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Home My WebLink About1983 ?? Edition CharterAR77CLE I INCORPORATION: FORM OF GOVERNMENT: TE 0TORT I *'I 1."- 71 -.0 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 shrll 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 according to State and Federal law in the manner prescribed by this charter, or, if the manner be not prescribed, then in such manner as may be prescribed by ordinance. :. I. Section 3. The bounds and limits of the City of College Station are hereby established and described as shown by the articles of incorporation, the several annexation ordinances 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. l• �+ �- M VVLal i—N&N�:_ ;iok;)N;4� Powers of the City Section S. The city shall have all the powers granted to municipal corporations and to cities by the constitution and laws of the State of Texas, together with all the implied powers necessary to carry into execution all the powers granted. The city may acquire property within or without its corporate limits for any city purposes in fee simple or any lesser interest or estate, by purchase, devise, lease, or condemnation; and may sell, lease, mortgage, hold, manage and control such property as its interests may require; and, except as prohibited by the constitution of this state or restricted by this charter, the city shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The city may use a corporate seal; may sue and be sued; may contract and be contracted with; may implead and be impleaded in all courts and places and in all matters whatever, may cooperate with the government of the State of Texas or any agency thereof, the Federal Government or any agency thereof, or any political subdivision of the State of -2 - Texas, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the city or its inhabitants; and may pass such ordinances as may be expedient for maintaining and promoting the peace, welfare and government of the city, and for the performance of the functions thereof. The enumeration of particular powers by this charter shall not be deemed to be exclusive; and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City of College Station shall have, and may exercise, all powers of local self-government, and all powers enumerated in C13a�te -l3; -Tide-38; -Revised- Civil --Statutes -o€-the-State- ei of -1426,, the amended), and the acts amendatory thereof and supplementary thereto, now or hereafter enacted or any other powers which, under the constitution and laws of the State of Texas, it would be competent for this charter specifically to enumerate; and also such further powers as may hereafter be granted under the constitution and laws of the State of Texas. Extension of City Limits upon Petition Section 6. Whenever a majority of the qualified voters who are citizens of the State of Texas and inhabitants of any territory adjoining the City of College Station, as such territory may be designated by the City Council; or in case there are no qualified voters in such territory, then when persons owning a majority of land in area of said territory desire the annexation of such territory to the City of College Station, they present a written petition to that effect to the City Council and shall attach to said petition the affidavit of one or more of their number to the effect that such petition is signed by a majority of such qualified C voters; or in case there are no qualified voters said affidavit shall be to the effect that there are no qualified voters in said territory and that the persons signing the petition own a majority of the land in the area of such territory; and ( thereupon the City Council may annex such territory in accordance with the t provisions of the "Municipal Annexation Acct"a-.9?-8e�-VeniGn!s-4kuwtated Texas- statutes Texas Local Government Code, Chapter 43, Vernon 1988, as it presently is written or may hereafter be amended. ` Extension of City Limits by the City Council Section 7. The City Council shall have power by ordinance to fix 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 said City, with or without the consent of the territory and inhabitants annexed. The City shall follow the procedures set forth in the "Municipal Annexation Act," Ar6ole-a-7Oa;-Venwn!s-Annotated--Texa&statWes Texas Local Government Code. Chanter 43. Vernon 1988. as it is presently written or may hereafter be amended. Sea6en-8:-'Fhe-Q*-Couaaif- eR--have-"wer-by-.Grdkmnee-4o-ate*-of-©hwge i�tto-weds; desigMat�g--Ehe-same-b�-na�ie� a�--deser��g-t�teat-�-metes-arid bounds--of-©them-adegt�ately;--xovided-e-skal}-be-a4-all--tomes -a-least dxee--(4-wards--within--the--eiofi--to-subdivide--wards---existirig--er--that--may hereafter-4m-established--so-tiat -eaek- ward-shall--oontain-es--neariy-oe-possible -3- tire-same-�au�e�-©€-eleeto�-and-tai-d�ange-�uoH-�rar-cis-£r©rp--�e-to-tie-es the-eity-eeanoil inay-deem-e&x}edien6 Section 9. The city 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 powers conferred upon it by this charter, 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, i-may-die--«antrolled; as=-lye-as--pFac�tieable;- ley -fie -saws the city may aloe exercise the power of eminent domain in any otheF 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 i 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 j purpose, even though not specifically enumerated herein or in this charter. Establishment and Control Or Streets Section 10. The City of College Station 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 property or places of all obstructions and encroachments of every nature or character upon any of said streets, alleys, and sidewalks. Streets Improvements Section 11. The City of College Station shall have exclusive domain, control and jurisdiction in, upon, and over and under the public streets, avenues, alleys and highways of the city, and may provide for the improvement thereof by paving, repaving, raising, draining or otherwise. The provisions of Chapter-406rFerieth Acetated--Civil--Statutes--o€ T-e$as; Texas Revised Civil Statutes Annotated. article 1108b (Vernon SunAlement 1989). together with existing amendments and all such amendments as hereafter may be made, and acts supplementary thereto, now or hereafter enacted, are expressly adopted and made a part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, 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, lines, wires or other property. Section 12. The city council shall have the right by ordinance to adopt and prescribe rules and regulations for the handling and 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 -4 - of garbage, trash and rubbish, and to provide rules and regulations for the collection thereof. Mundval Court Section 13. There shall be a court for the trial of misdemeanor offenses known as the Cerpmati©n Municipal Court of the City of College Station, with such powers, procedures and duties as are given and prescribed by the laws of the State of Texas for oeFWaflen municipal courts. Sanitary Sewer System Section 14. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such system; to provide for fixing penalties for failure to make sanitary sewer connections; and to provide for fixing alien 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 the city for sewerage service, and to provide rules and regulations for the collection thereof. Public Utilities; Powers of the City Section 15. In addition to its power to buy, own, construct, maintain and operate utilities and to manufacture and distribute electricity, gas or anything else for sale 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 16. The city shall have the power to license, regulate, control or prohibit the erection of signs or bill boards. Nuisances; Control and Policing Section 17. The city shall have the power to define all nuisances and prohibit the same within the city and outside the city limits €bF----distanee-4--five ffiausand(M)kwt within the extraterritorial jurisdiction: to have power to police all parks or grounds, speedways or boulevards owned by the city and lying outside the City; 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 outside the city limits, from which milk or meat is t furnished to the inhabitants of the city. -5 - ARTICLE III THE CITY COUNCIL Number, Selection, Term Section 18. The City Council shall be composed of the Mayor and six (6) councilmen afld-skald be-�as dae"City-o€-College-Statien� (a) The Mayor and other members of the City Council shall be elected from the City at large. (b)- T -he --1 ay -or --shall- be--the-VfesW-e-4-4he-aity-{so il-an&shal --be admi�tistradve-duties:--Tke-�ay�or--eha9--lie-eu�led-ta-vete-ort-alb-�atter�s-�ndeF oEx�siderati©r�-�y-tiie-amity-r�©t�vil= f e)bu In each even numbered year three councilmen and a Mayor shall be elected, and in each odd numbered year three councilmen shall be elected. (d) L.