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HomeMy WebLinkAbout28314-02-2026 - City Council - OrdinanceORDINANCE NO.28314-02-2026 AN ORDINANCE ORDERING A SPECIAL ELECTION BY THE QUALIFIED VOTERS OF THE CITY OF FORT WORTH, TEXAS, ON MAY 2, 2026, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, FOR ADOPTION OR REJECTION, PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY OF FORT WORTH AND ORDAINING RELATED MATTERS. WHEREAS, the Fort Worth City Charter was adopted by election in 1924, creating the first home rule charter and the City Council/City Manager form of government for the City of Fort Worth; and WHEREAS, there have been fourteen City Charter amendment elections subsequent to its adoption, with the last amendment election being held in 2022; and WHEREAS, the City will be conducting an election on May 2, 2026, to put to its voters a total of six propositions, to be labeled A through F, regarding the possible issuance of bonds or other public securities and incurring costs for such election; and WHEREAS, a series of informational meetings are planned to provide voters with information regarding such bond propositions; and WHEREAS, adding the topic of potential charter amendments to the ballot and informational meetings would require little or no additional City resources and represents an efficient opportunity to seek voter direction; and WHEREAS, the City Council deems it wise, efficient, and expedient to submit proposed amendments to the existing Charter of said City to its voters on May 2, 2026. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. SPECIAL ELECTION ORDERED In compliance with the Charter of the City of Fort Worth and in accordance with the Constitution and laws of the State of Texas, and more particularly Chapter 9 of the Texas Local Government Code relating to the amendment of city charters by home rule cities having more than five thousand (5,000) inhabitants, the City Council hereby orders that a special election, hereinafter "election," be held on Saturday, May 2, 2026, for the purpose of submitting to the Ordinance No. 28314-02-2026 Page 1 of 16 qualified voters of the City of Fort Worth, for adoption or rejection, the proposed amendments as shown in detail in Exhibit "A" to the existing Charter of the City of Fort Worth. SECTION 2. PROPOSITIONS TO BE ON BALLOTS The official ballots to be used in said election shall be prepared in accordance with Sections 52.072 and 52.073 of the Election Code of the State of Texas, and shall include thereon the following propositions to be expressed substantially as follows: CITY CHARTER AMENDMENTS Place an in the square beside the statement indicating the way you wish to vote. FORT WORTH PROPOSITION G ❑ FOR Shall Section 3 of Chapter III of the Fort Worth City Charter be amended to provide that, ❑ AGAINST effective October 1, 2026, the Mayor's annual pay shall be sixty thousand dollars ($60,000) and that the other City Council Members' annual pay shall be fifty thousand dollars ($50,000)? FORT WORTH PROPOSITION H ❑ FOR Shall Section 3 of Chapter V of the Fort Worth City Charter be revised to remove non -binding ❑ AGAINST charge and hearing requirements that are inconsistent with the City Manager's personnel responsibilities? FORT WORTH PROPOSITION I ❑ FOR Shall Section 1 of Chapter V, Section 4 of Chapter VI, and Section 3 of Chapter XXVIII of ❑ AGAINST the Fort Worth City Charter be revised to remove redundant charge and hearing requirements? Ordinance No. 28314-02-2026 Page 2 of 16 FORT WORTH PROPOSITION J ❑ FOR Shall Section 2 of Chapter X of the Fort Worth City Charter be amended to allow for the budget ❑ AGAINST to be adopted at the same meeting as a budget hearing as allowed under state law? FORT WORTH PROPOSITION K ❑ FOR Shall Section 6 of Chapter XXVI of the Fort Worth City Charter be deleted, removing a ❑ AGAINST requirement of public service corporations to submit an annual report to the city, since that information is readily available from the state and via the internet? FORT WORTH PROPOSITION L ❑ FOR Shall Section 4 of Chapter XXVI of the Fort Worth City Charter be amended to allow each ❑ AGAINST grant of privilege for use of city streets to be approved without an ordinance being required? FORT WORTH PROPOSITION M ❑ FOR Shall Section I of Chapter VIII of the Fort Worth City Charter be amended to allow greater ❑ AGAINST flexibility in creating, abolishing, and reorganizing city departments by eliminating the requirement for ordinances to be adopted? FORT WORTH