HOME RULE CHARTER OF  THE CITY OF LANCASTER, TEXAS  AMENDMENT APPROVED: BY' THE' VOTERS: NOVEMBER 7,2006  Originally Adopted: May5,1956    TABLE OF CONTENTS  PREAMBLE. ARTICLEI I.  FORM OF GOVERNMENT AND BOUNDARIES. SECTION1.01. FORM OF GOVERNMENT. SECTION1.02: THE BOUNDARIES. SECTION1.03. EXTENSION OF BOUNDARIES.  ARTICLE II.  POWERS OF THE CITY. SECTION2.01 GENERAL POWERS OF THE CITY. SECTION2.02 GENERAL SECTION2.03 PUBLIC MPROVEMENTS. SECTION2.04 REAL. ESTATE.. SECTION2.05 STREETPOWERS.  2 2 Z 3  SECTION2.06 STREET/MPROVEMENESAMDASESMENES THEREFORE. SECTION2.07 REGULATION OF VEHICLES USED FOR HIRE. SECTION2.08 REGULATION OFI PUBLIC UTILITIES. SECTION2.09 MUNICIPAL OWNED. PUBLIC UTILITIES. SECTION2.10 TRANSPORTATION. SECTION2.11 PARKS.. SECTION2.12 UNDERGROUNDCONSTRUCTION. SECTION2.13 FIRES. SECTION2.14 HEALTH. SECTION2.15 POLICE DEPARTMENT. SECTION2.17 CONTRACTS. SECTION2.18 ALCOHOLIC BEVERAGES. SECTION2.19 MISCELLANEOUS. POWERS..  4 4  SECTION2.16 POWERTOCOMPROMIS: AND SETTLECLAIMSAMSANDLAWSUITS.  6 6 7 7 7  ARTICLE. III. THE CITY COUNCIL.  SECTION3.01 MAYORANDCImYCOUNCILMEMBERS. SECTION3.02 uncosorccoct  SECTION3.03 COMPENSATION. AND ELECTED; OFFICIAL BALLOT..  SECTION3.04 MAYORAND THE CITY COUNCILMEMBER; QUALIFICATIONS; Howi NOMINATED  SECTION3.05 MAYOR, MAYORPRO-TEMAND DEPUTY MAYOR PRO-TEM.. SECTION3.06 VACANCIES, FORFEITURE. AND FLLINGOFVACANCIE, SECTION3.07 DUTIESAND. POWERS OF THE CITY COUNCIL. SECTION3.08 LIMITATIONS OFAUTHORITY.  10    SECTION3.09 INVESTIGATIONS. BYTHE CITY COUNCIL.. SECTION3.10 MEETINGS OF THE CITY COUNCIL. SECTION3.11 DISASTER CLAUSE. SECTION3.12 CONFLICT OF INTEREST. SECTION3.13 ABSTENTION. SECTION3.14 RULESC OF PROCEDURE. SECTION3.15 PASSAGEOF ORDMANCESINGENERAL SECTION3.16. EMERGENCTORDMANCH. SECTION3.19 BOARDS AND COMMISSIONS. SECTION3.20 ORDINANCES. NOWI IN EFFECT..  10 11 11 12 12 12 12 13 14 14 14 14 15 15 15 15 15 15 16 16 16 16 17 17 17 18 18 18 19 19 19 19 20 20 20 20 20 20 21  SECTION3.17 AUTHENTICATION, RECORDING, CODIFICATION, PRINTING. AND. DISTRIBUTION..13  SECTION3.18 BOND..  SECTION3.21 ORDINANCES; PLEADINGSOF/ AND ADMISSIBILITYAS. EVIDENCE.  ARTICLE IV. CITY MANAGER SECTION4.01 CITYMANAGER SECTION4.02 COMPENSATION. SECTION4.05 OFFICIAL BOND.  SECTION4.03 QUAURCATIONSOFCm, MANAGER. SECTION4.04 POWERS. AND DUTIES OF CITY MANAGER  ARTICLE V. OTHER OFFICERS.  SECTION5.01 CITY SECRETARY.. SECTION5.02 CITY TREASURER. SECTION5.04 CITYATTORNEY.  SECTION5.03 MUNICIPAL COURT, CREATIONANDJURISDICTION; FINES.  ARTICLE VI. FINANCE.  SECTION6.01 POWERS OF TAXATION. SECTION6.02 PAYMENTOFTAXES. SECTION6.03 DELINQUENTTAXES. SECTION6.04 TAXLIENAND. LIABILITY. SECTION6.05 BUDGET. SECTION6.08 DEPOSITORY. ARTICLE VII. RECALL.  SECTION6.06 AUDITA AND. EXAMINATIONOFTHE CITY BOOKSANDACCOUNTS,  SECTION6.07 EMERGENCY MEASURES DEFINED..  SECTION7.01 SCOPE OF RECALL. SECTION 7.02 PETITIONS FOR RECALL    SECTION7.03 FORMOF RECALL PETITION.. SECTION7.04 VARIOUS PAPERS CONSTITUTING, PETITION.. SECTION7.05 PRESENTATIONOFI PETITION TO1 THE COUNCIL. SECTION7.06 PUBLICHEARING TOL BE HELD. SECTION 7.07 ELECTONTOBECALED SECTION 7.08 BALLOTS IN RECALL. ELECTION. SECTION 7.09 RESULTOF RECALL ELECTION. SECTION7.10 MULTIPLE. RECALISALLOWED, AT, SAME. ELECTION. SECTION7.11 RECALL, RESTRICTIONS THEREON. SECTION7.12 FAILURE OFTHE COUNCIL TO CALL AN ELECTION.. SECTION7.13 GENERAL POWER OF INITIATIVE AND. REFERENDUM.  22 22 23 23 23 23 23 24 24 24 24 24 26 26 26 26 26 27 27 27 27 27 27 27 27 28 28 28 28 28 28 28 28 29 29 29 29 30 30  SECTION7.14 INITIATIVE.  SECTION7.15 SUSPENSION OF ORDINANCES OR RESOLUTIONS WHILE SUBJECTTO. REFERENDUM SECTION7.16 YOLLNTARYSUBMISION. OF LEGISLATION. BY THE CITYCOUNCIL SECTION7.18 PUBLICATION OF PROPOSED. AND. REFERRED ORDINANCES.  SECTION7.17 FORMOF. BALLOTS. SECTION7.19 ADOPTONOFORDIMANCES SECTION7.20 INCONSISTENT ORDINANCES SECTION7.23 FRANCHISE ORDINANCES.  SECTION7.21 ORDINANCES. PASSED. BY POPULAR VOTE, REPEAL OR AMENDMENT. SECTION7.24. FAILURE OFTHE CITY COUNCIL TO CALLANI ELECTON-NTATVEOR  SECTION7.22 FURTHER. REGULATIONS, BYTHE CITY COUNCIL.  REFERENDUM. ARTICLE VIII..  BONDS, WARRANTS AND OTHER EVIDENCE OF INDEBTEDNESS.  SECTION8.01 RIGHTTO ISSUE BONDS, ETC.. SECTION8.02 GENERAL LAWS OF TEXAS.  ARTICLE IX.  GENERAL PROVISIONS. SECTION9.01 QUALIFIED VOTER.. SECTION9.02 JURORS. SECTION9.03 NEPOTISM. SECTION9.04 PUBLICACT. SECTION9.05 AMENDMENTS  SECTION9.06 EFFECTOFANY. PROVISIONS. HEREOF BEING. DECLARED INVALID  ARTICLEX.  FRANCHISES AND SPECIAL PRIVILEGES. SECTION10.02 OBLIGATIONS OF FRANCHISEE. SECTION10.03. ExCLUSIVITY, PROHIBITED  SECTION10.04. FORMS, METHODOFACCOLMTING, PRESCRIBED.    ARTICLE XI. MISCELLANEOUS  30 30 30 30 30 30 31 31 32 32 32 32 32 32 32 32  SECTIONI1.01 ACQUISTIONOFPAOPERT. SECTION11.02 PUBLICPROPERTY, EXEMPTFOR EXECUTION. SECTIONI1.03 CITY FUNDS NOTSUBJECTTO GARNISHMENT. SECTIONI1.04 LMABLITFORMECLCENCE SECTIONI1.05 CITYNOT REQUIRED TOGIVE BOND. SECTIONIL.06 RIGHT OF EMINENT DOMAIN..  ARTICLE XII. CONSTRUCTION.  SECTION12.01 INTERPRETATION. SECTION12.02 USE OF WORDS.  SECTION1203CODIFICATIONAND ORGANIZATION.  ARTICLE XIII.  HISTORICAL PROVISION: VOTE ON PROPOSED CHARTER    HOME RULE CHARTER THE CITY OF LANCASTER, TEXAS  FOR  PREAMBLE  We, the citizens of Lancaster, Texas, in order to establish a Home Rule municipal government, provide for the future progress of our City and obtain more fully the benefits of local self-government, and provide for the public welfare, hereby adopt this Home Rule Charter, in accordance with the statutes of the State of Texas; and do hereby declare the residents of the City of Lancaster, in Dallas County, Texas, living within the legally established boundaries of the said City, to be a political subdivision of the State of Texas, incorporated forever under the name and style of the "City of Lancaster" with such powers, rights, privileges, authorities, duties  and immunities, as are herein provided.  ARTICLEI  Form of Government and Boundaries  SECTIONI.01 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, the statutes oft this State, and by this Charter, all powers of the City shall be vested in an elective Council, hereinafter referred to as the "City Council", which shall enact local legislation, adopt budgets, determine policies, and appoint the City Manager and such other officers as expressly provided herein. The City Manager shall be responsible to the City Council for the execution of the laws and the administration oft the government of the City. All powers of the City shall be exercised in the manner prescribed by this Charter, or if the manner not be prescribed, then in such manner as may be prescribed by resolution, ordinance, the State  Constitution or by the statutes of the State ofTexas.  SECTION1.02: The Boundaries  The citizens of the City, Dallas County, Texas, residing within its corporate limits, as heretofore or hereafter established, are hereby constituted and shall continue to be a municipal body politic and corporate, in perpetuity, under the name of the "City of Lancaster" with such powers, privileges, rights, duties, authorities, and immunities, as are herein provided.  SECTION. 1.03 Extension of Boundaries  The boundaries of the City may be enlarged and extended by the annexation ofa additional  territory, irrespective of size and configuration, by the method hereinafter set forth:  1    (A) The City Council shall have the power by ordinance to fix the boundary limits of the City and to provide for the alteration and extension of said boundary limits, and the annexation of additional territory lying adjacent to the City, in any manner provided by law. (B) When any additional territory has been sO annexed, same shall be a part of the City and the property situated therein shail bear taxes levied by the City, and the citizens thereof shall be entitled to all the rights and privileges of the other citizens of said City, and shall be  bound by the acts, ordinances, resolutions, and regulations oft the City.  ARTICLEII Powers of the City  SECTION2.01 General. Powers ofthe City  The City shail have all powers and rights of self-government and home rule that exists now or may be granted to municipalities by the Constitution and laws of the State of Texas,  unless such power or right is expressly prohibited or restricted by this Charter.  SECTION2.02 General  (A) The City of Lancaster, as such body politic and corporate, shall have perpetual succession; may use a corporate seal; may sue and' be sued; may contract and be contracted with; implead and be impleaded in all courts; may take, hold and purchase such lands, within or without the City limits, as may be needed for corporate purposes of said City, and may sell any real estate or personal property owned by it; perform and render all public service, and when deemed expedient, may condemn property for corporate use, and may hold, manage and control the same; and shall be subject to all duties and obligations now pertaining to or incumbent upon said City as a corporation, not in conflict with the provisions of this Charter; and shall enjoy all rights, immunities, powers, privileges and franchises now possessed by said City and hereinafter conferred and granted; and except as prohibited by the Constitution of the State of Texas or restricted by this Charter, the City of Lancaster shall have and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. In addition to the powers herein otherwise granted, the City shall have all powers enumerated in State law, as hereafter amended, as though such State law were set forth herein.  (B) The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City of Lancaster shall have, and may exercise, all powers which under the Constitution and Statutes of the State of Texas it would be competent for this Charter specifically to enumerate. All powers of the city, whether expressed or implied, shall be exercised in the manner prescribed by this Charter or, if not prescribed therein, then in the manner provided by ordinance or resolution ofthe City Council.  2    SECTION2.03 Public Improvements  The City shall have the power to, among others, construct and maintain, within or without its corporate limits, streets, flood control and sanitary facilities, water and storm drainage facilities in, over, under or upon all public property or easements granted for that purpose and to levy assessments for the costs of such improvements. It shall have the power to cause liens tol be established for the purpose of securing the payment of such levies and shall have the power to  compel the use of such improvements by the citizens oft the City.  