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2015_12.03 CRC Packet )c KENNEDALE You're Here,Your Home www_c i Yyof k enn ed a 1 e.c o rn CHARTER REVIEW COMMITTEE AGENDA BOARD OF DIRECTORS - REGULAR MEETING December 3, 2015 CITY HALL CONFERENCE ROOM, 405 MUNICIPAL DRIVE REGULAR SESSION - 6:00 PM I. CALL TO ORDER II. REGULAR ITEMS A. Review Kennedale 1997 Home Rule Charter B. Review potential areas for changes C. Set next meeting III. ADJOURNMENT In compliance with the Americans with Disabilities Act, the City of Kennedale will provide for reasonable accommodations for persons attending City Council meetings. This building is wheelchair accessible, and parking spaces for disabled citizens are available. Requests for sign interpreter services must be made forty-eight (48) hours prior to the meetings. Please contact the City Secretary at 817.985.2104 or(TDD) 1.800.735.2989 CERTIFICATION I certify that a copy of the December 3,2015, Charter Review Committee agenda was posted on the City Hall bulletin board next to the main entrance of the City Hall building, 405 Municipal Drive, of the City of Kennedale, Texas, in a place convenient and readily accessible to the general public at all times and said agenda was posted at least 72 hours preceding the schedule time of said meeting,in accordance with Chapter 551 of the Texas Government Code. City Secretary ic KENNEDALE You're Here,Your Home www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: December 3, 2015 Agenda Item No: REGULAR ITEMS - A. I. Subject: Review Kennedale 1997 Home Rule Charter II. Originated by: III. Summary: The current Home Rule Charter is attached for review by Committee members. IV. Recommendation: V. Alternative Actions: VI. Attachments: 1. 11997 Kennedale Home Rule Charter ICity of Kennedale Charter 1997 LG. df Caq� Tro ot4NEDA44t* . 1� EST. 1$$7 HOME YOU'RE HERE * YOUR HOME RJLE CHARI 1997 TABLE OF CONTENTS ARTICLE I FORM OF GOVERNMENT AND BOUNDARIES Section 101 Inoorporetion Section 102 Form of Government Section 103 Boundaries Section 104 Change of Boundaries ARTICLE II RIGHTS AND POWERS OF THE CITY Section 201 General Section 2.02 Construction and Swerability Section 2.03 Intergovernmental Relations Section 2.04 Transfer of Rghts, Fbwers, and Obligations ARTICLE III THE CITY COUNCIL Section 3.01 City Cavunment Section 3.02 Epense Rdmbursement Section 3.03 Mayor and Mayor Fro Tee Section 3.04 General Duties and Rivas Section 3.05 Prohibitions Section 3.06 Vacandesaid Forfeiture of Office Section 3.07 Investigations Section 3.08 Meeting Froosdure Section 3.09 Ordinances; Section 3.1D Frocedurefor Enactment of Ordinances Section 31 ALthentication, Reoording, Codification, and Rinting ATICLE IV MUNICIPAL ELECTIONS Section 4.01 City CoundI Races and Tams Section 4.02 Annual Bections Section 4.03 Fditical Activities Section 4.04 Qualifications for Candidacy and Hol ding Office Section 4.05 Canvassing of Bections and Dederetion of Results ARTICLE V MUNICIPAL ADMINISTRATION Section 5.01 Qty Manager Section 5.02 Temporary Absenoe or Disability of the Qty Maim Section 5.03 Removal of the Qty Maim Section 5.04 Duties and Rivas of the Qty Manage Section 5.05 City Departments Section 5.06 City Secretary Section 5.07 Rmnovd of the City Seaetary Section 5.08 City Attorney Section 5.09 Eeciel Counsel ARTICLE VI FINANCE Section 6.01 Fiscal Year Section 6.02 Budget Section 6.03 Monthly Fnandal Reports Section 6.04 Annual Audit Section 6.05 Indebtedness ARTICLE VII REVENUE AND TAXATION Section 7.01 Municipal Takes 2 lion 7.02 Rove to Tax Ssction 7.03 Appraisal and Pssessrnent of Fbel Ropety Ssction 7.04 Tax Fite Ssct i on 7.05 Election to Feel Tax Increase Ssct i on 7.06 Tax Exempt i ons and Abat ement s Ssction 7.07 Tax Payments SBdion 7.08 Tax Liens and Li abi Iity ARTICLE VIII BOARDS AND COMMISSIONS Soct i on 8.01 Boards and Commission—General Sqction 8.02 Ranning and Zoning Commissi on Sqction 8.03 Board of Adjustment Sqction 8.04 Parks and P-icreetion Board ARTICLE IX MUNICIPAL COURT Elaction 9.01 Establishment of the Munidpal Court SBdion 9.02 Fines, Fes, and Costs Ssction 9.03 Jidge of t he M uni d pal Court Ssction 9.04 Clerk of the Munidpal Court Ssction 9.05 City Prosecutor ARTICLE X FRANCHISES AND PUBLIC UTILITIES Section 1101 Franchise Rive of the Qty Sqction 1102 Ronne to Grant Franchises Section 1103 Exd usi vene%of Pranchi ses Section 1104 Transfer of Franchises Section 1105 Bdensions of Fublic Utilities Section 1106 Fight of Franchise Section 1107 Fboords and Accounts Section 1108 SJeof Munidpal Services Section 1109 Ownership and Control of Streets, Etc. Section 111) Pagulation of Rtes Section 1).11 Discrimination Section 1112 Franchise Pecords Section 1113 Pranchises Granted Before F�-Aification of this Charter ARTICLE XI INITIATIVE, REFERENDUM, AND RECALL Section 1101 Initiative Section 1102 Fbferendum Section 1103 Fdecail Section 1104 Fbsults of Fill Election Section 1105 Limitation of Fill Section 1106 Form of Petitions Section 1107 Filing, Examination, and Certification of Petitions Section 1108 Amendment of Petitions Section 1109 Consideration by the City CoundI Section 11'D Submission to Votes Section 1111 Fbsults of Election ARTICLE XII GENERAL PROVISIONS Section '2.01 Rabl is Meetings SBdion 12.02 Fublic Fboord SBdion 12.03 Effective Date of this Charter SBdion 12.04 Effect of Charter on EAsting L-w Sad ion 1.05 Continuation of Resent OFFioes Section 1.06 Amendments to this Charter Section 1.07 Conflict of Interest Section 1.08 Nepotism Section 1.09 Guarantee of Raid Sect i on 1.11D Not ice of i nj ury or Dannage Section 1.11 Official Medium Section 1.1 Gender of VVxdi ng Section 1.13 Qualified Vote Sect i on 1.6 OFfi d al Oat h of OPFi oe Section 1.13 City Exempt for Appeal Bonds Section 1.17 Fund Not Sibject to Garnishment Section 1.B Certification and Submission to Votes ARTICLE L FORM OF GOVERNMENT AND BOUNDARIES Section 1.01 Incorporation The citizens of the Qty of Kennedale,Tarrant County,Texas,do hereby declare that the Qty of Kennedaie is incorporated as a political subdivision of the State of Texas under the name of"City of Kennedald', hereinafter referred to as the`City,and with the duties, rights, powers,authority, privileges,obligations,and immunities provided in this Charter. Section 1.02 Form of Govermnent The City Government shall be a"Council-Manage Government". Fursuant to the provisions of and subject only to the limitations imposed by this Charter and by the state constitution and statutes,the City Council, led by the Mayor,shall be vested with all the powers of the City.The City Council shall enact legislation,adopt budgets,determine policies and appoint the Qty Manage.The City Manage shall execute the la✓us and administer the government of the City.The Mayor is responsible for vigilantly reviewing governmental activities,providing leadership and meking recommendat ions to the Council and City Manage that ensure that the city government is meeting the needs of the citizens of the City of Kennedele Section 1.03 Boundaries The boundaries of the City shall be as they east when this Charter is adopted and shall remain in effect until changed. Section 1.04 Change of Boundaries The City Council may, by ordinance,annex territory to the City.The City Council may, by ordinance,disannex territory within the City,and/or exchange territory with other cities and towns.These actions are subject only to state law. In accordance with state law,the people who ride in annexed territory shall be entitled to all the rights and privi leges of citizens of the City,and shall be bound by the acts,ordinances, resolutions,and regulations of the Qty. ARTICLE IL RIGHTS AND POWERS OF THE CITY Section 2.01 General The City shall have the rights and powers granted to municipalities and cities under the general laws,and the rights and powers of self-government that now east or may hereafter be granted to Home Rule Cities by the Constitution and the general and special laws of the:fate of Tees,together with ail the rights and powers so granted as fully and cor npletely as though they were enumer ated in this Charter.3ach rights and powers,whether e�pressed or implied,shall be exercised and enforced in the manner prescribed by applicable gate Law or by this Charter,and when not prescribed herein,in such a manner as shall be provided by ordinance or resolution of the City Council. Section 2.02 Construction and Severability The rights and powers of the Qty under this Charter shall be construed in favor of the Qty in the event of conflict between the City and other governmental agencies or bodies,corporations,or individuals,and the specific mention of particular rights or powers in the Charter shall not be construed as limiting in any way the general rights and powers stated in the Article In addition,should any phrase,clause,sentence,or provision of this Charter be declared invalid by a court of competent jurisdiction,the validity and applicability of the remainder of this Charter shall not be affected. Section 2.03 Intergovernmental Relations The City may exercise any of its rights or powers or perform any or its functions,and may pa-ticipate