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HomeMy WebLinkAboutColleyville Charter Review Committee-Agenda Packets-1/12/2005 CUy Of Ie l'exa5 PUBLIC NOTICE COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE AGENDA JANUARY 12, 2005 7:00 P.M. CITY HALL 100 MAIN STREET CITY MANAGER'S CONFERENCE ROOM THIRD FLOOR I. Call to Order II. Approval of December 29,2004 Minutes and January 4,2005 Minutes III. Review and discussion of possible modifications of the Colleyville City Charter IV. Discussion of selecting meeting dates V. Discussion of items to be placed on the next agenda VI. Adjournment I certify that this notice was posted on the bulletin boards at City Hall on Friday, January 7,2005, at. .m. o/t~ Cynthia Singleton, TRMC City Secretary 100 MAl N STREET COLLEYVI LLE, TEXAS 76034 (817) 503-1000 Page 1 of 1 William Lindley William Lindley Friday, January 07, 2005 8:19 AM d kend rick@xspediusmail.net 'RoboRealtor@sbcglobal.net'; 'jbmddm1 ps@ont.com'; 'millerlouis@sbcglobal.net'; 'smagee@centexhomes.com'; 'brice@deckerjones. com'; 'michaeltay lor@swbell.net'; 'ebaker@shotcarr.com'; 'newtonrw@verizon.net'; 'FrankB29@SBCGlobal.net'; Cynthia Singleton Subject: City Charter review Importance: High From: Sent: To: Cc: Ross, The City Charter Committee has asked that you review Article XIV, Section 14.05 (Tort Liability) for any appropriate modifications. The Committee has requested you provide any changes for the January 19, 2005 Committee meeting. I look forward to receiving your comments next week for the other items sent to your office week before last. Thanks, Bill 1/7/2005 MEMORANDUM Office of City Manager TO: FROM: SUBJECT: DATE: TAD Attorney and City Delinquent Property Tax Attorney cc: Citizens City Charter Review Committee Bill Lindley Review of City Charter January 7, 2005 The City Council recently appointed a Citizens City Charter Review Committee for recommendations for possible modifications to the Colleyville City Charter. As part of the Committee work, they have requested that you review Article X for any possible modifications the Committee should consider. Particularly the Committee is interested in the review of Section 10.04. It is requested that you provide any written comments by January 17, 2005 to my office. Please feel free to give me a call to further discuss this request. Attachment: . Article X ARTICLE X TAXATION (Amended November 7,1995) Section 10.01 Department of Taxation: At the discretion of the City Council, there shall be established a Department of Taxation to assess and collect taxes, the head of which shall be the City Collector which office shall be filled by appointment by the City Manager with the approval of the City Council, for an indefinite term. The Collector shall give a surety bond for faithful performance of his duties, including compliance with all controlling provisions of the State Law bearing upon the functions of his office, in a sum which shall be fixed by the City Council at not less than ten thousand dollars ($10,000.00 $100,000). (Amended April 4, 1981) Section 10.02 Powerto Tax: The.Q!y Council of the City shall have the power, and is hereby authorized to levy, assess and collect annual taxes not to exceed the maximum limits set by the Constitution and laws of the State of Texas as they now exist or as they may be amended, on each one hundred dollar ($100.00) assessed evaluation of all property having a situs within the corporate limits of the City and not exempt from taxation by the Constitution and State laws of tho State of ~ Section 10.03 Limitation on Tax Rate: The maximum tax rate shall not exceed one dollar and fifty cents ($1.50) on the one hundred dollars ($100.00) valuation of taxable property within the City. Any tax rate set per budget year shall not result in an ad valorem tax revenue increase greater than seven percent (7%) of the total ad valorem tax revenue collected in the preceding budget unless authorized by the voters of the City at a special election. (For the purpose of the preceding limitation, any additional ad valorem tax revenue generated or attributable to construction within a preceding budget year shall not be considered in determining whether the tax revenue increase is more than seven percent (7%) of the preceding budget year). (Amended April 7, 1984) ~'.A__ I Every person, partnership, association or corporation holding, owning or controlling property within the limits of the City shall between January 1 st and April 30th of each year, file with the Tax Assessor-Collector a full and complete sworn inventory rendition of such property held, owned or controlled within the said City limits on January 1 st of each year. The Council may prescribe by ordinance the mode and manner of making such inventories and penalty for failing or refusing to submit the same. The Tax Assessor shall review all renditions made to him and determine the value of the property rendered and fix the value thereof for tax purposes. If the Assessor fixes a value higher than that shown on the owner's last tax statement, he shall give written notice thereof to such owner at his last known address by depositing the same, postage paid, in the U.S. Mail, notifying him of such change and advising him that he may appear before the Board of Equalization to protest such change. The Assessor-Collector of Taxes shall assess all property which for any cause has not been rendered, placing such valuation thereon as he may deem just. If the owners of such property are unknown, such assessments may be made in the name "unknown". (Amended April 4, 1981) Section 10.05 Taxes - When Due and Pavable: All taxes due the City of Colleyville shall be payable at the office of the City Tax Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 1st. Taxes shall be paid on or before January 31 st, and all such taxes not paid on or prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as the Council may provide by ordinance. The Council may provide further by ordinance that all taxes either current or delinquent, due the City of Colleyville may be paid by installments. Failure to levy and assess taxes through omission in preparation of the approved tax roll shall not relieve the person, firm or corporation so omitted from obligation to pay such current or past due taxes as shown to be payable by recheck of the rolls and receipt for the years in question. The Council shall be prohibited from waiving penalties and interest, allowing discounts, and extending time for payment of taxes. (Amended April 4, 1984) Section 10.06 Tax Liens: The tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon the property as of January 1st of each year, upon which the tax is due, which lien, charge or encumbrance the City is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge or encumbrance on the property is such as to give the State Courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this State or person whose residence is unknown, but as against non-residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, and such lien may be foreclosed in any court having jurisdiction. Such lien shall be, prior to all other claims, and no gift, sale, assignment or transfer of any kind, or judicial writ of any kind, can ever defeat such lien. In addition to the lien herein provided, on the first day of January of any year the owner of real and personal property subject to taxation by the City shall be personally liable for the taxes due thereon for such year. The City shall have the power to sue for and recover personal judgment for taxes without foreclosure, or to foreclose its lien or liens, or to recover both personal judgment and foreclosure. In any such suit where it appears that the description of any property in the City Assessment Rolls is insufficient to identify such property, the City shall have the right to plead a good description of the property intended to be assessed, to prove the same, and to have its judgment foreclosing the tax lien and/or personal judgment against the owner for such taxes. MEMORANDUM Office of City Manager TO: Clarence West, Franchise Attorney cc: Citizens City Charter Review Committee Bill Lindley Review of City Charter January 7, 2005 FROM: SUBJECT: DATE: The City Council recently appointed a Citizens City Charter Review Committee for recommendations for possible modifications to the Colleyville City Charter. As part of the Committee work, they have requested that you review Article XII for any possible modifications the Committee should consider. It is requested that you provide any written comments by January 17, 2005 to my office. Please feel free to give me a call to further discuss this request. Attachment: . Article XII ARTICLE XH FRANCHISES AND PUBLIC UTILITIES Section 12.01 Powers of the City: In addition to the City's power to buy, construct, lease, maintain, operate, and regulate public utilities within or without the City Limits, and to manufacture, distribute and sell the commodities or products of such utility operations required and used by the public, the City shall have such further powers as may now or hereafter be granted under the Constitution and State law L:JWS of the State of Texas. Section 12.02 Power to Grant Franchise: The City Council shall have the power by ordinance to grant, renew, and extend all franchises for all public utilities of every character operating within the City and, with consent of the franchise holder, to amend the same, provided, however, that no franchise shall be granted for an indeterminate term, and that no franchise shall be granted for a term of more than twenty (20) years from the date of the