CHARTER

   CHAPTER ONE [GOVERNMENTAL PROVISIONS]
   ARTICLE I. [IN GENERAL]
   Sec. 1.     Corporate name.

The City of Lubbock, Lubbock 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 Lubbock,” with such powers, rights and duties as hereinafter provided.

   Sec. 2.     Boundaries.

The boundaries and limits of said corporation shall be as follows: Beginning at the northeast corner of Survey No. 1, Block “O,” which is also the southeast corner of Survey No. 79, Block “A;” Thence north 165 feet along the east line of said Survey No. 79; Thence west on a line parallel with, and 165 feet north of the south line of said Survey No. 79, a distance of 2129.25 feet to the east line of the Sanders Addition to the City of Lubbock; Thence north along the east line of said Sanders Addition a distance of 1037 feet to the northeast corner of the said Sanders Addition; Thence west along the north line of the Sanders Addition and Acuff Heights Addition to the City of Lubbock, a distance of 1639.75 feet to the northwest corner of said Acuff Heights Addition, which point is in the east line of the Wm. Tubbs Addition to the City of Lubbock; Thence north along the east line of the said Wm. Tubbs Addition, a distance of 1438 feet to the northeast corner of said Wm. Tubbs Addition; which point is in the north line of Survey No. 79, Block “A;” Thence west along the north line of said Survey No. 79, and the center line of Survey 19, Block “A,” a distance of 6791 feet to the west line of said Survey No. 19; Thence south along the west lines of said Survey No. 19, Survey No. 2, Block “O;” and Survey No. 9, Block “B,” a distance of 9297 feet to the southwest corner of Block 100 in McCrummen's 2nd Addition to the City of Lubbock; Thence east following the south lines of Blocks 100 and 95, and the center line of 5th Street in said McCrummen's Addition, a distance of 5280 feet to the east lines of said Survey No. 9, Block “B,” which is also the line of Survey No. 7, Block “B;” Thence south along the west line of said Survey No. 7, a distance of 1263 feet to the center line of said Survey No. 7; Thence east along the center line of said Survey No. 7, and the center line of Survey No. 5, Block “O,” a distance of 6580 feet; Thence north on a line parallel with and 1200 feet east of the west line of said Survey No. 5, Block “O,” and the west line of Survey No. 3, Block “O,” a distance of 3696 feet to a point due east of the northeast corner of Block 4 in Wheelock's 1st Addition to the City of Lubbock; Thence west 375 feet to the northeast corner of said Block 4 in Wheelock's 1st Addition; Thence north along the east line of said Wheelock's Addition a distance of 3606 feet to the northeast corner of Block 18 in the said Wheelock's Addition; Thence west along the north line of said Block 18 in the said Wheelock's Addition a distance of 825 feet to the northwest corner of said Block 18, which point is in the west line of Survey 3, Block “O,” and the east line of Survey 1, Block “O;” Thence north along the east line of said Survey No. 1, Block “O,” a distance of 470 feet to the place of beginning.

   Sec. 3.     Extension of boundaries.

The limits of said Corporation may be hereafter extended by adding additional territory to the same in the manner provided in the Municipal Annexation Act. (Amended by electorate 1/24/1967, eff. 2/9/1967)

Editor's note–Before being amended, section 3 provided that territory may be added whenever the majority of the qualified electors of the territory indicated a desire to be included within the corporation limits in the manner provided in article 78, chapter 1, title 22, Revised Civil Statutes. Ordinances that have changed the boundaries of the city are on file in the city secretary's office.

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

   Sec. 3A.     [Repealed.]

Editor's note–Section 3A, which provided for the alteration and extension of the boundary limits and the annexation of additional territory, was repealed at a special election on January 24, 1967.

   Sec. 4.     Platting of property.

Should any property lying within or adjacent to the city limits, as established by this Charter, be hereafter platted into blocks and lots, the owners of said property shall plat and lay the same off to conform to the streets and alleys abutting on same, and shall file with the City of Lubbock a correct map thereof, and such act or acts performed by said owner or owners of such land is and shall be considered the vote of such owner or owners to place such lands within the city limits of said City of Lubbock, under this Charter and all its requirements; provided, that in no case shall the City of Lubbock be required to pay for any of said streets or alleys, at whatever date opened, but when opened by reason of the platting of said property, at whatever date platted, they shall become, by such act, the property of the City of Lubbock, for use as a public highway. (Amended 5/7/1988)

   ARTICLE II. [GENERAL POWERS]
   Sec. 1.     Corporate powers generally.

The City of Lubbock, made a body politic and corporate by the legal adoption of this Charter, shall have perpetual succession, may use a common seal, may sue and be sued, may contract and be contracted with, plead and be impleaded in all courts and places and in all matters whatever; may take, hold and purchase lands and any character of lands, within or without the city limits as may be needed for the corporate purposes of said city and may sell any real estate or personal property owned by it; perform and render all public services and when deemed expedient, may condemn property for corporate use, and hold, manage and control the same, and shall be subject to all the duties and obligations now pertaining to or incumbent upon said city as a corporation, not in conflict with the provisions of this Charter, and shall enjoy all the rights, immunities, powers, privileges and franchises now possessed by said City and herein conferred and granted.

   Sec. 2.     Power to enact and enforce ordinances.

The City of Lubbock 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 the 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.

   Sec. 3.     Style of ordinances.

The style of all ordinances of the City of Lubbock shall be “Be it ordained by the City Council of the City of Lubbock”; but the same may be omitted when published in books or pamphlet form under authority or by direction of the governing authority of the City of Lubbock. (Amended 4/1/1930)

   Sec. 4.     Property rights of city.

All real estate owned in fee simple title, or held by lease, sufferance, easement, or otherwise, and all public buildings, fire stations, parks, streets, avenues and alleys, and all property, whether real or personal of whatever kind, character or description now owned or controlled by the City of Lubbock, shall vest in, inure to, remain and be the property of said City of Lubbock.

   Sec. 5.     Acquisition of property.

The City of Lubbock shall have the power and authority to acquire and hold, by purchase, gift, devise, deed, condemnation or otherwise, any character of property, including any charitable or trust fund.

   Sec. 6.     Public property exempt from execution.

No public property or any other character of property owned or held by said city, shall be subject to any execution of any kind or nature.

   Sec. 7.     City funds not subject to garnishment.

No funds of the City shall be subject to garnishment, and the City shall never be required to answer in any garnishment proceedings.

   Sec. 8.     Exemption from liability for damages.

The City shall not be liable on account of any claim for specific performance, breach of contract or damages to the person or to any property, or for any character of tort, unless the person asserting such claim shall give the City written notice of such claim and of the facts upon which it is based within six (6) months from the time it is claimed such cause of action arose, and no such suit shall be instituted or maintained on any such claim until the expiration of ninety (90) days from the time such notice shall have been given. (Amended 4/1/1930; 5/7/1988)

Case law annotations–Minor was excused from the notice requirement in section 8, above. Lubbock v. Onley, 498 S.W. 2d 429 (1973). Section 8 does not apply to damages for breach of contract. Geo. L. Simpson & Co. v. Lubbock, 17 S.W. 2d 163 (1928).

   Sec. 9.     Right of eminent domain.

Said City shall have the right of eminent domain and the power to appropriate private property for public purposes whenever the governing body deems it necessary; and to take any private property, within or without the city limits for any of the following purposes to wit: City halls, fire stations, police stations, jails, calaboose, fire alarm systems, libraries, hospitals, sanitariums, auditoriums, market houses, reformatories, abattoirs, streets, alleys, parks, highways, boulevards, speedways, playgrounds, sewer systems, storm sewers, sewage disposal plants, filtering beds and emptying grounds for sewage systems, drainage[,] water supply systems, wells, water and electrical light power systems, streetcar systems, telephone and telegraph systems, gas plants, gas systems, cemeteries, crematories, prison farms, rest houses, and to acquire lands within or without the city for any other municipal purpose that may be deemed advisable. The power herein granted for the purpose of acquiring private property shall include the right of improvement and enlargement of waterworks, including water supply, riparian rights, standpipes, watersheds and the construction of supply reservoirs, parks and squares, and for the purpose of straightening, widening or extension of any street, alley, avenue or boulevard. In all cases wherein the City exercises its powers of eminent domain, it shall be controlled by the laws applicable to Home Rule Cities. The power of eminent domain hereby conferred shall include the right of the governing authority, when so expressed, to take the fee in the land so condemned, and such power and authority shall include the right to condemn public property for such purposes. (Amended 1/24/1967)

   Sec. 10.     Ownership of public utilities.

Said City shall have the power to buy, own or construct, and to maintain and operate within or without the city limits, complete water system or systems, gas or electric lighting power plant or power plants, telephone or telegraph systems, street railways, sewer systems, sewage plants, fertilizing plants, abattoirs, municipal railway terminals, or any other public service utility, and to demand and receive compensation for services furnished by the City for private purposes or otherwise, and to have the power to regulate, by ordinance, the collection of compensation for such services. Said City shall have the power to acquire by lease, purchase or condemnation, the property of any person, firm or corporation now or hereafter conducting such business, for the purpose of operating such public utility or utilities and for the purpose of distributing such service within or without the City, or any portion thereof.

   Sec. 11.     Funds for acquisition of any public utility, security for same, etc.

Should the City determine to acquire any public utility by purchase, condemnation or otherwise, as herein provided, said City shall have the power to obtain funds for the purpose of acquiring said public utility and paying the compensation therefor, by issuing bonds or notes, or other evidence of indebtedness, and may secure the same by fixing a lien upon the property constituting the public utility so acquired, and said security shall apply alone to said property so acquired.

   Sec. 12.     Manufacture or purchase of public utility products.

