ARTICLE IV. - INITIATIVE, REFERENDUM, AND RECALL.

§ 5. - BALLOT FORM AND RESULTS OF ELECTION.

The ballot used in voting upon an initiated or referred ordinance shall state the caption of the ordinance and below the caption shall set forth on separate lines the words, "For the Ordinance" and "Against the Ordinance," or other language and placement as permitted by the Texas Election Code.

ARTICLE VII.- FINANCE. 

§ 11. - REVENUE BONDS.

The city shall have power to borrow money for the purpose of acquiring, constructing, [purchasing,] improving, extending, or repairing of public utilities, and for any other public purpose authorized by state law, provided such bonds shall be [recreational facilities or facilities for any other self liquidating municipal function not now or hereafter prohibited by any general law of the state, and to issue revenue bonds to evidence the obligation created thereby. Such bonds shall be a charge upon and] payable solely from designated sources, [the ]properties, or interest therein, acquired and the income therefrom, and shall never be a debt of the city. [All revenue bonds issued by the city shall first be authorized by a majority of the qualified electors voting at an election held for such purpose.] The council shall have authority to provide for the terms and form of any purchase agreement, contract, mortgage, bond or document desired or necessary for the issuance of revenue bonds and the acquisition and operation of any such property or interest.

ARTICLE I. - INCORPORATION, FORM OF GOVERNMENT, POWERS.

§ 5. - STREET DEVELOPMENT AND IMPROVEMENT.

As an alternate and cumulative method of developing, improving, and paving any and all public streets, sidewalks, alleys, highways, and other public ways within the corporate limits, the city shall have the power and authority to proceed in accordance with state law [Chapter 106, page 489, Acts 1927, Fortieth Legislature, First Called Session], as now or hereafter amended, to adopt plans and specifications pursuant thereto; to pay to the contractor, the successful bidder, in cash, that part of the cost which may be assessed against the abutting property and the owners thereof; to reimburse itself for the amount paid such contractor by levying assessments against the abutting property and the owners thereof, after the hearing and notice prescribed in the aforesaid statutes, in an amount permitted by said statutes and not in excess of the enhancement in value of such property occasioned by the improvements; and to issue assignable certificates in favor of the city for such assessments, said certificates to be enforceable in the manner prescribed by the aforesaid statutes. The city shall likewise have the power to make any such development, improvement or paving with its own forces if, in the opinion of the council, the work can be done more expeditiously or economically, and in such event the city shall have the power to reimburse itself for the cost of such improvement in the same amount and in the same manner as if the work had been performed by a successful bidding contractor. 

§ 6.- ANNEXATION FOR ALL PURPOSES.

The city council shall have the power by ordinance to fix the boundary limits of the City of Austin; and to provide for the alteration, reduction, and the extension of said boundary limits, and the annexation of additional territory lying adjacent to the city[, with or without the consent of the territory and inhabitants annexed]. Before the city may institute annexation or disannexation proceedings, the city council shall provide an opportunity for all interested persons to be heard at a public hearing. [Prior notice of such hearings shall be published in accordance with state law in a newspaper having general circulation in the city and in the territory proposed to be annexed.] Upon the final passage of any such ordinance, the boundary limits of the city shall thereafter be fixed in such ordinance; and when any additional territory has been so annexed, same shall be a part of the City of Austin, and the property situated therein shall bear its pro rata part of the taxes levied by the city, and the inhabitants thereof shall be entitled to all rights and privileges of all the citizens, and shall be bound by the acts, ordinances, resolutions, and regulations of the city.

§ 7.- LIMITED PURPOSE ANNEXATION.

In addition to the power to annex additional territory for all purposes, the city shall have the power, by ordinance to fix, alter, and extend the corporate boundary limits of the city for the limited purposes of planning, zoning, health, and safety and to annex for such limited purposes additional territory lying adjacent to the city [, with or without the consent of the property owners or inhabitants of such annexed territory]; provided, however, that no such territory which lies farther than five miles from the corporate boundary limits enclosing the territory which is a part of the city for all purposes, as those corporate boundary limits are now or may hereafter be established shall be annexed for any limited purpose or purposes. Whenever the boundary limits annexed for such limited purposes are not coterminous with the corporate boundary limits enclosing the territory which a part of the city for all purposes, such boundary limits of the limited purpose territory shall be known as "Limited Purpose Boundary Limits." [Every ordinance by which territory is to be annexed to the city for limited purposes shall state clearly the limited purpose or purposes for which it is being annexed, and shall be published one time, in a newspaper of general circulation in the city and in the form in which it is to be finally adopted , not less than 30 days prior to its final passage.]

