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Ord. 0717 1996-02-12ORDINANCE NO. 717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE FOURTH DAY OF MAY, 1996; DESIGNATING THE HOURS AND PLACE FOR HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. WHEREAS, the Charter Review Commission's objective in amending the current Charter was threefold: (1) to clarify things that are confusing in the current Charter; (2) to simplify the wording; and (3) to bring the Charter in line with current practice and state law; WHEREAS, in accomplishing this goal, some sections of the existing charter were retained intact and simply renumbered, wording from the Model Cities Charter was inserted in some sections and in other sections wording from both was combined and revised to meet the current needs of our City; WHEREAS, because the amendments are interwoven throughout the document, the Charter Review Commission recommended that the amend- ments in their entirety be submitted to the voters, concerned that the objective of streamlining and simplifying the Charter would otherwise be defeated; WHEREAS, City Council agrees with the Commission's objectives and commends it for meeting the challenge presented; and WHEREAS, with the exception of the proposed amendment found in Section 9.03 of the Commission's report which addresses mandatory submission of proposed amendments to the voters, City Council accepts the Commission's recommendations; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That proposed amendments to the Home Rule Charter of the City of Pearland, Texas, shall be submitted to the vote of the duly qualified electors of the City of Pearland, Texas, at the same time and places and in accordance with the procedure otherwise employed in connection with the Regular City Election to be held on May 4, 1996, pursuant to applicable provisions of the Home Rule Charter and applicable statutes of the State of Texas. -1- ORDINANCE NO. 717 Section 2. That the portions of the Charter of the City of Pearland which are proposed to be amended are attached hereto as Exhibit "A" and made a part hereof for all purposes. Section 3. That the Presiding Judge of the election of city officers shall appoint two additional Clerks to assist in the voting on the proposed Charter Amendments. Section 4. That the City Secretary is hereby directed to cause notice of the submission of said Charter Amendments to be published in the official City newspaper, together with the text of each proposed amendment in accordance with state and local law. Section 5. That immediately after said election is held, the officers holding same shall make returns of the results thereof to the mayor of this City as required by the Election Code. A copy of this Ordinance shall also serve as a Writ of Election which shall be delivered to the duly appointed Presiding Judge for said elections. >% PASSED and APPROVED ON FIRST READING this the /2 day of A. D., ATTEST: A C. BEIATEZ CITY SECRETARY 1996_ C;;REID MAYOR PASSED and AP ROVED ON SECOND AND FINAL READING this the aday of , A. D., 1996. TOM REID MAYOR -2- ORDINANCE NO. 717 ATTEST: CI A C. BE,+ITEZ Y SECRETARY APPROVED AS TO FORM: McCUL •UGH CITY AT •PNEY -3- Exhibit "A" PROPOSED AMENDMENTS TO CHARTER (PROPOSITIONS) PROPOSITION NO. 1 THE AMENDMENT OF the Pearland Charter, to CHANGE the title of Article 1 from FORM OF GOVERNMENT AND BOUNDARIES to "FORM OF GOVERNMENT". PROPOSITION NO. 2 THE AMENDMENT OF the Pearland Charter, Section 1.01, entitled FORM OF GOVERNMENT, to read as follows: "The municipal government provided by this charter shall be known as the 'council-manager' form of government." (underlined portion ADDED) and to REPEAL the remainder of the section las this subject is now addressed in proposed amendments herein). PROPOSITION NO. 3 THE AMENDMENT OF the Pearland Charter, Section 1.02, entitled INCORPORATION to read as follows: "The City of Pearland in Brazoria and Harris Counties, Texas, within its corporate limits now established and hereafter altered, shall constitute an incorporated city in perpetuity under the name of 'City of Pearland', hereinafter referred to as the 'city'." PROPOSITION NO. 4 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 1.03, entitled ANNEXATION FOR ALL PURPOSES (as this authority is granted by state law). PROPOSITION NO. 5 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 1.04, entitled DETACHMENT OF TERRITORY (as this authority is granted by state law). PROPOSITION NO. 6 THE AMENDMENT OF the Pearland Charter, Section 2.01 entitled GENERAL, to read as follows: "The city shall have all powers possible for a city to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter, together with all the implied powers necessary to carry out the powers granted herein." AMY\o;ARTRR\AMENDS_F10 -- Page 1 PROPOSITION NO. 7 THE AMENDMENT OF the Pearland Charter, Section 2.02 entitled GENERAL POWERS ADOPTED, to read as follows: "Construction. The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power granted in this article." PROPOSITION NO. 8 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 2.03, entitled EMINENT DOMAIN (as this authority is granted by state law) and to substitute in its place a new Section 2.03, entitled INTERGOVERNMENTAL RELATIONS, to read as follows: "The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or any state civil division or agency, or the United States or any of its agencies." PROPOSITION NO. 9 THE AMENDMENT OF the Pearland Charter, to CHANGE the title of Article 3 from THE CITY COUNCIL to "CITY COUNCIL". PROPOSITION NO. 10 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 3.01, entitled NUMBER, SELECTION AND TERM, (as this subject is now addressed in Proposition No. 11) and to substitute in its place a new Section 3.01, entitled GENERAL POWERS AND DUTIES, to read as follows: "All powers of the city shall be vested in the city council as the legislative and governing body of the city, except as otherwise provided by law or this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law." PROPOSITION NO. 11 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 3.02, entitled QUALIFICATIONS (as this subject is now addressed in Section 3.02 and Proposition Nos. 1 5 and 23), and to substitute in its place a new Section 3.02, entitled COMPOSITION, ELIGIBILITY, ELECTION AND TERMS, to read as follows: "(a) Composition. There shall be a city council composed of the mayor and five (5) members who shall be elected by the voters of the city at large. For purposes of this charter, the mayor shall be included in references to the city council except with regard to voting, because the mayor will vote only in the event of a tie. AHY\CHARTER\AHENDS.F10 -- Pace 2 (b) Candidate Eligibility. Only a registered voter who has resided in the city for six months immediately preceding his/her election and is not indebted to the city shall be eligible to run for or hold the office of councilmember or mayor. Ic) Election and Terms. The regular election of councilmembers shall be held in compliance with the state election code on the uniform election date specified by state law in the spring of each year and the mayor shall be elected every three 13) years in an election held in the same manner. The terms of councilmembers shall be staggered so that two (2) members are elected annually. Said terms shall begin immediately upon canvassing of votes after the election. The mayor and each councilmember shall hold office for a period of three (3) years and until his/her successor is elected and qualified. Councilmembers shall be limited to two (2) full consecutive elected terms of office and will not be eligible to seek re-election until the expiration of twelve (12) months." PROPOSITION NO. 12 THE AMENDMENT OF the Pearland Charter, Section 3.03 entitled COUNCIL TO BE JUDGE OF ELECTION QUALIFICATIONS, to read as follows: "Judge of Qualifications. The city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. The council may have the power to set additional standards of conduct for its members beyond those specified in the charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in the city's official newspaper at least one week in advance of the hearing. Decisions made by the council under this section shall be subject to judicial review." PROPOSITION NO. 13 THE AMENDMENT OF the Pearland Charter, to CHANGE the title of Section 3.04, from COMPENSATION, to "COMPENSATION; EXPENSES" and to ADD a final sentence in the section that reads as follows: "The mayor and councilmembers shall receive their actual and necessary expenses incurred in the performance of their duties of office." (Remainder of section unchanged). follows: PROPOSITION NO. 14 THE AMENDMENT OF the Pearland Charter, Section 3.05 entitled MAYOR PRO TEM, to read as "Mayor. The mayor shall be a member of the city council and shall preside at meetings of the council, represent the city in intergovernmental relationships, appoint, with the advice and consent of the council, the members of citizen advisory boards and commissions, and perform other duties specified by the council. The mayor 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 AMY\CHARTER\AMENDS -F.0 -- Page 3 administrative duties. The mayor shall be allowed to vote only in the event of a tie. The council, at its first meeting after election of councilmembers, shall elect from among its members a mayor pro tem who shall act as mayor during the absence or disability of the mayor unless a vacancy occurs as defined in §3.06." PROPOSITION NO. 15 THE AMENDMENT OF the Pearland Charter, Section 3.06 entitled VACANCIES, to read as follows: "Vacancies; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The office of a councilmember shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law. (b) Forfeiture of Office. A councilmember shall forfeit that office if the councilmember (1) lacks, at any time during the term of office for which elected, any qualification for the office prescribed by this charter or by law, (2) violates any express prohibition of this charter, (3) is convicted of a crime involving moral turpitude, or (4) fails to attend two (2) consecutive regular meetings of the council without being excused by the council. (c) Filling of Vacancies. If a vacancy occurs in the council, the remaining members of the council shall appoint a qualified person to fill said vacancy until the next regular election, at which time a special election will be held to elect an official to serve for the remainder of the unexpired term." PROPOSITION NO. 16 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 3.07, entitled POWERS OF THE CITY COUNCIL (as this authority is granted by state law and summarized in Proposition No. 7) and to substitute in its place a new Section 3.07, entitled PROCEDURE, to read as follows: "(a) Meetings. The council shall meet regularly at least once in every month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of two or more members, in writing, and upon no less than 12 hours' notice to each member. Said notice to the council shall -be sufficient if delivered in person. In the event a councilmember cannot be located within the city, delivery of said notice to the councilmember's home shall be sufficient. Except as allowed by state law, all meetings shall be public; however, the council may recess for the purpose of discussing in a closed or execu- tive session any matter permitted by and in accordance with state law. (b) Rules and Journal. The city council shall determine its own rules and order of business and may address selected items by consent agenda in the absence of any objection by council. The council shall provide for keeping a journal of its proceedings which shall be a public record. (c) Voting. Voting upon the passage of ordinances and resolutions shall be by roll call and the ayes and nays shall be recorded in the journal. Four (4) members of the council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by AMY\CHARTER\AMENDS. P10 -- Page a the rules of the council. No action of the council, except as otherwise provided in the preceding sentence and in 53.06, shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the council." PROPOSITION NO. 17 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 3.08, entitled MEETING OF THE CITY COUNCIL (as this subject is now addressed in Proposition No. 16) and to substitute in its place a new Section 3.08, entitled ACTION REQUIRING AN ORDINANCE, to read as follows: "In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city council shall be by ordinance which: (1) Adopt or amend an administrative code or establish, alter, or abolish any city department, office or agency; (2) Adopt any standard code of technical regulations; (3) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed; (4) Levy taxes and provide for budget appropriations; (5) Grant, renew or extend a franchise; (6) Regulate and audit standards of service, quality, availability of product, and rates charged for services by private and public utilities; (7) Authorize the borrowing of money, including but not limited to issuance of bonds for permanent improvements and all other lawful purposes; (8) Convey or lease or authorize the conveyance or lease of any lands of the city; (9) Regulate land use and development; (10) Alter and extend the boundaries of the city limits, including but not limited to annexation of the city's extraterritorial jurisdiction and disannexation; (11) Amend or repeal any ordinance previously adopted; and (12) Establish and maintain a municipal court for the trial of municipal offenses in accordance with state law. Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution." PROPOSITION NO. 18 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 3.09, entitled RULES OF PROCEDURE (as this subject is now addressed in Proposition No. 16) and to substitute in its place a new Section 3.09, entitled PROCEDURES FOR PASSING OF ORDINANCES AND RESOLUTIONS, to read as follows: AMY.CHARTSR\AMENDS .P30 - - Page 5 "Every proposed ordinance shall be introduced in writing and in the form required for final adoption and, upon passage, shall take effect at the time indicated therein, provided 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 its publication. in the city's official newspaper_ 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 as provided by law. The provisions of this section shall not apply to the correction, amendment, revisions and modification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided by this charter, it shall be necessary to the validity of any ordinance that it shall be read and considered at two (2) sessions of the city council. The reading aloud of the official number assigned to the ordinance or resolution by the city secretary shall suffice as a reading, provided printed copies of the ordinance or resolution in the form required for adoption are available to all members of the city council and a reasonable number of additional copies are available to all interested citizens present at the session. The city council shall have power to cause the ordinances or resolutions of the city to be corrected, amended, revised, and modified." PROPOSITION NO. 19 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 3.10, entitled PROCEDURES FOR PASSING OF ORDINANCES OR RESOLUTIONS (as this subject is now addressed in the proposed Section 3.10 and Proposition Nos. 18 and 20) and to substitute in its place a new Section 3.10, entitled EMERGENCY ORDINANCES, to read as follows: "To meet a public emergency affecting the public health, safety, or welfare, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in §8.08. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted upon one (1) reading with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four (4) members of the council shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. An emergency ordinance may also be repealed by adoption of a repeating ordinance in the same manner specified in this section for adoption of emergency ordinances." PROPOSITION NO. 20 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 3.11, entitled OFFICIAL BONDS FOR CITY EMPLOYEES (as this authority is granted by state taw) and to substitute in its place a new Section 3.11, entitled AUTHENTICATION AND RECORDING; CODIFICATION; PRINTING, to read as follows: "(a) Authentication and Recording. The mayor and city secretary shall authenticate by signing and shall record in full, in a properly indexed book kept for the purpose, all ordinances and resolutions adopted by the city council. (b) Codification. At least every ten years, the city council shall provide for the prepara- tion of a general codification of all city ordinances having the force and effect of law. The ordinances shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for integration therein." AMY\CHTRTER'AME Ds.Pla -- Page 6 PROPOSITION NO. 21 THE AMENDMENT OF the Pearland Charter, Section 3.12, entitled INVESTIGATION BY THE CITY COUNCIL, to read as follows: "Investigations. The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the council shall be a misdemeanor punishable by a fine of not more than $2,000, or by imprisonment for not more than one year or both. No individual member of the city council shall have any power to act, investigate, make appointments or inquire into the conduct of any office, department or agency of the city without the specific authorization of the city council in an official meeting." PROPOSITION NO. 22 THE AMENDMENT OF the Pearland Charter, Section 3.13, entitled AUDIT AND EXAMINATION OF CITY BOOKS AND ACCOUNTS, to read as follows: "Independent Audit. The city council shall provide for an independent annual audit of all city accounts and may provide for more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year." PROPOSITION NO. 23 THE AMENDMENT OF the Pearland Charter, to ADD Section 3.14, entitled PROHIBITIONS, to read as follows: "(a) Holding Other Office. Except where authorized by law, no councilmember shall hold any other elected public office during the term for which the member was elected to the council. No councilmember shall hold any other city office or employment during the term for which the member was elected to the council. No former councilmember shall hold any compensated appointive office or employment with the city until one (1) year after the expiration of the term for which the member was elected to the council. Nothing in this section shall be construed to prohibit the council from selecting any current or former councilmember to represent the city on the governing board of any regional or other intergovernmental agency. (b) Appointments and Removals. Neither the city council nor any of its members shall in any manner control or demand the appointment or removal of any city administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, however, the council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees. AMi\CHARTER �AMENDS.Pl0 -- (c) Interference with Administration. Except for the purpose of inquiries and investigations under §3.12, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately." PROPOSITION NO. 24 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 4.01, entitled CITY MANAGER (as this subject is now addressed in Proposition No. 29) and to substitute in its place a new Section 4.01, entitled GENERAL PROVISIONS, to read as follows: "(a) Creation of Departments. The city council may establish city departments, offices or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this charter to a particular department, office or agency may be discontinued or, unless this charter specifically so provides, assigned to any other. (b) Direction by City Manager. All departments, offices and agencies under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of city council, the city manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them." PROPOSITION NO. 25 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 4.02, entitled DEPARTMENT OF POLICE (as this subject is now addressed in Proposition Nos. 6, 7, 24, and 29) and to substitute in its place the contents of Section 4.07, entitled CITY ATTORNEY, as a new Section 4.02. PROPOSITION NO. 26 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 4.03, entitled CITY SECRETARY (as this subject is now addressed in Proposition Nos. 6, 7, 24, and 29) and to substitute in its place a new Section 4.03, entitled CITY JUDGE, to read as follows: "The city council shall appoint a competent attorney duly licensed in the State of Texas to serve as presiding judge of the municipal court, along with additional judges as the city council deems necessary. The Judge shall receive for his/her services such compensation as may be fixed by the city council and shall hold office at the pleasure of the city council." PROPOSITION NO. 27 THE AMENDMENT OF the Pearland Charter, to REPEAL the existing Section 4.04, entitled DEPARTMENT OF TAXATION (as this subject is now addressed in Proposition Nos. 6, 7, 24, and 29) and to substitute in its place a new Section 4.04, entitled PLANNING AND ZONING, to read as follows: "Consistent with all applicable federal and state laws with respect to land use, development and environmental protection, the city council shall: (1) Designate a commission to carry out the planning function and such decision - making responsibilities as may be specified by ordinance; AMY CI-UR?SR AM EENDS. PI 0 -- Page 8 (2) (3) Adopt a comprehensive plan and determine to what extent zoning and other land use control ordinances must be consistent with the plan; and Adopt development regulations, to be specified by ordinance, to implement the plan." PROPOSITION NO. 28 THE AMENDMENT OF the Pearland Charter, to REPEAL the following sections of Article 4 las this authority is granted by state law and summarized in proposed amendments herein): Section 4.05, Section 