HomeMy WebLinkAbout2004-2755 - Ordinance - 09/23/2004ORDINANCE NO. 2755
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS,
APPROVING THE RENUMBERING OF THE AMENDED CITY CHARTER AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Charter elecuon for the purpose of amending the College Station C~ty Charter was
held on the 4~h day of November. 2003, and
WHEREAS, the College Station City Charter was amended as a result of said electron; and,
WHEREAS. the amendments to the City Charter resulted in a rearrangement to the Charter's
articles, sections and paragraphs, and
WHEREAS, Ordinance No. 2659 proposing amendments to the City Charter provides that the City
Council shall have the power, by ordinance, to renumber and rearrange all articles, sections and
paragraphs of the City Charter or any amendments thereto: now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1:
PART 2
PART 3:
That the C~ty Charter is renumbered as provided in Exhibit A attached hereto.
That the renumbered City Charter is hereby approved.
That this ordinance shall take effect immediately from and after its date of final
passage
PASSED, ADOPTED and APPROVED this 23~ day of September, 2004.
ATTEST'
CONNIE HOOKS. City Secretary
APPROVED'
CiTY ATTORNEY
APPROVED:
U ~Ordtnat~.T 2004,0RDIV4¥CE RE,¥U~IBERI,VG 2003 4~IEh'DED CHARTER 2733 DOC
ORDINANCE NO. 2755 Page 2
Exhibit A
o/group legal ordmanee~ 2003 charter amendn~ents doc
8 15 03
ARTICLE I
INCORPORATION: FORM OF GOVERNMENT: TERRITORY
Incorporation
Section 1. The inhabitants of the City of College Station, within the corporate limits as now established or as
hereafter established in the manner provided by this charter, shall continue to be a municipal body politic and
corporate in perpetuity, under the name of the "City of College Station".
Form of Government
Section 2. The municipal government provided by this charter shall be known as the "council-manager
government" Pursuant to its provisions and subject only to the limitations imposed by the state constitution
and by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as the
"City Council", which shall enact local legislation, adopt budgets, determine policies, and employ the city
manager, who shall execute the laws and administer the government of the City. All powers of the City shall
be exercised in the manner prescribed by this charter, or, if the manner be not prescribed, then in such
manner as may be prescribed by ordinance
Boundaries
Section 3. The bounds and limits of the City of College Station are hereby established and described as
shown by the amcles of incorporation, the several annexation ordtnances and the official zoning map of said
City.
Creation of Precinct Boundaries
Section 4. The City Council shall divide the City of College Station into precincts for voting purposes only.
and when practicable they shall conform to the county voting precincts.
ARTICLE II
CORPORATE AND GENERAL POWERS
Powers of the City
Section 5. The City shall have all the powers granted to Home Rule Cities by the Constitution and laws of
this State, as fully and completely as though they were specifically enumerated tn lhis Charter, together with
all the implied powers necessary to carry into execution such granted powers, and the powers are hereby
adopted that are conferred upon cities by Article XI, Section 5, of the Constitution of the State of Texas
(Home Rule Amendment). Among other powers, the City shall have the power to contract and be contracted
with, to acqmre property in fee simple within or without its corporate limits for any municipal purpose, or
any lesser interest or estates, by purchase, gift, devise, lease, or condemnation, and may sell, lease, mortgage,
hold, manage and control such property as its interests may require, except as prohtblled by the Constitution
or restricted by this Charter. The City may use a corporate seal; may cooperate with the government of the
State of Texas or any agency thereof, or any political subdiviston of the State of Texas, or with the United
States or any agency thereof, to accomplish any lawful purpose for lhe advancement of the interest, welfare,
health, morals, comfort, safety and convenience of the City and its inhabitants; and may pass such 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 and safety of its inhabitants consistent with the provisions
of this Charter.
College Statton CtO' Chat ter-I
The enumeration of particular powers by this Cha_ner shall not be deemed to be exclusive; and in addition to
the powers enumerated or implied herein, the City shall have all powers not prohibited by the Constitution or
laws of this State.
Extension of City Limits Upon Petition
Section 6. The City Council may extend the City's botmdaries by annexation petition in accordance with the
provisions of the statutes of the State of Texas.
Extension of City Limits by the City Council
Section 7. The City Council shall have the power to fix, by ordinance, the boundary limits of the City of
College Station. and to provide for the extension of such boundary limits and the annexation of additional
territory lying adjacent to the Ctty. with or without the consent of the inhabitants of such area to be annexed.
The City Council shall have the power to detach, by ordinance, any territory, with or without the consent of
the inhabitants of such area to be detached. When any terntory shall be so annexed, the same shall be a part
of the City and the inhabitants thereof shall be entitled to all the rights and privileges of all the citizens and
shall be bound by the acts. ordinances, resolutions and regulations of the City. When territory has been
detached, the same shall no longer be a part of the City.
Eminent Domain
Section 8. The C~ty shall have the full right, power and authority to exercise the power of eminent domain
when necessary or desirable to carry out any of the power conferred upon it by this char~er or by the
constitution or laws of the State of Texas In all cases where the city seeks to exercise the power of eminent
domain, it may be controlled, as nearly as practicable, by the laws governing the condemnation of property
of railroad corpomuons in this state, the city taking the position of the railroad corporation m any such case.
The City may also exercise the power of eminem domain in any other manner now or hereafter authorized or
permitted by the constitution and laws of this state, or in the manner and form that may be provided by
ordinance of the governing body of the city. The power of eminent domain hereby conferred shall include
the right of the city to take the fee in the lands so condemned and such power and authority shall include the
right to condemn public property for such purposes. The City shall have and possess this power of
condemnation of property within or without the corporate limits for any municipal or public purpose, even
though not specifically enumerated herein or m this ehar~er
Establishment and Control of Streets
Section 9. The City shall have the power to lay out, establish, open. alter, widen, lower, extend, grade,
abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys.
sidewalks, parks, squares, public places and bridges and regulate the use thereof, and require the removal
from streets, sidewalks, alleys and other public proper~y or places of all obslxuctions and encroachments of
every nature or character upon any of said streets, alleys, sidewalks, and public prop~.~y
The City shall have exclusive domain, control and jurisdiction in and upon, and over and under the public
streets, avenues, alleys, and highways of the City. The City's exclusive domain, control, and jurisdiction in,
upon. over and under the pubhc s~reets, avenues, alleys and highways of the City shall also include, but not
be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, hnes
or wires, or other property.
College Statton Cto, Charter-2
Street lmprovement~
Section 10. The City may provide for the improvements of public streets, avenues, alleys and highways by
paving, repaying, raising, draining, or other improvements, and may assess the cost of such development and
Improvements partly or entirely by assessments levied as a lien against the property abutting thereon and
against the owners thereof If improvements be ordered constructed in any part of any area used or occupied
by the tracks or facilities of any railway or public utility, then the City shall have the power to assess the
whole cost of improvements in such area and the added costs of improvements in such area and the added
costs of ~mprovements in areas adjacent thereto made necessary by such use or occupancy against such
railway or utility, and shall have the power, by ordinance, to provide for the enforcement of such
assessments. As an alternative and cumulative method of developing, improving and paving any and all
public streets, sidewalks, waterways, alleys, highways and other public ways, the City shall have the power
and authority to proceed in accordance with V.T C A., Transportauon Code, as amended.
Garbage Disposal
Sectton 1 I. The City Council shall have the right by ordinance to adopt and prescribe rules and regulations
for the handling disposition of all garbage, trash and rubbish within the City of College Station. and shall
further have the right to fix charges and compensation to be charged by the city for the removal of garbage,
trash and rubbish, and to provide roles and regulations for the collect~nn thereof
Municipal Court
Section 12. There shall be a court for the trial of misdemeanor offenses 'known as the Municipal Court oftbe
City of College Station, with such powers, procedures and duties as are given and prescribed by the laws of
the State of Texas for a Municipal Court.
Sanitary Sewer System
Section 13 The City shall have the power to provide for a sanitary sewer system and to require property
owners to connect their premises with such systems; to provide for fixing penalties for failure to make
sanitary sewer connections; and to provide for fixing a hen against any property owner's premises who fails
or refuses to make sanitary sewer connections and to charge the cost against said owner and make it a
personal liability The City shall further have the right to fix charges and compensation to be charged by thc
city for sewerage service, and to provide rules and regulations for the collection thereof.
Public Utilities; Powers of the City
Section 14 In addition to its power to buy, own, construct, maintain and operate utlhties and to manufacture
and dis~ibute electricity, gas or anything else that may be needed or used by the public, the city shall have
such further powers as may now or hereafter be granted under the constitution and laws of the State of
Texas.
Signs and Bill Boards
Section 15. The City shall have the power to license, regulate, control or prohibit the erection of signs or
billboards.
Nuisances; Control and Policing
Section 16 The city shall have the power to define all nuisances and prohibit the same w~thln the city and
outside the city limits for a distance of five thousand ~5000) feet, to have power to pobce all parks or
grounds, speedways or boulevards owned by the city and lying outside the etty; to prohibit the pollution of
any stream, drain or tributaries thereof, which may constitute the source of water supply of the city and to
provide for the policing of the same as well as to provide for the protection of any water sheds and the
policing of same; to inspect dairies, slaughter pens and slaughter houses inside or outstde the city limits,
from which mdk or meat is furnished to the mhabrtants oftbe city
College Statton CtO' Charter-3
ARTICLE III
THE CITY COUNCIL
Number, Selection, Term
Secuon 17. The City Councd shall be composed of the Mayor and slx (6) Councilmen and be known as the
"Ctty Council of the City of College Station."
(a) The Mayor and other members of the City Council shall be elected from the City at large
(b)
The Mayor shall be the presiding officer of the City Council and shall be recogmzed as the head of
the City government for all ceremonial purposes and by the Governor for purposes of military law,
but shall have no regular admmislxative duties. The Mayor shall be entitled to vote on all matters
under consideration by the C~ty Council.