�]r , The Mayor and each councilman shall hold office for a period of two years until his successor is elected and qualified. All elections shall be held in the manner provided in Article IX of this Charter. (e) M No person shall be deemed elected to an office unless that person receives at least thirty-four percent of the votes cast for all the candidates for such office. In the event that no candidate receives at least thirty-four percent of all votes cast for all of the candidates for such office, the City Council shall, on the first day following the completion of official count of the ballots cast at the first election, issue a call for a second election to be held within thirty days following the issue of such call, at which election the two candidates receiving the highest number of votes for any office in the first election in which no one was elected by receiving at least thirty four percent of all votes cast for all candidates for such office shall again be voted for. Qualifications Section 19. The Mayor and councilmen shall be citizens of the United States of America 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 limits of the City of College Station; and shall not be in arrears in the paying of any taxes or other liability due the City, for a period of Ninety (90) days, nor be disqualified by reason of any provision of any other section of this Charter. A member of the City Council ceasing to possess any of the qualifications 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 without consent of the Council shall immediately forfeit his office. m: Section 20. Members of the city council shall serve without pay or compensation; provided, however, they shall be entitled to all necessary expenses incurred in the performance of their official duties. Presiding Officer Mayor Section 21. The mayor shall preside at meetings of the city council and shall be recognized 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 duties. 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 22. A vacancy in the city council shall be filled by a 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 unexpired term shall be filled at the next general election. Powers Section 23. All powers of the city and the determination of all matters of policy shall be vested in the city council. Except where in conflict with and otherwise expressly provided by this charter, the city council shall have all powers authorized to be exercised by the city council by Chapter 4 of Title 28 Vernon's Annotated Civil Statutes, and acts amendatory thereof and supplementary thereto, now or hereafter enacted. Without limitation of the foregoing, and among the other powers that may be exercised by the city council, the following are hereby enumerated for greater certainty: (1) To appoint and remove the city manager. (2) To establish administrative departments and establish the organization and functions of divisions. (3) To adopt the budget of the city. (4) To authorize the issuance of bonds by a bond ordinance. (5) To inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs. (6) 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 duties now or hereafter conferred and created by this charter, by city ordinance or by law. -7- (T) To appoint boards, commissions, and committees as shall be deemed advisable, and the members thereof. (7) To adopt plats. (8) To adopt and modify the official map of the city. (8) j,Uo To adopt, modify and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas. (4-0) ( 11) 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. (4.13 (122) 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. GQ (13) To provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings, structures or improvements to be erected therein and to provide for the erection of AmWe©f fire-resistant buildings within certain 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. (4.3) LM 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 24. 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 from 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. �rinc�--#die--abse�ae-�-disabili�-o€ -the--a}ty--maaage�; -the"-vim-vom�e� -shall M-39 Council Not to Interfere in Appointments or Removals Section 25. 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 Ofters in Council Section 26. 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 27. There are hereby created the following administrative departments: �nenee;-©liae�-1;s`e--and -Polio--mks fire, police and other administrative departments as mgy be deemed advisable. The city council may, if it deems it advisable, consolidate into one department not more than two of the departments hereby established; and by ordinance may create, change and abolish offices, departments or agencies other than the offices, departments and agencies established by this charter. City Secretary Section 28. Upon recommendation by the mayor and approval by the city council there shall be appointed a city secretary and such assistant city secretaries as may be deemed advisable. The city secretary, or an assistant city secretary, shall give notice of council meetings, shall keep a journal of its proceedings, shall authenticate by his signature and record in full in a book or books kept and indexed for the purpose all ordinances and resolutions and shall perform such other duties as the city council shall assign to him, and those elsewhere provided for in this charter. His The term of office shall be for two years coinciding with the term of the mayor. City Judge Section 29. There shall be a magistrate of the GerpeFmi©x Municipal Court known as the City Judge who shall be appointed by the city council for a term of two years coinciding with the term of the mayor. He may be removed by the city council at any time for incompetency, misconduct, malfeasance, or disability. He shall receive such salary or fees as the council may fix from time to time. The council shall appoint an alternate judge who shall serve in the absence of the City Judge. All costs and fines imposed by the eer"ration municipal court, or by any court in cases appealed from judgments of the eeripore"n munici2al court, shall be paid into the city treasury for the use and benefit of the city. MIM City A tomey Section 30. The city council shall a attorney, preferably one residing in the City Attorney. At the time of aapointme t a competent and duly licensed of College Station, who shall be its receive for his services such compensation as may be fixed by the city council and shall hold office for a term of two years coinciding with the term of the mayor. The city attorney shall The city attorney shall have power to appoint an 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 hold office at the will of the city attorney, so long as he continues in that office. Induction into office; Meetings Section 31. Not later than the second Wednesday next following each regular municipal election held under this charter, or any special election for the purpose of filling vacancies in the city council, the city council shall meet at the usual time and place for holding meetings, and the newly elected members shall qualify and assume the duties of office. Thereafter, the city council shall meet regularly at such times 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 city council. All meetings shall be subject to the provisions of the Texas Open Meetings Act, Article 6252-17, as it may be amended from time to time. City Coundl to be Judge of Quali$cation of its Members Section 32. The city council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but its decision in any such case shall be subject to review by the courts. Rules of Procedure; Journal Section 33. The city council shall determine its own rules and order of business. It shall keep aa:-lndexed-jGurnal minutes of its proceedings and the *mal minutes shall be open to public inspection. Section 34. 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 MV12 clause of all ordinances shall be ME IT ORDAINED By THE CITY COUNCIL OF THE CITY OF COLLEGE STATION." Procedure for Passage of Ordinances Section 35. 