The City of Harker Heights will have a Special Election to amend the City Charter on November 5, 2024. This will be a Joint Election with Bell County.
For more information on the November 5th election, visit the Bell County Elections Department website: https://www.bellcountytx.com/departments/elections/
Extension of City Limits by the City Council
Shall Section 2.05 of the Charter of the City of Harker Heights be amended to provide that any annexation or relinquishment of territory by the City Council be conducted in accordance with state law?
Eminent Domain
Shall Section 2.08 of the Charter of the City of Harker Heights be amended to provide that the City may exercise the power of eminent domain as authorized by the Constitution and laws of the State of Texas deleting language adopted from a repealed State statute?
Section 2.08 Eminent Domain.
The City shall have the full 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. In all cases where the City seeks to exercise the power of eminent domain, it may be controlled, as nearly as practicable, by the laws governing the condemnation of property of railroad corporations in this State, the City taking the position of the railroad corporation in any such case. The City may also exercise the power of eminent domain in any other manner now or hereafter 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. 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, shall have, and possess this power of condemnation of property within or without the corporate limits for any municipal or public purpose, even though not specifically enumerated herein or in this charter.
Explanation:
The present version of the charter contains language from a repealed civil statute. The proposed amendment deletes that language and clarifies that the power of eminent domain may be exercised in accordance with state law. The amendment will continue to authorize such powers as are consistent with state law as it may be changed from time to time. It is estimated there would be no financial impact on the City of Harker Heights should Proposition C pass.
Street Improvements
Shall Section 2.10 of the Charter of the City of Harker Heights be amended to make reference to current state law relating to municipal streets deleting reference to repealed state law?
Section 2.10 Street Improvements.
The City of Harker Heights 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, repaving, raising, draining, or otherwise. The provisions of Chapter 106, Fortieth Legislative, First Called Session, Acts 1927, being article 1105b, Vernon's Annotated Civil Statutes of Texas, Texas Title 6, Subchapter E of the Texas Transportation Code applicable to home rule cities as the same are from time to time amended, together with existing amendments and all such amendments as hereafter may be made, and acts supplementary thereto, now or thereafter enacted, are expressly adopted and made a part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the City shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of, all utility pipes, lines, wires, or other property.
Explanation:
The current version of Section 2.10 contains a reference to a repealed civil statute. The proposed amendment changes the reference to current state law. It is estimated there would be no financial impact on the City of Harker Heights should Proposition D pass.
Nuisances
Shall Section 2.15 of the Charter of the City of Harker Heights be amended to reflect the City’s power to regulate nuisances as provided by state law?
Section 2.15 Nuisances.
The City of Harker Heights shall have the power to define and regulate any nuisance which may be created or occur within the City of Harker Heights or outside of the City within five thousand feet of the City limits of the City of Harker Heights in accordance with state law.
Explanation:
State law authorizes the City to define and regulate any nuisance which may occur within the City or within five thousand feet of the City limits. This proposed amendment more clearly reflects current state law. It is estimated there would be no financial impact on the City of Harker Heights should Proposition E pass.
Qualifications
Shall Section 3.03 of the Charter of the City of Harker Heights be amended to delete the language disqualifying the Mayor or any councilmembers from service if the same are in arrears in the payment of any taxes or other liability due to the City to bring Section 3.03 into compliance with federal case law?
Section 3.03 Qualifications.
The Mayor and each of the councilmembers, and any other elective officers, shall be a citizen of the United States of America, and a qualified voter of the State of Texas;, shall reside within the corporate limits of the City of Harker Heights; and shall not be in arrears in the payment of any taxes or any other liability due the City or be disqualified by reason of provisions of any other section of this charter or state law. A member of the council ceasing to possess any of the qualifications specified in this section, or any other section of this charter, or convicted of a felony while in office shall immediately forfeit his office.
Explanation:
Federal case law has found that disqualification from office because of arrearage in payment of taxes or other liability is not rationally related to a government interest and is not enforceable. This amendment removes this provision from the qualifications for office. Also, Texas state law has separate requirements for eligibility and disqualification. While there is some overlap, this would be a good time to add a requirement that the Mayor and councilmembers must be qualified under state law. It is estimated there would be no financial impact on the City of Harker Heights should Proposition F pass.
Qualifications
Shall Section 3.03 of the Charter of the City of Harker Heights, entitled “Qualifications,” be amended to require that the Mayor and councilmembers not be disqualified from office by reason of state law?
Section 3.03 Qualifications.
