Nacogdoches*# the oldest own in Texas February 1008 Dear Candidate: On behalf of the City of Nacogdoches, I would like to thank you for expressing interest in our community through service on the Nacogdoches City Commission. The following, packet provides a brief overview of your responsibilities as a candidate for elective office per state law. It also provides a quick look at the City’s budget, and some of the policies, rules and regulations the Commission operates under. The City Commission mects on the I and 3" Tuesday of each month at 5:30 p.m. in the City Hall Commission Chambers. The Commission meetings are subject to the Texas Open Meetings Act, which requires that 72 hours notice be given before any meeting. ‘The Mayor is required to attend all meetings when possible. I extend an invitation to attend any of the upcoming ‘Commission meetings. would also like to take this opportunity to emphasize the role of City staff during the election. ‘The International City Management Association Code of Ethies states that managers “refrain from participation in the election of the members of the employing legislative body, and from all partisan political activities which would impair performance as a professional administrator.” To that end City staff will not be involved in the clection other than to provide information that is requested by candidates. If any candidate requests information, that same response will be provided to all candidates. If you would like any information from the City | would encourage you to call my office and we will do what we can to accommodate your request in a timely fashion. Sincerely. Tim Jeffers City Manager City of Nacogdoches » 202 E. Pilar - RO. Drawer 635030 + Nacogdoches, TX 75963 (936) 859-2502 + Fax (936) 559-2912. www.ci.nacogdoches.tx.us Hore of Stephen F. Austin State University www sfasu.eduCandidate Packet City Commission Election Contents: « City Secretary contact information * Election calendar for May 10, 2008 = Candidate requirements and information " Application for place on the ballot « Charter qualification compliance statement * Fair Campaign Practice Act « Form CFCP — Code of Fair Campaign Practices « Form CTA — Appointment of Campaign Treasurer * Form CTA Instruction Guide « Form ACTA — Amended Appointment of a Campaign Treasurer by a Candidate * Form ACTA — Instruction Guide = Sources of Information on Elections = Law on placement of campaign signs «= Form C/OH — Campaign Finance Report = Form C/OH Instruction Guide = Charter of the City of Nacogdoches = City 2007-2008 Budget OverviewNacogdoches# the 08 town in Texas Lila Fuller, TRMC. The City of Nacogdoches City Secretary 202 E. Pilar, Room 315, P.O. Box 635030 ‘Nacogdoches, TX 75963-5030 Office: (986) 559-2504 % Fax: (936) 559-2912 www.ci.nacogdoches.tx.us + Hfuller@ci.nacogdoches.tx.us2008 ELECTION CALENDAR Regular Election February 9 First day to file for place on ballot March 10 Last day to file for place on ballot March 11 First day to apply for early voting by mail March 12-14 Recommended dates for drawing of ballot positions. (City Secretary's office ~ 202 E. Pilar Street, Room 315) March 18 Last day for candidate to withdraw and have name omitted from ballot April 10 First campaign contributions/expenditures report due April 10 Last day to register to vote for this election April 25 Last day to receive mail ballot application in person April 28 First day of early voting by personal appearance May 2 Last day to receive mail ballot application by mail May 2 Second campaign contribution/expenditures report due May 6 Last day of early voting by personal appearance May 7-9 Period of emergency early voting due to death in family on or after May 5. May 7-10 Period of emergency early voting due to sickness or disability originating on or after May 1. May 10 Election Day 7:00 a.m. to 7:00 p.m. 4/10/2008 Report covers the period from date your campaign treasurer was appointed through 3/81/2008. This report is not required by the following: a) —_Unopposed candidates b) Candidates following the modified reporting procedure who have not exceeded {$600.00 in contributions/expencitures 5/2/2008 |___Report covers the period 4/1/2008 through 4/90/2008, This report is not required by the following: a) Unopposed candidates b) Candidates following the modified reporting procedure who have not exceeded ‘$600.00 in contributions/expenditures Modified Reporting - If an opposed candidate does not expect to expendireceive in excess of $500.00 Paves address ‘iy: ‘Stato: 2p Code | | pane exp (eS HATTON TAGRTONG OT ATTANIATSaURES) | ] Remoursemant « > CO feretien Pevee adaress: ‘ly; ‘State; 2p Code Purpose of expenditure (See nsirucions regarding type of information requied ) (i wave usig of Texas, complete Schedule 1, a o ATTACH ADDITIONAL COPIES OF THIS FORM AS NEEDEDTexas Ethice Commission P20. Box 12070 Austin, Texas 78711-2070 (612) 463-8800 1-800-925-8506 PAYMENT FROM POLITICAL CONTRIBUTIONS SCHEDULE H TOA BUSINESS OF C/OH ‘The Instruction Gulde explains how to complete this form. 1° Tetalpoges Schedule 2 FILERNAME [= AccoUT cscommsen te o @ Busineatadsress: | “Cay: ‘Sale! Zo Code Purpose of payne hsnicions eparding ype ofmiornaion | @ * Compineitarect exponetre to bonelt GIO = sequred) candsate/ Oneness name Ofesaet ofeenat (travel oust: ate - “amount o ‘usineasadsiess: |" “Ciy; “State; ZipCode upose cfpaymant (Son natracionsrogering type oF norman Compe avect expandture 0 boe't C/OH = ‘equved) concanta/Otcaniser nae One ose concen (wave oui of Toxas, complete Schedule 1) | o ‘Bsinessadcrese: " ” “Ciyj Siaie! ZpGose Faroe oven (Seinscionseoang p= otnfematen ope fact expandture to batt CON = requred conse / Onsen ‘resort ncaa (i vava outs of Texas, compte Schedule T _ ate Businessname | ‘mount o Business adcress, iy, State: Zp Code | Pispaesofpaymant (Sox nahuctonsragerng ie oT ormation| ~ complete tect expensture ta banet GOH = required) Candle! Osonsiee ne ‘account Oona (travel uteide of Tense, complete Schedule T) ATTACH ADDITIONAL COPIES OF THIS FORM AS NEEDED‘Toxas Ethics Commission P.O. Box 12070 Austin, Texas 78711-2070 __(612) 463.8800 _ 1-800-326-8508 NON-POLITICAL EXPENDITURES SCHEDULE I MADE FROM POLITICAL CONTRIBUTIONS ‘The Instruction Guide explains how to complete this form. ‘1 Tslgages Scheu 2. FILER NAME 3 ACCOUNT Es Goren) a bae | 8 Payeoname @ “Amount 3) 16 Payee adress ‘iy; ‘State: Zip Code 7 Purpose of expenditure (See miruitone regarding type of formation required) Date Payee name “Amul ‘3 Payee adcroas ‘cin! ‘State; Zip Code Purpose ofexpendture (See insirucions regarding ype of wforahon equred) Date Payee name Amount ° Payee aaaiess: ‘iy: ‘State; ip code | Purpose ofexpendiure (oo instucions regarding type ofinformation quired) Date Payee name ‘Amount = Payoo asdross: ‘iy: ‘Siate: ZipCode | —Puspoce ofepandare Gee vicars pacing ips information required) ° ayes wacross: ‘ir, Sine; ZipCode Purpose of expenditure (Seeinstuctons regarding ype ofintommation required) ATTACH ADDITIONAL COPIES OF THIS FORM AS NEEDEDTexas Ethics Commission P.O. Box 12070 Austin, Texas 76711-2070 __(612) 469-5800 _ 1-800-325-6508 CREDITS (optional) SCHEDULE K ‘The Instruction Guide explains how te complete this form. fis pages Seneaule 2 FILER NAME 3 ROGOUNT fs Gn @ bate] 8 Pavorname 3 Amoune ® 6 Paver addrese: Cciy; Sta: 21 Code | 7 Rosson orca Date Payor name “Amount 8 Poyoraaarss:” iy) ‘Sine 2p Code Payorname or 8) rayoradsroes: "it Slater Zp Code son for credit Date Payor name ~ “Amount 8) rayoraions; “iy, Sia,” 2 Code | Reason fer credit — | ae Payername — 1 ‘Amour | 3) ATTACH ADDITIONAL COPIES OF THIS FORM AS NEEDED‘Texas Ethics Commission P20. Box 12070 Texas 78711-2070 (612) 463-5800 925-8606 IN-KIND CONTRIBUTION OR POLITICAL EXPENDITURE ScHEDULE T FOR TRAVEL OUTSIDE OF TEXAS ‘The Instruction Guide explains how to complete this form, 4 Taal pages Sebel 2 FILER NAME OO 13 ACCOUNT # ine Connistotion) “4 Name of Contributor / Corporation or Labor Organization / Pledger/ Payee © Conivaon Expand epoedo [ semaien [J seteaueo [] seneasne (C] seneaieo [] seneaser serene o Cl coma ] senoaven El conve loons Cleace Ci mace © Datos of evel 7 Name of person(s) waveling Deparure ety orname of deparure lecaton | ‘Destination aty or name of destination iocation| 410 Means of transportation 44. Purpose of wave (inching name of conference, seminar, or other event) ‘Name of Contributor / Gorperaton or Labor Organization /Plegor Payee ‘Contrbvton Expenditure reported on 1 scneaute A [7] Sereauies ] Schedule [J Scheduled ] schedule F J Schedule Cl sercateh sermon El conue Clconr Draco = pace ‘ates of travel ‘Name of person(s) waveliog Departure iy ornare of departure location ‘Destnation ety oF name f destination location ‘Means ofvaraportation Name of Contr ‘Contibution / Expenditure reported on 1 seneduie — [E] senosuie® [L] sereduioe [Z] senedueo [2] scheauie [] senedute CO sereduin [I] scneauen C] comuc Cl comr Chace LC] race T ‘Dates orraver ane of porsent) wavetng Departure oly or name of separa locaton ‘Means ofronepartaion ‘Purpose of vavel (including name of conference, seminar, oF ether event) ATTACH ADDITIONAL COPIES OF THIS FORM AS NEEDEDTexas Ethics Commission P.O. Box 12070 (612) 463-5800 _ 1-800-325-8506 CANDIDATE / OFFICEHOLDER REPORT: Form C/OH - FR DESIGNATION OF FINAL REPORT The Instruction Guide explains how to complete this form. ++ ‘Complete only if "Report Type” on page 1 Is marked "Final Report” 7 GOHNAME 2 ACCOUNT # (Gre Comments) 3 SIGNATURE | do not expect any further political contibutions or political expenditures in connection with my candidacy. | understand that designating a report as a final report terminates my campaign treasurer appoinlment. 1 also understand that | may rot accept any campaign contributions or make any campaign oxpanditures without @ campaign treasurer appointment on file Signature of Candidate /Oificeboider ‘4 FILER WHOIS NOT AN OFFICEHOLDER + Complete A & 8 below only you are notan oficoholdor. + A. CAMPAIGN FUNDS ‘chock only on (5) 14o not have unexpended contributions or unexpended interest or income earned from politcal contributions. [| have unexpended contributions or unexpended interest or income earned from poltcal contributions. 1 understand that | may not convert unexpenced polticel contributions or unexpended interest or income earned ‘on political contributions to personal use, | also understand that | must fle an annual report of unexpended ‘contributions and that | may not retain unexpended contributions or unexpended interest or income eared on poltcal contributions longer than six years after fling ths final report. Further, l understand that! must dispose ‘of unexpended political contributions and unexpended interest oF income earned on political contributions in ‘accordance with the requirements of Election Code, § 254.204 8. ASSETS Check only one: [1 1 do not retain assets purchased with political contributions or interest or other income from political ‘contributions. [1 140 retain assets purchased with political contbutions or interest or other income from politcal contribution. [understand that | may not convert assets purchased with political contributions or interest or otter income {rom poiltical contributions to personal use, | also understand that | must dispose of assets purchased with political contributions in accordance with the requirements of Election Code, § 254.204 ‘Signaire of Candidate 6 OFFICEHOLDER [11am aware that | remain subject to fling requirements applicable to an offceholder who does not have a campaign treasurer on file, | am also aware that | wil bo required to file reports of unexpendad contributions if, at the time |-o0ase holding office, I retain assets purchased with poltical contributions of interest or other income from political contributions. ‘Signature of OfficeholderTEXAS ETHICS COMMISSION CANDIDATE/OFFICEHOLDER CAMPAIGN FINANCE REPORT FORM C/OH - INSTRUCTION GUIDE Revised December 20, 2007 ‘Texas Ethics Commission, P.O. Box 12070, Austin, Texas 78711 (512) 463-5800 1-800-325-8506 FAX (512) 463-8777 TDD 1-800-735-2989 Visit us at tps/uww.ethiesstate.te.us on the Internet. AN EQUAL OPPORTUNITY EMPLOYER,FORM C/OH — INSTRUCTION GUIDE TABLE OF CONTENT! These instructions are for the CANDIDATE/OFFICEHOLDER CAMPAIGN FINANCE REPORT (Form C/OH) and all schedules that are filed with it. Form C/OH includes a two-sided cover sheet and Schedules A, B, E, F, G, HJ, K, and T. All filers must submit the cover sheet, but only the schedules on which there is information to report need to be included. GENERAL INSTRUCTIONS Electronic Filing... Filling Out The Forms... Ethics Commission Guides. Photocopies Of Forms. Filing Date... CANDIDATE/OFFICEHOLDER CAMPAIGN FINANCE REPORT. General Information, ‘Completing The Cover Sheet ScueDULE A: Political Contributions Other Than Pledges Or Loans. SCHEDULE B: Pledged Contributions SCHEDULE BE: Loans SCHEDULE F: Political Expenditures. SCHEDULE G: Political Expenditures Made From Personal Funds ScHEDULE H: Payment From Political Contributions To A Business Of C/OH. ScuepuLe I: Non-Political Expenditures Made From Political Contributions... SCHEDULE K: Credits... SCHEDULE T: In-Kind Contribution or Political Expenditure For Travel Outs de Of TeKAS 26 FORM C/OH-FR: DESIGNATION OF FINAL REPORT General Information .. Completing The Form.Form C/OH ~ Instruction Guide GENERAL INSTRUCTIONS These general instructions apply to all forms required to be filed under tite 15, Texas Election Code. ELECTRONIC FILING All persons filing campaign finance reports with the Texas Ethics Commission are required to file those reports electronically unless the person is eligible to claim an exemption. Please check the Ethics Commission's website at http:/mww.ethics.state.tt.us for information about exemptions from the electronic filing requirement, FILLING OUT THE FORMS {All reports filed on paper must be either handwritten in ink or typewritten. If you complete the report by hand, please print everything other than your signature. Ifyou are filing with the Ethies Commission, you may use your own computer-generated form if it provides for disclosure of all the information required on the commission's form and if itis substantially identical in paper size, color, layout, and format. A. substitute form that is substantially identical to the commission's prescribed form may be submitted for pre-approval by the commission’s executive director. ‘Always file the cover shect of the Campaign Finance Report form. You need to file only those Schedules on which you have information to report. You must keep an exact copy of each report filed and all records necessary to complete the report for at least two (2) years after the deadline for filing the report. Ifyou have questions, please call our office at (512) 463-5800 or toll-free at 1-800-325-8506. ETHICS COMMI SION GUIDES The Ethics Commission publishes a campaign finance guide for each type of filer. These guides are designed to explain your responsibilities as a filer. The commission encourages you to read the appropriate guide before you begin accepting political contributions or making or authorizing political expenditures. PHOTOCOPIES OF FORMS ‘You may use photocopies of Ethics Commission forms. For example, if the space provided on Schedule A is insufficient, you may make copies of a blank Schedule A form and attach more pages as needed. FILING DATE For most reporting deadlines, a document is considered timely filed if it is properly addressed with postage or handling charges prepaid and bears a postmark or receipt mark of a common or contract carrier indicating a time on or before the deadline, Page 1 Revised 12/20/2007Form C/OH — Instruction Guide Pre-Election Reports. A report due 30 days before an election and a report due 8 days before an election must be received by the appropriate filing authority no later than the report due date. Af you are filing with the Ethics Commission, please address your reports and correspondence to the Texas Ethics Commission, P.O, Box 12070, Austin, Texas 78711-2070. For hand-deliveries, the commission's street address is 201 East 14th Street, Sam Houston Building, 10th Floor, Austin, Texas 78701 If the due date for a report falls on a Saturday, Sunday, or legal holiday, the report is due on the next regular business day. Texas Ethics Commission Page 2 Revised 1220/2007Fo C/OH — Instruction Guide FORM C/OH: CANDIDATE/OFFICEHOLDER CAMPAIGN FINANCE REPORT These instructions are for the CANDIDATE/OFFICEHOLDER CAMPAIGN FINANCE REPORT (Form C/OH). A complete report includes the Form C/OH Cover Sheet, and any of the following schedules on which there is information to report: A, B, E, FG, III, K, and T. NOTE: Judicial candidates and officeholders must use a different form, Form JCIOH, GENERAL INFORMATION Use Form C/OH for filing the following reports: © Semiannual reports (January 15 and July 15) © Pre-election reports (30th day before election, 8th day before election) * Runoff report (8th day before runoff election) * Exceeded $500 limit report © 15th day after officcholder campaign treasurer appointment Final report See the instructions for Sections 9 and 10 of the Cover Sheet for help in deciding which reports ‘you are required to file. OFFICEHOLDER ACTIVITY An officeholder may make officcholder expenditures and accept officcholder contributions without having a campaign treasurer appointment on file. However, an officeholder must have a campaign treasurer appointment on file before the officcholder may make campaign expenditures or accept campaign contributions. DUTIES OF CANDIDATE OR OFFICEHOLDER ‘As a candidate or officeholder, you alone, not the campaign treasurer, are responsible for filing this form, Failing to file a report on time or filing an incomplete report may subject you to criminal or civil penalties. DUTIES OF CAMPAIGN TREASURER State law does not impose any reporting or record-keeping obligations on a candidate's, ‘campaign treasurer WHERE TO FILE ‘This form is filed with the same filing authority with whom you were required to file your Campaign Treasurer Appointment form (CTA). If you are an officeholder who does not have a campaign treasurer appointment on file, file your reports with the same authority with which a candidate for your office must file the campaign treasurer appointment. Texas Ethics Commission Page 3 Revised 12/20/2007Form C/OH —Insteuction Guide FILING A FINAL REPORT. For filing purposes, you are a “candidate” as long as you have an appointment of campaign treasurer on file. If you do not expect to accept any further campaign contributions or to make any further campaign expenditures, you may file a final report of contributions and expenditures. A final report terminates your appointment of campaign treasurer and relieves you of the obligation of filing further reports as a candidate, If you are an officeholder at the time of filing a final report, you will be required to file semiannual reports of contributions and expenditures as an officeholder. The only officeholders who are not required to file semiannual reports are officeholders who file locally, who do not have a campaign treasurer appointment on file, and who do not exceed $500 in contributions or expenditures during the reporting period, If you ate not an officeholder at the time of filing a final report and if you have surplus funds or relain assets purchased with political funds, you will be required to file annual reports. (See instructions for FORM C/OH - UC.) To file a final report, you must complete the form called “C/OH CAMPAIGN FINANCE REPORT (C/OH),” check the “final” box in Section 9 on the Cover Sheet, and complete and attach the form called “C/OH REPORT: DESIGNATION OF FINAL REPORT (C/OH- FR).” COMPLETING THE COVER SHEET Each numbered item in these instructions corresponds to the same numbered item on the form. PAGEL 1. ACCOUNT #: If you are filing with the Ethics Commission, you were assigned a filer account number when you filed your initial campaign treasurer appointment, You should have received a letter acknowledging receipt of the form and informing you of your account number. Enter this number wherever you see “ACCOUNT #.” If you do not file with the Ethics Commission, you are not required to enter an account number. 