Special City Council Meeting

AGENDA City Council Special Meeting on Monday, December 2, 2024 1102 Lohmans Crossing Road, Lakeway, TX 78734 6:30 PM Individuals who do not plan to attend the meeting, but wish to submit comments during the public hearings and citizen participation at the meeting may submit a comment through our online form: https://lakeway-tx.civicweb.net/Portal/CitizenEngagement.aspx Comments received by the 12:00 p.m. deadline on Friday, November 29, 2024 will be provided to the City Council. Page 1 ESTABLISH QUORUM AND CALL TO ORDER. 2 PLEDGE OF ALLEGIANCE. 3 CITIZEN PARTICIPATION FOR THE CONSENT AGENDA. CONSENT AGENDA All items listed under the consent agenda may be approved by one motion. Members of the Council may pull items from the consent agenda for discussion. 4 ORDINANCE NO. 2024-12-02-01 - AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, REAPPOINTING MUNICIPAL COURT PROSECUTOR; AND PROVIDING FOR SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. Ordinance 2024-12-02-01 4-6 5 AMENDMENT NO. 2 - AMEND CITY MANAGER EMPLOYMENT AGREEMENT. City Manager Employment Agreement 7 - 16 Amendment No. 2 to City Manager's Employment Agreement THE FOLLOWING ITEM IS ADDED TO THE AGENDA FOR CONSIDERATION: Pursuant to Texas Government Code Section 551.045, the following agenda item is hereby added to the Council Meeting Agenda for December 2, 2024: Page 1 of 45  CONSENT AGENDA: A.1. RETIREMENT OF LAKEWAY POLICE DEPARTMENT PARTNER CANINE RINO AND TRANSFER OF OWNERSHIP TO OFFICER ERIC SOOTER. Staff Report 17 - 18 MOU K9 Rino END CONSENT AGENDA 6 JOINT CITY COUNCIL AND CHARTER REVIEW COMMISSION WORKSHOP REGARDING POSSIBLE CHARTER AMENDMENTS. NO ACTION WILL BE TAKEN DURING THIS WORKSHOP.  Staff report by City Manager Joseph Molis.  Citizen participation.  Council and Charter Review Committee discussion. Staff Report 19 - 45 Redlined Charter Amendments May 2025 Election Timeline 7 CITY COUNCIL DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED CHARTER AMENDMENTS.  Citizen participation.  Council discussion/action. 8 ADJOURN. Signed this 26th day of November, 2024. ________________________________ Thomas Kilgore, Mayor All items may be subject to action by City Council pursuant to Ordinance No. 2001-10-29-1, Article VI. The City Council may adjourn into Executive Session at any time during the course of this meeting to discuss any matters listed on the agenda, as authorized by the Texas Government Code including, but not limited to, Sections: 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551.087 (Economic Development), 418.183 (Deliberations about Homeland Security Issues) and as authorized by the Texas Tax Code including, but not limited to, Section 321.3022 (Sales Tax Information). Page 2 of 45 Pursuant to Texas Government Code Sec. 551.127, on a regular, non-emergency basis, members may attend and participate in the meeting remotely by video conference. Should that occur, a quorum of the members will be physically present at the location noted above on this agenda. Certification: I certify that the above notice of meeting was posted on the City of Lakeway Official Community Bulletin Board on the 26th day of November, 2024 at 5:00 pm. Council approved agendas and action minutes are available on line at http://www.lakeway-tx.gov/. The City of Lakeway Council meetings are available to all persons regardless of ability. If you require special assistance, please contact Desiree Adair, City Secretary, at 512-314-7506 at least 48 hours in advance of the meeting. _________________________________ Desiree Adair, City Secretary Page 3 of 45  CITY OF LAKEWAY, TEXAS ORDINANCE NO. 2024-12-02-01 AN ORDINANCE OF THE CITY OF LAKEWAY, TEXAS, REAPPOINTING MUNICIPAL COURT PROSECUTOR; AND PROVIDING FOR SEVERABILITY, REPEALER, AND AN EFFECTIVE DATE. WHEREAS, City Charter Section 4.05 states that the Mayor and Council shall designate and approve all attorneys who represent the City in litigation and legal proceedings; and WHEREAS, the Municipal Prosecutor is designated by the City Manager and approved by the City Council, as provided in Section 12.02.052 of the Lakeway Code of Ordinances; and WHEREAS, Amy McHugh has served as Municipal Prosecutor since May 2011; and WHEREAS, Ms. McHugh has served the City well as Prosecutor, and City Manager Joseph Molis desires to reappoint her; and WHEREAS, City Manager Joseph Molis hereby reappoints Amy McHugh as Prosecutor and seeks Council approval of the reappointment. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Lakeway, Texas: 1. The foregoing recitals are incorporated into this Ordinance by reference as findings of fact as if expressly set forth herein. 2. The City Council hereby approves Amy McHugh’s reappointment as Prosecutor for the City of Lakeway for a two-year term. 3. Ms. McHugh’s salary and benefits shall be as set out in the annual budget of the City of Lakeway. 4. The duties of office shall include but not be limited to: a. Acting as the City’s attorney in all Municipal Court proceedings. b. Preparing criminal and civil administrative cases for trial. c. Preparing pleadings and other legal documents as necessary. d. Responding to Municipal Court defendants’ motions and pleadings as necessary. e. Participating in evidentiary hearings and conducting limited discovery as needed. f. Reviewing citizen-initiated allegations of Class C misdemeanor offenses and determining if charges should be filed. g. Prosecuting Class C misdemeanors in the Lakeway Municipal Court and appeals to the County Court at Law and other appellate courts as necessary. h. Assisting Municipal Court personnel as necessary. Ordinance No. 2024-12-02-01 Page 1 of 3 Page 4 of 45  i. Advising Lakeway police officers and code enforcement officers regarding legal issues pertaining to detection, investigation, and prosecution of criminal cases. j. Providing training to police officers and code enforcement officers to help prepare them to testify more professionally and effectively in court proceedings. k. Assisting Lakeway police officers in the preparation of arrest warrants and assisting Lakeway police officers and the Code Official in preparing search warrants as needed at all times. l. Communicating with victims, explaining their rights at all stages of criminal proceedings restitution options, and receiving their input regarding the impact of the crimes against them and sentencing recommendations. m. Complying with the Texas Crime Victims Act, Chapter 56 of the Code of Criminal Procedure. n. Complying with all requirements of the State Bar of Texas to maintain an active law license. o. Performing all other duties as required by State law, Lakeway City Charter, or Lakeway ordinances. 