e the power to provide for the prompt collection, by suit or otherwise, of taxes assessed, levied and imposed, and is hereby authorized, and to that e

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City of Kingsville Official Website






City Charter Amendments



Table of Contents

Article I:
Section 1 Corporate name
Section 2 Boundaries (Amended by electorate, 5-13-06)
Section 3 Platting of property
Section 4 Extension of city limits or boundaries



Article II:
Section 1 Corporate power
Section 2 Powers of ordinance
Section 3 Style of ordinance
Section 4 Real estate, etc., owned by the city
Section 5 Acquisition of property
Section 6 Public property exempt from executions
Section 7 City funds not subject to garnishment
Section 8 Exemption from liability for damages
Section 9 Right of eminent domain
Section 10 Ownership of public utilities
Section 11 Funds for the acquisition of any public utility, security for same, etc.
Section 12 Manufacture or purchase of public utility products
Section 13 Right to operate and maintain public utility acquired, exclusive
Section 14 Right to regulate charges, etc., of holder of franchise or privilege
Section 15 Street powers
Section 16 Construction of sidewalks and curbs
Section 17 Sidewalks, improvements; defective may be declared nuisance
Section 18 Franchise for use of streets
Section 19 Public works, improvements
Section 20 Altering streets, obstructions, encroachments, etc.
Section 21 Parks, playgrounds, etc.
Section 22 Peace and good order
Section 23 Initiative and referendum (Amended by electorate, 5-13-06)
Section 24 Recall (Amended by electorate, 5-13-06)

Article III:
Section 1 Taxation

Article IV:
Section 1 Bonds

Article V:
Section 1 Municipal government
Section 2 Terms of office
Section 3 Vacancies (Amended by electorate, 5-13-06)
Section 4 Qualifications (Amended by electorate, 5-13-06)
Section 5 Elections
Section 6 Judge
Section 7 Election returns
Section 8 Election day (Amended by electorate, 5-13-06)
Section 9 Election law controlling
Section 10 Legislative and governing body
Section 11 Duties of Mayor and Commissioners
Section 12 Meeting of the Commission
Section 13 Compensation
Section 14 Legislative procedure
Section 15 Ordinance enactment
Section 16 Emergency measure; defined and provided for
Section 17 Ordinances; publication of
Section 18 Ordinances; recording
Section 19 Investigations by Commission
Section 20 Boards of city development
Section 21 Salaries; general
Section 22 Payment of claims
Section 23 Accounting procedure
Section 24 Audit and examination
Section 25 Contracts (deleted August 9, 1986)
Section 26 Nepotism (deleted August 9, 1986)
Section 27 Hours of labor upon public works (deleted August 9, 1986)
Section 28 Official bonds (Amended by electorate, 5-13-06)
Section 29 Oath of office
Section 30 City Manager
Section 31 Powers and duties
Section 32 Appointment and removal of City Manager (Amended by electorate, 5-13-06)
Section 33 Establishment of a special fund for capital improvements

General Provisions:

Section 1 Enumeration of powers
Section 2 Ratification of ordinances
Section 3 Amendments to Charter
Section 4 Vote on proposed Charter, manner, etc.
Section 5 Election of Mayor and Commissioners


ARTICLE I


Section 1_CORPORATE NAME: All the inhabitants of the City of Kingsville, in Kleberg County, Texas, as the boundaries and limits of said City presently exist, or may hereafter be established, shall be a body politic, incorporated under, and be known by the name and style of the "City of Kingsville" with such powers, rights and duties as are hereinafter provided, and all other powers not herein specifically designated that are granted by the Constitution and laws of the State of Texas to such cities.



Section 2 - BOUNDARIES: The bounds and limits of the City are hereby established and described as being those boundaries heretofore established in the original incorporated proceedings of the City, filed of record on April 12, 1916 in the office of the Clerk of the County Court of Kleberg County, Texas and those boundaries established and changed thereafter in all annexation ordinances and proceedings of the City. (Amended by electorate, 5-13-06)



Section 3 - PLATTING OF PROPERTY: Should any property lying within the city limits, as established by this Charter, be hereafter platted into blocks and lots, the owners of said property shall plat and lay the same off to conform to the streets and alleys abutting the same, and shall file with the Mayor a correct map thereof provided, that in no case shall the City of Kingsville be required to pay for any of said streets or alleys, at whatever date opened, but when opened by reason of the platting of said property, at whatever date platted, they shall become, by such act, the property of the City of Kingsville, for use as public highways and shall be cared for as such.



Section 4 - EXTENSION OF CITY LIMITS OR BOUNDARIES: The City Commission may by ordinance annex additional territory lying adjacent to the city with or without the consent of the owners and inhabitants of the territory annexed.

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ARTICLE II



Section 1 - CORPORATE POWER: The City of Kingsville made a body politic and corporate by the legal adoption of this Charter, shall have perpetual succession, may use a common seal, may sue and be sued, may contract and be contracted with, implead and be impleaded in all courts and places and in all matters whatever; may take, hold and purchase land, within or without the city limits, as may be needed for corporate purposes of said City, and may sell any real estate or personal property owned by it, perform and render all public services and, when deemed expedient, may condemn property for corporate use and may hold, manage and control the same, and shall be subject to all the duties and obligations now pertaining to or incumbent upon said city as a corporation, not in conflict with the provisions of this Charter, and shall enjoy all the rights, immunities, powers, privileges and franchises now possessed by said City, and herein conferred and granted.



Section 2 - POWERS OF ORDINANCE: The City of Kingsville shall have the power to enact and enforce all ordinances necessary to protect health, life and property and to prevent and summarily abate and remove all nuisances, and to preserve and enforce the good government, order and security of the City and its inhabitants, and to enact and enforce ordinances on any and all subjects provided that no ordinance shall be enacted inconsistent with the provisions of this Charter or the General Laws or Constitution of the State of Texas.



Section 3 - STYLE OF ORDINANCE: The style of all ordinances of the City of Kingsville, shall be: "BE IT ORDAINED by the City Commission of the City of Kingsville," but the same may be omitted when published in book or pamphlet form by the City of Kingsville.



Section 4 - REAL ESTATE, ETC., OWNED BY THE CITY: All real estate owned in fee simple title or held by lease, sufferance, easement or otherwise, all public buildings, fire stations, parks, public squares, streets, alleys and all property of whatever kind, character or description, whether real or personal, which has been granted, donated, purchased or otherwise acquired by the City of Kingsville through any means of agency, and all causes of action, chooses in action, rights and privileges of every kind and character, and all property of whatsoever character and description which may have been held or is now held, controlled or used by the said City of Kingsville, or public ways or in trust for the public, shall vest in and remain in and inure to the said corporation of the City of Kingsville by the legal adoption of this Charter, and all suits and pending action to which the City of Kingsville heretofore was or now is a party, plaintiff or defendant, shall in no wise be affected or terminated by the provisions of this Charter or by the legal adoption of the same, but shall continue unabated.



Section 5 - ACQUISITION OF PROPERTY: The City of Kingsville shall have the power and authority to acquire by purchase, gift, devise, condemnation or otherwise any character of property, including any charitable or trust fund.



Section 6 - PUBLIC PROPERTY EXEMPT FROM EXECUTIONS: Said City shall have the power to provide that no public property or any other character of property owned or held by said city shall be subject to any execution of any kind or nature.



