HomeMy Public PortalAboutOrdinance No. 1467-23 02-13-2023 ORDINANCE NO. 1467-23
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, CALLING
A SPECIAL ELECTION FOR SATURDAY, MAY 6, 2023, FOR THE
PURPOSE OF AMENDING THE CITY CHARTER; MAKING PROVISIONS
FOR THE CONDUCT OF THE ELECTION; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills, Texas ("City"), is a home rule city acting under
its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, it is the intention of the City Council to call a special election to submit
proposed amendments to the City Charter to the voters in accordance with Section 9.004 of
the Texas Local Government Code; and
WHEREAS, an election to submit to the voters proposed amendments to the City
Charter is required by law to be held on the uniform election date that occurs 30 days after
the election is ordered and Section 3.005 of the Texas Election Code requires that a
special election be ordered prior to February 17, 2023; and
WHEREAS, Section 41.011 of the Election Code establishes the first Saturday in
May as a uniform election date, and the Council has determined that date sufficient in time
to comply with the requirements of the law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS, THAT:
SECTION 1.
CHARTER AMENDMENT ELECTION CALLED
The City Council does hereby, on its own motion, order a special election to submit
to the voters of the City of Richland Hills proposed amendments to the City Charter. The
proposed amendments to the City Charter are set forth in Exhibit A, attached to this
ordinance and incorporated herein for all purposes and are hereby approved by the City
Council for submission to the voters. The election shall be conducted according to the laws
of the State of Texas, and shall be held on Saturday, May 6, 2023, from 7:00 a.m. to 7:00
p.m. at the Richland Hills City Hall, 3200 Diana Drive, Richland Hills, Texas 76118.
SECTION 2.
ELECTION SERVICES CONTRACT
The Mayor is hereby authorized to execute a contract with the Tarrant County
Elections Administrator(the "Contract")for the purpose of having Tarrant County furnish all
or any portion of the election services and equipment needed by the City Secretary to
conduct the election. The Contract, and election services provided therein, shall conform to
Chapter 31, Subchapter D, of the Texas Election Code and other applicable statutes and
laws.
SECTION 3.
CONTRACT TERMS
The Contract shall provide: (a) the type of electronic voting equipment to be used for
early voting by personal appearance and on election day; (b) notification and training for
election judges and clerks; (c) an estimate and final payment terms for the election services
provided; (d) agreements for early voting equipment and voting machine rental; and (e)
other procedures to conduct the election.
SECTION 4.
COMBINED BALLOTS
Combined ballots may be utilized, containing all of the offices and propositions to be
voted on at each polling place, provided that no voter shall be given a ballot or permitted to
vote for any office or proposition on which the voter is ineligible to vote. Returns may be
made on forms, which are individual or combined, and the Elections Administrator shall be
designated as the custodian of combined records.
SECTION 5.
CHARTER PROPOSITION BALLOTS
The official ballots for the election shall be prepared in accordance with the Election
Code so as to permit the electors to vote "Yes" or"No" on the propositions, with the ballots
to contain such provisions, markings, and language as required by law, and with the
propositions to be expressed substantially as set forth on Exhibit "B," attached hereto and
incorporated herein for all purposes.
SECTION 6.
POLLING PLACE
The polling place for the special election shall be at Richland Hills City Hall, 3200
Diana Drive, Richland Hills, Texas 76118, between the hours of 7:00 a.m. and 7:00 p.m.,
on election day.
SECTION 7.
ELECTION JUDGE
The Presiding Election Judge and Alternate Presiding Election Judge shall be
appointed by Tarrant County as indicated in the Contract and authorized by Chapter 271 of
the Election Code.
Ordinance No. 1467-23, Page 2 of 26
SECTION 8.
METHOD OF VOTING
The City Secretary is hereby authorized and instructed to provide and furnish all
necessary supplies to conduct the special election, in accordance with this Ordinance and
the Election Code.
SECTION 9.
EARLY VOTING
(a) Early Voting by Personal Appearance. Heider Garcia, the Tarrant County
Elections Administrator("Elections Administrator"), is hereby designated as the Early Voting
Clerk for the election as indicated in the Contract. Early voting by personal appearance
shall commence April 24, 2023, and shall continue until May 2, 2023. Early voting main
location will be at the Tarrant County Elections Center, 2700 Premier Street, Fort Worth,
Texas.
Early voting by personal appearance begins on Monday,April 24, 2023, and ends on
Tuesday, May 2, 2023, during the hours listed below:
April 24 — 28 Monday — Friday 8:00 a.m. — 5:00 p.m.
April 29 Saturday 7:00 a.m. — 7:00 p.m.
April 30 Sunday 11:00 a.m. —4:00 p.m.
May 1 — 2 Monday — Tuesday 7:00 a.m. — 7:00 p.m.
(b) Early Voting by Mail. The Elections Administrator shall be responsible for
Early Voting applications and ballots. Applications for early voting by mail may be delivered
to Heider Garcia, Tarrant County Elections Administrator, 2700 Premier Street, Fort Worth,
Texas 76111, not later than close of business on April 25, 2023. Early voting ballots shall
be mailed to the Elections Administrator at the same address. The City Secretary is
directed to forward applications and ballots received to the Elections Administrator as
provided in the Contract.
SECTION 10.
NOTICE
(a) Notice of Election. A substantial copy of this Ordinance shall serve as
proper notice of the special election. Said notice, including a Spanish translation thereof,
shall be posted not later than the twenty first (21st) day before the election on the bulletin
board used for posting notices of meetings of the City Council and shall be published at
least once, not earlier than the thirtieth (30th) day nor later than the tenth (10th) day before
the election in a newspaper published and of general circulation in the City of Richland
Hills.
Ordinance No. 1467-23, Page 3 of 26
(b) Publication of Amendments. Additionally, in accordance with Section
9.004(c) of the Local Government Code, notice shall be published in a newspaper of
general circulation in Richland Hills on the same day, in each of two consecutive weeks,
with the first publication occurring on or before the 14t" day before election day. The notice
shall contain a substantial copy of the proposed amendments.
SECTION 11.
AMENDMENTS
Matters contained in this Ordinance relating to discretionary procedural matters may
be amended by resolution of the City Council.
SECTION 12.
OTHER ACTION
The Mayor and City Secretary of the City, in consultation with the City Attorney, are
hereby authorized and directed to take any and all action necessary to comply with
provisions of the Texas Election Code or other state and federal statutes and constitutions
in carrying out the conduct of the election, whether or not expressly authorized herein.
SECTION 13.
