We, the people of Cedar Park, Texas, in order to provide for the future progress of our
City, establish and maintain a system of self-government based on sound fiscal and
operational methods, insure equal protection and treatment for all persons and secure fully
the benefits of our location and environment, do hereby adopt this Home Rule Charter in
accordance with the statues of the State of Texas; and we do hereby declare the citizens of
the City of Cedar Park, Williamson County, residing within the legally established
boundaries of said City, to be a political subdivision of the State of Texas incorporated
forever under the name of the “City of Cedar Park” with such powers, rights and duties as
herein provided.
The municipal government provided by this Charter shall be known as the “City Council-Manager Government”. Pursuant to its provisions and subject only to the limitations imposed by the State Constitution, the statutes of this State 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 legislations, adopt budgets, determine policies and appoint the City Manager, who in turn shall be held responsible to the City Council for the execution of the laws and the administration of the government of the City. All power of the City shall be exercised in the manner prescribed by this Charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance, the State Constitution or the statues of the State.
The bounds and limits of the City of Cedar Park, Texas are hereby established and described as being those boundaries heretofore established in the original incorporated proceedings of the said City of Cedar Park, Texas, filed of record on February 24, 1973 in the office of the Clerk of the County of Williamson, County, Texas and those boundaries established and changed thereafter in all annexation ordinances and proceedings of the City of Cedar Park, Texas.
The boundaries of the City of Cedar Park may be enlarged and extended by the annexation of additional territory, irrespective of size and configuration, in any of the methods hereinafter designated:
(a)
Extending Limits in Accordance with Article 974 of the Revised Civil Statutes of Texas as now or hereafter amended:
Where such additional territory adjoins the corporate limits of the City and contains three or more inhabitants qualified to vote for members of the State legislature, such adjacent territory may be annexed to the City in the manner and in conformity with the procedure set forth in Article 974 of the Revised Statutes of the State of Texas of 1925, as now or hereafter amended.
(b)
Annexation of Unoccupied Lands on Petition of Owners:
The owners or owner of any land which is without residents, or on which less than three (3) voters reside, contiguous and adjacent to the City may, by petition in writing to the City Council, request the annexation of such contiguous and adjacent land, describing it my metes and bounds. The City Council shall thereafter, and not less than five (5) days and not more than ninety (90) days after the filing of such petition, hear such petition and the arguments for and against the same, and grant or refuse such petition as the City Council may see fit. If the City Council grants such petition, it may by proper ordinance receive and annex such
territory as a part of the City.
(c)
Annexation by Amendment to Charter:
The boundary limits of the City may be fixed and additional territory added or annexed thereto by amendment to the Charter of the City.
(d)
Extending Limits by Action of the City Council:
The City Council shall have power by ordinance to fix the boundary limits of the City of Cedar Park and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said City, with or without the consent of the residents or the owners of the territory annexed.
(e)
Annexation by Any Other Method Provided by Law:
Additional territory may be annexed to the City in any manner and by any procedure that may now be provided by law or that may be hereafter provided or in such manner as shall be provided by ordinances or resolutions of the City Council. Same shall be in addition to the methods hereinabove provided.
(f)
Annexed Territory to Become Part of the City:
Upon completion of any one of the procedures hereinabove provided, the territory so annexed shall become a part of the City, and said land and its residents and future residents shall be provided within a timely manner all the rights and privileges of other citizens of the City and shall be bound by the acts, ordinances, resolutions and regulations of the City.
Whenever there exists within the corporate limits of the City of Cedar Park any territory lying adjacent to the corporate limits which is not suitable or necessary for City purposes, the City Council may, upon a nonbinding petition signed by a majority of the qualified voters residing in such territory or without any such petition by ordinance duly passed, discontinue said territory as a part of said City. Said petition and ordinance shall specify accurately the metes and bounds of the territory sought to be eliminated from the City and shall contain a plat designating such territory so that the same can be definitely ascertained; and when said ordinance has been duly passed the same shall be entered upon the minutes and records of said City; and after the entry of such ordinance said territory and the inhabitants thereof shall cease to be a part of said City. At least thirty (30) days prior to the City Council’s consideration of any ordinance which would discontinue a territory as a part of said City, the Mayor shall have published an announcement that said territory has been determined to be not suitable or necessary for City purposes and shall include such announcement the bases and reasons for such determination.
The City of Cedar Park shall have all the powers granted to cities by the constitution and laws of the State of Texas, together with all the implied powers necessary for the execution of all the powers granted.
In the exercise of its powers, the City may:
(a)
Design, adopt and use a corporate seal;
(b)
Contract and be contracted with;
(c)
Sue and be sued, implead and be impleaded in all courts in all matters;
(d)
Cooperate with the government of the State of Texas and any agency thereof, the federal government and any agency thereof, and any political subdivisions of the State of Texas;
(e)
Own property and acquire property within or without its boundaries, for any municipal purpose, in fee simple or in any lesser estate of interest, by purchase, gift, devise, lease or condemnation;
(f)
Hold, sell, lease, manage, control and police any property now owned by the City or which may be acquired by the City;
(g)
Lease property owned by the City whether such property is located inside or outside the City, subject to the limitations herein provided;
(h)
Construct, own, lease, operate, and regulate public utilities;
(i)
Assess, levy and collect taxes for general and special purposes on all lawful subjects of taxation;
(j)
Borrow money on the faith and credit of the City by the issuance of bonds, certificates of obligations, warrants or notes of the City;
(k)
Appropriate the money of the City for all lawful purposes;
(l)
Regulate and control the use of streets and other public places;
(m) Pass and enforce such ordinances as may be expedient for the protection and maintenance of good government, the peace and welfare of the City, the performance of the functions of the City and the order and security of the residents of the City;
(n)
Provide suitable penalties for violations of City ordinances;
(o)
Except as prohibited by the constitution and laws of the State of Texas, exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever.
The City of Cedar Park shall have, and may exercise, all the powers enumerated in Article 1175, Chapter 13, Title 28, of the Revised Civil Statues of the State of Texas of 1925 as now or hereafter amended; with exclusions, or alterations that may be specifically included in this Charter.
The City shall have the full power and right 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 and laws of the State of Texas. The City may exercise the power of eminent domain in any manner authorized or permitted by the constitution and laws of this State. The power of eminent domain hereby conferred shall include the right of the City to take the fee in land so condemned and such power and authority shall include the right to condemn public property for such purposes as provided by the statutes of the State of Texas. The City shall have and possess the power of condemnation for any municipal or public purposes even though not specifically enumerated in this Charter. The City shall be required in all instances to pay, as a minimum, appraised value for tax purposes at the time public notice is given of the condemnation proceedings.
