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JOE RUBIO PHOTO COURTESY OF VALLEY MORNING STAR
READ: Rubio requests election to amend Charter - Valley Morning Star
HARLINGEN CITY HALL
"THE DOPES"
HARLINGEN MAYOR AND CITY COMMISSIONERS
CLEM BOSWELL DANNY CASTILLO ROBERT LEFTWICH
MIKE MEZMAR JERRY PREPEJCHAL JOE TREVINO
THE REAL FACTS IN THE CASE FOR MAY OR NOVEMBER ELECTIONS STARTED AT THE NOVEMBER 02, 2011 HARLINGEN CITY COMMISSION MEETING
(see documents below)
(see documents below)
HARLINGEN CITIZENS LEADERSHIP COUNCIL: http://www.myharlingen.us/users/0001/docs/Specific_Purpose%20Committees.pdfCITY COMMISSION MINUTES-11/02/11:
CITY COMMISSION VIDEO-11/02/11:
CITY COMMISSION MINUTES-11/21/11:
http://www.myharlingen.us/users/0001/Minutes%202011/Minutes_112111_regmtg.pdf
CITY COMMISSION VIDEO-11/21/11:
TEXAS SENATE BILL 100 (QUESTIONS/ANSWERS) FROM TEXAS MUNICIPAL LEAGUE:http://www.tml.org/legal_pdf/SB100_qa.pdf
THE TEXAS CONSTITUTIONARTICLE 11. MUNICIPAL CORPORATIONS
Sec. 5. CITIES OF MORE THAN 5,000 POPULATION;
ADOPTION OR AMENDMENT OF CHARTERS; TAXES; DEBT RESTRICTIONS. (a) Cities having more than five thousand (5000) inhabitants may, by a majority vote of the qualified voters of said city, at an election held for that purpose, adopt or amend their charters. If the number of inhabitants of cities that have adopted or amended their charters under this section is reduced to five thousand (5000) or fewer, the cities still may amend their charters by a majority vote of the qualified voters of said city at an election held for that purpose. The adoption or amendment of charters is subject to such limitations as may be prescribed by the Legislature, and no charter or any ordinance passed under said charter shall contain any provision inconsistent with the Constitution of the State, or of the general laws enacted by the Legislature of this State. Furthermore, no city charter shall be altered, amended or repealed oftener than every two years.
TEXAS LOCAL GOVERNMENT CODETITLE 2. ORGANIZATION OF MUNICIPAL GOVERNMENT
SUBTITLE A. TYPES OF MUNICIPALITIES
CHAPTER 9. HOME-RULE MUNICIPALITY
Sec. 9.004. CHARTER AMENDMENTS. (a) The governing body of a municipality on its own motion may submit a proposed charter amendment to the municipality's qualified voters for their approval at an election. The governing body shall submit a proposed charter amendment to the voters for their approval at an election if the submission is supported by a petition signed by a number of qualified voters of the municipality equal to at least five percent of the number of qualified voters of the municipality or 20,000, whichever number is the smaller.(b) The ordinance ordering the election shall provide for the election to be held on the first authorized uniform election date prescribed by the Election Code or on the earlier of the date of the next municipal general election or presidential general election. The election date must allow sufficient time to comply with other requirements of law and must occur on or after the 30th day after the date the ordinance is adopted.(c) Notice of the election shall be published in a newspaper of general circulation published in the municipality. The notice must:(1) include a substantial copy of the proposed amendment;(2) include an estimate of the anticipated fiscal impact to the municipality if the proposed amendment is approved at the election; and(3) be published on the same day in each of two successive weeks, with the first publication occurring before the 14th day before the date of the election.(d) An amendment may not contain more than one subject.(e) The ballot shall be prepared so that a voter may approve or disapprove any one or more amendments without having to approve or disapprove all of the amendments.(f) The requirement imposed by Subsection (c)(2) does not waive governmental immunity for any purpose and a person may not seek injunctive relief or any other judicial remedy to enforce the estimate of the anticipated fiscal impact on the municipality.Sec. 9.005. ADOPTION OF CHARTER OR AMENDMENT. (a) A proposed charter for a municipality or a proposed amendment to a municipality's charter is adopted if it is approved by a majority of the qualified voters of the municipality who vote at an election held for that purpose.(b) A charter or an amendment does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the charter or amendment is adopted.Sec. 9.006. CONCURRENT ELECTIONS. This chapter does not prevent the voters at an election to adopt a charter or an amendment to a charter from electing at the same election persons to hold office under the charter or amendment.Sec. 9.007. CERTIFICATION OF CHARTER OR AMENDMENT. (a) As soon as practicable after a municipality adopts a charter or charter amendment, the mayor or chief executive officer of the municipality shall certify to the secretary of state an authenticated copy of the charter or amendment under the municipality's seal showing the approval by the voters of the municipality.(b) The secretary of state shall file and record the certification in his office in a book kept for that purpose.Sec. 9.008. REGISTRATION OF CHARTER OR AMENDMENT; EFFECT. (a) The secretary or other officer of a municipality performing functions similar to those of a secretary shall record in the secretary's or other officer's office a charter or charter amendment adopted by the voters of the municipality. If a charter or amendment is not recorded on microfilm, as may be permitted under another law, it shall be recorded in a book kept for that purpose.(b) Recorded charters or amendments are public acts. Courts shall take judicial notice of them, and no proof is required of their provisions.
THE HARLINGEN CITY CHARTERARTICLE III. ELECTIONSSECTION 1. REGULAR AND SPECIAL ELECTIONS
Regular municipal elections of the city of Harlingen to elect a Mayor and/or City Commissioners shall be held in May in accordance with applicable state law. All other municipal elections provided for in this Chapter or by state or federal law shall be special elections. All special elections shall be called for dates in accordance with state election laws.
THE HARLINGEN CITY CHARTER
ARTICLE XII. GENERAL PROVISIONSSECTION 2. AMENDMENTS TO CHARTER
This charter, after its adoption, may be amended in accordance with the provisions of Chapter 9, Texas Local Government Code as amended. (see chapter 9 Texas Local Govt Code above)
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