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1. What is Home Rule?

Home Rule is the privilege citizens have at the grass roots level to manage their own governmental affairs with minimal interference from the State. Home Rule assumes that government issues should be solved at the level closest to the people.

The City of Garden Ridge is currently a General Law City governed by the laws of the State of Texas. Since the City has grown to over 5,000 inhabitants, the Texas Constitution allows the City to establish its own rules for municipal government by adopting a Home Rule Charter. The City would still be subject to statutory and Constitutional constraints, but the powers available to the City through the Charter would be greatly expanded up to the limits set in the Charter, not by State law.

2. What is the Difference between Home Rule Cities and General Law Cities?

Home Rule cities operate in an inverse manner from General Law cities in that their power is derived expressly from their Charter, instead of State law. If a General Law City is not granted the express or implied power by the State to initiate a particular action, none may be taken.

There are numerous distinctions between a Home Rule City and a General Law City. The following are a few distinctions that tend to receive the most attention amongst cities considering transition to Home Rule:

1. Home Rule is self-governance in its ultimate form. The Charter is written by the citizens, adopted by the citizens, and defines the local government. The community prepares its Charter based on community norms, values, and priorities. Unlike the general laws of the State, which may address a multitude of conditions faced in many Texas communities, Home Rule cities define for themselves how they want to be governed.

2. Home Rule communities have a variety of tools available to manage the affairs of city government. The Charter provides a local response to the form of government desired by citizens; defines the structure of city government; establishes controls over city finances; and limitations on the powers of city government.

3. Initiative, Referendum, and Recall are three separate facets of direct democracy reserved for exclusive use by local voters that provide direct remedies in unusual situations. These powers are unique to Home Rule cities and not available to voters at any other level of government.

• An initiative petition asks the City Council to act on a specific issue when it has not done so previously. If valid, the Council must adopt the petition or submit it to a vote of the people.
• A referendum petition asks the City Council to reverse an action already taken or proposed. The Council can rescind the ordinance that is the subject of the referendum petition or submit it to a vote of the people.
• A recall petition asks the City Council to call an election for a vote to remove one or more Councilmembers and/or the Mayor from office. The elected official may resign or stand for the recall election.

4. As communities grow, they must deal with increasingly complex issues and require flexibility in addressing those issues. The Home Rule Charter provides the flexibility to address the complexity of local government. The vast majority of Texas cities that have reached the required threshold have elected to pursue their own Home Rule Charter rather than to remain a General Law City.

5. Once a Charter is adopted, the citizens retain control over the Charter through the amendment process. This ensures the citizens are always in a position to determine the form, power, and authority of their city government.

3. What is a City Charter?

Home Rule cities are required to write and adopt a Charter. The Charter, for all practical purposes, is a municipal Constitution that is written and adopted by the citizens of the Home Rule city via an election. The Charter defines, grants, and limits the powers, duties, and responsibilities of local government based on local preferences and desires. The citizens determine the necessary controls over their city government such as elections, referendums, initiatives, and recall. Essentially, the City Charter describes and defines local government based on local preferences and controls as opposed to general laws which have been written by the Texas legislature.

4. What is the Charter Commission?

The Charter Commission was created by City Council in October 2022 to draft a proposed Home Rule Charter for the City of Garden Ridge. The members received guidance from Attorney Charlie Zech, Mayor Robb Erickson, City Administrator Nancy Cain, and City Secretary Marisa Spencer. The Charter Commission is composed of the following members:

• Nadine Knaus - Chair
• Shawn Willis - Vice-Chair
• Armando Diaz
• Autumn Flanagan
• Johnell Holly
• Wayne Mudge
• Jim Sturch
• Elizabeth Templeman
• Dianna Tillery

5. How would changing to Home Rule affect me?

Changing to Home Rule will not impact your daily life, but does impact citizen control, interest, involvement, and pride in municipal government. Home Rule creates a government framework that will ensure the City grows strategically and to the standards of the community. Home Rule helps set the foundation for more government efficiency, more revenue-generating options, and more control over land use, which provide long-term benefits to the community.

6. Are there disadvantages to changing to Home Rule?

The only potential disadvantage to becoming Home Rule is if the Charter is not written well. Residents can ensure the Charter is written well by serving on the Charter Commission and/or providing feedback to the Charter Commissioners.

7. What are the Major Provisions of the City Charter for Garden Ridge?

The Charter Commission desired to create a Charter which maximizes local control over City governance, minimizes changes to existing structure, and creates new opportunities for local control.

• View the Letter from the Mayor here.
• View the proposed City of Garden Ridge City Charter here.
• View the Charter Commission's Presentation here.