SECTION2.04 Real Estate  All real estate owned in fee simple title, or held by lease, sufferance, easement or otherwise, all public buildings, fire stations, parks, airports, streets and alleys; and all property, whether real or personal, of whatever kind, character or description now owned or controlled by the City ofl Lancaster shall vest in, inure to, remain and be the property of said City ofLancaster under this Charter; and all causes of action, chooses in action, rights or privileges of every kind and character and all property of whatsoever character or description which may have been held and is now held, çontrolled or used by said City of Lancaster for public uses or in trust for the public, shall vest in and remain and inure to the City ofI Lancaster under this Charter, and all suits and pending actions to which the City of Lancaster heretofore was or now is aj party, plaintiff or defendant, shall in no wise be affected or terminated by the adoption of this Charter, but shall  continue unabated.  SECTION2.05 Street Powers  The City ofLancaster shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, improve and maintain streets, alleys, sidewalks, squares, parks, public places and bridges and regulate the use thereof and require the removal and regulate such public property or places, all obstructions, when same constitutes al hazard to the public, encroachments ofe every nature or character upon any said public property, and to vacate and close private ways; and when a street or alley has been vacated or abandoned, the City shall have the right to sell the  same as now provided by the general laws of the State ofTexas. SECTION2.06 Street Improvements and Assessments Therefore  The City shall have the right under the TEXAS TRANSPORTATION CODE, together with all amendments thereof, adopted and made a part of this Charter, to authorize the City Council to provide for the payment of the costs ofi improvements to highways and streets partly by the City and partly by assessments against property abutting the part of the highway or street to be  improved and the owners of that property.  3    SECTION:2.07 Regulation of Vehicles Usedj for Hire  The City Council shall have the power, expressed or implied, by ordinance or otherwise, to license, operate and control the operation of all character of vehicles using public streets.  SECTION2.08 Regulation ofPublic Utilities  The City Council shall have the power, by ordinance, to determine, fix and regulate the charges, fares or râtes of compensation, by ordinance, to be charged by any person, firm or corporation enjoying a franchise in the City of Lançaster, and shall, in determining, fixing and regulating such charges or rates or compensation, base the same upon the fair rate of return upon the fair value of the property of such person, firm or corporation devoted to furnishing service to such City of inhabitants thereof, as may be permitted by State law. The City Council may prescribe the character, quality and extent of service to be rendered and shall have the power to  regulate and require the extension of lines or services of such public utility.  SECTION2.09 Municipal Owned. Public Utilities  The City shall have the power to build, construct, purchase, own, lease, maintain and operate, as established under the TEXAS LOCAL GOVERNMENT CODE or general laws, within or without the City limits, light, and power systems, water systems, a sewer system, sanitary  disposal equipment and appliances, natural gas systems and public services.  SECTION2.10 Transportation  (A) Genera!: The City Council may grant franchises and the City may acquire, maintain and operate a transportation service and issue warrants, assignments of revenues and bonds and  use public funds for such purpose.  (B) Airports: The City Council shall have the power to establish, maintain and operate an airport(s), and heliport(s) within or without the city limits, and landing fields, radio beams, beacons and other apparatus, buildings, equipment and appurtenances necessary or convenient  therefore, and to make suitable charges for their use.  SECTION2.11 Parks  The City shalll have exclusive control of all City parks and playgrounds, whether within  or without the City limits and the structures and apparatuses located therein.  SECTION2.12 Underground Construction  The City may require the placing of all wires or overhead construction of public utilities within the business area or fire limits of the City under the surface of the ground under such  regulations as may be prescribed by the City Council from time to time.  4    SECTION2.13 Fires  The City Council shall have the power, by ordinance or otherwise, to provide for a fire rescue department and regulation thereof; and to provide, by ordinance or resolution, such regulation to protect the public against conflagrations or threat thereof within the City.  SECTION2.14 Health  The City Council shall have the power to provide for a health and sanitation department and to establish all necessary rules and regulations, by ordinançe or otherwise, to protect the health of the City and for the establishment of regulations to protect the public health to include,  but not to the exclusion of other powers, the following:  (A) To regulate, license and inspect persons, firms, corporations, common carriers or associations operating, managing or conducting any hotel or any other public sleeping or eating place, or any place or vehicle where food or drink or containers therefor, of any kind is manufactured, prepared, stored, packed, served, sold or otherwise handled within the City limits of said City, or manufactured, processed, prepared, stored or packed for sale or resale within the City; and shall have the power to prescribe health regulations with reference to any and all workers or employees hired or used in any of said places or vehicles, or about said places and vehicles; or who deliver products to and from said places and vehicles; and shall have the power to inspect, license and regulate the sanitary condition of said places and vehicles and to condemn all articles not wholesome or fit for human consumption, and to prohibit and summarily prevent  the sale or dispensing of any such condemned articles.  (B) To define all nuisançes and prohibit the same within the City and outside the City limits for a distance of five thousand (5,000) feet; to police all parks or grounds, speedways, or boulevards owned by said City and lying both outside and inside said City; to prohibit the pollution of any stream, draw, drain or tributaries thereof, water deposit and reservoir, whether above or below the ground, which may constitute the source of storage of water supply, and to provide for policing of same, as well as to provide for the protection of any watersheds and the policing of same, to inspect, license and regulate dairies, slaughter pens and slaughterhouses inside or outside the limits of the City from which meat or milk is furnished to the inhabitants of the City; to require property owners to make connection to the sewer system, if and when available, with their premises, and to provide for fixing a lien against the property ofowners who  fail or refuse to make it a personal liability.  (C) Toj provide for the fixing of penalties for failure of any person, firm or corporation or association to comply with any such rules and regulations sO prescribed by the City Council under the provisions ofthis section; it being the intention to vest in the City Council not only the powers expressly numerated in this section but all other powers reasonably necessary for the  protection of the health oft the City ofLancaster and its inhabitants.  5    SECTION2.15 Police Department  The city shall have the power, by ordinance, to establish and maintain a police department. The head of the police department of said city shall be known and designated as  "chiefofpolice."  SECTION2.16 Power to Compromise and Settle Claims and Lawsuits  The City Council shall have the power and authority to compromise and settle any and all claims and lawsuits of every kind and character in favor of or against the said City, including  suits by said City to recover delinquent taxes.  SECTION2.17 Contracts  (A) The City may enter into a contract which may bind the City to pay for personal or professional services to be rendered for the performance of a specific act or for a specific period  oftime.  (B) The City or anyone acting for it may make any contract for goods, materials, services or supplies as authorized by State law, including a contract for the use or purchase or other acquisition of personal property by lease with an option to purchase, an installment purchase, or other form considered appropriate by the City Council, and subject only to applicable Constitutional restrictions, the City Council may obligate taxes or revenues for the full  term ofc contract for the payment of the contract. SECTION2.18 Alcoholic Beverages  (A) No person shall be allowed to sell liquor in all or part oft the residential sections of (B) The City Council may, by ordinance, prohibit the sale of beer in any residential area of the City and/or regulate the sale of beer and prescribe the hours when it may be sold as  the City.  allowed by state law.  (C) The City Counçil may, by ordinance, regulate alcoholic beverages as permitted  under the Constitution and laws of the state. SECTION2.19 Miscellaneous Powers  The City shall have the power to, among others, establish and maintain ordinances and regulations governing the use of lands within the City and to enforce by all lawful means these ordinances and regulations, within and without its corporate limits. The City shall have the power to authorize, regulate and inspect all construction and existing structures within or without its limits, consistent with State statutes, and to establish and enforce ordinances and regulations concerning their use, construction and reconstruction. The City shall have the power to license  6    and regulate persons, corporations and associations engaged in any business, occupation, profession or trade when authorized by State law. The City shall have all powers, expressed and  implied, granted by any section of this Charter.  ARTICLEII The City Council  SECTION3.01 Mayor and City Councilmembers  (A) Composition: The "City Council" shall be composed of a "Mayor" and six Councilmembers" residing within six (6) single member districts. There shall be one Councilmember elected by the voters in each of six (6) Council districts. The Mayor shall be  elected at large.  (B) Eligibility: Only qualified voters of the City and residing within the respective district as provided herein shall be eligible to hold the office of Council for each district. Only qualified voters residing in the City, as provided herein, shall be eligible to hold the office oft the  Mayor.  (C) Date of Election: The regular election of Councilmembers and Mayor shall be held on the first Saturday in May or on a uniform date as provided by the TEXAS ELECTION CODE. (D) Run Off In the event no candidate for a given office shall have received the necessary majority, the City Council shall, at the first regular Council meeting following the completion of the official canvass, call a run off election to be held in accordance with the requirements of the TEXAS ELECTION CODE, not less than twenty (20) nor more than thirty (30) days after the final canvass of the regular election. At the run off election, the ballot shall list in that order the names of the two candidates receiving at the first election the first and second highest number of votes for a given office. Should one of the candidates withdraw, die or become ineligible, a second election shall not be held and the other shall be declared elected to  office.  (E) Term ofOfice: At the first election under this Charter, the Councilmembers from odd numbered districts, being 1,3 and 5 shall be elected for a three (3): year term. At the second election under this Charter, Councilmembers from even numbered districts, being Districts 2, 4 and 6: shall be elected for a three (3): year term and the Mayor shall be elected for a four (4) year term. Thereafter, all Councilmembers and the Mayor shall be elected for a three (3) year term  and until their successors have been elected and duly qualified. SECTION3.02 Qualifications of City Council  In addition to any other qualifications prescribed by law, the Mayor and each  Councimember shall:  (1) be residents of the City for one (1) year; and  7    (2) have resided in their district for ai minimum of one (1)year prior to the date oft the In the event that a citizen's residence is changed solely as a result of an approved redistricting plan in accordance with law, the one (1) year district residency requirement shall not  election and shall reside in that district during the term of office.  apply.  SECTION3.03 Compensation  The City Council shall serve without compensation. The City Council shall be entitled to  reimbursement for actual expenses incurred in the performance of official duties.  SECTION 3.04 Mayor and the City Councilmember; Qualifications; How Nominated and  Elected; Official Ballot.  (A) The names of candidates for City Councilmember and Mayor shall be placed on the official ballot upon the filing of a petition, in accordance with the TEXAS ELECTION CODE, with the City Secretary stating the candidate has resided in the City of Lancaster for a period of at least one year prior to such election. If filing for a Council district, the candidate must have also resided within the district for which the candidate is filing for a period of at least one (1) year prior to such election, except as provided herein. The petition shall be signed, in addition to the candidate, by twenty-five (25) qualified voters residing within the district for which the candidate is seeking election, ori in the case oft the Mayor, twenty-five (25) qualified voters of the City. Upon filing, such name shall be printed upon the official ballot. The order in which the names of the candidates for City Council shall appear on the ballot shall be determined by lot, in  a drawing held under the supervision oft the City Secretary.  (B) Ifan member of the Council shall file as a candidate for nomination or election to any public office other than his current office on the City Council, such candidacy shall  constitute an automatic resignation.  SECTION3.05 Mayor, Mayor Pro-Tem and. Deputy Mayor Pro-Tem  (A) The Mayor shall preside at all meetings of the City Council, and shall be recognized as head ofthe City government for all ceremonial purposes, and by the Governor for purposes of military law, but shall have no regular administrative duties. The Mayor may participate in the discussion of all matters coming before the City Council. The Mayor shall be entitled to vote as a member thereof on all legislative or other matters. He shall sign resolutions'ordinances and conveyances made or entered into by the City and all bonds issued under the provisions of this Charter; and such other documents that he/she may be authorized by Council or by law. The Mayor shall not have power to veto any legislative or other matter.  (B) The City Council shall elect a Mayor Pro Tem and a Deputy Mayor Pro Tem at  the first meeting as provided herein.  8    (C) The Mayor Pro-Tem shall be a Councimember elected by the City Council at the first regular meeting after each election of Councilmembers and/or Mayor. Thel Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor, and in this capacity shall have  the rights conferred upon the Mayor.  (D) The Deputy Mayor Pro-Tem shall be a Councilmember elected by the City Council at the first regular meeting after each election of Councilmembers and/or Mayor. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and Mayor Pro-Tem, and in this capacity shall have the rights conferred upon the Mayor.  SECTION3.06 Vacancies, Forfeiture and. Filling of Vacancies  (A) The office of a Councilmember or the Mayor shall become vacant upon his/her death, resignation, forfeiture of, or removal from office by any manner authorized by law. (B) Any person on the City Council who ceases to possess the required qualifications for office or who is convicted of a felony or is convicted of violating any State laws regulating conflicts of interest of municipal officers shall forfeit his/her office. Every forfeiture shall be  declared and enforced by the City Council.  (C) If there is a vacancy in the office of Mayor, a new Mayor shall be elected as (D) A vacancy in the office of any Councilmember shall be filled by special election in accordance with the TEXAS ELECTION CODE. Ifthe vacated office is that of Mayor Pro-Tem (or Deputy Mayor Pro-Tem), the City Council shall elect a new Mayor Pro-Tem (or Deputy  provided by state law.  Mayor Pro-Tem) at the next regular meeting.  (E) Vacancies filled by special election shall be for the remainder of the term that was  vacated.  SECTION3.07 Duties and Powers ofthe City Council  (A) The City Council shall have all powers necessary and incident to the proper discharge of the duties imposed upon it and is hereby invested with all powers necessary to carry out the terms of this Charter; it being intended that the City Council and Mayor shall have and exercise all powers enumerated in this Charter or implied thereby and all powers that are or hereafter may be granted to municipalities by this Charter, the Constitution or laws of the State  ofTexas.  (B) Any member of the City Council shall have the unabridged right to place an item on the agenda of a duly convened meeting of the Council; nothing contained in this Charter shall  be construed to limit or circumscribe such right.  (C) During each calendar year, the City Council shall undertake one (1) annual review of the performance of the City Manager in writing. The City Manager shall be responsible for  9    implementing annual performance reviews for all other employees of the City, except the City  Secretary and other Council appointed positions.  (D) All powers of the City and the determination of all matters of policy shall be vested in the City Council. Except where in conflict with and otherwise expressly provided by this Charter, the City Council shall have all powers authorized to be exercised by the Constitution and laws of the State ofTexas and as set forth in this Charter. Without limitation of the foregoing and among the other powers that may be exercised by the City Council, the  following are hereby enumerated for greater certainty: (1) Appoint and remove the City Manager; (4) Appoint and remove the City Secretary; (5) Establish administrative departments;  (2) Appoint and remove the Municipal Judge(s) oft the Municipal Court; (3) Appoint and remove the City Attorney; and other special legal counsel; (6) Establish an ad valorem tax levy and adopt the budget oft the City; investigations as to municipal affairs through the City Manager;  (7) Inquire into the conduct of any office, department or agency ofthe City and make (8) Exercise, individually and collectively, all of the powers and authority as  provided in Article II of this Charter.  SECTION3.08 Limitations ofAuthority  (A) Except where authorized by law or by this Charter, no Mayor or Councilmember shall hold any other City office or City employment during his or her term as Mayor or Councilmember. No former Mayor or Councilmember shall hold any compensated appointive office or City employment until one (1) year after the expiration of the term for which they were  elected or appointed to the City Council.  (B) Members of the City Council shall not in any way diçtate the appointment or removal of the City administrative officers or employees whom the City Manager or any of the City Manager's subordinates are empowered to appoint. The City Council, at a meeting called for that purpose, may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal ofsuch officers and employees.  (C) Except for the purpose of inquiries and investigations as provided by this Charter, the City Council shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager. The City Council shall not give orders to any such officer or employee either publicly or privately except as otherwise  provided in this Charter.  SECTION3.09. Investigations by the City Council  The City Council shall have the power to inquire into the official conduct of any department, agency, office, officer or employee of the City. For that purpose, the City Council shall have the power to administer oaths, subpoena witnesses and compel the production of  10    books, papers or other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt for failing or refusing to obey any such subpoena or toj produce any such books, papers or other evidence, and shall have the power to punish any such contempt  in the manner provided by the ordinançe. SECTION3.10 Meetings of the City Council  (A) Regular Meetings: The City Council shall hold at least one (1) regular meeting each month and as many additional meetings as it deems necessary to transact the business oft the City. The City Council shall fix by ordinance, the date and time oft the regular meetings.  (B) Special Meetings: Special meetings of the City Council shall be held at the call of the Mayor or a majority of the Councilmembers upon provision of public notice in accordance  with State law.  (C) Open Meetings: All meetings of the City Council shall be held in public as (D) Ouorum: Four (4) Councilmembers or three (3) Councilmembers and the Mayor shall constitute a quorum for the purpose of transaction of business. No action of the City Council, except as specifically provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of a majority of the City Council present. In no event shall any ordinance, resolution or official action be approved except by an affirmative vote of at least four  provided by State law.  (4) Councilmembers or three (3) Councilmembers and Mayor.  (E) Minutes, Resolutions, Ordinances and Records: Minutes of all proceedings shall be kept, to which any citizen may have access at all reasonable times and which shall constitute one of the archives of the city. All adopted ordinances or resolutions, shall be and kept in the archives of the City and shall be authenticated by the signature of the presiding officer and the  City Secretary.  SECTION3.I Disaster Clause  In case of disaster when a legal quorum of the City Counçil cannot be assembled due to multiple deaths or injuries, the surviving members of the City Council, or the highest surviving city official ifno elected official remains, must, within twenty-four (24) hours of such disaster, or as soon as practicable, take such action as to ensure the basic health, safety and welfare of the citizens and undertake whatever action is necessary under the laws of the State of Texas to call for a special election. Until such election is held and Council qualified, the remaining members or highest ranking officer if no elected official remains, shall only undertake those actions necessary to protect the basic health, safety and welfare of the citizens which such action may be  subsequently ratified by the full City Council.  11    SECTION3.12 ConflictofInterest  Should any person on the City Council have a conflict of interest, pursuant to any State laws and/or City ordinances regulating conflicts ofinterest of municipal officers, with an agenda item then before the City Council, he or she shall openly declare same before discussion proceeds, and he or she is thereby prohibited from discussing the item or voting on the question, and is not considered as present and voting for the purposes of thet tally, and must file appropriate  conflict interest statement with the City Secretary.  SECTION3.13 Abstention  Should any person on the City Council choose to abstain from voting on any question before the City Council, where no conflict ofi interest exists, the person's vote shall be recorded  as a vote in favor of the prevailing side of the question.  SECTION3.14 Ruleso ofProcedure  The City Council shall determine, within ninety (90) days following the May election, its own rules of order and business. The City Council shall provide that the citizens of the City shall have ai reasonable opportunity to clearly hear and be heard at public hearings with regard to specific matters under consideration. The City Council shall provide for minutes to be taken and recorded for all public meetings as required by law. Such minutes shall be a public record and shall be kept and maintained by the person performing the duties oft the City Secretary.  SECTION3.15 Passage ofOrdinances in General  (A) The City Council shall legislate by ordinance only, and the enacting clause of every ordinance shall be "Be it ordained by the City Council of the City ofLancaster, Texas.. .". Each proposed ordinance shall be introduced in the written or printed form required for adoption. Noo ordinance shall contain more than one (I)subject, which shall be clearly expressed ini its title. General appropriation ordinances, or ordinances authorizing the contracting of indebtedness or issuance of bonds or other evidence of indebtedness may contain various subjects and accounts for which monies are to be appropriated. After adoption, an ordinance shall not be amended or repealed except by the adoption of another ordinance amending or repealing the original ordinance. Copies of any proposed ordinance, in the form required for adoption, shall be furnished to the City Council. Copies of the proposed ordinance, in the form required for adoption, shall be available at the City offices and shall be furnished to citizens upon request to the City Secretary from and after the date on which such proposed ordinance is posted as an agenda item for a City Council meeting; and if amended, shall be available and furnished in amended form for as long as the proposed ordinance is before the City Council.  (B) Every ordinance shall become effective upon adoption or at any later time(s) specified in the ordinance, except that every ordinance imposing any penalty, fine or forfeiture shall become effective only after having been published once in its entirety or summary form  after adoption, in a newspaper designated as the official newspaper of the City.  12    SECTION. 3.16 Emergency Ordinances  (A) The City Council may adopt emergency ordinances only to meet public emergencies affecting life, health, property or the public peace. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise, or regulate the rate charged by any public utility for its services. Neither shall they authorize the borrowing of money except as  provided elsewhere in this Charter.  (B) An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that they shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an  emergency exists and describing the emergency in clear and specific terms.  (C) An emergency ordinançe may be introduçed at any City Council meeting and can be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of atl least four (4)Councilmembers: shall be required for adoption.  (D) Emergency ordinances shall become effective upon adoption and shall be published as soon thereafter as practicable. Every emergency ordinance sO adopted, except one authorizing the borrowing of money as described herein, is automatically repealed as of the sixty-first (61st) day following the day on which it became effective. The ordinance may be re- enacted if the emergency still exists or otherwise in accordance with this Charter. SECTION3.17 Authentication, Recording, Codification, Printing and Distribution  (A) All ordinances and resolutions adopted by the City Council shall be authenticated by seal and signature of the person performing the duties of the City Secretary and numbered consecutively as adopted. They shall be properly indexed and placed in a book kept open for  public inspection.  (B) The City Council may maintain the codification of ordinances of the City. This codification shall be known and cited as "The Lancaster City Code" and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the City may be omitted without affecting the validity of such ordinances when codified. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code. For the purpose of this section, general ordinances shall be deemed to be those ordinances ofa permanent or continuing nature which affect the residents of the City at large. Copies of the code shall be furnished to City Officers, placed in City offices and made available for purchase  by the public at a reasonable price to be fixed by the City Council.  (C) The City Council shall cause all ordinances and amendments to this Charter to be printed promptly following their adoption. A copy of each ordinance and amendment shall be  13    placed in appropriate City offices for public reference. Printed ordinances and Charter amendments shall be sold to the public at ai reasonable price to be fixed by the City Council.  SECTION3.18 Bond  The City Council shall require bonds of all municipal officers and employees who receive or pay out any monies of the City. The amount of the bonds shall be determined by the  City Council and the cost shall be borne by the City. SECTION3.19 Boards and Commissions  (A) The City Council shall create, establish or appoint, as may be required by the laws of the State of Texas or this Charter, or deemed desirable by the City Council, such boards, commissions and committees as it deems necessary to carry out the functions and obligations of the City. The City Council shall, by ordinance or resolution, prescribe the purpose, composition, function, duties, accountability and tenure ofeach board, commission and committee where such  are not prescribed by law or this Charter.  (B) The City Council may appoint persons to serve on one (1) or more boards, commissions or committees. Such appointees shall serve at the pleasure oft the City Council and may be removed at the discretion of the City Council. Except as otherwise provided in this Charter, members of any such board, commission or committee shall serve without compensation but may be reimbursed for actual expenses as approved by the City Council. (C) All boards, commissions or committees of the City shall keep and maintain minutes ofa any proceedings held and shall file the minutes or any written report of such proceedings with  the City Secretary no more than three (3) weeks following each meeting.  (D) No officer or employee of the City nor any person who holds a compensated appointive position, or other elective office shall be appointed to any board, commission or committee created or established by this Charter other than in an advisory capacity to that board, commission, or committee, except and unless such an appointment is provided for in  state statute.  SECTION3.20 Ordinances now in effect  All ordinances of the City of Lancaster now in existence and not inconsistent with the provisions of this Charter shall remain in full force and effect until altered, amended or repealed  by the City Council.  SECTION3.21 Ordinances; Pleadings of and. Admissibility as Evidence  Itshall be sufficient in all judicial proceedings to plead any ordinance of the City by caption without embodying the entire ordinance in the pleadings, and all pleaded ordinançes or codes of ordinances shall be admitted in evidence in any suit and shall have the same force and  14    effect as the original ordinance. Certified copies of the ordinances may also be used in evidence  in lieu of original ordinances.  ARTICLEI IV City Manager  SECTION4.01 City Manager  The City Council shall appoint a City Manager, who shall be the chief executive officer of the municipal government and shall be responsible for the efficient administration of all  departments.  SECTION4.02 Compensation by the City Council.  The City Manager, when sO appointed, shall receive a salary and other compensation as set  SECTION4.03 Qualifications of City Manager  The City Manager shall be chosen by the Council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices with respect to the duties ofh his office as hereinafter outlined. At the time ofl his appointment, he need not be ai resident of the City or state, but during the tenure ofc office he shall reside within the City. No person elected to membership on the Council shall, subsequent to such election, be eligible for appointment as City Manager until one (1) year has  elapsed following the expiration of the term for which he was elected. SECTION4.04 Powers and. Duties of City Manager  (A) The City Manager shall hold his office for an indefinite period and shall be suspended or removed at the will and pleasure of the City Council upon an affirmative vote of four (4) members of the governing body. The action of the Council in suspending or removing the City Manager shall be final, since it is the intention of this section to vest all authority and fix all responsibility for such suspension or removal wholly in the City Council. In no event shall a City Manager be terminated within ninety (90) days after a general election, except for (B) It shall be the duty of the City Manager to act as chief conservator oft the peace within the City; to supervise the administration of the affairs of the City; to see that the ordinances of the City and the laws of the state are enforced; to make such recommendations to the Council concerning the affairs of the City as may seem to him/her desirable; to execute all contracts as authorized by Council; to keep the Council advised of the financial condition and future needs of the City; to prepare and submit to the Council the annual budget estimate; to prepare and submit  misconduct, malfeasance, or misfeasance.  