(c)
Each Councilman, unless sooner removed under the provisions of this Charter, shall serve for a term
of three (3) years, beginning with the first meeting of the Council following his election, and ending
with the first meeting of the Council three (3) years later, or until his successor has been elected and
duly qualified. The Mayor, unless sooner removed under the provisions ofthis Charter, shall serve
for a term of three (3) years, beginning with the first meeting of the council following his election and
ending with the first meeting of the Council tlu~e (3) years later, or until his successor has been
elected and duly qualified
(d)
No person shall be deemed elected to an office unless that person receives a majority of all the votes
cast for such office. The Council shall, upon declaring the official results of the election, order a run-
offelection for each office to which no one was elected. In the run-offelection, the two candidates
who received, in the preceding election, the highest nnmber of votes for each office to which no one
was elected, shall be voted on again by the quahfied voters, and the candidate who receives the
majority of the votes cast for such office in the run-offelection shall be elected to such office.
(e) In 2004, the regular elections for Places 4 and 6 shall continue to have two (2) year terms. In 2006,
and subsequent years, the regular elections for Places 4 and 6 shall be for three (3) year terms. In
2004, and subsequent years, the regular elections for the Mayor and Places 1, 2, 3, and 5 shall be for
(3) three year terms
(f)
Beginning in 1999, there shall be no limit to the total number of terms served by the Mayor or
Councilmen; however, no person shall be eligible to be elected to serve in the capacity oftbe
Councilman for consecutive regular terms totaling more than six (6) years; nor shall any person be
eligible to be elected to serve in the capacity of Mayor for consecutive regular terms totaling more
than six (6) years.
Qualifications
Section 18. The Mayor and Councilmen shall be citizens of the United States and qualified voters of the
State of Texas, shall have resided for at least one ( 1 ) year next preceding the election, at which they are
candidates, within the corporate hmits of the City of College Station; and shall not be disqualified by reason
of any provision of any olher section of this Charter. A member of the City Courted ceasing to possess any
of the quahficatwns specified in this section, or any other section of this Charter. or convicted of a felony
while in office, or who absents himself from three (3) consecutive regular Council meetings w~thout consent
of the Council, shall immediately forfeit his office.
College Statton CtO, Churter-4
Compensation of Members
Section 19 Members of the city council shall serve without pay or compensation; provided, however, they
shall be entttled to all necessary expenses incurred in the performance of their official duties.
Presiding Officer; Mayor
Section 20. The Mayor shall preside at meetings of the city council and shall be recogmzed as head of the
city government for 'all ceremonial purposes and by the governor for purposes of military law, but shall have
no regular administrative duues. He shall be entitled to vote upon all matters considered by the city council,
but he shall have no veto power. The City Council shall elect a Mayor Pro Tem from its membership who
shall act as Mayor during the absence or disability of the Mayor.
Vacancies
Section 21. A vacancy in the City Council shall be filled by fl special election which shall be called within
thirty (30) days of the occurrence of such vacancy. If any such vacancy shall occur within ninety (90) days
preceding a general election, then no special election shall be called: provided, however, that the unexpir~l
term shall be filled at the next general election
Section 22. All powers and authority, Including the determination of all matters of policy which are
expressly or by implication conferred upon or possessed by the City, shall be vested in and exercised by the
Council. provided, however, that the Council shall have no authority to exercise those powers which are
expressly conferred upon other City officers by this Charter.
Without hmitauon of the foregoing, and among the other powers that may be exercised by the City Council,
the following are hereby enumerated for greater certmnty:
( 1 ) To appoint and remove the Cfly Manager
(2) To estabhsh administrative departments and estabhsh the organization and functions of divisions
(3) To adopt the budget ofthe City.
(4) To authorize the issuance of bonds by a bond ordinance.
(5) To inquire into the conduct of any office, department or agency of the City and make investigations
as to municipal affmrs.
To provide for a planning commission, a zoning commission and a zoning board of adjustment, and
appoint the members of all such commissions and boards. The planning and zoning commissions may
be combined Such boards and commissions shall have all powers and duues now or hereafter
conferred and created by this Charter, by City ordinance or by law
(7) To adopt plats.
'Fo adopt and modify the official map of the City
1.9) To adopt, modify and carry out plans proposed by the planning commission for the replanning,
tmprovement and redevelopment of neighborhoods and for the replanning, reconstruction or
( 'ollege Statton Cts.' Chartcr-$
redevelopment of any area or district which may have been destroyed.
(.10)
To adopt, modify and carry out plans proposed by the planning commission for the replanning,
improvement and redevelopment of neighborhoods and for the replanning, reconstruction or
redevelopment of any area or district which may have been destroyed in whole or in part by disaster.
(11)
To regulate, license and fix the charges or fares made by any person owning, operating or controlling
any vehicle of any character used for the carrying of passengers for hire or the transportation of
freight for hire on the public streets and alleys of the City.
(12)
To provide for the establishment and designation of fire limits; to prescribe the kind and character of
buildings, structures or improvements to be erected therein; to provide for the erection of fireproof
buildings within certam limits, and to provide for the condemnation of dangerous structures,
buildings, dilapidated buildings or buildings calculated to increase the fire hazard and the manner of
their removal or destruction.
(13)
To prevent the construction and use of housing accommodations below standards fixed by the City
Council as proper for the purpose of promoting the health, safety, morals or general welfare of the
City.
Appointment and Removal of City Manager
Section 23. The city council shall appoint an officer of the City who shall have the title of City Manager and
who shall have the powers and perform the duties set forth in this charter. No councilman shall receive such
appointment during the term for which he shall have been elected, nor within one year after the expiration of
his term
The salary of the City Manager shall be fixed by the City Council, and he shall hold office at its pleasure; but
if he is removed at any time after six (6} months following his appointment, he may demand written charges
and a public hearing thereon before the city council prior to the date on which his final removal shall take
effect, but pending such hearing the City Council may suspend him fi.om office. The action of the City
Council in suspending or removing the City Manager shall be final, it being the intention of this charter to
vest all authority and fix all responsibility for such suspension or removal in the city council.
Council Not to Interfere In Appointments or Removals
Section 24 Neither the City Council nor any of its members shall direct the appointment of any person to or
his removal from office by the city manager or by any of his subordinates, provided, however, that the
appointment or dismissal of department heads shall be subject to the approval of the City Council. Except for
the purpose of inquiry the City Council and its members shall deal with the administrative service solely
through the City Manager, and neither the City Council nor any member thereof shall give orders to any
subordinates of the City Manager, either publicly or privately.
Rights of the City Manager and Other Officers in Council
Section 25. The City Manager, and such other officers of the city as the city council may invite, shall be
entitled to take part in all discussions of the City Council relating to their respective offices, departments or
agencies.
Administrative Departments
Section 26. There are hereby created the following administrative departments'
Public Works.
Finance, Police, Fire and
College Statton 0~; Charter-6
The C~ty Councd may, if it deems it advisable, consolidate into one deparlrnent not more than two of the
departments hereby established; and by ordinance may create, change and abohsh offices, departments or
agencies other than the offices, departments and agencies established by this charter
City Secretary
Section 27 The City Council shall appoint an officer of the C~ty who shall be the City Secretary, who may
be removed from office by the Council The Ctty Secretary or Assistant City Secretary shall give nouce of
Council meetings, shall keep a journal of its proceedings, shall authentscate by his signature and record in
full in a book or books kept and indexed for that purpose all ordinances and resolutions, and shall perform
such other duties as the City Council shall asstgn to him and those elsewhere provided for in the Charter
The City Secretary shall have the power to appoint an assistant or assistants, if deemed necessary by h~m.
subject to the approval of and at such compensation as may be fixed by thc C~ty Council and such assistant
or assistants may be removed from office by the City Secretary.
Municipal Court Judge
Section 28. The C~ty Council shall appoint an officer of the C~ty who shall be the Municipal Court Judge,
who may be removed from office by the Council. The City Council may appoint alternate Assistant
Mumc~pal Court Judges, who may be removed from office by the Council, who shall serve m the absence of
or in addition to the Municipal Court Judge. All costs and fines imposed by the Municipal Court, or by any
court in cases appealed from judgments of the Municipal Court, shall be paid into the C~ty Treasury for the
use and benefit of the City.
City Attorney
Section 29 The City Council shall appoint an officer of the City who shall be the C~ty Attorney, who may
be removed from office by the Council The Cit~ Attorney shall be a competent and duly licensed attorney,
who shall reside ~n the City of College Statmn
The City Attorney shall represent the City in all litigation He shall be the legal advisor of and attorney and
counsel for the City and all officers and departments thereof.
The City Attorney shall have power to appoint un assistant or assistants, if deemed necessary by him, subject
to the approval of and at such compensation as may be fixed by the City Council; and such assistant or
assistants may be removed from office by the City Attorney.
Induction Into Office; Meetings
Section 30 The inducuon into office date shall be set by ordinance by the C~ty Councd, or as otherwise
provided by law, fullow~ng each regular municipal elecuon held under this Charter, or any special election
for the purpose of filling vacancies in the C~ty Council. The City Council shall meet at the usual place for
holding meetings and the newly elected members shall qualify and assume the duties of office. Thereal~er,
the City Council shall meet regularly at such umes as may be prescribed in the rules, but not less frequently
than once each month. Special meetings shall be called upon request of the Mayor or a majority of the
members of the C~ty Council. All meetings shall be subject to the provisions of the Texas Open Meetings
Act, V T.C.A. GOVERNMENT Code, Ch 551, Open Meetings, as amended
City Council to be Judge of Qualification of its Members
Section 31. The City Council shall be the judge of the election and qualifications of ~ts members and for
such purpose shall have power to subpoena w~tnessas and require the production of records, but ~ts dec~sion
~n any such case shall be subject to review by the courts.
College Statto. Cts., Charter- 7
Rules of Procedure; Journal
Section 32. The City Council shall determine its own rules and order of business. It shall keep an indexed
journal of its proceedings and the journal shall be open to pubh¢ inspection.
Ordinances
Section 33. In addition to such acts of the City Council required by statute or by this Charter to be by
ordinance, every act of the City Council establishing a fine or other penalty, or providing for the creation of
public debt as that term is used in the Texas Constitution, shall be by ordinance. All other official acts may
be by resolution, ordinance, or order duly entered in the minutes The enacting clause of all ordinances shall
be "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION."
