HOME RULE

CHARTER

CITY CHARTER*

CITY OF SAN ANGELO

 INCORPORATION: FORM OF GOVERNMENT: POWERS*

 SECTION 1.     CORPORATE NAME:

The City of San Angelo, Tom Green County, Texas, as the boundaries and limits of said City are herein established, or may hereafter be established, shall be a body politic, incorporated under and known by the name and style of the CITY OF SAN ANGELO, with such powers, rights and duties as herein provided.

 SECTION 2.     BOUNDARIES:

The corporate limits of the City of San Angelo shall be as heretofore or hereinafter established by the City Council or the people. (Amended 4/13/76)

State law reference–Municipal boundaries and annexation, V.T.C.A., Local Government Code, ch. 41 et seq.

 SECTION 3.     ANNEXATION:

The City Council shall have the power, after public hearing, of fixing the boundaries of the City of San Angelo and to annex additional territory by ordinance in the manner as prescribed by the State of Texas and of the Charter.

And additional to the above method and power, the City of San Angelo shall have the power to extend the boundary limits of the City and to annex additional territory at any time without the consent of the inhabitants of the territory annexed, by majority vote of the qualified voters of the City of San Angelo, voting thereon at an election at which the question may be submitted, and the City Council, whenever in their judgment the public interest requires, may submit such question to the vote of the people by ordinance duly passed, describing the territory desired to be taken in.

(Amended 12/30/47)

State law reference–Municipal annexation, V.T.C.A., Local Government Code, ch. 43.

 SECTION 4.     COUNCIL CONSTITUTED LEGISLATIVE AND GOVERNING BODY OF THE CITY:

The Council shall enact all ordinances and resolutions and adopt all regulations; and constitute the legislative and governing body of the City, with all the powers and authority herein granted. (Amended 11/13/79)

 SECTION 5.     CORPORATE POWERS:

The City shall have all the powers granted to cities by the Constitution and Laws of the State of Texas together with all of the implied powers necessary to carry into execution such granted powers. (Amended 4/13/76 and 11/16/07)

State law references–General powers of home-rule municipality, V.T.C.A., Local Government Code, sec. 51.071 et seq.; authority of local self-government, V.T.C.A., Local Government Code, sec. 51.072.

 SECTION 6.     EXEMPTION FROM LIABILITY FOR DAMAGES:

No property owned or held by the City shall be subject to any execution of any kind or nature. No funds of the City shall be subject to garnishment, and the City shall never be required to answer in any garnishment proceedings. The Council shall establish by ordinance the necessary notice requirements that an individual or entity must meet before pursuing a liability claim against the City for property damages, death or personal injury. (Amended 5/6/89 and 11/16/07)

State law references–Authority relating to property, V.T.C.A., Local Government Code, sec. 51.076; authority to provide that municipal funds not subject to garnishment, V.T.C.A., Local Government Code, sec. 101.023; Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code, ch. 101.

 THE COUNCIL

 SECTION 7.     MUNICIPAL GOVERNMENT:

The governing authority of the City shall be known as the Council and shall consist of seven (7) Members, including the Mayor.

The City shall be divided into six (6) geographic districts by the Council which districts shall have as nearly equal population as possible, based on the last decennial federal census. Each Member with the exception of the Mayor shall be required to be a resident of and elected by the registered voters residing in that district. The Mayor may reside anywhere in the City and shall be elected at large. The geographic districts shall be reviewed as soon as possible after the release of each new decennial federal census and changed if there is as much as a ten per cent (10%) change in district population based on the federal census.

(Amended 4/5/52, 4/13/76, 5/6/89 and 11/16/07)

 SECTION 8.     TERM OF OFFICE:

The Mayor and each Councilmember shall serve a term of four (4) years and until his successor is elected and qualified unless sooner removed from office by death, resignation or recall, to become effective in the general election to be held for Mayor and Single Member Districts 2, 4 and 6 in 2017; and, in the general election to be held for Single Member Districts 1, 3 and 5 in 2019, except that Councilmembers for Single Member Districts 1, 3 and 5 shall be elected for three-year terms in the 2016 general election. If a City Council Member ceases to be a resident of the district from which he was elected, he shall be deemed to have automatically resigned from office.

No person shall serve as Mayor or Councilmember for more than eight consecutive years, excluding service for any partial term.

(Amended 4/5/52, 4/29/72, 4/13/76 and 11/12/15)

 SECTION 9.     QUALIFICATIONS:

A.     In addition to the requirements prescribed by law, the following qualifications for candidates seeking election to the offices of Councilmember or Mayor, and for holding those offices at the time of election are as follows:

1.     must be 18 years of age or older;

2.     must be a resident of the City (Mayor) and resident of Single Member District (Councilmember);

3.     must not be an employee of the City;

4.     must not hold any other elected office[;]: and

5.     must comply with all conflict of interest and conflict disclosure laws.

B.     The Mayor or any Councilmember who shall cease to possess any of the qualifications herein required shall forfeit his office.

C.     Each person elected to City office, as a condition to being administered the oath of office, shall have filed with the City Clerk a signed, sworn statement averring that he or she is in compliance with the above stated qualifications and requirements, which sworn statement shall be updated and filed with the City Clerk annually during the person’s term of office.

D.     Each person elected to City office, as a condition to being administered the oath of office, shall have filed with the City Clerk a signed, sworn statement indicating that he or she is in compliance with the above stated qualifications and requirements.

E.     Each person subject to this provision shall file with the City Clerk a signed, sworn, updated revision of this statement, annually, while in office.