grant, renewal or extension. City Council action on all ordinances granting, renewing, extending or amending a public utility franchise shall comply with the applicable provisions set forth in Section 3.11 of this Charter. Section 12.03 Grant Not to be Exclusive: No grant or franchise to construct, maintain or operate a public utility and no renewal or extension of such grant or franchise shall be exclusive. Comment: Franchise Attorney review for modifications. Provide requirement for Utilities responsibility for new ROW/easement acquisition. Section 12.04 Transfer of Franchise: No public utility franchise shall be transferable except with the approval of the Q!y Council as expressed by ordinance. The term "transferable", as used herein, shall not be construed in such a manner as to prevent the franchise holder from pledging said franchise as security for a valid debt or mortgage. Section 12.05 Riqht of Requlation: All grants, renewals, extensions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the City: (a) To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. (b) To require an adequate extension of plant and service as is necessary to provide adequate service to the public, and maintenance of the plant and fixtures at the highest reasonable standard of efficiency. (c) To impose regulations to insure safe, efficient and continuous service to the public. (d) To require at any time such compensation and rental as may be permitted by State law the laws of tho St:::lte of Tox:::ls. (e) To require the franchisee to restore at the franchisee's expense, all public or private property to a condition equally as good as or better than before disturbed by construction, repair or removal. The franchise holder in opening and refilling of all earth openings shall re-Iay the pavement and do all other work necessary to complete restoration of streets, sidewalks or grounds to a condition equally as good or better as when disturbed. (f) To require every franchisee to furnish within a reasonable time to the City, without cost to the City, a general map, with updates outlining the location, character, size, length, and terminals of all facilities of such franchisee in, over, and under ground of property in the City and to provide detailed information on request. Section 12.06 Extensions: All extensions of service of public utilities within the City limits shall become a part of the aggregate property of the public utility, shall operate as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in Section 12.05. In case of an extension of a public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Section 12.07 Requlation of Rates: The City Council shall have full power after due notice and hearing to regulate by ordinance the rates, charges and fares of all public utility franchise holders providing gas, electric, water and sewer utility service within the City provided that no such ordinance shall be passed as an emergency measure. All such franchise holders who shall request an increase in rates, charges, or fares shall have, at the hearing of the .Q!y Council called to consider such request, the burden of establishing by clear, competent, and convincing evidence the value of its investment properly allowable to service in the City, and the amount and character of its expenses and revenues connected with the rendering of such service. If, upon such hearing, the City Council is not satisfied with the sufficiency of the evidence so furnished, it shall be entitled to call upon such public utility for the furnishing of additional evidence at a subsequent date to which said hearing may be adjourned. No public utility franchise holder shall institute any legal action to contest any rate, charge, or fare fixed by the City Council until such franchise holder has filed a motion for rehearing with the .Q!y Council for a specific date setting out each ground of its complaint against the rate, charge, or fare fixed by the City Council, and until the .Q!y Council shall have acted upon such motion. Such motion shall be deemed overruled unless acted upon by the Council within a reasonable time, not to exceed sixty (60) days from the filing of such motion for rehearing; provided, that the .Q!y Council may by resolution extend such time for acting on said motion for rehearing from sixty (60) days to ninety (90) days. The City shall have the power to employ at the expense of the franchise holder, expert assistance and advise in determining a reasonable rate and equitable profit to the franchise holder. Section 12.08 Public Service Corporations to File Annual Reports: A. The City Council shall require all public service Corporations operating within the corporate limits of the City to file a sworn annual report of the receipts from the operation of the said business for the current year, how expended, how much thereof for betterments or improvements, the rate of tolls or charges for services rendered to the public, and any other facts or information that the City Council may deem pertinent for its use including reports on operations within the City in intelligently passing upon any questions that may arise between the City and said public service corporations; said reports to be filed with the City Secretary, and preserved for the use of the City Council. Such reports shall be reviewed annually by the Council to determine the propriety of the rates being charged. B. Any public service corporation, partnership, or proprietorship who shall for a thirty (30) day period willfully refuse or fail to report in the manner provided by this Charter shall forfeit and pay to the City the sum of one hundred dollars ($100.00), per day for each and every day during which it shall continue in default; or, if any such enterprise shall file any report, knowing that the same does not truly report the facts about the matters mentioned therein, it shall forfeit and pay to the City the sum of one thousand dollars ($1,000.00) for each such willfully false report and shall be liable for submittal of a corrected report within two (2) weeks from notification by the City of any errors under the same penalty provisions as the original report. Section 12.09 Accounts of Municipally Owned Utilities: Accounts shall be kept for each public utility owned or operated by the City, in such manner as to show the true and complete financial results of such City ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation reserve, and surplus; also revenues, operating expenses including depreciation, interest payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the City of each public utility owned, also the cost of all extensions, additions and improvements and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The Q!!y Council shall annually cause to be made by a certified public accountant and shall publish a report showing the financial results of such City ownership and operation, giving the information specified in this Section and such other data as the Q!!y Council shall deem expedient. Section 12.10 Sales of Municipal Services: The City Council shall have the power and authority by ordinance: (a) In or outside the limits of the City, to sell and distribute water; sell and provide sewer service; sell and provide garbage and trash collection disposition; and to sell and provide other municipal services. (b) To establish specifications for materials and construction used within or beyond the limits of the City for such municipal services; inspect same and require such materials to be kept in good order and condition at all times; make such rules and regulations as shall be necessary and proper; and prescribe penalties for noncompliance with same. Section 12.11 Franchise Records: The City shall compile and maintain a public record of public utility franchises. MINUTES OF THE COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE DECEMBER 29,2004 I. Call to Order Chair Jim Moore called the meeting to order on December 29, 2004 at 7:00 p.m. ROLL CALL: Chairman Jim Moore, Ed Baker, Linda Bond, Steve Magee, Louis Miller, Brad Rice, Mike Taylor, Frank Whitmire, City Manager Bill Lindley, Financial Analyst Kacey Bess Richard Newton was absent. II. Approval of December 15, 2004 Minutes Mike Taylor indicated that page two of the Minutes should read "Mike Taylor suggested a list of definitions be included in the charter to clarify terms that may not be clear to laymen." Minutes approved with change. III. Review and discussion of possible modifications of the Colleyville City Charter Committee reviewed previous changes to Articles IV and V. City Manager Bill Lindley requested confirmation that previously discussed changes to Articles I and II were correct. Committee confirmed. Mike Taylor suggested that members go back and reread changes so as not to overlook anything. Brad Rice indicated the change to Section 4.07(a) should read "The location, size and current use of all property owned within the City or within any contiguous city, or held in trust by the candidate, their spouse, any dependent minor children, or any business entity in which the candidate has financial interest." Approved unanimously. Committee reviewed and discussed possible modifications for Articles VI through VIII. In regards to Section 6.02, Brad Rice asked if the references to other section numbers have been verified. City Manager Lindley indicated they would be cross-referenced at the end of the Charter review. Regarding Section 6.07, per Chairman Moore's suggestion, Brad Rice proposed adding a sentence at the end of the paragraph stating that "No signature of the Mayor shall be required." Brad Rice suggested adding "by Initiative or Referendum" to the end of the title for Section 6.07. 