4.06, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.12, Section 4.13, entitled DEPARTMENT OF FINANCE entitled MUNICIPAL COURT entitled DEPARTMENT OF HEALTH AND SANITATION entitled VOLUNTEER FIRE DEPARTMENT entitled DEPARTMENT OF PUBLIC WORKS entitled RESERVED entitled DEPARTMENT OF PARKS, RECREATION AND BEAUTIFICATION entitled OTHER DEPARTMENTS PROPOSITION NO. 29 THE AMENDMENT OF the Pearland Charter, to REPEAL Article 5, entitled ELECTIONS (as this authority is granted by state law and now addressed in Proposition No. 45) and to substitute in its place a new Article 5, entitled CITY MANAGER, to read as follows: "Section 5.01. Appointment and Qualifications. The city council by a majority vote shall appoint a city manager for an indefinite term and fix the manager's compensation. The city manager shall be appointed solely on the basis of executive and administrative qualifications. The manager need not be a resident of the city or state at the time of appointment but may reside outside the city while in office only with the approval of the council. No member of the city council shall, during the time for which he/she is elected and for two (2) years thereafter, be appointed city manager. Section 5.02. Removal. The city manager may be removed at the will and pleasure of the city council by a resolution approved by four (4) votes. Section 5.03. Acting City Manager. The city manager shall designate a city officer or employee to exercise the powers and perform the duties of city manager during the manager's temporary absence or disability. The city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager returns. AMY'',CHARTER\AMENDS-FIO -- Page 9 Section 5.04. Powers and Duties of the City Manager. The city manager shall be the chief administrative officer of the city, responsible to the council for the administration of all city affairs placed in the manager's charge by or under this charter. The city manager shall: (1) Appoint and, when necessary for the good of the service, suspend or remove all city employees with the exception of those appointed by council. The city manager may authorize any administrative officer subject to the manager's direction and supervision to exercise these powers with respect to sub- ordinates in that officer's department, office or agency; (2) - Direct and supervise the administration of all departments, offices and agencies of the city, except as otherwise provided by this charter or by law; (3) Attend all city council meetings. The city manager shall have the right to take part in discussion but shall not vote; (4) See that all taws, provisions of this charter and acts of the city council, subject to enforcement by the city manager or by officers subject to the manager's direction and supervision, are faithfully executed; (5) Prepare and submit the annual budget and capital program to the city council; (6) Submit to the city council and make available to the public a complete report of the finances and administrative activities of the city as of the end of each fiscal year; (7) Make such other reports as the city council may require concerning the operations of city departments, offices and agencies subject to the city manager's direction and supervision; (8) Keep the city council fully advised as to the financial condition and future needs of the city; (9) Make recommendations to the city council concerning the affairs of the city; (10) Provide staff support services for the mayor and councilmembers; and (1 1) Perform such other duties as are specified in this charter or may be required by the city council." PROPOSITION NO. 30 THE AMENDMENT OF the Peartand Charter, to REPEAL Article 7, entitled MUNICIPAL PLANNING AND ZONING (as this authority is granted by state law and now addressed in Proposition No. 27). PROPOSITION NO. 31 THE AMENDMENT OF the Peartand Charter, to CREATE a new Article 7, entitled "INITIATIVE, REFERENDUM AND RECALL", by RENUMBERING Article 6, entitled LEGISLATION BY THE PEOPLE, RECALL, INITIATIVE AND REFERENDUM, and Sections therein as follows: AM'. CHARTER',AMSNDS. F.G -- Page :0 RENUMBER Section 6.01, entitled GENERAL POWER, as Section 7.01 RENUMBER Section 6.04, entitled FORM OF RECALL PETITION, as Section 7.04 RENUMBER Section 6.09, entitled BALLOTS IN RECALL ELECTION, as Section 7.09 RENUMBER Section 6.11, entitled RECALL, RESTRICTIONS THEREON, as Section 7.11 RENUMBER Section 6.15, entitled VOLUNTARY SUBMISSION OF LEGISLATION BY THE COUNCIL, as Section 7.14 RENUMBER Section 6.16, entitled FORM OF BALLOTS, as Section 7.15 RENUMBER Section 6.18, entitled ADOPTION OF ORDINANCES, as Section 7.17 RENUMBER Section 6.19, entitled INCONSISTENT ORDINANCES, as Section 7.18 RENUMBER Section 6.21, entitled FURTHER REGULATION BY CITY COUNCIL, as Section 7.20 PROPOSITION NO. 32 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.02, entitled SCOPE OF RECALL, as Section 7.02, and to make changes as follows: "Any elected city official, whether elected to office by the qualified voters of the city , shall be subject to recall and removal from office by the qualified voters of the city on grounds of incompetency, misconduct or mal- feasance in office." (underlined portions ADDED; stricken portions DELETED.) PROPOSITION NO. 33 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.03, entitled PETITION FOR RECALL, as Section 7.03, and to make changes as follows: "Before the question of recall of such officers shall be submitted to the qualified voters of the city, a petition demanding such question to be so submitted shall first be filed with the '^ g ity secretary;, whi Said petition shall be signed by qualified voters of the city equal in number to at least thirty (30) per cent percent of the number of votes cast at the last regular municipal election of the city, for the position in question, but in no such event less than one hundred fifty {150) such petitioners. The printed name of each signer must appear on the petition. Each signer of cuch recall petition shall personally sign his/her name thereto in ink and date the petition specifying the day, month and year. The signer must provide his/her voter registration number and county of registration. The signer must also include his/her address including the street name, number and zip code." (underlined portions ADDED; stricken portions DELETED). AMY\CHART&R\ANRND5_F10 -- Page 11 PROPOSITION NO. 34 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.05, entitled VARIOUS PAPERS CONSTITUTING PETITION, as Section 7.05, and to make changes as follows: "The petition may consist of one (1) or more copies, and the several parts of copies of the petition may be filed separately and by different persons; but no signatures to such petition shall remain effective or be counted which were placed thereon more than forty-five (45) days prior to the filing of such petition or petitions with the of city secretary. All papers comprising a recall petition shall be filed with the per -See peFforming ` d f city secretary on the same day, and the said city secretary shall immediately notify, in writing, the officer so sought to be removed by mailing such notice by certified mail to his/her Pearland mailing address." (stricken portions DELETED). PROPOSITION NO. 35 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.06, entitled