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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.
Charter3
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)
Charter5
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
Charter7
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
Charter9
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.
Charter11
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)
Charter13
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 a | 
