How to Overturn an Ordinance in Granite Shoals Texas

citizensadvisorygroup.jpgCITY OF GRANITE SHOALS TEXAS
ARTICLE VI. - INITIATIVE, REFERENDUM AND RECALL
  • Section 6.01. - Scope of Recall.
  • Any elected City official, whether elected to office by qualified voters or appointed by the City Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the City on grounds of incompetency, misconduct or malfeasance in office.
  • Section 6.02. - Petitions for Recall.
  • Before the question of recall of such officer 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 person performing the duties of City Secretary, which said petition must contain the number of valid signatures totaling at least twenty-five percent (25%) of the number of votes cast at the last general City election. The petitions, signatures, and verifications shall be governed by the requirements of the Texas Election Code.
  • Section 6.03. - Various Papers Constituting Petition.
  • The petition may consist of one (1) or more copies or subscription lists, circulated separately, and the signatures thereto may be upon the paper or papers containing the form of the petition, or upon other paper attached thereto. Verifications provided for in the preceding section of this Article may be made by one (1) or more petitioners, and the several parts of copies of the petition may be filed separately and by different persons. All papers comprising a recall petition shall be filed with the person performing the duties of City Secretary on the same day, and the said person performing the duties of City Secretary shall immediately notify, in writing, the officer so sought to be removed, by mailing such notice to the officer's address.
  • Section 6.04. - Presentation of Petition to the City Council.
  • Within twenty-one (21) days after the date of the filing of the papers constituting the recall petition, the person performing the duties of City Secretary shall present such petition to the City Council.
  • Section 6.05. - Public Hearing to Be Held.
  • The officer whose removal is sought may, within seven (7) days after such recall petition has been presented to the City Council, request that a public hearing be held to permit him/her 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 6.06. - Calling of Recall Election.
  • If the officer whose removal is sought does not resign, then the City Council shall order an election and set the date for holding such recall election. The date selected for the recall election shall be in accordance with the Texas Election Code. If, after the recall election date is established, the officer vacates his/her position, the election shall be cancelled.
  • Section 6.07. - Ballots in Recall Election.
  • Ballots used at recall elections shall conform to the following requirements: (1) With respect to each person whose removal is sought, the question shall be submitted: "Shall ____________/____________/____________ be removed from the office of ____________ by recall?" (2) Immediately below each such question, there shall be printed the following words, one above the other, in the order indicated: "Yes" "No"
  • Section 6.08. - Result of Recall Election.
  • If a majority of the votes cast at a recall election shall be "No", that is against the recall of the person named on the ballot, the officer shall continue in office for the remainder of his/her unexpired term, subject to recall as before. If a majority of the votes cast at such election be "Yes", that is for the recall of the person named on the ballot, the officer shall, regardless of any technical defects in the recall petition, be deemed removed from office, and the vacancy shall be filled by the City Council as provided in this Charter.
  • Section 6.09. - Recall, Restrictions Thereon.
  • No recall petition shall be filed against any officer of the City within three (3) months after the officer's election, nor within three (3) months after an election for such officer's recall.
  • Section 6.10. - Failure of the City Council to Call an Election-Recall.
  • If all of the requirements of this Charter have been met and the City Council fails or refuses to receive the recall petition, or order such recall election, or discharge any other duties imposed on the City Council by the provisions of this Charter with reference to such recall, then the District Judge of Burnet County, Texas, shall discharge any of such duties herein provided to be discharged by the person performing the duties of City Secretary or by the City Council.
  • Section 6.11. - General Power of Initiative and Referendum.
  • The qualified voters of the City, in addition to the method of legislation herein before provided, shall have the power of direct legislation by the initiative and referendum. (1) Initiative: Such power shall not extend to the budget, or any capital program, or setting rates, fees or charges, or ordinance not subject to initiative, as provided by state law, relating to appropriation of money, issuing of bonds and levy of taxes or salaries of City officers or employees. (2) Referendum: Such power shall not extend to the budget or any capital program or emergency ordinance or ordinance not subject to referendum as provided by state law, relating to appropriation of money, issuing of bonds or levy of taxes.
  • Section 6.12. - Initiative.