Section 7 - CITY FUNDS NOT SUBJECT TO GARNISHMENT: Said City shall have the power to provide that no funds of the city shall be subject to garnishment and that the city shall never be required to answer in any garnishment proceedings.



Section 8 - EXEMPTION FROM LIABILITY FOR DAMAGES: Said City shall have the power to provide for the exemption of said city from liability on account of any claim for damages to any person or property, and to fix rules and regulations governing the city's liability, as may be deemed advisable.



Section 9 - RIGHT OF EMINENT DOMAIN: Said City shall have the right to eminent domain and the power to appropriate property for public uses whenever the governing authority shall deem it necessary; and to take any private property, within or without the city limits, for any of the following purposes, to wit City Halls, Police Stations, Jails, Calabooses, Fire Stations and fire alarm systems, Libraries, Hospitals, Sanitariums, Auditoriums, Market Houses, Slaughter Houses, Reformatories, Abattoirs, Streets, Alleys, Parks, Highways, Playgrounds, Sewer Systems, Storm Sewers, Sewage Disposal Plants, Filtering Beds and Emptying Grounds for Sewer Systems, Drainage, Water Supply Sources, Wells, Water and Electric Light and Power Systems, Street Car Systems, Telephone and Telegraph Systems, Gas Plants or Gas Systems, Cemeteries, Crematories, Prison Farms, Pest Houses, and to acquire lands, within or without the City, for any other municipal purpose that may be deemed advisable. That the power herein granted for the purpose of acquiring private property shall include the power of improvement and enlargement of waterworks, including water supply, riparian rights, stand pipes, watersheds, and the construction of supply reservoirs. That in all cases where the city exercises the power of eminent domain, it shall be controlled as nearly as practicable, by the laws governing the condemnation of property by railroad corporations in this State, the city taking the position of the railroad corporation in any such case.



Section 10 - OWNERSHIP OF PUBLIC UTILITIES: Said city shall have the power to buy, own or construct, and to maintain and operate, within or without the city limits, complete water systems, gas or electric lighting or power plant or plants, telephone systems, street railways, sewer systems, sewage plants, fertilizing plants, abattoirs, municipal railway terminals, or any other public service utility, and to demand and receive compensation for services furnished by the city for private purposes or otherwise, and to have the power to regulate by ordinance, the collection of compensation for such services. That said city shall have the power to acquire by lease, purchase or condemnation, the property of any person, firm or corporation now or hereafter conducting any such business for the purpose of operating such public utility or utilities and for the purpose of distributing such service throughout the city, or any portion thereof.



Section 11 - FUNDS FOR THE ACQUISITION OF ANY PUBLIC UTILITY, SECURITY FOR SAME, ETC.: Should the city determine to acquire any public utility by purchase, condemnation or otherwise, as herein provided, said city shall have the power to obtain funds for the purpose of acquiring said public utility and paying the compensation thereof, by issuing bonds or notes, or other evidence of indebtedness, and shall secure the same by fixing a lien upon the property constituting the public utility so acquired and said security shall apply alone to said property so pledged.



Section 12 - MANUFACTURE OR PURCHASE OF PUBLIC UTILITY PRODUCTS: Said city shall have the authority to manufacture its own electricity, gas or anything else that may be needed or used by it or the public; to make contracts with any person, firm or corporation for the purchase of gas, water, electricity or any other commodity or articles used by it or the public, and to sell same to the public as may be determined by the governing authority.



Section 13 - RIGHT TO OPERATE AND MAINTAIN PUBLIC UTILITY ACQUIRED, EXCLUSIVE: In the event said city shall acquire, by purchase, gift, devise, deed, condemnation or otherwise, any water-works system, electric light or power system, gas system, street railway system, telephone system or any other public service utility to operate and maintain for the purpose of serving the inhabitants of said city, the right to operate and maintain such public service utility, so acquired, shall be exclusive.



Section 14 - RIGHT TO REGULATE CHARGES, ETC., OF HOLDER OF FRANCHISE OR PRIVILEGE: Said City shall have the power to determine, fix and regulate the charges, fares and rates of any person, firm or corporation exercising, or that may hereafter exercise, any right of franchise or public privilege in said City, and to prescribe the kind of service to be furnished, the equipment to be used, the manner in which the service shall be rendered and to change such regulations from time to time; that in order to ascertain all the facts necessary for the proper understanding of what is or should be a reasonable rate of regulation, the governing authority shall have full power to inspect the books and other records of such person, firm or corporation and compel the attendance of witnesses for such purposes. Every franchise holder who shall request an increase in rates, charges or fares, shall have, at the hearing of the Commission called to consider such request, the burden of establishing by competent 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, upon such hearing, the Commission 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 at a subsequent date, to which said hearing may be adjourned. If at the conclusion of said adjourned hearing, the Commission is still not satisfied with the sufficiency of the evidence furnished by said utility, the Commission shall have the right to select and employ rate consultants to conduct investigation, present evidence and advise the Commission, at its hearing on such requested increase in rates, charges or fares; and said utility shall reimburse the City for ONE HUNDRED PERCENT (100%) of its reasonable and necessary expense so incurred. Such rate consultants shall be qualified, competent and of good standing in their professions. No Public Utility franchise holder shall institute any legal action to contest any rate, charge or fare fixed by the Commission until such franchise holder has filed a motion for rehearing with the Commission specifically setting out each ground of its complaint against the rate, charge or fare fixed by the Commission, and until the Commission-shall have acted upon such motion. Such motion shall be deemed overruled unless acted upon by the Commission within a reasonable time, not to exceed ninety (90) days from the filing of such motion for rehearing; provided, that the Commission may by resolution extend such time limit for acting on said motion for rehearing from ninety (90) days to one hundred eighty (180) days; provided, however, that the City shall not prescribe the equipment to be used by public utility companies and provided, further, that where a State Law provides different time limits on rate hearings than those herein set out, then and in that event, the City shall observe the hearing times as set forth in such State Law.



Section 15 - STREET POWERS: The City of Kingsville shall have exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the city and to provide for the improvement thereof by paving, raising, grading, draining, or otherwise, and to charge the cost of making such improvement against the abutting property, by fixing a lien against the same and a personal charge against the owner thereof, according to an assessment specially levied therefor, in an amount not to exceed the special benefit of any such property received in enhanced value by reason of such improvements, and to provide for the issuance of assignable certificates covering the payment for said improvement; provided that in no event shall a percentage of the cost of such improvements greater than that authorized by applicable State statute be charged to the owner; it being further provided that all street railway, stream railways and other railways shall pay the entire cost of improving said streets, avenues, alleys and highways between the rails and tracks of any such railway companies, and for a distance of two feet on each side thereof.



Section 16 - CONSTRUCTION OF SIDEWALKS AND CURBS: Said City shall have the power to provide for the construction and building of sidewalks and to charge the entire cost of construction of said sidewalks, including curb, against the owner of the abutting property and to make special charge against the owner for such cost, and to provide by special assessments, a lien against such property for such cost.



Section 17 - SIDEWALKS, IMPROVEMENT; DEFECTIVE MAY BE DECLARED NUISANCE: Said city shall have the power to provide for the construction, improvement or repair of any such sidewalk, or the construction of any such curb, by penal ordinance, and to declare defective sidewalks to be a public nuisance.



