HOME RULE CHARTER

     CITY OF GRANBURY

* Editor's note–The home rule charter of the City of Granbury, Texas, approved by the voters at an election on January 21, 1989, is printed herein as adopted. Any amendment to the charter is denoted by a history note following the amended provisions. The absence of such a history note indicates the material has not changed since the material was approved on January 21, 1989. Obviously misspelled words have been corrected. Material added for clarification is enclosed in brackets.

   PREAMBLE

We, the citizens of Granbury, Texas dedicated to the principle of local self-government, under law, as interpreted by the light of reason, and administered to secure justice, do invoke the guidance of God in establishing a municipal government, and do hereby ordain and establish this Home Rule Charter in accordance with the statutes of the State of Texas; and do hereby declare the residents of the City of Granbury, in Hood County, Texas, living within the legally established boundaries of the said City, to be a political subdivision of the State of Texas incorporated under the name and style of the “City of Granbury” with such powers, rights and duties as are herein provided.

   ARTICLE 1.

   Section 1.01     Incorporation

The inhabitants of the City of Granbury in Hood County, Texas, within the corporate limits as now established, or hereafter established in the manner prescribed by this Charter, shall be and shall continue to be a municipal body politic and corporate in perpetuity under the name of the “City of Granbury.”

   Section 1.02      Form of Government

The municipal government provided by this Charter shall be known as the “Council-Manager” government. Pursuant to its provisions and subject only to the limitations imposed by the State Constitution, by the statutory laws of Texas, and by this Charter, all powers of the City shall be vested in an elective Council, hereinafter referred to as the “Council,” which shall enact local legislation, adopt budgets, determine policies, appoint the City Attorney, the Judge of the Municipal Court, and the City Manager, who shall execute the laws and administer the government of the city.

   Section 1.03      General Powers of the City

The City of Granbury shall have all powers granted to municipalities by the Constitution and laws of the State of Texas, together with all of the implied powers necessary to carry into execution such granted powers. (Section 1.03 amended by an election held November 6, 2018)

   Section 1.04     Reserved

Editor's note–Former section 1.04, pertaining to streets and public property was deleted and repealed by an election held on November 6, 2018.

   Section 1.05     Reserved

Editor's note–Former section 1.05, pertaining to street development and improvement was deleted and repealed by an election held on November 6, 2018.

   Section 1.06     Boundaries

The boundaries and limits of the City of Granbury, until changed in the manner herein provided, shall be the same as have heretofore been established and exist on the date of the adoption of this Charter, which boundaries are more fully set out in an official boundary map of the City, both of which are now and shall hereafter be in the office of the City Secretary of the City of Granbury. (Section 1.06 amended by an election held November 6, 2018)

   Section 1.07     Annexation and Disannexation

A.     ANNEXATION BY CITY COUNCIL. The council shall have the power by ordinance,  to fix the boundaries of the city and to provide for the alteration or extension of said boundaries, pursuant to any laws of the State of Texas now or hereafter enacted.

[B.     RESERVED.]

C.     DISANNEXATION. The council may, by ordinance, disannex any territory within the corporate boundaries of the city, if the council determines that the territory is not necessary or suitable for city purposes. Decisions on annexation or disannexation require favorable votes by not less than four (4) Members of the City Council.

(Section 1.07 amended by an election held November 7, 2006; amended by an election held November 6, 2018)

   ARTICLE 2. CITY COUNCIL

   Section 2.01      Number, Selection, Term of Office and Compensation

The governing and law-making body of the City of Granbury shall consist of a Mayor and five (5) Councilpersons (collectively referred to as “Members of City Council”) and said body shall be known as the “City Council of the City of Granbury.” The members of the City Council of the City of Granbury shall be the only elective officers of the City and shall run for office by place and be elected from the City at large in the manner provided in Article 3, for a term of three years, Or until their successors are duly elected and qualified. Said Mayor and Councilpersons shall be reimbursed by an expense allowance and by special vouchers for any lawful expenditures made in [on] behalf of the City for expenses incurred in the performance of their duties when approved by the Council[.] (Section 2.01 amended by an election held May 4, 2002; resolution 15-31 at an election held November 3, 2015; amended by an election held November 6, 2018)

   Section 2.02     Prohibiting Holding or Running for Other Office

No person elected to the City Council shall, during the term for which he/she was elected, or for a period of two years from the end of said term, be appointed to any office or position in the service of the City. If a member of the Council, or a member of any Board appointed by the Council, or any officer or employee appointed by the Council who is serving a term of more than two years shall become a candidate for nomination or election to any publicly elected office, other than when seeking re-election to the same position on the City Council, he/she automatically resigns his/her office upon such candidacy. (Section 2.02 amended by election held May 4, 2002; amended by an election held November 6, 2018)

   Section 2.03     Qualifications

Each Member of City Council shall be a citizen of the United States of America and a registered qualified voter of the State of Texas and shall be at least 18 years of age; and shall live within the Corporate Limits of the City of Granbury; shall have resided for at least one (1) year, next preceding the election at which they are candidates, within the Corporate Limits of the City of Granbury, and shall not be disqualified by any reason of any provision of any other section of this Charter; and shall not have been previously convicted of a felony. (Section 2.03 amended by an election held November 6, 2018)

   Section 2.04     Council to be the Judge of the Qualification of Its Own Members

The City Council shall be the judge of the election and qualifications of its Members. (Section 2.04 amended by resolution 15-31 at an election held November 3, 2015; amended by an election held November 6, 2018)

   Section 2.05      Vacancies, Forfeiture of Office and Filling of Vacancies

A.     VACANCIES. The office of a councilmember or Mayor 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 Member of City Council shall forfeit that office if that person[:]

1.     is found guilty of Official Misconduct as described in Section 2.05.C and D;

2.     is convicted of a felony; or

3.     fails to attend three consecutive regular meetings of the Council without being excused by the Council.

C.     In the event an allegation of official misconduct is raised by any Member of City Council or the City Manager, the City Council shall be authorized by a vote of not less than four (4) Members of the City Council to expel such offending member from the Council if found guilty after a public hearing, conducted pursuant to a process adopted by City Council by ordinance, and thereby determine the office forfeited and create a vacancy in the place held by such member.

D.     OFFICIAL MISCONDUCT. Intentional or knowing violation of a Law committed while acting in an official capacity as a City Council Member, intentional violation of this Charter Section 2.11.2, Section 5.05 or Section 12.03.

1.     Law means the constitution or a statute of this state or of the United States, a written opinion of a court of record, or a City of Granbury ordinance.

2.     A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

3.     A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

E.     CONTINUED SERVICE. Upon a vacancy in office occurring, the City Council shall, immediately declare the office to be vacant and shall fill such vacancy as set forth in Subsection F of this Section. Except in the case of death, removal from office or forfeiture of office, a councilmember whose office becomes vacant shall continue to serve until a successor is duly qualified in accordance with state law.

F.     FILLING OF VACANCIES. In the event that a vacancy occurs in any City Council seat, the vacancy must be filled by a special election to be called by the City Council as mandated by state law after the occurrence of the vacancy.

(Section 2.05 amended by election held May 4, 2002; election held November 7, 2006; resolution 11-12 at an election held May 14, 2011; resolution 15-31 at an election held November 3, 2015; amended by an election held November 6, 2018)

   Section 2.06     Powers of the Council

All powers and authority which are expressly or explicitly conferred on or possessed by the City shall be vested in and exercised by the City Council; provided however, that the council shall have no power to exercise those powers which are expressly conferred upon other City officers by this charter.

   Section 2.07     Mayor - Mayor Pro Tem

The Mayor of the City shall preside over the meetings of the City Council and perform such other duties consistent with the office as may be imposed upon him by this Charter and the ordinances and resolutions passed in pursuance hereof. As a member of the Council, the Mayor may participate in the discussion of all matters coming before the Council, and shall be entitled to vote upon all affairs considered by the council. He shall be recognized as the official head of the City by the court for the purpose of serving civil process, by the governor for the purpose of enforcing military law, and for all ceremonial purposes. Perform such other duties during a local disaster as provided for in State law.