The City Council shall have the full power and authority to zone the City and to pass all necessary ordinances, rules and regulations governing the same under and by virtue of the authority vested in cities by State statues.
The City Council shall be composed of the Mayor and six (6) Council-members. The Mayor and all Council-members shall be elected from the City-at-Large and each Council member shall occupy a position on the City Council, such positions being numbered one (1) through six (6) consecutively. The Mayor and Council members shall be elected in the manner in Article V of this Charter to serve for two (2) year terms. The Mayor, Council member Place Two (2), Council member Place Four (4), and Council member Place Six (6) shall be elected in the even years. Council member Place One (1), Council member Place Three (3), and Council member Place Five (5) shall be elected in the odd years.
In addition to any qualifications prescribed by law, the Mayor and each Council member shall meet the conditions of SECTION 5.02 while in office, and shall reside within the City while in office.
The City Council shall be the final judge of all elections and of qualifications of its members and any other elected officials of the City.
Members of the City Council shall serve without compensation; however, they shall be entitled to all expenses incurred in the performance of their official City Council duties upon approval by the City Council
The Mayor shall be the official head of the City Government, and shall work with the City Manager with assistance from the City Secretary and other City staff members, as required, in preparing agendas for the City Council meetings. The Mayor shall preside at all meetings of the City Council, shall sign all ordinances, orders, resolutions, statements, agreements, conveyances, plats, instruments, and documents, authorized or enacted by the City Council. The Mayor shall vote on all issues, proposals, questions, and motions which require City Council votes. The Mayor shall not have the power to veto or modify any ordinance adopted by the City Council and shall not, in any way, neutralize or negate any action of the City Council. The Mayor shall be recognized as the head of City government for all ceremonial purposes and shall be responsible for providing initiative and guidance in the orderly management and growth of the City.
The Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor, and, in this capacity, shall have the rights conferred upon the Mayor.
(a)
Vacancies:
The office of a Council member or office of the Mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office.
(b)
Forfeiture of Office:
If the Mayor or any Council member:
(1)
Fails to maintain the qualifications as required in SECTION 3.02 and SECTION 5.02 herein
(2)
Violates any expressed prohibition of this Charter,
(3)
Is convicted of a crime involving moral turpitude, or
(4)
Fails to attend three (3) consecutive Regular City Council Meetings without being excused by the City Council.
The City Council shall, at its next regular meeting, after validation of any of the above, declare the office to be vacant and shall fill such vacancy as set forth in Subsection (c) below of this SECTION 3.06.
(c)
Filling of Vacancies:
A single vacancy in the City Council shall be filled within thirty (30) days of the occurrence of the vacancy, by a majority of the remaining members of the City Council by the appointment of a person qualified for the position as described in this Charter. This appointee shall serve until the position is filled at the next regular City election. When more than one vacancy shall develop at any time, a special election shall be called by the City Council within thirty (30) days following the occurrence of the vacancies to fill the vacancies in the same manner as described herein for regular elections. However, if the vacancies occur within 120 days of a regular election, then no special election shall be called and the remaining City Council members shall appoint qualified persons to fill vacancies until the regular election. Notwithstanding the requirement in SECTION 3.10, if at any time the membership of the City Council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to four (4). These appointees shall serve until the positions can be filled at the next regular or special City election. All vacancies filled by election shall be for the remainder of the unexpired term of the office so filled.
All powers of the City shall be vested in the City Council, except as otherwise provided by law or this Charter, and the City Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law.
(a)
Holding Other Office:
No Mayor or Council member shall hold other City office or City employment during his term as Mayor or Council member and no former Mayor or Council member shall hold any compensated appointive City office or City employment until one (1) year after the expiration of his term as Mayor or Council member.
(b)
Appointments and Removals:
Neither the City Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the Manager or any of his subordinates are empowered to appoint, but the City Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees.
(c)
Interference with Administration:
Except for the purpose of inquiries and investigations under SECTION 3.16, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the City Council nor its members shall give orders to or in any way exercise the influence of their office on such officer or employee, either publicly or privately, except as otherwise provided in this Charter.
The City Council shall hold at least two (2) regular meetings each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the days and time of the regular meetings. Special meetings of the City Council shall be held on the call of the Mayor or a majority of the City Council members and, whenever practicable, upon no less than twelve (12) hours notice to each City Council member.
Four (4) City Council members shall constitute a quorum for the purpose of transaction of business, and no action of the City Council, except as provided in SECTION 3.06, shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the City Council.
The City Council shall, by ordinance, determine its own rules and order of business and the rules shall provide that citizens of the City shall have a reasonable opportunity to be heard at any meeting in regard to any matter under consideration.
The City Council shall provide for minutes to be taken and recorded of all meetings, except those meetings held in executive session. Such minutes shall be a public record. Voting, except on procedural motions shall be by roll call and the yes’s and no’s shall be recorded in the minutes. All members of the City Council present, including the Mayor, shall vote upon every resolution or ordinance, except when there is a conflict of interest, as defined in ARTICLE XI in this Charter, the reason for which shall be stated concisely in the records.
No ordinances except emergency ordinances, shall be finally passed until they have been read on two (2) separate days not less then 72 hours apart. The final reading of each ordinance shall be in full unless a written or printed copy thereof shall have been furnished to each member of the City Council prior to such meeting
The enacting clause of all ordinances shall be:
“Be it ordained by the City Council of the City of Cedar Park, Texas”.
All ordinances which levy a fine or penalty and those which deal with the budget, taxes, franchises, public utilities or the setting of their rates shall be read at two (2) regular meetings followed by publication in full or by caption in at least one (1) issue of the official newspaper of the City of Cedar Park before the same shall become effective.
SECTION 3.14 Emergency Ordinances
To meet a public emergency affecting life, property, or the public peace, the City Council may adopt emergency ordinances. Such ordinances shall not levy taxes, grant or renew or extend a franchise, or regulate the rate charged by any public utility for its services. Neither shall the City Council authorize the borrowing of money, except as provided in ARTICLE VIII, SECTION 8.06. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. Such emergency clause shall require the affirmative vote of four (4) members of the City Council. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of four (4) members of the City Council shall be required for adoption. After adoption, the ordinance shall be published as required for other adopted ordinances and shall become effective in the same manner. Every emergency ordinance so adopted, except one authorizing the borrowing of money as described herein, shall automatically stand repealed as of the sixty-first (61st) day following the day on which it became effective, but this shall not prevent re-enactment of the ordinance.
The City Council shall require bonds of all municipal officers and employees who receive or pay out any monies of the City. The amount of such bonds shall be determined by the City Council and the cost thereof shall be borne by the City.
