OE KERA  1889 TEXAS  CHARTER  OF THE CITY OF  KERRVILLE, EXAS    CITY OF KERRVILLE  CHARTER  MEMBERS OF THE CITY COUNCIL  BILL BLACKBURN  MAYOR  GARY COCHRANE  COUNCIMEMBEK, PLACE 1  KIM CLARKSON  COUNCIMIEMBEK, PLACE 2  JUDY EYCHNER  COUNCIMIEMBEK, PLACE 3  DELAYNE SIGERMAN COUNCILMEMBEK, PLACE 4  SHELLEY MCELHANNON, CITY SECRETARY  JANUARY 14, 2020    PARTI CHARTER  Article I. incorporation, Powers, and Territory Establishment and Purpose of the Charter Enumerated Powers not Exclusive..  Sec. 1.01. Sec. 1.02. Sec. 1.03. Sec. 1.04. Sec. 1.05. Sec. 1.06. Sec. 1.07.  Provisions Relating to. Assignment, Execution, and Garnishment... 1  Boundaries. Annexation ofTerritory Deannexation. Sale of Liquor Prohibited.  2 2 2  Article II. Governing Body  Sec. 2.01. Sec. 2.02. Sec. 2.03. Sec. 2.04. Sec. 2.05.  The City Council... Term of Office. Vacancies  2 2 3 3 4  Qualifications for Councilmembers Compensation for Councilmembers:  Article III. Procedures of the Council; Legislation Canvass of Election; Meetings of the Council, Boards, and Commissions; Compliance with Open/Meetings Act.  Sec. 3.01. Sec. 3.02. Sec. 3.03. Sec. 3.04. Sec. 3.05. Sec. 3.06. Sec. 3.07. Sec. 3.08.  4 4 5 5 5 5 6  Mayor and Mayor Pro Tem. City Secretary. Council Rules. Quorum.  Introduction and Passage of Ordinances and Resolutions Creation of Boards, Commissions, and Committees. Article IV. Nominations and Elections Election of Councilmembers by Plurality, places..  Publication of Penal Ordinances  Sec. 4.01. Sec. 4.02. Sec. 4.03.  Municipal Elections. Application for Candidacy.  7 7 7    Article V. Recall, Initiative, and Referendum  Sec. 5.01. Sec. 5.02. Sec. 5.03. Sec. 5.04. Sec. 5.05. Sec. 5.06. Sec. 5.07. Sec. 5.08. Sec. 5.09. Sec. 5.10. Sec. 5.11. Sec. 5.12. Sec. 5.13. Sec. 5.14. Sec. 5.15. Sec. 5.16.  General Authority Scope of Recall Petitions for Recall. Form and Content of Recall Petition. Recall; Petition; Procedure. Public Hearing for Recall. Calling of Recall Election. Ballots in Recall Election. Result of Recall Election Initiative; Petition; Procedure Form of Ballots  7 8 8 8 9 9 10 10 10 11 11 12 13 13 13 13  Commencement of Petition; Petitioner's Committee; Affidavit.  Referendum; Petition; Procedure; Effect Prior to Election.. Ordinances Passed by Popular Vote, Repeal or Amendment. Voluntary Submission ofLegislation by the City Council.. Publicity for Ordinances Submitted to Voters.  Article VI. Administrative Service  Sec. 6.01. Sec. 6.02. Sec. 6.03. Sec. 6.04. Sec. 6.05. Sec. 6.06. Sec. 6.07. Sec. 6.08.  City Manager. Qualifications Term and Removal.  14 14 14 15 16 16 16 17  General Powers and Duties of the Manager Council not to Interfere in Appointments or Removals. Right ofManager and Other Officers in Council. Administrative Departments. Investigations by Council or Manager  Article VII. City Attorney  Sec. 7.01.  City Atomey-qualncation:  17  Article VIII. Financial Management  Sec. 8.01. Sec. 8.02. Sec. 8.03. Sec. 8.04. Sec. 8.05. Sec. 8.06. Sec. 8.07.  Development and Submission of City Budget and Budget Message 17  Fiscal Year.. Budget..  18 18 19 19 20 21  City Council Action on Budget.. Appropriation and Revenue Ordinances. Amendments after Adoption Independent Audit    Article IX. Municipal Court  Sec. 9.01. Sec. 9.02.  Creation and Jurisdiction Municipal Court Judge  21 21  Article. X. Condemnation and Special Assessments Power of Condemnation and Special Assessments. Procedures for Condemnation and Assessing  Sec. 10.01. Sec. 10.02.  21 22  Article XI. Public Utilities  Sec. 11.01. Sec. 11.02. Sec. 11.03. Sec. 11.04. Sec. 11.05. Sec. 11.06. Sec. 11.07. Sec. 11.08. Sec. 11.09.  Franchises-Powers of the City Council Term and Plan of Purchase. Right of Regulation Consent of Property Owners. Revocable Permits. Extensions Other Conditions. Franchise Records  22 22 22 23 23 23 24 24 24  Accounts of Municipally Owned Utilities.  Article XII. Miscellaneous Provisions  Sec. 12.01. Sec. 12.02. Sec. 12.03. Sec. 12.04. Sec. 12.05. Sec. 12.06. Sec. 12.07. Sec. 12.08. Sec. 12.09.  Publicity of Records. Personal Financial Interest Official Bonds Oath of Office.  24 24 25 25 25 25 26 26 26  Power of the City to Enforce Ordinances Review of Charter; Charter Review Commission Rearrangement and Renumbering Meaning of Words and Designations.  Savings Clause    ARTICLEI. INCORPORATION, POWERS,  AND TERRITORY  Section 1.01. Establishment and Purpose of the Charter.  We the people of the City of Kerrville, Texas, under the constitution and laws of the State of'Texas, in order to secure the benefits oflocal self-government and to provide for an honest and accountable council-manager government do hereby adopt this Charter and confer upon the City the following powers, subject to the following limitations, and prescribed by the following procedures and government structure. By this action, we secure the benefits of home-rule and affirm the values of representative democracy, professional management, strong leadership, citizen  participation, and regional cooperation.  Section 1.02. Enumerated Powers not Exclusive.  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, iti is intended that the City of Kerrville shall have, and may exercise, all powers of local sell-government, provided by the Constitution and laws of the State of Texas, as it is competent for this Charter to specifically 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 of the Council. Section 1.03. Provisions Relating to Assignment, Execution, and  Garnishment.  The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any writ of execution or costl bill. The: funds belonging to the City, in the hands of any person, firm or corporation, shall not be liable to garnishment; nor shall the City be liable to garnishment on account of any debtit may owe or funds or property it may have on hand or owing to any person. Neither the City nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The City shall not be obligated to recognize any assignment of  wages or funds by its employees, agents, or contractors.  Section 1.04. Boundaries.  The boundaries of the City of Kerrville are hereby established by the official map  which is on file in the City Secretary's Office at City Hall.  Charter City of Kerrville, Texas Page 1 of27    Section 1.05. Annexation ofTerritory.  The City Council may by ordinance annex territory lying adjacent to the City, with or without the consent of the inhabitants in such territory, or owners thereof, not inconsistent with the Constitution and Statutes of the State of Texas or the United  States of America.  Section 1.06. Deannexation.  Whenever there exists within the corporate limits of the City of Kerrville any territory not suitable or necessary for City purposes, the Council may, upon a petition signed by a majority of the qualified voters residing in such territory, if the same be inhabited, or without any such petition if the same be uninhabited, by ordinance duly passed by a majority vote of all the Councilmembers, discontinue said territory as a part of said City; said petition and ordinance shall specify accurately the metes and bounds of the territory sought to be eliminated from the City and shall contain a plat designating such territory sO that the same can be definitely ascertained; and when said ordinance has been duly passed, the same shall be entered upon the minutes and records of said City, and from and after the entry of such ordinance, said territory shall cease to be a part of said City, but said territory shall still be liable for its pro rata share of any debts incurred while said area was a part of said City.  Section 1.07.-S Sale of Liquor Prohibited.  