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HomeMy Public PortalAboutProposed Charter Language 1986 TO THE CITIZENS OF RICHLAIvD HILLS , TELAG : This document is a Home Rule Charter which will be voted on by the citizens of Richland Fill:: , Teas , on April 5, 19Fc , at the regular City election. Each regis- tered voter is being mr filed a copy at least 3 days be- fore the elec Lion . This document was drafted by the Richland Hills Charter Commission whose membership is listed below. If adopted, Richland Hills will be a Home Rule City with a. City Hanager, hired. and fired by the City Council , running the day-to-day affairs of the City. The Charter ivies the citizens power over their elected officials which they Co not have under the present fore:: of government. ULier the Charter, Counci•i`n1er secs may be removed from office (recall ) and the people can veto ordinances Ices (refer- endum) or institute ordinances (initiative ) . The Charter includes many safeguards which the Char- ter Commission feels wi 1i make for o'_en_, responsive gov- ernment. s re a,nay.d; thequalified�. voters erne:. t. L i:rovi„iona Aveat in :ual_J.lec voters final authority and control over all municipal affairs. The Commission unanimously recommends adoption of ...-s cocur, et by the voters . It is our belief that it will permit our City government to operate r.:ore effectively CsLtisfactoril ; to the best interests of all the citizens . Respectfully submitted, RICHLAI.L IiLLB CHARTER CO`,: TI_SIOI Paul C . Daniels , Chairman Dr. Lyrtie Adams Lloyd Leach Pill Agan ih�ichael Logan James R. Llack Gary _;grayer T. 'ridges Olivia Ray J.R. Clements Elizabeth Sheppard :. 0. Elliott Jean S pith TomHarvey- Page 1 Tentative Articles of Richland Hills Charter ARTICLE I CORPORATE NAME SECTION I. CORPORATE NAME. All the Citizens of the City of Richland Hills , Tarrant County, Texas , as the boundaries and limits of said City are herein established, shall be a body politic incorporated under and to be known by the name and style of the City of"Richland Hills" with such powers , rights and duties as are herein provided. kRT ICLE II BOUNDARIES SECTION 1 . BOUNDARIES The boundaries and limits of the City of Richland Hills , until changed in the manner herein provided, shall be the same as have hereto- fore been established and as exist on the date of the adoption of thid Charter. ARTICLE III FORM OF GOVERNMENT SECTION I . FORM OF GOVERNMENT The municipal government provided by this Charter shall be known as the "Council-Manager Government" pursuant to its provisions and subject only to the limitations imposed by the State Constitution and Statutes , all powers of the City shall be exercised in the manner prescribed by this Charter, or if the manner be not prescribed then in such manner as may be prescribed by Ordinance . ARTICLE IV GENERAL POWERS SECTION I. 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 Chapter 13, Title 28, Article 1175 of the Revised Civil Statutes of the State of Texas of 1925, and any amendments thereof, or any other powers which, under the Consti- tution and laws of the State of Texas , it would be competent for this Charter specifically to enumerate. All powers of the City, whether ex- pressed or implied, shall be exercised in the manner prescribed herein, or when not prescribed herein, then in the manner provided by the general laws of Texas relating to cities and towns . The City shall have the power to cooperate with the Federal Government and its agencies and with the State Government and its agencies , and with any political subdivision, or agency thereof. ARTICLE V CITY COUNCIL %'0/%.rV��l� fia SECTION 1 . CITY OFFICIALS The municipal government of the City shall consist of a City Council composed of a Mayor and five ( 5) Councilmembers . Said Mayor and Council 1y„ shall be elected from the City at large The above named officers shall r be elected by the qualified voters of the City. The City Councilmembers and Mayor each shall-be allowed, for incidental expenses , the sum of Ten ($10.00) Dollars per month and such designated actual expenses supported writing which shall have been presented to the City Council and re- ceived approval. Pae, 2 (Article V continued ) r I SECTION 2. QUALIFICATIONS Each of the five Councilmembers and Mayor shall, on the date of the election, be at least twenty-one (21 ) years of age , a citizens 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 pre- ceding the election at which he is a candidate , within the corporate limits of Richland Hills ; and shall not be in arrears in the payment of any taxes or other liability due the City, or be disqualified by reason of any provision of any other section of this Charter. A member of the Council ceasing to possess any of the qualifications specified in this section, or any other sections of this Charter, or convicted of a felony before or while in office , shall immediately forfeit his/he'r'ioffice . No Councilmember shall hold any other public office except that of Notary Public, member of the National Guard or any Military Reserve , or a re- tired member of the Armed Services . (..-___ SECTION3. DATE OF ELECTION;CANDIDATES TO RUN Riac e S1 �fF_ , The regular municipal elections of the City of Richland Hills shall be held on the first Saturday of April of each year, and the same shall be conducted and the results canvassed and announced by the election authorities prescribed by the Election Code of the State of Texas , and said Code shall control in all municipal elections except as otherwise herein provided. The Mayor and two (2 ) Councilmembers shall be elected for two (2 ) year terms at the election in even-numbered years and three (3 ) Council- members in the general election in odd-numbered years . The two (2 ) year term of office shall apply to all Council positions . SECTION 4. HOURS OF ELECTION The polls shall open at each election from seven o 'clock a.m. until seven o 'clock p.m. SECTION 5. OFFICIAL BALLOT: , The Official::ballot _shall be .dtawn-up_,by the City Secretary acid-- approvedfby; the ,.City Attorney and will contain the names of all qualified candidates for office , except those who may have been withdrawn, deceased or become ineligible . blames will be placed on the ballot without party designation and position on the ballot will be determined by a drawing held by the City Secretary. Filing within time limits shall be as pre- scribed by State law. SECTION 6. JUDGE OF ELECTION The City Council shall be the judge of the election and qualifi- cation of its own members and bf ,the Mayor, subject to the courts in the case of contest . The City Council shall, as soon as practical after the election, not to exceed fifteen ( 15) days , after each regular or special election, canvass the returns and declare the results of such election. The Council candidates receiving the greatest numbers of votes for an office shall be declared elected. If such election results in a Mayoral candidate not receiving a majority of votes cast , it shall be the duty of the Mayor to order a second election for the office . Said election tobe heald not later than thirty(30) days from the date on which the City Council canvassed the returns and declared the result. In the second election, only the two Mayoral candidates receiving the most votes in the first election shall be elegible to run. 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. ( 5 vxaA/d tt scrr,,l .Page-3 (Article V continued ) SECTION 7, VACANCIES In case of a vacancy from any cause in the office of Mayor or Councilmember, the City Council shall order a special election to fill such vacancy, provided , however, in the case of only one ( 1 ) vacancy when there remains one hundred eighty ( 180) days or less until the expiration of the office to be filled, Lie Mayor, with the approval of a majority of/the Council , may appoint a person to fill such vacancy. r Page 1 Tentative Articles of Richland Hills Charter „."1"ARTICLE VI POWERS AND DUTIES OF OFFICERS SECTION 1. POWERS OF THE COUNCIL All powers and authority which are expressly or explicitly conferred on or possessed byfhe City shall be vested in and exercised by the City Council, provided however, that the Council shall have no power to exercise . those powers which are expressly conferred upon other City officers by this Charter. SECTION 2. DUTIES OF MAYOR-MAYOR PRO TEM The Mayor of the City of Richland Hills shall preside over the meet- ings of the City Council and perform such other duties consistent with the office as may be imposed upon him by this Charter and the ordinances ande. resolutions passed pursuant hereof. He may participate in the discussion of all matters coming before the Council and shall be entitled to vote, but shall have no veto power. He shall sign all contracts and conveyances made or entered into by the City and all bonds issued under the provisions of this Charter, and shall be the chief executive officer of the City. He shall be recognized as the official head of the City by the court for the purpose of serving civil process , by the Governor for the purpose of enforcing military law, and on all ceremonial purposes . In time of danger or emergency, the Mayor may, with the consent of the Council, (Fake command of the police and govern the City by proclamation and maintain order and enforce all laws. pa9.