15    to the Council such reports as may be required by that body; and to perform such other duties as may be prescribed by this section or required of him by ordinançe or resolution of the Council  not inconsistent with this section.  (C) The City Manager shall be responsible to the Council for the proper administration of all affairs of the City placed in his/her charge, and to that end he/she shall have the power to appoint and remove all officers and employees, except police officers and firefighters in the classified service, in the administrative service of the City; but the manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office. Appointments made by, or under the authority of, the City Manager shall be on the basis of exeçutive and administrative ability and of the training and experience of such appointees in work which they are to perform. All such appointments shall be without definite term unless for provisional, temporary, or emergency service not to exceed the maximum periods prescribed by such regulations as may be imposed under the authority oft the Charter. (D) Any officer or employee appointed by the City Manager, or a head of a department or office, may be removed by the manager or other appointing officer at any time and except as otherwise provided herein, the decision of the manager or other appointing officer shall be final. (E) The City Manager shall attend all meetings oft the Council, except where excused by the Council, and shall have the right to take part in all discussions, but shall have no vote.  SECTION4.05 Official. Bond  The City Manager shall give an official bond as established by City Council, payable to the City of Lancaster, conditioned as may be prescribed by the resolution or ordinance of the Council. Such bond shall be procured from some regularly accredited surety company, authorized to do business under the laws of the State of Texas, and the premiums to such surety  company shall be paid by the City ofLancaster.  ARTICLEV Other Officers  SECTION5.0I City Secretary  (A) A City Secretary shall be appointed and serves at the pleasure of the City Council as provided by ordinance. He/she shall receive for his services such compensation as the City Council may fix. Unless excused by the City Council for good cause, he/she shall attend all meetings of the City Council and keep accurate minutes ofi its proceedings; he/she shall preserve and keep in order all books, papers, documents, records and files oft the City Council and of the executive departments. He/she shall keep a record of all commissions and licenses issued and shall countersign the same. He/she may appoint such assistants and staff as may be approved in  16    the adopted budget of the City. He/she shall have custody of the seal of the City and shall affix same to such documents and obligations oft the City as he/she may be legally authorized to do. (B) In no event shall a City Secretary be terminated within ninety (90) days after a general  election, except for misconduct, malfeasance, or misfeasance.  SECTION5.02 City Treasurer.  The finance director of the city shall perform the duties of the city treasurer as imposed by State law or other obligation of the City. He/she shall reçeive for his/her services such compensation as the City Council may fix. He/she shall sign all checks or vouchers given by the city and perform any other duties required by the general laws of the State of Texas.  SECTION5.03 Municipal court, Creation and. Jurisdiction; Fines.  (A) The City Council shall establish and cause to be maintained a Municipal Court. The Court shall have all the powers and duties as are now, or as may be, prescribed by the laws  oft the State of Texas.  (B) The City Council shall appoint by majority vote of its full membership such Municipal Judges of the Municipal Court as may be necessary, all of whom shall be competent, duly qualified attorneys licensed and practicing for at least two (2) years in the State of Texas. In the event a duly qualified attorney is not available, the City Council shall then select a qualified person to be the Municipal Judge. The Municipal Judge(s). of the Municipal Court(s) shall be appointed to a term of two (2) years and may be appointed to additional consecutive terms upon completion of his/her term(s) of office. The appointment of the Municipal Judge(s) may be terminated, without cause, at any time by a majority vote of the full membership of the City Council. The Municipal Judge(s) shall receive compensation as may be determined by the  City Council.  (C) The Clerk and Deputy Clerks of the Municipal Court(s) shall have the power to administer oaths, certify affidavits, make certificates, affix the seal of the Court, and perform all usual and necessary clerical acts in conducting the business of the Court(s) including but not  limited to, the keeping ofr records and accounts of the Municipal Court(s).  (D) All special expenses and fines imposed by the Municipal Court(s) shall be paid into the City Treasury for the use and benefit oft the City, as may be consistent with present and future  laws.  SECTION5.04 City Attorney  (A) Appointment and Oualification: The City Council, in consultation with the City Manager, shall appoint a competent, duly qualified, licensed and practicing attorney in the State ofTexas, who shall serve as the City Attorney. In no event shall a City Attorney be terminated  17    within ninety (90) days after a general election, except for misconduct, malfeasance, or  misfeasance.  (B) Removal: The City Attomey shall serve at the pleasure of the City Council and as  such shall have no property right to continued employment. (C) Duties: The City Attorney shall be required to:  (1) Serve as al legal advisor to the City Council and City Manager.  (2) Represent the City in litigation and legal proceedings as directed by the City (3) Review and provide opinions as requested by the City Council and/or City Manager on contracts, legal instruments and ordinances of the City. (D) Compensation: The City Attorney shall receive compensation as may be determined (E) Additional Attorneys: The City Attorney, with approval of the City Council, may select additional attorneys to act for the City Attorney and the City in its representation and  Council and City Manager.  by the City Council.  litigation.  (F) Firm may designate individual to serve as City Attorney: The City Council may contract with an attorney or with a firm of attorneys who may designate one (1) member of said  firm to serve as City Attorney.  ARTICLE VI Finance  SECTION6.01 Powers of Taxation  (A) The Council shall have the power to levy, for general purposes, an ad valorem tax on real, personal, and mixed property within the territory of the City ofLancaster, not exempt from taxation by the Constitution and laws of the State ofTexas, based upon its true value as provided by law to the extent oft the constitutional limit permitted by the State of Texas to cities.  (B) The Council may levy taxes on all property, privileges and franchises of every kind and description within the City limits or having its situs therein on. January first of each year, and from any other local source. The place, time and manner of payment thereof, with penalties, shall be established by the Council as it deems best, not in violation oft the laws oft this State.  18    SECTION6.02 Payment of Taxes  The taxes herein and hereby authorized to be levied shall become due and payable October first of the year assessed, and same shall be payable in cash at the office of the. Assessor and Collector ofTaxes or such other officer as the City may, by ordinance, prescribe.  SECTION6.03 Delinquent Taxes  (A) Taxes shall be deemed and become delinquent if not paid prior to February first of the year following assessment, and such delinquent taxes shall be subject to the penalties and  collection procedures authorized by State law.  (B) Such delinquent taxpayer shall be subject to the payment of all costs and expenses incurred in the advertisement of such delinquent property and the collection of such taxes through any method provided by this Charter and/or the laws of the State of Texas. Such penalties and interest shall be an obligation of the taxpayer and be secured by the same lien and  collected in the same manner as other taxes. SECTION 6.04 Tax Lien and Liability  (A) A special lien is hereby created on all real, personal and mixed property, located in the City ofLancaster, in favor of the City ofLancaster for all taxes, ad valorem, occupational or otherwise. Said lien shall exist from January first in each year until the taxes are paid. Such lien shall be prior to all other claims, and no gift, sale, assignment or transfer of any kind, or judicial writ ofany kind, can ever defeat such lien, but the. Assessor and Collector ofTaxes can pursue such property, and whenever found may, by. judicial writ, seize and sell enough thereof  tos satisfy such taxes  (B) All persons or corporations owning real, personal or mixed property on the first day of. January of each year shall be liable for all municipal taxes levied thereon for such year.  SECTION6.05 Budget  The City Manager, as the budget officer, shall, in accordance with State law, prepare each year a municipal budget to cover the proposed expenditures of the City for the succeeding fiscal year. Such budget shall be prepared in conformity with the provisions of State law, together with any amendments thereto enacted. No public money shall ever be spent or appropriated, except in case of an emergency or public calamity, unless funds are currently in the possession oft the City to cover said expenditures or appropriations. No expenditures shall ever be made by the City except upon checks drawn upon the account, for which a previous appropriation shall have been made, signed by the Mayor, City Manager or City Treasurer. Such budget shall, upon and after presentation, be presented to the Council and the public, in an open, called meeting for the purpose in accordance with State law. A proposed or preliminary budget shall be filed with the City Secretary and City Council for public review on a date established by State law and by rules  19    adopted by City Council. If, by the first day of October, the City Council has not adopted a budget, the budget from the preceding year shall remain in effect until such time as the Council adopts a budget, but such adoption shall be no later than the second regular meeting in October.  