HomeMy WebLinkAboutORD 2010-39 - 2003 City Charter CorrectionsWHEREAS, on May 6, 2003, the City Council of the City of Georgetown canvassed the
May 3, 2003 Election as detailed in Resolution No. 050603-B attached as Exhibit "A;" and
WHEREAS, on May 61 2003, the City Council approved an Order regarding the Charter
Amendments as approved by the voters at the May 3, 2003 election attached as Exhibit "B";
and
WHEREAS, the City Council deems it is in the public interest of the City to authorize the
City Attorney to update the submission to the Justice Department and for the City Manager to
file this Ordinance with the Secretary of State; and
WHEREAS, the ballot that was submitted to the voters is attached as Exhibit "C;" and
WHEREAS, the ballot contained abbreviated proposed changes to the city charter; and
WHEREAS, the ballot propositions 1 to 13 were approved by the following votes as
detailed in Exhibit "A":
WHEREAS, the full propositions (full changes to the City Charter) were to be as denoted
in Exhibit "D"; and
WHEREAS, the City Council deems it in the public interest to clarify, confirm, adopt, and
enter a supplement to the Order adopting the amendments with the full propositions that were
approved by the voters and that were made to the City Charter pursuant to the May 2003
Election, and
WHEREAS,
the
City
Charter that
is being presently being published by the City Council on
the City's internet
site
has
incorporated
the 2003 changes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS:
SECTION 1. That the facts and opinions in the preamble are true and correct.
SECTION 2. That Propositions 1 through 13 were approved by the voters on May 31
2003.
SECTION 3. That the amendments to the Charter with the full language of the
propositions are considered to have been approved and adopted at the May 3, 2003 election
with the additions and strikes to the applicable Charter provisions as noted in Exhibit "D," and
with the final language as denoted in Exhibit "E."
SECTION 4. That the full propositions as delineated in Exhibit "E" are herein adopted
and approved, and the Mayor is herein authorized to sign the supplemental Order that is also
attached as Exhibit "E."
SECTION 5. That the Charter with the updated amendments is as delineated in
Exhibit "F".
SECTION 6. That the City Attorney shall update the submission to the Justice
Department.
SECTION 7.
That the
City
Manager
shall send an authenticated copy of this Ordinance
and the supplemental
Order to
the
Secretary
of State.
SECTION 8. That the Mayor is authorized to sign this Ordinance and the City
Secretary to attest.
ATTEST:
ica Brettle,'Clty Secretary
Mark Sokoiow, City Attorney
THE CITY OF GEORGETOWN
12
024'=
I*:x:11.3 ff=1
WHEREAS, the City Council of the City of Georgetown, Texas ordered an election to be held on Saturday, May
33 2003, for the purpose of the following:
To elect Councilmembers from City of Georgetown Single -Member Districts i and S, and to
consider amendments to the City of Georgetown Charter; and
WHEREAS, the City Council has investigated all matters pertaining to said election, including the ordering,
giving notice, holding and making returns of said election, and
AREAS, the election officers who held said election have prepared the returns of the results thereof, and the
returns have been delivered to the City Council; and
WHEREAS, it appears from the returns, duly and legally made, that the following votes were cast:
Patty Eason
M
COUNCU I1�ER DISTRICT 5
John Kirby 334
Howard Fomby 191
Doug Cota 154
PROPOSITION 1, Shall Section 1.09 of the City Charter, pertaining to the Comprehensive Plan, be amended
to add an element for public safety?
FOR 1400
AGAINST 417
PROPOSITION 2. Shall Section 2.16 of the City Charter, pertaining to Establishment of Personnel Policy, be
amended to provide that city employees shall be "at will" employees?
FOR 1100
AGAINST 647
2003 General/Special Election Resolution No. °
Page 1 of 4 Pages
PROPOSITION
3.
Shall Section 4.07
of the
City Charter, pertaining to Power ofRecall, be amended to provide
that the citizens
shall
have the power to
recall
a city official on the grounds of incompetence, misconduct, or
malfeasance in office?
FOR 1490
AGAINST 412
PROPOSITION 4. Shall Section 4.07 of the City Charter, pertaining to Power of Recall, be amended to provide
that a recall petition must be signed by 15% of the registered voters in the City (in. the case of the Mayor), and by 15%
of the registered voters in a council district (in the case of a particular council member), and to provide that all
registered voters may vote in a recall election involving the Mayor, and that all registered voters in a council district
be allowed to vote in a recall election involving that particular council member?
FOR 1339 AGAINST 519
PROPOSITION 5.
Shall Section
4.08 of the City
Charter, pertaining to Recall Election, be amended to state
that a recall petition
must specifically
and distinctly set forth the factual basis and circumstances upon which the
petition for removal
is based to give the official notice
of all matters and things forming the basis of the petition?
FOR 1319
AGAINST 538
PROPOSITION 6. Shall Section 5.06 of the City Charter, pertaining to the City Attorney, be amended to
provide that the hiring of all Assistant City Attorneys be approved by the City Council, and that the City Attorney
and any Assistant Attorneys serve at the will of the Council?
FOR 1220
AGAINST 597
PROPOSITION 7. Shah Sections 6.09 and 6.10 of the City Charter, pertaining to Revenue Bonds and Sale of
Bonds, be amended to include the term "obligations" and thereby to also apply to the issuance of Certificates of
Obligation?
FOR 1273 AGAINST 427
PROPOSITION
8,
Shall Section
6.10 of the City Charter,
pertaining to Sale of Bonds, be amended to provide
that the City could
sell bonds at par or
a price that achieves the
overall lowest interest rate for the City?
FOR 1522 AGAINST 267
PROPOSITION 9. Shall Section 6.11 of the City Charter, pertaining to Purchasing Power, be amended to
provide that the City Manager has the authority to contract for expenditures without farther approval of Council for
all budgeted items that do not exceed the dollar limitations set forth in State Law pertaining to competitive bidding?
FOR 1072 AGAINST 739
PROPOSITION 10. Shall Section 9.01 of the City Charter, pertaining to Nepotism, be amended to provide that
the prohibition against nepotism does not apply to a person employed by the City at least one year prior to the election
or appointment of a related city official, and that it does not apply to any unpaid members of City boards, committees,
or commissions?
2003 General/Special Election Resolution No, 49
Page 2 of4 Pages
FOR 1052
AGAINST 718
PROPOSITION
PROPOSITION
and determines that the election was
duly called; that proper notice of the
11,
13.
Shall Sections 2.09, 2.13, and
9.19
of the City Charter
be amended to include provisions
consistent
with current state law as follows:
a.
related to operations
of the City and functioning of the
City
Council in the case
of an emergency or disaster?
FOR 1539 AGAINST 252
PROPOSI'T'ION 12. Shall a new section of the Charter be added authorizing the City Council, by ordinance, to
make nonsubstantive amendments to the Charter only for the purpose of correcting grammatical errors, enhancing
readability, updating legal citations, and clarifying existing provisions to aid in public understanding?
FOR 1413 AGAINST 392
FOR 1524
AGAINST 262
SECTION I.
The City
PROPOSITION
and determines that the election was
duly called; that proper notice of the
election was given in accordance
13.
Shall the following sections of the City Charter be updated and amended to be made
consistent
with current state law as follows:
a.
Section 1.06,
to allow annexation by election in compliance with state law;
b.
Section 2.03,
to require vacancies on the City Council to be filled in accordance with state law;
C,
Section 2.07,
to exclude references to state controlled roads if required by state law;
d.
Section 2.09 to require minutes of meetings to be taken in the form and manner required by the Texas Open
Meetings Act;
e.
Section 3.01,
to require the general elections to be held on the uniform election dates prescribed by state law;
f.
Section 3.04,
to require candidates for City office to file in accordance with state law;
g.
Section 4.03,
to add a requirement that petitions for initiative or referendum must conform to state law,
h.
Section 4,04, to require petitions for initiative or referendum to be filed, examined, and certified in
accordance with state law;
i.
Sections 4.07 and 4.08, to delete the reference to initiative petitions, and to add a requirement that a recall
petition must
be signed and verified in accordance with the requirements of state law;
j.
Section 4.09,
to require that vacancies resulting after a successful recall election be filled in the manner
provided for by state law;
k.
Section 4.12,
to require compliance with state law in the event that a recall election is not called upon receipt
of a proper recall petition;
L
Section 5.08,
to provide that a Judge of Municipal Court may be removed in accordance with state law;
m.
Section 6.0 1,
to require open public meetings on the budget prior to adoption in conformance with state law;
n.
Section 6.12,
to require disinterested City auditors in accordance with state law;
o.
Section 7.0 1,
to require taxation to be in accordance with state law;
P,
Section 8.05,
to refer to state law on the regulation of rates charged by public utility franchise holders;
q.
Section 9.02,
to be consistent with the requirements of state law regarding availability of records;
r.
Section 9.07,
to refer to the oath of office as required by state law.
FOR 1524
AGAINST 262
SECTION I.
The City
Council officially finds
and determines that the election was
duly called; that proper notice of the
election was given in accordance
with law; that the election was held
in accordance with law; that returns of the
2003 General/Special Election Resolution No. o5o(poa.13
Page 3 of Pages
results of the election have been made and delivered, and that the City Council has canvassed the returns, all in
accordance with the law and the resolution calling the election.
SECTION I1.
WHEREAS, it appears from said returns, duly and legally made, that the voters have made the following
decisions:
Patty Eason shall be the Councilmember for District 1,
No one candidate received the majority of the votes for Councilmember for District 5, but there shall be no
Runoff Election on Saturday, May 31, 2003, because on May 5, 2003, Howard Fomby has conceded the
election to John Kirby and has filed a Certificate of Withdrawal with the City Secretary in accordance with
Sections 145.092 and 145.095 of the Texas Election Code.
Therefore, John Kirby shall be the Councilmember for District 5.
The following Charter Amendment Propositions were approved by the voters and shall be codified into the
City of Georgetown Charter.
Propositions Number: 1 through 13
SECTION III.
It is farther found and determined that in accordance with the order of this governing body, the City Secretary
posted written notice of the date, place and subject of this meeting on the bulletin board located outside of
City Hall, a place convenient and readily accessible to the general public, and said notice was posted and
remained posted continuously for at least 72 hours preceding the scheduled time of the meeting. A copy of
the posting shall be attached to the minutes of this meeting and shall be made a part thereof for all intents and
purposes.
PASSED, AND APPROVED, on this 6th day of May, 2003,
araay vi
ATTES
Sandra D. Lee
City Secretary
2003 General/Special ElectionResolubonNo.
Page 4 of 4 Pages
APPROVED A�S1}T�O7 FORM:
Patricia E. Carls
City Attorney
MmIlill
'is
• '71 ,7 ' i ' i 18 'i i •
WHEREAS, on
May 3, 2003, a
special election was held in conjunction with the general election to
consider thirteen
(13) Propositions
amending the Georgetown
City Charter; and
WHEREAS, by Resolution No. {}50603-B dated May 6, 2003, the election returns were canvassed and
the results showed that all of the Charter Amendments, identified as Propositions 1 through 13 passed by
a favorable vote of the majority of the voters; and
WHEREAS, the Local Government Code Section 4.005(b) states that a charter amendment becomes
effective when the City Council enters an order in the records of the municipality declaring that the
Charter amendments are adopted.
NOW THEREFORE, it is ordered by the City Council of the City of Georgetown, Texas that:
Section 1: The following Charter Amendments, identified on the May 3 Ballot as Propositions 1 through
13, having been approved by the electorate, are hereby adopted and made effective and will be codified
in the City of Georgetown Charter:
Proposition Numbers: 1 through 13
Section 2: The Mayor of the City of Georgetown is authorized to execute and the City Secretary is
authorized to attest to this Order on behalf of the City Council; and the City Secretary is further
authorized to do all other things legal and necessary in connection with the Charter Amendments.
Section 3: This Order shall be and is hereby declared to be cumulative of all other actions of the
City of Georgetown, and this Order shall not operate to repeal or affect any of such other Resolution,
except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this
Order, in which event such conflicting provisions, if any in such other actions are hereby superseded. If
any provision of this Order or application thereof to any person or circumstance, shall be held invalid, such
invalidity shall not affect the other provisions, or application thereof, of this Order which can be given effect
without the invalid provision or application, and to this end the provisions of this Order are hereby declared
to be severable.
Section 4: This Order shall be effective immediately upon its approval.
Ordered this 6 h day of May, 2003.
Y OF GEORGETOWN: Attest
Nelon, Mayor Sandra D. Lee, City Secretary
d as
Patricia E. Carls, City Attorney
Order for Charter Amendment Election May 3, 2003
Page 1 of 1
f::4:
OFFICIAL BALLOT JOINT GENERAL ELECTION
(BOLETA OFIC(AL) (ELECCIONCONJUNTA GENERAL)
COUNTY, TEXAS MAY 3,20M
tub I XUL; fIVN Flu t t o,
Darken In ilia oval provided to the left of
the statement indicating Ilia Bray you
desire to vote. Use only Ilia market
provided.
(Nara DEINSTRUCCION:
Llano camplalamarge al aspacia avalada a
to laquiarda de la {rasa qua indica la
manara on qua qur`ara volar, Salanlanle
use a)maxodarpmttlo,)
CITY OF GtORGETOWN
CHARTER AMENDMENTS
(CIUDAD DE GEORGETOWN
rAIMI ENDAS A I A rARfA)
PROPOSITION NO,1
(PROPOSICION NUM. 11
shelf section toofthe CIL y Ch artar,palainEngto
the Co honsivo P]an oil, to edd an
element arpa4Rcsafetp7
14Oc6ord k Sr eck it 1X do to Carta do k CAAA
nsradavda al pkn Cmrgsarana.styrmurxtadt pure
vyVar un akntrnia para k sgqu hfadpdLfca?)
c:D For (A Favor)
C= Agairist (Err Cantm)
PROPOSITION N0.2
(PR0P0S1C101V1VUA4 2)
that city employees shalt he "at will"
t la swiv, Z 1B da k Cn&7 da k Ciudad
ida at Esta@ladmlanta do 1,7 Politica do
t sar onmandada para prowarggua las
as do 1a dudad serdn amploados• tie
r --- ) For (A Favor)
= Against (En Cardial
PROPOSITION NO.3
(PROPOSICION NUM. 3)
Slsal[Scrilost4.U7atihoCftyyClWar,portandrt. to
Power of Recall, be wizindod to provide that Lira
on the grounds ofincdmpatance mdseoadact,or
malleavitce In aRical
fjDdr sd 145rrcan 4.07 de k Cana do k Cladad
mutiva de harp q r1anda, do mala rmatucla, a
ittcarrccdda ode gm; an muga))
C3 For (A Favor)
o Against (En Canlral
(a do inaya do 2003)
PROPOSITION NO.5
(PROPOSICIDNNUM, 5)
shall 5cctlan4dta of the City diratcr, Pertaining to
RecnaEfccilam bentnerutedtoslate that arecall
petitims nant zppedacaay and dhenctly sei 1411311
Site tactual basis and dreumstamees opanwldch
thepatitfon for turnover Is based to give Lim ol9cfal
notice of all matters and thinms Imanhic the basis
[in
y cosas qua taxman to base do la
t� ror(Aravnrl
Q Against (En Contra)
PROPOSITION NO, 6'
(PROPOSICIONNUR L)
siuii section smut amCRY Charter, pertaining to
the City Attotncpp; he amended to provide that die
hhfng of all AsslsWm City Atlarnays be appmvcd
by dm City CaarwA and prat the Coy Attorney and
any Assistant Attorneys same at the Vitt; of the
Countilt
ItDoino Gs Sccddn 5,06 do la Carta ria k Ciudld,
retadmwdaalAbovatktCIO kCddad scramiandada
amAp�rovverrquo or amploo do radar Ins Abegadas
g
A74res do la Cddadsea aprobado pard Concc)a
bturdcipal yyqucdAbogadadokChdadycaa/gtatr
Ahagado LIXINosavan an 14 vohauad dot Conoid)
t� Far {AFavar)
r --i Against (En Contra)
PROPOSITION NO.7
(PROPOSICION NUM• 71
= For (A Favor)
t) Against (En Control
PROPOSITION NO. d PROPOSITION NO. s
(PROPDSICIQN NUM. 4) (PROPOSICION NUTA D)
shall sacAott4.0iatftCRY Clutter,parfafntngta 5hae5auloni.7oofthaCity Cinnerpertahnn to
I, be amended Io provide "tat a
most he signed by IS% of the
is in ilia City(n lite caso of the
7513 of Sha to stored voters in a
!in the ease of a oartkotarcoancil
0 Hole In a Mean Mellon uIvi
tmttncil mamber7
la Secddn 4,07 do k Carla do
do un nderabr a do cancilo on particdar), Y Fara
pravrrr qua lodas his volanlas rra)W adas puadan
vakr Sur una rlarddn do derPutcdin qua Imptfca at
arca/da,y qua so parmlia a ludas dos valantas
rrgfstmdas an ter daritto conceal velar an una
aracddn do dastdwZn qua dopka a asernk ndao da
coacejo et padictdar7)
Far (A Favor)
p Agdhst(EnCaatml
c) For (A Favor)
c -n Agafmt (En Camra)
13 I-OgF Wit.1.tAMSON COUNTY, TLX 15520 v047
PROPOSITION NO, a PROPUSI)JUNNtf, is LSecthw4.09,ragttarifgttovirma sgvarestdkn
(PROPOSICIONMAL9) 1PROPOSiCIONNUK11) dertueunatdcetdodrnfdedrsstt9uuddnnaculada
Shall Section 6.11 Omit city charter,pettalnbcgtR Shall the following Sections of the city Charter be =w domanamcoma proVddopar Wleydd
ptachasbrgpaiw.treamcndedlatrravkfelhatUse updatedandamended tohemadaconsistent Vadt �heir4,I rcquarkctnlmmldadronlay del
City Manager has ft authority to rardrut [ar currant state taw as follows: asialoCO owgwimder6Mdo, dast rnaSoa
expendliuras waif scut full approve! of Council
lot all budgeted Rems that do not Exceed fle Ulu C. Seellon ttlk 10 allow atmcxation by Election in cmwaCada at rarlhk two pander apmpLada da
Urnhatfons set faith to State Caw pertaining to compliance with state law; dd+sslAu Mpg provrerqaa unluat dola Corte
oampatlifvebkidtng7 b. 03
Section 2, to require
vacancies on the City �puedasarr ol6 da acurrdacan kydeI
to he Riled In accordance with lbit Iowa
(ylleaafdiaSacclin6.11dola rruncndidi ai los ZagidrequkEmrnutesofmadhigstoho
rcbadonedsatPaderAiAlul itha4 !h LSecddrlanzimlirnrrauntoncspdtr6casahitKtas
prewar goo at Drargada do la Cludid nrna to taken in the farm and mamer requkcd by Iiia smile d resrrpuesto antes do In adaprfdn an
autorldad do cannatar parr fes pastas sNr !n Texas Open ttaet(ngs Act; cradarn rnn7a dd astado
aterabaddnarddoaafddCarrte)nparaWas ins d.Secitan3At,toFora
elbe utiondarairplroscribeections d mSecxidn6.lzrevarkaat amsdtskiLymados
aWokspfosrrpuesrasfirm naattedentoskilsdo he held an the uniform elactlandates rasrrtLa+t dotoCAulaitdoactasddconlcyddasICIA'
dd&vdispucs Lr try defUadacwxeriftitan by state law Im a Scalae l.af, rrquatbbrrprtastos quo Osten da
to rile alanascma vas7) a5ndinaiordancewrilstalelarsfarCityolGce anrcrda=7 ddasWdx
LSectiraccartoradd0Ihilikemard aScxt4kr9 set Consecucalatmbs de
f.SeeUaa atraarandumd ustco fortpc State lak t�astadarrmrrs a/aobprimb ddo
(onniliadVaortateteminArmrtsteontrmnioslatc WdttY�
l� For (A Favor) law and the city Charter, dAus; 9OGrafadrsaal}aammtadazagasa ar
g.SedIcn4.tta,toragabxpadionsfor innadveor ,So Nasdale ddestada)
rerarendumtoberdl:4axamined,and cartiffedln � y
O Against fro coral accardanet with state law and the CRY charter
,
IeSEcIl U7 Will U1410 Ill 'be refemtite to
bditative potkianst and to add a requitement that if
scall pelfUon must be signed and verlited In t for (A Favor)
PROPOSITION NO.1a accordance With the rrqukamentsatslate law and
(PROPOSICIONOU 10) the City Clsanu; En Contra)
LSecliaif4.oCi tf,torequirethatvacariciasresulting Against
Shelf section 0.01 of die City charter, pertaining In anal a successrut recall elactlon be filled in lire
ttcpntism, he emended so provide that Elia marmerprovided for bystale law;
Prohibition agafnstnepolsm oasnotapplyura Sccltand32tnrequitncomplratcdwdUrstata(aw
pparsonemplayedhythaCityailaastoncy�arpdornOtcevenlgtataracalldrdEortlsndcoed upon
to the clactlan or appointment of a are city rECEiPt of n pmpermca0 petlilan
e of
otrtcixf.andOtatlidacsnotapptytoanyes OF tial ai Courto ptoldmayberamewedInaccuil
members of City boards, eommlfEaas, ar P Y
commisslons7 with state laws*
(yFeberdfa5acr)dn9.nldalaCartadalaChtdad CSealan507tataqukeopen public meetings on
fdadanado at 110 011SmL, Sar enmtordada para the budget pr to adoplidn n conrarmanct with
pfoycrrquajaptatlueldncdtdcanepolismnnosa Sa inn 6.12, tura ukedEslntPtasfedCity
arJdeatmapersoaaempetaddiaodcaatsdparin aud0orstnaecordancawithState ]air
ntrnasrmaAaantesdeb dtrrldwodek oTa iutat n. Section 7.07, to require laxallan to be In
aningaarardeduiblaslattonad4ytprannserardo nctirdancovim stale law,
anhrganns eMdasde)ar st: ailMdor Aes, oda o. Section 9.02, to be consistent with the
ramtslanesdeCatdadgrtanasatraapagada?j requirements at state law raglamgevanabiitty"at
O For (A Favor) records;
P, Section 9.004 to rater Io the aant of a10ra as
n=uked by state law.
