City  Government

CHARTER TABLE OF CONTENTS

Art. I. Incorporation, Form of Government

         and Powers

      1.Incorporation

      2.Powers

      3.Form of government

Art. II. Elections

      1.General election

      2.Regulation of elections

      3.Filing of candidates

      4.Canvassing elections and declaring

         results

      5.Notification and qualification of city

        officers

Art. III. The Council

      1.Composition

      2.Term of office

      3.Qualifications

      4.Vacancies

      5.Powers of the council

      6.Investigative body

      7.Interference in personnel matters

      8.Mayor and mayor pro tem

      9.Compensation

      10.Meetings of the council

      11.Rules of procedure

      12.Chaplain

      13.Procedure to enact legislation

      14.Publication of ordinances

      15.Code of ordinances

Art. IV. Administrative Organization

      1.The city manager

      2.Powers and duties of the city manager

      3.Administrative departments

      4.Directors of departments

      5.Departmental organization

      6.Attorney

Art. V. Finance

      1.Fiscal year

      2.Budget preparation and adoption

      3.Appropriations

      4.Emergency appropriations

      5.Disposition of funds

      6.General obligation bonds

      7.Revenue bonds

      8.The sale of bonds

      9.Purchasing procedure

      10.Independent audit

Art. VI. Taxation

      1.Powers of taxation

      2.Assessor-collector of taxes

      3.Assessment of property for tax purposes

      4.Board of equalization

      5.Tax payments

      6.Tax liens and liability

      7.Joint interest in property

      8.Arrears of taxes to offset debt against city

      9.Other rules and regulations

Art. VII. Municipal Court

      1.Municipal court

      2.Judge of the municipal court

Art. VIII. Planning

      1.The city planning and zoning commission

Art. IX. Franchises and Public Utilities

      1.Inalienability of control of public property

      2.Ordinance granting franchise

      3.Regulation of franchise

      4.Regulation of rates

Art. X. Initiative, Referendum and Recall

      1.Power of initiative

      2.Power of referendum

      3.Frequency of elections

      4.Power of recall

Art. XI. General Provisions

      1.First election under this Charter

      2.Election for adoption of this Charter

      3.Budget

      4.Effect of Charter on existing law

      5.Official oath

      6.Public records

      7.Official newspaper

      8.Notice of claim

      9.Assignment, execution, and garnishment

      10.Security or bond not required

      11.Personal interest in city contracts

      12.Unauthorized gifts

      13.Nepotism

      14.Depository

      15.Boundaries of wards

      16.Judicial notice

      17.Construction of Charter

      18.Separability clause

      19.Amending the Charter

Statutory reference:

      Adoption; amendment, etc., of Home Rule

        Charter, Tex. Rev. Civ. Stat., Art. 1165

        et seq.

CHARTER

ARTICLE I. INCORPORATION,

FORM OF GOVERNMENT AND POWERS

Sec. 1. Incorporation.

      The inhabitants of the City of Lufkin, Angelina County, Texas, residing within its corporate limits as heretofore or hereafter established are hereby constituted and shall continue to be a municipal body politic and corporate in perpetuity under the name of the ÒCity of LufkinÓ hereinafter referred to as the Òcity,Ó with such powers, privileges, rights, duties and immunities as are herein provided.

Sec. 2. Powers.

      The city shall have all the power granted to cities by the Constitution and laws of the State of Texas together with all of the implied powers necessary to carry into execution such granted powers. The powers hereby conferred upon the city shall include, but are not restricted to, the powers conferred expressly and permissively by chapter 147, page 307, of the Acts of the 33rd Legislature, Regular Session, enacted in 1913 pursuant to the Home Rule Amendment of the Constitution of Texas, known as the Enabling Act and including articles 1175, 1176, 1177, 1178, 1179, 1180, of the Revised Civil Statutes of Texas, 1925, as now or hereafter amended, all of which are hereby adopted. In addition to the powers enumerated herein, and subject only to the limitations imposed by the state constitution, the state laws and this Charter, the city shall have, without the necessity of express enumeration, each and every power which, by virtue of article XI, section V, of the Constitution of Texas, the people of the city are empowered by election to grant or confer upon the city by expressly and specifically granting and enumerating the same herein. All such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this Charter; or when not prescribed herein, in such manner as shall be provided by ordinance.

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Sec. 3. Form of government.

      The municipal government provided by this Charter shall be, and shall be known as, Òcouncil-manager government.Ó Pursuant to the provisions of, and subject only to the limitations imposed by, the state constitution, the state laws and this Charter, all powers of the city shall be vested in and exercised by an elective council, hereinafter referred to as the Òcouncil.Ó

(Amended by the electorate, 5-7-94)

ARTICLE II. ELECTIONS

Sec. 1. General election.

      The regular election of members of the council shall be held on the first Tuesday of April of each year. In every such election each qualified voter shall vote for not more than one candidate for each council place to be filled. Said election shall be ordered by the council or, in case of its failure to order the same, the mayor of the city shall make such order. In the case of the failure of the council or the mayor to act, the election may be ordered by the city secretary and, in case of his/her failure to act, by the county judge of Angelina County, Texas, and in case of his/her failure to act, by the governor of the State of Texas. The city secretary shall give notice of such election by causing said notice to be published at least forty-five (45) days previous to the day of such election in the official newspaper of the city.

(Amended by the electorate, 5-7-94)

Sec. 2. Regulation of elections.

      All elections shall be held in accordance with the laws of the State of Texas. The council shall adopt an ordinance regulating the holding of municipal elections and such ordinance shall provide for sufficient polling places to enable voters to expeditiously cast their ballots and shall provide for the installation of adequate equipment to guarantee a secret ballot. The council shall appoint the election

judges and other election officials and shall provide for their compensation and for all other expenses of holding such elections.

      There shall be six single-member districts or wards as follows:

            Ward No. 1 Ñ Central District

            Ward No. 2 Ñ North District

            Ward No. 3 Ñ East District

            Ward No. 4 Ñ Southeast District

            Ward No. 5 Ñ Southwest District

            Ward No. 6 Ñ Northwest District

(Amended by the electorate, 5-7-94)

Sec. 3. Filing of candidates.

      Any qualified person who desires to become a candidate for election to the council shall file with the city secretary, at least thirty (30) days prior to the election day, an application for his/her name to appear on the ballot. Such application shall clearly designate the position on the council to which the candidate seeks election and shall contain a sworn statement by the candidate that he/she is fully qualified under the laws of Texas and the provisions of this Charter to hold the office he/she seeks.

(Amended by the electorate, 5-7-94)

Sec. 4. Canvassing elections and declaring results.

      The returns of every municipal election shall be delivered forthwith by the election judges to the city secretary. The council shall canvass the returns, certify the qualifications of the candidates and declare the official results of the election not later than the first regular meeting following the delivery of such returns to the city secretary. The qualified person receiving a majority of the qualified votes polled at such election shall thereupon be declared by the council to have been elected. In the event any candidate fails to receive a majority of the qualified votes polled at such regular election for the office for
4Lufkin - Charter

which he/she is a candidate, the council shall immediately order a special election to be held not less than ten days nor more than twenty days after the results of the regular election shall have been declared. At such special election the names of the two candidates receiving the highest number of votes cast at the regular election for the office for which they are candidates shall be submitted for the election and the candidate receiving the majority of votes at such special election for the position for which he/she was a candidate shall be declared duly elected.

(Amended by the electorate, 5-7-94)

Sec. 5. Notification and qualification of city

officers.

      It shall be the duty of the city secretary to promptly notify all persons elected or appointed to office of their election or appointment. Any officer elected or appointed must qualify by taking and subscribing his/her oath of office within thirty (30) days; otherwise the office shall be vacant.

ARTICLE III. THE COUNCIL

Sec. 1. Composition.

      The council shall consist of a mayor, who may reside in any portion of the city; two councilmen-at-large (places A and B), each of whom may reside in any portion of the city; a councilman from ward no. 1, who shall be a resident of ward no. 1 at the time of his/her election and for a period of six months prior thereto; councilman from ward no. 2, who shall be a resident of ward no. 2 at the time of his/her election and for a period of six months prior thereto; councilman from ward no. 3, who shall be a resident of ward no. 3 at the time of his/her election and for a period of six months prior thereto; and a councilman from ward no. 4, who shall be a resident of ward no. 4 at the time of his/her election and for a period of six months prior thereto.

(Amended by the electorate, 5-7-94)

Sec. 2. Term of office.