SECTION6.06 Audit and Examination of the City Books and. Accounts  The City Council shall cause audits annually to be made of the books of accounts of each and every department of the City. Such audits shall be made by a competent public accountant who shall be selected by the City Council, and a contract entered into from year to year; and such contract shall provide that the books of the City shall be audited at least annually and such auditor's report to the City Council shall be available to the public or for publication.  SECTION 6.07 Emergency Measures Defined  An emergency measure is an ordinance for the immediate preservation of the public business, property, health or safety, or providing for the usual daily operation of municipal  departments, in which the emergency is set forth in such ordinance.  SECTION6.08 Depository.  The City Council is authorized to select a depository for City funds in accordance with Chapter 105 of the TEXAS LOCAL GOVERNMENT CODE, as amended, not to follow all the terms  and provisions of the same.  ARTICLE VII Recall  SECTION 7.01 Scope ofRecall  Any elected City official shall be subject to recall and removal from office by the qualified voters of the City on grounds of incompetency, misconduct, misfeasance or  malfeasance. The following definitions shall apply:  Misfeasance The wrongful and injurious exercise of lawful authority by which another Malfeasance The commission of some act which is positively unlawful or wholly Incompetent Lack of ability, legal qualifications, or fitness to discharge the required  person is injured. wrongful. duty.  20    Misconduct A transgression of an established and definite rule of action, a forbidden  act, a dereliction from duty, unlawful behavior, willful in character, which is improper or wrong behavior; it being synonyms being misdeed, misbehavior, delinquency, impropriety, mismanagement but not  negligence or carelessness.  SECTION 7.02 Petitions for Recall  The Mayor or any other member of the City Council may be removed from office in the (A) When an affidavit, signed by one or more qualified voters, naming the member being recalled, and stating specific grounds for the recall, is presented to the City Secretary, he/she shall mark the affidavit with the date received and retain it for office files.  following manner by the electors qualified to vote for a successor of such incumbent:  (B) Within three (3) days after receiving the affidavit for recall, the City Secretary shall prepare and have available at City Hall for delivery to persons signing the Affidavit petition forms which shall be addressed to the City Council and bear the seal oft the City Secretary. The petition form shall name the member intended to be recalled, set forth the grounds for the recall as they appear on the Affidavit, and provide space for the printed names, addresses, dates of birth and signature. The City Secretary may provide space for any other information or format helpful in certifying aj person as a qualified voter, but the absence of said information shall not invalidate the petition. Persons accepting delivery of the petition forms shall acknowledge delivery by signing a receipt bearing the date of delivery. Said receipt shall be retained by the City Secretary for office files. Petitioners must take delivery of the prepared petition forms within three (3)  working days ofi notification that they are available. member sought to be removed as follows:  (C) The petition must be signed by persons entitled to vote for a successor to each  (1) Thirty (30) percent of the persons that actually voted in the municipal election for Mayor, ift the recall petition be for the Mayor; and (2) Forty (40) percent of the persons that actually voted in the municipal election of the Council district person sought to be recalled.  (D) Within thirty (30) days of the delivery date, the signed petition must be filed with the City Secretary for verification. If the petition is not filed within the prescribed delivery period, it shall be invalid. Petitions on forms other than those provided by the City Secretary shall be invalid. Ifai request is made within the original thirty-day period, the City Secretary shall provide (E) Each signer of a recall petition shall sign his/her name in ink or indelible pencil, shall print his/her name, and shall provide such other information as may be required on the petition  additional petition forms promptly on request of the initiators oft the recall.  form to verify voter eligibility.  21    SECTION: 7.03 Form of Recall Petition  The recall petition mentioned above must be addressed to the Council of the City of Lancaster, must, as provided for in the Affidavit for recall, distinctly and specifically point out the factual basis and grounds upon which such petition for removal is predicated, and, if there be more than one ground, shall specifically state each ground with such detail and certainty as to give the officer sought to be removed notice of the matters and things with which he/she is charged. Signatures on the petition shall be verified by oath in the following form:  "STATEOF: TEXAS COUNTYOF I,.  BEING FIRST DULY SWORN, ON OATH DEPOSE. AND SAY THATIAM IONEOF  THE SIGNERS OF THE ABOVE PETITION, AND THATTHE: STATEMENTS MADE THEREIN ARE TRUE, AND THAT EACH SIGNATURE APPEARING THERETO WAS MADE IN MY PRESENCE ON THE DAY AND DATE IT PURPORTS TO HAVE BEEN MADE, AND Is SOLEMNLY SWEAR THAT THE SAME IS THE GENUINE: SIGNATURE OF THE PERSON. ITE PURPORTSTOBE.  SIGNATURE  SWORN. AND SUBSCRIBED BEFORE ME THIS.  DAYOF  20  SIGNED  Notary. Public in andj for State ofTexas"  SECTION7.04 Various Papers Constituting Petition  The petition may consist of one or more copies, circulated separately, but the signatures thereto shall be upon the paper or papers containing the form of petition. Verifications provided for in Section 7.03 of this Article may be made by one or more petitioners. All papers comprising a recall petition shall be assembled and filed with the City Secretary as one (1) instrument on the same day, and said Secretary shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to his/her Lancaster address. Within ten (10) days of the date of filing of a recall petition, the secretary shall determine the sufficiency thereof and attached thereto a certificate showing the result of his examination. Ifhe/she shall certify that the petition is insufficient he/she shall set forth in the certificate the particulars in which itis defective and shall at once notify the petitioners of the original affidavit for recall by registered mail at his/her Lancaster address. The finding of the insufficiency of a recall petition shall not prejudiçe the filing of a new petition for the same purpose subject to the provisions of Section  7.11 ofthis Article.  22    SECTION7.05 Presentation ofPetition to the Council  Within fourteen (14) business days after the date of the finding of sufficiency of the papers constituting the recall petition, the person performing the duties of the City Secretary shall place on the agenda such petition for presentation at the next regularly convened meeting of the City  Council.  SECTION7.06 Public Hearing to be Held  The officer whose removal is sought may, upon presentation of such petition at a convened meeting of the City Council, request 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 Council shall thereafter order such public hearing to be held, not less than five (5) business days but not more  than ten (10) business days after receiving such request for public hearing.  SECTION 7.07 Election to be Called  Ifthe officer whose removal is sought does not resign within five (5) business days after the presentation of the petition at a convened meeting ofthe City Council, or in the event of a public hearing, within five (5) business days after the closing of the public hearing, then it shall become the duty of the Council to order an election and fix a date for holding such recall election in accordance with the uniform election dates as provided in the TEXAS ELECTION CODE, as  amended.  SECTION 7.08 Ballots in Recall. Election  Ballots used at recall elections shall conform to the requirement of the TEXAS ELECTION  CODE, as amended, in substantially the following form: "D For the recall of (name ofl Mayor or Councilmember)" "0 Against the recall of (name of Mayor or Councilmember)."  SECTION 7.09 Result of Recall Election  Ifar majority of the votes cast at ai recall election shall be "No", 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. Ifa majority of the votes cast at such an election be "Yes", that is, for the recall of the person named on the ballot, he/she shall be deemed removed from office and the vacancy created be filled as vacancies in the Council are filled due to  disqualification's or death as provided in this Charter.  23    SECTION7.10 Multiple Recalls allowed at Same Election  The question of recalling any number of members of said City Council may be submitted at the same election, but as to each member whose removal is sought, a separate petition shall be  filed and there shall be an entirely separate ballot. SECTION7.11 Recall, Restrictions Thereon  No recall petition shall be filed against any officer of the City within six (6) months after his/her election, nor within six (6) months after the filing of a previous petition for recall, nor within six (6) months oft the end of the term for the officer sought to be recalled.  SECTION7.12 Failure ofthe Council to Call an Election  In case all the requirements of this Charter shall have been met and the Council shall fail or refuse to receive the recall petition, or order such recall election, or discharge any other duties imposed upon said Council by the provisions of this Charter with reference to such recall, then the County Judge of] Dallas County, Texas, shall discharge any such duties herein provided tol be discharged by the person performing the duties ofthe City Secretary or by the Council.  SECTION7 7.13 General Power of Initiative and Referendum.  The qualified voters of the City, in addition to the method of legislation herein before (A) Initiative: Such power shall not extend to the budget or capital program or any ordinance not subject to initiative as provided by State law, relating to appropriation of money,  provided, shall have the power of direct legislation by the initiative and referendum.  