CUMULATIVE CLAUSE
This Ordinance shall be cumulative of all provisions of ordinances and resolutions of
the City of Richland Hills, Texas, except where the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances, in which event the conflicting provisions of
such ordinances and resolutions are hereby repealed.
SECTION 14.
SEVERABILITY CLAUSE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase,
clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Ordinance, since the same would have been enacted by
the City Council without the incorporation in this Ordinance of any such unconstitutional
phrase, clause, sentence, paragraph, or section.
SECTION 15.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage, and it is so
ordained.
Ordinance No. 1467-23, Page 4 of 26
APPROVED AND ADOPTED at a regular meeting of the Richland Hills City Council
on February 13, 2023, by a vote of ~ ayes, 7 nays, and 0 abstentions.
APPROVED:
4rf
THE HONORABLE MAYOR ED. ARD
ATTEST:
i 1.` .flit \ \ r\ :-Y~;
-LINDSAY INSON, CITY SECRETARY
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Ordinance No. 1467-23, Page 5 of 26
EXHIBIT A
RICHLAND HILLS CHARTER CHART 2022 PROPOSED AMENDMENTS
ARTICLE IV. - ENUMERATED POWERS
Sec. 4.01. — Enumerated powers.
The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive,
but, in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise
of such powers, it is intended that the City shall have, and may exercise, all powers of local self-
government, and all powers enumerated in the Constitution and laws of the State of Texas, or any
other powers it would be competent for this Charter specifically to enumerate. All powers of the
City, whether expressed or implied, shall be exercised in the manner prescribed herein, or when
not prescribed herein, then in the manner provided by the laws of Texas relating to cities and
towns. The City shall have the power to cooperate with the Federal Government and its agencies,
with the State Government and its agencies, and with any political subdivision, or agency thereof.
ARTICLE V. - CITY COUNCIL
Sec. 5.01. — City Council.
A. The governing body of the City shall consist of a City Council composed of a Mayor and six(6)
Councilmembers.
B. The Mayor and Councilmembers shall be elected from the City at large. The other members of
Council shall be elected to the office at large, but by specific place, which shall be designated
as Places One, Two, Three, Four, Five and Six.
C. The Mayor and members of the City Council shall be elected for terms of three (3) years and
shall hold office until their respective successors have been elected and qualified. Two (2)
members shall be elected at the regular election held annually on the first Saturday in May,
except every third year where the Mayor and two councilmembers shall be elected, unless the
Council designates an alternative date allowed by State law at least six(6) months prior to the
regular election. In order to affect a transition to three (3)year terms upon the adoption of the
Charter, elections shall be held as follows:
a. The Mayor and Place 2 and Place 4 shall fulfill their two-year terms and be elected to
three (3) year terms upon expiration of the current term in 2024.
b. Place 1 shall be elected to three(3)year terms upon the expiration of the current two-
year term in 2025.
c. The current terms of Place 3 and Place 5 shall be extended one (1) year to expire in
2026, at which time Place 3 and Place 5 shall be elected to a three (3) year term.
d. If approved, Place 6 shall be elected or appointed to serve for a two-year term to
expire in 2025, at which time Place 6 shall be elected to a three (3) year term.
Ordinance No. 1467-23, Page 6 of 26
Sec. 5.02. — Qualifications.
Each of the six Councilmembers and Mayor shall, on the date of the election, be at least twenty-
one (21) years of age, a citizen of the United States of America and a registered, qualified voter of
the State of Texas; shall reside and shall have resided for at least one year preceding the election
for which they are a candidate, within the corporate limits of Richland Hills; and shall not be
disqualified by reason of any provision of any other section of this Charter. A person who does not
possess each of the above qualifications at the time of his/her filing as a candidate shall not be
eligible to be elected to the Council. A member of the Council ceasing to possess any of the
qualifications specified in this section or any other section of this Charter, or convicted of a felony
while in office, shall immediately vacate his/her office. No Councilmember shall hold any other
public office except that of Notary Public, a member of the National Guard or any Military Reserve,
or a retired member of the Armed Services.
Sec. 5.03. — Election.
The regular municipal elections of the City of Richland Hills shall be held on the May uniform
election day of each year or as otherwise provided by state law and shall be conducted in
accordance with State law.
Elections shall be governed in compliance with the Texas Election Code, as amended.
Sec. 5.04. — Election Judges and Other Election Officials.
The election judges, and other election officials for conducting all City elections, shall be appointed
by the City Council or as provided by the Texas Election Code. The election judges shall conduct
the elections, determine, record and report the results as provided by the election laws of Texas.
Sec. 5.05. — Judge of Election.
The City Council shall be the judge of the election and qualification of its own members and of the
Mayor, subject to the courts in the case of contest. The City Council shall, as soon as practical
after the election, in compliance with the Texas Election Code, as amended, canvass the returns
and declare the results of such election. If such election results in a candidate not receiving a
majority of votes cast for that office, the City shall order a runoff election to be held in compliance
with the Texas Election Code, as amended. In the event one of the candidates of the first election
withdraws or dies, a second election shall not be held for that office, and the other candidate for
such office shall be declared elected, and shall be seated.
Sec. 5.06. - Vacancies.
In the event of a vacancy from any cause in the office of Mayor or Councilmember with three-year
terms, and an unexpired term greater than 12 months, the City Council shall order a special
election called for the purpose of filling the vacancy within one hundred and twenty (120) days
after such vacancy or vacancies. However, if a vacancy occurs in the office of Mayor or
Councilmember with an unexpired term of 12 months or less, the City Council may call a special
election to fill the vacancy or may, by majority vote of the Council present, appoint a person to fill
such vacancy until the expiration of the office to be filled, if permitted by the Texas Constitution.
Ordinance No. 1467-23, Page 7 of 26
In the event of a vacancy from any cause in the office of Mayor or Councilmember with two-year
terms, the City Council may call a special election to fill the vacancy or may, by majority vote of
Council present, appoint a person to fill such vacancy until the expiration of the office to be filled, if
permitted by the Texas Constitution.
Sec. 5.07. — City Council Meetings.
The City Council shall meet a minimum of one (1) time per month and more as needed.
Sec. 5.08. — Absence of Mayor and Councilmembers.
A. If the Mayor or a Councilmember has four(4) unexcused absences from a regular city council
meeting in a term, the Mayor or Councilmember may be removed from office by a vote of
majority of the City Council. If removed, the City Council shall declare the office vacant and
proceed to fill the office as in the case of other vacancies.
B. At each regular meeting from which the Mayor or a Councilmember is absent, the City Council
shall determine whether the absence is excused.