in the financing thereof,either jointly or in cooperation,by contract or otherwise,with any one or more of the States or any political subdivision or agencies thereof,or with the United gates of any agency thereof. Section 2.04 Transfer of Rights,Powers, and Obligations (a) The City shall succeed to ail rights,claims,actions,orders,contracts,and legal or administrative proceedings pending or in process at the effective date of this Charter,except as modified pursuant to the provisions herein; and each matte shall be maintained,carried on,or dealt with by the City authority as appropriate under this Charter. (b) All City ordinances, resolutions,orders,and regulations in force on the date this Charter becomes fully effective are resealed to the ekent that they are inconsistent or interfere with the operation of this Charter of or ordinances or resolutions adopted pursuant hereto.To the ekent that the Constitution and laws of the gate of Texas permit,all laws governing this Qty of its agencies,offices,or employees at the time this Charter becomes fully effective are superseded and void to the ekent that they are inconsistent or interfere with the operation of this Charter or of ordinance or resolutions adopted pursuant hereto. ARTICLE III: THE CITY COUNCIL Section 3.01 City Goverrnnent The governing body of the City shall be known as the"City Council of the Qty of Kennedald', hereinafter referred to as the "City Council".The City Council shall be composed of a Mayor and five(5) other Council members, Section 3.02 Expense Reimbursement Each member of the Qty Council shell receive reimbursement for each scheduled City Council meeting duly attended. In addition to the above,the City shall,upon receiving receipts and other appropriate documentation for authorized eqxnditures, reimburse the members of the City Council for necessary e�penses incurred by them in the performance of their official duties. Section 3.03 Mayor and Mayor Pro Tem The Mayor shall preside at City Council meetings,aid shall be recognized as head of the City government.The Mayor shall have the right to vote only in the event of a tie.The Mayor shall have veto power.The City Counci l shall elect one of its members Mayor Pro Tem.The Mayor Pro Tem shell act as Mayor in the absence of the Mayor and shall have the same duties and paver as the Mayor exert veto power.The Mayor Ro Tem shall retein the right to vote as a Council member. The Mayor may exercise veto power over a Council action within five(5) workings days of that action.The Mayor shall give written notice of a veto to the City 5bcretay. Upon proper notice,Council action to consider overriding a veto shall be an agenda item at the nek scheduled Council meeting.The decision of the Council to override a veto is not subject to veto by the Mayor and becomes effective immediately. Section 3.04 General Duties and Powers By this Charter,all pavers of the City shall be voted in the City Council.The City Council shall exercise these pavers to ensure the performance of all duties and obligations imposed on the Qty by law and by this Charter. Wficelly,the Qty Council is provided with, but not limited to,the following powers: (a) To enact municipal legislation. (b) To appoint or elect aid to remove,after a hearing,all persons appointed or elected by the City Council. (c) To establish the cor pensation for all Qty officers. (d) To create,change,or abolish all offices,departments,and agencies of the City government other than those offices and agencies created by this Charter;and to assign additional duties and powers consistent with this Charter to officers,departments,and agencies created by this Charter. (e) To establish operating policy. (f) To establish the boundaries of the Qty. Section 3.05 Prohibitions (a) Holding Other Office. Except where authorized by hoot, no member of the City Council shall hold any other Qty office or employment with the City,ecduding boards,committees and commissions,during the term for which the Council member was elected to the City Council. No former member of the City Council shall hold any corrpensated appointed City Office or employment with the Qty for a period of two years after the expiration of the term of office. (b) Appointments and Fbmovais. Neither the City Council nor any of its members shall, in any manner,dictate the appointment or removal of any City administrative officer or employee whom the Qty Manager or any of his subordinates are empowered to appoint.The City Council may, however,egress its views fully and freely, discussing with the Qty Manage anything pertaining to the appointment and removal of such officers and employees. (c) Interference in Administrative Matters. Except for the purpose of inquiry or investigation,the City Council shell deal with administrative departments and the personnel of these departments solely through the Qty Manage. Neither the City Council nor any of its member s shall give an order,either publicly or privately,to any subordinate of the Qty Manager. Section 3.06 Vacancies and Forfeiture of Office (a) Vacancies.The office of a Council member or Mayor shell become vacant upon the death, resignation,forfeiture of office,or removal from office in any manner authorized by law or by this Charter. 1 If a vacancy occurs in the office of the Mayor it shall be filled by the Mayor Fro Tan.Any other vacancy on the City Council, including a position if vacated by the Mayor Pro Tem,shall be filled by appointment by a majority vote of all of the remaining City Council members; however; 2. If more that thirteen (13) months remain on the term of a vacant Council position,the ranaining term of office shall be filled at the regular election held in May; however. 3. If more than sixteen ('6) months remain on the terms of two or more Council positions,the remaining tams of office shall be filled through a special election. 4. Any vacancy in a Council position with an unexpired tam of less than three(3) months shell not be filled before the next regular election, unless occupancy of that office is necessary to constitute a quorum. (b) Forfeiture of Office.A council member shall forfeit office if the member: I Lades at any time during the term of office eny qualification or the office prescribed by laAt or by this Charter. 2. Violates any egress prohibition of this Charter. 3. Fails to attend three(3) consecutive scheduled meetings without valid excuse,or fails to maintain an Eighty(80) percent attendance record,exduding excused ebsenoes,for each Elected year (including all scheduled budget and special meetings),whereupon the Council must declare a vacancy at its nek regular meeting and shall fill the vacancy as set forth in this Charter. (c) V\hen any member of the Council no longer posses ail of the qualifications required for office,or is convicted of a felony or any offense involving moral turpitude while in office,the office shall immediately and automatically be forfeited and become vacant. (d) The Council shell be thejudge of the qualifications of its members and for these purposes shell have the power to subpoena witnesses and require the production of records, but the decision of the Council in any case shell be subject to revieN by the courts. Section 3.07 Investigations The City Council may investigate the affairs of the City and the official conduct of any Qty department,office,or agency. For this purpose,the City Council may subpoena witnesses,administer oaths,take testimony,and compel the production of ell pertinent evidence.Any person who fails or refuses to obey a laArful order issued by the City Council shell be guilty of a misdemeanor,as provided by ordinance. Section 3.08 Meeting Procedure (a) Meeting.The City Council shell meet in regularly scheduled City Council meetings at least once each month at such times as the members may prescribe by rule.-Special meetings may be called on the request of the Mayor of three (3) City Council members.All City Council meetings shell be hEld at City Hall or at such place in the Qty that will permit the attendance of the general public.All City Council meetings and ell sessions of the City Council and committees of the City CoundI shell be open to the public;hovveve,the City Council may recess for the purpose of discussing in a dosed or executive session those mattes permitted by gate La✓u, including, but not limited to: 1 Feinding or contemplated litigation,settlement offers,and any other legal advice. 2. The acquisition or disposal of reel property. 3. FErsonnel mattes. 4. The evaluation of candidates for offices appointed by the City Council. (b) A motion celling for a dosed or executive session must be made in a public meeting and must state the general subject to be discussed. N final action or vote with regard to any matte considered in a dosed meeting shell be made except in a public meeting. (c) Riles and Minutes.The City CoundI shall determine its own rules and order of busi ness,and shal l provide for keeping minutes or ell its proceeding.The minutes shell be a public record. (d) Voting.The record of rotes shell be recorded in the minutes of the City Council.Three(3) member s of the Qty CoundI shall be a public record. (e) Voting.The record of rotes shall be recorded in the minutes of the City Cound1.Three(3) member of the Qty Council shell constitute a quorum. Section 3.09 Ordinances (a) An ordinance must be adopted by majority vote of the City Council to accomplish any of the following acts: 1 Adopt or amid an administrative code or establish,elte,or abolish any Qty department,office,or icy. 2. Provide for a fine or other penelty,or establish a rule or regulation for violation of which a fine or other penalty is imposed. 