Said City shall have the authority to manufacture its own electricity, gas or anything else that may be needed or used by it or the public; to make contracts with any person, firm or corporation for the purchase of gas, water, electricity or any other commodity or articles used by it or the public, and to sell same to the public as may be determined by the governing authorities.

   Sec. 13.     Exclusive right to operate and maintain public utility required.

In the event said City shall acquire by purchase, gift, devise, deed, condemnation or otherwise, any waterworks system, electric light or power system, gas system, street railway system, telephone system or other public service utility to operate and maintain for the purpose of serving the inhabitants of said City, the right to operate and maintain such public service utility, so acquired, shall be exclusive.

   Sec. 14.     Right to regulate charges, etc., of holder of franchise or privilege.

Said City shall have the power to determine, fix and regulate the charges, fares and rates of any person, firm or corporation now exercising, or that may hereafter exercise, any right of franchise or public privilege in said City, and to prescribe the kind of service to be furnished and the equipment to be used, and the manner in which service shall be rendered, and to change such regulations from time to time. In order to ascertain all of the facts necessary for a proper understanding of what is or should be a reasonable rate or regulation, the governing authority shall have full power to inspect the books and other records of such person, firm or corporation and compel the attendance of witness[es] for such purpose; provided, that in adopting such regulations, and in fixing or changing such compensation, no stock or bonds authorized or issued by any person, firm or corporation exercising such franchise or privilege, shall be considered unless proof be made that the same have been actually issued by such person, firm or corporation for money or its equivalent, paid and used for the purchase [and] development of the property under investigation.

Editor's note–The Charter Comparative Table, which was initially prepared with the publication of the 1983 Code of Ordinances, indicated section 14 was amended at an election held on December 10, 1925.

   Sec. 15.     Street powers.

(a)     The City of Lubbock shall have exclusive dominion, control and jurisdiction in, over and under the public streets, avenues, alleys, highways and boulevards and public places and grounds of said City, and shall have power to provide for the improvements of any public streets, avenues, alleys, highways, boulevards, public places and grounds by paving, widening, raising, grading, filling, re-paving or re-surfacing, or otherwise improving same, and by the construction of sewers and drains and curbs, gutters and sidewalks, and by and all other matters incidental to any of such improvements. The word “Highway,” as used herein shall include all streets, alleys, avenues, boulevards, squares, public places and grounds in said City. The Governing Body of the City shall have the right and power to assess against property abutting upon highways or sections thereof improved, and against the owners thereof, the whole costs of constructing curbs and sidewalks, and 90% of the remaining costs of any such improvements, subject to the terms hereof, the Governing Body of the City shall have the power to apportion the cost payable by the respective parcels of abutting property and owners thereof, and to fix a lien against such abutting property therefor, which lien shall be superior to all other claims, liens, or interests, except city, county and state taxes and to fix a charge and personal liability against the owners of such property. (Amended 12/10/1925)

Terms of payment. The portion of cost assessed against abutting property and owners thereof may be payable in installments, and the Governing Body of the City shall have power to fix time and terms of payment, and to provide that such assessments shall bear interest at any rate permitted by the laws of the State of Texas, and to provide that such assessments shall include reasonable attorney's fees and cost of collection, if incurred, and to provide that default in the payment of any installment shall, at the option of the owner of any assessment or certificate issued in evidence thereof[,] mature the entire assessments upon which default is made. The Governing Body shall have full authority to issue assignable certificates in evidence of any and all such assessments. (Amended 12/10/1925; 5/7/1988)

Case law annotation–City may collect fees for parking vehicles on streets. Ex parte Harrison, 122 S.W. 2d 314 (Ct. Crim. App. 1938).

(b)     Assessment lien. The Governing Body of the City shall have power to assess and shall assess against the owners of street railways, steam railways and other railways occupying or crossing any highway or portion thereof improved, the entire cost of making such improvements in the area between and under the rails, tracks, switches, double-tracks or turnouts of any such railways and for two feet on each side thereof, which sums when assessed shall be paid by the owners of such railways and shall be a lien upon the roadbed, rails, ties, tracks, franchises, and other property, real, personal or mixed, used in the operation of such railways, and which lien shall be superior to all other liens, claims or interests except city, state and county taxes and the Governing Body shall have full power to make and levy any and all such assessments and to provide therein for reasonable attorney's fees and costs of collection if incurred, and to prescribe the time and terms of payment, and for interest not to exceed the rate of 8% per annum upon any deferred payments, and for accelerated maturity at the option of the holder of any such assessment or certificate issued in evidence thereof in case default be made in the payment of any installment. (Amended 12/10/1925)

(c)     Notice and hearing. No assessment shall be made against any abutting property or owner thereof, or against any railroad or street railway or owner thereof, until after opportunity for hearing to such owners and to all others interested or to be affected before the Governing Body of the City preceded by notice of the time and place of such hearing addressed generally to such owners and others affected, without the necessity of specifically describing the property to be assessed or naming the owners thereof, which notice shall be published in some newspaper published in and of general circulation in the City of Lubbock, Texas, at least three times before the date fixed for such hearing, the first of which publication shall be at least ten days before the date of such hearing, and it shall not be necessary to the validity of such notice that it do more than state generally the time, place and purpose of such hearing, with a general designation of the highways or portion or portions thereof, to be improved, and with reference to which the hearing is to be held. (Amended 12/10/1925)

Additional notice. The Governing Body shall have power to provide for additional notice in its discretion, but said published notice shall be sufficient and binding upon all owners and others interested or to be affected notwithstanding that other and additional notice may be provided for and not given, or if given should be faulty, erroneous or defective for any reason. (Amended 12/10/1925)

Hearing; right to contest. At such hearing the owners of abutting property and of said street railways, steam railways and other railways and all other parties interested or to be affected, shall have the right to contest such assessments either as to the benefits to abutting property or as to the amounts of assessments, or as to any error herein [therein], or any error or invalidity in any proceeding with reference thereto or with reference to the appointment [apportionment] of the cost of any improvement, or with reference to the regularity, sufficiency, validity or accuracy of any step or proceeding in connection with such improvements or assessments therefor and shall have the right to produce testimony and summon witnesses in support of any contest, protest or objection made, and the Governing Body shall, at or after such hearing, determine the amounts, if any, to be assessed, and shall make such assessments by ordinance. At such hearing, any errors, invalidities, irregularities, inaccuracies or deficiencies in connection with any proceeding or step may be corrected or supplied. (Amended 12/10/1925)

Assessment; special benefits. No assessment shall be made against any abutting property or the owner thereof in excess of the special benefits to such property in the enhanced value thereof by means of the improvements for which assessments are levied as determined at such hearing. Such assessments when levied may be enforced either by suit in any Court having jurisdiction brought by the City for the benefits of the owner and holder of any such assessments or of certificate issued in evidence thereof, or brought by such owner and holder, or by the sale of the property assessed in the same manner, as near as possible, as is provided for the sale of real estate for municipal ad valorem taxes. The lien of all such assessments when levied, as well as any re-assessments which may be made, shall relate back and take effect as of the date of the ordinance, resolution or other proceeding ordering the improvement for which such assessment or re-assessment is levied. (Amended 12/10/1925)

(d)     Personal liability of owners. Nothing herein contained shall empower the city to fix an assessment lien against any property exempt by law from the lien or special assessment for street improvements, but the owners of such property shall nevertheless be personally liable for the portion of the cost of such improvements which would be a lien on such property where it is not exempt, and such sums shall be assessed against such owners and not become a personal liability and charge and be enforced, all in the same manner as hereinbefore provided for other assessments. The fact that any improvement is omitted in front of any property so exempt shall not invalidate or impair assessments against other property or the owners thereof. (Amended 12/10/1925)

(e)     Certificates of assessments. The Governing Body shall have the power to cause to be issued in the name of the City assignable certificates in writing declaring the liability of abutting property and the owners thereof, and of any steam railway, street railways or other railways, for the payment of assessments levied reciting the time and terms of payment, the rate of interest, and other matters appropriate thereto. (Amended 12/10/1925)

Certificates as evidence. If any such certificate shall recite substantially that all proceedings with reference to the improvement therein referred to an assessment evidenced thereby have been regularly had in compliance with law and charter, and that all prerequisites to the fixing of the assessment lien against the property therein referred to and the personal liability of its owners have been performed, such recitals shall be prima facie evidence of such matters and all other pertinent facts recited, and no further proof thereof shall be required in any court. (Amended 12/10/1925)

(f)     Apportionment of costs. Subject to the terms hereof, the Governing Body of the City shall apportion the costs of improvements among the parcels of property abutting the highways, or sections thereof improved, and the owners thereof, in accordance with the Front Rule or Plan, but if in particular cases the application of this rule would in the opinion of the Governing Body, result in injustice or inequality, then such Body shall adopt such rule as shall effect substantial justice and equality having in view the benefits received and burdens imposed, and the proportion of costs to be assessed against the abutting property and owners thereof, shall be all the costs of constructing sidewalks and curbs, and 90% of the remaining costs of such improvement, exclusive of the cost of the improvements in the area between rails, tracks, double tracks, turnouts, and switches and two feet on each side thereof, of any steam railways, street railway or other railway unless it shall appear that the special benefits to such abutting property in the enhanced value thereof by means of such improvements will not aggregate such proportion of costs, in which event the amount to be assessed against such abutting property and owners thereof shall be the amount of such benefits. (Amended 12/10/1925)

