HomeMy WebLinkAboutCity Council-Agenda Packets-1/26/2005
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PUBLIC NOTICE
COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE
AGENDA
JANUARY 26, 2005
7:00 P.M.
CITY HALL
100 MAIN STREET
CITY MANAGER'S CONFERENCE ROOM
THIRD FLOOR
I. Call to Order
II. Approval of January 19, 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,
Janua~21.~~~fku
C~gleton. TRMC
City Secretary
100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000
MINUTES OF THE
COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE
JANUARY 19, 2005
I. Call to Order
Chairman Jim Moore called the meeting to order on January 19, 2005 at 7:00 p.m.
ROLL CALL:
Chairman Jim Moore, Ed Baker, Linda Bond, Richard Newton, Brad
Rice, Mike Taylor, Frank Whitmire, City Manager Bill Lindley,
Financial Analyst Kacey Bess
Steve Magee and Louis Miller were absent.
II. Approval of January 12, 2005 Minutes
Mike Taylor noted that in Section III, paragraph four, "discussing" was misspelled and
the last sentence should read: "General discussion ensued regarding..."
Mike Taylor also indicated that his motion in Section III, paragraph five, should read
"...anything less is denied, no veto powers and to do this effective with the May
election in 2006."
Mike Taylor moved to approve the minutes with noted changes and seconded by
Frank Whitmire. Ayes: Chairman Moore, Ed Baker, Linda Bond, Brad Rice, Mike
Taylor and Frank Whitmire. Nayes: Richard Newton
III. Review and discussion of possible modifications of the Colleyville City Charter
The Committee reviewed and discussed previous changes to Articles III.
Discussion ensued regarding implementation of changes to City Council structure.
The Committee agreed to include in the Charter Brad Rice's proposed language
regarding implementation of the City Council structure.
Brad Rice noted that in Section 3.01, paragraph two, the "and" after "one (1) year"
should be deleted and a comma inserted, and the "at large" following "5 and 6" should
be deleted.
Mike Taylor requested that Section 3.01, paragraph two should be changed to "... the
Mayor shall be elected year one...and 5 and 6 shall be elected year three."
City Manager Lindley indicated that staff would review references contained in the
Charter and advise the Committee on any changes that are needed.
Brad Rice suggested ending the first sentence in Section 3.06(A) after"... meetings of
the City Council."
1
Discussion ensued regarding giving the City Council the right to authorize the City
Manager to sign certain contracts and expenditures.
Brad Rice proposed that the second paragraph in Section 3.06(C) be changed to ''The
Mayor Pro Tem shall perform..."
Brad Rice proposed labeling the existing paragraph in Section 3.07 subsection "A". A
new paragraph, labeled subsection "B" should be added and is to read as follows: "In
addition to the provisions set forth in Section 3.06(A), the City Council shall have the
power to authorize the City Manager to sign a specific contract or expenditure;
provided, however, the City Manager shall not be authorized to sign any bonds issued
under any provisions of the Charter."
Discussion ensued regarding the Mayor and City Council holding other elected offices.
Section 3.08(0) should say "Neither the City Council..." as per a previous Committee
recommendation.
Brad Rice noted that in Section 3.09(A), "as now or hereafter amended" should be
deleted as per a previous Committee recommendation.
Regarding Section 3.09(A), Richard Newton proposed changing "three (3) members of
the City Council" to "four (4) members of the City Council" in order to maintain a
simple majority requirement. The change was approved by the Committee.
Discussion ensued regarding Mike Taylor's recommendation to add language in the
Charter that would require City Council deliberation before a public hearing and then
again after the public hearing. Richard Newton suggested that this change not be put
in the Charter but be recommended by the Committee as a separate item for inclusion
in the City Council's Rules of Procedure. Chairman Moore requested that Mike Taylor
bring language for the proposed change to the next Committee meeting.
Frank Whitmire proposed changing the second sentence in Section 3.11 as follows:
"The City Attorney shall approve as to legality and compliance with the City Charter all
ordinances prior to final action by the City Council." Approved unanimously.
Regarding Section 3.11, Chairman Moore recommended that the reference to "two (2)
members" be changed to "three (3) members." The change was approved by the
Committee.
Brad Rice recommended that the sixth sentence of Section 3.11 should read "Each
reading of a proposed or tabled ordinance..." The change was approved by the
Committee.
Discussion ensued regarding the methods for posting ordinances.
Chairman Moore moved to strike Section 3.14 and seconded by Linda Bond. Ayes:
Chairman Moore, Ed Baker, Linda Bond, Brad Rice, Mike Taylor and Frank Whitmire.
Nayes: Richard Newton
2
IV. Discussion of selecting meeting dates
Chairman Moore requested an additional meeting on February 2nd to review the final
version of all the Charter changes.
City Manager Lindley suggested adding a formal agenda item to the February 15th
Regular Council meeting to present a report of the Committee's Charter changes and
an item to the Pre-Council meeting to review and discuss the changes with the City
Council. Brad Rice recommended that every Committee member attend the Pre
Council and Regular Council meetings and speak to the City Council regarding the
Charter review process.
The Committee requested the current City Attorney review the Committee's Charter
changes rather than having the new City Attorney review the changes due to the
compressed time schedule for getting the changes scheduled for election and since
the current City Attorney started the review process with the Committee.
V. Discussion of items to be placed on the next agenda
The Committee will start next meeting's discussion with Article XII and XIV and
previous Charter changes.
VI. Adjournment
Chairman Moore adjourned the meeting at 9:04 p.m.
3
MEMORANDUM
Office of City Manager
TO:
FROM:
SUBJECT:
DATE:
Charter Review Committee
Bill Lindley
January 26 meeting
January 21, 2005
Attached is various information for your meeting next Wednesday evening. The
materials are separated by topic for convenience by the following categories:
Section 1 -
This incorporates the various changes discussed last week for Article 3
Section 2 -
Included within this section are comments by the:
. Delinquent Tax Attorney for Article 10 dealing with Taxation
. TAD Attorney for Article 10 dealing with Taxation
. City Franchise Attorney for Article 12 which deals with Franchises
. City Attorney for any possible Tort modifications for Section 14.05 (please
see his response provided for question 5)
Section 3 -
This is a printing of the cumulative changes made to date by the Committee for
the Charter
~RTICLE 1111
THE GOVERNING BODY
Section 3.01 Number. Selection. Term:
The Legislature and Governing Body of the City shall consist of seven (7)
members; six (6) City Council Persons elected by place number and a Mayor, all
members to be elected from the City at large, and shall be known as the 'City
Council of the City of Colleyville'.
The City Council Persons and Mayor shall be elected under the general provisions provided by
~rticle IVi of this Charter for, three. (3) y~arterR1s.. -rhe three. (3). "ear terms. shaH. qe staggElred. so
that City Council Persons from Place 1 and 2 and the Mayor shall be elected year one and City
Council Persons from Places 3 and 4 shall be elected year two, and 5 and 6 at large shall be
elected year three. Each of the City Council Persons and Mayor, unless sooner removed under
the provisions of this Charter, shall hold office until his successor is elected and duly sworn.
Positions for members of the City Council shall be for Mayor and Places 1 throuQh 6.
CommencinQ with the reQular municipal City Council election of 2006. positions for
Places 3 and 4 shall be elected for a term of two (2) years and City Council Persons for
Places 5 and 6 shall be elected for a term of three (3) years. CommencinQ with the
reaular municipal election of 2007. positions for Mayor and City Council Persons for
elected for a three (3) year term. Thereafter. the Mayor and each member of the City
Council shall be elected for a three (3) year term
Section 3.02 Qualifications:
,...--~._._--_.~_._--~---.-----_._'
\ Comment: Review Section 14 for
~~e rel~cati~____.._..
,..-------_._._~--_._--_.._-,
l.~~II1E!~~:\lE!~fy.rE!fE!rE!~~E!m ' m;
Each candidate for membership and each member of the City Council shall be and remain:
(a) A resident of the City of Colleyville and shall have been a resident for a period of not
less than twelve (12) months immediately preceding their election or a resident of any territory not
formerly within the corporate limits of the City but which is annexed under the provisions of this
Charter for twelve (12) months preceding their election;
(b) A qualified voter of the State of Texas and the City of Colleyville;
(c) Not financially delinquent to the City.
If any member of the City Council fails to maintain the foregoing qualifications, or shall fail to
maintain the seventy-five percent (75%) attendance record for all regularly scheduled meetings, as
specified in Section 3.09 !hereof, during each. elected. year, or shall be convicted of a felony or
offense involving moral turpitude, the City Council shall declare a vacancy in the office of that
member of the City Council at its next regular meeting and shall fill the vacancy as set forth in this
Charter. (Amended April 7, 1984)
Section 3.03 Citv Council to Be the Judqe of Election Qualification:
The City Council shall be the judge of the election and qualification of its own members.
Section 3.04 Compensation:
The Mayor and City Council Persons shall not receive a salary, but shall be entitled to actual and
necessary expenses incurred in the performance of their specific official duties of the office.
2
~,~ol11men~:'!.e,riftr~f~rence
Section 3.05 Vacancies:
A single vacancy in the City Council shall be filled within thirty (30) days of the occurrence of the
vacancy by a majority vote of the remaining members of the City Council by selection of a person
qualified for the position as described in this Charter. This appointee shall serve until the position
can be filled at the next regular or special City election as provided by law. However, if such
vacancy occurs within one hundred twenty (120) days of a regular election, then no election shall
be called to fill the vacancy, and the remaining City Council members shall appoint a qualified
person to fill the vacancy until the regular election.
Notwithstanding the requirement in ~ection 3.09 that a. quorum of the City . C()uncil. consists of four
(4) members, if at any time the membership of the City Council is reduced to less than four (4), the
remaining members may by majority action appoint additional members to raise the membership
to four (4). These appointees shall serve until the positions can be filled at the next regular or
special City election.
Section 3.06 Mavor and Mavor Pro Tem:
A. The Mayor shall preside at all meetings of the City Council. The Mayor shall, unleSs the
City Council authorizes the Citv Manaoer to siqn certain specific contracts or expenditures as
provided in Section 3.07 A, sign all contracts and conveyances made or entered into by the City,
and all bonds issued under the provision of this Charter, and shall be the official representative of
the City. The Mayor shall be recognized as the official of the City by the Court for the purpose of
serving civil process. (Amended April 7, 1984)
B. Election of Mayor Pro Tem: Immediately following the final swearing in of all members
elected in accordance with 'Section 4.02 of this Charter, the new City Council shall in its first regular
3
r-.__._._"~-_._._---_._._---___.__m-__--' -...
! Comment: Verify reference ......'
reference
meeting, elect from among its members a Mayor Pro Tem who shall serve for the term of one (1)
year. (Amended April 7, 1984)
C. The Mayor Pro Tem shall, in the absence of the Mayor, preside at all meetings of the
City Council and shall vote on all issues before the City Council. The Mayor Pro Tem shall perform
all other duties of the Mayor during the absence or disability of the Mayor. (Amended April 7,
1984)
D. Emergency Powers of the Mayor: In time of danger or emergency, the Mayor may take
command of the Police and govern the City by proclamation and maintain order and enforce all
laws.
Section 3.07 Powers of the Citv Council:
A. All powers and authority granted to the City by the Constitution of the State of Texas shall
be vested in the City Council, except as otherwise provided by State law or this Charter.
The City Council shall provide for the exercise thereof and for the performance of all duties
and obligations imposed upon the City by State law and this Charter.
B. In addition to the provisions set forth in Section 3.06(A), the City Council shall
have the power to authorize the City ManaQer to siQn a specific contract or
expenditure: provided, however, the City Manaqer shall not be authorized to siqn
any bonds issued under any provisions of the Charter.
Section 3.08 Prohibitions:
A. Holding other office: Except where authorized by law, no Mayor or City Council Person
4
shall hold any other City office or employment by the City during the term for which he was elected
to the City Council, and no former Mayor or City Council Person shall hold any compensated
appointive City Office or employment until one (1) year after the expiration of the term for which he
was elected.