lm Against PCdntra) rr''LJrbrwinkrSs� �g���esse¢lonasdn&Cartadrla
kut. �,.._..,...f,,.r,�v, d.,,t,<nanramseaa
PROPOSITION N04 11 a. Sacdon t.nn, ppea jW anexlaa par ckrddn an
(PROPOSICIONNUhL 17) catdormldadcan laleydel asfadl
a.SaccldnZn7 fegms9gvatar irlasandCarica)n
Shall Sections 2A9 and 213 of His City Chancrbe Aktddpal Sean daaadas do ocaarda can Icy ozaf
amended and a new section be added to laclude aslado
pprraovislons related to operations of the City and 1 nadas un 1la daraasdafawav clAdo
tar cUaning of Ifta City Coimdf In the Casa of an zW Rau tiorrasAGlalas da te¢ridapw
emergeneyordisasleef d.5crdan201,r quatasdacclnmew9aargales
CrsSarubnrs2t79pd13al[aCadadaAr saratdrananGu�rardtmmrsdeckrridrtmma
Cludadsuramendadasyafine
navasaccWnscr Atas ddrSladd:
a(fRYjadJpafaRKklY�lSptnNS�'1tlCSn3�aLlWradaStd} ��LYrld(11.QI.� QlAa CartlLtfJlaSpaRRRG7(fR
lasopaadynasdaWCxdadydrlturrdartam'enfadat daCnaiadpta�daartrardaconkYdalesta+kv
CourtaRkxJc{aaicnctcasodamurmayruiaada LSeccL�ndOLargarurtagtas7oquclaspdn>ba^s
un desasrra?) paralandradim R atfatarand arrdatasr curnpb ttawla
fey dd asfaduyto Carrs dela Cmdad:
9• Serclan 4.69, requakir quo paildanes pnrn la
CY For (A Favor) mldallva a at ralatilodum Bann presaniadl
examilmd4 p turtlrrcadas de acrrarrb ton ley dot
asrndR yLa Car+a do 4a Ckrda4
C�
Against (En Cantra) h5etttnHas 4.07y4,n8,supdravlarakrarufaaLss
fabprim
pdidan do deAudan $a dale firmer y ver tear do
aarcrda Con Josrerltb7as de la ley def astado y to
PROPOSITION NO, 12 Gvtado1CCkil
(PROPOSICiON NUb{. 72)
Strait a new section or the Charter be added
amhorixingthe CityCouncg byordrrr ince, to make
Versubstartdveamendmerdstothe Charteronly
fortheimil ofeonaciinggfairmaucdents CONTINUED ON
anhanu:tg:aadalslldy.uttdatmglegal6120aru,and ytrri, �s� t t Nmi
clarifying Existing provisions to old in public NEA to U
i
exlstrrdes para
Cr For (A Favor)
c=) Against (En Centra)
(COKINUADA EN LA
If! PRIOXIMA COLUMNA)
ar .
k
La
02-a ID WILLIMISONCOUNTY, TEX
_ ____..� % rr
15520
taxF�
OFFICIAL BALLOT
(BOLETA OFICIAL)
(Cardada da)
WIt.LIAMSON COUNTY, TEXAS
INSTRUCTION NOTE:
Vote for the candidate of your choice by
darkening In the oval provided to the lett
of fire name of that candidate.
Use or,
y the marker provided.,
(/W TA DEIN5TRUCCtON:
Date par ei candidato de su prelerenck
11enanda cainpletamente of espacie
avalado a 14 lzgWerda del nombte de ase
canddato.
Solamente use el marcadurprovista.)
GEORGETOWN WEPENOENT
SCHOOL DISTRICT
(Dl5MtTO ESCOLAR INOEFENDIENTE
OE GEORGETOWN) ..
y t
t n� •'i �{i�! 3 �t��
Trustee, Place 1
� Jour Vdhlivmith ''i„ 'tt
Trustee, Plite bud; {oi§:�':
(liegcarrt .Lri�artl) F
I..
ca : r•
s
t�
Delia Green
ci Rtch Otters
c=) Unda tarsen
Trustee, Place 7
(Ragenter Lugar 7)
r---3 Brad Sdih
S
JOINT GENERAL ELECTION
(ELECCION CONJUNTA GENERAL)
MAY 3, 2003
(3 de maga da 2003)
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— mailbox:///Cl/w NDO-11.7S/APPLICATION%20DATA/iN4ozilla[Use...
Subject: NEWSPAPER NOTICE
From* Trish CarIs <tcarls@brown-carls.com>
Date: Sat, 29 Mar 2003 12:52:51 -0600
To: Sandra Lee <slee@georgetowntx.org>
Sandra - As we previously discussed, the Local Government Code requires that notice of a charter
election be published "on the same day in each of two successive weeks with the first publication
occurring before the 14th day before the date of the election." If the election is on May 3, that means
in the .April 16 and the April 23 Sun in order to be "before the 14th day before" the election.
Attached is the text for the newspaper notice. Call with an questions. Thanks. - Trish
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I of 1 3123/2003 12:53 PIVI
47 #
CITY OF GEORGETOWN,TEXAS
MAY 312003
PROPOSITION 1: SHALL SECTION 1.08 OF THE CITY CHARTER, PERTAINING
TO THE COMPREHENSIVE PLAN= BE AMENDED TO ADD AN ELEMENT FOR
PUBLIC SAFETY?
Sec 1.08. Comprehensive plan.
.,..
(2) The Comprehensive Plan...... The comprehensive plan should include but not be limited to:
(a) — (m3) III Change
(n) E lie element.
PROPOSITION 2: SHALL SECTION 2.16 OF THE CITY CHARTER, PERTAINING
TO ESTABLISHMENT OF PERSONNEL POLICY, BE AMENDED TO PROVIDE THAT
CITY EMPLOYEES SHALL BE "AT WILL" EMPLOYEES?
&c.2.16. Gounall in astablislt parsurtoe€ pollc+,PersanrtcI_Poiicr_
444 -The Council shall rstsbiish by ordinance a personnel policy which shall include, but shall not be limited- by
(a)
e-mpleyc=—
r,�t-in-tl��zevt�rf,�--strsgansian-�larnatinr:sar-tzretia,�:.,^;�i'•Fltyces-tlt�t�sc-tc�-c��le}co
s#all-§i e-ntiEl�i--Ee�ius-prxeas-at=.ci-tt�-tt-fai:-and-impa#;al-ltc-a;;ng; t�o�ul3lic—vsaies}-tha-c�rplo}aa
('�TMa- tndln��f:tht�Cit}�-Ceancci►; puruant-;a-a-hca;ung-irefd-in-c-oaaglianscuvir3>�'3a-alsa�pre�i>iet�-sltati
Anti -be -s iL ca to ati ct- ex -p! n the gauw444at;
(a}�}t-arm-nat�aa_=enat?i}-sttppo�c-Ft-1�-.;ub;tantiat--c�idenEe-in-vi nav-ep-ttac�liable-and-gre!�at;�e
e�idc-nFc�rt�lte-rc�eul-as,�-�vholct-o�
(1}j3c-fadin��nr ac�ian aftheaunailiwr.�ar`�itwsy ani eapRsiaus
PROPOSITION 3: SHALL SECTION 4.07 OF THE CITY CHARTER, PERTAINING
TO POWER OF RECALL, BE AMENDED TO PROVIDE THAT THE CITIZENS SHALL
HAVE THE POWER TO RECALL A CITY OFFICIAL ON THE GROUNDS OF
INCOMPETENCE, MISCONDUCT, OR MALFEASANCE IN OFFICE?
See. 4.07. Poti m of Recall
Newspaper Notice afCharter Amendment Flection
City of Georgetown, Texas
Pape I ors
{` S
The people of the City rescm the power to recall any elected officer of the City of Gcorgeto%m._on the gr�unt}s of
incampetom rrtiscgiiduct�py!Tmttlfeasance
PROPOSITION 4, SHALL SECTION 4.07 OF THE CITY CHARTER, PERTAINING
TO POWER OF RECALL, BE AMENDED TO PROVIDE THAT A RECALL PETITION
MUST BE SIGNED BY 15% OF THE REGISTERED VOTERS IN THE CITY (IN THE
CASE OF THE MAYOR), AND BY 15% OF THE REGISTERED VOTERS IN A
COUNCIL DISTRICT (IN THE CASE OF A PARTICULAR COUNCIL MEMBER), AND
TO PROVIDE THAT ALL REGISTERED VOTERS MAY VOTE IN A RECALL
ELECTION INVOLVING THE .MAYOR, AND THAT ALL REGISTERED VOTERS IN A
COUNCIL DISTRICT BE ALLOWED TO VOTE IN A RECALL ELECTION
INVOLVING THAT PARTICULAR COUNCIL MEMBER?
Sec. 4.07. Power ofrecall.
T}le people of the City reserve the power to recall any elected officer of the City of Georgetown and may
excruise such power by fling with .ta� •.tr�q�""�nQ ��-�n� res «. nr��__ .IIS T�3�ul in nutn�+c�to at
laa6t4hiF;y (j9) per -Scutt Ilia.. c3s
PROPOSITION 5: SHALL SECTION 4.08 OF THE CITY CHARTER, PERTAINING
TO RECALL ELECTION, BE AMENDED TO STATE THAT A RECALL PETITION
MUST SPECIFICALLY AND DISTINCTLY SET FORTH THE FACTUAL BASIS AND
CIRCUMSTANCES UPON WHICH THE PETITION FOR REMOVAL IS BASED TO
GIVE THE OFFICIAL NOTICE OF ALL MATTERS AND THINGS FORMING THE
BASIS OF THE PETITION?
Sec.4.0$. Recall cleEilutt etp "itinrr.
TI>e..recali__pe[}tion_�hniLbe.addressed,,to..ttiz_City _Council_of_tlte.. ry_.tifeGrorgettattn, a nd_shatl_distittctl and_sneciffcaIl xel
�ut_the_facivaLbusis_and_circumstances_upon�Fft}ck_[Etr_t.+et}titast_fttr_temaval is retticutecl�ilh�ui�csettt.st2eciiicii}± to gi♦'e„tftc
pcjal sotteltt to lramnvedltizticesf tilt matters and thiaes�vitit which the official is charged.—.... .
PROPOSITION 6: SHALL SECTION 5.06 OF THE CITY CHARTER, PERTAINING
TO THE CITY ATTORNEY, BE AMENDED TO PROVIDE THAT THE HIRING OF
ALL ASSISTANT CITY ATTORNEYS BE APPROVED BY THE CITY COUNCIL, AND
THAT THE CITY ATTORNEY AND ANY ASSISTANT ATTORNEYS SERVE AT THE
WILL OF THE COUNCIL?
Newspaper Notice of Charter Amendment Election
City of Georgem m. Texas
Nge2of3
City AHarney,
There shall be such assistant City Attorneys as may be authorized by the Council and appointed by the City Attorney with
the approval of t1w City Manage„-Qgt!Rrfl,and such assistant City Attorneys shall be authorized to act for and an behalf of the
City Attorney. The CiAltamev(s? and nny assistant t ity_Attomey[s)_serue soIely-at_ihq ti lj) ,Fibq Council.
PROPOSITION 7: SHALL SECTIONS 6.09 AND 6.14 OF THE CITY CHARTER,
PERTAINING TO REVENUE BONDS AND SALE OF BONDS, BE AMENDED TO
INCLUDE THE TERM "OBLIGATIONS" AND THEREBY TO ALSO APPLY TO THE
ISSUANCE OF CERTIFICATES OF OBLIGATION?
Sec. 6.09. Revenue bonds.and<obligjt s.
The City shall have power to borrow [Honey for the purpose of constructing, purchasing, improving, extending or repairing
of public utilities, reercational facilities or any oilier self liquidating municipal function mat prolm'bi€ed by the Constitution and
taws of the State of Texas, and to issue ruventue bonds to ekidcttec the � n accordance
n_ith State_iaty,-:Such bands and obligations shall be a charge upon and payable solely from lite pmpwics, or interest therein,
pledged, or the income therefrom, or both, and shall never be a debt of the City. All such debts shall be issued in conformity with
the laws of the State of Texas.
Ser, 6,10. Sale of OtLti�ations.
.All bonds and trh[i prions of the City having been issued and sold in accordance with the terms of this section, and
having been delivered to the purchasers thereof, shall titereafierbe incontestable, and all bands issued to refund and in exchange
for outstanding bonds previously issued shat 1, after said exchange, be incontestable.
PROPOSITION 8: SHALL SECTION 6.10 OF THE CITY CHARTER, PERTAINING
TO SALE OF BONDS, BE AMENDED TO PROVIDE THAT THE CITY COULD SELL
BONDS AT PAR OR A PRICE THAT ACHIEVES THE OVERALL LOWEST INTEREST
RATE FOR THE CITY?
Sec. 6.10. Sale of bands.
ala band {ether [kart rafurdin� konds i sued to rcluncl an r ill ..,.,.a..,»g,. r _.....„leis u # euUiandi �a bamds} issueil §}alta
Ceuasil shall r�saltl ter ins tbatr pa;-valwo:u;4-ar c -d- wurust-
PROPOSITION 9: SHALL SECTION 6.11 OF THE CITY CHARTER, PERTAINING
TO PURCHASING POWER, BE AMENDED TO PROVIDE THAT THE CITY
MANAGER HAS THE AUTHORITY TO CONTRACT FOR EXPENDITURES
WITHOUT FURTHER APPROVAL OF COUNCIL FOR ALL BUDGETED ITEMS THAT
DO NOT EXCEED THE DOLLAR LIMITATIONS SET FORTH IN STATE LAW
PERTAINING TO COMPETITIVE BIDDING?
Sec. 6.11. Purchase prncedure.
The Council may, by ordinance, confer upon the City Manager general authority to contract for expenditures without further
approval of the Council for all budgeted items not- ur Wading grllccut the 441911ar-¢m,lg,94- 9,804that do not esce_ed lite amount
wiricr requires cam liance with the Statgcnmpetitivr_biddinglpurchusing laws_ All contracts for expenditures involving more
than1{ftoen tltau5and detFa re, � �nQF-tile_ immounis lyhicjt-[equtic_co#ttpiiance with the State cam -gttjive biddlttg/pul chasi to
latys.must be expressly approved in advance by the Council.
PROPOSITION 10. SHALL SECTION 9.01 OF THE CITY CHARTER, PERTAINING
TO NEPOTISM, BE AMENDED TO PROVIDE THAT THE PROHIBITION AGAINST
NEPOTISM DOES NOT APPLY TO A PERSON EMPLOYED BY THE CITY AT LEAST
ldewspaper Notice of Charter Ammdrrrent Election
City ofGeorgeloi n, Texas
Page 3 ors
ONE YEAR PRIOR TO THE ELECTION OR APPOINTMENT OF A RELATED CITY
OFFICIAL, AND THAT IT DOES NOT APPLY TO ANY UNPAID MEMBERS OF CITY
BOARDS, COMMITTEES, OR COMMISSIONS?