[F.]     Any question of City Council regarding conflict of interest of the Mayor or of a Councilmember shall be referred to the City Attorney for a legal opinion.

(Amended 4/13/76, 5/6/89, 11/16/07 and 11/12/15)

 SECTION 10.     COMPENSATION AND ATTENDANCE:

The annual compensation of the Mayor shall be forty-two hundred dollars ($4,200.00), and of each Councilmember shall be thirty-six hundred dollars ($3,600.00), payable in accordance with current payroll practices, provided however that the Mayor or Councilmember shall forfeit ten ($10.00) dollars of his/her salary if absent from any regular meeting of the Council, unless such absence from the meeting is unavoidably necessitated in the services of such officer on business of the city away from the city at the time the meeting is held. (Amended 11/12/15)

 SECTION 11.     DUTIES OF THE MAYOR:

The Mayor of the city shall be the presiding officer of the Council maintaining order and decorum. The Mayor shall:

A.     vote as a member of the Council on all matters coming before the body;

B.     sign all bonds, warrants and other official documents, unless some other officer or agent of the city is designated and expressly authorized to do so by the City Council;

C.     be the official head of the city; and

D.     exercise all powers and perform all duties imposed upon the Mayor by this charter and by the ordinances of the city, and resolutions of the Council.

(Amended 11/16/07)

 SECTION 12.     MAYOR PRO TEMPORE:

The members of the City Council shall elect one of their number to serve as Mayor Pro Tempore of the City at the first regular meeting of the City Council after new Council members are qualified. A new mayor pro tempore shall also be appointed if the mayor pro tempore ceases to be a member of the Council for any reason. (Amended 4/13/76)

 SECTION 13.     AUTOMATIC RESIGNATION:

Where any Mayor and/or Council member shall file for election for any other city elective office while still having a minimum of one year left in his or her term, said Mayor and/or City Council member shall be deemed to have resigned effective at such time as other elective officials shall have been elected and qualified for office at the next regular City Election. This vacancy shall be filled by an election at the next regular election if there is sufficient time as required by law to call said election. If not, the vacancy shall be filled at the run-off election, if there is one held, or at a special election.

State law reference–Special election to fill vacancy generally, V.T.C.A., Election Code, sec. 201.051 et seq.

 SECTION 14.     VACANCIES:

Where a vacancy in any elective office shall occur, except a vacancy created as a result of conditions contained in Section 13, the vacant office shall be filled by a unanimous vote of the remaining Mayor and/or City Council members for the unexpired term. In the event that a unanimous vote cannot be obtained within 30 days from the date of the vacancy, the vacant office shall be filled by a special election for the remainder of the unexpired term in the same manner as provided in this charter for the regular election of such offices. Such election shall be held on the first uniform election date under state law, no sooner than 30 days after ordering the election; provided however, that where a vacancy occurs within 90 days of the normal expiration date of the office, no special election to fill the vacancy shall be called unless more than two vacancies occur. (Amended 4/29/72 and 11/12/15)

State law reference–Special election to fill vacancy generally, V.T.C.A., Election Code, sec. 201.051 et seq.

 SECTION 15.     DEPARTMENTS:

A.     Creation of Departments. The City Council may establish city departments, offices, or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices, and agencies. The City Council may abolish or combine one or more departments created by it and may assign or transfer duties of any department of the city from one such department to another by ordinance.

B.     Direction by City Manager. All departments, offices, and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of council, the city manager may serve as the head of one or more such departments, offices, or agencies or may appoint one person as the head of two or more of them.

(Amended 11/16/07)

 SECTION 16.     MEETINGS OF COUNCIL:

The Council shall meet at such times as may be prescribed by ordinance or resolution, but not less than twice per month, unless otherwise ordered by the Council for reasons to be recorded in the minutes. The Council shall determine its own rules and order of business and shall keep minutes of its proceedings which shall be accessible to the public at any reasonable time. (Amended 5/6/89 and 5/6/97)

State law reference–Open meetings, V.T.C.A., Government Code, ch. 551.

 SECTION 17.     ORDINANCE ENACTMENT:

Each proposed ordinance or resolution shall be introduced in written or printed form, [and] shall not contain more than one subject, which shall be clearly stated in the title, but general appropriation ordinances may contain the various subjects and accounts for which moneys are to be appropriated. No ordinance, unless it shall be declared to be an emergency measure, and passed by a unanimous vote of the Council, shall be passed on the day on which it shall be introduced.

 SECTION 18.     EMERGENCY MEASURES - DEFINED AND PROVIDED FOR:

An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health or safety, or providing for usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money and ordinances for the payment of salaries and wages may be passed as emergency measures, but no measure making a grant, renewal or extension of a franchise, or other special privilege or regulating the rate to be charged for its services by any public utility, shall ever be passed as an emergency measure. (Amended 11/16/07)

 SECTION 19.     POWERS OF ORDINANCE:

The City of San Angelo shall have the power to enact and enforce all ordinances necessary to protect health, life and property, and to prevent and summarily abate and remove all nuisances and to preserve and enforce good government, order and security of the city and its inhabitants, and to enact and enforce ordinances on any and all subjects, provided that no ordinance shall be enacted inconsistent with the provisions of this Charter, or the Constitution of the State of Texas.

State law references–Ordinance, rule or regulation necessary to carry out other powers, V.T.C.A., Local Government Code, sec. 51.001; enforcement of municipal ordinances, V.T.C.A., Local Government Code, ch. 54.

