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The City of Burnet has called a Special Charter Amendment Election along with the General Election for City Council MembersThe City of Burnet has called a Special Charter Amendment Election along
with the General Election for City Council Members,
May 11, 2013
7:00 a.m. to 7:00 p.m.
Burnet County Courthouse
The Charter Committee reviewed the City Charter beginning in October and completing the review in December 2012. The committee recommended nine propositions to be placed on the ballot for citizen’s consideration. The propositions to be presented on the May 11, 2013 Special Election Ballot are as follows:
PROPOSITION NO. 1
PROPOSICIÓN NO. 1
Shall Article III, Section 3.03, D. of the City Charter be amended to define when taxes and other liabilities are delinquent for purposes of qualifying for the candidacy of City Council?
FOR _______ AGAINST ________
¿Se modificará para definir cuando son delincuentes para fines de clasificación para la candidatura del Ayuntamiento de impuestos y otras obligaciones artículo III, sección 3.03, D. de la carta de la ciudad?
PARA _______ CONTRA _______
SECTION 3.03 Qualifications
A citizen who desires to become a candidate for an elective City office shall file with the City Secretary a signed, sworn application for the citizen's name to appear on the ballot. The application shall represent that the citizen meets each qualification for the office. The application shall be filed not less than forty-five (45) calendar days prior to the date of the election.
Each candidate for an elective City office shall have the following qualifications as of the time and date the candidate files the application:
A. Shall be a U.S. citizen.
B. Shall be a registered voter of the City, and twenty-one (21) years of age or over.
C. Shall have resided for at least twelve (12) months preceding the election within the corporate limits of the City or within an area having been annexed into the City.
D. Shall not be in arrears in the payment of any taxes or other liabilities due the City. "In arrears" is defined herein to mean that payment has not been received within ninety (90) days from due date. Shall not be Delinquent in the payment of any Property Taxes or other liabilities due the City. “Delinquent”, as it relates to Property Taxes, is defined herein as that term is defined in the Texas Property Code. With regards to other liabilities due the City "Delinquent" is defined herein to mean that payment has not been received within ninety (90) days from due date.
E. Shall not have been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities.
F. Shall be disqualified by reason of having been judged incompetent by a final judgment of court, or by reason of any provision of any other section of this Charter or by any provision of State law.
G. Shall not be a candidate for any other office in the same election.
H. Shall not be an employee of the City at the time of filing for office.
PROPOSITION NO. 2
PROPOSICIÓN NO. 2
Shall Article III, Section 3.07, C. of the City Charter be amended by providing a process for how and when a vacancy on City Council is filled?
FOR ________ AGAINST _________
¿Artículo III, sección 3.07, C. de la carta de la ciudad se modifica al proporcionar un proceso para saber cómo y cuando una vacante en el Consejo de la ciudad?
PARA ________ CONTRA __________
SECTION 3.07 Vacancies, Forfeiture, and Filling of Vacancies
C. Filling of Vacancies.
1. When a single or double vacancy occurs in the City Council, the remaining members of the City Council may:
a. Appoint a qualified person to fill the unexpired term(s). An appointment must be approved by an affirmative vote of at least five (5) members of the City Council members; or
b. Order an election to fill the unexpired term(s) at the next regular general election.
2. Should three (3) vacancies exist on City Council at the same time then City Council shall order an election to fill the vacancies on the next available uniform election date as provided by law.
3. All appointments to City Council shall serve until the next regular election.
4. All appointments to City Council shall be qualified to serve pursuant to Section 3.03 of this Charter and shall take office immediately upon appointment.
SECTION 4.02. - Administrative Departments.
There shall be administrative departments as established by this Charter and as established by ordinance. The City Manager shall direct and supervise all administrative departments, unless this Charter directs otherwise. The City Council shall have power by ordinance to establish administrative departments not herein provided by this Charter and may discontinue, redesignate or combine any of the departments created by ordinance. No changes shall be made by the City Council in the organization of the administrative departments of the City until the recommendations of the City Manager shall have been heard by the City Council. The head of each department shall be a director who shall have departmental supervision and control. Except as provided otherwise in this Charter, each department head shall be appointed and may be removed by the City Manager. The same individual may head two (2) or more departments and the City manager may head one (1) or more departments.