Section 18 - FRANCHISE FOR USE OF STREETS: Said city shall have the power and authority to grant franchises for the use and occupancy of streets, avenues, alleys and any and all public grounds belonging to or under the control of the city. No telegraph, telephone, electric light or power, street railway, inter-urban railway, steam railway, gas company, waterworks, water system or any other character of public utility shall be granted any franchise or permitted the use of any street, avenue, alley, highway or grounds of the city without first making application to and obtaining the consent of the governing authorities thereto, expressed by ordinance, and upon paying such compensation as may be prescribed, and upon such conditions as may be provided for by such ordinance, and before such ordinance proposing to make any grant for franchise or privilege to any applicant to use or occupy any street, avenue, alley or any other public ground belonging to or under the control of the city, shall become effective, publication of said ordinance, as finally proposed to be passed, shall be made in some newspaper published in the City of Kingsville, once a week for three consecutive weeks, which publication shall be made at the expense of the applicant desiring said grant and said proposed ordinance shall not be thereafter changed unless again republished as in the first instance, nor shall any such ordinance take effect or become a law or contract or vest any right in the applicants therefor, until after the expiration of thirty days from the last publication of said ordinance, as aforesaid.



Pending the time such ordinance may become effective, it is made the duty of the governing authority of the City to order an election if requested to so do by written petition of at least ten percent (10%) of the legally qualified voters, as determined by the number of votes cast in the last regular municipal election; at which election the qualified voters of said city shall vote for or against the proposed grant, as set forth in detail by the ordinance conferring the rights and privileges upon the applicant therefor. Such election shall be ordered not less than thirty (30) days nor more than ninety (90) days from the date of filing said petition, and if at said election the majority of the votes cast shall be for the granting of such franchise or privilege, said ordinance and the making of said proposed grant shall thereupon become effective, but if a majority of the votes cast by said election shall be against the granting of such franchise or privilege, such ordinance shall be ineffective and the making of such proposed grant shall be null and void.



No franchise shall be granted for a term of more than thirty (30) years. All franchises shall specify the term of years for which granted and such franchises may be amended from time to time with the consent of the franchise holder.



Section 19 - PUBLIC WORKS, IMPROVEMENTS: Said city shall have the power to open, extend, straighten and widen any public street, avenue, boulevard or alley and for such purposes to acquire the necessary land, by purchase or condemnation, and to provide that the cost of improving such street, avenue, boulevard or alley by opening, extending, straightening or widening the same shall be paid by the owners of property lying in the territory of such improvement to the extent they are especially benefitted thereby, and to provide that the cost shall be charged, by special assessment against such owners and their property for the amount due by them, and three (3) Special Commissioners shall be appointed by the District Judge or Judge of the Kleberg County Court At Law of Kleberg County, Texas, for the purpose of condemning said land and apportioning said cost, and such apportionment shall be specially assessed by the governing authority of said city against the owners and their property lying in the territory so found by said Special Commissioners to be specially benefitted in enhanced value, and said city may issue assignable certificates for the payment of any such cost against such property owners and their property and may provide for the payment thereof in deferred payments which deferred payments shall bear interest at the rate of not exceeding eight (8) per cent per annum. Said city shall pay such portion of such cost as may be determined by said Special Commissioners, to be due by it provided the cost paid by the city shall never exceed one-third (1/3) of the cost of such improvement.



Section 20 - ALTERING STREETS, OBSTRUCTIONS, ENCROACHMENTS, ETC.: Said city shall have the power to control, regulate and remove all obstructions, encroachments and incumbrances on any public street, avenue, boulevard or alley and to narrow, alter, widen, straighten, vacate, abandon and close same; to provide for sprinkling and cleaning same, and to regulate and control the moving of buildings and structures of every kind and character upon and along the same.



Section 21 - PARKS, PLAYGROUNDS, ETC.: Said city shall have the exclusive control over all city parks and playgrounds and to control, regulate and remove all obstructions and prevent encroachment thereupon; and to provide for the raising, grading, filling, terracing, landscape gardening, erecting buildings, providing amusements therein, for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds.



Section 22 - PEACE AND GOOD ORDER: Said city shall have the power to define all nuisances, prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet; to police all parks, grounds, speedways, streets, avenues and alleys owned by said city, within or without the city limits; to prohibit the pollution and/or contamination of all sources of water supply of said city, and to provide for the protection of water sheds and the prevention of the depletion of its aquifer.



To provide for the inspection of dairies, cows and dairy herds, slaughter pens and slaughter houses and abattoirs, within or without the city limits from which meat, milk, butter or eggs from same are furnished to the inhabitants of said city, and to provide for the inspection of meat markets, grocery stores, drug stores, confectioneries, fruit stands, ice cream factories, laundries, bottling plants, hotels, restaurants and bakeries; the source, storage and distribution of water, and all other places where food or drink for human consumption are manufactured, handled, sold or exposed for sale, and to regulate and inspect the character and standard of such articles of food and drink so sold or offered for sale.



To provide for the inspection and regulation of the sanitary condition of all premises and vacant lots within the city limits; for the removal of garbage, night soil, refuse and unsanitary vegetation; to provide for establishing a lien against the property for any expense incurred by the city in enforcing this provision, and further to provide for the making and enforcing of all proper and reasonable regulation, for the health and sanitation of said city and its inhabitants.



To provide for a health department and the establishment of rules and regulations protecting the health of the city, the establishment of quarantine stations, pest houses and hospitals and to provide for the adoption of necessary quarantine laws to protect the inhabitants against contagious and infectious diseases.



To provide for a sanitary sewer system and for the maintenance thereof; to require property owners to make connections to such sewers with their premises and to provide for fixing a lien against any property owner's premises who fails or refuses to make sanitary sewer connections and to charge the cost against the said owner and make it a personal liability, and to fix penalties for failure to make sanitary sewer connections.



To require property owners, their agents and lessees to remove, within a reasonable time, ice slush, snow and other debris from sidewalks fronting on property owned, occupied or controlled by such owner, agent, or lessee and to require such owner, agent, or lessee to remove all low hanging limbs from trees adjacent to sidewalks in said city.



To prohibit the driving of herds of horses, mules, cattle, hogs, sheep, goats and all herds of domestic animals along or upon the streets, avenues or alleys of said city.



To establish and regulate public pounds and to regulate, restrain and prohibit the running at large of all domesticated and non-domesticated animals and fowls, and to authorize the restraining, impounding and sale of the same for the cost of the proceedings and the penalty incurred, and to order their destruction when they cannot be sold and to impose penalties upon the owner thereof for the violation of any ordinance regulating or prohibiting the same, and to tax, legislate, restrain and prohibit the running at large of dogs and to authorize their destruction and impose penalties to the owners or keepers thereof.


To prohibit the inhumane treatment of animals and to provide punishment therefor.




To prohibit and restrain the flying of kites, firing firearms, firecrackers, rolling of hoops and the use of velocipedes, bicycles and skates, or the use and practice of any amusement on the streets or sidewalks to the annoyance of pedestrians or persons using such streets or sidewalks, and to restrain, regulate and prohibit the ringing of bells, or blowing of horns, bugles and whistles, crying of goods and all other noises, practices and performances tending to the collection of persons in the streets or tending, unnecessarily, to interfere with the peace and quietude of the inhabitants of said city; and to suppress and regulate all unnecessary noises.



To license any lawful business, occupation or calling that is susceptible to the control of the police power, and to license, regulate, control or prohibit the erection of signs or billboards.