 SECTION 20.     STYLE OF ORDINANCES:

The style of all ordinances of the City of San Angelo shall be: “Be it ordained by the City of San Angelo”; but the same may be omitted when published in book or pamphlet form under authority or by direction of the governing authority of the City of San Angelo.

 SECTION 21.     PUBLICATION OF ORDINANCES:

Except as provided elsewhere in this charter or by law, the caption and penalty of only those ordinances providing for a fine require publication and then only after such ordinance is adopted. Additionally, the City shall publish, after the time of adoption, a notice stating that the full text of such ordinance is available in the City Clerk’s office during business hours and an address or location on the internet where a copy of the full text of such ordinance is available. All ordinances which do not require publication, shall become effective as of the date stated therein, and in the event no particular date is stated, said ordinances shall become effective from and after passage and adoption by the Council. When publication is required, an ordinance shall become effective on the day after the date of publication or the date stated in the ordinance, whichever is later. (Amended 5/6/89 and 11/16/07)

State law reference–Publication of ordinances, V.T.C.A., Local Government Code, sec. 52.013.

 SECTION 22.     RECORDING OF ORDINANCES:

Every ordinance, or resolution, upon its becoming effective shall be recorded in a permanently bound book kept for that purpose and shall be authenticated by the signature of the Mayor and the person exercising the duties of City Clerk. (Amended 11/16/07)

 SECTION 23.     RATIFICATION OF ORDINANCES:

All ordinances and resolutions in force at the time of taking effect of this charter not inconsistent with its provisions, shall continue in force until amended or repealed.

 SECTION 24.     INVESTIGATION BY COUNCIL:

The City Council shall have power to inquire into the conduct of any office, department, agency, officer or employee of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor. (Amended 11/16/07)

 SECTION 25.     LEGISLATIVE PROCEDURE:

Any five Members shall constitute a quorum of the Council for the transaction of any business, and the affirmative vote of any four Members shall be sufficient and necessary to adopt or repeal any ordinance or resolution. The vote upon the passage or repeal of any ordinance or resolution shall be taken by “Yea” and “Nay” vote and entered upon the minutes. All Members present at any meeting shall vote upon every question, ordinance, or resolution unless excused from voting by a vote of the other Members, which shall be entered upon the minutes. Any Member refusing to vote unless so excused shall be entered on the minutes as voting in the affirmative. (Amended 5/6/89)

 CITY MANAGER

 SECTION 26.     CITY MANAGER:

The City Council shall appoint a City Manager who shall be the administrative head of the municipal government and shall be responsible for the efficient administration of all departments.

 SECTION 27.     COMPENSATION AND DURATION OF OFFICE:

The City Manager shall receive a salary fixed by the City Council, and shall hold office at the will of the City Council. (Amended 12/30/47 and 11/16/07)

 SECTION 28.     POWERS AND DUTIES OF CITY MANAGER:

The City Manager shall see that the laws and ordinances of the City are enforced, shall appoint all appointive officers or employees (who report directly to the city manager) of the City (except the Municipal Judges) with the advice and consent of the Council (such appointments to be made upon merit and fitness alone) and may at will remove any officers or employees appointed by the City Manager. The City Manager shall exercise control and supervision over all departments and offices that may be created by the Council and all appointed officers and employees. The City Manager shall have the right to take part in the discussion at meetings of the Council but shall have no vote. The City Manager shall recommend to the Council such measures as the Manager may deem necessary or expedient. The City Manager shall keep the Council fully advised as to the financial condition and needs of the City and perform such other duties as may be prescribed by this Charter or which may be required by ordinance or resolution of the Council. (Amended 5/6/89 and 11/16/07)

 SECTION 28A.     CITY MANAGER’S AUTHORITY:

Except for the purpose of inquiry or investigation, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager, (whether directly supervised by the City Manager or indirectly through supervisors ultimately responsible to the City Manager), solely through the City Manager, or his designee, and neither the council or any member thereof shall give orders, publicly or privately, to any such officer or employee. (Added 11/16/07)

 SECTION 29.     NEPOTISM:

No person related within the second degree by affinity or within the third degree by consanguinity, to the City Manager, shall be appointed to any official position, clerkship or service of the city.

State law reference–Nepotism, V.T.C.A., Government Code, ch. 573.

 SECTION 30.     OFFICIAL BOND:

The City Manager shall give an official bond in the amount prescribed by the City Council, payable to the City of San Angelo, conditioned as prescribed by Resolution or Ordinance of the City Council. Such bond shall be procured from some regularly accredited surety company, authorized to do business under the laws of the State of Texas, and the premiums to such surety company shall be paid by the City of San Angelo.

State law reference–Official bonds, V.T.C.A., Government Code, ch. 604.

 FINANCE*

 SECTION 31.     BONDS:

The Council may appropriate so much of the general revenue of the City as may be necessary for the purpose of retiring and discharging the accrued indebtedness of the City, and for the purpose of improving the streets, purchasing or constructing sewers, erecting and maintaining public buildings of every kind and for purchasing or constructing water works, plants and systems and for the purpose of purchasing, erecting, maintaining and operating an electric light and power plant and such other public utilities and for any other public purpose as the governing authority may, from time to time, deem expedient, and in furtherance of any and all of these subjects the City shall have the right and power to borrow money upon the credit of the City and to issue bonds and other obligations of the City therefor, in such sum or sums as may be deemed expedient to bear interest with interest payable annually or semi-annually or such other period deemed advisable.

Said bonds or obligations shall be issued for a period of time as deemed appropriate by the Council, shall be signed by the Mayor, countersigned by the person acting in the capacity of City Clerk and both principal and interest shall be payable at such places and times as may be fixed by the ordinance. All such bonds shall be submitted to the Attorney General of the State for approval and the Comptroller for registration, as provided by state law, provided that any such bonds after approval may be issued by the City.