Sec. 5.09. — Limitations on Successive Terms
A. A council member who has served as a council member, regardless of place, for three (3)
consecutive terms, shall not again be eligible to become a candidate for or to serve as a
council member until the next general election after the third consecutive term has expired.
This shall not prevent a council member from becoming a candidate for mayor upon expiration
of the third consecutive term as a council member.
B. A mayor who has served as mayor for three(3)consecutive terms as mayor shall not again be
eligible to become a candidate for or to serve as mayor until the next general election after the
third consecutive term has expired. This shall not prevent a mayor from becoming a candidate
for council member upon expiration of the third consecutive term as mayor.
C. A person who has served eighteen (18) consecutive years on the council, in any combination
of years spent as mayor or council member, shall not again be eligible to become a candidate
for or to serve as mayor or council member until the next general election after the expiration
of the term completing the eighteen (18) year period.
1.
Sec. 5.10. — Compensation.
The City Councilmembers and Mayor each shall be allowed, for incidental expenses, the sum of
Ten Dollars ($10.00) per meeting and such designated actual expenses supported in writing which
shall have been presented to the City Council and received approval.
Ordinance No. 1467-23, Page 8 of 26
ARTICLE VI. - POWERS AND DUTIES OF OFFICERS
Sec. 6.02. — Duties of Mayor-Mayor Pro Tern.
(a) The Mayor of the City of Richland Hills:
(1) Shall preside over the meetings of the City Council and perform such other duties
consistent with the office as may be imposed upon the Mayor by this Charter and the
ordinances and resolutions passed pursuant thereto.
(2) May participate in the discussion of all matters coming before the Council and shall be
entitled to vote on all matters, but shall have no veto power.
(3) Shall sign all contracts and conveyances made or entered into by the City that require
Council approval and all bonds issued under the provisions of this Charter.
(4) Shall be the chief executive officer of the City.
(5) May, in time of danger or emergency, in accordance with the Texas Disaster Act of
1975, V.T.C.A., Government Code Ch. 418, take command of the police and other
departments and govern the City by proclamation and maintain order and enforce all laws.
The Mayor's actions may not be continued or renewed for a period in excess of seven (7)
days except by or with the consent of the City Council.
(b) The Mayor Pro Tern shall be elected from among the members of the six (6) Councilmembers;
shall be elected at the first regular meeting following the general City election, and shall, in the
absence or disability of the Mayor, perform all the Mayor's duties.
Sec. 6.03. — Powers and Duties of City Council.
The powers and duties herein conferred upon the City Council shall include but shall not be limited
to the following:
(1) To appoint and remove the City Manager, City Secretary, City Attorney, Municipal
Judge and relief Municipal Judges, and other such employees required by State law to be
appointed by the City Council.
(2) To adopt the budget of the City.
(3) To authorize the issuance of:
A. Bonds by a bond ordinance;
B. Certificates of obligation subject to notice, petition, and election provisions
provided within V.T.C.A., Local Government Code § 271.041, the Certificate of
Obligation Act.
(4) To inquire into the conduct of any office, department, or agency of the City and direct
the City Manager to make investigation as to municipal affairs.
(5) To appoint commissions, boards, committees, task forces, and/or appointed groups to
assist the Council in performance of its duties and responsibilities, such powers subject to
the restrictions of the Charter and the laws of the State of Texas.
(6) To adopt plats.
(7) To adopt and modify the official map of the City.
(8) To provide for the establishment and designations of fire limits and to prescribe the
kind and character of buildings or structures or improvements to be erected therein, and
Ordinance No. 1467-23, Page 9 of 26
provide for the condemnation of dangerous structures or buildings or dilapidated buildings,
calculated to increase the fire hazard, and the manner of their removal or destruction.
(9) To fix the salaries and compensation for the appointed City officers.
(10) To provide for sanitary sewer and water system.
(11) All other powers and authority, including determination of all matters of policy, which
are expressly or by implication conferred on or possessed by the City, shall be vested in
and exercised by the Council; provided, however,that the Council shall have no authority
to exercise those powers that are expressly conferred upon other City officers by this
Charter.
Sec. 6.04. — Appointment or Removal by City Council.
Neither the Council nor any of its members shall direct or request the appointment of any person
to, or their removal from, office by the City Manager or by any of their subordinates, or in any
manner take part in the appointment or removal of officers and employees in the administrative
service of the City. Except for the purpose of inquiry, the Council and its members shall deal with
the administrative service solely through the City Manager and neither the Council nor any
member thereof shall give orders to any subordinates of the City Manager, either publicly or
privately. Any Councilmember violating the provisions of this Section shall be guilty of a Class C
misdemeanor and fined not in excess of$200.00, and, if so convicted, shall cease to be a
Councilmember.
ARTICLE VII. - ADMINISTRATION
Sec. 7.01. — City Manager.
(a) Appointments and qualifications. The Council shall appoint a City Manager who shall be the
chief administrative officer of the City, and shall be responsible to the Council for the
administration of all the affairs of the City. The City Manager shall be chosen by the Council solely
on the basis of their executive and administrative training, education, experience, ability, and
character, and need not, when appointed, be a resident of the City. No member of the City Council
shall, during the time for which they are elected and for two (2) years thereafter, be appointed City
Manager.
(b) Term and salary. The City Manager shall be appointed by the affirmative vote of five (5)
members of the City Council, and may be removed at the will and pleasure of the Council by the
affirmative vote of five (5) members of the Council. 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 of such suspension or removal in the Council. In case of absence or
disability to the City Manager, the Council may designate some qualified person, other than an
elected officer of the City, to perform the duties of the office during such absence or disability. The
City Manager shall receive such compensation as may be fixed by the Council.
(c) Powers and duties of the City Manager. The powers herein conferred upon the City Manager
shall include but shall not be limited to the following:
(1) Appoint and remove any officer or employee of the City except those officers and
employees whose appointment or election is otherwise provided for by law or this Charter.
Ordinance No. 1467-23, Page 10 of 26
(2) Direct and supervise the administration of all departments, offices and agencies of the City,
except as otherwise provided by law or this Charter.
(3) See that all State laws and City ordinances are effectively enforced.
(4) Prepare and submit the annual budget and a five(5)year capital improvement program to the
Council as prescribed in Article XII of the Charter.
(5) Submit to the Council monthly a report thereof on the finances and administrative activities of
the City and a complete report at the end of each fiscal year.
(6) Attend all meetings of the Council, except when excused by the Council.
(7) Provide for an employee grievance system as approved by the Council.
(8) Perform such other duties as may be prescribed by this Charter or required of him by the
Council, not inconsistent with provisions of this Charter.