B. Appointments and/or removals: The members of the City Council shall in no way
dictate the appointment or removal of any City administrative officer or employee whom the City
Manager or any of his subordinates are empowered to appoint, unless otherwise provided in this
Charter. The City Council, by at least four (4) affirmative votes, in public session, may require the
City Manager to remove any employee for cause.
C. Interference with Administration: Except for the purpose of inquiries and investigations
by the direction of the City Council, unless provided otherwise in this Charter, the City Councilor its
members shall deal with City officers and employees who are subject to the direction and
supervision of the City Manager solely through the City Manager, and neither the City Council nor
its members shall give orders to any such officer or employee, either publicly or privately, except in
a state of declared emergency.
D. Admission of liability: Neither the City Council nor its members shall accept or admit
liability or pay any claim for damages asserted against the City without first obtaining a written
opinion from the City Attorney regarding the City's liability therein.
E. Resignation of elected official: Any elected official seeking election to any other elected
position must resign his current office at time of filing, if his elected term extends past the beginning
of the position sought.
Section 3.09 Meetinqs and Rules of Procedure:
5
A. Meetings of Council: City Council meetings shall be held at the City Hall or such place within
the City of Colleyville that the City Council shall direct. The City Council shall meet regularly at
least twice (2) in every month at such times as a City Council may prescribe by rule. In the
event of a lack of a quorum at a regularly scheduled meeting, the meeting shall be opened and
the roll call taken and recorded. Special meetings may be held on the call of the Mayor or fOLir
throQf41~ members of the City Council at the place within the City of Colleyvilie designated in
the public notice. All meetings shall be held and public notice thereof given as required by State
law. (Amended November 7,1995)
B. Minutes and Rules: The City Council shall determine its own rules and order of
business, and shall provide for keeping minutes of its proceedings and post copy on the City
Bulletin Board until the next meeting, The minutes shall be a public record.
C. Voting: Voting, except on procedural motions, shall be by roll call and the "ayes" and
"nays" shall be recorded in the minutes. Every City Council Person shall vote on all issues unless
there is a declared and recorded conflict of interest. Four (4) voting members of the City Council
shall constitute a quorum. action shall be approved with less than fburtlm:!fif41
~ affirmative votes. If during the course of a meeting a quorum ceases to exist, the meeting shall
be deemed adjourned and no further business shall be conducted. However, if because of a
conflict of interest a member steps down and remains in the Chamber to return after the item is
resolved, then a quorum will be considered in attendance even though only three (3) City
Councilpersons are left to vote. (Amended April 7, 1984)
Section 3.10 Investiqation bv the Citv Council:
The City Council, by majority vote, shall have authority to inquire into the conduct of any office,
6
department, agency, City Council member, officer or employee of the City, and to make
investigations as to municipal affairs, and for that purpose the City Council shall have the power to
authorize the Mayor to subpoena witnesses, administer oaths, and compel production of books,
documents, or other evidence. Failure to obey such subpoena or produce books, documents, or
other tangible evidence as ordered under the provisions of this Section shall constitute cause for
removal from office and/or dismissal from employment in accordance with the provisions of
.Section 3.08 B of this Charter. (Amended April 7, 1984)
Section 3.11 Ordinances in General:
The City Council shall legislate by ordinance, and the enacting clause of every ordinance shall be,
"Be it ordained by the City Council of the City of Colleyville." The City Attorney shall approve as to
legality, and ill cbrl1plial1cetblhec;haner; all ordinances prior to final action by the City Council.
Every ordinance enacted by the Council shall be signed by the Mayor or Mayor Pro-Tem in the
Mayor's absence, and shall be filed with and recorded by the City Secretary. All ordinances
exclusive of emergency ordinances as defined by ~ection 3.12, shall be read in open meeting of
the City Council at two (2) consecutive regular City Council meetings. The caption only of each
proposed ordinance shall be read at the first and second reading, provided, that upon the request
of any threetweQ} t21 members of the City Council, the ordinance shall be read in its entirety on
either the first or second reading, and further provided, however, that neither metes and bounds
descriptions nor national, state, industrial, or uniform codes or manuals shall be read. Each
reading of a proposed.Ortiilbled. ordinance shall be followed by a public hearing. No final vote of
approval or disapproval shall be taken by the City Council until after the second reading and public
hearing on each ordinance. The captions of all proposed ordinances shall be posted upon a
bulletin board at City Hall established for the purpose of giving notice of City Council meetings not
less than seventy-two (72) hours prior to the meeting at which such ordinances are read.
(Amended November 7, 1995)
7
Comment: Verify reference
reference
Section 3.12 Emerqencv Ordinances:
The City Council may adopt emergency ordinances only to meet public emergencies affecting life,
health, property, or the public peace. In particular such ordinances shall not levy taxes, grant or
renew or extend a franchise, or attempt to regulate the rate charged by any public utility for its
services. An emergency ordinance shall be introduced in the form and manner generally
prescribed for ordinances, except that it shall be plainly designated in the title as an emergency
ordinance and shall contain after the enacting clause, a declaration stating that an emergency
exists and describing it in clear and specific terms. An emergency ordinance can be adopted with
or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of a
majority of the City Council shall be required for adoption. After adoption, the ordinance shall be
published as required for other adopted ordinances. Every emergency ordinance so adopted,
shall automatically stand repealed as of the sixty-first (61) day following the day on which it
became effective, but this shall not prevent re-enactment of the emergency ordinance or as an
ordinance in general under !Section 3.111.
Section 3.13 Resolutions:
Any official action of the City Council not authorized by ordinance shall be authorized by resolution.
All resolutions shall be read in open meeting of the City Council and shall be followed by public
hearing. (Amended April 7, 1984)
8
reference
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, LLP.
ATTORNEYS AT LAW
4025 WOODLAND PARK BLVD" SUITE 300
P.O. BOX 13430
ARLINGTON, TEXAS 76094-0430
METRO 817-461-3344
FAX 817-860-6509
TO:
FROM:
SUBJECT:
DATE:
Bill Lindley
C. David Fielder and Bruce Medley
Review of tax provisions of current City Charter
January 12, 2005
The Texas Tax Code Section 1.02 provide that the Tax Code".. . supersedes any
provision of a municipal charter or ordinance relating to property taxation." We have
therefore reviewed the Charter provision faxed to us to see which if any, may have been
superseded by the Texas Tax Code.
Charter Section 10.01
,-
Texas Tax Code Section 6.22 specifically provides for municipalities to provide for
assessor collectors by charter or o,rdinance. Charter section 10.01 is therefore not in
conflict with the tax code and specifically authorized.
Charter Section 10.02
Texas Constitution, Article XI, Section 5, authorizes cities of 5,000 or more population to
levy, assess and collect taxes as authorized by their charters or ordinances. We can find
no provision ofthe Tax Code in conflict with the Section 10.02 of the tax code and
therefore are of the opinion that it is valid.
Charter Section 10.03
The above noted Texas Constitution, Article XI, Section 5, limits the authority of the City
to tax by providing that no tax in any single year shall exceed 2.5% of the taxable
property. Since the maximum tax rate included in the current Section 10.03 is $1.50 per
$100 of value, this is within the limits set by the constitution and valid. The remainder of
the Section, which limits annual increases in taxes to no more than 7%, is in conflict
with Sections 26.01 through 26.07 of the Tax Code which sets forth the procedure of
calculating the effective and rollback tax rates and provides for roll back elections. As
such, it would be superseded by the Tax Code.
Chapter Section 10.04
The Texas Constitution was amended in 1980 by adding Article VIII, Section 18, to
require that a single appraisal for property subject to taxation by the various taxing
authorities within the County and a single board of equalization (appraisal review board)
for each County equalize the values.
Texas Tax Code Chapter 22 provides for renditions and reports to be made to the Chief
Appraiser of the Appraisal District. Chapter 23 sets forth the various methods to be used
by the appraisal district to appraise property for tax purposes, Chapter 25 deals with
taxpayer notification of increases in value, and Chapter 41 provides for the equalization
of values and determination of taxpayer protests by the Appraisal Review Board.
Because of these provisions in both, the Constitution and Tax Code, it is our opinion that
Charter Section 10.04 has been superseded by the provisions of the Tax Code and is of no
effect.
Charter Section 10.05
.,~.
Texas Tax Code Chapter 31 of the Texas Tax Code provides for the that taxes are due
October 1 each year and taxes are delinquent if not paid on or before January 31 of the
following year. The Chapter also provides for installment payment of current taxes in
certain circumstances. Chapter 33 provides for delinquent collections, sets the penalty
and interest to be charged and provides for waivers of penalty and interest in some cases
where the request is timely made and the delinquency existed as a result of an error or
omission of the tax collector, his employees or agents. This Chapter also authorizes to
the tax collector to make installment agreements for delinquent taxes within certain
limits. Since all matters covered by Section 10.05 are provided for by the tax Code, it is
superseded.
Charter Section 10.06
Texas Tax Code Chapter 32 deals with liens and personal liability oftaxes. Section
32.01 provides for a lien on all property as of January 1 of each tax year to secure
payment of the taxes. Section 32.05 provides that the lien securing payment of the taxes
is the first lien on the property and superior to all interests in the property except
survivor's allowance, funeral expenses, expenses oflast illness, prior recorded restrictive
covenants running with the land and valid easements. Section 32.07 establishes that the
owner of the property as of January 1 of the tax year is personally liable for the taxes.
Chapters 33 and 34 set forth the procedures for filing suits to obtain personal judgments,
and foreclosure and sale of the property. It is our opinion that Charter Section 10.06 is
superseded by the Tax Code and no longer valid.
SUMMARY
,,-
Current sections 10.01 and 10.02 ofthe Charter are specifically authorized by the
Texas Constitution and/or the Texas Tax Code and are valid. The first sentence of
Section 10.03, which limits the maximum tax rate to $1.50 per $100 of value (or 1.5%)
is less than the 2.5% limit contained in the Article XI, Section 5 of the Constitution and
would therefore be valid limitation of the taxation power of the City. The remainder of
Section 10.03 conflicts with the effective tax rate and rollback provisions of the
Tax Code. Section 10.04 deals with appraisal and assessment matters which the
Constitution and Tax Code has delegated to the Appraisal District. Sections 10.05 and
10.06 pertain to collection matters which have been codified by the tax code and are
therefore superseded by those provisions in the Tax Code.
TAXATION
Co yYlVV\0Y'I'ts p~ OvYI
~1u.- .,. 1\ \) A1To~
ARTICLE X
(Amended November 7, 1995)
Section 10.01 Department of Taxation:
i\T Ar'-JYTIME
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 Ti1X ;\SsE;ssclf/Collector which
office shall be filled by appointment by the City Manager with the approval of the City
Deleted: surety
Council, for an indefinite term. The Tax i\:;sEl"sor/Collector shall give a. bond
Deleted: for
;ilC faithful performance of his or her duties in em
City Council
for I-cnloval.
Deleted: , 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
$100000). (Amended April 4, 1981m
Section 10.02 Power to Tax:
wlthll1
of
01 the Stille of Texas IS to
The QitY Council. shall have the power to
arlcj
Slelle; of TexCls. ;he State of Toxas.
~
I Section 10.05 F)d'y'inont of Taxes -~
Deleted: of the City
Deleted: , 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-ef
Deleted: Section 10,03 Limitation on
Tax Rate:1[
Deleted: 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)1[
Comment: TAD and Delinquent Tax
review for modifications,
Deleted: Section 10.04Prooertv
Subiect to Tax Method Assessment
Deleted: 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,~ail,n~tif!inghill1.ofsr ..,[In
Deleted: When Due and Pavable
All taxesJJecorne due and
not later than October 1
at
Taxes shall be. deemed
delinquent if not
dssessrnerlt and shall be subject to such
penalty and interest
1:11f/ _ The Council may
provide .by ordinance that all taxes either current or delinquent, due the City of Colleyville
may be paid by installments.