PROPOSITION NO. 3
PROPOSICIÓN NO. 3
Shall Article IV, Section 4.03, B. of the City Charter regarding the appointment of the presiding judge of municipal court be amended for consistency with State law?
FOR ________ AGAINST _______
¿Se modificará artículo IV, sección 4.03, B. de la carta de la ciudad en cuanto al nombramiento del juez del tribunal municipal de consistencia de la ley del estado ?
PARA _______ CONTRA ______
PROPOSITION NO. 4
PROPOSICIÓN NO. 4
Shall Article IV, Section 4.03, E. of the City Charter regarding the appointment of the alternate judges of municipal court be amended for consistency with State law?
FOR __________ AGAINST __________
¿Se modificará artículo IV, sección 4.03, E. de la Constitución de la ciudad en cuanto al nombramiento de los magistrados alternos del tribunal municipal de consistencia de la ley del estado?
PARA __________ CONTRA ___________
PROPOSITION NO. 5
PROPOSICIÓN NO. 5
Shall Article IV, Section 4.03, F. of the City Charter be amended to provide a process for the removal of the presiding judge of municipal court?
FOR ___________ AGAINST _________
¿Se modificará artículo IV, sección 4.03, f el. de la Constitución de la ciudad para proporcionar un proceso para la remoción del Juez Presidente del tribunal municipal?
PARA __________ CONTRA _________
SECTION 4.03 Municipal Court
A. Municipal Court Established. There shall be established and maintained a court, designated as the Municipal Court for the trial of misdemeanor offenses and other matters as provided by State law or ordinance. The Municipal Court shall perform such other duties and functions appropriate for the Municipal Court as are established by ordinance not inconsistent with State law. The Municipal Court shall have all such other powers and duties as are now, or may in the future be prescribed by laws of the State of Texas, relative to municipal courts.
B. Presiding Judge. The Presiding Judge of the Municipal Court shall be appointed by the City Council to serve an indefinite term at the discretion of the City Council and shall hold office for two years from the date of appointment unless sooner removed by a majority of the members of the City Council as provided for herein. The Presiding Judge shall have such qualifications as are required by the City Council and State law, shall report to the City Council, shall be required to participate in training programs available for municipal judges, and shall receive such salary as fixed by the City Council.
C. Court Clerk. There shall be a clerk of the Municipal Court and such deputies as the City Council may deem advisable, who shall be appointed by the City Manager.
D. Duties of Clerk. The Clerk and Deputies of the Municipal Court shall have the power to administer oaths and affidavits, make certificates, affix the seal of the Municipal Court and generally do and perform any and all acts usual and necessary to be performed by the clerks of courts in issuing process and conducting business.
E. Additional Alternate Judges. The City Council shall have the power to appoint additional alternate judges who may serve in the temporary absence of the Presiding Judge. Alternate Judges serve at the pleasure of the City Council.
F. Costs and Fines. All costs and fines collected by the Municipal Court shall be paid into the City treasury daily for the use and benefit of the City.
F. Removal of Presiding Judge. The Presiding Judge may, subject to the other provisions of this subsection, be removed from office for willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful or persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit upon the judiciary or administration of justice. Any person holding such office may be disciplined or censured, in lieu of removal from office, as provided by this section. Any person holding an office specified in this subsection may be suspended from office with or without pay by the City Council immediately on being indicted by a State or Federal grand jury for a felony offense or charged with a misdemeanor involving official misconduct. Upon the motion of the City Council or on the filing of a sworn complaint charging a person holding such office with willful or persistent violation of rules promulgated by the Supreme Court of Texas, incompetence in performing the duties of the office, willful violation of the Code of Judicial Conduct, or willful and persistent conduct that is clearly inconsistent with the proper performance of his duties or casts public discredit on the judiciary or on the administration of justice, the City Council, after giving the person notice and an opportunity to appear and be heard before the City Council may, after considering the record of such appearance may, suspend with or without pay, censure, or otherwise discipline the Judge; or remove the Judge from office
PROPOSITION NO. 6
PROPOSICIÓN NO. 6
Shall Article IV, Section 4.10 of the City Charter be amended to provide that the City Council shall, by ordinance, determine the qualifications for appointment to City Boards and Commissions?
FOR ____________ AGAINST ___________
¿Se modificará artículo IV, sección 4.10 de la carta de la ciudad para proporcionar que, por ordenanza, el Concejo Municipal determinará los requisitos para el nombramiento a la ciudad y comisiones?