(g)     Validity of assessments. No error or mistake in the ordinance levying assessments or in any proceeding prerequisite thereto shall invalidate any assessment levied, and no error in describing any parcel of abutting property, or in giving the name of the owner thereof, shall invalidate any such assessment, but same shall have full force and be in effect against the premises and against the real and true owners thereof and the Governing Body may at any time by ordinance make corrections of any error or mistake in the description of any property or in the name of any owner in any preceding ordinance, and the fact that more than one parcel of property may be included in one assessment, or that property assessed may be jointly owned and assessed jointly, shall not effect [affect] or impair the validity of any assessment. No assessment shall be made nor certificate issued which shall cover more than one vacant or unimproved tract and no vacant property shall be included in an assessment or certificate with other property. (Amended 12/10/1925)

Power to correct errors; re-assessment. Whenever, in the opinion of the Governing Body, an error, mistake or invalidity exists in any proceeding with reference to any such improvement or assessment, it may correct the same, and shall have power to make re-assessments against any such property and the owners thereof, and it shall be its duty to do so when requested by anyone entitled to compensation for making such improvements or by the holder of any assignable certificates issued in evidence thereof. Such re-assessment shall be made after notice and hearing in the manner and for the length of time herein provided for original assessment and not in excess of the benefits in enhanced value to the property assessed, and otherwise as near as possible in accordance with the provisions hereof with reference to original assessments, and the Governing Body shall have full power by ordinance to make any and all rules and regulations necessary to carry into effect the provisions hereof relative to assessments and re-assessments. (Amended 12/10/1925)

Certificates after re-assessment. After such re-assessments, the City shall have the power to issue assignable certificates evidencing the same as hereinbefore provided, and the conditions of said certificates and the recitals shall as near as possible, comply with the provisions hereof relating to, and have the same force and effect as certificates in evidence of original assessments. (Amended 12/10/1925)

Limitation on re-assessment. No such re-assessment shall be made unless proceedings therefor are begun within three years from the date of completion of the improvements and acceptance thereof by the City for which original assessments has [have] been or should have been levied, but if the validity of any assessment shall be involved in litigation, then the period of litigation shall not be considered in computing said three years. (Amended 12/10/1925)

(h)     Assessment ordinance required. The Governing Body shall have power to take any step or proceeding in connection with or prerequisite to any such improvement or assessment or re-assessment either by order, motion, resolution or ordinance, except that the actual final levy of assessment or re-assessment either by order, motion, resolution or ordinance, except that the actual final levy of assessment or re-assessment shall be by ordinance [sic]. (Amended 12/10/1925)

(i)     Contest by owner. Any property owner, or railway or street railway, or anyone else interested or affected and against whom or whose property an assessment or re-assessment has been made, shall have the right within the period of time provided by law of the State of Texas to bring suit in any court having jurisdiction, to set aside or correct the same either in whole or in part for or on account of any error, irregularity or invalidity in the amount thereof or in any proceeding with reference thereto, but thereafter such owner and all others in anywise interested or affected shall be barred and stopped from any such action and from in anywise contesting the validity or enforcement of any such assessment or re-assessment in any action in which the same may be brought in question. If such suit be brought, the construction of the improvements may be suspended until the final determination thereof. (Amended 12/10/1925; 11/7/1961)

(j)     Governing Body to determine improvements. The Governing Body shall have the right to determine the nature and extent of the improvements to be made, and the materials, methods, plans and specifications under which the same shall be constructed, and shall have the right to let the work of making same by contract, and shall have the right to specify different or alternative materials, methods or plans. (Amended 12/10/1925)

(k)     Power not exclusive. The power hereby granted shall exist as alternative to any powers elsewhere or otherwise derived. (Amended 12/10/1925)

   Sec. 16.     Construction of sidewalks and curbs, powers.

Said City shall have the power to provide for the construction and building of sidewalks and curbs and to charge the entire cost of the construction of said sidewalks, including the curbs, against the owner of the abutting property and to make a special charge against the owner for such cost, and to provide, by special assessments, a lien against such property for such cost.

   Sec. 17.     Improvements of sidewalks and curbs.

Said City shall have the power to provide for the construction, improvement or repair of any sidewalk or curb by penal ordinance and to declare defective sidewalks or curbs public nuisances.

   Sec. 18.     Franchise for use of streets.

Said City shall have the power and authority to grant franchises for the use and occupancy of streets, avenues, alleys, and any and all public grounds belonging to or under the control of the City. No telephone, telegraph, electric light or power, street railway, interurban railway, steam railway, gas company, waterworks, water systems, or any other character of public utility shall be granted any franchise or be permitted the use of any street, avenue, alley, highway or grounds of the City without first making application to, and obtaining the consent of the governing authority thereto, expressed by ordinance, and upon paying such compensation as may be prescribed and upon such condition as may be provided for by such ordinance and before such ordinance proposing to make any grant or franchise or privilege to any applicant to use or occupy any street, avenue, alley or any other public grounds, belonging to or under control of the City, shall become effective, publication of said ordinance, as finally proposed to be passed, shall be made in a newspaper published in the City of Lubbock, once a week for three (3) consecutive weeks; which publication shall be made at the expense of the applicant desiring said grant and said proposed ordinance shall not be thereafter changed unless republished as in the first instance, nor shall any such ordinance take effect or become a law or contract or vest any rights in the applicant therefor, until after the expiration of thirty days from the last publication of said ordinance, as aforesaid.

Election may be required. Pending the time such ordinance may become effective, it is hereby made the duty of the governing authority of the City to order an election if requested to do so by written petition, signed by at least ten (10) percent of the legally qualified voters, as determined by the number of votes cast in the last regular municipal election, at which election the qualified voters of said City shall vote for or against the proposed grant, as set forth in detail by the ordinance conferring the right and privilege upon the applicant therefor. Such election shall be ordered not less than thirty (30) days nor more than ninety (90) days from the date of filing said petition, and if at said election the majority of the votes cast shall be for granting such franchise or privilege, said ordinance and the making of said proposed grant shall thereupon become effective, but if a majority of the votes cast at said election shall be against the granting of such franchise or privilege, such ordinance shall be ineffective and the making of such proposed grant be null and void.

Franchise limitations. No franchise shall ever be granted by the Council other than an indeterminate franchise or a franchise for a period of years not exceeding twenty, except in cases where an election is held, as above provided, to determine whether or not a franchise shall be granted, and no franchise granted as the result of any election shall ever be for a period of time exceeding forty years.

(Amended 5/7/1988)

   Sec. 19.     Public works improvement.

Said City shall have the power to open, extend, straighten, or widen any public street, avenue, or alley and for such purpose to acquire the necessary land, by purchase or condemnation, and to provide that the cost of improving any such street, avenue or alley by opening, extending, straightening or widening the same shall be paid by the owner of property lying in the territory of such improvement and which is specially benefited thereby, and to be provided that the cost shall be charged by special assessment against such owner and made a lien against his said property for the amount due by him, and three (3) Special Commissioners shall be appointed by the County Judge of the County of Lubbock, Texas, for the purpose of condemning said land and apportioning said cost, and said apportionment shall be specially assessed by the governing authority of said City against the owners and their property lying in the territory so found by said Special Commissioners to be specially benefited in enhanced value, and said City may issue assignable certificates for the payment of any such cost against such property owner and his property and may provide for the payment thereof in deferred payments, which deferred payments shall bear interest at any rate permitted by the laws of the State of Texas. Said City shall pay such portion of such cost as may be determined by said Special Commissioners to be due it; provided the cost paid by the City shall never exceed one-third (1/3) of the cost of such improvement. (Amended 5/7/1988)

   Sec. 20.     Altering streets, obstructions, encroachments, etc.

Said City shall have the power to control, regulate and remove all obstructions, encroachments and incumbrances on any public street, avenue or alley, and to narrow, alter, widen, straighten, vacate, abandon and close same; to provide for sprinkling and cleaning same, and to regulate and control the moving of buildings and structures of every kind and character upon and along the same.

   Sec. 21.     Parks, playgrounds, etc.

Said City shall have the exclusive control over all City Parks and municipal playgrounds and the right to control, regulate and remove all obstructions and prevent all encroachments thereupon; and to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings, providing amusements therein, for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds.

   Sec. 22.     Park and recreation board.

The City Council shall by Ordinance create and establish a Park and Recreation Board, and may from time to time delegate all or any part of the general control and supervision of the parks within the City of Lubbock, now or hereafter to be acquired, to said Park and Recreation Board, but the exercise of any such delegated authority shall be subject to the final approval of the City Council. (Amended 6/28/1932; 11/7/1961)

   Sec. 23.     Peace and good order; police powers; nuisances; control over.

Said City shall have the power to define all nuisances, prohibit the same within the City and outside the City limits for a distance of 5,000 feet, to police all parks, grounds, speedways, streets, avenues and alleys owned by said City within or without the City limits; to prohibit the pollution of all sources of water supply of said City and to provide for the protection of watersheds.

Inspection of foods. To provide for the inspection of dairies, cows and dairy herds, slaughter pens and slaughterhouses and abattoirs, within or without the City limits, from which meat, milk, butter or eggs are furnished to the inhabitants of said City, and to provide for the inspection of meat markets, grocery stores, drugstores, confectioneries, fruit stands, ice cream factories, laundries, bottling plants, hotels, restaurants, creameries and bakeries; the source, storage and distribution of water, and all other places where food or drinks for human consumption are manufactured, handled, sold or exposed for sale, and to regulate and inspect the quality, and sanitary condition of such articles of food and drinks so sold or offered for sale.

Sanitation; garbage; liens for costs. To provide for the inspection and regulation of the sanitary condition of all premises and vacant lots within the City limits; for the removal of garbage, night soil, refuse, weeds, trash, unsightly objects and unsanitary vegetation; to provide for the establishing of a lien against the property for any expenses incurred by the City in enforcing this provision, and further, to provide for the making and enforcing of all proper and reasonable regulations for the health and sanitation of said City and its inhabitants.