Section 10.06 Tax Lien;
taxes. ,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.
owner of real, personal
property as of
year. 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.
Deleted: 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
Deleted: st
Deleted: paid on or before January
31 st, and all such taxes not paid on or
to such date shall be
Deleted: as the Council may provide
ordinance
Deleted: further
Deleted: 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,
Deleted: The Council shall be
prohibited from waiving penalties and
interest, allowing discounts, and
extending time for payment of taxes,
(Amended April 4, 1984)
Deleted:
Deleted:
Deleted: The tax levied by the City is
hereby declared to be a lien, charge,
or encumbrance upon the property as
of
Deleted: 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
Deleted: In addition to the lien herein
provided, on the first day of January
. of any year the
Deleted: and
Deleted: 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 Cityshall_have the right to (..'~ [21 J
JUDGEMENT
?4.]
T/\X
Page 2: [1] Deleted Pete Smith 1/20/2005 10:00 AM
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)
Page 3: [2] Deleted Pete Smith 1/20/2005 10:42 AM
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.
Page 1 of 1
William Lindley
From: Kacey Bess
Sent: Friday, January 21,200510:07 AM
To: William Lindley
Subject: FW: FW: Section 12 of the Colleyville City Charter
Here are those changes. Disregard the p. 27 changes. Clarence sent another email that
includes language regarding the relocation of utilities.
-----Original Message---n
From: Clarence West [mailto:cawest@cawestlaw.com]
Sent: Sunday, January 16, 2005 12:07 PM
To: Kacey Bess
Subject: Re: FW: Section 12 of the Colleyville City Charter
Kacey,
Attached are the red-lined pages of the Colleyville Charter as I would suggest they be be amended.
-----Original Message-----
From: Executive Secretary [mailto:SecretaryE@ci.colleyville.tx.us]
Sent: Thursday, January 06, 2005 9:34 AM
To: cawest@cawestlaw.com
Subject: Section 12 of the Colleyville City Charter
Mr, West,
Kacey Bess asked me to email Section 12 to you. I apologize for the separate documents; we have the
pages separated for editing purposes. Please call Kacey or I if you need anything else.
Kacey Bess 817-503-1112
Thank you,
Shannon Meglasson
Executive Secretary
City Manager's Office
City of Colleyville
100 Main St.
817-503-1111
817-503-1129 Fax
~eCrEltClrye@g. cQ1113yville, t)(. u~
Clarence A. West 1201 Rio Grande Street, Suite 200 Austin, Texas 78701 512-499-8838 fax: 512-322-
8884
1/21/2005
Page 1 of2
William Lindley
From: Kacey Bess
Sent: Friday, January 21,200510:07 AM
To: William Lindley
Subject: FW: FW: Section 12 of the Colleyville City Charter
This page includes language regarding the relocation of utilities.
-----Original Message-----
From: Clarence West [mailto:cawest@cawestlaw.com]
Sent: Monday, January 17, 2005 11:22 AM
To: Kacey Bess
Subject: RE: FW: Section 12 of the Colleyville City Charter
Kacey,
I added another sentence to the end of Sec. 12.01, page 27.
IISLJgbJ:::lQ'l-'~rsJQ_rE:illJ.llaj:e the use of public property includes, but is not limited to, the right to requir~
relocC3tiQfLolJacilities in the public rights-of-way, streets and utility easements, within orwithouLtheCity
LLn1it~Lg1Jbl.3J9cilitY-9WI1~_~_cost for aI1Y-Qi1y_Rl..lbli~works Qroiect to the fLJllest extent~1I0w~(:Uhe_Clty
DQ\,"HHliLflS mayb_l.3reafter be permitted by the Constitution and State law."
Clarence A. West, Attorney
1201 Rio Grande, Suite 200
Austin, Texas 78701
512.499.8838
Fax: 512.322.0884
cawest@cawestlaw.com
-----Original Message-----
From: Kacey Bess [mailto:BessK@cLcolleyville.tx.us]
Sent: Monday, January 17, 20058:13 AM
To: Clarence West
Subject: RE: FW: Section 12 of the Colleyville City Charter
Perfect... thanks for your help on this. Did you have any language regarding relocating
utilities?
-----Original Message-----
From: Clarence West [mailto:cawest@cawestlaw.com]
Sent: Sunday, January 16, 2005 12:07 PM
To: Kacey Bess
Subject: Re: FW: Section 12 of the Colleyville City Charter
Kacey,
Attached are the red-lined pages of the Colleyville Charter as I would suggest they be be
amended.
1/21/2005
1l21/2005
Page 2 of2
-----Original Message-----
From: Executive Secretary [mailto:SecretaryE@ci.colleyville.tx.us]
Sent: Thursday, January 06, 2005 9:34 AM
To: cawest@cawestlaw.com
Subject: Section 12 of the Colleyville City Charter
Mr. West,
Kacey Bess asked me to email Section 12 to you. I apologize for the separate
documents; we have the pages separated for editing purposes. Please call Kacey or I if
you need anything else.
Kacey Bess 817 -503-1112
Thank you,
Shannon Meglasson
Executive Secretary
City Manager's Office
City of Colleyville
100 Main St.
817 -503-1111
817-503-1129 Fax
sE:!crE:!tarye@cL~QII~vi lie. tKu~
Clarence A. West 1201 Rio Grande Street, Suite 200 Austin, Texas 78701 512-499-8838
fax: 512-322-8884
ARTICLE XII
FRANCHISES,}'UBLlC UTILITIES AND OTHER USERSqF pU8~IC PROPERTY
Section 12.01 Powers of the Citv:
In addition to the City's power to buy, construct, lease, maintain, operate, and regulate public
utilities ?.lJ9.QlhE1.L~j?E:)gLQt.PtJQli.Q"p[QP?ny._LIJ.QLlJQi!1gLQ\Jj"IJQUjmjlE:)QJ.QlJ??r?.QH~QlJl2Ij~Jigb!?:Qf:
W<:lY,?JL~~J?_9IJgI)JililYE:)<:l??mf,'1J1?_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
Laws of the State of
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 and consents and agreements as to all other users of public
QIoperty, including, but not limited to users of the public riqhts-of-wav. streets and utility
easemenJ?J_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.
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
27
Deleted: AND
Section 12.05 Riqht of Requlation:
All grants, renewals, extensions, or amendments of public utility franchises and consents and
Q9.@ements as to all other users of public property. including. but not limited to users of the public
rights-of-way, streets and utility easements" 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 the
laws of the State of Texas.
(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 and of all other users of public property. including, but not
limited to users of the public rights-of-way, streets and utility easements. 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 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
28
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 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 Council
shall deem expedient.
Section 12.10 Sales of Municipal Services:
The 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. including but not limited to cable televistion
ser:vices~elecommunications services, information services and _..Qth~
electronically transmitted services, whether transmitted by radio waves, light wave
or impulses, by digital transmissions or otherwise, unless expressly prohibited by
the Constitution or State law.
(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
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 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
30
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PAGE 02/19
a~<-f - (Oy2 ')
._oJ
MEMORANDUM
PRIVTI..EGED ~ DO NOT GENERALLY DISTRIBUTE
TO: Bill Lindley, City Manager
City of Colleyville
FROM: Ross T. Foster, City Attorney
City of Colleyville
DATE: January 10,2005
SUBJECT: Charter Review Committee Questions
You have forwarded to me several questions with regard to the review of the City's
Cha.rter. The questions and my responses are as follows:
Question 1: The Committee is considering various changes to the Charter. In
some cases this involves modifying (partially or completely) the title of a particular section. In
other cases, modification. involves grammatical changes_ In the remaining category, there are
varying levels of change to the current text (including wording up to a complete re-write). In
each instance, how would the City Charter Ballot be worded?
Response: Section 52.072 of the Election Code provides the method in which
propositions are to be submitted. There is no specific statutory or charter provision concerning
the content of the proposition for modifications. It is up to the ordering authority, the City
Council, to determine the wording of the proposition on the ballot. In making the determination
the Council must comply with the common law with regard to descriptions of propositions. The
common law requires that the ballot contained a description of the proposition submitted in such
I,anguage as to constitute a fair portrayal of the features of the proposition in words ofptain
me;:Lning, so that it can be understood by persons entitled to vote. Wright v Board of Trustees of
01/17/2005 15:32
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PAGE 03/19
.Thj:um Independent School District, 520 S.W.2d 787 (Tex.Civ.App,-Tyler, 1975, writ dism' d),
Question 2: The committee is considering adding text to clarifY limitations on
issues for referendum/initiatives as provided in Section 6,01, This question relates to item 6 of
your 12-8-04 memorandum to me. By example, the committee is considering including language
(underlined and in italics) provided in Southlake's Cha,rter, which reads:
"Initiative: The qualified voters of the City shall have the power to
propose ordinances to the Council, and if the Council fails to adopt an ordinance so proposed
without any change in substance, to adopt or reject it at a City election, vrovided that such vower
shall not extend to budf!et or cwital program or any emetgency ordinance or ordinance telating
to wninfl. approvriation ofmonev or few qLtaxes. issuance of bonds and notes ofborrowinfl
mO,i'1e~. Such Dower may be used to enact a new ordinance or to reveal or amend sections olal'J)!.
existing ordinance.
"Referendum: The qualified voters of the City shan have the power
to require a reconsideration by the Council of any adopted ordinance, and if the Council fails to
repeal an ordinance so reconsidered, to approve or reject it at a City election, Dfovided that such
p'pl-:ver shall not extend to the bud~et or capital DrOr!ram or anv emergencv ordinance or
ordinance relating to zoning, appropriation ofmone.,y- or levy of taxes. issuance of bonds and
not~~s of bQ1TOWing monev."
Response: I am not sure how to respond to this, as it is not a question. If
the question is: "Do I think the proposed amendment is appropriate?" The answer is yes. If the
qu(:stion is "What is an. example of how this would be on the ballot?" The answers is as follows:
"Shall the Charter be amended to state that the power of initiative
dO(ls not extend to budget or capital programs, or ordinances relating to zoning, appropriation of
01/17/2005 15:32
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PAGE 04/19
.-.....
'.-"","
mO:11ey, levy of taxes, issuance of bonds and 110tes.';
"Shall the Charter be amended to state that the power of
refe:rendutn shall not extend to budget or capital programs or ordinan,ces related to zoning,
appropriation of money, levy of taxes, issuance of bonds and notes,"
Question 3: The Committee would like you to advise how the ballot wording for
ref~:rendum/initiatives be provided for in compliance with Section 6.05 of the Charter. A.B an
example would listing the pre-amble of an ordinance be adequate or would preparation of a
descriptive text be required for each ballot item? The committee had a general discussion with
rebl.tion to the state election code concerning requirements of how a ballot item has to be
presented to the voter, As such, the committee additionally requested you provide an excerpt of
this section of the state election code for the Committee's review.
Response: The electorate, by charter; may provide reasonable requirements with
regard to the form of the ballots for referendum and initiative. Therefore, if the Charter Review
Committee feels some specific form should be used, Section 6.05 could be amended to establish
that form. As currently written, Section 6.05 requires that the ordinance, resolution or measure
"shall set forth their nature sufficiently to identify them. ,) I would interpret this language as a
statement of the common law requirement that the ballot provision constitute a fair portrayal of
the chief features of the proposed law in words of plain meaning so they can be understood by
persons entitled to vote. If the pre-amble of the ordinance meets the foregoing test it could be
used. If it does not, then a sufficient descriptive text would be required. As requested; Section
52.072 and 52.073 of the Election Code are attached to this memorandum. I have also attached a
copy of Chapter 9 of the Local Goverrunent Code which deals with adoption of charters aod
amendments.
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''''-'0'
Question 4: The City Charter provides for veto authority by tbe Mayor. Is this
authority expressly provided by the state constitution or statutes? If not provided by state law,
then what is the legal structure to allow the veto authority by a Mayot in a home-rule city?