Procedure for Passage of Ordinances
Section 34 Every ordinance shall be introduced in written or printed form and, upon passage, shall take
effect at the time indicated therein, provided, however, that any ordinance imposing a penalty, fine or
forfeiture for a violation of its provisions shall become effective not less than ten (10~ days from the date of
its passage. The City Secretary shall give notice of the passage of every ordinance imposing a penalty, fine
or forfeiture for a violation oftbe provisions thereof, by causing the caption or title, including the penalty, of
any such ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, to be
published in the official newspaper of the City of College Station at least twice within ten (3 0) days after the
passage of such ordinance. He shall note on every ordinance, the caption of which is hereby required to be
published, and on the record thereof, the fact that same has been published as required by the charter, and the
date of such publication, which shall be prima fac~e evidence of the legal publication and promulgation of
such ordinance; provided, however, that the provisions of this section shall not apply to the correct.on,
amendment, revision and codification of the ordinances of the city for publication in book or pamphlet form
Except as may be otherwise provided by this charier, it shall not be necessary to the validity of any ordinance
that it shall be read more than one time or considered at more than one session of the city council. Every
ordinance shall be authenticated by the signature oftbe Mayor and City Secretary and shall be systematically
recorded and indexed in an ordinance book in a manner approved by the city council, but it shall only be
necessary to record the caption or title of ordinances in the minutes or journal of council meetings. The city
council shall have power to cause the ordinances of the city to be corrected, amended, revised, codified and
printed in code form as oRen as it deems advisable, and such printed code, when adopted, shall be in full
force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed
code shall be admitted in evidence in all courts and places without further proof.
Investigation by City Council
Section 35 The City Council shall have power to inquire into the conduct of any office, department, agency
or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena
witnesses, administer oaths and compel the production of books, papers and other evidence. Failure to obey
such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section
shall constitute a misdemeanor and shall be punishable by fine not to exceed ($ 100.00) dollars.
Independent Annual Audit
Sectton 36. Not less than thirty (30) days prior to the end of each fiscal year, the City Council shall
designate a qualified public accountant or accountants who, as of the end of the fiscal year, shall make an
independent audit of accounts and other evidences of financial transactions of the City government and shall
submit the report to the City Council Such accountants shall have no personal interest, direct or indirect, in
the fiscal affairs of the City government. They shall not maintain any account or record of the C~ty business.
College Station Ct0 Chat ter-8
but. within specifications approved by the City Council, shall post-audit the books and documents kept by
the City and any separate or subordinate accounts kept by any other office, department or agency of the City
government.
Housing Authority
Section 37. The City Cotmcll may create a housing authority of such number, terms and compensation of
members as it may determine and may delegate to that authority such powers relating to the planning,
construction, reconstruction, alteration, repair, maintenance or operation of housing projects and housing
accommodations as it may deem wise
Disabled Employees; Pensions and Insurance
Section 38. The City Council shall have authority to provide for rules and regulations for maintaining
employees when injured and disabled while performing their duties, and it may provide for such plan of
insurance as it deems proper. The City Council shall also have authority to establish and to do all other
proper things necessary for the effective administration of a pension and retirement system for any or all
groups of officers and employees on such basis as ]t may determine consistent with or author]zed by state
laws Such system may be in cooperation with or participation in any district or statewide pension or
retirement system which has been or which may be hereafter authorized or estabhshed by the legislature of
the State of Texas
ARTICLE IV
THE CITY MANAGER
Qualifications
Sect]on 39 The City Manager shall be chosen by the city council solely on the basis of his executive and
administrative qualifications with special reference to his actual experience in, or his 'knowledge of, accepted
practice in respect to the duties of his office as hereinafter set forth. At the time of his appointment he need
not be a resident ofthe City or State, but during his tenure ofoffice he shall reside within the City.
Powers and Duties
Sectmn 40. The City Manager shall be the chief executive officer and the head of the administrative branch
of the city government. He shall be responsible to the City Council for the proper administration of all affairs
of the City, and to that end he shall have power and shall be required to:
(1)
Appoint and, when necessary for the good of the service, remove all officers and employees of the
City except as otherwise provided by this Charter and except as he may authorize the head of a
department Io appoint and remove subordinales in such department.
(2) Prepare the budget annually and submit ]l to the City Council and be responsible for its
admimstmtion after adoption
(3) Prepare and submit to the City Council at the end of the fiscal year a complete report on the finances
and administrative activities of the City for the preceding year.
(4l Keep the Catv Council advised of the financial condition and future needs of the C~ty and make such
recommendations as may seem to him desirable and proper.
(5) Perfoml such other duties as may be prescribed by thts charter or required of him by the City
Council.
College Station Ctn, Charter-9
Absence of City Manager
Section 41. To perform his duties during his temporary leave of absence or disability, the Mayor may
designate by letter filed with the City Secretary a qualified administrative officer of the City to serve for the
City Manager Concerning out of town business, illness, or vacation the City Manager may be delegated
authority to designate an individual to serve m the absence of the City Manager.
Director of Departments
Section 42. At the head ofeach administrative department there shall be a director. He shall be an officer of
the City and shall have supervlsmn and control of the department subject to the City Manager.
Two or more deparm~ents may be headed by the same individual; the City Manager may head one or more
departments, and directors of departments may also serve as chiefs of divisions
Departmental Divisions
Section 43 The work of each administrative department may be distributed among the d~vlsions thereof
subject to approval &the City Manager.
ARTICLE V
THE BUDGET
Fiscal Year
Section 44. The fiscal year of the City of College Station shall be determined by ordinance of the Council
Such fiscal year shall also constitute the budget and accounting year.
Preparation and Submission of Budget
Section 45. The City Manager, between thirty (30) and ninety (90) days prior to the beginning ofeach fiscal
year, shall submit to the City Council a proposed budget which shall provide a complete financial plan for
the fiscal year.
Proposed Expenditures Compared With Other Years
Section 46. The City Manager shall, in the preparation of the budget, place m parallel columns opposite the
various items of expendmtres the actual amount of such items of expenditures for the last completed fiscal
year, the estimated for the current fiscal year, and the proposed amount for the ensuing fiscal year.
Budget a Public Record
Section 47. The budget and all supporting schedules shall be filed with the City Secretary when submitted to
the city council and shall be a pubhc record for inspection by anyone. The City Manager shall cause copies
to be made for distribution to all interested persons.
Notice of Public Hearing on Budget
Section 48 At the meeting at which the budget is submitted, the city council shall fix the time and place ora
pubhc hearing on the budget and shall cause to be published a notice of the hearing setting forth the time and
place thereof at least five (5} days before the date of the hearing
Public Hearing on Budget
Section 49 At the time and place set for a public hearing on the budget, or at any t~me and place to which
such public hearing shall from time to time be adjourned, the city council shall hold a public hearing on the
budget submitted, and all interested persons shall be given an opportunity to be heard for or against any item
or the amount of any item therein contained.
College Statton Ct.t)' Charter-lO
Proceedings on Budget After Public Hearing Amending Or Supplementing Budget
Section 50 Afier the conclusion of such public hearing, the City Council may insert new items or may
increase or decrease the items of the budget, except items in proposed expenditures fixed by law Before
inserting any additional item or increasing any item of appropriation which will increase the total budget by
three (3%) percent or more, it must cause to be published a notice setung forth the nature of the proposed
increases and fixing a place and time, not less than five (5) days aRer publicauon, at which the City Council
will hold a pubhc hearing thereon.
Proceeding~ on Adoption of Budget
Section 51. After such further hearing, the City Council may insert the additional item or items, and make
the increase or increases, to the amount in each case indicated by the published not.ce, or to a lesser amount;
but where ~t shall increase the total proposed expenditures, it shall also provide for an increase in the total
anucipated revenue to at least equal such total proposed expenditures.
Vote Required for Adoption
Section 52. The budget shall be adopted by the favorable vote of a majority of the members of the entire
City Council.
Date of Final Adoption; Failure to Adopt
Section 53. The budget shall be finally adopted not later than the twemy-seventh day oftbe last month of the
fiscal year. Should the city council take no final action on or prior to such day, the budget as submitted by
the City Manager shall be deemed to have been finally adopted.
Effective Date of Budget; Certification; Copies Made Available
Section 54. Upon final adoption, the budget shall be filed w~th the City Secretary The final budget shall be
printed, or otherwise reproduced, and a reasonable namber of copies shall be made available for the use of
all offices, departments and agencies, and for the use of interested persons and c~vic organizations.
Budget Establishes Appropriations
Section 55. From the effective date of the budget, the several amounts stated therein as proposed
expen&tures shall be and become appropriated to the several objects and purposes therein named.
Budget Establishes Amount to be Raised by Property Tax
Section 56. From the effective date of the budget, the amount stated therein as the amount to be raised by
property tflx shall constitute a determination of the amount of the levy for the purposes of the city in the
corresponding tax year.
Contingent Appropriation
Section 57. Provision shall be made in the annual budget and in the appropriation ordinance for a contingent
appropriation in an amount not more than three (3) percent of the total budget expenditure, to be
used in case of unforeseen ~tems of expenditures Such contingent appropriation shall be under the control of
the City Manager and distributed by h~m. afier approval by the City Council. Expenditures from this
appropriauon shall be made only in case of established emergencies and a detailed account of such
expenditures shall be recorded and reported The proceeds of the contingent appropriation shall be disbursed
only by transfer to other departmental approprmtion, the spending of which shall be charged to the
departments or activities for which the appropriations are made.
College Station CtO' Charter-I I
Estimated Expenditures Shall Not Exceed Estimated Resources
Section 58. The total estimated expenditures of the general fund and debt fund shall not exceed the total
estimated resources of each fund.
The City Council may by ordinance amend the budget during a fiscal year if one of the following conditions
exists'
I If during the fiscal year the City Manager certifies that there are available for appropriation revenues
in excess of those estimated m the budget, the City Council. by ordinance, may make supplemental
appropriations for the year up to the amount of such excess Before approval, the Council shall hold a
public hearing on the proposed budget amendment. A notice of the time and place of a public
hearing on the supplemental appropriation shall be published in the official newspaper of the City of
College Station. The notice shall be placed in the newspaper at least five (5) working days before the
date of the hearing.
To meet a public emergency affecting hfe. health and property of the public peace, the City Council
may make emergency appropriations. Such appropriations may be made by emergency ordinance. To
the extent that there are no available unappropriated revenues or a sufficient fund balance to meel
such appropriations, the Council may by such emergency ordinance authorize the ~ssuance of
emergency notes, which may be renewed from time to time, but the emergency notes and renewals of
any such notes made dunng a fiscal year shall be prod not later than the last day ofthe fiscal year next
succeeding that in which the emergency appropriation was made.