Health department; powers. To provide for a health department and the establishment of rules and regulations protecting the health of the City; the establishment of quarantine stations, pest houses and hospitals and to provide for the adoption of necessary quarantine laws to protect the inhabitants against contagious and infectious diseases.

Sanitary sewers; connection by property owners and costs thereof. To provide for the purchase, extension, construction and maintenance of a sanitary sewer system; to require owners of property to connect such property to said sewer, and to provide for charging the cost of such connection to property owners, and the fixing of a lien against the property to cover the cost of such connection. The Council also may, by ordinance, fix penalties for failure to make such connections.

Driving animals on streets. To prohibit or regulate the driving of herds of horses, mules, cattle, hogs, sheep, goats and all herds of domestic animals along or upon the streets, avenues, alleys, parks or public grounds of said City.

Animals running at large. To establish and regulate public pounds and to regulate, restrain and prohibit the running at large of horses, mules, cattle, sheep, swine, goats, geese, chickens, pigeons, ducks and all other domesticated animals and fowls and to authorize the restraining, impounding and sale of the same for the cost of the proceedings and the penalty incurred, and to order their disposal or destruction when they cannot be sold, and to impose penalties upon the owner thereof for the violation of any ordinance regulating or prohibiting the same, and to tax, regulate, restrain and prohibit the running at large of dogs and to authorize their disposal or destruction, and impose penalties on the owners or keepers thereof.

Mistreatment of animals. To prohibit the inhumane treatment of animals and provide punishment therefor.

Regulation of use of streets and sidewalks. To prohibit and restrain the flying of kites, firing firearms, firecrackers, or exploding of explosives, rolling of hoops, and the use of velocipedes, bicycles, and skates, or the use and practice of any amusement on the streets, or sidewalks, to the annoyance of pedestrians or persons using such streets or sidewalks, and to restrain, regulate and prohibit the ringing of bells, or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices and performances tending to the collection of persons in the streets or tending, unnecessarily, to interfere with the peace and quietude of the inhabitants of said City; and to suppress and regulate all unnecessary noises.

License of occupations; prohibition of signs. To license any lawful business, occupation or calling susceptible to the control of the police power, and to license and regulate, control or prohibit the erections of awnings, signs or billboards on either public or private property within the City limits.

Peddlers; regulation; license. To license, tax and regulate hawkers, peddlers and pawnbrokers.

Regulation of vehicles for hire. To license, tax and regulate the operation of all vehicles operated within the City limits for the carriage of passengers or freight for hire on the public streets of said City, and to regulate and prescribe the charges of fares made by any person, firm or corporation, owning, operating or controlling any such vehicle.

Regulation of operation of trains, streetcars, etc. To regulate the operation of railway trains, streetcars and jitney cars operated on, along, or across the streets, avenues or alleys of said City; to license and control the operation of automobiles, motorcycles, taxicabs, buses, cabs and carriages and all character of vehicles using the public streets, and to prescribe the qualifications of drivers thereof, and to regulate the use and occupancy of the streets by any such vehicles.

Plumbing regulation. To provide for the regulation and control of plumbers and plumbing works and to secure efficiency in the same.

Weights, measures; standards. To provide for the inspection of weights, measures and meters and fix a standard of such weights, measures and meters and require conformity to such standards, and to provide penalties for failure to use or conform to the same, and to provide for inspection fees.

Buildings; electricity; sewer; gas; plumbing. To provide for the issuance of permits for the erection of all buildings; for the inspection of the construction of all buildings in respect to proper wiring for electric lights and other electric appliances as well as piping for gas, flues, chimneys, plumbing and sewer connections, and to make and enforce proper regulations in regard thereto.

Keeping of statistics. To provide for the gathering within the City, the filing, the recording and keeping of any character of public statistics; to prescribe the forms of blank reports and books that shall be used in connection therewith; to determine who shall make and file any such report, and to provide a penalty for failure to do so.

Buildings; fire limits; condemnation of, etc. To provide for the establishment and designation of fire limits; to prescribe the kind and character of structures to be erected therein; to provide for the erection of fireproof buildings within said limits and for the condemnation of dangerous or dilapidated structures which are calculated to increase the fire hazard, and to prohibit the repair of wooden or ironclad buildings in the fire limits which have been damaged by fire to within fifty percent of the sound value thereof and may prescribe the manner of ascertaining such damages and direct the removal and abatement thereof.

Fire escapes; exits; buildings. To require the construction and determine the sufficiency and regulate the safety of all exists [exits] and fire escapes on and in all public buildings, office buildings, hotels, apartment houses, rooming houses, hospitals, theatres and store buildings within said City, and to enact and enforce all ordinances and resolutions necessary to regulate the safety thereof.

Public amusements; sale of liquor. To provide for the establishment of districts and limits within said City, wherein saloons for the sale of spirituous, vinous and malt liquors may be located and maintained, and to prohibit the sale of such liquors, or the location of such saloons within such defined districts or limits, to regulate the location and control the conduct of theatres, moving picture shows, vaudeville shows, dance halls, ten-pin alleys, pool halls, and all other public amusements.

Vagrants; drugs, etc. To restrain and punish vagrants, mendicants, beggars and prostitutes, and to regulate, control or prohibit the sale, gift, barter or exchange, of cocaine, opium, morphine and the salts thereof.

Disorderly houses; vagrancy. To prohibit and punish keepers and inmates of bawdy, assignation and disorderly houses, and to prevent and suppress such bawdy, assignation and disorderly houses, and to punish such keepers, inmates and owners, or agents of such owners of such houses knowingly permitting such houses to be occupied as such bawdy, assignation or disorderly houses, and to determine such inmates and keepers to be vagrants.

Police department. To establish and maintain the City Police Department, prescribe the qualifications and duties of policemen and regulate their conduct.

Fire department. To provide for the establishment of and maintaining the Fire Department of the City.

Public utility extensions. To require waterworks corporations, gas companies, streetcar companies, telephone and telegraph companies, or other companies, or individuals exercising franchises now or hereafter from the City, to make and furnish extension of their service to such territory as may be required by ordinance.

Plats of streets occupied by public utilities. To require that the holder of any right or franchise, heretofore or hereafter granted, by this City for the use or occupancy of any of its streets, avenues, alleys or public grounds, shall, at their own expense, make and furnish to said City correct and complete maps or plats, showing the location, extent and such other general information as may be desired of all their respective improvements and uses of whatsoever nature or character located on the streets, avenues, alleys or public grounds of said City.

Penal ordinances; penalty. To provide for the enforcement of all ordinances enacted by it, by a fine not to exceed the maximum fine permitted by applicable State law, provided that no ordinance shall prescribe a greater or less penalty than is indicated for a like offense by the laws of the State. (Amended 11/7/1961; 5/7/1988)

Punishment; remission; collection of fines. To provide for the suspension and remission of punishment and the commutation of fines imposed by labor in a workhouse or on the public streets and grounds of the City, and for the collection of any fine imposed execution may be enforced as execution in civil cases, provided that the punishment imposed for a violation of any offense denounced by the State law or which the municipal court of record has jurisdiction may not be suspended or remitted, unless provision therefor is made by the general laws of the State. (Amended 5/7/1988)

   Sec. 24.     Sale of city owned utilities and land.

Sale of Electric Light System and Water System and Plant and also 81 acres of land, to be voted on by people. The City of Lubbock shall not sell the municipal electric light system, or water system and plant, or the 81 acre tract of land purchased by the City from J. A. Wilson out of Survey Eighteen (18), Block A, Lubbock County, Texas, unless such sale is authorized by a two-thirds vote of the qualified tax-paying voters at a general or special election held in accordance with law. (Amended 4/1/1930)

   Sec. 25.     Abandonment of Lubbock Municipal Auditorium-Coliseum.

The City of Lubbock shall not permanently abandon the land, or buildings used and known as the Lubbock Municipal Auditorium-Coliseum, unless such abandonment is authorized by a majority vote of the qualified tax-paying voters at a general or special election held in accordance with law; provided, however, that no election shall be required prior to the sale or other disposition of fixtures, equipment, furnishings or appurtenant structures which have become obsolete or which are no longer necessary or desirable to the continued operation of such Lubbock Municipal Auditorium-Coliseum. (Amended 11/7/1961)

   ARTICLE II-A. [STREET IMPROVEMENTS]
   Sec. 1.     Adoption of state street improvement law.

The terms, powers and provisions of an Act relating to street improvements and assessments therefor passed at the First Called Session of the Fortieth Legislature of the State of Texas, and shown as Chapter 106 of the General and Special Laws of said Session of the Legislature, are hereby adopted as and made a part of the Charter of the City of Lubbock. (Amended 4/1/1930)

Editor's note–The Act referred to in the above section was originally codified as V.T.C.S. art. 1105b. Such Act was recodified as V.T.C.A., Transportation Code, chapter 313, by Acts 1995, 74th Legislature, chapter 165, section 1, effective September 1, 1995.

   Sec. 2.     State street improvement law part of Charter.

It is the intention and purpose hereof to write into and make a part of the Charter of the City of Lubbock all of the powers, terms and provisions of said Act, and such powers, terms and provisions shall exist, be in force and may be exercised as alternative to, and independently of, other powers, terms and provisions of the Charter of the City of Lubbock with amendments thereto, and of the law in force in the City of Lubbock, and which in anywise relate to the same subject matter. The Governing Body of the City of Lubbock may proceed either under and in accordance with said Act or under and in accordance with any other law, Charter provision or amendment now or at the time in force. (Amended 4/1/1930)

   ARTICLE III. [COURTS]*
   [Sec. 1.     Municipal courts of record.]