3. Levy tam. 4. Grant,renew,or extend a franchise. 5. Flegulate the rate charged for its services by a public utility. 6. Authorize the borroNing of money. 7. Convey,leap,or authorize the comeyanoe or lease of any lands of the city. 8. Adopt without annendment ordinances proposed under the initiative power. 9. Amend or repeal any ordinance previously adopted,except as otherwise provided in this Charter with respect to repeal of ordinances reconsidered under the referendum power. 'D. 5t# fees, rates,and charges. 11 Acts other than those referred to in (1j through('D) above may be accomplished by ordinance, resolution, or rote of the Council unless by lavv of specific provision of this Charter requires that they be enacted by ordinance. Section 3.10 Procedure for Enactment of Ordinances (a) Each proposed ordinance shall be introduced in written or printed form,aid the enacting clause of all ordinances shall be"BE IT ORDAI N®BY THE CI TY COUNCI L OF THE CITY OF KENN®ALE', but such enacting clause may be omitted when the ordinances of the City are codified and published in book or pamphlet form by the Qty of Kennedale.All ordinance, resolutions,or orders may be passed at any regular meetings or at any special meetings called for that purpose Rior notification of all meetings shall be made to the public and the press in accordance with the requirements of gate Laiv. (b) Froposed ordinances shall be published in the official medium as provided by gate Lair.All such ordinances may be admitted and received in all courts,subject to the rules of evidence and laws of jurisdictions where proof of such ordinances is tendered,without further proof.All meeting and ordinances shall be governed in strict accordance with gate Lair. Section 3.11 Authentication,Recording, Codification, and Printing (a) Authentication and F3scording.The City Sbcretay shall record in full,211 ordinances and resolutions adopted by the City Council.This record shell be authenticated by the signature of the City Secretary. (b) Codification.The City Council shall provide for the preparation of a general codification of 211 City ordinances and resolutions having the force and effect of laAt.The general codification shall be adopted by the City Council by ordinance,and shall be published promptly in bound or loose-leaf form with this Charter and any Ia Ats of the State of TeDes and such codes or technical regulations and other rules and regulations as the City Council may specify. This compilation shall be known and cited officially as the"City Code of Kennedaie,Te.,4EC.Copies of the code shall be furnished to the city officers, placed in public places for free public reference,and made available for purchase by the public at a price determined by the City Council to be sufficient to cover costs. ARTICLE IV: MUNICIPAL ELECTIONS Section 4.01 City Council Places and Teens (a) The City Council shall be divided into the Mayor and places 12,3,4 and 5. Ea:h position shall be filled by a qualified citizen from the City at large by a majority vote cast by qualified voters. (b) Each place shall be for a two year term.The Mayor and Council member for places 2 and 4 shall be elected in even numbered years.Council members for places 13,and 5 shall be elected in odd numbered years. Section 4.02 Annual Elections (a) All general and special elections shall be held in accordance with the IaAvs of the of the State of TexB regulating the holding of municipal elections and in accordance with this Charter and ordinances or resolutions adopted by the Council for the conduct of elections.The Council shall appoint the election judges and other election officials in the City elections and for all other expenses in holding said elections.The election judges shall make provisions for the recount ballots in case of doubt or fraud.They shall also be authorized to prevent unlauvful practices such as Electioneering or loitering neEr voting places. (b) Sbrnple ballots identical to the voting format for the election shall be posted in the voting place for the beet of the voters. Section 4.03 Political Activities (a) No employee of the City may campaign for or against any issue while serving in his/her official capacity;nor influencethe nomination,election,or defeat of any candidate for Mayor or Council member;or campaign for or against the recall of the Mayor or Council member. His provision shall not prohibit the ordinary exercise of the right to epress opinions and to vote. (b) No candidate for municipal office may solicit the support,the endorsement,or the financial contributions of any City employee Section 4.04 Qualifications for Candidacy and Holding Office (a) Each member of the City Council, including the Mayor,shall meet the following qualifications; (1j Be a registered vote' of the Qty; (2) Have resided in the Qty for one(1j year before the date of election; (3) Continue residency in the Qty during the term of offices (4) Not hold more than one public elective office (5) Not hold an 2ppointed office of the City exduding boards,committees,and commissions; (6) Be A least 21 years of age; (7) Not have been determined mentally incompetent by a final judgment of a court;and(8) Not have been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting dis2bilities. (b) No candidate may file for more than one office or position number per election. Section 4.05 Canvassing of Elections and Declaration of Results Returns of every municipal election shall be delivered forthwith by the election judges to the City Sacretay with a copy of the returns being sent to the Mayor.The Council shall canvass the returns, investigate the qualifications of the candidates and decia'ethe official results of the election prior to the first regular Council meeting following delivery of the voted to the City gacretary all in accordance with the Teas Bection Code.The results of effy municipal election shall be recorded in the rninutes of the Council.The qualified person receiving a moority of the votes cat for any office shall thereupon be declared elected by the said Council.The decision of the council,a;to qualification of candidates,shall be condus oe and final for ail purposes. If a run-off dection is necessary, it shall be scheduled in accordance with State Lair. ARITCLE V: MUNICIPAL ADMINISTRATION Section 5.01 City Manager The City Council shall appoint a Qty Manage by an affirmative vote of not less than four (4) maTbers of the Council.The City Council shall by majority vote determine and fix the Qty Manager's compensation.The Qty Manager shall be chosen soiely upon the basis of executive and administrative training,e<per ience,and abilities,without regard to political considerations. Neither the Mayor nor any Council Member may be appointed Qty Manager or acting Qty Manager while holding office or for a period of two(2)years after his/her tams has ended. Section 5.02 Temporary Absence or Disability of the City Manager By filing a letter with the City Secretary,the Qty Manager may designate a qualified City administrable office to be Acting Qty Manager during any absence of the Qty Manager.Sack designee shall be approved by the City Council. If the Qty Manager fails to make such a designation,the Council shall appoint an acting Qty Manager to serve during such times.The Acting Qty Manager may be removed by a rroority vote of the City Council. Section 5.03 Removal of the City Manager The City Council,acting in its sound discretion, may suspend or remove the Qty Manager at any time by an affirmative vote of not less than four (4) me fibers of the Council.The City Council shall give the Qty Manager written notice for removal and/or suspension and give the Qty Manager an opportunity to respond. Upon written request of the Qty Manager,the Qty Council shall schedule a public hearing and provide the Qty Manager an opportunity to present a defense against any accusations made.The City Council shall not arbitrarily or capriciously suspend or remove the Qty Manager, but its decision in such matters shal l be final. Section 5.04 Duties and Powers of the City Manager The Qty Manage shall be responsible to the City Council for the proper administration of ail the affairs of the Qty. Pa ponsi bi l ities of the Qty Manager shall i ndude the following (a) Eft as otherwise provided in this Chaste,appoint,suspend,layoff,denote,or remove any directors or heads of administrative departments,or any other administrative officers, or employees of the Qty. (b) Sipervise and control directly or indirectly ail administrative departments,agencies,officers,and employees. (c) Attend all City Council meetings with the right to take part in discussions but have no vote.