3
If at any time during the fiscal year it appears probable to the City Manager that the revenues or fund
balances available will be insufficient to meet the amounts appropriated, he shall report to the City
Council without delay, indicating the estimated amount of the deficit, any remedial action taken by
him and his recommendations as to any other steps to be taken The Council shall then take such
further action as it deems necessary to prevent or reduce any deficit and for that purpose ~t may by
ordinance reduce one or more appropriations
Emergency Appropriations
Section 59. All appropriatmns shall lapse at the end of the fiscal year to the extent that they shall not have
been expended or lawfully encumbered.
ARTICLE VI
CITY BONDS AND TIME WARRANTS
General Obligation Bonds
Section 60. The C~ty of College Station shall have the power to borrow money on the credit of the city and
to ~ssue general obligatmn bonds for permanent public ~mprovements or for any other pubhc purpose not
prohibited by the Constitution and laws of the State of Texas, and to issue refunding bonds to refund
outstandtng bonds of the city previously issued All such bonds shall be issued in cunformlty with the laws
of the State of Texas
College Statton Ctn. Charter-12
Revenue Bonds
Section 61. The City of College Station shall have the 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 to evidence the obligation created thereby, and lo issue revenue refunding bonds
to evidence the obligation created thereby: and to issue revenue refunding bonds to refund outstanding
revenue bonds previously issued Such bonds 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
bonds shall be issued in conformity with the laws of the State of Texas.
Incontestability of Bonds
Section 62 All bonds of the City, having been issued and sold and having been dehvered to the purchasers
thereof, shall thereafter be incontestable; and all bonds issued to refund outstanding bonds shall, after such
issuance, be incontestable
Time Warrants
Section 63 The City shall have the authority to issue time warrants, certificates of obligation or other forms
of public debt allowed by state law and to issue refunding warrants, certificates, or bonds to refund
outstanding warrants or certificates previously issued All such time warrants, cerllficates of obligation, and
bonds shall be issued in conformity with the laws of the State of Texas
Investments
Section 64. Any surplus in any fund may be invested, upon approval of the City Council, in any lawful
securities, accounts, certificates, or inveslments. Any such surplus may be used for the purchase and
retirement of bonds, time warrants, or certificates not yet due.
ARTICLE VII
FINANCE ADMINISTRATION
Director of Finance; Appointment
Section 65. The City Manager may appoint a chief financial officer
Fees Shall be Paid to City
Section 66. All fees received by any officer or employee of the City shall belong to the City and shall be
handled pursuant to the City's rules, regulations and policies.
Contracls for Improvements
Section 67 The City shall make expenditures to promote the best interests of the citizens of College Station.
The City shall encourage free and unrestricted competition on all bids and purchases, ensuring the taxpayers
the best possible return on and use of their tax dollars. It shall be the policy of the City to fully comply with
and make all purchases or expenditures pursuant to the City's policies, rules, regulations, procedures, and
state and federal law.
Disbursement of Funds
Section 68. All checks and vouchers or warrants for the withdrawal of money from the City accounts shall
be handled pursuant to the City's rules, regulations, policies, and state and federal laws.
College Statton Ctt¥ Charter-IS
Borrowing in Anticipation of Property Taxes
Section 69 In any fiscal year. in anticipation of the collection of the property tax for such year. whether
levied or to be levied in such year. the City Council may by resolution authorize the borrowing of money by
the ~ssuance of negotiable notes of the City. each of which shall be designated "tax antzcipation note for the
year __" (stating the budget year) Such notes shall mature and be payable not later than the end ot'tbe
fiscal year m which the original notes have been issued.
Borrowing in Anticipation of Other Revenues
Sectton 70. In any fiscal year, in anticipation of the collection or receipt of other revenues of the budget
year, the City Council may by resolution authorize the borrowing of money by the issuance of negotiable
notes of the C~ty, each of which shall be designated "special revenue note for the year __" (stating the
budget yearl. Such notes may be renewed from time to time, but all such notes, together with the renewals,
shall mature and be payable not later than the end of the fiscal year in which the original notes shall have
been issued
ARTICLE VIII
TAX ADMINISTRATION
Power to Tax
Section 71 The City Council shall have the power under the provisions of state law to levy, assess and
collect an annual tax upon taxable property within the city to the maximum provided by the constitution and
general laws oftbe State of Texas.
Property Subject to Tax; Method of Assessment
Section 72. All property, real, personal, or mixed, lying and being within the corporate limits of the City of
College Station on the first day of January in each year, not expressly exempted by law, shall be subject to
annual taxation according to the procedures set forth in the constitution or general laws of the Stale of Texas.
Taxes; When Due and Payable
Section 73. All taxes due to the City of College Station shall be payable to the C~ty of College Station or
such other person or entity as may be designated by the City Council, and may be paid at any time after they
fall due. Taxes shall be due and shall become delinquent as provided in the TEXAS TAX CODE, as amended.
which code further provides for delinquent taxes, interest, and procedures for the collection of taxes.
Seizure and Sale of Personal Property
Section 74. The seizure and sale of personal property for taxes due shall be accomplished according to the
provisions of the TEXAS TAX CODE. as amended.
Tax Liens
Section 75 The tax levied by the city shall be a first and prior lien upon the proper~y upon which the tax is
due, which lien may be enforced and foreclosed according to the provisions of the TEXAS T^\ CODE, as
amended.
College Statton CtO' Charter-14
ARTICLE IX
NOMINATIONS AND ELECTIONS
Municipal Elections
Section 76. The regular city election shall be held on an annual date set by ordinance by the C~ty Council or
as otherwise provided by law, at which time members of the Council shall be elected to fill those offices that
become vacant that year The City Council shall fix the hours and the place for holding such special election.
The City Council may by resolution, order a special elect~on, fix the time and place for holding same, and
provide all means for holding such special election. In the order, ordinance, or resolution of the City Council
calling any election at which more than one Councilman shall be elected, the City Council shall In calling
such election provide for a separate place on the ballot for each vacant seat to be filled at such election,
designating the Mayor, and such Places as Place No. 1, 2, 3, 4, 5, or 6. If an unexpired term is to be filled at
such election, the Place for the unexpired term shall be so designated.
Regulation of Elections
Section 77. The C~ty Councd shall make all regulations which it considers needful or desirable, not
inconsistent with this charter or the laws of the State of Texas, for the conducl of municipal elections, for the
prevention of fraud ~n such elections and for the recount of ballots in case of doubt or fraud Municipal
elections shall be conducted by the appointed election authorities, who shall also have power to make such
regulations not inconsistent with this charter, with any regulations made by the city council or the laws of the
State of Texas.
How to Get Name on Ballot
Section 78 Any qualified person may have his name placed on the official ballot as a candidate
Councilman or Mayor at any election held for the purpose of electing Counc~lrnen or Mayor by fihng with
the City Secretary at least forty-five (45) days prior to the date of election a sworn application m
substantially the following form
"I, , do hereby certify that I mn a candidate for the office of ,
and request that my name be printed upon the officml ballot for that particular office in the next city elect~on.
I am a qualified voter of the State of Texas and am and have been a bona fide resident of the C~ty of College
Station, Texas, for at least one (I) year I am not disqualified or ineligible to serve on the City Council if
elected
I reside at , Precinct . College Station, Texas.
Signed
Council Ballots
Section 79. The full names of all candidates for the city council as hereinbefore provided, except such as
may have withdrawn, d~ed or become ineligible, shall be printed on the official ballot without party
designation If two candidates with the same surnames, or with names so similar as to be likely to cause
confusion, are nominated, the addresses of their places of residence shall be placed with their names on the
ballot. The order of the names on the ballot shall be determined by lot. The official ballot shall be printed not
less than twenty (201 days before the date of election.
Laws Governing City Elections
Section 80. All City elections shall be governed, except as otherwise provided by this charter, by the laws of
the State of Texas governing general and municipal elections, so far as same may be apphcable thereto; and
in the event there should be any fmlure of the general laws or of this charter to provide for some feature of
College Statton CtO' Charter-I 5
the city elections, then the City Council shall have the power to provide for such deficiency; and no
informalities in conducting a C~ty election shall invalidate the same. if it be conducted fairly and in
substantial compliance with the general laws, where applicable and the Charter and ordraances of the City.
Canvassing Election
Section 81 Returns of elections, general and special, shall be made by the election officers to the City
Council not later than the second Wednesday next following such election, when the City Council shall
canvass the returns and declare the results of ibc election.
ARTICLE X
INITIATIVE, REFERENDUM AND RECALL
Power of Initiative
Section 82. The electors shall have power to propose any ordinance, except an ordinance zoning or rezoning
property, appropriating money, authorizing the issuance of bonds, or authorizing the levy of taxes, and to
adopt or reject the same at the polls, such power being 'known as the initiative. Any ininative ordinance may
be submitted to the City Council by a petinon signed by qualified electors of the City equal m number to at
least twenty-five ¢251 percent of the number of votes cast at the last regular municipal election.
Power of Referendum
Section 83. The electors shall have power to approve or reject at the polls any ordinance passed by the City
Council, or submitted by the City Council to a vote of the electors, such power being 'known as the
ret~rendum, except ~n the case of ordinances zoning or rezoning property, authorizing the issuance of bonds,
or making the annual tax levy Ordinances submitted to the City Council by initiative petition and passed by
the City Council without charge shall be subject to the referendum in the same manner as other ordinances
Within twenty ¢20) days after the enactment by the City Council of any ordinance which is subject to a
referendum, a petiuon signed by qualified electors of the city equal in number to at least twenty-five (251
percent of the number of votes cast at the last preceding regular municipal election may be filed with the C~ty
Secretary requesting that any such ordinance be either repealed or submitted to a vote of the electors
Form of Petitions; Committee of Petitioners
Section 84. Initmtive petition papers shall contain the full text ofthe proposed ordinance. The signatures to
initiative or referendum petitions need not all be appended to one paper, but to each separate petitmn there
shall be attached a statement of the circulator thereof as provided by this sectmn. Each s~gner of any petition
paper shall sign his name in ink or indelible pencil and shall indicate after h~s name his place of residence by
street and number, or other description sufficient to identify the place. There shall appear on each petition the
names and addresses of five electors, who, as a committee of the petitioners, shall bc regarded as responsible
for the circulation and filing of the pet~tmn. Attached to each separate petition paper there shall be an
affidavit of the circulator thereof that he, and he only, personally circulated the foregoing paper, that it bears
a stated number of s~gnatures, that all signatures appended thereto were made in his presence, and that he
believes them to be the genuine signatures o£tbe persons whose names they purporl to be.