Sec. 7.02. —Appointment and Removal of City Secretary.
The City Council shall appoint or remove the City Secretary with approval of a majority of the
Council. The City Secretary shall give notice of Council meetings, shall keep the minutes of the
proceedings of such meetings, shall authenticate by his/her signature and record in full, in a book
kept and indexed for that purpose, all ordinances and resolutions, and shall perform such other
duties as the City Council shall assign to him/her and those elsewhere provided for in this Charter,
and shall keep and affix the City seal to all official documents.
Sec. 7.03. - Appointment and Removal of City Attorney.
(a) The City Attorney shall be appointed by a majority vote of the City Council. The City Council
may remove the City Attorney at any time upon the affirmative vote of a majority of all its
members.
(b) The City Attorney shall:
1. Serve as the legal advisor to the Council and City Manager;
2. Represent the City in litigation and legal proceedings as directed by the Council and City
Manager;
3. Review and provide opinions as requested by Council or the City Manager on contracts,
legal instruments, and ordinances of the City; and
4. Perform other duties prescribed by this Charter, by ordinance, or as directed by the
Council or City Manager.
(c) The Council may contract with an attorney or with a firm of attorneys who may designate one(1)
member of said firm, with Council approval, to serve as City Attorney.
(d) Compensation shall be fixed by contract with the approval of Council or by appointment subject
to the approval of Council.
(e) Council shall have the right to retain separate counsel at any time that it may deem necessary
and appropriate.
Ordinance No. 1467-23, Page 11 of 26
ARTICLE VII(A). - MUNICIPAL COURT
Sec. 7(A).01. - Municipal Court of Record.
There shall be a court known as the Richland Hills Municipal Court of Record, with such
jurisdiction, powers and duties as are given and prescribed by the laws of the State of Texas for
municipal courts of record. The City Council shall be empowered to create by ordinance additional
municipal courts of record if it finds that such additional courts are necessary to dispose properly
of the cases arising in the City.
(1) Judge of the Municipal Court of Record. The Municipal Court of Record shall be presided
over by a Magistrate who shall be known as the Municipal Judge. The Municipal Judge shall be a
competent and duly licensed attorney in good standing who practices law in Tarrant County,
Texas. The Municipal Judge may not serve as such while holding any other office or employment
with the City of Richland Hills, Texas. The Municipal Judge shall be appointed by the City Council
for a two-year term.
(2) Vacancies: Temporary replacement; removal.
A. If a vacancy occurs in the office of Municipal Judge of the Richland Hills Municipal Court
of Record, the City Council shall appoint a qualified person to fill the office for the remainder of the
unexpired term.
B. The City Council may appoint persons as Associate Judges. An Associate Judge must
meet the qualifications prescribed for the Municipal Judge. The Municipal Judge may assign a
relief judge to act for the Municipal Judge if they are temporarily unable to act for any reason. An
Associate Judge has all the powers and duties of the office while so acting.
C. The Municipal Judge may be removed after written notice and an opportunity to be
heard before the Council.
(3) Clerk of the Municipal Court of Record. There shall be a Clerk of the Municipal Court of
Record who shall be appointed by the City Manager, and who shall be known as the municipal
clerk. The clerk shall have the power to administer oaths and affidavits, make certificates, affix the
seal of the court thereto, and otherwise perform any and all acts necessary in issuing process of
the Richland Hills Municipal Court of Record and conducting business thereof. The municipal clerk
shall also perform such duties as are specified to be performed by the municipal clerk under the
general laws of the State of Texas governing municipal courts or, more specifically, municipal
courts of record. The municipal clerk shall perform any other duties as specified by the City
Manager. With the consent of the City Manager, the clerk may appoint one or more deputy clerks
to act for the clerk. The City Manager shall provide the courts with other municipal court personnel
that the City Manager determines necessary for the proper operation of the court. Those persons
shall perform their duties under the direction and control of the clerk or the Municipal Judge to
whom assigned.
(4) Procedure in the Municipal Court of Record. 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 taking of
bonds shall be governed by the Code of Criminal Procedure and the general laws of the State of
Texas applicable to municipal courts or, more specifically, to municipal courts of record.
State Law reference— Municipal court of record, V.T.C.A., Government Code § 30.481, et seq.
Ordinance No. 1467-23, Page 12 of 26
ARTICLE VIII. - PUBLIC UTILITIES
Sec. 8.01. — City Ownership and Operation Thereof.
(a) General. The City shall have power to build, construct, purchase, own, lease, maintain,
and operate, within or without the City limits, light and power systems, water systems, sewer
systems or sanitary disposal equipment and appliances, natural gas systems, park and swimming
pools, fertilizer plants, and any other public service or utility; power to mortgage and encumber
such system or systems in the manner provided in Article Chapter 552 of the Texas Local
Government Code, as amended, and any other laws of the State of Texas applicable thereto; and
all the powers which the City might exercise in connection with such public utilities and public
services under Chapter 552 of the Texas Local Government Code, and any amendment thereto,
now or hereafter in effect, as well as under any other general laws of the State of Texas pertinent
or applicable thereto, including the power to demand and receive compensation for service
furnished for private purposes, or otherwise, and with full and complete power and right of eminent
domain proper and necessary to efficiently carry out said objects.
(b) Power to contract for public utilities. The City is authorized to enter into contracts or leases
with individuals, corporations, partnerships, or other municipal corporations, for furnishing in whole
or in part any public utility or portions of public utility systems that might be needed by the City or
the citizens of the City. The consideration for such contracts or leases may in the discretion of the
City Council be paid by the City or prorated to the individual users of the utility covered by such
contract or lease; or to permit individuals, corporations, partnerships, or other municipal
corporations to furnish in whole or in part any public utility or portion of any public utility direct to
the citizens of the City on such terms as the City may direct.
(c) Right to purchase commodities or services essential to the city or its citizens. The City
shall have the power to purchase electricity, gas, oil, or any other article, commodity, or service
essential to a proper conduct of all the affairs of the City, and of its inhabitants on such terms as
the City Council may deem proper, for sale and distribution to the inhabitants of the City or
adjacent territory.
State Law reference— Power to franchise, Texas Local Government Code, Chapter 51.
Sec. 8.02. — Regulation of Public Utilities.