The governing body of the City of Lubbock may by ordinance establish the City's existing municipal courts as municipal courts of record, which courts of record shall operate in conformance with all applicable laws, ordinances, resolutions and rules. (Amended 5/7/1988)

   ARTICLE IV. [INITIATIVE; REFERENDUM; RECALL]
   Sec. 1.     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 a written or printed instrument which shall be filed with the person exercising the duties of City Secretary, 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) qualified voters of the City of Lubbock, 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 hereinafter provided for.

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

Petition required to submit ordinance. Before any such ordinance or resolution may be submitted to the Council for adoption or repeal, it shall be necessary that a petition signed by not less than twenty-five (25) per cent of the qualified voters within the City of Lubbock, as determined by the number voting at the last regular municipal election, shall be presented to the Council, referring to such ordinance or resolution and requesting its adoption or repeal, as the case may be. All such petitions circulated for signatures shall be uniform in character and shall each have attached to the same an exact written or printed copy of the proposed ordinance or resolution sought to be adopted or repealed, and shall be filed with the person discharging the duties of City Secretary within sixty days from the filing of the statement hereinabove referred to.

Petition; signatures; affidavit. Each signer of a petition shall sign his name in ink or indelible pencil, in his own handwriting, and shall place on the same, following his name, his street number or place of residence within the City and, in addition, such other information as may be required by State law, such as a printed name, voter registration number and date of signing. The signatures to any such petition need not all be attached to the same paper, but to each such paper there shall be attached an affidavit, by the circulator thereof, stating the number of signers to such part of the petition, and that each signature is genuine and that of the person whose name it purports to be and that it was made in the presence of the affiant. (Amended 5/7/1988)

Petition; proceedings after filing petition. When signatures have been obtained in the number above provided for and the petition and statement have been filed with the person exercising the duties of City Secretary, such officer shall submit all papers pertaining to such ordinance by resolution, and its proposed initiation or reference to the Council at its next regular meeting and such officers shall mail to each of the members of such initiating or referring committee a notice of the time of the next 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.

Public hearing; final action on petition. After such presentation of the petition to them, 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 thus initiated by petition, or by either repealing or refusing to repeal the ordinance or resolution thus sought to be referred, and in either event, the action of the Council shall be noted in its minutes.

Submission to electors of ordinance or resolution. If the Council refuses to pass or to repeal the proposed ordinance or resolution or passes the same in an amended form 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 of 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 electors for adoption or repeal, as the case may be.

Certificate of committee; filing with secretary. When an ordinance or resolution proposed by petition is to be submitted to vote of the electors for adoption or repeal, after the Council has acted upon the 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 its 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 person exercising the duties of the City Secretary. (Amended 5/7/1988)

City secretary; duties; governing board; election. After receipt of such certificate and the certified copy of the proposed ordinance or resolution, the person exercising the duties of the City Secretary 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 at a date not more than ninety (90) days nor less than ten (10) days after such meeting of the Council, then such ordinance or resolution proposed for adoption or repeal shall be submitted by the Council to a vote of the electors at such election to be held, but if such election is to be held within such time, the Council shall provide for submitting such proposed ordinance or resolution, for adoption or rejection, to the electors at a special election to be held not less than twenty (20) nor more than forty (40) days thereafter.

Form of ballot. The form of 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 on separate lines, there shall be printed the words: FOR THE ORDINANCE–AGAINST THE ORDINANCE. If a majority of the electors voting 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.

Ballot; requisites; majority vote. 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 electors voting 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 have been declared.

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

Election provided by State law. In the event that a referendum is provided by State law upon some matter, such as, but not limited to, the issuance of revenue bonds, such law shall supersede the provisions of this Charter pertaining to initiative and referendum and the Charter's provisions shall not be effective. (Added 5/7/1988)

   Sec. 2.     Officers subject to recall.

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

Petition for recall. A petition demanding that the question of removing such officer or officers be submitted to the electors, shall be filed with the person discharging the duties of City Secretary. Such petition for the recall of any elective officer or officers shall be signed by at least thirty percent (30%) of the qualified voters of the officer's elective District, to be determined by the number of votes cast in the District at the last regular municipal election; at least one-tenth (1/10) of those signing the petition shall certify that at the election at which the officer or officers was or were elected, they voted for the election of such officer or officers proposed to be recalled. The district of the Mayor and Municipal Judge, for the purpose of this section, shall be the City at large. (Amended 5/7/1988)

Recall petitions; distribution, etc. Petitions for signatures for such recall shall be procured only from the person exercising the duties of City Secretary, who shall keep a sufficient number of such blank petitions on file for distribution, and prior to the issuance of such petitions for signatures there shall be filed with such person an affidavit by one or more qualified electors, stating the name or names of the officer or officers sought to be removed. Such officer issuing such petitions for removal to an elector shall enter in a record to be kept the name of the elector 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 name of the elector 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. (Amended 5/7/1988)

Signatures on petitions. Each signer of a recall petition shall sign his name thereto in ink or indelible pencil, and shall write thereon, after his name, his street number or place of residence within the City and, in addition, such other information as may be required by State law, such as a printed name, voter registration number and date of signing. 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 his presence, and is that of the person whose name it purports to be. (Amended 5/7/1988)

Filing recall petition. All papers comprising a recall petition shall be returned and filed with the person exercising the duties of City Secretary, within thirty (30) days after the filing of the affidavit hereinbefore provided for. The person exercising the duties of City Secretary, upon the return of such petition, shall at once submit the same to the governing authority of the City, 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 five (5) days after such notice is given, the governing authority of the City shall thereupon order and fix a day for holding a recall election, the date of which election shall not be less than fifteen (15) nor more than thirty (30) days from the time such petition was presented to the governing authority of the City.

Form of recall ballot. The ballot of 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 (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 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, he shall, regardless of any technical defects in the recall petition, be deemed removed from office, but 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 of [sic] the remainder of his term, subject to recall as before.

Limitation on recall. No recall petition shall be filed against any officer of the City within six (6) months after his election, nor within six (6) months after an election for such officer's recall.

County judge may order recall election. In case the governing authority of the City shall fail or refuse to receive the recall petition, order such recall election or discharge any other duties with reference to such recall, then the County Judge of Lubbock County, Texas, shall discharge any of such duties herein provided to be discharged by the governing authority of said City.

Result of election; vacancies. If, in such recall election, there shall, as a result of such election, 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 governing authority of said City, for which a quorum of the Council is not herein required, until the vacancy or vacancies created by such recall election are filled by an election for that purpose, as hereinafter provided for, but 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 names of candidates to fill the vacancies proposed to be created by such election, but the names of such officers proposed to be recalled shall not appear on the ballot as candidates.

Duties of officers not recalled. 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 governing authority of the City, within five (5) days after such election is held, to meet, canvass the returns, declare the results 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 ten (10) nor more than twenty (20) days after the same shall have been ordered.

   ARTICLE V. [TAXATION GENERALLY]
   Sec. 1.     Levies, etc.; when taxes to be levied; amount.

It shall be the duty of the governing authorities at the first regular meeting in March of each and every year to levy such ad valorem and occupation taxes as may be necessary to cover the expenses of the City government for the current year; provided, however, that failure to levy such taxes at such meeting shall not prevent the same being levied at any subsequent meeting of said authorities; and, provided, further, that if the governing authorities shall fail or neglect to pass a tax ordinance for any one year, levying the taxes for that year, that the tax ordinance last passed will be considered in force, and the failure to pass such ordinance shall in nowise invalidate the collection of the tax.

   Sec. 2.     City may foreclose lien against any taxpayer.

The tax levied by the governing authorities is hereby declared to be a lien, charge and encumbrance upon the property on which the tax is due, not only as against any resident of this State, but entitled to enforce and foreclose in any court having jurisdiction of the same, and the lien, charge and encumbrance on the property in favor of the City for the amount of taxes due on such property is such as to give the State courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this State, but against any persons who are nonresidents of this State, or whose residence is unknown, and against the unknown heirs of any person who owns the property on which the tax is due.

   Sec. 3.     All property not specially exempted subject to taxation.

All property, real, personal or mixed, except as may be hereinafter expressly exempted, is subject to taxation, and the same shall be rendered and listed in the manner prescribed by the general laws in regard to general State taxation, when applicable. The definition of property and terms, as defined by the general laws under the head: “Taxation” and what is subject to taxation, as prescribed, by the general laws of the State, shall apply to the taxation of this City. All taxes shall be payable at the office of the Assessor and Collector, and no demand by him shall be necessary or requisite to enforce the collection thereof by any proceedings herein prescribed, nor for any taxes due before the adoption of this Charter.

   Sec. 4.     Remedies to collect taxes.

The City of Lubbock shall have all other remedies for the levy and collection of city taxes as are given by the Constitution and Statute of Texas to State and County for the levy and collection of state and county taxes. (Amended 4/1/1930)

   ARTICLE VI. [OCCUPATION TAXES AND LICENSES]*
   Sec. 1.     Duty to pay occupation tax; penalty.

That it shall be the duty of every person, firm, association of persons, company or corporation pursuing a business, profession, occupation, avocation or calling within the limits of the City of Lubbock, during the year 1918 and each year thereafter until otherwise provided, upon which there is or may be levied an occupation tax by the governing authorities of the City of Lubbock before commencing or engaging in such business, profession, occupation, avocation or calling, or other taxable vocation to procure a license from the City Manager or his designee for said City to pursue the same, and the failure, neglect or refusal to procure said license shall be an offense against the City of Lubbock, and that any person so offending, shall, upon conviction, be fined in the sum of Ten Dollars ($10.00), for each and every day such violation may have, or may thereafter be. (Amended 5/7/1988)

   Sec. 2.     Occupation taxes.