Response: A home-rule charter is adopted under Article 11, Section 5 of the
Texas Constitution (attached). This constitutional provision allows the residents of the City to
adopt self-government. The structure of the self-government is limited only by the provision that:
"[t],he adoption or amendment of charters is subject to such limitations as may be prescribed by
the legislature, and no charter or any ordinance passed under said charter shall contain any
provision inconsistent with the constitution of this state, or of the genera11aws enacted by the
legislature of this state." As such, the City electorate can put such provisions in the Charter as it
des.ires so long as they do not contlict with the constitution or laws of Texas. There is no specific
constitutional provision or statute which provides for mayoral veto. However~ there is also no
constitutional provision or statute which prohibits mayoral veto. Therefore, jfthe City desires to
adc,pt or continue the procedure, it may. As early as 1883, the Supreme Court of Texas
recognized the validity of mayoral veto. Citv of Galveston v. Morton, 58 Tex. 409 (1883)
(attached).
Question 5: Although not posed specifically as a question, you inquire in one of
your e-mails about any suggested changes to Section 14.05 of the Charter.
Response: I don't suggest any change to Section 14.05l unless the Committee
wants to consider shortening the 120 day notice period. The applicable statute is Section 101.10 1
of the Texas Civil Practice and Remedies Code, a copy of which I have attached. As indicated by
the statute, the City's Charter provisions requiring notice within a stated period is permitted by
law. The statute provides a notice requirement cannot be enforced if there has been actual notice
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PAGE 06/19
of the injury. However, I see no reason to include that exception within the Charter, as it is
effectively done by statute.
If you have additional question.s, please advise me.
RTF
RTF:dk
Att3.chments
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PAGE 07/1 9
~~1aw;
,,'
Page 1
V.T.C.A., Election Code S 52.072
Vemon's Texas Statutes and Codes Annotated Currentness
E1,ection Code (Ref..,> & Annas)
Title 5. Election Supplies
~ Chapter 52. Ballot Form, Content, and Preparation (Refs & Annos)
"'fIll Subchapter C. Form of ,Ballot
.~ 52.072. Propositions
(a) Except as otherwise provided by law, the authority ordering the election shall prescribe tIle wording ofa proposition
that is to appear on the ballot.
(b) A proposition shall be printed on the ballot in the form of a single statement and may appear on the ballot on Iy once.
(c) Except as provided by Subsection Cd), in an election in which an office and a m.easure are to be voted on, each
proposition stating a measure shall appear on the ballot after the listing of offices.
(d) If an election of officers is contingent on the adoption of a proposition appearing on the same ballot, the proposition
shall appear on the ballot before the listing of offices_
CREDlT(S)
Acts, 1985. 69th Leg., ch. 2] ], 9 1. eff. Jan_ ], 1986.
HJ~TORICAL AND STATUTORY NOTES
2003 M~jll Volume
Prior Laws:
Acts 1905, 29th Leg., 1 st C.S., p. 520, ch. ] ], ~ 24.
Rev.Civ.St.1911, arts, 2969, 2971.
Acts 1935, 44th Leg., p. 497, ch. 208, ~ L
A.ct~ 1945, 49th Leg., p. 247, ch. 181, g L
Acts 1949, 51 st Leg., p. 6] 5, ch. 329, ~ I.
Vernon's Ann.Civ.St. arts. 2980, 2982.
Acts 1951, 52nd Leg., p. ] 097, eh. 492, ~~ 61, 63.
Acts ]955, 54th Leg., p. 907, eh. 357, ~ 1.
Acts ]957, 55th Leg., p. 802, en. 338, 9 1.
Aets ]967, 60th Leg_, p. 1026, ch. 452, 9~ 1,3.
Acts 1977, 65th Leg.. p. 557, ch_ 194, ~ 3.
Acts 1979, 66th Leg_, p. 1159, ch_ 560, 9 5.
VAT.S. Election Code, arts_ 6-05, subd, 8; 6.07, subd. 3.
~ 2005 Thomson/West. No Claim to Orig. U.S. Govt Works.
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~~
Page 1
V.T.CA, Election Code 9 52.073
Vemon's Texas Statutes and Codes Annotated Currentness
Election Code (Refs & Annos)
Title 5. Election Supplies
I'tll Chapter .52. Ballot Form, Content, and Preparation (Refs & Annos)
11:11 Subchapter C. Form of Ballot
~~ 52.073. Voting Square and Instruction for Propositions
(al On a ballot on wl1ich a proposition is to appear, "FOR" and, below it, "AGAINST" shall be printed to the left of
the proposition.
(b) A brace or other suitabl.e deviee shall be printed to indicate to which proposition each "FOR" and "AGAINST"
app:l ies.
(c) A square for voting shall be printed to the left of each "FOR" and each "AGAINST."
(d) Immediately above the propositions, the following instruction shall be printed: "Place an 'X' in the square beside
the !~tatement indicating the way you wlsh to 'Vote."
(e) Theauthontyresponsible for presenbing the wording of a, proposition may substitute ~YE.s" and "NO" on the ballot
for "FOR" and "AGAINST" jfthe authority considers those words more appropriate.
CREDJT(S)
Act!.19!!5, 69th Leg.. eh. 211, ~ I, eff. Jan. 1,1986.
HISTORrCAL AND 8T A TUTORY NOTES
2003 Main Volume
Pl"j,[)r Laws:
Actg 1905, 29th Leg., 1 st e.S., p. 520, cll. 11.
Rev.Civ.St.1911, art. 2969.
Acts 1945, 49th Leg., p. 247, ch. 181, ~ 1.
Acts 1949, 51st Leg., p. 6J5, ell. 329, ~ 1.
Vernon's Ann.Civ.St. art. 2980.
Acts 1951, 52nd Leg., p. 1097, ch. 492, ~ 61.
Acts 1957, 55th Leg., p. 802, ch. 338, ~ 1.
Acts 1967, 60th Leg., p. 1026, ell. 452, 9 1.
ActS 1977, 65th Leg.. p. 557, ch. 194, ~ 3.
Acts 1979, 66th Leg., p. 1159, ell. 560, 9 5.
V.A.T.S. Election Code, art. 6.05, subd. 8.
(Q 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works.
~ 8.021
LOCAL GOVERNMENT CODE
CHAPTER 9. HOME-RULE MUNICIPAI~ITY
I
municipality containing 501 to 999 inhabitants may
change to a Type C genera181aw municipality.
(b) A municipality dlanging to a Type C gene1'al-
law municipality adopts the commission form of gov-
ernment.
Acts 1987. 70th Leg.. ch. 149, ~ 1. eff. Se1=Jt. 1, HJ87.
~ 8.022. Petition to Change
The resident.s of a municipality may initiate an
attempt to mal<c the change under this subchapter by
11ling \\ith the mayO)' of the municipality a written
petition signerl by at least 10 percent of the qualified
votern of' the municipnlity. The petition must r€quest
the mayor to order an election to determine whether
the municipality 1I,ril! change to a Type C genera181aw
municipality.
Act~ 1987. 70th Lai\.. ch. H9, ~ 1, erf S~pt. J., 1987.
~ 8.023. Elec;tion Order
If the mayor receives the petition, the mayor shall
Ol'der an election on the que!:1tion of the change to be
held in the municipality.
Acts 1987, 70th Leg., eh. 149, l} 1, eff. Sept. 1, 1987.
~ 8.02". Election Officers
The mayor shall appoint two election judges and
two election clerks to condttd the election under this
s\lbClhapter. The mayor shall designate One of the
election judges to be the presiding .iudg€.
Acts 1967. 70th Leg., eh. 149, II 1, eff. Sept, 1,1987.
~ 8.025. Notice of Election
In addition to the notice required by Chapter 4,
Election CQcle, notice of an election under this :5ub-
C,'hapter must be published in a newspaper in the
municipality before the 30th claJ' before the date at the
election, or jf thel'c is no newspaper in the municipali-
ty. the notice mu~t be posted llt three public places in
the municipalit~. for the 30 days preceding the date of
the el ection.
A~ 1987, 70th Leg.. ch, 149. ~ L err, Sept. 1. 1987.
~ 8.026. Order of Change
If a m,a.jo:rit~. of the votes (,9.l;t in an election under
this subchapter are for the change, the mayor :5hall
mter a.n order in the minute:> of the mttnicipality's
governing body that the munkipality is changed. The
change is efrectivc from the time the ordel" i~ entered-
Acts l~Si, 70th Leg,. ~h. 14B, ~ 1, err. Sept.. 1. 1987,
SediQn
9.001. Adoption or Amp.ndmellt of Home-Rule Chllrtel'.
9.002. Selection of Ch~.11;er Cornrniasion.
9.003. Vote OD ChuteI'.
n.OO4, Charter Amendment~.
!:I.005. Adoption of Ch.uter OT Amendment.
9.006. Concurrent E\e~tiom"
9.007. Cel'l:.ifi~ation of Cham)' or Amendment.
9J)Ofl. Regiatr.lltion (If Charter or Amendment; Effect.
* 9.001. Adoption 01' Amendment of Horne-Rule
Charter
This chapter applies to the adoption or a.mendment
of a municipal charter by a municipality aut.horized to
do 50 by Article XI, Section 5, of the Texas Constitu-
tion,
Acti; 1981, 70th Leg., ~h. 149. ~ 1, eff. Sept. 1,-1987.
~ 9.002. Selection of Charter Commission
(a) The govp.rning body of the municipality may, by
an ordinance adopted by at least a two8thirds vote of
ittl membership, order an election by the voters of the
municipality on the question: "Shall a commission be
chO$en to frame a new charter?" The governing body
shall by ordinance order the election if presented with
a petition signed by a.t least 10 percent of the qualified
voters of the municipality.
(b) The election ordil'l9.nee ::Ihall provide for the
elcction t.o be held on the date of the municipality's
lle,,-t general election scheduled after the 30th day but
on 01' before the 90th day after the date the ordinance
il; adopted. However, if no general election is sched.
uled during that period that allows sufficient time to
comply with other requirements of law, the election
['>.\1a11 be ordered for the firi!ot authorized uniform elec8
ticm date prelSclibed by the Election Code that allows
i:1llflicient time to comply \\ith other requirements of
!lw, and that occurs after the aOth day after the date
the ordinance is adopted and published in s. newspa-
per published in the municipality.
(c) Tbl:! ballot at the election on the que~tion pre.
,,"cl"ibed by Subsection (n) sh~tll also provide for the
election from the municipality at large of a charter
commission to draft a charter if a majority of the
qualified voters voting on the question of choosing a
charter commission appro\'e the question. The com-
mission must consist of !l.t least 15 members, but if it
has more than 15 members it may not have more tllo.n
one membel' for each 3,000 inhl'lbitant.e of the l'l'Illnici-
12
'I - -
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8174852835
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PAGE 10/19
I,
ORGANIZATION OF MUNICIPAl"" GOVERNMENT
~ 9.005
'Y
pality, The ballot may not cont.ain any party designa-
tion.
~ule
(d) The provi,sion:;; of Subsections (a), (b), and (c)
regarding the selection of a charter commis:;;ion do not
:Lpply to the first charter election in a municipality if:
(l)(A) the governing body of the municipality se-
lects a charter commission;
(B) a charter commission is selected at a mas:;;
meeting; or
(e) the mayor of the ,municipa.lity appoints a
cnll.rter commission; and
(2) the chartel' commi~sion has proceeded with
the formation of a charter for the m,unicipality.
Acts 19S7, 70th Legj., ell. 149, ~ 1, erf. Sl!Pt. 1. 1987.
!lent
dto
titu-
:. by
te of
r the
n be.