1 Regarding Section 6.03, Steve Magee indicated the typo on the second line of the paragraph should be corrected to read "tax bonds or revenue bonds." Committee continued discussion regarding changing the title of Section 6.07. General discussion regarding the required ballot structure for charter changes. Mike Taylor requested the laws and requirements related to the ballot structure. The Committee requested from the City Attorney direction as to the type of charter changes that would create separate ballot questions. Brad Rice indicated the Charter references Chapter 13 of Title 28 of the Revised Civil Statues of Texas, in regards to amending the charter. Regarding Article VI, Ed Baker requested clarification on "substantial question of validity" as referred to in the City Attorney's memo. City Manager Lindley discussed limitations on referendum regarding zoning changes and suggested the City Attorney talk with Pete Smith regarding the City of Ducanville's experience with referendum issues. Steve Magee would like the City Attorney to indicate if the Committee needs to add specific limitations to Section 6.01 and if there are any limitations already provided by State law. Brad Rice gave Section 7.30 of the City of South lake's Charter as a reference. General discussion on the reference in Section 6.07 to "mandatory order to the Council." Brad Rice moved to leave this reference as is. Approved unanimously. Regarding Section 6.11, Brad Rice suggested deleting "when valuable rights have accrued thereunder." Steve Magee stated the intent is for Article XII to stand alone if it conflicts with any other sections. Discussion as to definition of "valuable rights." Frank Whitmire moved to approve the change and seconded by Brad Rice. Approved unanimously. In regards to Section 6.05, general discussion on whether the Committee needs to specify what needs to be included on the ballots. Mike Taylor requested direction from the City Attorney as to what should go on the ballot and any applicable laws. Louis Miller suggested adding language indicating that at minimum the preamble should be listed. In regards to Article VII, Chairman Moore suggested allowing the City Manager to hire and remove the referenced positions without City Council approval. Steve Magee recommended that when the Committee reviews Article III, it should look at changing Section 3.08(c) regarding the City Council's ability to fire the City Manager's employees. In regards to Section 7.01(b), the Committee discussed changing the section so that it reflects the voting requirements in Section 7.01 (a) for hiring the City Manager. Steve Magee moved to delete "including the Mayor" from Section 7.01(b) and seconded by Frank Whitmire. Approved unanimously. 2 City Manager Lindley discussed his job duties and obligations as requested by Brad Rice. Linda Bond moved to approve Chairman Moore's recommended changes to Sections 7.02, 7.03, 7.04, 7.05 and 7.06 regarding removal of Council approval on hiring and firing and seconded by Ed Baker. Committee continued general discussion regarding the proposed changes. Ayes: Baker, Bond, Miller, Moore and Whitmire. Nays: Magee, Rice and Taylor. Motion passed. Discussion regarding Section 7.04 on the Volunteer Fire Department. In regards to Section 8.03, Chairman Moore proposed removing "with the concurrence of the City Council." Change approved. Frank Whitmire proposed deleting the second sentence of Section 8.03 regarding secondary employment. Brad Rice suggested combining the remaining sentence with the second paragraph. Changes approved unanimously. General discussion regarding Section 8.04 on the City Attorney. Steve Magee proposed adding a paragraph at the end of the section with the following language from the City of South lake's Charter: "The Council may contract with an attorney or with a firm of attorneys who may designate one (1) member of said firm, with Council approval, to serve as City Attorney." IV. Discussion of items to be placed on the next agenda For next Charter Review Committee meeting, the Committee will begin with a review of Article IX. For Section 9.02(a), Chairman Moore suggested adding language in the sentence regarding proposed budgeted expenditures to read "not to exceed the total of estimated income and unappropriated General Fund revenues." Mike Taylor requested from the City Attorney references in the State Constitution that empower a City to provide or not provide veto power to the Mayor over the will of the Council. Chairman Moore suggested changing Section 9.02(c) from three (3) to two (2) consecutive regular Council meetings. In reference to Section 9.02(f) Chairman Moore proposed changing September 15th in the last sentence of the paragraph to either September 21 st or 30th to allow time to approve the budget at the second Council meeting in September, if needed. City Manager Lindley stated the budget would need to be adopted by September 30th for tax billing purposes. If the budget is not approved at that time, the Appraisal District would probably send out separate tax bills for the school districts and the City, at a cost to the City. City Manager Lindley stated he would have Finance Director Terry Leake do the calendaring for the budget approval process. 3 Chairman Moore stated he would talk to the City Council regarding adding time for two additional Charter review meetings on January 19th and 26th. Brad Rice indicated he would be absent on January 12th. Steve Magee indicated he would absent on January 19th. Brad Rice suggested that everyone bring their schedules to the next meeting so that discussion and review of Article III could be planned for a time when everyone is available. V, Adjournment Chairman Moore adjourned the meeting at 8:58 p.m. 4 MINUTES OF THE COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE January 5, 2005 I. Call to Order Chairman Jim Moore called the meeting to order on January 5, 2005 at 7:00 p.m. ROLL CALL: Chairman Jim Moore, Ed Baker, Linda Bond, Steve Magee, Richard Newton, Mike Taylor, Frank Whitmire, City Manager Bill Lindley, Financial Analyst Kacey Bess Louis Miller arrived at 7: 1 0 p.m. Brad Rice was absent. II. Approval of December 15, 2004 Minutes Committee did not have any changes to the December 15, 2005 minutes. III. Review and discussion of possible modifications of the Colleyville City Charter Frank Whitmire indicated there was a typo in Section 7.01 (D)(5). City Manager Lindley indicated he would change the language to read "and acts of the City Council." Discussion regarding previous changes to Sections 8.03 and 7.01. Committee noted that Section 7.01 (B) should be reviewed again after the review of Article III. Committee reviewed and discussed possible modifications for Articles IX through XIV. Discussion regarding Chairman Moore's recommendation to add language in Section 9.02(A) to indicate that proposed budgeted expenditures shall "not exceed the total of estimated income and unappropriated General Fund revenues." General discussion regarding the proposed change. Chairman Moore withdrew the recommendation. Approved by the Committee. In Section 9.02(C), Mike Taylor recommended changing language in the last sentence to read "regular meetings" instead of "special meetings" since ordinance actions have to be conducted at regular meetings. Mike Taylor moved to approve the change, along with changing "three (3) consecutive regular Council meetings" to "two (2) consecutive regular Council meetings." Steve Magee seconded the motion. Approved unanimously. Regarding Section 9.02~E), Mike Taylor recommended changing the budget adoption deadline from the "30t day of September" to the "second regular meeting of September" to make consistent with proposed change to 9.02(F). Mike Taylor moved to apply this recommendation to all such references. Approved unanimously. 1 MINUTES OF THE COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE January 5, 2005 I. Call to Order Chairman Jim Moore called the meeting to order on January 5, 2005 at 7:00 p.m. ROLL CALL: Chairman Jim Moore, Ed Baker, Linda Bond, Steve Magee, Richard Newton, Mike Taylor, Frank Whitmire, City Manager Bill Lindley, Financial Analyst Kacey Bess Louis Miller arrived at 7: 1 0 p.m. Brad Rice was absent. II. Approval of December 15, 2004 Minutes Committee did not have any changes to the December 15, 2005 minutes. III. Review and discussion of possible modifications of the Colleyville City Charter Frank Whitmire indicated there was a typo in Section 7.01 (D)(5). City Manager Lindley indicated he would change the language to read "and acts of the City Council." Discussion regarding previous changes to Sections 8.03 and 7.01. Committee noted that Section 7.01 (B) should be reviewed again after the review of Article III. Committee reviewed and discussed possible modifications for Articles IX through XIV. Discussion regarding Chairman Moore's recommendation to add language in Section 9.02(A) indicating that proposed budgeted expenditures shall "not exceed the total of estimated income and unappropriated General Fund revenues." Chairman Moore withdrew the recommendation. Approved unanimously. In Section 9.02(C), Mike Taylor recommended changing language in the last sentence to read "regular meetings" instead of "special meetings" since ordinance actions have to be conducted at regular meetings. Mike Taylor moved to approve the change, along with changing "three (3) consecutive regular Council meetings" to "two (2) consecutive regular Council meetings." Steve Magee seconded the motion. Approved unanimously. Regarding Section 9.02~E), Mike Taylor recommended changing the budget adoption deadline from the "30t day of September" to the "second regular meeting of September" to make consistent with proposed change to 9.02(F). Mike Taylor moved to apply this recommendation to all such references. Approved unanimously. 