PARA ___________ CONTRA ____________
SECTION 4.10 Boards and Commissions
The City Council shall have authority to establish by ordinance such boards and commissions as it may deem necessary for the conduct of City business and management of municipal affairs. The authority, functions, qualifications and responsibilities of such boards and commissions shall be delineated in the establishing ordinances. All existing boards and commissions previously established shall be continued in accordance with the ordinances or other acts under which they have been created, or until the City Council shall by ordinance abolish, modify or alter the ordinances or acts under which they exist. Regardless of any other provision of this Charter, the elected City Council shall have paramount authority over all matters affecting the budgets, appropriation of funds, expenditures, purchases and sale of properties and procedures for accounting, consistent with the express provisions of this Charter, and not inconsistent with the applicable provisions of the Constitution and laws of the State of Texas. ¶
Each candidate for an appointment as a member of a board or commission shall be a registered voter qualified to vote in City elections and shall not be in arrears in the payment of any taxes or other liabilities due to the City (See definition in Section 3.03, D). No member of a board or commission shall continue in such position after filing for an elective office.
PROPOSITION NO. 7
PROPOSICIÓN NO. 7
Shall Article V, Section 5.08 of the City Charter regarding the canvassing of election returns be amended for consistency with State law?
FOR ____________ AGAINST ________
¿Se modificará artículo V, sección 5,08 de la carta de la ciudad con respecto a la canvassing de los retornos de elección para la consistencia de la ley del estado?
PARA ____________ CONTRA _________
SECTION 5.08 – Votes Required and Canvassing of Returns
Within not less than three (3) nor more than six (6) days after a City election, the City Council shall meet, canvass the returns, and declare the results of the election. At the regular City election in odd-numbered years, the candidate for Mayor who receives the highest number of votes shall be declared elected. In each regular City election, the three (3) candidates for Council Member who individually receive the highest number of votes shall be declared elected. At a special election to fill more than one Council Member office, if two Council Member positions are to be filled, the two candidates that receive the highest number of votes cast for individual candidates shall be declared elected. If three such offices are to be filled, the three candidates that receive the highest number of votes cast for individual candidates shall be declared elected, etc. The returns of every municipal election shall be recorded in the minutes of the City Council, by totals for each candidate, or for and against each issue submitted. City Council shall canvass the returns of all elections pursuant to state law.
PROPOSITION NO. 8
PROPOSICIÓN NO. 8
Shall Article VII, Section 7.02 of the City Charter be amended to require the submission of a five (5) year projected budget by the City Manager during the budget process?
FOR _____________ AGAINST ___________
¿Artículo VII, sección 7.02 de la carta de la ciudad se modificará para exigir la presentación de un presupuesto proyectado de cinco 5 años por el administrador de la ciudad durante el proceso de presupuesto?
PARA ____________ CONTRA ____________
SECTION 7.02 – Submission of Budget and Budget Message
On or before the 15th day of August of each fiscal year, the City Manager shall submit to the City Council a budget for the ensuing fiscal year, a five (5) year projected operating budget and an accompanying message.
PROPOSITION NO. 9
PROPOSICIÓN NO. 9
Shall Article VII, Section 7.11 of the City Charter be amended to provide for withdrawals of money from depositories on the signature of two city officials appointed by City Council?
FOR ____________ AGAINST __________
¿Se modificará el artículo VII, sección 7.11 de la carta de la ciudad para retiros de dinero de los depósitos de la firma de dos funcionarios municipales nombrados por el Consejo de la ciudad?
PARA ___________ CONTRA ___________
SECTION 7.11 – Depository
All moneys received by any person, department or agency of the City for or in connection with affairs of the City shall be deposited daily in the City depository or depositories. The City Council shall designate depositories in accordance with regulations and subject to security requirements for deposits and accrued interest as may be established by ordinance. All checks, vouchers, or warrants for the withdrawal of money from the City depositories shall be signed by the City Manager or by the Mayor in the abscense of the City Manager and countersigned by a two City officials as designated by the City Council. The City Council may by ordinance authorize the use of machine-imprinted facsimile signatures of the Mayor or City Manager on checks, vouchers and warrants. However, two original signatures shall be required for all checks in excess of $5,000.
The Charter Amendments will not render any fiscal impact on the City of Burnet.
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