HomeMy WebLinkAboutColleyville Charter Review Committee-Agenda Packets-1/12/2005
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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.
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