(a) The City Council shall have the power by ordinance, after notice to the utility and hearing
before the Council, to fix and regulate charges, fares, or rates of compensation to be charged by
any person, firm, or corporation enjoying a franchise in the City, or engaged in furnishing a public
utility service in the City, including cable television and shall in determining, finding, and regulating
such charges, fares, or rates of compensation, base the same upon the fair value of the property
of such person, firm, or corporation devoted to furnishing service to such City or the inhabitants
thereof. The City Council may prescribe the character, quality, and efficiency of service to be
rendered, and shall have the power to regulate and require the extension of adequate lines or
service of such public utility within such City by such person, firm, or corporation, taking into
consideration the cost to the utility, and from time to time may alter or change such rules,
regulations, and compensation, provided that, in adopting such regulations and in fixing or
changing such compensation, or determining the reasonableness thereof, no stock or bonds
authorized or issued by any corporation enjoying such franchise shall be considered unless on
proof that the same have been actually issued by the corporation for money paid and used for the
development of the corporate property, labor done or property actually received in accordance with
Ordinance No. 1467-23, Page 13 of 26
the laws and Constitution of this State applicable thereto. In order to ascertain all facts necessary
for a proper understanding of what is or should be a reasonable rate of regulation, the City Council
shall have full power to inspect the books of any such utility serving the inhabitants of the City and
compel production of records and the attendance of witnesses for such purpose.
(b) Any company, corporation, or person engaged in furnishing to the inhabitants of the City
any light, power, gas, telephone, transit, cable television, or other public utility services, may be
required at any time by ordinance or resolution of the City Council to file with the City Council
written reports pertaining to operations and business within the City, and such report shall contain
such data, facts, and information as may be required by such ordinance or resolution, under the
same standards and rules of the State Public Utility Commission and other rules not inconsistent
therewith.
In addition to the foregoing powers, the City shall have all the powers and privileges provided for by
Chapter 51 of the Texas Local Government Code, as amended, in regulating public utilities.
State Law reference—Authority to regulate electric utilities, V.T.C.A., Utilities Code § 33.001, et
seq.
ARTICLE IX. - CONTRACTS
No contract shall ever be made which binds the City for personal services, except for professional
or City Manager services to be rendered for any stated period of time, but all appointive
luding the date of their discharge, any provision to the
contrary in this Charter notwithstanding. Contracts for professional or City Manager services shall
termination without compensation beyond the date of occurrence of any of the following: conviction
of a felony or other crime involving moral turpitude; violations of the provisions of the Charter or of
any ordinance, rule, or of special orders applicable to such person.
Sec. 9.02. — Goods, Materials, Services or Supplies.
(a) The City Council may, by ordinance, give the City Manager general authority to contract
for expenditures without further approval of the City Council for all budgeted items not exceeding
limits set by the City Council within the ordinance.
(b) All contracts for expenditures or purchases involving more than the set limits must be
expressly approved in advance by the City Council.
(c) All contracts or purchases involving more than the limits set by Council shall be awarded
by the City Council in accordance with state law.
State Law reference— Purchases and contracts, V.T.C.A., Local Government Code § 252.001, et
seq.
Sec. 9.03. — Franchises and Special Privileges.
(a) The right to control, easement, use, and ownership and title to the streets, highways,
public thoroughfares, and property of the City, its avenues, parks, bridges, and all other public
places and property, are hereby declared to be inalienable. No franchise on any City property shall
Ordinance No. 1467-23, Page 14 of 26
be granted except by ordinance duly passed by five-sevenths (5/7) affirmative votes of the entire
City Council.
(b) No grant of any franchise or lease, or right to use the same, either on, through, along,
across, under, or over the same, by any private corporation, association, or individual shall be
granted by the City Council for a longer period than twenty-five (25) years, unless submitted to the
vote of the legally qualified voters of the City in the manner provided for in Section 282.003 of the
Texas Local Government Code in conjunction with Chapter 311, Subchapter D of the Texas
Transportation Code, the expense of such election to be borne by the applicant.
(c) The City Council may, of its own motion, submit all of such applications, to an election at
which the people shall vote upon the proposition therein submitted, the expense of such election in
all cases to be borne by the applicant.
(d) No franchise shall ever be granted until it has been approved by majority of the City
Council, nor shall any such franchise, grant, or privilege ever be made unless it provides for
adequate compensation or consideration therefor to be paid to the City.
(e) Every such franchise or grant shall make adequate provision, by way of forfeiture of the
grant or otherwise, to secure efficiency of public service at reasonable rate and to maintain the
property devoted to the public service in good repair throughout the term of grant of said franchise.
(f) No franchise grant shall ever be exclusive.
(g) The City Council may prescribe the forms and methods of the keeping of accounts of any
grantees under franchise, provided that the forms and methods of keeping such accounts have not
already been prescribed by a State or Federal law or agency.
ARTICLE X. - OWNERSHIP OF REAL OR PERSONAL
PROPERTY
Sec. 10.01. — Acquisition of Property.
(a) The City shall have the power and authority to acquire by purchase, gift, devise, deed,
condemnation, or otherwise, any character or property, within or without its municipal boundaries,
including any charitable or trust funds.
(b) Specifically, but without limitation of the foregoing, the City shall have full power and
authority to acquire through the exercise of eminent domain, or by purchase, or otherwise, and
maintain and operate, any part or all of any water works system, sewerage system, or other public
utility used in serving citizens of the City. Such power and authority shall include that specified in
as now existing or as hereafter amended, and
any common law or other statutory law applicable thereto, and such power and authority shall not
be limited by any such specific statutory provisions. Such power and authority shall include the
right to acquire by eminent domain or purchase from any person, firm, or corporation any part or
all of the physical properties, easements, franchises, and other tangible and intangible properties
and rights that may be in use as an operating utility business. Such power and authority shall
include the right to acquire by eminent domain or purchase an undivided interest in any easements
or facilities that may be in use to serve any other community and shall also include the right to
acquire by eminent domain or purchase any properties located outside of the corporate
boundaries of the City if needed by the City in operation of such utility system.
Ordinance No. 1467-23, Page 15 of 26
ARTICLE XI. - STREETS AND ALLEYS
Sec. 11.01. — Street Powers.
The City shall have exclusive control of all alleys, streets, gutters, and sidewalks situated within
the City, and the power to lay out, establish, open, alter, extend, widen, straighten, abandon,
close, lower, grade, narrow, care for, supervise, maintain, and improve any public street, alley,
avenue, boulevard, or public thoroughfare and for any such purposes to acquire the necessary
lands and to appropriate the same under the power of eminent domain. The City shall also have
the power to name or rename, vacate and abandon and sell and convey in fee that portion of any
street, alley, avenue, boulevard, or other public thoroughfare or public grounds, and to convey in
fee the same in exchange for other lands, over which any street, alley, avenue, boulevard, or
public thoroughfare may be laid out, established, and opened; and the City's right to sell and
dispose of in fee any part of a street, alley, avenue, boulevard or public thoroughfare so vacated
and abandoned, or the City's right to convey same in exchange for other lands to be used in laying
out, opening, widening, and straightening any street, shall never be questioned in any of the
Courts of this State. The procedure for closing streets and alleys shall be in conformity with due
process of law and shall be particularly prescribed and provided for by ordinance passed in the
usual manner by the City Council.