- The Malyor Pro Tem shall be selected from among e -tubers)of the five (5) Councilmembefs ; shall be selected the first regular eeting following the general City election, and shall , in the absence or disa- bility of the Mayor, perform all the Mayor's duties . SECTION 3. DUTIES OF CITY COUNCIL LL ( 1 ) To appoint and remove the City Manager. (2 ) To establish other administrative departments and distribute the work of division and to abolish or consolidate said departments and divi- sions . ( 3 ) To adopt the budget of the City. (4 ) To authorize the issuance of bonds by a bond ordinance . ( 5) To inquire into the conduct of any office , department , or agency of the City and make investigation as to municipal affairs . (6) To appoint the necessary commissions and boards to assist the Council in the performance of its duties and responsibilities , such powers subject to the restrictions of the Charter and the laws of the State of Texas . (7 ) To adopt plats . (8 ) To adopt - and- modify the official map of the City. (9 ) To regulate , license , and fix the charges or fares made by any person owning, obtaining or controlling any vehicle of any character used for carrying of passengers for hire on the public streets and alleys of the City. ( 10) To provide for the establishment and designations df fire limits and to prescribe the kind and character of buildings or structures or im- age (,article VI continued) provements to be erected therein, and provide for the condemnation of a t dangerous structures or buildings or dilapidated buildings calculated to increase the fire hazard, and the manner of the their removal or destruc- t t ion. ( 11 ) To fix the salaries and compensation for the non-elective city officers and employees . (12 ) To provide for sanitary sewer and water system. ( 13) May regulate burial grounds , cemeteries , and crematories and con- demn and close any such burial grounds , cemeteries , and crematories in the thickly settled portions of the Citywhen public interest or public health may demand, and may regulate internment of the deceased. 5 C e f,;,;_. SECTION. . 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 his removal from, office by the City Manager or by any of his 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 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 the Section shall be guilty of a misdemeanor and upon conviction thereof shall cease to be d Council- member. • SECTION APPOINTMENT AND REMOVAL OF CITY SECRETARY The Mayor shall appoint and remove the City Secretary and such Assistant City Secretaries as deemed advisable with approval of 4/5 majority of the Council. The City Secretary, or an Assistant 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 the purpose , all ordinances and resolutions , and shall perform such other duties as the City Manager shall assign to him/her. and those elsewhere provided for in this Chapter. SECTION . APPOINTMENT AND REMOVAL OF CITY ATTORNEY The Mayor shall appoint and remove the City Attorney with approval of four-fifths (4/5) majority of the Council. The City Attorney shall be a competent attorney, duly licensed and admitted to the practice of law by the State of Texas . The City Attorney shall be legal advisor of and attorney for all officers of the City and shall represent the City in all litigation and legal proceedings . He shall approve the legality of every ordinance before it is acted upon by the Council. SECTION .. MUNICIPAL COURT There shall be a court known as the Municipal Court of the City of Richland Hills , with such jurisdiction, powers , and duties as are given and prescribed by the laws of the State of Texas . ( 1 ) Judge of the Municipal Court The Municipal Court shall be presided over by a Magistrate who shall be known as the Municipal Judge , and shall be a competent and duly licensed attorney, practicing law in Tarrant County. He shall be appointed or removed by the Mayor Vitt' approval of four-fifths (4/5) majority of the Council. In the event the Municipal Judge is unable to act for any reason or in the event of a vacancy, the Mayor may appoint one or more qualified persons to act as substitute or temporary Municipal Judge to aotbia the event of a vacaWor in the event the Municipal Judge is unable to act for any reason. Page 5 c:irticle vJ. Dt:U Jull r c,vuvi +� -LL (2 ) Clerk of the Municipal Court There shall be a Clerk of the Municipal Court who shall be appointed by or removed by the Mayor and approved by four-fifths (4/5) majority of the ' Council. The Clerk shall have power to administer oaths and affidavits , make certificates , affix the seal of the Court thereto, and otherwise per- form any and all acts necessary in issuing process of such Court and con- ducting the business thereof. There shall be such deputy clerks of the Municipal Court as may be authorized and appointed by the Council , who shall have authority to act for and on behalf of the Clerk of the Municipal Court. (3) Procedure in the Municipal Court All complaints , prosecutions , the service of process , commitmenttof thos convicted of offenses , the collection and payment of fines , the atten- dant and service of witnesses and juries , punishment for contempt , bail and taking of bonds shall be governed by the provisions of Title 2 of the Code of Criminal Procedure of the State of Texas applicable to Municipal Courts. ARTICLE VII DEPARTMENTS SECTION 1 . GENERAL The City Council may create or establish, abolish or consolidate , as many departments or offices as it may deem necessary for the best interest of the City. It may divide the administration of such departments or offices as it may deem advisable. ARTICLE VIII PUBLIC UTILITIES SECTION 1 . CITY OWNERSHIP AND OPERATION THEREOF / (0) In General The City shall have Dower 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 1111 to 1118, in- clusive , of the 1925 Revised Civil Statutes of Texas , 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 Article 1175 of the 1925 Revised Civil Statutes of Texas , 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 provate purposes , or otherwise , and with full and complete power and right of eminent domain proper and necessary efficiently to carry out said objects. o Power to Contract for public Utilities The City is authorized to enter into contracts or leases with indi- viduals , corporations , partnerships , or other municiapl 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 contractor lease ; or to permit individuals , corpor- ations , 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. (p 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 thd: affairs of the City, and of its inhabitants on such terms as the City Page 4 (Article VIII Secti.oii= ) (3) continued ) • Council may deem proper, for sale and distribution to the inhabitants of the City or adjacent territory. • SECTION 2. REgULATION OF puma UTILITIES ( 1 ) 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 corpor- ation enjoying a franchise in the City, or engaged in furnishing a public utility service in the City, and shall in determining, fixing and regulating such charges , fares or rates of compensation, base the same upon the fair value of the propertyof such person, firm or corporation devoted to furnishing service to such City or the ihhabitants thereof. The City Council may pre- scribe 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 tide to time may alter or change such rules , regulations , and compensation ,pro- vided that, in adopting such regulations and in fixing or changing such com- pensation. or determining the reasonalbeness thereof, no stock or bonds authorized or issued by any corporation emjoying such franchise shall be considered unless onproof that the same have been actually issued by the corporation for money paid and used for the development of the corporate pro- perty, labor done or property actually received in accordance with 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 in- spect 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 . (2 ) Any company, corporation or person engaged in furnishing to the inhabitants of the City any light , power, gas , telephone , transit or other public utility services , may be required at any time by ordinance or reso- lution of the City Council to file with the City Council sworn written reports pertaining to their 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, which shall also fix the time within which the report shall be filed. (3) In addition to the foregoing powers the Oity shall have all the powers and privileges provided for by Article 1175 of the Revised Civil Statutes of Texas in regulating public utilities . ARTICLE IX CONTRACTS SECTION 1 . GENERAL All contracts that the City has at the time of the adoption of this Charter shall remain in full force and effect. This provision shall include , but not be limited to, all bonded indebtedness , contracts for professional services , contracts for improvements , lease contracts , or any other agreement binding upon the City of Richland Hills , Texas , immediately prior to the adoption of this Charter. SECTION 2. PERSONAL SERVICES No contract shall ever be made which binds the City for personal services , exceptfor professional or City Manager services to be rendered for R` any stated period of time , but all appointive employees shall be subject to preemptory discharge , and when discharged shall only be entitled to compen- sation up to and including the date of their discharge , and provision to the contrary in this Charter notwithstanding. INN Contracts for professional or City Manager services shall be of a term of no lonLer than five (5) years , and shall contain express language pro- viding for termination without compensation beyond the date of occurrence of Page 5 (Article IX, Section 2 , continued ) 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. SECTION 3. GOODS , MATERIALS , SERVICES OR SUPPLIES The City Or any agent of the City, acting for it shall not make any contract for goods , materials , services , or supplies for the current use of any department of the municipality for more than one year, except as in this Charter provided, unless said contract and the cost thereof have been included in the annual budget of the City and unless an appropriatiin has been made therefor, and no contracts or purchases shall exceed the amount appropriated. All contracts shall be made upon specifications and competitive bids except inthose cases where such specifications and competitive bids are not required by State law or in contracts for professional services , and no contract shall be binding until it has been signed by a designated representative of the