The Mayor and each of the councilmembers, and any other elective officers, shall be a citizen of the United States of America, and a qualified voter of the State of Texas;, shall reside within the corporate limits of the City of Harker Heights; and shall not be in arrears in the payment of any taxes or any other liability due the City or be disqualified by reason of provisions of any other section of this charter or state law. A member of the council ceasing to possess any of the qualifications specified in this section, or any other section of this charter, or convicted of a felony while in office shall immediately forfeit his office.
Explanation:
Federal case law has found that disqualification from office because of arrearage in payment of taxes or other liability is not rationally related to a government interest and is not enforceable. This amendment removes this provision from the qualifications for office. Also, Texas state law has separate requirements for eligibility and disqualification. While there is some overlap, this would be a good time to add a requirement that the Mayor and councilmembers must be qualified under state law. It is estimated there would be no financial impact on the City of Harker Heights should Proposition G pass.
City Attorney
Shall Section 3.10 of the Charter of the City of Harker Heights be amended to provide that the City Attorney, or other attorney authorized by the City Council directly or by agreement, shall represent the City in all litigation?
Section 3.10 City Attorney.
The City Council shall appoint a competent and duly licensed attorney who shall be its City Attorney. He/she shall receive for his/her services such compensation as may be fixed by the council and shall hold his/her office at the will of the City Council and until his/her successor is appointed.
The City Attorney, or other attorney authorized by the City Council directly or by agreement, shall represent the City in all litigation. He/she shall be the legal advisor of and attorney and counsel for the City and all officers and departments thereof.
Explanation:
The current version of Section 3.10 of the Charter provides that the City Attorney will represent the City in all litigation. For many years, the City has entered into an agreement with the Texas Municipal League Intergovernmental Risk Pool relating to liability and other claims against the City. As a part of that agreement, TMLIRP provides defense attorneys in the event the City is sued for a covered claim. This amendment would clarify that the City may be represented in litigation by the City Attorney or other attorney that may be authorized directly or through an agreement (with TMLIRP or an insurance carrier). It is estimated there would be no financial impact on the City of Harker Heights should Proposition H pass.
Notice of Public Hearing on Budget
Shall Section 5.05 of the Charter of the City of Harker Heights be amended to provide that a notice of public hearing on the budget shall be in accordance with the provisions of state law?
Section 5.05 Notice of Public Hearing on Budget.
At the meeting of the council at which the budget is submitted, tThe City cCouncil shall fix the time and place of a public hearing on the budget and shall cause to be published a notice of the hearing setting forth the time and place thereof in accordance with state law. at least five days before the date of hearing.
Explanation:
The Legislature has made a number of changes to the budgetary process over the last few sessions. This amendment would provide that the public hearing on the budget shall be conducted in accordance with state law as it may be changed from time to time. It is estimated there would be no financial impact on the City of Harker Heights should Proposition I pass.
Date of Final Adoption
Shall Section 5.08 of the Charter of the City of Harker Heights be amended to provide that the date of final adoption of the City budget shall be as provided by state law?
Section 5.08 Date of Final Adoption: Failure to Adopt.
The date of final adoption of the budget shall be as provided by state law. The budget shall be finally adopted not later than the twenty-seventh day of the last month of the fiscal year. Should the council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the council.
Explanation:
Section 5.08 currently requires that the budget be adopted not later than the twenty-seventh day of the last month of the fiscal year and provides that the budget submitted by the City Manager will be automatically deemed to have been adopted if that deadline is not met. Given the changes to the budgetary process made by the Legislature over the last several sessions, the proposed amendment would provide that the date of final adoption shall be as provided by state law. It is estimated there would be no financial impact on the City of Harker Heights should Proposition J pass.
Municipal Elections
Shall Section 7.01 of the Charter of the City of Harker Heights be amended to reflect that the timing and means for holding any special election called by the City Council must be in accordance with state law?
Section 7.01 Municipal Elections.
The regular election for the choice of members of the council, as provided in Section 3.01 of Article III of this charter, and all City elections shall be governed, except as otherwise provided by this charter, by the laws of the State of Texas governing general and municipal elections. The council may by resolution order a special election, fix the time for holding same, and provide all means for holding such special election in accordance with state law. In event there should be any failure of the general laws or this Charter to provide for some feature of the City elections, then the City Council shall have the power to provide for such deficiency. No informalities in conducting a City election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the charter and ordinances of the City.
Explanation:
The Texas Election Code provides for uniform election dates in May and November. The Election Code also authorizes some very limited exceptions. Additionally, the Election Code is amended from time to time. This amendment to Section 7.01 would simply provide that the ordering of special elections is as authorized by state law. It is estimated there would be no financial impact on the City of Harker Heights should Proposition K pass.