PRESENTATION OF PETITION TO CITY COUNCIL, as Section 7.06, and to make changes as follows: "Within five (5) days after the date of the filing of the papers constituting the recall petition, the ^""^^ ^^ ^• a f city secretary shall certify such petition or return same to petitioners for correction. After certification, the city secretary shall present such petition to the city council of the City of Pearland at the next regular meeting." (stricken portions DELETED). PROPOSITION NO. 36 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.07, entitled PUBLIC HEARING TO BE HELD, as Section 7.07, and to make changes as follows: "The officer whose removal is sought may, within five (5) days after such recall petition has been presented to the city council, request of the city secretary in writing that a public hearing be held to permit him/her to present facts pertinent to the charges specified in the recall petition. In this event, the city council shall order such public hearing to be held not less than five (5) days nor more than fifteen (15) days after receiving such request for a public hearing." (underlined portion ADDED). PROPOSITION NO. 37 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.08, entitled ELECTION TO BE CALLED, as Section 7.08, and to make changes as follows: .AMY\CHARTER\AMSNDS.F10 -- Page 12 "If the officer whose removal is sought does not resign, then it shall become the ministerial duty of the city council to order an election, and fix a date for holding such recall election, and discharge any other duties imposed upon said council by the provisions of this Charter and state law. The date for the election shall be ordered and held in a timely manner as prescribed by the general election laws of the State of Texas." (underlined portions ADDED; stricken portions DELETED). PROPOSITION NO. 38 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.10, entitled RESULT OF RECALL ELECTION, as Section 7.10, and to make changes as follows: "If a majority of votes cast at a recall election shall be "N0," that is, against the recall of the person named on the ballot, he/she shall continue in office for the remainder of his/her unexpired term, subject to recall as before. If a majority of the votes cast at such election shall be "Yes" "YES " that is for recall of the person named on the ballot, he/she shall, regardless of any technical defects in the recall petition, be deemed removed from office, and the vacancy be filled as vacancies in the city council are filled, as provided in this charter." (underlined portion ADDED). PROPOSITION NO. 39 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 6.12, entitled FAILURE OF CITY COUNCIL TO CALL AN ELECTION (as this subject is now addressed in Proposition No. 37) and amended to comply with state law). PROPOSITION NO. 40 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.13, entitled INITIATIVE, as • Section 7.12, and to make changes as follows: "Qualified voters of the City of Pearland may initiate legislation by submitting a petition addressed to the city council which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the city. Said petition must be signed by qualified voters of the city equal in number to thirty (30) per cent percent of the number cast at the regular last last regular municipal election of the city, or one hundred fifty (150) qualified voters, whichever is greater, and each copy of the petition shall have attached to it a copy of the proposed legislation. The petition shall include such information and be signed as provided in Section 6.03 7.03 of this charter. The petition may consist of one (1) or more notarized copies as permitted in Section 6.05 7.05 of this charter. Such petition shall be filed with the city secretary. Within five (5) days after the filing of such petition, the person performing the duties of city secretary shall certify such petition or return same to petitioners. After certification, the person performing the duties f city secretary shall present said petition and proposed ordinance or resolution to the city council at the next regular meeting. Upon presentation to the city council of the petition and draft of the proposed ordinance or resolution, it shall become the duty of the city council within ten (10) days after receipt thereof, to pass and adopt such ordinance or resolution without alteration as to meaning or effect in the opinion of the persons filing the petition or to call a special election, to be held within thirty (30) days thereafter, at which time the qualified AMY\CRARTER`-,AMENDS Fla -- Page 13 voters of the city ef-Reariond shall vote on the question of adopting or rejecting the proposed legislation. However, if any other municipal election is to be held within sixty (60) days after the filing of the petition, the question may be voted on at such election. No ordinance shall be proposed by an initiative petition which is on the same subject as an ordinance so sub- mitted and defeated at an election held within the preceding twelve (12) months." (underlined portions ADDED; stricken portions DELETED). PROPOSITION NO. 41 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.14, entitled REFERENDUM, as Section 7.13, and to make changes as follows: - "Qualified voters of the City of Pearland may require that any ordinance or resolution, with the exception of ordinances or resolutions levying taxes or issuing tax or revenue bonds, passed by the city council be submitted to the voters of the city for approval or disapproval, by submitting a petition for this purpose within thirty (30) days after final passage of said ordinance or resolution or within thirty (30) days after its publication. Said petition shall be addressed, prepared, signed, and verified as required for petitions initiating legislation, as provided in section 6.13 7.13 of this charter and shall be submitted to the person performing the dutics of city secretary. Immediately upon the filing of such petition, the city secretary shall present said petition to the city council. Thereupon the city council shall immediately reconsider such ordinance or resolution and if it does not entirely repeal the same, shall submit it to popular vote as provided in section 6.13 7.13 of this charter. Pending the holding of such election, such ordinance or resolution shall be suspended from taking effect and shall not later take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof." (underlined portions ADDED; stricken portions DELETED). PROPOSITION NO. 42 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.17, entitled PUBLICATION OF PROPOSED AND REFERRED ORDINANCES, as Section 7.16, and to make changes as follows: "The pars n performing the duties of city secretary shall publish, at least once in a the city's official newspaper the proposed or referred ordinance or resolution within fifteen (15) days before the date of the election and shall give other notices and do such things relative to such elections as are required in general municipal elections or by the ordinance or resolution calling said election." (underlined portion ADDED; stricken portions DELETED). PROPOSITION NO. 43 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 6.20, entitled ORDINANCES PASSED BY POPULAR VOTE, REPEAL OR AMENDMENT, as Section 7.19, and