That there shall be levied and collected from every person, firm, company or association of persons in the City of Lubbock pursuing any of the occupations taxed by the State of Texas, an annual occupation tax, equal to one-half (1/2) of the occupation tax as levied by the State of Texas, until otherwise ordained, which shall be paid annually in advance.

   Sec. 3.     Manager to give receipt.

Upon payment of any occupation tax to the City Manager or his designee, he shall give a receipt therefor, which shall show the date of payment, the amount and by whom paid and the time and purpose for which the tax has been paid. Said receipt shall be countersigned by the Mayor, and the stubs thereof shall be preserved as hereinbefore provided. (Amended 5/7/1988)

   Sec. 4.     Occupation license to be posted, etc.; penalty.

It shall be the duty of every person, firm or association of persons, company or corporation doing business within the City of Lubbock, to have hung or posted in its office or place of business, in a conspicuous place the certificate of the collector of license as hereinbefore provided. Any person who shall fail to comply with the provisions of this section shall be fined in any sum not exceeding Ten Dollars ($10.00). (Amended 5/7/1988)

   Sec. 5.     Must post license conspicuously.

It shall be the duty of every person liable to occupation tax license, and pursuing his occupation at a fixed place, to keep his license conspicuously posted or exhibited at his place of business, and every person liable to license or occupation tax shall exhibit his or her license whenever he or she is called upon to do so by the City Manager or his designee, or his duly authorized agent or employee, the person having the Police Department under his jurisdiction, or to any special inspector duly appointed by the City authorities. Any person who fails or refuses to show his license or to exhibit same to the City Manager or his designee, or his duly authorized agent or employee, the person having the Police Department under his jurisdiction or to any member of the City Police Department or to any special inspector appointed by the City authorities, as prescribed in this section, shall be guilty of an offense and shall be arrested and fined not less than Ten Dollars for each time he so fails or refuses to post or exhibit the same as prescribed in this section. (Amended 5/7/1988)

   Sec. 6.     Duty of city manager and police department to enforce the provisions of this chapter.

It shall be the duty of the Police Department and the City Manager or his designee to see that the provisions of this Chapter [sic] relating to occupation taxes are strictly complied with, and forthwith to present to the Judge of [the] Municipal Court of Record any person violating the same. (Amended 5/7/1988)

   Sec. 7.     Prosecution dismissed upon payment of tax and costs.

Any person prosecuted for the nonpayment of occupation taxes under the provisions of this Article or any other ordinance [sic], may have said prosecution dismissed upon the payment of the tax due, together with the costs that may have accrued in the Municipal Court of Record against him. (Amended 5/7/1988)

   ARTICLE VII. [FINANCE GENERALLY*]
   Sec. 1.     Bond not required in suit of city.

It shall not be necessary in any action, suit or proceeding, [of] which the City shall be a party, for any bond, undertaking or security to be executed in behalf of the City. (Amended 5/7/1988)

   Sec. 2.     Finance and fiscal control by city.

The City shall have power to control and manage the finances of the City, and to provide for its fiscal years and fiscal arrangements as may be directed by the duly elected governing body. (Amended 1/7/1964; 5/7/1988)

   Sec. 3.     [Compliance of taxation and finance procedures.]

All procedures pertaining to taxation and finance shall be in accordance with provisions of the Texas Property Tax Code and other applicable State law, ordinances, resolutions and rules of the City Council. (Added 5/7/1988)

   ARTICLE VIII. [BONDS]
   Sec. 1.     Bonds; appropriation to retire; purpose of bonds.

The governing authority of the City shall have the power to appropriate so much of the general revenues 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 waterworks plants and systems and for the purpose of purchasing, erecting, maintaining and operating an electric light and power plant and such other public utilities 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 coupon bonds of the City therefor, in such sum or sums as may be deemed expedient. (Amended 5/7/1988)

   Sec. 2.     Statement of purpose in bonds; sale; use of proceeds.

All bonds shall specify for what purpose they are issued and shall be invalid if sold by the City for less than their par value, and when any bonds are issued by the City a fund shall be provided to pay the interest and create a sinking fund to redeem said bonds, which fund shall not be diverted or drawn upon for any other purpose, and the person acting as City Treasurer shall honor no drafts upon said fund except to pay interest upon or redeem the bonds for which it was provided.

   Sec. 3.     Bond maturities; approval; serial, etc.

Said bonds shall be issued for a period of time not to exceed forty (40) years; shall be signed by the Mayor, countersigned by the person acting in the capacity of City Secretary and both principal and interest shall be payable at such places and times as may be fixed by the ordinance of the governing authority. All such bonds shall be submitted to the Attorney General of the State for his approval, and the Comptroller for registration, as provided by State Law; provided, that any such bonds, after approved [sic], may be issued by the City either optional or serial, or otherwise, as may be deemed advisable by the governing authorities.

   Sec. 4.     Election required for issuance.

Before the issuance of any bonds the same shall be submitted to a vote of the qualified property tax paying voters of the City as required by the general laws of the State.

   Sec. 5.     Advertisement before sale of.

No bonds shall be sold until sale has first been advertised in a newspaper once each week for a period of thirty days. All sales shall be in open meeting of the Council. (Amended 12/10/1925)

   ARTICLE IX. [COUNCIL; ELECTIONS; ADMINISTRATION]
   Sec. 1.     Municipal government; governing body.

The Municipal Government of the City of Lubbock shall consist of the City Council, which shall be composed of a Mayor and six (6) Councilmembers. (Amended 5/7/1988)

   Sec. 2.     Term of office.

The Mayor shall serve for a term of two (2) years, and each Councilmember shall serve for a term of four (4) years, and until their successors are elected or qualified, unless sooner removed from office as herein provided. Initial terms for Councilmembers from Districts 1, 3 and 5 shall be two (2) years, commencing in 1984, and four (4) years thereafter. (Amended 12/10/1925; 11/7/1961; 5/7/1988)

   Sec. 3.     Vacancies.

Vacancies in the Council shall be filled by a special election for the remainder of the unexpired term, as provided by this Charter or by ordinance.

   Sec. 4.     Qualifications of mayor, councilmembers, officials and employees.

The Mayor and each Councilmember shall be a resident citizen of the City of Lubbock and have the qualifications of electors therein. The Mayor and all Councilmembers shall be bona fide residents within the City and within the applicable District at the time of filing for office and must continue to reside within the City and the applicable District during the term of office. The Mayor, Councilmen, and other officers and employees shall not be indebted to the City; shall not hold any public office of emolument and shall not be interested in the profits or emoluments of any contract, job, work or service for the municipality or interested in the sale to the City of any supplies, equipment, material or articles purchased; nor shall any member of the City Council or the Electric Utility Board have a substantial interest in any public utility operating within the City of Lubbock, nor be in the employ of any person having a substantial interest in any public utility operating within the City of Lubbock. Substantial interest shall mean substantial interest as defined by the laws of the State of Texas regulating conflicts of interest of officers of municipalities. Any officer or employee of the City who shall cease to possess any of the qualifications herein required shall forfeit his office or position, and any contract in which any officer or employee shall or may become interested may be declared void by the Council. No officer or employee of the City shall accept any frank, free ticket, passes, or service, or anything of value, directly or indirectly from any person, firm or corporation, upon terms more favorable than are granted to the public, and any violations of this section shall be a misdemeanor, and on conviction thereof, such office or employment shall be forfeited. (Amended 5/7/1988)

Free admission of uniformed police and firemen. The Council may require, however, by ordinance, all streetcar companies operating within the City limits to provide free transportation to policemen and firemen in uniform, or wearing a badge, and may require all proprietors of theatres, moving picture shows and other places of public amusement to admit without charge all policemen, in the employ of the City.

   Sec. 5.     Elections; designation of councilmembers.

The Councilmembers other than the Mayor shall be elected from geographical districts and shall be designated Councilmember, Districts 1 through 6, each of whom shall be elected to the office sought by a majority of the qualified voters of the appropriate District; and the City Council shall be the judge of the election and qualifications of its members. Councilmember Districts shall contain such City Voting Precincts as are assigned to such Districts by ordinance enacted by the City Council.

Candidates; official ballot; filing fee; petition. Each candidate for City elective office shall request in writing to have his or her name placed upon the official ballot, which request shall be filed along with the appropriate filing fee or a Petition for Candidacy in accordance with the State Election Code with the person exercising the duties of City Secretary at least forty-five (45) days before the upcoming election, unless another filing period is specified by the State Election Code. Candidates for Councilmember shall indicate upon their written request in which district they are seeking election. The filing fee shall be one hundred dollars ($100.00) for all positions or a petition for candidacy in lieu of a filing fee which shall be signed by not less than twenty-five (25) qualified voters in the applicable district or one-half of one percent of the total vote received in the district from which the office is elected by all candidates for mayor in the most recent mayoral election whichever is greater. The district of the Mayor and Municipal Judge, for the purpose of this section, shall be the City at large.

(Amended 11/7/1961; 5/7/1988)

   Sec. 6.     Election returns.

The Council shall, on the next regular meeting day of said Council, and in any event not earlier than the second or later than the sixth day after each regular and special election, canvass the returns and declare the result of each election. (Amended 5/7/1988)

   Sec. 6A.     [Filling vacancies; run-off elections.]

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 a majority of all the votes cast for such office at such election, the City Council shall, immediately upon declaring the official results of the election, issue a call for a run-off election for every place to which no one was elected. Such run-off election shall be held not earlier than the 20th day or later than the 30th day after the date of the canvass of election returns for the main election, except that following the regular municipal election in May the run-off election shall be held on the last Saturday in May, unless another day is stated in the order calling the run-off election, 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. The Council shall on the next regular meeting day of said Council and in any event not earlier than the second day or later than the sixth day after said run-off election canvass returns and declare the results of such election. (Added 1/7/1964; amended 5/7/1988)

   Sec. 7.     Election day.