How to Get Name on Ballot
(a) Shall Section 7.03 of the Charter of the City of Harker Heights be amended to provide that any qualified person seeking to have his or her name placed on the official ballot as a candidate for Mayor or councilmember must provide an application with the City Clerk as may be required by the provisions of the Texas Election Code?
Section 7.03 How to Get Name on Ballot.
a. Any qualified person may have his or her name placed on the official ballot as a candidate for Mayor or councilmember at any election held for the purpose of electing a Mayor or councilmember by filing with the Mayor or City Clerk an application as may be required by the provisions of the Texas Election Code, as the same from time to time may be amended. at least thirty (30) days prior to the date of election a sworn application in substantially the following form:
“I , do hereby declare that I am a candidate for the office of (designate office and place if appropriate) and request that my name be printed upon the official ballot for that particular office in the next City election. I am years of age, a qualified voter of the State of Texas, and a bona fide resident of the City of Harker Heights. I am not in arrears in the payment of any taxes or other liability due the City; nor am I otherwise disqualified or ineligible to serve on the City Council if elected. I reside at , Harker Heights, Texas.”
Explanation:
(a) The Texas Election Code sets out the method of making application for public office and the information that must be provided. It is estimated there would be no financial impact on the City of Harker Heights should Proposition L pass.
How to Get Name on Ballot
(b) Shall Section 7.03 of the Charter of the City of Harker Heights be amended to provide that a qualified person desiring to become a candidate for Mayor or councilmember must pay a filing fee of One Hundred Dollars ($100.00) or, in lieu of a filing fee, file a petition signed by the greater of twenty-five (25) qualified voters or one-half of one percent of the total vote received in the City of Harker Heights from which the office is elected by all candidates for Mayor in the most recent mayoral general election prior to the filing deadline providing for review and ability to file a timely corrected petition, if necessary?
Section 7.03 How to Get Name on Ballot.
b. Any qualified person who desires to become a candidate for Mayor or a councilmember shall, in addition to the sworn application described herein, pay a filing fee of One Hundred Dollars ($100.00) or file a petition in lieu of filing fee, in compliance with Chapter 141 of the Texas Election Code, signed by the greater of twenty-five (25) qualified voters or one-half of one percent of the total vote received in the City from which the office is elected by all candidates for Mayor in the most recent mayoral general election prior to the filing deadline. In the event a petition in lieu of filing fee is filed with the City Clerk, the City Clerk shall, within five days after such petition is filed, notify the candidate whether the petition satisfies the requirement of law. If the petition is found insufficient, the City Clerk will return it immediately to the person who filed it with a statement certifying its insufficiency. Within the regular filing period, a corrected petition in lieu of filing fee may be filed for the same candidate.
Explanation:
(b) To offset administrative costs, this amendment requires a candidate for Mayor or Councilmember to file a One Hundred Dollar filing fee. In lieu of paying the filing fee, the candidate may file a petition complying with Chapter 141 of the Texas Election Code, causing no other financial impact on the City of Harker Heights should Proposition M pass.
Runoff Elections
Shall Section 7.06 of the Charter of the City of Harker Heights be amended to provide that references to “City Secretary” shall be changed to “City Clerk?”
Section 7.06 Runoff Elections.
(a) Candidates. If no candidate for a place on the City Council receives a majority of votes cast for that place, the Mayor of the City shall, according to state law, issue a call for a second election to be held on the day as authorized by state law. The two candidates receiving the highest number of votes for a given place shall gain a place on the runoff election. Tie candidates in the general election shall be treated as specified by state law.
(b) Ballot. The official ballot to be used at the runoff election shall be prepared by the City Clerk Secretary. The order on the ballot shall be determined by a drawing.
(c) Withdrawal. If either candidate in a run-off shall withdraw, that candidate shall make a request to the City Clerk Secretary as specified by state law. If a runoff candidate withdraws, the remaining candidate is considered to be elected and the runoff election for that place is not held.
Explanation:
For consistency, City “Secretary” is changed to City “Clerk”. The remainder of Section 7.06(b) is changed to require that the ballot be prepared in accordance with state law. It is estimated there would be no financial impact on the City of Harker Heights should Proposition N pass.
Article VIII
Shall all references to the term “elector” or “electors” in Article VIII of the Charter of the City of Harker Heights be changed to “qualified voter” or “qualified voters,” respectively, as the term “qualified voter” is defined in the Texas Election Code?
Article VIII.
