PART I
CHARTER*
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* Editors Note: The charter included herein was adopted at an election held on October 2, 1951, to become effective on January 1, 1952. The editor has inserted footnotes or [ ] where explanatory material has been added. The catchlines of the articles and sections have in some instances been altered in minor respects so as to more clearly indicate the contents thereof. The original numbering system has been retained. Amendments to the Charter as originally enacted are indicated by the history note following the amended section. Minor nonsubstantive changes have been made in capitalization and style to conform one Charter to the Code format.
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Art. I. Incorporation, Form of Government and Powers, §§ 1--3
Art. II. City Council, §§ 4--18
Art. III. Municipal Elections, §§ 19--25
Art. IV. Recall, Initiative and Referendum, §§ 26--44
Art. V. Administrative Service, §§ 45--68
Art.
Art. VI. Civil Service, §§ 69--78
Art. VIII. Corporation [Municipal] Court, §§ 112--116
Art. IX. Planning Commission, §§ 117--123
Art. X. Public Library, §§ 124--127
Art. XI. Franchises, §§ 128--137
Art. XII. General Provisions, §§ 138--165
Art. XIII. Ethics Review Board, §§ 166--168
ARTICLE I.
INCORPORATION, FORM OF GOVERNMENT AND POWERS
Sec. 1. Incorporation.
The inhabitants of the City of San Antonio in Bexar County, Texas, residing within the corporate limits of the city, as now or hereinafter established in the manner provided by law or by this Charter, are hereby constituted and shall continue to be a municipal body politic and corporate under the name of the "CITY OF SAN ANTONIO," hereinafter referred to as "the City," and by that name shall have perpetual succession and shall have and succeed to all the rights, property, real, personal and mixed, immunities, powers, privileges and franchises now held, possessed and enjoyed by the city or granted herein, and shall be subject to all its present duties and liabilities, subject to the limitations prescribed in this Charter.
Sec. 2. Form of government.
The municipal government provided by this Charter shall be known as the "council-manager government." Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this Charter, all powers of the city shall be vested in an elective council, hereinafter referred to as "the Council," which shall enact local legislation, adopt budgets, determine policies and appoint the city manager, who shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this Charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance.
Sec. 3. Powers of city.
Par. 1. General powers. The city may sue and be sued, plead and be impleaded in all courts, have a corporate seal, contract and be contracted with, ordain and establish such acts and regulations and ordinances not inconsistent with the constitution and laws of this state and this Charter as shall be needed for the government, interest, welfare and good order of the city and the interest, welfare, health, morals, comfort, safety and convenience of its inhabitants; the city may purchase, take, hold, acquire and convey, lease, mortgage and dispose of any property whatever within the city limits. The city may acquire necessary property for sewer, sanitary, cemetery, waterworks, gas, electric light and power, and any other corporate purposes by purchase, condemnation or other means within or without the city limits, and may lease, convey and alienate the same. Except as prohibited by the constitution and laws of Texas or as restricted by this Charter, the city shall have all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever, now or hereafter granted by the constitution and laws of Texas, including without limitation the powers conferred expressly and permissively by laws passed pursuant to the Texas Home rule Amendment, as now or hereafter amended, all of which are hereby adopted. The council is expressly authorized to adopt any rule or regulation deemed necessary, advisable or convenient for the purpose of exercising any power expressly or permissively conferred by such act. The city shall have the powers conferred by the provisions of legislation passed by the State Legislature, as now or hereafter amended, which Act is hereby adopted.