:)ody
with
lined
~ 9.003. Vote 0 Charter
(a.) The cha!1.e prepa.red by the charter commis-
;;ion shall be sub itted to the qualified voters of the
municipality at n election to be held on the first
authorized unifo m election date pre...'1Cribed by the
Election Code t at allows sufficient time to comply
with other requi ements of law and th~tt occurs on or
after the 40th d y after t.he date the charter coromi$-
sian compJet€s i work. The governing body of the
municipality :;ohlt I, provide for the :;lllbmiasion of the
charter at the e ection to the extent that the provi-
sion;; for submi. ;;ion are not pre:.o.cribed by general
law.
(b) Bet'ore th 30th day before the date of the
election, the go rning body of the municipality shall
ordcr the muni ',pa.l clerk or the municipnl seeretary
to mail ll. copy the propo:;;ed cha.rter to each regis-
tered voter of th municipa.lity.
(e) The chart r commission !\hall prepare the C!har-
tel' ~Q that to th. extent practicable each subject may
be voted on sep. rately.
A.cts 198'7, 70th L g., en, 149, ~ 1, eff. Sapt, 1.1987. Amend-
ed b~' Acts 1 98!l, 1st Leg., eh, 1, ~ 87(b). eff. Aug. 28, 1!l8.<l.
the
lity's
.. but
,an,ce
'hed-
Ie to
ction
clec-
llow!;
ts of
date
\.:;pa-
pre.
I" the
arter
f the
ing a
com-
t if it
than
Imid.
~ 9.00". Cna. er Amendm~nts
(a) The gave" ning body of a municipalit.y on its own
motion may!':u iL a proposed charter a.mendment to
the nlnnicipalit. s qualifier1 voters for their approval at
an election. T e governing hody shall submlt a pro-
pOlled chart~r amendment to thE' voters for their
appronl at an election if the submission ia supported
by a petition H;gned by a number of qualified voters of
the municipality equal to at least five percent or the
number of quaUfied voters of the municipality or
20,000, whichever number is the smaller.
(b) The ordinance ordering the election shall pro-
vide for the election to be held on the first authorized
uniform election date preSlcnbed by the Election Code
or on the earlier of the date of the next municipal
general election or pre~idential general election. The
ejection date must allow sufficient time to comply with
other requirements of law a.nd must occur on or after
the 30th day after the date the ordinance is adopted.
(c) Notice of the election shall be published in a
ncwspapel' of general circulation published in the mU"
nicipality. The notice must:
(1) include a substantial copy of the proposed
amendment; and
(2) he published on tbe same day in each of two
successive weeks, with the fIrst publication occur-
ring before the 14th day before the date of the
election.
(el) An amendment may not contain more tha.n one
81.1 b.i ect.
I
(e) The ballot shall be prepared so that a voter may
approve or disapprove anyone or more amendments
wi'~hol1t h~l\"ing to approve or disapprove all of the
amendments.
Aet!; 1\)87. 70th Leg" ch. 149, ~ 1, €fr. Sept. 1, 1987, Amend-
ed by Aet~ 1997, 71>th Leg., ch, 1219, ~ 0, err. .Tune 20. 1997;
Mho; 1997, 15t.h Leg" eh. 1:149, * 76. err. Sept. l, 1997.
:Ject\lm~ !:t<d, and (e) or Act~ lDm.7l\tn JAI\'.. ch.12I!1. prlwlde:
"cd) Sectinn 41.000. Election CooP., appliEll\ to thp. change in clccttan
d:ll',l)~ llml~r thi~ act.
"(c) rr t.hl~ Act <;onnleta wlth another Act of the 7lit,h Legislature,
HC1P11<lr !lp.~/;i"n, l~m, the change.~ in law made by thl~ Act prevail tn
the l'~fl,'nt of the connlet rel!"ard1r:'ll~ of the n!llIotlvc rlatp.!\ or eMet-
mcnl.:'
* 9.005. Adoption of Charter or Amendment
(a) A proposed charter for a municipality or l!. pro-
posed amendment to a municipality's charter is
adopted if it is approved by a majority of the qualified
votel'~ of the municipality who vote at an election held
for tha.t purpose.
(b) A charter or an amendment does not take effect
until the gr)verning body of the municipality enters an
order in the records of the municipality declaring that
the charter or amendment is adopted.
Acts 1987. 70th I_eg.. ch. 149, ~ I, efr. Sept. 1, 1.\18/.
1:~
,( .
01/17/2005 16:32
8174852836
~ 9.006
LOCAL GOVERNMENT CODE
I
l\ 9.006. Concunent Elections
This chapter does not prevent the voters at an
e1.edion to adopt a charter 01' an amendment to a.
charter from elernng at the same election persona to
hold office under the charter 01" amendment..
Acts 1987, 70th Leg., ch. 149, ~ 1. cl{, Sept. 1, 1987.
l\ 9,007. Certification of Charter or Amendment
(a.) AB soon as practicable after a municipa.lity
adopts a charter or cnal1:er amendment, the mayor or
chief executive offi,cer of the municipality shall certify
b the secretary" of state an authenticated copy of the
charter or amendment under the municipality's seal
showing the approval by the voters of the municipali-
t.y,
(b) The secretary of state shall file and record the
e;erlification in his office in a book kept for that
purpose.
Acts 1987, 70th Leg., ~h, 149, ~ 1, ~rr. Sept, 1, 1987.
li 9.008. Registration of Chaner or Amendment;
Efred
(a) The secretary or other oftieer of a. municipality
performing functions similar to those of a secretary
!;hall record in the serretary's or other officer's office
,;I. charter or cnarter amendment adopten by the voters
I)f the municipality. If s. charter OJ:' amendment is not
recorded on microfilm, a~ may be permitted under
another law, it shall be recorded in a book kElpt for
that purpose.
(b) Recorded charters or amendments are public
ads. CO\111.8 shall talte judicial notice of them, and no
proof ;s required of their provisions.
Acts 1987, 70th Leg., ch, 1~9, ~ 1, eff. Sept. 1, HJB7.
(Chaptel,"$ 10 to 20 reserved for expansion}
SUBTITLE B. MUNICIPAL FORM
OF GOVERNMENT
CHAPTER 21. GENERAL PROVISIONS
AFFECTING GOVERNING BODY
OF MUNICIPALITY
Acts SWO;, 77th Leg.. eh. 4~, S 1 (lnd ch. 40~,
* J(a) (I,mended the cn.a.ptr,r hClQ,ding-
SUBCHAPTER A GENERAL PROVlSIONS
511~tion
21.00l, Election of Aldet'men by Place Sy~tem in Genel',u-
Law Municipality.
~ctiol\
21.002, References tt"I Municipal ~erning Body and to
Members of Municipal Governing Body.
21.00:3. MCmOelll of Municipal ~erning Bodies May Vol-
unteer.
n
f'
n
11
t
SUBCHAPTER B. REMOVAL OF MEMBER
OF GOVERNING BODY OF GENERAL-
LAW MuNICIPALITY
2l,021. Applies.bility.
21.022, Definitions,
21,02.'3. Remo\.~.l From OffiCI;!.
21.024, N r,I Removal Before Action.
21.025. General Ground~ for Removal.
2l.026. Petition for RemO'ial,
21.027. Citation of Officer.
21.028. Bond.
21.029. Tris.1.
21.030, Appeal.
21.031. Remo\'al by Criminal Com;e1:ion.
21.0:12. Reelection Prohibited for Certain Period.
c
r
(
Ad,
20(
~ :
m:
SUBCHAPTER A. GENERAL PROVI~lONS
Acts 1(}99, 78th Leg., ch. 1567, 9 1
dMi{l?'6a.ted Subckr;.pter A.
~ 21.001. Election of Aldermen by Pla.ce System
in General-Law Municipll.lity
(a.) The governing body hf a general-law municipali-
ty that is not divided int.o wards and that elects it.,
aldermen ll.t large may pro>'ide by ordinance for the
election of aldermen under a pla.ce system.
(b) The ordinance must be enacted before the 60th
day before the date or the fir5t regular municipal
election of aldermen under n place system.
(c) M, 800n as possible after the place system ordi- '
nance is enacted, the goveJ;"TIing body shall assign
place numbers to p.ach alderman's office.
(d) When incumbent a.ldermen's terms.of office ex-
pire. any candidate for the office of aldennan sball me
an application for a specific place on the governing
body, such as "Aldenmm, Place No. I."
(e) The ballot for an electIon under the place sy!;-
tern must l'ihow each office of alderman a.s a separate
office designated by place number,
Acts 1987, 70th Leg., ch. 149, ~ It r;!ff. Sept, 1, 1.987.
PI'
pa
eel
th
bE
n~
At
Rl
~
SE
~
n
A
l'
~
~ 21.002. References to Municipal Go"erl'lin~
Body and to Members of Municipal
Governing Body
A reference in this code or another statute:
14
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8174852835
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PAGE 12/1g
w~
r ,I'
Page 1
VERNON'S TEXAS STATUTES AND CODES ANNOT ArE.D
Verllon's Texas Statutes and Codes Annotated CUlTentness
CONSTITUTION OF THE STATE OF TEXAS 1876
C,)nstitution of the State of Texas 1876 (Ref,; & Anno:;)
ARTICLE XI. MUNICIPAL CORPORA nONS
Article XI. Municipal Corporations
_~ 5. Cities of 5,000 or more population; adoption or amendment of charters; taxes; debt restrictions
Sec. S. Cities having more than five thousand (5000) inhabitant" may, by a majority vote of the qualified voters of said
city., at an election held for that purpose, adopt or amend their charters. If the number of inhabitants of cities that have
adopted or amended their charters under this section is'reduced to five thousand (5000) or fewer, the cities still may
amend their charters by a n:lll,jority vote ofthe qualified voters of said city at an electIon held for that purpose, The
adoption or amendment of charters is subject to such limitations as may be prescribed by the Legislature, and no charter
or al1Y ordinance passed under said charter shall contairi any provision inconsistent with the Constitution of the State,
01' o:fthe general laws enacted by the Legislature of this State, Said cities may levy, assess and collect such taxes as may
be authorized by law or by their charters; but no tax for any purpose shall ever be lawful for anyone year, which shall
exc~:ed two and one-half per cent. of the taxable propetty of such city, and no debt shall ever be created by any city,
unless at the same time provision be made to assess and collect annually a sufficient sum to pay the interest thereon and
crealtillg a sinking fund of at least tWQ per cent. thereon. Furthermore, no city charter shall be altered. amended or
repealed oftener tnan every two years.
END OF DOCUMENT
~ 2005 111omson/West. No 'Claim to Orig. U.S. Govt. Wol'l:<s.
01/17/2005 16:32
8174852836
~~
58 Tex. 409
58 Tex. 409, 1883 WL 9046 (Tex.)
(Cite as: 1883 WL 9046 (Tex.))
Supremc Court of Texas.
THE CITY OF GALVESTON
v.
D. F. MORTON.
Case No. 831.
Jan. 26. 1883.
West Headnotes
ApJ)eal and Error ~1l69(1)
30k 1169( I) Most Cited Cases
A v'~rdi ct of the jury sustaini ng a contract for erroneous
reasons under the influence ofan erroneous charge will
not be disturbed when the verdict is clearly right and
the ~;ontract valid, though from a different view of the
law from that given in charge by the district judge.
Municipal Corporations ~107(1)
2681<1 07( 1) Most Cited Cases
Un,jel' the charter of a city allthorizing the mayor to
veto ordinances, the mayor has no power to compel a
two".thil'ds vote of the city council by his veto in order
to \'alidate a contract with the city authorized by I'J.
previous resolution and ratified by the council.
Municipal Corporations €=>107(3)
268k 107(3) Most Cited Cases
It i~', not necessary that a veto message of the mayor of
Galveston, objecting to the passage of an ordinance or
reso lution, should be returned to the city council within
thre:l days after the passage of the ordinance or
resolution, which.it purposes to veto. No such duty can
be inferred from the requirement to place such
rescllution or ordinance ill the office of the city clerk,
and for it to remain there for three days before going
into effect. It there awaits the veto, or the express or
silent approval (lfthe mayor. for three days.