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 of the 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 (10) 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 facie evidence of the legal publication and promulgation of such ordinance; provided, however, that the provisions of this seats section shall not apply to the correction, 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 charter, 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 of the 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 oerfmated-,-arxended=-revisedr-oedified-and-fir*d-in-dodo-fern as -often -es -U -deem& -advisable= revised or codified as often 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. Imwtigation by City Council Section 36. 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 one two hundred ($I-0449) 200.00 dollars. Independent Annual Audit Section 37. 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 j and shall submit the report to the city council. Such accountants shall have no t•. -11- personal interest, direct or indirect in the fiscal affairs of the city government. They shall not maintain any account or record of the city business, but, within specifications approved by the city council, shall pest-audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. Notice shall be given by publication in some newspaper of general circulation in the City of College Station that the annual audit is on file at the city hall for inspection. Housing Authority Section 38. The city council 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. sab per€or��q--tlaei�-Mies;-a�--#t-may--provide--€a�-��ioh--plan-�ei-ir�ve--as-:i� ARTICLE N THE CITY MANAGER ��;R1TtiT�f•T,T! Section 40. The city manager shall be chosen by the city council solely primarily 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 of the city or state, but during his tenure of office he shall reside within the city. Powers and Duties Section 41. 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 whee.-neoessW4Gr-4ie-goad-o€-#he-eerAoe remove all officers and employees of the city except as otherwise provided by this charter and 5150 .9 except as he may authorize the head of a department to appoint and remove subordinates in such department. (2) Prepare the budget annually and submit it to the city council and be responsible for its administration 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. (4) Keep the city council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable and proper. (5) Perform such other duties as may be prescribed by this charter or required of him by the city council. Absence or Disability of city Manager Section 42: -To-per€mm ice-duties-duFing-his-temporal absenee-©r-disability;-the rnayoF--may--designate--l3�--letter--fi}e�--wltl;i--tMe---oity--sec�rete�y--�--qual�ed ad�-ative-officer-o€ the•-oity-to-serve-€or--"-city-managers By letter filed with the city secretary the city manager shall designate, subject to the approval of the city council a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disabilitty. The city council may revoke such designation at any ,time and appoint another officer of the city to serve until the city manager's return or his disabilitv_shall _cease, Director of Departments manager. Two or more departments 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 44. The work of each administrative department may be distributed among the divisions thereof subject to approval of the City Manager. -13 - ARTICLE V THE BUDGET Fiscal Year Section 45. 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 46. The city manager, between thirty (30) and ninety (90) days prior to the beginning of each fiscal year, shall submit to the city council a proposed budget which shall provide a complete financial plan for the fiscal year, and shall contain the following: (1) A budget message, explanatory of the budget, which shall contain an outline of the proposed financial policies of the city for the fiscal year, shall set forth the reasons for salient changes from the previous fiscal year in expenditure and revenue items and shall explain any major changes in financial policy. (2) A consolidated statement of receipts and expenditures for all funds. (3) An analysis of property valuations and the tax rate, which may be based on an estimated tax roll prepared by the Central Appraisal District, if the final roll has not been certified (4) All operating funds and resources in detail. (5) Detailed estimates of expenditures shown separately for each activity. Such estimates of expenditures are to include an itemization of position showing the number of persons having each title and the total regular pay for each position. (6) A revenue and expense statement for all types of bonds and other obligations of the city. (7) A description of all outstanding bonds and other obligations of the city, showing as to each issue, the rate or rates of interest, the date of the issue, the maturity date or dates, the amount authorized, the amount issued, and the amount outstanding. (8) A schedule of requirements for the principal and interest on each issue of bonds and other obligations of the city. (9) A special funds section (10) The appropriation ordinance. (11) The tax levying ordinance. -14 - Anticipated Revenues Compared with Other Year In Budget Section 47. In preparing the budget the city manager shall, in the form which he presents to the city council, place in parallel columns opposite the several items of revenue the actual amount of each item for the last completed fiscal year, the estimated amount for the current fiscal year, and the proposed amount for the ensuing fiscal year. Proposed Expenditures Compared with Other Yeats Section 48. The city manager shall, in the preparation of the budget, place in parallel columns opposite the various items of expenditures 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 49. The budget and all supporting schedules shall be filed with the City Secretary when submitted to the city council and shall be a public 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 50. At the meeting at which the budget is submitted, the city council shall fix the time and place of a public hearing on the budget and shall cause to be published a notice in the official newspaper of the City of Collegg Station 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 51. At the time and place set for a public hearing on the budget, or at any time 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. Proceedings on Budget lifter Public Hearing Amending Or Supplementing Budget Section 52. After 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 ten percent or more, it must cause to be published a notice setting forth the nature of the proposed increases and fixing a place and time, not less than five (5) days after publication in the official newspaper of the City of College Station, at which the city council will hold a public hearing thereon. lot•-. cmc • 1.•L -� Li •)•1.i O�.7 P .L - Section 53. 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 notice, or to a lesser amount; but where it shall increase the total proposed expenditures, it shall also provide for an increase in the total anticipated revenue to at least equal such total proposed expenditures. Vote Required for Adoption Section 54. The budget shall be adopted by the favorable vote of a majority of the members of the ewe city council. Date of Final Adoption; Failure to Adopt Section 55. The budget shall be finally adopted not later than the twenty-seventh day of the 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. Effectin Date of Budget; Cert ation; Copies made Available Section 56. Upon final adoption, the budget shall be in effect for the fiscal year. A copy of the budget, as f4:nally adopted, shall be filed with the city secretary, the county clerk of Brazos County and the State Comptroller of Public Accounts at-Aast4a:-T e f#nal--budget`- shall- -1 r&ph*d--or--etherw#se repredeeed; -and-a- -e-iftwber-of--Oopi:e9--be-made era abbe--fc>r--tie--tae--e f--ee-�l--vfi--e-,--depnrta--and ageneies; -imA- far -the -tzse--o-f-interested- ons--an&-eivie organ►eat#ens.- in Austin. Texas with a reasonable number of interested persons. Section 57. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Budget Establishes Amount to be Raised by Property Tax Section 58. From the effective date of the budget, the amount stated therein as the amount to be raised by property tax shall constitute a determination of the amount of the levy for the purposes of the city in the corresponding tax year. Contingent Appropriation Section 59. l�F©vlsic�n--sl�a&--be---made---in--the--anal--budcjet--and---ice -fie tu}f©rseen•-rents-a#=�penditeres:-fah--o<�r�t�gen�appr©p�ia�tioR--sha8-be-tender -16- aeOGRIed- dishumedd methods. Estimated Expenditures Shall not Ezceed Estimated Resources Section 60. The total estimated expenditures of the general fund and debt fund shall not exceed the total estimated resources of each fund. The classification of revenue and expenditure accounts shall conform as nearly as local conditions will permit to the uniform classification as promulgated by the National Committee on Municipal Accounting, or some other nationally accepted classification. Emergency Appropriations Section 61.