ARTICLE II. - THE COUNCIL.

§ 6.- VACANCIES.

Where a vacancy in any place on the council shall occur, the vacant place shall be filled by a special election, and, where necessary, by a run-off election, in the same manner as provided in this Charter for the regular election of a council member. Such special election shall be held in accordance with state law [on the next available state uniform election date following the creation of the vacancy], and, where necessary, the run-off election shall be held according to state law following the preceding election; provided, however. that where a vacancy shall occur within 90 days of a regular election, no special election to fill the vacancy shall be called, unless more than one vacancy occurs.

ARTICLE III. - ELECTIONS

§ 4. - FILING OF CANDIDATES.

Any qualified person who desires to become a candidate for election to a place on the council shall file with the city clerk[, at least 15 days prior to the election day,] an application for his or her name to appear on the ballot in accordance with state law. Such application shall be accompanied by a filing fee of $500.00 or a petition in lieu of a filing fee. [Such filing fee may be reduced by $ 1.00 per signature for each registered voter who signs a petition requesting that the name of the candidate be placed on the ballot, if such petition is sufficient to satisfy statutory requirements.] In case of a district position, the petition shall be signed by registered voters residing in the particular district. Such application shall clearly designate by number the place on the council to which the candidate seeks election and shall contain a sworn statement by the candidate that he or she is fully qualified under the laws of Texas and the provisions of this Charter to hold the office he or she seeks.

§ 5. - BALLOTS.

For every regular election and for every special election called to fill one or more vacant places on the council, the city clerk shall place upon the official ballot the name of every candidate who shall file an application which complies with the provisions of this Charter. The council places to be filled shall be placed on the ballot in numerical order. The name of each candidate shall be placed on the ballot under the designated place for which he or she shall have filed, and in such manner that the names of the candidates for each place shall be clearly separate and distinguishable from the names of the candidates for every other council place. For a general election or a special election called to fill one or more vacant places on the council, [T]the order on the ballot of the names of the candidates for each respective council place shall be determined by lot in a drawing to be held under the supervision of the city clerk, at which drawing each candidate or his or her named representative shall have a right to be present.

§ 8.- LIMITS ON CAMPAIGN CONTRIBUTIONS AND EXPENDITURES.

(F) [Time Restrictions On Candidate ]Fundraising; Officeholder Accounts.

(1) In this section terms have the same meaning as they have in Title 15 of the Texas Election Code. The term "officeholder account" means an account in which funds described by subsection (F)(2[4]) must be kept. "Officeholder" means the mayor or a council member.

[(2) An officeholder, a candidate for mayor or city council, or an officeholder's or candidate's committee may not solicit or accept a political contribution except during the last 180 days before an election for mayor or council member or in which an officeholder faces recall.

(3) Except as provided by subsection (F)(6),no later than the 90th day after an election, or if a candidate is in a runoff election no later than the 90th day after the runoff, a candidate or officeholder shall distribute the balance of funds received from political contributions in excess of any remaining expenses for the election:

(a) to the candidate's or officeholder's contributors on a reasonable basis (b) to a charitable organization, or (c) to the Austin Fair Campaign Fund.]

(2[4]) An unsuccessful candidate who, after an election, has unpaid expenses remaining, or who has unreimbursed campaign expenditures from personal funds that were made with the intent to seek reimbursement from political contributions, may solicit and accept political contributions after the election until the unpaid expenses are paid and the unreimbursed expenditures are reimbursed.

(3[5]) An officeholder who, after an election, has unpaid expenses remaining, or who has unreimbursed campaign expenditures from personal funds that were made with the intent to seek reimbursement from political contributions, may solicit and accept political contributions after leaving office until the unpaid expenses are paid and the unreimbursed expenditures are reimbursed. An officeholder may also pay the unpaid expenses and reimburse the unreimbursed expenditures from political contributions received during a subsequent campaign.