Before the issuance of any bonds, excluding refunding bonds and revenue bonds, the same shall be approved by a vote of the qualified voters of the City as required by the General Laws of the State.

(Amended 5/6/89 and 11/16/07)

State law references–Public Security Procedures Act, V.T.C.A., Government Code, ch. 1201; refunding bonds, V.T.C.A., Government Code, ch. 1207; bond elections generally, V.T.C.A., Government Code, ch. 1251; municipal bonds, V.T.C.A., Government Code, ch. 1331.

 SECTION 32.     PAYMENT OF CLAIMS:

All disbursements made by the City for payment of any claim shall be evidenced by an itemized account and shall be signed in accordance with the procedures established by the Council. (Amended 5/6/89)

 SECTION 33.     ACCOUNTING PROCEDURE:

Accounting procedure shall be devised and maintained for the city, adequate to record in detail all transactions affecting the acquisition, custodianship and disposition of anything of value, including cash receipts, credit transactions and disbursements; and the recorded facts shall be presented periodically to officials and to the public in such summaries and analytical schedules in detail support thereof as shall be necessary to show the full effect of such transactions for each fiscal year upon the finances of the city and in relation to each department of the city government, including distinct summaries and schedules for each public utility owned and operated.

 SECTION 34.     AUDIT AND EXAMINATION:

As soon as practicable after the close of each fiscal year, an independent audit shall be made of all accounts of the city government by certified public accountants, selected by the City Council who have no personal interest, directly or indirectly, in the financial affairs of the city government, or any of its officers. The results of the audit shall be published immediately upon its completion. A copy of the full text of such audit shall be posted at an address or location on the internet where the citizens of San Angelo have ready access. (Amended 11/16/07)

State law reference–Audit of municipal finances, V.T.C.A., Local Government Code, ch. 103.

 SECTION 35.     CONTRACTS: COMPETITIVE BIDDING:

All City contracts calling for or requiring the expenditure or payment of an amount required by state law or by City ordinance to be competitively bid must first be submitted for competitive bids in accordance with the requirements of state law or City ordinance. Such bids shall be based upon plans and specifications prepared for that purpose. Purchases and contracts requiring expenditures of amounts less than any specified by state law or City ordinance shall be made according to procedures adopted by the Council by ordinance. (Amended 4/13/76 and 5/6/89)

State law reference–Purchasing and contracting authority of municipality, V.T.C.A., Local Government Code, chs. 252, 271.

 SECTION 36.     LAKE NASWORTHY:

A.     The Lake Nasworthy Trust Fund (“Fund” hereinafter) is hereby established, which shall be managed as a separate trust. Twenty percent (20%) of all lake lot lease payments and the proceeds from the sale of any lake lot shall be placed into the Fund. Lake lots shall not be sold for less than fair market value as determined by an appraisal approved by the City.

B.     No portion of the principal of the Fund shall be expended for any purpose unless authorized by a majority vote of the qualified participating voters of the City of San Angelo at an election held for that purpose.

C.     Ninety percent (90%) of the annual investment income from the Fund may be used by the City of San Angelo to pay for lake and river improvements, services to enhance water recreation and the elimination of related litter and pollution. Ten percent (10%) of the annual investment income shall be added to the principal of the Fund. A public hearing must be held on the proposed uses of the investment income during the budget and budget amendment process.

D.     No designated park, recreation or wilderness area at Lake Nasworthy may be sold unless authorized by a majority vote of the qualified participating voters of the City of San Angelo at an election held for that purpose.

E.     The City of San Angelo may retain or obtain easements or rights of ways on the lake lots or may impose land use controls or other regulations to ensure protection of the City’s water supply, elimination of blight and pollution or for any other public purpose.

(Added 6/17/97; amended 11/16/07)

 PERSONNEL*

 SECTION 37.     NEPOTISM:

No person related within the second degree by affinity or within the third degree by consanguinity, to the Mayor or to either of the Council members, shall be appointed to any office, position, clerkship or service of the city.

State law reference–Nepotism, V.T.C.A., Government Code, ch. 573.

 SECTION 38.     CONTRACTS FOR SERVICES:

No contract shall ever be made which binds the City to pay a permanent employee for personal services to be rendered for any stated period of time, but all officers and employees of the City, other than elected officials, shall be appointed and shall be subject to preemptory discharge as provided in this Charter. Provided, however, that the Council may contract for services which cannot be provided by the City’s permanent employees. Provided further, the Council, in consideration for special or extraordinary training or education, may contract with a city employee for personal services for a stated period of time necessary to recover the costs and expenses of said training or education. Any violation of this section shall render the contract involved voidable by the Council. (Amended 7/1/41, 5/6/89 and 11/16/07)

 SECTION 39.     SALARIES:

The Council shall fix and determine the salaries and wages of all appointive officers and employees of the city unless otherwise provided in this Charter and shall provide for the payment thereof.

 SECTION 40.     OFFICIAL BOND:

The Council may require any officer or employee of the City to give an official bond in such sum as may be prescribed by the Council from time to time. Such bond shall be payable to the City of San Angelo and shall, in each instance, be conditioned on the faithful discharge of the duties of such officer or employee and for the faithful accounting of all moneys, claims and things of value coming into the hands of such officer or employee. Such bonds shall be procured from some regularly accredited surety company, authorized to do business under the laws of the State of Texas, and the premiums to such surety company shall be paid by the City. All official bonds shall be approved by the City Manager and filed and recorded with the person exercising the duties of City Clerk. (Amended 5/6/89 and 11/16/07)

State law reference–Official bonds, V.T.C.A., Government Code, ch. 604.