5ec.9.01, Kepatism.
A person who is related within tate second degree by amity or within the third degree by consanguinity to the
Mayor or any member of the City Council or City Manager may not be employed or uppointed to any office, position, or
clerkship of the City. This prohibition docs not apply to any person employed by the City at least the +ne_ IZyear
prior to and at the time of the election of the Mayor or Council members, or appointment of the City Milmieer. This
pr�isiorLdeesstnLntfral�t�o�u�p�id memlxus o!'Ci.ty boanis,,cornsnitices,_otrnmtttissinns,
PROPOSITION 11: SHALL SECTIONS 2.09, 2.13 OF THE CITY
AMENDED AND A NEW SECTION BE ADDED TO INCLUDE
RELATED TO OPERATIONS OF THE CITY AND FUNCTIONING
COUNCIL IN THE CASE OF AN EMERGENCY OR DISASTER?
Sec.?09. Rules of procedure.
... Should the Council he reduced to less than a majority plus one of the members of Council by death,
resignation, nonresidence, or for any other reason, the remaining members of the Council shall constitute n quorum for the
purpose of fi[ting vacancic, and ror.Ihc,purptsse_of.taking,an cmc_t��ency nctitrn to pmtect3he life, health safety,_pmperty
Sec.113. Emergcncypaxrvsarthe Mayor.
The Mayor of the City of Georgetown shall have such emergency powers as are provided by A#ic4os- , nd-a'999c, ;- A4;m;i:ri
Ar �ststad t is 1 Statutesom , tbis_Chancr's..prcr isions,.�Il plicabl� ordinanem-and all other Jaws of the Stntc of Texas.
Sec. 9.18 Disaster cluusc.
PROPOSITION 12: SHALL A NEW SECTION OF THE CHARTER BE ADDED
AUTHORIZING THE CITY COUNCIL, BY ORDINANCE, TO MAKE
NONSUBSTA_NTIVE AMENDMENTS TO THE CHARTER ONLY FOR THE PURPOSE
OF CORRECTING GRAMMATICAL ERRORS, ENHANCING READABILITY,
UPDATING LEGAL CITATIONS, AND CLARIFYING EXISTING PROVISIONS TO
AID IN PUBLIC UNDERSTANDING?
PROPOSITION 13.A SHALL SECTION 1.06 BE AMENDED TO ALLOW
ANNEXATION BY ELECTION IN COMPLIANCE WITH STATE LAW?
Sec. 1.05. Annexation and disannexation arterritary.
(i) Annexation. The City Council may rhx the boundary limits of the City by any or the following methods.
Newspoper Notice of Charter Amendment Election
City crGeorgetown, Teas
Page 4 of S
(a) Upon the introduction and passage of the ordinance in compliance with all requirements of tate
lav s_et tl c,54ala ^r.�r :ui4 i 0e 9LES Charter and State Iwith or without the consent of the voters and/or landowners in
the area to be annexed; or
(b) Upon the request by written petition of a majority of qualified voters and landowners in Rite area
requesting annexation subject to procedural rules as provided by4hc-4aurel Rite Stale sFi ar as, Ssate.ia t and the passage of
an annexation ordinance in response to die petition procedure.,; or
(Z) Annexed Territory. The inhabitants or annexed territory are entitled to all the rights and privileges of city
citizenship, and are bound by all such duties of citizenship, The inhabitants of any annexed territory are bound by all the
acts, resolutions, ordinances, and regulations of the City.
(3) Dfsannexation. The City Council may detach and d'rsannex any territory within the city limits by any of the
following methods:
(a) Upon the introduction and passage of the ordinance in compliance with all requirements of -the
laws eptias.State.Ia, v, with or without the consent of the voters and/or landowners in the ansa disannexed;
(b) Upon the request by written petition ora majority orquaiificd voters and landowners in the area
proposed for disannexatfon in compliance t he lafthtic eiiae and this Charter, SEuse tasand the passage of
an ordinance in response to the petition procedure.
PROPOSITION NO, 1313, SECTION 2.03, TO REQUIRE VACANCIES ON THE
CITY COUNCIL, TO BE FILLED IN ACCORDANCE WITH STATE LAW.
Sec.2.03. Vacancies.
the Council,
shall be filled
Wormy City tt:,-M,
uppLgmbleS[i7te laws.
PROPOSITION 13, C, SECTION 2.09 TO REQUIRE MINUTES OF MEETINGS
TO BE TAKEN IN THE FORM AND MANNER REQUIRED BY THE TEMAS OPEN
MEETINGS ACT.
Scc. 77.09. Rules of praeedure.
.........Minutes orall meetings of the Council shell be taken and recorded in the farm and rrranner rgquire:d_by_statc 1a�1
and such minutes shall constitute a public record.
PROPOSITION NO, 13.D_ SECTION 3.01, TO REQUIRE THE GENERAL
ELECTIONS TO BE HELD ON THE UNIFORM ELECTION DATES PRESCRIBED BY
STATE LAW,
Sec. 10I. General election,
The regular City election shall be held annually on the first Saturday in May, or an such date as_Is othentise
irgufrcd b�$tate_Jas�.........
PROPOSITION NO. 13,E_ SECTION 3,03, TO REQUIRE CANDIDATES FOR
CITY OFFICE TO FILE IN ACCORDANCE WITH STATE LAW.
Sec.3n. Filingarcandidates.
Any qualified person who desires to become a candidate for election -to City office shall rile
with the Ciry Secreturv. in accordance with State law. ayor,-at-hast-for -ftvv4
Newspaper Notice of Charter Amendment Election
City of Georgetown, Texas
Page 5 of 8
f
t
i
(a) Upon the introduction and passage of the ordinance in compliance with all requirements of tate
lav s_et tl c,54ala ^r.�r :ui4 i 0e 9LES Charter and State Iwith or without the consent of the voters and/or landowners in
the area to be annexed; or
(b) Upon the request by written petition of a majority of qualified voters and landowners in Rite area
requesting annexation subject to procedural rules as provided by4hc-4aurel Rite Stale sFi ar as, Ssate.ia t and the passage of
an annexation ordinance in response to die petition procedure.,; or
(Z) Annexed Territory. The inhabitants or annexed territory are entitled to all the rights and privileges of city
citizenship, and are bound by all such duties of citizenship, The inhabitants of any annexed territory are bound by all the
acts, resolutions, ordinances, and regulations of the City.
(3) Dfsannexation. The City Council may detach and d'rsannex any territory within the city limits by any of the
following methods:
(a) Upon the introduction and passage of the ordinance in compliance with all requirements of -the
laws eptias.State.Ia, v, with or without the consent of the voters and/or landowners in the ansa disannexed;
(b) Upon the request by written petition ora majority orquaiificd voters and landowners in the area
proposed for disannexatfon in compliance t he lafthtic eiiae and this Charter, SEuse tasand the passage of
an ordinance in response to the petition procedure.
PROPOSITION NO, 1313, SECTION 2.03, TO REQUIRE VACANCIES ON THE
CITY COUNCIL, TO BE FILLED IN ACCORDANCE WITH STATE LAW.
Sec.2.03. Vacancies.
the Council,
shall be filled
Wormy City tt:,-M,
uppLgmbleS[i7te laws.
PROPOSITION 13, C, SECTION 2.09 TO REQUIRE MINUTES OF MEETINGS
TO BE TAKEN IN THE FORM AND MANNER REQUIRED BY THE TEMAS OPEN
MEETINGS ACT.
Scc. 77.09. Rules of praeedure.
.........Minutes orall meetings of the Council shell be taken and recorded in the farm and rrranner rgquire:d_by_statc 1a�1
and such minutes shall constitute a public record.
PROPOSITION NO, 13.D_ SECTION 3.01, TO REQUIRE THE GENERAL
ELECTIONS TO BE HELD ON THE UNIFORM ELECTION DATES PRESCRIBED BY
STATE LAW,
Sec. 10I. General election,
The regular City election shall be held annually on the first Saturday in May, or an such date as_Is othentise
irgufrcd b�$tate_Jas�.........
PROPOSITION NO. 13,E_ SECTION 3,03, TO REQUIRE CANDIDATES FOR
CITY OFFICE TO FILE IN ACCORDANCE WITH STATE LAW.
Sec.3n. Filingarcandidates.
Any qualified person who desires to become a candidate for election -to City office shall rile
with the Ciry Secreturv. in accordance with State law. ayor,-at-hast-for -ftvv4
Newspaper Notice of Charter Amendment Election
City of Georgetown, Texas
Page 5 of 8
candidate that the candidate is fully qualified uncles t-1>nzo'' c -Stats a
ihr-o`tiss to hold the office under the provisions of this Charter and State #nw.
shall contain a swom statement by the
PROPOSITION NO. 13.F: SECTION 4.03, TO ADD A REQUIREMENT THAT
PETITIONS FOR INITIATIVE OR REFERENDUM MUST CONFORM TO STATE LAW
AND THE CITY CHARTER.
See.4.03. Formofpctitions.
... No signature shalt be counted where there is reason to believe it is not the actual signature of the purported
signer or dint it is a duplication either of name or ofhandwriling used in any other signature on the petition, and no signature
shalt be counted unless the r¢5i1cn t#d css (Lr - uit>~tLini' a 'on of the signer is shown, or unless it is signed ca-actly as
the name of the voter appears on the official copy of the current qualified Voters list. Heforc the signatures on nny petition
paper may be counted one of the signers ofsuc#t petition paper, a quafificd voter shall make oath before the City Secretary,
or any other officer compatent to administer oaths,; that the statements made therein are true, that each signature to the paper
appended is the genuine signature or ilia person whose name purports to be signed thereto, and that such signatures were
placed thereon in the person's presence., otltcrtiv#se c..otp 3Uyi#h_lhis_Chpricrand State tnw_n,quimments,
PROPOSITION 13.G: SECTION 4.04, TO REQUIRE PETITIONS FOR
INITIATIVE OR REFERENDUM TO BE FILED, EXAMINED, AND CERTIFIED IN
ACCORDANCE WITH STATE LAW AND THE CITY CHARTER
Sce. 4.04. riling. examination and certification of petitions.
in examining the petition, the Secretary shall write the letters " D.V." Lmvrining Q: qualiiied.l'_oteraffi red
inti opposite the names of signers found not quaht;ed,.pursunnt to this Charter and State igiv.....
PROPOSITION 13.H.: SECTIONS 4.07 AND 4.08, TO DELETE THE
REFERENCE TO INITIATIVE PETITIONS, AND TO ADD A REQUIREMENT THAT
A RECALL PETITION MUST BE SIGNED AND VERIFIED IN ACCORDANCE
WITH THE REQUIREMENTS OF STATE LAW AND THE CITY CHARTER
4.07 PowerofRecall
..... The petition shall be signed and verified in the manner required ;st trittiE{atire pg enby-Ihis-Chactefs_groxisians
and_SmteJawL. _ .......
4.08 Recall Flection.
0-ite-pre�sie;ts-rogtt#attn��-a�arainat3en^^�cr,:�,„�sati�nd-a�ad.;isr,t-ofin#t#ati�e-#u�'infer=-sha#{-appl;-tausr#i-pst#t#eau......
PROPOSITION 13.I. SECTION 4.09, TO REQUIRE THAT VACANCIES
RESULTING AFTER A SUCCESSFUL RECALL ELECTION BE FILLED IN THE
MANNER PROVIDED FOR BY STATE LAW,
Sur, 4.09. Results of recall election.
#€ ##rc-rnajaa rot tho #oQai Fetos ca=a� s n## cicctis f titter' tha#etr vacant aaa ^� T^�^ '^� rr t#to
#guch anF} ita##efal#sd incl held foxthaith-inacarzaose-sv+c#t t#ts pu ?ui;iert5 aihi5 F#at#s�on etecbans- If
s. An officer thus removed shall not be eligible to hold office ogain in the City of Georgetown within a
years from date of that orticer's recall.
Newspaper Notice of CharterAmendment Electian
City of Georgetown, Texas
Page 6 oft3
PROPOSITION 13.3: SECTION 4.12, TO REQUIRE COMPLIANCE WITH STATE LAW
IN THE EVENT THAT A RECALL ELECTION IS NOT CALLED UPON RECEIPT OF A
PROPER RECALL PETITION.
See. 4.12 Saiture ar0ky Council to calf n remit election.
qtr .,rtho rrt,.,,,,,.. �s,..n h= .been-tttc: -and-tlr r onFil sttatl-fail ar-rrtus+� Eft
atw lurk-dutir� tteiein prsdcd-toga-disrlaarud-§y ita porion pr-r�ar.is tkc-duti h>_ -f=ir}
C unriirltt addition to tkn abttvo ran;nd an gtsaftticd ttN-i,t't� C-maysc . rt-Ceuta-oF
1}'�tliamsan Fea.. T, -Tc "any eg twe sans of this C auc � it ras ion eut ity-thn per
r
etTiciat,.
PROPOSITION 13.K: SECTION 5.08, TO PROVIDE THAT A JUDGE OF
MUNICIPAL COURT MAY BE REMOVED IN ACCORDANCE WITH STATE LAW,
See. 5.911. Judge of theMunicipaiCaurt.
The Judge of the Municipal Court may be removed der casae, aftsw hrasitt he-catcsrnnk h5s
than four { ntrntbc*Y ^r, nn? e Czitnciivaltl3rd and seanF :a accordance tSnih SEalc late_ ...... .
PROPOSITION 13.L: SECTION 6.02, TO REQUIRE OPEN PUBLIC MEETINGS ON THE
BUDGET PRIOR TO ADOPTION IN CONFORMANCE WITH STATE LAW.
Sec. 6.02. Budget
and adoption
public, rir� r to_the
PROPOSITION 13.M: SECTION 6.12, TO REQUIRE DISINTERESTED CITY
AUDITORS IN ACCORDANCE WITH STATE LAW.
Ser. 6.12. Independent audit.
At the close of each fiscal year, and at such other times as it may be deemed necessary, the Council shall cause an
independent audit to be [Wade ofall accounts of ate City by a certified public accountant Tile certilicJ.public.accountant(�.sha11
1te selected 6;�nR¢ shalt repnrt�I[.rcctiv to_t11iSo��lca{�Cttr4hCr� 4he-4he cenilied public accountant(s) so selected shall have no
personal ar business interest, directly or indirectly, in the financial affairs of the City or any of its otatcers or officials, nor shad
Upon completion of the audit, and.upon.grrssntation tgand.acceptanct
hereof -shall be published iamedialriy „is_sonp_as_pQssibic in a newspaper
and copies placed nn file in the City Secretary's office as public record.
PROPOSITION NO, 13.N: SECTION 7.01, TO REQUIRE TAXATION TO BE IN
ACCORDANCE WITH STATE LAW.
SCC 7.01. Timation-Deportment.
The City f�:lanager
Collector; ivlta-shai
Newspaper Notice orCbartt!rAmendment Election
Ciry ofGeorgetonm, Texas
Paye 7 of 8
ion: -.p s to =css and collect City utecs.
r_entity tn_act_as the City's_Tar Assessor-
Assessor-Catlector shall give a surety bond
s'
Ell o] 00:11P40) 2 9 :1
OF OF !•' !
WHEREAS, on May 6, 2003, the Mayor signed an Order adopting the Charter amendments that
were on the May 3, 2003 ballot.
NOW THEREFORE, it is ordered by the City Council of the City of Georgetown, Texas that:
Section 1, The Order of May 6, 2003 is herein clarified and supplemented to include the full
propositions as denoted in the attachment hereto.
Ordered this day of September, 2010.
itiiElm+�ll'lf];�i�x���eI�l�il�iRit IES
By:
arver, Mayor
Approved as to form:
Mark T. Sokolow, City Attorney
Attest:
PROPOSITION 1: SHALL SECTION 1.08 OF THE CITY CHARTER, PERTAINING TO THE
COMPREHENSIVE PLAN, BE AMENDED TO ADD AN ELEMENT FOR PUBLIC SAFETY?
Sec, 1.08. Comprehensive plan.
(2) The Comprehensive Plan..... The comprehensive plan should included but not be
limited to:
(a) — (m) no change
(n) public safety element.
PROPOSITION 2: SHALL SECTION 2.15 OF THE CITY CHARTER, PERTAINING TO
ESTABLISHMENT OF PERSONNEL POLICY, BE AMENDED TO PROVIDE THAT CITY EMPLOYEES
SHALL BE "AT WILL" EMPLOYEES?
Sec. 2.15 Personnel Policy
The Council shall establish by ordinance a personnel policy which shall include,
but shall not be limited to the following provisions. That:
(a) all employees of the City are employees at will, unless otherwise
provided by the terms of a written contract between the employee and
the City, which has been formally approved by the Council.
(b) before disciplinary action may be taken as a result of a complaint against
a City employee, the complaint must be reduced to written form and a
copy of the written complaint must be provided to the affected
employee.
(c) in the event of a suspension, demotion or termination of a City
employee, the affected employee shall be afforded the due process
provided by the Personnel Policies of the City.
PROPOSITION 3: SHALL SECTION 4.07 OF THE CITY CHARTER, PERTAINING TO POWER
OF RECALL, BE AMENDED TO PROVIDE THAT THE CITIZENS SHALL HAVE THE POWER TO RECALL
A CITY OFFICIAL ON THE GROUNDS OF INCOMPETENCE, MISCONDUCT, OR MALFEASANCE IN
OFFICE?
Sec, 4.07 Power of Recall
The people of the city reserve the power to recall any elected officer of the City
of Georgetown, on the grounds of incompetence, misconduct, or malfeasance in office,
and....
PROPOSITION 4: SHALL SECTION 4.07 OF THE CITY CHARTER, PERTAINING TO
POWER OF RECALL, BE AMENDED TO PROVIDED THAT A RECALL PEITION MUST BE SIGNED BY
15% OF THE REGISTERED VOTERS IN THE CITY (IN THE CASE OF THE MAYOR), AND BY 15% OF
THE REGISTERED VOTERS IN A COUNCIL DISTRICT (IN THE CASE OF A PARTICULAR COUNCIL
MEMBER), AND TO PROVIDE THAT ALL REGISTERED VOTERS MAY VOTE IN A RECALL ELECTION
INVOLVING THE MAYOR, AND THAT ALL REGISTERED VOTERS IN A COUNCIL DISTRICT BE
ALLOWED TO VOTE IN A RECALL ELECTION INVOLVING THAT PARTICULAR COUNCIL MEMBER?
Sec. 4.07 Power of Recall
The people of the city reserve the power to recall any elected officer of the City
of Georgetown and may exercise such power by filing a petition, as described herein,
with the City Secretary.