Par. 2. Annexation. The city shall have the power, by ordinance,
to fix and change the bounds and limits of the city and to provide for the
extension of the said bounds and limits and the annexation of additional
territory lying adjacent to the city with or without the consent of the
territory and the inhabitants thereof annexed; provided, however, that such an
ordinance, or any amendment thereto, shall be published one time, prior to
passage, in some daily newspaper published in the city and such ordinance shall
not be passed until at least thirty days have elapsed after publication. The
city shall have power to annex additional territory, lying adjacent to the
city, and the inhabitants thereof, as may be authorized by, and in the manner
and form prescribed by any general law of
Par. 3. Cooperation with state and federal governments. The city
may cooperate and contract with the government of the State of
Par. 4. Eminent domain. The city shall have the power of eminent
domain where necessary or desirable to execute any power conferred upon it by
this Charter, or by the constitution or laws of Texas and may condemn either
private or public property whether in or out of the corporate limits of the
city for such purposes, upon payment of fair compensation for the property
taken. Such power may be exercised in any manner authorized by the constitution
or laws of
Par. 5. Urban redevelopment. The city may adopt, modify and carry out plans for the clearance and redevelopment of slum districts or blighted areas within the city, as such districts or areas may be defined by ordinance as to character, nature, location and extent. For the accomplishment of these public purposes, which may be further defined by ordinance, the city may acquire by purchase or by condemnation all privately owned land, buildings and other property interests within such districts or areas. The city may establish, locate, relocate, build and improve any streets or other public open spaces provided for in any plan so adopted. Pending the final clearance and redevelopment of such district or area, the city may maintain, lease or sell any buildings or other improvements thus acquired. The city may sell the land, or any part thereof in such districts or areas, which is designated for private or public buildings or for private open spaces upon such terms, covenants and conditions and subject to such restrictions, excluding rent control by the city, as to building uses and open spaces, as will substantially carry out the plans adopted by the city for the clearance and redevelopment of such districts or areas; provided, however, that land so disposed of shall contain a covenant which shall run with such land precluding its sale to or use by any public housing agency. Before any plan is finally adopted by the city, a public hearing shall be held thereon by the council, and, thirty days prior to such hearing, notice of its time and place shall be published one time in a newspaper published in the city and shall be sent by mail to the record owners of the property interests included within the district or area covered by any plan.
Par. 6. Fiscal powers. The city shall have the power to:
(1) Assess, levy and collect taxes for
general and special purposes on all lawful subjects of taxation in accordance
with the laws of
(2) Provide for the payment of the current expenses and of the debts of the city.
(3) Borrow money on the faith and credit of the city by the issue or sale of bonds or notes of the city.
(4) Borrow money on the faith and credit of any improvement district heretofore or hereafter established in the city by the council, and issue bonds therefor for permanent public improvements in such districts.
(5) Levy and collect special assessments for local improvements.
(6) Levy an occupation tax on any person,
corporation, partnership, engaged in any business,
occupation or calling in accordance with the laws of
(7) Levy an annual tax and appropriate funds for the purpose of advertising the city in order to increase its growth, improve the same and benefit its inhabitants.
Par. 7. Street powers. The City of San Antonio shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and encroachments of every nature or character thereon.
Par. 8. Street improvements. The city shall have exclusive dominion, control and jurisdiction in, upon, and over and under the public streets, avenues, alleys, highways, and public ways of the city, and may provide for the improvement thereof by paving, re-paving, raising, draining, or otherwise. The provisions, without limitations, of laws providing for assessments against abutting property for street improvements are expressly adopted. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys, highways, and public ways, of the city shall also include, but not be limited to, the power to regulate, locate, remove, or prohibit the location of, all utility pipes, conduits, lines, poles, wires or other property of any public utility.
Par. 9. Zoning. For the purpose of promoting the health, safety, morals or general welfare of the city, the council may by ordinance regulate the location, height, bulk and size of buildings and other structures, the size of yards, courts and other open spaces, and the use of buildings, structures and land for trade, industry, business, residence or other purposes. Such ordinances may provide that the zoning board of adjustment may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the zoning board of adjustment may authorize variances from the strict application of the regulations in such cases and subject to such limitations as may be set forth in ordinance. All of the powers granted by state zoning enabling laws now existing or hereafter enacted, are hereby adopted.
Par. 10. Sanitary sewer system. The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system; to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sewerage service and make rules and regulations for the collection thereof.
Par. 11. Garbage disposal. The city shall have the right by ordinance to adopt and prescribe rules and regulations for the handling, collection and disposition of all garbage, trash and rubbish within the city and to fix and collect charges for the removal thereof.
Par. 12. Public assistance. The city may appropriate its funds, in the exercise of a governmental function, for the assistance of needy persons to provide for them the basic necessities of life in accordance with categories of such persons as may be defined by ordinance.
Par. 13. Other powers. The city shall have power to:
(1) Provide for, acquire, construct, regulate, protect and maintain public buildings, works, improvements, parks, gardens, and recreational facilities of any nature.
(2) License and regulate persons, corporations, partnerships and associations engaged in any business, occupation or calling.
(3) License and regulate vehicles operated for hire and fix and regulate the rates to be charged therefor.
(4) License and regulate all places of public amusement.
(5) Define and prohibit the maintenance of any nuisance within the corporate limits of the city and within the territory outside of the corporate limits of the city which is within five thousand feet of the said corporate limits, and abate such nuisances by summary proceedings and provide for the punishment of the authors thereof.
(6) Define, prohibit, abate, suppress and prevent all things or any acts detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the city.