PROPOSITION N ❑ FOR Shall Section 4 of Chapter III of the Fort Worth City Charter be amended to eliminate a conflict ❑ AGAINST with state law in regard to the timelines of special elections to fill vacancies? Ordinance No. 28314-02-2026 Page 3 of 16 FORT WORTH PROPOSITION O ❑ FOR Shall Section 7 of Chapter X of the Fort Worth City Charter be amended to clarify that ❑ AGAINST appropriately detailed documentation must support payment of a claim, regardless of whether that documentation is considered a "Purchase order"? SECTION 3. BALLOT The City Secretary of the City of Fort Worth shall ensure that ballots are prepared to be used in said election, on which ballots shall be printed the propositions to be voted on in the election. The ballots shall be printed in English, Spanish, and Vietnamese for use in said election. Each proposed charter amendment in Exhibit "A" shall be separate and distinct so that voters shall pass upon each one separately and apart from another and so that each voter may voter "For" or "Against" on each said amendment. SECTION 4. EFFECTIVE DATE OF AMENDMENTS The proposed amendments in Exhibit "A," if approved by a majority of the qualified voters voting upon said amendments, shall become a part of the City Charter of the City of Fort Worth as soon as an official order has been entered on the Council Minutes of said City by the City Council thereof, declaring the same adopted. SECTION 5. EARLY VOTING CLERKS (a) Clint Ludwig, Tarrant County Elections Administrator, or his successor, shall serve as the early voting clerk for the Tarrant County portion of the election. (b) Applications for early voting ballots to be voted by mail by Tarrant County voters should be forwarded as follows: Mailing address: Early Voting Clerk Tarrant County Elections P.O. Box 961011 Fort Worth, Texas 76161-0011 Ordinance No. 28314-02-2026 Page 4 of 16 Express Courier Delivery: Early Voting Clerk Tarrant County Elections 2700 Premier Street Fort Worth, Texas 76111-3011 Fax: (817) 831-6118 Email: votebvmailaa,tarrantcountv.com (c) Frank Phillips, Denton County Elections Administrator, or his successor, shall serve as the early voting clerk for the Denton County portion of the election. (d) Applications for early voting ballots to be voted by mail by Denton County voters should be forwarded as follows: Mailing Address: Frank Phillips, Early Voting Clerk 701 Kimberly, Suite A 100 Denton, Texas, 76208 Express Courier Delivery: Fax: Email: Or P.O. Box 1720 Denton, Texas, 76202 Early Voting Clerk 701 Kimberly, Suite A 10 1 Denton, Texas, 76208 940-349-3201 elections(iDdentoncounty. gov (e) Jenise "Crickett" Miller, Parker County Elections Administrator, or her successor, shall serve as the early voting clerk for the Parker County portion of the election. (f) Applications for early voting ballots to be voted by mail by Parker County voters should be forwarded as follows: Mailing Address: Early Voting Clerk 1112 Santa Fe Drive Weatherford, Texas, 76086 Express Courier Delivery: Early Voting Clerk 1112 Santa Fe Drive Weatherford, Texas, 76086 Ordinance No. 28314-02-2026 Page 5 of 16 Fax: Email: 817-598-6183 elections(&markercountvtx.com (g) Sabra Srader, Wise County Elections Administrator, or her successor, shall serve as the early voting clerk for the Wise County portion of the election. (h) Applications for early voting ballots to be voted by mail by Wise County voters should be forwarded as follows: Mailing Address: Sabra Srader, Early Voting Clerk P.O. Box 1597 Decatur, Texas 76234 Express Courier Delivery Fax: Email: Early Voting Clerk 200 S. Trinity St. Decatur, Texas 76234 940-626-4283 electionsa,co.wise.tx.us (i) Applications for early voting ballots by mail must be received no later than the close of business on April 20, 2026. SECTION 6. EARLY VOTING (a) Early Voting by personal appearance for Fort Worth residents shall be conducted beginning April 20, 2026, and continue through April 28, 2026. (b) The main Early Voting locations and times for Fort Worth residents are: (1) Voters residing in Tarrant County: Location: Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 Times: April 20 Monday 8:00 a.m. — 5:00 p.m. April 22 — April 24 Wednesday — Friday 8:00 a.m. — 5:00 p.m. April 25 Saturday 7:00 a.m. — 7:00 p.m. April 26 Sunday 10:00 a.m. — 4:00 p.m. April 27 — April 28 Monday — Tuesday 7:00 a.m. — 7:00 p.m. Ordinance No. 28314-02-2026 Page 6 of 16 (2) (3 ) (4) Voters residing in Denton County: Location: Denton County Elections Administration 701 Kimberly Drive, Ste. A111 