2, TOTAL PAGES FILED: After you have completed the form, count the total number of ages of this form and any attached schedules. Enter that number where indicated on the top line of Page I only. Each side of a two-sided form counts as one page. 3. CANDIDATE/OFFICEHOLDER NAME: Enter your full name, including nicknames and suffixes (e.g., Sr. Jr, IID, if applicable. 4. CANDIDATE/OFFICEHOLDER MAILING ADDRESS: Enter your complete mailing address. If your mailing address has changed since you last gave notice of your address, check the “Address Change” box. Sections 5 - 7 pertain to a candidate's campaign treasurer. If you are an officeholder who does not have a campaign treasurer appointment on file, skip these sections 5, CANDIDATE/OFFICEHOLDER PHONE: Enter your phone number including the area code, and your extension, if applicable. ‘Texas Ethies Commission Page4 Revised 12/20/2007Form C/OH - Instruction Guide 6. CAMPAIGN TREASURER NAME: Enter the full name of your campaign treasurer, including nicknames and suffixes (e.g., St. Jr. II}, if applicable. 7, CAMPAIGN TREASURER ADDRESS: Enter the complete address of your campaign treasurer. 8. CAMPAIGN TREASURER PHONE: Enter the phone number of your campaign treasurer including the area code, and the extension, if applicable. 9, REPORT TYPE: Check the box that describes the type of report you are filing, according to the descriptions below. See the instructions for Section 10 for the periods covered by each type of report. January 15 Report: All candidates and most officeholders must file a semiannual report by January 15. The only officeholders who are not required to file this report are officeholders who file locally, who do not have a campaign treasurer appointment on file, and who do not exceed $500 in contributions or expenditures during the reporting period. July 15 Report: All candidates and most officeholders must file a semiannual report by July 15. The only officeholders who are not required to file this report are officeholders ‘who file locally, who do not have a campaign treasurer appointment on file, and who do ‘not exceed $500 in contributions or expenditures during the reporting period. 30th Day Before Election Report: Opposed candidates who are not filing under the modified reporting schedule must file this pre-election report. The report is due no later than 30 days before the clection and must be received by the appropriate filing authority no later than the report due date. 8th Day Before Election Report: Opposed candidates who are not filing under the ‘modified reporting schedule must file this pre-election report. The report is due no later than 8 days before the election and must be received by the appropriate filing authority no later than the report due date. Runoff Report: Candidates who are participating in a runoff election must file this report, which is due no later than 8 days before the runoff clection and must be received by the appropriate filing authority no later than the report due date. This report is not required for candidates who are filing under the modified reporting schedule. Execeded $500 Limit Report: Candidates who chose to file under the modified reporting schedule but then, after the 30th day before the clection, exceeded $500 in contributions or expenditures in connection with the election must file this report within 48 hours after exceeding the $500 limit. 15th Day After Campaign Treasurer Appointment Report: An officeholder must file this report if he or she appoints a campaign treasurer after a period of not having a campaign treasurer appointment on file. This report is due no later than the 15th day after an officeholder files the appointment of campaign treasurer. It is not required of officeholders who are merely changing their campaign treasurers. Candidates who are 12/20/2007 Texas Ethies Commission Page 5 ResForm C/O Iastruction Guide not officeholders do not file this report, (This report is not required of an officeholder who files locally if the officcholder did not exceed $500 in either contributions or expenditures during the period to be covered by the report.) Final Report: A person who has a campaign treasurer appointment on file files this report when he or she does not expect to accept any further campaign contributions or make or authorize any further campaign expenditures. This report must have a completed C/OH REPORT: DESIGNATION OF FINAL REPORT form (C/OH-FR) attached. 10, PERIOD COVERED: A reporting period includes the beginning date and the ending date. The due date for filing will be after the end of the period. Generally, a report picks up where the last report left off. Special pre-election reports (formerly known as telegram reports) and special session reports do create overlaps. First Reports. If this is the first report of contributions and expenditures that you have filed, the beginning date will depend on the date your campaign treasurer appointment was filed or the date you took office. * If you are a candidate (a person who has filed a campaign treasurer appointment) and you are filing your first report, the beginning date will be the date your campaign treasurer appointment was filed. ‘* Ifyou are an officeholder who was appointed to an elective office and who did not have a campaign treasurer appointment on file at the time of the appointment, the beginning date for your first report will be the date you took office. January 15 (Semiannual) Report: The beginning date is July | of the previous year or the day after the last day covered by your last required report, whichever is later. If this is the first report you have filed, please see the “First Reports” section above. The ending date is December 31 of the previous year. July 15 (Semiannual) Report: The beginning date is January 1 or the day after the last day covered by your last required report, whichever is later. If this is the first report you have filed, please see the “First Reports” section above. The ending date is June 30. 30th Day Before Election Report: The beginning date is the day after the last day covered by your last required report. If this is the first report you have filed, please see the “First Reports” section above. The ending date is the 40th day before the election. This report is not required for unopposed candidates or candidates who are filing under the modified reporting schedule. 8th Day Before Election Report: The beginning date is the 39th day before the election if you were required fo file a 30th Day Before Election Report. If you were not required to file the 30th Day Before Election Report, the day after the last day covered by your last. required report is the beginning date. If this is the first report you have filed, piease see the “First Reports” section above. ‘The ending date is the 10th day before the election. ‘Texas Kthies Commission Page 6 Revised 12/20/2007Form C/O Instruction Guide This report is not required for unopposed candidates or candidates who are filing under the modified reporting schedule. Runoff Report: The beginning date is the 9th day before the main election if you filed an 8th Day Before Election Report. Otherwise, the beginning date is the day after the last day covered by your last required report or the day you appointed a campaign treasurer, whichever is later. The ending date is the 10th day before the runoff election. This report is not required for candidates who are filing under the modified reporting schedule. Exceeded $500 Limit Report: The beginning date for the report is either the day you appointed your campaign treasurer or the day after the last day covered by your last required report, whichever is later. The ending date is the day you exceeded the $500 limit for contributions or expenditures. 15th Day After Campaign Treasurer Appointment Report (officeholders only): The beginning date is cither the day afier the last day covered by your last required report or the day you began serving an appointment to elective office. “The ending date is the day before the campaign treasurer appointment was filed. This report is due no later than 15 days after the campaign treasurer appointment was filed. Final Report: The beginning date is the day after the last day covered by your last required report. The ending date is the day the final report is filed. Ifyou are an officeholder without a campaign treasurer appointment on file, or if you have a campaign treasurer appointment on file but you are not a candidate in an upcoming election, you may skip Section 11. 11, ELECTION: If you are a candidate in an upcoming clection, provide the following information concerning the upcoming election in which you intend to participate. Election Date: Enter the month, day, and year of the election in which you intend to participate that most immediately follows the deadline for this report. Election Type: Check the box next to the type of election that most a the upcoming election. surately describes Primary - An election held by a political party to select its nominees for office. Runoff - An election held if no candidate for a particular office receives the vote necessary to be elceted in an election requiring a majority vote. General - An election, other than a primary election, that regularly occurs at fixed dates. Special - An clection that is neither a general election nor a primary election nor a runoff election 12. OFFICE HELD: If you are an officcholder, please enter the office you currently hold. Include the district, precinet, or other designation for the office, if applicable. ‘Texas Ethics Commission Page 7 Revised 12/20/2007Form C/OH - Instruction Guide 13. OFFICE SOUGHT: If you are a candidate in an upcoming election, please enter the office you seek. Include the district, precinet, or other designation for the office, if applicable. 14, DIRECT CAMPAIGN EXPENDITURE BY OTHER INDIVIDUALS: A direct campaign expenditure is a campaign expenditure that someone else made on your behalf and without your prior consent or approval. You might not even have known about the expenditure until afier it was made. This is in contrast to a political contribution, which you have the opportunity to accept or reject. Example: If someone buys a newspaper ad in support of your campaign after first asking for and getting your approval, she will have made an in-kind contribution. However, if someone buys a newspaper ad in support of your campaign without first getting your approval, she will have made a direct campaign expenditure. An individual who makes a direct campaign expenditure on your behalf during a reporting period is required to give you notice of that fact by the end of the period. Such a notice must include the individual's name and address, but is not required to include a description of the direct campaign expenditure. If the notice describes the direct campaign expenditure, do not include the description in the report. You must include the information from the notice in the report for the period in which you receive the notice, even if the notice is for a direct campaign expenditure made in a prior reporting period. If you have not received such notice, you may skip this section, If you have received such notice from a political committee, you will report that information in Section 17 and not in this section. ditional Pages” Box: If you received notice from more than one individual, check box and attach an additional page listing the names and addresses of the other individuals. Name: Enter the full name of the person as given in the notice. Address: Enter the complete address as given in the notice, PAGE2 15. C/OH (CANDIDATE/OFFICEHOLDER) NAME: Enter your full name. 16. ACCOUNT #; See the instructions for box number 1 17. NOTICE FROM POLITICAL COMMITTEE(S): Complete this section if you have received notice from a political committee that it accepted political contributions or made political expenditures on your behalf during the period. If you have not received such notice, ‘you may skip this section. ‘The political committee is required to include in the notice the full name and address of the committee, the full name and address of the committee’s campaign treasurer, and a statement indicating whether the committee is a general-purpose committee or a’ specific-purpose committee. If the notice also describes the expenditure, do not include the description in this section. Texas Ethies Commission Page 8 Revised 12/20/2007Fo C101 ~ Instruction Guide “Additional Pages” Box: If you received notice from more than one committee, check this box and attach an additional page listing the names and addresses of the other committees and of their campaign treasurers Committee Type: General - Check the “GENERAL” box if the notice is from a general-purpose commit ‘Specific - Check the “SPECIFIC” box if the notice is from a specific-purpose committee Committee Name: Enter the full name of the committee as reported in the notice. ‘Committee Address: Enter the address of the committee as reported in the notice. Committee Campaign Treasurer Name: Enter the name of the committee's campaign treasurer as reported in the notice, Committee Campaign Treasurer Address: Enter the address of the committce’s campaign treasurer as reported in the notice, 18. TOTALS: Complete this section only after you have completed all applicable schedules. Line 1. Enter the total of all unitemized contributions (other than pledges or loans or guarantees of loans) of $50 or less. Do not include any contributions itemized on Schedule A. On Schedule A, you were required to itemize political contributions that totaled more than $50 from one person. (Remember: If you received contributions foraling more than $50 from one person during the reporting period, you were required to itemize all of those contributions, even if individual contributions were $50 ot less.) You also had the option of itemizing contributions of $50 or less from one person. Do not include any itemized contributions in the total entered on line 1, regardless of amount. Line 2. Add the total contributions listed on Schedule A to the amount you entered on Line 1. Enter that total on Line 2. Line 3. Enter the total of all unitemized political expenditures of $50 or less. Do not include any expenditures itemized on Schedules F, G, or H. On Schedule F, you were required to itemize political expenditures that totaled more than $50 to one payee. (Remember: If you made expenditures roraling more than $50 to one person during the reporting period, you were required to itemize all of those expenditures, even if individual expenditures were $50 or less.) You also had the option of itemizing expenditures totaling $50 or less to one payee. Do not include any expenditures itemized on Schedule F in the total entered on line 3, regardless of amount, ‘Texas Ethies Commission Page 9 Revised 1220/2007Form C/OH ~ Instruction Guide On Schedule G, you were required (o itemize political expenditures from personal funds if you intend to seek reimbursement from political contributions. Do not include any expenditures itemized on Schedule G in the total entered on line 3, regardless of amount. On Schedule H, you were required to itemize payments from political contributions made to certain businesses. Do not include any expenditures itemized on Schedule H in the {otal entered on line 3, regardless of amount. Line 4. Add the following: (a) the total expenditures listed on Schedule F; (b) the total expenditures listed on Schedule G; (©) the total expenditures listed on Schedule H; and (@ the amount you entered on Line 3 Enter that total on Line 4, ine 5. Enter the total amount of political contributions, including interest or other income on those contributions, maintained as of the last day of the reporting period. Enter “0” if you do not maintain political contributions, including interest or other income on those contributions, as of the last day of the reporting period. This is different from the total contributions reported on Line 2, Only contributions accepted during the period covered by the report are entered on Line 2. ¢ 6. Enter the aggregate outstanding principal amount of all loans accepted for ampaign or officeholder purposes as of the last day of the reporting period. This is different from the information reported on Schedule E. It must include outstanding principal of loans made in this reporting period as well as outstanding principal of loans made previously. 19, AFFIDAVIT: Complete this section only after you have complcted all applicable sections and schedules. You must always sign a report that you file. You must complete this section even if you have no schedules to attach. ONLY THE CANDIDATE OR OFFICEHOLDER FILING THE REPORT MAY SIGN THE AFFIDAVIT, ‘Texas Ethies Commission Page 10 Revised 12/20/2007Form C/OH - Instruction Guide SCHEDULE A: POLITICAL CONTRIBUTIONS OTHER THAN PLEDGES OR LOANS These instructions are for candidates and officeholders using SCHEDULE A: POLITICAL CONTRIBUTIONS OTHER THAN PLEDGES OR LOANS. Enter on this schedule only information about campaign and officeholder contributions accepted during the reporting period. You are not required t0 include contributions of an individual's personal services or travel. Do not enter on this schedule information on pledges, loans, or guarantees of loans. (Report pledges on Schedule B: report Toans and guarantees of loans on Schedule E.) You must enter contributions that exceed $50 from one person during a reporting period on this schedule. If you accepted two or more contributions from the same person, the total of which exceeds $50, enter cach contribution separately. Although you are not required to do so, you may also report contributions from one person that do not exceed $50 in the period on this, schedule. If you do not itemize contributions of $50 and less on this schedule, you must total all such contributions and report them on the C/OH Cover Sheet, Page 2, Section 18, Line 1 Each numbered item in these instructions corresponds to the same numbered item on the form. 1. TOTAL PAGES SCHEDULE A: After you have completed Schedule A, count the total number of pages. A “page” is one side of a two-sided form. 2, FILER NAME: Enter your full name. 3. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If ‘you do not file with the Ethics Commission, you are not required to enter an account number. 4, DATE: Enter the date you aecepted the contribution. Accepting a contribution is different from receiving a contribution. You accept a contribution when you decide fo accept it rather than reject it, This may or may not be the same day that you ive the contribution, 5, FULL NAME OF CONTRIBUTOR: Enter the full name of the contributor. “Out-of-State PAC” box: If the contributor is an out-of-state political committee from which you accepted more than $500 in the reporting period (including pledges or loans from sources other than financial institutions that have been in business for more than a year), you ‘must include one of the following with your report: ‘+ a written statement, certified by an officer of the out-of-state political committee, listing the full name and address of cach person who contributed more than $100 to the out-of-state political committee during the 12 months immediately preceding the contribution, or + a copy of the out-of-state political committee's statement of organization filed as required by law with the Federal Election Commission (FEC) and certified by an officer of the out-of-state committe. Texas Ethics Commission Page Jt Revised 12/20/2007Form C/OH ~ Instruction Guide If the contributor is an out-of-state political committee from which you accepted $500 or less (including pledges) during the reporting period, you must include one of the following with your report: * a copy of the out-of-state political committee’s statement of organization filed as required by law with the Federal Election Commission (FEC) and certified by an officer of the out-of-state committee, or ‘© a document listing the committee’s name, address and phone number; the name of the person appointing the committee’s campaign treasurer; and the name, address and phone number of the committee's campaign treasurer. “ID #” Line (OPTIONAL): You may include the committee’s Federal Election Commission registration number. Note: See the Campaign Finance Guide for detailed information on accepting and reporting contributions from out-of-state political committees. 