Filing; Examination and Certification of Petitions
Section 85. All petition papers comprising an initiative or referendum petition shall be assembled and filed
with the City Secretary as one instrument. W~thin ten (10) days after the petition is filed, the City Secretary
shall detern~me whether each paper of the petition has a proper statement of the circulator and whether the
pemion is signed by a sufficient number of quahfied electors. The City Secretary shall declare any petition
paper entirely invalid which does not have atlached thereto an affidavit signed by the circulator thereof Ifa
petition paper is found to be signed by more persons than the number of signatures certified by the circulator,
College Statton Cts.' Charter-16
the last s~gnatures in excess of the number certified shall be d~sregarded. If a petition paper is found to be
signed by fewer persons than the number cemfied, the signatures shall be accepted unless void on other
grounds. After completing his examination of the petition, the City Secretary shall certify the result thereof
to thc c~ty council at its next regular meeting If he shall certify that the petition ~s insufficient, he shah set
forth in his certificate the pafliculars in which ~t is defective and shall at once not~fy the commmec of the
petitmncrs of his findings.
Amendment of Petitions
Section 86 An imtiat~ve or referendum petition may be amended at any time w~thin ten (10) days after the
notification of insufficiency has been sent by the C~ty Secretary, by filing a supplementary petition upon
additional papers signed and flied as provided in case of an original petition. The City Secretary shall, w~th~n
five (5 } days after such an amendment is filed, make examination of tbe amended petition and, if the petition
be st~]l insufficient, he shall file his certificate to that effect in his office and notify the committee of
petitioners of' his findings, and no furtber action shall be had on such insufficient petition. The finding of the
insufficiency of a petition shall not prejudice the filing of a new pemion for the same purpose.
Effect of Certification of Referendum Petition
Section 87 When a referendum petitwn, or amended referendum petition, has been certified as sufficient by
the C~ty Secretary, the ordinance specified in thc petition shall not go into effect, or further action thereunder
shall be suspended if it shall have gone into effect, untd and unless approved by the electors, as hereinafter
provided.
Consideration by City Council
Section 88. Whenever the City Council receives a certified initiative or referendum petition from the City
Secretary, ~t shall proceed at once to consider such petition. A proposed imtiative ordinance shall be read and
provision shall be made for a public hearing upon the proposed ordinance The City Council shall take final
action on the ordinance not later than sixty (60) days after the date on which such ordinance was submitted
by the City Secretary. A referred ordinance shall be reconsidered by the City Council and its final vote upon
such reconsideration shall be upon the question. "Shall the ordinance specified in the referendum petition be
repealed?"
Submission to Electors
Section 89. If the C~ty Council shall fail to pass an ordinance proposed by the initiative petition, or shall
pass it in a form different from that set forth in the petition therefor; or ffthe City Council l~ails to repeal a
referred ordinance, the proposed or referred ordinance shall be submitted to the electors not less then thirty
~30) days nor more than sixty (60) days from the date the city council takes ~ts final vote thereon. The city
councd may. if no regular election is to be held w~thin such period, provide for a special electron
Form of Ballot for Initiated and Referred Ordinances
Section 90. Ordinances submitted to vote of the electors in accordance w~th the imtiat~ve and referendum
provisions of this charter shall be submitled by ballot t~tle, which shall be prepared in all cases by the City
Attorney. The ballot t~tle may be different from the legal title of any such ~nitiated or referred ordinance and
shall be a clear, concise statement, without argumeat or prejudice, descriptive of the substance of such
ordinance; and if a paper ballot, shall have below the ballot t~tle the following propositions, one above the
other in the order ~nd~cated. "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE" Any number
of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper
ballot used for voting thereon shall be for that purpose only If voting machines are used, the ballot t~tle of
any ordinance shall have below it the same two propositions, one above the other or one preceding the other
in the order indicated, and the elector shall be given an opportunity to vote for e~ther of the two propositions
College Statton Cttv c"harter-I 7
and thereby to vote for or against the ordinance.
Results of Election
Section 91. Ifa majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof,
fl shall thereupon be an ordinance of the city A referred ordinance which is not approved by a majority of
the electors voting thereon shall thereupon be deemed repealed. If conflicting ordtnances are approved by the
electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the
extent of such conflict.
Repealing Ordinances; Publication
Section 92. Initiative and referendum ordinances adopted or approved by the electors shall be published, and
may be amended or repealed by the Ctty Council as in the case of other ordinances.
Recall; General
Section 93. Any member of the City Council may be removed from office by recall.
Recall Procedure
Section 94 Any elector of the Cfly of College Station may make and file with the City Secretary an affidavit
containing the name or names of thc officer or officers whose removal is soughl and a statement of the
grounds for removal The City Secretary shall thereupon deliver to the elector making such affidavit copies
of petition blanks demanding such removal The City Secretary shall keep a sufficient number of such
printed petition blanks on hand for distribution. Such blanks when issued by the C~ty Secretary shall bear the
signature of that officer and be addressed to the c~ty council, and shall be numbered, dated and indicate the
name of the person to whom issued. The petfl~on blanks when tssued shall also indicate the number of such
blanks issued and the name oftbe officer whose removal is sought The City Secretary shall enter in a record
to be kept ~n his office the name of the elector to whom the petition blanks were issued and the number
issued to said person
Recall Petitions
Section 95 The recall petition to be effect,ve must be returned and filed with the City Secretary within thirty
(30) days after the filing oftbe affidavit required tn Section I 11 ofthts Article. The petition must be signed
by qualified electors of the City equal in number to at least forty (40) percent of the total number of votes
cast for the ofrice in question at the last regular municipal election at which the office in question was filled
and must conform to the provisions of Section 101 of this Article. No petition papers shall be accepted as
pail of the petition unless they bear the signature of the C~ty Secretary as required ~n Section [[[ of th~s
Article
Recall Election
Sectton 96. The City Secretary shall at once examtne the recall petition and if he finds it sufficient and in
compliance with the provisions of this article of the charter, he shall within five ¢5) days submit it to the city
council with h~s certificate to that effect and notify the officer sought to be recalled of such action. If the
officer whose removal is sought does not resign within five (5) days after such notice the city council shall
thereupon order and fix a date for holding a recall election. Any such election shall be held not less than
thirty (30) nor more than sixty (60) days after the petition has been presented to the city council, however,
such elect~on may be held at the san~e time as any municipal election held with;n such period.
Ballots in Recall Election
Section 97. Ballots used at recall elections shall conform to the following requirements.
College Statto~! Ctn. L"ha~ ter-18
( 1 ) With respect to each person whose removal is sought the question shall be submitted "Shall Iname of
person) be removed from the office ofcouncilman by recall?"
(2) Immediately below each such question there shall be printed the two following propositions, one
above the other, in the order indicated:
"For the recall of(name ofpersonf'
"Against the recall offname of person)"
Results of Recall Election
Section 98 Ifa majority of the votes cast at a recall election shall be against the recall of the officer named
on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If
a majority of the votes cast at such an election be for the recall of the officer named on the ballot, he shall,
regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy
shall be filled as in other vacancies.
Limitations on Recalls
Section 99. No recall petition shall be filed against a Councilman within slx (6) months after he takes office,
nor in respect to an officer subjected to a recall electron and not removed thereby, until at least six (61
months after such election.
District Judge May Order Election
Section 100. Should the C~ty Council fail or refuse to order any of the elections as provided for in this amcle
when all the requirements for such elections have been complied w~th by the petitioning electors, then ~t shall
be the duty of ibc District Judge, upon proper application being made therefor, to order such elections and to
enfurce the carrying into effect of the provisions of this article of the charter.
ARTICLE XI
FRANCHISES AND PUBLIC UTILITIES
Control Over and Powers With Reference to CiO/Property
Section 101 The ownership, right of control and use of streets, highways, alleys, parks, public places and all
other real property of the City of College Station is hereby declared to be inalienable to the city, except by
ordinances passed by vote of the majority of the governing body of the city, as beremafter provtded; and no
franchise or easement involving the r.ght to use same, either along, across, over or under the same. shall ever
be valid, unless expressly granted and exercised in comphance with the terms hereof, and of the ordinances
granting the same. No act or omission of the c~ty, its governing body, officers or agents shall be construed to
confer or extend by estoppel or in&rection, any right, franchise or easement not expressly granted by
ordinance
The City of College Statton shall have the power, subject to the terms and provisions hereof, by ordinance to
confer upon any person or corporation, the franchise or right to use the property of the city, as defined tn the
preceding paragraph, tbr the purpose of furnishing to the public any general public service, including heat,
water, light, power, telephone service, refrigeration, steam, manufacture and distribution of ice. and the
carriage of passengers or freight, within the city and its suburbs, over the streets, highways, and property of
the city, or for any other purposes whereby a general service is to be furnished to the public for
compensauon or hire, to be paid to the franchise bolder, whereby a right to use the streets, highways or other
property of the city ts necessary or proper; and generally to fix and regulate the rates, tolls and charges of all
College Statton CtO, Chat ter- 19
public utilities of every kind operating within the corporate limits of the City of College Station.