The regular municipal election for the election of municipal officers of the City of Lubbock shall be held on the first Saturday of May of every even numbered year or in accordance with the applicable provisions of the State Election Code. (Amended 5/7/1988)

   Sec. 8.     Election; laws controlling general elections; when held special.

All elections provided for in this Charter except the regular election held in April of even numbered years, shall be called “Special Elections,” and all 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 said General Election Laws shall control in all municipal elections, except as otherwise herein provided and as provided by Article 978a, V.A.T.S. (Amended 1/24/1967)

   Sec. 9.     Council constituted legislative and governing body of 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.

   Sec. 10.     Further duties of Council.

The City Council shall appoint the City Secretary, the City Treasurer, and the City Attorney, upon recommendation of the City Manager and may remove either of said officers upon the recommendation of the City Manager or at will. (Amended 5/7/1988)

   Sec. 11.     Duties of the Mayor.

The Mayor of the City shall be the presiding officer of the Council. He shall vote as a member of the Council on all matters coming before the body; sign all bonds, warrants and other official documents; be the official head of the City; and exercise all powers and perform all duties imposed upon him by this Charter and by the ordinances of the City, and resolutions of the Council.

Emergency powers of Mayor. Whenever the Mayor shall deem it necessary, in order to enforce the laws of the State or of the City, or to avert danger, or protect life or property in case of riot or any outbreak or calamity or public disturbance, or when he has reason to fear any serious violation of law or order or any other danger to the City or its inhabitants, he shall summon into service, as a general police force, all or as many of the citizens of the City as in his judgment and discretion may be necessary and proper, and such summons may be by proclamation or order addressed to the citizens generally, or those of any section or subdivision of the City, such summons may be by personal notice, citation or publication in a City paper; such police force, while in service, shall be subject to the orders of the Mayor, shall perform such duties as he may require, and shall have the same power while on duty as the regular police force of the City, and any person so summoned and failing to obey, or appearing and failing to perform any duty that may be required by this article, shall be fined by the Mayor in any sum not exceeding One Hundred Dollars ($100.00).

Contempt powers of Mayor. The Mayor shall have power to punish for contempt of the Council any member thereof or other person present by fine not to exceed One Hundred Dollars ($100.00), and may enforce such fine in the same manner provided by law for the enforcing of fines by the County Courts of this State.

   Sec. 12.     Mayor pro tempore.

The members of the City Council shall elect a Mayor pro tempore from among its members and such election shall be held at the first regular meeting of the City Council after newly elected members have qualified and taken their seats on the City Council following a regular municipal election. In the absence or disqualification of the Mayor and the Mayor pro tempore, then the position of Mayor pro tempore shall be occupied by the Councilmember having the most seniority in service on the City Council. (Amended 5/7/1988)

   Sec. 13.     Meetings of Council.

Within five days after such election, the Mayor and Councilmen elected thereat shall each take the oath of office and qualify as such, and shall hold their respective offices until their successors are elected and qualified unless sooner removed from office under the provisions of this Charter.

Meetings; when; where. Thereafter, the Council shall meet at such time as may be prescribed by ordinance or resolution, but they shall meet at least twice each month.

Called special meetings; time; order of business. The Mayor, Mayor Pro Tem, or any two of the Councilmen in the absence of the Mayor and Mayor Pro Tem, or in the event of their refusal after request is made, may call special meetings of the Council at any time deemed advisable. The Council shall determine its own rules and order of business and shall keep a journal of its proceedings in a permanently bound book and any citizen shall have access to the minutes and records thereof at all reasonable times.

   Sec. 14.     Compensation and attendance.

The compensation of the Mayor shall not exceed $900.00 (Nine Hundred) per annum and the compensation of each Councilman shall not exceed $300.00 (Three Hundred) per annum, payable in monthly installments; provided however, that the Mayor and any Councilman shall forfeit not exceeding $10.00 per meeting of his 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 12/10/1925)

   Sec. 15.     Legislative procedure; quorum; voting; excused from voting.

Any four (4) Councilmembers shall constitute a quorum for the transaction of any business, and the affirmative vote of any four (4) Councilmembers shall be sufficient and necessary to adopt or repeal any ordinance or resolution. The vote upon passage or repeal of any ordinance or resolution shall be taken by “Yea” and “Nay” vote, and entered upon the journal. All members of the Council shall vote upon every question, ordinance or resolution, provided that not more than one (1) Councilmember may be excused from voting by a vote of the other six (6) members, which shall be entered upon the journal. Any Councilmember refusing to vote unless so excused shall be entered on the journal as voting in the affirmative. (Amended 5/7/1988)

Mayor to sign; secretary to attest; ordinances, etc. Every ordinance or resolution passed by the Council shall be signed by the Mayor, and attested by the person acting as City Secretary, and the seal of the City impressed thereon within two days after its passage.

   Sec. 16.     Ordinance enactment; readings required; subject of.

Each proposed ordinance or resolution shall be introduced in written or printed form, 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 monies 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.

   Sec. 17.     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 the usual daily operation of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money not exceeding $2,000.00 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 11/7/1961)

   Sec. 18.     Publication of ordinances.

All ordinances carrying a penalty shall be published once a week for two consecutive weeks in some newspaper regularly published in the City of Lubbock, and no such ordinance shall become effective until ten (10) days after the date of its last publication, provided that emergency measures shall take effect according to their terms.

   Sec. 19.     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 or presiding member of the Council, and the person exercising the duties of City Secretary.

   Sec. 20.     Investigations by Council.

The Council may investigate the financial transactions of any officer or department of the City government and the acts and conduct of any official or employee. In conducting such investigation, the Council may compel the attendance of witnesses, the production of books and papers, and other evidence, and for that purpose may issue subpoenas or attachments on which shall be signed by the Mayor–if the Mayor should be under investigation, then by the Mayor Pro Tem–or in the absence of both the Mayor and Mayor Pro Tem, then by the Councilman next in order according to his numerical standing, and which may be executed and served by any officer authorized by law to serve subpoenas or other process, or any peace officer of the City. If any witness shall refuse to appear or to testify to any facts within his knowledge, or to produce any papers or books in his possession or under his control, relating to the matter under investigation before the Council, the Council shall have the power to cause the witness to be punished as for contempt, not to exceed a fine of One Hundred Dollars ($100.00) and three days confinement in the City prison. No witness shall be excused from testifying, touching his knowledge of the matter under investigation in any such inquiry, but such testimony shall not be used against him in any criminal prosecution except for perjury committed upon such inquiry.

   Sec. 21.     Contracts for services.

No contract shall ever be made which binds the City to pay for personal services to be rendered for any stated period of time, but all officers and employees of the City, other than the Mayor and Councilmen, shall be appointed and shall be subject to peremptory discharge as in this Charter provided.

   Sec. 22.     Creation and consolidation of departments.

The City Council shall create and consolidate such appointive offices as [and] may divide the administration of the City affairs into such departments, as it may deem advisable, and may discontinue any such appointive officers or departments at its discretion, except the office of City Manager. (Amended 11/7/1961)

   Sec. 23.     Salaries, officers and employees.

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, provided however, that when any payroll of the City of Lubbock has been certified by the City Auditor to be correct and approved by the City Manager and moneys necessary to pay such payrolls have been transferred to the PAYROLL ACCOUNT by check or warrant signed by the Mayor and attested by the City Secretary, then such funds shall be disbursed according to such approved payrolls by checks signed by the Mayor or Mayor Pro Tem or City Manager and countersigned by the City Treasurer. (Amended 4/6/1948)

   Sec. 24.     Claims; payment; city manager approval; time warrants; limitation.

No warrant, voucher or check for the payment of any claim shall be issued by the City, unless such claim shall be evidenced by an itemized account, filed with the City Secretary, approved by the City Manager, and sworn to if required by such City Manager or the City Council. No time warrants shall be allowed or issued by the Council in excess of the amount now or which may hereafter be permitted by law governing and pertaining to issuance of time warrants by Municipal Corporations; and further provided, that all warrants shall be signed by the Mayor and countersigned by the City Secretary. (Amended 4/1/1930; 1/7/1964)

   Sec. 25.     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 detailed 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.

   Sec. 26.     Audit and examination.

The City Council shall cause an audit of the books, records and accounts, as well as all transactions pertaining to the administration of the affairs of the City, at least once each year, embracing each fiscal year, by a competent certified public accountant. The duty of the public accountant shall include the certification of all statements required in Section 25 of this article; such statements shall include a general balance sheet; and statements, showing income and expenditures, also comparisons, in proper classifications, with the last previous audit; such balance sheet and statements shall be published in some newspaper regularly published in the City of Lubbock at the time within 10 days after the completion and acceptance of the audit at least once each year. (Amended 4/1/1930)

   Sec. 27.     Contracts; bids for; limitations.

All contracts for public printing, improvements and public works of every kind and character, and the purchase of supplies for use in any department of the City, exceeding an expenditure of the minimum dollar amount requiring competitive bids by State law shall be let on sealed competitive bids, all other contracts of similar kind and character for less than the minimum dollar amount requiring competitive bids by State law shall be let on such terms and conditions as may be established by the City Council of the City of Lubbock. (Amended 11/7/1961; 5/7/1988)

   Sec. 28.     Nepotism; mayor; councilmen.

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

   Sec. 29.     Official bonds.