The City may regulate or otherwise prohibit the sale of liquor in all or part of the residential areas of the City as authorized by this charter provision and State law.  ARTICLE II. GOVERNING: BODY  Section 2.01. The City Council.  Except as otherwise provided in this Charter, all powers of the City shall be vested in a Council of five (5) members, to be known as the Kerrville City Council. The members ofthe Council shall be elected from the City ofl Kerrville atl large: in a manner prescribed elsewhere in this Charter without party or partisan mark or designation. The Mayor is a member of the Council and may be referred to in this Charter as a  Councilmember."  Section 2.02. Qualifications for Councilmembers.  Each member of the City Council, in addition to having other qualifications required  by law: Charter City of Kerrville, Texas Page 20 of27    a. Shall be a qualified voter of the State ofTexas; b. Shall be at least eighteen (18) years of age;  C. Shall be a resident of the City for at least twelve (12) consecutive months preceding the election day; provided, however, that any person who shall have been a resident for a period of not less than twelve (12) consecutive months immediately preceding the election of any territory not formerly within the corporate limits of the City, but which is annexed under the provision of this d. Shall not hold any other elected office or employment under the City government while a member of the Council, except a member of the City Council may be appointed by the City Council to represent the Council on any board, commission, committee, organization or entity in the Council's sole discretion sO long as that person's service does not extend beyond the person's e. Att the time that a candidate's application for a place on thel ballotis submitted, or thereafter, such candidate shall not be related within the second degree of affinity or third degree of consanguinity to anyone employed by the City and who holds an executive position with the City, which is defined as the head of any department or division within the City. The City Manager shall indicate  charter, shall be eligible for said office;  term of office.  such positions within his or her budget.  Section 2.03. Term of Office.  a. The members oft the City Council shall hold their offices for a term oft two years and until their successors have been elected and duly qualified in accordance with this Charter. Five Councilmembers will be elected at large, two in one year for Places One and Two, and the following year, three will be elected for b. No Councilmember may serve more than three (3) full terms in succession. Any Councimember, upon filing an application to run for mayor, shall have automatically resigned his or her office effective on the day following the  Places Three; Four and Mayor, respectively.  canvass for such election. Section 2.04. Vacancies.  Vacancies in the City Council, including a vacancy resulting from a recall election, shall be filled by the Council for the remainder of the unexpired term. The Council  Charter City of Kerrville, Texas Page 30 of27    shall appoint a qualified elector to fill a vacancy within forty-five (45) days after such vacancy occurs, as determined by state law. For purposes of this section and the Charter, a "qualified elector" or "qualified voter" means a "registered voter" in  accordance with state law.  Section 2.05. Compensation for Councilmembers.  Councilmembers shall serve without an established salary; however, they will be authorized to: receive the sum of $25.00 for each Council meeting in which they attend to off set the out-of-pocket" expenses incurred. The expense fees are not to be construed as being a salary, but an authorized allowance for each regular meeting. Councilmembers may be reimbursed for other reasonable expenses directly associated with their service to the City, subject to controls established by the  Council.  ARTICLE III. PROCEDURES OF THE COUNCIL; LEGISLATION  Section 3.01. Canvass of Election; Meetings of the Council, Boards, and Following each municipal election, the Council shall meet at the usual place for holding its meetings, canvass the election in accordance with state. law, and the newly elected members shall assume the duties of office without party or partisan mark or designation. Council shall meet at such times as may be prescribed by ordinance or resolution, but not less frequently than once each month. Special meetings shall be called by the City Secretary upon request of the Mayor, the City Manager, or a majority of the members of the Council. Any such notice shall state the subject or subjects that shall be considered. All meetings of the Council shall be open to the public, and the rules of the Council shall provide that the citizens of the City shall have a reasonable opportunity to be heard at any such meetings in regard to any matter considered; but the Council may by a majority vote of all the members authorize a closed meeting. Council and its boards, commissions, and committees shall comply fully with the provisions of the Texas Open Meeting Act as amended.  Commissions; Compliance with Open Meetings Act.  Section 3.02. Mayor and Mayor Pro Tem.  Following the canvass of a regular election, the Council shall choose one of its members (other than the Mayor) as Mayor Pro Tem. The Mayor shall preside at meetings of the Council and shall exercise such other powers and perform such other duties as are or may be conferred and imposed upon him or her by this Charter and the ordinances of the City. He or she shall be recognized as the head of the City government for all ceremonial purposes, by the courts for serving civil processes, and by the Governor for purposes of military law. In time of public  Charter City of Kerrville, Texas Page 4 of27    danger or emergency, the Mayor is authorized to acti in accordance with federal and state law and City policy. If a vacancy occurs in the Office of Mayor, the Council shall appoint a successor Mayor for the remaining term, in accordance with Section 2.04. Ifthe Mayor is absent or incapacitated such that he or she is unable toj perform the duties of office, the Mayor Pro Tem shall act as Mayor for the duration of the period of such absence or disability. If the Mayor Pro Tem is also absent or disabled, then the Council shall elect a Presiding Officer to act in the place of the  Mayor Pro Tem.  Section 3.03. City Secretary.  The City Manager shall appoint a City Secretary who shall perform such  administrative duties as may be delegated by the City Manager.  Section 3.04. Council Rules.  The Council shall be the judge of the election and qualifications of its members, and in such cases, shall have the power to subpoena witnesses and compel the production ofall pertinent books, records, and papers; but the decision ofthe Council in any such case shall be subject to review by the courts. The Council shall determine its own rules and order ofbusiness and keep a journal ofits proceedings. It shall have power toc compel the attendance of absent members, may punish its members for disorderly behavior, and by vote of not less than a majority of all its members, expel from a meeting a member for disorderly conduct for the violation ofits rules; but no member shall be expelled from a meeting unless notified of the charge against him and given  an opportunity to be heard in his own defense.  Section 3.05. Quorum.  