 SECTION 41.     OATH OF OFFICE:

Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the oath prescribed by the Constitution of the State of Texas for County Officials.

State constitution reference–Oath of office, Texas Constitution, art. 16, sec. 1.

 SECTION 42.     MINIMUM WAGE PROVISIONS:

If minimum wage provisions are adopted by charter amendment in May, 1997, such provisions shall be incorporated into the overall approved compensation plan as established by ordinance, and each affected department will address the requirements of the plan as outlined in such ordinance. Any minimum wage provisions or benefit provisions adopted by charter may not restrict, limit or curtail the authority and responsibility of the City Council to provide for a balanced budget. Future minimum pay provisions shall not be adopted by charter amendment but may be adopted by ordinance under the Initiative and Referendum procedures provided in the charter. If a minimum pay provision is adopted under such procedure, such ordinance may be repealed or amended only if a majority of the voters in an election held for that purpose shall vote for such repeal or amendment. The City Council shall maintain full authority to create, reduce or eliminate programs, to increase or decrease the number of authorized employees, to determine the amount and type of equipment and facilities required and to determine the type of employee benefits and increases or decreases in those benefits. (Added 6/17/97)

 ELECTIONS*

 SECTION 43.     ELECTION DAY:

The regular municipal election for the City shall be held on a day set by the City Council which will comply with State law. (Amended 5/6/89)

State law references–Date for election of officers, V.T.C.A., Local Government Code, sec. 26.042; election dates, V.T.C.A., Election Code, ch. 41.

 SECTION 44.     ELECTIONS: LAW CONTROLLING:

All elections provided for in this Charter, except the regular election provided for above, shall be called a Special Election, and all such elections shall be conducted and results canvassed and announced by the authorities as prescribed in the General Election Laws of the State of Texas, and such General Election Laws shall control in all municipal elections, except as otherwise herein provided. (Amended 5/6/89)

 SECTION 45.     ELECTION RULES:

The Council shall be the judge of elections and the qualifications of its Members. At every regular election and every special election called to fill one or more vacant elective offices, election to each office shall be by a majority of the votes cast for such office at such election. Where in any election for elective office no candidate receives the majority of all the votes cast for such office at such election, the Council shall, immediately upon declaring the official results of the election, issue a call for a run-off election for each position to which no one was elected. Such run-off election shall be held on a day to be set by the Council which will comply with State Law, and, in such run-off election, the two candidates who received in the preceding election the highest number of votes for each place to which no one was elected shall be voted on again and the candidate who receives the majority of the votes cast for such place in the run-off election shall be declared elected to such office. Each person elected at a City election shall take office immediately upon completion of the official canvass and issuance of a certificate of election to such person. (Amended 4/4/70, 4/13/76, 5/6/89 and 11/16/07)

State law references–Election by plurality, V.T.C.A., Election Code, sec. 2.001 et seq.; runoff election, V.T.C.A., Election Code, sec. 2.021 et seq.

 [SECTION 46.     RESERVED]

Editor’s note–Section 46, pertaining to election returns, was deleted at an election held November 6, 2007, as certified by an ordinance adopted November 16, 2007.

 INITIATIVE, REFERENDUM AND RECALL

 SECTION 47.     INITIATIVE AND REFERENDUM:

Any proposed ordinance may be submitted to the Council for adoption, and any ordinance or resolution passed by the Council may be submitted to the people for repeal. In either event the ordinance or resolution proposed to be adopted or repealed shall be set out in written or printed instrument which shall be filed with the City Clerk, and at the time of filing such written or printed instrument, and attached thereto, there shall be filed a statement signed by not less than five (5) voters of the City stating that they have proposed such ordinance or resolution for adoption or repeal, as the case may be, before any signatures are procured to the petitions hereafter provided for.

In the event the ordinance or resolution is one proposed to be adopted, such voters shall be regarded as the initiating committee and in the event it is desired to repeal an ordinance or resolution already existing, such voters shall be regarded as the referring committee.

Before any such ordinance or resolution may be submitted to the Council for action, it shall be necessary that a petition signed by not less than 25% of the number voting at the last regular municipal mayoral election shall be presented to the Council referring to such resolution or ordinance and requesting its adoption or repeal, as the case may be, subject to the following rules:

A.     All such petitions circulated for signatures shall be uniform in character;

B.     The signatures need not be on the same page but to each page shall be attached an affidavit by the circulator of that page, stating:

(1)     the number of signatures on the page, and

(2)     that the signatures are genuine, and

(3)     that the signatures were made in the presence of the affiant;

C.     In order for a petition signature to be valid, a petition must comply with state law;

D.     The petition shall be submitted to the City Clerk for verification of signatures within sixty (60) days from the date of filing the statement of the initiating or referring committee;

E.     Within thirty (30) days thereafter, the City Clerk shall certify to the validity and sufficiency of the signatures; a discrepancy between signature and address on the petition and the name or address on the voter registration list shall not be grounds for invalidation of a signature if the voter registration number is the same;

F.     In the event the City Clerk shall determine there to be a sufficient number of valid signatures, the petition shall be certified and delivered to the Council;

G.     If the City Clerk should find that an insufficient number of valid signatures have been submitted, the City Clerk shall immediately notify the committee specifying the deficiency; within ten (10) days following receipt of said notice, the committee may file an amended petition. Within ten (10) days after receipt of the amended petition, the City Clerk shall certify to the Council that the petitions are sufficient or insufficient and, if they are sufficient, shall deliver the same to the Council;

H.     Once the Council shall receive a petition duly certified to be valid, the Council shall cause a copy of the proposition presented to be printed in a newspaper of general circulation in the City at least once prior to consideration of the proposition in public hearing and the City Clerk shall mail to each of the members of such initiating committee or referring committee a notice of the time of the regular meeting of the Council when such ordinance or resolution and its adoption or repeal shall be considered or a time then set by such Council for its consideration, which hearing and consideration shall be open to the public, and the public shall be permitted to present arguments for or against such proposed ordinance or resolution.