City. Whenever the cost of any contracts charged to any appropriat il on equals the amount of such appropriation, no person representing the City shall sign or make any additional contracts chargeable to such appropriation. Any con- tract for current expenditures , exceeding the amount set up in the budget or the appropriation therefor shall be void. SECTION 4. COMPETITIVE BIDDING after approval of specifications by the City Council, advertisement shall be published in the official newspaper of the City at least once in each week for two consecutive weeks , inviting competitive bids for labor and material embraced in the proposed oontract. All bids received shall be sealed and delivered to the City Secretary. At the time and place announced in said notice , the bids shall be opened and noaward shall be made except to one of such bidders . The City Council shall determine the most advan- tageous bid for the City, and shall award the contract to such bidder, but the City Council shall always have the right to resect any and all bids , and in the event all bids are rejected, may call for new bids which shall be ad- vertised in like manner as the original bids . Pending advertisement of such proposed contracts , the specifications shall be on file in the office of the City Secretary subject to the inspection of all persons desiring to bid. No contract shall ever be authorized except by approval of the City Council ; provided, however, that contracts for less than Two Thousand Dollars (p .000_gpl may be awarded without advertisement and bid , as herein required, f in the opinion of the City Council such advertisement and bid should be waived and provided further that in case of public calamity, where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens , or to preserve the property of the City, or in case of inforseen damage to public property, machinery or equipment , this provision shall not apply. SECTION 5 FRANCHISES AND SPECIAL PRIVILEGES ( 1 ) The rightto 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 except by ordinance duly passed by four-fifths (4/5) affirtative votes of the City Council, and no grant of any franchise or lease , or right to use the same , either on, through, along, across , under of over the same , by any private corporation, association or individual shall be granted by the City Council for a longer period than fifty ( 50) years unless submitted to the vote of the legally qualified voters of the City in the manner provided for in Articles 1181 and 1182 of the Revised Civil Statutes of Texas , the expense of such election to be borne by the applicant . (2 ) The City Council may, of its own motion, submit all of such appli- cations , 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. Page 6 (ARTICLE IX, Section 5 continued ) ( 3) No franchise shall ever be granted until it has been approved by four-fifths (4/5) of the members elected to the City Council , after having • been read in full at two (2 ) regular meetings 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. (4 ) Every §uch 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 . ( 5) No franchise grant shall ever be exclusive . (6) 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 FROPERTY SECTION 1 . ACQUISITION OF PROPERTY ( 1 ) 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 . (2 ) 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 Article 1175, Vernon 's Annotated Texas Statutes , Subdivision 11 , 13, 15, and any other Subdivisions thereof, 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 in- clude 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 which 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 which may be in use to serve any other community and shall also include the right to acquire by eminent domainor purchase any properties located outside of the corporate boundaries of the City if needed by the City in operation of such utility system. (3) If the City fails to agree with the owners of such utility company as to the value and damages for acquisition of such utility system, the City shall then file a statement with the Judge of the County Court at Law of Tarrant County, Texas , describing the physical properties , easements , franchises , and other tangible and intangible properties and rights sought to be condemned, and shall state the purpose for which it is intended Ito be used, the names of the owners , and that the City and the owners have been unable Po agree upon the value of such property and rights . In such statement said Judge of the County Court of Law of Tarrant County, Texas , shall be re- quested to appoint three commissioners who are disinterested persons and who know the values of such types of utilities as going concerns as well as values of the physical properties , easements , franchises , and tangible and intangible properties and rights involved in such condemnation. Such commissioners shall be instructed by said 2udge to consider all relevant factors and evidence as to the value of the physical properties being con- Page 7 (Article X, Section 1,cont inued) �1 demned and also the easement , franchises , and other tangible and intangible properties and rights so as to determine the fair value of such utility as an operating system and to determine the damages which will be sustained by such condemnee through such taking, and -the relevant- factors and evidence- to • be considered by said commissioners shall not be limited to the value of the physical properties and easements . • (4) All of the books and records of said utility company shall be made available for examination and study by said commissioners , and said commis- sioners shall have the power to compel the attendance of witnesses and pro- duction of books and records in the same manner as the Fudge of the County Court at Law of Tarrant County, Texas . ( 5) The City shall not take possession of the property being condemned, or any part thereof, until after entry of a final judgment andexpiration of the time for appeal or motion for rehearing. (6) Except as otherwise specified herein, the procedure to be followed in condemnation of any part or all of the properties and rights of a utility company shall follow the statutory provisions of Articles 3264-3271 , both inclusive , Vernon's Annotated Texas Statutes , and the common law applicable to eminent domain. SECTION 2. REAL ESTATE, ETC. , OWNED BY THE CITY All real estate owned in fee simple titled, or held by lease , sufferance , easement , or otherwise ; all public buildings , fire stations , parks , streets and alleys , and all property, whether real or personal, of whatever kind, character or description, now owned or controlled 'bythaeCity, shall vest in, inure to, remain, and be the property of said City under this Charter; and all causes of action, chooses in action, rights or privileges of every kind and character, and all property of whatsoever character or description which may hate been held, and is now held, controlled or used by said City for public uses , or in trust for the public, shall vest in and remain and inure to the City under this Charter, and all contracts , suits and pending actions to which the City heretofore was or now is a party, plaintiff or defendant, shall in no way be affected or terminated by the adoption of this Charter, but shall continue unabated. Page 1 Tentative Articles of Richland Hills Charter III ARTICLE XI STREET AND ALLEYS SECTION 1. 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 and close, lower, grade , narrow, care for, supervise , maintain and improve any public street, alley, avenue. or boulevard, 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 or boulevard 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 or boulevard so vacated and abandoned, or the City' s right to convey same in exchange for other lands to be used in laying aut , 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 SECTION 1 . PREPARATION AND SUBMISSION OF BUDGET The city Manager, at least thirtyfive days prior to the beginning of each budget year, shall submit to the Council a budget and an explanatory budget message in the form and with the contents provided by Sections twelve ( 12) through fifteen ( 15) of this article. For such purjose , at such date as he shall determine , he , or an officer designated by him, shall obtain from the head of each office , department or agency estimates of revenue and expend- iture of that office , department or agency, detailed by organization units and character and object of expenditure and such other supporting data as he may request ; together with an estimate of all capital projects pending or whtEh such department head believes should be undertaken ( a) within the budget year and (b) within the five next succeeding years. In preparing the budget , the City Mansger shall review the estimates , shall hold hearings thereon and may revise the estimates, as he may deem advisable. SECTION 2. BUDGET - A PUBLIC RECORD The budget and budget message and all supporting schedufiesshall be a public record in the office of the City Clerk open to public inspection by anyone. The City Manager shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons. SECTION 3. PUBLICATION OF NOTICE OF PUBLIC HEARING. At the meeting of the Council at which the budget and budget message are submitted, the Council shall determine the place and time of the public hearing on the budget , and shall cause to be published a notice of the place and time not less than seven ( 7) days after the date of publication, at which the Council will hold a public hearing. SECTION 4. PUBLIC HEARING ON BUDGET. At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the Council shall hold a public hearing on the budget as submitted, at which all interested persons shall be given an opportunity to be heard, for or against the esti- mates or any item thereof. Page 2 oArticle All cont. ) Lll • SECTION 5. FURTHER CONSIDERATION OF BUDGET After the conclusion of such public hearing, the Council may insert