1 For Section 9.04(A), Mike Taylor indicated the sentence should say "supplemental" and not "supplements" and "ordinance" instead of "resolution." Approved unanimously. General discussion regarding unappropriated surplus and the purposes for which it can be used. Regarding Section 9.04(A), Louis Miller suggested changing language in the sentence to read"... the Council may by ordinance make supplemental..." Committee approved the change. Discussion regarding the execution of contracts by the Mayor. Mike Taylor suggested leaving Section 9.08 as is and reviewing Section 3.06 for possible changes. For Section 1 0.01, Mike Taylor questioned whether the bond requirement should be updated to reflect current standards. Steve Magee recommended changing the bond requirement from "ten thousand dollars ($10,000)" to "one hundred thousand dollars ($100,000)". Committee approved the change. City Manager Lindley indicated he would apply this change to any other such bond requirement references in the Charter. Regarding Section 10.02, Mike Taylor indicated the sentence should say "assessed valuation" not "assessed evaluation." Mike Taylor requested Article X be reviewed to make sure it is compliant with law. City Manager Lindley indicated he would get comments from either the City's delinquent tax attorney or the Appraisal District's attorney regarding Section 10.04 through Section 10.06. Steve Magee gave Section 8.02 of the City of Southlake's Charter as a reference. General discussion regarding limitation on tax rate. For Section 11.01, Louis Miller recommended adding the following language at the end of the first sentence"... and will serve at the pleasure of the City Council." Steve Magee indicated the title of Article XI should be "Adjustment" and not "Adjustments. " Chairman Moore suggested changing the sixth sentence of Section 11.01 to say "Vacancies which are created by resignation, removal by a majority vote of the City Councilor by any other reason shall be filled by the City Council for the remainder of the term." Louis Miller suggested adding language at the end of the second sentence to say "... and will serve at the pleasure of the Council." Change approved. Steve Magee moved to approve Chairman Moore's recommended language regarding vacancies, with the deletion of "which are." Approved unanimously. 2 For Section 11.02(C), Steve Magee recommended changing the Vernon's reference to "...as provided by State law." General discussion regarding Sections 11.03 and 11.04 on the Master Plan. The Committee agreed to review Section 11.04 at a later meeting and Steve Magee will review the Section for possible recommendations. For Section 11.05, Chairman Moore recommended changing the Civil Statutes reference to "... as specified by State law." The Committee agreed to come back to Section 11.06 and review adding language to say the Commissions serve at the will of the City Council. Regarding Article XII, City Manager Lindley will have the City's Franchise Attorney Clarence West review the section. City Manager Lindley suggested having the Attorney add language requiring utility companies to pay the costs for relocating utility lines. Mike Taylor also recommended adding language to address future technology issues. General discussion regarding open records. For Section 14.01, Steve Magee suggested changing the section to read "All record and accounts of every office, department, or agency of the City shall be open to inspection by any citizen subject to public inspection as provided by State law." City Manager Lindley suggested changing "citizen" to "individual." For Section 14.02(C), Frank Whitmire indicated the sentence should read "this section" and not "the section." The Committee agreed to revisit Section 14.02 during the review of Article III. Mike Taylor moved to shift Sections 14.02 and 14.03 to Article III, where appropriate. Approved unanimously. Linda Bond asked for clarification regarding Section 14.02(8). Louis Miller suggested the Committee revisit the section during the review of Article III. Steve Magee requested that City Attorney Ross Foster review Section 14.05 for needed updates. General discussion regarding appeals process as set forth in Section 14.13. Mike Taylor recommended deleting the contents of Section 14.13 and saving the section for future use. Frank Whitmire made a motion to do so and seconded by Mike Taylor. Approved unanimously. IV. Discussion of items to be placed on the next agenda For next Charter Review Committee meeting, the Committee will begin with a review of Article III. 3 General discussion regarding submittal of recommended changes to Article III. v. Adjournment Chairman Moore adjourned the meeting at 8:50 p.m. 4 ARTICLE IX MUNICIPAL FINANCE Section 9.01 Fiscal Year: The fiscal year of the City shall begin on the first day of October and end the last day of September of each calendar year. Such fiscal year shall also constitute the Budget and Accounting Year. Section 9.02 Annual Budqet: A. Content: The budget shall provide a complete financial plan of all City funds and activities and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Qllii Council may require. A budget message explaining the budget both in fiscal terms and in terms of the work programs shall be submitted with the budget. It shall outline the proposed financial policies of the City for the ensuing fiscal year, describe the important features of the budget, indicate any major changes from the current year in financial policies, expenditures, and revenues, with reason for such changes. It shall also summarize the City's debt position and include such other material as the City Manager deems advisable. The budget shall begin with a clear, general summary of its contents, shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year. The proposed budget expenditures shall not exceed the total of estimated income. The budget shall be so arranged as to show comparative figures for actual and estimated income and expenditures of the preceding fiscal year, compared to the estimate for the budgeted year. It shall include in separate sections: (1) An itemized estimate of the expense of conducting each department, division and office. (2) Reasons for proposed increases or decreases of such items of expenditure compared with the current fiscal year. (3) A separate schedule for each department, indicating tasks to be accomplished by the department during the year, and additional desirable tasks to be accomplished if possible. (4) A statement of the total probable income of the City from taxes for the period covered by the estimate. (5) Tax levies, rates, and collections for the preceding five (5) years. (6) An itemization of all anticipated revenue from sources other than the tax levy. (7) The amount required for interest on the City's debts, for sinking fund and for maturing serial bonds. (8) The total amount of outstanding City debt, with a schedule of maturities on bond issues. (9) Such other information as may be required by the Qi!Y Council. (10) Anticipated net surplus or deficit for the ensuing fiscal year of each utility 2 owned or operated by the City and the proposed method of its disposition; subsidiary budgets for each utility giving detailed income and expenditure information shall be attached as appendices to the budget. (11) A Capital Program, which may be revised and extended each year to indicate capital improvements pending or in process of construction or acquisition, and shall include the following items: a. A summary of proposed programs; b. A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; c. Cost estimates, method of financing and recommended time schedules for each such improvement; and d. The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. e. A statement indicating the relationship to, and whether each such improvement is considered with the Master Plan. (Amended November 7, 1995) B. Submission: The City Manager shall submit to the Council a proposed budget and accompanying 3 message. The Q1Y Council shall review the proposed budget and revise as deemed appropriate prior to general circulation for public hearings. (Amended April 7, 1979) C. Public Notice and Hearinq: The Q1Y Council shall post in the City Hall and publish in the official newspaper not more than fourteen (14) days prior to each public hearing on the budget a notice stating the time and place where copies of the message and budget are available for inspection by the public, and the time and place of each public hearing on the budget. The Council may consider, hold public hearings and adopt the budget at special meetings called by the Council for that purpose, notwithstanding the provisions of Section 3.111 of this Charter requiring .ac;tion atthree(3} consecutive regular Council meetings. (Amended April 7, 1979) D. Amendment before Adoption: After the public hearings, the Q1Y Council may adopt the budget with or without amendment. In amending the budget, it may add or increase programs or amounts and may delete or decrease any programs or amounts, except expenditures required by law or for debt service or for estimated cash deficit, provided that no amendment to the budget shall increase the authorized expenditures to an amount greater that the total of estimated income plus funds available from prior years. E. Adoption: The Q1Y Council shall adopt the budget by ordinance not later than the 30th day of September. Adoption of the budget will require an affirmative vote of at least a majority of all of the members of the Q1Y Council. Adoption of the budget shall constitute appropriations of the amount 4 r-~------ ,....