A petition to recall the Mayor only shall be signed by registered voters of the City equal
in number to at least fifteen (15) percent of the number of all of the registered voters in
the City at the time of the last regular municipal election, demanding the removal of the
Mayor. The petition must be signed and verified as required by this Charter's provisions
and State law.
A petition to recall a Council member shall be signed only by the registered voters of the
single member council district that the Council member represents, and the signatures
must be equal in number to at least fifteen (15) percent of the number of registered
voters residing in that council district at the time of the last regular municipal election,
demanding the removal of their specific Councilmember. The petition must be signed
and verified as required by this Charter's provisions and State law,
In the case of
an election to recall
the Mayor, any
registered voter residing within the
City may cast
a ballot on the issue
of the Mayor's
recall.
In the case of an election to recall a Council member, only registered voters residing
within the single member council district represented by the Council member sought to
be recalled may cast a ballot on the issue of their Council member's recall.
PROPOSITION 5: SHALL SECTION 4.08 OF THE CITY CHARTER, PERTAINING TO RECALL
ELECTION, BE AMENDED TO STATE THAT A RECALL PETITION MUST SPECIFICALLY AND
DISTINCTLY SET FORTH THE FACTUAL BASIS AND CIRCUMSTANCES UPON WHICH THE PETITION
FOR REMOVAL IS BASED TO GIVE THE OFFICIAL NOTICE OF ALL MATTERS AND THINGS
FORMING THE BASIS OF THE PETITION?
Sec 4.08 Recall petition
The recall petition shall be addressed to the City Council of the City of Georgetown, and
shall distinctly and specifically set out the factual basis and circumstances upon which
the petition for removal is predicated with sufficient specificity to give the official
sought to be removed notice of all matters and things with which the official is charged.
PROPOSITION 6: SHALL SECTION 5.06 OF THE CITY CHARTER, PERTAINING TO THE CITY
ATTORNEY, BE AMENDED TO PROVIDE THAT THE HIRING OF ALL ASSISTANT CITY ATTORNEYS BE
APPROVED BY THE CITY COUNCIL, AND THAT THE CITY ATTORNEY AND ANY ASSISTANT
ATTORNEYS SERVE ATTHE WILL OF THE COUNCIL?
Sec. 5.0G City Attorney.
. . . .
There shall be such assistant City Attorneys as may be authorized by the Council and
appointed by the City Attorney with the approval of the City Council and such assistant
City Attorneys shall be authorized to act for and on behalf of the City Attorney. The City
Attorney(s) and any assistant City Attorneys} serve solely at the will of the Council.
PROPOSITION 7: SHALLSECTIONS 6.09 AND 6.10 OF THE CITY CHARTER PERTAINING TO
REVENUE BONDS AND SALE OF BONDS, BE AMENDED TO INCLUDE THE TERM "OBLIGATIONS"
AND THEREBY TO ALSO APPLY TO THE ISSUANCE OF CERTIFICATES OF OBLIGATION?
Sec, 6.09 Revenue bonds and Obligations.
The City shall have power to borrow money for the purpose of constructing,
purchasing, improving, extending or repairing of public utilities, recreational facilities or
any other self-liquidating municipal function not prohibited by the Constitution and laws
of the State of Texas, and to issue revenue bonds and obligations in accordance with
State law. Such bonds and obligations shall be a charge upon and payable solely from
the properties, or interest therein, pledged, or the income therefrom, or both, and shall
never be a debt of the City. All such debts shall be issued in conformity with the laws of
the State of Texas.
Sec, 6.10. Sale of bonds and Obligations
.... All bonds and obligations of the City having been issued and sold in
accordance with terms of this section, and having been delivered to the purchasers
thereof, shall thereafter be incontestable and all bonds issued to refund and in
exchange for outstanding bonds previously issued shall, after said exchange, be
incontestable.
PROPOSITION : SHALL SECTION 6.10 OF THE CITY CHARTER, PERTAINING TO SALE OF
BONDS, BE AMENDED TO PROVIDE THAT THE CITY COULD SELL BONDS AT PAR OR A PRICE
THAT ACHIEVES THE OVERALL LOWEST INTEREST RATE FO THE CITY?
Sec. 6.10. Sale of bonds
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PROPOSITION 9: SHALL SECTION 5.11 OF THE CITY CHARTER, PERTAINING TO
PURCHASING POWER, BE AMENDED TO PROVIDE THAT THE CITY MANAGER HAS THE
AUTHORITY TO CONTRACT FOR EXPENDITURES WITHOUT FURTHER APPROVAL OF COUNCIL
FOR ALL BUDGETED ITEMS THAT DO NOT EXCEED THE DOLLAR LIMITATIONS SET FORTH IN
STATE LAW PERTAINING TO COMPETITIVE BIDDING?
Sec. 6.11. Purchase procedure.
The Council may, by ordinance, confer upon the City Manager general authority
to contract for expenditures without further approval of the Council for all budgeted
items that do not exceed the amount which requires compliance with the State
competitive bidding/purchasing laws. All contracts for expenditures involving more
than the amounts which require compliance with the State competitive
bidding/purchasing laws must be expressly approved in advance by the Council.
PROPOSITION 10: SHALL SECTION 9.01 OF THE CITY CHARTER, PERTAINING TO
NEPOTISM, BE AMENDED TO PROVIDE THAT THE PROHIBITION AGAINST NEPOTISM DOES NOT
APPLY TO A PERSON EMPLOYED BY THE CITY AT LEAST ONE YEAR PRIOR TO THE ELECTION OR
APPOINTMENT OF A RELATED CITY OFFICIAL, AND THAT IT DOES NOT APPLY TO ANY UNPAID
MEMBERS OF CITY BOARDS, COMMITTEES, OR COMMISSIONS?
Sec, 9.01. Nepotism
A person who is related within the second degree by affinity or within the third
degree by consanguinity to the Mayor or any member of the City Council or City
Manager may not be employed or appointed to any office, position, or clerkship of the
city. This prohibition does not apply to any person employed by the City at least one (1)
year prior to and at the time of the election of the Mayor or Council members, or
appointment of the City Manager. This provision does not apply to any unpaid
members of City boards, committees, or commissions.
PROPOSITION 11: SHALL SECTIONS 2.09, AND 2.13 OF THE CITY CHARTER BE AMENDED
AND A NEW SECTION BE ADDED TO INCLUDE PROVISIONS RELATED TO OPERATIONS OF THE
CITY AND FUNCTIONING OF THE CITY COUNCIL IN THE CASE OF AN EMERGENCY OR DISASTER?
Sec. 2.09. Rules of procedure
.... Should the Council be reduced to less than a majority plus one of the
members of Council by death, resignation, nonresidence, or for any other reason, the
remaining members of the Council shall constitute a quorum for the purpose of filling
vacancies and for the purpose of taking an emergency action to protect the life, health,
safety, property and welfare of the public. Such emergency action shall take effect only
upon the unanimous approve of the then remaining members of the Council ... .
Sec. 2.13 Emergency powers of the mayor
The Mayor of the City of Georgetown shall have such emergency powers as are
provided by this Charter's provisions, all applicable ordinances, and all other laws of the
State of Texas.
Sec, 9.18. Disaster clause.
In case of disaster when a legal quorum of members of the Council cannot otherwise be
assembled due to multiple deaths or injuries, the surviving member(s) of the Council, or
the highest surviving City Officer, if no elected official remains, shall within twenty-four
(24) hours of the disaster, request the Commissioners Court of Williamson County, to
appoint a commission to act during the emergency and within fifteen (15) days of the
disaster call a City election for election of member(s) of the Council, if it is known that it
is impossible for a quorum of the present Council to meet again.
PROPOSITION 12: SHALL A NEW SECTION OF THE CHARTER BE ADDED AUTHORIZING
THE CITY COUNCIL, BY ORDINANCE, TO MAKE NONSUBSTANTIVE AMENDMENTS TO THE
CHARTER ONLY FOR THE PURPOSE OF CORRECTING GRAMMATICAL ERRORS, ENHANCING
READABILITY, UPDATING LEGAL CITATIONS, AND CLARIFYING EXISTING PROVISIONS TO AID IN
PUBLIC UNDERSTANDING?
Sec. 9.19 Nonsubstantive Charter Amendments
The City Council may, by ordinance, make nonsubstantive amendments to the
Charter only for the purposes of correcting grammatical errors, enhancing readability,
updating legal citations, and clarifying existing provisions to aid in public understanding.
PROPOSITION 13.: SHALL THE FOLLOWING SECTIONS BE UPDATED AND AMENDED TO
BE CONSISTENT WITH CURRENT STATE LAW AS FOLLOWS:
Am
A: SECTION 1.06 TO ALLOW ANNEXATION BY ELECTION IN COMPLIANCE WITH STATE
Sec. 1.06 Annexation and disannexation ofterritory
(1) Annexation. The City Council may fix the boundary limits of the City by any
of the follow methods:
a. Upon the introduction and passage of the ordinance in compliance
with all requires of this Charter and State law, with or without the
consent of the voters and/or landowners in the area to be annexed;
or
b. Upon the request by written petition of a majority of qualified voters
and landowners in the area requesting annexation subject to
procedural rules as provided by State law and the passage of an
annexation ordinance in response to the petition procedure; or
c. By election, in accordance with applicable State law.
(2) Annexed Territory. The inhabitants of annexed territory are entitled to all
the rights and privileges of city citizenship, and are bound by all such duties
of citizenship. The inhabitants of any annexed territory are bound by all the
acts, resolutions, ordinances, and regulations of the City.
(3) Disannexation. The City Council may detach and disannex any territory
within the city limits by any of the following methods:
a. Upon the introduction and passage of the ordinance in compliance
with all requirements of State law, with or without the consent of the
voters and/or landowners in the area disannexedp
b. Upon the request by written petition of a majority of qualified voters
and landowners in the area proposed for disannexation in compliance
with this Charter, State law, and the passage of an ordinance in
response to the petition procedure.
A: SECTION 2.03 TO REQUIRE VACANCIES ON THE CITY COUNCIL TO BE FILLED IN
ACCORDANCE WITH STATE LAW
Sec, 2.03 Vacancies
When a vacancy occurs in the Council, the vacancy shall be filled at a special
election called for this purpose within one hundred and twenty (120) days after the
vacancy or vacancies occur in compliance with Article XI, Section 11 of the Texas
Constitution and other applicable State laws.
C: SECTION 2.09 TO REQUIRE MINUTES OF MEETINGS TO BE TAKEN IN THE FORM AND
MANNER REQUIRED BY THE TEXAS OPEN MEETINGS ACT
Sec, 2.09 Rules of procedure
....Minutes of all meetings of the council shall be taken and recorded in the
form and manner required by State law and such minutes shall constitute a public
record.
Q: SECTION 3.01 TO REQUIRE THE GENERAL ELECTIONS TO BE HELD ON THE UNIFORM
ELECTION DATES PRESCRIBED BY STATE LAW
Sec. 3.01 General election.
The regular City election shall be held annually on the first Saturday in May, or
on such date as is otherwise required by State law, ... .
E: SECTION 3.03 TO REQUIRE CANDIDATES FOR CITY OFFICE TO FILE IN ACCORDANCE
WITH STATE LAW
Sec, 3.03 Filing of candidates
Any qualified person who desires to become a candidate for election to City
office shall file application of candidacy with the City Secretary, in accordance with State
law. Such application shall contain a sworn statement by the candidate that the
candidate is fully qualified to hold office under the provisions of this Charter and State
law.
F: SECTION 4.03 TO ADD A REQUIREMENT THAT PETITIONS FOR INITIATIVE OR
REFERENDUM MUST CONFORM TO STATE LAW AND THE CITY CHARTER
Sec, 4,03 Form of petitions.
... No signature shall be counted where there is reason to believe it is not the
actual signature of the purported signer or that it is a duplication either of name or of
handwriting used in any other signature on the petition, and no signature shall be
counted unless all required information of the signer is shown, or unless it is signed
exactly as the name of the voter appears on the official copy of the current qualified
voters list. Before the signatures on any petition paper may be counted one of the
signers of such petition paper, a qualified voter shall make oath before the City
Secretary, or any other officer competent to administer oaths; that the statements
made therein are true, that each signature to the paper appended is the genuine
signature of the person whose name purports to be signed thereto, and that such
signatures were placed thereon in the person's presence. The petition shall otherwise
comply with this Charter and State law requirements.
G: SECTION 4.04 TO REQUIRE PETITIONS FOR INITIATIVE OR REFERENDUM TO BE FILED,
EXAMINED, AND CERTIFIED IN ACCORDANCE WITH STATE LAW AND THE CITY CHARTER
Sec. 4.04 Filing, examination and certification of petitions.
... In examiningthe petition, the Secretary shall write the letters "D.W'
(meaning "Disqualified Voter") in red ink opposite the names of signers found not
qualified pursuant to this Charter and State law ... .
* SECTIONS 4.07 AND 4.08 TO DELETE THE REFERENCE TO INITIATIVE PETITIONS, AND
TO ADD A REQUIREMENT THAT A RECALL PETITION MUST BE SIGNED AND VERIFIED IN
ACCORDANCE WITH THE REQUIREMENTS OF STATE LAW AND THE CITY CHARTER
Sec, 4.07 Power of Recall
.... The petition shall be signed and verified in the manner required by this
Charter's provisions and State law ... .
Sec. 4.08 Recall Election
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1: SECTION 4.09 TO REQUIRE THAT VACANCIES RESULTING AFTER A SUCCESSFUL RECALL
ELECTION BE FILLED IN THE MANNER PROVIDED FOR BY STATE LAW
Sec. 4.09 Results of recall election
If the majority of legal votes cast at a recall election be "in favor of" the recall of
the official, a special election for the filling of the vacancy shall be called and held in
accordance with State law and with the provisions of this Charter on elections. An
officer thus removed shall not be eligible to hold office again in the City of Georgetown
within a period of four (4) years from the date of that officer's recall.
J: SECTION 4.12 TO REQUIRE COMPLIANCE WITH STATE LAW IN THE EVENT THAT A
RECALL ELECTION IS NOT CALLED UPON RECEIPT OF A PROPER RECALL PETITION
Sec. 4.12 Failure of City Council to call a recall election
If all of the requirements of this Charter have been met and the Council fails or
refuses to receive the recall petition, or order the recall election, or discharge any other
duties imposed upon the Council by the provision of this Charter with reference to this
recall, then any citizen who is a registered voter of Georgetown may file, with the
District Court of Williamson County, Texas, a writ of mandamus seeking to force the City
to call the election in accordance with State law.
K: SECTION 5.08 TO PROVIDE THAT A JUDGE OF MUNICIPAL COURT MAYBE REMOVED
IN ACCORDANCE WITH STATE LAW
Sec. 5.08. Judge of the Municipal Court.
.... The Judge of the Municipal Court may be removed in accordance with State
law....
L.: SECTION 6.02 TO REQUIRE OPEN PUBLIC MEETINGS ON THE BUDGET PRIOR TO
ADOPTION IN CONFORMANCE WITH STATE LAW
Sec. 6.02. Budget preparation and adoption
Budget Workshop(s) shall be held within the City limits of Georgetown in
meeting(s) open to the public prior to the adoption of the Budget ... .
M: SECTION 6.22 TO REQUIRE DISINTERESTED CITY AUDITORS IN ACCORDANCE WITH
STATE LAW
Sec, 6.12 Independent audit.
At the close of each fiscal year, and at such other times as it may be deemed
necessary, the Council shall cause an independent audit to be made of all accounts of
the City by a certified public accountant The certified public accountant(s) shall be
selected by and shall report directly to the Council. Further, the certified public
accountant(s) so selected shall have no personal or business interest, directly or
indirectly, in the financial affairs of the City or any of its officers or officials, nor shall the
selected accountant(s) have any business interest with the City, other than the provision
of independent auditing services related to the accounts of the City. Upon completion
of the audit, and upon presentation to and acceptance by the Council of the final audit
report, the results shall be published as soon as possible in a newspaper of general
circulation within the City of Georgetown and copies placed on file in the City
Secretary's office as public record.
N: SECTION 7.01 TO REQUIRE TAXATION TO BE IN ACCORDANCE WITH STATE LAW
Sec. 7.01 Taxation
The Council shall establish a taxation process to assess and collect city taxes. The
City Manager shall recommend and the Council shall appoint a person or entity to act as
the City's Tax Assessor -Collector. The City's appointed Tax Assessor -Collector shall give
a surety bond for the faithful performance of all responsibilities and duties of the office,
as prescribed by the City Council and State law.
0: SECTION 9.02 TO BE CONSISTENT WITH THE REQUIREMENTS OF STATE LAW
REGARDING AVAILABILITY OF RECORDS
Sec. 9.02 Publicity of Records
All records and accounts of every office, division, department, or agency of the
City shall be open to the public as provided by applicable State and Federal law.
P: SECTION 9.06 TO REFER TO THE OATH OF OFFICE AS REQUIRED BY STATE LAW
Sec, 9.06. Oath of office
All officials and officers of the City shall, before entering upon the duties of their
respective offices, take and subscribe the official oath prescribed by State law. The oath
of office shall be administered by the Mayor, Mayor Pro Tem, City Secretary or any
other person authorized by law to administer oaths.
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Sec. 1.01. Incorporation.
Sec. 1.02. General powers.
Sec. 1.03. Form of government.
Sec. 1.04. Streets and public property.
Sec. 1.05. Street development and improvements.
See. 1.06. Annexation and disannexation of territory
Sec. 1.06A. Plats and blocks.
See. 1.07. Urban development, redevelopment and renewal.
Sec. 1.08. Comprehensive plan.
Sec. 1.09. The Planning and Zoning Commission,
Article Ii. The Coup it
Sec.
2.01.
Number, selection, and term of office.
Sec.
2.02.
Qualifications.
Sec.
2.03.
'Vacancies.
See.
2.04.
Powers of the Council.
Sec.
2.05.
Investigative body.
Sec.
2.06.
Mayor and Mayor Pro Tem.
See.
2.07.
City Secretary.
Sec.
2.08.
Meetings of Council.
Sec.
2.09.
Rules of procedure.
Sec.
2.10.
Procedure to enact legislation.
Sec.
2.3.1.
Publication of ordinance.
Sec.
2.12,
Code of ordinances.
Sec.
2.38.
Emergency powers of mayor.
Sec.
2.14.
Boards, Commissions and Committees.
See.
2.15.
Remuneration to Mayor and Council.
Sec.
2.16.
Personnel policy.
Article III. Elections
Sec, 3.01. General election.
Sec. 8.02. Regulation of elections.