      Each member of the council shall be elected for a term of three years or until his/her successor shall be elected and qualified, provided, however, that members of this council elected at the first election hereunder shall serve for the terms as set out in section 1 of article XI of this Charter.

(Amended by the electorate, 5-7-94)

Sec. 3. Qualifications.

      Each member of the council shall at the time of his/her election to office, be at least twenty-five years of age and shall be a qualified voter of the State of Texas and a citizen of and taxpayer of the city for a period of time not less than two years next preceding his/her election. No member of the council shall hold any other office or employment under the city government while he/she is a member of the council, nor shall he/she hold any paid employment under the city government within two years thereafter. A member of the council ceasing to reside in the city or who shall be convicted of a crime involving moral turpitude shall immediately and ipso facto forfeit his/her office.

(Amended by the electorate, 5-7-94)

Sec. 4. Vacancies.

      If only one seat on the council becomes vacant, it shall be filled by a majority vote of the remaining members until the next regular city election. If two or more seats on the council become vacant at any time a special election shall be called to fill such vacancies unless the next regular city election is to be held within a 90 day period and in that event the seats shall remain vacant until filled at such regular election; provided, however, if at any time as many as four vacancies exist on the council, a special election shall be immediately ordered to fill all such vacancies. Such special election shall be ordered by the city council and, in case of its failure to order the same, such special election shall be ordered as provided in section 1 of article II of this Charter.

(Amended by the electorate, 5-7-94)

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Sec. 5. Powers of the council.

      All powers and authority which are expressly or impliedly conferred on or possessed by the city shall be vested in and exercised by the council except those expressly conferred upon other city officers, commissions, or boards by this Charter or by state law.

(Amended by the electorate, 5-7-94)

Sec. 6. Investigative body.

      The council shall have the power to inquire into the official conduct of any department, agency, office, officer or employee of the city and for that purpose shall have the power to administer oaths, subpoena witnesses, compel the production of books, papers, and other evidence material to the inquiry. The council shall provide by ordinance penalties for contempt for failure to obey any such subpoena or for failure to produce any such papers, books or other evidence and shall have the power to punish any such contempt in the manner provided by such ordinance.

(Amended by the electorate, 5-7-94)

Sec. 7. Interference in personnel matters.

      Neither the council nor any of its members shall instruct or request the city manager or any of his/her subordinates to appoint to or remove from office or employment any person except with respect to those offices which are to be filled by appointment by the council under the provision of this Charter. Except for the purpose of inquiry and investigation, the council and its members shall deal with the administrative service of the city solely through the city manager and shall not give orders to any of the city manager's subordinates either publicly or privately.

(Amended by the electorate, 5-7-94)

Sec. 8. Mayor and mayor pro tem.

      The council shall by election designate one of its members as mayor pro tem who shall serve in such capacity during the pleasure of the council. The

mayor pro tem shall act as mayor during the absence or disability of the mayor and shall have power to perform every act the mayor could perform.

(Amended by the electorate, 5-7-94)

Sec. 9. Compensation.

      Each councilman shall receive the sum of ten and no/100 dollars ($10.00) and the mayor the sum of fifteen and no/100 dollars ($15.00) for each meeting of the council; provided that neither the mayor nor any councilman shall receive pay for more than two meetings in any one month; and provide[d] further that neither the mayor nor any councilman shall receive pay for any meeting at which he/she was not present.

(Amended by the electorate, 5-7-94)

Sec. 10. Meetings of the council.

      There shall be regular public meetings of the council at such times and places as shall be prescribed by ordinance or resolution. Regular meetings of the council shall be held at least once each calendar month. Special meetings may be called at any time by the mayor or four councilmen. Notice of special meetings shall be given to all members of the council by telegraph sent to each member of the council at his/her last known address at least eight hours prior to the hour of such special meeting designating the time and place of such meeting and the subject, or subjects, to be considered at the same and no other subject, or subjects, shall be considered at such special meeting; provided however, that any member of the council may, either before or after such special meeting, waive such notice.

(Amended by the electorate, 5-7-94)

Sec. 11. Rules of procedure.

      The council shall by ordinance determine its own rules and order of business. Four qualified and serving members of the council shall constitute a quorum for all meetings for the transaction of all business but no action of the council shall be of any force or effect unless it is adopted by the favorable votes of four or more members of the council. Each
6Lufkin - Charter

member of the council present at any meeting shall vote on every question, ordinance or resolution. Any member of the council present and refusing to vote shall be entered in the minutes of such meeting as voting in the affirmative, provided however, that a member of the council shall not vote upon the consideration of any matter involving his/her own official conduct or where his/her financial interest is involved; in which event such member shall give his/her reasons for not voting and such reasons shall be entered upon the minutes of the council. Minutes of all meetings of the council shall be taken and recorded and such minutes shall constitute a public record.

(Amended by the electorate, 5-7-94)

Sec. 12. Chaplain.

      The council may make provisions for the attendance and service of a chaplain at each regular meeting and at any special meetings at which his/her services are desired.

(Amended by the electorate, 5-7-94)

Sec. 13. Procedure to enact legislation.

      The council shall legislate by ordinance and the enacting clause of every ordinance shall be: ÒBe it ordained by the city council of the City of Lufkin.Ó  Every ordinance enacted by the council shall be signed by the mayor, or mayor pro tem, or by two councilmen and shall be filed with and recorded by the city secretary. All ordinances, unless otherwise provided by law or this Charter, shall be read and passed in two regular meetings of the council before their adoption. All ordinances, unless otherwise provided by law or this Charter, or by the terms of such ordinance, shall take effect immediately upon final passage thereof. The requirements for reading and passing ordinances in two regular meetings may be dispensed with where an ordinance relating to the immediate preservation of the public peace, health or safety is adopted by the favorable vote of three-fourths of all council members qualified and serving and contains a statement of the nature of the emergency.

(Amended by the electorate, 5-7-94)

Sec. 14. Publication of ordinances.

      Except as otherwise provided by law or this Charter, the city secretary shall give notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for any violation of any of its provisions and of every other ordinance required by law or this Charter to be published by causing the said ordinance, or its caption and penalty, to be published at least one time within ten days after final passage thereof in the official newspaper of the city. The affidavit of such publication by the publisher of such newspaper taken before any officer authorized to administer oaths and filed with the city secretary shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. Such ordinance shall take effect ten days after the date of such publication, provided that any penal ordinances passed as an emergency measure shall take effect immediately on its publication.

Sec. 15. Code of ordinances.

      The council shall have the power to cause all general ordinances of the city to be compiled and printed in code form. When adopted by the council, the printed codes of general ordinances contemplated by this section shall be in full force and effect without the necessity of such code, or any part thereof, being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the city may be omitted without affecting the validity of such ordinances when they are published as a code. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code.

(Amended by the electorate, 5-7-94)

ARTICLE IV. ADMINISTRATIVE

ORGANIZATION

Sec. 1. The city manager.

      The council shall appoint a city manager who shall be the administrative and executive officer of the city. He/she shall be chosen by the council solely on
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the basis of his/her training, experience and ability. He/she need not, when appointed, be a resident of the City of Lufkin; however, upon acceptance he/she shall immediately establish his/her residence within the city.

      The city manager shall not be appointed for a definite term but may be removed at the will and pleasure of the council by the vote of a majority of all councilmen qualified and serving. If removed at any time after he/she has served six months he/she may, within ten (10) days of the order of removal, demand written charges specifying the grounds of his/her removal and the right to be heard thereon at a public meeting of the council. Such hearing shall be at a time and on a date set by the council within thirty (30) days from the date of the issuance of the order of the removal of the city manager.  Irrespec-tive of whether or not a hearing is demanded, the action of the council in removing the city manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such removal in the council.

      The city manager shall receive such compensa-tion as may be fixed by the council.

(Amended by the electorate, 5-7-94)

Sec. 2. Powers and duties of the city manager.

      The city manager shall be responsible to the council for the proper administration of all the affairs of the city. The powers and duties herein conferred upon the city manager shall include, but shall not be limited by, the following:

      (a)To appoint and remove any officer or employee of the city except those officers and employees whose appointment or election is otherwise provided for by law or this Charter.

      (b)Prepare the budget annually, submit it to the council and be responsible for its administration after its adoption.

      (c)Keep the council informed of the financial condition of the city and make recommenda-tions on current and future needs of the city as may seem desirable.