The City Council shall have the power to adopt ordinances permitting the City Council to inquire into the official conduct of any department, agency, officer or employee of the City and permitting the City Council to subpoena witnesses, administer oaths, compel the appearance of witnesses and the production of books, papers, records and other evidence material to a specific inquiry. Such ordinances adopted by the City Council shall include provisions for penalties for contempt in failing or refusing to obey orders issued by the City Council as authorized by such ordinances; and such ordinances shall provide for punishment for any such contempt in a manner provided by such ordinances.
(a)
Appointment and Qualifications:
The City Council by a majority vote of the City Council shall appoint a City Manager. The method of selection shall be left to the discretion of the City Council so long as the method insures orderly, non-partisan action in securing a competent and qualified person to fill the position. The City Manager shall be chosen upon the basis of his executive and administrative training, experience and ability and need not when appointed be a resident of the City; however, within a reasonable period of time after the appointment, shall reside within the City during his tenure. The City manager shall be bonded at City expense in an amount of not less than one hundred thousand dollars ($100,000.00).
(b)
Compensation:
The City manager shall receive compensation as may be fixed by the City Council according to his experience, education, and training. The compensation shall be agreed upon before appointment with the understanding that the City Council may change it at its discretion.
(c)
Term and Removal:
The City Manager shall not be appointed for a definite term but may be removed at the discretion of the City Council, by vote of the majority of the City Council. The action of the City Council in suspending or removing the City Manager shall be final. It is the intention of this Charter to vest all authority and fix all responsibilities of such suspension or removal in the City Council.
(d)
Powers and Duties:
The City Manager shall be the Chief Administrative Officer of the City, and shall be responsible to the City Council for the proper administration of all the affairs of the City and to that end shall have the power to:
(1)
See that all State laws and City ordinances are effectively enforced.
(2)
Appoint, suspend or remove all or any one of the directors of departments, except as otherwise provided in this Charter.
(3)
Attend all meetings of the City Council except when excused by the City Council.
(4)
Prepare the budget annually and submit it to the City Council and be responsible for its administration after its adoption.
(5)
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.
(6)
Submit to the City Council a monthly budget summary and keep the City Council advised of the financial condition and future needs of the City and make recommendations as may seem advisable.
(7)
Make reports as the City Council may require concerning the operation of City departments, offices and agencies subject to his direction and supervision.
(8)
Perform duties prescribed by this Charter and duties required of him by the City Council.
(9)
Insure that all public records are accessible to the public and available upon request.
(e)
Acting City Manager:
The City Manager, within sixty (60) days after taking office, shall designate by letter filed with the City Secretary, a qualified administrative officer of the City, approved by the City Council, to perform the duties of the City Manager in his absence or disability. No member of the City Council shall serve as Acting City Manager.
(a)
There shall be established and maintained a court, designated as a “Municipal Court” of the City of Cedar Park for the trial of misdemeanor offenses, with all such powers and duties as are now, or may hereafter be prescribed by laws of the State of Texas relative to municipal courts.
(b)
The Municipal Judge shall be appointed by the City Manager subject to the approval of the City Council and shall be an Attorney licensed by the State of Texas. The Judge shall be entitled to compensation as recommended by the City Manager and fixed by the City Council.
(c)
There shall be a clerk of said court appointed by the City Manager.
(d)
The clerk of said court and deputies shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto, and perform any and all acts usual and necessary to be performed by the clerks of courts and conducting the business thereof.
(e)
The City Manager shall have the power to appoint additional associate Judges as provided by law and as authorized by the City Council.
(f)
All costs, fees, special expenses and fines imposed by the Municipal Court shall be paid into the City Treasury for the use and benefit of the City except as otherwise required by State Law.
(g)
The Municipal Judge and all additional Judges shall be bonded at the cost of the City for no less than one hundred thousand dollars ($100,000.00).
The City Council shall appoint a competent and duly licensed attorney practicing law in the State of Texas, who shall be the City Attorney. He shall receive for his services such compensation as may be fixed by the City Council and shall hold his office at the pleasure of the City Council. The City Attorney, or such other attorneys selected by him with the approval of the City Council, shall represent the City in all litigation. He shall be the legal advisor of and attorney for the City and all officers and departments in the conduct of City business.
The City Manager shall appoint or remove the City Secretary, subject to the approval of the City Council; and shall appoint or remove such Assistant City Secretaries as the City Council shall deem advisable.
The duties of the City Secretary, or an Assistant City Secretary, shall be as follows:
(a)
To give notice of the City Council and Commissions meetings.
(b)
To keep the minutes of City Council meetings.
(c)
To authenticate by his signature and record in full, in a book indexed for this purpose, all ordinances and resolutions.
(d)
To perform such other duties as the City Council or City Manager shall assign to him, and as elsewhere provided for in this Charter.
There shall be established and maintained a department of police to maintain law and order within the City of Cedar Park to protect the citizens from violence or threats of violence and to protect their property from damage or loss.
(a)
Chief of Police: Appointment, Qualifications and Duties
The Chief of Police shall be appointed by the City Manager, subject to the approval of the City Council, for an indefinite term. The Chief of Police shall be fully responsible to the City Manager for the administration of his department. He shall, with the approval of the City Manager, appoint and remove the employees of said department and carry out enforcement of the resolutions and ordinances of the City Council and perform such other duties as may be required of him by the City Council. The Chief of Police shall be chosen upon the basis of his administrative training, experience and ability in the law enforcement field. He must be of good reputation, both past and present, and hold an advanced certificate issued by the Texas Commission of Law Enforcement Officers Standards and Education. The Chief of Police shall establish and maintain written rules including, but not limited to disciplinary procedures, general order, department policy, job description and dress code. This information shall be made accessible to the public.
(b)
Special Police:
No person, except as authorized by general law, by this Charter or by the ordinances passed pursuant hereto, shall act as special police or special detective.
The City Council shall, by ordinance, establish health and sanitation standards for the City and may establish a Health and Sanitation Department. Health and sanitation concerns of the City Council shall include preparation, display, handling, sale and serving of food by any business in the City; cleanliness and other health related conditions of hotels and motels in the City; animal control; garbage and trash disposal; prevention of water stagnation; prevention of water pollution and air pollution; other situations and activities determined by the City Council to have a direct relationship to the health of persons in the City. Health and sanitation ordinances approved by the City Council shall provide for necessary inspections to be made to identify violations of said ordinances and shall provide for penalties for such violations.
Said ordinances shall provide:
(a)
That required inspections shall be made by qualified employees of Williamson County Health Department, in accordance with provisions of a City-County agreement or
(b)
That said ordinances shall be administered by the Public Works Director of the City of Cedar Park or
(c)
That said ordinances shall be administered by a physician appointed by the City Council to serve as Health Officer.