To license, tax and regulate or suppress and prevent hawkers, peddlers and pawn brokers.



To license, tax and regulate all charges or fares made by any person, firm or corporation owning, operating or controlling any vehicle operated for the carriage of passengers or freight for hire on the public streets of the city.



To regulate the operation of railway trains and street cars operated on, along or across the street, avenues or alleys of said city; to license and control the operation of automobiles, motorcycles, taxicabs, busses, cabs and carriages and all character of vehicles using the public streets and to regulate the use and occupancy of the streets by any such vehicles.



To provide for the regulation and control of plumbers and plumbing works and to secure efficiency in the same.



To provide for the inspection of weights, measures and meters and fix a standard of such weights, measures and meters and require conformity of such standards and provide penalties for failure to use or conform to the same, and to provide for inspection fees.



To provide for the issuance of permits for erecting all buildings; for the inspection of the construction of all buildings in respect to proper wiring for electric lights and other electric appliances; piping for gas, flues, chimneys, plumbing and sewer connections and to enforce proper regulations in regard thereto.


To provide for establishing and maintaining a public library.




To provide for the establishment and designation of fire limits; to prescribe the character and kind of structures to be erected therein; to provide for the erection of fireproof buildings within said limits and for the condemnation of dangerous or dilapidated structures that are calculated to increase the fire hazard.



To enact and enforce all ordinances and resolutions, necessary to regulate the safety of all office buildings, hotels, apartment houses, rooming houses, hospitals, theaters, store buildings and all public buildings.



To require the construction of fire escapes in connection with public buildings, and to determine the sufficiency and regulate the safety of all exits and fire escapes provided on public buildings of every kind and character.



To provide for the establishment of districts and limits, within said city, where saloons for the sale of spirituous, vinous or malt liquors may be located and maintained, and to prohibit the sale of such liquors or the location of such saloons without such defined districts or limits; and to regulate the location, permit, forbid, regulate and control theaters, moving picture shows, vaudeville shows, dance halls, ten pin alleys, pool halls and all other public amusements, whenever the preservation of order, tranquility, public safety or good morals demand it.


To restrain and punish vagrants, mendicants, beggars and prostitutes.




To prohibit and punish keepers and inmates of bawdy, assignation and disorderly houses, and to prevent and suppress such keepers, inmates and owners, or agent of such owners, of such house, knowingly permitting such houses to be occupied as such bawdy, assignation or disorderly houses and to determine such inmates and keepers to be vagrants.


To provide for establishing and maintaining the Fire Department of the City.




To require waterworks corporations, gas companies, street car companies, telephone companies, electric light and power companies or other companies or individuals, exercising franchises, now or hereafter, from the city, to make and furnish extensions of their service to such territory as may be required by ordinance.



To establish and maintain the City Police Department, prescribe the qualifications and duties of policemen and regulate their conduct.



To provide for the enforcement of all ordinances enacted by it, by a fine not to exceed Two Hundred Dollars ($200.00), or as may be authorized by the General Laws of the State of Texas, provided that no ordinance shall provide a greater or less penalty that is prescribed for a like offense by the laws of the State.



To provide for the commutation of fines imposed, by labor in a workhouse, on the public streets and public ways of the city; and for the collection of any fine imposed, execution may be enforced, as executions issued in civil cases.



To provide for a Court for the trial of misdemeanor offenses, known as the "Municipal Court," with such powers and duties as are defined and prescribed by applicable state law.



To appoint, as soon as practicable after the adoption of this Charter some suitable person for the position of judge or recorder of the Municipal Court, who shall discharge the duties of said office under the terms and provisions of the State law creating said court, and subject to the provisions of this Charter.



To establish, maintain and regulate the city prison, workhouse and other means of punishment for vagrants, city convicts and disorderly persons, and such hospitals, orphanages and charitable institutions as may be deemed expedient by the governing authority.



To establish, maintain, regulate and operate market places, abattoirs and slaughter pens and to build and maintain buildings therefor, to rent and lease the same, and to regulate and provide for the regulation and inspection of said market places, abattoirs and slaughter pens.



Section 23 - INITIATIVE AND REFERENDUM: (a) The legislative power of the city is vested in the City Commission, but the people of the city reserve unto themselves the powers of initiative and referendum which shall be exercised in the manner prescribed in this Charter.

(1) Initiative. The registered voters of the city shall have the power to propose ordinances to the City Commission and, if the Commission fails to adopt the ordinance in substantially the form in which it was presented, to adopt or reject the ordinance proposed at an election as provided herein.

(2) Referendum. The registered voters of the city shall have the power to require reconsideration by the City Commission of any adopted ordinance or part thereof and, if the Commission fails to repeal the ordinance, or the disputed part thereof, to approve or reject it at an election as provided herein.

(b) The power of initiative and referendum reserved herein shall not extend to specific items contained in the operating or capital budgets of the city, contracts, appropriations already made, the levy of taxes or the individual salaries of city officials or employees. The powers of initiative and referendum contained herein are not in lieu of the referendum powers and procedures provided elsewhere in this Charter and under state law; therefore, the powers of initiative and referendum provided in this section shall not apply when another referendum procedure is available under this Charter or state law.

(c) Any five registered voters may commence initiative or referendum proceedings by filing with the City Secretary a statement that they intend to circulate petitions calling for an initiative or referendum. The statement shall include the following:

(1) the names and addresses of the registered voters commencing the proceedings:

(2) the full text of the ordinance being proposed by initiative or the full text of the ordinance to be reconsidered by referendum; and

(3) the name and address of the registered voter who is designated to receive all communications from the City Secretary and City Attorney under this section.

(d) In the case of an initiative, the City Attorney shall draft an ordinance in legal form, consistent with the laws of the State and the United States, incorporating in substance the text submitted. The City Secretary shall present the initiative or the request for referendum to the City Commission at its next regular meeting. Forty‑five days from the date of presentment shall be allotted to the City Commission to consider the adoption of such ordinance by initiative. In the case of referendum, the statement commencing the referendum proceedings must be filed no later than the tenth day after the City Commission adopts the ordinance and the City Commission shall have until the adjournment of the next regular City Commission meeting following receipt of the statement to reconsider such ordinance.

(e) In the event the Commission fails to take the proposed action within the time allotted, the City Secretary shall furnish to the proponents petition pages for circulation among the registered voters of the city. Each petition page shall contain the following:

(1) a summary not to exceed 100 words stating in substance the initiative or referendum measure to be considered by the voters and the notation that the full text of the ordinance is available for inspection at the office of the City Secretary;

(2) the printed name, address and registration number of each voter signing the petition;

(3) the signature of each signer in ink and the date of signing;

(4) the date of issuance of the petition by the City Secretary and, in the case of a referendum petition, the names and addresses of the five persons who initiated the procedure.

(f) All petition pages comprising an initiative or referendum petition shall be assembled and filed with the City Secretary as one instrument within ninety days from date of issuance of the forms for such purposes by the City Secretary. Within twenty days, the City Secretary shall determine whether the same is signed by qualified voters of the city equal in number to at least five percent of the registered voters of the city voting in the most recent city election. If the certificate of the City Secretary shows the initiative or referendum petition to have total signatures of registered voters in number that is less than the required five percent of the number of registered voters voting in the most recent city election, the City Secretary shall notify the person filing the petition, and it may be supplemented within ten days from the date of the City Secretary's notice by filing supplementary petition pages as provided by the City Secretary bearing signatures of other registered voters. Within ten days after such supplementary pages are filed, the City Secretary shall again examine the original petition, as supplemented, and shall certify the results thereof to the Commission at its next regular meeting.