(7) Regulate the construction and height of and materials used in all buildings and structures within the city, and provide for their inspection and make, prosecute, and enforce regulations governing same.
(8) Regulate the maintenance and use of all buildings and structures in the city.
(9) Fix standards of weights and measures and provide for their inspection.
(10) Regulate the filing of plats of any subdivision of property in or out of the city in accordance with the laws of Texas or as may be prescribed by ordinance; and to require that streets, sidewalks, curbs, street signs, utilities and public open spaces of all subdivisions to be established shall be designed, constructed and installed in accordance with standards established by the city.
(11) Compel the laying of sidewalks by property owners in front of or abutting their land, in accordance with specifications prescribed by the city; and compel the repair of such sidewalks in like manner.
(12) Direct and control the laying of all tracks required for public transportation on any street, alley, public way or public place in the city.
(13) Regulate the sale of tickets or issuance of passes or other evidences of the right to travel on any public transportation system using the streets, alleys, public ways or public places of the city.
(14) Provide for a license fee on animals and regulate, restrain and prohibit the running at large or keeping of animals and fowls in the city.
(15) Provide for the regulation and inspection of all bakeries and dairies in the city, and of all bakeries and dairies located outside of the city from which products are sold in the city; and for the inspection of all cows from which milk is sold in the city; and prescribe fees to be charged in connection with such regulation and inspection, and prescribe standards for the quality of all bakery and dairy products sold in the city.
(16) Provide for the inspection of meat, fish, vegetables, fruit and every or any food or food product offered for sale in the city; and provide for inspection, before slaughter, of all animals to be offered for sale in the city.
(17) Provide for the erection and maintenance of market houses.
(18) Establish fire zones of various classifications.
(19) Adopt and enforce all necessary police, health and sanitary regulations.
(20) Adopt and enforce such regulations and penal ordinances as may be necessary for maintaining and promoting the peace, lives, health, security and property of the inhabitants, for promoting the good government and welfare of the city, and for the performance of all municipal functions.
(21) Provide suitable penalties for the violation of any regulations enacted by the city.
(22) Exercise jurisdiction over all property owned by the city whether within or without the corporate limits of said city.
(23) Acquire, own, operate and maintain any character of public utility, including, without limitation, water, gas, light, power, telephone, telegraph and transportation systems, by any lawful means.
Par. 14. Cumulative powers. The enumeration of particular powers and the specification of the manner of exercising the same by this Charter shall never be deemed to be exclusive nor construed as a limitation upon the general powers herein granted or upon their exercise in any other lawful manner, and in addition to the powers enumerated herein or implied thereby, or appropriate to the exercise of such powers, it is intended that the city shall have and may exercise all powers it would be competent for this Charter specifically to enumerate.
(Ord. No. 85965, § 1 (Props. 1, 2), 5-5-97)
State Law References: Powers of home rule
cities generally,
ARTICLE II.
CITY COUNCIL
Sec. 4. Creation, composition and powers.
There is hereby created as the governing body of the City a Council which shall consist of eleven (11) members, each of whom shall be elected to and occupy a place, such places being numbered consecutively beginning with Place 1 and ending with Place 11.
Each member of the Council shall be a citizen of
The Councilmembers shall be elected from districts or wards which shall be drawn by ordinance and shall be as nearly equal in population as practicable.
The boundaries of the districts or wards shall be reexamined and redetermined by ordinance, where appropriate following each succeeding Federal decennial census, or at other times where substantial variances in the number and makeup of the population of districts or wards have occurred, taking into consideration annexations, disannexations, shifts in population, compactness, ethnic composition and other criteria established by law. On any annexations, the City Council shall designate the annexed area to be a part of the wards or districts to which it is contiguous.
Members of the Council for Place 1 through Place 10 shall be elected from such districts or wards which shall be numbered accordingly and each such member shall be elected by a majority vote of the qualified electors voting in said election in the particular district or ward. Each member from a district or ward shall reside within its boundaries at least six (6) months prior to filing his application for election and continuing during his or her term of office, and failure to do so shall render such office vacant. Candidates for and the person elected as member of the council in the remaining place, Place 11, may reside anywhere in the City and shall be elected by a majority of all qualified electors voting in said City election, with said Council Member to serve as Mayor as provided in Section 9 of this Charter.
No member of the Council may hold any other public
office or employment for which compensation is paid by the City or
(Ord. No. 47304, § 1 (Prop. 1), 10-27-76; Ord. No. 85965, § 1 (Prop. 1), 5-5-97)
Sec. 5. Terms of office.