issuing of bonds, levying oft taxes or salaries ofCity officers or employees.  (B) Referendum: Such power shall not extend to the budget or capital program or any emergency ordinance or ordinance not subject to referendum as provided by State law, relating  toa appropriation ofmoney, issuing ofbonds, or levying of taxes.  SECTION 7.14 Initiative and Referendum  Following a review by the City Attorney for enforceability and legality, qualified voters of the City may initiate, or, if within 30 days after final passage, repeal legislation through referendum by submitting an affidavit which requests the submission of aj proposed ordinance or resolution, or an ordinance or resolution repealing any such ordinance or resolution, as set forth  below:  (A) When an affidavit, signed by one or more qualified voters, outlining and stating a specific ordinance ori resolution being sought or repealed, is presented to the City Secretary, helshe shall mark the affidavit with the date received and retain it for office files.  24    (B) Within three (3) days after receiving the affidavit for initiative or referendum, the City Secretary shall prepare and have available at City Hall for delivery to persons signing the Affidavit petition forms which shall be addressed to the City Council and bear the seal of the City Secretary. The petition form shall provide space for the printed names, addresses, dates of birth and signatures. The City Secretary may provide space for any other information or format helpful in certifying a person as a qualified voter, but the absence of said information shall not invalidate the petition. Persons accepting delivery of the petition forms shall acknowledge delivery by signing a receipt bearing the date of delivery. Said receipt shall be retained by the City Secretary for office files. Petitioners must take delivery of the prepared petition forms  within three (3) working days ofnotification that they are available.  (C) Said petition must be signed by thirty percent (30%) of the number of votes cast at the last regular Mayoral election, and each copy of the petition shall have attached toi ita copy ofthe legislation being proposed or repealed. The petition shall be signed in the same manner as recall petitions are signed, as provided in this Article, and shall be verified by oath in the manner and form provided for recall petitions in this Article. The petition may consist ofone (1) or more copies as permitted for recall petitions. Within ten (10) days of the date of filing of a recall petition, the secretary shall determine the sufficiency thereof and attach thereto a certificate showing the result of his examination. If he/she shall certify that the petition is insufficient he/she shall set forth in the certificate the particulars in which it is defective and shall at once notify the petitioners of the original affidavit for recall by registered mail at his/her Lançaster  address.  (D) Within thirty (30) days of the delivery date, the signed petition must be filed with the City Secretary for verification. If the petition is not filed within the prescribed delivery period, it shall be invalid. Petitions on forms other than those provided by the City Secretary shall be invalid. Ifa request is made within the original thirty-day period, the City Secretary shall provide additional petition forms promptly on request of the initiators oft the recall.  (E) Within fourteen (14) days after the date of the finding ofs sufficiency oft the papers constituting the petition for initiative or referendum, the person performing the duties of the City Secretary shall place on the agenda such petition for presentation at the next regularly convened  meeting oft the City Council.  (F) Upon presentation to the City Council, it shall become the duty of the City Council, within two (2) regularly scheduled City Council meetings after the receipt thereof, to adopt such ordinance or resolution without alteration as to meaning or effect in the opinion of the persons filing the petition, or to repeal, ift that be the case, the ordinance or resolution. Ifthe City Council does not adopt or repeal, which ever the case, the ordinance or resolution, then it shall be the duty of the City Council to order an election and fix a date for holding such election in accordance with the uniform election dates as provided in the TEXAS ELECTION CODE, as amended. Unless otherwise provided by law, any election for an initiative or referendum under this Charter shall be held on the first authorized uniform election date that occurs after the sixty-  fifth (65th) day after the petition was presented to the City Council.  25    SECTION7.15 Suspension ofOrdinances or Resolutions While Subject to Referendum  Pending the holding of such election as provided for in this Article, each 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. SECTION7.16 Voluntary Submission ofLegislation by the City Council  The City Council, upon its own motion and by, the vote of three-fourth (3/4) of the full membership of the City Council, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing ordinance, or resolution, or measure, in the same manner and with the same force and effect as provided in this Article for submission of petition, and may ati its discretion call a special election  for this purpose.  SECTION7.17 Form ofBallots.  The ballots used when voting upon such proposed and referred ordinance, resolutions or measures, shall set forth their nature sufficiently to identify them and shall also set forth upon  separate lines the words:  "For the Ordinance" or "Against the Ordinance" or "For the Resolution" or "Against the Resolution"  SECTION 7.18 Publication of Proposed and Referred Ordinances  The person performing the duties of City Secretary of the City shall publish at least twice in the official newspaper of the City the proposed or referred ordinance or resolution within fifteen (15) days before the date of the election, and shall give such other notices and do such other things relative to such election as are required by law in municipal elections and by the  ordinance or resolution calling said election. SECTION7.19 Adoption of Ordinances  Ifa majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon or at any time fixed therein, become  effective as a law or as a mandatory order of the City Council.  26    SECTION 7.20 Inconsistent Ordinances  If the provisions of two (2) or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution receiving the highest number of votes  "Fort the Ordinance" or "For the Resolution" shall prevail.  SECTION 7.21 Ordinances Passed by Popular Vote, Repeal or Amendment  No ordinance or resolution 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 by Section 7.15 ofthis Charter.  SECTION: 7.22 Further Regulations by the City Council  The City Council may pass ordinances or resolutions providing other and further  regulations for carrying out the provisions of this Article consistent herewith.  SECTION: 7.23 Franchise Ordinances  Nothing contained in this Article shall be construed to be in conflict with any of the provisions ofthis Charter, pertaining to ordinançes granting franchises when valuable rights shall  have accrued thereunder.  SECTION 7.24. Failure ofthe City Council to Call an Election-lmitiative or Referendum. In case that all of the requirements of this Charter shall have been met and the City Council shall fail or refuse to receive the initiative or referendum petition, or order such initiative or referendum election, or discharge any other duties imposed on the City Council by the provisions of this Charter with reference to such initiative or referendum, then the District Judge ofDallas County, Texas, shall discharge any of such duties herein provided to be discharged by  the person performing the duties of City Secretary or by the City Council.  ARTICLE VIII  Bonds, Warrants and Other Evidence ofIndebtedness  SECTION8.01 Right to. Issue Bonds, Etc.  In keeping with the Constitution of Texas, and not contrary thereto, the City of Lancaster shall have the right to issue all tax bonds, revenue bonds, funding and refunding bonds, time warrants and other evidence ofindebtedness as now authorized or as may hereafter be authorized  tol be issued by cities and towns by the general laws of the State ofTexas.  27    SECTION8.02 General Laws ofTexas  Bonds and warrants of the City of Lançaster shall be issued in the manner provided by the  general laws ofTexas applicable to cities and towns.  ARTICLEIX General Provisions  SECTION9.01 Qualified Voter  A "qualified voter" means a person who is qualified under the provisions of Section 11.002 ofthe Texas Election Code, except as herein elsewhere defined within the meaning oft the  terms oft this Charter. SECTION9.02 Jurors  In any action or preceding in which the City of Lancaster may be party at interest, no person shall be an incompetent judge, justice, witness or juror by reason of his/her being an  inhabitant, freeholder or taxpayer oft the City ofLancaster.  SECTION9.03 Nepotism  No person related within the second degree by affinity or within the third degree by consanguinity to the Mayor or any Councilmember or the City Manager shall be employed by or  contracted with for the City. This shall not apply to the following:  (A) Any person continuously employed or contracted with for one year or more by the City prior to the person related in the above degree filing to run for elective office election or being nominated for an appointment of the person related in the above  degree, or  (B) Any person who is a seasonal employee or intern oft the City.  SECTION9.04 PublicA Act  This Charter shall be deemed a public act and judicial notice shall be taken thereof in all  courts.  SECTION9.05 Amendments  This Charter may be amended at any time in accordance with the provisions applicable thereto contained in Chapter 9 of the TEXAS LOCAL GOVERNMENT CODE or any amendments thereto or any amendments that may be made hereafter thereto. This Charter may be amended no more than once every two (2) years as provided by the laws of the State of Texas. The City  28    Council shall appoint a 14-member citizens Charter review commission not less than every ten (10) years, with the Mayor and each Councilmember selecting two members for appointment. Such commission shall review the Charter and make recommendation to the City Council as to  any neçessary amendments.  SECTION9.06 EfectofAny Provisions Hereof Being Declared Invalid  If any provision of this Charter violates any statutes of the Constitution of the State of Texas, or if any court holds such provisions for naught for any reason, the remaining provisions  shall not be affected thereby and shall continue in effect.  