Except as otherwise allowed by state law, a majority of all the members oft the Council shall constitute a quorum to do business, but a less number may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of a majority of all the members of the Council shall be necessary to adopt any ordinance, resolution, or order; except that a vote to adjourn, or an action regarding the attendance ofa absentmembers, may be adopted by a majority oft the: members present. No member may be excused from voting except when such member has a conflict of Section 3.06. Introduction and Passage of Ordinances and Resolutions. a. Ordinances and resolutions shall be introduced only in written form. All ordinances, except ordinances making appropriations and ordinances codifying or rearranging existing ordinances or enacting a code of ordinances, shall be  interest as defined by law.  Charter City of Kerrville, Texas Page 50 of27    confined to one subject, and the subject of all ordinances shall be clearly expressed in the title. Ordinances making appropriations shall be confined to the subject of appropriations. No ordinance shall be passed until it has been read and voted upon in at least two regular meetings, except an emergency measure. The final reading of each ordinance shall be in full unless a written or printed copy thereof shall have been furnished to each member of the Council prior to such reading. The "yeas" and "nays" shall be taken upon the passage of all ordinances and resolutions and entered upon the journal of the proceedings of the Council. The enacting clause of all ordinances shall be, "Be itc ordained by the City Council of the City of Kerrville, Kerr County, Texas." b. An ordinance shall take effect upon final passage unless indicated otherwise C. Upon its final passage, each ordinance and resolution shall be authenticated by the signatures of the Mayor or Presiding Officer and of the City Secretary, and shall be systematically recorded as provided by Ordinance. d. An emergency measure" is an ordinance or resolution to provide for the immediate preservation of the public peace, property, health, or safety, in which the emergency claimed is set forth and defined in the preamble thereto. The affirmative vote of at least a majority of all members of the Council shall be required to pass any ordinance or resolution as an emergency measure. No measure making or amending a grant, renewal or extension of a franchise or other special privilege, shall ever be passed as an "emergency measure."  in the ordinance.  Section 3.07. Publication of Penal Ordinances.  Each adopted penal ordinance, or its caption and penalty, shall be published one time in a newspaper of general circulation which is published in the City. The City shall also provide notice of the adoption of the ordinance at the City's website. Such ordinance sO published in the newspaper shall take effect and be in force, from and after ten (10) days after publication thereof, unless a later time is expressly provided. Section 3.08. Creation of Boards, Commissions, and Committees. The City Council may create and provide for such Boards, Commissions, and/or Committees as the City Council may deem appropriate or necessary.  Charter City of Kerrville, Texas Page 6of27    ARTICLE V.NOMINATIONS AND  ELECTIONS  Section 4.01.- Municipal Elections. the laws of the State of Texas.  All City elections shall be governed, except as otherwise provided by the Charter, by  Section 4.02. - Election of Councilmembers by Plurality, places.  There will be five places: One, Two, Three, Four, and Mayor. At the regular municipal election, the voters may vote for one candidate for each place listed on the ballot. The candidate for each place listed on the ballot who receives the greatest number of votes for that place cast in such election shall be declared elected; and in  case of a tie vote, by lot.  Section 4.03.- - Application for Candidacy.  Any person, who lawfully qualifies and is a registered voter, may file an application for election for a Place on the City Council. The name of such candidate and Place for which he is filing will be affixed by the City Secretary at the time of issuance of an application form. Such application mustinclude a petition signed by not. less than 100 qualified and registered voters of the City. The application and the signatures thereon as well as the affidavits of the circulators must meet the requirements of state. law. All papers comprising an application must be assembled and filed with the City Secretary in accordance with state law. Signatures are not required where the application includes a filing fee of $100.00. The City Secretary shall review the petition as required by state law and if the petition is found to be insuficient, the City Secretary shall immediately notify the person who filed it, with a written statement certifying why the petition is found to be "insufficient." Within the time authorized by state law such a petition may be amended and filed again as a new petition, or a different petition may be: filed for the same candidate. Ifthe application complies with this section and state law, the City Secretary shall place such name on the ballot. Application and petition forms must be obtained from the City Secretary,  as they are promulgated by the Texas Secretary of State.  ARTICLE V. RECALL, INITIATIVE, AND REFERENDUM  Section 5.01. General Authority.  a. Recall. The qualified voters of the City shall have the power to petition for  recall of the Mayor or any member of the City Council  Charter City ofKerrville, Texas Page 7of27    b. Initiative. The qualified voters of the City shall have power to propose ordinances to the City Council. Such power shall not extend to the budget, capital program, or appropriation C ofmoney, issuance of bonds, setting of utility rates, levy of taxes, annexations, salaries of City officers or employees, or any other ordinance not subject to: initiative as provided by state law. C. Referendum. The qualified voters of the City shall have power to require reconsideration by the City Council of any adopted ordinance. Such power shall not extend to the budget, capital program, relate to the appropriation of money, issuance of bonds, setting of utility rates, levy of taxes, annexations, salaries of City officers or employees, or any other ordinance not subject to  referendum as provided by state law.  Section 5.02. Commencement of Petition; Petitioners' Committee; Affidavit. Any three (3) qualified voters of the City may commence recall, initiative, or referendum proceedings by filing with the City Secretary an affidavit stating they will constitute the petitioners committee and be responsible for preparing and circulating the petition and filingi itin proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent and naming the Councimember(8) to be recalled or setting out in full the proposed initiative ordinance or citing the ordinances sought to be reconsidered.  Section 5.03. Scope of Recall. qualified voters oft the City. Section 5.04. Petitions for Recall.  Each Councilmember shall be subject to recall and removal from office by the  Before the question of recall of a Councilmember shall be submitted to the qualified voters of the City, a petition demanding such question to be sO submitted shall first be filed with the City Secretary. The petition must contain the number of valid signatures of qualified voters totaling the greater of (a) five percent (5%) of the registered voters entitled to vote at the last City election or (b) thirty-five percent (35%) of the number of persons who voted in the most recent City election. Each signer of such recall petition shall personally sign their name thereto and shall write after their name their place of residence, giving the name of the street and the number, and shall also write thereon the day, the month, and the year their signature  was affixed.  Charter City of Kerrville, Texas Page 8 of27    Section 5.05. Form and Content of Recall Petition.  