Proposed change all references to the term “elector” or “electors” to “qualified voter” or “qualified voters.”
Explanation:
Article VIII of the Charter currently refers to the term “electors”. The Texas Election Code (§11.002) defines and makes use of the term “qualified voters.” This amendment would bring the Charter language in line with that used in the Texas Election Code. This will affect Sections 8.01, 8.02, 8.03, 8.04, 8.06, 8.08, 8.09, 8.10, 8.11, 8.13, 8.14, and 8.19. It is estimated there would be no financial impact on the City of Harker Heights should Proposition O pass.
Power or Initiative
Shall Section 8.01 of the Charter of the City of Harker Heights be amended to provide that a petition submitting an initiative ordinance must be signed by at least ten (10) percent of the total number of registered voters in the City of Harker Heights as shown on the then-existing voter registration rolls?
Section 8.01 Power of Initiative.
The qualified voters 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 its polls, such power being known as the initiative. Any initiative ordinance may be submitted to the council by a petition signed by qualified voters electors of the City of Harker Heights equal in number to at least twenty-five ten (10) percent of the total registered voters in the City of Harker Heights as shown on the then-existing voter registration rolls maintained by the Bell County Elections Department number of votes cast at the last regular municipal election.
Explanation:
Brings the City’s current Charter language in closer alignment to charters of other cities. It is estimated there would be no financial impact on the City of Harker Heights should Proposition P pass.
Power of Referendum
Shall Section 8.02 of the Charter of the City of Harker Heights be amended to provide that a petition seeking a referendum election on a City ordinance must be signed by at least ten (10) percent of the total number of registered voters in the City of Harker Heights as shown on the then-existing voter registration rolls?
Section 8.02 Power of Referendum.
The qualified voters 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 qualified voters electors, such power being known as the referendum, except in cases of bond ordinances and ordinances making the annual tax levy or annexing or de-annexing additional territory. 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 twenty calendars days after the enactment by the council of any ordinance which is subject to a referendum, a petition signed by qualified voters electors of the City of Harker Heights equal in number to at least twenty-five ten (10) percent of the total number of registered voters in the City of Harker Heights as shown on the then-existing voter registration rolls maintained by the Bell County Elections Department votes cast at the last preceding regular municipal election may be filed with the City Clerk requesting that any such ordinance be either repealed or submitted to a vote of the qualified voters electors.
Explanation:
Brings the City’s current Charter language in closer alignment to charters of other cities. It is estimated there would be no financial impact on the City of Harker Heights should Proposition Q pass.
Form of Petitions, Committee of Petitioners
Shall Section 8.03 of the Charter of the City of Harker Heights be amended to reflect that any petition for initiative or referendum comply with and contain such information as is required by Chapter 277 of the Texas Election Code?
Section 8.03 Form of Petitions; Committee of Petitioners.
Initiative petition papers shall contain the full text of the proposed ordinance. All petitions for initiative or referendum must comply with and contain such information as required by Chapter 277 of the Texas Election Code. 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 his/her name in ink or indelible pencil and shall indicate after his/her name his/her place of residence by street and number, or other description sufficient to identify the place. There shall appear on each petition the names and addresses of five qualified voters 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 he/she and he/she only, personally circulated the foregoing paper, that it bears a stated number of signatures, that all signatures appended thereto were made in his/her presence, and that he/she believes them to be the genuine signatures of the persons whose names they purport to be.
Explanation:
Chapter 277 of the Texas Election Code provides that petitions for initiative or referendum must comply with the provisions of Chapter 277. This amendment is added to clarify this requirement. It is estimated there would be no financial impact on the City of Harker Heights should Proposition R pass.
Filing, Examination, and Certification of Petitions
Shall Section 8.04 of the Charter of the City of Harker Heights be amended to provide that the City Clerk shall have thirty days after a petition for initiative or referendum is filed to determine whether each paper of the petition has a proper statement of the circulator and whether the petition is signed by sufficient number of qualified voters?
Section 8.04 Filing, Examination, and Certification of Petitions.
All petition papers comprising an initiative or referendum petition shall be assembled and filed with the City Clerk as one instrument. Within ten thirty days after the 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 voters 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 his/her examination of the petition, the City Clerk shall certify the result thereof to the council at its regular meeting. If he/she shall certify that the petition is insufficient he/she shall set forth in his/her certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his/her findings.
Explanation:
It has proven difficult to determine the validity of signatures in such a petition in a period of ten days. It is estimated there would be no financial impact on the City of Harker Heights should Proposition S pass.