-Scheduled absences shall be with prior approval of the Mayor. (d) Prepare and submit the proposed annual budget,and be responsible for its administration after it is adopted. (e) Sibmit to the City Council a report at the end of the fiscal year on the finances and administrative activities of the dty for the preceding yea. (f) Keep the City Council advised of the financial condition and the future needs of the City,and make such remmmendations to the City Council on matters of policy and other matters es may seem desirable. (g) Combine,abolish,or create administrative departments subject to the approval of the City Council. (h) Have such other powers and perform such other duties as prescribed by this Chaste and the City Council, in accordance with gate Law. Section 5.05 City Departments There shall be such departments as are established by this Chaste or as may be established by ordinanoa.All departments shall be under the control and direction of the Qty Manager unless otherwise provided in this Charter. The head or director of each department may serve as a chief of a division within that respective department.The Qty Manager may appoint one person to serve es the head of two or more departments.V\ith the consent of the City Council, the Qty Manager may serve as the head of one or more such departments, Section 5.06 City Secretary The City Council shall appoint the City Secretary by an affirmative vote of not less than four (4) member s of the Council. The City Council shall by a"ority vote determine and fix the City Sacreta y's compensation.The City Secretary shall be the derical officer of the City Council,and shall keep the minutes,agenda,ordinances,attendance record,and other official records of the City Council and the Qty.The City Secretary shall be the custodian of the official seal of the City,and shall ha/e such other duties and powers prescribed in this Charter and by the City Council. In addition to the responsibilities stated in this Charter,the Qty Manager will designate administrative duties to be performed by the City Secretary. Section 5.07 Removal of City Secretary The City Council,acting in its sound discretion, may suspend or remove the City Secretary at any time by an affirmative vote of not less than four (4) merrnbers of the Council.The City Council shall give the City Secretary written notice for removal and/or suspension and shall give the City Secretary an opportunity to respond. Upon written request of the City Secretary, the City Council shall schedule a public hearing and provide the City Secretary an opportunity to present a defense against any accusations made.The City Council shall not arbitrarily or capriciously suspend aid/or remove the City Sbcretary, but its decision in such matters shall be final. Section 5.08 City Attorney The City Council shall appoint a City Attorney who shall serve at the discretion of the Council and whose cor pensation shall be fixiad by the City Council.The City Attorney shell be licensed to practice law in the State of Teas.The City Attorney shall be the legal advisor of the City Council and office;and departments of the City.The City Attorney shall represent the Qty in all legal proceedings,aid shall perform any other duties prescribed by this Cha'ter,ordinance or the City Council.The Qty Attorney designated may be an individual,partnership or professional corporation composed of individuals licensed to practice law in the gate of Teas. Section 5.09 Special Counsel The City Council shall have the authority to retain special counsel for specific purposes. ARTICLE VI: FINANCE Section 6.01 Fiscal Year The fiscal year shall begin on the first day of October aid end on the last day following Sept ember. Section 6.02 Budget (a) Submission of the Budget.On or before the first day of August each yea',the Qty Manager shall submit to the City Council a balanced budget for the ensuing fiscal year designed to meet the goals and objectives of the Qty Council and provide a Budget message. (b) Budget Message.The budget message shell eplain the budget both in fiscal tams and in tams of work programs for the ensuing fiscal year. It shall outline the proposed financial policies of the City and shall include such other miaterial as the Qty Manager deems necessay. (c) Budget Contents.The budget shell contain the following: I Comparative figures for the estimated income and eqxnditures for the ensuing fiscal year compared to the combination of:actual income aid expenditures through,the latest complete amounting period that information is available for at the commencement of budget preparation,aid the estimated income aid epeiditures for the incomplete portion of the current fiscal year. 2. The proposed egeiditures of each office,department,or function. 3. A schedule showing the debt service requirement due on all outstanding indebtedness aid on any proposed debt. 4. The source or basis of the estimates. 5. The total of the proposed apenditurs which shell not exceed the total esti mated income and the balance of avai lable funds. 6. The budget message which shell include a forecast of a five-year estimate of revenues aid ependiturs and ai explanation of its effect on taxetion.The source or basis of the estimates shall be a part of the forecast. 7. Such other information as may be required by the Council or deemed desirable by the Qty Manager. (d) Public Hearing on the Budget.The Council shall hold one or more public hearings on the proposed budget prior to thefinal adoption. (e) Adoption of the Budget.The City Counci l shal l adopt the proposed budget,with or without amendment,after public hearings aid before the first day of the ensuing fiscal year.Should the Council take no final action before the first day of the ensuing year,the amounts appropriated for the current fiscal year shall be deemed adopted on a month to month basis. Fnai adoption shell constitute appropriation of the eqxnditures proposed from funds so indicated. (f) Adjustments after Adoption. During the fiscal year,the City Council shell have the power to make budget adjustments Ependiturs that could not, by reasonable thought and attention, have been included in the original budget,may be authorized by the City Council.All such authorizations by the City Council shall be filed as annandments to the original budget, including the reasons for such amendments. (g) Defects in the Budget. Defects in the form or preparation of the budget or the failure to perform any procedural requirements shell not invalidate any tac levy, now shell it invalidate the tax roil. Section 6.03 Monthly Financial Reports The Qty Manager shall present a monthly financial report and such additional information as may be required by the Qty Council.Al income and egenses for the preceding month aid for the year to date shell be shown,and shall be compared to the fiscal budget.The City shell provide copies of the monthly financial reports to the public at cost,upon request. Section 6.04 Annual Audit The Qty Council, by a majority vote of the entire Council,shall select and contract with a municipally oriented certified public accounting firm for the purpose of rendering an independent audit of all accounts and other financial records of the City government.The personnel of the firm conducting the audit shall not hold any public office in the Qty nor have any personal interest,direct or indirect, in the fiscal affairs of the City government or any of its offices.After completion of any audit of the Qty,the auditor shall prepare a report,and shall submit the report to the City Council,within one hundred twenty(10) days after the end of the fiscal year.The City shall provide copies to the public at cost, upon request. Section 6.05 Indebtedness The City shall have the right to issue and refund general obligation bonds, revenue bonds,and other evidence of indebtedness as is now permitted or as may be hereafter authorized to be issued by a Home Rule Qty in the State of Tee. All bonds of the Qty that have been issued,sold,and delivered to the purchase shall be incontestable (a) General Obligation Bonds,The City shall have the power to borroN money through general obligation bonds,which shall constitute direct and general obligations of the Qty, payable from ad valorem taoces levied against all taxable property located therein,within the limits prescribed by lannr of this Charter. (b) Fbvenue Bonds,The City shall hae the power to borrow money for constructing,purchasing, improving,ekending, or repairing public utilities, recreation facilities,or any other self-liquidating municipal function not prohibited by state lauv.Such borrowing shall be implemented through revenue bonds that are payable, both as to the principal and interest,solely from and secured by a first lien on and pledged from the income,or both,after deduction of reasonable operating and maintenanoe egenses as required by lannr.The holders of the revenue bonds shall never have the right to den-end payment thereof from monies raised or to be raised by taxation. (c) Snort Term Borrowing.The City may borrow