(g) In the case of referendum, if all necessary petition pages comprising the referendum petition have been assembled and filed with the City Secretary within sixty days from the deadline for action by the City Commission to reconsider the ordinance, the effectiveness of the disputed provisions shall be suspended pending the outcome of these referendum proceedings. Nothing herein shall be construed to prevent the City Commission from repealing the disputed provisions to be reconsidered during such period.

(h) Whenever an initiative or referendum petition is certified by the City Secretary to have valid signatures equal in number to at least five percent of the registered voters of the city voting in the most recent city election and the City Commission does not adopt the ordinance proposed by initiative or repeal the disputed provisions sought to be reconsidered by referendum, the Commission shall include the proposition on the ballot at an election to be held as follows:

(1) in the case of an initiative, at the next regular City Commission elections;

(2) in the case of a referendum for which the necessary petition pages have been filed within sixty days from the deadline for action by the City Commission to reconsider the ordinance, at the next available uniform election date under state law; or

(3) in the case of any other referendum, at the next regular City Commission elections.

(i) Not later than the next regular meeting of the City Commission following the election, the Commission shall canvass the election returns, and if a majority of the registered voters voting on the issue approve of the ordinance submitted by initiative or the referendum, such action shall become effective as of the date the returns are canvassed or as of any later effective date as may be provided.

(j) Any ordinance adopted by initiative shall not be subject to repeal or substantial modification by action of the Commission for a period of four years from the date of the election, except by referendum election called by the Commission or by petition as herein provided. Any ordinance repealed by referendum shall not be reinstituted in whole or substantial part by action of the Commission for a period of four years from the date of the election, except by referendum election called by the Commission or by petition as herein provided. (Amended by electorate, 5-13-06)


Section 24 - RECALL: 1) SCOPE: Any member of the City Commission, whether elected to office by the qualified voters of the City or appointed by the City Commission to fill a vacancy, shall be subject to recall and removal from the office by the qualified voters of the City.

2) RESTRICTIONS ON RECALL: No recall petition shall be filed against any officer of the City within six (6) months after such officer's election or appointment, nor within six (6) months after an election for such officer's recall, nor within six (6) months of the expiration of such officer's term.

3) RECALL PROCEDURE: Any qualified voters of the City may make and file with the person performing the duties of City Secretary an affidavit containing the name or names of the officer(s) whose removal is sought and a statement of the grounds for removal. The City Secretary shall immediately notify in writing the officer(s) sought to be removed that the affidavit has been filed and shall inform the officer(s) of its statement of grounds. The City Secretary shall within a period of two (2) working days from the time the affidavit was filed thereupon make available to the qualified voters making such affidavit copies of petition blanks demanding such removal. The City Secretary shall keep a sufficient number of such printed petition blanks on hand for distribution. Such blanks when issued by the City Secretary shall bear the signature of the City Secretary and be of such form as prescribed below and shall be numbered, dated, and indicate the name of the person to whom issued. The City Secretary shall enter in a record to be kept in his or her office the name of the qualified voters to whom the petition blanks were issued and the number to said person.

4) PETITION: Before the question of recall of such officer shall be submitted to the qualified voters of the City, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of the City Secretary; which said petition shall be signed by qualified voters of the City equal in number to at least twenty percent (20%) of the number of qualified voters voting in the most recent city election. Such petition shall contain a general statement of the grounds for which the removal is sought.

A signature on a petition for recall is valid only if the petition meets the requirements of the State Election Code.

5) FORM OF RECALL PETITION: The recall petition mentioned above must be addressed to the City Commission of the City of Kingsville, must distinctly and specifically state the ground(s) upon which such petition for removal is predicated, and if there be more than one ground, such as for incompetency, noncompliance with this Charter, misconduct or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed, notice of such matters and things with which he or she is charged. Recall petition papers provided by the person performing the duties of City Secretary shall be in form substantially as follows:

We the undersigned qualified voters of the City of Kingsville hereby demand the question of removing (Name of Person) from the office of (Name of Office) be submitted to a vote of the qualified voters of the City. The charges and specifications upon which this demand for removal is predicated are as follows:


Signature Printed Name Address, including County Voter Registration No.


The signatures shall be verified by oath in the following form:

"STATE OF TEXAS

COUNTY OF KLEBERG


I, , being first duly sworn, on oath depose and say that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be.


Sworn and subscribed to before me this day of .


Notary Public in and for Kleberg County, Texas"

6) PRESENTATION OF PETITION; ELECTION TO BE CALLED: All papers comprising a recall petition shall be returned and filed with the person performing the duties of City Secretary within thirty (30) days after the filing of the affidavit hereinbefore provided for. The person performing the duties of City Secretary shall certify said petitions within fifteen (15) days of receipt and present such certified petitions to the City Commission at the next regular City Commission meeting. If the officer whose removal is sought does not resign within five (5) calendar days after such notice is given, then it shall become the duty of the City Commission to order an election and fix a date for holding such recall election, the date of which election shall be in accordance with the Texas Election Code Annotated.

7) FAILURE OF CITY COMMISSION TO CALL AN ELECTION: In case all of the requirements of this Charter shall have been met and the City Commission shall fail or refuse to receive the recall petition, or to order such recall election, or to discharge any other duties imposed upon said City Commission by the provisions of this Charter with reference to such recall, then the District Judge of Kleberg County, Texas, or other judge of competent jurisdiction shall discharge any such duties herein provided to be discharged by the person performing the duties of City Secretary or by the City Commission.

8) BALLOTS IN RECALL ELECTION: Ballots used at recall elections shall conform to the following requirements:

(a) With respect to each person whose removal is sought, the question shall be submitted: "Shall (Name of Person) be removed from the office of (Name of Office) by recall?"

(b) Immediately below each such question there shall be printed the two following propositions, one above the other, in order indicated:

"{ } Yes"

"{ } No"

9) RESULT OF RECALL ELECTION: If a majority of the votes cast at a recall election shall be against the recall of the person named on the ballot, he or she shall continue in office for the remainder of his or her unexpired term, subject to recall as before. If a majority of the votes cast at such an election be for the recall of the person named on the ballot, he or she shall, regardless of any technical defects in the recall petition, be deemed removed from office.

If, in such recall election, there shall, as a result of such election, remain one or more such elective officer's who is not recalled, then such officer or officers not recalled shall discharge all the duties incumbent upon the governing authorities of said city until the vacancy or vacancies created at such recall elections are filled by an election for that purpose, as hereinafter provided for, but if in any proposed recall election it is proposed and submitted to recall all elective officers, then there shall be placed on said ballots under the question of recall, the names of candidates proposed to fill the vacancies proposed to be created by such election, but the names of such officers proposed to be recalled shall not appear on the ballot as candidates.

If at any recall election it is not proposed and submitted to recall all of the elective officers, but only one or more, fewer than all, and such election shall result in favor of the recall of one or more of such officers, proposed to be recalled, then it shall be the duty of such officer or officers not recalled and constituting the governing authority of the city, within five (5) days after such election is held, to meet, canvass the returns, declare the result of the election and on the same day order an election to fill such vacancy or vacancies, which such replacement election shall be in accordance with the Texas Election Code Annotated.