The terms of office of all members of the council elected at a regular municipal election shall be for two (2) years beginning on the first day of June next following their election.
If a member of the council shall file to become a candidate for nomination or election to any public office, other than that of member of the council, he or she shall vacate immediately his or her place on the council and the vacancy thereby created shall be filled in the same manner as any other vacancies. (Ord. No. 44391, § 1 (Prop. 7), 10-3-74; Ord. No. 85965, § 1 (Prop. 1), 5-5-97)
Sec. 6. Compensation.
Each member of the council shall receive as compensation for his services as such member the sum of twenty dollars ($20.00) for each meeting of the council attended, provided that the total of such compensation shall not exceed one thousand forty dollars ($1,040.00) per annum.
Sec. 7. Forfeiture of office.
Any member of the council who ceases to possess the required qualifications for office; or who is convicted, while in office, of a felony or misdemeanor involving moral turpitude shall forfeit his office, which forfeiture shall be declared and enforced by a majority vote of the council.
Sec. 8. Vacancies.
Vacancies in the council other than in the last place (mayor) arising from any cause shall be filled by a majority vote of the remaining members for the unexpired term only and provided the successor shall possess all qualifications required for the office. In the event of a vacancy in the office of the mayor, the remaining council members shall elect from among themselves, by majority vote, a person to serve as mayor for the unexpired term and the person elected shall take over the last place on the council. (Ord. No. 44391, § (Prop. 2), 10-3-74)
Editors Note: Prop. Two provided that §§ 8 and 9 would be effective after the general city election on the first Tuesday of April, 1975.
State Law References: Filling vacancies, V.A.T.S. Election Code, arts. 4.09, 4.10.
Sec. 9. Mayor and mayor pro tem.
Par. 1. The person elected to the last place on the council shall serve as and be the mayor during his term of office.
The mayor shall be the presiding officer of the council and shall receive, in addition to compensation as a member of the council, the sum of three thousand dollars per annum.
Par. 2. The mayor pro tem shall act as mayor during the absence or disability of the mayor. Should a vacancy occur in the office of the mayor, the mayor pro tem shall act as mayor until the mayor's position has been filled as provided in Section 8 above. While serving as mayor, the mayor pro tem shall receive the same compensation as the mayor.
Par. 3. The mayor, the mayor pro tem and any member of council may be paid such expenses in connection with their official duties as may be provided by the council. (Ord. No. 44391, § 1 (Prop. 2), 10-3-74)
Note: See editor's note to § 8.
Sec. 10. City clerk.
The council shall choose a city clerk, who shall keep the records of the council and of the city, and who shall perform such other duties as may be required by this charter or the council. All civil process to the city shall be served upon the city clerk. Other officers and employees in the office of the clerk shall be in the classified civil service of the city, and, shall be appointed and may be removed by the city manager.
Sec. 11. Meetings of the council.
All meetings of the council shall be held at such times as may be prescribed by ordinance or resolution; but not less than one regular meeting shall be held each week, unless postponed for reasons to be spread on the minutes which shall be kept of all Council meetings. Special meetings of the Council shall be called by the City Clerk upon the written request of the Mayor, the City Manager or three members of the Council. All meetings of the Council and of any committees thereof shall be in compliance with the Texas Open Meetings Act as it may be amended from time to time.
(Ord. No. 85965, § 1 (Prop. 3), 5-5-97)
State Law References: Open meetings law,
Sec. 12. Council rules.
The council shall determine its rules and order of business and keep minutes of its proceedings. It shall have power to compel the attendance of absent members, and, by a vote of not less than seven members, may expel a member from a council meeting for disorderly conduct or the violation of its rules.
Sec. 13. Quorum.
A majority of the members of the council shall constitute a quorum to do business, but a lesser number may adjourn from time to time and compel the attendance of absent members in the manner prescribed by ordinance. A vote regarding adjournment or the attendance of absent members may be adopted by a majority of the members present; but in all other matters upon which the council may vote, a majority vote of all members of the council in office shall be necessary for adoption. In the event of the existence of six (6) or more vacancies, the remaining members shall constitute a quorum and may conduct all necessary business until such vacancies are filled. In all matters upon which the council votes, the individual votes shall be recorded by the clerk in the minutes of the council, and shall be a public record.
(Ord. No. 47304, § 1 (Prop. 1), 10-27-76)
Sec. 14. Ordinances and resolutions--Introduction and passage.
Ordinances and resolutions shall be introduced in the
council only in written or printed form. The enacting clause of all ordinances
shall be "Be it ordained by the City Council of the City of
Sec. 15. Same--When to take effect; emergency measures.