6. CONTRIBUTOR ADDRESS: Enter the complete address of the contributor. 7, AMOUNT OF CONTRIBUTION: Enter the amount of the contribution or the fair market value of an in-kind contribution, as applicable. 8, IN-KIND CONTRIBUTION DESCRIPTION: Enter a description of the contribution, if it was an in-kind contribution. The description should be sufficiently detailed to allow a person reviewing your report to understand what was contributed In-kind Contribution For Out-of-State Travel: The description of an in-kind contribution for travel outside of the state of Texas must include detailed information. Please report this information on Schedule T. 9. PRINCIPAL OCCUPATION OR JOB TITLE: Candidates for and holders of statewide offices in the executive branch and candidates for and holders of legislative offices must disclose the principal occupation or job title of an individual from whom the candidate or officeholder has accepted contributions (including pledges) of $500 or more during the reporting period. In other circumstances, filers are not required to report this information but may do so. 10, EMPLOYER: Candidates for and holders of statewide offices in the executive branch and candidates for and holdcrs of legislative offices must disclose the employer of an individual from whom the candidate or officcholder has accepted contributions (including pledges) of $500 or more during the reporting period, In other circumstances, filers are not required to report this information but may do so, Page 12 Revised 12/20/2007Form C/OH — Instruct n Guide SCHEDULE B: PLEDGED CONTRIBUTIONS These instructions are for candidates and officeholders using SCHEDULE B: PLEDGED CONTRIBUTIONS. Enter on this schedule only information about pledges accepted during the reporting period for campaign or officeholder purposes. You are not required to include pledges of an individual's ‘personal services or travel. Do not enter on this schedule information on contributions actually received, Toans, or guarantees of loans. (Report contributions actually received on Schedule A; report loans and ‘guarantees of loans on Schedule E.) If you accept a pledge from a person to give you money, goods, services, or anything of value, that pledge is a reportable contribution and you must include the pledge on this schedule for the report covering the period in which you accept the pledge. Note: the Campaign Finance Guide for more information on pledges. Each numbered item in these instructions corresponds tothe same mambered items on the form. 1. TOTAL PAGES SCHEDULE B: Afier you have completed Schedule B, count the total number of pages. A “page” is one side of a two-sided form. 2, FILER NAME: Enter your full name. 3. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If you do not file with the Ethics Commission, you are not required to enter an account number: 4. TOTAL OF UNITEMIZED PLEDGES: Enter the total amount of pledges that you accepted during the period that did not exceed $50 in the aggregate per person, Although you fare not required to do so, you may also itemize pledges of $50 or less on this schedule, If you itemize some pledges of $50 or less, do not include those pledges in the total entered here. If you choose to itemize all pledges of $50 or less, do not enter a total amount here, Sections 5 ~ 11 pertain to itemized pledges. You must itemize pledges that exceed $50 in the ‘aggregate from one person during the reporting period. If you received pledges totaling more than $50 from one person during the reporting period, you must itemize all of those pledges, even if individual pledges were for $50 or less. Although you are not required to do so, you may also itemize pledges for $50 or less from one person. 5. DATE: Enter the date you accepted the pledge. 6. FULL NAME OF PLEDGOR: Enter the full name of the person who made the pledge, “Out-of-State PAC” box: See instructions for Schedule A, box 5. PLEDGOR ADDRESS: Enter th omplete address of the person who made the pledge. 8 AMOUNT OF PLEDGE: Enter the amount of the pledge or the fair market value of any pledged goods or services or other thing of value, as applicable. ‘Texas Ethies Commission Page 13 Revised 12/20/2007Form C/OH ~ Instruction Guide 9. IN-KIND DESCRIPTION: If the pledge was for goods or services or any other thing of value, enter a description of the pledged goods or services or other thing of value. The description should be sufficiently detailed to allow a person reviewing your report to understand what was pledged In-kind Contribution For Out-of-State Travel: The description of an in-kind contribution for travel outside of the state of Texas must include detailed information, Please report this information on Schedule T. 10. PRINCIPAL OCCUPATION OR JOB TITLE: See the instructions for Schedule A, box 9. 11. EMPLOYER: Sce the instructions for Schedule A, box 10. You Do Not Need Schedules C And D. These schedules are for political committees to report contributions from corporations and labor organizations. Candidates and officeholders are generally prohibited from accepting such contributions. Texas Ethies Commission Page 14 Revised 12/20/2007Form C/OH — Instruction Guide SCHEDULE E: LOANS These instructions are for candidates and officeholders using SCHEDULE E: LOANS. Enter on this schedule only information about loans, and guarantees of loans, accepted during the reporting period for ‘campaign or officeholder purposes. ‘You must itemize loans that exceed $50 that you accepted during the period from one person, If you accepted two or more loans from the same person, the total of which exceeds $50, itemize ‘each loan separately. Although you are not required to do so, you may also itemize loans that do not exceed $50. Y or her personal funds from political contributions. Ifa candidate or officeholder chooses not to report political expenditures from personal funds as a loan, he or she must report such expenditures on Schedule G. Each numbered item in these instructions corresponds tothe same numbered item on the form. 1. TOTAL PAGES SCHEDULE E: After you have completed Schedule E, count the total number of pages. A “page” is one side of a two-sided form, 2, FILER NAME: Enter your full name. 3. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If you do not file with the Ethies Commission, you are not required to enter an account number, 4. TOTAL OF UNITEMIZED LOANS: Enter the total amount of loans accepted during the reporting period that did not exceed $50 in the aggregate per person and were not from financial institutions Although you are not required to do so, you may itemize loans of $50 or less from persons other ‘than financial institutions on this schedule. If you itemize some loans of $50 or less, do not include those loans in the total you enter here. If you choose to itemize all loans of $50 or I do not enter a total amount here Complete Sections 5 - 18 for each loan you are itemizing. 5, DATE OF LOAN: Enter the date you accepted the loan. 6. IS LENDER A FINANCIAL INSTITUTION?: If you accepted the loan from a corporation that has been legally engaged in the business of making loans for more than one year, circle “Y" for yes. If you accepted the loan from any other source, circle “N” for no, Remember that a loan from a corporation is an illegal corporate contribution unless it is from a corporation that is a financial institution that has been legally engaged in the business of making loans for more than one year. 7. NAME OF LENDER: Enter the full name of the person or financial institution that made the loan, ‘Texas Ethics Commission Page 15 Revised 12/20/2007Form C/OH - Instruction Guide “Out-of-State PAC” box, See instructions for Schedule A, box 5 Note: See the Campaign Finance Guide for detailed information on accepting and reporting contributions from out-of-state political committees, 8 LENDER ADDRESS made the loan, Enter the complete address of the person or financial institution that 9. LOAN AMOUNT: Enter the principal amount of the loan, 10. INTEREST RATE: Enter the interest rate 11. MATURITY DATE: Enter the maturity date 12. PRINCIPAL OCCUPATION OR JOB TITLE: Candidates for and holders of statewide offices in the executive branch and candidates for and holders of legislative offices must disclose the principal occupation or job title of each individual from whom the candidate or officeholder has accepted a Joan (including a pledge of a loan) of $500 or more during the reporting period. This requirement applies to loans from individuals that are accepted on or after January 1, 2004 Other types of filers are not required to report this information but may do so. 13. EMPLOYER: Candidates for and holders of statewide offices in the executive branch and candidates for and holders of legislative offices must disclose the full name of the employer of an individual from whom the candidate or officeholder has accepted a loan (including a pledge of a Joan) of $500 or more during the reporting period. This requirement applies to loans from individuals that are accepted on or after January 1, 2004, Other types of filers are not required to report this information but may do so. 14, DESCRIPTION OF COLLATERAL: If there is no collateral for the loan, check the “none” box and go to # 13. If there is collateral for the loan, enter a description of the collateral for the loan, 15. GUARANTOR INFORMATION: If there are no guarantors for the loan, check the “NOT APPLICABLE” box and go to the next loan. If you have no further loans to report, go to the next applicable schedule. Note: A person who guarantees all or part of a loan makes a reportable contribution in the amount of the guarantee. You must report such a contribution on this schedule, and not on Schedule A. 16, NAME OF GUARANTOR: Enter the full name of the guarantor, 17. GUARANTOR ADDRESS: Enter the complete address of the guarantor. ‘Texas Ethies Commission Page 16 Revised 1220/2007Form C/OH - Instruction Guide 18. AMOUNT GUARANTEED: Enter the dollar amount of the loan that the guarantor has agreed to guarantee 19. PRINCIPAL OCCUPATION: Enter the principal occupation of the guarantor. 20. EMPLOYER: Enter the employer of the guarantor. sion Page 17 Revised 12/20/2007Form C/OH — Instruction Gui SCHEDULE F: POLITICAL EXPENDITURES These instructions are for candidates and officeholders using SCHEDULE F: POLITICAL EXPENDITURES. Enter on this schedule only information about political expenditures that were made or authorized during the reporting period. Do not enter on this schedule political expenditures made from personal funds. (Report such expenditures on either Schedule G or Schedule E.) Do not enter on this schedule payments from political contributions made to a business that you own or control. (Report ‘those payments on Schedule H.) See the CAMPAIGN FINANCE GUIDE for important restrictions regarding the use of political funds to rent or purchase real property. ‘You must enter expenditures paid to one individual or entity during a reporting period that in the aggregate exceed $50 on this schedule, If you made more than one expenditure to the same payce, the total of which exceeded $50, enter cach expenditure separately. Although you are not required to do so, you may also report expenditures (0 one person that do not exceed $50 in the period on this schedule. If you choose not to itemize expenditures of $50 and less on this schedule, you must total all unitemized expenditures and report them on the C/OH Cover Sheet, Page 2, Section 18, Line 3 Each numbered item in these instructions corresponds tothe same numbered item on the form. 1. TOTAL PAGES SCHEDULE F: After you have completed Schedule F, count the total ‘number of pages. A “page” is one side of a two-sided form. 2. FILER NAME: Enter your full name. 3. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If you do not file with the Ethics Commission, you are not required to enter an account number. 4. DATE: Enter the date the expenditure was made, The date of an expenditure is not necessarily the date goods or services are reccived. It is the date on which the obligation to make @ payment is incurred, as long as the amount of the payment is “readily determinable.” Generally, the amount of an expenditure is known (and therefore readily determinable) when the obligation is incurred, but in some cases the amount is not known until the receipt of a bill, For example, filers will generally not know the cost of a long-distance telephone call until receipt of a monthly bill. In that case, the date of the expenditure for the telephone call would be the date the bill was received. Credit card expenditures. There is a special reporting rule for expenditures made by credit card. For reports due 30 days and 8 days before an election, the date of a credit card expenditure is the date the charge is made. For other reports, the date of a credit card expenditure is the date the credit card statement is received or the date the charge is made. In other words, it is always permissible to report the “date the charge is made” as the date of the expenditure, 5. PAYEE NAME: Enter the full name of the person to whom the expenditure was made. Note: If the expenditure was by credit card, enter the name of the vendor who sold you the goods or services, not the name of the credit card issuer. ‘Texas Ethies Commission Page 18 Revised 12/20/2007Form C/OH — Instruction Guide Note: If you make an expenditure for goods or services to benefit another candidate, officeholder, or committee, enter the name of the vendor who sold you the goods or services. Do not enter the name of the person for whose benefit you made the expenditure. Include that information under Section 8, “Purpose of Payment.” 6. PAYEE ADDRESS: Enter the complete address of the person to whom the expenditure was made, 7. AMOUNT: Enter the exact amount of the expenditure, 8. PURPOSE OF PAYMENT: If your expenditure was to purchase of lease goods or services, enter a description of the goods or services so that a person reviewing your report would know what goods or services were purchased or leased. If your expenditure was a contribution to another candidate or officeholder, of to a committee, enter “political contribution” and identify the recipient. Purpose of Expenditure For Out-of-State Travel: The description of a political expenditure for travel outside of the state of Texas must include detailed information. Please report this information on Schedule T. 9. DIRECT CAMPAIGN EXPENDITURE TO BENEFIT CANDIDATE OR OFFICEHOLDER: If you made a direct campaign expenditure to benefit another candidate or officeholder, enter the full name of the candidate or officcholder and the name of the office sought or held, including the district, precinct, or other designation of the office, as applicable, (Attach additional sheets to list multiple candidates.) _Do not complete this section if the expenditure was not a direct campaign expenditure, A “direct campaign expenditure” to benefit another candidate is not a “political contribution” to that other candidate. A direct campaign expenditure is a campaign expenditure that you make on. someone else’s behalf and without the prior consent or approval of that person. This is in contrast to a political contribution, which the person has the opportunity to accept or reject. Example: If you made expenditures to prepare and distribute an endorsement letter in support of a candidate after first asking for and getting the candidate’s approval, you made an in-kind contribution. However, if you did not get the candidate's approval before you made the expenditure, you made a direct campaign expenditure. If you make one or more direct campaign expenditures to benefit another candidate shat ‘otal more than $100, you must provide written notice to the candidate, officcholder, or committee ‘who benefits from your direct campaign expenditure(s). ‘The notice must inform the person that, you have made one or more direct campaign expenditures on his or her behalf, and it must include your full name and complete address (street address or P.O. Box, city, state, and ZIP Code). The notice must be given before the end of the reporting period during which you made the direct campaign expenditure(s) Page 19 Revised 12/20/2007Form C/OH — Instruction Guide SCHEDULE G: POLITICAL EXPENDITURES MADE FROM PERSONAL FUNDS These instructions are for candidates and officeholders using SCHEDULE G: POLITICAL EXPENDITURES MADE FROM PERSONAL FUNDS. Enter on this schedule only information about political expenditures from personal funds that were made or authorized during the reporting period. (A candidate or officehoider may report politicat expenditures from personal funds on Schedule E as a loan ‘o himself or herself. Expenditures reported as a loan to the candidate or officeholder need not be reported on Schedule G.) See the CAMPAIGN FINANCE GUIDE for important restrictions regarding the use of political funds to rent or purchase real property. If you intend to seek reimbursement in any amount from political contributions for a political expenditure made from personal funds, you must either report the expenditure as a loan to yourself on Schedule E or itemize the expenditure on this schedule and check the box in Section 8 to indicate that you intend to seek reimbursement from political contributions. You may not correct a report to allow reimbursement. If you choose to report political expenditures from personal funds on this schedule, make sure you read the following: Even if you do not intend to seek reimbursement from political contributions for @ political expenditure made out of personal funds, you must nonetheless itemize the political expenditure on this schedule if the expenditure exceeds $50 or if the expenditure along with other expenditures to the same person exceeds $50. (Exception: You are not required to report officeholder expenditures from personal funds if you do not intend to seek reimbursement from political contributions.) Although you are not required to do so, you may also report political expenditures from personal funds totaling $50 or less to a single person on this schedule, even if you do not intend to seck reimbursement. You must total all political expenditures from personal funds that you do not itemize on this schedule (except for officeholder expenditures for which ‘you do not intend to seek reimbursement from political funds) and include them in the total of ‘unitemized expenditures reported on the C/OH Cover Sheet. Each numbered item in these instructions corresponds (0 the same numbered item on the form. 1, TOTAL PAGES SCHEDULE G: After you have completed Schedule G, count the total number of pages. A “page” is one side of a two-sided form, 2. FILER NAME: Enter your full name, 3. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If you do not file with the Ethics Commission, you are not required to enter an account number. 4, DATE: Enter the date the expenditure was made, See the instructions for Schedule F, box 4. 