*Editor's mote` --The Home Rule Charter was amended at an election held Apr. 5, 1986,
called by Ord. No. 56-12, adopted Feb. 25, 1986. Amendment No. I specified that all pertinent
sections be amended to make nouns and pronouns neuter in gender and replacing "Council-
man" with "Councilmember." This has been done throughout the Charter without further
reference to Ord. No. 86-12, Amend. No. 1. Other sections which have been amended by Ord.
No. 86-12 (and future ordinances) will be accompanied by a history note giving the amendment
number.
Supp. No. 2 CE- TP1
Sec_ 7.02. Taxation powers.
Seo. 7.03. Tax appraisal, assessment and collection.
Sec. 7.04. Tax payments due.
Sec. 7.05. Tax liens.
Sec.
8.01.
Sec.
8.02.
Sec.
8.03.
Sec.
8.04.
Sec.
5.05.
Sec.
8.06.
Sec.
Sec.
See.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
See.
See.
See.
Sec.
Sec.
Sec.
Sec.
Sec.
9.01.
9.02.
9.03.
9.04,
9.05.
9.06.
9.0'7.
9.08.
9.09.
9.10.
9.11,
9.12.
9.13.
9.14.
9.15.
9.16-
9.15.
9.17.
9.18,
9.19.
Article VM. Franchise and Public Utility
Powers of the City.
Inalienability of control of public property.
Franchise; power of the City Council.
Regulation of franchise.
Regulation of rates.
Grant not to be exclusive.
Article M General Provisions
Nepotism.
Publicity of records.
Improper acts.
Political activity.
Officer, employees, and penalties.
Oath of office.
Notice of claims.
Assignment, execution, and garnishment.
Effect of Charter on existing law.
Construction of Charter.
Applicability of general laws.
Judicial notice.
Severability clause.
Amending the Charter.
Rearrangement and renumbering.
Ethics review.
Interim municipal government.
Submission of Charter to voters.
Disaster clause.
Nonsubstantive Charter Amendments,
Supp. No. 2 CAT:3
Sec. 3.03. Filing of candidates.
Sec. 3.04. Canvassing election and declaring results.
Sec. 3.05. Notification and qualification of City officers.
Sec. 3.06. Special elections.
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Sec.
4..01.
Power of initiative.
Sec.
4.02.
Power of referendum.
Sec.
4.03.
Form of petitions.
Sec.
4.04.
Filing, examination and certification of petitions.
Sec.
4_05.
Council consideration and submission to voters.
Sec.
4.06.
Results of referendum elections.
Sec.
4.07.
Recall of City Officials.
Sec.
4.08.
Recall petition.
Sec.
4.09.
Results of recall election.
Sec.
4.10.
Limitation on recall.
Sec.
4.11.
Public hearing to be held.
Sec.
4.12.
Failure of City Council to call a recall election.
Article V. Administrative Organization
Sec. 5.01. The City Manager.
Sec. 5.02. Powers and duties of the City Manager.
Sec. 5.03. Administrative divisions and departments.
Sec. 5.04. Directors of divisions.
Sec. 5.05. Divisional and departmental organization.
Sec. 5.06. CityA.ttomey.
Sec. 5.07. Municipal Court.
Sec. 5.03. Judge of the Municipal Court.
Sec. 6.09. Clerk of the Court.
Sec. 5.10. Official bonds for City employees.
Supp. Na. 2 CHT:2
Article VI. Finance
Sec.
6.01.
Fiscal year.
Sec.
6.02.
Budget preparation and adoption.
Sec.
6.03.
Appropriations.
Sec.
6.04.
Budget amendments and emergency appropriations.
Sec.
6.05.
Borrowing to meet emergency appropriations.
See.
6.06.
Borrowing in anticipation of property taxes.
Sec.
6.07.
Depository.
Sec.
6.08.
General obligation bonds.
Sec.
6.09.
Revenue bonds and Obligations.
Sec.
6.10.
Sale of bonds and Obligations.
Sec,
6.11.
Purchase procedure.
Sec.
6.12.
Independent audit.
Article VII. Taxation
Sec.
7.01.
Taxation.
Supp. Na. 2 CHT:2
HOME MULE CH.ARTI;R § 1.02
191MON t:
We, the Citizens of Georgetown, Texas, dedicated to the principle of local self-government,
under lav, as interpreted by the light of reason, and administered to secure justice, do invoke
theguidance of God in establishing a municipal government, and do hereby ordain and
establish this Home Rule Charter in accordance with the statutes of the State of Texas; and do
hereby declare the residents of the City of Georgetown, in Williamson County, Texas, living
within the legally established boundaries of the said City, to be a political subdivision of the
State of Texas incorporated forever under the name and style of the "City of Georgetown" with
such powers, rights and duties as are herein provided.
Sec. 1.01. Incorporation.
The inhabitants of the City of Georgetown, V illilamson County, Texas, residing within its
corporate limits as heretofore or hereafter established, are hereby constituted and shall
continue to be a municipal body politic and corporate in perpetuity under the name of the "City
of Georgetown," hereinafter referred to as the "City" with such powers, privileges, rights,
duties and immunities as are herein provided.
The City shall have all the powers granted to cities by the Constitution and laws ofthe State
of Texas together with all of the implied powers necessary to carry into execution such granted
powers. The City may use a corporate seal; may sue and be sued; may contract and be
contracted with; may cooperate with the government of the State of Texas or any agency or any
political subdivision thereof; or with the federal government or any agency thereof, to
accomplish any lawful purpose for the advancement of the interest, welfare, health, morals,
comfort, safety, and convenience of the City and its inhabitants; may acquire property within
or without its corporate limits for any municipal purpose in fee simple, in or any lesser interest
or estate, by purchase, gift, device, lease or condemnation, and, subject to the provisions of this
Charter, may sell, lease, mortgage, hold, manage, improve, and control such property as may
now or hereafter be owned by it; may pass ordinances and enact such regulations as may be
expedient for the maintenance of good government, order and peace of the City and the
welfare, health, morals, comfort, safety, and convenience ofits inhabitants. The powers hereby
conferred upon the City shall include, but are not restricted to, the powers conferred expressly
and permissively by Chapter 147, Page 307, of the Acts of the 33rd. Legislature, Regular
Session enacted in 1915 pursuant to the Howe Rule Amendment of the Constitution of Texas,
known as the Enabling Act and including Articles 1175, 1176, 1177, 1178, 1180, of Vernons
Annotated Civil Statutes of Texas, as now or hereafter amended, all of which are hereby
adopted. In addition to the powers enumerated herein, and subject only to the limitations
imposed by the State Constitution, the State laws, and this Charter, the City shall have,
without the necessity of express enumeration in this Charter, each and every power which, by
Supp. No. 2 CH`l.5
§ 1.02
GEORGETOWN CODE
virtue ofArticle XI, Section 5 of the Constitution of Texas, the people of the City are empowered
by election to grant to or confer upon the City by expressly and specifically granting and
enumerating the same herein. All such powers, whether expressed or implied, shall be
exercised and enforced in the manner prescribed in this Charter; or when not prescribed
herein, in such manner as shall be provided by ordinance or the Council.
The municipal government provided by this Charter shall be, and shall be known as
"Council -Manager Government." Pursuant to the provisions of and subject only to the
limitations imposed by the State Constitution, the State Iaws, and this Charter, all powers of
the City shall be vested in and exercised by an elective Council, hereinafter referred to as "tine
City Council" which shall enact legislation, adopt budgets, determine policies, and appoint the
City Manager who shall execute the Iaws and administer the government of the City.
Sec. L04. Streets and public property.
The City shall have exclusive dominion, control and jurisdiction in, upon, over and under
the public streets, sidewalks, alleys, highways, public squares and public ways (except those
under State control if required by State Iaw) that are within the corporate limits of the city, and
in, upon, over, and under all public property of the City. With respect to each and every public
street, sidewalk, alley, highway, public square, public park or other public way (except those
under State Control if required by State Iaw) that are within the corporate limits of the City,
the City shall have the power to establish, maintain, improve, alter, abandon, or vacate the
same; to regulate the use thereof including but not limited to the right to erect traffic signals,
lights and signs thereon; and to abate and remove in a summary manner any encroachment
thereon.
(Res. No. 050603-B, 5-3-03)
The City shall have the power to develop and improve, or cause to be developed and
improved, any and all public streets or ways (except those under State control and if required
by State law) within the corporate limits of the City by Iaying out, opening, narrowing,
widening, straightening, extending, lighting, and establishing building lines along the same,
by purchasing condemning, and taping property therefor; by filling, grading, raising, lowering,
paving, repaving, and repairing, in a permanent mariner, the same; and by constructing,
reconstructing, altering, repairing, and realigning curbs, gutters, drains, sidewalks, culverts,
and other appurtenances and incidentals in connection with such development and improve-
ment authorized hereinabove, or any combination or parts thereof. The cost of such develop-
ment and improvement may be paid partly or entirely by assessments levied as a Lien against
the property abutting thereon and against the owners thereof, and such assessments may be
levied in any amounts and under any procedure not prohibited by State law; provided, that no
assessment shall be made against such land or owners in excess of the enhancement in value
of such property occasioned by such improvement.
Supp. No. 2 CHT:6
HOME RULE CHARTER i
If improvements be ordered constructed in any part of any such area used or occupied by the
tracks or facilities or any railroad or public utility, then the City Council shall have power to
assess the whole cost of improvements in such area and the added costs of improvements in
areas adjacent thereto made necessary by such use or occupancy against such railway or
utility, and shall have power, by ordinance, to provide for the enforcement of such assessment.
As an alternate and cumulative method of developing, improving, and paving any and all
public streets, sidewalks, alleys, highways, and other public ways (except those under State
control if required by State law) within its corporate limits, the City shall have the power and
authority to proceed in accordance with Chapter 106, Page 489, Acts 1927, Fortieth Legisla-
ture, First Called Session, as now or hereafter amended, the same being Article 1105b of the
Vernon's Annotated Civil Statutes of Texas.
(Res. No. 050603-B, 5-3-03)
(1) Annexation. The City Council may ft the boundary limits of the City by any of the
following methods:
(a) Upon the introduction and passage of the ordinance in compliance with all require-
ments of this Charter and State law, with or without the consent of the voters and/or
landowners in the area to be annexed; or
(b) Upon the request by written petition of a majority of qualified voters and landowners
in the area requesting annexation subject to procedural rules as provided by State law
and the passage of an annexation ordinance in response to the petition procedure; or
(c) By election, in accordance with applicable State law.
(2) Annexed Territory. The inhabitants ofannexed territory are entitled to all the rights and
privileges of city citizenship, and are bound by all such duties of citizenship. The inhabitants
of any annexed territory are bound by all the acts, resolutions, ordinances, and regulations of
the City:
(3) Disannexation. The City Council may detach and disannex any territory within the city
limits by any of the following methods:
(a) Upon
the introduction and
passage of the ordinance
in compliance with all require-
ments
of State law, with or
without the consent of the
voters and/or landowners in the
area disannexed;
(b) Upon the request by written petition of a majority of qualified voters and landowners
in the area proposed for disannexation in compliance this Charter, State law, and the
passage of an ordinance in response to the petition procedure.
(Res. No. 050603-B, 5-3-03; Ord. No. 86-12, Amend. No. 2, 2-25-86)
Supp. No. 2 CHT 7
§ 1.06A GEORGETOWN CODE
An owner of any property within the City limits or within the extraterritorial jurisdiction of
the City which is platted into blocks and lots shall comply with all requirements of Chapter
231, Page 342, Acts of the 40th Legislature, 1327, as amended (Article 974a, Vernons
Annotated Civil Statutes) and all other applicable laws, ordinances and charter provisions as
amended.
(Ord. No. 86-12, Amend. No. 2, 2-25-86)
! r r c- tau -r -, - • r:r-r . r rl r^++.
The City shall have the power to carry out slum clearance, public housing, and urban
redevelopment and renewal projects. For these purposes it may acquire land by eminent
domain, may contract or cooperate with the State or Federal Governments or any agency
thereof, may invest its funds, and borrow or accept money.
(1) Purpose and Intent. It is the purpose and intent of this Article that the City Council
establish comprehensive planning as a continuous and ongoing governmental function in order
to promote and strengthen the existing role, processes and powers of the City of Georgetown
to prepare, adopt and implement a comprehensive plan to guide, regulate, and manage the
future development within the corporate limits and extraterritorial jurisdiction of the City to
assure the most appropriate and beneficial use of land, water and other natural resources,
consistent with the public interest. Through the process of comprehensive planning and the
preparation, adoption and implementation of a comprehensive plan, the City intends to
preserve, promote, protect and improve the public health, safety, comfort, order, appearance,
convenience and general welfare; prevent the overcrowding of land and avoid undue concen-
tration or diffusion of population or Iand uses; facilitate the adequate and efficient provision
of transportation, water, wastewater, schools, parts, recreational facilities, housing and other
facilities and services; and conserve, develop, utilize and protect natural resources.
It is further the intent of this Article that the adopted comprehensive plan shall have the
legal status set forth herein, and that all public and private development should be in
conformity with such adopted comprehensive plan or element or portion thereof
(2) The Comprehensive Plan. The Council shall adopt by ordinance a revised comprehen-
sive plan within two (2) years from the date the amended Charter is adopted, which shall
constitute the master and general plan. The comprehensive plan shall contain the Council's
policies for growth, development and beautification of the land within the corporate limits and
the extraterritorial jurisdiction of the City, or for geographic portions thereof including
neighborhood, community or area -wide plans. The comprehensive plan should include but not
be limited to:
(a) A future land -use element;
(b) A traffic circulation and public transit element;
Supp. No. 2 CHT, -8
HOME RULE CHARTER § 1.09
(c) A wastewater, electric, solid waste, drainage and potable water element;
(d) A conservation and environmental resources element;
(e) A recreation and open space element;
M A housing element;
(g) A public services and facilities element, which shall include but not be limited to a
capital improvement program;
(h) Apublic buildings and related facilities element;
(i) An economic element for commercial and industrial development and redevelopment;
(j} Health and human service element;
(k) Historic preservation element;
(1) Citizen participation element; and
(m) Urban design element.
(n) Public safety element.
The several elements of the comprehensive plan should be coordinated and be internally
consistent. Each element should include policy recommendations for its implementation and
should be implemented, in part, by the adoption and enforcement of appropriate land
development regulations. The comprehensive plan shall be amended only once per year and
revised not more than once every five (5) years unless such amendment or revision is adopted
by a majority plus one of the City Council. An amendment is defined as a minor change in the
plan. A revision is defined as a substantial change to the plan.
(3) Legal Effect of Comprehensive Plan. Upon adoption of a comprehensive plan or element
or portion thereof by the City Council, all land development regulations, including zoning and
map, subdivision regulations, roadway plan, all public improvements, public facilities, public
utilities projects and all city regulatory actions relating to land use, subdivision and
development approval, should be consistent with the adopted comprehensive plan, element or
portion thereof.
(4) Legal Effect of Prior Comprehensive Plan. Any comprehensive plan or element or
portion thereof adopted pursuant to law, but prior to the effective date of this Charter shall
continue to have such force and effect as it had at the date of its adoption, until further action
pursuant to this section is taken by the City Council.
(Res. No. 050603-B, 5-3-03; Amended by voters in the May 1994 General Election; Ord. No.
880170, Amend. No. 1, 5-10-88; Ord. No. 86-12, Amend. No. 3, 2-25-86)
There shall be established by ordinance a Planning and ironing Commission composed of at
least fve (5) citizens of the City of Georgetown who must be registered voters in the City of
Georgetown and must have resided within the city for one (1) year next preceding their
Stipp. No. 2 CHT:9
§ 1.09 GEORGETOWN CODE
appointment. The Mayor and Council shall be responsible for appointing a Commission which
is broadly representative as a whole. Members shall be drawn, for example, from different
residential areas, different racial and ethnic groups, different occupations and professions,
different interest groups. The Commission shall be responsible to and act as an advisory body
to the Council and shall perform such additional duties and exercise such additional powers as
may be prescribed by ordinance of the Council not inconsistent with the provisions of this
Charter.
(Ord. No. 880170, .Amend. No. 2, 5-10-88; Ord. No. 86-12, Amend. No. d, 2-25-86)
R-1 01 VISO a us f Mi HIRN 'f
The Council shall be composed of seven (7) Councilmembers elected from single -member
districts and a Mayor elected at -large, each of whom unless sooner removed under the
provisions of the Charter, shall serve for three-year terms, from the first meeting of the Council
following the Councilmember's election until the first meeting of the Council following the
election two (2) years later, or until the councilmember's successor has been elected and duly
qualified.
Four (4) members of the Council shall be elected each odd -numbered year and three (3)
members and a Mayor each even -numbered year.
Councilmembers must reside m the districts from which they are elected except that
Councilmembers may complete the terms to which they were elected if district boundaries are
changed during their terms causing their residences no longer to be within the districts from
which they were elected.
The authority to adopt council district boundaries shall reside in the council. The council
may revise district boundaries from time to time and shall adopt district boundaries within one
year after the publication of each united States decennial census.
Councilmembers and Mayor shall be elected for three-year terms, which shall begin with
the general election to be held in 1995, and the terms shall be staggered such that three
Council members are elected in one year, the Mayor and two Council members are elected in
the following year and two Councilmembers are elected the last year. For the staggering of the
initial three-year terms, the following procedure shall apply:
(1) In 1995, Councilmembers shall be elected for Districts 1, 3, 4 and 5. Following the
election, the Councilmembers shall draw lots to serve either a three-year term (2
members) or a two-year term (2 members).
(2) In 2996, the Mayor shall be elected for a three-year teats, and Councilmembers shall
he elected for Districts 2, 6 and 7. Following the election, the Councilmembers shall
draw lots to serve either a three-year term (2 members) or a two-year term (I member).
Supp. No. 2 CHT:10
5 2.04
(3) In 1997, the two Districts whose Councilmembers serve two-year terms shall elect
Councilmembers for three-year terms. All succeeding elections shall be to elect
Councilmembers for three-year terms in compliance with this Charter.
1994 M, 21 6,7
1995 1, 31 4, 5 -draw straws as to terms: 3 yr. terms (2), 2 yr. terms (2)
1996 M, 22 67 7 - Mayor = 3 yrs.; drain straws as to terms; 3 yr. terms (2), 2 yr. terms
(1)
1997 1995 2 yr. terms (2)
1998 1995 3 yr. terms (2)
1996 2 yr. terms (1)
1999 Mayor
1996 3 yr. terms (2)
2000 1996 3 yr. terms (2)
(Amended by voters in May 1994 General Election; Ord. No, 880170, Amend. No. 3, 5-10-88)
Sec. 2.02. Qualifications.