      (d)To perform such other duties as may be prescribed by this Charter or required of him/her by the council which are not inconsistent with the provisions of this Charter.

(Amended by the electorate, 5-7-94)

Sec. 3. Administrative departments.

      There shall be such administrative departments as are established by this Charter and as may be established by ordinance, all of which shall be under the control and direction of the city manager. The council may abolish or combine one or more depart-ments created by it and may assign or transfer duties of any departments of the city from one department to another by ordinance.

(Amended by the electorate, 5-7-94)

Sec. 4. 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. Such directors shall have supervision and control over their respective departments. Two or more departments may be headed by the same individual and the city manager may head one or more departments.

Sec. 5. Departmental organization.

      The work of each department shall be designated by the city manager or by ordinance.

Sec. 6. Attorney.

      The city manager, with the approval of the council, shall appoint an attorney, or attorneys, licensed to practice law in the State of Texas to serve as legal advisor to the city and to all officers and departments of the city. He/she shall represent the
8Lufkin - Charter

city or be responsible for the representation of the city in all cases. He/she shall either draft, approve or file his/her written legal objections to every ordinance adopted by the council and he/she shall pass upon all documents, contracts and legal instruments in which the city may have an interest.

(Amended by the electorate, 5-7-94)

ARTICLE V. FINANCE

Sec. 1. Fiscal year.

      The fiscal year of the city shall begin on the first day of October and end on the last day of September. All funds collected by the city during any fiscal year, including both current and delinquent revenues, shall belong to such fiscal year and, except for funds derived to pay interest and create a sinking fund on the bonded indebtedness of the city, may be applied to the payment of expenses incurred during such fiscal year, except as provided in this Charter. Any revenues uncollected at the end of any fiscal year, and any unencumbered funds actually on hand, shall become resources of the next fiscal year.

Sec. 2. Budget preparation and adoption.

      At least forty-five (45) days prior to the end of each fiscal year the city manager shall submit to the council a proposed budget presenting a complete financial plan for the ensuing fiscal year and a resume of the same shall be printed at least once in a newspaper of general circulation within the city within one week, either before or after, such budget is presented. Such resume shall show any increase or decrease in estimated spending or income for any department. The budget shall be finally adopted not later than the twenty-seventh day of September. Should the council take no final action on or prior to such day, on a proposed budget which has been timely and duly submitted by the city manager, the budget, as submitted, shall be deemed to have been finally adopted by the council. In the event the city manager fails to timely submit a proposed budget as provided herein the council may cause the same to be

prepared by someone else and may consider and adopt the same. No budget shall be adopted nor appropriations made except as provided in this article.

(Amended by the electorate, 5-7-94)

Sec. 3. Appropriations.

      From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Except as provided in this article no funds of the city shall be expended nor shall any obligation for the expenditure of money be incurred except pursuant to the annual appropriation ordinance provided by this article. At the close of each fiscal year any unencumbered balance of an appropriation shall revert to the fund from which appropriated and become available for reappropriation for the next fiscal year. The council may transfer any unencumbered appropriation balance or portion thereof from one office, department, or agency to another, at any time. The city manager shall have authority, without council approval, to transfer appropriation balances from one expenditure account to another within a single office, department or agency.

(Amended by the electorate, 5-7-94)

Sec. 4. Emergency appropriations.

      At any time in any fiscal year, the council may, pursuant to this section, make emergency appropria-tions not included in the budget to meet a pressing need for public expenditure, for other than regular or recurring requirements, to protect the public health and/or safety. Such appropriations shall be by ordinance adopted by the favorable votes of three-fourths of the council members qualified and serving. The total amount of all emergency appropriations made in any fiscal year shall not exceed three per centum of the tax levy for that fiscal year. Should the unappropriated and unencumbered revenues, income and available funds of the city for such fiscal year be not sufficient to meet the expenditures under the appropriation authorized by this section, thereby
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creating a deficit, it shall be the duty of the council to include the amount of such deficit in its budget for the following fiscal year and said deficit shall be paid off and discharged during the said following fiscal year.

(Amended by the electorate, 5-7-94)

Sec. 5. Disposition of funds.

      All moneys received by any person, department, or agency of the city for or in connection with affairs of the city shall be deposited promptly in the city depository or depositories as designated in accordance with the provision of section 14 of article XI of this Charter. All checks, vouchers, or warrants for the withdrawal of money from the city depositories shall have affixed thereto the legal signature of both the mayor and the city secretary or his/her deputy.

Sec. 6. General obligation bonds.

      The city shall have the power to borrow money on the credit of the city and to issue general obligation bonds for permanent public improvements or for any other public purpose not prohibited by the Constitution and laws of the State of Texas and to issue refunding bonds to refund outstanding bonds of the city previously issued. All such bonds shall be issued in conformity with the laws of the State of Texas.

Sec. 7. Revenue bonds.

      The city shall have the power to borrow money for the purpose of constructing, purchasing, improving, extending or repairing of public utilities, recreational facilities or any other self-liquidating municipal function not prohibited by the Constitution and laws of the State of Texas and to issue revenue bonds to evidence the obligation thereby created. Such bonds shall be a charge upon and payable solely from the properties, or interest therein pledged, or the income therefrom, or both, and shall never be a debt of the city. All such bonds shall be issued in conformity with the laws of the State of Texas.

Sec. 8. The sale of bonds.

      No bond (other than refunding bonds issued to refund and in exchange for previously issued out-standing bonds) issued by the city shall be sold for less than par value and accrued interest.

      All bonds of the city having been issued and sold in accordance with the terms of this section, and having been delivered to the purchasers thereof, shall thereafter be incontestable and all bonds issued to refund and in exchange for outstanding bonds previously issued shall, after said exchange, be incontestable.

Sec. 9. Purchasing procedure.

      All purchases made and contracts executed by the city shall be pursuant to a requisition from the head of the office, department or agency whose appropria-tion will be charged and no contract or order shall be binding upon the city unless and until the manager approves the same and certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment, or contractual services for which the contract or order is to be issued. Before the city makes any purchase or contract, opportunity shall be given for competition. The council may by ordinance confer upon the city manager general authority to contract for expenditures without further approval of the council for budgeted items not exceeding two thousand dollars. All contracts for expenditures involving more than two thousand dollars must be expressly approved in advance by the council. All contracts or supplies involving more than one thousand dollars shall be let to the lowest responsible bidder, considering quality, after there has been opportunity for competitive bidding as provided for by law or ordinance; provided that the council or the city manager, in such cases as he/she is authorized to contract for the city, shall have the right to reject any and all bids. Contracts for professional services for which bidding is prohibited by law shall not be let on competitive bids. All purchases by the city in an amount in excess of the limit set by state law shall be submitted for competitive bids.

(Amended by the electorate, 5-7-94)
10Lufkin - Charter

Sec. 10. Independent audit.

      At the close of each fiscal year, and at such other times as it may be deemed necessary, the council shall cause an independent audit to be made of all accounts of the city by a certified public accountant and each member of the council shall receive a copy. The certified public accountant so selected shall have no personal interest, directly or indirectly, in the financial affairs of the city or any of its officers. Upon completion of the audit, the results thereof shall be published immediately in the official newspaper of the city and copies placed on file in the city secretary's office as a public record.

(Amended by the electorate, 5-7-94)

ARTICLE VI. TAXATION

Sec. 1. Powers of taxation.

      The city shall have the power to levy, assess and collect taxes of every character and type not prohibited by the Constitution and laws of the State of Texas and for any municipal purpose. The city ad valorem property tax rate for any one year shall never exceed one dollar and seventy-five cents ($1.75) per one hundred dollars assessed value of taxable property.

Sec. 2. Assessor-collector of taxes.

      There shall be a tax assessor-collector responsible for the assessment and collection of all taxes levied by the city. He, and all employees under him/her, shall be bonded.

(Amended by the electorate, 5-7-94)

Sec. 3. Assessment of property for tax purposes.