5. Pursuant to Section 12.02.052(c), Ms. McHugh is hereby designated as a Deputy City Attorney. 6. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this Ordinance. 7. All Ordinances, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters regulated herein. 8. This Ordinance shall be effective immediately upon passage and publication as provided for by law. 9. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Texas Government Code, and Chapter 551. Notice was also provided as required by Chapter 52 of the Texas Local Government Code. Ordinance No. 2024-12-02-01 Page 2 of 3 Page 5 of 45 PASSED & APPROVED this, 2 n d day of December, 2024, by the City Council of Lakeway, Texas. CITY OF LAKEWAY: ________________________________________ Thomas Kilgore, Mayor ATTEST: ________________________________________ Desiree Adair, City Secretary Ordinance No. 2024-12-02-01 Page 3 of 3 Page 6 of 45 Page 7 of 45 Page 8 of 45 Page 9 of 45 Page 10 of 45 00' Quin; Page 11 of 45 Page 12 of 45 Page 13 of 45 Page 14 of 45 Page 15 of 45 AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT FOR JOSEPH MOLIS, THE CITY MANAGER OF THE CITY OF LAKEWAY This Amendment No. 2 to the Employment Agreement for Jospeh Molis, the City Manager of the City of Lakeway (“Amendment”), is to be effective as of October 1, 2024, the terms having been discussed by the City Council at its October 21 meeting and adopted by the Council in open session on October 21. This Amendment serves to amend the following specific provisions of that certain Employment Agreement for the Position City Manager of the City of Lakeway by and between Joseph Molis (“City Manager”) and the City of Lakeway (“City”) as follows: ARTICLE I Subsection A of Section 3.05 – Compensation of the Agreement is hereby amended by deleting and replacing it with the following: A. “Salary. In consideration of Employee's service, the City agrees to pay Employee annual compensation in the amount of two hundred fifty-two thousand dollars ($252,000.00), paid in equal installments at the same intervals as all other City employees, per City payroll schedule.” ARTICLE II All other provisions of the Employment Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment No. 2 to the Employment Agreement for Joseph Molis, the City Manager of the City of Lakeway. CITY OF LAKEWAY By: ____________________________ Thomas Kilgore Mayor By: _________________________ Joseph Molis City Manager Date: ________________ 1 Page 16 of 45  Glen Koen Chief of Police ___________________________________________________________________________ Staff Report Meeting date: December 2, 2024 Agenda item: Retirement of Lakeway Police Department Partner Canine Rino and Transfer of Ownership to Officer Eric Sooter. Background: Since 2013, the Lakeway Police Department (LPD) has maintained a K9 Team. The current team is Cpl. Eric Sooter and K9 Rino. Last week, Cpl. Sooter submitted his resignation from the Department, and it will take effect the morning of December 5th. Cpl. Sooter has requested permission to adopt his partner, K9 Rino. I am agreeable to allowing the adoption. Rino was born in December 2016 (8 years old), and has served with the Lakeway police Department since July 2018 (6+ years). On average, police dogs have a service life of 6-9 years. Rino has had multiple handlers already, and while it is conceivable that he will be able to work with a new handler, LPD is not ready to train a new handler. Therefore, it is unlikely that Rino would have much, if any, productive time with a new handler before he is physically or medically unable to continue working. Therefore, I have decided that it is in the best interest of K9 Rino, and the Department, for Rino to retire. It is a customary practice in law enforcement for handlers to adopt their K9 partners when they retire, and LPD allowed the previous handler to adopt his partner upon the dog’s retirement. Government Code 614, Subchapter L speaks to the retirement of law enforcement animals, and the language in the included MOU mirrors language from the statute. With Council’s approval, K9 Rino will be adopted by Cpl. Sooter, at no cost. Cpl. Sooter will then be responsible for the care of Rino, at his own expense, until K9 Rino passes, or Cpl. Sooter is no longer able to humanely care for Rino. Fiscal Impact: Allowing Cpl. Sooter to adopt K9 Rino will result in a temporary decrease in expenses, as the Department will no longer be required to pay for Rino’s food and health expenses, nor compensate Cpl. Sooter for time spend on animal care and maintenance. LPD may also be able to get a refund on the remainder of the animal insurance policy. Enclosure(s): MOU between the City of Lakeway and Officer Eric Sooter Page 17 of 45  MEMORANDUM OF UNDERSTANDING BETWEEN the CITY OF LAKEWAY POLICE & OFFICER ERIC SOOTER REGARDING THE RETIREMENT AND ADOPTION OF LAKEWAY POLICE CANINE RINO PARTIES Effective, December 5, 2024, this Memorandum of Understanding (“MOU” or “Contract”) is entered into by and between The City of Lakeway and Eric Sooter, the former dog handler (“Handler”) of Rino (the “Canine”) pursuant to Texas Government Code 614, Subchapter L. Both parties agree to abide by the provisions of this MOU. PURPOSE The purpose of this MOU is to ensure that the retired Canine lives out the rest of his life in a safe and healthy environment, while humanely cared for and properly