5. PAYEE NAME; Enter the full name of the person to whom the expenditure was made. Texas Ethies Commission Page 20 Revised 12/20/2007Form C/OH Instruct Guide Note: If the expenditure was by credit card, enter the name of the vendor who sold you the goods or services, not the name of the eredit card issuer. Note: If you make an expenditure for goods or services to benefit another candidate, offiecholder, or committee, enter the name of vendor who sold you the goods or services. Do not enter the name of the person for whose benefit you made the expenditure. Include that information under Section 7, “Purpose of Expenditure. 6. PAYEE ADDRESS: Enter the complete address of the person to whom the expenditure was made. 7. PURPOSE OF EXPENDITURE: If your expenditure was to purchase or lease goods or services, enter a description of the goods or services so that a person reviewing your report could know what goods or services were purchased or leased. Purpose of Expenditure For Out-of-State Travel: The description of a political expenditure for travel outside of the state of Texas must include detailed information. Please report this information on Schedule T. 8 AMOUNT: Enter the exact amount of the expenditure. “Reimbursement From Political Contributions Intended” Box: Check this box if you intend to reimburse yourself for the expenditure. (In order to be reimbursed from political contributions in any amount for an expenditure made out of personal funds, you ‘ust itemize the expenditure on this schedule and check this box or you must report the expenditure as a Joan to yourself on Schedule E.) Texas Ethies Commission Page 21 Revised 12/20/2007SCHEDULE H: PAYMENT FROM POLITICAL, CONTRIBUTIONS TO A BUSINESS OF C/OH These insiructions are for candidates and officeholders using SCHEDULE IH: PAYMENT FROM POLITICAL CONTRIBUTIONS TO A BUSINESS OF C/OH. Enter on this schedule only information about payments from political contributions that were made to a business in which you have an interest of ‘more than 10% a position on the governing body. or a position as an officer. Do not enter on this schedule other payments from political contributions authorized during the reporting period. See the CAMPAIGN FINANCE GUIDE for a discussion on the important restrictions on making and reporting payments from political contributions to a business in which you have an interest. This schedule is for payments to a business in which you have one or more of the following interests or positions: 1) a participating interest of more than 10%; 2) a position on the governing body of the business; Report such payments on this schedule and not on Schedule F. Each numbered item in these instructions corresponds (0 the same numbered item on the form. iedule H, count the total 1. TOTAL PAGES SCHEDULE H: After you have completed ‘number of pages. A “page” is one side of a two-sided form. 2. FILER NAME; Enter your full name. 3. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If ‘you do not file with the Ethies Commission, you are not required to enter an account number. 4. DATE: Enter the date you made or authorized the payment. See the instructions for Schedule F, box 4, 5, BUSINESS NAME: Enter the full name of the business to which you made the payment, 6, BUSINESS ADDRES payment, Enter the complete address of the business to which you made the 7. AMOUN’ Enter the dollar amount of the payment. 8, PURPOSE OF PAYMENT: Describe the purpose for which you made the payment. If ‘your payment was to purchase or lease goods or services, enter a description of the goods or services so that a person reviewing your report could know what goods or services were purchased or leased. ‘Texas Fethies Commission Page 22 Revised 12/20/2007Form C/OI— Instruction Guide Purpose of Expenditure For Out-of-State Travel: The description of a political expenditure for travel outside of the state of Texas must include detailed information. Please report this information on Schedule T. 9, DIRECT CAMPAIGN EXPENDITURE TO BENEFIT CANDIDATE OR OFFICEHOLDER: If the payment was a “direct campaign expenditure” to benefit another candidate or officcholder, enter the full name of the candidate or officeholder and the name of the office sought or held, including the district, precinct, or other designation of the office, as applicable. (Attach additional sheets to list multiple candidates.) Do not complete this Section if the payment was, not a direct campaign expenditure. A “direct campaign expenditure” to benefit another candidate is not a “political contribution” to that other candidate, A direct campaign expenditure is a campaign expenditure that you make on someone else’s behalf and without the prior consent or approval of that person. This is in contrast to a political contribution, which the person has the opportunity to accept or reject. Example: If you made expenditures to prepare and distribute an endorsement letter in support of a candidate after first asking for and getting the candidate’s approval, you made an in-kind contribution, However, if you did not get the candidate's approval before you made the expenditure, you made a direct campaign expenditure, If you make one or more direct campaign expenditures to benefit another candidate that total ‘more than $100, you must provide written notice to the candidate, officeholder, or committee who benefits from your direct campaign expenditure(s). ‘The notice must inform the person that you have made one or more direct campaign expenditures on his or her behalf, and it must clude your full name and complete address. Include your street address or P.O. Box, city, state, and ZIP Code. The notice must be given before the end of the reporting period during which you made the direct campaign expenditure(s), Texas Ethics Commission Page 23 Revised 12/20/2007Form C/O - Instruction Guide SCHEDULE I: NON-POLITICAL EXPENDITURES MADE FROM POLITICAL CONTRIBUTIONS, These instructions are for candidates and officeholders using SCHEDULE I: NON-POLITICAL EXPENDITURES MADE FROM POLITICAL CONTRIBUTIONS. Enter on this schedule only information about non-political expenditures from political contributions made or authorized during the reporting period, Do not enter political expenditures on this schedule. (Report political expenditures on Schedule F. Report political expenditures made from personal fundy on either Schedule G or Schedule ED You must enter all non-political expenditures from political contributions on this schedule, regardless of the amount. A non-political expenditure is an expenditure that is neither a campaign expenditure nor an officeholder expenditure. Remember that you may not convert political contributions to personal use. Each numbered item in these instructions corresponds tothe same numbered item on the form. 1, TOTAL PAGES SCHEDULE I: Afier you have completed Schedule I, count the total number of pages. A “page” is one side of a two-sided form. 2, FILER NAME: Enter your full name. 3. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If you do not file with the Bthies Commission, you are not required to enter an account number 4. DATE: Enter the date the expenditure was made. See the instructions for Schedule F, box 4. 5. PAYEE NAME: Enter the full name of the person to whom the expenditure was made, 6. PAYEE ADDRESS: Enter the complete address of the person to whom the expenditure was made. 7, PURPOSE OF EXPENDITURE: Enter the nature of the goods or services or other thing of value for which the expenditure was made so that a person reviewing your report would know what goods or services or other thing of value were purchased or leased. 8. AMOUNT: Enter the exact amount of the expenditure. You Do Not Need Schedule J. This schedule is for political committees to report contributions that were returned to the committee. Candidates and officeholders are not required 0 report returned contributions, although you may report returned contributions on Schedule K. ‘Texas Ethies Commis Page 24 Revised 12/20/2007Form C/OH — tastruction Guide SCHEDULE K: CREDITS THIS SCHEDULE IS OPTIONAL This schedule provides a way to report rebates, deposit returns, and credits or refunds. There is no legal requirement to repost such items. Examples of things that could be reported on this schedule include: © arctum of a security deposit for utility service or rentals; «a refund of the unused amount paid towards a printing contract that was completed for less than the amount you paid; and ‘© a contribution that you made to someone that was returned to you. Please do not include these types of credits in your contributions totals or on any other schedule. Each numbered item in these instructions corresponds to the same numbered item on the form. 1. TOTAL PAGES SCHEDULE K: After you have completed Schedule K, count the total number of pages. A “page” is one side ofa two-sided form. 2. FILER NAME; Enter your full name. 3, ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If ‘you do not file with the Ethics Commission, you are not required to enter an account number, 4, DATE: Enter the date the credit was received. 5, PAYOR NAME: Enter the name of the person or business who paid the credil. 6 PAYOR ADDRESS: Enter the complete address of the person or business who paid the credit. 7, REASON FOR CREDIT: Enter the reason for the credit (for example, “phone service deposit return” or “rebate”) 8, AMOUI + Enter the exact dollar amount of the credit. Texas Ethics Commission Page 25 Revised 12/20/2007Form C/OH —Tastruction Guide SCHEDULE T: IN-KIND CONTRIBUTION OR POLITICAL EXPENDITURE FOR TRAVEL OUTSIDE OF TEXAS ‘These instructions are for candidates, officeholders, committees, or political parties using SCHEDULE T: IN-KIND CONTRIBUTION OR POLITICAL EXPENDITURE FOR TRAVEL OUTSIDE OF TEXAS. Enter on this schedule only information about contributions accepted or expenditures made during the reporting period. In addition to completing this schedule, you must also report the actual contribution or expenditure on the appropriate schedule or form. NOTE: The law requires detailed information regarding in-kind contributions or political expenditures for travel outside of the state of Texas. Each mumbered item in these instructions corresponds to the same numbered item on the form. 1, TOTAL PAGES SCHEDULE T: After you have completed Schedule T, count the total number of pages. A “page” is one side of a two-sided form. 2. FILER NAME: Enter the full name of the candidate, committee, or party on whose report you are including this schedule. 3. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number, If you do not file with the Ethics Commission, you are not required to enter an account number. 4. NAME OF CONTRIBUTOR / CORPORATION OR LABOR ORGANIZATION / PLEDGOR / PAYEE: Enter the full name of the contributor / corporation or labor organization / pledgor / Payce as it appears on the schedule or form on which you reported the actual contribution or expenditure. 8. CONTRIBUTION / EXPENDITURE REPORTED ON: Check the appropriate box for the schedule or form on which you reported the actual contribution or expenditure 6. DATES OF TRAVEL: Enter the dates on which the travel occurred. 7. NAME OF PERSON(S) TRAVELING: Enter the name of the person or persons traveling on whose behalf the travel was accepted or on whose behalf the expenditure was made. 8, DEPARTURE CITY OR NAME OF DEPARTURE LOCATION: Enter the name of the departure city of the name of each departure location. 9. DESTINATION CITY OR NAME OF DESTINATION LOCATION: Enter the name of the destination city or the name of each destination location, 10. MEANS OF TRANSPORTATION: Enter the method of travel (ie. airplane, bus, boat, car, ete.) JL. PURPOSE OF TRAVEL: Enter the campaign or officeholder purpose of the travel, including the name of a conference, seminar, or other event. Texas Kthies Comm Page 26 Revised 12/20/2007Form C/OH - Instruction Guide FORM C/OH-FR: DESIGNATION OF FINAL REPORT These instructions are for candidates and officeholders using FORM C/OH-FR: C/OH REPORT: DESIGNATION OF FINAL REPORT. A final report must include this form (C/OL-FR) and the CAMPAIGN FINANCE REPORT (Form C/OH) with the "Final Report" box checked on Page 1, Section 9. Imust also include Schedules A, B, E, F, G, HI, K, and T, as applicable GENERAL INFORMATION For filing purposes, you are a “candidate” as long as you have an appointment of campaign treasurer on file. If you do not expect to accept any further campaign contributions or to make ‘any further campaign expenditures, you may file a final report of contributions and expenditures. A final report terminates your appointment of campaign treasurer and relieves you of the obligation of filing further reports as a candidate. If you do not have an appointment of campaign treasurer on file, you may not accept campaign contributions or make campaign expenditures. A payment on a campaign debt is a campaign expenditure. An officeholder who does not have an appointment of campaign treasurer on file may accept officeholder contributions and make officeholder expenditures, he effect of filing a final report differs depending on whether you are an officeholder at the time you file a final report. If you are an officcholder at the time of filing a final report, you will not have to worry about sufplus political funds and assets until you cease to be an officcholder. You may still be required to file semiannual reports of contributions and expenditures as an officeholder. The only officeholders who are not required to file semiannual reports are local officeholders who do not cexeced $500 in contributions or expenditures during the reporting period. If you are not an officeholder at the time of filing a final report, you will no longer be required to file reports unless you retain political contributions, or assets purchased with political contributions, interest, or other income from political contributions. If you retain any of those items, you must file an annual report of unexpended contributions not earlier than January 1 and not later than January 15 of each year after the year in which you filed your final report, ‘You may not retain these unexpended funds longer than six years after the date of filing a final report. At the end of the six-year period, you must dispose of unexpended contributions, oF assets purchased with political contributions or interest or other income from political contributions in one of the following ways: 1) You may give them to the political party with which you were affiliated when your name was last on the ballot 2) You may give them to a candidate or a political committee. If you do so, however, you must file a report on Form SPAC as described in the instructions for the CANDIDATE/OFFICEHOLDER REPORT: UNEXPENDED CONTRIBUTIONS form (C/OH-UC), Page 27 Revised 12/20/2007Form C/O — Instruction Guide 3) You may give them to the comptroller for deposit in the state treasury to be used to finance primary elections. 4) You may give them to one or more persons from whom you received political contributions, but the total returned to any person may not exceed the aggregate amount accepted from that person during the last two years during which you were accepting political contributions 5) You may give them to a recognized charitable organization formed for educational, religious, or scientific purposes that is exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986, and its subsequent amendments, 6) You may give them to a public or private post-secondary educational institution or an institution of higher education as defined by Section 61.003(8), Education Code, for the purpose of assisting or creating a scholarship program. You may dispose of unexpended contributions in any of those ways at any time during the six- year period. Once you have disposed of all your contributions and assets, you must file your final dispositio ‘of unexpended contributions report. Use FORM C/OH-UC, but select “Final Disposition instead of “Annual” in Section 4. You may file this report any time after you have disposed of all campaign or officcholder contributions and assets. (A report of the disposition of unexpended contributions must be filed by the 30th day after the date the six-year period ends.) COMPLETING THE FORM Each numbered item in these instructions corresponds to the same numbered item on the form. 1. C/OH NAME: Enter your full name. 2. ACCOUNT #: If you are filing with the Ethics Commission, enter your account number. If you do not file with the Ethics Commission, you are not required to enter an account number. 3. SIGNATURE: You must sign this section to indicate that you understand the consequences of filing a final report. 4, FILER WHO IS NOT AN OFFICEHOLDER: Complete this section if you are not an officeholder at the time of filing your final report. Be sure to check the appropriate box in both sections A and B and sign on the “Signature” line. 5. OFFICEHOLDER: Complete this section if you are an officeholder at the time of filing ‘your final report. Texas Ethies Commission Page 28 Revised 12/20/2007PARTI THE CHARTER OF THE CITY OF NACOGDOCHES, TEXAS* See. See Sec See. See See. See See See. See. See. Sec. See. See. Ser See. See. See. ‘Editor's note—Printed herein is the Charter for the City of Nacogdoches, as adopted by referendum on March 21, 1929. ‘Amendments o the Charter are indicated by parenthetical history notes following amended provisions. The absence ofa history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been correctad without notation, For stylistic purposes, a uniform eystem of headings, catchlines and citations to state statutos has been used, Additions 1 2 2a, a 8 Article L. Name and Boundaries Corporate name. Boundaries Change of boundaries and annexation of territory. Platting of property Article IL, Corporate Powers Body politic. Powers of ordinance. Style of ordinances, Real estate, ete, owned by the City ‘Acquisition of property. Public property exompt from executions City funds not subject to garnishment, Liability for damages. Right of eminent domain, Ownership of public utilities. Funds for acquisition of any public utility; security for same, ete. Manufacture or purchase of public utility products Right to operate and maintain publi utility acquired, exclusive. Right to regulate charges, etc, of holder of franchise or priviloge. Street powers Construction of sidewalks and curbs. Sidewalks, improvement; defective may be declared nuisance, [Franchises for use of streets, Public works improvements Altering streets, obstructions, encroachments, ete Parks, playgrounds, ete Peace and good order. Article TH. Taxation ‘Taxation, Bonds, certificates of obligation and other evidence of indebted [Obligations of City] incontestable Budget. Expenditures, {Accounting procedure) [Annual audit; certification of statements; balance sheet; publi: cation of summaries] Depository made for clavty are indicated by brackets, State law referenee~-Home rule generally, VIC.A,, Local Government Code § 51.071 et oq CHT:ee FEEPEL sy PEERS NACOGDOCHES CODE Article IV. The City Commission Commissioners. Regular election. Special election. Ordering elections Election returns “Term of office. Chairman of the Commission. Vacancies ‘Qualifications. ‘Comission coostituted legislative and governing body of City. ‘Meeting of the Commission. Legislative procedures. Compensation and attendance, Ordinance enaetment. Emergency measures: Defined and provided for, Ordinances: Publication, Ordinance: Recording. Investigations by Commission. ‘Appointments by City Commission. Asticle V. The City Manager Appointment. Residence of ity Manager ‘Term of office. Absence of for} disability of City Manager. Powers and duties. Compensation of City Manager. Departments Surety bond, Reserved. Article VL. Municipal Court Establishment Judge and Clerk of the Municipal Court, Powers of Clerk, Substitute Judge. Article VII. General Provisions Amendments to Charter, Ordinances continued in force Continuance of present officers. Continuance of contracts and vested rights, Construction, Meaning of certain words, Males and females, (Saving clause] cHT2CHARTER ARTICLE I. NAME AND BOUNDARIES Sec. 1. Corporate name. All the inhabitants of the City of Nacogdoches, in