-.-----------,- L~~omment: Verify reference .-.. ...........) specified therein as expenditures from the fund indicated, and shall constitute a levy of the property tax therein proposed. (Amended April 7, 1979) F. Failure: If the Council fails to adopt the budget by the 15th day of September second City Council meetinq in September of the current fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis with all items in it pro-rated accordingly until such time as the Q!y Council adopts a budget for the ensuing fiscal year. The levy of property tax normally approved as a part of the budget adoption will be set to equal the total current fiscal year receipts, unless the ensuing fiscal year budget is approved by Septombor 15th the current fiscal year. Section 9.03 Public Records: Copies of the approved budget, capital improvement program, and supporting papers shall be filed with the City Secretary and shall be public records available to the public upon request. Section 9.04 Amendments after Adoption: A. Supplemental Appropriations: If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the Council may, bY Ordinance. make supplemental appropriations to retire indebtedness or to fund emergency appropriations as described in Section 5 9.04B. B. Emerqency Appropriations: To meet a public emergency created by a natural disaster or man-made calamity affecting life, health, property, or the public peace, the ~ Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of this Charter. To the extent that there are no available unappropriated revenues to meet such appropriations, the ~ Council may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time. C. Reduction of Appropriations: If at any time during the fiscal year it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial actions taken by him and his recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one (1) or more appropriations. D. Transfer of Appropriations: At any time during the fiscal year the City Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, division, or office and, upon written request by the City Manager, the Council may by ordinance transfer part or all of any unencumbered appropriation balance from one (1) department, office or agency to another. 6 E. Limitations: No appropriation for debt service may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. F. Effective Date: The supplemental and emergency appropriations and reduction or transfer or appropriations authorized by this section may be made effective immediately upon adoption of the ordinance. Section 9.05 Lapse of Appropriations: Every appropriation, (except an appropriation for a capital expenditure), shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure shall continue in force until the purpose for which it was made has been accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation. Section 9.06 Administration of Budqet: A. Payments and Obliqations Prohibited: No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the City Manager or his designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriations and that sufficient funds therefrom are or will be available to cover the claim or meet 7 the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal. Such action shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligations, and he shall also be liable to the City for any amount so paid. However, this prohibition shall not be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds, time warrants, certificates of indebtedness, or certificates of obligation, or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, provided that such action is made or approved by ordinance. B. Financial Reports: The City Manager shall submit to the Council at its second formal meeting each month the financial condition of the City by budget items, budget estimates versus accruals for the preceding month and for the fiscal year to date. Such records are to be made public by the Council during open meeting. The financial records of the City will be maintained in accordance with accepted principles recommended by the American Institute of Certified Public Accountants and by the National Committee on Governmental Accounting. (Amended April 7, 1979) C. Independent Audit: At the close of each fiscal year, and at such times as it may be deemed necessary, the Council shall cause an independent audit to be made of all accounts of the City by a certified public accountant. Upon completion of the audit, the results thereof in a summary form shall be placed on file in the City Secretary's office as a public record. Section 9.07 Borrowinq: 8 The Council shall have the power, except as prohibited by law, to borrow money by whatever method it may deem to be in the public interest. A. General Obliqation Bonds: The City shall have the power to borrow money on the credit of the City and to issue general obligation bonds for permanent public improvements or for any other public purpose not prohibited by the Constitution and the laws of the State of Texas, and to issue refunding bonds to refund outstanding bonds of the City previously issued. All such bonds shall be issued in conformity with the laws of the State of Texas. B. Revenue Bonds: The City shall have the power to borrow money for the purpose of constructing, purchasing, improving, extending or repairing of public utilities, recreational facilities or any other self-liquidating municipal function not prohibited by the Constitution and laws of the State of Texas, and to issue revenue bonds to evidence the obligation created thereby. Such bonds shall be a charge upon and payable from properties, or interest therein pledged, or the income therefrom, or both. The holders of the revenue bonds shall never have the right to demand payment thereof out of monies raised or to be raised by taxation. All such bonds shall be issued in conformity with the laws of the State of Texas. C. Bonds Incontestable: All bonds of the City having been issued and sold and having been delivered to the purchaser thereof, shall thereafter be incontestable and all bonds issued to refund in exchange for 9 outstanding bonds previously issued shall and after said exchange, be incontestable. D. Borrowinq in Anticipation of Property Tax: In any Budget year, the Council may, by resolution, authorize the borrowing of money in anticipation of the collection of the property tax for the same year whether levied or to be levied. Notes may be issued for periods not exceeding one (1) year and must be retired by the end of the budget year in which issued. E. Use of Bond Funds: Any and all bond funds approved by a vote of the citizens of Colleyville will be expended only for the purposes stated in the bond issue. F. Certificates of Obliqation: All certificates of obligation issued by the City shall be approved by ordinance and issued in accordance with the laws of the State of Texas. Section 9.08 Purchasinq: The QJ1y Council may confer upon the City Manager general authority to contract for expenditures without further approval of the QJ1y Council for all budgeted items not exceeding limits set by the City Councilor State law. Section 9.09 Specified Reserve Fund: Specified reserve funds may be created for specific purposes, and may be used only for such 10 purposes. ARTICLE X TAXATION (Amended November 7, 1995) Section 10.01 Department of Taxation: At the discretion of the City Council, there shall be established a Department of Taxation to assess and collect taxes, the head of which shall be the City Collector which office shall be filled by appointment by the City Manager with the approval of the City Council, for an indefinite term. The Collector shall give a surety bond for faithful performance of his duties, including compliance with all controlling provisions of the State Law bearing upon the functions of his office, in a sum which shall be fixed by the City Council at not less than ten thousand dollars ($10,000;00 $100;000). (Amended April 4, 1981) Section 10.02 Power to Tax: The Council of the City shall have the power, and is hereby authorized to levy, assess and collect annual taxes not to exceed the maximum limits set by the Constitution and laws of the State of Texas as they now exist or as they may be amended, on each one hundred dollar ($100.00) assessed evaluation of all property having a situs within the corporate limits of the City and not exempt from taxation by the Constitution and State laws of the St::lto of T ex~~; Section 10.03 Limitation on Tax Rate: 11 The maximum tax rate shall not exceed one dollar and fifty cents ($1.50) on the one hundred dollars ($100.00) valuation of taxable property within the City. Any tax rate set per budget year shall not result in an ad valorem tax revenue increase greater than seven percent (7%) of the total ad valorem tax revenue collected in the preceding budget unless authorized by the voters of the City at a special election. (For the purpose of the preceding limitation, any additional ad valorem tax revenue generated or attributable to construction within a preceding budget year shall not be considered in determining whether the tax revenue increase is more than seven percent (7%) of the preceding budget year). (Amended April 7, 1984) Section 10.04 Property Subiect to Tax. Method Assessment: Every person, partnership, association or corporation holding, owning or controlling property within the limits of the City shall between January 1st and April 30th of each year, file with the Tax Assessor-Collector a full and complete sworn inventory rendition of such property held, owned or controlled within the said City limits on January 1 st of each year. The Council may prescribe by ordinance the mode and manner of making such inventories and penalty for failing or refusing to submit the same. The Tax Assessor shall review all renditions made to him and determine the value of the property rendered and fix the value thereof for tax purposes. If the Assessor fixes a value higher than that shown on the owner's last tax statement, he shall give written notice thereof to such owner at his last known address by depositing the same, postage paid, in the U.S. Mail, notifying him of such change and advising him that he may appear before the Board of Equalization to protest such change. The Assessor-Collector of Taxes shall assess all property which for any cause has not been rendered, placing such valuation thereon as he may deem just. If the owners of such property are unknown, such assessments may be made in the name "unknown". (Amended April 4, 1981) Section 10.05 Taxes - When Due and Pavable: 12 " ~---------~~_._~_..