In any event, the City Manager shall supervise the enforcement of all ordinances of the City and all State Laws relating to health and sanitation in the City except in any situation where a State Law requires that primary or sole responsibility for enforcement of said law shall belong to the State.
(a)
Schedule
The regular City Election shall be held annually on the first Saturday in April. The City Council shall be responsible to specify places for holding such election.
(b)
Special Elections
The City Council may, by resolution, order a special election under conditions specified elsewhere in this Charter, or for ordinances, bond issues, Charter amendments, recall or other purposes deemed appropriate by Council. The City Council shall fix time and places for holding such special elections, and provide all means for holding same.
(c)
Voter Eligibility List
A certified list of voter registrants within the City, as prepared by the County Tax Assessor-Collector, shall be maintained current by the City Secretary. If, for a purpose relating only to a City election or to candidates or issues involved in such election, any organization, group or person requests a list of qualified voters of the City, permission to copy the current list shall be granted by the City Secretary.
(d)
Conduct and Regulation of Elections
All City elections shall be governed by the Constitution of the State of Texas, general laws of the State, this Charter, and ordinances of the City, in the order named. Municipal elections shall be conducted by the election officials appointed or approved by the City Council. Sample ballots shall be posted in the voting place(s) for the purpose of voter orientation.
Eligibility to File.
Each candidate for an elective city office shall meet the following qualifications:
(a)
Shall be a registered voter of the City and at least eighteen (18) years of age.
(b)
Shall have resided for at least twelve (12) months preceding the election within the corporate limits of the City, including territory annexed prior to the filing deadline.
(c)
An incumbent seeking re-election must file for the same position number presently held.
(d)
No candidate may file for more than one office or position number per election.
(e)
No employee of the City shall continue in such position after filing for an elective office of the City.
(f)
An elected official filing for any office other than the office presently held, shall resign from such presently held office at least forth-five (45) days prior to the election.
(a)
Names on Ballot
The name of each candidate for office, except those who have withdrawn, died or become ineligible, shall be printed on the official ballots without party designation or symbol, and in the form designated by the candidate. If two or more candidates have the same surname or surnames so similar as to be likely to cause confusion, their residence addresses shall be printed with their names on the ballot.
(b)
Order of Listing
The order on the ballot of the names of the candidates shall be determined by lot in a drawing to be held under the supervision of the City Secretary.
(c)
Absentee Ballots
Procedures for voting by absentee ballot shall be consistent with the current edition of Texas Election Laws.
(d)
Ballots for Ordinances, Bond Issues, and Charter Amendment, to be voted on by registered voters of the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title but shall be a clear, concise statement, approved by majority of the whole City Council, describing the substance of the measure without argument or prejudice.
Below the ballot title shall appear the following question:
“Shall the above described (ordinance) (bond issue) (amendment) be adopted?”
Immediately below or to the left of such question shall appear, in the following order, the words “Yes” and “No” each with a square in which the voter may cast his vote by marking a cross (x).
(e)
Procedures for write-in votes shall be consistent with the current edition of Texas Election Laws.
The returns of every municipal election shall be delivered from the election judges to the City Secretary and the Mayor at City Hall not later than twelve (12) hours after the closing of the polls. The City Council shall canvass the returns in accordance with Texas Election Laws. The returns of every municipal election shall be recorded in the minutes of the City Council by totals for each candidate, or, for and against each issue submitted.
A majority vote for an elective office is that number of votes which is greater than one-half of the total number of valid ballots cast for the office concerned. Any candidate for elective office who receives a majority vote shall be declared elected. If none of the candidates for an elective position receives a majority vote, none of such candidates shall be elected.
In the event no candidate for an elective office receives a majority of the votes cast for that position in the regular or special election or there is a tie for first place, a run-off election shall be held between the two (2) candidates who received the greatest number of votes. Such run-off election shall be held not less than ten (10) nor more than twenty-one (21) days following the preceding regular or special election.
The people of the City reserve the power of direct legislation by initiative, and in the exercise of that power, may propose any ordinance, except ordinances appropriating money, levying taxes, annexing land, zoning ordinances or ordinances repealing ordinances appropriating money, levying taxes, annexing land, or zoning ordinances not in conflict with this Charter or the Constitution or laws of the State of Texas. Any initiated ordinance may be submitted to the Council by a petition signed by qualified voters of the City equal in number to at least ten percent (10%) of all qualified voters of the City.
The people of the City reserve the power to approve or reject at the polls any City Council legislation which is subject to the initiative process under this Charter, except that ordinances authorizing the issuance of either tax or revenue bonds, whether original or refunding bonds, annexing land and zoning ordinances shall not be subject to referendum. The people may by petition require voter approval of an ad valorem tax increase as provided by the laws of the State of Texas. In the further exercise of the power of referendum, a petition signed by qualified voters of the City equal in number to ten percent (10%) of all qualified voters of the City may be filed with the City Secretary requesting that an existing ordinance be either repealed or submitted to a vote of the people. When such a petition has been certified as accurate and sufficient by the City Secretary, all action authorized by the specified ordinance shall be suspended until said ordinance has been approved by the voters as herein provided.
Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption.
Referendum petition papers shall contain a sufficient description of the ordinance sought to be referred to, identify it, or if the ordinance has been passed by the City Council, the full text of the ordinance sought to be referred shall be included in the papers.
The signatures to the initiative or referendum petitions need not be all appended to one paper, but each signer’s name shall be printed and signed in ink as shall the resident’s address, precinct number, and serial number from the voter registration certificate or other document prescribed by the laws of the State of Texas to identify qualified voters. No signature shall be counted if there is reason to believe it is not the actual signature of the purported signer or that it is a duplication either of name or of handwriting used in any other signature on the petition, and no signature shall be counted unless the residence address of the signer is shown, and unless it is signed exactly as the name of the voter appears on the official copy of the current voter registration list or other document prescribed by the laws of the State of Texas to identify qualified voters, and unless the precinct number and serial number that appeared on the signer’s voter registration certificate or other document prescribed by State law to identify qualified voters are noted as above required.
Before the signatures on any petition paper may be counted, one of the persons signing the petition paper, a qualified voter, shall make oath before the City Secretary or other officer competent to administer oaths, that the statements made in the affidavit are true, that each signature to the paper appended is the genuine signature of the person whose name purports to be signed thereto, and that such signatures were placed thereon in the presence of the affiant.