Except as otherwise provided in this Charter or by ordinance or law, all ordinances and resolutions passed by the council shall take effect at the time indicated therein, but not less than ten (10) days from the date of their final passage. The affirmative vote of at least eight (8) members of the council shall be required to pass any ordinance or resolution as an emergency measure. An emergency measure is an ordinance or resolution to provide for the preservation of the public peace, property, health or safety, in which the emergency is set forth, and may be made effective immediately upon enactment. 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. (Ord. No. 47304, § 1 (Prop. 1), 10-27-76)
Sec. 16. Same--Recording of ordinances, resolutions and minutes.
Each ordinance or resolution and the minutes of the council shall be recorded as soon as practicable by the city clerk in well bound books, which shall be public records. Ordinances shall be authenticated by the signature of the mayor and the city clerk and shall be systematically recorded in an ordinance book in a manner approved by the council. It shall only be necessary to record the caption or title of ordinances in the minute book of the council meetings.
Sec. 17. Same--Publication of ordinances.
Every ordinance imposing any penalty, fine or forfeiture for a violation of its provisions shall, after passage thereof, be published for one time in a newspaper published in the city. Proof of such publication by the printer or publisher of such newspaper made by affidavit before any officer authorized to administer oaths and filed with the city clerk shall be conclusive evidence of the legal publication and promulgation of such ordinance in all courts and elsewhere. Such publication may consist of the full text of the ordinance, or a substantive condensed statement of the nature and purpose of the ordinance and the penalty for violation thereof. The penalty, fine or forfeiture shall apply five days after publication.
The council may adopt any code or codification of ordinances or parts thereof, and may amend and correct such ordinances therein for the purpose of general distribution, and when so adopted and contained in printed, multigraphed or mimeographed form, publication of such code thereof need not be made other than by publication of the ordinance or resolution adopting the same, provided that three copies of such code or codification are filed for permanent record and inspection in the office of the city clerk prior to the adoption thereof.
Any administrative rules or regulations of any department of the city or of the state affecting the city, or any statute of Texas or any published code, specifications or requirements prepared by an official or unofficial organization for general circulation and use, may be made effective in the city by reference thereto in an ordinance, provided three (3) copies thereof are filed for permanent reference and inspection in the office of the city clerk prior to the adoption thereof.
State Law References: Publication of
ordinances,
Sec. 18. Same--Enactment of resolutions.
The council, or a majority thereof, may act by resolution in all cases except where an ordinance is by this Charter required; provided, that no contract on the part of the city shall be made or authorized, nor any money appropriated from the funds of the city nor any franchise or privilege for the use of any of the public streets or other public places of the city be granted or renewed, nor any lands of the city be conveyed, or leased, nor authority for such conveyance or lease given otherwise than by ordinance.
ARTICLE III.
MUNICIPAL ELECTIONS*
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* Editors Note: Ordinance No. 85965, § 1 (Prop. 5), adopted May 5, 1997, deleted article III, §§ 19--25 and provided for the following provisions to read as herein set out. Formerly, such article pertained to similar provisions and derived from an election effective 1-1-52; Ord. No. 44391, § 1 (Prop. 4), 10-3-74; Ord. No. 73584, 5-6-91; Ord. No. 85965, § 1 (Prop. 1), 5-5-97.
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Sec. 19. Regular and special elections.
The City Clerk shall be responsible for administering all City elections in accordance with the State Election Code and other applicable state law, provided that the Council may, by ordinance, make rules and regulations not inconsistent with state law. Candidates filing for office must pay a $100.00 filing fee or provide a petition with signatures of registered voters as provided by State law.
(Ord. No. 85965, § 1 (Prop. 5), 5-5-97)
Sec. 20. Limitation on terms of office.
No person shall be eligible to hold any elected office for more than two full terms, and shall not be placed on the ballot for election to any term if service for the full term would constitute a violation hereof. For the purpose of this section, the office of Mayor shall be considered a separate office from other Council places.
(Ord. No. 85965, § 1 (Prop. 5), 5-5-97)
Secs. 21--25. Reserved.
ARTICLE IV.
RECALL, INITIATIVE AND REFERENDUM
Sec. 26. Recall provisions.
Any member of the council may be removed from office by recall. A petition stating the general grounds on which removal of a district or ward council member is sought shall be signed by qualified electors equal in number to ten (10) per cent of those electors who were qualified to vote in such ward or district at the time of the last regular municipal election, and shall be filed by any qualified elector of the district or ward with the city clerk.