~---------" : Comment: TAD and Delinquent Tax l Attorneys review for modifications, All taxes due the City of Colleyville shall be payable at the office of the City Tax Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 1st. Taxes shall be paid on or before January 31st, and all such taxes not paid on or prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as the Council may provide by ordinance. The Council may provide further by ordinance that all taxes either current or delinquent, due the City of Colleyville may be paid by installments. Failure to levy and assess taxes through omission in preparation of the approved tax roll shall not relieve the person, firm or corporation so omitted from obligation to pay such current or past due taxes as shown to be payable by recheck of the rolls and receipt for the years in question. The Council shall be prohibited from waiving penalties and interest, allowing discounts, and extending time for payment of taxes. (Amended April 4, 1984) Section 10.06 Tax Liens: The tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon the property as of January 1 st of each year, upon which the tax is due, which lien, charge or encumbrance the City is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge or encumbrance on the property is such as to give the State Courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this State or person whose residence is unknown, but as against non- residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, and such lien may be foreclosed in any court having jurisdiction. Such lien shall be, prior to all other claims, and no gift, sale, assignment or transfer of any kind, or judicial writ of any kind, can ever defeat such lien. In addition to the lien herein provided, on the first day of January of any year the owner of real and personal property subject to taxation by the City shall be personally liable for the taxes due thereon 13 for such year. The City shall have the power to sue for and recover personal judgment for taxes without foreclosure, or to foreclose its lien or liens, or to recover both personal judgment and foreclosure. In any such suit where it appears that the description of any property in the City Assessment Rolls is insufficient to identify such property, the City shall have the right to plead a good description of the property intended to be assessed, to prove the same, and to have its judgment foreclosing the tax lien and/or personal judgment against the owner for such taxes. ARTICLE XI PLANNING AND ZONING, BOARD OF ADJUSTMENTS Section 11.01 The Planninq and Zoninq Commission: There shall be established a Planning and Zoning Commission, which shall consist of seven (7) citizens of the City of Colleyville. Members of said Commission shall be appointed by the Council for a term of two (2) years Whosl'liilllserveattne;WllIiilnd oleasureoftne <4ifv Coubc:iI. Three (3) members of the Planning and Zoning Commission shall be appointed each odd numbered year and four (4) members shall be appointed each even numbered year. The Commission shall elect a chairman from its membership and shall meet in the City Hall not less than once each month. The chairman of the Commission shall be a voting member. Vacancies shall be filled by the Council for the remainder of the term. A majority of the members shall constitute a quorum; however, no action shall be approved with less than four (4) affirmative votes. Attendance requirements for members shall be the same as for members of the QID( Council. The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation. ofthe...CitV'iCouncil.... or.fOr..anv..other..reasOi:isl1allbe.fiIled.. bytneCllvCbUhcilfortl1e ..remainder .of theterl'h. (Amended April 7, 1984) 14 Section 11.02 Powers and Duties: The Planning and Zoning Commission shall: (a) Recommend a City Plan for the physical development of the City. (b) Recommend to the the Zoning Plan. Council, approval or disapproval of proposed changes in (c) Exercise control over the platting or subdividing of land within the corporate limits of the City and outside same corporate limits to the extent authorized by law; provided, however, this grant of authority shall not limit the City Council's right to provide that the ~ Council shall have final approval of plats, as provided by State law inVornen's Apnot;)tod Tox;)s. StatutOs, /\rtic;lo 971;); (Amended April 4, 1981) The Commission shall be responsible to and act as an advisory body to the ~ Council, and shall have and perform such additional duties as may be prescribed by ordinance. Section 11.03 The Master Plan: The Master Plan for the physical development of the City of Colleyville shall contain the Commission's recommendations for growth, development and beautification of the City. A copy of the Master Plan, or any part thereof, shall be forwarded to the Council, which may adopt this plan in whole or in parts, and may adopt any amendment thereto after at least one (1) public hearing on the proposed action. The Commission shall act on such plan, or part thereof, and again forward it to the ~ Council for consideration. 15 All amendments to the Master Plan recommended by the Commission shall be submitted in the same manner as outlined above to the Council for approval, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from Planning and Zoning Commission. Section 11.04 Leqal Effect of the Master Plan: Upon adoption of the Master Plan by the Qj!y Council, no subdivision, street, park, or any public way, ground or space, public building or structure, or public utility, whether publicly or privately owned, which is in conflict with the Master Plan shall be constructed or authorized by the City until and unless the location and extent thereof shall have been submitted to the Commission and approved by the Qj!y Council. In case of Commission disapproval, they shall communicate their reasons to the Qj!y Council, which shall have the power to overrule such disapproval by a three- fourths (3/4) vote, and upon such overruling, the Council shall have the power to proceed. The widening, narrowing, relocating, vacating, or change in the use of any street, alley, or public way, or ground, or sale of any public building or real property, shall be subject to similar submission and approval of the Planning and Zoning Commission and failure to approve may be similarly overruled by the Qj!y Council. (Amended April 7, 1979) Section 11.05 Zoriino Board of Adiustment: There shall be a ZoriiriO Board of Adjustments as specified by in Artiolo 1011G, Chaptor as now or hereafter revised. 16 Section 11.06 Separation of Planninq and Zoning Commissions: The ~ Council may by ordinance, at such time as deemed in the best interest of the citizens of Colleyville, create a separate Commission to perform the duties of Planning. This Commission shall have the same structure as provided for the Zoning Commission in 'Section 11.~1, and will perform all duties listed in $ection 11.01 through 11.051, for Planning onl)'. The ZoningComrnission will perform only the duties described in the same Sections for Zoning, and as advisory board to the Planning Commission. ARTICLE XIII FRANCHISES AND PUBLIC UTILITIES Section 12.01 Powers of the City: In addition to the City's power to buy, construct, lease, maintain, operate, and regulate public utilities within or without the City Limits, and to manufacture, distribute and sell the commodities or products of such utility operations required and used by the public, the City shall have such further powers as may now or hereafter be granted under the Constitution and State law of Tex3s. Section 12.02 Power to Grant Franchise: The City Council shall have the power by ordinance to grant, renew, and extend all franchises for all public utilities of every character operating within the City and, with consent of the franchise holder, to amend the same, provided, however, that no franchise shall be granted for an indeterminate term, and that no franchise shall be granted for a term of more than twenty (20) years from the date of the grant, renewal or extension. City Council action on all ordinances 17 (...................................................-...-............... ................... ..............'