new items or may increase or decrease the items of the budget , except items in proposedexpenditures fixed by l w or prescribed by Subsections ( 1 ) , (2) , ( 3) , (4) , ( 5) , (6) , ( 7) , (8) , and ( 9) of Section 25. The Council may not vary the titles, descriptions or conditions of administration specified in the budget . Before inserting any additional item or increasing any item or appropriation, it must cause to be published a notice setting forth the nature of the pro- posed increases and fixing a place and time , not less than five days after publication, at which the Council will hold a public hearing thereon. SECTION 6. ADDITION OF BUDGET After such further hearing, the Council may insert the additional item or items, and make the increase or increases, to the amount in each case indi- cated by the published notice, or to a lesser amount , but where it shall in- crease the total proposed expenditures, it shall also increase the total anticipated revenue to at least equal such total proposed expenditures. SECTION 7. w__AJORITY OF FULL COUNCIL REQUIRED The budget shall be adopted by the favorable votes of at least a majority of all members of the Council. SECTION 8. DATE OF FINAL ADOPTION: FAILUJRE TO ADOPT The budget shall be finally adopted not later than the twenty-seventh day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget , as submitted, shall be deemed to have been finally adopted by the Council. SECTION 9. EFFECTIVE DATE OF BUDGET: CERTIFICATION: COPIES MADE AVAILABLE Upon final adoption, the budget shall be in effect for the budget year. A copy of the budget , as finally adopted, shall be certified by the City Manager and City Secretary and filed in the office of the City Secretary. The budget so certified shall be printed, mimeigraphed or otherwise repro duced and sufficient copies thereof shall be made available for the use of all offices, departments and agencies and for the use of interested persons and civic organizations. SECTION 10. BUDGET ESTABLISHED APPROPRIATIIN From the effective date of the budget , the several amounts stated therein as propsed expenditures shall be and become appropriated to the several ob- jects and purposes therein named. SECTION 11 . BUDGET ESTABLISHES AMOUNT TO BE RAISED BY PROPERTY TAX: CERTIFICATION TO TAXING AUTHORITY. From the effective date of the budget , the amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the City, and the corresponding tax year. A copy Of the budget , as finally adopted, shall be certified by the City Manager and filed by him with the officer, board, or commission whose duty it shall be to levy such taxes for the corresponding tax year. SECTION 12. BUDGET MESSAGE: CURRENT OPERATIONS. The budget message submitted by the City Manager to the Council shall be explanatory of the budget , shall contain an outline of the proposed financial DQ J.Ps;,of,the City for the budget year and shall describe in connection thereviith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous year in cost and revenue and shall explain any major changes of financial policy Page 3 ( Article XII cont. ) III SECTION 43. BUDGET MESSAGE: CAPITAL IMPROVEMENTS. As part of the budget message , with relation to the proposed expenditures for doan payments and other proposed expenditures for capital projects stated in the budget , the City Manager shall include a statement of pending capital projects and proposed new capital projects , relating to respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, broposed to be raised therefor by the issuance of bonds during the budget year. SECTION 14. BUDGET MESSAGE: CAPITAL PROGRAM The City Manager shall also include in the message , or attach thereto:', a capital program of proposed capital projects for the five ( 5) fiscal years next succeeding the budget year , prepared by the planning commission, together with his comments thereon and any extimates of costs prepared by the department of public works or other office, department or agency. For the use of the planning commission in preparing such capital program, copies of the department estimates of capital projects, filed with the City Manager pursuant to Section 1 of this Article shall be filed with the commission. SECTION 15. BUDGET MESSAGE: SUPPORTING SCHEDULES. Attached to the budget message shall be supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital improvements, as the City Manager shall believe useful to the Council. SECTION 16. BUDGET. The budget shall provide a complete financial plan for the budget year. It shall contain in tabular form: ( 1 ) a general summary (2) detailed estimates of all anticipated revenues applicable to proposed expenditures ; and ( 3) all proposed expenditures. The total of such anticipated revenues shall equal the total of such proposed expenditures. SECTION 17. ANTICIPATED REVENUES. Anticipated revenues shall be classified as "surplus,""miscellaneous reve- nues" and "amount to be raised by property tax;" miscellaneous revenues shall be subclassified by sources and shall be estimated as prescribed in Sections 20 to 24 of this Article. SECTION 18. ANTICIPATED REVENUES COMPARED WITH OTHER YEARS. In parallel columns opposite the several items of anticipated revenues there shall be placed the amount of each such item in the budget of the last completed fiscal year, the amounts of such items, actually received during the year, the amount of each such item in the budget of the current fiscal year and the amount actually received to the time of preparing the budget plus receipts for the remainder of the current fiscal year estimated as accurately as may be. SECTION 19. SURPLUS Surplus shall include : ( 1 ) revenue receipts made available by the lapsing of unencumbered appropriation balances at the beginning of the budget year; (2) receipts from unanticipated miscellaneous revenues of the preceding fiscal year; ( 3) receipts from anticipated miscellaneous revenues of the preceding fiscal year in excess of the estimates in the budget ; and (4) receipts during the previous fiscal year from taxes or liens against which a complete reserve has been established. Page 4 ( Article XII cont. ) III SECTION• 20. MISCELLANEOUS REVENUES. Miscellaneous revenues shall include anticipated revenues from the col- lection of taxes other than the general property tax; the amount of the State aid to be received; the amount of Federao aid and Federal revenue to be re- ceived; the amount by which the City is expected to benefit from taxes collected by the State ; the amounts estimated to be received from services and sales, fines and forfeitures, pension assessments, special assessments and any other special or non-recurring sources. SECTION 21 . MISCELLANEOUS REVENUES; ANTICIPATED SURPLUS FROM MUNICIPAL UTILITY OR OTHER PUBLIC SERVICE ENTERPRISE. The anticipated revenues and proposed expenditures of each utility or other public service enterprised owned or operated, by the City, shall be stated in a separate section of the budget ( each bearing the name of the utility) ; and as to each such utility, and anticipated surplus, if legally available for general purposes, shall be stated as an Ppm of miscellaneous revenue in the budget. SECTION 22. MISCELLANEOUS REVENUE; MEASURE OF ESTIMATES. No miscellaneous revenue from any source shall be included as an antici- pated revenue in the budget in an amount in excess of the average of the amount actually realized in cash from the same source in the next preceding fiscal year, and that actually realized in the first ten months of the current fiscal year plus that to be received in the remaining two months of the year estimated as accurately as may be , unless the City Manager shall determine that the facts clearly warrant the expectation that such excess amount will actually be realized in cash during the budget year and shall certify such determination in writing to the Council. SECTION 23. MISCELLANEOUS REVENUES; RECEIPTS FROM SPECIAL ASSESSMENTS. Revenues from the collection of special assessments on property specially benefited shall not be stated in an amount which is in excess of the amount of the receipts so derived which it is estimated will be held in cash on the first day of the budget year. SECTION 24. MISCELLANEOUS REVENUES; FROM NEW SOURCES. No revenue from a new source not previously stated in the budget shall be included unless the City Manager shall determine that the facts clearly warrant the expectation that such revenue will be actually realized cash during the budget year in the amount stated and shall certify such determina- tion in writing to the Council. If the new revenue is to be received from the State , the anticipated amount shall not exceed the amount which the proper officer of the State shall declare in writing to be the amount which may reasonably be anticipated in the budget year. SECTION 25. PROPOSED EXPENDITURES. The proposed expenditures shall be itemized in such form and to such extent as shall be provided by law, and in the absence of such provision, by regulations established by ordinace. Separate provision shall be included in the budget for at least: ( 1 ) interest , amortizationand redemption charges on the public debt for which the faith and credit of the City is pledged; (2) other statutory expenditures; (3) the payment of all judgments; (4) the amount by which the total receipts of miscellaneous revenues in the last completed fiscal year failed to equal the total of the budget estimates of receipts from miscellaneous revenues in that year; ( 5) an amount equal to the aggregate of all taxes levied for the third fiscal year prior to the budget year which are delinguent and out- standing on the sixtieth day prior to the beginning of the budget year except to the extent the City may have made provision therefor Page 5 ( Article XII cont. ) III by. reserving the full amount of said delinquent taxes; (6) an amount equal to the aggregate of all cancellations, remissions , abatements and refunds of taxes, that have been made during the current fiscal