supervised by the Handler, after he has served his duties with the Lakeway Police Department and has been retired by the Chief of Police. BACKGROUND Pursuant to Government Code 614, Subchapter L, the Lakeway Police Department may transfer, for free, its retired law enforcement animals to a former handler of the animal. In this case, the Chief has determined that Canine is suitable for retirement because he has reached the end of his suitable working life. Canine was born in December 2016 (8 years old) and has served with the Lakeway police Department since July 2018 (6+ years). Canine has already had three handlers and given that the average service life of a police K9 is 6-9 years, it is unlikely that Canine will be fully capable of an extended tour of duty with a fourth handler, which would need to be selected and trained. Furthermore, the Handler has requested to adopt the Canine, and the Chief has consulted with the animal's veterinarian, handlers, and other caretakers, and has determined that the selected Handler is capable of humanely caring for the Canine and will properly supervise the Canine. Both parties to this Contract believe that this adoption will serve the best interest of the Canine and the City of Lakeway. TERM This Contract is effective upon execution and the adoption will continue for the Canine’s life unless for any reason the Handler is no longer able to continue humanely caring for the Canine, in which case the Handler must notify the City of Lakeway, and the Canine will return to Lakeway Police Department. DUTIES AND RESPONSIBILITIES Lakeway will: Transfer the Canine to the Handler without charge; and Re-take the Canine if the Handler is no longer able to ensure proper care. Handler will: Humanely care for the animal, by personally providing food, shelter, and regular and appropriate veterinary care, including medication, and will properly provide for the animal's health at the handler’s expense; Comply with all state and local laws applicable to keeping domestic animals; and Notify the City of Lakeway if the Handler becomes unable to continue to care for the animal. IMMUNITY Nothing in this MOU waives the City of Lakeway’s sovereign or governmental immunity to suit or from liability for transferring this Canine. Furthermore, pursuant to Texas Government Code, Section 614.215, the City of Lakeway: (1) is not liable in a civil action for any damages arising from the transfer, including damages arising from the animal's law enforcement training; and (2) is not liable for veterinary expenses of the transferred animal, including expenses associated with care for a condition of the animal that existed before or at the time of transfer, regardless of whether the applicable law enforcement agency, state agency, or political subdivision was aware of the condition. _______________________________ ______________________________ Glen Koen, Chief of Police Officer Eric Sooter Date signed: ________________ Date signed: ___________________ Page 18 of 45  Joseph Molis City Manager ___________________________________________________________________________ Staff Report Meeting date: December 2, 2024 Agenda item: Joint City Council and Charter Review Committee Workshop regarding possible Charter Amendments. No action will be taken during this workshop. Background: In accordance with the City of Lakeway Charter, the City Council appointed a Charter Review Committee on March 18, 2024. The Committee reviewed suggested amendments from the Council, Committee members, and City staff, and initially presented them to the Lakeway City Council on October 21, 2024. The goal for this meeting is for the Committee to work with the City Council to provide clarity on their recommendations and assist in prioritizing the proposed amendments. Summary of Proposed Changes: 1. Removal of City Treasurer Role: Amendments to remove the Treasurer position and redistribute its responsibilities to the Finance Director. 2. Elimination of City Building Commission (CBC): Repealing provisions for a Building Commission whose remaining functions can be moved to the Zoning and Planning Commission (ZAPCO) and Board of Adjustment (BOA) with ordinance amendments. 3. City Attorney Management: Updating governance to ensure the City Attorney is managed by the City Council. 4. Municipal Judge Appointment: Shifting the appointment of the Municipal Judge to the City Manager with Council approval. 5. Contingent Appropriations: Changing the budget contingency fund requirement to a minimum percentage of revenues. 6. Property Tax Payments: Transitioning property tax collection to the County Tax Assessor. 7. Board of Ethics Removal: Eliminating the Board of Ethics, with responsibilities managed via ordinances. 8. City Secretary Title Update: Renaming the City Secretary to City Clerk, with corresponding updates throughout the Charter. Page 1 of 2 Page 19 of 45  9. Court Clerk Title Update: Changing the title of Court Clerk to Court Administrator. 10. ZAPCO Jurisdiction Revision: Removing references to the Zoning and Planning Commission regulating development in the ETJ. 11. Council Term Limits Clarification: Adding language to clarify term limits and election cycle requirements. 12. Public Records Access: Modernizing references to public record availability per the Texas Public Information Act. 13. Board Appointments: Updating the appointment process and terms for board, commission, and committee members. 14. City Manager and Staff Relations: Clearly defining boundaries between the City Council and the City Manager’s supervisory roles. 15. Interim City Manager Roles: Establishing clear provisions for temporary or interim City Manager appointments. 16. Police Department Governance: Allowing the City Manager to approve police policies and procedures. 