  • (1) Following a review by the City Attorney for enforceability and legality, qualified voters of the City may initiate legislation by submitting a petition addressed to the City Council, which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters of the City. Said petition must contain the number of valid signatures totaling at least twenty-five percent (25%) of the number of votes cast at the last general City election, and each copy of the petition shall have attached to it a copy of the proposed legislation. The petition shall be signed in the same manner as recall petitions are signed, as provided in this Article, and shall be verified by oath in the manner and form provided for recall petitions in this Article. The petition may consist of one (1) or more copies as permitted for recall petitions. Such petition shall be filed with the person performing the duties of City Secretary. (2) Within twenty-one (21) days after the filing of such petition, the person performing the duties of City Secretary shall present said petition and proposed ordinance or resolution to the City Council. Upon presentation to the City Council, it shall become the duty of the City Council, within two (2) regularly scheduled City Council meetings after the receipt thereof, to pass and adopt such ordinance or resolution without alteration as to meaning or effect, in the opinion of the persons filing the petition, or to call a special election, to be held on a date allowed under the Texas Election Code, at which the qualified voters of the City shall vote on the question of adopting or rejecting the proposed legislation. Any election order so issued shall comply with the Texas Election Code. 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 sixty-fifth (65th) day after the petition was presented to the City Council.
  • Section 6.13. - Referendum.
  • Qualified voters of the City may require that any ordinance or resolution, with the exception of ordinances or resolutions appropriating money or levying taxes, passed by the City Council be submitted to the voters of the City for approval or disapproval, by submitting a petition for this purpose within thirty (30) days after final passage of said ordinance or resolution, or within thirty (30) days after its publication. Said petition shall be addressed, signed and verified as required for recall petitions in this Article and shall be submitted to the person performing the duties of City Secretary. Within twenty-one (21) days after the filing of such petition, the person performing the duties of City Secretary shall present said petition to the City Council. Upon presentation to the City Council, it shall become the duty of the City Council, within two (2) regularly scheduled City Council meetings after the receipt thereof, to reconsider such ordinance or resolution and, if the City Council does not entirely repeal the same, shall submit it to popular vote as provided in Section 6.13 of this Charter. Pending the holding of such election, each ordinance or resolution shall be suspended from taking effect and shall not later take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof. Unless otherwise provided by law, any election for a referendum under this Charter shall be held on the first authorized uniform election date that occurs after the sixty-fifth (65th) day after the petition was presented to the City Council.
  • Section 6.14. - Voluntary Submission of Legislation by the City Council.
  • The City Council, upon its own motion and by the affirmative vote of a majority of the full membership of the City Council, may submit to popular vote at any election for adoption or rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing ordinance, or resolution, or measure, in the same manner and with the same force and effect as provided in this Article for submission of initiative and referendum petitions, and may, at its discretion, call a special election for this purpose.
  • Section 6.15. - Form of Ballots.
  • The ballots used when voting upon such proposed and referred ordinance, resolutions or measures, shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words: "For the Ordinance" or "Against the Ordinance" or "For the Resolution" or "Against the Resolution"
  • Section 6.16. - Publication of Proposed and Referred Ordinances.
  • The person performing the duties of City Secretary of the City shall publish at least twice in the official newspaper of the City the proposed or referred ordinance or resolution within fifteen (15) days before the date of the election and shall give such other notices and do such other things relative to such election as are required by law in municipal elections and by the ordinance or resolution calling said election.
  • Section 6.17. - Adoption of Ordinances.
  • If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a law or as a mandatory order of the City Council.
  • Section 6.18. - Inconsistent Ordinances.
  • If the provisions of two (2) or more proposed ordinances or resolutions approved at the same election are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail.
  • Section 6.19. - Ordinances Passed by Popular Vote, Repeal or Amendment.
  • No ordinance or resolution which may have been passed by the City Council upon a petition or adopted by popular vote under the provisions of this Article shall be repealed or amended except by the City Council in response to a referendum petition or by submission as provided by Section 6.15 of this Charter.
  • Section 6.20. - Further Regulations by the City Council.
  • The City Council may pass ordinances or resolutions providing other and further regulations for carrying out the provisions of this Article consistent herewith.
  • Section 6.21. - Franchise Ordinances.
  • Nothing contained in this Article shall be construed to be in conflict with any of the provisions of this Charter pertaining to ordinances granting franchises when valuable rights shall have accrued thereunder.
  • Section 6.22. - Failure of the City Council to Call an Election-Initiative or Referendum.
If all of the requirements of this Charter have been met and the City Council fails or refuses to receive the initiative or referendum petition, or order such initiative or referendum election, or discharge any other duties imposed on the City Council by the provisions of this Charter with reference to such initiative or referendum, then the District Judge of Burnet County, Texas, shall discharge any of such duties herein provided to be discharged by the person performing the duties of City Secretary or by the City Council.