      All property, real, personal or mixed having a situs within the corporate limits of the city on January 1st of each year, not expressly exempted by law, shall be subject to taxation by the city for such year. The council shall prescribe the mode and manner of making renditions, tax lists, assessments

and tax rolls. Every person, partnership, association or corporation which holds, owns or controls property within the limits of the city shall, between January 1 and April 1 of each year, file with the city tax assessor-collector a full and complete sworn inventory of such property held, owned or controlled within said limits on January 1 of such year. The council may prescribe by ordinance the mode and manner of making such inventories and penalties for failing or refusing to submit the same. The city tax assessor-collector shall review all renditions made to him/her and determine the value of the property rendered and fix the value thereof for tax purposes. If the city tax assessor-collector fixes a value higher than that shown on the owner's rendition, he/she shall give written notice thereof to such owner at his/her last known address by depositing the same, postage paid, in the United States mail, notifying him/her of such change and advising him/her that he/she may appear before the board of equalization to protest such change. In all cases where no rendition of real and personal property is made by the owner thereof, the city tax assessor-collector shall ascertain the amount and value of such property and assess the same and such assessment shall be as valid and binding as if the property involved had been rendered by such owner, provided that if the city tax assessor-collector shall assess any such property which has not previously been assessed, or if he/she shall assess any such property at a higher valuation from that shown on the last preceding tax roll, he/she shall give notice of such assessment, or such change in assessment, as above provided.

      All assessments of real property, whether rendered by the owner or assessed by the city tax assessor-collector, shall list the value of land and improvements and describe such property sufficiently to identify it, giving the name of the last known owner thereof. The city tax assessor-collector shall assess all property which has been omitted from assessment in prior years upon a current supplemental assessment roll. The taxes upon such supplemental assessments shall be due at once and if not paid within sixty days thereafter shall be deemed delinquent and shall be subject to the same penalty and interest as other delinquent taxes for such year. If the ownership of any property should be unknown to the city tax assessor-collector, he/she shall enter that fact in the record.
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      In addition to the powers granted by this section, he/she shall have the same power as county tax assessors and collectors in Texas to make reassess-ments, all at the same value and tax rates as such property should have been assessed and taxed for past years and indicating the year or years for which it is assessed.

(Amended by the electorate, 5-7-94)

Sec. 4. Board of equalization.

      The council shall each year prior to June 1 appoint a board of equalization composed of five members, none of whom shall be employees, officers or members of the council or other boards or commissions of the city. Each member of said board shall be a qualified voter and a property owner within the city and shall be well informed of property values within the city. Three members will constitute a quorum for the transaction of business. Said board shall choose from its membership a chairman, who shall preside at all meetings of the board, and a vice-chairman who shall act in the chairman's absence. Members of the board shall receive such compensation as may be provided by the council.

      The board of equalization shall convene as soon as practicable after June 1 and shall give public notice of its time and place of meeting. The board shall adjust assessed values and, in addition to the powers herein granted, shall have all the powers of a county commissioner's court in regard to the equalization of assessed values of property for taxation. Whenever the board shall find it necessary to increase the rendered or assessed value of any property appearing on the assessment rolls, it shall give immediate notice to the owner of such property, or the person rendering the same, and provide said owner an opportunity to appear and show cause why the value of such property should not be changed. The notice herein required may be served by mailing the same to the last known address of the owner, postage paid. The board shall have the same powers to subpoena property owners of the city, witnesses, books, and records as are granted by the laws of the state to the county board of equalization and shall have the power to administer oaths and to punish for contempt as provided by ordinance.

      The board shall be governed by such rules and regulations and shall have such additional powers as may be prescribed by ordinance, but it may adopt such further rules and regulations of its own which are not in conflict with any ordinance, this Charter or the laws of the State of Texas. The board shall cause a record of its proceedings to be made and such record shall be preserved to the same extent and in the same manner as other tax records of the city. Immediately upon completion of its work, the board shall certify its approval of the assessment rolls and forward the same to the council. The council shall thereupon consider and approve the assessment rolls of the city for that tax year.

(Amended by the electorate, 5-7-94)

Sec. 5. Tax payments.

      All taxes due to the city shall be payable at the office of the city tax assessor-collector. Ad valorem taxes shall become due and payable on the first day of October in each year, shall be paid before the first day of February thereafter, and, if not so paid, a penalty shall accrue and be added thereto and be enforced and collected in the same manner as such original taxes; such penalty and collection to be provided by ordinance.

Sec. 6. Tax liens and liability.

      All property, real, personal and mixed, situated in the city on the first day of January of each year shall stand charged with a lien in favor of the city from said date for the taxes due thereon. The liens provided herein shall be superior to all other liens, except liens for state and county taxes, regardless of when such other liens were created. All persons purchasing any of said property after the first day of January in any year shall take same subject to the liens herein provided. In addition to the liens herein provided, the owner on the first day of January of any year of property subject to taxation by the city shall be personally liable for the taxes due thereon for such year. The city shall have power to sue for and recover personal judgment for taxes without fore-closure or to foreclose its lien or liens or to recover both personal judgment and foreclosure. In any such suit, where it appears that the description of any
12Lufkin - Charter

property in the city assessment rolls is insufficient to identify such property, the city shall have the right to plead a good description of the property to be assessed, to prove the same and to have its judgment foreclosing the tax lien or for personal judgment against the owner for such taxes.

Sec. 7. Joint interest in property.

      The city tax assessor-collector shall not be required to make separate assessments of joint or conflicting interests in any real estate. The owner of any such interest may furnish to the city tax assessor-collector at any time before April 1 of each year a written description of any parcel of land in which he/she has an interest less than the whole, showing the amount of his/her interest therein, and the city tax assessor-collector may thereupon assess such interest as a separate parcel.

      The city tax assessor-collector may receive the taxes on part of any lot or parcels of real estate, or an undivided interest therein, but no such taxes shall be received until the person rendering the same shall have furnished the city tax assessor-collector a full description of the particular part of interest on which payment is tendered.

Sec. 8. Arrears of taxes to offset debt against city.

      The city shall be entitled to counterclaim and offset against any debt, claim, demand or account owed by the city to any person, firm or corporation who is in arrears to the city for taxes in the amount of taxes so in arrears, including all penalties and interest, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due shall affect the right of the city to so offset against the same.

Sec. 9. Other rules and regulations.

      Except as otherwise provided by law or this Charter, the council shall have the power to provide by ordinance for the assessment and collection of all taxes and to make such rules, regulations and mode

of procedure to enforce the collection by and payment to the city tax assessor-collector as it may deem expedient and shall provide such penalties for the failure to pay such taxes as it may deem expedient.

(Amended by the electorate, 5-7-94)

ARTICLE VII. MUNICIPAL COURT

Sec. 1. Municipal court.

      There shall be a municipal court of the City of Lufkin which shall have such jurisdiction, powers and duties as are prescribed by the laws of the State of Texas.

Sec. 2. Judge of the municipal court.

      The municipal court shall be presided over by a magistrate who shall be known as the judge of the municipal court. He/she shall be selected by the city manager and approved by a majority of the council qualified and serving. The person so selected shall be a licensed attorney in the State of Texas.

      In the event the judge of the municipal court is unable to act for any reason, the city manager shall appoint a qualified attorney to temporarily act in his/her place; subject to approval by a majority of the council at its next regular meeting. The judge, or anyone acting in his/her place, shall receive such compensation as may be set by the council.

      The council shall have the power to create and establish additional municipal courts with the same or separate jurisdictions.

      Neither the mayor, the council, individual members of the council, city manager, nor any officer or employee of the city shall attempt to exert influence upon the judge of the municipal court nor have the power to remit fines and penalties which have been imposed for the violation of penal ordinances of the city.

(Amended by the electorate, 5-7-94)

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ARTICLE VIII. PLANNING

Sec. 1. The city planning and zoning commission.

      There shall be a city planning and zoning commission which shall consist of not less than five nor more than fifteen citizens of the city who own real property within the city. The members of said commission shall be appointed by the council for a term of years, not less than three, as provided by ordinance and shall organize itself and conduct its business under the provisions of ordinances.

      The city planning and zoning commission shall have the following powers and duties:

      (1)Recommend to the council a master plan for the physical development of the city and amendments thereto;

      (2)Recommend to the council approval or disapproval of proposed changes in the zoning plan;

      (3)Exercise control over platting or subdividing land within the corporate limits of the city and outside said corporate limits to the extent authorized by law;

      (4)Any other powers and/or duties which may be prescribed by ordinance.

(Amended by the electorate, 5-7-94)

ARTICLE IX. FRANCHISES

AND PUBLIC UTILITIES

Sec. 1. Inalienability of control of public property.