A petition stating the general grounds on which removal of the council member serving as mayor is sought shall be signed by qualified electors equal in number to ten (10) per cent of those electors who were qualified to vote at the time of the last regular municipal election, and shall be filed by any qualified elector of the city with the city clerk.
A separate petition shall be circulated with respect to each member of council whose removal is sought. (Ord. No. 47304, § 1 (Prop. 1), 10-27-76)
Sec. 27. Signatures to petitions.
The signatures to recall petitions need not all be appended to one petition and may be duplicated and assembled, but to each separate paper there shall be attached an affidavit to the circulator and such paper shall be invalid without such affidavit. Each signer of any petition paper shall, after his signature, show the place of residence by street and number or other description sufficient to identify the voting precinct. An affidavit attached to each petition or duplicate shall be as follows:
State of
________, being duly sworn, deposes and says that he personally circulated the foregoing paper, that all the signatures affixed thereto were made in his presence, and that he believes them 10 to be the genuine signatures of the persons whose names they purport to be.
Signed____
(Signature of Circulator)
Subscribed and sworn to before me this ________ day of ________, 19________.
____
Notary Public
Sec. 28. Filing, examination, and certification of recall petitions.
All petition papers comprising a recall petition shall be assembled and filed with the city clerk as one instrument. Within twenty (20) days after filing, the city clerk shall determine whether each paper of the petition is properly attested and whether the petition is signed by a sufficient number of qualified electors. Upon completing his examination, the city clerk shall certify the result thereof to the council. If he should certify that the petition is insufficient, he shall set forth in his certificate the particulars in which it is defective; provided, however, that except as to the particulars certified to be defective, the petition shall be deemed to be valid in all other respects.
Sec. 29. Amendment of petitions.
A recall petition may be amended at any time within twenty days after certification of insufficiency by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall, within ten (10) days after such supplement is filed, examine the supplementary petition and, if his certificate shall show the petition still to be insufficient, he shall file it in his office and notify the person filing and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prevent the filing of a new petition for the same purpose.
Sec. 30. Recall election ordered.
If a recall petition, or amended petition be certified by the city clerk to be sufficient, he shall at once submit it to the council and notify the member of council whose removal is sought of such action. The council shall order a recall election which shall be held not less than thirty nor more than forty days after the petition has been presented to the council, and at the same time as any other special or general election held within such period. If no such election is to be held, the council shall call a special election. Should the member of council whose removal is sought resign prior to said recall election, then no election shall be held.
Sec. 31. Ballots in recall election.
Ballots used in recall elections shall read as to each member of the council whose removal is sought as follows: "Shall (name of person) BE REMOVED FROM THE CITY COUNCIL BY RECALL?" Below such question there shall be printed the following as to each member:
"For the recall of (name of person)."
"Against the recall of (name of person)."
Sec. 32. Result of recall election.
If a majority of the votes cast be against recall of a member, he shall continue in office for the remainder of his term, but subject to recall as before. If a majority of such votes be for the recall of a member he shall, regardless of any defect in the recall petition, be deemed removed from office, and a successor shall be appointed.
Sec. 33. Limitations on recall petitions.
No recall petition shall be filed against a member of the council within three months after he takes office nor, in respect to a member subjected to a recall election and not removed thereby, until at least six months after such election.
Sec. 34. Power of initiative.
The electors shall have power to initiate any ordinance, except ordinances appropriating money, levying a tax, granting a franchise, or fixing public utility rates, and to adopt or reject the same at the polls; provided, however, that the foregoing limitations on initiated ordinances shall not apply to any ordinance initiated pursuant to the provisions of Article I, Section 3, Paragraph 12 of this Charter. Any initiated ordinance may be submitted to the council by a petition signed by qualified electors of the city equal in number to ten per cent of the electors qualified to vote at the time of the last regular municipal election. In addition to the ordinances excepted above, ordinances zoning or rezoning property shall not be subject to this power.
(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)
Sec. 35. Power of referendum.
The electors shall have power to approve or reject at the polls any ordinance passed by the council save one appropriating money, levying taxes, or fixing public utility rates, or any ordinance submitted by the council of its own initiative to a vote of the electors; provided, however, that the foregoing limitation on ordinances subject to a referendum shall not apply to any ordinances enacted pursuant to the provisions of Article I, Section 3, Paragraph 12 of this Charter. Ordinances submitted to the council by initiative petition and passed by the council shall be subject to the referendum in the same manner as other ordinances. Within forty days after the enactment by the council of any ordinance which is subject to a referendum, a petition signed by qualified electors of the city equal in number to at least ten per cent of the electors qualified to vote at the last preceding regular municipal election may be filed with the city clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors. In addition to the ordinances excepted above, ordinances zoning or rezoning property shall not be subject to this power.