At the time of election to office, each Couneilmember and the Mayor shall be at least
twenty-one (21) years of age, shall be a citizen and qualified voter of the State of Texas and the
City of Georgetown and a resident of the Council District the member -would be representing
for a period of twelve (12) months as of the last legal date for filing. No member of the Council
shall hold any other'office or employment under the City Government while a member of said
Council, nor hold any paid employment under the City Government within two (2) years
thereafter. A. member of the Council ceasing to reside in the City shall immediately forfeit that
office.
(Amended by voters in the May 1994 General Election; Ord. No. 86-12, Amend. No. 5, 2-25-86)
Sec. 2.43. Vacancies.
When a vacancy occurs in the Council, the vacancy shall be filled at a special election called
for this purpose within one hundred and twenty (1.20) days after the vacancy or vacancies occur
in compliance with Article XI, Section 11 ofthe Texas Constitution and other applicable State
laws.
(Res. No. 050603-B, 5-3-03)
Sec. 2.04. Powers of the Council.
All powers and authority which are expressly or impliedly conferred on or possessed by the
City shall be vested in and exercised by the Council; provided, that the Council shall have no
power to exercise those powers which are expressly conferred upon City officers by this
Charter or under the laws of the State ofTexas. The compensation of all appointive officers and
Supp_ Na 2 CRT:11
$ 2.04 GEORGETOWN COTE
employees shall be fixed by the City Council, who may increase or diminish such compensation
at will or abolish, except those required by this Charter or the laws of the State of Texas, and
create any appointive office at any time.
(Ord. No. 86-12, Amend. No. 6, 2-25-86)
The Council shall have the power to inquire into the official conduct of any division
department, agency, office, officer, or employee of the City, and for that purpose shall have the
power to administer oaths, subpoena witnesses, compelling the production of books, papers,
and other evidence material to the inquiry. The Council shall provide by ordinance, penalties
for contempt in failing or refusing to obey any such subpoena or to produce any such books,
papers or other evidence, and shall have the power to punish any such contempt in the manner
provided by such ordinance.
(Ord. No. 86-12, Amend. No. 7, 2-25-86)
The Mayor shall preside at all meetings of the Council and shall be recognized as head of the
City government for all ceremonial purposes, for the purpose of receiving services of civil
process, for emergency purposes, and for military purposes; but the Mayor shall have no
regular administrative duties. The Mayor, as a member of the Council, shall be entitled to vote
only in case of a tie upon all affairs considered by the Council and shall have no veto power. At
its first meeting following each regular election of Councilmembers, the Council shall, by
election, designate one of its number as Mayor Pro Tem, who shall serve in such capacity
during the pleasure of the Council. The Mayor Pro Tem shall act as Mayor during the absence
or disability of the Mayor, and shall have power to perform every act the Mayor could perform
if present; provided, however, that in all cases the Mayor Pro Tem shall be entitled to vote.
(Ord. No. 86-12, Amend. No. 8, 2-25-86)
Sec, 2.07. City Secretary.
The Council shall appoint the City Secretary, who shall serve at the pleasure of the Council.
The City Secretary shall keep the records of the Council, and shall have such other duties and
responsibilities as may be assigned by this Charter and the Council. The City Secretary shall
appoint such assistants as may be authorized by the Council.
Sec. 2.08. Meetings of Council.
There shall be regular meetings of the City Council which shall be held at such times and
places as shall be prescribed by ordinance or resolution. Special meetings may be called at any
time by the City Secretary upon the request of the Mayor, the City Manager, or three (3)
Councilmembers. Notice of special meetings shall be given to all members of the Council who
are not absent from the City; provided, however, that any member of the Council who did not
receive notice of a special meeting may, either before or after such special meeting is held,
Supp. No. 2 CHTw12
HOME RULE CHARTER § 2.10
waive such notice. It shall not be necessary to give notice to a Councilmember of a special
meeting held at a time when such Councilmember is absent from the City, and it shall not be
necessary for such absent Councilmember to waive such notice.
The Council shall by ordinance determine its own rules and order of business. The Mayor
and a majority of the members of Council shall constitute a quorum, and in the Mayor's
absence, a majority plus one of the members of Council shall constitute a quorum. Legislation
may not be enacted unless it is adopted by a vote of not less than a majority of the members
of the Council. Should the Council be reduced to less than a majority plus one of the members
of Council by death, resignation, nonresidence or for any other reason, the remaining members
ofthe Council shall constitute a quorum for the purpose of filling vacancies. Should the Council
be reduced to less than a majority plus one of the members of Council by death, resignation,
nonresidence, or for any other reason, the remaining members of the Council shall constitute
a quorum for the purpose of filling vacancies and for the purpose of taking an emergency action
to protect the life, health, safety, property and welfare of the public. Such emergency action
shall take effect only upon the unanimous approval of the then remaining members of the
Council. The Council may adopt such rules, and prescribe such penalties as it may see fit to
enforce the attendance of its members at all regular and called meetings of the Council or its
committees. Minutes of all meetings of the Council shall be taken and recorded in the form and
manner required by state law, and such minutes shall constitute a public record.
(Res. No. 050603-8, 5-3-03; Ord. No. 880170 § 5 (part), 5-10-88; Ord. No. 86-12, Amend. No. 10,
2-25-86)
See. 2.10. Procedure to enact legislation.
The Council shall legislate by ordinance, and the enacting clause of every ordinance shall
be: "Be it ordained by the City Council of the City of Georgetown." The City Attorney shall
approve all ordinances adopted by the Council, as to the legality thereof, or shall file with the
City Secretary written legal objections thereto. Evidence of approval of an ordinance by the
CityAttorney may be by notation on the ordinance itself, or by separate paper or instrument.
Every ordinance enacted by the Council shall be signed by the Mayor, Mayor Pro Tem, or by
two (2) Councilmembers and shall be filed with and recorded by the City Secretary. All
ordinances shall be read in open meeting of the Council at two (29) open meetings of the Council
on two (2) separate days; the second such reading shall occur not less than ten (10) days
following the first such reading; provided, that the secondary reading required herein shall be
sufficient if read by descriptive caption only. The actual reading of the ordinance on first
reading may be handled by the reading of the caption if the following provisions of the Charter
have preceded the first reading.
1. The caption of the
proposed
ordinance has been
published in
a newspaper of general
circulation within
the City
for a minimum of
seventy-two
(72) hours prior to the
meeting, and
Supp. No. 2 C 3T:18
§ 2.10
GEORGETOWN CODE
2. The proposed ordinance is filed with the City Secretary at least seven (7) days prior to
the meeting.
The City Council may require a fall reading of the proposed ordinance prior to adoption by a
vote of the majority of the Councilmembers present at the meeting. All ordinances, unless
otherwise provided by law or by the terms of such ordinance, shall take effect immediately
upon final passage thereof. The requirements for reading ordinances on two separate days may
be dispensed with where an ordinance relating to the immediate preservation of the public
peace, health, safety or welfare is adopted by the favorable vote ofnot less than a majority, plus
one, of all the Councilmembers qualified and serving, and contains a statement of the nature
of the emergency.
(Amended by voters in the May 1994 General Election; Ord. No. 880170 § 5 (part), 5-10-88;
Ord. No. 86-12, Amend. No. 11, 2_5-86)
Sec. 2.11. Publication of ordinance.
Except as otherwise provided by law or this Charter, the City Secretary shall give notice of
the enactment of every ordinance imposing any penalty, fine, or forfeiture for any violation of
any of its provisions, and of every other ordinance required by law or this Charter to be
published, by causing the said ordinance, or its caption and penalty, to be published at least
one (1) time within ten (10) days after final passage thereof or as soon thereafter as possible
in a newspaper of general circulation within the City. The affidavit of such publication by the
publisher of such newspaper taken before any officer authorized to administer oaths and filed
with the City Secretary shall be conclusive proof of the legal publication and promulgation of
such ordinance in all courts. Such ordinance shall take effect ten (10) days after the date of
such publication, provided that any penal ordinance passed as an emergency measure under
Section 2.10 of this .Article shall take effect immediately on its publication.
(Ord. No. 864-2, Amend. No. 12, 2-25-86)
Sec. 2.12. Code of ordinances.
The Council shall have the power to cause all general ordinances of the City to be compiled
and printed in code form. Every general ordinance enacted subsequent to such codification
shall be enacted as an amendment to this code. The Council shall cause all general ordinances
to be codified, recodified and reprinted whenever in its discretion such is deemed desirable, or
when such codification or recodifieation is required by law. When adopted by the Council, the
printed codes of general ordinances contemplated by this section shall be in full force and effect
without the necessity of such code or any part thereof being published in any newspaper. The
caption, descriptive clause, and other formal parts of the ordinances ofthe Citymay be omitted
without affecting the validity of such ordinances when they are published as a code.
Sec. 2.13. Emergency powers of mayor.
The Mayor of the City of Georgetown shall have such emergency powers as are provided by
this Cbarter's provisions, all applicable ordinances, and all other laws of the State of Texas.
(Res. No. 050603-$, 5-3-03)
Supp. No. 2 CHT:14
HOME RULE CHARTER § 3.01
The Council shall have the power to establish boards, commissions and committees to assist
it in carrying out its duties in accordance with State law.
Members of such bodies shall be recommended by the Mayor and appointed by a vote of the
majority of the Council in open meeting unless otherwise provided by law. Should the Mayor
fail to recommend and/or the Council fail to appoint the member(s) recommended by the
Mayor, a majority of the Council plus one may make the appointment(s) without a recommen-
dation of the Mayor.
(Ord. No. 880170, Amend. No. a, 5-10-88; Ord. No. 86-12, Amend. No. 13, 2-25-86)
The Mayor shall name a committee, composed of qualified voters, whose responsibility will
be to review, at least every two (2) years, the salaries of the Mayor and Councilmembers, and
make recommendations regarding those salaries_ The report of the committee shall be made at
a regular Council meeting and shall require an official act by Council to either enact, alter or
reject the recommendations. In all cases where action alters e2dsting salaries for Mayor and
Councilmembers, the changes in salaries will begin immediately following the neat election of
City officials.
(Ord. No. 86-12, Amend. No. 14, 2-25-86)
Sec. 2.16. Personnel policy.
The Council shall establish by ordinance a personnel policy which shall include, but shall
not be limited to, the following provisions. That:
(a) All employees of the City are employees at will, unless otherwise provided by the terms
of a written contract between the employee and the City, which has been formally
approved by the Council.
(b) Before disciplinary action may be taken as a result of a complaint against a City
employee, the complaint must be reduced to written form and a copy of the written
complaint must be provided to the affected employee.
(c) In the event of a suspension, demotion or termination of a City employee, the affected
employee shall be afforded the due process provided by the Personnel Policies of the
city.
(Res. No. 050603-B, 5-3-03)
Editor's note—An amendment of May 3, 2003, amended § 2.16 in its entirety to read as
herein set out. Formerly, § 2.16 pertained to the council to establish personnel policy and
derived from Ord. No. 86-1.9, Amend. No. 36A, adopted February 25, 1986.
i M50 M bin He ek
The regular City election shall be held annually on the first Saturday in May or on such date
as is otherwise required by State law, at which time officers shall be elected to fill those offices
Supp. Na. 2 C HT:15
$ 3.01 GEORGETOWN CODE
which become vacant that year. Said election shall be ordered by the Mayor, and in case of the
Mayor's failure to order the same, the Council of the City shall make such order. In the case
of the inability of the Mayor and the Council to act, the election may be called by the City
Secretary, and in case of the City Secretary's inability to act, by the County Judge of
Williamson County, Texas, and in case of the County Judge's inability to act, by the Governor
of the State of Texas. The Mayor of the City shall give notice of such election in the manner
required by law.
(Res. No. 050603-B, 5-3-03; Amended by voters in the May 1894 General Election; Ord. No.
86-12, Amend. No, 15, 2-25-86)
Sec. 3.02, Regulation of elections.
All elections shall be held in accordance with the laws of the State of Texas regulating the
holding ofmunicipal elections and/or in accordance with the ordinances adopted by the Council
for the conduct of election. The Council shall appoint the election judges and other election
officials and shall provide for the compensation of all election officials in the City elections and
for all other expenses of holding such elections.
Sec. 3.03. Filing of candidates.
Any qualified person who desires to become a candidate for election to City office shall file
application of candidacy with the City Secretary, in accordance with State lay. Such
application shall contain a sworn statement by the candidate that the candidate is fully
qualified to hold the office under the provisions of this Charter and State law.
(Res. No. 060603-8, 5-3-03; Ord. No. 86-12, Amend. No. 16, 2-25-86)
The returns of every municipal election shall be delivered forthwith by the Election Judges
to the Mayor and City Secretary. The Council shall canvass the returns, investigate the
qualifications of the candidates, and declare the official results of the election not later than
the first regular meeting following the delivery of the returns to the Mayor. The returns of
every municipal election shall be recorded in the minutes of the Council.
In every election for the office of Councilmember and for the office of Mayor, each qualified
voter shall vote for not more than one candidate for the district in which the voter and the
candidate reside and for not more than one candidate for the office of Mayor.
Where in an election for any office no candidate receives a majority of all the votes cast for
such office at such election, the Council shall, immediately upon declaring the official results
to the election, issue a call for a runoff election for every office to which no one was elected.
Such runoff election shall be held on a date set by the Council not earlier than the twentieth
day or later than the thirtieth day after the date of the final canvass of the main election is
completed. In such runoff election the two candidates who received in the preceding election
Supp. No. 2 CHT:16
HOlVIE RULE CHARTER § 4.02
the highest number ofvotes for each office to which no one was elected shall be voted on again,
and the candidate who receives the majority of the votes cast for each such office in the runoff
election shalt be elected to such office.
The decision of the Council as to the qualification of candidates shall be conclusive and final
for all purposes.
(Ord. No. 880170, Amend. No. 5, 5-10-88; Ord. No. 86-12, Amend. No. 17, 2-25-86)
Sec. 3.05. Notification and qualification. of City officers.
It shall be the duty of the City Secretary to notify all persons elected or appointed to office
of their election or appointment and all the newly elected or appointed officers may enter upon
their duties. Any officer elected or appointed must qualify by taking and subscribing the oath
of office within thirty (30) days; otherwise the office may be deemed vacant.
Sec. 3.06. Special elections.
The Council may by ordinance or resolution tail such special elections as are authorized by
the State law and this Charter, fix the day and place of holding same, and provide all means
for holding such special elections, provided that every special election shall be called and held
as nearly as practicable according to the provisions governing general elections.
Sec. 4.01. Power of initiative.
The people of the City reserve the power of direct legislation by initiative, and in the
exercise of such power may propose any ordinance, except ordinances appropriating money or
levying taxes, or ordinances repealing ordinances appropriating money or levying taxes, not in
conflict with this Charter, the State Constitution, or the State laws. Any initiated ordinance
may be submitted to the Council by a petition signed by qualified voters of the City, equal in
number to at least fifteen (15) per cent of the qualified voters of the City in the last municipal
election, but not less than two hundred fifty (250) qualified voters of the City.
The people reserve the power to approve or reject at the polls any legislation enacted by the
Council which is subject to the initiative process under this Charter, except that ordinances
authorizing the issuance of bonds (either tax bonds or revenue bonds), whether original or
refunding bonds, shall not be subject to such referendum. Prior to or within thirty (30) days
after the effective date of any ordinance which is subject to referendum, a petition signed by
qualified voters of the City equal in number to at least fifteen (15) per cent of the qualified
voters in the last municipal election but not less than two hundred fifty (250) qualified voters
of the City may be filed with the City Secretary requesting that any such ordinance be either
repealed or submitted to the vote of the people. When such a petition has been certified as
Supp. No. 2 CHT:17
§ 4,02 GEORGETOWN CODE
sufficient by the City Secretary, the ordinance specified in the petition shall not go into effect,
or if it shall have gone into effect, then further action thereunder shall be suspended until and
unless it is approved by the voters as herein provided.
(Ord. No. 86-12, Amend. No, 18, 2-25-86)
Sec. 4.03. Form of petitions.
Initiative petition papers shall contain the full text of the proposed legislation in the form
of an ordinance, including a descriptive caption. Referendum petition papers shall contain a
sufficient description of the: ordinance sought to be referred to identify it, or if the ordinance
has been passed by the Council, the foil text of the ordinance sought to be referred shall be
included in such papers. The signatures to the initiative or referendum petitions need not be
all appended to one (1) paper, but each signer shall sign his name in ink or indelible pencil,
together with a notation shouting the signer's residence address and day, month and year of
signing. No signature shall be counted where there is reason to believe it is not the actual
signature of the purported signer or that it is a duplication either of name or of handwaiting
used in any other signature on the petition, and no signature shall be counted unless all
required information of the signer is shown, or unless it is signed exactly as the name of the
voter appears on the official copy of the current qualified voters list. Before the signatures on
any petition paper may be counted one of the signers of such petition paper, a qualified voter
shall make oath before the City Secretary, or any other officer competent to administer oaths,
that the statements made therein are true, that each signature to the paper appended is the
genuine signature of the person whose name purports to be signed thereto, and that such
signatures were placed thereon in the person's presence. The petition shall otherwise comply
with State law requirements.
(Res. No. 050603-B, 5-3-03)
Sec. 4.44. Filing, examination and certification of petitions.
Within thirty (30) days atter an initiative or referendum petition is filed, the City Secretary
shall determine whether the same is properly signed by the requisite number of qualified
voters. The City Secretary shall declare void any petition paper which does not have an
affidavit attached thereto as required in Section 4.03 of this Article. In examining the petition,
the Secretary shall write the letters "D.V." (meaning "Disqualified Voter") in red ink opposite
the names of signers found not qualified, pursuant to this Charter and State law. After
completing examination of the petition, the Secretary shall certify the result thereof to the
Council at its next regular meeting. If the certificate of the City Secretary shall show an
initiative or referendum petition to be insufficient, the Secretary shall notify the person filing
the petition, and it may be amended within ten (10) days from the date of such notice by filing
a supplementary petition upon additional papers signed and filed as provided for in the
original petition. Within thirty (30) days after such amendment is filed, the Secretary shall
examine the amended petition and certify as to its sufficiency. If the amended petition is then
found to be insufficient, no further proceedings shall be had with regard to it.