--The--ems-fidget -may--be-ceded-en4-apprepria cans--altered-In oease--o�-r�rave--ptt�ia--nevesslty,--�e-,aatua}--fast--of-�hiolt-sl�all--hare--base To meet a public emergency affecting life, health, property, or the public peace, the city council may amend the budget for emergency appropriations through the use of a designated emergency ordinance. The appropriation and ordinance may not be used to levy taxes, grant, renew or extend a hanchise, regulate public utility rates, or authorize the borrowing of money, except as provided for under this Charter or existing ordinances. ARTICLE VI CITY BONDS AND T24E WARRANTS General Obligation Bonds Section 62. The City of College Station shall have the power to borrow money on the credit of the city and to issue general obligation bonds for permanent public improvements or for any other public purpose not prohibited by the Constitution and laws of the State of Texas, and to issue refunding bonds to refund outstanding bonds of the city previously issued. All such bonds shall be issued in conformity with the laws of the State of Texas. -17 - Section 63. 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 to 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 64. All bonds of the city, having been issued and sold and having been delivered to the purchasers thereof, shall thereafter be incontestable; and all bonds issued to refund outstanding bonds shall, after such issuance, be incontestable. Section 65. 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, certificates of obligation, and bonds shall be issued in conformity with the laws of the State of Texas. Investments Section 66. Any surplus in any fund may be invested, upon approval of the city council, in any lawful securities, accounts, certificates, or investments. Any such surplus may be used for the purchase and retirement of bonds, time warrants, or certificates not yet due. ARTICLE VII FINANCE AD1VII MTRATION Director Of F uuwe; Appointment Section 67. There shall be a department of finance, the head of which shall be the director of finance, who shall be, or be appointed by, the city manager. The vity-inaaaW---may-eppeW-a-depety-d&eetor -a-fiaaneer -who-may -be--the-$ity assessor-and-oegeetor, o€ taxes,. Director of finance; Qualifications Section 68. The director of finance shall have the proper knowledge of municipal accounting and taxation and sufficient experience in budgeting and financial control to properly perform the duties of the office. -18 - Section 69. Under the direction of the city manager, the director of finance shall have charge of the administration of the financial affairs of the city and to that end he shall have authority and shall be required to: (1) Supervise and be responsible for the disbursement of all monies and have control over all expenditures to ensure that budget appropriations are not exceeded. (2) Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as he may deem expedient. (3) Submit to the city council dw"Uh tke olty n%w ageF, at suoh times as when the council may determine necessary, a statement of receipts and disbursements in sufficient detail to show the financial condition of the city. (4) Prepare, as of the end of each fiscal year, a complete financial statement and report. asses sments-e&-may--be-required-br avh (6) �olleat-tel-taxes;--special-•assesements3--tiaease--fees--aad--otbe-�ever�ues- (7) Have custody of all public funds belonging to or under the control of the city, or any office, department or agency of the city government, and deposit all funds coming into his hands in such depository or depositories as may be designated by the city council, subject to the requirements of law in force from time to time as to the furnishing of bond or the deposit of securities and the -19 - payment of interest on deposits. All such interest shall be the property of the city and shall be accounted for and credited to the proper account. (8) Have-Oust©dy-4-al� mas er-w44nvested-6zi&-o€4ho-roity-g©v4emmen% oF--in--pesses-©€-Gueh--go;veRmeat--$--ilduo- eapavity;--aad--have--the safekee$ing-o€-almonds--and-notes•-o€-the-ei��d-die•-Feoeipt-aFtd-c�eliveFy�-of vity-bonds--and-ac�tse-€oF-tFaas€er;-reg3stFati©t��e�ohaFtge,� (9) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the city government. (10) Approve all proposed expenditures; unless he shall certify that there is an unencumbered balance of appropriation and available funds, no expenditure shall be made. Transfers of Appropriations Section 70. The city manager may at any time transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the city manager, the city council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another. Accounting, Supervision And Control Section 71. The director of finance shall have power and shall be required to: (1) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the city government. (2) Examine and approve all contracts, orders and other documents by which the city government incurs financial obligations, having previously ascertained that moneys have been appropriated and allotted and will be available when the obligations shall become due and payable. (3) Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the city government, and with the advice of the city attorney determine the regularity, legality and correctness of such claims, demands or charges. (4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the accounts kept in his office. Lapse of Appropriations Section 72. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. -20 - Fees Shall be Paid to City Section 73. All fees received by any officer or employee while functioning as an officer or employee of the city shall belong to the city government and shall be paid to the department of finance at such times as required by the director of finance. Sale of City Property Section 74. Any sale of real property owned by the city shall be subject to the provisions of Texas Local Government Code, Section 272.001, as amended, and such other laws as are applicable to Dome Rule Cities pertaining to the necessity for public bids. Purchase Procedure Section 75. The director of finance shall have authority to make expenditures without the approval of the city council for all budgeted items not exceeding $6,ON $10.000• or such amount as shall be provided by Miele -=S* Texas Local Government Code Section 252.021 (Vernon 1988). as amended from time to time. Any expenditure involving more than such amount must be expressly approved in advance by the city council. Where an expenditure of more than such amount is involved, notice of the time and place when and where such contract shall be let shall be published in a. --newspaper ki-4e-CityW-CoRege -pu�ase-o�-lettmc�-eueh-©o�airaat;-die-�e-ef--psblioa�-te the official time of the first nublication shall -Beat least fourteen (14) days prior -to the time for making such purchase or letting such contract; provided, however, that the city council shall have the right to reject any and all bids. All contracts and purchases shall be handled so as to obtain the best value for the city, with bids or quotes solicited whenever practicable. Nothing herein shall apply to a contract far-I>er-_mrrer1- -car-professional- -*r-te work- tl rrte--br-the -and--paid-fey- -by--the, -day—ot- as -a-deh work- pregrese .. which is exempted under Texas Local Contracts for Improvements Section 76. Any city improvement costing more than $500 $10,000 or such amount as shall be provided by ArWe 2368a,-as--anended-Boni- -ti-fie, Texas Local Government Code Section 252.021 (Vernon 1988) shall be executed by contract except for such improvements as authorized by the city council to be executed directly by a city department in conformity with detailed plans, specifications and estimates. Ab-suvl�-eoac�ts--fc�r--$6,9()41- -amore-s1�a11 be--awarded--t-o--the--1©west--resp©nsibW--biddeF--after -suel+-moble--netiee•-arid oempetiden-as--may-be-prescribed-by-ordinan<3&; vfevided-ti&-eit'y-ao�-shall have.-the--p&A-er--to-re*t-all.-bide-end.