fund on the credit of the Qty for a term not to ecceed one year. Such obligations must be retired by the end of the budget yeEr in which they were issued. (d) Certificates of Obligation.The City shall have the power to issue Certificate of Obligation in accordance with the la Ats of the State of Tee. If, prior to the date tentatively set for the authorization of the issuance of the certificates,a petition signed by five percent (5%) of the qualified votes of the Qty is filed with the City Secretary protesting the issuance of such certificates,the City shall not be authorized to issue certificates for such purpose unless the issuance thereof is approved at an election called, held,and conducted in the manner provided for bond el ections by the laws of the Sate of Taxes. ARTICLE VII: REVENUE AND TAXATION Section 7.01 Municipal Taxes All taxes due to the City shell be payable at the office of the Tax Collector,who shell be designated by the Council,and may be pad at any time after the tax rolls for the year have been completed and approved,which shell be no later than October f.Taxes shell be pad on or before knuay 3f,of each year following the year for which the to es are lased,and ell such taxes not pad on or prior to such date shell be deerned delinquent and shell be subject to such penalty and interest as prescribed by gate lave.The Council may provide further by ordinance ell taxes,Either current or delinquent,due the city may be pad by installments. Failure to levy and assess taxes through onission, in preparation of the approved tax roll,shell not rdieve the person,firm,or corporation so omitted from obligation to pay such current or past due taxes as shown to be payable by recheck of the rolls and receipt for the years in question. Section 7.02 Power to Tax The Coundl shell have the power granted to municipalities by the Constitution and laws of the gate of TeDes to levy,assess and collect laArful taxes on property within the territory of the Qty, not to exceed the maodmum limits set by the Constitution and hats of the gate of Texas or restricted by this Charter. Section 7.03 Appraisal and Assessment of Real Property All taxable property situated within the corporate limits of the City on the first day of knuay of each year, not epressiy eempted by larv,shell be subject to yearly taxation by the City.As prescribed by gate Lave,the assessed value of such property shell be One-Hundred(1)0) percent of its appraised value on,bnua y 1 as determined by the Tarrant Appraisal District or its successor. Section 7.04 Tax Rate The tax rate shell be calculated, publicized and adopted in accordance with the State Property Tao(Code. Section 7.05 Election to Repeal Tax Increase If the City Council adopts a tax rate that exceeds the Fbll Bade Rate,the qualified voters of the Qty, by petition, may require that an Election be held to determine whether or not to reduce the tax rate adopted for the current year to equal the F3nll Bad(Fate.3ach petition is valid if it complies with State LaN. Section 7.06 Tax Exemptions and Abatements (a) The City Council may pass, by ordinance,exernptions and abatarients as provided by gate LaAt. Exemptions and abatements shell include, but not be limited to,over 65 eeWtions,disabled aernptions,and tax abatements. (b) The Tarrant Appraisal District shell prescribe the method and manna in which such exernptions maybe secured by qualified property owner9s0 according to gate Lave. Section 7.07 Tax Payments All taxes due the City shell be payable in legal tender to the Qty or its agent,and shell become due and payable upon receipt of the tax bill.Such taxes shell be ddinquent if not pad before Februery 1 of the year following the year in which imposed. The interest and penalty on ddinquent taxes shell be assessed as provided by gate LaAt. Section 7.08 Tax Liens and Liability (a) Peal and Persona Property.On knuay 1 of each year,a tax lien in favor of the City atta Ines to a property to secure the payment of ell taxes, penalties,and interest ultimately imposed for the year on that property,whether or not the taxes are imposed in the year the lien attaches.The lien shell have priority over ell other dams except as provided by laAt. (b) Business and Non-Business Personal Property. Upon securing a tax warrant as provided by gate LaAt,the City may seize,and take possession pending the sale of,as much of any business persona property,or certain non-business taxable property as may be reasonably necessary for the payment of ell taxes, penalties,and interest owed,as well as ell costs of seizure and sole. ARTICLE VIII: BOARDS AND COMMISSIONS Section 8.01 Boards&Commissions—General (a) In addition to the boards and commissions established by this Charter,the City Council shell be arponrered to create additional boards and commissions.ssions. Each appointed member of the Boards and Camnissions of the Qty shell meet the following qualifications (1j Be a registered voter of the Qty, (2) Snell have resided in the Qty for one year,and (3) Continue residency in the Qty during the term of office. (b) The City Secretary shell provide application forms to ell qualified citizens who epress interest in serving on the boards and=nnissions All such applicants shell receive due consideration by the City Council hoNever,the Qty Council may select and appoint any qualified person. (c) The City Council shell have the authority to remove any appointee from any board or conTrission. (d) The City Council shall by ordinenoe set the size,quorum, length of tams,rules of order aid organization of each Qty board and comnnission. Section 8.02 Planning&Zoning Commission A Raining and Zoning Commission shall be Established to advise and formulate recommendations to the City Council for the improvement,planned growth, health,safety and well-being of the City.The duties and powers of the Raining&Zoning Commission shall include the following: (a) To prepa'e and recommend for approval by the City Council,a long range comprehensive city plan for the orderly physical development of the City,and to reviEw and make recommendations for revisions to the Qty Ran as necessary, but such review shall be made no less frequently than once eer y five yeers. (b) To reviEw proposed changes in zoning districts and make recommendations to the City Council, in amordenoe with procedures for such reviEw as established by ordinanoa (c) To re\AEw and approve or deny proposed platting or subdivision of land within the City and its ekraterritorial jurisdiction, in accordance with procedures established by ordinenoe and gate Larv. (d) Any other duties or powers assigned to the Commission by ordinanoe. Section 8.03 Zoning Board of Adjustment (a) A Zoning Beard of Adjustment shall be established to hear appeals from any aggrieved person,entity or by,any officer,department or board of the City affected by any decision pertaining to zoning. (b) The Board of Adjustment shall have all powers granted by,and shall be controlled by the provisions of State LaAt. The Beard vested with the power and authority,and in appropriate cases and subject to appropriate conditions and safeguards,to make such varienoes,Exemptions and Exceptions to the terms of appropriate ordinances in harmony with their special rules therein contained for the purposes of rending full justice and equity to the general public. The City CoundI shall establish, by ordinance,Zoning Beard of Adjustment procedures for accepting,hearing and acting upon appeals. Section 8.04 Parks&Recreation Board A Parks and Recreation Board shall be established to alvise and formulate recommendations to the City Council for the use, improvement and growth of parks and recreation activities within the city. ARTICLE IX: MUNICIPAL COURT Section 9.01 Establislnnent of the Municipal Court A municipal court, known as the"Municipal Court of Kennedaie, Taei;' is hereby established.The Municipal Court shall have the jurisdiction,powers,and duties given and prescribed by the laws of the gate of Taos.The City Council shall have the power to create and establish by ordinance additional municipal courts. Section 9.02 Fines,Fees, and Costs All fines, penalties,fees,or costs collected by the Municipal Court shall be deposited in the Qty treasury. No fee or costs shell be charged acept those authorized by:fate Law. Neither the compensation of the Judge of the Municipal Court,nor of any full or part-time employee of the City,shall be based upon a percentage of the fines imposed by the Municipal Court. Section 9.03 Judge of the Municipal Court The City Council shall appoint a Judge who shall be known as the"Judge of the Municipal Court".The Judge shall be appointed for a two(2) yeer term. In order to be appointed,the Judge must be a resident of the:fate of Tees The Qty CoundI shall fix the compensation for the Judge.The City Council,aging in its sound discretion, may suspend or remove the Municipal Judge at any time by a majority vote of the entire Council.The City Council shall give the Municipal Judge written notice for removal and/or suspension and give the Municipal Judge opportunity to respond. Upon written request of the Municipal Judge,the