      The right of control and use of the public streets, highways, sidewalks, alleys, parks, public squares and public places of the city is hereby declared to be inalienable by the city except by ordinances not in conflict with the provisions of this Charter. The council shall have the power by ordinance to grant, renew and extend all franchises of all public utilities of every character operating within the city and, with

consent of the franchise holder, to amend the same. No franchise shall be granted for an indeterminate term and no franchise shall be granted after the effective date hereof for a term of more than 25 years. No public utility franchise shall be transferred by the holder thereof except with the approval of the council expressed by ordinance.

(Amended by the electorate, 5-7-94)

Sec. 2. Ordinance granting franchise.

      No ordinance granting, renewing, extending or amending a public utility franchise shall be effective until read and passed at two regular meetings of the council and shall not be finally acted upon until twenty (20) days after the first reading.  Within five (5) days following the passage of such ordinance on first reading the full text thereof shall be published in the official newspaper of the city and the expense of such publication shall be borne by the prospective franchise holder.

(Amended by the electorate, 5-7-94)

Sec. 3. Regulation of franchise.

      Every grant, renewal, extension or amendment of a public utility franchise, whether so provided in the ordinance or not, shall be subject to the right of the council:

      (1)To declare, after a hearing, a forfeiture of any such franchise by ordinance for failure of the holder thereof to comply with the terms of the franchise. Such power shall be exercised only after written notice to the franchise holder stating wherein the franchise holder has failed to comply with the terms of the franchise and setting a reasonable time for the correction of such failure.

      (2)To impose reasonable regulations to insure safe, efficient and continuous service to the public.

14Lufkin - Charter

      (3)To require such expansion, extension, enlargement and improvements of plants and facilities as are necessary to provide adequate service to the public.

      (4)To require every franchise holder to furnish to the city, without cost to the city, full information regarding the location, character, size, length and terminals of all facilities of such franchise holder in, over and under the streets, alleys and other public property of the city and to regulate and control the location, relocation and removal of such facilities.

      (5)To collect from every public utility operating in the city such proportion of the expense of repairing and maintaining public places of the city as represents the increased cost of such public places resulting from the occupancy of such public places by such public utility and such proportion of such operations as result from the damage to or disturbance of such public places caused by such public utility.

      (6)To require every franchise holder to allow other public utilities to use its poles and other facilities, including bridges and viaducts, whenever in the judgment of the council such use shall be in the public interest; provided that in such event a reasonable rental shall be paid such owner of facilities for such use and further provided:

            (a)That no franchise owner shall be required, under the purview of this subsection, to permit a public utility engaged in direct competitive business to use the facilities of such franchise holder.

            (b)That the city shall not, under the purview of this subsection, impair the validity of existing contract between public utilities concerning the use of their respective facilities.

            (c)That the city shall not, under the purview of this subsection, impair the enforcement by any such franchise holder of the usual accepted industry standards of safety regulations with respect to the use of facilities.

      (7)To require the keeping of accounts in such form as will accurately reflect the value of the property of each franchise holder.

      (8)To examine and audit at any time during business hours the accounts and other records of any franchise holder.

      (9)To require reports on the operations of the utility in such form and containing such information as the council shall prescribe.

(Amended by the electorate, 5-7-94)

Sec. 4. Regulation of rates.

      The council shall have full power to regulate by ordinance the rates, charges and fares of every public utility franchise holder operating in the city and no such ordinance shall be passed as an emergency measure. Every franchise holder who shall request an increase in rates, charges or fares shall have the burden of establishing by clear, competent and convincing evidence, the value of its investments properly allocable to service in the city and the amount and character of its expenses and revenues connected with the rendering of such service. If the council is not satisfied with the sufficiency of the evidence so furnished, it shall be entitled to call upon such public utility for the furnishing of additional evidence. If the council is still not satisfied with the sufficiency of the evidence furnished by such utility, the council shall have the right to select and employ rate consultants, auditors and attorneys to conduct investigations, present evidence, advise the council and conduct litigation on such requested increase in rates, charges or fares; and said utility shall reimburse the city for one-half its reasonable and necessary expense thereby incurred. No public utility franchise holder shall institute any legal action nor contest any rate, charge or fare fixed by the council until such franchise holder shall have filed with the city an application for a rate change specifically
Charter15

setting out each change in rate sought by such application and until the council shall have acted upon such rate change or until the expiration of 90 days from the date such application is filed, whichever event first occurs.

(Amended by the electorate, 5-7-94)

ARTICLE X. INITIATIVE,

REFERENDUM AND RECALL

Sec. 1. Power of initiative.

      The people of the city reserve the power of direct legislation by initiative and in the exercise of such power may propose any ordinance, except ordinances appropriating money or levying taxes or ordinances repealing ordinances appropriating money or levying taxes, not in conflict with this Charter, the state constitution, or the state laws. Any initiated ordinance may be submitted to the council by a petition signed by qualified voters of the city equal in number to at least fifteen per cent of the qualified voters of the city. When the council receives an authorized initiative petition certified by the city secretary to be sufficient, the council shall either: (a) pass the initiated ordinance without amendment within thirty (30) days after the date of the certifica-tion to the council; or (b) submit said initiated ordinance without amendment to a vote of the qualified voters of the city at a regular or special election to be held within ninety (90) days after the date of the certification to the council; or (c) at such election submit to a vote of the qualified voters of the city said initiated ordinance without amendment and an alternative ordinance on the same subject proposed by the council.

(Amended by the electorate, 5-7-94)

Sec. 2. Power of referendum.

      The people reserve the power to approve or reject at the polls any legislation enacted by the council which is subject to the initiative process under this Charter except that ordinances authorizing the issuance of bonds (either tax bonds or revenue bonds), whether original or refunding bonds, shall

not be subject to such referendum. Prior to or within thirty (30) days after the effective date of any ordinance which is subject to referendum, a petition signed by qualified voters of the city equal in number to at least fifteen per cent of the qualified voters of the city may be filed with the city secretary requesting that any such ordinance be either repealed or submitted to the vote of the people. When such a petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless it is approved by the voters as herein provided. When the council receives an authorized referendum petition certified by the city secretary to be sufficient, the council shall reconsider the referred ordinance and, if upon such reconsideration such ordinance is not repealed within thirty (30) days, it shall be submitted to the qualified voters of the city at a regular or special election to be held not more than ninety (90) days after the date of the certification to the council.

(Amended by the electorate, 5-7-94)

Sec. 3. Frequency of elections.

      Special elections on initiated or referred ordinances shall not be held more frequently than once each six months and no ordinance on the same subject as an initiated ordinance which has been defeated or on the same subject as a referred ordinance which has been approved at any election may be initiated by the voters within two (2) years from the date of such election.

Sec. 4. Power of recall.

      The people of the city reserve the power to recall any elected officer of the city and may exercise such power by filing with the city secretary a petition signed by qualified voters of the city equal in number to at least thirty (30) per cent of the qualified voters of the city demanding the removal of such elected officer. If the petition is certified by the city secretary to be sufficient, the council shall order and hold an election forthwith to determine whether such officer shall be recalled and if the majority of the legal votes are cast for a recall of the officer named on the
16Lufkin - Charter

ballot, the council shall immediately declare his/her  forthwith in accordance with the provisions of article III, section 4, of this Charter. An officer thus  again within a period of four (4) years from the date of his/her recall. No recall petition shall be filed against an officer within six months after he/she takes office and no officer shall be subjected to more than one recall election during a term of office.

(Amended by the electorate, 5-7-94)

ARTICLE XI. GENERAL PROVISIONS

Sec. 1. First election under this Charter.

      Upon the adoption of this Charter the incumbent members of the city council shall remain members of the council, as defined in this Charter, with all the powers, duties and responsibilities and under all the terms and provisions of this Charter until the 5th day of April, 1966. Until such 5th day of April, 1966, the council of the City of Lufkin, Texas, shall consist of only five members, any provision of this Charter notwithstanding. On such 5th day of April, 1966, an election shall be held, in accordance with the terms and provisions of this Charter, in which said election the councilman from ward number two and the councilman from ward number four shall be elected. At such election held on the 5th day of April, 1966, the councilman from ward number two  shall each be elected for a period of two years. After such initial two year period such councilman from ward number two shall thereafter be elected for a period of three years as provided herein. At such election held on the 5th day of April, 1966, the councilman from ward number four shall each be elected for a period of three years as provided herein.

      It is hereby specifically provided that the term of office of the mayor and the councilman of ward number one and the councilman of ward number three shall not expire until the first Tuesday in April, 1967, and that the present office holder of mayor and councilman from ward number one and councilman from ward number three shall remain in office until such date or until their successor shall be elected and

qualified. From such date the mayor, councilman of ward number one and councilman of ward number three shall thereafter be elected for a three year term of office under the provisions of this Charter.