Denton, Texas 76208 Times: April 20 April 22 — April 25 April 26 April 27 — April 28 Monday Wednesday — Sat. Sunday Monday — Tuesday Voters residing in Parker County 8:00 a.m. — 5:00 p.m. 8:00 a.m. — 5:00 p.m. 11:00 a.m. — 5:00 p.m. 7:00 a.m. — 7:00 p.m. Location: Parker County Courthouse Annex — Annex Kitchen 1112 Santa Fe Drive Weatherford, Texas 76086 Times: April 20 April 22 April 23 April 24 April 27 — April 28 Monday Wednesday Thursday Friday Monday — Tuesday Voters residing in Wise County: 8:00 a.m. — 5:00 p.m. 8:00 a.m. — 5:00 p.m. 7:00 a.m. — 7:00 p.m. 8:00 a.m. — 5:00 p.m. 8:00 a.m. — 5:00 p.m. Location: Wise County Fairgrounds (Women's Building) 3101 S. FM 51 Decatur, Texas 76234 Times: April 20 Monday 8:00 a.m. — 5:00 p.m. April 22 — April 28 Wednesday — Tues. 8:00 a.m. — 5:00 p.m. The locations, dates, and times listed above are subject to revision by each respective County Elections Administrator. The City Secretary is charged with advising the public via internet posting or other appropriate means regarding changes to any location, date, or time. SECTION 7. VOTING SYSTEM AND JOINT ELECTION An electronic voting system, as defined in Chapter 121 of the Texas Election Code, shall be used for voting at the regular polling places for said election and for counting the ballots and Ordinance No. 28314-02-2026 Page 7 of 16 the tabulation of the results. The conduct of the election and the use of the electronic voting system shall be in accordance with the Texas Election Code. The election shall be held as a Joint Election pursuant to a Joint Election Agreements and Contracts for Election Services by and between the City of Fort Worth and the Tarrant County Elections Administrator; the City of Fort Worth and the Denton County Elections Administrator; the City of Fort Worth and the Parker County Elections Administrator; the City of Fort Worth and the Wise County Elections Administrator; and other political subdivisions located in those counties. Pursuant to the above -mentioned Joint Election Agreements, the Tarrant County Elections Administrator shall serve as the Elections Administrator for the election held in Tarrant County, the Denton County Elections Administrator shall. serve as the Elections Administrator for the election held in Denton County, the Parker County Elections Administrator shall serve as the Elections Administrator for the election held in Parker County, and the Wise County Elections Administrator shall serve as the Elections Administrator for the election held in Wise County. Presiding Election Judges and Alternate Presiding Election Judges appointed to serve at said polling places listed in the Joint Election Agreements shall be those election officials furnished by the Elections Administrators selected pursuant to the terms of the Joint Election Agreements. An Early Voting Ballot Board is hereby created pursuant to Section 87.001 of the Texas Election Code. The Early Voting Ballot Board shall be made up of members appointed in the manner stated in the Joint Election Agreements, and the Presiding Judges and the Alternate Presiding Judges of the Early Voting Ballot Boards shall be the elections officials listed in the Joint Election Agreements. SECTION 8. STATEMENT OF FISCAL IMPACT Pursuant to Section 9.004(c)(2) of the Texas Local Government Code, (requiring a statement of the anticipated fiscal impact to the City if the proposed amendments are approved), the City asserts it is difficult to accurately account for the fiscal impact of the proposed amendments in light of the particular unknown effect upon the actual operation of the City government if the proposed amendments are approved. With that general statement in mind, an overall analysis indicates that (i) there should be no immediate fiscal impact upon the probable economic cost to the City if any of Propositions H through O is approved and implemented and (ii) the immediate fiscal impact upon the probable economic cost to the City if Proposition G is approved and implement would Ordinance No. 28314-02-2026 Page 8 of 16 be approximately two hundred eight -five thousand seventy-five dollars ($285,075.00) per fiscal year beginning in Fiscal Year 2027 for the increase in compensation for Mayor and Council Members. SECTION 9. PROCLAMATION This ordinance shall constitute the proclamation, call, notice and ordinance calling and ordering said special election and run-off election if needed. SECTION 10. PUBLICATION Notice of said election shall be given by publishing a Notice