year; ( 7) an amount equal to the aggregate of all special revenue notes which it is estimated will be outstanding at the end of the current year in anticipation of the collection of revenues other that the property tax; (8) an amount equal to the aggregate of all emergency notes which it is estimated will be outstanding at the end of the current year; ( 9) if the City is required to make up the deficit arising from the opera- tions of utilityy or other public service enterprises, an -amount equal to the deficit from such operations during the last completed fiscal year, separately stated from each utility or other public service -cen- terprise which appears in a separate section of the budget ; ( 10) administration, operation and maintenance of each office, department or agency of the City itemized by character and object of expenditure ; ( 11 ) Contingent expense in an amount not more than three per centum of the total amount stated pursuant to Subsection ( 10) of the Section; and ( 12) expenditures proposed for capital projects including provisions for down payments on capital projects, as required by Section 27 of this Charter. SECTION 26. PROPOSED EXPENDITURES, COMPARISON WITH OTHER YEARS. In parellel columns opposite the several items of proposed expenditures there shall be placed the amount of each such item in the budget of the last completed fiscal year, the amount of such items actually expended during such year, the amount of each such item in the budget of the current year, and the amount actually expended to the time of preparing the budget plus the expendi- tures for the reminder of the current fiscal year estimated as accurately as may be. SECTION 27. DOWN PAYMENT ON CAPITAL PROJECTS Tinder the special caption of "down payments on capital projects," as provided in Subsection ( 1 ) of Section 25 of the Charter, ther shall be separately stated as to each capital project for which it is expected that bonds will be authorized during the budget year, a sum which is not less than five ( 5) per centum of the amount of bonds to be authorized for that project. For purpose of the down payments, all street improvements expected to be partly financed by the issuance of bonds during the budget year may be considered a single project ; so also may all proposed extensions of the water system, and likewise all exptensions of the sewer systems. Such an appropriation for a down payment shall not be required before the issuance of bonds to finance any capital ex- penditure which is the result of fire , flood , or other disaster, or which is for a City owned or operated utility or other public service enterprise , or which is to be met in part , in cash, labor or materials, by any agency of the Government of the United States of America, or of this State. SECTION 28. BUDGET SUMMARY At the head of the budget there shall appear a summary of the budget , which need not be itemized further than by principal sources of anticipated revenues, stating separately the amount to be raised by property tax, and by departments and kinds of expenditures, in such manner as to present to tax- payers a simple and clear summary of the detailed estimates of the budget. SECTION 29. CREATION OF SINKING FUND AND INVESTMENTS. The ordinance authorizing any bonds to be issued shall provide for the creation of a sinking fund sufficient to pay the bonds or warrents at maturity, and make provision for the payment of the interest thereon as it matures, and any surplus in any sinking fund or any general fund may be invested in bonds of State of Texas, or in securities of the United States, or such funds may be Page c1 ( Article XII cont. ) 111 J used for 'the purchase of the bonds or warrants of the City of Richland Hills , Texas which are not yet due , provided , however, that the price paid for said bonds or securities shall not exceed the market value at the time of purchase and the accrued interest provided for in said bonds or securities , and provided further that no such bonds or securities shall be purchased, which , according to their terms , mature at a date subsegyzent to the time of maturity of the bonds for the payment of which sinking fund was created. Neither interest or sinking fund shall be devoted to any other purpose whatsoever. SECTION 30. DIVERSION OF INTEREST OR SINKING FUND. Any officer of the City who shall direct or use the interest or sinking funds for any purpose except that for which the fund is created or is expressly authorized to be invested , shall be liable and responsible to the City of Rich- land Hills in the full amount of such diversion and/or use , with lawful inter- est ; and in case such diversion or use is made or participated in by more than one officer of the City and the liability and responsibility therefor shall be joint and several. SECTION 31 . INDEPENDENT AUDIT The Council shall cause an independent audit to be made of the books of account , records and transactions of all the administrative departments of the City at least once yearly. Such audits , during such fiscal year, shall be made by one or more certified public accountants who for three years next pre- ceeding have held a certificate issued by the State Board of Accountancy of the State of Texas , or by a state maintaining an equal standard of professional requirements , which entitled the holder of such certificate to a Texas certi- ficate. The auditor or auditors to make the said audit shall be selected by the Council, and shall be responsible to the Council. The duties of the auditor or auditors so appointed shall include the certification of all statements. Such statements shall include a balance sheet , exhibiting the assets and liabilities of the City, supported by departmental schedules for each publicly owned or operated, summaries of income and expenditures, supported by detailed schedules; and also comparisons, in proper classification, with the last pre- vious year. The report of such auditor or auditors for the fiscal year shall be printed and copy thereof shall be furnished to each member of the Council , the City Wanager, and to each citizen who may apply therefor, and the same shall also be published once in the official newspaper. The original report of the said auditor or auditors shall be kept among the permanent records of the City. ARTICLE XIII TAXATION SECTION 1 . PROPERTY SUBJECT TO TAXATION All property, real , personal or mixed, lying and being within the cor- porate limits of the City of Richland Hills on the first day of January , shall be subject to taxation, excepting such property as may be exempt from taxation under the Constitution, and the laws of the State of Texas. It shall be the duty of the Assessor and Collector of Taxes , between the first day of January and the first day of July of each year, to make and return to the governing body of the City a full and complete list and assessment of all property, both real and personal, held , owned or situated in said City on the first day of January of each year and not exempt from municipal taxation, and also a list of all banks, and other corporations whose capital stock is liable to taxation, with the cash value of the shares of stock of each bank or other corporation and the names of the owners thereof. SECTION 2. POWER TO TAX. The governing body of the City shall have full power to provide by ordin- ance for the prompt collection of taxes assessed, levied and imposed under the Charter, and is hereby authorized, and to that end may and shall have full power and authority to sell or cause to be sold all kinds of property, real Page,, ( Article XIII cont. ) III and personal, and may and shall make such rules and regulations and ordain and pass all ordinances deemed necessary to the levying, laying, imposing, assessing and collectin of any taxes provided for in the Charter. Unless otherwise pro- vided by ordinance and the Charter, all property in such City liable to taxation shall be assessed in accordance with the provisions of the general laws of the State insofar as applicable. SECTION 3. EXEMPT PROPERTY There shall be exempt from taxation, all property now and hereafter made exempt by the Constitution of the State of Texas. SECTION 4. PUBLIC NOTICE TO RENDER. The Assessor and Collector of Taxes- shall , at least ten ( 10) days before the first day of January of each year, give public notice by advertisement in the official newspaper that all persons owning or controlling, as agent or otherwise , any personal property or real estate subject to municipal taxation, are required to render same for taxation co or before the first day of April of each year. All merchants doing business in the City are required within the same time to furnish the Assessor and Collector of Taxes a true statement , ver- ified by affidavit , of all goods, wares and merchandise owned or kept on hand by such merchant on the first day of January. SECTION 5. TAXATION OF FRANCHISES. All rights, privileges and franchises heretofore or hereafter granted to and held by any person, firm or corporation, in the streets, alleys, highways, or public grounds or places in said City, shall be subject to taxation by said City, separately from and in addition to the other assets of such person, firm or corporation, and the governing body of the City may require the rendition and assessment thereof accordingly. SECTION 6. RENDITION AND EVALUATION. All property, real and personal, shall be rendered for taxation by the owner thereof or his agent , as provided by the Laws of the State for the ren- dition of property for assessment by the County, insofar as applicable ; pro- vided, however, that in making such renditions the owner or agent shall be required to state the true and full value of the real and personal property, and shall furnish to the Assessor and Collector, verified by the oath of the party making such rendition a full and comi5lete list and schedule of all property, real and personal, belonging to the person, firm or corporation in whose name such property is rendered. It