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.