Nacogdoches County, Texas, as the boundaries ‘and limits of said City are herein established, or may hereafter be established, shall be a body politic, incorporated under, and to be known by the name and style of the "CITY OF NACOGDOCHES", with such powers, rights and duties as are herein provided. Sec. 2. Boundaries. Editor's note—This section deseribes the boundaries of the City as they existed when the Charter was adopted. Since Subsequent annexation ordinances have rendered such descrip- tion obsolete, this section has been omitted. The present boundaries of the City are on file in the office of the City Secretary, Sec. 2a. Change of boundaries and annex- ation of territory. ‘The City Commission shall have [the] power by ordinance to fix the boundary limits of the City of Nacogdoches; and to provide for the alteration and extension of said boundary limits, the detach- ment of territory, and the annexation of addi- tional territory lying adjacent to the City, with or without the consent of the territory inhabitants annexed or detached. Upon the introduction of any ordinance annexing additional territory, such ordinance shall be published in the form in which it may be finally passed, in the official newspaper of said City at least one (1) time, and said ordi- nance shall not thereafter be finally acted upon until at least thirty (30) days have elapsed after the first publication thereof; and upon the final passage of any such ordinance, the corporate Kimits of the City shall thereafter include the territory so annexed; and when any additional territory has been so annexed, same shall be a part of the City of Nacogdoches and the property Situated therein shall bear its pro rata of the taxes levied by the City, and the inhabitants thereof shall be entitled to all the rights and privileges of al citizens, and shalll be bound by the facts and ordinances, resolutions and regulations of the City. Upon the final adoption of any ordi- Adt Ih §1 nance detaching territory from the City, the cor porate limits of the City shall be reduced by the territory so detached. ‘The Chairman of the City Commission of the City of Nacogdoches, ‘Texas, is hereby directed to certify to the Secretary of State of Texas an authenticated copy of the hereinabove mentioned amendment in compliance with Article 1173 of Vernon's Civil Statutes of Texas [Vernon's Ann. Giv, St. art. 1173) ‘The City Secretary is hereby directed to record upon the records of the City, in a book kept for that purpose, [this] amendment, as adopted, (Blection of 4-4-1961) Sec. 3. Platting of property. Should any property lying within or adjacent to the City limits, as established by this Charter, be hereafter platted into blocks and lots, the owners of said property shall plat and lay the same off to conform to the streets and alleys abutting on same, and shall file with the City Commission a correct map thereof, provided, that in no case shall the City of Nacogdoches be required to pay for any of said streets or alleys, at whatever date opened, but when opened by reason of the platting of said property at whatever date platted, they shall become, by such act, the property of the City of Nacogdoches, for use as public highways. ARTICLE TI. CORPORATE POWERS Sec. 1. Body politic. ‘The City of Nacogdoches, made a body politic and corporate by the legal adoption of this Char- ter, shall have perpetual succession, may use a common seal, may sue, and be sued, may contract and be contracted with, implead and be impleaded, in all courts and places and in all matters what- ever; may take, hold and purchase lands, within. or without the City limits, as may be needed for the corporate purposes of said City and may sell any real estate or personal property owned by it; may perform and render all public services and when deemed expedient, may conderan property for corporate use and may hold, manage and control the same and shall be subject to all the CHTArt 81 duties and obligations now pertaining to or ineum- bent upon said City as a corporation, not in conflict with the provisions of this Charter, and shall enjoy all the rights, immunities, powers, privileges and franchises now possessed by said City, and herein conferred and granted. (Election of 5-6-1995) See. 2. Powers of ordinance. ‘The City of Nacogdoches shall have the power to enact and enforce all ordinances necessary to protect health, life and property, and to prevent, and summarily abate and remove all nuisances and to preserve and enforce the good government, order and security of the City and its inhabitants, and to enact and enforce ordinances on any and all subjects, provided, that no ordinance shall be enacted inconsistent with the provisions of this Charter, or the General Laws or Constitution of the State of Texas. Sec. 8. Style of ordinances. ‘The style of all ordinances of the City of Nacogdoches shalll be: "Be it ordained by the City of Nacogdoches," but the same may be omitted when published in book or pamphlet form pur- porting to be published by the City of Nacogdoches. Sec. 4. Real estate, ete. owned by the City. All real estate owned in fee simple title, or held by lease, sufferance, easement or otherwise; all public buildings, fire stations, parks, streets and alleys, and all property, whether real or personal, of whatever kind, character or description, now owned or controlled by the City of Nacogdoches, shall vest in, inure to, remain and be the property of said City of Nacogdoches. Sec. 5. Acquisition of property. ‘The City of Nacogdoches shall have the power and authority to acquire by purchase, gift, devise, deed, condemnation or otherwise, any character of property, including any charitable or trust fund. NacopocuEs cope Sec. 6. Publi tions. Said City shall have the power to provide that no public property, or any other character of property owned or held by said City, shall be subject to any execution of any kind or nature. ¢ property exempt from execu- See. 7. City funds not subject to garnish- ment. Said City shall have the power to provide that no funds of the City shall be subject to garnish- ‘ment and that the City shall never be required to answer in any garnishment proceedings. Sec. 8. Liability for damages. The City of Nacogdoches shall not be held Tiable on account of any claim for the death of any person or injuries to any person or damage to any Property unless the person making such com- plaint or claiming such damages shall, within six (6) months after the time at which it is claimed such damages were inflicted upon such person or property, file with the City Manager a written statement stating the nature and character of such damage or injuries, the extent of the same, the place where same happened, the circum. stances under which same happened and the conditions causing same, with a detailed state- ment of each item of damages and the amount thereof, and if it be for personal injuries, giving a list of any witnesses known by affiant to have seen the accident. (lection of 6-7-1988) Sec. 9. Right of eminent domain. Said City shall have the right of eminent domain and the power to appropriate private property for public purposes whenever the gov- cerning authority shall deem it necessary; and to take any private property, within or without the City limits, for any of the following purposes, to-wit; City Halls, Police Stations, Jails, Cala boose, Fire Stations and Fire Alarm Systems, Libraries, Hospitals, Sanitariums, Auditoriums, Market Houses, Reformatories, Abattoirs, Streets, Alleys, Parks, Highways, Playgrounds, Sewer Sys- tems, Storm Sewers, Sewage Disposal Plants, Filtering Beds and Emptying Grounds for Sewer cHT:4CHARTER stems, Drainage, Water and Electric Light and Power Systems, Street Car Systems, Telephone and Telegraph Systems, Gas Plants or Gas Sys- tems, Cemeteries, Crematories, Prison Farms, Pest Houses, and to acquire lands, within or without the City, for any other municipal purpose ‘that may be deemed advisable. That the power therein granted for the purpose of acquiring pri- vate property shall include the power of improve- ment and enlargement of waterworks, including water supply, riparian rights, standpipes, water- sheds, and the construction of supply reservoirs. In all cases wherein the City exercises the power of eminent domain, it shall be controlled, as nearly as practicable, by the laws governing the condemnation of property by railroad corpora- tions in this State; the City taking the position of the railroad corporation in such case. Sec. 10. Ownership of public utilities. Said City shall have the power to buy, own or construct, and to maintain and operate, within or without the City limits, [a] complete water system or systems, gas or electric lighting or power plant. or plants, telephone systems, street railways, sewer systems, sewage plants, fertilizing plants, abattoirs, municipal railway terminals, or any other public service utility, and to demand and receive compensation for services furnished by the City for private purposes or otherwise, and to have the power to regulate, by ordinance, the collection of compensation for such services. That said City shall have the power to acquire by lease, purchase or condemnation, the property of any person, firm or corporation now or hereafter con- ducting any such business, for the purpose of operating such public utility or utilities, and for the purpose of distributing such service through- out the City, or any portion thereof. See. 11. Funds for acquisition of any public utility; security for same, ete. Should the City determine to acquire any pub- lie utility by purchase, condemnation or other- wise, as herein provided, said City shall have the power to obtain funds for the purpose of acquiring said public utility and paying the compensation therefor, by issuing bonds or notes, may secure such notes by fixing a lien upon the property An I, $14 constituting the public utility so acquired, and said security shall apply alone to said property so pledged See. 12. Manufacture or purchase of pul utility products. Said City shall have the authority to manufac- ture its own electricity, gas or anything oleo that may be needed or used by it or the public, to make contracts with any person, firm or corporation for the purchase of gas, water, electricity or any other commodity or articles used by it or the public, and to sell same to the public as may be determined by the governing authority. See, 13. Right to operate and maintain pub- lie utility acquired, exclusive. In the event said City shall acquire, by pur- chase, gift, devise, deed, condemnation or other: wise, any water-works system, electric-light or power system, gas system, street railway system, telephone system or any other public service utility to operate and maintain for the purpose of serving the inhabitants of said City, the right to operate and maintain such public utility, so ac- quired, shall be exclusive. See, 14. Right to regulate charges, ete., of holder of franchise or privilege. Said City shall have the power to determine, fix and regulate the charges, fares and rates of ‘any person, firm or corporation exercising, or that may hereafter exercise any right or franchise or public privilege in said City, and to prescribe the kind of service to be furnished, the equipment to be used, the manner in which service shall be rendered and to change such regulations from time to time; that in order to ascertain all of the facts necessary for a proper understanding of what is or should be reasonable rate of regulation, the governing authority shall have full power to inspect the books and other records of such per- son, firm or corporation, and compel the atten- dance of witnesses for such purpose; provided that in adopting such regulations and in fixing or changing such compensation, no stock or bonds authorized or issued by any person, firm or cor- poration exercising such franchise or privilege cHTSArt Il, 614 NACOGDOCHES CODE, shall be considered unless proof be made that the same have been actually issued by such person, firm or corporation for money, or its equivalent, paid and used for the development of the property under investigation. Sec. 15. Street powers. ‘The City of Nacogdoches shall have exclusive dominion, control and jurisdiction in, upon, over and under the public streets, rights-of way, ave- rues, alleys, and highways of the City and to provide for the improvement thereof by paving, raising, grading, draining or otherwise, and to charge the cost of making such improvement against the abutting property, as provided by state law. lection of 6-6-1995) alitor's note—The above section incorporated Vernon's ‘Ann, Ch St, at. 11050 a8 par ofthis Charter pursuant to fn election held on October 10, 1950. Sec. 16, Construction of sidewalks and curbs. Said City shall have the power to provide for the construction and building of sidewalks and to charge the entire cost of the construction of said sidewalks, including the curb, against the owner of the abutting property and to make a special charge against the owner for such cost, and to provide by special assessments, a lien against such property for such cost. Sec. 17. Sidewalks, improvement; defective may be declared nuisance. Said City shall have the power to provide for the construction, improvement or repair of any such sidewalk, or the construction of any such curb, by penal ordinance, and to declare defective sidewalks to be a public nuisance. Sec. 18, Franchises for use of streets. Said City shall have the power and authority to grant franchises for the use and occupancy of streets, rights-of-way, avenues, alleys and any and all public grounds belonging to or under the control of the City. No telegraph, telephone, elec tric light or power, street railway, interurban railway, street railway, [sic] gas company, water- works, water systems of (or) any other character of public utility shall be granted any franchise or permitted the use of any street, rights-of-way, avenue, alley, highway or grounds of the City without first making application to and obtaining the consent of the governing authorities thereto, expressed by ordinance, and upon paying such compensation as may be prescribed, and upon such conditions as may be provided for by such ordinance, and before such ordinance proposing to make any grant or franchise or privilege to any applicant to use or occupy any streets, avenue, alley or any other public ground belonging to or under control of the City, shall become effective, publication of said ordinance, as finally proposed to be passed, shall be made in some newspaper published in the City of Nacogdoches, once a week for three (3) weeks; which publication shall be made at the expense of the applicant desiring said grant, and said proposed ordinance shall not be thereafter changed unless again republished as in the first instance nor shall any such ordinance take effect or become a law or contract or vest any rights in the applicant therefor, until after the expiration of thirty days from the last publication of said ordinance, as aforesaid. Pending the time such ordinance may become effective, itis hereby made the duty of the governing authority of the City to order an election if requested so to do by written petition signed by at least ten (10) per cent of the legally qualified voters, as determined by the number of votes cast in the last regular municipal election; at which election the qualified voters of said City shall vote for or against the proposed grant, as set forth in detail by the ordinance conferring the rights and privileges upon the applicant therefor. Such election shall be ordered not less than thirty (30) days nor more than ninety (90) days from the date of filing said petition, and if.at said election the majority of the votes cast shall be for the granting of such fran- chise or privilege, said ordinance and the making of said proposed grant shall thereupon become effective, but if a majority of the votes east at said election shall be against the granting of such franchise or privilege, such ordinance shall be ineffective and the making of such proposed grant bbe null and void. (Bleetion of 5-6-1998) See. 19. Public works improvements. Said City shall have the power to open, extend, straighten and widen any public street, rights-of- CHT6cuaRTER way, avenue, or alley and for such purpose to acquire the necessary land, by purchase or con. demnation, and to provide that the cost of improv- ing any such streets, avenue or alley by opening, extending, straightening or widening the same shall be paid by the owner of property lying in the territory of such improvement in accordance with state Taw. (lection of 5-6-1995) Sec. 20. Altering streets, obstructions, en- croachments, ete. Said City shall have the power to control, regulate and remove all obstructions, encroach- ments and incumbrances on any public street, rights-of-way, avenue, or alley, and to narrow, alter, widen, straighten, vacate, abandon and close same; to provide for sprinkling and cleaning, same, and to regulate and control the moving of buildings and structures of every kind and char- acter upon and along the same. (Blection of 5-6-1995) Sec. 21. Parks, playgrounds, ete. Said City shall have exclusive control over all City parks and playgrounds, and to control, reg- ulate and remove all obstructions and prevent all encroachments thereupon; and to provide for rais- ing, grading, filling, terracing, landscape gatden- ing, erecting buildings, providing amusements therein, for establishing walks and paving drive- ways around, in, and through said parks, play grounds and other public grounds. Sec, 22. Peace and good order. [1] Said City shall have the power to define all nuisances, prohibit the same within the City and outside the City limits for a distance of five thousand (5000) feet; to police all parks, ground: speedways, streets, rights-of-way, avenues, and alleys owned by said City, within or without the City limits; to prohibit the pollution of all sources of water supply of said City, and to provide for the protection of water sheds. [2] To provide for the inspection of dairies, cows and dairy herds, slaughter pens and slaugh- ter houses and abattoirs, within or without the City limits from which meat, milk, butter or eggs Ar 1 $22, from same are furnished to the inhabitants of said City, and to provide for the inspection of meat markets, grocery stores, drug stores, confection- eries, fruit stands, ice cream factories, laundries, bottling plants, hotels, restaurants and bakeries, the source, storage, and distribution of water, and all other places where food or drinks for human consumption are manufactured, handled, sold or exposed for sale, and to regulate and inspect the character and standard of such articles of food and drink so sold or offered for sale. {3] ‘To provide for the inspection and regula tion of the sanitary conditions of all premises and vacant lots within the City limits, for the removal of garbage, night soil, refuse and unsanitary vegetation; to provide for establishing a lien against the property for any excuse lexpense] incurred by the City in enforcing this provision and further to provide for the making and enforcing of all proper and reasonable regulations, for the health and sanitation of said City and its inhabitants. [4) To provide for a health department and the establishment of rules and regulations protecting the health of the City; the establishment of quar- antine station, pest houses and hospital and to provide for the adoption of necessary quarantine Jaws to protect the inhabitants against contagious and infectious diseases. [5) To provide for a sanitary sewer system and for the maintenance thereof; to require property owners to make connection to such sewers with their premises and to provide for fixing a lien against any property owner's premises who fails or refuses to make sanitary sewer connections and to charge the cost against the said owner and make it a personal liability, and to fix penalties for failure to make sanitary sewer connections. [6] To require property owners, their agents and lessees to remove within a reasonable time, ice, slush, snow and other debris from sidewalks fronting on property owned, occupied or con- trolled by such owner, agent or lessee and to require such owner, agent or lessee to remove all low hanging limbs from trees adjacent: to side: walks in said City. CHT?