Limitations
Section 102 No exclusive franchise or privilege shall ever be granted; nor a franchise, nor a privilege to
commence at any time after six (6} months subsequent to the taking effect of the ordinance granting the
same; and no franchise shall be directly or indirectly extended beyond the term originally fixed by the
ordinance granting the same, except as provided by the terms of this charter; nor, except as hereinafter
provided, shall any franchise be granted to any person, firm or corporatmn, their associates, assignees or
successors, to acquire the physical property, rights or franchise of another person, firm or corporation to
whom or which a franchise has already been granted by the c~ty, whereby the rights and properties held and
used under such franchise are assigned to any other person, firm or corporation which holds a franchise from
the city extending beyond the time of the expiration of the franchise of the person, firm or corporation selling
such physical properties, rights or franchises; provided, however, that when it shall appear that the pubhc
welfare wdl be promoted by permitting or requiring the properties of two or more companies doing the same
character of business to be under one common ownership the city may, ~n granting a franchise for such
properties, allow or reqmre the ownership of such properties to become vested in one ownership or one
corporation, provided that no debts or obligations of any of the companies so consohdated shall be assumed
by the corporation, person or association of persons acqmring the ownership of such properties except such
debts and obligations of said companies, or either of them as could at the time of the creation of such
~ndebtedness. lawfully be created under the Constitutmn and laws of the State of Texas; and only to the
extent that the assumption of such indebtedness is permitted under the provisions of the ordinance granting
such franchise and the amount of such indebtedness shall be fixed or limited in such ordinance and the same
shall not thereafter be increased except by such actual moneys as may hereafter be expended pursuant to the
rules and regulations to be formulated by the city council from t~me Io time
Procedure
Section 103. The City of College Station shall have the power by ordinance to grant any franchise or right
mentioned in the preceding sections hereof, which ordinance, however, shall not be passed finally until it
shall have been read at tluee (3) separate regular meetings of the City Council. No ordinance granting a
franchise shall pass any reading except by a vote of the majority of the City Council, and such ordinance
shall not take effect until sixty ¢60} days after its adoption on its third and final reading; provided, however,
that if at any trine before such ordinance shall finally take effect a petition shall be presented to the City
Council signed by not less than forty f40) percent of the bona fide qualified voters of the City, then the City
Council shall submit the question of the granting of such franchise to a vote of the qualified voters of the
City at the next succeeding general election to be held in the City, provided that notice thereof shall be
pubhshed ~n at least ten fl01 successive issues of the official newspaper of the City of College Station prior
to the holding of such election. Ballots shall be used briefly describing the franchise to be voted on and the
terms thereof and containing the words, "For the granting of a franchise", and "Against the granting of a
franchise". The vote shall be canvassed by the c~ty council, and should ~t result that a majority of those
voting thereon cast their votes "For the granlmg of a franchise", lhen by order entered in its minutes, the city
council shall so declare and such franchise shall at once take effect. But should a majority of the votes be
cast "Against granting a franchise", then the City Council by order entered ~n its minutes shall so declare and
such franchise shall not take effect. In case a franchise ~s refused by the City Council, then the matter may be
submitted to the qualified voters on petition, as hereinbefore provided, and a failure to finally pass on an
apphcat~on within six ~61 months after the fihng of such apphcation shall be construed as a refusal. The City
Council in passing an ordinance granting a franchise may provide therein that it shall not take effect until the
same shall have been submitted to and approved by a majority of the qualified voters voting thereto at a
general election. All expenses of publication shall be borne by the applicant for the franchise, who shall
make a deposit in advance to cover the estimated cost of pubhcation, the amount of the deposit to be
College Statton City Charter-20
determined by the City Manager.
Term and Conditions
Section 104. No determinate or fixed-term franchise shall ever be granted for a longer term than twenty-five
(25} years, nor shall any right, privilege or franchise now in existence be extended beyond the period now
fixed for ~ts termination, directly or indirectly, or through any means whatsoever, and any ordinance in
violation or evasion of this prohibitmn shall be absolutely void; prowded, however, that any corporation,
person or association of persons now holding any franchise under any charter, charters or ordinances of the
C~ty of College Stauon may, with the consent of the city council surrender such franchise or franchises,
subject to the provisions of the City Charter then m force, and take a new franchise under such charter, or a
new franchise may be granted to a new company or another person with the privilege of acquiring the
properties of such franchise holder upon the surrender of the franchise rights then held. No subsidiary
franchise or franchises of any character appertaining or relat.ng to any other franchise holder, or to any
person, firm or corporation acting directly of indirectly for such franchise holder, shall be granted, and any
such grant in wolatiun of this prohibition shall be absolutely void to the extent of the excess in time beyond
the life of such main franchise No franchise, privilege or easement shall ever be used or operated so as to
extend or enlarge any other franchise or privilege granted by the City except upon surrender of such original
franchise as herein provided, and any violation of this prohibiuon shall operate as a forfeiture of each and all
such franchise privileges or easements. No holder of a franchise heretofore or hereafter granted shall have a
right (unless such fight is granted in the franchise} to transfer or assign its properties and franchise to any
other person, firm or corporation without the consent of the city council, and such consent when given shall
not operate as the granting ora franchise or as a new franchise.
The City Council shall have the power to compel all persons, firms or corporations operating any public
utilities in the city, whether operaung under ex~sting franchises, or franchises that may be hereafter granted,
to extend their service, lines, pipes, etc., if the person to be benefited by such extension will pa) the cost
thereol: or if ~t can be shown that the revenue resulting from such extension will, within a reasonable time
after same ~s made, pay a reasonable return on the investment, after making the customary allowance for
depreciation
All public utility franchises in the City of College Stauun shall be held whether expressed in the ordinance or
not, subject to the fight of the city, each of the following being a condition
(1)
To repeal the same by ordinance at any ume for failure to begin construction or operation walhin the
time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised
only after due nonce and hearing.
(2) To rcqmre an adequate extension of plant and service, and the maintenance of the plant and fixtures
at the highest reasonable standard of efficiency.
(31 To establish reasonable standards of service and quality of products and prevent unjust discrimination
~n service or rates.
(4)
To prescribe the form of accounts kept by such utihty; provided, that if the utihty shall keep its
accounts in accordance wRh the uniform system of accounts for sand utihty prescribed by the
National Association of Rmlroad and Public Utility Commissioners, the Federal Power Commissmn,
the Federal Communicatmns Commission, lhe Railroad Commission of Texas, their successor or
successors, this shall be deemed sufficient compliance with this paragraph.
College Stat(on Ctn, Charter-21
(5) At any time to examine and audit the accounts and other records of any such utility and to require
annual and other repons, including reports on local operations by each such public utility.
(6) To impose such reasonable regulations and restrictions as may be deemed desirable or conducive to
the safety, welfare and accommodation ofthe public
(7) To fix and regulate the price and rates for the service to be performed under the franchise.
(8) To require such compensation and rental as may be permitted by the laws of the State of Texas.
Every public utility franchise hereafter granted shall be subject to the terms and conditions of this charter,
whether such terms and conditions are specifically mentioned in the franchise or not.
Utility Rates and Charges
Section 105 The City Council shall have the poxver by ordinance to fix and regulate the price of water, gas,
eleett~c lights, electric power and steam heat, and to regulate and fix the fares, tolls and charges of local
telephone service and charge of all public buses, carriages, hacks and vehicles of every kind, whether
transporting passengers, frelgh! or baggage; and generally to fix and regulate the rates, tolls and charges of
all public utilities of every kind operating within the corporate hmits of the City of College Station.
Applicable to Streets and Highways
Section 106 The right to the u~e of the public streets, highways, alleys and thoroughfares of this city which
necessitates the digging up, or displacement thereof, for the installation of equipment, apphances or
appurtenances, either on, above or below the surface of same to make the intended use thereof practicable,
shall be deemed and considered "a franchise", the granting of which shall be governed and controlled in the
manner herein provided.
The use of such public streets, highways, alleys and thoroughfares of this city which does not require the
digging up or similar interference w~th said streets, alleys or highways for the installatmn of equipment,
appliances or appurtenances to make the intended use possible, shall be treated and considered as "a
privilege", subJect to the control and disposition of the city council, and such privilege over and upon the
pubhc streets, alleys, highways and thoroughfares of the city shall not be granted to any person or
corporation except when public necessity and convenience may require such use, and then only by ordinance
passed by the city council
All franchises for the use and occupancy of public streets, highways, alleys and thoroughfares of this c~ty
shall, ~n event public necessity and convenience so require, be subject to cancellation by the city council; and
the City reserves the right to require all public utilities holding franchises from the City of College Station to
conform to street grades, and alter or lower their underground structures to meet changing conditions
Public Service Corporation to File Annual Reports
Section 107. It shall be the duty of the City Council to pass an ordinance requiring each public service
corporation operating within the corporate hmits of the c~ty to file a sworn annual report of the receipts from
the operation of such business for the current year showing how such receipts were expended, how much
thereof for betterments or ~mprnvements, the rate o£ tolls or charges for scrv~ces rendered to the public, and
any other facts or information that the City Council may deem pertinent for its use in intelhgcntly passing
upon any questions that may ar~se between the City and the smd public service corporations: all reports to be
filed with the City Secretary and preserved for the use of the City Council.
College Statton C~O, Charter-22
Option to Purchase
Section 108 Any public utility franchise may be terminated by ordinance after ten (10l years after the
beginning of operation, whenever the City Council shall determine to acquire by ¢ondenmatlon or otherwise
the property of such utility necessarily used in or conveniently useful for the operation of the city within the
city limits.
Consent of Property Owners
Section 109. The consent ofabutl~ng and adjacent property owners shall not be required for the construction,
extension, mmntenance or operation of any public utility, but nothing in this charter or m any franchise
granted there under shall ever be construed to deprive any such property owner of any right of action for
damage or injury to his property as now or hereafter provided by law.
Extensions
Section 110. All extensions of public utilities within the City limits shall become a part of the aggregate
property of the public utility, and shall be operated as such, and shall be subject to all the obligations and
reserved rights contained in this Charter and in any original grant hereafter made. The right to use and
maintain any extension shall terminate with the original grant and shall be terminable as provided ~n this
charter In case of an extension of a public utility operated under a franchise hereafter granted such right
shall be terminable at lhe sante time and under the same conditions as the original grant
Other Conditions
Section 11 I. Ail franchises heretofore granted are recognized as contracts between the City of College
Station and the grantee, and the contractual fights as contained m any such franchises shall not be impaired
by the provisions of this charter, except that the power of the City of College Station to exercise the right of
eminent domain in the aeqmsition of any utility property is in all things reserved, and except thc general
power of the City heretotbre existing and herein provided for to regulate the rates and services of a grantee,
which shall include the right to require proper and adequate extension of plant and service and the
maintenance of the plant and fixtures at the highest reasonable standard of efficiency Every public utility
franchise hereinafter granted shall be held subject to all the terms and conditions contained in the various
sections ofth~s article, whether or not such terms are specifically mentioned in the franchise. Nothing in this
charter shall operate to limit m any way, as specifically stated, the discretion of the C~ty Council or the voters
of the City m imposing terms or conditions as may be reasonable in connection with any franchise grant.
Franchise Records
Section 112. Within six (6) months after this charter takes effect every public utility and every owner of a
public utihty franchise shall/lie with the C~ty Council, as may be prescribed by ordinance, certified copies of
all franchises owned or claimed, or under which such utility is operated m the C~ty of College Station The
City shall compile and maintain a pubhc record of public utility franchises.