All papers of a petition shall be uniform in size and style and shall be assembled as one: instrument for filing. Each signature shall comply with Chapter 277 of the Texas Election Code as it may be amended. The petition shall be addressed to the City Council and the content shall distinctly and specifically point to the ground(s) upon which such petition for removal is predicated. Further, said petition shall state distinctly and specifically the alleged action(s) and the factual circumstance(s) surrounding such action(s) taken by the Councilmember that warrant the charge as to give the Councilmember sought to be removed notice of the matter(s) and thing(s) with which the officer is charged. The signatures shall be verified by oath in the  following form: STATE OF TEXAS COUNTY OF KERR  I,  being first duly sworn, on oath depose and say that I am one of the  signers of the above petition, and that the 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 I solemnly swear that the same is the genuine  signature of the person it purports to be.  Signature  Sworn and subscribed before me this NOTARY PUBLIC, STATE OF TEXAS  day of  20.  My commission expires:  Section 5.06. Recall; Petition; Procedure.  a. Certificate of City Secretary. Within thirty (30) days after the petition is filed, the City Secretary shall complete a certificate as to its sufficiency or insufficiency as mandated herein, specifying, if it is insufficient, the particulars wherein it is defective and shall within that thirty (30) day period send a copy of the certificate to the petitioners committee by certified mail or b. Amendment. If the City Secretary finds a petition insufficient for lack of the required number ofvalid signatures, thej petitioner may file one supplementary petition by the deadline in accordance with state law and Sections 5.04 and 5.05. The City Secretary shall notify the petitioner as to the sufficiency of the  by hand delivery to a committee member.  Charter City of Kerrville, Texas Page 9of27    petition not later than the fifth regular business day after the date of its C. Presentation to Council. When a recall petition has been fully determined sufficient, the City Secretary shall present the petition to City Council at its next regular meeting. Ifa petition or amended petition is certified insufficient and the petitioners committee does not elect to amend within the time required, the City Secretary shall at the next regular Council meeting present such certificate to the Council who shall then make the final determination as  receipt.  to whether or not the petition is insufficient. Section 5.07. Public Hearing for Recall.  The Councilmember whose removal is sought may, within five (5) days after such recall petition has been presented to the City Council, request that a public hearing be held to permit the Councilmember to present the facts pertinent to the charges specified in the recall petition. In this event, the City Council shall order such public hearing to be held, not less than five (5) days nor more than fifteen (15) days after  receiving such request for a public hearing. Section 5.08. Calling of Recall Election.  Ifthe Councilmember whose removal is sought does not resign, then the City Council shall for the next available election date, order an election for holding such recall election. If, after the recall election date is established, the Councilmember vacates the office, the election shall be cancelled, in accordance with state law.  Section 5.09. Ballots in Recall Election.  Ballots used at: recall elections shall conform to the following requirements:  a. With respect to the Councilmember whose removal is sought, the question  shall be submitted: "Shall recall?"  be removed from the office of  by  b. Immediately below each such question, there shall be printed the following  words, one above the other, in the orderindicated:  "Yes" "No"  Charter City of Kerrville, Texas Page 10of27    Section 5.10. Result of Recall Election.  a. Ifa majority of the votes cast at a recall election shall be "No", that is against the recall oft the Councilmember named on the ballot, the Councilmember shall continue in office for the remainder of his/her unexpired term, subject to recall as provided herein. Ifa majority of the votes cast at such election be "Yes", that is for the recall of the Councilmember named on the ballot, the Councilmember shall, regardless of any technical defects in the recall petition, be deemed removed from office upon passing of the resolution canvassing the election, and the vacancy shall be filled in b. Where a vacancy(s) occurs due to a recall election, the remaining Councilmembers, including where the remaining Councilmembers number two or less, shall appoint a qualified elector(s) for the recalled place(s), which such person(s) may serve only C.A Councilmember who is recalled is not eligible for appointment to Council in the period between the recall vote and the next election or, qualified for placement on the  accordance with Section 2.04 above.  through the remainder of the unexpired term.  ballot for the immediately ensuing election. Section 5.11. Initiative; Petition; Procedure.  a. Qualified voters oft the City mayinitiate legislation by ordinance by submitting a petition addressed to the City Council, which requests the submission of the proposed ordinance to a vote of the qualified voters of the City. The City Attorney shall review the petition for enforceability and legality. Said petition must contain the number of valid signatures totaling the greater of (a) five percent (5%) of the registered voters entitled to vote at the last City election or (b) thirty-five percent (35%) of the number of persons who voted in the most recent City election. Each copy of the petition shall have attached toi it a copy of the full text of the proposed ordinance. The petition, its form and content, shall be the same as for recalls as provided in Section 5.05 above. The certification of the City Secretary, and any amendment to the petition and its presentation to City Council shall be the same as for recalls as provided in b. When an initiative petition has been fully determined sufficient, City Council shall at its next regular meeting consider the proposed initiative ordinance. Upon presentation to the Council, Council shall, within sixty (60) days after the date the petition was finally determined sufficient and in accordance with the procedure required in Section 5.06 above, either pass and adopt such ordinance without alteration as to meaning or effect, or call for an election, to be held on a date allowed under the' Texas Election Code, at which the qualified  Section 5.06 above.  Charter City of Kerrville, Texas Page 11 of27    voters of the City shall vote on the question of adopting or rejecting the proposed ordinance. Unless otherwise provided by law, any election for an initiative under this Charter shall be held on the first authorized uniform election date that occurs after the seventieth (70th) calendar day after the City C. Ifa majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification oft the election results and shall be treated in all respects in the same manner as ordinances ofthe same kind adopted by the Council. Ifconflicting ordinances are approved at the same election, the one: receiving the greatest number ofa affirmative votes  Council's decision to submit the ordinance to the voters.  shall prevail to the extent of such conflict.  