After such presentation of the petition and public hearing, the Council shall, within thirty (30) days from the date of the submission of such petition, take final action upon the same by either adopting or rejecting the ordinance or resolution thus sought to be referred, and in either event, the action of the Council shall be noted in the minutes. If the Council refuses to pass or repeal the proposed ordinance or resolution or passes the same in a form amended from that presented in the petition, or repeals only a part of such ordinance or resolution, instead of repealing the same in the manner set out in such petition or reference, then in either event, such initiating committee or such referring committee, or a majority thereof, may require that such ordinance or resolution, either in its original or amended form, be submitted to a vote of the voters.

When an ordinance or resolution proposed by petition is to be submitted to the voters for adoption or repeal, after the Council has acted upon same, as provided for in the preceding paragraph, then such initiating or referring committee, as the case may be, upon a majority vote of such committee, shall certify their desire to have the same submitted for adoption or repeal, within twenty (20) days after the Council shall have taken action on the same, and shall file such certificate and statement with the City Clerk. After receipt of such certificate and the certified copy of the proposed ordinance or resolution, the City Clerk shall present such certificate and certified copy of the proposed ordinance or resolution to the Council at its next regular meeting. If any election is to be held, Council shall order a special election in accordance with state law to submit such to the voters.

The form of the ballot for use in an election held for the adoption of any initiated ordinance shall state the title of the ordinance and contain a succinct statement of its nature and purpose and below such statement, in separate lines, there shall be printed the words: FOR THE ORDINANCE - AGAINST THE ORDINANCE. If a majority of the voters in such election shall vote in favor thereof, it shall thereupon become an ordinance of the City when the result of such election shall have been declared.

The form of ballot for use in an election held for the repeal of any referred ordinance or resolution shall state the title of the ordinance or resolution and contain a succinct statement of the nature and purpose of the ordinance or resolution sought to be repealed, and below such statement, in separate lines, there shall be printed the words: FOR THE REPEAL OF THE ORDINANCE (OR RESOLUTION) - AGAINST THE REPEAL OF THE ORDINANCE (OR RESOLUTION). If a majority of the voters in such election shall vote in favor of the repeal of such ordinance or resolution, then the same shall be considered repealed, when the result of such election shall be declared.

Provided, however, that nothing contained in this section shall affect the manner of calling elections to determine whether or not franchises shall be granted.

The foregoing Section providing the remedy of Initiative and Referendum shall not apply in such a way as to bring about the repeal of any Ordinance or Resolution on the authority of which any sale, contract or conveyance shall have been made by said City.

(Amended 5/6/89, 11/16/07, 5/18/10 and 11/12/15)

 SECTION 48.     RECALL:

Any elective officer of the City shall be subject to recall and removal from office by the voters of the City, and the procedure to effect such removal shall be as follows:

A petition, demanding that the question of removing such officer be submitted to the voters, shall be filed with the City Clerk. Such petition for the recall of any such elective officer shall be signed by at least thirty (30) percent of the number voting to fill the office of the incumbent sought to be recalled, in the last regular municipal election to fill that office. In the event the petition for recall is of a Council Member representing a single member district, the signers of the petition must all be from that single member district in order to qualify.

Petitions for signatures for such recall shall be procured only from the City Clerk, who shall keep a sufficient number of such blank petitions on file for distribution, and prior to the issuance of such petition for signatures there shall be filed with such person an affidavit by one or more voters stating the name or names of the officer or officers sought to be removed. Such officer issuing such petitions for removal to a voter shall enter in a record to be kept, in the name of the voter to whom issued, the date of such issuance and the number of such petitions issued and shall certify under the seal of his office on such petitions for signatures, the names of the voters to whom issued and the date of its issuance. No petition for signatures shall be accepted and taken into consideration in determining the necessary percentage of voters for removal unless it bears such certificate and be filed as herein provided.

Each signer of a recall petition shall state a place of residence within the City and voter registration number.

To each of said petitions there shall be attached an affidavit, of the circulator thereof, stating the number of signers to such part of the petition and that each signature to the same is genuine, was made in the presence of the affiant, and is that of the person whose name it purports to be.

All papers comprising a recall petition shall be returned and filed with the City Clerk within sixty (60) days after the filing of the affidavit required above. Within thirty (30) days thereafter the City Clerk shall certify to the validity and sufficiency of the signatures. The City Clerk upon the return of such petition shall at once submit the same to the Council, and shall notify the officer or officers sought to be recalled of such action. If the official whose removal is sought does not resign within fifteen (15) days after such notice is given, the Council shall thereupon order and fix a day for holding a recall election, the date of which election shall not be less than thirty (30) nor more than ninety (90) days from the time such petition was presented to the Council.