17. Residency Requirement Removal: Removing the residency requirement for the City Manager. Fiscal Impact: Unknown. Attachment: Redlined Charter Amendments and May 2025 Election Timeline Page 2 of 2 Page 20 of 45  1. Remove City Treasurer Section 4.06 Treasurer and Tax Collector The Mayor, subject to the approval of the Council, shall appoint a Treasurer and such Assistant Treasurers as the Council may deem advisable. The Treasurer may also serve as Tax Collector. (a) Bond shall be required as set forth in Section 11.02 of this Charter. (b) The Treasurer shall receive and securely keep all money belonging to the City. The Treasurer shall make all payments on the order of the City Manager, attested by the Finance Director under the seal of the City. The Treasurer shall oversee all financial transactions conducted by the Finance Director and City Manager. (c) The Treasurer shall provide a report of the City’s financial condition at each regular Council meeting. (d) The Treasurer shall perform other acts and duties as the City Manager and/or Council requires. Section 4.01 City Manager (d) Powers and Duties: (5) With the City Treasurer, p Prepare and submit to the City Council at the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. (6) With the Finance Director and City Treasurer submit to the City Council a monthly budget summary and keep the City Council advised of the financial condition and future needs of the City and make recommendations as may seem advisable. Section 8.02 Preparation and Submission of Annual Budget City department heads and officers shall submit budget requests for the next fiscal year to the City Manager for review and consolidation. The City Manager shall review the proposed budget with the City Treasurer prior to its submission to the Council. The City Manager shall submit to the Council a proposed annual budget, which shall provide a complete financial plan for the fiscal year and shall conform to the requirements of state law. The proposed budget shall be filed with the City Secretary. 1 Page 21 of 45 Section 8.11 Payment and Obligation No obligation shall be incurred unless the City Manager certifies that there are sufficient unencumbered funds in the appropriations. No payment shall be made unless the Treasurer Finance Director certifies that funds have been properly obligated and that there is sufficient cash available to cover the payment. Section 8.15 Depository Annually the Finance Director and Treasurer will review the City’s compliance with its investment policy pursuant to provisions of State law. 2 Page 22 of 45  2. Remove CBC Section 7.06 Building Commission There shall be established a Building Commission to perform such functions and duties as required by City ordinances and as may be directed by the Council. 3 Page 23 of 45  3. City Attorney Managed By City Council 4.05 Section 4.05 City Attorney The Mayor shall appoint, subject to the approval of the Council, a duly licensed attorney practicing law in the State of Texas, who shall be the City Attorney. The City Attorney shall be the legal advisor for the City and all officers and departments thereof in matters relating to the conduct of City business and shall be managed by the City Council. The City Attorney, or such other attorneys as designated and approved by the Mayor and Council, may represent the City in litigation and legal proceedings. 4 Page 24 of 45  4. Judge Appointed by City Manager with Council Approval Section 4.04 Municipal Court (b) The Municipal Judge shall be appointed by the Mayor City Manager, subject to the approval of the Council, and shall be an attorney licensed to practice law in the State of Texas. The City Manager shall be responsible for supervising and evaluating the Municipal Judge and in conjunction with the Municipal Judge shall also supervise and evaluate any Associate Judges appointed by Council. 5 Page 25 of 45  5. Contingent Appropriations to be Changed to Minimum Percentage and Council to Adopt Ordinance Subject to Charter Section 8.14 Contingent Appropriations The Council by ordinance shall require that provision shall be made in the annual budget and in the appropriations ordinance for a contingency fund or appropriation in the an amount not less than to exceed three percent (3%) of the general fund expenditure revenue budget, to be used for unforeseen items of expenditures due to emergencies. Such fund shall be under the control of the City Manager, and any expenditures therefrom can be made only as provided for in State law upon the approval of the Council and only in cases of established emergencies. A detailed account of each expenditure shall be recorded and reported to the City Council at the next regular meeting following the emergency expenditure. A formal budget amendment accounting for the emergency expenditure shall be made before the end of the fiscal year. 6 Page 26 of 45  6. Property Taxes to be paid to County, not City Section 9.03 Payment of Taxes All taxes due the City shall be paid payable to the County Tax Assessor Collector, or as provided by State law, at the Office of the City Tax Collector or elsewhere as directed by the Council, and may be paid at any time after the tax rolls for the year have been completed and approved. 7 Page 27 of 45  7. Removal of Board of Ethics Section 7.05 Board of Ethics There is a Board of Ethics that has jurisdiction over all matters pertaining to the amendment, interpretation and enforcement of the City’s Code of Ethics. The Board shall consist of seven residents of the City; one member appointed by the Mayor and one member by each Councilmember. Section 11.05 Conflicts of Interest and Standards of Conduct No City official, either elected, appointed or employed, shall have any personal financial interest, direct or indirect, in any city contract or transaction. City officials must avoid even the appearance of impropriety in any situation, and accordingly must disclose any relationship with transactions that could reflect negatively on the ability of the City to conduct its business in a fair and impartial manner. The Council and Board of Ethics shall by ordinance establish a Code of Ethics. All City officials, employees and members of City Boards, Commissions or Committees shall comply with the City’s Code of Ethics. 