Submission to Qualified Voters
Shall Section 8.08 of the Charter of the City of Harker Heights be amended to provide that any election called by the City Council on a proposed or referred ordinance (petition for initiative or referendum) be submitted to an election at the next uniform election date authorized by the Texas Election Code?
Section 8.08 Submission to Qualified Voters Electors.
If the council shall fail to pass an ordinance proposed by the initiative petition or shall pass it in a form different than set forth in the petition thereof, or if the council fails to repeal a referred ordinance, the proposed or referred ordinance shall be submitted to the qualified voters electors at the next uniform election date authorized by the Texas Election Code. The council may, in its discretion, and if no regular election is to be held within such period shall, provide for a special election if provided by state law.
Explanation:
Section 8.08 presently contains language that may be in conflict with the election date requirements of the Texas Election Code. The proposed amendment to Section 8.08 provides that an election on an initiative petition shall be submitted at the next uniform election day in a manner complying with the Texas Election Code. It is estimated there would be no financial impact on the City of Harker Heights should Proposition T pass.
Recall Petitions
Shall Section 8.14 of the Charter of the City of Harker Heights be amended to provide that a recall petition must be signed by at least fifteen percent (15%) of the total number of registered voters of the City of Harker Heights as shown on the then-existing voter registration rolls?
Section 8.14 Recall Petitions.
The recall petition to be effective must be returned and filed with the City Clerk within thirty days after the filing of the affidavit required in Section 8.13 of this article and it must be signed by qualified voters electors of the City of Harker Heights equal in number to at least fifty-one fifteen percent (5115%) of the total number of votes cast in the last regular municipal election total registered voters in the City of Harker Heights as shown on the then-existing voter registration rolls maintained by the Bell County Elections Department; provided however, that the petition shall conform to the provisions of Section 8.03 of this article. No petition papers shall be accepted as part of petition unless it bears the signature of the City Clerk as required in Section 8.13 of this article.
Explanation:
Brings the City’s current Charter language in closer alignment to charters of other cities. It is estimated there would be no financial impact on the City of Harker Heights should Proposition U pass.
Ownership, Control and Use of Real and Public Property of the City
Shall Section 9.01 of the Charter of the City of Harker Heights be amended to reflect that no franchise or easement involving the right to use the streets, highways, alleys, parks, public places, or other real property of the City shall be valid unless expressly granted by the City in compliance with the Charter and ordinance of the City as well as state and federal law?
Section 9.01 Ownership, Control and Use of Real and Public Property of the City.
The ownership, right of control and use of the streets, highways, alleys, parks, public places and all other real property of the City is hereby declared to be inalienable, except by ordinances not in conflict with the general laws of the State of Texas, duly enacted by the City Council of the City. No franchise or easement involving the right to use same, either along, across, over or under the same, shall ever be valid, unless expressly granted and exercised in compliance with the terms hereof, and of the ordinances granting the same as well as state and federal law. No act or omission of the City, its City Council, officers or agents shall be construed to confer or extend by estoppel or indirection, any right, franchise or easement not expressly granted by ordinance.
Explanation:
The proposed amendment simply recognizes that state or federal law may impact the use of such rights of way. It is estimated there would be no financial impact on the City of Harker Heights should Proposition V pass.
Charter Amendment
Shall Section 10.03 of the Charter of the City of Harker Heights be amended to provide that any Charter amendment election be in compliance with state law?
Section 10.03 Charter Amendment.
a. Proposal of Amendment. Amendments to this charter may be framed and proposed:
b. Upon delivery to the City election officials of a proposal meeting the above requirements, an election shall be held on that proposal in accordance with state law.
c. Notice of such election shall be published in accordance with state law. Such elections shall be announced on the same day of each of two successive weeks in one or more newspapers published in Bell County and of general circulation in the City at least 30 days prior to the date of the election. This announcement shall include a substantial copy of the proposed amendment or amendments.
d. The election shall be held in accordance with state law. not less than 60 days nor more than 120 days after the adoption of the ordinance, approval of the report of the Charter Commission by the City Council, or the final determination of the sufficiency of the petition proposing the amendment or amendments.
e. If no regular election is to be held during this period, the council shall call a special election on the proposed amendment or amendments. Otherwise, the holding of a special election shall be within the discretion of the council.
fe. The form of the ballot shall be similar to that specified in Section 8.09.
Explanation:
State law provides a process for publication and holding of an election for a charter amendment. This amendment would simplify and confirm that such charter amendment shall be considered, publicized and placed before the qualified voters in accordance with state law. It is estimated there would be no financial impact on the City of Harker Heights should Proposition W pass.