ARTICLE XII. - FINANCE: BUDGET
Sec. 12.01. — Preparation and Submission.
The City Manager, or their designee, shall submit a proposed City budget for the ensuing fiscal year
to the City Council in compliance with the timelines outlined in Chapter 102 of the Texas Local
Government Code, as amended. From its date of submission, the proposed budget shall be a public
record.
Sec. 12.02. — Hearing.
The City Council shall hold a public hearing on the budget as required by Chapter 102 of the Texas
Local Government Code, as amended.
Sec. 12.03. — Adoption.
After hearing, the City Council may make such changes as it deems proper in the proposed
budget and adopt a final budget prior to the beginning of the budget year. All budget hearings and
action on the budget shall be open to the public.
Sec. 12.04. - Effective Date.
The budget shall go into effect on the first day of the budget year. Budget amendments must
comply with Chapter 102 of the Texas Local Government Code.
Sec. 12.05. — Capital Improvement Plan.
Ordinance No. 1467-23, Page 16 of 26
The City Manager shall include with the proposed budget a five (5) year capital improvement plan.
Such plan, upon approval by the Council, shall serve as a guide for capital improvements of the
City
ARTICLE XIV. - PLANNING AND BUILDING REGULATIONS
14.01 Boards and Commissions
The City Council shall create, establish, or appoint, as may be required by the laws of the State of
Texas or this Charter, or deemed desirable by Council, such boards, commissions, and committees
as it deems necessary to carry out the functions and obligations of the City. Council shall, by
ordinance or resolution, prescribe the purpose, composition, function, duties, accountability, and
tenure of each board, commission, and committee where such are not prescribed by law or this
Charter.
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The Planning and Zoning Commission shall:
(1) Recommend a City plan for the physical development of the City;
(2) Recommend to the City Council approval or disapproval of proposed changes in the
Zan-i ►g-Plan; and
(3) Recommend to the City Council approval or disapproval of proposed platting or
subdividing land within the corporate limits of the City to the extent authorized by law. The
Sec. 14.02. — Master Plan.
The Master Plan for the City shall contain the Planning and Zoning Commission's
recommendations for the growth, development and beautification of the City. Amendments thereto
will be approved by the said Commission. The Master Plan shall serve as a general guide for the
development of the City.
Sec. 14.03. — Legal Effect of the Master Plan
Upon the adoption of a Master Plan by the City Council, no subdivision, street, park or any public
way, ground or space, public building or structure, or public utility whether publicly or privately
owned, which is in conflict with the Master Plan shall be constructed or authorized by the City
Council until and unless the location and extent thereof shall have been submitted to and
approved by the Commission. In case of disapproval, the Commission shall communicate its
reasons to the Council, which shall have the power to overrule such disapproval, and upon such
overruling, the Council shall have the power to proceed. The widening, narrowing, relocating,
vacating or change in the use of any street, alley or public way, or ground or the sale of any public
building, if real property, shall be subject to similar submission and approval by the Planning and
Zoning Commission, and failure to approve may be similarly overruled by the City Council.
Ordinance No. 1467-23, Page 17 of 26
Sec. t. .
The City may regulate the erection, building, placing, moving or repairing of buildings or other
all buildings or other structures within the limit so designated as aforesaid shall be made or
constructed of fire resistant materials, and may declare any dilapidated building or structure to be
direct; to declare all buildings and other structures in the fire limits which they deem dangerous to
same to be removed in such manner as they shall prescribe.
Sec. 14.06. Building 1 inns.
convenience, prosperity and general welfare, acting through its governing body, under the public
power, to provide by suitable ordinance building lines on any street or streets, or any block of any
tr t t eetc nd try ,ire their observance by citable pe altie
ARTICLE XV. - RECALL OF OFFICERS
Sec. 15.02. — Petition for Recall.
Before the question of recall of such officer shall be submitted to the qualified voters of the City, a
petition demanding such question to be so submitted shall first be filed with the person performing
the duties of City Secretary; which said petition shall be signed by qualified voters of the City equal
in number to at least twenty-five percent (25%) of the number of votes cast at the last regular
municipal election of the City, but in no event, less than 250 such petitioners. Petitions must
comply with Texas Election Code, Chapter 277, as amended.
ARTICLE XVI. INITIATIVE AND REFERENDUM
Sec. 16.02. — [Procedure]
(a) Initiative. Initiative power may be used to enact a new ordinance or to repeal or amend
sections of an existing ordinance. Qualified voters of the City of Richland Hills may initiate
legislation (except levying taxes, setting rates for services, adoption of a budget or capital
improvement program, any ordinance related to zoning, issuance of bonds or notes, borrowing of
money, salaries or duties of City officers or employees, matters related to administration of
municipal employees, annexation, municipal boundary adjustments, any instance where a court of
proper jurisdiction determines that the initiated ordinance has been removed from the field of
initiative, or any subject where State law requires a public hearing) by submitting a petition
addressed to the City Council which requests the submission of a proposed ordinance or
resolution to a vote of the qualified voters of the City. Said petition must be signed by qualified
voters of the City equal in number to 25% of the number of votes cast at the last regular municipal
election of the City, or 250, whichever is greater, and each copy of the petition shall have attached
to it a copy of the proposed legislation. The petition shall be signed in the same manner as recall
Ordinance No. 1467-23, Page 18 of 26
petitions are signed in this Charter, and shall be verified by oath in the manner and form provided
for recall petitions in this Charter. The petition may consist of one or more copies as permitted for
recall petitions in this Charter. Such petitions shall be filed with the persons performing the duties
of City Secretary, who, within five (5) days, shall present said petition and proposed ordinance or
resolution to the City Council. Upon presentation of the petition and draft of the proposed
ordinance or resolution to Council, it shall become the duty of the City Council, within the ten (10)
days after the receipt thereof, to pass and adopt such ordinance or resolution without alteration as
to meaning or effect in the opinion of the persons filing the petition, or to call a special election as
soon as possible, subject to the Texas Election Code, which the qualified voters of the City of
Richland Hills shall vote on the question of adopting or rejecting the proposed legislation.