Major Provisions-General

Form of Governance: City Council-Manager

Powers of the City: All powers and rights of “self-government and home rule that exist now or may be granted to municipalities by the Constitution and State of Texas”

Major Provisions-City Council

City Council Composition – same as current

• Mayor and five City Council Members
• Mayor elected at large
• City Council Members elected at large but by Place 

Terms – same as current

• 2 years

Vacancies – same as current

• 1 vacancy – appointment by Council or special election
• 2 or more vacancies – special election

Mayor and Mayor Pro-Tempore – same as current

• Mayor may participate in discussion
• Mayor only votes in event of a tie

Meetings and Quorum  - same as current

Passage of Ordinances

• Some minor administrative procedural differences relative to processing
• If Mayor disagrees with an Ordinance, Mayor may file a statement of written objections requesting Council reconsider the vote on the ordinance - new

Investigations

• City Council may “initiate an investigation into the affairs of the city and the conduct of any city department, office, or agency” - new
• City Council may only “deal with City Officers and employees solely through the City Manager” – consistent with existing City Ethics Ordinance

Major Provisions-Departmental Services

Establishes office of City Manager

• Responsibilities similar to and consistent with those currently authorized by City Council for the City Administrator
• Responsible for “administration of the affairs of the City”
• Council appoints and may be removed by a vote of the majority of the full City Council

Establishes Municipal Court

Establishes City Attorney

Other offices as determined upon a recommendation of City Manager and approval of the City Council – same as current process

Major Provisions-Nominations and Elections

Provisions consistent with current practices and procedures

• Must be in accordance with State Law – same as current
• Elections decided by who gets the most votes – same as current
• Elected official takes office after canvass and upon taking the oath of office – same as current process

Major Provisions-Recall, Initiative, and Referendum

Recall, Initiative, and Referendum are new authority granted to citizens. These provisions are not available to General Law Cities. See "What is Recall, Initiative, and Referendum?" for detailed information.

General and Legal Provisions and Transitional Provisions

Standard legal provisions on severability and wording interpretations

Disaster Clause – new

• Provides details for the handling of a disaster situation in which “a legal quorum of the City Council cannot otherwise be assembled due to multiple deaths or injuries”

Transitional Provisions

• Charter effective upon adoption by the voters
• All elected officers continue to fill those offices
• All ordinances remain in effect

8. What is Recall, Initiative, and Referendum?

Recall, Initiative, and Referendum are new authority granted to citizens. These provisions are not available to General Law Cities.

Major Provisions-Recall

• “Any elected City official shall be subject to recall and removal from office by the registered voters of the City on the grounds of incompetency, misconduct or malfeasance in office.”
• Requires a petition signed by 25% of “those registered to vote at the City’s last general election”
• Provides specific details relative to the form of the petition, review of signatures and legal sufficiency of the petition by the City Secretary, and presentation to Council
• If City official does not resign, City Council must order an election and set date for recall election
• City official has the right to request a public hearing to state their response to the petition prior to the election
• Provides specific details relative to the recall ballot
• Requires majority of voters to recall or not recall
• No recall may be ordered 6 months after an elected official takes office or 6 months before the elected official’s term expires

Major Provisions-Initiative

• Registered voters may “initiate legislation by submitting a petition addressed to the City Council that requests the submission of a proposed ordinance to a vote of the registered voters of the City”
• Requires a petition signed by 20% of the “voters registered to vote in the previous City’s general election”
• Details as to the form of the petition and the proposed legislation
• Once City Secretary has verified signatures and deemed the petition is legally sufficient, Council must put proposed legislation on the agenda at next regularly scheduled City Council meeting
• If City Council does not approve legislation/ordinance, the City must call a special election for next uniform election date
• Details as to the form of the ballots, consistency between ordinances on the ballot and when such ordinances can be reconsidered

Major Provisions-Referendum

• Registered voters may “require that any ordinance passed by the City Council and subject to the initiative process under this Charter be submitted to the voters of the City for approval or disapproval, by submitting a petition for this purpose with sixty (60) days after final passage of said ordinance.”
• Requires a petition signed by 20% of the “voters registered to vote in the previous City’s general election”
• Details as to the form of the petition 
• Once City Secretary has verified signatures and deemed the petition is legally sufficient, Council must put ordinance on the agenda at next regularly scheduled City Council meeting for reconsideration
• If City Council does not repeal the ordinance, the City must call a special election for the next uniform election date
• Details as to the form of the ballots, consistency between ordinances on the ballot and when such ordinances can be reconsidered
• Ordinance provisions to be suspended pending the vote

9. When is Early Voting?

Early Voting will be conducted at Garden Ridge City Hall on the following dates/times:

• Monday, April 24th through Friday, April 28th: 8am to 6pm
• Saturday, April 29th: 10am to 4pm
• Monday, May 1st and Tuesday, May 2nd: 7am to 7pm

Visit the Elections Page for additional information.

10. When is Election Day?

Election Day is Saturday, May 6th from 7am to 7pm. View Election Day Polling Locations Here.