In no instance shall an officer removed from office by recall election succeed himself or herself, nor shall such officer's name appear on a ballot for elective office of the City within a period of two (2) years following the date of the election at which such officer was removed from office. (Amended by electorate, 5-13-06)

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ARTICLE III



Section 1 - TAXATION: The City shall have the power and is hereby authorized, annually, to levy and collect taxes, not exceeding seventy-five ($0.75), on each one hundred dollars ($100.00) assessed valuation of all real and personal property within city limits, for general maintenance purposes, and to levy and collect taxes, not exceeding for all purposes Two and 50/100 Dollars ($2.50) on each One Hundred Dollars ($100.00) of assessed valuation of all real and personal property within the City limits, not exempt from taxation by the Constitution and laws of the State.



Shall authorize the granting and issuance of licenses and shall direct the manner of issuing and registering the same and fix the fees therefor; but no license shall issue for a longer period than one (1) year and shall not be assignable except by permission of the governing authority of said city.



Shall have the power, annually, to levy and collect a franchise tax against any public corporation using or occupying the public streets or grounds of the city, separately from the tangible property of such corporation, and to levy and collect, annually upon the property and shares of corporations, companies and corporate institutions, as the same are now or may be assessed by the State laws, and shall have full power to enforce the collection of such taxes.



Shall have the power to regulate the manner and mode of making out tax lists, inventories and appraisements of property therein, and to prescribe the oath that shall be administered to each person rendering property for taxation and to prescribe how, when and where property shall be rendered and to prescribe the number and form of assessment rolls and to adopt such measures as may be deemed advisable to secure the assessment of all property within the city limits and to collect taxes thereon and may provide a fine upon all persons failing, neglecting or refusing to render their property for taxation, and to do any and all other things necessary or proper to render effectual the collection of moneys by taxation.



Shall have the power to provide for the rendition of unrendered property for taxation and levy and assess taxes thereon annually, and to provide for the rendition, levy and assessment of taxes for previous years on property omitted from taxation, and to provide interest at the rate not to exceed that interest rate authorized by State Law upon such unrendered or omitted property and to change and provide for correction and re-assessment property erroneously assessed.



All real, personal or mixed property held, owned or situated in the City of Kingsville shall be liable for all municipal taxes, due by the owner thereof, including taxes on real estate, franchises, personal and mixed property, and all other municipal taxes of whatsoever character. Such municipal taxes are hereby declared to be a lien, charge and encumbrance upon the property so taxed and shall be a prior lien to all other claims, sales, assignments, transfers, gifts and judicial writs. Said lien shall exist from the first day of January of each year until all taxes have been paid and against any real estate which, for any cause, has failed to be assessed for one or more years, and such lien shall be good and effective for every year for which assessment has so failed.



Personal property of all persons, firms, or corporations owing any taxes to the City of Kingsville, is hereby made liable for all such taxes, whether the same be upon personal or real property or upon both.



The governing authority of the city shall levy the annual tax for such year, but special taxes or assessments allowed by this Charter may be levied, assessed and collected at such time as the governing authority may provide; provided, that should the governing authority fail or neglect to levy the annual tax herein provided for any one year the annual tax levy for the preceding year last made by said governing authority shall and will be considered in force and effective as the tax levy for the year for which no annual tax levy was made.



Said city shall have the power to provide for the prompt collection, by suit or otherwise, of taxes assessed, levied and imposed, and is hereby authorized, and to that end shall have full power and authority to sell, or cause to be sold, all kinds of property, real and personal, and shall make such rules and regulations and enact all such ordinances as are deemed necessary for the collection of any taxes provided in this Charter.



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.



The city shall have the power to control and manage the finances of the city; to provide its fiscal year and fiscal arrangement.



All moneys arising from the collection of taxes by the city shall be divided into two funds, and designated as a "General Fund" and an "Interest and Sinking Fund."



No irregularities in the time or manner of making or returning the city assessment rolls or the approval of such rolls shall invalidate any assessment.



The governing authority of the city shall have the authority to create a Board of Adjustment whose duties shall be to equalize the values of all property rendered for taxation in the City of Kingsville; prescribe the qualifications, compensation and number necessary to constitute said board, and enact all ordinances necessary to regulate and control the equalization of values by such board.

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ARTICLE IV



Section 1 - BONDS: The governing authority of the city shall have the power to appropriate so much of the general revenue of the city as may be necessary for the purpose of retiring and discharging the accrued indebtedness of the city, and for the purpose of improving the streets, purchasing and constructing sewers, erecting and maintaining public buildings of every kind and for the purchasing or constructing of water works plans and systems and for the purpose of erecting, maintaining and operating an electric light and power plant and such other public utilities as the governing authority may from time to time deem expedient, and in furtherance of any and all of these subjects, the city shall have the right and power to borrow money upon the credit of the city, within the limits provided by law, and to issue coupon bonds of the city therefor, in such sums as may be deemed expedient, to bear interest at a rate as may be authorized by State statute, payable annually or semi-annually, at such places as may be designated by the city ordinance.



All bonds shall specify for what purpose they are issued, and shall be invalid if sold for less than their par value, and when any bonds are issued by the city, a fund shall be provided to pay the interest and create a sinking fund to redeem said bonds, which fund shall not be diverted or drawn upon for any other purposes and the person acting as city treasurer shall honor no drafts upon said fund except to pay interest upon or redeem the bonds for which it was provided.



Said bonds shall be issued for a period of time not to exceed forty (40) years; shall be signed by the Mayor, countersigned by the person acting in the capacity of city clerk or secretary, and shall be payableiat such places and times as may be fixed by the ordinance of the governing authority. All such bonds shall be submitted to the Attorney General of the State of Texas for his approval and the Comptroller for registration, as provided by State law; provided, that any such bonds, after approval, may be issued by the city either optional or serial, or otherwise, as may be deemed advisable by the governing authority.



Before the issuance of any bonds the same shall be submitted to a vote of the qualified voters of the city and should a majority of the votes cast at such election be in favor of issuing the bonds, the same shall be issued as provided herein; but should said election fail to carry, bonds shall not be issued. The election provided for above shall be conducted as other elections under the State law, after due notice by publication, once each week for three (3) consecutive weeks prior thereto, in one or more newspapers published in Kingsville, which said notice shall state the nature and purpose of said election.

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ARTICLE V



Section 1 - MUNICIPAL GOVERNMENT: From and after the regular City election to be held in April, 1952, the municipal government of the City of Kingsville, shall consist of the City Commission, which shall be composed of five (5) commissioners, one of whom shall be Mayor of the City.



Section 2 - TERMS OF OFFICE: The Mayor and each Commissioner shall serve, after the first election for Commissioners as hereinafter provided, for a term of two (2) years and until his successor is elected and qualified, unless sooner removed from office as herein provided.