to make changes as follows: AMY'.CHPRTeH ,,r,ENDs. c 10 -- Page 14 "No ordinances or resolutions which may have been passed by the city council upon a petition or adopted by popular vote under the provisions of this article shall be repealed or amended except by the city council in response to a referendum petition or by submission as provided in sectiong 7.15 of this charter." (underlined portion ADDED; stricken portion DELETED). PROPOSITION NO. 44 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 6.22, entitled FRANCHISE ORDINANCES (as this authority is granted by state law and now addressed in Proposition No. 17). PROPOSITION NO. 45 THE AMENDMENT OF the Pearland Charter, to CREATE a new Article 6, entitled "ELECTIONS" to read as follows: "Section 6.01. City Elections. (a) Regular Elections. The regular city election shalt be held at a time established by state law. (b) Qualified Voter Defined. All citizens who reside within the corporate limits of the city and who are legally registered under the constitution and laws of the State of Texas to vote in the city shall be qualified to vote within the meaning of this charter. Ic) Conduct of Elections. The election laws of the State of Texas shall apply to all elections, general and special, held under this charter. All elections provided for by the charter shall be conducted by the election authorities established by law. Candidates shall run for office without party designation. For the conduct of city elections, the city council shall adopt ordinances consistent with the law and this charter, and the election authorities may adopt further regulations consistent with the law and this charter and ordinances of the council. Such ordinances and regulations pertaining to elections shall be publicized in the manner of city ordinances generally." PROPOSITION NO. 46 THE AMENDMENT OF the Pearland Charter, Section 8.01, entitled FISCAL YEAR, to read as follows: "The fiscal year of the city City of P arland shall begin at on the first day of October and chat( end on the last day of September, of each calendar year. Such fiscal year shall constitute the budget and accounting ye''r." (underlined portions ADDED; stricken portions DELETED). P.MY,CHAPT5R',BMHNDS.e10 -- Page 15 PROPOSITION NO. 47 THE AMENDMENT OF the Pearland Charter, Section 8.02, entitled PREPARATION AND SUBMISSION OF BUDGET, to CHANGE the first paragraph to read as follows: "The city manager, between sixty (60) and ninety (90) days prior to the beginning of each fiscal year, shall submit to the council a proposed balanced budget, which budget shall provide a complete financial plan for the fiscal year and shall contain the following:" (underlined portion ADDED; remainder of Section unchanged). PROPOSITION NO. 48 THE AMENDMENT OF the Pearland Charter, to REPEAL the following Sections of Article 8: Section 8.05, entitled BUDGET A PUBLIC RECORD (as this subject is addressed by state law and in Proposition No. 50) Section 8.15, entitled ESTIMATED EXPENDITURES SHALL NOT EXCEED ESTIMATED RESOURCES (as this subject is addressed by state law and in Proposition No. 47) Section 8.08, entitled PROCEEDINGS ON BUDGET AFTER PUBLIC HEARINGS Section 8.09, entitled VOTE REQUIRED FOR ADOPTION and to substitute in its place a new Section 8.05, entitled CITY COUNCIL ACTION ON BUDGET, which addresses the same subject by RENUMBERING current sections with changes noted below and ADDING subsections (c) and (d) as follows: RENUMBER Section 8.06, entitled NOTICE OF PUBLIC HEARING ON BUDGET, as Section 8.05(a) RENUMBER Section 8.07, entitled PUBLIC HEARING OF BUDGET, as Section 8.05(b) and change reference therein from Section 8.06 to Section 8.05(a)• ADD "(c) Amendment Before Adoption. After the public hearing, the city council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for an estimated cash deficit, provided that no,amendment to the budget shall increase the authorized expenditures to an amount greater than total estimated income." ADD "(d) Adoption; Vote Required. The city council shall adopt the budget by a majority vote on or before the fifteenth (15th) day of September of the fiscal year currently ending. If it fails to adopt the budget by this date, the budget proposed by the city manager shall go into effect." PROPOSITION NO. 49 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 8.10, entitled DATE OF FINAL ADOPTION (as this subject is now addressed in Proposition No. 48). AMT,CHARTER\AMENDS_F10 -- Page 16 PROPOSITION NO. 50 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 8.11, entitled EFFECTIVE DATE OF BUDGET; CERTIFICATION; COPIES MADE AVAILABLE, as Section 8.06, and to make changes as follows: "Upon final adoption, the budget shall be in effect for the fiscal year. A copy of the budget, as finally adopted, shall be filed with the per -on performing the duties of city secretary and riAe county clerk of Brazoria and Harris County Counties., and the state The final budget shall be mitweegraphed et etltefwise reproduced, and copies shall be made available for the use of all offices, departments, and agencies and for the use of interested persons and civic organizations. A reasonable cost based on state recommendation will be charged for copies of city budgets to all interested parties." (underlined portions ADDED; stricken portions DELETED) PROPOSITION N0. 51 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.07, entitled APPROPRIATION AND REVENUE ORDINANCES, by RENUMBERING current sections and adding an introductory sentence as follows: "To implement the adopted budget, the city council shall adopt, prior to the beginning of the ensuing fiscal year:" RENUMBER Section 8.12, entitled BUDGET ESTABLISHED APPROPRIATION, as Section 8.07(a) RENUMBER Section 8.13, entitled BUDGET ESTABLISHED AMOUNT TO BE RAISED BY PROPERTY TAX, as Section 8.07(b) RENUMBER Section 8.14, entitled CONTINGENT APPROPRIATION, as Section 8.07(c) PROPOSITION NO. 52 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.08, entitled AMENDMENTS AFTER ADOPTION, by RENUMBERING current Section 8.16 and ADDING subsections (a), (c), (d), and (el, as follows: ADD "(a) Supplemental Appropriations. If during the fiscal year the city manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the city council by ordinance may make supplemental appropriations for the year up to the amount of such excess." RENUMBER Section 8.16, entitled EMERGENCY APPROPRIATIONS, as Section 8.08(b). ADD "(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the city manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager shall report to the city council without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager and recommendations as to any other steps to be taken. AYY'\CHARTHR\,A1q RNDS. P10 -- Page I% The council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce one or more appropriations." ADD "(d) Transfer of Appropriations. At any time during the fiscal year the city council may by resolution transfer part or all of the unencumbered appropriation balance from one department or major organizational unit to the appropriation for other departments or major organizational units. The manager may transfer part or all of any unencumbered appropriation balances among programs within a department or organizational unit and shall report such