However, if any other municipal election is to be held within sixty (60) days after the filing of the
petition, the question may be voted on at such election.
(b) Referendum. Registered, qualified voters of the City of Richland Hills may require that any
ordinance or resolution passed by the City Council be submitted to the voters of the City for
approval or disapproval, (except levying taxes, setting rates for services, adoption of a budget or
capital improvement program, any ordinance related to zoning, issuance of bonds or notes,
borrowing of money, salaries or duties of City officers or employees, matters related to
administration of municipal employees, annexation, municipal boundary adjustments, any instance
where a court of proper jurisdiction determines that the initiated ordinances has been removed
from the field of initiative, or any subject where State law requires a public hearing) by submitting a
petition for this purpose within forty-five (45) days after final passage of said resolution or within
thirty (30) days after publication of such ordinance. Said petition must be signed by qualified voters
of the City equal in number to 25% of the number of votes cast at the last regular municipal
election of the City, or 250, whichever is greater. Said petition shall be addressed, prepared,
signed and verified by oath in the manner and form provided for recall petitions as provided in
Sections 15.02 and 15.03, Article XV of this Charter, provided, however, the names on such
petition shall also be of registered voters and shall be submitted to the person performing the
duties of City Secretary. Within five (5) days upon the filing of such petition, the person performing
the duties of City Secretary shall present said petition to the City Council. Thereupon the City
Council shall, within ten (10) days, reconsider such ordinance or resolution and, if it does not
entirely repeal the same, shall submit it to popular vote at a special election as soon as possible,
subject to the Texas Election Code, at which time the registered, qualified voters of the City of
Richland Hills shall vote on the question of adopting or rejecting the proposed question. However,
if any other municipal election is to be held within sixty (60) days of the filing of the petition, the
question may be voted on at such election. Pending the holding of such election, such ordinance
or resolution shall be suspended from taking effect and shall not later take effect unless a majority
of the registered, qualified voters voting thereon at such election shall vote in favor thereof.
(c) Any qualified voter of the City may seek judicial relief in the District Court of Tarrant
County in the event the Council fails to act on an initiative or referendum petition meeting the
requirements of this Article.
ARTICLE XVII. - GENERAL PROVISIONS
Sec. 17.03. — Official Oath.
All officers of the City shall, before entering upon the duties of their respective offices, take and
subscribe to the official oath prescribed in the Constitution of the State of Texas. Oath of office
shall be administered by any person authorized by law to administer oaths.
State Law reference— Oath, Tex. Const. art. XVI, § 1
Ordinance No. 1467-23, Page 19 of 26
Sec. 17.05. - Public Records.
The City shall comply with State law with regard to releasing records to the public.
State Law reference— Public records law, V.T.C.A., Government Code § 552.001, et seq.
Sec. 17.12. — Nepotism.
No person related within the second degree by affinity, or zthe third degree by consanguinity, to a
member of the Council or the City Manager shall be appointed to any paid office or board,
commission, or committee of the City. This prohibition shall not apply, however, to any person who
shall have been continuously employed by the City for at least six months prior to the election of the
Council member or 30 days prior to the appointment of the City Manager so related to the employee.
Sec. 17.13. — Ethics.
(a) No elected or appointed officer or employee of the City shall benefit unduly by reason of
his/her holding public office.
(b) No officer or employee of the City shall have a substantial interest in the sale of any land,
materials, supplies or service to the City. Any elected officer shall publicly disclose any such interest
upon assumption of office or prior to consideration of any such matters. "Substantial interest" as
used in this section shall have the same meaning as given in the Texas Local Government Code, as
amended.
(c) Failure to comply with any provisions of the foregoing Sections 17.13(a) or 17.13(b) shall
constitute malfeasance in office and any officer failing to so comply shall immediately be
suspended pending an outcome of an investigation of the charges. Within five (5) days of said
suspension the officer shall receive written notice detailing the specific charges brought against
him. A Public Hearing will be held within fifteen (15) days after the written notice to determine
whether the charges are well founded and whether said officer shall be reinstated or shall be
terminated and the position declared vacant.
(d) Any violation of the foregoing Sections 17.13(a) or 17.13(b) with the knowledge, express
or implied, or persons or corporations contracting with the City shall render the contract voidable
by the Council.
Sec. 17.14. — Political and Religious Discrimination.
No person in the service of the City, or seeking admission thereto, shall be employed, promoted,
demoted, discharged, or in any way favored or discriminated against because of political opinions
or affiliations or because of race, color, religious beliefs, sex, or national origin, provided that such
opinions, affiliations or beliefs do not advocate the overthrow of the government of the United
States of America by force or violence.
Sec. 17.15. — Political Activity.
(a) No person seeking appointment to or promotion in the administrative service of the City
shall either directly or indirectly give, render, or pay any money, service, or other valuable thing to
any person for, or on account of, or in connection with his/her appointment or promotion or any
examination conducted therefor.
(b) Any person who either by himself/herself, or with others, willfully violates any provision of
the foregoing Section 17.15(a) shall be ineligible for appointment or election to a position in the
Ordinance No. 1467-23, Page 20 of 26
City for a period of four (4) years, and if he/she is an officer or employee of the City at the time of
such violation, he/she shall immediately forfeit the office or position he/she holds.
Sec. 17.16 Building Permits
Ordinance No. 1467-23, Page 21 of 26
EXHIBIT B
BALLOT LANGUAGE
Proposition A — City Council
Shall Sections 5.01, 5.08, 5.09, 5.12, 7.01, and 9.04 of the Richland Hills Home
Rule Charter be amended to provide that the City Council shall be increased to six
Councilmembers; to provide that Councilmembers shall serve three-year terms; to provide
that the Mayor and Councilmembers must be elected by a majority vote; to provide for a
runoff election in the event a candidate does not receive a majority vote; to provide for the
transition to three-year terms by establishing an election schedule; to provide that
vacancies in offices with three-year terms with an unexpired term greater than 12 months
must be filled by special election and such vacancies with unexpired terms of 12 months or
less may be filled by appointment; to provide that vacancies in any offices with two-year
terms may be filled by special election or appointment; and to provide that a super-majority
of council shall be 5 votes?
Proposition B — City Council
Shall Section 5.02 of the Richland Hills Home Rule Charter be amended to provide
that qualification requirements for a place on the ballot for city council shall be governed by
state application and qualification requirements?
Proposition C —Elections
Shall Section 5.03 of the Richland Hills Home Rule Charter be amended to provide
that city elections are held on the May uniform election date and are governed by state law
and Sections 5.04, 5.05 and 5.06 be deleted as repetitive or moot?
