of 31 City of Sanger Home Rule Charter � T-J2 i4 _ SE >=RABILI_TML USE If any article, section, paragraph, sentence, clause or phrase of this Charter shall be held unconstitutional or invalid for any reason by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such provision so held invalid may appear, except to the extent that an entire article, section, paragraph, or sentence may be inseparably connected in meaning and effect with the provision to which such holding shall apply directly. The provisions of this Charter shall be liberally construed for the purpose of effecting the objects and ends thereof. Unless some other meaning is manifest, the word "City" shallbe construed to mean the "City of Sanger". Words in the present tense include future tense, and except when a more restrictive meaning is manifest, singular may mean plural. Throughout this Charter, words used in expressing masculine gender shall be construed to include the feminine. The word "Council' shall be construed to mean the City Council of the City of Sanger. The word "Council" includes all elected members, and the word "Council member" means all Council members, excluding the Mayor. A. This Charter shall take effect immediately following adoption by the voters and entry of the official order by the Council declaring the same adopted as soon as practicable. After adoption the Mayor shall certify to the Secretary of State an authenticated copy of the Charter under the City's seal showing the approval by the voters. The City Secretary shall record the Charter in a book kept for that purpose, and keep and maintain the same as the official record of the City. B. Upon adoption of this Charter, the present members of the Council filling elective offices will continue to fill those offices for the terms to which they were elected. A. This Charter shall be submitted to the qualified voters of the City for adoption or rejection on the 2nd day of November, 1999, at which election, if a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall then immediately become the goveming law of the City of Sanger, Texas, until amended or repealed. B. It being impracticable to submit this Charter so that each subject may be voted on separately, it is hereby prescribed that the form of ballot to be used in such election shall be as follows, to wit: FOR ADOPTION OF THE CHARTER. AGAINST ADOPTION OF THE CHARTER. Page 30 cf 31 City of Sang,�ar • • • This Home Rule Charter for the City of Sanger, Texas, is respectfully submitted to the City Council of the My of Sanger for the purpose of calling an election on the question of adoption of the Home Rule Charter this the 151' day of July, 1999. This proposed Charter represents the recommendation of the majority of the members of the Home Rule Charter Commission, whose membership and signatures are evidenced below. Page 31 of 31