shall be the duty of the Assessor and Collector to value each and every item of the property so rendered in accordance with the fair market price thereof upon a basis of valuation to be applied alike to all taxpayers, and to transmit to the governing body of the City all rendi- tions thus made together with a statement by him, verified by his oath, to the effect that he has truly, fairly and equally valued all such property. SECTION 7. TAXES: WHEN DUE AND PAYABLE. All taxes due the City of Richland Hills shall be payable at the office of the City Assessor-Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall not be later than September 1 . Taxes shall be paid before February 1 , and all such taxes not paid prior to such date shall be deemed deliquent and shall be subject to such penalty and interest as the City Council may provide by ordinance. Failure to levy and assess taxes through omission in preparation of the approved tax roll shall not relieve 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 receipts for the year in question. SECTION 8. POWER TO BORROW. The City of Richland Hills shall have the right and power to borrow money 'on the credit of the City for permanent public improvements or for any other Pageq ( Article XIII cont. ) • Ill public purpose consistent with the Constitution and laws of the State of Texas. The City shall also have tje power to borrow money against the re- venues of any municipally-owned utility and to mortgage the physical proper- ties of such utilities in payment of such debt. In no event , however? shall revenue bonds be considered an indebtedness of the City of Richland Hills nor require to be repaid with funds secured by taxation. SECTION 9. LIMITATION ON TAX PATE. The maximum tax rate shall not exceed $1 .0 on the One Hundred Dollars ( 100.00) valuation of taxable property within the City. ARTICLE XIV PLANNING BUILDING REGULATIONS A. PLANNING SECTION 1 . THE PLANNING AND ZONING COMMISSION There shall be established a Planning and Zoning Commission which shall consist of five ( 5) citizens from the City of Richland Hills who own real property within said City. The members of said Commission shall be appointed by the City Council for a term of two ( 2) years. Two (2) members of the Planning and Zoning Commission shall be so appointed each odd-numbered year and three (3) members shall be so appointed each even-numbered year. The Commission shall elect a Chairman from its membership and shall meet not less than once each month. Vacancies and unexpired terms shall be filled by the Council for the remainder of the term. A majority of the members shall con- stitute a quorum. Members of the Commission may be removed by the Mayor with the consent of the Council after a public hearing and for cause set forth in writing. The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation. SECTION 2. PLANNING AND ZONING COMMISSION POWERS AND DUTIES. The Planning and Zoning Commission shal: ( 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 Zoning 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 Commission shall be responsible to and act as an advisory body to the Council and shall have and perform such additional duties as may be prescribed by ordinance. SECTION 3. MASTER PLAN. The I•°aster Plan for the physical development of the City of Richland Hills shall contain the Commission' s recommendations for growth , development and beautification of the City. A copy of the Master Plan, or any part thereof, shall be forwarded to the City Council , which may adopt this plan in whole or in parts, and may adopt any amendments thereto after at least one public hearing on the proposed action. The City Council shall act on such Plan, or part thereof, within sixty (60) days following its submission. If such a plan, or part thereof, shall be rejected by the Council, the Commission may modify such plan, or part thereof, and again forward it to the City Council for consideration. All amendments to the Master Plan recommended by the Commission shall be submitted in the same manner as outlined above to the City Council for approval and all recommendations affecting the Master Plan shall be accompanied by a recommendation from the Planning and Zoning Commission. SECTION 4. LEGAL EFFECT OF THE MASTER PLAN. Upon the adoption of a Master Plan by the City Council, no subdivision, Page 30 ( Article XIV cont. ) III street , spark 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 raster Plan shall be constructed or authorized by the City Council until and unless the locatiDn 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, it real property, shall be subject to similar submission and approval by the Planning and Zoning Commission, and failure to approve may be similarly over- ruled by the City Council. R. BUILDING REGULATIONS SECTION 1 . GENERAL The City may regulate the erection, building, placing, moving or repairing of buildings or other structures, within such limits of the City as it may designate and prescribe , in order to guard against the calamities of fire , flood , or windstrom and my within said limits prohibit the moving or putting up of any building or other structure from without said limits, and may also prohibit the removal of any building or other structure from one place to another within said limits, and may direct that all buildings or other struc- tures within the kinit so designated as aforesaid shall be made or con- structed of fire-resistant materials, and may declare any dilapidated building or structure to be a nuisance and direct the same to be repaired, removed or abated in such manner as they shall direct ; to declare all buildings and other structures in the fire limits which they deem dangerous to continguous build- ings, or in causing or promoting fires, to be nuisances, and require and cause the same to be removed in such manner as they shall prescribe. SECTION 2. BUILDING LINES. The City shall have the power, for the purpose of promoting the pbulic health , safety, order, 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 street or streets, and to require their observance by suitable penalties. ARTICL RECALL OF OFFICERS _ SECTION 1 . SCOPE OF RECALL. Any City official elected by the people , shall be subject to recall and removal from office by the qualified voters of the City on grounds of incom- petency, misconduct or malfeasance in office. ' SECTION 2. 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 sub- mitted 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 (25) percent of the number of votes ast at the last regular municipal election of the City, but in no event , less \-, han 350 such petitioners. Each signer of such recall petition shall personally *' sign his name thereto in ink or indelible pencil, and shall write after his name his place of residence , giving name of street and number, or place or re sidence , and shall also write thereon the day, the month and year his signature was affixed. SECTION 3. FORM OF RECALL PETITION. The recall petition mentioned in Section 2 of this Article must be addressed Page ) 1 (Article V cont. ) III to the City Council of the City of Richland Hills, must distinctly and specifi- cally point out the ground or grounds upon which such petition for removal is predicated, and, if there be more than one ground, such as for incompetency, misconduct or malfeasance in office , shall specifically state each ground with such certainty as to give the officer sought to be removed, notice of the matters and things with which he is charged. The signature shall be' verified by oath in the following form: STATE OF TEXAS X COUNTY OF TARRANT X I, , being first duly sworn on oath depose and say that I am one of the signers of the above petition; and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day anddate it purports to have been made , and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. Sworn and subscribed to before me this day of 19 -• Notary Public in and for Tarrant County, Texas SECTION 4. VARIOUS PAPERS CONSTITUTING PETITION. The petition may consist of one or more copies , or subscription lists, circulated separately, and the signatures thereto may be upon the paper or papers containing the form of petition, or upon other papers attached thereto. Verifications provided for in the next preceding section of this Article may be made by one or more petitioners , and the several parts or copies of the petition may be filed separately and by different persons; but no signatures to such petition shall remain effective or be counted which were placed thereon more than forty-five (45) days prior to the filing of such petition or petitions with the person performing the duties of City Secretary. All papers comprising a recall petition shall be filed with the person performing the duties of City Secretary on the sane day and the said Secretary, shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to his Richland Hills address. SECTION 5. PRESENTATION OF PETITION TO CITY COUNCIL. Within five ( 5) days after the date of the filing of the papers constituting the recall petition, the person performing the duties of City Secretary shall present such petition to the City Council of the City of Richland Hills. SECTION 6. PUBLIC HEARING TO BE HELD The officer whose removal is sought may, within five ( 5) days after such recall petition has been presented to the City Council, request that a public hearing be held to permit him to present facts pertinent to the charges speci- fied in the recall petition. In this event , the City Council shall order such public hearing to be held not less than five ( 5) days nor more than fifteen ( 15) days after receiving such request for a public hearing. SECTION 7. ELECTION TO BE CALLED. If the officer whose removal is sought does not resign, then it shall become the duty of the City Council to order an election and fix a date for holding such recall election, the date of which election shall be not less than twenty-five (25) nor more than thirty-five (35) days from the date such petition was presented to the City Council, or from the date of the public hearing if one was held. AV cont. ) • III SECTION 8. BALLOTS IN RECALL ELECTION B allots used at recall election shall confo rm to the following requirements: ( 1 ) With respect to each person whose removal is sought , the question shall be submitted: "Shall (name of person) be removed from the office ( name of office) by recall?" ( 2) Immediately below each question there shall be printed the two following propositions, one above the other, in the order indicated: "For the recall of ( name of person) "Against the recall of ( name of person) ." In voting said ballot the voter shall indicate his vote in favor of recall by scratching or running a line through the words '{against the recall" and shall indicate his vote against recall by scratching or running a line through the words "for the recall." SECTION 9. RESULT OF RECALL ELECTION. If a majority of the votes cast at a recall election shall be against the recall of the person named on the ballot , he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes cast at suctr an election be for the recall of the person named on the ballot , he shall , regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled as vacancies in the City Council are filled. SECTION 10. RECALL, RESTRICTION THEREON No recall petition shall be filed against any officer of the City of Richland Hills within three ( 3) months after hI /her election, nor within three ( 3) months of ter an election for such officer' s recall. SECTION 11 . FAILURE OF CITY COUNCIL TO ACT J;> In case all the requirements of this Charter shall been met and the City Council shall fail or refuse to receive the recall petition, or order such recall election or discharge any other duties imposed upon said City Council by the provision of this Charter with reference to such recall, then the County Judge of Tarrant County Texas, shall discharge any of such duties herein provided to be discharged by the person performing the duties of the City Secretary or by the City Council. Page 1 Tentative Articles of Richland Hills Charter IV V 1:ARTICLE XVI iINITIATIVJ AND REYI;RENDUM S7CTION 1 . GENERAL POWER. The registered, qualified voters of the City of Richland Hills, in addition to the method of legislation hereinbefore provided, shall have the _power to direct legislation by initiative and referendum. SECTIO1N 2. A. INITIATIVE. Qualified voters of the City of Richland Hills may initiate legis- lation by submitting a petition addressed to the City Council which requests the submission of a proposed ordinance or resolution to a vote of the quali- fied 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 . L,G a sy` regular municipal election of the City, or 350, 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 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 person performing the duties of City Secretary, shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation to it of the petition, and draft of the proposed ordinance or resolution, it shall become the duty of the CityCnuncil, 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, to be held within thifty( 30) days thereafter, at 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 re- quire that any ordinance or resolution passed by the City Council be sub- mitted to the voters of the City for approval or disapproval, by submitting a petition for this purpose within thirty (30) days after final passage of said ordinance or resolution or within thirty ( 30) days after its publication. Said petition shall be addressed, prepared, signed and verified by oath in the manner and form provided for recall petitions as provided in Section 2, 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 perfoming 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 to be held within thirty (30) days thereafter at which 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 thereon. SECTITN_3. V0 UNTARY SUBMISSION OF LEGISLATION BY THE COUNCIL The City uuuncil, upon its own motion and by majority vote of its members, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing ordinance , resolution or measure in the same manner and within Page 2 ( Article XVI continued) IV the same force and effect as provided in Section 2 of this Article, and may, in its discretion, call a special election for this purpose. SECTION 4. FORM OF BALLOTS. The ballots used when voting upon such referred ordinances, resolutions or measures, shall set forth their nature sufficiently toidentify them and shall also set forth upon separate lines of the words: "FOR the ORDINANCE," and "AGAINST the ORDINANCE," or "FOR the RESOLUTION," and "AGAINST the RESOLUTION." SECTION 5. PUBLICATION OF REFERRED ORDINANCES. The person performing the duties of City Secretary shall publish at leastonce in the official newspaper of the City the referred ordinance or resolution within fifteen ( 15) days before the date of the election, and shall give such other notices and do such other things relative to such election as are required in general municipal elections or by the ordinance or resolution calling said election. • SECTION 6. ADOPTION OF ORDINANCES. If a majority of the registered, qualified voters voting on any broposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a law or as a mandatory order of the City Council. SECTION 7. INCONSISTENT ORDINANCES. If the provisions of two or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution : receiving the highest number of votes shall prevail. SECTION 8. FURTHER REGULATIONS BY CITY COUNCIL The City Council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this Article not inconsistent herewith. SECTION 9. FRANCHISE ORDINANCES. Nothing contained in this Article shall be construed to be in conflict with any of the provisions of Article IX, Section 5 of the Charter, per- taining to ordinances granting franchises when valuable rights shall have accrued thereunder. ARTICLE XVII GENERAL PROVISIONS SECTION 1 . CONTINUITY IN GOVERNMENT Any ordinance in effect at the time this Charter is adopted, and not therwise in conflict with this Charter, which refers to some office or em- ployment of the City which ceases to exist under this Charter, shall con- tinue in force and the powers and duties therein prescribed shall be the powers and duties of the office of employment which under this Charter, succeeds to the same general powers and duties of such office or employment under the previous Charter. SECTION 2. EFFECT OF CHARTER ON EXISTING LAW. All ordinances, resolutions, rules and regulations in force in the City on the effective date of this Charter, and not in conflict with this Charter, shall remain in force until altered, amended or repealed. All taxes Page 3 ( Article XVII continued) IV assessments, liens, encumbrances and demands, of or against the City, fixed or established before such date , or for the fixing or establishing of which proceedings have begun at such date , shall be valid when properly fixed or estab;ished either under the law in force at the time of beginning of such proceedings or under the law after the adoption of this Charter. SECTION 3. OFFICIAL OATH. All officers of the City shall, before entering upon the duties of their respective offices, take and subscribe the official oath prescribed in the Constitution of the State of Texas. Oath of office shall be admin- istered by the Mayor, Mayor Pro Tem, City Secretary, or any other person authorized by law to administer oaths. SECTION 4. PUBLIC MEETINGS. All meetings of the Council and all Boards or Commissions appointed by the Council shall be open to the public , except those authorized by law to be closed. Minutes of all public meetings shall be kept and such minutes shall constitute public records. SECTION 5. PUBLIC RECORDS. All public iecords of every office , department or agency of the City shall be open to inspection by any citizen at all reasonable times, provided that such police records, vital statistics records, or any other records which are closed to the public by law shall not be considered public records for the purpose of this Section. SECTION 6. OFFICIAL NEWSPAPER. The Council shall have the power to designate by resolution a newspaper of general circulation in theCity as the official newspaper, and shall cause to be published therein all ordinances, notices and other matters which are required to be officially published by this Charter, the ordinances of the City_% or the Constitutiin or laws of the State of Texas. SECTION 7. NOTICE OF INJURY OR DAMAGE. The City shall never be liable for any personal injury, whether resulting in death or not , unless the person injured or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death in injury, shall file a notice in writing, duly verified by the City Secretary within thirty ( 30) days after the same has occurred, stating specifically in such notice when, where and how the exact injury occurred, the full extent of the injury, the amount of damages claimed or asserted, and a list of persons, if known, who witnessed the injury. The City shall never be liable for any claim for damage or imjury to personal property unless the person whose personal property has been injured or damaged, or someone in his behalf shall file a claim in writing with the City Secretary within thirty ( 30) days after said damage or injury occirred, stating specifically when, where and how the injury was sustained. The person giving notice under this Section shall subscribe his name and the notice under oath that the statements and facts contained in said notice are true and correct. SECTION 8. EXECUTION, GARNISHMENT AND ASSIGNMENT. Property, real or personal, belonging to the City, shall not be liable for sale or appropriation under any writ# of execution or cost bill. Funds belonging to the City, in the hands of any person, firm or corporation shall not be liable to garnishment, attachment or sequestration; nor shall the City