Proposition D — Elections
Shall Section 5.07 and 5.08 of the Richland Hills Home Rule Charter be amended to
provide that election judges shall be appointed as provided by state law, and to provide that
elections shall be canvassed in compliance with the Texas Election Code?
Proposition E — City Council
Shall Section 5.11 of the Richland Hills Home Rule Charter be amended to revise
the process for removing a council member from office who has four unexcused absences
from a regular city council meeting in a term?
Ordinance No. 1467-23, Page 22 of 26
Proposition F — City Council
Shall Section 5.12 of the Richland Hills Home Rule Charter be amended to provide
the Mayor shall be limited to three (3) consecutive terms as Mayor, not including any time
served as a councilmember; to provide that councilmembers shall be limited to three (3)
consecutive terms, not including any time served as Mayor; and to provide a limit of
eighteen (18) consecutive years served on council in any combination of positions?
Proposition G — City Council Compensation
Shall Section 5.13 of the Richland Hills Home Rule Charter be amended to provide
that members of the city council shall receive ten dollars ($10.00) per meeting?
Proposition H — Duties of the Mayor
Shall Section 6.02 of the Richland Hills Home Rule Charter be amended to provide
that the Mayor shall vote on all matters; to provide that the Mayor shall sign contracts that
require Council approval; and to remove requirements that the Mayor be recognized as the
official for service of process?
Proposition I — Powers of the City Council
Shall Section 6.03 of the Richland Hills Home Rule Charter be amended to provide
that Council shall be responsible for the appointment and removal of the City Secretary,
that it may direct the City Manager to investigate administrative affairs, and that it may
determine salaries of appointed City officers; to provide that it possesses all other powers
and authorities possessed by the City; and to remove the duties of establishing
departments, regulating vehicle owners, and regulating burial grounds and cemeteries?
Proposition J — City Council Removal
Shall Section 6.04 of the Richland Hills Home Rule Charter be amended to remove
the authority to remove a Councilmember for violating provisions against influencing the
appointment or removal of staff members or issuing direct orders to administrative staff?
Proposition K — City Manager
Shall Section 7.01 of the Richland Hills Home Rule Charter be amended to remove
requirements that the City Manager provide department heads a monthly financial report?
Proposition L — City Secretary
Shall Section 7.02 of the Richland Hills Home Rule Charter be amended to provide
that the City Council may appoint or remove a City Secretary by a majority vote and to
remove authority to appoint Assistant City Secretaries?
Ordinance No. 1467-23, Page 23 of 26
Proposition M — City Attorney
Shall Section 7.03 of the Richland Hills Home Rule Charter be amended to provide
that Council may appoint or remove a City Attorney by majority vote; to describe the duties
of the City Attorney; to authorize Council to retain separate counsel as necessary; and to
authorize Council to set the City Attorney's compensation?
Proposition N — Municipal Court
Shall Section 7(A).01 of the Richland Hills Home Rule Charter be amended to refer
to Associate Judges and to provide that the City Manager shall appoint and supervise the
Court Clerk?
Proposition 0 — Personal Services
Shall Section 9.02 of the Richland Hills Home Rule Charter be amended by deleting
Section 9.02 prohibiting Personal Service contracts?
Proposition P — Franchises
Shall Section 9.04 of the Richland Hills Home Rule Charter be amended to provide
that a franchise grant of City property must be approved by a super-majority of City Council;
and to remove requirements that franchises must be considered at two regular council
meetings?
Proposition Q— Street Powers
Shall Section 11.01 of the Richland Hills Home Rule Charter be amended to provide
consistency in the types of streets subject to the City's authority?
Proposition R — Budgetary Process
Shall Sections 12.01, 12.02, 12.03, 12.04, and 12.05 of the Richland Hills Home
Rule Charter be amended to provide that the annual budgetary process shall comply with
state law, and to require the City Manager to include a five-year capital improvement plan
with the proposed budget?
Proposition S — Board and Commissions
Shall Sections 14.01 and 14.02 of the Richland Hills Home Rule Charter be
combined and amended to provide that City Council has the authority to establish boards,
commissions, and committees as necessary?
Ordinance No. 1467-23, Page 24 of 26
Proposition T — Recall of Officers
Shall Section 15.02 of the Richland Hills Home Rule Charter be amended to provide
that that State law controls the filing of a recall petition?
Proposition U — Initiative and Referendum
Shall Section 16.02 of the Richland Hills Home Rule Charter be amended to provide
that ordinances pertaining to levying taxes, setting rates for services, adopting a budget or
capital improvement program, zoning, issuances of bonds, borrowing money, salaries or
administration of employees, annexation, boundary adjustments, any matter a court has
determined inappropriate for initiative or referendum, or any subject requiring a public
hearing shall not be subject to initiative or referendum; and to provide petitions for
referendum must be signed by the greater of 25% of the number of votes cast in the last
municipal election or 250 votes?
Proposition V — Oath of Office
Shall Section 17.03 of the Richland Hills Home Rule Charter be amended to provide
that any person authorized by law may administer oaths of office?
Proposition W— Public Records
Shall Section 17.05 of the Richland Hills Home Rule Charter be amended to provide
that the City shall comply with state public records laws?
Proposition X — Nepotism
Shall Sections 17.12 and 17.13 of the Richland Hills Home Rule Charter be
amended to revise the nepotism provision to apply to a person appointed to a paid position
or a board, commission, or committee; to provide a continuous employment exception; and
to revise the substantial interest provision to comply with state law?
Proposition Y— Discrimination
Shall Section 17.14 of the Richland Hills Home Rule Charter be amended to prohibit
discrimination of protected classes in accordance with state and federal law?
Proposition Z — Political Activity
Shall Section 17.15 of the Richland Hills Home Rule Charter be amended to remove
restrictions on employee campaign contributions or activities?
Ordinance No. 1467-23, Page 25 of 26
Proposition AA—Removal of Redundant Provisions, Updating Statutory References,
and Non-Substantive Corrections
Shall Sections 14.05, 14.06, 17.16, 17.17, and 17.18 of the Richland Hills Home
Rule Charter be amended by deleting redundant provisions related to the regulation of
buildings, building permits, pools, and bonds for city officials; shall Sections 4.01, 8.01,
8.02, 9.04, and 10.01 of the Richland Hills Home Rule Charter be amended to update
statutory references to reflect current State law; and shall the Richland Hills Home Rule
Charter be amended to make non-substantive grammatical and textual corrections and
clarifications throughout the Charter?
Ordinance No. 1467-23, Page 26 of 26