(4[6]) An officeholder may retain up to $20,000.00 of funds received from political contributions for the purposes of officeholder expenditures.

(5[7]) An officeholder shall keep funds retained under subsection (F)([6]4) in an account separate from any other funds including personal funds of the officeholder and any other political funds of the officeholder. The funds kept in an officeholder account may be used only for officeholder expenditures. The funds kept in an officeholder account may not be used for campaign expenditures. The funds kept in an officeholder account may not exceed $20,000.00 at any time.

(6[8]) When an officeholder leaves the council, the funds remaining in an officeholder account must be paid to the Austin Fair Campaign Fund.

ARTICLE IV. - INITIATIVE, REFERENDUM, AND RECALL.

§ 5. - BALLOT FORM AND RESULTS OF ELECTION.

The ballot used in voting upon an initiated or referred ordinance shall state the caption of the ordinance and below the caption shall set forth on separate lines the words, "For the Ordinance" and "Against the Ordinance," or other language and placement as permitted by the Texas Election Code.

§ 8. - RECALL BALLOT.

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 council member) be removed from the office of city council member?"

(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 council member)." "Against the recall of (name of council member)." (3) Other language and placement may be used as permitted by the Texas Election Code.

ARTICLE VII.- FINANCE. 

§ 3.- FISCAL YEAR.

The [fiscal year of the city which began on January 1, 1953, shall end on December 31, 1953. The next succeeding fiscal year shall begin on January 1, 1951, and end on September 30, 1951, and shall constitute an interim fiscal period. After September 30, 1951, the] fiscal year of the city shall begin on the first day of October and end on the last day of September of each calendar year. The fiscal year established by this section shall also constitute the budget and accounting year. As used herein, the term "budget year" shall mean the fiscal year for which any budget is adopted and in which it is administered. [All funds collected by the city during any fiscal year, including both current and delinquent revenues, shall belong to such fiscal year and, except for funds derived to pay interest and create a sinking fund on the bonded indebtedness of the city, shall be applied to the payment of expenses incurred during such fiscal year. Any revenues uncollected at the end of any fiscal year shall become resources of the next succeeding fiscal year.]

§ 5. - THE BUDGET DOCUMENT.

The budget for the city government shall present a complete financial plan for the ensuing fiscal year, and shall consist of[three parts as follows]:

[Part I shall contain:]

(1) A budget message, prepared by the city manager, which shall outline his or her proposed fiscal plan for the city and describe significant features of the budget for the forthcoming fiscal period;

(2) A general budget summary which, with supporting schedules, will show the relationship between total proposed expenditures and total anticipated revenues for the forthcoming fiscal period and which shall compare these figures with corresponding figures for the last completed fiscal year and the year in progress[.]:

[Part II shall contain:](3[1)Detailed estimates of all proposed expenditures showing the corresponding expenditures for each item for the current fiscal year and the last preceding fiscal year with explanations of increases or decreases recommended;

(4[2]) Detailed estimates of anticipated revenues and other income;

(5[3]) Delinquent taxes for current and preceding years, with the estimated percentage collectible; and

(6[4]) Statement of the indebtedness of the city, showing debt redemption and interest requirements, debt authorized and unissued, and conditions of the sinking funds.

(7)[Part III shall contain a] A proposed complete draft of the appropriation ordinance, the tax levying ordinance, and any other ordinances required to effectuate the budget.

§ 9.- DEPOSITORIES.

All monies received by any person, department, or agency of the city for or in connection with affairs of the city shall be deposited promptly in city depositories, which shall be designated by the council in accordance with state law [such regulations] and subject to such requirements as to security for deposits and interest thereon as may be established by ordinance. All checks, vouchers, or warrants for the withdrawal of money from the city depositories shall be signed by the director of finance or his or her deputy and countersigned by the city manager.

§ 11. - REVENUE BONDS.