of Election, in English, Spanish, and Vietnamese, at least once, not earlier than the 30t' day or later than the 10" day before election day in a newspaper published in said City. A copy of the Notice of Election, in English, Spanish, and Vietnamese shall be posted on the City's board used for posting notices of the meeting of the Fort Worth City Council not later than the 21st day before election day. SECTION 11. NOTICE The way and manner of holding said election, the notice to be given therefor, the polling places, the personnel and the officers who are to hold same, and all details connected with the holding of the election shall be provided for and arranged by the City Secretary. The proper notice and publication of this notice, proclamation, call and ordinance shall be only cumulative of and in addition to the statutory notice of said election as herein provided. Any omission or irregularity in this notice or in the publication or posting of this notice, proclamation, call and ordinance, or in the signing of same, shall not in any way affect or invalidate such election. SECTION 12. CONTROLLING LAW In all respects, said election shall be conducted in accordance with the Texas Election Code and the Charter of the City of Fort Worth, Texas. Ordinance No. 28314-02-2026 Page 9 of 16 SECTION 13. OPEN MEETING COMPLIANCE It is hereby officially found and determined that the meeting at which this Ordinance was adopted and said election was called was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551 of the Texas Government Code. SECTION 14. SEVERABILITY CLAUSE Should any part, portion, section, or part of a section of this ordinance be declared invalid or inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion, or judgment shall in no way affect the remaining parts, portions, sections, or parts of sections of this ordinance, which provisions shall be, remain, and continue to be in full force and effect. SECTION 15. EFFECTIVE DATE This Ordinance, election order, proclama ' n, call and notice shall take effect upon adoption. Mattie P�rker Mayor of the City of Fort Worth ATTEST: IF Jann tt S. Goodall, City Secretary APPROVED AS TO FORM AND LEGALITY: G� a�oQ 40 Gavin Midgley, Assistant City Attorney ADOPTED and EFFECTIVE: February 10, 2026 Ordinance No. 28314-02-2026 Page 10 of 16 EXHIBIT "A" A special election will be held on May 2, 2026, from 7:00 a.m. to 7:00 p.m. for the purpose of allowing voters to determine whether to amend the Fort Worth City Charter. Persons interested in voting on these issues may contact the Fort Worth City Secretary's Office for information about polling places and other information pertaining to the election or may visit the City's website at www. fortworthtexas. Rov. If the proposed Propositions are adopted by the qualified voters of the City of Fort Worth, the following Charter provisions will be amended by adding the underscored words and deleting those struck through. The bracketed italicized language indicates where another proposed Proposition will amend the Charter language within that section if passed. The proposed amendments will read in their entirety as follows: PROPOSED AMENDMENTS Amendment Number 1 (Proposition G). CHAPTER III: THE CITY COUNCIL §3 COMPENSATION OF THE MEMBERS OF THE CITY COUNCIL. Commencing on October 1,200E 2026, each member of the City Council, except the mayor, shall receive as eempensation annual pay for such member's services as an elected official, the sum of twenty five *4ouoand dollars ($25 nnn nm r � anwrn fifty thousand dollars ($50,000), and the mayor shall receive as eempensatioR annual pav for the mayor's service as an elected official, the sum of twenty-ni-o tkwc,sa d^'�°,nn��TPor awna-n, sixty thousand dollars ($60,000). In addition to the above, all necessary expenses incurred by the City Council in performance of their official duties shall be paid by the city. Nothing herein shall prohibit a council member from waiving the right to all or any part of such eempensation pay or payment of expenses. Amendment Number 2 (Proposition H) CHAPTER V: THE CITY MANAGER §3. [SAME -PROPER ADMINISTRATION OF CITY AFFAIRS; APPOINTMENT, REMOVAL OF DIRECTORS AND EMPLOYEES; ADHERENCE TO CIVIL SERVICE REGULATIONS]. The city manager shall be responsible to the council for the proper administration of all the city affairs placed in his hands, and shall to that end appoint and employ all directors of departments and other employees not otherwise provided for in this Charter or by ordinance. Appointments