Section 5.12. Referendum; Petition; Procedure; Effect Prior to Election. a. Qualified voters of the City may: require that any ordinance, with the exception of ordinances dealing with any budget or any capital program, or relating to appropriation of money, issuing of bonds, setting of utility rates and levy of taxes or salaries of City officers or employees, or any other ordinance not subject to referendum as provided by state statute or case law, passed by the City Council be submitted to the voters ofthe City for approval or disapproval, by submitting a petition for this purpose within thirty (30) days after the date the ordinance sought to be reconsidered was adopted. Said petition must contain the number of valid signatures totaling the greater of (a) five percent (5%) ofthe registered voters entitled to vote at the last City election, (b) thirty- five percent (35%) of the number of persons who voted in the most recent City election. The petition, its form and content, shall be the same as for recalls as provided in Section 5.05 above. The certification of the City Secretary, any amendment to the petition and its presentation to City Council shall be the same as for recalls as provided in Section 5.06 above. Council shall either repeal the referred ordinance or submit the referred ordinance to the qualified voters of the City at the next uniform election date as authorized by law. b. Pending the holding of such election, the ordinance 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. Any election for a referendum under this Charter shall be heldi in accordance with state law on the first authorized uniform election date after the decision by the City C. Ifa majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election  Council.  results. Charter City of Kerrville, Texas Page 120 of27    Section 5.13. Form of Ballots.  The ballots used when voting upon initiative or referendum shall set forth their nature sufficiently to identify them and shall also set forth, upon separate lines, the  words:  "For the Ordinance" "Against the Ordinance"  Section 5.14. Ordinances Passed by Popular Vote, Repeal or Amendment. No ordinance which may have been passed by the City Council upon a petition or adopted by popular vote under the provisions of this Article may be repealed or amended by the City Council for a period of six (6) months from the date said ordinance became effective. An ordinance which may have been passed by the City Council upon a petition or adopted by popular vote under thej provisions oft this Article may be repealed or amended at any time in response to a referendum petition or by Section 5.15. Voluntary Submission ofI Legislation by the City Council. The City Council, upon its own motion and by the affirmative vote of a majority oft the full membership ofthe Council, may submit to popular vote at an 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 ofinitiative and referendum petitions, and may, at its discretion, call for an election for this purpose on an authorized uniform election date as provided by state law. Section 5.16. Publicity for Ordinances Submitted to Voters.  submission as provided by Section 5.16 below.  The City Secretary, at least fifteen (15) days before any election at which any ordinance is to be submitted to the voters, shall have printed in a newspaper of general circulation published in the City the caption of all ordinances submitted. The full text of all ordinances shall be made available for public review in the office of the City Secretary, at the City's library, and linked on the City's website. The text of every ordinance shall also be displayed at the polling place in such election; but the validity of an ordinance approved by the electors shall not be questioned because of  errors or irregularities in publication or display.  Charter City of Kerrville, Texas Page 13of27    ARTICLE VI. ADMINISTRATIVE SERVICE  Section 6.01. City Manager.  The Council shall appoint an officer whose title shall be City Manager and who shall be chief executive and the head of the administrative branch of the City government. By written notice to City Council, the City Manager shall designate, a qualified City executive to exercise the powers and perform the duties of city manager during periods of his or her temporary absence or disability. The Council may annul such designation at any time and appoint another City executive to serve until the City Manager returns toj perform his or her duties. The City Council shall annually review the performance of the City Manager, and the City Manager shall receive such  compensation as may be fixed by the City Council.  Section 6.02. qualifications.  The City Manager shall be chosen by the Council solely on the basis ofhis executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment, he need not be a resident oft the City or state, but during his tenure of 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 year has elapsed following the expiration  of the term for which he was elected. Section 6.03. Term and Removal.  The City Manager shall hold his office subject to the provisions set forth below, at the will and pleasure of the City Council. A majority of the members of the City Council may remove the City Manager, except that no City Manager who has been in the service of the City for more than one year prior to a regular City election shall be removed within sixty (60) days subsequent to such election except by a four-fifths vote of the members of the City Council. If removed at any time after he has served six months, the City Manager may demand a hearing at a public meeting of the City Council prior to the date on which his final removal shall take effect, but pending and during such hearing the City Council may suspend him from office. The action of the City Council in suspending or removing the City Manager shall be final, since it is the intention of this Charter to vest all authority and fix all responsibility for any  such suspension or removal wholly in the City Council.  Charter City of Kerrville, Texas Page 14of27    Section 6.04. General Powers and Duties of the Manager.  The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the manager's charge by or a. Appoint and suspend or remove all City employees and appointive administrative officers provided for by or under this Charter, except as otherwise provided by law or this Charter. The City Manager may authorize any administrative officer subject to the manager's direction and supervision to exercise these powers with respect to subordinates in that officer's b. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; C. Attend all City Council meetings. The City Manager shall have the right to d. See that all laws, provisions of this Charter and acts of the City Council, subject to enforcement by the City Manager or by officers subject to the e. Prepare and submit the annual budget and capital program to the City Council, and implement the final budget approved by Council to achieve the . : Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each g. Make such other reports as the City Council may require concerning h. Keep the City Council fully advised as to the financial condition and future Make recommendations to the City Council concerning the affairs of the City and facilitate the work of the City Council in developing policy; Provide staff support services for the Mayor and Councilmembers;  under this Charter. The City Manager shall:  department, office, or agency;  take part in discussion but shall not vote;  manager's direction and supervision, are faithfully executed;  goals of the City;  fiscal year; operations;  needs of the City;  Charter City of Kerrville, Texas Page 15of27    k. Assist the Council to develop long-term goals for the City and strategies to 1. Encourage and provide staff support for regional and intergovernmental m. Promote partnerships among Council, staff, and citizens in developing public n. Perform such other duties as are specified in this Charter or may be required  implement these goals;  cooperation;  policy and building a sense of community; and  by the City Council.  