ARTICLE XII
GENERAL PROVISIONS
Publicity of Records
Section 113. Records and accounts of every office, department, or agency of the C~ty shall be open for
mspecuon and copying as provided by V.T.C.A., GOVERNMENT CODE. CH. 552. Public Information, as
amended
College Stanon CtO, Charter-2$
Personal Interest
Section 114. No member of the City Council or any officer or employee of the City shall have a flnanctal
interest d~rect or indtrect or by reason of ownership of stock m any corporation, in any contract with thc City,
or be financially interested directly or indirectly in the sale to the City of any land, materials, supplies or
services except on behalf of the C~ty as an officer or employee, provided, however, that the provisions ofthts
section shall only be applicable when the stock owned by the officer or employee exceeds one I 1 ) percent of
the total cap~tal stock of the corporation. Any willful violation of this section shall consutute malfeasance in
office and any officer or employee guilty thereof shall thereby forfeit his office or posiuon. Any violatmn of
this section with the knowledge expressed or ~mplicd of the person or corporation contracting with thc C~ty
shall render the contract voidable by the City Council or C~ty Manager.
No Officer or Employee to Accept Gifts
Section 115. No officer or employee of the City of College Station shall ever accept, directly or indirectly.
any g~fl. favor, privilege or employment from any public utdity corporation enjoying the grant of any
franchtse, privilege or easement from the city during the term of office of such officer, or during the
employment of such employee, except as may be authorized by law or ordinance; provided, however, that
pohcemen and firemen in uniform or wearing their official badges may accept such free services where the
same ns permitted by ordinance. Any officer or employee of the City who shall v~olate the provisions of this
sectton shall be guilty of a misdemeanor and may be pumshed by any fine that may be prescribed by
ordinance for this offense, and shall forthwith be removed from office.
Relatives of Officers Shall Not be Appointed or Employed
Section 116. No person related within the second degree of affinity, or within the third degree of
consanguinity, to members of the City Council or the Ctty Manager shall be appointed to any office, position
or service in the City
Oath of Office
Section I 17. Every officer of the City shall, before entering upon the duties of his office, take and subscribe
to the following oath or affirmation, to be filed and kept m the office of the City Secretary
"I, , do solemnly swear (or affirm) that I will faithfully execute the duties of the
office of , of the City of College Station, State of Texas, and will to the best of my ability
preserve, protect and defend the constitution and laws of the United States and of this state and the charter
and ordinances of th~s City. and I furthermore solemnly swear (or affirm) that I have not directly or
indirectly paid, offered, or promtsed to pay, contributed or promised to contribute any money or valuable
th~ng, or promised any pubhc office or employmem as a reward for the giving or withholding a vote at the
election at which I was elected, or if the office is one of appointment, to secure may appointment. So help me
God."
Notice of Injury or Damage
Section 118. The City shall never be liable for any personal injury, whether resulting in death or not, unless
the person injured, or someone in his behalf, or in the evem the injury results tn death, the person or persons
who may have a cause of action under the law by reason of such death or injury, shall file a notice in writing
with the City Secretary within ninety (90) days after the same has occurred, stating specifically in such
notice when, where and how the exact injury occurred, the full extent of the injury, the amount of damages
claimed or asserted, and a list of persons, if known, who witnessed the injury The City shall never be liable
for any claim for damage or injury to personal property unless the person whose personal property has been
injured or damaged, or someone tn h,s behalf, shall file a claim tn wnttng wtth the C~ty Secretary within
College Statton Ct.ty Charter-24
ninety (90) days after said damage or injury occurred, stating specifically when, where and how the damage
or ~njury was sustained. The person glwng notice under this Section shall subscribe his name to the notice
under oath that the statements and facts contained in said notice are true and correct.
Power to Settle Claims
Section 119 The City Council shall have the power to compromise and settle any and all claims and
lawsuits of every kind and character in favor of or against the City, including suits by the City to recover
delinquent taxes.
Service of Process Against the City
Section 120. Legal process against the C~ty shall be served upon the Mayor or Mayor Pro Tem.
City Not Required to Give Security or Execute Bond
Section 121. It shall not be necessary in any action, suit or proceeding in which the City of College Station
is a party, for any bond, undertaking or security to be demanded or executed by or on behalf of the city m
any of the state courts; but in all such actions, suits, appeals or proceedings, the same shall be conducted in
the same manner as ~f such bond, undertaking or security had been given as required by law, and the City
shall be just as liable as if security of bond had been duly executed
Liens Against City Property
Section 122. No lien of any kind shall ever exist against any property, real or personal, owned by the City
except that same be authorized by law, and created pursuant to an ordinance providing for such lien.
Provisions Relating to Assignment, Execution and Garnishment
Section 123. Property, real and/or personal, belonging to the City shall not be liable to be sold or
appropriated under any writ of execution or cost bill Funds belonging to the City. in the hands of any
person, firm or corporation, shall not be liable to garnishment, attachment or sequestration; nor shall the city
be liable to garmshment 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 or 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.
Power to Remit Penalties
Section 124. The City Council shall have the right to remit in whole or in part any fine or penalty belonging
to the City which may be imposed under any ordinance or resolution passed ~n pursuance ofth~s Charter
Church and School Property Not Exempt From Special Assessments
Section ] 25. No property of any kind, church, school or otherwise, in the City of College Station shall be
exempt from any of the special taxes and assessments authorized by this Charter for local improvements
unless the exemption is required by state law.
Sale or Lease of Property Other Than Public Utilities or Acquired by Tax Sale
Section 126. Any real property owned by the City may be sold by the City Council when in ~ts judgment
such sale will be in the best interest of the City, subject to the provisions of V T.C.A., LOCAL GOVERNMENT
CODE. Chapter 272. Sale or Lease of Property by Municipalities, Counties, and Certain Other Local
Governments. as amended, and such other laws as are applicable for Home Rule Cities pertaining to the
necessity for public bids. The sale of land may be subject to referendum or initiative for a thirty-day period
after the sale and shall not be effective until the exp~rat~un of said thirty-day period. If during such thirty-day
period a referendum or untiatlve petition is presented to the C~ty Secretary. which in all respects conforms to
College Stutton Ctn' Charter-2$
the referendum or initiative provisions of Article X of this Charter and the same ~s found sufficient, then the
City Secretary shall certify the sufficiency of the same to the City Council and an election shall be called
submitting the question of the sale of the property to the voters This right of referendum or initmtive shall
not apply to public utilities or to property sold by the City at tax sales.
Effect of This Charter on Existing Law
Section 127 All ordinances, resoluuons, rules and regulations now m force under the city government ofthe
C~ty of College Station and not in conflict with the provismns of this Charter shall remain in force under this
charter untd altered, amended or repealed by the City Council after this Charter takes effect; and all rights of
the City of College Station under existing franchises and contracts are preserved m full force and effect to
the City. When adopted, this Charter shall become the law oftbe City of College Station.
Continuance of Contracts and Succession of Rights
Section 128. All contracts entered into by the City of College Station prior to the taking effect ofth~s charter
shall continue in full force and effect. Public improvements for which legislative steps have been taken under
laws or ordinances ex~sting at the time this charter takes effect may be canned to completion in accordance
with the provisions of such existing laws or ordinances.
All suits, taxes, penalties, forfeitures and all other rights, claims and demands which have accrued under the
laws heretofore in force governing the City of College Station, shall belong to and be vested in and shall be
prosecuted by and for the use and benefit of the corporation hereby created, and shall not in anywise be
diminished, affected or prejudiced by the adoption and taking effect of this Charter.
Construction and Separability Clause
Section 129. This charter shall be liberally construed to carry out its intents and purposes. If any section or
part of any section of this Charter shall be held invalid by a court of competent jurisdiction, such holding
shall not affecl the remainder of this Charter nor the contexl in which such section or part of section so held
invalid may appear, except to the extent that an entire section or part of section may be inseparably
connected m meaning and effect with the section or pan of section to which such holding shall directly
apply.
Amending the Charter
Sectmn 130 This Charter may be amended in accordance with the provisions of the statutes of the State of
Texas.
Submission of the Charter to Electors
Section 131 The Charter commission in preparing this charter finds and decides that it is impracticable 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 m order to enable it to work and function ~t is necessary that it should be adopted in ~ts
entirety. For these reasons the Charter commission direcls that the Charter be voted upon as a whole and that
it shall be submitted to the qnahfied voters of the City of College Station at an election to be held for that
purpose on January 8, 1952. Ifa 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 City of College Station, and al~er the returns
have been canvassed the same shall be declared adopted.
An official copy of the Charier shall be filed wRh the records of the City and the Mayor shall as soon as
practicable certify to the Secretary of State an authenticated copy under the seal of the city, showing the
approval by the qualified voters ofsuch charter
College Station Cra, Charter-26
In not less than thirty (30) days prior to such elecuon the City Council shall cause the City Secretary to marl
a copy of this Charier to each qualified voter of the City of College Station as appears from the Tax
Collector's roll for the year ending January 31 preceding smd elecuon.
Rearrangement and Renumbering
Section 132. The City Council shall have the power, by ordinance, to renumber and rearrange all articles,
sections, and paragraphs of this Cha_~er or any amendments thereto; and upon the passage of any such
ordinance, a copy thereof, certified by the City Secretary, shall be forwarded to the Secretary of State for
filing.
We, the undersigned members of the Charter Commission of the City of College Station, do hereby
certify that this publication constitutes a true copy of the proposed charter of the City of College Station,
Texas.
J.H Sorrels
S A. Lipseomb
J.C. Culpeppcr
L.S. Richardson
A.P. Boyett
D.B. Corer
G.W. Black
Charles LaMotle
(Signed) Chairman
Ernest Langford, Chmrman
(Signed} Secretary
J A Orr, Secretary
H E. Burgess
Ray Oden
Truman H. Jones
W.D. F~tch
J W. Barger
S.R Wright
R B. Halpin
A A. Price
SUBSEQUENT REVISIONS OF ORIGINAL CHARTER
Eight Charter Revision Commissions were subsequently appointed by the C~ty Council to update the
Charter.