City CoundI shall schedule a public hearing and provide the Municipal Judge an opportunity to present a defuse against any accusations made The City Counci l shall not 2rbitraily or capriciously suspend or remove the Municipal Judge,but its decision in such mutters shall be final. If for any reason the Judge is unable to at,the City CoundI shell either declare the office va ant,or appoint a tarporay Judge to serve until the Judge is able to act. If the office of the Judge is declared vaunt, it shall be filled by appointment by the City Council in accordance with this Suction. Following appointment the Judge must meet all educational or other qualifications as prescribed by State law.The City Council may also appoint such alternate Judges as necessary.All alternate Judges must meet the same qualifications as the Judge of the Municipal Court. Section 9.04 Clerk of the Municipal Court The Qty Manager shall appoint a derk who shall be known as the"Clerk of the Municipal Court".The Clerk of the Municipal Court shall keep the records and the proceedings of the Court, issue all processes,and generally perform all the duties prescribed by law for clerks or such courts,insofar as those duties are applicable. Section 9.05 City Prosecutor The Qty Council shall appoint a City Rosecutor who is licensed to practice law in the Skate of Tex .The City Council shall fixthe compensation for the City FRosecutor and determine the length of time for appointment.The City Rosecutor may be an individual,partnership or professional corporation composed of individuals licensed to practice law in the gate of Tes. ARTICLE X: FRANCHISES AND PUBLIC UTILITIES Section 10.01 Franchise Power of the City In addition to the City's power to buy,construct, lease, maintein,operate,and regulate public utilities within and without the Qty limits,and to manufacture, distribute and seal the commodities or products of such utility operations required by the public,the City shall have such further powers as may nor or hereafter be granted under the Constitution and laws of the State of Tee. Section 10.02 Power to Grant Franchises The City Council shall have the power by ordinance,after public hearing,to grant, renew,and extend all franchises for all public utilities of every character operating within the City and,with the consent of the franchise holder,to annend the same, provided,however,that no franchise shall be granted for an indeterminate term,and that no franchise shall be granted for a term of more than twenty(20) years from the date of the grant, renewal or extension.Council action on 211 ordinances granting,renewing,extending,or annending a public utility franchise shall comply with the applicable provisions set forth in Section 3.1D of this Charter. Section 10.03 Exclusiveness of Franchises No grant or franchise to construct, maintain,or operate a public utility and no renewal or extension of such grant shall be adusive. Section 10.04 Transfer of Franchises No public utility franchise shall be transferable except by the approval of the City Council e�pressed by ordinance following a public hearing.The term"transferabld',as used heren,shell not be constructed in such a manner as to prevent the franchise holder from pledging said franchise as security for a valid debt or mortgage. Section 10.05 Extensions of Public Utilities All edensions of service of public utilities within the Qty limits shall become a part of the aggregate property of the public utility,shall operate as such,aid shall be subject to all the obligations aid reserved rights contained in this Charter and in any original grant hereafter made.The right to use aid maintain any ekension shall terninate with the original grant aid shall be terminable es provided in Section '0.06. In case of an ekension of a public utility operated under a franchise hereafter granted,such right shall be terminable at the same time and under the same conditions as the original grant. Section 10.06 Right of Franchise All grants,removals,edenslons,or anndndments of public utility franchises shall be subject to regulation by the City Council. The City Council, by ordinance,shall have the following powers: (a) To repeal the sane by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise,such power to be excercised only after due notice and hearing. (b) To require an adequate ekension of plant and service as is necessary to provide adequate service to the public and maintenanoe of the plant and fi)dures at the highest reasonable standa'd of efficiency. (c) To impose regulations that insures safe,efficient and continuous service to the public. (d) To require at any time such compensation and rental as may be permitted by the laws of the gate of Tee. (e) To require the franchise holder to restore at the franchise holder's eqx nse,all public or private property to a condition equally as good or better than before disturbed by construction, repair or removal.The franchise holder in opening and refilling of all eErth opening shall rerlay the pavement and do all other work necessary to complete restoration of streets,sidewalks or grounds to a condition equally as good or better as when disturbed. (f) To require every franchise holder to furnish within a ruble time to the Qty,without cost to the Qty,a general map,with updates outlining the location,cheiacter,size, length,and terminals of 211 facilities of such franchise holder in,over,and underground of property in the City and to provide detailed information on request. Section 10.07 Records and Accounts The City Council shall periodically examine,and may, if deerned appropriate,request and audit the records of all franchise holders and municipally owned public utilities.The City Council shall also demand that all franchise holders and municipally owned public utilities keep a standard system of accounting and furnish reports on the local operations of the utility.Such reports shall be prepared in such form and contain such information es the Qty Council shall prescribe. Section 10.08 Sale of Municipal Services The Qty Council shall have the power and authority by ordinance to sell and provide such public sevioes as may be beneficial to the Qty. Section 10.09 Ownership and Control of Streets,Etc. The sole right of control and use of the public street,sidewalks, highways, bridges,alleys, public plates,and other reel property of the Qty is hereby declared to be inalienable.The City Council may prohibit the use of any property or right of way within the Qty limits to any public utility,whether the use be under,over,or on such property. Section 10.10 Regulation of Rates The Council shall have full power after due notice and hearing to regulate by ordinanoe the rates,charges and fares of all public utility franchise holders operating in the Qty, provided that no such ordinanoe shall be passed as an erne gency measure. Upon receiving a request from a public utility franchise holder requesting a change in rates,the Council shall call a public hearing for consideration of the change All such franchise holders who shall request an increase in rates,charges,or fares shall have,at the hearing of the Council called to consider such request,the burden of establishing by deer,conpetent, and convincing evidence the value of its investment property allocable to service in the City,and the annount and character of its eqx nses and revenues connected with the rendering of such service. If, upon such hearing,the Council is not satisfied with the sufficiency of the ekAdenoe furnished, it shall be entitled to call upon such public utility for the furnishing of additional esdenoe at a subsequent date to which slid hearing may be adjourned. No public utility franchise holder shall institute any legal action to contest any rate,charge,or fare fixed by the Council until such franchise holder has filed a motion for rehearing with the Council setting out each ground of its complaint against the rate,charge,or fare fixed by the Council,and until the Council shall have acted upon the motion within a reasonable time, not to acoeed s>dy(60) days from the filing of such motion for rehearing;provided,that the Council may by resolution ekend such time of acting on said motion for rehearing s)dy(60) days to ninety(90) days.The Qty shall have the power to employ at the apense of the franchise holder,apert assistance and advice in deterrrining a reasonable rate and equitable profit to the franchise holder. Section 10.11 Discrimination The Qty Council shall prevent unjust discrimination in service or rates by all franchise holders. Section 10.12 Franchise Records The City shall compile and maintain a public record of utility franchises. Section 10.13 Franchises Granted Before Ratification of This Charter All franchises granted before the ratification of the Charter are recognized as contracts between the City and the grantee, and the contractual rights contained in any such franchise shall not be impaired by the provisions of the Charter. ARTICLE XI: INITIATIVE, REFERENDUM, AND RECALL Section 11.01 Initiative The qualified voters of the City shell have the power to propose any ordinance,ecoept an ordinance