be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the City, nor any of its officers or agents, shall be required to answer any writ of Page 4 ( Article XVII continued) IV garnishment or any account whatsoever. The City shall not be liable to the assignee of any wages of any officer, agent or employee of said City, whether earned or unearned, upon any claim or account whatsoever, and as to the City such assignment shall be absolutely void. SECTION 9. BOND OR SECURITY NOT REQUIRED. It shall not be necessary in any action, suit or proceeding in which the . City is a party, for any bond, undertaking or security to be executed in be- half of said City but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if each bond, undertaking or security had been given, and said City shall be liable as if such obligation had been duly given and executed. SECTION 10. JUDICIAL NOTICE. This Charter shall be deemed a public act and shall have the force and effect of a general law; may be read in evidence without pleading or proof, and judicial notice shall be taken thereof by all courts and places without further proof. SECTION 11. OFFSET TO DEBTS. The City shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the City to any person, firm or corporation in arrears to the City for any debt , claim, demand or account of any nature whatsoever including taxes. penalty and interest. No assignment or transfer of any such debt , claim, demand or account owed by the City shall affect the right of the City to offset the sum owed to the City. SECTION 12. NEPOTISM. No person related within the third degree by affinity or consanguinity to the Mayor, and member of the Council or the City Manager shall be appointed to any paid office , position, clerkship or other service of the City. This prohibition shall not apply, however, to any person who shall have been em- ployed by the City at least two years prior to the time of the election of the Mayor or Councilmember, or the appointment of the City Manager. SECTION 13. ETHICS. ( 1 ) No elected or appointed officer or employee of the City shall benefit unduly by reason of his/her-holding public office. (2) No officer or employee having a direct or indirect interest in any proposed or existing contract, purchase , work, sale or service to or by the City shall vote or render a decision, or use his/her position, authority or influence in a manner that would result in his/her financial betterment to any degree. Further, any elected officer shall publicly disclose any such interest upon assumption of office or prior to consideration of any such matters. This provision is cumulative to Article 371 and 373 of the Penal Code , and all other other applicable laws in regard to elected officers. (3) Failure to comply any provisions of the foregoing Section 13 ( 1 ) or 13 (2) shall constitute malfeasance in office and any officer or employee failing to so comply shall immediately forfeit his/her office or position, and said office or position shall be deemed vacant. (4) Any violation of the foregoing Sections 13 ( 1 ) or 13 (2) with the knowledge,express or implied, of persons or corporations contracting with the City shall render the contract voidable by the Council. SECTION 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 dis- criminated against because of political opinions or affiliations 'or because Page 5 ( Article XVII continued) IV df race or religious beliefs, 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. SECTION 15. POLITICAL ACTIVITY. ( 1 ) No appointed or hired employee on the payroll of the City shall make a contribution to the campaign fund of any person seeking election to a City office or to any political party supporting a candidate for election to a City office, nor shall he/she be solicited for this purpose ; nor shall he/she take active part in any political campaign relating to an election to a City office. (2) 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. (3) Any person who either by himself/herself,or with others,willfully violates any provision of the foregoing Sections 15( 1 ) or 15 ( 2) shall be ineligible for appointment or election to a position in the 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 shal immediately forfeit the office or position he/she holds. SECTION 16. MECHANIC, MATERIAL OR LABOR CLAIM All subcontractors , materialmen, mechanics and laborers upon any public works of the City of Richland Hills are hereby required to notify the City of all claims they may have against the contractor on account of such work, and when such notice has been given, the City shall retain an amount from funds due the contractors, sufficient to satisfy such claims, provided that such notice must be given at any time after such indebtedness becomes due and before the City' s final settlement with the contractor; and provided further, that no contractor or subcontractor shall issue any checks on, or on account of, any public works of said City. SECTION 17. BUILDING PERMITS. The City of Richland Hills shall have power to prohibit the erection or construction of any building or structure of any kind within the City of Richland Hills without a permit first having been issued by the City for the construction or erection of such building or structure, and may authorize a fee to be charged for such permit , and in sursuance of said authority may authorize the inspection by the City of all buildings or structures during the progress of their construction and may require that all buildings shall be constructed in conformity with the building code which exists in said City or shall hereafter be passed. SECTION 18. POOLS, PONDS AND LAKES. The City of Richland Hills shall have power to control or prohibit the construction of pools, ponds or lakes, receiving water from a recognizable stream, creek, branch or natural drainage. The City may control location, construction, height of structure, depth and size of body of water to be impounded. No pool, pond or lake, receiving water from recognizable stream, creek, branch or natural drainage, shall be constructed without first obtaining a permit issued by the City. SECTION 1 BONDS BOI�,DS OF CITY OFFICIALS, EMPLOYEE, OR DEPARTMENT DIRECTOR. In addition to any bonding provisions herein provided, the Council may require any City official, department director or City employee , before entering upon his duties, to execute a good and sufficient bond with a surety company doing business in the State of Texas and approved by the Council, as Page 6 ( Article,XVII continued) IV surety thereon, said bond to be in such amounts as the Council may demand, payable to the City of Richland Hills, and conditioned for the faithful per- formance of the duties of his/her office ; premium of such bond to be paid by the City. SECTION 20. BONDS OF CONTRACTORS. The governing body of the City of Richland Hills shall require good and sufficient bonds of all contractors, with a good corporate surety thereon, acceptable to the governing body of the City of Richland Hills. SECTION 21 . AMENDMENT OF THE CHARTER. This Charter may be amended no more than once every two (2) years as porvided by the laws of the State of Texas. SECTION 22. CONSTRUCTION' OF THEICIIARTER. In wording of the Charter, the use of the singular number shall include the plural, and the plural shall include the singular. Words used in the masculine gender shall include the feminine also, unless by reasonable con- struction, it appears that such was not the intention of this Charter. ARTICLE XVIII SAVING CLAUSE, ETC. SECTION 1 . SAVING CLAUSE, ETC. All powers granted heretofore to cities are hereby preserved. In case of any irreconcilable 'conflict between the provisions of this Charter and any superior law, the powers of the City and its officers shall be as defined in such superior laws. In case of any insufficiency or omission may be supplied by reference to the general laws, such provisions of the general laws are hereby adopted, and the City shall have and exercise all of the powers that it could have acquired by expressly adopting and incorporating into this Charter all of the provisions of such superior and general laws , it being the intent of this Charter that no lawful power of the City shall fall because of any omission, insufficiency or invalidity of any portion or portiins of this Charter shall not in any way affect the remainder of the Charter, but the same shall be construed as if adopted with such portion and/or portions so found invalid or impotent. ARTICLE XIX VOTE ON PROPOSED CHARTER SECTION 1 . VOTE ON PROPOSED CHARTER. ( 1 ) This Charter shall be submitted to the qualified voters of the City for adoption or rejection on April 5, 1986 , at which election if a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall then immediately become the Charter and governing law of the City until amended or repealed. (2) It being impractical to submit this Charter by sections, it is hereby prescribed that the form of ballot to be used in such election shall be as follows, to wit: FOR THE ADOPTION OF THE CHARTER AGAINST THE ADOPTION OF THE CHAPTER (3) The present City Council of the City shall call an election in accordance with the provisions of the general laws of the State govern- ing such elections, and the same shall be conducted and the returns made and results declared as provided by the laws of the State of Texas govern- ing municipal elections, and in case of majority of the votes cast at such election shall be in favor of the adoption of such Charter, then an official order shall be entered upon the records of said City by the City Council, Page ( fir' isle XIX continued) IV declaring the same adopted, and the City Secretary shall record at length upon the records of the City in a separate book to be kept in his/her office for such purpose, such Charter, which copy of the Charter shall be forwarded by the Mayor as soon as practical to the Secretary of State under the seal of the City, together with a certificate showing the approval of the qualified votes of such Charter.