(Amended by the electorate, 5-7-94)

Sec. 2. Election for adoption of this Charter.

      A special election shall be had in accordance with the terms and provisions of the applicable laws of the State of Texas to determine whether or not this Charter shall be adopted by the City of Lufkin, Texas. Within five days after such election, the city council shall meet and canvass the returns of such election. In the event this Charter is adopted it shall go into effect finally and completely without further action by the council at midnight on the thirtieth day following the day of the official canvass of the returns of such election.

(Amended by the electorate, 5-7-94)

Sec. 3. Budget.

      The last currently adopted budget for the city immediately prior to the adoption of this Charter shall be and become the budget for the same fiscal year under the terms and provisions of this Charter and shall be in force as such.

Sec. 4. Effect of Charter on existing law.

      All ordinances, resolutions, rules, regulations and contracts in force in the city on the effective date of this Charter, and not in conflict with this Charter, shall remain in force until altered, amended or repealed by the council. All taxes, assessments, liens, encumbrances and demands, of or against the city fixed or established before such date, or for the fixing or establishing of which proceedings have begun at such date, shall be valid when properly fixed or established either under the law in force at the time of the beginning of such proceedings or under the law after the adoption of this Charter.

(Amended by the electorate, 5-7-94)

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Sec. 5. Official oath.

      All officers of the city shall, before entering upon the duties of their respective offices, take and subscribe the official oath prescribed by the Constitution of the State of Texas.

Sec. 6. Public records.

      All public records of every office, department or agency of the city shall be open to inspection by any citizen at all reasonable times; provided that police records and any other records closed to the public by law shall not be considered public records for the purpose of this section. Nothing in this section shall preclude the city for charging a reasonable fee for furnishing copies of such public records.

Sec. 7. Official newspaper.

      The council shall, by ordinance or resolution, designate a public newspaper of general circulation in the city as the official organ thereof and to continue as such until another is designated and shall cause to be published therein all ordinances, notices and other matter required by this Charter, by the ordinances of the city or by the Constitution or laws of the State of Texas to be published.

(Amended by the electorate, 5-7-94)

Sec. 8. Notice of claim.

      The city shall not be held responsible on account of any claim for damages to any person or property unless the person making such complaint or claiming such damages shall, within the period required by state law after the time at which it is claimed such damages were inflicted upon such person or property, file with the city secretary a written statement under oath stating the nature and character of such damages or injuries, the extent of the same, the place where same happened, the circumstances under which happened and  the conditions causing  same,  with  a

detailed statement of such item of damages and the amount thereof and if it be for personal injuries, giving a list of the witnesses known to affiant who witnessed such accident.

(Amended by the electorate, 5-7-94)

Sec. 9. Assignment, execution, and garnishment.

      The property, real and personal, belonging to the city shall not be liable for sale or appropriation under any writ of execution. The funds belonging to the city in the hands of any person, firm or corporation shall not be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors.

Sec. 10. Security or bond not required.

      It shall not be necessary in any action, suit or proceeding in which the city shall be a party for any bond, undertaking or security to be executed in behalf of the city; but all actions, suits and proceedings shall be conducted in the same manner as if such bond, undertaking or security had been given. The city shall have all remedies of appeal provided by law to all courts without bond or security of any kind. For the purposes of all such actions, suits, proceedings and appeals, the city shall be liable in the same manner and to the same extent as if the bond, undertaking or security had been executed and given.

Sec. 11. Personal interest in city contracts.

      No member of the council or other officer or employee of the city shall be directly or indirectly interested in any work, business or contract, the expense, price or consideration of which is paid from the city treasury or by an assessment levied by an ordinance or resolution of the council; nor be the surety on the official bond of any officer of the city or for any person having a contract, work or business with the city for the performance of which security may  be required, except  on behalf of the city  as  an
18Lufkin - Charter

officer or employee. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his/her office or position. Any violation of this section with the knowledge, expressed or implied, of the person or corporation contracting with the city shall render the contract involved void.

(Amended by the electorate, 5-7-94)

Sec. 12. Unauthorized gifts.

      No employee of the City of Lufkin nor any member of the city council shall ever accept any free ticket, passes, or service or anything of value, directly or indirectly, from any person, firm, or corporation upon terms more favorable than are granted to the general public and any employee of the City of Lufkin who shall violate this section shall forfeit such employment and any member of the council who shall violate this section shall, ipso facto, forfeit his/her position as a member of the council.

      No gifts shall be allowed to be made to any councilmember or city employee that is made for the purpose of influencing or obtaining favorable treatment. Anything in value in excess of $100 shall be presumed to be given to obtain favorable treatment and constitutes pecuniary gain.

(Amended by the electorate, 5-7-94)

Sec. 13. Nepotism.

      No person related within the second degree by affinity or third degree by consanguinity to any member of the council or the city manager shall be appointed to any paid office, position, clerkship or other position of service of the city. This prohibition shall not apply to any person who shall have been employed by the city prior to and at the time of the election of the mayor or councilman or the appointment of the city manager so related to him/her.

(Amended by the electorate, 5-7-94)

Sec. 14. Depository.

      The city council shall designate a bank or banks in the City of Lufkin as the city depository or depositories which shall be selected for a period of two years and the bank or banks in the City of Lufkin which shall offer, in a bid, services of the greatest net value to the city shall be selected. The city depository or one of the city depositories, herein provided for, shall appoint one of its officials who shall perform the duties of city treasurer without pay. Said city treasurer shall give such bond as may be required by the council and such bond shall be procured from some regularly accredited surety company, the premiums to be paid by the city. The council shall have the right to reject any and all bids offered as city depository. In case the council should reject any and all bids offered and no other bids should be submitted, then the council shall designate some appointive officer of the city who shall perform the duties of the city treasurer without extra compensation but who shall be duly bonded as above provided.

(Amended by the electorate, 5-7-94)

Sec. 15. Boundaries of wards.

Central Ward No. 1

      Beginning at the point where the existing city limits line intersects the centerline of State Highway No. 103 West, a point for corner;

      Thence in a Southeasterly direction following the centerline of State Highway No. 103 West and Raguet Street to the centerline of West Denman Avenue, a point for corner;

      Thence in a Southeasterly direction following the centerline of West Denman Avenue to the centerline of South First Street, a point for corner;

      Thence in a Southeasterly direction following the centerline of South First Street to the centerline of South End Boulevard, a point for corner;

      Thence in a Northeasterly direction following the centerline of South End Boulevard to the centerline of South Third Street, a point for corner;

1995 S-1
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      Thence in a Southeasterly direction following the centerline of South Third Street to the centerline of South Timberland Drive (U.S. Highway No. 59 South), a point for corner;

      Thence in a Northeasterly direction following the centerline of South Timberland Drive (U.S. Highway No. 59 South) to the centerline of East Denman Avenue, a point for corner;

      Thence in a Northwesterly direction following the centerline of East Denman Avenue to the centerline of Charlton Street, a point for corner;

      Thence in a Northwesterly direction following the centerline of Charlton Street to the centerline of South Third Street, a point for corner;

      Thence in a Northeasterly direction following the centeriine of South Third Street to the centerline of East Frank Avenue (State Highway No. 94), a point for corner;

      Thence in a Southeasterly direction following the centerline of East Frank Avenue (State Highway No. 94 East) to a point on the centerline projection of North Fifth Street, a point for corner;

      Thence in a Northeasterly direction following the centerline of North Fifth Street to the centerline of Paul Avenue, a point for corner;

      Thence in a Easterly direction following the centerline of Paul Avenue to the centerline of North Timberland Drive (U.S. Highway No. 59 North), a point for corner;

      Thence in a Northerly direction following the centerline of North Timberland Drive (U.S. Highway No. 59 North) to the centerline of Atkinson Drive (State Highway No. 103 East), a point for corner;

      Thence in a Easterly direction following the centerline of Atkinson Drive (State Highway No. 103 East) to the centerline of North Warren Street, a point for corner;

      Thence in a Northerly direction following the centerline of North Warren Street to the centerline of Hoskins Avenue, a point for corner;

      Thence in a Westerly direction following the centerline of Hoskins Avenue to the centerline of North Timberland Drive (U.S. Highway No. 59 North), a point for corner;

      Thence in a Northerly direction following the centerline of North Timberland Drive (U.S. Highway No. 59 North) to the centerline of Kurth Drive, a point for corner;

      Thence in a Northwesterly direction following the centerline of Kurth Drive to the centerline of Lakeview Street; a point for corner;

      Thence in a Southerly direction following the centerline of Lakeview Street to the centerline of Sayers Street, a point for corner;

      Thence in a Westerly direction following the centerline of Sayers Street to the centerline of North Avenue, a point for corner;

      Thence in a Southwesterly direction following the centerline of North Avenue to the centerline of the Angelina & Neches River Railroad, a point for corner;

      Thence in a Northwesterly direction following the centerline of the Angelina & Neches River Railroad to the centerline of McMullen Street, a point for corner;

      Thence in a Northeasterly direction following the centerline of McMullen Street to the centerline of Kurth Drive, a point for corner;

      Thence in a Northwesterly direction following the centerline of Kurth Drive to the centerline of U.S. Highway No. 69 North, a point for corner;

      Thence in a Northwesterly direction following the centerline of U.S. Highway No. 69 North to the existing city limits line, a point for corner;

      Thence following the existing city limits line around the Northwest Loop area to the point of beginning.