‘ant, $22 (7) To prohibit or regulate the driving of herds of horses, mules, cattle, hogs, sheep, goats and all herds of domestic animals along or upon the streets, avenues or alleys of said City. 8] To establish and regulate public pounds and to regulate, restrain and prohibit the running at large of horses, mules, cattle, sheep, swine, goats, geese, chickens, pigeons, ducks, and all other domesticated animals and fowls and to authorize the restraining, impounding and sale of the same for the cost of the proceedings and the penalty incurred, and to order their destruction when they cannot be sold and to impose penalties upon the owner thereof for the violation of any ordinances regulating or prohibiting the same, and to tax, regulate, restrain, and prohibit. the running at large of dogs, and to authorize their destruction and impose penalties on the owners or keepers thereof. {9} To prohibit the inhumane treatment of an imals and provide punishment therefor. {10} To prohibit and restrain the flying of kites, firing firearms, fireworks, rolling of hoops and the use of velocipedes, bicycles and skates, or the use and practice of any amusements on the streets or sidewalks to the annoyance of pedestrians or persons using such streets or sidewalks, and to restrain, regulate and prohibit the ringing of bells, or blowing of horns, bugles and whistles, crying of goods and alll other noises, practices and performances tending to the collection of persons in the streets or tending, unnecessarily, to inter- fere with the peace and quietude of the inhabit- ants of said City, and to suppress and regulate all necessary noises, [11] To license any lawful business, occupation or calling that is susceptible to the control of the police power, and to license, regulate, control or prohibit the erection of signs or billboards. [12] To license, tax and regulate or suppress and prevent hawkers, peddlers and pawnbrokers. (13] To license, tax and regulate all charges of fares made by any person, firm or corporation owning, operating or controlling any vehicle oper- ated for the carriage of passengers or freight for hire on the public streets of the City. NACOGDOCHES CODE (14] To regulate the operation of railway trains and street cars operated on, along or across the streets, rights-of-way, avonues or alleys of said City; to license and control the operation of auto- mobiles, motorcycles, taxicabs, busses, cabs and carriages and all character of vehicles using the public streets and to regulate the use and occu- pancy of the streets by any of such vehicles. [15] To regulate and control building trades and to charge fees therefore to the extent not preempted by state law. [16] To provide for the inspection of weights, ‘measures and meters and fix a standard of such weights, measures and meters and require con- formity to such standards and provide penalties for failure to use or conform to the same, and to provide for inspection fees. 117] To provide for the issuance of permits for erecting all buildings; for the inspection of the construction of all buildings in respect to proper wiring for electric lights and other electric appli- ances; piping for gas, flues, chimneys, plumbing ‘and sewer connections, and to enforce proper regulations in regard thereto. {18) To provide for establishing and maintain- ling] a public library. [19] To provide for the establishment and des: ignation of fire limits; to prescribe for the kind and character of structures to be erected therein; to provide for the erection of fireproof buildings within said limits and for the condemnation of dangerous or dilapidated structures which are calculated to increase the fire hazard. [20] To enact and enforce all ordinances and resolutions, necessary to regulate the safety of all office buildings, hotels, apartment houses, room- ing houses, hospitals, theatres, store buildings and all public buildings. {21] To require the construction of fire escapes in connection with public buildings, and to deter- mine the sufficiency and regulate the safety of all exits and fire escapes provided on public build- ings of every kind and character. cHT:SCHARTER {22} ‘To restrain and punish vagrants, mendi- cants, beggars and prostitutes, to regulate, con- trol or prohibit the sale, gift, barter, or exchange of cocaine, opium, morphine and the salts thereof. {23] To prohibit and punish keepers and in- mates of bawdy, assignation and disorderly houses, and to prevent und suppress such bawdy, assig- nation and disorderly houses, and to punish such, keepers, inmates and owners, or agents, of such owners of such houses, knowingly permitting such houses to be occupied as such bawdy, assignation or disorderly houses, to determine sue and keepers to be vagrants. [24] To provide for establishing and maintain- ing the Fire Department of the City. [25] To require waterworks corporation, gas companies, street car companies, telephone com- panies, electric light and power companies or other companies or individuals, exercising fran- chises, now or hereafter, from the City, to make and furnish extensions of their service to such territory as may be required by ordinance. 26) To establish and maintain the City Police Department, prescribe the qualifications and du- ties of policemen and regulate their conduct. [27] To provide for the enforcement of all ordi- nances enacted by it, by a fine not to exceed two hundred dollars ($200.00), provided that no ordi- nanee shall provide a greater or less(er] penalty than is prescribed for a like offense by the laws of the state. [28] ‘To provide for the commutation of fines imposed, by labor in a workhouse, on the public streets and public ways of the City; and for the collection of any fine imposed, execution may be enforced, as executions issued in civil cases. [29] To establish, maintain and regulate the City prison, workhouses and other means of pun- ishment for vagrants, City convicts and disor- derly persons, and such hospitals, orphanages and charitable institutions as may be deemed expedient by the governing authority. (Blection of 5-6-1995) ‘Art IL, $1 ARTICLE III. TAXATION See. 1, Taxation. (1) The City shall have the power and is hereby authorized to annually levy and collect, ad valo- rem taxes on all property within the territorial limits of the City (which is subject to municipal taxation) to the extent of the limit prescribed by the Constitution of the State of Texas for cities having a population in excess of 5,000. (2) The City shall have no right to require the payment of any poll tax or fee as a condition to the right to vote in any municipal election. [3) Said City shall authorize the granting and issuance of licenses and shall direct the manner of issuing and registering the same and fix the fees therefor; but no license shall issue for a longer period than one (1) year and shall not be assign- able except by permission of the governing author- ity of the City. [4] Said City shall have the power, annually, to levy and collect a franchise tax against any public corporation using and occupying the public streets or grounds of the City, separately from the tangi- ble property of such corporation, and to levy and collect, annually upon the property and shares of corporations, companies and corporate institu- tions, as the same are now or may be assessed by the State laws, and shall have full power to enforce the collection of such taxes {5] Said City shall have the power to regulate the manner and mode of making out tax lists, inventories and appraisements of property therein, and to prescribe the oath that shall be adminis- tered to each person rendering property for taxa- tion and to prescribe how, when and where prop- erty shall be rendered and to prescribe the number and form of assessment as may be deemed advis- able to secure the assessment of all property within the City limits and to collect taxes thereon and may provide a fine upon all persons failing, neglecting or refusing to render their property for taxation, and to do any and all other things necessary or proper to render effectual the collec- tion of monies by taxation. CHT‘Art, §1 (6) Said City shall have the power to provide for the rendition of unrendered property for tax ation and levy and assess taxes thereon, annually, and to provide for the rendition, levy and assess- ment of taxes for previous years on property omitted from taxation and to provide interest at the rate of six (6) per cent per annum upon such unrendered or omitted property and to charge and provide for correction and reassessment of property erroneously assessed. (7) All real, personal or mixed property held, owned or situated in the City of Nacogdoches shall be liable for all municipal taxes, due by the owner thereof, including taxes on real estate, franchises, personal and mixed property and all other municipal taxes of whatsoever character. Such municipal taxes are hereby declared to be a lien, charge and encumbranee upon the property so taxed and shall be a prior lien to all other claims, sales, assignments, transfers, gifts, and Judicial writs. Said lien shall exist from the first day of January of each year until all such taxes have been paid and against any real estate which, for any cause, has failed to be assessed for one (1) or more years, and such lien shall be good and effective for every year for which assessment has s0 failed. (8) Personal property of all persons, firms or corporations owing any taxes to City of Nacogdoches ishereby made liable for all of such taxes, whether the same upon personal or real property or upon both. [9] The governing authority of the City prior to October 1 of each year, shall levy the annual tax for such year, but special taxes or assessments allowed by this Charter may be levied, assessed and collected at such times as the governing authority may provide; provided, that should the governing authority fail or neglect to levy the annual tax herein provided for any one (1) year the annual tax levy for the preceding year last made by said governing authority shall and will be considered in force and effective as the tax levy for the year for which no annual tax levy was made. [10] Said City shall have full power to provide for the prompt collection, by suit or otherwise, of taxes assessed, levied and imposed, and is hereby NACOGDOCHES CODE authorized, and to that end shall have full power and authority to sell, or cause to be sold, all kinds of property, real and personal, and shall make such rules and regulations and enact all such ordinances as are deemed necessary for the col- lection of any taxes provided in this Charter. (11) Tt shall not be necessary in any action, suit or preceding [proceeding] in which the City shall be a party, for any bond, undertaking or security to he executed in behalf of the City. [12] The City shall have the power to control and manage the finances of the City; to provide its fiseal year and fiscal arrangements. [13] All moneys arising from the collection of taxes by the City shall be divided into two (2) funds, and designated as a "General Fund," and “Interest and Sinking Fund." [14] No irregularities in the time or manner of making or returning the City assessment rolls or the approval of such rolls, shall invalidate any assessment. [15] The governing authority of the City shall create a Board of Equalization whose duties shall, be to equalize the values of all property rendered for taxation in the City of Nacogdoches; preseribe the qualifications, compensation and number nec- essary to constitute said board, and enact all ordinances necessary to regulate and control the equalization of values by such board, {16} The provisions of this Section 1 shall be superseded by contrary or additional provisions and have all powers granted cities in the Property Tax Code of the State of Texas (VTC.A,, Tax Code) except that nothing therein shall restrict, the right of the voters of such City to utilize City-level initiative and referendum to set a tax rate, level of spending or limitation on tax in- crease for the City, (lection of 8-18-1970; election of 5-7-1988; elec- tion of 5-6-1995) Sec. 2. Bonds, certificates of obligation and other evidence of indebtedness, The City shall have the power to borrow money on the credit of the City and to issue general obligation bonds for permanent public improve- CHT:10CHARTER ments or for any other public purpose not prohib- ited by the Constitution and laws of the State of ‘Texas, and to issue refunding bonds to refund outstanding obligations of the City previously issued. All such obligations shall be issued in conformity with the laws of the State of Texas. ‘The City shall have the power to borrow money for the purpose of constructing, purchasing, im- proving, extending, or repairing of publie munic- {pal facilities, recreational public municipal facil- ities, or any revenue-producing municipal facilities rot prohibited by the Constitution and laws of the State of Texas, and to issue revenue obligations to evidence the pledge of revenue or property, either or both, to secure the repayment of such borrow- ing. With respect to obligations payable solely from the revenue or property pledged, the holders thereof shall never have the right to demand payment thereof out, of monies raised or to be raised by taxation. All such obligations shall be issued in conformity with the laws of the State of ‘Texas. ‘Where not prohibited by the Constitution and laws of the State of Texas, the City may also make or issue tax anticipation notes, revenue anticipa- n notes, advance refunding bonds, deficiency warrants, certificates of obligation, obligations representing the City's obligation under a lease- purchase contract and combined tax and revenue obligations where, in addition to ad valorem taxes, all or part of the revenues of a facility are pledged to the payment of the obligation. All such obliga- tions shall be issued in conformity with the laws of the State of Texas. lection of 5-7-1988) Sec. 3. [Obligations of City] incontestable. All obligations of the City having been issued and having been delivered to the purchaser thereof, shall thereafter be incontestable, and all bonds issued to refund or in exchange for outstanding obligations previously issued shall, and after said refunding or exchange, be incontestable. (Blection of 5-7-1988) Sec. 4, Budget. ‘The budget shall be prepared on the basis of estimates of departments. These departmental Supp. No. 11, Addition Art 56 estimates, showing the expenses of the depart- ment for the preceding year, and indicating wherein, increases or diminutions are recommended for the ensuing year, shall be printed in a City newspaper once at least two (2) weeks before submission to the City Commission. Due announce- ment shall be made of the day on which the budget is to be discussed by the City Commission ‘and printed copies of the budget as recommended shall be available to any citizen at the City Fal at, least one (1) week before the date set for discus- sion in the City Commission. ‘This discussion shall be in open meeting, and sufficient time shall be given to hearing protests and objections, oral or written, to any items in the budget. Sec. 5. Expenditures. Expenditures shall be legal only on the basis of appropriations in the budget, and on the author- ity of warrants issued by the director of account- ing, and approved by the Chairman of the Com- mission for the Commission. For good cause shown, the City Commission may pass resolutions transferring appropriations made from one (1) department to another depart- ‘ment, but in no event shall the total appropria. tions made for all the departments of the City ‘exceed the reasonably anticipated revenues for the City in excess of fixed charges for that year. (Blection of 5-6-1995) Sec. 6. [Accounting procedure.] Accounting procedure shall be devised and maintained for the City, adequate to record in detail all transactions affecting the acquisition, custodianship and disposition of anything of value, including cash receipts, credit transactions and disbursements; and the recorded facts shall be presented periodically to officials and to the pub- Jie in such summaries and analytical schedules in detailed support thereof as shall be necessary to show the full effect of such transactions for each fiscal year upon the finances of the City and in relation to each department of the City govern- ‘ment, including distinct summaries and sched- ules for each public utility owned and operated. cHT:ALArc IM, 87 Sec. 7. [Annual audit; certification of state- ments; balance sheet; publication of summaries.] ‘The City Commission shall cause a continuous audit of the books of account, and of all records and transactions of the administration of the affairs of the City; such audit to be made annu: ally, embracing each fiscal year and shall be made by a certified public accountant. The duty of the certified public accountant shall include the cer- tification of all statements required in Section 6 herein; such statements shall include a general balance sheet showing summaries of income and expenditures and also comparisons, in proper classification, with the last previous audit; such summaries shall promptly be made available for public inspection and may be published in some newspaper published in Nacogdoches, one (1) time, within ten (10) days after the completion of such audit. (Blection of 5-6-1995) Sec. 8. Depository. ‘The City Commission shall designate a bank as the City Depository, which shall be selected in accordance with current State law. (Bleetion of 5-7-1988; election of 5-7-2005) ARTICLE IV. THE CITY COMMISSION Sec. 1. Commissioners. (a) The elective officers of the City shall con- sist of five (5) Commissioners, one (1) Commis- sioner to be elected by each of the four (4) wards and one (1) to be elected at large, all for two-year terms. Each candidate shall designate the ward or place for which election is sought, and shall have such candidate's name placed on the official ballot as a candidate for the particular ward or place he seeks; and each voter may vote for but one (1) candidate for the ward in which such voter re- sides and for one (1) candidate for the at-large place. (b) In the event a candidate for any of said ward or place fails to receive a majority of the votes cast at the election for said office, the ‘Supp. No. 11, Addition NACOGPOCHES CODE Chairman of the City Commission shall, immedi- ately following the completion of the official count of the ballots cast at the said election and not later than three (3) days thereafter, issue a call for a second election to be held within thirty-five (35) days after said call, at which election the two (2) candidates receiving the highest number of votes for any such ward or place to which no one was elected at said first election by receiving a majority of the votes cast thereon, shall be voted for. The ballot to be used at said second election shall contain the office designated at the first election. The two (2) persons receiving, at the first election, the first and second highest number of votes cast for candidates for such ward or place shall be entitled to have their names printed on said ballot in the order of their standing in the computation of the votes cast at said first election for such ward or place. If any person who was a candidate at the first election and who shall be entitled to become candidate at the second elec- tion shall, before said election is called, request that such candidate's name be not placed on the ballot therefor, the candidate