made by him shall be on the basis of executive and administrative experience and ability and of training, fitness and efficiency of such appointees in the work which they are to administer. All such directors of departments shall be immediately responsible to the city manager and may be removed by him at any time. in case of r a ^per six «' mow, ' acrvi"N, if tkl e dire removed so demands, a Nwitten statement shall be made by the eit), manager of the reason of his removal, and the dife or ohall, if he s demands, be ,. vesn a publis heating by the eotmeil before the efde,. of femoval iz -made final.The statement of tho nx--nugo . and ., w itte , rly f the ,f;,.veter+i,e a chill beamed ao a publi,, ra i the office of the s ,.etafy of the eoun Ordinance No. 28314-02-2026 Page 11 of 16 In filling positions coming within the classified service list, he shall do so according to the rules and regulations that may be adopted by the civil service board, if such are available. He shall have the right to discharge any of the subordinate employees of his departments in accordance with the provisions of the civil service sections of this Charter. Amendment Number 3 (Proposition I). CHAPTER V: THE CITY MANAGER § I [APPOINTMENT; QUALIFICATIONS; REMOVAL; ABSENCE OR DISABILITY; COMPENSATION; RESIDENCY]. The council shall appoint the city manager, who shall be the chief administrative and executive officer of the city. He shall be chosen solely upon the basis of his executive and administrative training, experience, and ability, and without regard to political consideration. Qualifications being equal, preference shall be given in the selection of a resident citizen of Fort Worth for this position. No member of the council shall be chosen as city manager. The city manager shall not be appointed for a definite fixed time, but shall be removable at the will and pleasure of the council, by a vote of the majority of the entire council. if femoved after serwing six (6) m nt4s he may demand . Titte chat es ^„a the right t be heard thereon + a publi^ mooting of the council rr; ,r to the gate on whieh his finalrix-v(al clxall take e ff ^t. but pending suesueh hear- rg the ^ m ^;i sus Fora him fi om offs The action of the council in suspending or removing the city manager shall be final. In case of the absence or disability of the city manager, the council may designate some qualified person to perform the duties of the office. The city manager shall receive such compensation as may be fixed by the council prior to the appointment. During this term of office, the city manager shall be a resident citizen within the City of Fort Worth. CHAPTER VI: THE CITY ATTORNEY § 4 [TERM, REMOVAL, ABSENCE OR DISABILITY OF CITY ATTORNEY]. The city attorney shall not be appointed for a definite fixed time, but shall be removable at the will and pleasure of the counc�7i�l�� by a vote of not less than a majority of the entire council. If r�zd after sei=y ng x (6) moii�1V, he ' demand . -Fitter+ eh rges an the right to be he F thereon at n pab;ic mooting f the ^ouiNo�l pHar- to the date on which his final r-emoval shall take ef- ^+. pending s u^h hear- ng the eouncil m suspendhim from offi^eThe action of the council in suspending or removing the city attorney shall be final. In case of the absence or disability of the city attorney, the council may designate some qualified person to perform the duties of the office. CHAPTER XXVIII: DEPARTMENT OF INTERNAL AUDIT § 3 TERM, REMOVAL, ABSENCE OR DISABILITY OF CITY INTERNAL AUDITOR. The city internal auditor shall not be appointed for a definite fixed time but shall be removable at the will and pleasure of the City Council by a vote of not less than a majority of the entire council. ifro oa aftersef-vingx (6) m iAhs the ^;ty i temal auditer- may demand Fitt^ eh o an the right t be heard thereon a public mooting of the City Goii:xxoYl prior- to the date on whioh t1,o Ordinance No. 28314-02-2026 Page 12 of 16 eity internal auditor's final r-emoval shall take effect, but pending sueh heaFing the Git�y Gounei-I may suspend the eit�y ir*o�1 auditor from ^ The action of the City Council in suspending or removing the city internal auditor shall be final. In case of the absence or disability of the city internal auditor, the City Council may designate some qualified person to perform the duties of the office. Amendment Number 4 (Proposition J). CHAPTER X: THE BUDGET AND FINANCIAL PROCEDURE RELATING THERETO § 2 ANNUAL BUDGET. Public hearings on the manager's proposed