The city shall have power to borrow money for the purpose of acquiring, constructing, [purchasing,] improving, extending, or repairing of public utilities, and for any other public purpose authorized by state law, provided such bonds shall be [recreational facilities or facilities for any other self liquidating municipal function not now or hereafter prohibited by any general law of the state, and to issue revenue bonds to evidence the obligation created thereby. Such bonds shall be a charge upon and] payable solely from designated sources, [the ]properties, or interest therein, acquired and the income therefrom, and shall never be a debt of the city. [All revenue bonds issued by the city shall first be authorized by a majority of the qualified electors voting at an election held for such purpose.] The council shall have authority to provide for the terms and form of any purchase agreement, contract, mortgage, bond or document desired or necessary for the issuance of revenue bonds and the acquisition and operation of any such property or interest.

§ 14.- SINKING FUND.

It shall be the duty of the council to levy an annual tax sufficient to pay the interest on and provide the necessary sinking fund required by law on all outstanding general obligation bonds of the city. The interest and sinking fund shall be deposited in a separate account and shall not be diverted to or used for any other purpose than to pay the interest and principal on such bonds. The sinking fund maintained for the redemption of any debt may be invested in accordance with state law[any interest bearing bonds of the United States government, the State of Texas, the County of Travis, or the City of Austin].

ARTICLE VIII. - TAXATION.

§ 1.-TAXES - ARREARS OF OFFSET TO DEBT AGAINST CITY.

No money shall be paid by the city upon any claim, debt, demand or account whatsoever to any person, firm or corporation who is in arrears to the City of Austin for taxes: and the city shall be entitled to counter-claim and offset against any such debt, claim, demand or account in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, [claim,] demand or account after the said taxes are due, shall affect the right of the city to so offset the said taxes against the same.

ARTICLE IX. - PERSONNEL.

§ 1.- CLASSIFIED CIVIL SERVICE.

(A) To the extent of any conflict with other provisions of this Charter, this article controls. [If another ballot proposition amending the previous Section 1 of this article is approved by the voters at the same election at which this section is adopted, this section supersedes and replaces the other amendment to Section 1, but does not supersede or replace other amendments to this article that were part of the other proposition.]

§ 5.- EMPLOYEES' RETIREMENT SYSTEM.

There shall be one or more[a] retirement systems for [the-]employees of the city established in accordance with state law[which shall be known as the employees' retirement system of the City of Austin. After the first six months of employment, all municipal employees except the mayor, members of the council, members of boards and commissions, employees of the fire department, and part time or temporary employees, shall become members of such system. Such system shall be governed by a board of directors composed of such members and selected in such a manner as may be provided by ordinance of the council, provided that classified employees shall have representation on the board. Such system shall be financed by a retirement fund created by contributions of the members and of the city, and the contributions by the city shall always be equal to or greater than the contributions of the members]. The benefits payable to any member upon retirement shall be based upon the amount of contributions made on behalf of such member[, and shall be determined on an actuarial basis]. Upon separation of any member from the service of the city before retirement, such member shall be entitled to receive only the amount of his or her contributions to the fund and interest thereon.

[Establishment of the employees' retirement system shall not preclude the council from merging such system with, or adopting, any voluntary statewide or national retirement system where the general benefits o f such merger or change are at least equal to those under the employees' retirement system. The council shall likewise not be precluded from consolidating any retirement system maintained by employees of the fire department with the employees' retirement system of the City of Austin under terms agreeable to both systems.]

ARTICLE X. - PLANNING.

§ 2. - THE PLANNING COMMISSION - ORGANIZATION.

There shall be established a planning commission which shall consist of citizens of the City of Austin who must be registered voters in the city and must have resided within the city for one year [next ]preceding their appointment. The planning commission shall have a number of members equal to the number of members on the council plus two additional members, a minimum of two-thirds of the members who shall be lay members not directly or indirectly connected with real estate and land development. The city manager, the chairperson of the zoning board of adjustment, the director of public works, or successor department, and the president of the board of trustees of the Austin Independent School District shall serve as ex officio members. The members of said commission shall be appointed by the council for a term of up to two years. The timing of appointments, as well as a process for removing commissioners prior to expiration of a term, shall be established by ordinance. The commission shall elect a chairperson from among its membership and shall meet not less than once each month. Vacancies in an unexpired term shall be filled by the council for the remainder of the term.