Section 6.05. Council not to Interfere in Appointments or Removals. Neither the Council nor any ofits committees or members shall direct or request the appointment of any person to, or his removal from, office by the City Manager or any ofhis subordinates; or, except as is or may be otherwise provided under the terms of this Charter, in any manner take part in the appointment or removal of officers and employees in the administrative service oft the City. Except for the purpose ofinquiry, the Council and its members shall deal with the administrative service solely through the Manager, and neither the Council nor any member thereof shall give orders to any subordinate oft the City Manager either publicly or privately. Any violation ofthe provisions of this section by a member of the Council shall subject him to whatever discipline the: remaining members oft the Council may under the terms of Section 3.04  see fit to impose upon him.  Section 6.06. Right of Manager and Other Officers in Council.  The City Manager, and such department heads and other officers of the City may be designated by vote of the Council, shall be entitled to seats in the Council except at executive meetings, but shall have no vote therein. The Manager shall have the right to take part in the discussion of all matters coming before the Council, and such department heads and other officers who by designation of the Council are entitled to seats in the Council, shall be entitled to take part in all discussions of the Council  relating to their respective departments and offices. Section 6.07.Administrative Departments.  The City Manager shall have the responsibility to organize the various departments within the City as may be needed to fulfill the requirements and needs of the City,  subject to the approval of the City Council.  Charter City of Kerrville, Texas Page 16 of27    Section 6.08. Investigations by Council or Manager.  The Council or the Manager shall have power to inquire into the conduct of any department, office or officer of the City, and to make investigations as to municipal affairs, and for that purpose only, the Council or the Manager may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence, and it shall be the duty of the City Manager to designate a police officer to  serve such subpoena.  ARTICLE VII. CITY ATTORNEY  Section 7.01. City Atorney-qualification:  a. The City Council shall appoint a licensed attorney of the State of Texas to be the City Attorney. The City Attorney shall review all contracts and other instruments in writing in which City Council is concerned, endorse approval of the form and correctness of such, and perform other duties of a legal nature as may be determined by City Council. The City Attorney shall receive for services such compensation as may be fixed by City Council for regular and special duties and shall hold office at the pleasure of Council. The City Attorney, or such other assistant attorneys selected by the City Attorney with the approval of City Council, shall represent the City in all legal matters, to b. The City Council or the City Attorney, following written notice to Council, may engage legal counsel at any time it deems necessary and appropriate. C. At least annually, City Council shall review the performance of the City d. City Council may not remove a City Attorney who has been in the service of the City for more than one year prior to a regular City election within sixty (60) days subsequent to such election except by a four-fifths vote of the  include prosecution within municipal court.  Attorney.  members of City Council.  ARTICLE VIII. FINANCIAL MANAGEMENT  Section 8.01. Development and Submission of City Budget and Budget a. Development. The City Manager shall prepare each year a budget to cover all proposed expenditures of the government of the City for the succeeding year. Such budget shall be carefullyitemized sO as to make as clear a comparison as  Message.  Charter City of Kerrville, Texas Page 17of27    practicable between expenditures included in the proposed budget and actual expenditures for the same or similar purposes for the preceding year. The budget shall also show as definitely as possible each of the various projects for which appropriations are set up in the budget, and the estimated amount of money carried in the budget for each of these projects. The budget shall also contain funds received from all sources during the previous year, the funds available from all sources during the ensuing year, the estimated revenue available to cover the proposed budget, and the estimated rate of tax which b. Accounting Practices. The City Manager shall prepare and present the budget according to budget award guidelines currently established by the Government C. Submission. On or before the 31st day of July of each year, the City Manager shall submit to the City Council and City Secretary a budget for the ensuing fiscal year and an accompanying budget message. The full text ofthe proposed budget and message shall be made available for public review in the office of the City Secretary, at the City's library, and prominently linked on the City's  will be required.  Finance Officers Association, or its successor organization.  website.  Section 8.02. Fiscal Year.  The fiscal year of the City government shall begin on the first day of October each year and shall end on the last day of September the following year. Such year shall  constitute the budget year of the City government. Section 8.03. City Council Action on Budget.  a. Notice and Hearing. The City Council shall publish the general summary of 1. The times and places where copies oft the message and budget are available 2. The time and place, not less than two weeks after such publication, for a b. Amendment Before Adoption. After the public hearing, the City Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service  the budget and a notice stating:  for inspection by the public, and public hearing(s) on the budget.  or for an estimated cash deficit.  Charter City of Kerrville, Texas Page 18 of27    C. Adoption. The City Council shall adopt the budget on or before the 30th day of September of the fiscal year currently ending. Ifit fails to adopt the budget by this date, the budget proposed by the City Manager shall go into effect. d. "Publish" defined. As used in this section and this article, the term "publish" refers to making the information available on the City's website and otherwise complying with state law. In addition, the budget shall be made available in  the office of the City Secretary and in the City's library.  Section 8.04. Budget.  The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall bei in such form as the City Manager deems desirable for effective management and an understanding of the relationship between the budget and the City's strategic goals. The budget shall begin with a clear general summary of its contents; shall show in detail all estimated income, indicating the proposed property tax levy; all proposed expenditures, and debt service for the ensuing fiscal year; and shall be SO arranged as to show comparative figures for income and expenditures of the current and a. Proposed revenues and expenditures for current operations during the ensuing b. Proposed goals and performance measures for each operational department;  preceding fiscal year. It shall indicate in separate sections:  fiscal year for each City fund;  and  Proposed long term financial planning in the form of a five year forecast of revenues and expenditures for the General and Water Funds and at least five years of capital project expenditures and associated financing sources;  Section 8.05. Appropriation and Revenue Ordinances.  