\ , Comment: Verify reference ' '--------._----~~~~--_.) r.................................................................................................................'l ~!"!=Ij~~fy re!:~':'1~-=-_~_~__J Comment: Franchise Attorney review for modifications. Provide requirement for Utilities responsibility for new ROW/easement acquisition. granting, renewing, extending or amending a public utility franchise shall comply with the applicable provisions set forth in Section 3.11 pfthis Charter. Section 12.03 Grant Not to be Exclusive: No grant or franchise to construct, maintain or operate a public utility and no renewal or extension of such grant or franchise shall be exclusive. Section 12.04 Transfer of Franchise: No public utility franchise shall be transferable except with the approval of the Council as expressed by ordinance. The term "transferable", as used herein, shall not be construed in such a manner as to prevent the franchise holder from pledging said franchise as security for a valid debt or mortgage. Section 12.05 Riqht of Requlation: All grants, renewals, extensions, or amendments of public utility franchises, whether it be so provided in the ordinance or not, shall be subject to the right of the City: (a) To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise, such power to be exercised only after due notice and hearing. (b) To require an adequate extension of plant and service as is necessary to provide adequate service to the public, and maintenance of the plant and fixtures at the highest reasonable standard of efficiency. 18 reference (c) To impose regulations to insure safe, efficient and continuous service to the public. (d) To require at any time such compensation and rental as may be permitted by State law the I:JWS of the St:Jto of Tex:Js. (e) To require the franchisee to restore at the franchisee's expense, all public or private property to a condition equally as good as or better than before disturbed by construction, repair or removal. The franchise holder in opening and refilling of all earth openings shall re-Iay the pavement and do all other work necessary to complete restoration of streets, sidewalks or grounds to a condition equally as good or better as when disturbed. (f) To require every franchisee to furnish within a reasonable time to the City, without cost to the City, a general map, with updates outlining the location, character, size, length, and terminals of all facilities of such franchisee in, over, and under ground of property in the City and to provide detailed information on request. Section 12.06 Extensions: All extensions of service of public utilities within the City limits shall become a part of the aggregate property of the public utility, shall operate as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in Section 12.05. II n case of an, e,xtension, of a public utility operatE3d under a, franchi~e hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. 19 Comment: Verify reference Section 12.07 ReQulation of Rates: The Qj!y Council shall have full power after due notice and hearing to regulate by ordinance the rates, charges and fares of all public utility franchise holders providing gas. electric. water and sewer utility service within the City provided that no such ordinance shall be passed as an emergency measure. All such franchise holders who shall request an increase in rates, charges, or fares shall have, at the hearing of the QitY Council called to consider such request, the burden of establishing by clear, competent, and convincing evidence the value of its investment properly allowable to service in the City, and the amount and character of its expenses and revenues connected with the rendering of such service. If, upon such hearing, the Council is not satisfied with the sufficiency of the evidence so furnished, it shall be entitled to call upon such public utility for the furnishing of additional evidence at a subsequent date to which said hearing may be adjourned. No public utility franchise holder shall institute any legal action to contest any rate, charge, or fare fixed by the QitY Council until such franchise holder has filed a motion for rehearing with the QitY Council for a specific date setting out each ground of its complaint against the rate, charge, or fare fixed by the QitY Council, and until the QitY Council shall have acted upon such motion. Such motion shall be deemed overruled unless acted upon by the Council within a reasonable time, not to exceed sixty (60) days from the filing of such motion for rehearing; provided, that the QitY Council may by resolution extend such time for acting on said motion for rehearing from sixty (60) days to ninety (90) days. The City shall have the power to employ at the expense of the franchise holder, expert assistance and advise in determining a reasonable rate and equitable profit to the franchise holder. Section 12.08 Public Service Corporations to File Annual Reports: A. The QitY Council shall require all public service Corporations operating within the corporate 20 limits of the City to file a sworn annual report of the receipts from the operation of the said business for the current year, how expended, how much thereof for betterments or improvements, the rate of tolls or charges for services rendered to the public, and any other facts or information that the Council may deem pertinent for its use including reports on operations within the City in intelligently passing upon any questions that may arise between the City and said public service corporations; said reports to be filed with the City Secretary, and preserved for the use of the City Council. Such reports shall be reviewed annually by the Council to determine the propriety of the rates being charged. B. Any public service corporation, partnership, or proprietorship who shall for a thirty (30) day period willfully refuse or fail to report in the manner provided by this Charter shall forfeit and pay to the City the sum of one hundred dollars ($100.00), per day for each and every day during which it shall continue in default; or, if any such enterprise shall file any report, knowing that the same does not truly report the facts about the matters mentioned therein, it shall forfeit and pay to the City the sum of one thousand dollars ($1,000.00) for each such willfully false report and shall be liable for submittal of a corrected report within two (2) weeks from notification by the City of any errors under the same penalty provisions as the original report. Section 12.09 Accounts of Municipallv Owned Utilities: Accounts shall be kept for each public utility owned or operated by the City, in such manner as to show the true and complete financial results of such City ownership and operation, including all assets, appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation reserve, and surplus; also revenues, operating expenses including depreciation, interest payments, rental and other disposition of annual income. The accounts shall show the actual capital cost to the City of each public utility owned, also the cost of all extensions, additions and improvements and the source of the funds expended for such capital purposes. They shall 21 show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The QitY Council shall annually cause to be made by a certified public accountant and shall publish a report showing the financial results of such City ownership and operation, giving the information specified in this Section and such other data as the QitY Council shall deem expedient. Section 12.10 Sales of Municipal Services: The QitY Council shall have the power and authority by ordinance: (a) In or outside the limits of the City, to sell and distribute water; sell and provide sewer service; sell and provide garbage and trash collection disposition; and to sell and provide other municipal services. (b) To establish specifications for materials and construction used within or beyond the limits of the City for such municipal services; inspect same and require such materials to be kept in good order and condition at all times; make such rules and regulations as shall be necessary and proper; and prescribe penalties for noncompliance with same. Section 12.11 Franchise Records: The City shall compile and maintain a public record of public utility franchises. ARTICLE XIII TRANSITIONAL PROVISIONS 22 Section 13.01 Schedule: A. This Charter shall take effect immediately following adoption by the voters, and shall be fully operable within one (1) year after adoption, except as provided in paragraph C of this section. B. Upon adoption of this Charter, the present members of the Qj!y Council shall serve until the terms to which they were elected shall have expired and until their successors shall have been qualified. C. Conversion of the accounting system from cash to an accrued cash basis shall occur at the beginning of the first fiscal year after employment of the City Manager. Section 13.02 Officers and Emplovees: A. Rights and Privileges Preserved. Nothing in this Charter except as otherwise specifically provided shall effect or impair the rights or privileges of persons who are City officers or employees at the time of its adoption. B. Personnel System. An employee holding a City position at the time this Charter takes full effect, who was serving in that same or a comparable position at the time of its adoption, shall not be subject to competitive tests as a condition of continuance in the same position but in all other respects shall be subject to the personnel system. Section 13.03 Preservations of Contract Riqhts: All rights, claims, actions, orders, contracts, franchises, and legal or administrative proceedings in existence at the time of the adoption of this Charter shall continue until consummation. All 23 renewals or new rights, claims, actions, orders, contracts, franchises, and legal or administrative proceedings arising after the adoption of this Charter shall be conducted pursuant to the Charter. Section 13.04 Franchises: Within six (6) months after the effective date of this Charter, every public utility and every owner of a public utility franchise shall file with the City certified copies of all franchises owned or claimed, or under which such utility is operated in the City. Section 13.05 Charter Review Commission: For a period of two (2) years, following adoption of this Charter, five (5) members of this Charter Commission, appointed by the City Council, shall serve as a CHARTER REVIEW COMMISSION in an advisory capacity as outlined below: (a) Duties of the Commission: 1. Inquire into the operation of the City Government under the Charter provisions and determine whether any such provisions require revision. 