8 Page 28 of 45  8. Change Title of City Secretary to City Clerk Section 4.02 City Clerk The City Manager, subject to the approval of the Council, shall appoint the City Clerk and such assistant City Clerks as the Council shall deem advisable. (a) The Clerk of the City shall attend each meeting of the Council of the City and shall keep, in a record provided for that purpose, accurate minutes of the proceedings. (b) The Clerk shall: (1) Keep an accurate register of all laws, resolutions, and ordinances of the Council; (2) Keep the corporate seal; (3) Take charge of, preserve, and keep in order the books, papers, documents, files and other records of the Council; (4) Countersign all commissions issued to municipal officers and all licenses issued by the Mayor, and keep a record of those commissions and licenses; (5) Prepare notices required under any regulation or ordinance of the City. (c) The Clerk shall notify the Texas Judicial Council of the name of each person who is elected or appointed as Mayor, municipal court judge, or clerk of a municipal court of the City. The Clerk shall notify the judicial council within thirty days after the date of the person’s election or appointment. (d) The Clerk shall keep all contracts made by the Council. (e) The Clerk shall perform all other duties required by law, ordinance, resolution, or order of the City Manager or Council. Section 3.13 Rules of Procedure The Council shall establish by ordinances its procedures for conducting City Council meetings, however, such ordinances shall provide the City’s citizens, or their representatives, an opportunity to comment on any matter on the agenda of any regular or special meeting of the Council prior to the Council voting on the matter. The City Clerk will 9 Page 29 of 45 maintain all minutes of all proceedings of the Council and make these available to citizens of the City. Section 3.16 Procedure to Enact Legislation The vote upon the passage of all ordinances and resolutions shall be recorded in a book kept for that purpose by the City Clerk. Every ordinance enacted shall be authenticated by the signature of the Mayor, or in the Mayor’s absence by the Mayor Pro Tem, and the City Clerk, and shall be systematically recorded and indexed in an ordinance book in a manner approved by the Council. It shall only be necessary to record the caption or title of ordinances in the minutes of the Council meetings. Section 3.17 Publication of Ordinances Except as otherwise provided by the laws of the State of Texas or this Charter, the City Clerk shall give notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for any violation of its provisions, and of every ordinance relating to the budget, franchises, taxes or public utilities or the setting of the amounts or rates thereof, by causing the ordinance in full or its caption, including the penalty, to be published at least one time on the City website and in a newspaper of general circulation. The provisions of this section shall not apply to the correction, amendment, revision or codification of the ordinances of the City in book or pamphlet form. Section 5.01 City Elections (a) Schedule The regular City Election shall be held annually on the uniform election date provided by state law occurring in or nearest the month of May. The Council shall fix the places for holding such election, and the City Clerk shall give notice of the election in the manner required by the laws of the State of Texas. (b) Special Elections The Council may, by ordinance call special elections as required or authorized by the laws of the State of Texas or the provisions of this Charter. The Council shall fix the time and places for such special elections, shall direct the City Clerk to give notice thereof and shall provide all means for holding same. 10 Page 30 of 45  (c) Voter Eligibility List A certified list of registered voters residing within the City, as prepared by the County Tax Assessor-Collector, shall be currently maintained by the City Clerk. Section 5.02 Official Ballots b) In elections to fill one or more vacant places on the Council, the order on the ballot of the names of the candidates shall be in accordance with the general election laws of the State of Texas and shall be determined by lot in a drawing to be held under the supervision of the City Clerk. Section 6.02 Power of Referendum The people of the City reserve the power to approve or reject at the polls any Council legislation which is subject to the initiative process under this Charter, except that ordinances authorizing the issuance of either tax or revenue bonds, whether original or refunding bonds, shall not be subject to referendum. The people may by petition require voter approval of an ad valorem tax increase as provided by the laws of the State of Texas. The people may request that an existing ordinance be repealed by filing a petition with the City Clerk, which petition shall be signed by at least ten percent of the qualified voters of the City and shall otherwise satisfy the requirements set forth in this Charter. When such a petition has been certified as sufficient by the City Clerk, all action authorized by the specified ordinance shall be suspended until said ordinance has been approved by the voters as herein provided. Section 6.03 Form of Petitions Initiative petition papers shall contain the full text of the proposed ordinance, including a descriptive caption. Referendum petition papers shall contain a sufficient description of the referred ordinance to identify it, or if the ordinance has been passed by the Council, the full text of said ordinance. The signatures to the initiative or referendum petitions need not all be appended to one paper, but each set of petition papers must set forth the initiated or referred ordinance as detailed above, and to each separate set of petition papers there shall be attached the affidavit of the circulator thereof as provided for in this Section. Each signer’s name shall be printed and signed in ink and shall be accompanied by such information as