Within thirty (30) days after an initiative or referendum petition is filed, the City Secretary shall determine whether it is properly signed by the requisite number of qualified voters. The City Secretary shall declare void any petition paper which does not have an affidavit attached thereto as required in SECTION 6.03 of this ARTICLE. In examining the petition, the City Secretary shall indicate the names of signers found not qualified. The City Secretary shall certify the results of the petition examination to the Council at its next regular meeting. If the certificate of the City Secretary shows an initiative or referendum petition to be insufficient, the City Secretary shall notify the person filing the petition, and it may be amended within fifteen (15) days from the date of such notice by filing a supplementary petition upon additional papers signed and filed as prescribed for the original petition. Within fifteen (15) days after the amendment is filed, the City Secretary shall examine the amended petition and certify as to is sufficiency. If the amended petition is then found to be insufficient, no further proceedings shall be had with regard to it.
If the City Council receives an authorized initiative petition certified by the City Secretary to be sufficient, the City Council shall:
(a)
Pass the initiated ordinance without amendment within thirty (30) days after date of the certification to the City Council; or
(b)
Submit the initiated ordinance without amendment to a vote of the qualified voters of the City at a regular or special election to be held within ninety (90) days after the date of the certification to the City Council or as soon thereafter as permitted by the laws of the State of Texas; or
(c)
At an election as described in (b), submit to a vote of the qualified voters of the City the initiated ordinance without amendment and an alternative ordinance on the same subject proposed by the City Council.
If the initiated and the alternative ordinances are both approved by a majority of the votes cast at the election, the ordinance receiving the greater number of votes shall be effective as an ordinance of the City; the other ordinance shall be considered rejected and shall not be effective.
If the City Council receives an authorized referendum petition certified by the City Secretary to be sufficient, the City Council shall reconsider the referred ordinance, and if upon reconsideration the ordinance is not repealed within thirty (30) days, it shall be submitted to the qualified voters of the City at a regular or special election to be held not more than ninety (90) days after the date of the certification to the City Council or at the earliest time thereafter permitted by law.
Special elections on initiated or referred ordinances shall be held when necessary as permitted by State law. No ordinance on the same subject as an initiated ordinance which has been defeated or on the same subject as a referred ordinance which has been approved at any election may be initiated by the voters within one (1) year from the date of that election.
Any number of ordinances may be voted on at the same election in accordance with the provisions of this ARTICLE. If a majority of the legal votes cast are in favor of an initiated ordinance, it shall thereupon be effective as an ordinance of the City. An ordinance thus adopted may not be repealed or amended until after the expiration of two (2) years and then only by a vote of four-fifths (4/5) of the City Council members qualified and serving. A referred ordinance which is rejected by a majority of the legal votes cast in a referendum election shall be thereby repealed. An ordinance thus rejected may not be re-enacted until after the expiration of two (2) years and then only by a vote of four-fifths (4/5) of the City Council members qualified and serving.
The people of the City reserve the power to recall any elected officer of the City and may exercise the power by filing with the City Secretary a petition signed by qualified voters of the City equal in number to at least ten percent (10%) of all qualified voters of the City, demanding the removal of the elected officer. The petition shall be signed and verified as required for an initiative petition.
The provisions regulating examination, certification, and amendment of initiative petitions shall apply to recall petitions. If the petition is certified by the City Secretary to be sufficient, the City Council shall order and hold a special election to determine whether the officer shall be recalled.
If the majority of the legal votes cast at a recall election be for the recall of the officer named on the ballot, the City Council shall immediately declare the office vacant and call a special election to fill the vacancy.
No recall petition shall be filed against an elected officer within six (6)months after taking office, and no officer shall be subjected to more than one (1) recall election during the term of office.
In the event all of the requirements of this Charter shall have been met and the City Council shall fail or refuse to receive the recall petition, or order such recall election , or discharge any other duties imposed upon said City Council by the provisions of this Charter with reference to such recall, then the County Judge of Williamson County, Texas shall discharge any such duties herein provided to be discharged by the person performing the duties of City Secretary or by the City Council.
The adoption of this Charter shall not abolish nor change the zoning ordinance in effect at the time of its adoption.
SECTION 7.02 Power to Zone
The City Council shall have the power to zone the city after recommendation of the Planning and Zoning Commission, and shall enact necessary implementing legislation as authorized by law and after all public hearings required by law.
There shall be a Planning Commission which shall also serve as a Zoning Commission and which shall be known as the Planning and Zoning Commission. The Planning and Zoning Commission shall consist of no fewer than five (5) nor more than seven (7) residents of the City who own real property within the City. The members of the Commission shall be appointed by the City Council for a term of two (2) years, or until their successors are appointed and qualified. Vacancies on the Commission shall be filled for the unexpired term by the City Council. The Commission shall elect a chairperson, vice-chairperson and a secretary from among its appointed members. A majority of the appointed members shall constitute a quorum for the transaction of business.
The Planning and Zoning Commission shall:
(a)
Exercise authority over platting and subdividing of land within and outside the corporate limits of the City as authorized by law.
(b)
Recommend to the City Council approval or disapproval of proposed changes in the City’s Zoning Ordinance and Plan;
(c)
Recommend to the City Council plans for the physical development of the City; and
(d)
Perform all other functions of the Planning and Zoning Commission under the laws of the State of Texas.
There shall be a Zoning Board of Adjustment which shall consist of five (5) members and four (4) alternates. They shall be residents of the City and shall own real property within the City. The members and alternates of the Board shall be appointed by the City Council for two (2) years, or until their successors are appointed and qualified. Vacancies on the Board shall be filled for the unexpired term by the City Council. The Board shall elect a chairperson, vice-chairperson, and secretary from among its appointed members and adopt its own rules of procedure consistent with due process of law and in accordance with the laws of the State of Texas.
The Zoning board of Adjustment shall have the powers and perform the duties prescribed by the laws of the State of Texas, including, but not limited to, the power to:
(a)
Grant special exceptions:
(b)
Grant variances; and,
(c)
Hear and decide appeals from orders enforcing zoning laws.
(a)
A Finance Department is established and shall be maintained to manage the finances of the City.
(b)
The Finance Department shall be directed by an experienced financial manager who shall be appointed Finance Director for an indefinite term by the City Manager after approval of the City Council. The Finance Director may be removed from office by the City Manager after consultation with the City Council.
(c)
The Finance Director shall have custody of all public moneys, funds, notes, bonds, and other securities belonging to the City. The Finance Director shall make payments out of the City funds upon order signed by City Officers as designated by the City Council. The Finance Director shall make to the City Manager and the City Council a full and accurate statement of receipts and payments, as directed by the City Manager. The Finance Director shall perform other duties as directed by ordinance, or the City Manager.
(d)
The Finance Director shall be bonded at the cost of the City for no less than one hundred thousand dollars ($100,000.00).
The Fiscal Year of the City shall begin October 1 and end the following September 30.
(a)
Scope:
The annual budget must specify appropriations for capital expenditures and for expenditures directed by the City Council for the operation of City departments, offices, and agencies. It must comply with fund requirements of bond covenants.