for such ward or place standing next in the computation of votes shall sueceed to the first candidate's rights with respect thereto. In the event ofa tie in the vote for the two (2) leading candidates for any ward or place at said first election, said office shall be filled at a second election, as herein provided for, at which such candidates, so tied in said first election, may again become candidates. (Election of 2-3-1973; eleetion of 5-7-1988; elec- tion of 5-6-1995) Sec. 2, Regular election. The regular municipal election of the City of Nacogdoches shalll be held on the first Saturday in May of every yi (Election of 5-7-1988) See. 3. Special election. All elections provided for in this Charter except the regular election held on the first Saturday in May of every year, shall be called Special Elec- tions, and all elections shall be conducted and results canvassed and announced by the election, authorities as prescribed by the Election Code of the State of Texas [V.T.C.A., Election Code] relat- CHT:2CHARTER ing to cities and towns, and said Election Code shall control in all municipal elections, except as otherwise herein provided. The Commission shall be the judge of the election and qualification of its members. (Bleetion of 5-7-1988) Sec. 4. Ordering elections. Notice of such election shall be given in accor dance with current State law. (Blection of 5-6-1995; election of 5-7-2005) Sec. 5. Election returns. ‘The Commission shall, on the next regular meeting day of said Commission, after each reg- ular and special election, canvass the returns and declare the results of such election. Sec. 6. Term of office. Each Commissioner shall serve two (2) years and until his successor shall be elected and qual- ified, See. 7, Chairman of the Commission. ‘The commissioner occupying the at large p tion shall serve as Chairman of the City Commis- sion and be given the honorary title of Mayor, effective with the election of May 6, 1995. ‘The Chairman shall be the presiding officer of the City Commission. He shall vote as a member of the City Commission on all matters coming before the body; sign all bonds, warrants and other official documents; be the official head of the City, and exercise all powers and perform all duties imposed upon him by this Charter and by the ordinances of the City, and resolutions of the City Commission. On an’annual basis the City ‘Commission shall choose a Chairman Pro Tempore and Vice Chairman Pro ‘Tempore to serve in the absence of the Chairman, (lection of 5-6-1995) Sec. 8, Vacancies. Vacancies in the Commission shall be filled by 1 special election for the remainder of the unex- pired term, as provided by ordinance. ‘Supp. No. 1, Addition Art IV,§11 Sec. 9. Qualifications. Each Commissioner shall be a resident citizen of the City of Nacogdoches; have the qualifica- tions of electors therein, and shall have been a resident citizen of the City of Nacogdoches for a period of one (1) year immediately next preceding, such election. Commissioners elected by a ward shall have been a resident of such ward for a period of six (6) months immediately preceding such election. The Commissioners and other offie- ers and employees shall not be indebted to the City; shall not hold any other elective office of emolument and shall not participate in discussion nor vote on any eontract|,] job, work or service for ‘the municipality in which such Commissioner has a substantial interest. Any officer or employee of the City who shall cease to possess any of the qualifications herein required shall forthwith for feit his office and any such contract in which any officer or employee is or may become interested may be declared void by the Commission. No officer or employee of the City (except policemen and firemen in uniform or wearing badge), shall aceept any frank, free ticket, passes or service, oF anything of value, directly or indirectly from any person, firm or corporation, upon terms more favorable than are granted to the public. Any violation of this section shall be a misdemeanor, and on conviction for such violation, such office or employment shall be forfeited. (lection of 5-7-1988; clection of 5-6-1995) See. 10. Commission constituted legislative and governing body of City. ‘The Commission shall enact all ordinances and resolutions, and adopt all regulations; and consti- tute the legislative and governing body of the City Sec. 11. Meeting of the Commission. Within five (5) days after the election of the Commissioners has been declared by the City, {the] Commission shall meet in the Council Cham- ber of the City Hall, at which time the Commis- sioners shall qualify and assume the duties of their offices. Thereafter, the Commissioners shall cHTsArt. IV, 611 meet at such time as may be prescribed by ordi- nance or resolution, but they shall meet at least ‘once each month, Sec. 12. Legislative procedures. ‘The Chairman of (or) any three (3) Commis- sioners may call special meetings of the City Commission at any time deemed advisable. The City Commission shall determine its own rules and order of business, and shall keep a journal of its proceedings, in a permanently bound book, and any citizen shall have access to the minutes and records thereof at all reasonable times. Any throe (3) members of the City Commission shall constitute a quorum for the transaction of any business, and the affirmative vote of three (3) members of the City Commission shall be suffi- ciont and necessary to adopt or repeal any ordi- nance or resolution, [which] shall be taken by "Yea" and "Nay" vote, and entered upon the jour- nal. All members of the City Commission present, at a meeting shall vote upon every question, ordinance or resolution, which shall be entered upon the journal. Any Commissioner refusing to vote shall be entered on the journal and counted as voting in the affirmative. Every ordinance or resolution passed by the City Commission shall be signed by the Chairman and attested by the person acting as City Secro- tary and tho seal of the City impressed thereon within ten (10) days after its passage. Sec. 13. Compensation and attendance. No Commissioner shall receive compensation for service on the City Commission. Any Commissioner who fails to attend three (3) consecutive regular meetings of the City Commis- sion without being granted an excused absence by the City Commission shall be deemed to have vacated the office by such absences. (Blection of 5-6-1995) Sec. 14. Ordinance enactment. Each proposed ordinance or resolution shall be introduced in written or printed form, shall not contain more than one (1) subject, which shall be clearly stated in the title, but general appropria- ‘Supp. No. 11, Addition NACOGDOCHES CODE tion ordinances may contain the various subjects and accounts for which monies are to be appro- priated. Sec. 15. Emergency measures: Defined and provided for. ‘An emergency measure is an ordinance or resolution for the immediate preservation of the public peace, property, health, or safety, or provid- ing for the usual daily operations of a municipal department, in which the emergency is set forth and defined in a preamble thereto. Ordinances appropriating money and ordinances for the pay- ment of salaries and wages may be passed as emergency measures, but no measure making a grant, renewal or extension of a franchise, or other special privilege or regulating the rate to be charged for its services by any public utility, shall ever be passed as an emergency measure, An emergency ordinance shall require a unanimous vote of all the Commissioners. (Election of 5-7-1988; election of 5-6-1995) Sec. 16. Ordinances: Publication. Every ordinance imposing any penalty, fine, imprisonment, or forfeiture, shall after the pas- sage thereof, be published once in some newspa- per published in the City of Nacogdoches, and no such ordinance shall become effective until ten (10) days after the date of its publication, pro- vided that emergency measures shall take effect according to their terms. Sec. 17. Ordinance: Recording. Every ordinance, or resolution upon its becom. ing effective, shall be recorded in a permanently bound book kept for such purpose and shalll be authenticated by the signature of the Chairman of the Commission and the person exercising the duties of City Secretary. Sec. 18. Investigations by Commission. ‘The Commission may investigate the financial transaction of any office or department of the city government, and the acts and conduct of any official or employee. In conducting such investi- gation, the Commission may compel the atten- dance of witnesses, the production of books and cHT14CHARTER papers, and other evidence, and for that purpose may issue subpoenas or attachments which shall be signed by the Chairman; which may be served and executed by any officer authorized by law to serve subpoenas or other process, or any peace officer of the city. If any witness shall refuse to appear or to testify to any facts within his knowl- edge, or to produce any papers or books in his possession, or under his control, relating in the matter under investigation before the Commis- sion, the Commission shall have the power to cause the witness to be punished as for contempt not exceeding a fine of one hundred dollars ($100.00), and three (3) days in the city prison. No witness shall be excused from testifying, touching. his knowledge of the matter under investigation in any such inquiry, but such testimony shall not. be used against him in any criminal prosecution except for perjury committed upon such inquiry. Sec. 19. Appointments by City Commission. ‘The City Commission shall annually appoint, at its first regular meeting after the regular City Commission election, a City Attorney, Municipal Court Judge(s) and a City Health Officer. lection of 5-6-1995) ARTICLE V. THE CITY MANAGER, Sec. 1. Appointment. ‘The City Commission shall appoint a City Manager at the organization meeting of said board or as soon thereafter as practicable, who shall be the administrative head of the municipal government, under the direction and supervision, of said board. (lection of 5-6-1995) See. 2. Residence of City Manager. The City Manager may or may not be a resi- dent of the City of Nacogdoches when appointed; however, the City Manager shall become a bona fide resident of the City of Nacogdoches within six (6) months of appointment and thereafter such residence shall be a requirement of continued ‘employment as City Manager. (Election of 5-7-1988) Supp. No. 11, Addition Ar. ¥, 85 See. 8. Term of office. The City Manager shall be appointed for an indefinite period and shall be subject to discharge at the will of the City Commission. (Blection of 5-6-1995) See. 4, Absence of [or] disability of City Man- ager. During the absence or disability of the City Manager, the City Commission shall designate some properly qualified person to perform the duties of said offic. (Blection of 5-6-1995) See. 5, Powers and duti ‘The powers and duties of the City Manager shall be: (a) To devote all his working time and atten- tion to the affairs of the City and be responsible to the City Commission for the efficient administration of its affairs. (b) To see that all laws and ordinances are enforced. (©) Appoint and, when necessary, suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by lav, this charter or personnel rules adopted pursuant to the charter. The City Commission shall approve de- partment heads before said department head assumes his/her duties. The City Manager may authorize any administra- tive officer subject to the Manager's direc- tion and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. (a) To exercise supervision and control over all departments created by this Charter or that may hereafler be created by the City Commission, except as otherwise pro- vided herein. (©) To attend all meetings of the City Com- mission with the right to take part in the discussions but having no vote; and he shall be notified of all special meetings of cHTSArt SS. said board in the time and manner this Charter requires such notice to be given to the members of said board. (To see that all terms and conditions im- posed in favor of the City or its inhabit- ants on any public utility franchise are faithfully kept: and performed, and upon knowledge of any violation thereof to call the same to the attention of the City Commission. (g) To prepare and submit to the City Com- mission prior to the beginning of each fiscal year, a budget of proposed expendi- tures for the ensuing year, showing in as much detail as practicable the estimated amounts required by months for the effi- cient operation of each department of the City Government and the reasons for such estimated expenditures. (b) To make a full written report to the City Commission as soon after the close of each month's accounts as possible, showing the operation and expenditures of each depart- ment of the City government for the pre- ceding month, and a comparison of such monthly expenditures, by departments, with the monthly allowances made for such departments, and to keep said board fully advised at all times as to the finan- cial condition and needs of the city. (To act as purchasing agent for the City and to purchase all merchandise, materi- als and supplios needed by the City; to establish a suitable storehouse where such supplies can be kept, and from which same shall be issued as needed, and to adopt such rules and regulations govern- ing requisitions and the transaction of business between himself, as such pur- chasing agent, and the heads of the de- partments, officers and employees of the Gity, as the City Commission may ap- prove. ‘The City Manager, as purchasing agent, shall have the authority to bind the City for up to $5,000.00 from any one (1) ven- Supp. No. 11, Addition NACOGDOCHES CODE dor within any three (3) month period for unbudgeted purchases without the ap- proval of the Commission. (To recommend to the City Commission the salaries to be paid each appointive officer and subordinate employee of the City, and it shall be the duty of said board to pass ordinances or rosolutions, from time to time, fixing rates of compensation. (x) To recommend to the City Commission in writing, from time to time, for adoption, such measures as he may deem necessary or expedient; and () To do and perform such other duties as may be prescribed by this Charter or be required of him by the ordinances and resolutions of the City Commission. (m) ‘To sign deeds or other documents of con- veyance of cemetery spaces, lots or par- cels owned by the City of Nacogdoches. (Election of 5-7-1988; election of 6-6-1995; elee- tion of 5-7-2005) Sec. 6. Compensation of City Manager. ‘The City Manager shall receive such compen- sation as the City Commission shall fix from time to time by ordinance or resolution. (Blection of 5-6-1995) See. 7. Departments. ‘There shall be such administrative depart- ments, as: Law, Public Works and Utilities, Publie Health, Public Safety and Welfare, Accounting and others as the Commission shall create. The ‘Commission may divide or consolidate the admin- istration of the City's affairs as they may deem cHT:6CHARTER advisable, and may diseontinue any such office or department, at their diseretion, except the office of City Manager and City Secretary. lection of 5-6-1995) Sec. 8. Surety bond. Only the City Treasurer or his accredited dep: uties for whom he and his bondsmen will be responsible, shall collect, receive or handle any funds of the City. ‘The City Commission shall have the right to require official bond from all appointive officers and employees of the City, in such amounts as said Board may from time to time fix by ordinance or resolution, and conditioned for the faithful accounting of all credits and things of value coming into the hands of such officers or employ- (Blection of 5-6-1995) Sees. 9, 10. Reserved. Editor's note—At the election on May 7, 1995, §§ 9, 10, which pertained tothe provisions applying anly when the City Commission shall appoint a City Manager, and authority of the Commission when an office is vacant, were repealed, ARTICLE VI. MUNICIPAL COURT See. 1. Establishment. ‘There shall be established and maintained a court designated as a municipal court for the trial of misdemeanor offenses, with all powers and duties as are now or hereafter may be prescribed by the laws of the State of Texas relative to municipal courts. (Blection of 5-6-1995) Sec. 2, Judge and Clerk of the Municipal Court. ‘The judge or judges of said court shall be appointed by the City Commission for a one-year term unless sooner terminated at the pleasure of the City Commission, shall receive such salary as may be fixed by the City Commission, shall be under the administrative direction of the City Art. VIL, §3 Manager and said judge shall not be an elected official. The City Secretary or an assistant City Secretary shall be ex-officio Clerk of said court. (Bloction of 5-6-1995) Sec. 3. Powers of Clerk. ‘The Clerk and Deputy Clerk of said court shall have the power to administer oaths and affida- vits, make certificates, affix the seal of said court thereto, and generally do and perform any and all acts ustial and necessary by the Clerk of Courts in issuing process of said court and conducting the business thereof, (Election of 5-6-1995) Sec. 4. Substitute Judges. ‘The City Commission may appoint one (1) or more judges to serve if the regular judge, the presiding judge, or an associate judge is tempo- rarily unable to act. (Blection of 5-6-1995) ARTICLE VII. GENERAL PROVISIONS Sec. 1. Amendments to Charter. ‘This Charter, ater its adoption by the qualified ‘voters of the City of Nacogdoches, may be amended in accordance with the provisions of an act of the 33rd Legislature of the State of Texas, entitled, “an Act Authorizing [sic) Cities Having More Than Five Thousand Inhabitants by Majority Vote of the Qualified Voters of Said City, at an Election Held for that Purpose to Adopt and Amend Their Own Charter, Etc.," approved April 7, 1913, and any Acts amendatory thereof. Sec. 2. Ordinances continued in force. All ordinances and resolutions in force at the time of the taking effect of this Charter, not inconsistent with its provisions, shall continue in fall force and effect until amended or repealed. Sec. 3. Continuance of present officers. All persons holding office at the time this Charter goes into effect shall continue in office and in the performance of their duties until provision shall have otherwise been made in CHT:ATArt. VIL $3) accordance with the provisions of this Charter for the performance of the duties of or the discontinu- anee of any such office. When such provision shall have been made, the term of any such officer shall expire and the office be abolished. The powers which are conferred and the duties which are imposed upon any officer, board or department of the City under the laws of this State shall, if such officer, board or department is abolished by this Charter, be thereafter exercised and discharged by the officer, board or department upon whom aro imposed corresponding functions, duties and powers under the provisions of this Charter. See. 4, Continuance of contracts and vested rights. All vested rights of the City shall continue to be vested and shalll not in any manner be affected by the adoption of this Charter, unless otherwise herein expressly provided to the contrary. All contracts entered into by the City or for its benefit prior to the taking effect of this Charter shall continue in full force and effect. All public work begun prior to the taking effect of this Charter shall be continued and perfected hereunder. Pub- lic improvements for which legislative steps shall have been taken under the laws in force at the time this Charter takes effect may be carried to completion in accordance with the provisions of such laws. See. 5. Construction. ‘The provisions of this Charter shall be liberally construed for the purpose of obtaining the objects [objectives] thereof. Sec. 6. Meaning of certain words. Unless some other meaning is manifest, the word "City" shall be construed to mean the "City of Nacogdoches, Texas"; the word "and" may be read "or" and the word "or" may be read “and”, if the sense requires it; and words in the present tense include future tense, except when a more restricted meaning is manifest, and singular may ‘mean plural. coe See. 7. Males and females. ‘Throughout this Charter, words used express: ing masculine gender shall be construed to in- clude the feminine, Sec. 8. (Saving clause.] Should any portion of this Charter be held by the Courts of the State to be unconstitutional, such holding shalll not have the effect of invalidat= ing any other portion of this Charter. CHT:18BUDGET OVERVIEW FUND SUMMARY - REVENUE = Capital Sanitation @ Equip. Projects Fa. Replacement 0% 12% 1% 0G.0. Debt 2% Sunset Trust 0% Special Rev. Airport Fund . 