Section 3 - VACANCIES: Vacancies in the City Commission, except for those created by recall election, shall be filled for the remainder of the unexpired term by appointment of the remaining Commissioners within 90 days of the vacancy. (Am. Ord. 94003, passed 5‑9‑94; Amended by electorate, 5-13-06)




Section 4 - QUALIFICATIONS: The Mayor and each Commissioner shall be citizens of the United States, and have resided in the City of Kingsville for a continuous period of 12 months, and have attained the age of 21 years at the time of filing as a candidate for such position; and have the other qualifications of an Elector in the City and as provided for candidates in the State Election Code. The Mayor and each Commissioner shall not be in arrears in the payment of any taxes or other liabilities to local taxing entities. ("In arrears" is defined herein to mean that payment has not been received within ninety (90) days from due date.) The Mayor, Commissioners, and other officers and employees shall not hold any other public office of emolument, except the Office of Notary Public, and shall not be interested in the profits or emoluments or any contract, job, work or service for the municipality, or interested in the sale to or by the City of any property, real or personal. All such qualifications and requirements shall be fully complied with by any prospective candidate for the position of Mayor or Commission at the time of filing for election. Any Mayor or Commissioner of the City who shall cease to possess any of the qualifications herein required shall forthwith forfeit his office and any such contracts in which any officer or employee is or may become interested may be declared void by the Commission. No elected official shall otherwise accept any service, or anything of value, directly or indirectly, from any entity, upon terms more favorable than are granted to the public. All members present at Commission meetings shall vote "Yes" or "no" on all matters requiring a vote before such Commission; provided, however, any Commissioner having a conflict of interest regarding the matter or matters upon which a vote is to be taken shall abstain from voting and abstain from any discussion on such matter. (Amended by electorate, 5-13-06)



Section 5 - ELECTIONS: The elective officers of the City shall consist of five (5) commissioners- one of whom shall be designated as Mayor, and the names of the candidates for Mayor and Commissioners shall be printed on one ballot and submitted to the qualified voter for election, and the candidate for Mayor receiving the highest number of votes at the election shall be declared elected; and the four candidates for Commissioners receiving the highest number of votes at the election shall be declared duly elected.


Section 6 - JUDGE: The Commission shall be the judge of the election and qualification of its




Section 7 - ELECTION RETURNS: The Commission shall, at the next regular meeting of said Commission, after each regular and special election, canvass the returns and declare the result of such election.



Section 8 - ELECTION DAY: The regular City Election will be held in accordance with the provisions of the Texas Election Code Annotated, Chapter 41. The City Commission shall, by ordinance, establish the general election date. The City Commission shall be responsible to specify places for holding such election.

SPECIAL ELECTIONS: The City Commission may, by ordinance or resolution, order a special election under conditions specified elsewhere in this Charter, for initiative or referendum of ordinances, bond issues, Charter amendments, recall of the Mayor or Commission members or other purposes deemed appropriate by City Commission. The special City Elections will be held in accordance with the provisions of the Texas Election Code Annotated, Chapter 41. The City Commission will fix time and place for holding such special elections, and provide all means for holding same. (Amended by electorate, 5-13-06)


Section 9 - ELECTION_LAW CONTROLLING: All elections provided in this Charter shall be conducted, and the results canvassed and announced by the election authorities prescribed by the General Election Laws of the State of Texas, and said General Election Laws shall control in all municipal elections, except as otherwise herein provided.



All elections other than the regular municipal elections as set forth in Section 8, Article V of this Charter, shall be called Special Elections.



Section 10 - LEGISLATIVE AND GOVERNING BODY: The Commission shall enact all ordinances and resolutions, and adopt all regulations; and constitute the legislative and governing body of the City. The City Commission shall have the power to appoint the City Judge, the City Manager and the City Attorney. They shall not have the power of appointment or dismissal of the other employees of the City.



Section 11 - DUTIES OF MAYOR AND COMMISSIONERS: The Mayor and Commissioners shall exercise equal power and authority in the transaction of business for the City, except that the Mayor shall act as presiding officer of the Commission, and in his absence a Mayor pro tempore may be chosen. The Mayor, or his representative as may be annually designated by the Mayor in writing, shall sign all official documents for the City upon the consent and proper instruction from the Commission, and shall perform all duties imposed upon him by this Charter, and by the ordinances of the City, or upon the order of said Commission.



Section 12 - MEETING OF THE COMMISSION: On the first Thursday at 7:30 o'clock P.M., after the election of the Commission has been declared, the Commission shall meet in the City Hall, at which time the Commissioners shall qualify and assume the duties of their offices. Thereafter, the Commissioners shall meet at such times as may be prescribed by ordinance, resolution or motion, but they shall meet at least once every month. Any two of the five members of the Commission may call special meetings of the Commission at any time deemed advisable. All meetings of the Commission shall be public, except such executive sessions as may be provided for by ordinance or resolution, and any citizen shall have access to the minutes of and records thereof, at all reasonable times. The Commission shall determine its own rules of order of business, and shall keep journal of its proceedings.



Section 13 - COMPENSATION: The Mayor shall be paid Fifty Dollars ($50.00) for each regular or special meeting of the Commission attended. The Commissioners shall be paid Twenty-Five Dollars ($25.00) for each Commissioners Meeting attended; provided, however, that the Mayor and Commissioners shall never be paid for more than four meetings in any one month.



Section 14 - LEGISLATIVE PROCEDURE: A majority of all members elected on the Commission shall constitute a quorum to do business, and the affirmative vote of a majority of all five Commissioners be necessary to adopt any ordinance or resolution. The vote upon the passage of all ordinances or resolutions shall be taken by "Yes" or "No" and entered upon the Journal. Every ordinance or resolution passed by the Commission shall be signed by the Mayor and the persons acting as City Clerk or Secretary, and by him recorded.



Section 15 - ORDINANCE ENACTMENT: Each proposed ordinance or resolution shall be introduced in written or printed form, shall not contain more than one subject, which shall be clearly stated in the title, but general appropriation ordinances may contain the various subjects and accounts for which moneys are to be appropriated. No ordinance, unless it is declared an emergency measure, and passed by at least a four-fifths (4/5) vote of all five Commissioners, shall be passed on the date on which it shall be introduced.




Section 16 - EMERGENCY MEASURE; DEFINED AND PROVIDED FOR: An emergency measure in an ordinance or resolution for the immediate preservation of the public peace, property, health or safety, or providing for the usual daily operation of a municipal department in which the emergency is set forth and defined as a preamble thereto. Ordinance for the payment of salaries and wages may be passed as emergency measures, but no measure making a grant, renewal or extension of a franchise, or other special privilege or regulating the rate to be charged for its service by any public utility, shall ever be passed as an emergency measure.



Section 17 - ORDINANCES; PUBLICATION OF: All ordinances, other than emergency measures, shall be published once a week for two (2) consecutive weeks, in some newspaper published in Kingsville, and no ordinances shall become effective, until ten (10) days after the date of its last publication. Such ordinances may be published by descriptive caption, with such adoption briefly describing the purpose and penalties of said ordinance.



Section 18 - ORDINANCES; RECORDING: Every ordinance, or resolution, upon its becoming effective, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the Mayor and the party exercising the duties of city clerk or city secretary.



Section 19 - INVESTIGATIONS BY COMMISSION: The Commission may investigate the financial transaction of any office or department of the City government and any acts and conduct of any official or employee. In conducting such investigation, the Commission may compel the attendance of witnesses, the production of books and papers, and other evidence, and for that purpose may issue subpoenas or attachments which shall be signed by the Mayor; which may be served and executed by any officer authorized by law to serve subpoenas or other process, or any peace officer of the city. If any witness shall refuse to appear or to testify to any of the facts within his knowledge, or to produce any papers or books in his possession or under his control relating to the matter under investigation before the Commission, the Commission shall have the power to cause the witness to be punished as for contempt, not exceeding a fine of One Hundred Dollars ($100.00) and three (3) days in the city prison. No witness shall be excused from testifying, touching his knowledge of the matter under investigation in any such injury, but such testimony shall not be used against him in any criminal prosecution except for perjury committed upon such inquiry.