(Res. No. 050603-B) 5-3-03)
Supp. No. 2 C171T.18
HOME RULE CHARTER § 4.07
TWINIMMINEMINVI-imp so I
When the Council receives an authorized initiative petition certified by the City Secretary
to be sufficient, the Council shall either: (a) pass the initiated ordinance without amendment
within thirty (30) days after the date of the certification to the Council; or (b) submit said
initiated ordinance without amendments to a vote of the qualified voters of the City at a
regular or special election to be held on the next uniform election date in order to comply with
State election laws; or (c) at such election submit to a vote of the qualified voters of the City
said initiated ordinance without amendment, and an alternative ordinance on the same
subject proposed by the Council. When the Council receives an authorized referendum petition
certified by the City Secretary to be sufficient, the Council shall reconsider the referred
ordinance, and if upon such reconsideration such ordinance is not repealed within thirty (30)
days, it shall be submitted to the qualified voters of the City at a regular or special election to
be held on the next uniform election date in order to comply with State election laws. Special
elections on initiated or referred ordinances shall not be held more frequently than once each.
six (g) months, and no ordinance on the same subject as an initiated ordinance which has been
defeated or on the same subject as a referred ordinance which has been approved at any
election may be initiated by the voters within two (2) years from the date of such election.
(Amended by voters in the May 1994 General Election)
Sec. 4.06. Results of referendum elections.
Any number of ordinances may be voted on at the same election in accordance with the
provisions of this Article. If a majority of the Iegal votes cast is in favor of an initiated
ordinance, it shall thereupon be effective as an ordinance of the City. A favorable vote of a
majority plus one of all Councilmembers qualified and serving be required to repeal or amend
an ordinance passed at a referendum election. A referred ordinance which is rejected by a
majority of the legal votes cast in a referendum election shall be deemed thereupon repealed.
(Ord. No. 880170 § 5 (part), 540-88)
Sec. 4.07. Recall of City Officials.
The people of the City reserve the power to recall any elected officer of the City of
Georgetown, on the grounds of incompetence, misconduct, or malfeasance in office, and may
exercise such power by filing a petition, as described herein, with the City Secretary.
A petition to recall the Mayor only shall be, signed by registered voters of the City equal in
number to at least fifteen (15) percent of the number of all of the registered voters in the City-
at
ityat the time of the last regular municipal election, demanding the removal of the Mayor. The
petition shall be signed and verified as required by this Charter's provisions and State Iaw.
A petition to recall a Council member shall be signed only by the registered voters of the
single member council district that the Council member represents, and the signatures must
be equal in number to at least fifteen (15) percent of the number of registered voters residing
Sapp. No. 2 CHT:19
§ 4,07 GEORGETOWN CODE
in that council district at the time of the last regular municipal election, demanding the
removal of their specific Councilmember. The petition shall be signed and verified as required
by this Charter's provisions and State law.
In
the
case of an election to
recall
the Mayor, any registered voter residing within the City
may
cast
a ballot on the issue
of the
.Mayor's recall.
In the case of an election to recall a Council member, only registered voters residing within
the single member council district represented by the Council member sought to be recalled
may cast a ballot on the issue of their Council member's recall.
(Res. No. 050603-8, 5-3-03)
Ed'itor's note—,An amendment of May 3, 2003, amended § 4.07 in its entirety to read as
herein set out. Formerly, § 4.07 pertained to the power of recall and derived from original
codification.
See. 4.08. Recall petition.
The recall petition shall be addressed to the City Council of the City of Georgetown, and
shall distinctly and specifically set out the factual basis and circumstances upon which the
petition for removal is predicated with sufficient specificity to give the official sought to be
removed notice of all matters and things with which the official is charged. If the petition is
certified by the City Secretary to be sufficient, the Council shall order and hold an election
forthwith to determine whether such officer shall be recalled.
(Res. No. 050603-B, 5-3-03)
Editor's nate—An amendment of May 3, 2003, amended § 4.08 in its entirety to read as
herein set out. Formerly, § 4.08 pertained to recall elections and derived from original
codification.
If the majority of the legal votes cast at a recall election be 'Sri favor of the recall of the
official, a special election for the filling of the vacancy shall be called and held in accordance
with State law and with the provisions of this Charter on elections. An officer thus removed
shall not be eligible to hold office again in the City of Georgetown within a period of four (4)
years from date of that officer's recall.
(Res. No. 050603-B7 5-3-03)
Sec. 4.10. Limitation on recall.
No recall petition shall be filed against an officer within six (6) months after the officer tabes
office, and no officer shall be subjected to more than one (1) recall election during a term of
office.
.. We -
The
e
The officer whose removal is sought may, within five (5) days after such recall petition has
been presented to the City Council, request that a public hearing be held to permit the officer
Supp. No. 2 CRT:20
HOME RULE CHARTER § 5.02
to present facts pertinent to the charges specified in the recall petition. In this event, the City
Council shall order such public hearing to be held, not less than five (5) days nor more than
fifteen (15) days after receiving such request for a public bearing.
See. 4.12. Failure of City Council to call a recall election.
If all of the requirements of this Charter have been met and the Council fails or refuses to
receive the recall petition, or order the recall election, or discharge any other duties imposed
upon the Council by the provision of this Charter with reference to this recall, then any citizen
who is a registered voter of Georgetown may file, with the District Court of Williamson County,
Texas, a writ of mandamus seeking to force the City to call the election in accordance with
State law.
(Res. No. 050608-B, 5-3-03)
See. 5.01. The City Manager.
The Council shall appoint a City Manager who shall be the chief administrative and
executive officer of the City. The City Manager shall be chosen by the Council solely on the
basis of executive and administrative training, experience and ability, and need not, when
appointed, be a resident of the City of Georgetown, however during the tenure of office, the
City Manager shall reside within the City.
The City Manager shall not be appointed for a definite term, but may be removed at the will
and pleasure of the Council by the vote of a majority of all Coun.cilmembers qualified and
serving. The action of the Council in removing the City Manager shall be final, it being the
intention of this Charter to vest all authority and fix all responsibility for such removal in the
Council. The City Manager shall receive such compensation as may be fixed by the Council.
No member of the Council shall, during the time for which the councilmember is elected or
for two (2) years thereafter, be chosen as City Manager.
The City Manager shall be responsible to the Council for the proper administration of all the
affairs of the City. The powers herein conferred upon the City Manager shall include, but shall
not be limited by, the following:
(a) To appoint and remove any officer or employee of the City except those officers and
employees whose appointment or election is otherwise provided for by State law or this
Charter;
(b) To perform such other duties as may be prescribed by this Charter or required by the
Council, not inconsistent with the provisions of this Charter.
(turd. No. 86-12, Amend. No. 19, 2-25-86)
Supp. No. 2 CH` .2Z
§ 5.03
GEORGETOWN CODE
Sec. 5.03. Admin 'strative divisions and departments.
There shall be such divisions and departments as are established by this Charter and as
may be established by ordinance, all of which shall be under the control and direction of the
City Manager. The Council may abolish or combine one (1) or more divisions or departments
created by it, and may assign or transfer duties of any divisions or departments of the City
from one division or department to another by ordinance.
(Ord. No. 86-12, Amend. No. 7, 2-25-86)
Sec. 5.04. Directors of divisions.
At the head of each division there shall be a director who shall be appointed, and who may
be removed, by the City Manager. Such directors shall have supervision and control over their
respective divisions, and may head any departments within a division. Two (2) or more
departments may be headed by the same individual, and the City Manager may temporarily
head one (1) or more divisions.
(Ord. No. 86-12, Amend. No. 7, 2-25-86)
Sec. 5.05. Divisional and departmental organization.
The work of each division shall be distributed among such departments as may be
established by ordinance. Pending passage of ordinances establishing departments or divi-
sions, the City Manager may establish temporary departments. :
(Ord. No. 86-12, Amend. No. 77 2-25-86)
Sec. 5.06. City Attorney.
The City Council shall appoint a competent attorney who shall have practiced law in the
State of Texas for at least two (2) years immediately preceding the appointment. The City
Attorney shall be the legal advisor of, and attorney for, all of the offices and departments of the
City, and shall represent the City in all litigation and legal proceedings. The City Attorney
shall draft, approve, or file written objections to every ordinance adopted by the Council, and
shall pass upon all documents, contracts and legal instruments in which the City may have an
interest.
There shall be such assistant City Attorneys as may be authorized by the Council and
appointed by the City Attorney with the approval of the City Council, and such assistant City
Attorneys shall be authorized to act for and on behalf of the CityAttorney. The City Attorney(s)
and any assistant Ci ty Attorney(s) serve solely at the -rill of the Council.
(Res. No. 050603-8, 5-3-03)
Sec. 5.07. Municipal Court.
There shall be a court Imown as the Municipal Court of the City of Georgetown, which court
shall be deemed always open for the trial of causes, with such jurisdiction, powers, and duties
as are given and prescribed by the laws of the State of Texas.
(Ord. No. 86-12, Amend_ No. 20, 2.25-56)
Supp. No. 2 CH`.22
The Municipal Court shall be presided over by a magistrate who shall be known as the
Judge of the Municipal Court. The Judge shall be appointed by the Council for a term of two
(2) years, from June first in even years until May thirty-first two (2) years later, or for the
portion of such term unexpired at the time of his appointment. Except as hereinafter provided,
the Judge of the Municipal Court shall be a competent attorney who at the time of the
appointment has practiced law for at least two (2) years and who is a resident of the City of
Georgetown; if a suitable resident of Georgetown cannot be found, the Council shall have the
power to appoint a practicing attorney in the City of Georgetown who resides in the
extraterritorial jurisdiction of said City, In the event an attorney with the above qualifications
is not available,"a citizen of this City considered qualified shall be appointed by the Council as
the Judge of the Municipal Court. The Judge of the Municipal Court may be removed in
accordance with State law.
In the event the Judge of the Municipal Court is temporarily unable to act for any reason,
the Council shall appoint a qualified person to act in the Judge's place. The Judge, or anyone
acting in the Judge's place, shall receive such compensation as may be set by the CouaciL
(Res. No. 050643-E, 5r3-03; Ord. No. 86-12, Amend. No. 20, 2-26-86)
Sec. 5.00. Clerk of the Court.
The Municipal Judge shall appoint, with the approval of the City Manager, a City employee
to serve as Clerk of the Municipal Court. The Clerk of the Municipal Court shall have the
power to administer oaths, make certificates, affix- the seal of said Court thereto and generally
do and perform any and all acts usual and necessary by Clerks of Courts in issuing processes
of said Court and conducting the business thereof.
(Ord. No. 86-12, Amend. No. 20, 2-25-86)
The City Manager and the City Secretary and such other officers and employees as the City
Council may require, shall, before entering upon the duties of their offices, enter into a good
and sufficient fidelity bond in a sum to be determined by the City Council, payable to the City
of Georgetown and conditioned upon the faithful discharge of the duties of such persons and
upon the faithful accounting for all monies, credits, and things of value coming into the hands
of such persons, and such bonds shall be signed as surety by some company authorized to do
business under the laws of the State of Texas, and the premium on such bonds shall be paid
by the City of Georgetown, and such bonds must be acceptable to the City Council.
Supp. No. 2 CHT.23
§ 6.01
See. 6.01. Fiscal year.
GEORGETOWN CODE
The fiscal year of the City shall begin on the first day of each October and end on the Iast
day of September of the succeeding year. All fiscal transactions of the City shall be accounted
for in accordance with generally accepted governmental accounting principles.
(Ord. No. 880170, Amend. No. 6, 5-10-88)
Budget Workshop(s) shall be held within the City limits of Georgetown in meeting(s) open
to the public prior to the adoption of the Budget. At least thirty (30) days prior to the end of
each fiscal year the City Manager shall submit to the Council a proposed budget presenting a
complete financial plan for the ensuing fiscal year. The budget shall be finally adopted not
later than the twenty-seventh day of the last month of the fiscal year. Should the Council take
no final action on or prior to such day the budget, as submitted, shall be deemed to have been
finally adopted by the Council. No budget shall be adopted or appropriations made unless the
total of estimated revenues, income and funds available shall be equal to or in excess of such
budget or appropriations, except as otherwise provided in this Article.
(Res. No. 050603-82 5-3-03)
Sec. 6.03. Appropriations.
From the effective date of the budget, the several amounts stated therein as proposed
expenditures shall be and become appropriated to the several objects and purposes named
therein. Except as provided in this Article no funds of the City shall be expended nor shall any
obligation for the expenditure of money be incurred, except pursuant to the annual budget as
adopted and as provided by this Article. At the close of each fiscal year, any unencumbered
balance of an appropriation shall revert to the fund from which appropriated and become
available for reappropriation for the next fiscal year. The Council may transfer any unencum-
bered appropriation balance or portion thereof from one division, office, department, or agency
to another at any time. The City Manager shall have authority, without Council approval, to
transfer appropriation balances from one expenditure account to another within a single
division, office, department, or agency of the City.
(Ord. No. 86-12, Amend. No. 7, 25-86)
The Council may authorize a vote by a majority plus one on an emergency expenditure as
an amendment to the original budget only in a case of grave public necessity to meet an
unusual and unforseen condition that could not have been included in the original budget
through the use of reasonable diligent thought and attention. Such amendments shall be made
by the Council after giving legal notice as specified in Texas State law. If the Council amends
the original budget to meet an emergency, the Council shall file a copy of its order or resolution
amending the budget with the City Secretary and the Secretary shall attach the copy to the
Supp. No. 2 CRT24
HOME RULE CHARTER ys 6.07
original budget. After the adoption of the budget or a budget amendment, the budget officer
shall provide for the filing of a true copy of the approved budget or amendment in the office of
the County Clerk of Williamson County.
Should the unappropriated and unencumbered revenues, income and available funds of the
City for such fiscal year not be sufficient to meet the expenditures under the appropriations
authorized by this section., thereby creating a deficit, it shall be the duty of the Council to
include the amount of such deficit in its budget for the following fiscal year, and said deficit
shall be paid off and discharged during the said following fiscal year.
(Ord. No. 880170, Amend. No. 7, 5-10-88; Ord. No. 86-12, Amend. No. 21, 2-25-86)
In the absence of unappropriated available revenues or other funds to meet emergency
appropriations under the provisions of the next preceding section [6.041, the Council may by
resolution, authorize the borrowing ofmoney to meet such deficit by the issuance of notes, each
of which shall be designated "Emergency Note" and may be renewed from time to time, but all
such notes of any fiscal year and any renewals thereof shall mature and be payable not later
than the last day of the current fiscal year in which the emergency appropriation was made,
as provided in the last preceding section [6.041.
Sec. 6.06. Porrowizig in anticipation of property taxes.
In any fiscal year, in anticipation of the collection of the ad valorem property tax for such
year, whether levied or to be levied in such year, the Council may by resolution authorize the
borrowing of money, not to exceed in any fiscal year an amount equal to ten (10) percent of the
budget for that fiscal year. Such borrowing shall be by the issuance of negotiable notes of the
City, each of which shall be designated, "Ta s.Anticipation Note for the Year 19" (stating the tax
year). Such notes shall mature and be payable not later than the end ofthe fiscal year in which
issued.
Sec. 6.07. Depository.
All moneys received by any person, department or agency of the City for or in connection
with affairs of the City shall be deposited promptly in the City depository or depositories,
which shall be designated by the Council in accordance with such regulations and subject to
such requirements as to security for deposits and interest thereon as may be established by
ordinance. All checks, vouchers, or warrants for the withdrawal of money from the City
depositories shall be signed by the Mayor and countersigned by the City Manager. Provided,
that the Council, under such regulations and limitations as it may prescribe, may by ordinance
authorize the use of machine -imprinted facsimile signatures of said Mayor and City Manager
on such cheeps, vouchers and warrants.
Supp. No. 2 C,HT*25
§ 6.08
GEORGETOWN CODE
. 1: .a rr sr r♦r�'
The City shall have the power to borrow money on the credit of the City and to issue general
obligation bonds for permanent public improvements or for any other public purpose not
prohibited by the Constitution and laws of the State of Texas, and to issue refunding bonds to
refund outstanding bonds of the City previously issued. All such bonds shall be issued in
conformity with the laws of the State of Texas.
I' '-•- r' r r t s a s ! r t
The City shall have power to borrow money for the purpose of constructing, purchasing,
improving, extending or repairing of public utilities, recreational facilities or any other
self-liquidating municipal function not prohibited by the Constitution and laws of the State of
Texas, and to issue revenue bonds and obligations in accordance with State law. Such bonds
and obligations shall be a charge upon and payable solely from the properties, or interest
therein, pledged, or the income therefrom, or both, and shall never be a debt of the City. All
such debts shall be issued in conformity with the laws of the State of Texas.
(Res. No. 050603-B75-3-03)
Editor's note --An amendment of May 3, 2003, amended § 6.09 in its entirety to read as
herein set out. Formerly, § 6.09 pertained to revenue bonds and derived from original
codification.
See. 6.10. Sale of bonds and Obligations.
All bonds and obligations of the City having been issued and sold in accordance with the
terms of this section, and having been delivered to the purchasers thereof, shall thereafter be
incontestable, and all bonds issued to refund and in exchange for outstanding bonds previously
issued shall, after said exchange, be incontestable.
(Res. No. 050603-8, 5-3-03)
Sec. 6.11. Purchase procedure.
The Council may, by ordinance, confer upon the City Manager general authority to contract
for expenditures without further approval of the Council for all budgeted items that do not
exceed the amount which requires compliance with the State competitive bidding/purchasing
laws. All contracts for expenditures involving more than the amounts which require compli-
ance with the State competitive bidding/purchasing laws must be expressly approved in
advance by the Council.
The Council shall develop and adopt purchasing policies to encourage and utilize local
business and service providers insofar as such policies are consistent with state law and
prudent expenditures of public funds.
(Res. No. 050603-B, 5-3-03; Amended by voters in the May 1994 General Election: Ord. No.
8642, Amend. No, 22, 2-25-86)
Supp. No. 2 C13T:26
See. 6.12. Independent audit.
§ 7.03
At the close of each fiscal year, and at such other times as it may be deemed necessary, the
Council shall cause an independent audit to be made of all accounts of the City by a certified
public accountant. The certified public accountant(s) shall be selected by and shall report
directly to the Council. Further, the certified public accountant(s) so selected shall have no
personal or business interest, directly or indirectly, in the financial affairs of the City or any
of its officers or officials, nor shall the selected accountant(s) have any business interest with
the City, other than the provision of independent auditing services related to the accounts of
the City. Upon completion of the audit, and upon presentation to and acceptance by the Council
of the final audit report, the results shall be published as soon as possible in a newspaper of
general circulation within the City of Georgetown and copies placed on file in the City
Secretary's office as public record.
(Res. No. 050603-8, 5-3-03; Ord. No. 86-12, Amend. No. 23, 2-25-86)
FA 61ty-y-19) MV I
Sec. 7.01. Taxation.