-advertise-again AM such contracts for -21- (Vernon 1988). as amended. Any-ehanges-#n-exeess-of-sueh-ten- j}e} percent-shall-be-approved-by-the-e#ty-ea-dneii: Disbursement of Funds Section 77. All checks and vouchers or warrants for the withdrawal of money from the city depository shall be signed by the director of finance, or his deputy, and countersigned by the city manager or his designee. Accounting Control of Purchases Section 78. All purchases made shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any seller unless and until the director of finance certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation balance to pay for the supplies, materials, materials, equipment or contractual services for which the contract or order is to be issued. Borrowing in Anticipation of Property Taxes Section 79. 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 issuance of negotiable notes of the city, each of which shall be designated "tau anticipation note for the year 1.9 " (stating the budget year). Such notes shall mature and be payable not Tater than the end of the fiscal year in which the original notes have been issued. Borrowing in Anticipation of Other Revenues Section 80. 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 city, each of which shall be designated "special revenue note for the year 1.9 " (stating the budget year). Such notes may be renewed from time to time,Tut 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. Sale of Notes; Report of Sale Section 81. All notes issued pursuant to this article may be sold at not less than par and accrued interest at private sale by the director of finance without previous advertisement, but such sale shall be authorized by the city council. i Surety Bonds Section 82. The directors of all administrative departments whose duties include the handling of moneys, and all employees whose duties include the handling of moneys, belonging to the City of College Station, shall before entering upon the duties of their office or employment make bond in some responsible surety company, acceptable to the city council for such amount as it may prescribe, the premium of which bond shall be paid by the city; and the city council may also require any such surety bond to be further conditioned that the principal -22 - thereon will faithfully perform and/or discharge the duties of his office, and if there are provisions of state law bearing upon the functions of his office under which the execution of a surety bond is required, it shall be further conditioned to comply therewith. ARTICLE VIII TAB ADMIIUSTRATION Power to Tax Section 84. 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 of the State of Texas. Property Subject to Tax; Method of Assessment Section 88. 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 State of Texas. (Sections 88, 87, 88, and 89 have been repealed.) Taxes when Due and Payable Section 90. All taxes due to the City of College Station shall be payable at the office of the city assessor/collector or authorized desicmee approved 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 91. 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 92. The tax levied by the city shall be a first and prior lien upon the property upon which the tax is due, which lien may be enforced and foreclosed according to the provisions of the Texas Tax Code, as amended. -23 - ARTICLE 1Z NOMINATIONS AND ELECTIONS Municipal Elections Section 93. The regular city election shall be held annually on the first Saturday in APS I_a , 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 election. The city council may, by resolution order a special election, 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--whM-more-than-©rte-eeuneilnmn-shall--be sleeted, 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 such places as Place No. 1. 2, 3. 4. S. 6 or mayor, 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 94. The city council 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 conduct of municipal elections, for the prevention of fraud in 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. Section 95. Any qualified person may have his name placed on the official ballot as a candidate for councilman or mayor at any election held for the purpose of electing councilmen or mayor by filing with the-may©r-et-leask-T4 -(3g)-days prix-to--the-date-of-eleetion-at-sworn city secret= at least forty-five da prior to the date of the election a sworn application in sifttantially the following form: "I, , do hereby certify that I am a candidate for the office of , and request that my name be printed upon the official ballot fof gf that particular office in the next city election. I am aware of and agree to abide by the nepotism law. Tex. Rev. Civ, Stat. Ann.. arts. 6996a-89960. as amended. I am a qualified voter of the State of Texas, and am and have been a bona fide resident of the City of College Station, Texas, for at least One ( 1 ) year. I am not in arrears in the payment of any taxes or liability due the City, nor am I otherwise disqualified or ineligible to serve on the City Council if elected. I reside at , Precinct , College Station, Texas. Signed " -24- and-sdie�aEe•e-1}is-nehis --plae e-©f-Fesi oe- -scree d- mbar- e ether deseription-su€iieient--to-ident3f�4he-placer -The-$igno res--�aeed-net all -be ..,...,....a -A .- --- _____ L__ . .---------. —•- -• .., +.+vavrv4-CFR'isP-t!J'-ilti e-$ei1�H3ie�,4slgFta�}�ie8-O� �•�e%8O�-i1{ have•-at#ached-Neto-apt-a�da��-signec�--hy--�e-c��aulater--tf�e©f -f€-a-petition paper--ia-#pond--to--be--sighed--by--mare-pe��s--t#aa-tl}e.-n�-of-signat�es aerdfied--�-�e-a�vulato� -the-last-signatures--iR-�oese--ef-�e-�u�e�-veered shall-�e-disregardedr I€�-�e�or�-paper-is-#©uad-�©-#�-signed-b�-fever �erser�s tl�-die--nen}ber-oe�ec�-the-sig�tateres-slaalf-l��oa�epted-enlese-�void•� v -•r •• • - �.o--Z+cvcsyss--sa uas eienE;-l�e-s1�all-set-#ortl�-�--lis-c�e�oate--tke--pa�io�lans-�- wl�ieh--i�-ie defeotiv+e•-a�Apc�-Ls�hall•�-,a.,�-once--r�eti€y-flys--petitioner-oF-as-�l�e-vase--nosy-=be-floe eemnuttee--GNhG-PeCiL'3©M i COunCil Ballots Section 96. The €all names of all candidates for the city council as herein before provided, except such as may have withdrawn, died 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-�©-bei t©_meq©rasio ora +--afaa-- ♦1,.. ...,1„t..----- -t .L --- --' - - . .. - -- - - their names-on-tke-hall" Lvernon tVOU). as amended, The order of the names on the ballot shall be determined by lot. days-'�efoe--the--Elate--ef -eleetien: The official ballot shall be printed prior to the day on which absentee voting shall be Laws Governing City IIections Section 97. All city elections shall be governed, except as otherwise provided this charter, by the laws of the State of Texas governing general and municipal elections, so far as same may be applicable fiw-etol--and-la-event--there-ehoald 13e--a-aiia�rv--o-the--geneal--la--o- of thereto: and in the event that the re should be any failure of the general laws or of this charter to provide for some feature of the city elections, then the city council shall have the power to provide for such deficiency; and no informalities in conducting a city election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable and the charter and ordinances of the city. -25 - Canvassing Election Section 98. Returrte--o€-electiotas;-gerterab--epeoiali-shall--be--made-by-the eleetien-effleefs--te--the- oity�neti-not -trate t3�an-tlae-eeoond-Wednesday- ae declare--the-r-esttite-o€-the-eleetier AMCLE a- INMTIVE, REFERENDUM AND RECALL Power of Initiative Section 99. The--electees--ehall--have--power--to---propose--arty--or4nanee= Teh electors ("qualified voters') shall have power to propose au 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 tete polls, such power being known as the initiative. Any initiative ordinance may be submitted to the city council by a petition signed by qualified electors of the city equal in number to at least twenty-five (28) percent of the number of votes cast at the last regular municipal election. Power of Referendum Section 100. 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 referendum, except in 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 ehwge chancre shall be subject to the referendum in the same manner as other ordinances. Within twenty -{2% thirty (30) days after the enactment by the city council of any ordinance which is subject to a referendum, a petition signed by qualified electors of the city equal in number to at least twenty-five (25) percent of the number of votes cast at the last preceding regular municipal election may be filed with the city secretary requesting that any such ordinance be either repealed or submitted to a vote of the electors. Form of Petitions; Committee of Petitioners t Section 101. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition papers shall t and sign his name in ink or indelible pencil and shall indicate after his 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 be regarded as responsible for the circulation and filing of the petition. 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 signatures, that all signatures appended -26 - thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be. Filing; dation and Certification of Petitions Section 102. All petition papers comprising an initiative or referendum petition shall be assembled and filed with the city secretary as one instrument. Within ten (10) days after the petition is filed, the city secretary shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The city secretary shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, 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 the city council at its next regular meeting. If he shall certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings. Amendment of Petitions Section 103. An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the city secretary, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city secretary shall, within five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the committee of petitioners of his findings; and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. Effect of Certification of Referendum Petition Section 104. When a referendum petition, or amended referendum petition. has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided. Consideration by City Council Section 105. Whenever the city council receives a certified initiative or referendum petition from the city secretary, it shall proceed at once to consider such petition. A proposed initiative 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 t reconsideration shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?" -27- h -. 11 .. • i, a DI 5, 70. 1. Section 106. If the city 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 if the city council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors not less than thirty (30) days nor more than sixty (60) days from the date the city council takes its final vote thereon. The city council may, if no regular election is to be held within such period, provide for a special election. Form Of Ballot for Initiated and Referred Ordinances Section 107. Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions of this chatter shall be submitted by ballot title, which shall be prepared in all cases by the city attorney. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance; and if a paper ballot, shall have below the ballot title the following propositions, one above the other in the order indicated: "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 title 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 either of the two propositions and thereby to vote for or against the ordinance. Results Of Election Section 108. If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it 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 ordinances 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 109. Initiative and referendum ordinances adopted or apWoved--by-4he e tors -e I -be• published;-a�td--a�a� ie -a ter3ded-o� annroved by the electors shall be published and after six (6) months may be amended or repealed by Reesllt-6etgesed Power of Recall: General Section 110. Any member of the city council may be removed from office by recall. Recall Procedure Section 111. Any elector of the City of College Station may make and file with the city secretary an affidavit containing the name or names of the officer or -2s - officers whose removal is sought 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 city secretary shall bear the signature of that officer and be addressed to the city council, and shall be numbered, dated and indicate the name of the person to whom issued. The petition blanks when issued shall also indicate the number of such blanks issued and the name of the officer whose removal is sought. The city secretary shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number issued to said person. Recall Petitions Section 112. The recall petition to be effective must be returned and filed with the City Secretary within Thirty (30) days after the filing of the affidavit required in Section 111 of this Article and it must be signed by qualified electors of the City, equal in number to at least Fly--orae-pe-r-eent-(91%) Fo= percent (40%) of the total number of votes cast for the office in question at the last regular municipal election, at which city-©eanailmen-were-elected the office in question was filed; provided -.however that in -t ie -ease -o1 a eeall ef- eyor-or-otMeF (48plo-} -the-qualitied-eleatm-,of-the-MW and shall conform to the provisions of Section 101 of this Article. No petition papers shall be accepted as part of a petition unless they bear the signature of the City Secretary as required in Section 111 of this Article. Recall Election Section 113. The city secretary shall at once exanune 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 his 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 election may be held at the same time as any municipal election held within such period. Ballots In Recall Election Section 114. Ballots used at recall elections shall conform to the following requirements. (1) With respect to each person whose removal is sought the question shall be submitted "Shall (name of person) be removed from the office of councilman 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 of person)" "Against the recall of (name of person)" -29 - Results of Recall Election Section 115. If a 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 116. No recall petition shall be filed against a councilman within six (6) months after he takes office, nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6) months after such election. District judge May Order Election Section 117. Should the city council fail or refuse to order any of the elections as provided for in this article when all the requirements for such elections have been complied with by the petitioning electors, then it shall be the duty of the 11 District Judge, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this article of the charter. Control over and Pow re with Reference to City Property Section 118. 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 hereinafter provided; and no franchise or easement involving the right to use same, either along, across, over or under the same, shall ever be valid, unless expressly granted and exercised, in compliance with the teens hereof, and of the ordinances granting the same. No act or omission of the city, its governing body, officers or agents shall be construed to confer or extend by estoppel or indirection, any right, franchise or easement not expressly granted by ordinance. The City of College Station 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 in the preceding paragraph, for the purpose of furnishing to the public any general public service, including, but not limited to, cable television, heat, water, light, p wer, telephone service, refrigeration, steam, manufacture and distribution of ice, 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 compensation or hire, to be paid to the franchise holder, whereby a right to use the streets, highways or other property of the city is necessary or proper, and generally to fix and regulate the rates, tolls and charges of all public utilities of every kind operating within the corporate limits of the City of College Station. -30 - Limitations Section 119. Franchises shall be awarded through a formal bidding process -31 - Section 120. 