The ballot at such recall election shall conform to the following requirements, with respect to each person whose removal is sought; the question shall be submitted: “Shall (name of person) be removed from the office of (naming the office) by recall?” Immediately following each of such questions there shall be printed on the ballots, in separate lines, in the order here set out the words: For the recall of (naming the person). Against the recall of (naming the person). Should a majority of the votes cast at such recall election be for the recall of the officer named on the ballot, the officer shall be deemed removed from office (regardless of any technical defects in the recall petition). Should a majority of the votes cast at such recall election be against the recall of the officer named on the ballot, such officer shall continue in office for the remainder of the term, subject to recall as before.

No recall petition shall be filed against any officer of the City within six (6) months after taking office and no officer shall be subject to more than one recall election during a term of office.

In case the Council shall fail or refuse to receive the recall petition, order such recall election, or discharge any other duties with references to such recall, then the County Judge of Tom Green County, Texas shall discharge any of such duties herein provided to be discharged by the Council.

If, as a result of such election, there shall remain only one of such elective officers who is not recalled then such officer not recalled shall discharge all of the duties incumbent upon the Council, for which a quorum of the Council is not herein required, until the vacancy or vacancies created at such recall elections are filled by an election for that purpose, as hereinafter provided for. If in any proposed recall election it is proposed and submitted to recall all elective officers, then there shall be placed on said ballot, under the question of recall, the name of candidates to fill the vacancies proposed to be created by such election, but the names of such candidates proposed to be recalled shall not appear on the ballot as candidates.

If at any recall election it is not proposed and submitted to recall all of the elective officers, but only one or more, fewer than all, and such election shall result in favor of the recall of one or more of such officers, proposed to be recalled, then it shall be the duty of such officer or officers not recalled and constituting the Council, within five (5) days after such election is held, to meet, canvass the returns, declare the result of the election and on the same day order an election to fill such vacancy or vacancies, which election shall be held, not less than thirty (30) days nor more than ninety (90) days after the same shall have been ordered.

(Amended 5/6/89 and 11/16/07)

 MUNICIPAL COURT*

 SECTION 49.     MUNICIPAL COURT CREATED:

There shall be established and maintained in the City of San Angelo a court to be known as the Municipal Court, which shall be deemed always open for the trial of causes, with such jurisdiction, powers and duties as are given or may hereafter be permitted by the laws of the State of Texas. (Amended 4/29/72 and 11/16/07)

State law reference–Jurisdiction of municipal courts, V.T.C.A., Government Code, sec. 29.003

 SECTION 50.     JUDGE:

Such court shall be presided over by a magistrate to be known as the Judge of such court together with such additional Judges, whose appointments shall be made, duties defined, and compensation fixed by the Council. If, for any cause, the Judge or Judges shall temporarily fail to act, then the Council is hereby authorized to appoint a person who shall become certified under the laws of the State of Texas as a municipal judge to act as Judge. (Amended 4/29/72, 5/6/89 and 11/16/07)

State law reference–Municipal court judges, V.T.C.A., Government Code, sec. 29.004 et seq.

 SECTION 51.     JURY TRIAL:

Every person brought before the Judge to be tried for an offense shall be entitled, upon demand, to be tried by a jury of six residents of the City, who shall be summoned, impaneled and qualified as jurors under the laws of the State. (Amended 4/29/72, 5/6/89 and 11/16/07)

State law reference–Municipal court juries, V.T.C.A., Government Code, sec. 62.501.

 SECTION 52.     PRACTICE AND PROCEDURE:

The rules of pleading, practice and procedure prevailing, and prescribed by the laws of the State of Texas shall apply to the Municipal Court. (Amended 4/29/72 and 11/16/07)

State law reference–Procedures for processing cases within criminal jurisdiction of municipal court, Tex. Code Crim. Proc. ch. 45.

 [SECTIONS 53 THROUGH 58. RESERVED]

Editor’s note–Sections 53 through 58, pertaining to municipal court seal, publication of complaints, fines, jury and witness fees, salary of judge, and city prisons, were deleted at an election held November 6, 2007, as certified by an ordinance adopted November 16, 2007.

 TAXATION*

 SECTION 59.     TAXATION:

The City shall have the power to levy, assess, and collect taxes for any municipal purpose on property of any character within the corporate limits of the City in accordance with the general laws of the State of Texas.

The City may levy and collect such taxes as may be required for the payment of interest and retirement of principal on any bonded indebtedness existing or created by the City under authority of law and this charter; provided that the total of all taxes levied in any one year shall not exceed that rate allowed by law.

The City shall authorize the granting and issuance of license and shall direct the manner of issuing and registering the same and fix the fees therefor, but no license shall be issued for a longer period than one (1) year and shall not be assignable except by permission of the Council.

The City may levy and collect a franchise tax against any public corporation using and occupying the public streets or grounds of the City, separate from the tangible property of such corporation, and to levy and collect, annually, upon the property and shares of corporations, companies and corporate institutions, as the same are now or may be allowed by the general law of the State of Texas, and shall have full power to enforce the collection of such taxes.

The City may provide for the adoption of such measures as may be deemed advisable to secure the equalization and assessment of all property within the City limits and to collect taxes thereon and may do any and all things allowed by law to render effectual the collection of monies for taxation.

The City shall have the power to provide for the rendition of unrendered property for taxation and levy and assess taxes thereon annually, and to provide for the rendition, levy and assessment of taxes for previous years on property omitted from taxation and to provide interest at a rate allowed by law upon such unrendered or omitted property and to change and provide for correction and reassessment of property erroneously assessed.