(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)
Sec. 36. Form of petitions.
All petition papers circulated for the purpose of an initiative or referendum shall be uniform in size and style. Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate paper there shall be attached a statement of the circulator that he personally circulated the foregoing paper, that all the signatures appended thereto were made in his presence, and that he believes them to be the genuine signatures of the persons whose names they purport to be. Each signer of any such petition paper shall sign his name in ink or indelible pencil and shall indicate after his name his place of residence by street and number, or other description sufficient to identify the voting precinct.
Sec. 37. Filing, examination and certification of petitions.
All petition papers comprising a petition shall be assembled and filed with the city clerk as one instrument. Within twenty days after a petition is filed, the city clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors, and shall hold any petition paper entirely invalid which does not have attached thereto the statement signed by the circulator thereof. The city clerk shall certify the result of his examination to the council at its next regular meeting. If he shall certify that the petition is insufficient he shall set forth in his certificate the particulars in which it is defective and shall at once notify the person filing same of his findings.
Sec. 38. Amendment of petitions.
A petition may be amended at any time within twenty days after the notification of insufficiency has been sent by the city clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The city clerk shall, within ten days after such an amendment is filed, examine the amended petition and, if the petition be still insufficient, he shall file his certificate to that effect in his office and notify the person filing of his findings and no further action shall be had on such petition. The finding of the insufficiency of a petition shall not prevent the filing of a new petition for the same purpose.
Sec. 39. Effect of certification on referendum petition.
When a referendum petition, or amended petition, has been certified as sufficient, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it be in effect, until and unless approved by the electors.
Sec. 40. Consideration by council.
Whenever the council receives a petition from the city clerk, it shall be immediately considered. A proposed initiative ordinance shall be read and provision shall be made for a public hearing. The council shall take final action on the ordinance not later than sixty days after the date on which such ordinance was submitted to the council by the city clerk. A referred ordinance shall be reconsidered and the council shall, within thirty days, vote upon the question, "Shall the ordinance be repealed?"
Sec. 41. Submission to electors.
If the council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor, or if the council fail to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors at a special or regular municipal election not less than thirty nor more than ninety days from the date the council takes its final vote thereon.
Sec. 42. Form of ballot for initiated and referred ordinances.
Ordinances submitted to a vote of the electors in accordance with the initiative and referendum provisions of this Charter shall be submitted by ballot title which shall contain a clear, concise statement, without argument, of the substance of such ordinance. The ballot used shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot.
Sec. 43. Results of election.
If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the city. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
Sec. 44. Repealing ordinances; publication.
Initiative and referendum ordinances adopted or approved by the electors shall be published and may be amended or repealed by the council, as in the case of other ordinances; provided, however, that no ordinance adopted at the polls under the initiative or referendum shall be amended or repealed by the council within six months of adoption.
ARTICLE V.
ADMINISTRATIVE SERVICE
Sec. 45. City manager--Selection, appointment and removal.
Par. 1. Selection. The council shall appoint a city manager who shall be chosen on the basis of his executive and administrative qualifications. He shall receive compensation as fixed by the council and shall, during his tenure of office, reside within the city. No person ever elected to office as a member of the governing body of the city shall be eligible for appointment as city manager.
Par. 2. Appointment and removal. The city manager shall be appointed for an indefinite term, and may be removed by resolution at the discretion of the council by a majority vote of its members. Upon passage of a resolution stating the intention to remove the city manager and the reasons therefor, a copy of which shall be immediately furnished him, the council may suspend him from duty, but his salary shall continue until his removal becomes effective. Within twenty days after the passage of such a resolution, the city manager may reply in writing to it, and may request a public hearing. If so requested the council shall fix a time and place for a public hearing upon the question of removal, which shall be held not sooner than ten days nor more than twenty days after the receipt of such request. The final resolution removing the city manager shall not be adopted until such public hearing, if requested, has been held. The action of the council in removing the city manager shall be final. In case of the absence, disability or suspension of the city manager, the council may designate a qualified administrative officer of the city to perform the duties of the office. Pending the selection of any city manager following the adoption of this Charter, the council may appoint an acting city manager, who shall have all of the qualifications, powers and duties hereinbefore prescribed for the city manager, and who shall serve for a period not to exceed three months.
Sec. 46. Same--Powers and duties.