Toimplement the adopted budget, the City Council shall adopt, prior to the beginning a. an appropriation ordinance making appropriations by department, fund, or other organizational unit and authorizing an allocation for each program or b. a tax levy ordinance authorizing the property tax levy or levies and setting the  of the fiscal year.  activity; and tax rate or rates.  Charter City of Kerrville, Texas Page 19 of27    Section 8.06. Amendments after Adoption.  a. Supplemental Appropriations. If during or before the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council by ordinance may make supplemental appropriations for the year up to the amount of such excess. b. Emergency Appropriations. To address a public emergency affecting life, health, property, or the public peace, the City Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of Section 3.06 above. To the extent that there are no available unappropriated revenues or a sufficient fund balance to meet such appropriations, the Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year shall be paid or refinanced as long-term debt not later than the last day of the fiscal year next succeeding C. Reduction of Appropriations. If at any time during the fiscal year it appears probable to the City Manager that the revenues or fund balances available will be insufficient to finance the expenditures for which appropriations have been authorized, the manager shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial action taken by the manager and recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it may by d. Transfer of Appropriations. The City Manager may transfer appropriated funds among line items within a fund as. long as the transfer results in a $0.00 e. Limitation; Effective Date. No appropriation for debt service may be reduced or transferred, except to the extent that the debt is refinanced and less debt service is required, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this  that in which the emergency appropriation was made.  ordinance reduce or eliminate one or more appropriations.  net impact to the fund.  section may be made effective immediately upon adoption.  Charter City of Kerrville, Texas Page 20of27    Section 8.07. Independent Audit.  As soon as practicable after the close of each fiscal year, an independent audit shall be made of all accounts of the City government by certified public accountants, to be selected by the Council, who have no personal interest directly or indirectly in the financial affairs of the City government. The results of this audit shall be  published: limmediately upon its completion.  ARTICLE IX. MUNICIPAL COURT  Section 9.01. Creation and Jurisdiction.  There is hereby established a Municipal Court ofthe City of] Kerrville, Texas, which shall have such jurisdiction and powers as are given and prescribed by the laws of  Texas.  Section 9.02. Municipal Court Judge.  The Municipal Judge, whether one or more, shall preside over thel Municipal Court. He or she shall be appointed by the City Council and must be a qualified attorney who is duly licensed to practice law within the State of' Texas. The Judge shall be appointed for a term not to exceed two (2) years, and shall hold office at the pleasure of the City Council. If for any reason the Judge shall temporarily fail to act, the Mayor or Mayor Pro Tem of the City is hereby authorized to appoint a replacement who shall act in the place of the Judge and who shall have all of the powers and discharge all of the duties of said office. During either twelve (12) month period beginning at the date of appointment, more than two (2) consecutive or six (6) total absences over and above prior approved vacation and sick leave, shall be cause for automatic removal from office by the City Council. The Judge, or anyone acting in his place, shall receive such compensation as may be determined  by the City Council.  ARTICLE) X. CONDEMNATION AND SPECIAL ASSESSMENTS  Section 10.01. Power of Condemnation and Special Assessments. The City Council shall have the power, not inconsistent with state laws, as amended from time to time, to acquire property by condemnation and to provide payment ofa all or part of the costs of public improvements by levying and collecting  ofs special assessments upon properties specially benefited.  Charter City of Kerrville, Texas Page 21 of27    Section 10.02. Procedures for Condemnation and Assessing.  The City Council, through the passing of ordinances as may be required, shall formulate the procedures for condemnation and for assessing and collecting special  assessments.  ARTICLE XI. PUBLIC UTILITIES  Section 11.01. Franchises-Powers of the City Council.  The City Council shall have power by ordinance to grant, amend, renew, and extend all franchises, and to regulate all public utilities of every character within the City of Kerrville, and for such purposes is granted full power. No public utility franchise shall be transferred except upon the approval of the City Council expressed by ordinance; and copies of all transfers and mortgages or other documents affecting the title or use of] public utilities shall be: filed with the City Manager within ten (10) days after the execution thereof. Such franchise shall not bei transferred indirectly through the acquisition of the capital stock of the grantee company by another corporation, except through the approval by City Council and the filing of all documents relating tot the purchase of such stock, including the corporation affiliations of the purchasing  company.  Section 11.02. Term and Plan of Purchase.  Any public utility franchise may be terminated by ordinance at specified intervals of not more than five (5) years after the beginning of operation, whenever the City shall determine to acquire by condemnation or otherwise the property of such utility necessarily used in or conveniently useful for the operation thereof within the City limits. The method of determining the price to be paid for the public utility property  shall be fixed in the ordinance granting the franchise.  Section 11.03. Right of Regulation.  All grants, renewals, extensions, or amendments of public utility franchises, whether it be SO provided in the ordinance or not, shall be subject to the right of the City: a. Tor repeal the same by ordinance at any time for misuse or nonuse, or for failure to begin construction within the time prescribed or otherwise to comply with b. To require proper and adequate extension of plan and service, and the maintenance of the plant and fixtures at the highest practicable standard of  the terms prescribed.  efficiency.  Charter City of Kerrville, Texas Page 22 of27    C. To establish reasonable standards of service and quality of service and quality of products and prevent unjust discrimination in service or rates. d. To prescribe the form of accounts and at any time to examine and audit the accounts and other records of any such utility and to require annual and other reports by each such public utility provided, thatifa public service commission or any other authority shall be given the power by law to prescribe the forms of accounts for public utilities throughout the state or throughout any district of which the City is a part, the forms SO prescribed shall be controlling SO far as they go, but the Council may prescribe other and more detailed forms for e. To impose such other regulations as may be conducive to the safety, welfare,  the utilities within its jurisdiction. and accommodation of the public. Section 11.04. 