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 three (3) separate regular meetings of the city council. No ordinance granting a franchise shall pass any reading except 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 time before such ordinance shall finally take effect a petition shall be presented to the city council signed by not less than forty (40) percent of the bona -ode. --qualified- voters --of _�--oiph "ballots cast in the most recent munici al election 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 published in at least ten (10) 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 afranchise", and "Ag the granting of a franchise". The vote shall be canvassed by the city council, and should it result that a majority of those voting thereon cast their votes "For the granting of a franchise", then by order entered in its minutes, the city coucil shall so declare and such franchise shall at once take effect. But should a majority of n the votes be "Against granting a franchise"then the city council by order entered in its minutes shall so declare and such fr,anchise shall not take effect. In case a franchise is 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 application within six (6) months after the filing of such application 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 therein 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 publication, the amount of the deposit to be determined by the city manager. Term and Conditions Section 121. No dete"ate--eF fixed -term franchise shall ever be granted for a longer term than twenty five (25) years no shall any right, privilege or franchise now in existence by extended beyond the period now fixed for its termination directly or indirectly, or through any means whatsoever, and any ordinance in, violation or evasion of this prohibition shall be absolutely void; provided, howeveran that any corporation, person or association of persons now holding any frchise, -32 - under any charter, charters or ordinances of the City of College Station may, with the consent of the city council surrender such franchise or franchises, subject to the provisions of the city charter then in 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 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 relating to any other franchise holder, or to any person, firm or corporation acting directly or indirectly for such franchise holder, shall be granted, and any such grant in violation 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 prohibition 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 right 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 of a 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 operating under existing franchises, or franchises that may be hereafter granted, to extend their service, lines;--pipesr-eta.,, if the person to be benefited by such extension will pay the cost thereof, or if it can be shown that the revenue resulting from such extension will, within a reasonable time after same is made, pay a reasonable return on the investment, after making the customary allowance for depreciation. All public utility franchises in the City of College Station shall be held whether expressed in the ordinance or not, subject to the right of the city, each of the following being a condition: (1) To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. (2) To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. (3) To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates. (4) To prescribe the form of accounts kept by such utility, provided, that if the utility shall keep its accounts in accordance with the uniform system of accounts for said utility prescribed by the National Association of Railroad and Public Utility Commissioners, the Federal Power Commission, the Federal Communications Commission, the Railroad Commission of Texas, their successor or successors, this shall be deemed sufficient compliance with this paragraph. (5) At any time to examine and audit the accounts and other records of any such utility and to require annual and other reports, including reports on local operations by each such public utility. -33- (6) To impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare and accommodation of the public. (T) 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 122. The city council shall have the power by ordinance to fie -and regulate the price of water, gas, electric lights, electric power, end--steam--head-arid--te regulate--f}ic-the-fares; -tcls-and-ol�arges-o€-loeal-telepher�e-seine-eAd--aha9e -- -- ataitc�_- �sses--aa iaaes--heaps--- arid--Vides--o€--ever-lendr--whe"E Applicable to Streets and Highways Section 123. The right to the use of the public streets, highways, alleys and thoroughfares of this city which necessitates the digging up, or displacement thereof, for the installation of equipment, appliances 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 with said streets, alleys or highways for the installation 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 public 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 city shall, in 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. -34 - Section 124. It shall be the duty of the city council to pass an ordinance requiring each puli"erAee,-eerp©Fadoa person firm or corporation who holds a franchise agreement from the City of CoUege Station. Texas, to provide public services to public utilities operating within the corporate limits of the city 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 improvements, the rate of tolls or charges for services rendered to the public; and any other facts or information that the city council may deem pertinent for its use in intelligently passing upon any questions that may arise between the city and the said pu'b}i&-ser*iee--eorp©Fadona franchisees; all reports to be filed with the city secretary and preserved-foF-the-ose-o€-the-eity-vExuFte& Option to Purchase Section 125. Any public utility franchise may be terminated by ordinance after ten (10) years after the beginning of operation, whenever the city council shall determine to acquire by condemnation 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 126. The consent of abetthag and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility, but nothing in this charter or in any franchise granted thereunder 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 127. 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 in this charter. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Other Conditions Section 128. All franchises heretofore granted are recognized as contracts between the City of College Station and the grantee, and the contractual rights as contained in 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 acquisition of any utility property is in all things reserved; and except the general power of the city heretofore 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 -35 - conditions contained in the various sections of this article, whether or not such tenons are specifically mentioned in the franchise. Nothing in this charter shall operate to limit in any way, as specifically stated, the discretion of the city council or the voters of the city in imposing terms or conditions as may be reasonable in connection with any franchise grant. Franchise Records Section 129. Within six (6) months after this charter takes effect every public utility and every owner of a pubic utility franchise shall file with the city council, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the City of College Station. The city shall compile and maintain a public record of public utility franchises. Publicity of Records Section 130. Records and accounts of every office, department, or agency of the city shall be open to inspection and copying in accordance with the provisions of the Texas Open Records Act, Article 6252-17a, as amended. Personal Interest Section 131. No member of the city council or any officer or employee of the city shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the 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 city as an officer or employee; provided, however, that the provisions of this section shall only be applicable when the stock owned by the officer or employee exceeds one ( I ) percent of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the city shall render the contract voidable by the city council or city manager. An employee of the city immediately forfeits employment with the city if: M the employee becomes a candidate for election to the College Station city No Officer or Employee to Accept Guts Section 132. the - -36- o�ae-o��u�-o€�oer;-©�-du�i�tg-fide-en�nt-©g-su©lt� be --au d;.by -law-w-©lanae' -Fr�ovkL-d;-however; 4hat- v�late-the-�rovisi�s-E p�shed-bg-any-�e-- slsal�-fort with--be--rexa Relatives of officers shall not be Appointed or Employed Seet!erg--13a -Ne-Bryon--re}st:ed- - th- r -seeon+-de ree--of -..-sti,-zrnr-t:he- g members --oof--the--e.i`ty--Cotrnc4+-cr--the--c ty__Md1ftflger--Iie appe�hted-te-any-eff#ee;-pee#teen-er-aery#ee-4r-the-e�tv: NA tlnrc n„ re�..♦...1 ..- aL_ -- _ _ . - __ _ and county officers Persons Indebted to the City shall not hold office or Employment Section 134. No person shall be qualified to hold a municipal office or serve the city in any other capacity for which compensation is paid who is, or may become while in service, in arrears in the payment of taxes or other liabilities due the city for a period of 90 days. Oath of Office Section 135. 