may be required by the election laws of the State of Texas. The City Clerk shall, upon request, provide a petition form identifying the information to be included with respect to each petition signer and the manner in which it is to 11 Page 31 of 45 be set out. A petition which includes all the information identified in the form provided by the City Clerk shall not be rejected or deemed insufficient as to form with respect to the signatures. No signature shall be counted if it is a duplication of either a name or the handwriting used in any other signature on the petition, or if the signer is not a qualified voter of the City, or if the signature fails to comply with the requirements of the Texas Election Code for the validity of petition signatures, or if the City Clerk is in possession of a document that credibly and reasonably establishes that the signature is not that of the person purported to have signed the petition. Before the signatures on any petition paper may be counted, the circulator of that petition paper, or set of petition papers, shall make an affidavit before the City Clerk or other office authorized to administer oaths, that the statements made in the affidavit are true, that each signature to the page or pages appended thereto is the genuine signature of the person whose name it purports to be, and that such signatures were made in the affiant’s presence. The City Clerk shall, upon request, provide a form specifying the language of the affidavit. A petition paper, or set of petition papers, which has attached to it an affidavit in the form prescribed by the City shall not be rejected as to form. Section 6.04 Filing, Examination and Certificate of Petitions All petition papers comprising an initiative or referendum petition shall be assembled and filed with the City Clerk as one instrument. One person shall be designated as the one who has filed the petition, and that person’s name, address and phone number shall be recorded by the City Clerk at the time of filing. Within thirty days after a petition is filed, the City Clerk shall determine whether each paper or set of papers of the petition have been properly verified and whether the petition has been properly signed by the requisite number of qualified voters. The City Clerk shall declare void any petition paper or set of papers which does not have an affidavit attached thereto as required in Section 6.03 of this Article. In examining the petition, the City Clerk shall indicate the names of any signers found not qualified or for whom insufficient information was provided. The City Clerk shall certify the results of the petition examination to the Council at its next regular meeting. If the certificate of the City Clerk shows an initiative or referendum petition to be insufficient, the City Clerk shall notify the person filing the petition, and it may be amended within fifteen days from the date of such notice by the filing of a supplemental petition upon additional papers signed and filed as prescribed for an original petition. Within fifteen days after the amendment is filed, the City Clerk shall examine the amended petition and certify as to its sufficiency. If the amended petition is then found to be 12 Page 32 of 45 insufficient, no further proceedings shall be required. The finding of the insufficiency shall not, however, prejudice the filing of a new petition for the same purpose. Section 6.05 Council Consideration and Submission to Voters of Initiated Ordinances When the Council receives an authorized initiative petition certified by the City Clerk to be sufficient, the Council shall: Section 6.09 Power of Recall The people of the City reserve the power to recall any elected City official, whether elected to office by popular vote or appointed by the Council to fill a vacancy, by filing a petition with the City Clerk demanding the removal from office of said official. A separate petition shall be required for each official whose recall is sought, and each such petition shall state the name of the official and a clear and concise statement of the grounds for removal. The petition shall be signed by at least ten percent of the qualified voters of the City, and shall otherwise meet the signature and verification requirements set forth in Section 6.03 for Initiative and Referendum petitions. Section 6.10 Recall Election The provisions of Section 6.04 regulating the filing, examination, and amendment of initiative and referendum petitions shall apply to recall petitions, except that within thirty days after a recall petition is filed, the City Clerk shall determine whether the petition papers have been properly verified and signed by the requisite number of qualified voters. The City Clerk shall certify the results of the petition examination to the Council at its next regular meeting, and shall, immediately after such certification notify, in writing, the officer sought to be removed. If such officer does not resign within five (5) days after receipt of the notice, the Council shall hold a special recall election as soon thereafter as permitted by the laws of the State of Texas. Section 6.13 Failure of City Council to Call an Election Should the Council fail or refuse to order any of the elections as provided for in this Article, when all the requirements for such elections have been complied with by the petitioning electors, then the Mayor or the petitioners may request the District Judge of Travis County, Texas to discharge any such duties herein provided to be discharged by the person performing the duties of City Clerk or by the Council. 13 Page 33 of 45 Section 8.02 Preparation and Submission of Annual Budget City department heads and officers shall submit budget requests for the next fiscal year to the City Manager for review and consolidation. The City Manager shall review the proposed budget with the City Treasurer prior to its submission to the Council. The City Manager shall submit to the Council a proposed annual budget, which shall provide a complete financial plan for the fiscal year and shall conform to the requirements of state law. The proposed budget shall be filed with the City Clerk. 14 Page 34 of 45  9. Change Court Clerk Title to Court Administrator Section 4.04 Municipal Court (c) A Court Clerk Administrator and such deputies as deemed necessary shall be appointed by the City Manager, subject to the approval of the Council. The Court Clerk Administrator and deputies shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto, and perform any and all acts authorized by the laws of the State of Texas to be performed by the Clerks of Courts. The Clerk Administrator and deputies shall be required to execute a surety bond in accordance with the provisions of this Charter. Section 4.02 City Secretary (c) The Secretary shall notify the Texas Judicial Council of the name of each person who is elected or appointed as Mayor, municipal court judge, or clerk administrator of a municipal court of the City. The Secretary shall notify the judicial council within thirty days after the date of the person’s election or appointment. 15 Page 35 of 45  10. Remove Reference to ZAPCO regulating physical development in the ETJ Section 7.03 Zoning and Planning Commission There shall be established a Zoning and Planning Commission, in accordance with and pursuant to the laws of the State of Texas, to perform such duties and functions as are required or authorized by said laws and by this Charter and the ordinances adopted pursuant thereto; and, as may be directed by the Council. Among its responsibilities shall be the requirement to: (a) Act as advisory body to the Council; (b) Study proposed subdivision plats and plans to insure conformance with subdivision and development ordinances; (c) Recommend to the Council changes in the current comprehensive plan for the City and its Extraterritorial Jurisdiction; (d) Recommend to the Council any changes deemed necessary in ordinances regulating the zoning and physical development of the City and/or in the Extraterritorial Jurisdiction of the City; and (e) Perform any other functions as specified by state statutes. 16 Page 36 of 45  11. Modify Council Term Limits by adding new language to Section 3.01(c ) Section 3.01 Number, Selection and Term (c) No person shall serve as Mayor for more than six (6) successive years and no person shall serve as Councilmember for more than six (6) successive years. A person who has completed six (6) successive years as Mayor must wait one election cycle before seeking office as a Council member or Mayor. 17 Page 37 of 45  12. Revise Reference to Public Records Available for Review at City Hall Section 11.03 Public Records All public records of the City shall be made available to members of the public as provided for by the Texas Public Information Act, open to inspection and copying by the public in accordance with such reasonable rules and regulations as may be prescribed by the Council; provided, however, that records closed to the public by the laws of the State of Texas shall not be considered public records for purposes of this section. The Council may, by ordinance, provide for the accurate and permanent copying or reproduction of public records in accordance with the laws of the State of Texas. 18 Page 38 of 45  13. Change Process of Appointing Members to Boards, Commissions and Committees 7.01 Boards and Commissions The Council shall have authority to establish, by ordinance, such boards and commissions as may be required by the laws of the State of Texas and as it may deem necessary for the conduct of City business and management of municipal affairs. The composition, authority, functions and responsibilities of each such board and commission and the qualifications and procedures for the appointment and removal of their members shall be set forth in the establishing ordinance. All existing boards and commissions heretofore established shall be continued in accordance with the ordinance or resolution pursuant to which each has been created until the Council shall by ordinance repeal or amend the ordinance or resolution pursuant to which each exists. Appointments to boards and commissions will be made by the Mayor subject to the approval of the Council unless otherwise provided by this Charter or by ordinance. The term of each appointee shall be for the duration of the Mayor’s term of office and shall continue until a successor is appointed unless the appointee is removed for any reason from the board or commission by the recommendation of the Mayor confirmed by majority vote of the City Council to remove the appointee. Each member of the City Council shall appoint one member to each Board or Commission, subject to the approval of the Council. The Mayor’s appointee shall serve as chair of the Board or Commission. Each Board or Commission shall elect from its members a vice chair, to serve in place of the chair when the chair is unavailable. Members of Boards or Commissions shall serve a one-year term of office that ends on June 30 each year, unless removed from office sooner, or until their successors are appointed and qualified. The City Council shall establish by ordinance the reasons for removal and the process for removing members of Boards and Commissions. The Mayor and Mayor Pro Tem shall each appoint, subject to the approval of the Council, alternate members to those Boards or Commissions that by ordinance have alternate members. Section 7.02 Qualifications and Term of Office In addition to any qualifications prescribed by law, each appointee to City boards and commissions shall: (a) Be a registered voter of the City; 19 Page 39 of 45 (b) Be a resident of the City and shall have resided for at least twelve consecutive months preceding his appointment within the incorporated limits of the City prior to his appointment. 