1995 S-1
20Lufkin - Charter

      Beginning at the point where the existing city limits line intersects the centerline of U.S. Highway No. 69 North a point for corner;

      Thence in a Southeasterly direction following the centerline of U.S. Highway No. 69 North to the centerline of Kurth Drive, a point for corner;

      Thence in a Southeasterly direction following the centerline of Kurth Drive to the centerline of McMullen Street, a point for corner;

      Thence in a Southwesterly direction following the centerline of McMullen Street to the centerline of the Angelina & Neches River Railroad, a point for corner;

      Thence in a Southeasterly direction following the centerline of the Angelina & Neches River Railroad to the centerline of North Avenue, a point for corner;

      Thence in a Northeasterly direction following the centerline of North Avenue to the centerline of Sayers Street, a point for corner;

      Thence in a Easterly direction following the centerline of Sayers Street to the centerline of Lakeview Street, a point for corner;

      Thence in a Northerly direction following the centerline of Lakeview Street to the centerline of Kurth Drive, a point for corner;

      Thence in a Southeasterly direction following the centerline of Kurth Drive to the centerline of North Timberland Drive (U.S. Highway No. 59 North), a point for corner;

      Thence in a Southerly direction following the centerline of North Timberland Drive (U.S. Highway No. 59 North) to the centerline of Hoskins Avenue, a point for corner;

      Thence in a Easterly direction following the centerline of Hoskins Avenue to the centerline of North Warren Street, a point for corner;

      Thence in a Southeasterly direction following the centerline  of North Warren Street to the centerline of

Atkinson Drive (State Highway No. 103 East), a point for corner;

      Thence in a Southwesterly direction following the centerline of Atkinson Drive (State Highway No. 103 East) to the centerline of North Timberland Drive (U.S. Highway No. 59 North), a point for corner;

      Thence in a Southeasterly direction following the centerline of North Timberland Drive (U.S. Highway 59 North) to the centerline of East Lufkin Avenue, a point for corner;

      Thence in a Easterly direction following the centerline of East Lufkin Avenue to the centerline of Shady Pine Street, a point for corner;

      Thence in a Northerly direction following the centerline of Shady Pine Street to the centerline of North Medford Drive (State Highway Loop No. 287), a point for corner;

      Thence in a Northwesterly direction following the centerline of North Medford Drive (State Highway Loop No. 287) to the centerline of Atkinson Drive (State Highway No. 103 East), a point for corner;

      Thence in a Southwesterly direction following the centerline of Atkinson Drive (State Highway No. 103 East) to the centerline of Oleta Street, a point for corner;

      Thence in a Northwesterly direction following the centerline of Oleta Street to the centerline of Broussard Avenue, a point for corner;

      Thence in a Northeasterly direction following the centerline of Broussard Avenue to the centerline of Glade Street, a point for corner;

      Thence in a Northwesterly direction following the centerline of Glade Street to the centerline of Old Moffett Road, a point for corner;

      Thence in a Easterly direction following the centerline of Old Moffett Road to the centerline of the North Medford Drive (State Highway Loop No. 287), a point for corner;

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      Thence in a Southeasterly direction to an ell corner in the existing city limits line being South of Old Moffett Road and East of North Medford Drive (State Highway Loop No. 287), a point for corner;

      Thence following the existing city limits line around Kit McConnico Park and the North Loop area to the point of beginning.

EAST WARD NO. 3

      Beginning at the point where the centerline of North Timberland Drive (U.S. Highway No. 59 North) intersects the centerline of East Lufkin Avenue, a point for corner;

      Thence in a Easterly direction following the centerline of East Lufkin Avenue to the centerline of Shady Pine Street, a point for corner;

      Thence in a Northerly direction following the centerline of Shady Pine Street to the centerline of North Medford Drive (State Highway Loop No. 287), a point for corner;

      Thence in a Northwesterly direction following the centerline of North Medford Drive (State Highway Loop No. 287) to the centerline of Atkinson Drive (State Highway No. 103 East), a point for corner;

      Thence in a Southwesterly direction following the centerline of Atkinson Drive (State Highway No. 103 East) to the centerline of Oleta Street, a point for corner;

      Thence in a Northwesterly direction following the centerline of Oleta Street to the centerline of Broussard Avenue, a point for corner;

      Thence in a Northeasterly direction following the centerline of Broussard Avenue to the centerline of Glade Street, a point for corner;

      Thence in a Northwesterly direction following the centerline of Glade Street to the centerline of Old Moffett Road, a point for corner;

      Thence in a Easterly direction following the centerline of Old Moffett Road to the centerline of North Medford Drive (State Highway Loop No. 287), a point for corner;

      Thence in a Southeasterly direction to an ell corner in the existing city limits line being South of Old Moffett Road and East of North Medford Drive (State Highway Loop No. 287), a point for corner;

      Thence following the existing city limits line around the East Loop, Herty, Lufkin Jr. High School, and Leslie Lane area to the centerline of East Denman Avenue (U.S. Highway No. 69 South), a point for corner;

      Thence in a Northwesterly direction following the centerline of East Denman Avenue (U.S. Highway No. 69) to the centerline of Charlton Street, a point for corner;

      Thence in a Northwesterly direction following the centerline of Charlton Street to the centerline of South Third Street, a point for corner;

      Thence in a Northeasterly direction following the centerline of South Third Street to the centerline of East Frank Avenue (State Highway No. 94), a point for corner;

      Thence in a Southeasterly direction following the centerline of East Frank Avenue (State Highway No. 94) to a point on the centerline projection of North Fifth Street, a point for corner;

      Thence in a Northeasterly direction following the centerline of North Fifth Street to the centerline of Paul Avenue, a point for corner;

      Thence in a Easterly direction following the centerline of Paul Avenue to the centerline of North Timberland Drive (U.S. Highway No. 59 North), a point for corner;

      Thence in a Southerly direction following the centerline of North Timberland Drive (U.S. Highway No. 59 North) to the centerline of East Lufkin Avenue, a point of beginning.

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SOUTHEAST WARD NO. 4

      Beginning at the point where the existing city limits line intersects the centerline of East Denman Avenue (U.S. Highway No. 69 South), a point for corner;

      Thence in a Northwesterly direction following the centerline of East Denman Avenue (U.S. Highway No. 69 South) to the centerline of South Chestnut Street, a point for corner;

      Thence in a Southeasterly direction following the centerline of South Chestnut Street to the centerline of Card Drive, a point for corner;

      Thence in a Southwesterly direction following the centerline of Card Drive to the centerline of Tulane Drive, a point for corner;

      Thence in a Southeasterly direction following the centerline of Tulane Drive to the centerline of South Medford Drive (State Highway Loop No. 287), a point for corner;

      Thence in a Southwesterly direction following the centerline of South Medford Drive (State Highway Loop No. 287) and South John Redditt Drive (State Highway Loop No. 287) to a point on a line projection of the existing city limits line west of Scenic Acres Drive, a point for corner;

      Thence following the existing city limits line around the Scenic Acres area, Crown Colony area, the Oak Trace area, and the Fuller Spring area to the point of beginning.