(b)
Preparation:
City department heads and officers shall submit budget requests for the next fiscal year to and as directed by the City Manager for review and consolidation. The City Manager shall submit a proposed annual budget to the City Council in sufficient time to permit the City Council to review and revise it.
(c)
Adoption:
Before taxes are levied, but after a minimum of two (2) public hearings, the City Council shall adopt the annual budget. The City Council may amend the proposed budget, but shall not delete or decrease appropriations required for debt service, or for estimated cash deficit, or by law, and shall not authorize expenditures in excess of the total of estimated income plus funds available from earlier years.
(d)
Failure to Adopt:
If the City Council fails to adopt the annual budget before the start of the fiscal year to which it applies, appropriations of the last budget adopted shall be considered as adopted for the current fiscal year on a month-to-month, pro-rata basis until the next budget is adopted.
All proposed and adopted budgets shall be treated as a public record.
During the Fiscal Year, the City Council shall have the power to transfer, by resolution, in accordance with the laws of the State of Texas, funds within the budget, but only after a public hearing.
The City Council may make emergency appropriations at any time to meet a pressing need for public expenditures in order to protect the public health, safety, or welfare.
The City shall have the right and power to borrow money on the credit of the City for permanent public improvements or for other public purposes as determined by the City Council, and the power to issue bonds, certificates of obligation, warrants, or other evidences of indebtedness of the City as authorized by the laws of the State of Texas. The total general obligation debt of the City shall never exceed ten percent (10%) of the net taxable value of property on the tax rolls of the City, and any issue of bonds in excess of said sum shall be void as to such excess. Not withstanding any other provisions of this Charter to the contrary, ordinances authorizing the issuance of bonds, certificates of obligation, warrants or other evidences of indebtedness, or ordinances authorizing the levy of taxes or the pledge of revenues to secure payment of indebtedness shall require only one reading, shall become effective immediately, and shall not be subject to referendum. Nothing in this SECTION excuses compliance with SECTION 8.08 of this Charter.
Bonds payable from ad valorem taxes, other than refunding bonds, shall not be issued unless the bonds have been authorized by a majority vote at a City election held for that purpose as prescribed by the laws of the State of Texas.
Appropriations shall lapse at the close of the fiscal year if not spent or encumbered.
No payment shall be made nor obligation incurred unless it complies with a budget appropriation and unless the Finance Director first certifies that there is or will be enough unencumbered money in that account to meet the obligation when it is due.
The Finance Director shall report to the City Council each month the financial condition of the City. For each budget item, the monthly report will show the annual amount budgeted, the amount expended the preceding month,, and the amount expended in the fiscal year to the report date. Financial records and reports of the City shall be prepared and maintained in accordance with general accepted accounting principles.
At the close of each fiscal year, and at other times as necessary, the City Council shall have a certified public accountant conduct an independent audit of all accounts of the City. The certified public accountant shall have no personal interest in the financial affairs of the City or of its officers and in any event shall not perform the audit for more than three (3) consecutive years. A summary of the results of the completed audit shall be on file in the City Secretary’s office as a public record.
The City shall make purchases and execute contracts only in accordance with the Constitution and laws of the State of Texas.
Provisions shall be made in the annual budget and in the appropriation ordinance for a contingent appropriation in any amount no more than three percent (3%) of the total budget, to be used in case of unforeseen items of expenditure. Such expenditure shall be under the control of the City Manager, after the approval of the City Council. Expenditures from this appropriation shall be made only in case of established emergencies and a detailed account of such expenditures shall be recorded and reported.
The City Council shall have the power, within the limits of the Constitution and the laws of the State of Texas, to levy and collect annual taxes on property with a situs in the City.
(a)
The City Council shall cooperate with and advise the Williamson County Appraisal District on all appraisals and assessments of all properties, real, personal, or mixed, having situs within the City of Cedar Park as of the first day of January of each year.
(b)
The City Council or the property owner shall have the right as prescribed by law to contest the assessed values on all parcels before the Appraisal Review board.
(c)
The City Council shall have the power to levy the tax rate per one hundred dollars ($100.00) taxable value, as certified by the Williamson County Appraisal District and the Appraisal Review Board, after meeting all requirements of the ‘Truth in Taxation’ laws of the State of Texas.
There shall be within the Finance Department a Tax Collector who shall be appointed for an indefinite term by the City Manager. The Tax Collector shall:
(a)
Collect all taxes and special assessments due to the City.
(b)
Preserve the tax records in the Office of the Tax Collector, such records shall be accessible to the public, and
(c)
Perform all other duties as directed by ordinance or the City Manager.
The assessment procedure shall be as prescribed by the Williamson County Appraisal District.
The City Council, as soon as practicable after certification of assessment rolls but not later than October 1 each year, shall enact the annual tax levy ordinance. The Tax Collector shall then have tax statements mailed to each person, partnership, association, corporation, and other legal entity named on the tax rolls. If the City Council fails to enact the annual tax levy ordinance for a particular year within such year, the tax levy ordinance last enacted shall remain in effect until the next tax levy ordinance is enacted. Failure of the City Council to enact a tax levy ordinance for a particular year shall not invalidate the collection of taxes for that year.
(a)
Taxes due to the City shall be payable at the Office of the Tax Collector or elsewhere as directed by the City Council and may be paid at any time after enactment of the tax levy ordinance. Taxes not paid by the close of business on January 31st of the following year shall be delinquent, and shall be placed on a delinquent tax roll, and shall be subject to penalty and interest as directed by ordinance. Failure to assess or levy taxes by error or omission in preparation of the approved tax roll shall not relieve the omitted property owner of obligation to pay current or past due taxes.
(b)
Taxes for prior years listed on the current supplemental assessment roll shall be due on receipt of the supplemental bill and become delinquent if not paid by the delinquency date prescribed in SECTION 9.05 (a) or before the first day of the next month after the date of mailing that will provide at least twenty one (21) days for payment of the tax, whichever is later.
SECTION 9.06 Tax Liens and Liabilities
Property having a situs in the City on January 1 of each year shall stand charged with a special lien in favor of the City until the tax on that property is paid. City tax liens shall be superior to all other liens except other tax liens, regardless of when the other non-tax liens were created. Purchasers of property within the City shall take the property subject to tax liens, in addition to other liens against the property. The owner of property subject to taxation by the City shall be personally liable for the taxes until they are paid. The City shall have the power to sue for and recover personal judgments for taxes without foreclosure, or to foreclose its lien or liens, or to recover both by personal judgment and foreclosure. If, in tax litigation, the description of property in the City assessment rolls is insufficient to identify particular property, the City shall have the right to plead a good description of the property, to prove the same, and to have its judgment foreclosing the tax lien or personal judgment or both, against the owners for taxes.