transfers to the council in writing in a timely manner." ADD "(e) Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be _appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption." PROPOSITION NO. 53 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.09, entitled LAPSE OF APPROPRIATIONS, to read as follows: "Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until expended, revised or repealed. The purpose of any such appropriation shall be deemed abandoned if three years pass without any disbursement from or encumbrance of the appropriation." PROPOSITION NO. 54 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.10, entitled ADMINISTRATION OF THE BUDGET, by ADDING subsection (a), and RENUMBERING current Sections as follows: ADD "(a) Administration of the Budget. The city council shall provide by ordinance the procedures for administering the budget." RENUMBER Section 8.17, entitled PURCHASE PROCEDURE, as Section 8.10(b) RENUMBER Section 8.18, entitled DISBURSEMENT OF FUNDS, as Section 8.10(c) PROPOSITION NO. 55 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.11, entitled CAPITAL PROGRAM, to read as follows: "(a) Submission to City Council. The city manager shall prepare and submit to the city council a five-year capital program no later than the final date for submission of the budget. AMY'..N'.RTER\AMENDS. F10 -- Page 18 (b) Contents. The capital program shall include: (1) A clear general summary of its contents; (2) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each; (3) Cost estimates and recommended time schedules for each improvement or other capital expenditure; (4) Method of financing, upon which each capital expenditure is to be reliant; and (5) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition." PROPOSITION NO. 56 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.12, entitled CITY COUNCIL ACTION ON CAPITAL PROGRAM, to read as follows: "(a) Notice and Hearing. The city council shall publish in one or more newspapers of general circulation in the city the general summary of the capital program and a notice stating: (1) The times and places where copies of the capital program are available for inspection by the public, and (21 The time and place, not less than two weeks after such publication, for a public hearing on the capital program. (b) Adoption. The city council by resolution shall adopt the capital program with or without amendment after the public hearing and on or before the 15th day of September of the current fiscal year." PROPOSITION NO. 57 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 8.13, entitled TAXATION, by RENUMBERING current Sections as follows: RENUMBER Section 8.19, entitled POWER TO TAX, as Section 8.13(a) RENUMBER Section 8.20, entitled PROPERTY SUBJECT TO TAX; RENDITION, APPRAISAL AND ASSESSMENT, as Section 8.13(b) RENUMBER Section 8.21, entitled TAXES, WHEN DUE AND PAYABLE, as Section 8.13(c) AMY\CHARTER\APIENDS F1C -- Page 19 RENUMBER Section 8.22, entitled TAX LIENS, subsection (a), as Section 8.13(d)(1) RENUMBER Section 8.22, entitled TAX LIENS, subsection (b), as Section 8.13(d)(2) PROPOSITION NO. 58 THE AMENDMENT OF the Pearland Charter, Section 8.22, entitled TAX LIENS, to REPEAL subsection (c) (as this authority is granted by state law). PROPOSITION NO. 59 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 8.23, entitled TAX REMISSION AND DISCOUNTS (as this authority is granted by state law and now addressed in Proposition No. 57). PROPOSITION NO. 60 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 8.24, entitled ISSUANCE OF BONDS (as this authority is granted by state law and now addressed in Proposition No. 17). PROPOSITION NO. 61 THE AMENDMENT OF the Pearland Charter, to REPEAL Article 9, entitled FRANCHISES AND PUBLIC UTILITIES (as this subject is now addressed in Proposition No. 17). PROPOSITION NO. 62 THE AMENDMENT OF the Pearland Charter, to CREATE a new Article 9, entitled CHARTER AMENDMENT, by RENUMBERING current sections and making changes as follows: RENUMBER Section 10.13, entitled AMENDING THE CHARTER, as Section 9.01, and change it to read as follows: "Proposal of Amendment. Amendments to this charter may be framed and proposed to the voters of the city: (a) In the manner provided by law, or (b) By report of a charter commission appointed by city council:" RENUMBER Section 10.15, entitled CHARTER REVIEW COMMISSION, with subsection (a), entitled DUTIES OF THE COMMISSION, as Section 9.02, and change it to read as follows: "The city council shall appoint a charter review commission of five citizens of the City of Pearland, who are registered voters, at least once every five (5) years at the regular meeting in January for a term of one (11 calendar year. The Charter Review Commission shall have the authority to: TER\AMEN➢S_F10 -- Page 20 (1) inquire into the operations of the city government under the charter provisions to determine whether any such provisions require revision. To this end public hearings may be held, including a required final public hearing to present the official results of the charter review examination to the citizens of Pearland. Proposed changes and recommendations will be published in the official newspaper. The commission shall have the power to compel the attendance of any officer or employee of the city and to require the submission of any of the city records which it may deem necessary to the conduct of such hearing. (2) propose, if it deems desirable, amendments to this charter to improve the effective application of said charter to current conditions. (3) report its findings and present its proposed amendments, if any, to the city council. Any report of the commission shall be delivered to the city attorney at least thirty (30) days prior to its presentation to the council. Within such time, and no later than ten (10) days prior to its presentation to the council, the city attorney shall advise the commission in writing of any changes in proposed amendments which he/she deems necessary or desirable. A copy of the city attorney's recommendations shall be attached to the report of the commission at the time of its presentation to the council." RENUMBER Section 10.15(b), entitled ACTION BY THE CITY COUNCIL, as Section 9.03 REPEAL Section 10.15(c), entitled TERM OF OFFICE (as this subject is now addressed in proposed Section 9.02 herein) CREATE a new Section 9.04, entitled ADOPTION OF AMENDMENT, to read as follows: "If a majority of the registered voters of the city voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective at the time fixed in the amendment or, if no time is therein fixed, 30 days after its adoption by the voters." PROPOSITION NO. 63 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10.01, entitled OFFICIAL OATH (as this subject is addressed by state law). PROPOSITION NO. 64 THE AMENDMENT OF the Pearland Charter, to RENUMBER the following Sections of Article 10: RENUMBER Section 10.02, entitled PUBLIC RECORDS, as Section 10.01 RENUMBER Section 10.04, entitled NOTICE OF CLAIM, as Section 10.03 RENUMBER Section 10.05, entitled PROVISION RELATING TO ASSIGNMENT, EXECUTION AND GARNISHMENT, as Section 10.04 RENUMBER Section 10.06, entitled CITY NOT REQUIRED TO GIVE SECURITY OR EXECUTE BOND, as Section 10.05 AMY\,CHARTER\:.MENDS.P10 -- Page 21 PROPOSITION NO. 65 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 10.03, entitled OFFICIAL NEWSPAPER, as Section 10.02, and to make changes as follows: "The council shall contract annually with, and by resolution designate, a public newspaper of general circulation as defined by state law in the city as the {.the} official ergaa thereof newspaper, and to continue as such until another is designated, and shall cause to be published therein all ordinances, notices, and other matters required by this charter, by the ordinances of the city, or by the constitution and laws of the State of Texas, to be published." (underlined portions ADDED; stricken portions DELETED). PROPOSITION NO. 66 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 10.06, entitled CONFLICTS OF INTEREST; BOARD OF ETHICS, by ADDING subsection (a) and RENUMBERING current Section 10.07 as follows: "(a) Conflicts of Interest. The use of public office for private gain is prohibited, including but not be limited to: acting in an official capacity on matters in which the official has a private financial interest dearly separate from that of the general public; the acceptance of gifts and other things of value; acting in a private capacity on matters dealt with as a public official; the use of confidential information; and appearances by city officials before other city agencies on behalf of private interests. This ordinance shall provide for reasonable public disclosure of finances by officials with major decision -making authority over monetary expenditures and contractual matters and, insofar as permissible under state law, shall provide for fines and imprisonment for violations." RENUMBER Section 10.07, entitled PERSONAL INTEREST IN CITY CONTRACT, as Section 10.06(b). PROPOSITION NO. 67 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 10.07, entitled PROHIBITIONS, by ADDING subsections (a)(1) through (a)(5) and subsection (b), and RENUMBERING current Section 10.08 as follows: "(a) Activities Prohibited. (1) No person shall be appointed to or removed from, or in any way favored or discriminated against with respect to any city position or appointive city administrative office because of race, gender, age, handicap, religion, country of origin or political affiliation. (2) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the provisions of this charter or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. AMY\CHARTHA\AMENDS. F10 - Page 22 (3) No person who seeks appointment or promotion with respect to any city position or appointive city administrative 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 or her test, appointment, proposed appointment, promotion or proposed promotion. (4) No person shall knowingly or willfully solicit or assist in soliciting any assessment, subscription or contribution for any political party or political purpose to be used in conjunction with any city election from any city employee. (5) No city employee shall knowingly or willfully make, solicit or receive any contribution to the campaign funds of any political party or committee to be used in a city election or to campaign funds to be used in support of or in opposition to any candidate for election to city office or city ballot issue. Further, no city employee shall knowingly or willfully participate in any aspect of any political campaign on behalf of or in opposition to any candidate for city office. This section shall not be construed to limit any person's right to exercise rights as a citizen to express opinions or to cast a vote nor shall it be construed to prohibit any person from active participation in political campaigns at any other level of government." RENUMBERING Section 10.08, entitled NEPOTISM, as Section 10.07(a)(6). "lb) Penalties. Any person convicted of a violation of this section shall be ineligible for a period of five years following such conviction to hold any city office or position and, if an officer or employee of the city, shall immediately forfeit his or her office or position. The city council shall establish by ordinance such further penalties as it may deem appropriate." PROPOSITION NO. 68 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10.09, entitled CONTINUATION OF BUDGET (as this section is no longer applicable). PROPOSITION NO. 69 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 10.09, entitled SAVINGS CLAUSE, to read as follows: "All rights and remedies which have accrued in favor of the city under this charter and amendments thereto shall be and are, preserved for the benefit of the city." PROPOSITION NO. 70 THE AMENDMENT OF the Pearland Charter, to RENUMBER Section 10.10, entitled EFFECT OF CHARTER ON EXISTING LAW, as Section 10.08, and to make changes as follows: "In General. All city codes, ordinances, resolutions, rules, orders and regulations, which are in force ' when this charter becomes fully effective are repealed to the extent that they are inconsistent or interfere with AMY,CEART_EP\,AMENDS . P10 -- Page 23 the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the constitution and laws of the State of Texas and applicable federal laws permit all laws relating to or affecting this city or its agencies officers or employees which are in force when this charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances or resolutions adopted pursuant thereto. All taxes, assessments, liens, encumbrances and demands, of or against the city, fixed or established before such date, or for the fixing or establishing of which proceedings have begun at such date, shall be valid when properly fixed or established either under the law in force at the time of the beginning of such proceedings or under the law after the adoption of this charter." (underlined portions are ADDED; stricken portions are DELETED). PROPOSITION NO. 71 THE AMENDMENT OF the Pearland Charter, to CREATE a new Section 10.10, entitled SEVERABILITY CLAUSE, to read as follows: "If any section or part of a section of this charter is for any reason held invalid, unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof." PROPOSITION NO. 72 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10.11, entitled INTERIM MUNICIPAL GOVERNMENT (as this Section is no longer applicable) and to substitute in its place a new Section 10.11, entitled REPEALER CLAUSE, to read as follows: "All previous charters as amended in conflict herewith are hereby repealed but only to the extent of such conflict." PROPOSITION NO. 73 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10.12, entitled APPLICABILITY OF GENERAL LAWS las this subject is addressed by state law). PROPOSITION NO. 74 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10.14, entitled SEPARABILITY CLAUSE (as this subject is now addressed in Proposition No. 71). - AMY\CHART&R\AMENDS. F10 -- Page 24 PROPOSITION NO. 75 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10.16, entitled SUBMISSION OF CHARTER TO VOTERS (as this subject is no longer applicable). PROPOSITION NO. 76 THE AMENDMENT OF the Pearland Charter, to REPEAL Section 10.17, entitled MEANING OF WORD "CITY" (as this subject is now addressed in Proposition No. 3). PROPOSITION NO. 77 THE AMENDMENT OF the entire Pearland Charter, to CHANGE all Article numbers from Arabic numerals to Roman numerals. AMY\CHRRTER\AMENDS-Pi0 -- Page 25