The Mayor shall give an official bond in the sum of Five Thousand Dollars ($5,000.00) and each councilman shall give an official bond in the sum of Twenty-Five Hundred Dollars ($2,500.00) and the person exercising the duties of City Secretary and City Manager, shall give official bonds in any sum, not less than Twenty-Five Thousand Dollars ($25,000.00), as the City Council from time to time shall prescribe. All bonds referred to in this Charter shall, in each instance, be conditioned for the faithful discharge of the duties of such officer or employee for the faithful accounting of all moneys and things of value coming into the hands of such officer or employee. All such bonds shall be procured from some regularly accredited surety company authorized to do business under the laws of the State of Texas, the premium therefor shall be paid by the City of Lubbock provided that the Council may require an official bond from any other appointive officer or employee of the City in such amount and condition as they deem best for the efficiency of public service. All official bonds shall be approved by the Council, and filed and recorded with the person exercising the duties of City Secretary. (Amended 12/1/1919; 11/7/1961; 5/7/1988)

Editor's note–Former section 29, which pertained to hours of labor upon public works, was repealed on 5/7/1988, and sections 30 and 31 were renumbered as sections 29 and 30, respectively.

   Sec. 30.     Oath of office; officials.

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. (Amended 5/7/1988)

   ARTICLE X. [CITY MANAGER]*
   Sec. 1.     City manager; qualifications.

The City Manager shall be employed by the governing body. He shall be selected solely on the basis of his executive and administrative qualifications with special reference to his actual experience in or his knowledge of accepted practice with respect to the duties of his office. At the time of his appointment he need not be a resident of the City or State, but during his tenure of office he shall reside within the City. No member of the governing body shall, during the time for which he is elected or for two years thereafter, be chosen as City Manager.

   Sec. 2.     Compensation.

The City Manager's salary shall be fixed by the governing body of the City.

   Sec. 3.     Term of office.

The City Manager shall be appointed for an indefinite term and may be removed at any time by a majority vote of the members of the City's governing body.

   Sec. 4.     Powers and duties.

The City Manager shall be the chief administrative officer of the City Government. He shall be responsible to the governing body for the proper administration of all affairs of the City placed under his control by this Charter or by ordinance or resolution of the governing body and to that end he shall:

(a)     Except for the City Secretary-Treasurer, City Attorney and Municipal Court of Record Judge, and Tax Assessor-Collector, appoint and remove any officer or employee of the City except as otherwise provided by this Charter;

(b)     Prepare a budget annually, submit it to the governing body for approval, and be responsible for its administration following adoption;

(c)     Keep the governing body advised of the financial condition, administrative activities and future needs of the City, and make such recommendations as may seem desirable;

(d)     Attend all meetings of the governing body with the right to take part in the discussion but having no vote;

(e)     See that all laws and ordinances are enforced;

(f)     Perform such other duties as may be prescribed by this Charter or required of him by the governing body, not inconsistent with the provisions of this Charter.

(Amended 5/7/1988)

   Sec. 5.     Absence of city manager.

During the temporary absence or disability of the City Manager, he shall by letter filed with the City Secretary appoint a qualified administrative officer of the City to perform his duties during such absence or disability. In the event of the incapacity or failure of the City Manager to make such appointment, it may be made by the governing body. During any vacancy in the office of City Manager, the governing body shall designate by letter filed with the City Secretary a qualified administrative officer of the City to serve as Acting City Manager during the existence of such vacancy.

   Sec. 6.     Governing body's relations with city manager.

The governing body and each of its members shall hold the City Manager responsible for the proper administration of all affairs of the City, but neither the governing body nor any board or commission created by it, nor any members thereof, shall dictate the appointment of any person to or his removal from office or employment within the City, or in any manner interfere in the appointment of officers and employees in the departments of the administrative service vested in the City Manager by this Charter. Except for the purpose of inquiry, the governing body and its members shall deal with the administrative service solely through the City Manager, and neither the governing body nor any member thereof shall give orders to any subordinate of the City Manager either publicly or privately.

   Sec. 7.     Nepotism; city manager.

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.

   ARTICLE XI. [LEGAL STATUS]
   Sec. 1.     Construction; home rule provision.

All powers vested in cities of exceeding One Thousand (1,000) population by the provisions of Title 22, or other provisions of the Revised Statutes are hereby retained and are cumulative of the powers vested by this Charter in the City of Lubbock, and the enumeration of the powers made in this Charter shall never be construed to preclude by implication or otherwise, the City from exercising all the powers incident to the enjoyment of local self-government and from doing any and all things not inhibited by the Constitution and laws of the State of Texas.

   Sec. 2.     Ratification of ordinances.

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

   Sec. 3.     Amendments to Charter.

This Charter, after adoption, may be amended in accordance with provisions of an Act of the Thirty-third Legislature of the State of Texas, entitled, “An Act Authorizing Cities Having More Than 5000 Inhabitants, by a Majority Vote of the Qualified Voters of Said City, at an Election Held for That Purpose, to Adopt and Amend Their Charter, etc.” approved April 7th, 1913, and any acts amendatory thereof.

Editor's note–The Act referred to in section 3, above, was codified in V.T.C.S. art. 1165 et seq. In 1987, the statutes pertaining to adoption or amendment of the charter by a home-rule municipality were codified in V.T.C.A., Local Government Code, chapter 9.

   Sec. 4.     Savings clause.

Should any provision or portion of this Charter be declared unconstitutional by the Courts of this State, the remainder thereof shall be unimpaired by such holding and shall be in full force and effect until amended or repealed, as herein provided.

   Sec. 5.     Past elections.

If this Charter shall fail of adoption at which the Charter is submitted as herein provided, this shall be regarded as a rejection of the Charter; or if a majority of the votes cast at such election are in favor of the Charter it will then be the duty of the qualified electors of the City of Lubbock to vote for and elect a Mayor, Councilman No. 1, Councilman No. 2, Councilman No. 3, and Councilman No. 4, as provided for by this Charter, at the regular municipal election to be held in the City of Lubbock on the first Tuesday of April, 1918, and on said day every two years thereafter.

   Sec. 6.     Designation of governing body.

Upon their qualification, such Mayor and Council shall be and constitute the governing body and authority of the City of Lubbock and shall thereafter administer its affairs agreeable to the provisions of this Charter, provided, that the present officers at the regular municipal election held on the first Tuesday in April, 1917, may, if they so desire, hold and retain their respective offices and enjoy the emoluments thereof as now provided, until the expiration of said terms of office in April, A.D. 1919, subject, however, to all of the provisions of this Charter and all ordinances and resolutions hereafter passed and adopted under its provisions.

   ARTICLE XII. [ELECTRIC UTILITY BOARD]
   Sec. 1.     [Composition; organization; powers and duties.]

The City of Lubbock's electric utility shall be governed, managed and operated by a board composed of nine members appointed by the City Council who shall be citizens and eligible voters of the City of Lubbock. Said board members shall serve terms of two (2) years, except that five members shall have initial terms of one (1) year as determined by the drawing of lots. The Board shall appoint a director of electric utilities and a general counsel for electric utilities, who shall serve at the pleasure of the Board. The director shall appoint all employees of the electric utilities except those employees serving exclusively under the general counsel's direction and authority. The Board shall determine the transfer and disbursement of all net revenues of the City's electric utility. The City Council shall retain the right to establish rates, exercise the power of eminent domain on behalf of the electric utility, issue obligations in the name of the electric utility, and approve the budget of the electric utility. Other duties and responsibilities of the board shall be as specified by the City Council in an appropriate ordinance adopted for such purpose to be effective no later than January 1, 2005. (Amended 11/2/2004)

   CHAPTER TWO [CHARTER ELECTION; RECORD]
   ARTICLE I. [GENERAL]
   Sec. 1.     Vote on proposed Charter; Charter committee instructions.

This Charter shall be submitted to the qualified voters of the City of Lubbock for adoption or rejection on the 27th day of December, 1917.

   Sec. 2.     Form of ballot; 1917 election.

It is hereby prescribed that the form of ballot for use in such election shall be as follows, to wit: FOR THE ADOPTION OF THE CHARTER: AGAINST THE ADOPTION OF THE CHARTER.

   Sec. 3.     Election; 1917.

The present City Council shall call such election, and same shall be conducted, and the returns made and result declared as provided by the laws of the State of Texas governing municipal elections, and in case a majority of the votes cast at such election shall be in favor of the Charter, then an official order shall be entered upon the records of said City by the City Council of Lubbock, declaring the same adopted, in case said Charter shall receive a majority in favor of the adoption thereof at such election.

   Sec. 4.     Record of Charter.

The City Secretary shall record, at length, upon the records of the City, in a separate permanently bound book to be kept in his office for such purpose, this Charter if adopted at such election, and such Secretary shall furnish to the Mayor a copy of such Charter as adopted, authenticated by his signature and the seal of the City, which copy of the Charter shall be forwarded by the Mayor of the City of Lubbock to the Secretary of State, and shall show the approval of such Charter by a majority vote of the qualified voters of the City of Lubbock.

By Charter Commission, duly elected:

Geo. C. Wolffarth, Chairman

 

Roscoe Wilson

W. S. Posey

Percy Spencer

J. O. Jones

H. A. Davidson

Jas. L. Dow

W. F. Schenck

J. D. Lindley

R. K. Henderson

E. B. Green

C. E. Parks

E. L. Klett

J. H. Moore

M. T. Jacobs, Acting Secretary

   CHAPTER THREE [RESERVED]

Editor's note–Ordinance 9510, adopted 3/12/1992, stated in the preamble that, pursuant to an election held on 1/18/1992, the Charter has been amended to delete all references to the board of city development and its duties. Prior to amendment, this chapter, which pertained to the board of city development, contained sections 1 through 4 and had been amended 12/10/1925.