SOUTHWEST WARD NO. 5

      Beginning at an ell corner in the existing city limits line, West of Scenic Acres Drive, a point for corner;

      Thence in a Northwesterly direction on a line projection of the existing city limits line West of Scenic Acres Drive to the centerline of South John Redditt Drive (State Highway Loop No. 287), a point for corner;

      Thence in a Northeasterly direction following the centerline of South John Redditt Drive (State Highway Loop No. 287) and North Medford Drive (State Highway Loop No. 287) to the centerline of Tulane Drive, a point for corner;

      Thence in a Northwesterly direction following the centerline of Tulane Drive to the centerline of Card Drive, a point for corner;

      Thence in a Northeasterly direction following the centerline of Card Drive to the centerline of South Chestnut Street, a point for corner;

      Thence in a Northwesterly direction following the centerline of South Chestnut Street to the centerline of Denman Avenue, a point for corner;

      Thence in a Northwesterly direction following the centerline of Denman Avenue to the centerline of South Timberland Drive (U.S. Highway No. 59 South), a point for corner;

      Thence in a Southwesterly direction following the centerline of South Timberland Drive (U.S. Highway No. 59 South) to the centerline of South First Street, a point for corner;

      Thence in a Northerly direction following the centerline of South First Street to the centerline of South Raguet Street, a point for corner;

      Thence in a Northwesterly direction following the centerline of South Raguet Street to the centerline of Sunset Boulevard, a point for corner;

      Thence in a Southwesterly direction following the centerline of Sunset Boulevard to the centerline of Moss Drive, a point for corner;

      Thence in a Northwesterly direction following the centerline of Moss Drive to the centerline of White Oak Drive, a point for corner;

      Thence in a Westerly direction following the centerline of White Oak Drive to the centerline of the Southern Pacific Railroad, a point for corner;

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      Thence in a Southwesterly direction following the centerline of the Southern Pacific Railroad to the centerline of Hanks Street, a point for corner;

      Thence in a Westerly direction following the centerline of Hanks Street to the centerline of Southwood Drive, a point for corner;

      Thence in a Northerly direction following the centerline of Southwood Drive to the centerline of Camp Street, a point for corner;

      Thence in a Westerly direction following the centerline of Camp Street to the centerline of McGregor Drive, a point for corner;

      Thence in a Northwesterly direction following the centerline of McGregor Drive to the centerline of Pershing Avenue, a point for corner;

      Thence in a Southwesterly direction following the centerline of Pershing Avenue and Old Union Road to the existing city limits line, a point for corner;

      Thence following the existing city limits line around the Brook Hollow area and South John Redditt Drive (State Highway Loop No. 287) to the point of beginning.

NORTHWEST WARD NO. 6

      Beginning at the point where the existing city limits line intersects the centerline of State Highway 103 West, a point for corner;

      Thence in a Southeasterly direction following the centerline of State Highway 103 West and Raguet Street to the centerline of West Denman Avenue, a point for corner;

      Thence in a Southeasterly direction following the centerline of West Denman Avenue to the centerline of South First Street, a point for corner;

      Thence in a Southeasterly direction following the centerline of South First Street to the centerline of South End Boulevard, a point for corner;

      Thence in a Northeasterly direction following the centerline of South End Boulevard to the centerline of South Third Street, a point for corner;

      Thence in a Southeasterly direction following the centerline of South Third Street to the centerline of South Timberland Drive (U.S. Highway No. 59), a point for corner;

      Thence in a Southwesterly direction following the centerline of South Timberland Drive (U.S. Highway No. 59) to the centerline of South First Street, a point for corner;

      Thence in a Northerly direction following the centerline of South First Street to the centerline of South Raguet Street, a point for corner;

      Thence in a Northwesterly direction following the centerline of South Raguet Street to the centerline of Sunset Boulevard, a point for corner;

      Thence in a Southwesterly direction following the centerline of Sunset Boulevard to the centerline of Moss Drive, a point for corner;

      Thence in a Northwesterly direction following the centerline of Moss Drive to the centerline of White Oak Drive, a point for corner;

      Thence in a Westerly direction following the centerline of White Oak Drive to the centerline of the Southern Pacific Railroad, a point for corner;

      Thence in a Southwesterly direction following the centerline of the Southern Pacific Railroad to the centerline of Hanks Street, a point for corner;

      Thence in a Westerly direction following the centerline of Hanks Street to the centerline of Southwood Drive, a point for corner;

      Thence in a Northerly direction following the centerline of Southwood Drive to the centerline of Camp Street, a point for corner;

      Thence in a Westerly direction following the centerline of Camp Street to the centerline of McGregor Drive, a point for corner;

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      Thence in a Northwesterly direction following the centerline of McGregor Drive to the centerline of Pershing Avenue, a point for corner;

      Thence in a Southwesterly direction following the centerline of Pershing Avenue and Old Union Road to the existing city limits line, a point for corner;

      Thence following the existing city limits line around the Four Seasons area and the North John Redditt Drive (State Highway Loop No. 287) area to the point of beginning.

Sec. 16. Judicial notice.

      This Charter shall be deemed a public act, shall have the force and effect of a general law, may be read in evidence without pleading or proof and judicial notice shall be taken thereof in all courts and places without further proof.

Sec. 17. Construction of Charter.

      This Charter shall not be construed as a mere grant of enumerated powers but shall be construed as a general grant of power and as a limitation of power on the government of the City of Lufkin, Texas, in the same manner as the Constitution of Texas is construed as a limitation on the powers of the legislature. Except where expressly prohibited by this Charter, each and every power under the Constitution of Texas which it would be competent for the people of the City of Lufkin to grant expressly to the city shall be construed to be granted to the city by this Charter.

Sec. 18. Separability clause.

      If any section or part of a section of this Charter is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not invalidate or impair the validity, force or effect of any other section or part of a section of this Charter.

Sec. 19. Amending the Charter.

      Amendments to this Charter may be framed and submitted to the electors of the city by a charter commission in the manner provided by law for framing and submitting a new charter. Amendments may also be proposed and submitted by ordinance passed by a majority vote of the membership of the council qualified and serving or by a petition signed by not less than twenty-five per cent (25%) of the number who voted at the last regular municipal election; provided, however, that in the latter case the petition must bear the signatures of at least ten per cent (10%) of the qualified voters of the city. When a charter amendment petition shall have been filed with the council in conformity with the pro-visions of this Charter the council shall forthwith provide by ordinance for submitting such proposed amendment to a vote of the electors. Any ordinance for submitting a charter amendment to the electors shall provide that such amendment be submitted at the next regular municipal election if one shall occur not less than sixty (60) nor more than one hundred twenty (120) days after the passage of the ordinance; otherwise it shall provide for the submission of the amendment at a special election to be called and held within such time. If a proposed amendment is approved by majority of the electors voting thereon it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subject and when more than one amendment shall be submitted at the same time they shall be so submitted as to enable the electors to vote on each amendment separately.

November 10, 1965

To the Mayor and Members of the City Council

City of Lufkin

Lufkin, Texas

Gentlemen:

      In the election held on the 12th day of October, 1965, the voters of the City of Lufkin voted affirmatively on the question ÒShall a Commission be chosen to frame a new CharterÓ and elected the undersigned as members of the Charter Commission each of whom duly qualified after his/her election.

      After a lengthy study of the problems involved and  full consideration of the  ends to  be sought,  the

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Charter Commission has prepared and given its final approval to a new charter, a copy of which is attached hereto, for submission to the qualified voters of this city in an election to be held for that purpose.

      Pursuant to the responsibility and obligation imposed upon it by law, the Charter Commission has determined, and hereby certifies:

      1.That the annexed Charter is a true and correct copy of the Charter prepared by this Charter Commission.

      2.That in the submission of this Charter to the voters it would be impracticable to segregate each subject for a separate vote thereon because the Charter is so constructed that in order to enable it to function effectively it is necessary that it be adopted in its entirety. Therefore it is to be submitted so as to be voted upon as a whole.

      3.That the election for this purpose is to be held in the City of Lufkin on the 1st day of February, 1966.

      4.That the Charter Commission completed its work on the 9th day of November, 1965, which is within 90 days of the date set for such election.

                              Respectfully submitted,

Reagan Parker, Chairman

Walter AtwellRev. H. E. Small

Carl LivelyDr. George Thannisch

Harold E. KaemmerlingMrs. Jeff Noble

E. Lynn MetteauerBayo Hopper

Edgar C. WareingJoe W. Stegall

E. Gordon HornWyatt W. Leinart

Mrs. B. E. Atkinson, Jr.William Drew Perkins

(Amended by the electorate, 5-7-94)

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