2. Propose any recommendations it may deem desirable to help insure compliance with the provisions of the Charter. 3. Propose, if it deems desirable, amendments to this Charter to improve the effective application of the Charter to current conditions. 4. Report its findings and present its proposed amendments, if any, to the City 24 Council. (b) Action by the QitY Council: The City Council shall consider any recommendation made and if any amendments be presented as a part of such report, may order such amendment or amendments to be submitted to the voters of the City in the manner provided by Chapter 1 d of Title 28 of tho Revisod Civil Statues of T OX3S, 1925, as now or hereafter amended. ARTICLE XIV GENERAL PROVISIONS Section 14.01 Publicitv of Records: All record and accounts of every office, department, or agency of the City shall be open to inspection by any citiZ$n or by any or thoso reCQrds and documents prohibitod from disclosuro by la'N. Section 14.02 Personal Financial Interest: A. Scope. This section shall apply to all elected and appointed City officials, members of commissions, boards, committees and City employees. B. Misuse of Office. No person shall use his office, position or employment in an unlawful manner or in a manner calculated to obtain a financial benefit, which is not normally or customarily received as a result of the office, position or employment held. 25 Comment: Review for possible relocation to Article 3. C. Contracts. A person, who is subject to the section and has a direct interest in any proposed or existing contract, purchase, work, sale or service to or by the City, shall not participate in discussions thereon, render a decision thereon, or vote thereon. D. Notice. Any person who shall have a conflict of interest under paragraph C above shall file a sworn statement describing in reasonable detail such conflict with the City Secretary no later than either the beginning of the meeting at which the matter will first be discussed or acted upon, or the time at which the potential conflict first becomes known to the person, whichever occurs first. E. Citizen Complaints. Any citizen of the City may file with the City Secretary a statement of suspected conflict of interest. Such statement of suspected conflict of interest shall be filed within fifteen (15) days of the decision, vote, or other event giving rise to an asserted violation of paragraph C above, and shall describe the complained of conflict in reasonable detail. The City Council, or its designee, shall respond in writing to a timely filed statement of suspected conflict of interest, and the statement of suspected conflict of interest and response of the QitY Council shall be maintained in the public records of the City. F. Oath. Upon the election, appointment, or employment of any person by the City, they shall sign a statement acknowledging that they have read and are familiar with the provisions of this Section of the Charter, and all other sections of State law pertaining to the conflict of interest, and these statements shall be maintained as public record of the City. G. Removal from Office. Failure to comply with any of the provisions of this Section shall constitute malfeasance in office and upon a finding by a Court of competent jurisdiction of said violation, the person shall immediately forfeit their position or office and such position or office 26 shall be deemed vacant. H. Contracts Voidable. Any violation of part C of this Section in the approval process of any contract shall make said contract voidable by the City. (Amended January 18,1992) ISection 14.03 Nepotism: I No person related within the second degree by affinity, or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall be appointed to any office, position or clerkship or other service to the City. This prohibition shall not apply; however, to any person who shall have been continuously employed by the City for a period of two (2) years prior to the election of the Mayor, Qj!y Council Person or appointment of the City Manager so related to him. This provision shall not apply to volunteer services to the City. Section 14.04 Official Bond for Citv Emplovees: The QitY Council shall require bonds of all municipal officers and employees who receive or disburse any funds of the City. The amount of such bonds shall be determined by the Qj!y Council and the cost thereof shall be paid by the City. Section 14.05 Tort Liabilitvi: Before the City shall be liable for damages for the death or personal injuries of any person or for damages to or destruction of property of any kind, which does not constitute a taking or damaging of property under Article I, Section 17, Constitution of the State of Texas, the person injured, if living, or his representatives, if deceased, or the owner, his agent or attorney of the property damaged or destroyed shall give the City Manager or City Secretary notice in writing of such 27 Comment: Review for possible relocation to Article 7. Comment: City Attorney review for modifications death, injury, damage or destruction, duly verified by affidavit, within one hundred twenty (120) days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages. No action at law for damages shall be brought against the City for such death, injury, damage or destruction prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the City Manager or the City Secretary. Section 14.06 Severabilitv Clause: If any section or part of section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. Section 14.07 Effect of Charter on Existinq Laws: All codes, ordinances, resolutions, rules and regulations in force on the effective date of this Charter, and not in conflict with this Charter, shall remain in force until altered, amended or repealed by the City Council. All taxes, assessments, liens, encumbrances and demands, of or against the City, fixed or established before such date, or for the fixing or establishing of which proceedings have begun at such date, shall be valid when properly fixed or established either under the law in force at the time of the beginning of such proceedings or under the law after the 28 adoption of this Charter. All rights of the City under existing franchises and contacts and all existing authority for the issuance of bonds, granted prior to adoption of this Charter, shall be preserved in full force and effect. Section 14.08 Applicabilitv of General Laws: The Constitution of the State of Texas, SU'ItelaW applicable to Home- Rule Municipal Corporations, as now or hereafter enacted, this Charter and ordinances enacted pursuant hereto shall in the order mentioned, be applicable to the City of Colleyville, but the City shall also have the power to exercise any and all powers conferred by the laws of the State of Texas upon any kind of city, town, or village, not contrary to the provisions of said home-rule status, Charter and ordinances, but the exercise of any such powers by the City of Colleyville shall be optional with it, and it shall not be required to conform to the law governing any other cities, town or villages unless and until by ordinance it adopts same. Section 14.09 Propertv Not Exempt from Special Assessments: No property of any kind, by whomsoever owned or held or by whatsoever Institution, Agency, political subdivision or organization, owned or held, whether in trust or by non-profit organization, or corporation, or by "foundation", or otherwise, (except property of the City of Colleyville, Texas, independent school districts, and other tax supported institutions), shall be exempt in any way from any of the Special Taxes, Charges, Levies and Assessments, authorized or permitted by this Charter, for Local Improvements for the public welfare. Section 14.10 Amendinq the Charter: Amendments to this Charter shall be formulated and submitted to the voters of the City in the 29 manner provided by State law Chopter 13 of Title 28 of tho Reviced Civil Statutes of Texas, 1925, as now or horcafter amended. (Amended April 7, 1979) Section 14.11 Judicial Notice: This Charter shall be deemed a Public Act and shall have the force and effect of a General Law, may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all Courts and places. Section 14.12 Gender of Wordinq: The masculine gender of the wording used throughout this Charter shall always be interpreted to mean either sex. Section 14.1 d Appeals: The City COlJncil sholl, by ordinance, establish procedures for appoal for all employees, 3ppointed or salaried, for dismissal. Such appo:)le; shall be throblgh c.n:)nnols with the City Council being the fin:)1 authority. 30