related to zoning,the appropriation of money or the authorization of the levy of taxes or one repealing such an ordinance,and to adopt or reject the same ordinance at the polls,such power being known as"initiafivEl'.Any initiated ordinance may be submitted to the City Council by a petition signed by qualified voters equal in number to A least twenty-five(25) percent of the votes cast in the last regular municipal Election,but not less than two hundred and fifty(250) signatures.Such initiated ordinance may be passed by the City Council without change,or may be submitted to the voters at an Election called for that purpose. Section 11.02 Referendum The qualified voters of the City shell have power to require reconsideration by the City Council of any adopted ordinance, acoepting those ordinances rElating to zoning,that appropriation of money or the levy of taxes,such power being known as "referendum'. In the submission of a petition for referendum,the number and qualifications of petition,aaCept that referendum petitions must be filed with the City S3cretary within sixty(60) days after the effective date of the ordinance that is the subject of the referendum.Men such petition has been certified as sufficient by the City SOcretary,the ordinance specified in the petition shell not go into effect,or if it has gone into effect,further enforcement or action thereunder shell be suspended unless and until such ordinance is approved by the voters as provided herein. Section 11.03 Recall The qualified voters of the City shell have the power to recall any Elected official of the City and may ecercise that power by filing with the City Secretary a petition containing the same number of signatures and qualifications as required for an initiative petition under this Charter. If the petition is certified by the City Secretary to be sufficient,the City Council shall cell an Election to determne whether the official named in the petition shell be recalled.The Election shell be hdd no earlier than thirty(30) days after the City Council receives the petition, nor no later than the nek special Election as elloNed in the TeDes Bection Code. Section 11.04 Results of Recall Election If the majority of the votes cast in a recall Election are for the recall of the officer named on the ballot,the City Council shell immediately declare that office vacant,and the vacancy shell be filled in accordance with the provisions of this Charter. Section 11.05 Limitation of Recall No recall petition shell be accepted against an Elected official within six(6) months after taking office,and no official shell be subjected to morethan one recall Election during aterm of offioa Section 11.06 Form of Petitions All papas for any particular petition circulated for the purpose of an initiativP,referendum,or recall shell be uniform in size and style. Initiative petitions shell contain the full tek of the proposed ordinance,and referendum papas shell contain a description sufficient to identify positively the ordinance sought to be repealed.The signatures to initiative, referendum,or recalls petitions need not to be appended to one papa, but all paw that compose a single petition shell be assembled and given to the City Secretary as one instrument with an attached affidavit.The affidavit attached to the petition shell be prepared by the person who files it,and shell beer the stated number of signatures and a statement to the effect that all signatures appended to the petition are, in his belief,the genuine signatures of the persons whose narries they purport to be. Nam,addresses,and voter registration certificate number s of the signers of such petitions shell be printed adjacent to their signatures. Section 11.07 Filing,Examination, and Certification of Petitions Petitions for initiative,referendum,or recall shell be filed with the City Secretary.V\fthin twenty(20) days after a petition is filed,the City Secretary shell determine whether the petition has been signed by a sufficient number of qualified voters, whether it has a proper,attached affidavit of the person who filed the petition and whether it otherwise meets the procedures of this Charter and other laNs.After completing an acumination of the petition,the City Secretary shell certify the results to the City Council A its nek regular meeting. If the petition is insufficient the City Secretary shell set forth in a certificate the reasons for its insufficiency,and shell A once notify the person who filed it of the findings. Section 11.08 Amendment of Petitions An initiative,referendum,or recall petition certified insufficient for lack of the required number of valid signatures or due to inadequate form or content may be aided once if the Fletitioner files a notice of intention to aid it with the Qty S3cretay within five(5) days after receiving the copy of the certificate aid files a supplementary petition must be signed and filed as provided for in the original petition.The carne procedures established for an original petition shall there be followed by the City Secretary and City Council.The findings of the insufficiency of a petition shall not prejudioe the filing of a new petition for the same purpose. Section 11.09 Consideration by the City Council Menever the City Council receives a certified initiative or referendum petition from the City Sacretay, it shall proceed at once to consider such petition.A proposed initiative ordinance shall be considered in a public hearing held by the Qty Council.The City Council shall take final action on an initiative or referred ordinance not later than thirty(30) days after the date on which it was submitted to the City Counci l by the City Secretary. Section 11.10 Submission to Voters If the City Council falls to pass an ordinance proposed by initiative petition in the exit form proposed,or it falls to repeal a referred ordinance,the ordinance shall be submitted to the voters not less than thirty(30) days from the date the Qty Council takes its vote,or not later than the special election date as allowed in the TeDes Bection Code, Section 11.11 Results of Election V\hen a"ority of the votes cwt on a proposed ordinance are favorable, it shall become an ordinance of the Qty, upon certification of the election results.A referred ordinance shall be approved by a n-Oority of the voters. If conflicting ordinance are approved by the voters at the sane elections,the one receiving the greatest number of affirmrtive votes shall prevail to the e ent of such conflict. ARTICLE XIL GENERAL PROVISIONS Section 12.01 Public Meetings Meetings of all elected commissions and all boards or commissions appointed by the City Council shall be open to the public in accordance with the huts of the gate of Tee. Meetings of the City Council shall be hdd in accordance with provisions of this Charter. Minutes,transcriptions and recordings of all public meetings shall be archived ax:ording to gate law and shall be public records. Section 12.02 Public Record Municipal records shall be available for public inspection during normal business hours,in axordanoe with state law.The cost,to any person requesting nonoertified reproductions of public records,shall be established by the City Council. Section 12.03 Effective Date of This Charter This Charter shall become effective on and after the date and time of the first meeting of the City Council following the election at which a majority of votes cast by qualified votes of the City affirms adoption of this Charter.The City Council shall, immediately after canvassing slid election,declare by resolution that this Charter is adopted.The City Council shall then order that this resolution be recorded upon the records of the Qty of Keinedaie,Text,aid the records of the cbyetary of Ted,as prescribed by the laAvs of the State of Terms. Section 12.04 Effect of Charter on Existing Law All ordinances,resolutions,rules aid regulations in force in the City of the effective date of this Charter,aid not in conflict with this Charter,shall remain in force until altered,amended or repeeled.All to Es,assessments, liens,eicumbranoes and derends,of or against the City,fixed or established before such date,or for the fi>ang or establishing of which proceedings have begun at such date,shall be valid when properly fixed or established Either under the law in force at the time of beginning of such proceedings or under the Ia tv after the adoption of this Charter. Section 12.05 Continuation of Present Offices All persons holding administrative office at the time this Charter takes effect shall continue in office and in the performenoe of thdr duties until provision shall have been made in aecordanoe therewith for the performance of such duties or the discontinuance of such office.The powers conferred and the duties imposed upon any office,department or agency of the Qty by the laws of the gate shall, if such office,department or agency be abolished by this Charter or under its authority, bethereafter e rdsed and discharged by the office,department or agency designated by the Council unless otherwise provided herein. Section 12.06 Amendments to this Charter Amendments to this