If a property owner to whom the City owes a debt is in arrears in payment of City taxes, the City may reduce the debt by an amount equal to the unpaid taxes. This right of setoff and counterclaim for taxes and arrears shall apply to any debt, claim, demand, or account owned by the City. No assignment or transfer, after taxes are due, of a debt or any other claim shall affect the right of the City to setoff taxes against the debt or other claim.
(a)
In the event procedures regarding tax administration established by statutes or the Constitution of the State of Texas conflict with any one or more of the preceding sections, the City will comply with such State-prescribed procedures.
(b)
Where no conflict exists, the procedures set forth herein will be followed by the City.
ARTICLE X - FRANCHISES AND PUBLIC UTILITIES
No right of control or use of public property of the City may be transferred except by ordinance consistent with this Charter. No act or omission of the City Council or officer or agent of the City may be construed to grant, renew, extend, or amend, in any way, any right, franchise, or easement affecting public property of the City except as provided by this Charter.
The City Council shall have the power by ordinance to grant, renew and extend franchises of public utilities operating in the City. With consent of the franchise holder, the City Council may by ordinance amend franchises of public utilities, but no franchise may be granted for an indefinite term and no franchise may be granted for a term of more than twenty (20) years.
SECTION 10.03 Procedure to Enact Franchise Ordinances
Every ordinance granting, renewing, extending, or amending a public utility franchise shall be read at three (3) regular City Council meetings and shall not be finally acted upon until thirty (30) days after the first reading. Within ten (10) days after the first reading of the ordinance, its full text shall be published in the official newspaper of the City, and the cost of publication shall be paid by the prospective franchise holder.
No public or private utility franchise may be transferred or assigned by its owner except with the approval of the City Council expressed by ordinance.
Grants, renewals, extensions, and amendments of public utility franchises, whether or not provided in the ordinance granting the franchise, shall be subject to the right of the City Council:
(a)
To forfeit the franchise by ordinance for failure of the holder to comply with the terms of the franchise. This right may be exercised only after written notice to the franchise holder stating how the holder has failed to comply with the terms of the franchise and setting a reasonable time for the correction of the failure. Forfeiture may occur only after a hearing and after expiration of a reasonable time for correction.
(b)
To impose reasonable regulations to insure safe, efficient, and continuous service to the public.
(c)
To require expansion, extension, enlargement, and improvement of plant and facilities as necessary to provide adequate service to the public.
(d)
To require franchise holders to furnish the City, without cost to the City, full information regarding the location and precise description of all facilities of the franchise holder in, over, or under the City; and to regulate and control the location, relocation, and removal of the facilities.
(e)
To collect from public utilities operating in the City a proportionate part of the increased cost of City operations and services attributable to the occupancy by or use of public property by the public utility; to collect a proportionate part of the cost of City operations and services required as a result of damage to or disturbance of public property caused by the public utility; and to compel the public utility to perform at its own expense repairs or other operations made necessary by the occupancy or use of, or damage to or disturbance of, public or private property by the public utility.
(f)
To require one franchise holder to allow other holders to use its facilities, if the City Council considers that joint use to be in the public interest. In the event of joint use, reasonable terms of use may be imposed by and a reasonable rental shall be paid to the owner for the use of the facility. The inability of franchise holders to agree on terms and rentals for the use of each other’s facilities shall not be an excuse for failure to comply with a joint use requirement by the City Council.
(g)
To require franchise holders to keep records which accurately reflect the value of the franchise holder’s property used and other property useful in rendering its service to the public and which reflect the franchise holder’s expenses, receipts, and profits of all kinds.
(h)
To examine and audit at any time during business hours the accounts and other records of the franchise holder.
(i)
To require reports on the operations of the utility in the form, and containing information, that the City Council directs.
No grant or franchise to construct, maintain, or operate a public utility and/or renewal or extension of such grant shall be exclusive.
Subject to the laws of the State of Texas, the City Council shall have the power after reasonable notice and hearing to regulate by ordinance the rates, charges and fares of public utilities operating in the City.
All officers of the City shall, before entering upon the duties of their respective office, take and subscribe to the official oath prescribed by the Constitution of the State of Texas. The oath shall be administered by the Mayor, Mayor Pro-Tem, City Secretary, or other person authorized by law to administer oaths.
All public records of every office, department, or agency of the City shall be open to inspection by the public at all reasonable times, provided that records closed to the public by State law shall not be considered public records for the purpose of this section. During normal office hours, any person shall have the right to examine any such public records belonging to the City and shall have the right to make copies thereof under such reasonable rules and regulations as may be prescribed by the City Council or by this Charter.
The City Council shall contract annually with, and by resolution designate, a public newspaper of general circulation in the City as official newspaper thereof, and to continue as such until another is designated, and shall cause to be published therein all ordinances, notices and other matter required by this Charter, by the ordinances of the City, or by the Constitution and/or laws of the State of Texas to be published.
SECTION 11.04 Nepotism
No person related, within the second degree by affinity or within the third degree by consanguinity, to the Mayor or any member of the City Council or City Manager shall be employed or appointed to any office, position or clerkship of the City. This prohibition shall not apply, however, to any person who shall have been employed by the City at least one (1) year prior to and at the time of the election or appointment of the officer related in the prohibited degree.
No member of the City Council or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies, or service. The above provision shall not apply where the interest is represented by ownership of stock in a corporation involved provided such stock ownership amounts to less then ten percent (10%) of the corporation stock or as falls within the scope of ARTICLE 988b of the revised Civil Statutes of Texas as now or hereafter amended. Any willful violation of this SECTION shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby forfeit his office or position. If any corporation or person contracting with the City has knowledge, expressed or implied, that an employee or officer of the City has violated or attempted to violate this SECTION, and such person or corporation fails to report such violation, the contract(s) such person or corporation has with the City shall be subject to cancellation by the City Manager, or the City Council.
The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any writ or execution or cost bill. The funds belonging to the City, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or sequestration; nor shall the City be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the City nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The City shall be obligated to recognize any assignment of wages or funds by its employees, agents or contractors.
The City Council shall have the authority to compromise and settle any and all claims and all suits of every kind and character in favor of or against the City, except suits by the City to recover delinquent taxes.
(a)
Activities Prohibited:
(1)
In appointments to and removal from any City office of employment, no persons shall be favored or discriminated against because of race, sex, political or religious opinions or religious affiliations, age or handicap conditions.
(2)
No person who seeks appointment or promotion with respect to any City compensated position or appointive City administrative compensated office shall directly or indirectly give, render, or pay any money, service or other valuable thing to any person for or in connection with his appointment, proposed appointment, promotion or proposed promotion.