All property in the City shall be liable for all municipal taxes due by the owner thereof, including taxes on real estate, franchise, personal and mixed property and all other municipal taxes of whatsoever character. Such municipal taxes are hereby declared to be a lien, charge and encumbrance upon the property, so that taxes and special assessments shall be a prior lien to all other claims, sales, assignments, transfers, gifts and judicial writs. Said lien shall exist from the first day of January of each year until such taxes have been paid and against any real estate which, for any cause, has failed to be assessed for one or more years, and such lien shall be good and effective for every year for which assessment has so failed.

Personal property of all persons, firms or corporations owing any taxes to the City is hereby made liable for all of such taxes whether the same be upon personal or real property or both.

The Council at its first meeting in September of each year, or as soon thereafter as practicable, shall levy the annual tax for such year, but special taxes or assessments allowed by this Charter may be levied, assessed and collected at such time as the governing authority may provide; provided that should the Council fail or neglect to levy the annual tax herein provided for any one year the annual tax levy for the preceding year last made by the Council shall be in force and effect as the tax levy for the year for which no annual tax was levied.

The City shall have full power to provide for the prompt collection, by suit or otherwise, of taxes assessed, levied and imposed, and may sell, or cause to be sold, all kinds of property, real and personal, and shall make such rules and regulations and enact all such ordinances as are deemed necessary for the collection of any taxes provided in this Charter.

It shall not be necessary in any action, suit or proceeding, in which the City shall be a party, for any bond, undertaking or security to be executed on behalf of the City.

The City shall have the power to control and manage the finances of the city, to provide its fiscal year and fiscal arrangements.

All monies arising from the collection of taxes levied for the payment of interest and principal on bonded indebtedness, shall be maintained in a separate fund to be designated as “interest and sinking fund,” and a separate account kept of the funds applicable to each bond issue, and all monies arising from the collection of taxes for general government purposes shall be maintained in a separate fund to be designated as the “General Fund.”

No irregularities in the time or manner of making or returning the City assessment rolls or the approval of such rolls, shall invalidate any assessment.

(Amended 5/6/89 and 11/16/07)

 SECTION 59A.     CAPITAL PROGRAM:

A.     Submission to City Council. The City Manager shall prepare and submit to the city council a multi-year capital program no later than five months before the final date for submission of the budget.

B.     Contents. The capital program shall include:

(1)     A clear general summary of its contents;

(2)     Identification of the long-term goals of the community;

(3)     A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the fiscal years next ensuing, with appropriate supporting information as to the necessity for each;

(4)     Cost estimates and recommended time schedules for each improvement or other capital expenditure;

(5)     Method of financing upon which each capital expenditure is to be reliant;

(6)     The estimated annual cost of operating and maintaining the facilities to be constructed or acquired;

(7)     A commentary on how the plan addresses the sustainability of the community and the region of which it is a part; and

(8)     Methods to measure outcomes and performance of the capital plan related to the long-term goals of the community, said methods shall be based on the best practices or methodology, including, but not limited to, methodology based upon the present value of all future cash flows of the above.

The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.

C.     Notice and Hearing. The City Council shall publish at an address or location on the internet where the citizens of San Angelo have ready access a copy of the capital program. The City Council shall also publish the time and place, not less than two weeks after such publication of the capital program, for a public hearing on the capital program.

D.     Adoption. The City Council by resolution shall adopt the capital program with or without amendment after the public hearing and on or before adoption of the annual budget. This program or any portion thereof may be deleted, modified, or suspended during the course of a fiscal year by majority vote of the city council, based on events, changes in technology or other circumstances which justify such action.

(Added 11/16/07)

 POLICE*

 SECTION 60.     CHIEF OF POLICE:

There is hereby created the elective office of Chief of Police for the City of San Angelo.

 SECTION 61.     QUALIFICATIONS:

The Chief of Police shall have been a resident of the City of San Angelo for a period of at least two years immediately prior to his election and shall possess the qualifications of electors in said city.

 SECTION 62.     TERM OF OFFICE:

The term of office of the Chief of Police for the City of San Angelo shall be four years. (Amended 11/13/79)

 SECTION 63.     DUTIES AND POWERS:

It shall be the duty of the Chief of Police to preserve law and order within the City of San Angelo and especially to enforce the ordinances of said city.

 SECTION 64.     AUTHORITY:

The Chief of Police shall have exclusive control of the police department of the City of San Angelo and shall have the right to select, employ, discharge at will and to prescribe the salaries of (within the monetary limits fixed by the city budget) the employees in such department.

 PARKS

 [SECTION 65.     RESERVED]

Editor’s note–Section 65, pertaining to the park commission, was deleted at an election held November 6, 2007, as certified by an ordinance adopted November 16, 2007.

 [SECTION 66.     RESERVED]

Editor’s note–Section 66, pertaining to the board of city development, was deleted at an election held November 6, 2007, as certified by an ordinance adopted November 16, 2007.

 MISCELLANEOUS PROVISIONS

 SECTION 67.     CONSTRUCTION OF CHARTER:

This Charter shall be liberally construed as a general grant of power subject only to the limitations of the Constitution and Statutes of the State of Texas. (Amended 5/6/89)

 SECTION 68.     REARRANGEMENT AND RENUMBERING:

The Council shall have the power, by ordinance, to renumber and rearrange all Articles, Sections, and paragraphs of this Charter or any amendments thereto, as it shall deem appropriate, and upon the passage of any such ordinance, a copy thereof, certified by the City Clerk, shall be forwarded to the Secretary of State for filing. (Amended 5/6/89 and 11/16/07)

 SECTION 69.     SEVERABILITY CLAUSE:

If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part to which such holding shall directly apply. (Amended 5/6/89)