Section 20 - BOARD OF CITY DEVELOPMENT: The Commission shall have the authority to appoint what shall be known and designated as a "Board of City Development," which shall be composed of members who shall serve without compensation, and may prescribe the qualifications and duties of such board and their term of office, and may appropriate not exceeding Two cents ($.02) per One Hundred Dollars ($100.00) valuation of the taxable property in the City of Kingsville, from the General Fund of said city to support the work of the board.



Section 21 - SALARIES; GENERAL: The Commission shall fix and determine the wages and salaries of all appointive officers and employees of the City, and provide for the payment thereof.



Section 22 - PAYMENT OF CLAIMS: No warrant for the payment of any claim shall be issued by the city unless such claim shall be evidenced by an itemized account sworn to by claimant, audited and allowed by the Commission at a regular meeting, and all warrants shall be signed by the Mayor and countersigned by the party acting as city clerk or secretary.



Section 23 - ACCOUNTING PROCEDURE: An accounting procedure shall be devised and maintained for the city adequate in detail. All transactions effecting the acquisition, custodianship and disposition of values, including cash receipts, credit transactions and disbursements and the recorded facts, shall be presented periodically to officials and to the public in such summaries and analytical schedules in detailed support thereof as shall be necessary to show the full effect of such transactions for each fiscal year upon the finances of the city and in relation to each department of the city government, including distinct summaries and schedules for each public utility owned and operated.



Section 24 - AUDIT AND EXAMINATION: The Commission shall cause a complete audit of the books and accounts and of all records and transactions of the administration of the city to be made at least once every year and as often as the Commission may deem it necessary, and shall be made by a public accountant. The duty of the public accountant shall include the preparation of a general balance sheet showing summaries of income and expenditures and also comparisons, in proper class)fications with the last previous audit; such summaries shall be published in some newspaper published in Kingsville, on time, within ten (10) days after the completion of such audit.



Section 25 - CONTRACTS: Deleted, August 9, 1986.


Section 26 - NEPOTISM: Deleted, August 9, 1986.


Section 27 - HOURS OF LABOR UPON PUBLIC WORKS: Deleted, August 9, 1986.




Section 28 - OFFICIAL BONDS: The City Commission shall require bonds of municipal officers and employees who receive or pay out any monies of the City and all City Commission Members. The amount of such bonds shall be determined by the City Commission and the cost thereof shall be borne by the City. (Amended by electorate, 5-13-06)



Section 29 - OATH OF OFFICE: Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the oath prescribed by the Constitution of the State of Texas for County Officials.



Section 30 - CITY MANAGER: A city manager shall be chosen by the Commission on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of accepted practice in respect to the duties of his office. At the time of his appointment, he need not be a resident of the City or State, but during his tenure in office, he shall reside within the City. No Commissioner shall be appointed City Manager during the term for which he shall have been elected nor within one year after the expiration of his term.



Section 31 - POWERS AND DUTIES: The City Manager shall be the Chief executive officer and the head of the administrative branch of the City government. He shall be responsible to the Commission for the proper administration of all affairs of the City, and to that end, he shall have such power and shall be required to do any and all acts and perform all duties as authorized or directed by motion, resolution or ordinance of the City Commission; provided, however, that the Commission may not authorize or direct the City Manager to do anything which is in conflict with any provisions of this Charter.



Section 32 - APPOINTMENT AND REMOVAL OF CITY MANAGER: The City Manager shall be appointed, suspended and removed at the discretion of the City Commission, by vote of the majority of the entire City Commission. The action of the City Commission in suspending or removing the City Manager shall be final. It is the intention of this Charter to vest all authority and fix all responsibilities of such appointment, suspension or removal in the City Commission. (Amended by electorate, 5-13-06)


Section 33 - ESTABLISHMENT OF A SPECIAL FUND FOR CAPITAL IMPROVEMENTS: The Commission shall be authorized to order by ordinance, the establishment of a special fund to set aside a percentage of tax revenue for capital improvements.


GENERAL PROVISIONS



Section l - ENUMERATION OF POWERS: The enumeration of powers made in this Charter shall never be construed to preclude, by implication or otherwise, the city from exercising the powers incident to the enjoyment of local self-government, nor to do any and all things not inhibited by the Constitution and laws of the State of Texas.



Section 2 - RATIFICATION OF ORDINANCES: All ordinances and resolutions in force at the time of the taking effect of this Charter, not inconsistent with its provisions, shall continue in force until amended or repealed.



Section 3 - AMENDMENTS TO CHARTER: This Charter, after its adoption, may be amended in accordance with the provisions of an Act of the Thirty-Third Legislature of the State of Texas, entitled, "An Act Authorizing Cities Having More Than 5,000 Inhabitants, by a Majority Vote of the Qualified Voters of Said City, at an Election Held for That Purpose, to Adopt and Amend Their Charter, Etc." approved April 7th, 1913, and any Acts amendatory thereof.



Section 4 - VOTE ON PROPOSED CHARTER, MANNER, ETC.: This Charter shall be submitted to the qualified voters of the City of Kingsville for adoption or rejection, on the Third Tuesday in April, A.D. 1916, at which election, if a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, then it shall become the Charter of the City of Kingsville, until amended or repealed.



The present Commissioners of the Town of Kingsville shall call such election and the same shall be conducted and returns made, and results declared as provided by the laws of the State of Texas governing municipal elections and in case a majority of the votes cast at such election shall be in favor of the adoption of such Charter, then an official order shall be entered upon the records of said town by the Town Commission of Kingsville, declaring the same adopted, and the Town Secretary shall record, at length, upon the records of the Town, in a separate book to be kept in his office for such purpose, such Charter so adopted, and such secretary shall furnish to the Mayor a copy of such Charter, so adopted, authenticated by his signature and seal of the Town, which copy of the Charter shall be forwarded by the Mayor of the Town of Kingsville to the Secretary of State, and shall show the approval of such Charter by a majority vote of the qualified voters of the town of Kingsville at such election.



Section 5 - ELECTION OF MAYOR AND COMMISSIONERS: The present Town Commission of Kingsville shall call an election to be held on the Third Tuesday in April, A.D. 1916; said date being the same date upon which this Charter is to be presented to the voters of the Town of Kingsville for adoption, for the election of Three (3) Commissioners, one of whom shall be designated Mayor, and, if a majority of the voters at such election vote for the adoption of this Charter, the Commissioners and Mayor elected on said day shall be declared elected officers under the new Charter, and, should the Charter fail of adoption, they shall be declared elected offices of the Town of Kingsville, under old Charter.


Respectfully submitted,

ISI B.O. Sims, Jr. ISI C.H. Flato, Jr. ISI W.F. Kahlden ISI M.E. Miles ISI Max Dover ISI John Cypher /SI W.A. Clampitt ISI Sam Sellers Kingsville, Texas, March 7th, 1916.

ISI F.D. Yeary
ISI L.C. McRoberts
ISI H.C. Dennett
ISI C.A. McCracken
ISI W.A. Walker
ISI T.F. Johnson
ISI R.C. Mecklin
COMMITTEE

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