The Council shall establish a taxation process to assess and collect City taxes. The City
Manager shall recommend and the Council shall appoint a person or entity to act as the City's
Tax Assessor-CaUector. The City's appointed Tax Assessor -Collector shall give a surety bond
for the faithful performance of all responsibilities and duties of the office, as prescribed by the
City Council and State lay.
(Res. No. 050603-13, 5-3-03)
Editor's note—An amendment of May 3, 2003, amended § 7.01 in its entirety to read as
herein set out. Formerly, § 7,01 pertained to the taxation department and derived from. Ord.
No. 86-12, Amend. No. 24, adopted February 25, 1986.
Sec. 7.02. 'Taxation powers.
The City Council may levy, assess, and collect taxes of any type or character not prohibited
by the laws of the State of Texas.
(Ord. No. 86-12, Amend, No. 24, 2-25-86)
Appraisal, assessment and collection of takes shall be according to the requirements of the
Texas Property Tax Code or other law.
(Ord. No. 86-12, Amend. No. 24, 2-25-96)
x'Editor's note—Amendment No. 24 of Ord. No. 86-12, adopted Feb. 25, 1986, amended
Art. VII to read as set out in §§ 7.01.-7.05. The article formerly consisted of §§ 7.07.-7.08.
Supp. No. 2 CHT.27
§ 7.04 GEORGETOWN CODE
All City taxes are due and payable on or before the first day of February at the office of the
Tax Assessor -Collector. Taxes may be paid at any time after the tax rolls for the year have been
completed and approved. Takes paid after February 1 are delinquent and subject to penalties
and interest. The City Council may, by city ordinance, provide for payment of taxes by
installments. The Tax Assessor Collector's failure to levy or assess taxes does not relieve any
owner from tax liability on taxable property.
(Ord. No. 86-12, Amend. No. 24, Z-25-86)
Sec. 7.05. Tax liens.
All taxes levied by the City are a lien, charge, and encumbrance on the taxpayer's property
as of the first day of January in the year the tax is due. The City may enforce and foreclose,
in any court of proper jurisdiction, a lien on the property, regardless of the legal residency of
the property owner.
(Ord. No. 86-12, Amend. No. 24, 2-25-86)
Sec. 8.01. Powers of the City.
In addition to the City's power to buy, construct, lease, maintain, operate and regulate
public utilities and to manufacture, distribute and sell the output of such utility operations,
the City shall have further powers as may now or hereafter be granted under the Constitution
and laws of the State of Texas.
Prior to the consideration of a sale of the City's community -owned electric utility, the City
Council shall hold a public hearing during which the City's financial advisor shall present a
report to the City Council concerning the revenue that has been earned by the City's
community -owned electric utility throughout the City's ownership thereof: and an analysis of
the revenue to be lost by the City through the proposed sale of the electric utility.
There shall be two Council votes twelve months apart to call a referendum election
concerning the sale of the electric utility. The City shall then hold a referendum election which
must be favorably passed by a majority of the voters voting at the election.
(Amended by voters in the May 1994 General Elections)
See. 8.02. Inalienability of control of public property.
The right to control and use of public streets, highways, sidewalks, alleys, parks, public
squares, and public places of the City is hereby declared to be inalienable by the City, except
by ordinances not in conflict with the provisions of this Charter. No act or omission by the
Council or any officer or agent of the City shall be construed to grant, renew, extend, or amend,
Supp. No. 2 CHI28
i�o ♦. s11 i.
expressly or by estoppel or implication, any right, franchise or easement affecting said public
streets, highways, sidewalks, alleys, parrs, public squares, public places and other real
property, except as provided in this Charter.
Sea. 8.03. Franchises power of the City Council.
The City Council shall have the power by ordinance to grant, amend, renew and extend, all
franchises of all public utilities of every character operating within the City of Georgetown. All
ordinances granting, amending, renewing, or extending franchises for ,public utilities small be
read at two (2) separate regular meetings of the City Council, and shall not be finally passed
until thirty (30) days after the first reading and no such ordinance shall take effect until thirty
(30) days after its final passage; and pending such time, the full teat of such ordinances shall
be published once each week for four (4) consecutive weeks in a newspaper of general
circulation published in the City of Georgetown, and the expense of such publication shall be
borne by the proponent of the franchise. No public utility franchise shall be granted for a term
of more than twenty (20) years; no public utility franchise shall be transferable except with the
approval of the City Council expressed by ordinance.
(Ord. No. 86-12, Amend. No. 25, 2-25-86)
Every
grant,
renewal, extension, or
amendment
of a
public utility franchise, whether so
provided
in the
ordinance or not, shall
be subject to
the
right of the council:
(1) To forfeit any such franchise by ordinance at any time for failure of the holder thereof
to comply with the terms of the franchise. Such power shall be exercised only after
written notice to the franchise holder stating wherein the franchise holder has failed
to comply with the terms of the franchise and setting a reasonable time for the
correction of such failure, and shall be exercised only after hearing and after such
reasonable time has expired.
(2) To impose reasonable regulations to ensure safe, efficient and continuous service to the
public.
(3) To require such expansion, extension, enlargement and improvements of plants and
facilities as are necessary to provide adequate service to the public.
(4) To require every franchise holder to furnish to the City, without cost to the City, full
information regarding the location, character, size, length, and terminals of all
facilities of such franchise holder, in, over and under the streets, alleys, and other
public property of the City, and to regulate and control the location, relocation, and
removal of such facilities.
(5) To collect from every public utility operating in the City such proportion of the expense
of excavating, grading, paving, repaving, constructing, reconstructing, draining,
repairing, maintaining, lighting, sweeping, and sprinkling the streets, alleys, bridges,
culverts, viaducts, and other public places of the City as represents the increased cost
of such operations resulting from the occupancy of such public places by such public
Sugg. No. 2 CHT:25
3.04 GEORGETOWN CGDE
utilities, and such proportion of the costs of such operations as results from the damage
to or disturbance of such public places caused by such public utility, or to compel such
public utility to perform at its own expense, such operations as above listed which are
made necessary by the occupancy of such public places by such utility or by damage to
or disturbance of such public places caused by such public utility.
(B) To require every franchise holder to allow other public utilities to use its poles and
other facilities, including bridges and viaducts, whenever in the judgment of the
Council such use shall be in the public interest, provided that in such event a
reasonable rental shall be paid such owner of facilities for such use. Provided, further,
that inability of such public utilities to agree upon rentals for such facilities shall not
be an excuse for failure to comply with such requirements by the Council.
(7) (a) To require the keeping of accounts in such form as will accurately reflect the value
of the property of each franchise holder which is used and useful in rendering its
service to the public and the expenses, receipts and profits of all kinds of such
franchise holder.
(b) To examine and audit at anytime during business hours the accounts and other
records of any franchise holder.
(c) To require reports on the operations of the utility, which shall be in such form and
contain such information as the Council shall prescribe.
Sec. 8.415'. Regulation of rates.
The Council shalt have full power after notice and hearing to regulate by ordinance the
rates, charges and fares of every public utility franchise bolder operating in the City, provided
that no such ordinance shall be passed as an emergency measure. Every franchise holder who
shall request an increase in rates, charges, or fares, shall have, at the hearing of the Council
called to consider such request, the burden of establishing by clear, competent and convincing
evidence, the value of its investments properly allocable to serve in the City, and the amount
and character of its expenses and revenues connected with the rendering of such service. If,
upon such hearing, the Council is not satisfied with the sufficiency of the evidence so
furnished, it shall be entitled to call upon such public utility for the furnishing of additional
evidence at a subsequent date, to which said hearing maybe adjourned. If at the conclusion of
said adjourned hearing, the Council is still not satisfied with the sufficiency of the evidence
furnished by said utility, the Council shall have the right to select and employ, then and later,
rate consultants, auditors and attorneys to conduct investigations, present evidence, advise
the Council, and conduct Iitigation on such requested increase in rates, charges or fares, and
said utility shall reimburse the City for its reasonable and necessary expense so incurred to the
extent required by State law. Such rate consultants, auditors and attorneys shall be qualified,
competent, and of good standing in their professions. No public utility franchise holder shall
institute any legal action to contest any rate, charge or fare fixed by the Council until such
franchise holder has filed a motion for rehearing with the Council specifically setting out each
ground of its complaint against the rate, charge, or fare fixed by the Council, and until the
Supp- No. 2 CHT.30
HOME RULE CHARTER s 9.05
Council shall have acted upon such motion. Such motion shall be deemed overruled unless
acted upon by the Council within a reasonable time, not to exceed ninety (90) days from the
fling of such motion for rehearing; provided, that the Council may by resolution extend such
time limit for acting on said motion for rehearing from ninety (90) days to one hundred eighty
(180) days.
(Res. No. 050603-B, 5-3-03)
LI :! .. -
No
grant or franchise to construct, maintain or operate a public utility and no renewal or
extension of such grant shall be exclusive.
Sec. 9.01. Nepotism.
A person who is related within the second degree by affinity or within the third degree by
consanguinity to the Mayor or any member of the City Council or City Manager may not be
employed or appointed to any office, position, or clerkship of the City. This prohibition does not
apply to any person employed by the City at least one (1) year prior to and at the time of the
election of the Mayor or Council members, or appointment of the City Manager. This provision
does not apply to any unpaid members of City boards, committees, or commissions.
(Res. No. 050603-B, 5-3-03; Ord. No. 56-12, Amend. No. 26, 2-25-86)
Sec. 9.02. Publicity of records.
All records and accounts of every office, division, department, or agency of the City shall be
open to the public as provided by applicable State and Federal law.
(Res. No. 050603-B, 5-3-03; Ord. No. 86-1.9, Amend. No. 27, 2-25-86)
• � «
Any person employed by the City or appointed to a City office may contribute to and
participate in City elections to the extent allowed by State and Federal late_
(Ord. No. 86-12, Amend. No. 28, 2-25-86)
Sec. 9.04. Political activity.
A person seeking appointment or promotion in the City administrative services may not,
directly or indirectly, give or pay any money, service, or benefit to any person to assist the
promotion or appointment.
(Ord. No. 86-12, Amend. No. 29, 2-25-86)
Any persona who is found to have violated Section 9.03 or Section 9.04- of this Charter and
after having received due process of law as provided by ordinance, is ineligible for appointment
Supp. No. 2 CH77,31
§ 5.05 GEORGETOWN CODE
or election to a position in City government for a period of four (4) years after the violation; and
if the person is an office holder or employee of the City at the time of the violations, the person
forfeits the office or position held at the time of the violation.
(Ord. No. 86-12, Amend. No. 30, 2-25-36)
' t. t. r r' rxr
All officials and officers of the City shall, before entering upon the duties of their respective
offices, tale and subscribe the official oath prescribed by State law. The oath of office shall be
administered by the Mayor, Mayor Pro Tem, City Secretary or any other person authorized by
law to administer oaths.
(Res. No. 050503-5, 5-3-03)
Seco 5.07. Notice of claims.
Before the City of Georgetown shall be liable for damages for the death or personal injuries
of any person or for damage to or destruction of property of any kind, which does not constitute
a taking or damaging of property under Article 1, Section 17, Constitution of Texas, the person
injured, if living; or, if dead, the person's representative; or the owner of the property damaged
or destroyed shall give the City Council or City Manager notice in writing of such death, injury,
damage or destruction, duly verified by affidavit, within six (6) months after same has been
sustained, stating specifically in such written notice when, where and how the death or injury
was sustained; the amount of damage sustained to property, and the actual residence of the
claimant by street and number at the date the claim is presented; the actual residence of such
claimant for six (6) months immediately preceding the occurrence of such death, injury,
damage or destruction, and the names and addresses of all witnesses upon whom it is relied
to establish the claim for damages; and the failure to so notify the Council or City Manager
within the time and manner specified herein shall exonerate, excuse and exempt the City from
any liability whatsoever. No act of any officer or employee of the City shall waive compliance,
or estop the City from requiring compliance, with the provisions of this section as to notice, but
such. provisions may be waived by resolution of the Council, made and passed before the
expiration of the six-month period herein provided, and evidenced by minutes of the Council.
(Ord. No. 86-12, Amend. No. 31, 2-25-86)
9.08. exr-r rr and garnishment.
The property, real and personal, belonging to the City shall not be liable for sale or
appropriation under any writ of execution. The funds belonging to the City, in the hands of any
person, firm or corporation, shall not be liable to garnishment, attachment or sequestration;
nor shall the City be liable to garnishment on account of any debt it may owe or funds or
property it may have on hand or owing to any person. Neither the City nor any of its officers
or agents shall be required to answer any such writ of garnishment on any account whatever.
The City shall not be obligated to recognize any assignment of wages or funds by its employees,
agents or contractors, except as required by law.
(Ord. No. 86-12, Amend. No. 32, 2-25-36)
Supp. No, 2 CHT:32
! ■ RULE CHARTER 9.14
All ordinances, resolutions, rules and regulations now in force under the City goverment
and not in conflict with the provisions of any amendment to this Charter shall remain in force
under such amendment until altered, amended or repealed by the Council after such
amendment to this Charter takes effect. All rights of the City under existing franchises and
contracts and all existing authority forthe issuance of bonds, not in conflict with the provisions
of any amendment to this Charter, shall be preserved in full force and effect.
This Charter shall not be construed as a mere grant of enumerated powers, but shall be
construed as a general grant of power and as a limitation of power on the government of the
City of Georgetown in the same manner as the Constitution of Texas is construed as a
limitation on the powers of the Legislature. Except where expressly prohibited by this Charter,
each and every power under Article XE, Section 5 of the Constitution of Texas, which it would
be competent for the people of the City of Georgetown to expressly grant to the City, shall be
construed to be granted to the City by this Charter.
Sec. 9.11. Applicability of general laws.
The Constitution of the State of Texas, the statutes of said State applicable to home ruled
municipal corporations, as now or hereafter enacted, this Charter and ordinances enacted
pursuant hereto shall, in the order mentioned, be applicable to the City of Georgetown, but the
City shall also have the power to exercise any and all powers conferred by the laws of the State
of Texas upon any other kind of city, town or village, not contrary to the provisions of said home
rule statutes, charter and ordinances, but the exercise of any such powers by the City of
Georgetown shall be optional with it, and it shall not be required to conform to the law
governing any other cities, towns or villages unless and until by ordinance it adopts same.
Sec. 9.12. Judicial notice.
This Charter shall be
deemed
a public act, may be read
in evidence without pleading or
proof, and judicial notice
shall be
taken tbereof in all courts
and places.
See. 9.13. Severability clause.
If any section or part of a section of this Charter is held to be invalid or unconstitutional by
a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or
effect of any other section or part of a section of this Charter.
Amendments to this Charter may be framed and submitted to the voters of the City in the
manner provided by law.
(Ord. No. 86-12, Amend, No, 33, 2-25-86)
Supp. Na. 2 CHT.33
§ 9.15
GEORGETOWN COBE
Rearrangement.. renumberin•
The Council shall have the power, by ordinance, to renumber and rearrange all articles,
sections and paragraphs of this Charter or any amendments thereto, as it shall deem
appropriate, and upon the passage of such ordinance, a copy thereof certified by the City
Secretary shall be forwarded to the Secretary of State for Ming.
(Ord. No. 86-1.9, Amend. No. 34, 2-26-86)
See. 9.16. Ethics reviei
w
The Council shall adopt an ethics ordinance and provide for an annual review thereoiz there
shall also be a minimum of one (1) work session per year devoted to the study of ethics statutes.
(Ord. No. 86-12, Amend. No. 35, 2-25-86)
See. 9.15. Interim municipal government.
From and after the date of the adoption of this Charter, the persons then filling elective
offices which are retained under this Charter ti ill continue to fill those offices for the terms for
which they were elected. At the first regular City election after the adoption of this Charter,
three (3) councilmembers shall be elected and shall serve terms of two (2) years. Thereafter the
City Council shall be elected as provided in Section 3.01 of this Charter. Persons, who on the
datethisCharter is adopted are filling appointive positions with the City of Georgetown which
are retained under this Charter may continue to fill these positions for the terms for which
they were appointed.
Sec. 9.17. Submission of Charter to voters.
The Charter Commission in preparing this Charter finds and decides that it is impractica-
ble to segregate each subject so as to permit a vote of yes or no on the same, for the reason that
the Charter is so constructed that in order to enable it to work and function it is necessary that
it should be adopted in its entirety. For these reasons, the Charter Commission directs that the
said Charter be voted upon as a whole and that it shall be submitted to the qualified voters of
the City of Georgetown at an election to be held for that purpose on Saturday, April d, 1970.
Not less than thirty (30) days prior to such election, the City Council shall cause the City
Secretary to mail a copy of this Charter to each qualified voter of the City of Georgetown as
appears from the latest tax collector's roll. If a majority of the qualified voters voting in such
election shall vote in favor of the adoption of this Charter, it shall become the Charter of the
*'Editor's note ----Amendment No. 34 repealed former § 9.15, "Interim Municipal Govern-
ment;" renumbered § 9.16 as § 9.15; repealed former § 9.3.7, "Submission a€Charter to Voters
and specified that former §§ 9.15, 9.17 be retained for historical significance as an addendum
to the Charter.
'Editor's note—For the former provisions of § 9.16, see the editor's note to § 9.15.
'Editor's note --See the editor's note to § 9.15.
Supp. Nu. 2 C8fi34
HOME RULE CHARTER y 9.19
City of Georgetown, and after the returns have been canvassed, the same shall be declared
adopted and. the City Secretary shall file an official copy of the Charter with the records of the
City. The secretary shall furnish the Mayor a copy of said Charter, which copy of the Charter
so adopted, authenticated and certified by his signature and the seal of the City, shall be
forwarded by the Mayor to the Secretary of State of the State of Texas and shall show the
approval of such Charter by majority vote of the qualified voters, voting at such election.
Sec. 9.18. Disaster clause,
In case of disaster when a legal quorum of members of the Council cannot otherwise be
assembled due to multiple deaths or injuries, the surviving member(s) of the Council, or the
highest surviving City Officer, if no elected official remains, shall within twenty-four (24)
hours of the disaster, request the Commissioners Court of Williamson County, to appoint a
commission to act during the emergency and within fifteen (15) days of the disaster call a City
election for election of member(s) to the Council, if it is luiown that it is impossible for a
quorum of the present Council to meet again.
(Res. No. 059603-8, 5-3-03)
The City Council may, by ordinance, make nonsubstantive amendments to the Charter only
for the purpose of correcting grammatical errors, enhancing readability, updating legal
citations, and clarifying existing provisions to aid in public understanding.
(Res. No. 050603-8, 5-3-03)
Supp. No. 2 CHT:35