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 in 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 -37 - 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 this city, and I furthermore solemnly swear (or affirm) that I have not directly or indirectly paid, offered, or promised to pay, contributed or promised to contribute any money or valuable thing, or promised any public office or employment 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 my appointment. So help me God." Damage Suits Section 136. Before the city shall be liable to damage claim or suit for personal injury or damage to property, the person who is injured or whose property is damaged, or someone in his behalf, shall give the city manager or the city secretary notice in writing within thirty (30) days after the occurrence of the alleged injury or damage, stating specifically in such notice when, where and how the injury or damage was sustained and setting forth the extent of the injury or damage as accurately as possible and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury or damage. No action at law for damages shall be brought against the city for personal injury or damage to property prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the city manager or the city secretary. After the expiration of the sixty (60) days aforementioned, the complainant may then have two (2) years in which to bring an action of law. In case of injuries resulting in death before the city shall be liable in damages therefor the person or persons claiming such damages shall within thirty (30) days after the death of the injured person give notice as above required in case of personal injury. Power to Settle Claims Section 137. The city council shall have the power to compromise and settle any and all claims and lawsuits of every land and character in or against the city, including suits by the city to recover delinquent taxes. Service of Process Against the City Section 138. Legal process against the city shall be served upon the mayor or mayor pro tem. City not Required to Give Security or Execute Bond Section 139. It shall not be necessary in any action, suit or proceeding in which the City of College Station is a party, for any bond, undertalang or security to be demanded or executed by or on behalf of the state courts; but in all such actions, suits, appeals or proceedings the same shall be conducted in the same manner as if such bond, undertaldng 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 140. No lien of any land 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. -38 - Provisions Relating to Assignment, Execution and Gari Section 141. 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 garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ 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 142. 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 in pursuance of this charter. Church and School Property not Ezempt from Special Assessments Section 143. 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 144. Any real property owned by the city may be sold by the city council when in its judgement such sale will be in the best interest of the city, subject to the provisions of Artiele--8421.4)42, Texas Local Government Code Section 272.001, and such other laws as are applicable for Home Rule Cities pertaining to the necessity for public bids. Ordinances providing for the sale of land may be subject to referendum for a thirty -day period and shall not be effective until the expiration of said thirty -day period. If during such thirty -day period, a referendum petition is presented to the City Secretary which in all respects conforms to the referendum provisions of Article X of this Charter, and the same is 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 shall not apply to public utilities or to property purchased by the City at tax sales. Effect of this Charter on Existing Law Section 145. All ordinances, resolutions, rules and regulations now in force under the city government of the City of College Station and not in conflict with the provisions of this charter shall remain in force under this charter until 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 in full force and effect to the city. When adopted this charter shall become the law of the City of College Station. -39- �y 1! -ice • : • • � : • •i 'i• .. Section 146. All contracts entered into by the City of College Station prior to the taking effect of this charter shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or ordinances existing at the time this charter takes effect may be carried 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 147. 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 affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. Amending the Charter Section 148.--AmendmefvW-4o--d-&--ohar-ter- -may--be--#ranged--and-4mbmi#ed--t©--the eleetore--ef -the--alty--by--a-ewer-mon riWeien-4n-4he-.ra -provided-by<-lave-#or bam}ng-and- strbmitg-a-mew-aha�ten--�dments--naay<-also-be-proposed-and a--WamwIpai--eieaueM--prowaee; however; -tha 4n-di&4atter-wase-tike-getiti©n-must-bear 4he-rAgnatume-of at leaFA4en-{ 14-per©ertt-of the-gaali€ied-voter&-44he-vityrWhet:L--a -vharter amendment -petite sl�all-wave--l�eert--filed-wl�-tl�e-ai�-aoertc�l}-�-�x�}ty-�tb--ate-pr©vi�rts-of-his time -fixed- er -£avb- a tors# -s atl--be-Qo tnea--te---oxe--sUzJeG ;-aRCI -rvfwee more-4hw,, ofte-entwdment-shah--be--subwtted--at--he-smie--time; -tley-shalt-be--se submitted -a&4G-enebl&4 te-eleetem-t© vete-m-ea<3h-amendment-separatelyy� -40- 1. 2. by ordinance passed 12y a majority -vote of the full membership of the ciIy • 3. Submission of the Charter to Electors Section 149. 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 tno on the same, for the reason that the charter is so constructed that in order to enable it to work and function it is necessary that is should be adopted in its entirety. For these reasons the charter commission directs that the charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of College Station at an election to be held for that purpose on January 8, 1952. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this charter it shall become the charter of the City of College Station, and after the returns have been canvassed the same shall be declared adopted. An official copy of the charter shall be filed with 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 of such charter. In not less than thirty (30) days prior to such election the city council shall cause the city secretary to mail a copy of this charter to each qualified voter of the City of College Station as appears from the tax collector's roll for the year ending January 31 preceding said election. 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. (Signed) (Signed) J.H. Sorrels H.E. Burgess S.A. Lipscomb Ray Oden J.C. Culpepper Truman H. Ions L.S. Richardson W.D. Fitch -41- Chairman Ernest Langford, Chairman Secretary J.A. Orr, Secretary A.P. Boyett J.W. Barger D.B. Cofer S.R Wright G.W. Black R.B. Halpin Charles La Motte A. A. Price SUBSEQUENT REVLSIONS OF ORIGINAL CHARTER Six Charter Revision Commissions were subsequently appointed by the City Council to up -date the Charter. Those serving on the Commission which made recommendations approved by the public at a special election held on April 2, 1963 included J.A. Orr Bardin Nelson C.W. Landiss Marion Pugh D.A. Anderson John W. Hill J.H. Sorrels Charles LaMotte A.L. Rosprim Col. Frank H Mathews A.P. Boyett 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 Phillip B. Goode Bardin Nelson Codie D. Wells Ewing E. Brown Edwin S. Holdredge Phillip H Steen, Jr. John W. Hill Carl W. Landiss Wilbert Beck Members of the Commission which made recommendations for Charter changes approved by the public in a special election held on April 4, 1972 were: O.M. Holt John S. Denison James H. Dozier John B. Longley Dorsey McCrory Joe R Sawyer Robert F. White -42 - 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 Earl Bennett M L Cashion Jerry Cooper James Dozier Steven Eberhard J.B. (Dick) Harvey Mae Holleman Neely Lewis W.W. Scott„ Jr. Members of the City Council which sat as the Charter Revision Commission to make recommendations for Charter changes approved by the public in a special election held on April 1, 1978 were Mayor Lorence Bravenec Anne Hazen James Dozier Larry Ringer James Gardner Lane Stephenson Gary M. Halter 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 special election held on August 13, 1983 were: Mayor Gary Halter Robert C. Runnels Vicky Reinke Patricia B. Boughton Alvin Prause Lynn Mcnhaney Gary Anderson