budget shall be held and notice of such hearings shall be provided in accordance with applicable state law; however, no less than one (1) public hearing shall be held on the budget following notice of such hearing. The budget shall r t by adopted ^* the safne meeting s the r„blie hear- fig The annual appropriations ordinance providing funding for the proposed budget, along with a corresponding ad valorem tax levy ordinance shall be considered by the City Council at the same meeting the City Council considers approving the budget. Upon approval of the budget, the caption of the appropriations ordinance shall be published once, and the caption and penalty of the ad valorem tax levy ordinance shall be published twice in the City's official newspaper. The final approved budget and the full text of each ordinance shall be posted on the city's website and filed in the city secretary's office and made available for public inspection. The budget will become effective upon approval by City Council. The appropriations ordinance and ad valorem tax levy ordinance shall become effective upon publication in accordance with this section. Amendment Number 5 (Proposition K). CHAPTER XXVI: FRANCHISES AND PUBLIC UTILITIES • �. • �. . _ _• M■ •TN 191d5l. •. • _I I M --mmmu'll MW•• it shall be the duty of the Gity,Counc-il to pa-,,o an a ee rektuiriffg all public sen4ce eoFporutien o} ttr within- the $rperatQ Oftheeity tO ilea S aM asnaal rQAOf the Feeeipts from the operation of the -S-A-Ld bu-siti-eSs for the euf: ent year-, how expended, how mi therefor- for- be#eFmePAs �epft the rate of tolls or- charges for- --i-es —.der-ed to the- o: ito uuo intelligeR43 . . - . n any questions that may afise between !he eity and the said pOlie sen4ee eor-por-ations; said reports to be filed with the eity seeretafy, and pFeserved for- the use of the Qt�y tel: Ordinance No. 28314-02-2026 Page 13 of 16 Amendment Number 6 (Proposition L). CHAPTER XXVI: FRANCHISES AND PUBLIC UTILITIES § 4 FRANCHISES AND PRIVILEGES; DEFINITION OF AS APPLIED TO PUBLIC STREETS AND HIGHWAYS; POWER OF COUNCIL TO REGULATE. The right to use the public streets, highways, alleys and thoroughfares of this city, which necessitates the digging up, or displacement thereof, for the installation of equipment, appliances or appurtenances, either on, above or below the surface of the same, to make the intended use thereof practicable, shall be deemed and considered a "franchise," granting of which shall be governed and controlled in the manner herein provided. The use of the said public streets, highways, alleys and thoroughfares of this city, which does not require the digging up or similar interference with said streets, alleys or highways for the installation of equipment, appliances or appurtenances, to make the intended use possible, shall be treated and considered as a "privilege," subject to the control and disposition of the City Council, and such privilege over and upon the said public streets, alleys, highways and thoroughfares of the city shall not be granted to any person or corporation excepting when public necessity and convenience may require sueh , and when given by ,,,.a;.,, nee passedby ., Nve twr-ds vote of the City (•,.,,,,,,il Amendment Number 7 (Proposition M). CHAPTER VIII: ADMINISTRATIVE DEPARTMENTS TO BE CONTROLLED AND ADMINISTERED BY THE CITY MANAGER § 1 NUMBER OF ADMINISTRATIVE DEPARTMENTS TO BE CONTROLLED AND ADMINISTERED BY THE CITY MANAGER. There is hereby created and placed under control of the city manager six (6) administrative departments of the city government as follows: (1) Department of finance; (2) Department of police; (3) Fire department; (4) Department of public works; (5) Department of public health; (6) Water works department. The City Council or City Manager shall have power to establish by ora;flafteo such other departments, divisions and offices as it deems necessary for the efficient operation of the municipal government. The City Council or Citv Manaeer may discontinue any department or office established by ordinanee and may prescribe, combine, consolidate, distribute or abolish the Ordinance No. 28314-02-2026 Page 14 of 16 functions and duties of departments, divisions or offices. No :dmini�ji aline depa t e t, divi ;^r or offieer-e-ated by ordit ce, a -ad no eensolidation aszzereiiibe€ofep e-d 91-.,a11 be es— ed Shall have fifst been heaf by the eouneil-. The directors of the departments appointed by the city manager shall be immediately responsible to the city manager for