Those serving on the Commission which made recommendations approved by the public at a special
election held on April 2, 1963 included:
JA. Orr
D.A Anderson
A L. Rospnm
Bardm Nelson
John W Hill
Col. Frank H Mathews
C.W Landiss
J H. Sorrels
A.P. Boyett
Marion Pugh
Charles LaMotte
William A Smith
Members of the Commission which made recommendations for Charter changes approved by the public
in a special election held on January 13, 1968 were'
John S. Denison
Bardin Nelson
Ewing E. Brown
Edwin S Holdredge
John W. Hill
Wilbert Beck
Phillip B. Goode
Codie D. Wells
Philhp H Steen, Jr
Carl W Landiss
Members of the Commission which made recommendations for Charler changes approved by the public
in a special election held on April 4, 1972 were:
O.M. Holt
James H. Dozier
Dorsey McCrory
Robert F. White
John S. Denison Joe R. Sawyer
John B. Longley
College Station Ctn, Charter-2 7
Members of the Commission which made recommendations for Charter changes approved by the public
in a special election held on April 3, 1976 were:
Dr W.E. Benton
M.L. Cashlon
James Dozier
Steven Eberhard
Mae Holleman
W.W. Scott, Jr
Earl Bennett
Jerry Cooper
J.B (Dick) Hervey
Neely Lewis
Members of the City Council which sat as the Charter Rewsion Commission to make recommendations for
Charter changes approved by the public in a special electron held on April I, 1978 were:
Mayor Lorence Bravenec Anne Hazen
James Gardner Lane Stephenson
James Dozier
Gary M. Halter
Larry Ringer
Members of the City Council which sat as the Charter Revision Commission to make recommendations for
the Charter changes approved by the public in a specml election held on August 13, 1983 were
Mayor Gary Halter
Alvin Prause
Robert Runnels
Lynn McIIhaney
Vicky Reinke
Gary Anderson
Patricia Boughton
Members which sat as the Charter Review Committee to make recommendations for the Charter changes
approved by the public in a mumc~pal election held on May 2, 1992 were:
Chris Kling
Lorence aravenec
Robert Bednarz
Ann Jones
Terri Tongco
Gene Benton
J.B {Dick) Hervey
College Station City Council members who made recommendations for the Charter change approved by the
public in a municipal election held on May 2, 1998 were:
Lynn Mcllhaney
Swik~ Anderson
Dick Birdwell
David Hickson
Larry Mariott
Hubbard Kennady
Steve Esmond
College Station C~ty Council members who made recommendations for the Charter change approved by the
public in a municipal electron held on November 4, 2003 were:
Run Sdvia
Robert Wareing
Anne Hazen James Massey John Happ
Scotl Mears Dennis Maloney
College Statton Ctn. Charter-28
INDEX OF CONTENTS
Page
INCORPORATION: FORM OF GOVERNMENT: TERRITORY
I Incorporation ................................................................................. I
2 Form of Government ............................................................. !
3 Boundaries .....................................................................
4 Precinct Boundaries ................................................................. 1
CORPORATE AND GENERAL POWERS
5 Power of the City .......................................................................... I
6 Extenswn of City Limits Upon Petition ......................................... 2
7 Extension of City Limits by the City Council ............................................ 2
8 Eminent Domain ............................................................................ ',
9 Estabhshment and Control of Streets ............................................................... 2
l0 Street Improvements .............................................................. 3
I I Garbage Disposal ....................................................... 3
12 Corporation Court ...............................................................
13 Santtary Sewer System .................................................. 3
14 Pubhc Utilities; Powers of the City ................................................ 3
15 S~gnsand Bdl Boards ............................................................... 3
16 Nuisanees: Control and Pohclng ............................................. 3
THE CITY COUNCIL
17 Number, Selection, Term ............................................................... 4
18 Qualification ..................................................................... 4
19 Compensation of Members ................................................................... 5
20 Presiding Officer. Mayor ................................................................. 5
21 Vacancies ...................................................................... 5
22 Powers ....................................................................... 5
23 Appointment and Removal of City Manager .................................................... 6
24 Council Not to Interfere in Appomtmen(s or Removals ....................................... 6
25 Rights of the Cfly Manager and Other Officers in Council .................................. 6
26 Admm~strstive Departments .......................................................... 6
27 C~ty Secretary ............................................................ 7
28 C~ty Judge ................................................................... 7
29 City Attorney ............................................................................ 7
30 Inductton Imo Office, Meetings ................................................................ 7
31 Ctty Councd to be Judge of Qualification of ~ts Members ......................................... 7
32 Rules of Procedure, Journal ..................................................... 8
33 Ordmanees ...................................................................... 8
34 Procedure for Passage ot'Ordmances ................................................... 8
35 Investigation by City Courted ............................................................... 8
36 Independem Annual Audit ..................................................................... 8
37 Housing Authority ....................................................................... 9
38 Disabled Employees, Pensions and lnsuranee ................................................. 9
THE CITY MANAGER
39 Qualifications ........................................................................ 9
40 Power and Duties ............................................. 9
41 Absence of City Manager .............................................. I 0
42 Directors of Departments ..................................................... l0
43 Departmental Divisions .............................................. l0
Colleooe Statton Cts., Charter-29
THE BUDGET
44 Fsscal Year ....................................................................... l0
45 Preparatson and Submission of Budget ...................................................... 10
46 Proposed Expenditures Compared With Other Years ...................................... 10
47 Budget a Pubhc Record ..................................................................... I0
48 Notice of Public Hearing on Budget ............................................. 10
49 Pubhc Heanngon Budget ................................................................ 10
50 Proceedings on Budget After Public Hearing Amending or Supplementing Budget .............
51 Proceed,ngs on Adoption of Budget ...........................................................
52 Vote Required for Adoptwn ................................................
53 Date of F~nal Adoption, Fmlure to Adopt ....................................................
54 Effective Date of Budget. Cenificat,on. Cop~es Made Available ................................
55 Budget Establishes Approprmtion~ ....................................................
56 Budget Establishes Amount Io be Raised by Property Tax ...............................
57 Contingent Appropriation .........................................................
58 Estimated Expenditures Shall not Exceed Estimated Resources ...................................... 12
59 Emergency Appropr,ations .................................................. 12
CITY BONDS AND TIME WARRANTS
60 General Obhgal,oq Bonds ............................................................... 12
61 Revenue Bonds ............................................................ 13
62 Incontestabihty of Bonds ....................................................................
63 Time Warrants ............................................................................ 13
64 Investments .............................................................................. 13
FINANCE ADMINISTRATION
65 Director of Finance. Appointment ........................................................ 13
66 Fees Shall be Prod to C~ty ......................................................... 13
67 Contracts for Improvements .............................................................. 13
68 Disbursement ol'l'unds ................................................................ 13
69 Borrowing ~n Antic,pation of Property Taxes ............................................ 14
70 Borrowing ~n Anti¢~patwn of Other Revenues ................................... 14
TAX ADMINISTRATION
71 Power to Tax ........................................................................ 14
72 Property SubJect to Tax: Method o£ Assessment ........................................ 14
(Sections 86.87 88 and 89 have been repealed)
73 Taxes, When Due and Payable ............................................................ 14
74 Seizure and Sale of Personal Property ......................................................... 14
75 Tax L,ens .....................................................................................
NOMINATIONS AND ELECTIONS
76 Municipal Elections ................................................................ 15
77 Regulauon of Elect~ons ................................................................. 15
78 How to Get Name on Ballot ................................................... 15
79 Council Ballots ......................................................................
80 Laws Govero~ng C~ty Elect~ons ......................................................... 15
81 Canvassing Election ......................................................... 16
INITIATIVE, REFERENDUM AND RECALL
82 Power of Initmtlve ............................................................. 16
83 Power of Referendum ................................................................ 16
84 Form ofPet~tions, Comm~tlee of Petitioners ............................... 16
85 Fdmg: Examination and Cemfication of Petitions ................................. 16
86 Amendment of Peutions. . . 17
87 Effect o£Certfl]cat~on of Referendum Petition ................................... 17
88 Cons~derauon by City Council .................................................... 17
89 Submission to Electors ................................................... 17
College Statton Cts. Charter-SO
90 Form of Ballot for Initiated and Referred Ordinances ........................................ 17
91 Results of Election .................................................................................................. 18
92 Repealing Ordinance; Publication ......................................................... 18
93 Recall;General ................................................................................. 18
94 Recall Procedure .............................................................................. 18
95 Recall Petitions .................................................................... 18
96 Recall Elect~ons .............................................................. 18
97 Ballots ~n Recall Election ....................................................... 18
98 Results of Recall Election .................................................................. 19
99 L~m flations on Recalls ................................................................... 19
100 District Judge May Order Election ......................................................... 19
FRANCHISES AND PUBLIC UTILITIES
101 Control Over and Powers W~th Reference to C~ty Property. ................................ 19
102 Limitations ......................................................................... 20
103 Procedure ................................................................. 20
104 Term and Condmons .................................................................... 21
105 Utd~ty Rat~s and Charges ................................................................ 22
106 Apphcable to Streets and Highways ............................................... 22
107 Pubhc Service Corporations to Fde Annual Reports ............................... 22
108 Option to Purchase ....................................................... 23
109 Consent of Property Owners ................................................................... 23
110 Extensmns ...................................................................... 23
I I IOther Cond~uons ............................................................................. 23
112 Franchise Records .................................................................... 23
GENERAL PROVISIONS
113 Publicity of Records ....................................................... 23
114 Personal Interests .......................................................... 24
115 No Officer or Employee to Accept Gifts ............................................. 24
116 Relatives of Officers Shall Not be Appointed or Employed ............................... 24
117 Oath of Office ...................................................................... 24
118 Damage Suits .............................................................................. 24
119 Power to Settle CImms .................................................... 25
120 Service of Process Against the City ........................................................ 25
121 C~ty Not Reqmred to G~ve Security or Execute Bond ................................... 25
122 L~ens Against City Property ................................................................ 25
123 Provisions Relating to Assignment, Execution and Garmshment ........................ 25
124 Power to Remit Penalties ...................................................... 25
125 Church and School Property Not Exempt From Specml Assessments ............................... 25
126 Sale or Lease of Propert) Other Than Public Utilities or Acqmred by Tax Sale ................... 25
127 Effect of this Charter on Ex~stmg Law ...................................... 26
128 Conunuance of Contracts and Succession of R~ghts ................................................ 26
129 Construction and Separabilily Clause .................................. 26
130 Amending the Chatter ............................................................ 26
131 Submission of the Charter to Electors .................................................... 26
132 Rearrangement and Renumbermg ................................................ 27
College Statton Ctt~ Charter-31