1% 5% wUtility Fa. 4% General Fd. 45% FUND SUMMARY -— EXPENDITURES Sanitation Equip. Fd. Replacement 12% 1% Sunset Trust 0% wA\rport Fund 1% Utility Fa. General Fd.BUDGET OVERVIEW Revenues ‘Aetual YTD Estimated Budget 2005-2006 «3/31/2007 «2006-2007 2007-2008, 14,967,834 $ 9,137,767 $ 13,771,820 $ 15,598,900] |Special Revenue Fund 2.472608 $ 1,015,562 805,850 $ 2,471,350) |General Obiig. Debt Service 1,144,750 $ 1,080,166 $ 1,130,700 $ 1,109,800} IFund [Capital Projects Fund 12,872 6.576 : J [Total Governmental Funds 18,598,062 $ 11,240,071 $ 15,708,370 $ 19,180,050] Proprietary Funds [Enterprise Fund — Utiity Fd. 15,978,636 $ 7,890,114 $ 14,300,220 $ 15,715,672] [Enterprise Fund ~ Sanitation Fd. 5,291,105 § 2,801,497 $ 4,781,228 $ 5,540,000] [Enterprise Fund — Airport Fa. 32,049 83,977 241,400 414,000] Internal Service Fund — 437,573 186,217 416,000 406,734) IEquipment Replacement Fund 21,739,363 $ 10,961,205 $ 19,738,848 $ 22,076,406) 11,377 6.365 4,500 12,000} 40,348,802 $§ 22,207,641 $ 35,451,718 § 41,268,456) 419,577 $ 2,235,400 $ 4,501,300 $ 4,635,600) |Special Revenues Fund 28,774 [Enterprise Fund — Airport Fd - - 81,539) [Sunset Trust Fund 3,062, - 4,500 4,500] 25,000 25,000) 4.981.413 $ 2,235,400 $ 4,530,800 $4,746,530) Total Available Funds 44,700.25 $ 24,443.01 $ 39,982,518 $ 46,014,996]BUDGET OVERVIEW Expenditures |Governmental Funds |General Fund |Special Revenue Fund |General Oblig. Debt Service Fund ICapital Projects Fund [Total Governmental Funds Proprietary Funds lEnterprise Fund ~Utilty Fund [Enterprise Fund — Sanitation Fd, [Enterprise Fund — Airport Fd. Internal Service Fund — [Equipment Replacement Fd [Total Proprietary Funds [Total Operating Expenditures lintra-Governmental Transfers |General Fund [Special Revenue Fund ICapital Projects Fund lEnterprise Fund -Utiity Fund lEnterprise Fund ~ Sanitation Fa |Equipment Replacement Fund |Sunset Trust Fund Total intra-Governmental [Transfers [Total Allocated Funds TRatual 2005-2006 VD 3/31/2007 Estimated 2006-2007 Budget 2007-2008 17,180,533, 3,098,903 4,116,288 8,648,616 $ 97,126 S 307,690 $ 24,052 $ - 18,192,145 "748,800 1,120,378 20,148,370] 2,404,225 1.113.248) 437,440 21,833,234 $ 9,957,484 $ 20,061,323 11,242,919 3,143,819 73,890 372,484 5,284,833 1,435,883 114,253, 41,006 11,055,790 3,149,728 "450,000 432,200 14,893,112 § 6,875,975 $15,087,718 36,666,346 $ 16,833,459 $ 35,149,041 6,836 - 45,577 - 4,500 25,000 2,839,300 1,631,500 24,500 6,000 1,419,650 815,750 2,716,700 1'587,000 24,500 11.377 : 4,371,990 2,235,400 $ 4,530,800 41,038,336 $ 19,068,859 $ _ 39,679.841BUDGET OVERVIEW Where The Money Comes From Other Revenues Property Taxes Sales Taxes o% 17% 12% ‘Special Revenues 8% User Fees Franchise Taxes 52%BUDGET OVERVIEW TOTAL BUDGET —- REVENUES Revenue estimates are based on actual prior year amounts, projected FY 2006- 2007 amounts, trend analysis, and general economic forecast. The 2007-2008 Budget operating revenues are 16% over projected FY 2006-2007. Below is a summary of total City revenues by major revenue type. Total Revenue by Major Type ‘Actual YTD Estimated Budget 2005.06 3731/2007 2006-07 2007-08 BOOTS Ss «OSI9TS 6730700 $6,830,650 4645.90 $ — 2.507,781 4429070 $ 5,100,000 212014 $ 168,751 1.980760 $ 2,480,000 23282 § 10,7073 1929210 $ 21,403,284 8 8 s s 3,953,849 1,604,035 4,415,400 3,464,400 2673135 1,236,765 1.504.678 4,990,122 $ 40523225 $ BITE $ SASL TIB S 41,268,456 liter Fund Transfer $437,990 $ 2235400 $ 4.530.800 $4,746,530 [Total Revenues S$ _44700215 $ MawoN $ saERSIE $ 46014906 Property Taxes The City of Nacogdoches relies on property taxes to raise 17% of the operating revenue needed to support municipal operations. The FY 2007- 2008 Adopted Budget is balanced with a 55 cents property tax rate. The property tax rate decreased 1 cent from the tax rate for FY 2006- 2007. The FY 2007-2008 property tax rate reflects an increase in assessed values due to growth in the city. Property Tax RevenuesBUDGET OVERVIEW TOTAL BUDGET ~ REVENUES Based on an assessed valuation growth of 5%, the adopted property tax rate for FY 2007-2008 is 55 cents per $100, which is a decrease of 1 cent in the tax rate from FY 2005-2006. The following chart shows the City of Nacogdoches tax rates. and assessed valuation over the past ten years and for the Proposed Budget period. Tax Rates and Valuations Fiscal Total General Debt Assessed Year Rate Fund Fund Valuation 1996-1997 6775, 65250 .02500 678,981,938 1997-1998 6450 58500 -06000 739,119,084 1998-1999 6430 -56400 07900 745,825,478 4999-2000 6430 56430 07870 771,315,396 2000-2001" 6180 54070 0730 851,777,980 2007-2002 6100 53650 07350 887,633,890 2002-2003 5792 47650 10270 979,862,050 ~ 2003-2004 5600 46189 .09811 $1,053,189,420 2004-2005 | _.5600 47800 -08200___| $1,080,000,000 2005-2006 5600 46290 |_.09710__| $1,155,556,860 2006-2007 5600 46460 09540 | $1,174,423,560 2007-2008 5500 45980 09020 | $1,235,600,000 Property tax revenue in the General Fund is used to support operating expenditures for general services provided by City Departments. Property value growth is due to normal growth and reappraisal. The FY 2007-2008 Adopted Budget a contains a property tax rate of 45.98 Tax Revenues for Debt Service cents for the General Fund, which is a .48-cent increase from prior year. ‘A component part of the tax rate is for debt service. Debt service is the annual principal and__ interest payment on outstanding bonds. The tax rate for debt service is 9.02 cents. This is a decrease of .52 cents.BUDGET OVERVIEW —_— OO TOTAL BUDGET — REVENUES Local Sales Tax The State of Texas grants local governments the authority to levy a local sales tax of up to 2%. With the state sales tax currently at 6.25%, Nacogdoches Hospital District levies 1% allowing the City of Nacogdoches to levy 1% for a total of 8.25%. Reflecting an increase in retail development, the FY 2007-2008 sales tax projection is 15% more than the FY 2006-2007 estimate. Local sales tax Fevenues constitute 12% of revenues estimated in the FY 2007-2008 Adopted Budget Sales Tax Revenue Fiscal Years Franchise Tax This category includes gross receipts tax on utilities operating in City right-of- way. Electric, natural gas, cable TV, and telephone are among the included utilities. The franchise tax is assessed based on a percentage of the utilities gross receipts. A 24% increase is included in the FY 2007-2008 Budget. The increase can be attributed to an increase in the cable TV franchise tax revenue. Users Fees These revenues represent charges for City services that are provided by departments. Examples include water and sewer charges, license fees, garbage collection fees, and recreation fees. These revenues project an 11% increase in FY 2007-2008. This increase can be attributed to the addition of fuel sales at the City’s airport to the City’s revenue stream and the continual growth in water and sewer sales from expansion.BUDGET OVERVIEW TOTAL BUDGET ~ REVENUES Special Revenue Revenues in this category include bed tax from motels, state and federal grants, municipal court fines and seized funds from police activities. FY 2007-2008 has a projected increase of 245%. New Federal grants of $1.5 million for drainage improvements and sewer line improvements account for the increase. Special Rovenues account for 8% of operating revenues Other Revenues Revenues not otherwise defined are included in this category. These include interest income, donations, proceeds from bond sales, and other miscellaneous income. Other revenues account for 5% of operating revenues. An increase for FY 2007- 2008 Adopted Budget results from an increase in interest income. Inter-Fund Transfers Inter-Fund Transfers are contributions made by one fund to reimburse that fund's ‘share of operations in another fund such as a contribution from Water Utility Fund to the General Fund to support administrative and collection costs or franchise costs for Utility Fund. Inter-Fund Transfers from the Utility Fund and Sanitation Fund to General Fund for administrative costs and franchise fees accounts for 99% of Inter-Fund transfers. The FY 2007-2008 Adopted Budget shows an increase of 5%, which is attributed to the 3% CIP increase to transfers for administrative cost and franchise fees.BUDGET OVERVIEW TOTAL BUDGET ~ REVENUES Budget [Category oe 2007-2008 Property Taxes, 6,830,650 ‘Sales Taxes 5,100,000 Franchise Taxes 2,480,000 User Fees License & Permits 502,550 [Sanitation Charges 4,700,000 Landfill Gate Receipts 680,000 ICharges for Current Services 1,010,734 |Water Charges 7,010,000 [Sewer Charges 7,500,000 Total User Fees $21,403,286 ISpecial Revenues Fines & Forfeitures 41,202,500 Hotel Motel Revenue 625,000 lintergovernmental Revenues 1,636,900 [Total Special Revenues 3,464,400 lOther Revenues Interest Eamed $981,250 [Miscellaneous Revenue 8 1,008,872 Total Other Revenues $1,990,122 [Subtotal $41,268,456 Inter-Fund Transfers 8. 4,748,530 Total of all Revenues $46,014,986BUDGET OVERVIEW TOTAL REVENUES BY MAJOR TYPES Rat |Property Taxes 'Sales Taxes Franchise Taxes lusors Fees License & Permits Sanitation Charges lLandfit Gate Receipts \Charges for Current ‘Services |Water Charges [Sewer Charges |Special Revenues IFines & Forfeitures Hotel / Motel Revenue Intergovernmental Revenues, (Other Revenues Interest Earned Miscellaneous Revenue loperating Revenues lnter-Fund Transfers {Total of all Revenues _ 2005-2006 6,607,538 8 4,645,390 $ 2,120,014 S$ 396,678 3 4414284 8 665,927 3 599,341 8 7,268,010 6,984,059 $20,328,299 908,345 636,790, 2.408,714 3,983,849 1,362,996 4,310,139 $2,673,135 $40,328,225 $4,371,990 D 3/31/2007 § 6319576 $ 2,507,781 $168,751 8 265,542 $ 2;366,656 8 327,096 $343,737 $ 3.227.497 $ 3,840,205 $ 10,370,733 671,001 345,433 587,601 1,604,035 122,723 514,042 8 8 S 1,236,765 $ 22,207,641 $2,236,400 $24,443,041 ted 2006-2007 § 6,730,700 4,429,070 1,989,750 356,220 4,087,000 672,000 816,900 6,860,000 6,600,000 $ 19,292,120 774,500 500,000 140,900 1,415,400, 631,950 962,728 8 8 $1,994,678 $35,451,718 $_ 4,530,800 $39,982,518 Budget 2007-2008 $ 6,830,650] $ 5,100,000] $ 2,480,000] 502,550) 4,700,000 680,000) 41,010,734] 7,010,000] 7,500,000 $ 21,403,284) 1,202,500) 625.000] 1,836,900) 3,484,400] 981,260] 1,008,872) $ 1,990,122] $41,268,456 $4,746,530 $44,700,215 4BUDGET OVERVIEW TAX COLLECTIONS/ DISBURSEMENT SCHEDULE ASSESSED VALUE $1,235,600,000 ‘Tax Rate per $100 Valuation For Operations 5,681,289 For Debt 4,114,511 6,795,800 For Operations Estimated Current Tax Collections $5,510,850 Estimated Dolinquent Tax Collections $110,000 Estimated Penalty & Interest Collections $110,000 Total Tax & Penalty Collections for Operations $9,730,850 For Debt Estimated Current Tax Collections 1998 Cert, Of Obligations. 0.01856 186,000 Estimated Current Tax Collections 2000 Cert. Of Obligations 0.00410 49,000 Estimated Current Tax Collections 2002 Cert. Of Obli 0.03937 469,800 Estimated Current Tax Collections 2003 General Oblig. Refd. 0.03117 372,000 Total Current Tax Collections for Debt Service 0.09020 1,076,800, Estimated Delinquent Tax Collections 1998 Cert. Of Obligations 3,800 Estimated Delinquent Tax Collections 2000 Cert. Of Obligations. 1,000 Estimated Delinquent Tax Collections 2002 Cert. Of Obligations. 8,500 Estimated Delinquent Tax Collections 2003 General Oblig. Refd. 10,000 Total Delinquent Tax Collections for Debt Service 23,000 1,099,800,~ BUDGET OVERVIEW TOTAL BUDGET — EXPENDITURES ‘The FY 2007-2008 Adopted Operating Budget is 17% more than the FY 2006- 2007 Year End Estimated. The following chart shows the Total Operating Expenditures by Expenditure Category for all operating funds. Total Expenditures by Expenditure Category Actual YTD Estimated Budget 2005-2006, 3/31/2007 2006-2007 _2007-2008 15,807,657 8.260, 163 $ 16,842,910 $ 18,652,260 1,701,080 821,659 1,608,928 § 2.047.446 2,332,956 1,001,382 2,220,380 $ — 2,503,550 6.451.118, 2,878,246 6,366,155 $ 6,841,760 3,924,282, 4,019,714 3,248,799 $ 2,934,990 2,131,960, £800,825, § 122, $ $ $ $ $ $ $ $ $ $ $ $ $143,100 31,839,087 $ 14,791,019 $ 30,430,270 $ $ $ $ $ $ $ $ $ $ $ $ 35,102,015 1,116,268 3,451,368 259,625, 307,690 112.716 22.034 1,120,378 1,113,248 3,539,325 4,545,870 260,068, 258,963, 4,827,259 2,042,440 4718771 5,918,081 Operating Expenditures $ 36,666,346 Inter-Fund Transfers $4,371,090 16,833,459 $ 35,149,041 $ 41,020,096 2.235.400 _$ 4,530,800 Total Expenditures _$_ 41,038, 19,068,859 _$ 39,679,841 Personnel costs increased 11% in FY 2007-2008, The budget includes a 3% cost-of-living increase for full time employees and partial implementation of salary adjustments. The budget also includes the addition of seven (7) new position. Personnel costs are 45% of the operating budget. The capital outlay category reflects a increase of 1483% in FY 2007-2008. New drainage capital project in FY 2007-2008 resulted in an increase in capital outlay in FY 2007-2008. Capital Outlay composes 5% of the City’s operating budget.BUDGET OVERVIEW Where the Money Goes Debt Service Personnel Services 45% Supplies Contractual Maintenance 5% Services 6% 17%BUDGET OVERVIEW Financial Sources: Property Taxes Sales and Use Taxes Franchise Taxes LUeense and Permits Charges for Curent Services Fines & Forttures Intergovernmental Reveruos Hotel Mote Tox Receipts Interest Mscelaneous Revenues InterFund Transters Total Revenues Expenditures: General Government Pub Safty Highways & Streets CGutural & Recreational Community Development Fund Aiport Coastrtion Fund Fodteture Funes Historical Fond otal Motel Tax Fund Public Saety Trinng Fund Mayor's Commitee on Disabilty Special Grant Fund Bond Debt Fund Capital Projects Fund InteeFund Transtecs ‘otal Expenditu Excess (Defcinoy) of Revenues over Expenditures 2006 5487.28 4,645,390 2az0.014 ‘347.730 252.355, 906 260 T3473 21200 173.463 4319577 19.207 411 4,283,106 9.806 208 11000 418, 2.040.142 6.836 17,187,360 General Fund 2007) Estimates 5.610.000 4.429.070 4.989, 750 296,000, 279,500 773,500 65,000 229,000 100,000 4,508,300 19273,120 4612565 10,101,620 11.208,400 2.274.480 4.500 19,196 645,BUDGET OVERVIEW Special Revenue Funds 2007 Estimates 2006 cal 1485 636.790 31.031 1901995 2a774 2008 Budget 1.000 4.s74:900 ‘25,000 3,450 270000 2,501,380 2,496,380 Debt Service Fund 2007 Estimates 2006 Actual Budget sz0212 4.120,700 1,099,800 1.344.750 1.430.100__1,109,800 24571 169,000 22.276 50,000 1446 4,100 soar 28800 nr 476,700 7.055 5.500 1037 11000 1,799,403 000 assrr 25,000 3.146.570 773,800 419.000 42,000 1100 38.500 594,125, 5.500 41000 25,000 2.429.205 1116268, 1120,378, sanazee 1.118268 1t20378__1.113.248 (643.190) (3.440)BUDGET OVERVIEW Capital Funds 08 2007 2008 Actual Estimated Budget Financial Sources Property Taxes ‘Sales and Use Tases Franchise Tases| License and Permits {Charges for Grent Services Fines & Forties intergovernmertal Reverues Hote Motel Tox Receipts Aiscallneous Revenues InrFund Transine Total Revenues: Expenditures: ‘General Government Publ S Higrways & Strats uta & Recreations Community Development Fund [Axpoe Constnvtion Fund Forfeiture Fund Historical Fond Hotel Mote! Tax Fund Public Safety Tearing Fune Mayor's Committe on Osabity Sp0cial Grant Fund Bond Debs Fund Captal Projects Fund InterFund Transfers Total Expenditure: Excoss(Defcency) of Revenues over Expenditures (20,189)BUDGET OVERVIEW 6.007.538 4.645.390 2.120018 ‘47-790 252.355, 900,945 2.308.778 ‘526,790 520,684 364,458 448,351 72.046.413 Governmental Funds 2007 Estimates 6,730,700 4429070, 11,989,750 295.000, 279,500 774500 140.900 500,000, 243,450 325,500 4,526,300 20.234.670 6,830,650 5,100,000 "447 550, 244,000 4,202,500, 11636 900 525,000 283,460 330.000 4,560,500 23,640,580 4,283,165 ‘806,208 11990;418 2.080.442 sa4s7t 22276 1446. 40477 irs 7.085 tos 1,790,403 1116,268 3.055 52413 21,481,262 4612648 10,101 620, 1,203,400, 2.274.480 ‘69,000 0,000 1.100 38.500 5.500 4.000 7000 420,378, 29.500 20,000,828 5,954;350, sia0no10 2.318.460 ‘19000 42.000 1.100 38.500 54,125, 5.500 41000 4,902,000 113.248 111.030 2778473 143.847‘BUDGET OVERVIEW SUMMARY OF FUNDS AVAILABLE FUND Governmental Fund Types ‘General Fund |Special Revenue Fund Economic Development Fund $ |Community Development s lArport Construction 8 IForteture Fund 8 Histoncal Fund 8 HoteuMotel Tax Fund 8 Pubic Safety Training Fund = § IMayors Committee on People § wth Disability Special Grant Fung s [Special Revenue Fund Total $ Dob Somvice Fund Capital Projects Fund [Total Governmental Fund Types Proprietary Fund Types Enterprise Fund — URity lEnterprise Fund - Sanitation [Enterptiso Fund ~ Airport internal Service Fund lEauipment Replacement [Total Proprietary Funds Fiduciary Fund Types ‘Sunset Trust |erand Totat Loss Transters [Grand Total Laas Translers BEG. EST. BALANCE 7,782,000 62,730 53.200 119.000 73,600 246,000 6,100 7.000 973,630 132.073 8,407,703, 10,171,154 6,008,443 477282 24,654,839) 256,650 33,379,192 33,379,192 —_—r0112007 FY 2007-2008 ‘BUDGETED REVENUES $20,234,400 100,100 419,000 4,100 38,800 628,000 5,500 41050 103,000 2,496,350 4,109,800, 23/840,550 15,715,672 5,540,000 495,530 408.734 22,187,936 16,500 46,014,986 4,746,530, 41,200,456 FY 2007-2008 (OTHER FINANCE SOURCES * 18,497,772 1,109,177 19,686,949 § 19,686,949 19,686,949 TOTAL | AVAILABLE FUNDS. 21,996,400] 162,830] 419,000 3.200] +20:100] 148,200] 874,000 11,600 8,050 41,303,000| 3,060,980) 1,241,873) 32,908,253] 52,384,508| 12,735,620 495,530) 883,976 66,499,724 273,150 98,081, 127| 4,746,530] 94,354,97| includes bond proceeds and contributions from operationsBUDGET OVERVIEW SUMMARY OF FUNDS ALLOCATED [General Fund |Special Revenue Fund [Economic Development Fund |Community Development lAirport Construction [Forfeiture Fund Historical Fund HotelMotel Tax Fund Public Safety Training Fund Mayor's Committee on People jwith Disability [Special Grant Fund Special Revenue Fund Total batt service Fune copia Projects Funs [rtat Governmental Fund Types [Proprietary Fund Emerpnse Fund ~ Unity [Emorpse Fund - Sanitation [Enterprise Fund - Aor Intomal Service Fund = [Equipment Replacement [ota Propriatry Funes |Fiductary Eund Types Sunset Tost lGrand Totat lLess Transfers |crand Total Less Transfers FY 2007-2008 BUDGET 20,234,400 419,000 142,000 4,400 38500 619,125 5,500 4,000 4,903,000, 2,429,225 1,113,248 23,776,873, 18.718672 5,748,051 495,530 "24,500 21,983,753, 6,000 45,766,626 41,020,098 FY 2007-2008 RESERVES EXPENDITURES EXPENDITURES 4,746,530. 2,616,953 2,616,953 18,089,471 1,852,000, 19921471 22,538,424 22,538,424 5730/2008 ENDING. BALANCE 5,145,087 162,890 11,200 119,000 79,700 254,875, 6,100 7.080 41,303,000] 640,755 128,625 5.914427 16,599,455 5,135,568 859.476 24,594,500, 267,150 30,776,077 30,776.07 TOTAL FUNDS ACCOUNTED FOR $ 27,996,400] 162,830] 419,000) '53,200| 120,100) 118,200] 874,000] 11,600 8,050] 3,069,900] 1,241,873] 32,308,253| 52,984,598] 12,735,620] "495,530 983,976 66,499,724) 273,150 99,081,127| 4,748,530) 94,334,597]BUDGET OVERVIEW FUND BALANCE COMPARISON BY YEAR 35: 30: 25: 20: Million Dollars 15; Fiscal Years m@ Actual FY 1999 Actual FY 2000 DActual FY 2001 Actual FY 2002 Actual FY 2003 Actual FY 2004 | Actual FY 2005 @ Actual FY 2006 Est. FY 2007 MBudget FY 2008)