The city manager shall be responsible to the council for the proper administration of all affairs of the city and, subject to the civil service provisions of this Charter and except as otherwise provided herein, he shall have power and shall be required to:
(1) Enforce all laws and ordinances;
(2) Appoint and remove all officers and employees in the administrative service of the city; provided that he may authorize the head of a department or office to appoint or remove subordinates therein and provided, further, that he shall not appoint or remove officers and employees of:
(a) The board of trustees of the
(b) Any municipally-owned public utility, including electric, gas and water systems, while such utility is operating under the terms of any indenture, mortgage or deed of trust providing for employment by other authority.
(3) Exercise administrative supervision and control over all departments created by this Charter and hereafter created by the council;
(4) Keep the council fully advised as to the financial conditions and needs of the city; prepare and submit the budget annually to the city council and be responsible for its administration after its adoption; prepare and submit, as of the end of the fiscal year, complete report on the financial and administrative activities of the city for such year;
(5) Recommend to the council such actions as he may deem desirable;
(6) Prepare and submit to the council such reports as may be required of him;
(7) Attend all regular and special meetings of the council, and participate in the discussion of the council provided, however, that he shall have no vote;
(8) Act as the chief conservator of the peace within the city; and
(9) Perform such other duties as may be prescribed by this Charter or which may be required of him by ordinance or resolution of the council.
Sec. 47. Council members not to interfere in appointments or removals.
Members of the council shall not direct or request the city manager or any of his subordinates to appoint to or remove from office or employment, or in any manner take part in the appointment or removal of officers or employees in the administrative service of the city, except for the purpose of inquiry. The council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately. Any violations of the foregoing provisions by any member of the council shall constitute official misconduct, and shall authorize the council by a vote of two-thirds of its entire membership to expel such offending member, if found guilty after a public hearing, and declare the office vacant and appoint a successor.
Sec. 48. Investigations.
The council, the city manager, or any person or committee authorized by either or both of them, shall have power to inquire into the conduct of any department, agency or office of the city, and for that purpose shall have power to administer oaths. The council, on its own initiative, or upon request of the city manager, shall have power to subpoena witnesses, compel the production of books, papers and other evidence material to such inquiry.
The council shall provide by ordinance for penalties for contempt for refusal on the part of officers or employees of city departments, agencies, or offices, to obey such subpoenas, or to produce evidence.
Sec. 49. Boards, commissions, committees, and authorities.
Boards, commissions, committees, and authorities shall not be established to administer municipal functions of the City; provided, however, that this section shall not apply to (1) the Board of Trustees of the San Antonio public library, (2) the Municipal Civil Service Commission, (3) the Planning Commission, (4) boards of examiners and/or appeals established by ordinance to administer the provisions of building, electrical and plumbing codes, and (5) boards, commissions and authorities established under the provisions of the laws of Texas. The Council by ordinance may create boards, commissions or committees to assist in only an advisory capacity the City Council and heads of municipal departments in the performance of their duties. The members of any such advisory boards, commissions or committees shall be appointed by the Council and shall receive no compensation from the City.
(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)
Sec. 50. Administrative departments created, control.
There are hereby created and placed under the control of the city manager the following administrative departments of the city government:
(1) Legal department
(2) Finance department
(3) Police department
(4) Fire department
(5) Public works department
(6) Public health department
(7) Parks and recreation department
(8) Aviation department
In addition to the administrative departments created hereby, the council shall have power by ordinance to establish, discontinue or redesignate other administrative departments or offices. The council may combine any two of the departments and/or administrative offices created by this Charter. No functions or duties assigned by this Charter to a particular department or office shall be abolished, except as otherwise provided by this Charter, but such functions or duties may be assigned by ordinance to other administrative departments or offices of the city; provided, however, that no changes shall be made by the council in the organization of the administrative service of the city until the recommendations of the city manager thereon shall have been heard by the city council; and provided, further, that all administrative departments and offices of the city shall be under the direction and supervision of the city manager.
Sec. 51. Directors of departments.
At the head of each department there shall be a director who shall be appointed and who may be removed by the city manager. Said directors shall have supervision and control over their respective departments, subject to approval by the city manager, except as otherwise specifically provided by this Charter.
Sec. 52. Department divisions.
The work of each department shall be distributed among such divisions thereof as may be established by ordinance; provided, however, that no division shall be established unless the city manager shall have been given an opportunity to have been heard thereon; provided, further, that pending the passage of an ordinance or ordinances distributing the work of the departments under the supervision and control of the manager among specific divisions thereof, the manager may establish temporary divisions.
Sec. 53. Appointment, qualifications, general duties of City Attorney.
There shall be a de