ARTICLE X  Franchises and Special Privileges  (A) The right to control, easement, use and ownership of and title to the streets, highways, public thoroughfares and property oft the City, its avenues, parks, bridges and all other public places and property, are hereby declared to be inalienable except by ordinance duly passed by a majority of all members oft the City Council, and no grant of any franchise or lease, or right to use the same, either on, through, along, across, under or over the same, by any private corporation, association or individual shall be granted by the City Council for a longer period than thirty (30) years unless submitted to the vote of the legally qualified voters of the City; provided, however, that when any application is made for any greater grant of franchise, lease, right or privilege by any person or corporation, the Council shall submit it, at an election called for that purpose, the expense of which shall be borne by the applicant, and if the majority of the votes cast at said election shall be in favor of making the grant as applied for, said grant shall be  made for a term of years as specified in the ordinance calling said election.  (B) The City Council may, of its own motion, submit any franchise application to an election at which the people shall vote upon the proposition therein submitted, the expense of  such election to be borne by the applicant.  (C) No franchise shall ever be granted until it has been approved by a majority of the City Council, after having been read in full at two (2) regular meetings of the City Council, nor shall any such franchise, grant or privilege ever be made unless it provided for adequate  compensation or consideration therefore to be paid to the City.  SECTION. 10.02 Obligations of Franchisee  Every such franchise or grant shall make adequate provision, by way of forfeiture of the grant or otherwise, to secure efficiency of public service at reasonable rates and to maintain the property devoted to the public service in good repair throughout the term of the grant of said  franchise.  29    SECTION. 10.03. Exclusivity Prohibited  No franchise grant shall ever be exclusive. SECTION. 10.04. Forms, MethodofAccomting, Prescribed  The City Council may prescribe the forms and methods of the keeping of accounts of any grantees under franchise, provided that the forms and methods ofl keeping such accounts have not  already been prescribed by a state or federal agency.  ARTICLE. XI Miscellaneous  SECTIONII.0I Acquisition of Property  The City of Lancaster shall have the power and authority to acquire by purchase, gift, devise, deed, condemnation or otherwise, any character of property authorized by law to be used for public purposes, within or without its municipal boundaries, including any charitable or trust  funds.  SECTIONII.02 Public Property Exempt for Execution  No public property or any other character of property owned or held by the City of  Lancaster shall be subject to any execution or attachment of any kind or nature.  SECTIONII.03 City Funds. Not Subject to Garnishment  No funds of the City of Lancaster shall be subject to garnishment, and the City of  Lancaster shall never be required to answer to a garnishment proceeding.  SECTIONI1.04 Lialillyfor.Neglgenc:  (A) The City of Lancaster shall not be liable to any person for damages caused from streets, ways, crossings, bridges, culverts or sidewalks being out of repair because of negligence of said corporation unless the same shall have remained sO for ten (10) days after special notice  in writing is given to the Mayor and City Council.  (B) The City of Lancaster shall not be liable to any person for damages sustained in any park, playground or public building belonging to said City or because of any apparatus, furnishings, fixtures or improvements thereon or thereupon situated being defective or out of repair unless the same shall have remained sO for ten (10) days after special notice in writing is  given to the Mayor and City Council.  (C) Before the City of Lancaster shall be liable for any personal injury or death or for claims for damages or injury to real or personal property alleged to have been caused by the  30    negligent act or omission of any officer, agent or employee of the City, the person who has been injured, the person who may have a cause of action under the law by reason of such death or injury, the person whose property has been injured or damaged, or someone on his/her behalf, shall file a claim in writing with the City Secretary within six (6) months after said injury, death or damage has occurred, stating specifically when, where and how the injury, death or damage occurred, the full extent thereof, the amount of damages claimed or asserted, and the basis of liability on the part of the City. The person giving notice under this section shall give the address of every place that he/she has resided during the last six (6) months prior to the injury, death or damage and shall subscribe his/her name thereto. Neither the Mayor, City Councilmember, City Manager, City Secretary, City Attorney nor any other officer or employee of the City shall have authority to waive any of the provisions of this section, but the same may be waived only by unanimous vote of the City Council made and passed before the expiration of  said six (6) month period.  SECTIONII.0S City. Not Required to Give Bond  It shall not be necessary in any suit or proceeding in which the City of Lancaster is a party for any bond, undertaking or other security to be demanded or executed by or on behalfo of the City in any of the State courts, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as ifs such bond had been given, and the City ofLancaster shall be  liable asi if the security or bond had been duly executed. SECTIONII.06 Right of Eminent. Domain  The City of Lancaster shall have the right of eminent domain for public purposes whenever the governing authority shall deem it necessary; and to take any private property, within or without the City for any municipal purposes that may be authorized by law. The power herein granted for the purpose ofacquiring private property shall include, but not exclusively, the power ofimprovement and enlargement of water works, including water supply, riparian rights, standpipes, water sheds, dams, the construction of supply reservoirs, wells, parks, squares, pleasure grounds, and airports, and for the purpose of strengthening or improving the channel of any stream, branch, draw or drain, or the straightening or widening or extension of any street, alley, avenue, boulevard or other public highway. The City may exercise the power of eminent domain in any manner authorized or permitted by the Constitution and laws of this State ori in the manner and form that may be provided by ordinance of the City Council. The power of eminent domain hereby conferred shall include, the right of the governing authority of the City, when sO expressed, to take the fee in the land sO condemned, and such power or authority shall include  the right to condemn public property for such purpose.  31    ARTICLE. XII Construction  SECTION12.01 Interpretation  In interpreting the provisions of this Charter, the same should be construed as broadly as permitted under State law and the TEXAS CONSTITUTION to grant authority and not to limit  authority.  SECTION12.02 Use of Words  The use oft the singular number includes the plural, and the plural the singular, and words used in the masculine gender include the feminine also, unless by reasonable construction, it  appears that such was not the intention oft the language. SECTION. 12.03 Codification and Organization  The City Council may by Ordinance provide for the codifying, organizing, arranging, and numbering of any sections not approved by the voters, provided that such codifying, organizing, arranging, and numbering in no way alters the wording or intent of those sections.  ARTICLE XIII Historical Provision Vote On Proposed Charter  (A) The Charter shall be submitted to the qualified voters of the City ofLancaster for adoption or rejection on May 5, 1956, at which election, if a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall then immediately become the governing law of the City ofLancaster until amended or repealed.  (B) It being impractical to submit this Charter by sections, it is hereby prescribed that  the form ofballot to be used in such election shall be as follows, to-wit:  FOR THE. ADOPTION OF THE CHARTER. AGAINST THE ADOPTION OF THE CHARTER.  (C) The present City Council of the City of Lancaster shall call an election in accordance with the provisions of the general laws ofthe State governing elections, and the same shall be conducted and returns made, and results declared, as provided by the laws of the State of Texas governing municipal elections, and in case a majority of the votes cast at such election shall be in favor of the adoption of such Charter, then an official order shall be entered upon the  32    records of said City by the City Council of Lancaster declaring the same adopted, and the City Secretary shall record at length upon records oft the City, in a separate book to be kept in his/her office for such purpose, such Charter as adopted, and such secretary shall furnish to the Mayor a copy of the Charter, which copy of the Charter shall be forwarded by the Mayor as soon as possible, to the Secretary of State under the seal of the City together with a certificate showing  the approval of the qualified voters ofs such Charter.  Respectfully submitted, /s/F.M. Pain /s/J.B. Mays /s/. James A. Long /s/ Dan Blake /s/ C.C. O'Neal /s/ Mrs. John R. Dunn /s/ Robert R. Rogers /s/ Mrs. S.R. May, Jr. /s/1 E.J. Bruckner /s/ V.H. Post /s/ Stanley D. Clark /s/ Mrs. Dudley Chambers /s/1 Fred A. Hooser /s/ F.L. Brooks /s/1 R.M. Head  CHARTER REVISION COMMITTEE OF 1973-74  Lester Newton Fitzhugh, Chairman Elizabeth W. Armstrong John C. Buckwalter John Clary January 29, 1974. Don Welch, Chairman Ellen Clark Walter Arnold Charles Henderson Bob Borden Stanley Blanchard August 12, 1995.  Don G. Cleveland Altal Donohoo Kenneth E. Eskridge T.J. Gaither Don P. Teague Earl D. Chambers, Sr.  The above committee recommended the Charter Amendments which were adopted on  CHARTER REVISION COMMITTEE OF 1994-95  Alexis Kebrdle Brad Cune Charles Chapman Bob Mashburn Sandra Beal Sherita Titus Mike Mason Joe Whitley  The above committee recommended the Charter Amendments which were adopted on  33    CHARTER REVISION COMMITTEE OF 2006  Mayor Joe Tillotson Mayor Pro Tem Carol Strain Burk Councilmember C.R. "Dick" Headen Councilmember Susan Anderson Councilmember James Daniels Deputy Mayor Pro Tem Clyde C. Hairston Councilmember Kimberly Lankford  Marcus Knight Cornell Venters Gene Ernst Jackie Orr Cassandra Daniels Audley Logan Gloria White Marie Elliott November 7, 2006.  The above committee recommended the Charter Amendments which were adopted on  34