The Mayor Pro Tem shall be selected from the five (5) Councilpersons; shall be selected each year at the first regular meeting following the general city election, and shall in the absence or disability of the Mayor perform all the Mayor's duties.

(Section 2.07 amended by an election held November 6, 2018)

   Section 2.08     City Secretary

The City Council shall appoint or remove a City Secretary, by a vote of not less than four (4) Members of the City Council, who shall give notice of the Council meetings; shall keep minutes of its proceedings; shall authenticate by his/her signature and preserve in full all ordinances and resolutions; shall preserve and keep in order all books, papers, records and files of the City Council; shall have custody of the seal of the City and shall affix same to such documents and obligations only of the City as required by the Charter or by the City Council.

The City Council shall also appoint a Deputy City Secretary to serve as City Secretary in the absence or disability of the City Secretary. The City Secretary and Deputy City Secretary shall both be Notaries Public.

(Section 2.08 amended by election held November 7, 2006; resolution 15-31 at an election held November 3, 2015; amended by an election held November 6, 2018)

   Section 2.09     City Attorney

The City Council shall appoint or remove a City Attorney, by a vote of not less than four (4) Members of the City Council, who shall be a competent attorney, duly licensed and admitted to the practice of law by the State of Texas. The City Attorney shall be the legal advisor of the Council and provide legal advice and services as directed by the City Council, or City Manager. The City Attorney, or such other attorneys with the approval of the City Council, shall represent the City in all litigation and legal proceedings. (Section 2.09 amended by election held November 7, 2006; amended by an election held November 6, 2018)

   Section 2.10      Meetings of the Council

The City Council shall hold at least two (2) regular meetings in each month at a time to be fixed by it for such regular meetings, to be designated by ordinance or resolution, which ordinance or resolution shall be published at least one (1) time in a newspaper of the City. The City Council may hold as many additional meetings during the month as may be necessary for the transaction of the business of the City and its citizens. The Mayor and/or the City Manager may call special meetings as needed. (Section 2.10 amended by resolution 11-12 adopted on May 19, 2011, at an election held on May 14, 2011)

   Section 2.11     Rules of Procedure

The City Council shall determine its own rules of procedure. At the first meeting of the City Council following the annual municipal election, the City Council shall adopt their rules of procedure. The Rules of Procedure shall be consistent with the Home Rule Charter and in the event there is any conflict between the Charter and the Rules of Procedure adopted by the City Council, the provisions of the Home Rule Charter shall prevail and be controlling. All meetings of the City Council shall be open to the public, except as provided by State Law, and minutes of all open proceedings shall be kept, to which any citizen may have access at all reasonable times and which shall be taken by ayes and nays made in open meeting by a canvass of the City Council, and the vote of each Councilperson shall be entered upon the minutes, and every ordinance or resolution, upon its final passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the Mayor and the City Secretary. (Section 2.11 amended by election held November 7, 2006; resolution 11-12 at an election held May 14, 2011; amended by an election held November 6, 2018)

   Section 2.11.1     Quorum

Any four (4) Members of the City Council shall constitute a quorum for all meetings for the transaction of all business. When the Membership of City Council is reduced to less than four (4)[,] the remaining Members of the City Council shall constitute a quorum for the purpose of calling a special election. (Section 2.11.1 added by election held November 7, 2006; amended by resolution 15-31 at an election held November 3, 2015; amended by an election held November 6, 2018)

   Section 2.11.2     Conflict of Interest

Each Member of City Council has the responsibility to abstain from voting or participation in the deliberation on any matter in which he/she has a conflict of interest as defined by state law, and such conflict of interest shall be clearly stated by the person for purpose of record. Otherwise, all Member[s] of City Council qualified to vote are required to vote either aye or nay on all proposed ordinances and resolutions. (Section 2.11.2 added by election held November 7, 2006; amended by election held November 6, 2018)

   Section 2.11.3     Validity of Action

No action of the City Council shall be valid or binding unless adopted by the affirmative vote of a majority of the Members of City Council.

The following schedule is provided for purposes of clarity on validity of actions as provided for in this Charter:

Action

Votes Necessary with four (4) Members of City Council Present

Votes Necessary with five (5) Members of City Council Present

Votes Necessary with six (6) Members of City Council Present

Section 2.11.3 - Legislative and Administrative actions other than as provided for herein

3

3

4

Section 1.07 - Votes on annexation or disannexation

4

4

4

Section 2.05 - Vote to expel a Member of the City Council upon finding of official misconduct

4

4

4

Section 2.08 - Votes on the appointment or removal of the City Secretary

4

4

4

Section 2.09 - Votes on the appointment or removal of the City Attorney

4

4

4

Section 4.06 - Votes on the repeal or amendment of an initiated ordinance

4

4

4

Section 5.01 - Votes on the appointment or removal of the City Manager

4

4

4

Section 6.02 - Votes on the appointment or removal of the Presiding and Alternate Magistrate Judges of Municipal Court

4

4

4

Section 7.05 - Votes on the adoption of the City budget.

4

4

4

Section 7.10 - Votes on an amendment to the City Budget

4

4

4

After the Results of the Election on this Measure 21 the City Attorney Shall fill in the chart based on the outcome of the election and the City Council shall approve same for inclusion in the Charter.

(Section 2.11.3 added by an election held November 6, 2018; amended by Ordinance 18-83 adopted 12/18/18)

   Section 2.12     Procedure to Enact Legislation

The City Council shall legislate by ordinance and the enacting clause of every ordinance shall be: “Be it ordained by the City Council of the City of Granbury, Texas.”

During the course of discussion of an agenda item during a City Council meeting, the Mayor or any Council member can postpone the item, unless postponement, by its action, would result in a decision being made by operation of law. The Council will set the date for reconsideration. An agenda item may be postponed as discussed herein only once.

All ordinances enacted by the Council shall be posted in an open meeting for public review at one (1) regular or special Council meeting. All ordinances, unless otherwise provided by law or by the terms of such ordinance, shall take effect in accordance with Article 2, Section 2.13.

All ordinances and/or resolutions proposed for adoption that necessitate the expenditure of city funds shall contain in the presentation the estimated cost of the proposed legislation as well as the proposed method of funding such legislation.

(Section 2.12 amended by election held November 7, 2006)

   Section 2.13     Publication of Ordinances

Except as otherwise provided by law, or by this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for any violation of any of its provisions and of every other ordinance required by law, or this Charter, to the public, by causing the said ordinance, or its caption and penalty, to be published at least one (1) time after final passage thereof in a newspaper of the city. The affidavit of such publication by the publisher of such newspaper, taken before any officer authorized to administer oaths, and filed with the City Secretary shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. Such ordinance shall take effect after the date of final publication.

   Section 2.14     Adoption and Ratification of Existing City Ordinances and Prior City Actions

All ordinances of the City of Granbury adopted prior to the adoption of this Charter and not inconsistent with the provisions of the Charter shall remain in full force and effect until altered, amended, or repealed by the City Council. However, where inconsistencies between existing ordinances and this Charter exist, the requirements of this Charter shall control, but the remainder of the existing ordinance shall remain in effect.

All official actions taken by the City of Granbury, its City Councils or other City officials, and all previous elections, contracts, bonds, warrants and other evidences of indebtedness and any annexations, prior to the adoption of this Home Rule Charter, are hereby adopted, validated, confirmed and ratified.

   Section 2.15      Code of Ordinances

The City Council shall have power to cause the ordinances of the City of Granbury to be printed in code form and shall have the same arranged and digested as often as the Council may deem advisable; however, failure to print the ordinances as herein provided shall not affect the validity of same.

   Section 2.16     Reserved

Editor's note–Former section 2.16, pertaining to incumbents was deleted and repealed by an election held on November 6, 2018.

   ARTICLE 3. ELECTIONS

   Section 3.01      General Elections

The regular City Election shall be held annually as provided by state law, at which time officers will be elected to fill those offices which become vacant that year. The City Council shall fix the hours and place for holding such elections. All candidates for the City Council shall file for one place and shall be elected to that place by obtaining a majority of the votes cast. (Section 3.01 amended by elections held May 4, 2002 and November 7, 2006)

   Section 3.02     Reserved

Editor's note–Former section 3.02, pertaining to special elections was deleted and repealed by an election held on November 6, 2018, which was formerly amended by an election held November 7, 2006.

   Section 3.03     Reserved

Editor's note–Former section 3.03, pertaining to regulation of elections was deleted and repealed by an election held on November 6, 2018, which was formerly amended by an election held November 7, 2006.

   Section 3.04     Reserved

Editor's note–Former section 3.04, pertaining to judge of election was deleted and repealed by an election held on November 6, 2018, which was formerly amended by an election held November 7, 2006.

   Section 3.05     Reserved

Editor's note–Former section 3.05, pertaining to filing for office was deleted and repealed by an election held on November 6, 2018, which was formerly amended by an election held May 4, 2002; amended by an election held November 7, 2006.

   Section 3.06     Reserved

Editor's note–Article 3 “Elections” was amended in its entirety by an election held November 7, 2006, which essentially deleted former section 3.06, pertaining to election runoffs.

   Section 3.07     Reserved

Editor's note–Article 3 “Elections” was amended in its entirety by an election held November 7, 2006, which essentially deleted former section 3.07, pertaining to special elections, which was formerly amended by an election held May 4, 2004.

   ARTICLE 4. INITIATIVE, REFERENDUM AND RECALL

   Section 4.01      Power of Initiative

The people of the City of Granbury reserve the power of direct legislation by initiative, and in the exercise of power, may propose any ordinance not in conflict with this Charter, the State Constitution, or the State Laws, except for the following: any ordinance appropriating money; authorizing the levy of taxes; establishing, raising or lowering utility rates; or any ordinance repealing an ordinance appropriating money, levying taxes, or establishing or changing utility rates. Any initiated ordinance may be submitted to the Council by a petition signed by registered qualified voters of the City of Granbury, equal in number to at least fifteen percent (15%) of the qualified voters registered to vote at the last general city election, or such petition must be signed by 200 registered, qualified voters, whichever is greater. (Section 4.01 amended by an election held November 6, 2018)

   Section 4.02      Power of Referendum

The people reserve the power to approve or reject at the polls any legislation enacted by the Council which is subject to the initiative process under this Charter, except an ordinance which is enacted for the immediate preservation of the public peace, health or safety which contains a statement of its urgency and which is adopted by the favorable votes of the requisite number of Councilpersons required by this Charter to enact emergency legislation. A petition signed by registered qualified voters of the City, equal in number to at least fifteen percent (15%) of the qualified voters registered to vote at the last general city election, or signed by 200 registered qualified voters, whichever is greater, may be filed with the City Secretary requesting that an ordinance be either repealed or submitted to a vote of the people. When such a petition has been certified as sufficient by the City Secretary, the ordinance specified by the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless it is approved by the voters as herein provided. (Section 4.02 amended by an election held November 6, 2018)

   Section 4.03     Form of Petition

Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption. The signatures to the initiative or referendum [petition] need not be all appended to one paper, but each signer shall sign his/her name in ink or indelible pencil and shall add his/her signature, his/her printed name in full, his/her voter registration number, his/her date of birth, his/her place of residence by street and number, and the date of signing. One of the signers of each separate paper petition shall make an affidavit that he/she, and only he/she, personally circulated such petition and that signature(s) appended thereto was (were) made in his/her presence and it is the genuine signature of the person whose name it purports to be, and further that no signature shall have been placed thereon more than one hundred eighty (180) days, or less than forty-five (45) days prior to the filing of such petition. (Section 4.03 amended by election held May 4, 2002)

   Section 4.04     Filing, Examination and Certification of Petition

Within ten (10) days after an initiative or referendum petition is filed, the City Secretary shall determine whether the same is 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 by Section 4.03 of this Article. In examining the petitions, the City Secretary shall write the letters “D.V.” in red ink opposite the names of signers found not qualified to vote. After completing examination of the petition, the City Secretary shall certify the results thereof to the Council at its next regular meeting, stating the number of persons found on the petition who are qualified to vote and the number of persons found on the petition who are not qualified to vote. If the certificate of the City Secretary shall show an initiative or referendum petition to be insufficient, the City Secretary shall notify the person filing the petition, and it may be amended within ten (10) days from the date of such notice by filing a supplementary petition upon additional papers signed and filed as provided for in the original petition. Within ten (10) days after such amendment is filed, the City Secretary shall examine the amended petition and certify as to its sufficiency. If the amended petition is found to be insufficient, the City Secretary shall return the petition to the person filing same, without prejudice to the filing of a new petition for the same purpose; provided however, that upon finding the amended petition to be insufficient, no new petition covering the same subject matter shall be filed until six (6) months shall have elapsed from the date of filing of the original petition.

   Section 4.05      Council Consideration and Submission to Voters

When the Council receives an authorized initiative petition certified by the City Secretary to be sufficient, the Council shall either:

a.     Pass the initiated ordinance without amendment within thirty (30) days after the date of the certification to the Council; or

b.     Submit said initiated ordinance without amendment to a vote of the qualified voters of the City at a regular or special election to be held on the next uniform election date; or

When the Council receives an authorized referendum petition certified by the City Secretary to be sufficient, the Council shall reconsider the referred ordinance, and if upon such reconsideration, such ordinance is not repealed, it shall be submitted to the voters at a regular or special election to be held on the next uniform election date. Special elections on initiated or referred ordinances shall not be held more frequently than once each six (6) months, and no ordinance on the same subject as an initiated ordinance which has been defeated at any election may be initiated by the voters within two (2) years from the date of such election.

(Section 4.05 amended by resolution 15-31 at an election held November 3, 2015; amended by an election held November 6, 2018)

   Section 4.06      Ballot Form and Results of Election

The ballot used in voting upon an initiated or referred ordinance shall state the caption of the ordinance and below the caption shall set forth on separate lines the words: “For the Ordinance,” and “Against the Ordinance.”

Any number of ordinances may be voted upon at the same election in accordance with the provisions of this Article. An ordinance submitted and receiving an affirmative majority of the votes cast, shall thereupon be effective as an ordinance of the City. An ordinance so adopted may be repealed or amended at any time after the expiration of two (2) years by a vote of not less than four (4) Members of the City Council. A referred ordinance which is not approved by a majority of the votes cast shall be deemed thereupon repealed.

(Section 4.06 amended by an election held November 6, 2018)

   Section 4.07      Power of Recall

The people of the City reserve the power to recall any member of the Council and may exercise such power by filing with the City Secretary a petition, signed by registered qualified voters of the City equal in number to at least fifteen percent (15%) of the qualified voters registered to vote at the last general city election, or by 200 registered qualified voters, whichever is greater, demanding the removal of a member of the City Council. The petition shall be signed and verified in the manner required by the form prescribed below. Such petition shall contain a statement of the specific acts of misfeasance and/or malfeasance for which the removal is sought, and one of the signers of each petition paper shall make an affidavit as prescribed below. The following form of petition and acknowledgment is herein prescribed:

     “By our signatures affixed hereto, we hereby affirm that we seek the recall of                , who holds the elected office of                , for the following specific grounds of misfeasance and/or malfeasance as prescribed in Section 4.07 of the Charter of the City of Granbury:

(reasons for recall)

     “And we further affirm that the information given below is true and correct:

Voter Registration Number

 

Printed Name

 

Address

 

Signature

 
 

     STATE OF TEXAS

     COUNTY OF HOOD

     “BEFORE ME, the undersigned authority, personally appeared           ,  who, after being duly sworn by me sated [stated], upon his oath, that he circulated the above Petition; that he was personally present when each of the above signatures were affixed thereto; and that each person whose signature is affixed thereto, affirmed to him that the information provided by them was true and correct.

                                                       

     SWORN TO AND SUBSCRIBED BEFORE ME this the ____ day of __________ , 20____.

 

  
 

Notary Public, State of Texas

 

My Commission Expires

 

(Section 4.07 amended by an election held November 6, 2018)

   Section 4.08      Recall Election

Within fifteen (15) days after the date of the filing of the papers constituting the recall petition, the person performing the duties of City Secretary shall present such petition to the Council. The Officer whose removal is sought may, after such recall petition has been presented to the Council, request in writing to the Council at the next regular meeting a public hearing to be held to permit him to present facts pertinent to the charges specified in the recall petition. In this event, the 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.

If the officer whose removal is sought does not resign, then it shall become the duty of the Council to order an election and fix a date for holding such recall election. The date of such election shall be held at the earliest date as permitted by State Law.

   Section 4.09      Recall Ballot

Ballots used at recall elections shall conform to the following requirements:

a.     With respect to each person whose removal is sought, the question shall be submitted “Shall (Name) be removed from the office of City Council?”

b.     Immediately below each such question there shall be printed the two following propositions, one above the other in the order indicated:

     “For the recall of (Name)”

     “Against the recall of (Name)”

   Section 4.10      Results of a Recall Election

If a majority of the votes cast at a recall election shall be against removal of the individual named on the ballot, he shall continue in office. If a majority of the votes cast at such election be for the removal of the individual named on the ballot, the Council shall immediately declare his office vacant and such vacancy shall be filled in accordance with the provisions of the Charter for the filling of vacancies. An individual thus removed shall not be a candidate to succeed himself in, an election called to fill the vacancy thereby created. (Section 4.10 amended by resolution 15-31 at an election held November 3, 2015)

   Section 4.11      Limitations on Recall

No recall petition shall be filed against any officer of the City within six (6) months after his election, and no officer shall be subjected to more than one (1) recall during a single term of office.

   Section 4.12     Reserved

Editor's note–Former section 4.12, pertaining to failure of city council to call a recall election was deleted and repealed by an election held on November 6, 2018.

   ARTICLE 5. ADMINISTRATIVE ORGANIZATION

   Section 5.01      The City Manager

A.     Appointment. The Council shall appoint a City Manager, by a vote of not less than four (4) Members of the City Council, for an indefinite term, who shall be the chief administrative officer of the City. He shall be chosen by the Council solely on the basis of his executive and administrative training, experience, ability and character, and without regard to political consideration. He need not, when appointed be a resident of the City of Granbury, but during his tenure of office, he shall reside in the City of Granbury. No member of the Council shall, during the term for which elected, be chosen as City Manager. The City Manager shall receive such compensation as may be fixed by the Council.

B.     Removal. The Council may remove the City Manager, by a vote of not less than four (4) Members of the City Council. The action of the Council in suspending or removing the City Manager shall be final, it being the intention of the Charter to vest all authority and fix all responsibility for such suspension in the City Council[.]

(Section 5.01 amended by an election held November 6, 2018)

   Section 5.02      Powers and Duties of the City Manager

The City Manager shall be responsible to the Council for the proper administration of all the affairs of the City. The powers herein conferred upon the City Manager shall include, but shall not be limited to the following:

A.     Appoint and, when necessary for the welfare of the City, remove any officer or employee of the City, except as otherwise provided by the Charter and except as he/she may authorize the head of a department to appoint and remove subordinates in such department;

B.     Prepare and accept, or designate an appropriate department head or City employee to prepare and accept, items for inclusion in the official agenda of all City Council meetings and meetings of all boards and commissions. Any item requested by one or more members of the Council or by the City Manager shall be placed on the agenda;

C.     Prepare and submit to the Council an annual budget and be responsible for its administration after adoption;

D.     Prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and administrative activity of the preceding year;

E.     Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable;

F.     Perform such other duties which may be prescribed by this Charter or required of him/her by the Council, not inconsistent with this Charter;

G.     Either he/she or their designee are to attend all meetings of the Council, and shall be notified of all meetings of the Council;

H.     See that all State Laws and City Ordinances are effectively enforced.[;]

I.     Signing, or designation of appropriate individual to sign contracts.

(Section 5.02 amended by elections held May 4, 2002 and November 7, 2006; amended by election held November 6, 2018)

   Section 5.03     Reserved

Editor's note–Former section 5.03, pertaining to removal of the city manager was deleted and repealed by an election held on November 6, 2018.

   Section 5.04      Investigation by the City Council

The city council shall have power to inquire into the conduct of any office, department, agency, officer or employee of the City and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence, as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed the limits established by State Statute. The City council shall enact an ordinance providing for the enforcement of this Section by the Municipal court.

   Section 5.05      Council Not to Interfere in City Manager's Appointments or Removals

Neither the Council nor any of its members shall direct or request the appointment of any person to or his removal from office by the City Manager or by any of his subordinates. However, the Council, while in session, may consult and advise the City Manager, make inquiry regarding the appointments or removals and may express their opinion in regard thereto. In regard to administrative and executive duties under the City Manager, the Council and its members shall deal solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager, either privately or publicly. Willful violation of the forgoing provisions of the Charter by any member of the Council shall constitute official misconduct, and such misconduct shall be addressed in the manner prescribed in Section 2.05. (Section 5.05 amended by resolution 11-12 adopted on May 19, 2011, at an election held on May 14, 2011)

   Section 5.06      Absence of the 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 to perform the duties of the City Manager in his absence or disability. Such designation shall be subject to prior approval by at least three (3) of the five (5) Council members of the City Council. The Assistant City Manager is authorized to perform the same duties and have the same powers as the City Manager while he is acting in his stead. No member of the Council shall serve as Assistant City Manager. From time to time the City Manager may remove and appoint in his stead another Assistant City Manager, also with the prior approval of the City Council as indicated above. In the event of failure of the City Manager to make such designation, the Council may, by resolution, appoint an officer of the City to perform the duties of the City Manager until he shall return or the disability or illness exceeding thirty (30) days, where his duties could not be performed properly, the Manager's salary may be continued at the discretion of the Council.

   Section 5.07      Administrative Departments

There shall be such administrative departments as are established by this Charter and such other administrative departments as may be deemed necessary by the Council and as are established by ordinance, all of which shall be under the control and direction of the City Manager. The Council may abolish or combine one or more departments created by it and may assign or transfer duties of any departments of the City from one department to another by ordinance.

   Section 5.08      Directors of Departments

At the head of each department there shall be a director who shall be appointed and who may be removed by the City Manager. Such directors shall have supervision and control over their respective departments and may serve as chiefs of divisions within their respective departments. Two or more departments may be headed by the same individual and the City Manager may head one or more departments.

   ARTICLE 6. MUNICIPAL COURT

   Section 6.01      Municipal Court

There shall be a court known as the Municipal Court of the City of Granbury, with such jurisdiction, powers, and duties as are given and prescribed by the laws of the State of Texas.

   Section 6.02      Judges of the Municipal Court

The Municipal Court shall consist of a presiding magistrate and such alternate magistrates as the Council determines necessary, and who shall be known as the judges of the Municipal Court. The Judges, as may be authorized, shall be appointed by the Council, by a vote of not less than four (4) Members of the City Council. The Judge(s) shall receive such compensation as may be set by the Council. The Judge(s) may be removed for cause, after hearing, by a vote of not less than four (4) Members of the City Council. In the event of any vacancy in the office of the Municipal Judge by death, resignation or otherwise, the vacancy shall be filled in the same manner as original appointments.

Whenever the Municipal Judge is temporarily unable to act for any reason, the Mayor is authorized to appoint a qualified person to act in the place and stead of the Municipal Judge, and the appointee shall have all the powers and discharge all the duties of the office, and shall receive the same compensation therefor as is payable to the regular Municipal Judge while he is so acting.

The Judge(s) shall successfully complete all training and education as required by State Law.

(Section 6.02 amended by an election held November 6, 2018)

   Section 6.03     Reserved

Editor's note–Former section 6.03, pertaining to procedure in the municipal court was deleted and repealed by an election held on November 6, 2018.

   ARTICLE 7. FINANCE

   Section 7.01      Fiscal Year

The fiscal year of the City of Granbury shall begin on October 1st of each calendar year and will end on September 30th of the following calendar year. The fiscal year will also be established as the accounting and budget year. The accounts of the City shall be organized and accounted for in accordance with generally accepted accounting principles as applicable to governmental entities. Any unreserved fund equity at the end of any fiscal year shall become resources of the next succeeding fiscal year.

   Section 7.02      Preparation and Submission of Budget

The City Manager, prior to August 1st of each year, shall prepare and submit a proposed budget, covering the next fiscal year, to the Council, which shall contain the following information. In preparing the proposed budget, each employee, officer, board and department shall assist the City Manager by furnishing all necessary information.

a.     The City Manager's budget message shall outline the proposed financial policies for the next year with explanations of any change from previous years in expenditures and any major changes of policy and complete statement regarding the financial conditions of the City;

b.     An estimate of all revenue from taxes and other sources including the present tax structure rates and property evaluation for the ensuing year;

c.     An itemized list of proposed expenses by office, department, agency, project, and type of expenditure for the budget year, as compared to actual expenses of the last ended fiscal year, and the present year-to-date;

d.     A description of all outstanding bond indebtedness, showing amount, purchaser, date of issue, rate of interest, and maturity date, as well as any other indebtedness which the City had incurred and which has not been paid, and the amount required to pay the principal and interest maturing in the budget year;

e.     A statement proposing any capital expenditures deemed necessary for undertaking during the next budget year and recommended provisions for financing;

f.     A Capital Program, which may be revised and extended each year to indicate capital improvements pending or in process of construction or acquisition, and shall include the following items:

1)     A summary of proposed programs;

2)     A list of all capital improvements which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements;

3)     Cost estimates, method of financing and recommended time schedules for each such improvement; and

4)     The estimated annual cost of operating and maintaining the facilities to be constructed or acquired.

g.     Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the City and the proposed method of its disposition; and

h.     The submitted budget shall provide for a budget surplus equal to no less than one percent (1%) of the proposed budget total.

   Section 7.03      Budget - Public Record

The proposed budget and all supporting schedules shall be filed with the City Secretary when submitted to the Council and shall be open to public inspection by anyone interested.

   Section 7.04     Public Hearing on Budget

At the Council meeting at which time the budget is submitted, the Council shall name the date, time and place of a public hearing and shall cause same to be published in a newspaper of the City in accordance with State Law. At this hearing, interested citizens may express their opinions concerning items of expenditure, giving their reasons for wishing the increase or decrease in any items of expense.

   Section 7.05      Proceeding on Adoption of Budget

After public hearing, the Council shall analyze the budget, making any additions or deletions which they feel appropriate, and shall, at least twenty (20) days prior to the beginning of the next fiscal year, adopt the budget by a vote of not less than four (4) Members of the City Council. (Section 7.05 amended by election held November 6, 2018)

Should the Council take no final action on or prior to such day, the budget, as submitted, shall be deemed to have been finally and unanimously adopted by the Council. In any event, no budget shall be adopted or appropriations made unless the total of estimated revenues, income and funds available shall be equal to or in excess of such budget or appropriations, except as otherwise provided in this Article.

   Section 7.06     Budget, Appropriation and Amount to be Raised by Taxation

On final adoption, the budget shall be in effect for the budget year. Final adoption of the budget by the Council shall constitute the official appropriations as proposed expenditures for the current year and shall constitute the basis of the official levy of the property tax as the amount of tax to be assessed and collected for the corresponding tax year. Estimated expenditures will in no case exceed proposed revenue plus cash on hand. Unused appropriations may be transferred to any item required for the same general purpose.

   Section 7.07      Unallocated Reserve Fund

The City Manager may recommend for action by the Council, an unallocated reserve fund to be used for unexpected items of expense which were not contained as original items of expenditures.

   Section 7.08      Administration of Budget

No obligations shall be incurred against any allotment or appropriation except in accordance with the appropriations duly made in the budget unless the City Manager or his designee first certifies that there are sufficient unencumbered funds available to cover the claim or meet the obligation when it comes due and payable. Notwithstanding anything above, there shall be no transfer of budgeted funds or monies from one fund to another without Council approval.

Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal. Such action shall be cause for removal of any officer who knowingly authorized or made such payment or obligation and the officer may be liable to the City for any losses incurred by the City.

(Section 7.08 amended by election held November 7, 2006)

   Section 7.09      Financial Reports

The City Manager shall submit to the Council each month a report of the financial condition of the City by budget item, budget estimate compared to accruals for the preceding month and for the fiscal year-to-date.

   Section 7.10      Budget Amendments and Emergency Appropriations

At any time in any fiscal year, the Council may, pursuant to this Section, make budget amendments to meet a pressing need for public expenditure, for other than regular or recurring requirements, to protect the public health, safety or welfare. Such amendments shall be by ordinance adopted, by a vote of not less than four (4) Members of the City Council, and shall be made only after public notice and upon recommendation of the City Manager. In cases of grave public necessity, in which an emergency expenditure is needed in unusual and unforeseen conditions which could not, by reasonable diligent thought and attention, have been included in the original budget, an amendment to the original budget may be authorized by the Council, without the need for prior public notice, and with the following additional requirements:

a.     That a quorum of the City Council and the Mayor sign a statement that the conditions above stated exist and setting out in brief form the factual basis for their conclusion;

b.     Publish the affidavit in a paper of city-wide publication once in the week immediately following their decision; and

c.     Hold a public hearing to brief the public and answer questions, as primary item of business on the agenda of the next regularly scheduled City Council meeting.

(Section 7.10 amended by election held November 6, 2018)

   Section 7.11      Certification: Copies Made Available

A copy of the budget, as finally adopted, shall be filed with the City Secretary. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be made available for the use of all offices, agencies, and for the use of interested persons and civic organizations.

   Section 7.12      Defect Shall Not Invalidate the Tax Levy

Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate.

   Section 7.13      Independent Audit

At the close of each fiscal year, and at such other times as it may be deemed necessary, the Council shall direct that an independent audit be made of all accounts of the City by a Certified Public Accountant. The Certified Public Accountant shall have no personal interest, directly or indirectly, in the financial affairs of the City or any of its officers. Upon completion of the audit, the summary documents thereof shall be filed in the office of the Municipal Secretary as a public record.

   Section 7.14      Purchase Procedure

The City Council may by ordinance, give the City Manager general authority to contract for expenditure without further approval of the City Council for all budgeted items not exceeding the limits set by the City Council within the ordinance, in accordance with State law.

All contracts for expenditures or purchases involving more than the limits must be expressly approved in advance by the City Council. All contracts or purchases involving more than the limits set by the City Council shall be awarded by the City Council, in accordance with state law.

Emergency contracts as authorized by law and this Charter may be negotiated by the City Council or City Manager if authority is given by the City Council, without competitive bidding, and in accordance with state law. Such emergency shall be declared by the City Manager and approved by the City Council, or may be declared by the City Council.

All City contracts or purchases will be submitted for competitive bids if required by state law, in accordance with state law.

(Section 7.14 amended by election held November 7, 2006)

   Section 7.15     Right to Establish Other Funds

The City shall have the right to establish other funds as deemed necessary to fulfill the needs of the City after holding a public hearing as set forth in Section 7.04.

   Section 7.16     Investments

The City Council shall approve an investment policy for the City of Granbury in accordance with all federal and state laws and regulations and the local government codes.  Investments should be made in such a manner as to protect principal and reports of investments should be made to City Council on a quarterly basis.

   Section 7.17     Reserved

Editor's note–Former section 7.17, pertaining to powers of taxation was deleted and repealed by an election held on November 6, 2018, which was formerly amended by an election held November 7, 2006.

   ARTICLE 8. BONDS, WARRANTS, AND OTHER EVIDENCE OF INDEBTEDNESS

   Section 8.01      Powers to Issue

The City shall have the power to borrow money on the credit of the City in accordance with the Constitution and laws of the State of Texas as the same may be amended from time-to-time, for permanent public improvements or for any other public purpose not now or hereafter prohibited by the Constitution and laws of the State of Texas, including funding economic development programs permitted under the Constitution and laws of the State of Texas. The City shall have the power to issue bonds and other obligations payable from ad valorem taxes levied and collected by the City, revenue bonds, funding and refunding bonds, certificates of obligation, contractual obligations, notes, warrants and any other evidences of indebtedness permitted by the Constitution and laws of the State of Texas as are now authorized or as may hereafter be authorized to be issued by the Constitution and laws of the State of Texas. The City shall have the right to refund any outstanding bonds or obligations by the issuance of refunding bonds in accordance with the provisions permitted by the then applicable laws of the State of Texas.

No bonds, warrants or certificates of indebtedness or any other borrowing or [of] monies shall be made and the City shall not become obligated for same to be used for the operation of the regular administrative and operating budgets of the City of Granbury.

(Section 8.01 amended by an election held November 6, 2018)

   Section 8.02     Reserved

Editor's note–Former section 8.02, pertaining to manner of issuance was deleted and repealed by an election held on November 6, 2018.

   Section 8.03      Sale of Bonds

No bonds issued by the City of Granbury shall be invalid because they are sold for less than par value and accrued interest. The council shall have the right to reject any or all bids. In the event the City shall have received authorization for the issue of bonds but shall not have issued said bonds within five (5) years from the date of voter authorization, such authorization shall become null and void.

   Section 8.03.1     Reserved

Editor's note–Former section 8.03.1, pertaining to debt obligations was deleted and repealed by an election held on November 6, 2018, which was formerly added by an election held November 7, 2006.

   Section 8.04      Interest and Sinking Funds

It shall be the duty of the Council to levy an annual tax sufficient to pay the interest on and provide the necessary sinking fund required by law on all outstanding general obligation bonds of the City. The interest and sinking fund shall be deposited in a separate account and shall not be diverted to or used for any other purpose than to pay the interest and principal on all such bonds issued by the City of Granbury. The sinking fund maintained for the redemption of any debt may be invested in any interest bearing bonds of the United States Government, and/or secured bonds of the State of Texas as may be provided by the laws of this State. The Council may also deposit City monies in any state or national chartered financial institution which is insured by the Federal Government.

   Section 8.05      Revenue Bonds

The City shall have power to borrow money for the purpose of construction, purchasing, improving, extending, or repairing of public utilities, recreational facilities or any other self-liquidating municipal function not now or hereafter prohibited by the general laws of the State, and issue revenue bonds to evidence the special obligation created thereby. Such bonds shall be a charge upon and payable solely from the properties, or interest therein, acquired and the income therefrom, and shall never be a tax obligation of the City. Revenue bonds issued by the City may, within discretion of the City Council, be submitted for approval by a majority of qualified voters, voting at an election held for such purpose. The Council shall have authority to provide for the terms and form of any purchase agreement, contract, mortgage, bond or document desired or necessary for the issuance of revenue bonds, and the acquisition and operation of any property or interest.

   Section 8.06      Execution and Registration of Bonds

All bonds, warrants and certificates of indebtedness shall be signed by the Mayor, countersigned by the City Secretary, and sealed with the seal of the city in the manner provided by general law, and shall be payable at such times and place or places as may be fixed, not more than forty (40) years from their date. It shall be the duty of the Mayor, when such bonds are authorized to be issued, to forward the same to the Attorney General of the State of Texas for approval and for registration by the Comptroller of Public Accounts.

   Section 8.07      Bond Register

The Director of Finance or other officer of the City designated by the City Council shall keep, or cause to be kept, for and on behalf of the City, a complete bond registry and books, showing all bonds, warrants and certificates of indebtedness issued, the date and amount thereof, the rate of interest, maturity, etc., of all bonds or other indebtedness surrendered and other transactions of the Council having reference to the refunding of the indebtedness of said City.

   Section 8.08       Depository

All monies received by any person, department or agency of the City for or in connection with affairs of the City shall be deposited in depositories that meet Federal and State financial requirements. All checks, vouchers, or warrants for the withdrawal of money from such depositories shall be signed by the City Manager or the Deputy City Manager, or by the Mayor in the absence of the City Manager and his deputy. Each check, voucher and warrant shall be countersigned by the City official designated by the city council. Provided that the Council, under such regulations and limitations as it may prescribe, may by ordinance authorize the use of machine-imprinted facsimile signatures of said Mayor, City Manager, or Deputy City Manager on such checks, vouchers, and warrants. Two non-facsimile signatures shall be required for all checks in excess of $5,000.00.

   ARTICLE 9. RESERVED

Editor's note–Former Article 9 pertaining to taxation was deleted by an election held November 7, 2006.

   ARTICLE 10. PLANNING; BOARDS AND COMMISSIONS

   Section 10.01      Boards and Commissions

A.     A person, who is related within the second decree by affinity or within the third degree by consanguinity to any City Councilperson, Mayor, City Manager and/or Department Head may not be appointed to Planning & Zoning Commission, Zoning Board of Adjustment, or Historical Preservation Commission or any position that is to be compensated from public funds. (Consanguinity means blood relation and affinity means relation by marriage.)

(Section 10.01 amended by resolution 11-12 adopted on May 19, 2011, at an election held on May 14, 2011; amended by an election held November 6, 2018)

   Section 10.02      The Planning and Zoning Commission

There shall be established a Planning and Zoning Commission which shall consist of eight (8) citizens from the City of Granbury and such alternate members as the City Council in its discretion shall determine to be appropriate. The members of said Commission shall be appointed by the City Council for a term of two (2) years. The initial appointment of the Planning and Zoning Commission members by the Council shall designate which members shall serve two (2) years and which members shall serve one (1) year, and on each succeeding year thereafter, the Council shall select replacements for the Planning and Zoning Commission members whose terms have expired. The Commission shall elect a chairman and a vice-chairman from among its members and shall meet not less than once each month. Said Chairman shall not vote except in the case of a tie. Vacancies and unexpired terms shall be appointed by the Council for the remainder of the term. A majority of the members shall constitute a quorum, and the affirmative majority vote of the quorum shall be necessary for the passage of any recommendation to the City Council. Members of the Commission may be removed by the Council.

The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation.

Each candidate for an appointment as a member of the Planning and Zoning Commission shall meet the following requirements:

a.     Shall be a registered voter of the City.

b.     Shall have resided for at least twelve (12) months preceding his appointment within the corporate limits of the City, including territory annexed prior to his appointment.

In addition to any other qualifications prescribed by law, each member of the Planning and Zoning commission shall continue to meet the conditions of Section 10.02 while in office, and shall reside within the City while in office.

(Section 10.02 amended by an election held November 6, 2018)

   Section 10.03     Reserved

Editor's note–Former section 10.03, pertaining to planning and zoning commission powers and duties was deleted and repealed by an election held on November 6, 2018.

   Section 10.04      The Master Plan

A Master Plan for the physical development of the City of Granbury shall be adopted by the City Council and it shall contain recommendations for growth, development and beautification of the City.

The City Council shall have the authority to amend the Master Plan in whole or in part after one public hearing on the proposed action.

   Section 10.05      Legal Effect of the Master Plan

Upon the adoption of a Master Plan by the City Council, no subdivision, street, park or any public way, ground or space, public building or structure, or public utility, whether publicly or privately owned, which is in conflict with the Master Plan shall be constructed or authorized by the City until and unless the location and extent thereof shall have been submitted to and approved by the City council. The widening, narrowing, relocating, vacating, or change in the use of any street, alley, or public way, or ground or the sale of any public building or real property shall be submitted for approval by the City Council.

   ARTICLE 11. FRANCHISES AND PUBLIC UTILITIES

   Section 11.01      General Powers Respecting Utilities

Except as otherwise provided for by law, the City of Granbury may license, regulate, fix the rates, control and supervise public utilities of all kinds. In addition to such public utilities as it may now own, the City of Granbury may own, acquire, construct, maintain and operate any other public utility that may be approved by a majority of the qualified voters of the City voting therefor at an election held for such purpose; and shall have power for the purpose of operating and maintaining any such utility, and for distributing such service throughout the City and any portion thereof, but in such condemnation proceedings, no allowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the City. (Section 11.01 amended by an election held November 6, 2018)

   Section 11.02     Rates

The City shall have the power, subject to limitations imposed by State Law and this Charter, to fix and, from time to time, revise such rates and charges as it may deem advisable for supplying such utility services as the City may provide. The utilities shall provide no free services; the rates and charges for services to city departments and city entities shall be at the cost to produce; all other customers, including other public agencies, shall be charged the rates set by the Council from time to time. The rates and charges for services to consumers outside the corporate limits of the City may be greater but shall not be less than the rates and charges for similar service to consumers within the corporate limits of the City. (Section 11.02 amended by election held November 7, 2006)

   Section 11.03     Reserved

Editor's note–Former Section 11.03 pertaining to the disposal of utility property was deleted by an election held November 7, 2006.

   Section 11.04     Reserved

Editor's note–Former Section 11.04 pertaining to the municipal utilities advisory board was deleted by Resolution 15-31 at an election held November 3, 2015. Prior to the deletion, this section derived from elections held May 4, 2002 and May 14, 2011.

   Section 11.05     Reserved

Editor's note–Former Section 11.05 pertaining to the powers and duties of the municipal utilities advisory board was deleted by Resolution 15-31 at an election held November 3, 2015.

   Section 11.06      Powers of the City

In addition to the City's power to buy, own, construct, maintain and operate utilities within or without the City Limits, and to manufacture and distribute electricity, gas or anything else that may be needed or used by the public, the City shall have further power as may now or hereafter be granted under the Constitution and laws of the State of Texas.

   Section 11.07      Inalienability of Control of Public Property

The right of control and use of the public streets, highways, sidewalks, alleys, parks, public squares and public places of the City is hereby declared to be inalienable by the City, except by ordinances, not in conflict with the provisions of this Charter. No act or omission by the Council or any officer or agent of the City shall be construed to grant, renew, extend or amend, expressly or by estoppel or implication any right, franchise or easement affecting said public streets, highways, sidewalks, alleys, parks, public squares, public places and other real property, except as provided in the Charter.

   Section 11.08      Ordinance Granting Franchises

All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at two separate regular meetings of the Council and shall not be passed until thirty (30) days after its final reading; and pending such time, the full text of such ordinance shall be published once each week for two (2) consecutive weeks in a newspaper of the City of Granbury and the expense of such publication shall be borne by the proponent of the franchise. The granting of Public Utility franchises by the City Council shall be governed by the following regulations:

A.     No exclusive franchise or privilege shall ever be granted;

B.     No determinate of fixed term franchise shall ever be granted for a longer term than twenty (20) years.

C.     Within five (5) years prior to the date of expiration of any fixed term franchise, the City Council may grant a new franchise to commence upon the expiration of the franchise in question, or grant a new franchise if the existing franchise is released;

D.     All holders of franchises for pubic [public] services from the City, their successors or assigns, as compensation for the right or privilege of such franchise enjoyed, shall pay to the City a percentage of gross receipts, established by the City Council, of the business activities by the franchise holder rendered in the City. Such sum shall be exclusive of, and in addition to, all special assessments and taxes of whatever nature, including ad valorem taxes upon the value of the franchise and other property of the franchise holder. The sum due hereunder shall be due and payable in accordance with the specific ordinance.

(Section 11.08 amended by an election held November 6, 2018)

   Section 11.09      Transfer of Franchise

No public utility franchise shall be transferable except to persons, firms, or corporations taking all or substantially all of the holder's business in the City of Granbury and except with the approval of the Council expressed by ordinance. All liabilities to the City of Granbury shall be paid in full at the time of transfer.

   Section 11.10      Franchise Value Not to be Allowed

In fixing reasonable rates and charges for utility service within the City and determining the just compensation to be paid by the City for public utility property which the City may acquire by condemnation or otherwise, nothing shall be included as the value of any franchise granted by the City under this Charter.

   Section 11.11      Regulation of Rates

The Council shall have full power after notices and hearing to regulate by ordinance the rates, charges and fares of every public utility franchise holder operating in the city, except as otherwise provided by State Law, provided that no such ordinance shall be passed as an emergency measure. Every franchise holder who shall request an increase in rate, charges, or fares, shall have, at the hearing of the Council called to consider such request, the burden of establishing by clear[,] competent and convincing evidence, the value of its investments property allocable to service in the City, and the amount and character of its expenses and revenues connected with the rendering of such service. In connection with the City Council's power to regulate rates and service, Articles 1119 through 1124A, both articles inclusive, of the 1925 Revised Civil, Statutes of the State of Texas as now or hereafter amended are hereby adopted as a part of this Charter. No public utility franchise holder shall institute any legal action to contest any rate, charge or fare fixed by the Council, until such franchise holder has filed a motion of rehearing with the Council, specifically setting out each ground of its complaint against the rate, charge or rate fixed by the Council, and until the Council shall have acted upon such motion. Such motion shall be deemed overruled unless acted upon by the Council within a reasonable time, not to exceed ninety (90) days from the filing of such motion for rehearing; provided that the council may by resolution extend such time limit for acting on said motion for rehearing from ninety (90) days to one hundred eighty (180) days.

   Section 11.12      Consent of Property Owners

The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in the Charter or in any franchise granted thereunder shall ever be construed to deprive any such property owners of any right of action for damage or injury to his property as now or hereafter provided by law.

   Section 11.13      Extensions

All extensions of public utilities within the City Limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereinbefore made. The right to use and maintain any extensions shall terminate with the original grant. In case of an extension of public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant.

   Section 11.14      Temporary Permits

Permits unconditionally revocable at the will of the governing body for minor or temporary privileges in the streets, public ways, and public places of the City may be granted and revoked by ordinances from time to time, and such permits shall not be deemed franchises as the term is used in this Charter.

   Section 11.15      Other Conditions

All franchises heretofore granted are recognized as contracts between the City of Granbury and the grantee, and contractual rights as contained in any such franchises shall not be impaired by the provisions of this Charter, except that the power of the City of Granbury to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved and except the general powers of the City heretofore existing and herein provided for to regulate the rates and services of a utility, which shall include the right to require adequate and reasonable extension of plant and service and the maintenance of the plant fixtures at the standard necessary to render the highest reasonable quality of utility service to the public. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this Article whether or not such terms are specifically mentioned in the franchises. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of the Council or the electors of the City in imposing terms and conditions as may be reasonable in connection with any franchise grant, including the right to require such compensation or rental as may be permitted by the laws of the State of Texas. (Section 11.15 amended by election held November 7, 2006)

   Section 11.16      Franchise Records

Within six months after this Charter takes effect, every public utility and every owner of public utility franchises and any other franchise, shall file with the City, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the City of Granbury. The City shall compile and maintain a public record of public utility franchises.

   Section 11.17      Accounts of Municipally Owned Utilities

Accounts shall be kept for each public utility owned or operated by the City, in such manner as to show the true and complete financial results of such City ownership and operation, including all assets, appropriately subdivided into different classes, all liability subdivided by classes, depreciation reserve,  other reserves, and surplus; also revenues; operating expenses including depreciation, interest payments, rental, and other disposition of annual income. The accounts shall show the actual capital cost to the City of each public utility owned, also the cost of all extensions, additions, and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished or rendered by any such utility to any other City or governmental department. The Council shall annually cause to be made by a certified public accountant, and shall publish, a report showing the financial condition of said public utility, and the financial results of such City ownership and operation, giving the information specified in this section and such additional data as the Council shall deem expedient.  Said report shall be prepared in conjunction with the annual audit required in Section 7.13.

   ARTICLE 12 .GENERAL PROVISIONS

   Section 12.01      Public Records of the City

The City shall comply with the requirements of the Texas Public Information Act. (Section 12.01 amended by an election held November 6, 2018)

   Section 12.02      Personal Interest in City Contracts

For purposes of this Section the term “City Official” means any individual subject to the requirements of Texas Local Government Code, Chapter 171.

It is hereby prohibited for Members of City Council or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171.

(Section 12.02 amended by election held November 6, 2018)

   Section 12.03      Reserved

Editor's note–Former section 12.03, pertaining to officers not to be interested in franchises; forfeiture of office was deleted and repealed by an election held on November 6, 2018.

   Section 12.04      Mechanic, Material or Labor Claim

The City shall comply with all applicable laws regarding the performance and payment bonds in the construction of public works projects. (Section 12.04 amended by election held November 6, 2018)

   Section 12.05      Notice of Claim

The City of Granbury shall not be held responsible on account of any claim for damages to any person unless the City has actual notice of the claim or the person making such complaint or claiming such damages shall, within sixty (60) days after the time at which it is claimed such damages were inflicted upon such person, file with the City Secretary, a true statement under oath, as to the nature and character of such damages or injuries, the extent of the same, and the place where same happened, the circumstances under which same happened, the conditions causing same, with a detailed statement of each item of damages and the amount thereof, and if it be for personal injuries, giving a list of the witnesses, if any known to affiants, who witnessed such accident. (Section 12.05 amended by an election held November 6, 2018)

   Section 12.06     Assignment, Execution and Garnishment

The property, real and personal, belonging to said City shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to said City, in the hands of any person, be liable to garnishment on account of any debt the City may owe or funds the City may have on hand due any person, nor shall any of its officers or agents be required to answer any writ of garnishment of any account whatsoever, nor shall said City be liable to the assignee of any wages of any officer, agent, or employee of said City, whether earned or unearned, upon any claim or account whatsoever, and any such attempted assignment shall be absolutely void as to the City.

   Section 12.07     Reserved

Editor's note–Former section 12.03, pertaining to bond of contractors was deleted and repealed by an election held on November 6, 2018.

   Section 12.08     Reserved

Editor's note–Former section 12.08, pertaining to condemnation of dangerous structures was deleted and repealed by an election held on November 6, 2018.

   Section 12.09     Reserved

Editor's note–Former section 12.09, pertaining to building permits was deleted and repealed by an election held on November 6, 2018.

   Section 12.10     Reserved

Editor's note–Former section 12.10, pertaining to pools, ponds, lakes and drilling operations was deleted and repealed by an election held on November 6, 2018.

   Section 12.11     Bonds for City Employees

The 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 council and the cost thereof shall be borne by the City.

   Section 12.12     Reserved

Editor's note–Former section 12.12, pertaining to amendment of the charter was deleted and repealed by an election held on November 6, 2018.

   Section 12.13     Severability Clause

If any Section or part of a Section of this Charter is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not invalidate or impair the validity, force or effect of any other Section or part of a Section of this Charter.

   Section 12.14     Construction of the Charter

In the wording of the Charter, the use of the singular number shall include the plural, and the plural shall include the singular. Words used in the masculine gender shall include the feminine also unless by reasonable construction, it appears that such was not the intention of this Charter.

   Section 12.15     Construction of Power

This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed as a general grant of power and as a limitation of power on the government of the City of Granbury in the same manner as the Constitution of Texas is construed as a limitation on the powers of the Legislature. Except where expressly prohibited by this charter, each and every power under Article XI, Section 5, of the Constitution of Texas, which it would be competent for the people of the City of Granbury to grant expressly to the City, shall be construed to be granted to the City by the Charter.

   Section 12.16     Effective Date of Charter

This Charter, if adopted, shall become effective from and after the votes cast at the election at which it is submitted to the voters shall have been counted and the result of said election declared and an order or ordinance shall have been entered upon the records of the City Council declaring it adopted.

   Section 12.17     Rearrangement and Renumbering

The Council shall have the power, by ordinance, to renumber and rearrange all Articles, Sections, and paragraphs of the Charter or any amendments thereto, as it shall deem appropriate, and upon the passage of any such ordinance, a copy thereof, certified by the City Secretary, shall be forwarded to the Secretary of State for filing.

   Section 12.18     Damages

No member of the City Council shall be liable for damages arising from actions taken while in the performance of his official duties.

   Section 12.19     Power to Settle Claims

The Council shall have the authority to compromise and settle any and all claims and lawsuits of every kind and character in favor of or against the City, except suits by the City to recover delinquent taxes.

   Section 12.20     Charter Review Commission

The Council shall appoint at its first regular meeting of 1990 and not later than every fourth year thereafter, a Charter commission of seven (7) citizens of the City of Granbury.

A.     Duties of the Commission:

1.     Inquire into the operation of the City Government under the Charter provisions and determine whether any such provisions require revision. To this end public hearings may be held; and the commission shall have the power to compel the attendance of any officer or employee of the City and require the submission of any of the City records which it may deem necessary to the conduct of such hearing;

2.     Propose any recommendations it may deem desirable to insure compliance with the provisions of the Charter by the several departments of the City government;

3.     Propose, if it deems desirable, amendments to this Charter to improve the effective application of the Charter to current conditions; and

4.     Report its findings and present its proposed amendments, if any, to the Council. Prior to submitting proposed amendments to the Council, however, the Review Commission shall have such proposed amendments reviewed by the City Attorney to ensure compliance with State law. (Section 12.20A.4., formerly Section 12.21A.4., amended by election held May 4, 2002)

B.     Term of Office: The term of office of such Charter Review commission shall be six (6) months, or sooner if a report is presented to the City Council prior to said term of office. If during such six (6) month term no report is presented to the City Council, then the records of the proceedings of such Commission shall be filed with the person performing the duties of the City Secretary and shall become a public record.

C.     Action by the Council: The Council shall receive any report presented by the Charter Review Commission. The Council shall consider any recommended Charter amendments made and may accept, amend, or decline to accept the recommendations. If the Council accepts or amends the recommendations of the Charter Review Commission, the Council shall order the recommended Charter amendments, as accepted or amended, to be submitted to the voters of the City in the manner provided by state law. (Section 12.20C., formerly Section 12.21C., amended by election held May 4, 2002)

   Section 12.[21]     Government Reformation

In case of a situation when a legal quorum of the City Council cannot otherwise be assembled due to multiple deaths or injuries, the surviving persons of the City Council, or highest surviving City official, if no elected official remains, and the highest surviving officers of the Hood County Commissioners Court shall, within sixty (60) days of such disaster, appoint a number of residents of the City equal to the number necessary to make a quorum to act during the emergency as the City Council. The newly appointed City Council shall call a City election within 15 days of their appointment, or as provided in the Texas Election Code, for election of the vacant offices, if for good reasons it is known a quorum of the present City Council will never again meet. If it is determined that a quorum of the present City Council will meet again, the appointed Council Members shall serve in their position until such time as the present Council Members may begin serving. (Section 12.21 added by election held November 6, 2018)