(3)
No City officer or employee, elected or appointed, shall orally, by letter, or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any political purpose whatever from any subordinate City official or employee holding any compensated City position.
(4)
No person who holds any compensated City position shall solicit or receive any contribution to the campaign funds of any candidate for municipal office or take any part in the management, affairs, or political campaign of any municipal candidate.
(b) Penalties:
Any person who by himself or with others violates any of the provisions of Paragraph (1) through (3) of the preceding Subsection (a) shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one hundred dollars ($100.000). Any person who by himself or with others violates any of the provisions of Paragraph four (4) of the preceding Subsection (a) shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one hundred dollars ($100.00). Any person convicted under this SECTION shall be ineligible for a period of five (5) years thereafter to hold any City office or position, and if an officer or employee of the City, shall immediately forfeit his office or position.
(a)
General:
During the term of office or employment, no employee or elected or appointed officer of the City may act in any way which places or tends to place personal interest in conflict with the interest of the City.
(b)
Affidavit:
If a local public official or a person related to that official in the first or second degree by either affinity or consanguinity has a substantial interest as defined in ARTICLE 988b, Section 2 of V.T.C.S. in a business entity that would be peculiarly affected by any official action taken by the governing body, the local public official, before a vote or decision on the matter, shall file an affidavit stating the nature and extent of the interest and shall abstain from further participation in the matter. The affidavit must be filed with the City Secretary.
(c)
Prohibited Acts:
No employee or elected or appointed officer of the City may:
(1)
Accept directly or indirectly a gift, favor, privilege, or employment from a person or business entity that does business with the City or that enjoys a franchise, privilege, license, or easement from the City, except as authorized by ordinance.
(2)
Have a pecuniary interest, directly or indirectly, in a contract with or job, work, or service for the City; have an interest, directly or indirectly, in the sale of land, tangibles, or intangibles to the City.
(3)
Serve as surety for the performance of a person doing business with the City nor serve as surety for a City officer or employee required by this Charter to make a surety bond.
(d)
Exceptions:
(1)
The governing body of a governmental entity may contract for the purchase of services or personal property with a business entity in which a member of the governing body has a substantial interest if the business entity is the only business entity that provides the needed service or product within the jurisdiction of the governmental entity and is the only business entity that bids on the contract.
(2)
The governing body must take a separate vote on any budget item specifically dedicated to a contract with an entity in which a member of the governing body has a substantial interest and the affected member must abstain from that separate vote. The member who has complied in abstaining in such vote, under procedures set forth in SECTION 11.09 (b) of this Charter, may vote on a final budget only after the matter in which he is concerned has been resolved.
(e)
Penalties:
(1)
Any person convicted under this section shall be ineligible for a period of
five (5) years thereafter to hold any City office or position, and if an officer or
employee of the City, shall immediately forfeit his office or position.
(2)
A contract in which an employee or elected or appointed officer of the City has or acquires an interest may be declared void by the City Council.
The City shall have the authority to maintain a public library within the City. The City Council may cooperate with any person, firm, or corporation, or any other governmental entity under such terms as the City Council shall prescribe for the maintenance of such public library.
If any section or part of a section of this Charter is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not invalidate or impair the validity, force or effect of any other section or part of a section of this Charter.
This Charter may be amended in accordance with the laws of the State of Texas
(a)
Every four (4) years after the adoption of this Charter, the Council shall appoint, at its first regular meeting in June, a Charter Review Committee of fifteen (15) residents of the City. The term of office of the Charter Review Committee shall be six (6) months unless extended by the City Council. The Mayor shall appoint three (3) members and each Council member shall appoint two (2) members to serve on the Charter Review Committee.
(b)
Powers and Duties of Charter Review Committee. The Charter Review Committee shall:
(1)
Inquire into the operations of the City government and review this Charter to determine whether the Charter needs revision. Public hearings may be held and the Committee shall have the power to compel the attendance of City officers or employees and to require the submission of the City records necessary to the inquiry and review.
(2)
Propose to the City Council recommendations, if necessary, to insure that the City government and its operations comply with this Charter.
(3)
Propose to the City Council recommendations, if necessary, to improve the effectiveness of this Charter.
(4)
Make a written report of its findings and recommendations to the City Council.
(5)
Present to the City Council proposed Charter amendments if any are considered necessary.
(6)
Meet at least once every two (2) months during its term.
All rights, claims, actions, orders, ordinances, contracts, and legal or administrative proceedings existing before the adoption of this Charter shall continue except as modified by this Charter and shall be maintained, carried on, or dealt with by the City department, office, or agency appropriate under this Charter.
(a)
Departments and Agencies:
If a City department or agency is abolished by this Charter, the powers and duties of that department or agency shall be transferred to the City department, office, or agency designated in this Charter or, if the Charter makes no provision, transfer shall be designated by the City Council.
(b)
Property and Records:
Property, records, and equipment of the City departments, offices, or agencies existing when this Charter is adopted shall be transferred to the departments, offices, or agencies assuming the respective power and duties. If the powers or duties are discontinued or are divided among units or if a conflict arises concerning the transfer, the property, records, and equipment shall be transferred to departments, offices, or agencies designated by the City Council.
After the adoption of this Charter and until the first regular City election under this Charter and until the qualification of the Mayor and City Council members elected at that election, the Mayor and City Council members then in office shall continue in office as Mayor and City Council members respectively and may exercise all of the powers conferred on the City by this Charter. The City Council position created by the adoption of this Charter shall be filled under the provisions of SECTION 3.06 Vacancies, Forfeiture, Filling of Vacancies.
This Charter shall be construed as a general grant of power and as a limitation of power on the government of the City of Cedar Park in the same manner as the Constitution of Texas is construed as a limitation on the powers of the Legislature. Except where expressly prohibited by the Charter, each and every power under the Constitution of Texas, which would be competent for the people of the City of Cedar Park to expressly grant to the City, shall be construed to be granted to the City by this Charter.
The Charter Commission in preparing this Charter concludes that it is impracticable to segregate each subject so as to permit a vote of “yes” or “no” on the same, for the reason that the Charter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these reasons the Charter Commission directs that the said Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of Cedar Park at an election to be held for that purpose on January 17, 1987. 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 Cedar Park as appears from the latest certified list of registered voters. 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 the City of Cedar Park and after the returns have been canvassed, the same shall be declared adopted and the City Secretary shall file an official copy of the Charter with the records of the City. This Charter shall take effect immediately following adoption by the voters and shall be fully operable within one (1) year after adoption. The City Secretary shall furnish the Mayor a copy of said Charter, which copy of the Charter so adopted, authenticated and certified by his signature and the seal of the City, shall be forwarded by the Mayor to the Secretary of State of the State of Texas and shall show the approval of such Charter by majority vote of the qualified voters voting at such election.