Municipal Corporations C=107(3)
268\<107(3) Most Cited Cases
Under the charter of a city requiring the mayor
disapproving an ordinance to return it to the clerk's
offi.:e to awa.it session ofthe city counciL the objections
ROSS T FOSTER P C
PAGE 13/1g
Page 1
ofthe mayor in case ofa veto are to be returned to the
city council with the ordinance vetoed, and the
objections must be placed with the ordinance in the
clerk's office to await session of the city council and
when this occurs they are to be sent in together for
action.
Municipal Corporations ~243
2681<243 Most Cited Cases
An order by a city council, awarding a contract for the
year's printing, is not an ordinance or resolution such as
the city charter requires to be pla,ced ;]1 the clerk's
office, and there remain three days before going into
effect.
Municipal Corporations ~2S2
268k252 Most Cited Cases
Where a city charter provides that the council shall as
soon as may be after the commencement of each
municipal year contract with a public newspaper of the
city as t.he official paper fhcreof, and to continue as
~uch until another is selected. after the council has
given a contract for the yearts printing it cannot
repudiate such contract and select another pri nter within
the year.
*1 APPEAL from Galveston. Tried below before the
Hon. Wm. H. Stewart.
Suit by D. F. Morton & Co. against appeltant, claiming
actual and exemplary damages for breach of an alleged
contract entered into between plaintiff in person, and
defendant through its agent, the city council of
Galveston; the alleged contract being the award and
acceptance of a contract for efty pn,nting for the current
municipal year, at a price stipulated in a bid filed by
pla.intiffs on the 17th of April, 1876, and alleged to
have been accepted by defendant on same day through
its counciL
On June 9, 1876, the city filed a general demurrer and
a general denial; on October 13, 1876, special
exceptions to appellees' petition; and on the same day
an amended answer, setting up the defense that the
proceeding of the city council of appellant, accepting
the appellees' offer to perfonn the service at the
stipulated price, wa~ vetoed by the mayor of the city of
o 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works.
01/17/2005 15:32
8174852835
58 Tex. 409
58 Tex. 409, 1883 WL 9046 (Tex.)
(Cite as: 1883 WL 9046 (Tex.))
Galyeston with in the time and in the manner prescribed
by the charter of the city, and which veto was not
overruled by a two-thirds vote of the city council, UpOll
reconsideration, as was required by the charter of the
city.
On October 17. 1876, there was a trial, and judgment
rendered for appellees for $525.27, with interest and
cost. of suit.
At II meeting of the city council on April 3, 1876, Mr.
Hill, an alderman, offered the following resolution,
which was adopted: "Resolved, That the printing
committee be authorized to advertise for bids to do the
city printing for the ensuing year. II
On April 17, 1876, the printing committee reported
that "The Galveston Daily Commoner," appellees'
paper, was the lowest bid, but that they did not feel
authorized to discriminate between newspapers, and
refel~red the matter to the city council, The report was
read, and it was moved and carried in the council that
"Thl~ Commoner" be awarded the contract for printing,
and be required to enter into bond in the sum of
$10,000 for the faithful perfonnance of the work.
A bond, executed with sureties in the amount required,
was made by D. F. Morton & Co. April 18, 1876, and
app,,:ars to have been approved by .T. Dyer. the chairman
ofthc 'finance committee.
At II regular meeting oftlle city council afterwards, on
May 3, 1876, the veto message of the mayor was read,
in which he undertook to veto the resolution of the city
coul1cil awarding the city printing to appellees. After
reading the message a motion was made to reconsider
the action "of the city COUTlcil" awarding the printing to
the appellees. The vote on that motion was 8 tic, and the
ma)' or then voting "yea," declared the motion adopted.
The question recurring on the motion to award the
printing to appellees, it was lost.
The charter provides that "all ordinances and
resolutions adopted by the council shall, before they
take: effect, be placed in, the office of the city clerk, and
if tt:~e mayor approve thereof. he shall sign the same,
and such as he shall not sign he shall return to the city
ROSS T FOSTER P C
PAGE 14/19
,Page 2
couneil with his objections thereto; and if the mayor
shall neglect to approve, or object to any such
proceedings for a longer period than three days after the
same shall be placed in the clerk's office, the same shall
go into effect."
'1<2 Mr. McInerney, city clerk, testified that the motion
of Mr. Marlow to award the contract was oral, and was
written on the minutes and placed in the city clerk's
office on the night of April 17. 1876; that on April 20,
1876, during daylight, the mayor gave witness his veto
message, to be placed by witness in the city clerk's
office, and witness did so place it the same day. The
veto message was in an envelope when witness received
it ftom the mayor; the envelope was not sealed, but was
afterwards sealed by witness without examination.
Witness never gave plaintiff notice of the veto. It
remained in the envelope, sealed up, until May 3d.
Plaintiffasked witness, some time after the message had
been given witness, to let him (plaintiff) see it, which
witrless refused. The meeting of the council on the] 7th
of April was adjourned over to the 20th of April, and
then it was assembled at four o'clock P. M., and
continued in session about three hours. The veto
message was not presented to the council on the 20th of
April. Witness does not know whether he had received
it at the time the council met Witness had no
instructions from tl1e mayor as to sealing up the
message or locking it up in the safe, but did lock it up
in the safe. There should have been a regular meeting of
the council on the 1 st of May, but there was no quorum
and no meeting. The veto message was presented to the
council at the adjoumed meeting on May 3, 1876.
W. A. Shaw testified that he published the newspaper,
"Daily Commoner," for appellees, and it was issued
daily, except Sunday, from March 16, 1876, until the
contract with the city was repudiated by the city. The
value of the printing for the city in the newspaper of
appellees was $876.77. Witness knew of the
repudiation of the contract by the city from the
proceedings ofthe city council. The paper was stopped
immediately upon the repudiation of the printing
contract, and was stopped in consequence of said
repudiation.
~ 2005 Thomson/West. No Claim to Orig. U.S. Govt. Works.
R, V. Davidvon,. for appellant."-No resolution or
01/17/2005 15:32
8174852835
5& Tex. 409
58 Tex. 409, 1883 WL 9046 (Tex.)
(Citl~ as: 1883 WL 9046 (Tex.))
ordimmce, having been passed by th~ counci I and
placl~d in the city clerk's office, can take effect and be
of force, unless the mayor shall approve the same, or
shall neglect to approve or object to the same for a
longer period than three days after it has been placed in
the dty clerk's office; or until the mayor, having so
obje'cted. the council shall, after reconsideration, pass
the :;ame by a vote of two-thirds. And that when the
mayor has deposited with tbe city clerk, to be filed In
said clerk's office, his objections to such resolution or
ordinance, within three days after such resolution or
ordinance shall have been placed in said office, such
resolution OT ordinance will not take effect or be in
forc'~ until the city coun.cil, after reconsideration
thefl,of, shall have again passed the same by a vote of
two..thirds. Charter of City of Ga.lveston of 1871, title
lTT, art. VI, ~ I; Charter of City of Galveston of 1871,
title rn, art. II, * 1.
Howard Finley. for appellee.
"'3 I. A municipal govcrnment, outside of its
gov~~mmental capacity, is, j,n many respects, to be
l'eg2l1:cled the same 85 a private corporation; and all
pan:,1 contracts made by the authorized agents of a
corporation. within the scope of the legitimate purposes
of it.~ institution, are express promises of the
corporation, and are valid.
Tl. When a party to a contract with the city has
exc<mted his bond and otherwise complied with all the
ternls ofthe contract, and has performed work under his
contract, until he has \o.:nowledge of the repudiation by
the dty of the contract, and when the agent" of the city
hav~~ designedly kept hidden and concealed from him
theil' purpose of repudiation ofthe contract, after hc had
sought diligently for infonnation in the proper quarter
in llrder to protect his sureties, he is entitled to
compensation for hi,S work and services in the actual
and fair value of the same.
~, ILLlE, CHIEF JUSTICE.
In order that the appellee might successfully maintain
this action below, it was necessary for him to prove a
com:ract entered into betwcen himselfand the city to do
the dty printing for the municipal year commencing in
ROSS T FOSTER P C
PAGE 15/19
Page 3
March, 1876. To establish this he proved a resolution
duly passed by t.he council authorizing the printing
committee to advertise for bids to do the city printing
for that year; also a bid put in by himself, which wall the
lowest. and which, owing to certain circumstal1ces. was
referred for action to the council; also the action of the
council thereon, who, upon motion of a member,
accepted hi~ offer; also the filing by him of a bond
conditioned as required by the council and approved by
their chainnan of the finance committee. It was proved
on the part of the defense that this action of the council
was vetoed by the mayor, and upon reconsideration the
veto was sustained; and the defense claimed that this
defeated the cOTltract, and the appellee had no claim
against the city for not complying with it. The court
below held that the action of the council was subject to
the mayor's veto, but that he did not comply with the
requirements ofthe charter in sending in his objectIons;
that the veto was thereforc of no effect, and the
subsequent proceedings of the council sustaining the
objections were void. and hence the contract became of
binding force by reason of tbe original vote of the
council. In this we think the court erred.
The ground upon which the district judge based his
decision was, that the objections of the mayor must be
remrned to the council with.in three days after the
passage of the ordinance or resolution which he
proposes to veto. The charter in tenns makes no such
requirement The resolution or ordinance, when passed,
is placed in the clerk's officc, where it remains for three
days before going into effect, and where it awaits the
veto, or e"Xpre$S or silent approval, of the mayor. Should
he disapprove. he is commanded to return it to the city
council; but nothing is said of such return being made
in three days. This is inferred by the court below from
the fact that the ordinance remains in the clerk's office
waiting for the mayor's action for that length of time.
Our inference is. that as the objections are returned to
the council with the ordinance vetoed, they must be
placed with it in the clerk's office and there await a
se$sion of the council, and when this occurs tIley are
sent in together for action. Otherwise, by a refusal of a
sufficient number of members to attend and form a
quorum, a veto could at any time be prevented.
02005 Thomson/West. No Claim to Orig. U.S. Oovt. Works.
*4 But in the view we take of thc case this ruling
01/17/2005 15:32
8174852835
58 Tex. 409
58 Tex. 409, 1883 WL 9046 (Tex.)
(Citl~ as: 1883 WL 9046 (Tex.))
becomes of no importance- We arE: of opinion that the
contract was completed when adopted by the board of
aldcl'I1nen, and that it was not su~iect to the mayor's
veto,
The charter require:> that all ordinances and resolutions,
before they take effect, shall be placed in the clerk's
offke for action by the mayor. This was neither an
ordi:l,ance nor a resolutioTl in the proper sense of the
term, so as to be liable to objections on the part of the
roayoL It is not termed such in the proceedings of the
council, and has none of the features of either. It was a
verbal motion, and referred solely to the a~eptance of
a pmposcd contract on the part of appellee. Contracts
are made by corporations in various ways. They may be
made by the council direct, or by agents appointed by
the (:ounci! with power to act, and by agents whose acts,
althl,mgh unauthorized originally, are afterwards ratified
by the proper authorities. The authority is often implied
when. neither given originally and no ratification
follow:>. The resolution originally adopted, which was
passed regularly through the council and approved by
the mayor, authorized certain agents to publish for bids
to d~) the printing. This resolution did not say that these
agents were to accept the bids, or that anyone else was
to do so, The inference would seem to be, that the
persons who were to do the advertising and receive the
bids, were also to accept or reject them. This seems to
have been the constmctton of tht:: committee
themselves, or they would not have assigned special
reasons for referring the matter to the council. .Be this
as it may, it was owing to this reference that the council
seem to have taken the matter into consideration. A
motion was then made to award the contract to
app~:llees, and carried almost unanimously. This
trampirt::d in reference to the matter of making an
agr~'ement for the city printing, something that could
havl) been done by an agent by authority of the council
without any subsequent ratification on. their part, and
been as binding as if sanctioned by that body and
ap'pl'oved by the mayor_ San Antonio v. Lewis, 9 Tex..
69.