Charter may be formulated and submitted to the votes as provided by:fate Lauv. Section 12.07 Conflict of Interest Offices or employees of the Qty having a direct or indirect interest in any proposed or e�asting contract, purchase,work, sale,or service to,for,or by the City shall not vote or render a decision,or use thdr personal betterment,financially or otherwise,to any degree. Every elected office shall publicly disclose any such interest upon assumption of office or prior to consideration of any such mattes.Any office or employee who willfully conoeals such interest or willfully violates the requirements of this section shall be guilty of malfeasanoe in office or position,and shall forfeit the office or position. Violation of this section contracting with or making a sale to the City shall render such contract or sale voidable by the Qty Manage or City Council. Section 12.08 Nepotism (a) No member of the serve household of a Qty Council member or the Qty Manage of the City shall be employed in a paid position for public service to the Qty,except as permitted by:fate Lauv. (b) No person rdated to a member of the City Council or the Qty Manage of the City shall be employed in a paid position for public service to the Qty if such kinship is dose than the second degree by marriage or the third degree by consanguinity,exert as permitted by State Lanr. Section 12.09 Guarantee of Funds The City Council shall require that the depository or depositories holding ail public funds shall pledge eligible securities or surety bonds against said funds to the ekeit of the total of such funds held by each and ever depository in axordanoe with the laAvs of the State of Team. Section 12.10 Notice of hljury or Damage Before the Qty of Keinedale shall be liable for darsges for the death or personal injuries of any person or for darege to or destruction of property of any king that does not constitute a taking or damming of property under the Constitution of Tees,the person injured,or if deceased, his or her representatives shall give the City Council or Qty Manage notice in writing of such death, injury,dame,or destruction,duly verified by affidavit,within thirty(30) days after same has been sustained.Such written notice shall state specifically when,where,and how such death, injury,damage or destruction occurred;the apparent extent of any such injury;the amount of darrges sustained;the street and number of the actual residenoe of the claimant at the date the claim is presented;the actual re§dence of the claimant six months preceding the oocurrenoe of such death, injury,darregQ or destruction and the names and addresses of 211 witnesses upon whom it is relied to establish the daim for damages.The feilure to so notify the Qty Council or Qty Manager within the time and manner specified herein shall awerate, excuse,and ae ript the Qty from any liability whatsoever. No act of any officer or employee of the City shall wave complianoe or stop the Qty from requiring corplianoe,but the provision may be waved by resolution of the City Council,made and passed after the expiration of the thirty(30) day period herein provided and ekAdenced by minutes of the Qty Council. Section 12.11 Official Medium The City Council shall, by resolution,designate a local legal newspaper or newspapers of general circulation in the City as the official nen1spape'(s) for publication of official business.All ordinances,notices,and other melters that are required to be published officially by this Charter,ordinances of the Qty,or the laws of the State of Tee shall be publicized in sad medium. Section 12.12 Gender of Wording The gender of wording used throughout this Charter shall be interpreted to mean either sex Section 12.13 Qualified Voter The word"voter",as referred to in this Charter,shell be defined as an individual who meets the requirements of 30 days residency in the Qty of Kennedele,Texas,and is a registered voter in the gate of Texas. Section 12.15 Official Oath of Office (a) Before taking the oath or affirmation of office prescribed by this Suction and entering upon the duties of office,ell elected officials of the City shell subscribe to the following statement: , do solemnly swear(or aJWrm) that I have not directly or indirectly paid, offered,promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment, for the giving or withholding ofa vote at the election at which I was elected so help me God." (b) Before taking the Bath or affirmation of office prescribed by this section and entering upon the duties of office,ell appointed officials of the City shell subscribe to the fol lowing statement: "I, , do solemnly swear(or affirm) that I have not directly or indirectly paid, offered, or promised to pay, contributed, or promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or confirmation thereof, so help me God." (c) Before entering upon the duties of their offioes,ell elected and appointed officials of the City shell take the following oath or affirmation: "I, , do solemnly swear(or affirm) that I will faithfully execute the duties of the office of of the City of Kennedale of the State of Texas and will to the best of my ability preserve,protect, and defend the Constitution and laws of the United States and of this State, and the Charter and ordinances of this city, so help me God." Section 12.16 City Exempt for Appeal Bonds It shell not be necessary in any action,suit,or proceeding in which the Qty of Kennedele is a part of any bond,undertaking, or security to be e�cecuted in behalf of said Qty.All such actions,suits,appeals,or proceedings shell be conducted in the serve manner as if such bond, undertaking,or security had been given;and the City shell be liable as if such obligation had been given and e�cecuted. Section 12.17 Funds Not Subject to Garnishinent No funds of the Qty or within the custody of the Qty of any of its officials in any official capacity shell be subject to garnishment,and the City shell not be required to answer in any garnishment proceedings. Section 12.18 Certification and Submission to Voters Pursuant to the obligations imposed on this Charter Commission by law,said Commission has determined and hereby certifies: (a) That this Charter is a true and correct copy of the Charter prepared by this Charter Commission. (b) That,in the submission of this Charter to the voters, it would be impracticable to segregate each subject for a sepa'ete vote thereon,for the reason that the Charter is so constructed that, in order to eneble it to work aid function, it is neoessay that it be adopted in its entirety,therefore it is submitted so a;to be voted upon as a whole. (c) That the election for this purpose shed be hdd in the City of Kennedde on the 17h day of,bnua y, S98. (d) That the Charter Commission completed its work on the 25"day of Novernbar, 1997. Proposed and submitted to our voters: KENNEDALE HOME RULE CHARTER COMMISSION John Clark, Chairman Charles Gray, Vice Chairman Vicki Thompson George Barrett Bill Abbott Michael H. Bevill John W. Berry Michael Box Roy Boenig Ray Cowan Wayne S. Cordell Sonora Fenoglio Eric Elam Jerry N. Miller Steven Hayes Robert P. Mundy Elmer L. Moseley Tim Smith Steve Radakovich Nita Vaughn ic KENNEDALE You're Here,Your Home www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: December 3, 2015 Agenda Item No: REGULAR ITEMS - B. I. Subject: Review potential areas for changes II. Originated by: III. Summary: The following are comments on the "technical' features of the charter: • 6.02 Budget— consider moving this from August 1 to August 15. TAD is required to submit a tax roll on July 25. • 6.04 Annual audit—consider moving the submission requirement to 180 days rather than 120 days. We are not able to meet the 120 days because of auditor schedules and the 180 days is consistent with GFOA and SEC requirements. • 9.03 judge of the municipal court—The IRS is early in requiring judges to be employees of the city. We have told them no because the judge works a portion of one day a month. I would like to discuss if there is a way to address this in the charter. The IRS also wants the same requirement for a prosecutor. In our case it is through our contract with TOASE for legal services. It is not addressed in the charter nor should it be. • 5.06 city secretary— as a point of reference.....the following is a completion of how city secretaries are appointed across the state: o Appointed by the city manager- 67 o Appointed by the city manager with city council approval - 45 o Appointed by city council - 102 o Appointed by city council with city manager recommendation - 35 o Appointed by mayor with city council approval - 21 o Appointed by city council with mayor recommendation - 1 o Elected - 2 o Not addressed - 13 IV. Recommendation: V. Alternative Actions: VI. Attachments: ic KENNEDALE You're Here,Your Home www.cityofl,cennedale.com STAFF REPORT TO THE BOARD OF DIRECTORS Date: December 3, 2015 Agenda Item No: REGULAR ITEMS - C. I. Subject: Set next meeting II. Originated by: III. Summary: The Committee will set the date and time for their next meeting. IV. Recommendation: V. Alternative Actions: VI. Attachments: