Charter

The inhabitants of the City of Bellaire, Texas, within the corporate limits as now established or as hereafter established in the manner provided by this Charter, shall continue to be a municipal body politic and corporate in perpetuity, under the name of the "City of Bellaire, Texas."

The boundaries of the City are those that have been legally established, a full description of which is available in the office of the City Clerk. These boundaries may be changed through annexation, as described in this Article.

The municipal government provided by this Charter shall be known as the "council-manager government." Pursuant to its provisions, and subject only to the limitations imposed by the State Constitution and by this Charter, all powers of the City shall be vested in an elective council, hereinafter referred to as "the Council," which shall enact local legislation, adopt budgets, determine policies, and appoint the City Manager, who shall execute the laws and administer the government of the City.

The City shall have all the powers granted to municipal corporations and to cities by the Constitution and laws of the State of Texas, together with all the implied powers necessary to carry into execution all the powers granted. The City may acquire property within or without its corporate limits for any City purpose in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, and may sell, lease mortgage, hold, manage and control such property as its interests may require; may furnish municipal services, both within and without its corporate limits; and, except as prohibited by the Constitution of this State or restricted by this Charter, the City shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. The City may use a corporate seal; may sue and be sued; may contract and be contracted with; may implead and be impleaded in all courts and places and in all matters whatever; may cooperate with the government of the State of Texas or any agency thereof, the Federal Government, or any agency thereof, or any political subdivision of the State of Texas, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety, security and convenience of the City or its inhabitants; and may pass such ordinances as may be expedient for maintaining and promoting the peace, welfare and government of the City, and for the performance of the functions thereof.

The enumeration of particular powers by this Charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City of Bellaire shall have, and may exercise, all powers of local self-government, as well as all powers enumerated for Home Rule municipalities in the Texas Local Government Code, and amendments thereto and hereafter enacted; and any other powers which, under the Constitution and laws of the State of Texas, or the United States, it would be competent for this Charter specifically to enumerate.

Before the City of Bellaire shall be liable for damages from any cause, the claimant, or someone in the claimant's behalf, shall give the City notice in writing within six (6) months after the occurring of the alleged injury or damage, stating specifically in such notice when, where and how the injury or damage was sustained, and setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses upon whose testimony such person is relying to establish the injury or damage. No action at law for damages shall be brought against the City for personal injury or damage to property prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the City Manager or City Clerk.

The City of Bellaire shall not be liable for personal injury or property loss or damage from any cause, including the negligence of City officials or City employees, in the performance of governmental functions, except as set forth in the Texas Civil Practices and Remedies Code, Title 5, Governmental Liability, Chapter 101 tort claims.

(a) General Provisions. The City shall have the right, power and authority to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter, or by the Constitution or laws of the State of Texas, except as provided in subsection (b) and (c). The City may also exercise the power of eminent domain in any other manner authorized or permitted by the Constitution and laws of this State, or in the manner and form that may be provided by ordinance of the governing body of the City, except as provided in subsection (b) and (c). The power of eminent domain hereby conferred shall include the right of the City to take the fee in the lands so condemned; and such power and authority shall include the right to condemn public property for such purposes.

(b) Limitations to Eminent Domain. The City's power of eminent domain shall be limited to the taking of private property exclusively for the ownership and the use by the City, Eminent Domain shall be prohibited in those cases.

(1) in which the taking is motivated by economic development which involves the intent to resell any interest in the property acquired; and

(2) which involves a joint venture or a collaborative arrangement with a private entity.

(c) Exceptions to Limitations. The limitations in subsection (b) of this section are not intended to apply to:

(1) a non-adverse (or a willing and friendly) condemnation or a condemnation when the majority of partial interest owners consider the condemnation to be non-adverse; and

(2) a condemnation necessary to cure the cloud on title to real estate or any other condition where a condemnation is deemed necessary in lieu of the transfer of title from a willing seller.

(a) Generally. The City of Bellaire shall have exclusive dominion, control and jurisdiction in, upon, and over and under the public streets, avenues, alleys and highways of the City, and may provide for the improvement thereof by paving, re-paving, raising, draining, or otherwise and shall also include, but not limited to, the right to supervise, regulate and otherwise control, locate, relocate, remove, or prohibit the location of, all utility pipes, lines, wires, or other property. In addition, the City shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate and/or restrict the use thereof; and require the removal from the streets, sidewalks, alleys and other public property or places of all obstructions, trespasses and/or encroachments of every nature or character.

(b) Limitation on the Construction of Sidewalks. The City of Bellaire must, prior to consideration of any ordinance by the City Council for the construction of any sidewalk on any block zoned by the City for residential use, deliver by certified mail to each of the owners of real property located on such block, detailed written information consisting of the exact location of such sidewalk in relationship to all trees, landscaping, fencing, sprinkler systems, and drainage lines, and a hydrological study performed by an independent engineer not otherwise affiliated with the City or the project, such written information to be provided to each such owner on or before the date that is six (6) months prior to the City Council's consideration of the ordinance for construction of such sidewalk.

(Ord. No. 20-047, 11-16-2020)

The City Council shall have power by ordinance to fix the boundary limits of the City of Bellaire, and to provide for the extension of said boundary limits and the annexation of additional territory lying adjacent to said City, with or without the consent of the territory and/or inhabitants annexed. Upon the passage of such an ordinance by the city council one time, it shall be published in the official newspaper of the City of Bellaire one time. After at least thirty (30) days have elapsed from the date of such publication, said ordinance in original or amended form as said city council in its judgment may determine, shall be acted upon again, and if passed the territory so annexed shall thereupon become a part of the City of Bellaire, and any inhabitants thereof shall be entitled to all rights and privileges of other citizens of said City, and shall be bound by the acts, ordinances, resolutions and regulations of said City.

Any amendment to an ordinance annexing additional territory shall be advertised at least ten (10) days before final passage of the annexing ordinance, but any amendment eliminating from any such annexing ordinance property proposed to be annexed in the original ordinance or any amendment thereto need not be advertised.

Any area of the City may be disannexed pursuant to any procedure allowed under state law and whenever, in the opinion of the City Council, there exists within the corporate limits of the City a territory not suitable or necessary for City purposes, the City Council may discontinue said territory as part of the City by ordinance after conducting a public hearing on the matter.

The City shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system; to provide for and fix penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the City for sewage service, and to provide rules and regulations for the collection thereof.

The City Council shall have the right by ordinance to adopt and prescribe rules and regulations for the handling and disposition of all recycling, garbage, trash and rubbish within the City of Bellaire, and shall further have the right to fix charges and compensation to be charged by the City for the removal of recycling, garbage, trash and rubbish, and to provide rules and regulations for the collection of such charges and compensation.

The City shall provide for the indemnification of all elected and appointed officers and employees of the City, as well as volunteers appointed to serve the City in various capacities, against all claims, demands, causes of action and judgments that may be brought about as a result of their performance of their duties for and on behalf of the City, save and except any such claims, demands or judgments incurred by reason of willful, intentional or illegal acts. The City shall provide for the payment of the costs incurred in the defense of any such covered claims by the said officers, employees and volunteers; provided, however, that refusal to accept defense counsel as provided by the City may, at the discretion of the City, constitute a waiver of any such individual's right to indemnification.

(a) Compliance with Law. All municipal elections in the City of Bellaire, whether regular or special, shall be conducted in accordance with the Texas Election Code, the federal Voting Rights Act and other applicable provisions of law. All elections shall be called by the City Council of the City of Bellaire, pursuant to the provisions of state law, and all candidates for municipal office shall comply fully with the requirements set forth in the Texas Election Code and this Charter.

(b) Composition of Council. The City Council shall be composed of a Mayor and six (6) Councilmen, all of whom shall be elected from the City at large.

(c) Designation of Position. The Councilmen shall be designated and denominated as follows:

Councilman—Position No. 1

Councilman—Position No. 2

Councilman—Position No. 3

Councilman—Position No. 4

Councilman—Position No. 5

Councilman—Position No. 6

Each candidate for municipal office shall, at the time of filing of reelection, designate the position for which the candidate is a candidate.

(d) Terms of Office and Limitations Thereon. Except as provided in the procedure for implementation as hereinafter set forth, the Mayor shall be elected for regular terms of two (2) years each, and Councilmen shall be elected for regular terms of four (4) years each, with the Mayor and three (3) Councilmen being elected at each regular election.

The Mayor shall not serve more than four (4) consecutive terms in that position, and no member of City Council shall serve more than two (2) consecutive terms as a Councilman. Any portion of a term served shall count as one (1) term in calculating the total number of consecutive terms served.

(e) Election Dates. Regular elections of the Mayor and the City Council shall be held in every odd-numbered year on the uniform election date specified by the Texas Election Code for the month of November. The Mayor shall be elected at each such election. Beginning in November of 1989 and continuing every four (4) years thereafter, Council Member-Position No. 1, Council Member-Position No. 3 and Council Member-Position No. 5 shall be elected for four (4) year terms; and beginning in November of 1991 and continuing every four (4) years thereafter, Council Member-Position No. 2, Council Member-Position No. 4 and Council Member-Position No. 6 shall be elected for four (4) year terms.

Dates for run-off elections, if any, shall be established by ordinance duly enacted by the City Council of the City of Bellaire, calling the regular election which is the basis for any such run-off as may be required.

(f) Election by Majority Vote. The candidate for each office who received a majority of the votes cast for that office shall be declared elected to the office. When the number of candidates for any office is more than two (2) and no candidate received a majority of the votes cast for that office at the regular election, then a run-off election for such office shall be held at a time designated by ordinance duly enacted by the City Council of the City of Bellaire, at which run-off election the names of the two (2) candidates for said office who received the largest number of votes at the regular election shall be printed on the ballot. The candidate receiving the highest number of votes at the regular election shall be placed first on the run-off ballot, and the candidate receiving the next highest number of votes shall be placed second. In the event of a tie vote between the two (2) candidates receiving the highest number of votes at the regular election, then a drawing shall be held for places on the run-off ballot. The candidate receiving a majority of the votes cast for said office at the run-off election shall be declared duly elected.

(g) Induction of Council into Office. Any person elected to office as Mayor or as a member of the City Council shall, prior to assuming such position, take an oath of office as prescribed by the Constitution of the State of Texas. Said oath may be taken before an officer of this State authorized to administer oaths.

All candidates elected to office at regular elections held in November of odd-numbered years shall qualify and assume the duties of office at the first regular meeting in January next following the date of the regular election.

To be eligible to be a candidate for, or elected to, office as Mayor or City Council Member of the City of Bellaire, or to continue to hold any such office, a person must:

(1) Be a United States citizen;

(2) Be twenty-one (21) years of age or older on the first day of the term to be filled at the election;

(3) Have not been determined mentally incompetent by a final judgment of a court;

(4) Have not been finally convicted of a felony from which the person has not been pardoned or otherwise released from the resulting disabilities;

(5) Have resided continuously in the State of Texas and within the corporate limits of the City of Bellaire for twelve (12) months immediately preceding the filing deadline of the regular election; and

(6) Be a qualified, registered voter of the State of Texas, County of Harris.

In addition, all candidates or persons elected to office as Mayor or City Council Member of the City of Bellaire shall meet all other requirements for office holders as may, from time to time, be specified by the Constitution and general laws of the State of Texas. If, at any time, any person holding the office of Mayor or City Council Member of the City of Bellaire no longer possesses all of the qualifications specified in this Section or is convicted of a felony or an offense involving moral turpitude while in office, such office shall, after a public hearing and determination by City Council pursuant to Section 16 be declared vacant.

The Mayor shall receive a stipend for the Mayor's services of Four Hundred Dollars ($400.00) per month.

Each Council Member shall receive a stipend of Two Hundred Dollars ($200.00) per month.

The stipend may be changed by the Council; however, no increase shall take effect unless ratified by a majority of the voters in the next regular City election. The City shall pay or reimburse reasonable expenses incurred by the Mayor or Council Members in the performance of specific duties, limited to the amount appropriated for such expenses in the current budget.

The Mayor shall preside over the meetings of the City Council, and perform such other duties consistent with the office as may be imposed upon the Mayor by this Charter, and by ordinances and resolutions passed in pursuance hereof. The Mayor may participate in the discussions of all matters coming before the Council, and shall be entitled to vote as a member thereof, but shall have no veto power. The Mayor shall sign, after authorization by a majority of the City Council, all contracts and conveyances made or entered into by the City, and all bonds issued under the provisions of this Charter. The Mayor shall be recognized as the official head of the City by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law, and for all ceremonial purposes. In time of danger or emergency, the Mayor may, with the consent of the City Council, take command of the police and govern the City by proclamation and maintain order and enforce all laws.

The City Council shall elect a Mayor Pro Tempore, who shall act as, and have all the powers of the Mayor during the absence or disability of the Mayor, and if a vacancy should occur in the office of Mayor, shall act as, and have all the powers of the, Mayor until the next regular election, at which election a Mayor shall be elected to fill the full or unexpired term, as the case may be. The Mayor Pro Tempore's office shall not be considered vacant during any such time the Mayor Pro Tempore is acting as the Mayor.

Vacancies in the office of Mayor, the effective date of which shall be determined in accordance with the provisions of the Texas Election Code, shall be filled by a candidate possessing all of the qualifications outlined in Section 2 of this Article, at an election called for that purpose pursuant to the provisions of the Texas Constitution and the Texas Election Code.

In the event of a vacancy in the office of City Council Member, the effective date of which shall be determined in accordance with the provisions of the Texas Election Code, if there are 365 days or more remaining on the term of the vacated office, the City Council shall call a special election to fill such vacancy. If there are fewer than 365 days remaining in the term of the vacant office, the City Council may, by majority vote of the remaining Members of City Council, at its discretion, leave the office vacant, appoint a new Council Member to fill such vacancy or call a special election to fill such vacancy.

If any member shall be absent from Council meetings for a continuous period of two (2) months, at the discretion of the Council the Council Member shall forfeit the Council Member's office, and the vacancy so created shall be filled in accordance with the provisions of this Charter.

All powers of the City and the determination of all matters of policy shall be vested in the City Council. Without limitation of the foregoing, and among the other powers that may be exercised by the Council, the following are hereby enumerated for greater certainty:

(1) Enact all ordinances;

(2) Appoint and remove the City Manager, the City Clerk, the City Attorney, and City Auditors;

(3) Establish other administrative departments and distribute the work of divisions;

(4) Adopt the budget of the City;

(5) Authorize the issuance of bonds by a bond ordinance, as provided elsewhere in this Charter;

(6) Inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs;

(7) Appoint members to various boards and commissions, as provided by ordinance;

(8) Appoint members to various boards and commissions, as provided by state law;

(9) Adopt and modify the official map of the City;

(10) Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings or buildings calculated to increase the fire hazard, and the manner of their removal or destruction; and

(11) Exercise all powers as shall be provided for under the Texas Property Tax Code and the general laws of this State, relating to the levy and collection of taxes.

The Council shall appoint an officer of the City who shall have the title of City Manager, and who shall have the powers and perform the duties provided in this Charter. No Council Member shall receive such appointment during the term for which the Council Member shall have been elected, nor within one (1) year after the expiration of the Council Member's term.

The Council shall appoint the City Manager for an indefinite term, and may remove the City Manager at will with or without cause by a majority vote of its members.

Neither the City Council nor the Mayor or any Council Member shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the City Manager or any of the City Manager's subordinates are empowered to appoint, unless otherwise provided in this Charter. Further, except for the purpose of inquiries and investigations, unless otherwise provided in this Charter, the City Council, Council Members and the Mayor shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor Council Members nor the Mayor shall give orders to any such officer or employee, either publicly or privately.

There shall be such administrative departments as are established by this Charter and such other administrative departments as may be established by ordinance. All administrative departments, except as otherwise provided in this Charter, shall be under the control and direction of the City Manager.

The Council shall appoint a City Clerk of the Council. The City Clerk shall report to the City Council. The City Clerk shall give notices of its meetings, shall keep the official copy of this Charter, shall authenticate by the City Clerk's signature and record in full in a book kept for the purpose all ordinances and resolutions, and shall perform such other duties as the City Manager shall assign to the City Clerk.

There is hereby established a Municipal Court of the City of Bellaire. The City Council shall appoint a Municipal Court Judge to serve a term of office of two (2) years. A Municipal Court Judge who is not reappointed by the 91 ^st day following the expiration of a term of office shall, absent action by the City Council, continue to serve for another term of office beginning on the date the previous term of office expired. The City Council shall appoint such other associate judge or judges as it shall determine to be necessary and appropriate, for such terms as it shall provide. Such judge(s) may be removed for incompetency, misconduct or malfeasance. The compensation for the judge(s) of the Municipal Court shall be fixed by the City Council. The City Council shall have the power to make temporary or relief appointments of Municipal Court Judges, in the event of emergencies, for shorter periods of time than provided for the term(s) of the Municipal Court Judge and associate judge(s).

All costs and fines imposed by the Municipal Court, or by any court in cases appealed from judgments of the Municipal Court, shall be paid into the city treasury for the use and benefit of the City.

The City Council shall meet regularly at such times as may be prescribed by its rules, but not less frequently than twice each month. All meetings of the Council shall be subject to the Texas Open Meetings Act; special meetings shall be called by the City Clerk upon request of the Mayor, City Manager, or a majority of the members of the Council.

Four (4) members of the Council, of whom the Mayor shall be counted as one, shall constitute a quorum for the transaction of business. The affirmative vote of four (4) members shall be required for the transaction of business. A smaller number may adjourn from time to time.

A. General. The Council shall be the judge of the election and qualifications of its members, and shall have the power to investigate and to remove any member for malfeasance or nonfeasance in office, after public hearing, by two-thirds (⅔) vote of the whole Council; for such purpose it shall have power to administer oaths, subpoena witnesses, compel the production of books, papers, and other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt in failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence. The City Council shall have the power to punish any such contempt in the manner provided by such ordinance.

B. Hearing Process for Forfeitures of Office and Prohibitions.

1. All hearings held under this subsection shall be conducted in open session, except that the City Council may conduct a closed session to get advice from its attorney pursuant to the Texas Open Meetings Act;

2. The office holder subject to any investigation and/or hearing under this Section shall be entitled to written notice of the specific allegations made against them;

3. A special meeting shall be called to hold the hearing; the office holder who is the subject of the hearing shall not sit at the dais and shall not participate in deliberation or vote; and City Council shall adopt by ordinance rules of procedures to be followed which rules shall not be amended or repealed for a particular public hearing after written notice has been provided to the office holder; except and unless, agreed to by the office holder;

4. The City Council shall state the nature of the hearing and the allegations to be considered, shall be provided the results of any investigation and a presentation of the evidence against the office holder including, but not limited to testimony from individuals; the individual who is subject to the hearing shall be provided an opportunity to respond to the allegations and present any relevant evidence including, but not limited to, testimony from individuals; and City Council may ask questions of any individual; and

5. No public comment shall be allowed unless agreed by a majority vote of the members of the City Council present and rules for public comment, if allowed, shall be set by City Council.

The Council shall determine its own rules and order of business.

In addition to such acts of the Council as are required by statute or by this Charter to be by ordinance, every act of the Council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness, shall be by ordinance. The enacting clause of all ordinances shall be, "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BELLAIRE."

The affirmative vote of four (4) members of the Council shall be necessary to adopt any ordinance or resolution. Every ordinance shall be in written form and, upon passage, shall take effect at the time indicated therein, or if no time be [is] specified, then immediately after passage and approval; provided that any penalty, fine or forfeiture for a violation of ordinance provisions shall become effective not less than ten days from the date of its publication. The City Clerk shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the ordinance in full or its caption, including the penalty, to be published in the official newspaper of the City of Bellaire at least one time within ten (10) days after the passage of said ordinance. The City Clerk shall note on every ordinance, the caption of or which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the Charter, the name of the newspaper and the date of such publication, which shall be prima facie evidence of the legal publication and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and codification of the ordinances of the City for publication in book or pamphlet form. Except as otherwise provided in Section 9 of Article I, and Section 2 of Article XI of this Charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of the City Council. Every ordinance shall be authenticated by the signature of the Mayor and City Clerk, and shall be systematically recorded 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 or journal of Council meetings. The City Council shall have power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the Council deems advisable, and such printed code, when adopted by the Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evidence in all courts and places without further proof.

The Council shall have the power to inquire into the conduct of any office, department, agency, or officer of the City and to make investigations as to municipal affairs, and for the purpose may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed Three Hundred ($300.00) Dollars for each offense.

Prior to the end of each fiscal year, the Council shall designate a certified public accountant who, as of the end of that fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the city government, and shall submit a sworn report to the Council. Notice shall be provided on the official website of the City of Bellaire that the annual audit is on file at the City Hall for inspection. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. They shall not maintain accounts or record of the City business, but, within specifications approved by the Council, shall post-audit the books and documents kept by the Department of Finance and any separate or subordinate accounts kept by any other office, department or agency of the city government. Such accountants may make monthly checks, or a general audit at more frequent intervals as the Council may direct.

The City Manager shall be chosen by the Council solely on the basis of the City Manager's executive and administrative qualifications with special reference to the City Manager's actual experience in, or knowledge of, accepted practice in respect to the duties of City Manager's office as hereinafter set forth.

The City Manager shall provide a fidelity bond with such surety and in such amount as the Council may require, except that such bond shall be in an amount of not less than Ten Thousand Dollars ($10,000.00). The premiums on such bond shall be paid by the City of Bellaire.

The City Manager shall be the chief executive officer and the head of the administrative branch of the City government. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City and to that end the City Manager shall have the power and shall be required to:

(a) Appoint and remove all officers and employees of the City appointed by the City Manager, except as otherwise provided by this Charter, and except as the City Manager may authorize the head of a department to appoint and remove subordinates in such department;

(b) Prepare the budget annually and submit it to the Council and be responsible for its administration after adoption;

(c) Prepare and submit to the Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year;

(d) Keep the Council advised of the financial condition and future need of the City and make such recommendations as may seem to the City Manager desirable;

(e) Sign all documents, contracts and conveyances made or entered into by the City, and all bonds, pursuant to any relevant policy adopted by City Council, except where the City Council has authorized the Mayor to sign said document as provided for in Article II Section 4 of this Charter; and

(f) Perform such other duties as may be prescribed by this Charter or required of the City Manager by the Council, not inconsistent with this Charter.

To perform the City Manager's duties during the City Manager's temporary absence or disability, the City Manager may designate by letter filed with the City Clerk a qualified administrative officer of the City. In the event of failure of the Manager to make such designation, the Council may by resolution appoint an officer of the City to perform the duties of the Manager until the City Manager shall return, or the City Manager's disability shall cease, or the City Manager shall be replaced.

At the head of each administrative department there shall be a director, who shall have supervision and control of the department subject to the City Manager, except as otherwise provided by this Charter.

Two or more departments may be headed by the same individual, the City Manager may head one or more departments, and directors of departments may also serve as chiefs of divisions.

The work of each administrative department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the City Manager.

There shall be a department of law, the head of which shall be the attorney for the City, who shall be employed by the City Council.

The attorney for the City shall be a qualified attorney-at-law who is licensed to practice in the State of Texas, and who shall have been a practicing attorney in the State of Texas for at least five (5) years next preceding the attorney's employment.

The attorney for the City shall be the chief legal advisor of the Council, of all offices, departments, and agencies and of all officers and employees in matters relating to their official powers and duties. The attorney shall perform such other duties as may be specified by the Council, which shall fix the attorney's compensation.

The fiscal year of the City government shall begin on the first day of October, and shall end on the last day of September of each calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this Article, the term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered.

(a) Scope. The annual budget must specify appropriations for capital expenditures and for expenditures directed by Council for services and for the operation of city departments, offices and agencies. It must comply with fund requirements of bond covenants.

(b) Preparation. The City Manager shall submit a proposed annual budget to the Council in sufficient time to permit council to review and revise it. Said budget shall be prepared by the City Manager and filed with the City Clerk not less than thirty (30) days prior to the time and the City Council adopts said budget.

(c) Public Hearing. A public hearing shall be held not less than fifteen (15) days subsequent to the time the budget is filed, as provided herein, but prior to the time the City Council adopts said budget and sets the tax levy. Notice of the date, time and place of such public hearing shall be published in a newspaper of general circulation not less than fifteen (15) days prior to the date of the hearing.

(d) Adoption. Before taxes are levied, but after a public hearing or hearings, Council shall adopt the annual budget. Council may amend the proposed budget but shall not delete or decrease appropriations required for debt service, or by law, and shall not authorize expenditures in excess of the total of estimated income plus funds available from earlier years.

(e) Failure to Adopt. If the Council fails to adopt the annual budget before the start of the fiscal year to which it applies, appropriations of the last budget adopted shall be considered as adopted for the current fiscal year on a month-to-month, pro-rata basis until the next budget is adopted.

(f) Public Record. The adopted budget shall be a public record. Copies shall be made available to the public, upon request, or examination and review, as shall copies of the previous year's budget for comparison purposes. A true copy of said approved budget shall be filed in the office of the County Clerk of Harris County, Texas.

The City of Bellaire shall have the right and power to borrow money on the credit of the City for any lawful public purpose, including without limitation permanent public improvements, as may be determined by the City Council, and to issue bonds, warrants, notes, or other evidence of indebtedness of the City therefor in accordance with state law.

There shall be a Department of Finance, the head of which shall be appointed by the City Manager. The person appointed to head the Department of Finance shall not be the City Manager.

The Director of Finance shall have knowledge of municipal accounting and taxation and shall have had experience in budgeting and financial control.

The Director of Finance shall provide a bond with such surety and in such amount as the Council may require, except that such bond shall be in an amount of not less than Ten Thousand Dollars ($10,000.00). The premiums on such bond shall be paid by the City of Bellaire.

Under the direction of the City Manager, the Director of Finance shall have charge of the administration of the financial affairs of the City and to that end, the Director of Finance shall have authority and shall be required to:

(1) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to ensure that budget appropriations are not exceeded;

(2) Maintain a general accounting system for the city government and each of its offices, departments and agencies; keep books for and exercise financial budgetary control over each office, department and agency; keep separate accounts for the items of appropriation contained in the city budget, each of which accounts shall show the amount of the appropriation, the amounts paid therefrom, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the city government to be made daily or at such intervals as the Director may deem expedient;

(3) Submit to the City Council through the City Manager a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City;

(4) Prepare, as of the end of each fiscal year, a complete financial statement and report; and

(5) Collect all taxes, special assessments, license fees and other revenues of the City or for whose collection the City is responsible and receive all money receivable by the City from the state or federal government, or from any court, or from any office, department or agency of this City.

The City Manager may at any time, with the approval of the Council, transfer any unencumbered appropriation balance or portion thereof between general classifications of expenditures within an office, department or agency. At the request of the City Manager, and within the last three months of the budget year, the Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another.

Under the direction of the City Manager, the Director of Finance shall have the power and shall be required to:

(1) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the City government, with the approval of the City Council;

(2) Examine all contracts, orders and other documents by which the city government incurs financial obligations, and certify that moneys have been appropriated and allotted and will be available when the obligations shall become due and payable;

(3) Audit and approve before payment all bills, invoices, payrolls, and other evidences of claims, demands or charges against the city government, and with the advice of the attorney for the City, determine the regularity, legality and correctness of such claims, demands or charges;

(4) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the city government apart from or subsidiary to the accounts kept in the Director's office.

All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered.

The sale or disposal of any City property shall be in accordance with laws established by the State of Texas.

(a) All purchases made and contracts executed by the City shall be pursuant to a requisition from the head of the office, department or agency whose appropriations will be charged, and no contract or order shall be binding upon the City unless and until the City Manager certifies that there is to the credit of such office, department or agency a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment, or contractual services for which the contract or order is issued. All purchases made and contracts executed by the City shall be made in accordance with the requirements of this Charter and all applicable requirements of the constitution and statutes of the State of Texas. All contracts for purchases or expenditures must be expressly approved in advance by the City Council, except that the City Council may by ordinance confer upon the City Manager general authority to contract for expenditures without further approval of the City Council for all budgeted items the cost of which does not exceed the constitutional and statutory requirements for competitive bidding. However, (i) for purchasing insurance or employee benefits, the City shall use the request-for-proposals process described in subsection "(b)", below, in those instances when the use of competitive bidding would otherwise be required, and (ii) when letting contracts, the City shall always have the right to reject any and all bids and determine the most advantageous bid for the City.

(b) The request-for-proposals process is as follows: (i) a request for proposals must solicit quotations and must specify the relative importance of price and other evaluation factors; (ii) discussions may be conducted with proposers determined to be qualified; (iii) such qualified proposers shall be treated fairly and equally with respect to any opportunity for discussion and revision of proposals; (iv) to obtain the best final offers, revisions may be permitted after submissions.

The Director of Finance shall maintain, or cause to be maintained, reliable accounts of the City's investment in permanent property by departments, and shall fix responsibility for the custody and property use of all City owned equipment, structures, and land.

He shall be responsible for the accounting control of all permanent property of the City.

The head of each department shall be held accountable for the safekeeping of all movable equipment in the head's department.

All purchases made and contracts executed by the division of purchases shall be pursuant to a written requisition from the head of the office, department or agency whose appropriation will be charged, and no contract or order shall be issued to any vendor unless and until the Director of Finance certifies that there is to the credit of such office, department or agency a sufficient unencumbered balance to pay for the supplies, material, equipment or contractual services for which the contract or order is to be issued.

The City Council of the City of Bellaire shall adopt a written statement of policies, procedures and guidelines for the disbursement of funds from the city depository, which written statement may include, but shall not be limited to, the manual or mechanical issuance of checks, vouchers or warrants, electronic transfer of funds, the use of appropriate computer systems, and such other guidelines as shall constitute sound business and professional accounting practice.

The electors shall have power to propose any ordinance except an ordinance appropriating money or authorizing the levy of taxes, and to adopt or reject the same at the polls, such power being known as the initiative. Any initiative ordinance may be submitted to the Council by a petition signed by qualified electors of the City equal in number to at least six percent (6%) of the number of voters registered to vote at the last general City election; provided, however, that the petition shall contain the signatures of at least two hundred (200) qualified electors of the City. Bond elections may be initiated by petition to the City Council as above provided.

The electors shall have power to approve or reject at the polls any ordinance passed by the Council, or submitted by the Council to a vote of the electors, such power being known as the referendum. Ordinances submitted to the Council by initiative petition and passed by the Council without change shall be subject to the referendum in the same manner as other ordinances. Within thirty (30) days after the enactment by the Council of any ordinance which is subject to a referendum, a petition signed by qualified electors of the City equal in number to at least six percent (6%) of the number of voters registered to vote at the last general City election may be filed with the City Clerk requesting that any such ordinance be either repealed or submitted to a vote of the electors; provided, however, that such petition shall contain the signatures of at least two hundred (200) qualified electors of the City.

Initiative petition papers shall contain the full text of the proposed ordinance. The signatures to initiative or referendum petitions need not all be appended to one paper, but to each separate petition there shall be attached a statement of the circulator thereof as provided by this section. Each signer of any petition paper shall sign the signer's name in ink or indelible pencil and shall indicate after the signer's name the signer's place of residence by street and number, or other description sufficient to identity the place. There shall appear on each petition the names and address of five (5) electors, who, as a committee of the petitioners, shall be regarded as responsible for the circulation and filing of the petition. Attached to each separate petition paper there shall be an affidavit of the circulator thereof that the circulator, and the circulator only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in the circulator's presence, and that the circulator believes them to be the genuine signatures of the persons whose names they purport to be.

All petition papers comprising an initiative or referendum petition shall be assembled and filed with the City Clerk as one instrument. Within twenty (20) days after a petition is filed, the City Clerk shall determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by a sufficient number of qualified electors. The City Clerk shall declare any petition paper entirely invalid which does not have attached thereto an affidavit signed by the circulator thereof. If a petition paper is found to be signed by more persons than the number of signatures certified by the circulator, the last signatures in excess of the number certified shall be disregarded. If a petition paper is found to be signed by fewer persons than the number certified, the signatures shall be accepted unless void on other grounds. After completing the City Clerk's examination of the petition, the City Clerk shall certify the result thereof to the Council at its next regular meeting. If the City Clerk shall certify that the petition is insufficient the City Clerk shall set forth in the City Clerk's certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of the City Clerk's findings.

An initiative or referendum petition may be amended at any time within ten (10) days after the notification of insufficiency has been sent by the City Clerk, by filing a supplementary petition upon additional papers signed and filed as provided in case of an original petition. The City Clerk shall, within five (5) days after such an amendment is filed, make examination of the amended petition and, if the petition is still insufficient, the City Clerk shall file the City Clerk's certificate to that effect in the City Clerk's office and notify the committee of the petitioners of the City Clerk's findings and no further action shall be had on such insufficient petition. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose.

When a referendum petition, or amended petition as defined in Section 5 of this Charter, has been certified as sufficient by the City Clerk, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless approved by the electors, as hereinafter provided.

Whenever Council receives a certified initiative or referendum petition from the City Clerk, it shall proceed at once to consider such petition.

A proposed initiative ordinance shall be read and provision shall be made for a public hearing upon the proposed ordinance. The Council shall take final action on the ordinance not later than sixty (60) days from the date on which such ordinance was submitted to the Council by the City Clerk.

A referred ordinance shall be reconsidered by the Council and its final vote upon such reconsideration shall be upon the question, "Shall the ordinance specified in the referendum petition be repealed?"

If the Council shall fail to pass an ordinance proposed by initiative petition, or shall pass it in a form different from that set forth in the petition therefor and not agreeable to the committee of the petitioners, or if the Council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the electors of the City at a special election to be held on the earliest possible uniform election date of the State of Texas, after the City Clerk certifies the submission to the City Council.

Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions of this Charter shall be submitted by ballot title, which shall be prepared in all cases by the attorney for the City. The ballot title may be different from the legal title of any such initiated or referred ordinance and shall be a clear, concise statement, without argument or prejudice, descriptive of the substance of such ordinance; if a paper ballot, it shall have below the ballot title the following propositions, one above the other, in the order indicated: "FOR THE ORDINANCE" and "AGAINST THE ORDINANCE." Any number of ordinances may be voted on at the same election and may be submitted on the same ballot, but any paper ballot used for voting thereon shall be for that purpose only. If voting machines are used, the ballot title of any ordinance shall have below it the same two propositions, one above the other or one preceding the other in the order indicated, and the elector shall be given an opportunity to vote for either of the two propositions and thereby to vote for or against the ordinance.

If a majority of the electors voting on a proposed initiative ordinance shall vote in favor thereof, it shall thereupon be an ordinance of the City. A referred ordinance which is not approved by a majority of the electors voting thereon shall thereupon be deemed repealed. If conflicting ordinances are approved by the electors at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.

Initiative and referendum ordinances adopted or approved by the electors shall be published, and may be amended or repealed by the Council, as in the case of other ordinances.

The Mayor or any member of the City Council may be removed from the office by recall.

Any elector of the City of Bellaire may make and file with the City Clerk an affidavit containing the name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. The Clerk shall thereupon deliver to the elector making such affidavit copies of petition blanks demanding such removal. Such blanks when issued by the City Clerk shall bear the signature of that officer and be addressed to the City Council, and shall be numbered, dated, and indicate the name of the person to whom issued. The petition blanks when issued shall also indicate the number of such blanks issued and the name of the officer whose removal is sought. The City Clerk shall enter in a record to be kept in the City Clerk's office the name of the elector to whom the petition blanks were issued and the number issued to said person.

The recall petition to be effective must be returned and filed with the City Clerk within thirty (30) days after the filing of the affidavit required in Section 13 and it must be signed by qualified electors of the City equal in number to at least fourteen percent (14%) of the number of voters registered to vote at the last general City election, and shall conform to the provisions of Section 3 herein. No petition paper shall be accepted as part of a petition unless it bears the signature of the City Clerk as required in Section 13 herein.

The City Clerk shall at once examine the recall petition and if the City Clerk finds it sufficient and in compliance with the provisions of this Article of the Charter, the City Clerk shall within five (5) days submit it to the City Council with the City Clerk's certificate to that effect and notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice the City Council shall thereupon order and fix a date for holding a recall election, the date of which shall be as soon as possible after the date the petition was presented to the City Council and at the earliest date permitted by the state election code.

Ballots used at recall elections shall conform to the following requirements:

(1) 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?"

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

"For the recall of (name of person)"

"Against the recall of (name of person)"

If a majority of the votes cast at a recall election shall be against the recall of the officer named on the ballot, the officer shall continue in office for the remainder of the officer's unexpired term, subject to recall as before. If a majority of the votes cast at such an election be for the recall of the officer named on the ballot, the officer shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled by the City Council as in other vacancies.

No recall petition shall be filed against the Mayor or a Council Member within six (6) months after the Mayor or Council Member takes office nor in respect to an officer subjected to a recall election and not removed thereby until at least six (6) months after such election.

Should the City 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 in conformity with this Article, then any individual with legal standing may bring suit in any court of competent jurisdiction for the purpose of enforcing the requirements of this Article.

In addition to the City's power to buy, own, construct, maintain and operate utilities and to manufacture and distribute electricity, gas, or anything else that may be needed or used by the public (see powers made part of this Charter in Article I, Section 3), the City shall have further powers as may now or thereafter be granted under the Constitution and laws of the State of Texas.

The City Council shall have power by ordinance to grant, amend, renew and extend all franchises of all public utilities of every character operating within the City of Bellaire and for such purposes is granted full power. All ordinances granting, amending, renewing, or extending franchises for public utilities shall be read at two (2) separate regular meetings of the City Council with such readings being at least ten (10) days apart, and shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until sixty (60) days after its final passage; and pending such time, the full text of such ordinance shall be published once each week for two (2) consecutive weeks in the official newspaper of the City of Bellaire, and the expense of such publication shall be borne by the proponent of the franchise. No public utility franchise shall be transferable except with the approval of the Council expressed by ordinance.

All grants, renewals, extensions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the City:

(1) To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing;

(2) To require an adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency;

(3) To establish reasonable standards of service and quality of products and prevent unjust discrimination in services or rates;

(4)

a) To prescribe the form of accounts kept by each such utility; provided, that if the utility shall keep its accounts in accordance with the applicable uniform accounting standards;

b) At any time to examine and audit the accounts and other records of any such utility and to require annual and other reports, including reports on local operations by each such public utility;

(5) To impose such reasonable regulations and restrictions as may be deemed desirable or conducive to the safety, welfare, and accommodation of the public; and

(6) To at any time require such compensation and rental as may be permitted by the laws of the State of Texas.

The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this Charter or in any franchise granted thereunder shall ever be construed to deprive any such property owner of any right of action for damage or injury to the owner's property as now or hereafter provided by law.

All extensions of public utilities within the City limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in Section 4. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant.

All franchises heretofore granted are recognized as contracts between the City of Bellaire and the grantee, and the contractual right as contained in any such franchise shall not be impaired by the provisions of this Charter, except that the power of the City of Bellaire to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and herein provided for to regulate the rates and services of a grantee which shall include the right to require proper and adequate extension of plant and services and the maintenance of the plant and fixtures at the highest reasonable standard of efficiency. Every public utility franchise hereafter granted shall be held subject to all the terms and conditions contained in the various sections of this Article whether or not such terms are specifically mentioned in the franchise. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of the Council or the electors of the City in imposing terms and conditions as may be reasonable in connection with any franchise grant.

Every public utility and every owner of a public utility franchise shall file with the City, as may be prescribed by ordinance, certified copies of all franchises owned or claimed, or under which such utility is operated in the City of Bellaire. The City shall compile and maintain a public record of public utility franchises.

Accounts shall be kept for each public utility owned or operated by the City, in such manner as to show the true and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation reserve, other reserves, and surplus; also revenues, operating expenses including depreciation, interest payments, rental, and other disposition of annual income. The accounts shall show the actual capital cost to the City of each public utility owned, also the cost of all extensions, additions and improvements, and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The Council shall annually cause to be made by a certified public accountant and shall publish a sworn report showing the financial results of such City ownership and operation, giving the information specified in this Section or such data as the Council shall deem expedient.

All records and accounts of every office, department or agency of the City shall be open to inspection by any citizen, any representative of a citizens' organization or any representative of the press at all reasonable times and under reasonable regulations established by the City Manager.

For purposes of this Section, the term "City Official" means any individual subject to the requirements of Texas Local Government Code, Chapter 171.

It is hereby prohibited for City Council Members or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171.

Every officer of the City shall, before entering upon the duties of the officer's office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the City Clerk:

"I, ____________ , do solemnly swear (or affirm) that I will faithfully execute the duties of the office of ____________ of the City of Bellaire, State of Texas, and will to the best of my ability preserve, protect, and defend the constitution and laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of appointment, to secure my appointment. So help me God."

For the purpose of promoting the health, safety, morals or general welfare of the City, the Council may by ordinance regulate the location, height, bulk and size, and manner of construction of buildings and other structures, the size of yards, courts and other open spaces, and density of population and the uses of buildings, structures and land for trade, industry, business, residence or other purposes. Such ordinances may provide that the Board of Adjustment may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to their general purpose and intent. Such ordinances may provide that the Board of Adjustment may authorize variances from the strict application of the regulations in such situations and subject to such limitations as may be set forth by ordinance. All of the powers granted by Title 28, Chapter 4, Article 1011A to 1011J, both inclusive, of the 1925 Revised Civil Statutes of Texas, together with existing amendments and all amendments as hereinafter may be made relating to zoning in cities, are hereby adopted and made a part of this Charter.

The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any writ of execution or cost bill. The funds belonging to the City, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or sequestration; nor shall the City be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the City nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The City shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors, except as required by state or federal law.

It shall not be necessary in any action, suit or proceeding in which the City of Bellaire is a party, for any bond, undertaking or security to be demanded or executed by or on behalf of said City in any of the State courts, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said City shall be just as liable as if security of bond had been duly executed.

All ordinances, resolutions, rules and regulations now in force under the City government of Bellaire and not in conflict with the provisions of this Charter, shall remain in force under this Charter until altered, amended or repealed by the Council after this Charter takes effect.

Amendments to this Charter may be framed and submitted to the electors of the City by a Charter commission in the manner provided by law for framing and submitting a new Charter. Amendments may also be proposed and submitted by ordinance, passed by a majority vote of the full membership of the Council, or by a petition signed by not less than twenty-five percentum (25%) of the number of those who voted at the last regular municipal election; provided, however that in the latter case the petition must bear the signatures of at least ten percentum (10%) of the qualified voters of the City. When a Charter amendment petition shall have been filed with the Council in conformity with the provisions of this Charter as to petitions for initiated ordinances, the Council shall forthwith provide by ordinance for submitting such proposed amendment to a vote of the electors. Any ordinance for submitting a Charter amendment to the electors shall provide that such amendment be submitted at the next regular municipal election. Not less than thirty (30) days prior to such election, the City clerk shall mail a copy of the proposed amendment or amendments to each qualified voter in said City as appears from the latest rolls of the tax collector. If a proposed amendment be approved by a majority of the electors voting thereon, it shall become a part of the Charter at the time fixed therein. Each amendment shall be confined to one subject; and when more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately.

If any section or part of section of this Charter shall be held invalid by a Court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such Section or part of Section so held invalid may appear, except to the extent that an entire Section or part of Section may be inseparably connected in meaning and effect with the Section or part of Section to which such holding shall directly apply.

The Charter Commission in preparing this Charter finds and decides that it is impracticable to segregate each subject so as to permit a vote of "Yes" or "No" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these reasons the Charter Commission directs that the said Charter be voted upon as a whole, and that it shall be submitted to the qualified voters of the City of Bellaire at an election to be held for that purpose on the 2nd day of April, A.D. 1949. If a majority of the qualified electors voting in such election shall vote in favor of the adoption of this Charter, it shall then and there become effective as the Charter of the City of Bellaire, and after the returns have been canvassed, the same shall be declared adopted, and the City Clerk shall file an official copy of the Charter with the records of the City. The Clerk shall furnish the Mayor a copy of said Charter, which copy of the Charter so adopted, authenticated and certified by the Clerk's signature and the seal of the City, shall be forwarded by the Mayor to the Secretary of State of the State of Texas and shall show the approval of such Charter by majority vote of the qualified electors voting at such election.

In not less than thirty (30) days prior to such election, the City Council shall cause the City Secretary to mail a copy of this Charter to each qualified voter of the City of Bellaire as appears from the Tax Collector's roll for the year ending January 31, preceding said election.

The original Home Rule Charter for the City of Bellaire, Texas as adopted April 2, 1949, was signed by the following Bellaire Charter Commission members, and is on file in the office of the City Clerk.

Wm. T. Burks, Chairman

R.E. Turrentine, Jr., Vice-Chairman

Richards A. Rowland, Secretary

Lawrence Davis

James G. V. Dee

Cliff Dowd

David F. Engle

W. C. Gardiner

R. S. Giles

Charles Gribble, Jr.

O. C. Luhring

R. B. Melanson

C. A. Watson

A. B. White

W. H. Winn

The Council shall have the power, by ordinance, to make the following non-substantive revisions to the Charter, so long as such revisions do not affect the intent of the Charter: 1) renumbering and rearranging all articles, sections, and paragraphs of this Charter or any amendments; 2) to make any grammatical or typographical corrections to this Charter; and 3) to make the Charter gender neutral. Upon the passage of any such ordinance, a copy certified by the City Clerk shall be forwarded to the Clerk of the State for filing.