the administration of their departments, including the preparation of reports and recommendations concerning their departments as required by the city manager. Amendment Number 8 (Proposition N). CHAPTER III: THE CITY COUNCIL § 4 VACANCIES IN THE CITY COUNCIL; HOW FILLED. Vacancies in the City Council shall be filled by special elections from the districts whose places have been vacated. Vacancies in the office of mayor shall be filled under the provisions applicable to other council members except that the district of the mayor shall be the city as a whole. These special elections shall be held on the first available election date specified in the Texas Election Code unless the council shall request, and receive, permission from the governor to call an emergency special election. If vacancies should occur within thif y ram days of the speeial ele t;^„ 4ate after the time for ordering a special election on the next election date specified in the Texas Election Code, the council may set the election for the next date following the impending special election date or it may request permission for an emergency special election from the governor. In the event any candidate for a vacancy fails to receive a majority of all votes cast for all the candidates for such vacancy at such special election, the mayor shall on the first day following the completion of the official count of the ballots cast at said special election issue a call for a run-off election pursuant to Chapter IV, section 2, to be held in accordance with the Texas Election Code to determine who shall be elected. Such new council members, when duly qualified and elected, shall serve for the unexpired period of the terms of the council members whose offices are being filled. However, no such elections shall be held where said vacancy shall occur within ^ period of lo&z tha nin.ty (90) days after the deadline for ordering a special election to fill a vacancy on the election date immediatelv prior to the a general election date as specified in Chapter IV, section 2. When a vacancy shall occur less than riiiet , (90) day after the last possible date to order an election to be held on the last possible election date prior to the general election as specified in Chapter IV, section 2, a majority of the remaining council members may appoint a qualified person from the district whose place has been vacated to serve the unexpired term. Should a vacancy occur in the office of mayor, the mayor pro tem shall serve until a special election shall be called under the rules pertaining to filling vacancies among the other councilmembers. If members of the City Council seek the office of mayor in such a special election, they shall first resign from the City Council, and special elections, simultaneous to the mayoral election, shall be held in their districts under the terms specified above. Ordinance No. 28314-02-2026 Page 15 of 16 Amendment Number 9 (Proposition O). CHAPTER X: THE BUDGET AND FINANCIAL PROCEDURE RELATING THERETO § 7 PROPERTY SUBJECT TO TAXATION. No claim against the city shall be paid, unless it is evidenced by a pure -lime order appropriate written documentation approved by the head of the department or office for which the indebtedness was incurred; and each director or officer and his surety shall be liable to the city for all loss or damage sustained by the city by reason of his negligent or corrupt approval of any such claim. The controller of accounts shall examine all payrolls, bills and other claims and demands against the city, and shall issue no warrant for payment unless he finds that the claim is in proper form, correctly computed and duly approved; that it is justly and legally due and payable; that an appropriation has been made therefor which has not been exhausted, or that the payment has been otherwise legally authorized; and that there is money in the city treasury to make payment. He may investigate any claim and for that purpose may summon before him any officer, agent or person, and examine him upon oath or affirmation relative thereto, which oath or affirmation he may administer. If the controller of accounts issues a warrant on the treasury authorizing payment of any item for which no appropriation has been made, or for the payment of which there is not a sufficient balance in the proper appropriation, or which is otherwise contrary to law or ordinance, he and his sureties shall be individually liable to the city for the amount thereof. Ordinance No. 28314-02-2026 Page 16 of 16