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 any property owner shall be entitled to recover from the owner of such public utility the actual amount of damages to such property on account thereof less any benefits received therefrom, provided suit is commenced within two (2) years after the project  is completed.  Section 11.05. Revocable Permits.  Permits revocable ati the will oft the Council for such minor or temporary public utility privileges as may be specified by general ordinance may be granted and revoked by the Council from time to time in accordance with the terms and conditions to be prescribed thereby; and such permits shall not be deemed tol bei franchises as the term ist used in this Charter. Such general ordinance, however, shall be subject to the same procedure as an ordinance granting a franchise and shall not be passed as an  emergency measure. Section 11.06. Extensions.  All extensions of public utilities within the City limits shall become a part of the aggregate property oft the public utility, shall be operated as such, and shall be subject to all obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in Section 13.03. In case of an extension of a public utility operated under a franchise hereafter granted, such  Charter City of Kerrville, Texas Page 23 of27    right shall be terminable at the same time and under the same conditions as the  original grant.  Section 11.07. Other Conditions.  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 franchise. Nothing in this Charter shall operate to limit in any way, except as specifically stated, the discretion of the Council or the electors of the City in imposing terms and conditions in connection with any  franchise grant.  Section 11.08. Franchise Records.  Every public utility and every owner of a public utility franchise shall file with the City, as maybe prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated. The City shall compile and maintain a public record of utility franchises and of all public utility fixtures in the streets of  the City.  Section 11.09. Accounts of Municipally Owned Utilities.  Accounts shall be kept for each public utility owned or operated by the City and the City Council shall publish annually notice of the availability of reports and independent audits concerning such accounts, and shall display the entirety ofsuch reports, and audits on the City's website, at its library, and in the office of the City  Secretary.  ARTICLE XII. MISCELLANEOUS PROVISIONS  Section 12.01. Publicity of Records.  All records of the City, except those protected by executive sessions, or state and federal statutes, shall be open to inspection by any person during the regular posted office hours oft the City Hall and in accordance with the Texas Public Information Act.  Section 12.02. Personal Financial Interest.  The City Council as well as officers and employees ofthe City, shall comply with state law regarding personal, financial, or conflicting interests, including Chapter 171 of  the Texas Local Government Code.  Charter City of Kerrville, Texas Page 24of27    Section 12.03. Official Bonds.  The Director of Finance, and such other officers or employees as the Council may by general ordinance require sO to do, shall give bond in such amount and with such surety as may be approved by the Council. The premiums on such bonds may be paid  by the City.  Section 12.04. Oath of Office.  Every officer of the City shall, before entering upon the duties of his office, take and subscribe to an oath or affirmation, as provided by state law, to be filed and kept in  the office of the City Secretary.  Section 12.05. Power of the City to Enforce Ordinances.  The City may enforce its ordinances by fines not exceeding limits established by state statutes, and may also provide by ordinance for the commutation of such fines by labor in a work house or on any public work or place in the City, but no ordinance shall provide a lesser penalty than is prescribed for a like offense by the laws of the state. Provisions may also be made by ordinance for the collections of fines imposed  and executions issued in civil cases.  Section 12.06. Review of Charter; Charter Review Commission.  a. The Charter shall be reviewed at five (5) year intervals, or sooner where the City Council believes it necessary. For each five-year review, the City Council shall appoint a Charter Review Commission of seven (7) residents of the City. 1. Consider the operation of the City government under the Charter and determine whether any Charter sections require revision. To this end, at least one public hearing shall be held and the Commission shall have the power to compel the attendance of any officer or employee of the City and to require the submission of any of the City records which it may deem 2. Propose recommendations, if any, it deems desirable to ensure compliance 3. Propose amendments, if any, to the Charter to improve the effective application of the Charter to current conditions and operations. 4. Report its finding and present its proposed amendments, ifany, to the City  The Commission shall have the following duties:  necessary to the conduct of such hearing. with the Charter by the City government.  Council.  Charter City of Kerrville, Texas Page 25of27    b. The term of office of the Charter Review Commission shall be six months but  may be extended as necessary by City Council. Section 12.07. Rearrangement and Renumbering.  The City Council shall have the power, by ordinance, to renumber and rearrange all articles, sections and paragraphs of this Charter or any amendments thereto, as it deems appropriate, and upon the passage of such ordinance, a copy thereof certified by the City Secretary shall be forwarded to the Secretary of State for filing.  Section 12.08. Meaning of Words and Designations.  All words and designations used in this Charter are tol be taken and construed in the sense in which they are understood in common language, taking into consideration the context and subject matter relative to which they are employed. The gender of the wording throughout this Charter shall always be interpreted to mean either sex. All singular words shall include the plural and all plural words shall include the singular. All references to the state law or laws of the State of Texas, however expressed in this Charter, shall mean "as presently enacted or as may be amended or superseded". The use of the word "City" in this Charter shall mean the City of Kerrville, Texas, and the use of the word "Charter" shall mean this Home Rule  Charter.  Section 12.09. Savings Clause.  If any part of this Charter shall be declared invalid by a court of competent jurisdiction, such judgment shall not invalidate the remainder of the Charter. The provisions of this Charter shall supersede all laws and ordinances not consistent  herewith, insofar as the City of Kerrville is affected thereby.  ADOPTED: February 25, 1942 AMENDEDJanuary 10, 1973 AMENDED:April 3, 1975 AMENDED:April 10, 1984 AMENDED:April 7, 1987 AMENDED:May 9, 1989 AMENDED:May 5, 1992 AMENDED:May 4, 1999 AMENDED:May 20, 2008 AMENDED:June 10, 2014 AMENDED: January 14, 2020  Charter City of Kerrville, Texas Page 26 of27    CERTIFICATE OF SECRETARY OF STATE DATED:  March 3, 1942 April 25, 1973 February 13, 1976 May 14, 1984 April 28, 1987 January 10, 1990 October 16, 1992 May 27, 1999 June 17, 2008 June 10, 2014 January  2020  lgaNCharerChane: Review Commission: 201819/CharterCharte.112019.docx  Charter City of Kerrville, Texas Page 27of27