7.07 Committees The Council shall have authority to establish, by ordinance or resolution, such committees as it may deem necessary for the conduct of City business and management of municipal affairs. The composition, authority, functions and responsibilities of each committee and the qualifications and procedures for the appointment and removal of their members shall be set forth in the establishing ordinance or resolution. All existing committees heretofore established shall be continued in accordance with the ordinance or resolution pursuant to which each has been created until the Council, as modified from time to time by amendments to the ordinance or resolution that created the committee. Appointments to committees will be made by the Mayor subject to the approval of the City Council unless otherwise provided by this Charter or by ordinance. The term of each appointee shall be for the duration of the Mayor’s term of office and shall continue until a successor is appointed, unless the appointee is removed for any reason from the committee by the recommendation of the Mayor confirmed by a majority vote of the City Council to remove the appointee. Each member of the City Council shall appoint one member to each Committee, subject to the approval of the Council. The Mayor’s appointee shall serve as chair of the Committee. Each Committee shall elect from its members a vice chair, to serve in place of the chair when the chair is unavailable. Members of Committees shall serve a one-year term of office that ends on June 30 each year, unless removed from office sooner, or until their successors are appointed and qualified. The City Council shall establish by ordinance the reasons for removal and the process for removing members of Committees. 20 Page 40 of 45  14. Better define the relationship between the City Council and City Manager and Staff Add New Section 3.21 Prohibitions The Council shall have powers only as a body legally meeting with a quorum present, and no member shall have power to act individually, except where that power may be conferred upon the member in this Charter or by the Council. No member of the Council shall give orders directly to the City Manager, or to any other City employee. Add New Subsection to § 4.01. City Manager. (e) Direction and Supervision of Employees, Non-Interference by Council: Except for the purpose of investigations as provided by this Charter or as otherwise authorized by law, the Mayor and individual members of Council shall not engage about City business with City officers and employees who are subject to the direction and supervision of the City Manager except through the City Manager or when participating in a meeting of the Council, a board, commission, or committee or subcommittee. No Member of the Council, including the Mayor, shall give directives or orders to any subordinate of the City Manager, either publicly or privately. It shall be permissible for a subordinate of the City Manager to answer questions and communicate information to a member of the Council provided that such questions and information are also made known to the City Manager. Neither the Council, the Mayor, nor any of its Members shall direct the appointment of any person to office by the City Manager or by any of his/her subordinates. 21 Page 41 of 45  15. Define Positions of Temporary or Interim City Manager Add New Subsection to 4.01 City Manager (f) Temporary or Interim City Manager: The Assistant City Manager shall fulfill the duties of City Manager during any temporary absence of the City Manager. In instances in which the Assistant City Manager is unavailable, the City Manager shall appoint a City officer or employee who shall fulfill the duties of City Manager during any temporary absence of the City Manager. In the event that the City Manager fails to appoint a temporary or interim City Manager, or becomes unable to perform the duties of the office for more than sixty (60) days, or the office becomes vacant for any reason, the City Council shall appoint an acting or interim City Manager who shall fulfill duties of the office until the office is filled, but who shall not be entitled by virtue of such appointment to the compensation or employment contract rights of the City Manager. 22 Page 42 of 45  16. Change Approval for Police Policies and Procedures from Council to City Manager Section 4.07 Police Department A Police Department headed by the Chief of Police shall be established to maintain order within the City and to protect citizens from violence or threats of violence and their property from damage or loss. The Chief of Police shall be appointed by the City Manager, subject to the approval of the Council. The Chief of Police must be of good reputation and must, as required under state law, maintain sufficient certification and continuing education training to be authorized to serve as Chief. The Chief of Police shall enforce the laws of the State and the ordinances of the City and perform other such duties as may be required of him. The Chief of Police shall establish and maintain written rules, approved by the Council City Manager, relating to police policies and procedures. The City Manager and Police Chief shall report any changes in policies and procedures at least annually to the City Council. 23 Page 43 of 45  17. Remove City Manager Residency Requirement Section 4.01 City Manager (a) Appointment and Qualifications: The City Council, by a majority vote of all the members of the City Council, shall appoint a City Manager. The method of selection shall be left to the discretion of the City Council as long as the other provisions of this Charter with respect to city employment are satisfied. The City Manager, when chosen, need not be a resident of the City, but is expected to reside within the City within a reasonable period of time after accepting appointment. 24 Page 44 of 45  May 3, 2025 Election Monday January 20 - January 21 Regular City Council meeting OR Period to order election Friday February 14, 2025 February 4 Special City Council meeting January 21 Regular City Council meeting OR Ballot language must be finalized when Ballot Language February 4 Special City Council meeting the election is ordered. Election Day Saturday May 3, 2025 Vote! Page 45 of 45