Tt :is certainly not necessary to go through with the
forms of passing an ordinance or a resolution, and
havi,ng the same approved by the mayor, to do a thing
whiGh a single agent could have done for the
ROSS T FOSTER P C
PAGE 15/19
Page 4
corporation, and bound it without any approval on its
part of his course. Our view is, that it is only in cases
where the council is taking action which partakes of the
nature of legislation that the veto of the mayor can be
interposed. But that in the mere matter of accepting a
contract authorized by a previous resolution or '
ordinance, the mayor has no authority to defeat the will
of the aldermen so as to compel a two-thirds vote to
consummate the agreement.
Tn Gas Co. v. San Francisco, 6 Ca.l., 190, a contract
was made with the company for lighti.ng the city with
ga.'l. which was to be subject to the approval of the
common council. It was approved by the council by
resolution, which was not submitted to the mayor for
approval. The court held this approval not neceMary,
and the contract complete.
"'5 And so in this case, we are of opinion that when the
council voted to give the contract to appellees, the
contract was consummated without submitting the vote
to the mayor fOT approval.
But a question arises as to the power of the city to
repudiate her contracts for printing, though properly
made, on the ground that the employment of a printer
under the charter lasts only till a new one is selected.
Art. V, sec. ], title X, of the charter, provides "that the
city council shaH, as soon as may be after the
commencement of each mu.nicipal year, contract (as
they may by ordinance or resolution dctennine) with a.
public newspaper of the city as the official paper
thereof, and to continue as such until another is
~electcd," etc. It is contended that this gives the city the
power to select a new printer whenever it chooses. and
by necessary implication allows it to discharge the one
already employed. Hence that the appellee hadno cause
to complain of his agreement having been repudiated,
as he contracted with full knowledge of the powers of
the city under this section. We do not concur in this
VleW.
By requiring the city council to make the contract as
soon as possible after the commencement of each
municipal year, the charter intended to make these
contracts to continue a year_By providing that they
should continue till another paper was selected, it
~ 2005 Thomson/West. No Claim to Orig. U,S, Govt. Works.
01/17/2005 16:32
8174852836
58 Tex. 409
58 Tex. 409, 1883 WL 9046 (Tex.)
(Cit4~ as: 1883 WL 9046 (Tex.))
probab ly intended to fix the term of the employment so
that it should last tm the city should select anotner
pap~,r after the commencement ofa new municipal year.
The requirement of an annual appointment was in the
interest of economy, as better rates could be had for a
long term than for a short one, It is hardly to be
supposed that it would give the power to discharge the
printer at will, when no one would accept employment
on :luch terms. To carry out the contract, much
preparation on the part of the printer would have to be
made and expense jncurred_ At least such was the case
in tl'lis instance. No one would make such preparation
and incur such expense to undertake a contract existing
only at the will of the council.
Bu~ admitting that a new printer could. under the
charter, be selected at any time before the expiration of
the year, it was not out of the power of the city to
contract upon a good consideration that she would not
do ~;o, which was the effect of the contract in thi~
instance. The city would lose nothing by a fallure on the
part of the printer to perform his contract, as it could
thet11 rescind it, as in the case of contracts between
individuals when violated by one party to them.
We think the contract was consummated by the action
of t:7le council, and was not su~iect to the veto, nor
liabie to be repudiated by the city because of her right
to st:lect anotherprintet, and that the appellee is entitled
to n:cover the damages assessed in his favor.
Whilst the court erred in its charges as we have held,
the :~ame result was obtained as ifhe had charged the
jlIl'y in accordance with this opinion. The contract is
held. binding under the charge as well as under this
decision, and the verdict of the jury which sustained it
for ~moneous reason::; will not be disturbed where it i~
correct upon a proper view of the law. This court has
always refused to set aside a verdict correct in itself
because of an error afthe judge in h is charges, when, if
a correct charge had been given, they would necessarily
havl~ come to the same conclusion. Merriwether v.
Dixon, 28 Tex., 19.
*6 The judgment below is affirmed.
AFF1RMED.
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PAGE 17119
Page 5
END OF DOCUMENT
@2005 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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ROSS T FOSTER P C
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~~
.,."
Page 1
V.T.CA, Civil Practice & Remedies Code ~101.l01
Vemon's Texas Statlltes and Codes Annotated Currentness
Civil Practi.ce and Remedies Code (Refs & Annos)
Title 5. Governmental Liability
~ Chapter 101. Tort Claims (Refs & Annos)
"'iii SubchapterD. Procedures (Refs & Annas)
-~ 101.101. Notice
(a) A governmental u.nitis entitled to receive notice ofa claim against it under this cbapter not later than six months
after the day that the incident giving rise to the claim occurred. The notice must reasonably describe:
(1.) the damage or injury claimed:
(2) the time and place of the incident; and
(3) the incident
(b) A city's charter and ordinance provisions requiring notice within a charter peri,od permitted by law are ratified and
approved,
(el The notice requirements provided or ratified and approved by Subsections (a) and (b) do not apply if tbe
gov1iemmental ullit has aomal notice that death has occurred, that the claimant has received some injury, or that the
claimoot's property has been damaged.
CREDTT(S)
Act: 1985, 69th Leg., ell. 959, ~ 1, eff. Sept. 1, 1985.
HISTORICAL AND ST A TUTOR Y NOTES
1997 Main Volume
Prior Laws:
Acts 1969, 61 st Leg., p. 874, eh. 292, ~ 16.
Vernon's Ann.Civ.St. art. 6252-19, 9 16.
CR.OSS REFERENCES
Suits against county, presentation of claim before suit, see V. T.C.A., Local Government Code 9 8 J .041.
LA W REVIEW COMMENTARIES
Notice ofclaim as condit.ion precedent to suit: ,Is proprietary-governmental distillction important? James M. Hughes,
e 2005 ThomsonIWest No Claim to Orig. U.S. Govt Works.
COLLEYVILLE CITY CHARTER
TABLE OF CONTENTS
Article Section Title Paqe
Form of Government and Boundaries
1,01 Form of Government 1
1.02 Boundaries of the City 1
1.03 Extension of Boundaries 2
II Powers of the City
2.01 General Powers Adopted 2
2.02 Eminent Domain 2
2.03 Establishment and Control of Public Property 2
2,04 Street Development and Improvements 3
III The GoverninQ Body
3.01 Number, Selection, Term 3
3.02 Qualifications 4
3.03 Council to Be Judge of Election Qualifications 4
3.04 Compensation 4
3.05 Vacancies 4
3.06 Mayor and Mayor Pro Tem 5
3,07 Powers of the Council 5
3.08 Prohibitions 5
3,09 Meetings and Rules of Procedure 6
3.10 Investigation by the Council 6
3.11 Ordinances in General 6
3.12 Emergency Ordinances 7
3.13 Resolutions 7
3.14 Veto by Mayor 7
IV Elections
4.01 Laws of Governing City Elections 8
4.02 General Elections 8
4.03 Special Elections 8
4.04 Publishing City Elections 8
4.05 Run-Off Election 8
4.06 Election by Majority 8
4.07 Public Disclosure 8
IX Municipal Finance
9.01 Fiscal Year 18
9.02 Annual Budget 18
9.03 Public Records 20
9,04 Amendments after Adoption 20
9.05 Lapse of Appropriations 21
9.06 Administration of Budget 22
9.07 Borrowing 22
9,08 Purchasing 23
9.09 Specified Reserve Fund 23
X Taxation
10.01 Department of Taxation 24
10.02 Power to Tax 24
10.03 Limitation on Tax Rate 24
10.04 Property Subject to Tax, Method Assessment 24
10.05 Taxes - When Due and Payable 25
10.06 Tax Liens 25
XI Planninq and Zonina. Board of Adiustments
11,01 The Planning and Zoning Commission 25
11.02 Powers and Duties 26
11,03 The Master Plan 26
11,04 Legal Effect of the Master Plan 26
11.05 Board of Adjustment 27
11.06 Separation of Planning and Zoning
Commissions 27
Franchises and Public Utilities
XII
12,01 Powers of the City 27
12.02 Powers to Grant Franchise 27
12,03 Grant Not to be Exclusive 27
12.04 Transfer of Franchise 27
12,05 Right of Regulation 28
12.06 Extensions 28
12.07 Regulation of Rates 28
12,08 Public Service Corporations to File
Annual Reports 29
12,09 Accounts of Municipally Owned Utilities 29
12.10 Sales of Municipal Services 30
12,11 Franchise Records 30
2
V Recall of Officers bv the People
5.01 Scope of Recall 9
5.02 Petitions for Recall 9
5.03 Form of Recall Petition 9
5.04 Various Papers Constituting Petition 10
5.05 Presentation of Petition to the Council 10
5.06 Public Hearing to be Held 10
5.07 Election to be Called 10
5.08 Ballots in Recall Election 10
5.09 Result of Recall Election 11
5.10 Recall, Restrictions Thereon 11
5,11 Failure of Council to Call an Election 11
VI Leqislation by the People.
Initiative and Referendum
6.01 General Power 11
6.02 Initiative 11
6.03 Referendum 12
6.04 Voluntary Submission of Legislation
by the Council 12
6.05 Form of Ballots 12
6.06 Publication of Proposed and Referred
Ordinance or Resolution 13
6.07 Adoption of Ordinances or Resolutions 13
6.08 Inconsistent Ordinances or Resolutions 13
6.09 Ordinances or Resolutions Passed by
Popular Vote, Repeal or Amendment 13
6.10 Further Regulations by City Council 13
6,11 Franchise Ordinances 13
6,12 Compelling Submission 13
VII Administrative Oraanization
7.01 City Manager 14
7.02 City Secretary 15
7.03 Department of Police 15
7.04 Fire Department 16
7.05 Director of Public Works 16
7.06 Department of Finance 17
7.07 Other Departments, Boards and Commissions 17
VIII Legal and Judicial Services
8.01 Municipal Court 17
8.02 Judge of the Municipal Court 17
8.03 Clerk of the Municipal Court 17
8.04 City Attorney 18
3
CUMMLA rIVE CHANGES
(as of 01-19-05)
HOME RULE CHARTER
for the
C I T Y 0 F C 0 L LEY V ILL E, T E X A S
4
Preamble
We, the citizens of Colleyville, Texas, in order to
establish a Home Rule municipal government, provide for
the future progress of our City, and obtain more fully the
benefits of local self-government, do hereby adopt this
Home Rule Charter in accordance with the Statutes of
the State of Texas and do hereby declare the residents of
the City of Colleyville in Tarrant County, Texas, living
within the legally established boundaries of said City, to
be a political subdivision of said City, to be a political
subdivision of the State of Texas, incorporated forever
under the name and style of the "City of Colleyville" with
such powers, rights, authoritv.privileqes, obliQatiOrlsand
immunities and duties as are herein provided.
ARTICLE I
FORM OF GOVERNMENT AND BOUNDARIES
Section 1.01 Form of Government:
The Municipal Government provided by this Charter shall be known as the
"Council-Manager Government". Pursuant to its provisions, and subject only to the
limitations imposed by the State Constitution, thelawsfhc StQtutes of this State,
and by this Charter, all powers of the City Council shall be vested in an elective City
5
Council, hereinafter referred to as the "City Council". :, which shall enact local
legislation, 3dopt budgets, determine J}olicies, and appoint the City Manager, INho
in turn, shall be held responsible to the City Council for the execution of tho laws
and the administration of the government of the City.1 All Powers of the City shall
be exercised in the manner prescribed by this Charter, or, if the manner be not
prescribed, then in such manner as may be prescribed by Ordinance, the State
Constitution, or by State law St3tutoS Mthe State of Texas,
Section 1.02 Boundaries of the City:
The Inhabitants of the City of Colleyville, Tarrant County, Texas, residing within its
corporate limits, as heretofore or hereafter established, are hereby constituted and
shall continue to be a municipal body politic and corporate, in perpetuity, under the
name of the "City of Colleyville"... \'~:ith such powers, priviloges, rights, duties,
3uthorities, and immunities, as are herein provided. The bouRdaries of the City of
Colleyville shall be those of the City of Colleyville as of the 6th day of November,
1976 (See Exhibit "II,. These are on file in the Office of City Secretary.
Section 1.03 Extension of Boundaries Boundary Adiustment:
The corporate limits of the City of Colleyville may hereafter be 6*tended by
Ordinance passed and adopted by the City Council after publication of such notices
and holding of such public hearings as are required by law. The Citv Council shall
have the power bv ordinance to fix the boundaries of the Citv and to provide for the
alteration or the extension of said boundaries, pursuant to the laws of the State
now or hereinafter enacted where the same is not inconsistent with state law.
6
Comment: This may be moved to
3,07
ARTICLE II
POWERS OF THE CITY
Section 2.01 General Powers Adopted:
The City of Colleyville may ex-crcise 0.11 pO'Ners that ROW are or hereafter may be
granted to municipalities by the Constitution or the laws of the State of Texas. All
such pO'Nors, whether expressed or implied, shall be exercised and enforced in the
manner prescribed by this Charter, and 'Nhen not prescribed herein, in such
manner as may be provided by ordinance or resolution of the Council of the City of
ColleY'lille. The enumeration of particular powers by this Charter shall not be
deemed to be exclusive, and in addition to the powers enumemted herein or
implied hereby, or appropri::lte to the exercise of such pO'Ners, it is intended that the
City of Colleyville shall have and may exercise all pO'l':ers of local self government,
::Ind ::III powers enumor::lted in Ch::lpter 13, Title 28, Article 1175, of the Re'lised
Civil Statutes of the State of Texas, of 1925, and amendments thereto and
hereafter enacted, or any other powers which under the Constitution and laws of
the State of Texas, it would be competent for this Gharter specifically to enumerate
in so fur 3S those pO'Ners are not limited by this Charter.
(a) The City Council shall have the powers. functions, riohts, privileoes and
immunities of every name and nature, that are now or hereafter may be
oranted to a Home Rule City bv the Constitution and laws of this State,
tooether with all implied powers necessary to carry into execution all such
powers oranted.
(b) Amono such powers, the City Council shall have police powers. the power to
adiust boundaries. to contract and to co-operate with the oovernment of any
7
state or any agency or subdivision thereof, or with the federal goyernment or
any agency thereof to accomplish any lawful purpose. The City may use a
corporate seal; may acquire property within or without its corporate limits for
any municipal purpose in fee simple, or in any lease interest or estate by
purchase, gift, devise, lease. exchange. condemnation. and subiect to the
provisions of this Charter. may sell. lease mortQage. hold. manage. improve.
exchange and control property as may now or hereafter be owned by it; may
sue and be sued: may furnish municipal services, both within and without its
corporate limits: may implead and be impleaded in all courts and places and
in all matters whatever: may provide for the expenditure of public funds for a
retirement system. group health, life and accident insurance coverage, and
surety bonds for City employees or officers: may pass ordinances,
resolutions. and enact such regulations as may be expedient for the
maintenance of good government, order and peace of the City and the
interest, welfare, health, morals. comfort, safety, security and convenience of
the City for its inhabitants consistent with the provisions of this Charter.
(c) The enumeration of particular powers of this Charter shall not be held or
deemed exclusive, but in addition to the powers enumerated herein or
implied hereby or appropriate to the exercise of such powers, the City
Council shall have and may exercise all powers of local self government and
all powers which under the Constitution and State law would be competent
for this Charter to specifically enumerate.
Section 2.02 Eminent Domain:
8
The City shall have the full right, power and authority to exercise the power of
eminent domain when necessary or desirable to carry out
the State Sf
~. The power of eminent domain hereby conferred shall include the right of
the City to take the fee fifle::an€feasemenfinferesfs in the lands so condemned and
such power and authority shall include the right to condemn, for any municipal or
publiC purpose. The City shall have the power through eminent domain
proceedings to acquire any public utility operating with or without a franchise and
furnishing a public service to the citizens of Colleyville. The procedure to be used
in the acquisition of such property through eminent domain proceedings shall be
franchise, if :my, taken together as one (1) system.
Section 2.03 Establishment and Control of Public Property:
The City of Colleyville shall have the power to layout, establish, open, alter, widen,
lower, raise, extend, grade, abandon, discontinue, abolish, close, care for, pave,
supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public
places and bridges; and regulate the use thereof; require the removal from streets,
sidewalks, alleys, and other public property or places of all obstructions and
encroachments of every nature or character upon any of said streets and
sidewalks, and the power to regulate, control and/or prohibit the moving of any type
9
of objects over, along, or upon, under or across streets, alleys, sidewalks, parks,
squares, public places and bridges, of every kind and character in such places and
at such time as public need shall dictate.
Section 2.04 Street Development and Improvements:
The City shall have the power to develop and improve, or cause to be developed
and improved, any and all public streets or ways within the corporate limits of the
City by laying out, opening, narrowing, widening, straightening, extending, lighting,
and establishing building lines along the same by purchasing, condemning, and
taking property therefore; by filling, grading, raising, lowering, paving, repaving and
repairing in a permanent manner, the same, and by constructing, reconstructing,
altering, repairing, and realigning curbs, gutters, drains, sidewalks, culverts and
other appurtenances and incidentals in connection with such development and
improvement authorized hereinabove, or any combination or parts thereof.
The cost of such development and improvement may be paid partly by
assessments levied as a lien against the property abutting thereon and against the
owners thereof, subject, however, to the limitations imposed by
AFtiola
Such
assessments may be levied in any amounts and under any procedures not
prohibited by State tJaw, but such assessments may not be levied in excess of
thirty-three and one-third percent (33 1/3%) of the costs of such improvements for
property abutting one side of said street or public way, or sixty-six and two-thirds
percent (66 2/3%) of the cost of such improvements for property abutting both
10
sides of said street or way. In no case shall any property owner be assessed in
excess of the cost of like improvements or repairs for a two (2) lane Collector Street
as defined by City Ordinance.
paving of l3ublio streets, side'/.'alks, alleys, high'Nays, and other public ways 'Nithin
its corporate limits, the City shall not have the power and autherity to assess
property abutting the streets to be developed, improved, or paved, without the
approval of sixty percent (60%) of the abutting property ol/mers.
amended.
~RTICLE III
THE GOVERNING BODY
Comment: Review Section 14 for
relocation
Section 3.01 Number, Selection, Term:
The Legislature and Governing Body of the City shall consist of seven
(7) members; six (6) City Council Persons elected by place number
and a Mayor, all members to be elected from the City at large, and
shall be known as the 'City Council of the City of Colleyville'.
The City Council Persons and Mayor shall be elected under the general provisions
11
provided by ~rticle IV of this Charter for three (3) year terms. The three (3) year
terms shall be staggered so that City Council Persons from Place 1 and 2 and the
Mayor shall be elected year one and City Council Persons from Places 3 and 4
shall be elected year two, and 5 and 6 at large shall be elected year three. Each of
the City Council Persons and Mayor, unless sooner removed under the provisions
of this Charter, shall hold office until his successor is elected and duly sworn.
Positions for members of the City Council shall be for Mavor and Places 1
throuah 6. Commencina with the reaular municipal City Council election of 2006.
positions for Places 3 and 4 shall be elected for a term of two (2) years and City
Council Persons for Places 5 and 6 shall be elected for a term of three (3) years.
Commencina with the reaular municipal election of 2007. positions for Mayor and
City Council Persons for Places 1 and 2 shall be elected for a term of three (3)
years. Commencina with the reaular municipal election of 2008. City Council
year term
Section 3.02 Qualifications:
Each candidate for membership and each member of the City Council shall be and
remain:
(a) A resident of the City of Colleyville and shall have been a resident for a
period of not less than twelve (12) months immediately preceding their election or a
12
reference
resident of any territory not formerly within the corporate limits of the City but which
is annexed under the provisions of this Charter for twelve (12) months preceding
their election;
(b) A qualified voter of the State of Texas and the City of Colleyville;
(c) Not financially delinquent to the City.
If any member of the City Council fails to maintain the foregoing qualifications, or
shall fail to maintain the seventy-five percent (75%) attendance record for all
regularly scheduled meetings, as specified in !Section 3.09 !hereof,during each
elected year, or shall be convicted of a felony or offense involving moral turpitude,
the City Council shall declare a vacancy in the office of that member of the City
Council at its next regular meeting and shall fill the vacancy as set forth in this
Charter. (Amended April 7, 1984)
Section 3.03Citv Council to Be the Judqe of Election Qualification:
The City Council shall be the judge of the election and qualification of its own
members.
Section 3.04Compensation:
The Mayor and City Council Persons shall not receive a salary, but shall be entitled
13
L~~':11ment: Verify reference
to actual and necessary expenses incurred in the performance of their specific
official duties of the office.
Section 3.05Vacancies:
A single vacancy in the City Council shall be filled within thirty (30) days of the
occurrence of the vacancy by a majority vote of the remaining members of the City
Council by selection of a person qualified for the position as described in this
Charter. This appointee shall serve until the position can be filled at the next
regular or special City election as provided by law. However, if such vacancy
occurs within one hundred twenty (120) days of a regular election, then no election
shall be called to fill the vacancy, and the remaining City Council members shall
appoint a qualified person to fill the vacancy until the regular election.
Notwithstanding the requirement in ISection 3.09 .~hata quorum of the9ityCouncilu
consists of four (4) members, if at any time the membership of the City Council is
reduced to less than four (4), the remaining members may by majority action
appoint additional members to raise the membership to four (4). These appointees
shall serve until the positions can be filled at the next regular or special City
election.
Section 3.06 Mavor and Mavor Pro Tem:
A. The Mayor shall preside at all meetings of the City Council. The Mayor
14
reference
shall. unless the City Council authorizes the City Manaaer to sian certain specific
contracts or expenditures as provided in Section 3.07 A sign all contracts and
conveyances made or entered into by the City, and all bonds issued under the
provision of this Charter, and shall be the official representative of the City. The
Mayor shall be recognized as the official of the City by the Court for the purpose of
serving civil process. (Amended April ?, 1984)
B. Election of Mayor Pro Tem: Immediately following the final swearing in of
all members elected in accordance with Section 4.02 of this Charter, the new City
Council shall in its first regular meeting, elect from among its members a Mayor Pro
Tem who shall serve for the term of one (1) year. (Amended April?, 1984)
C. The Mayor Pro Tem shall, in the absence of the Mayor, preside at all
meetings of the City Council and shall vote on all issues before the City Council.
The Mayor Pro Tem shall perform all other duties of the Mayor during the absence
or disability of the Mayor. (Amended April?, 1984)
D. Emergency Powers of the Mayor: In time of danger or emergency, the
Mayor may take command of the Police and govern the City by proclamation and
maintain order and enforce all laws.
Section 3.07 Powers of the City Council:
A. All powers and authority granted to the City by the Constitution of the State
15
reference
of Texas shall be vested in the City Council, except as otherwise provided by
State law or this Charter. The City Council shall provide for the exercise
thereof and for the performance of all duties and obligations imposed upon
the City by State law and this Charter.
B. In addition to the provisions set forth in Section 3.06(A), the City Council shall
have the power to authorize the City ManaQer to siQn a specific contract or
expenditure; provided, however. the City ManaQer shall not be authorized to siQn
any bonds issued under any provisions of the Charter.
Section 3.08 Prohibitions:
A. Holding other office: Except where authorized by law, no Mayor or City
Council Person shall hold any other City office or employment by the City during
the term for which he was elected to the City Council, and no former Mayor or City
Council Person shall hold any compensated appointive City Office or employment
until one (1) year after the expiration of the term for which he was elected.
B. Appointments and/or removals: The members of the City Council shall in
no way dictate the appointment or removal of any City administrative officer or
employee whom the City Manager or any of his subordinates are empowered to
appoint, unless otherwise provided in this Charter. The City Council, by at least
four (4) affirmative votes, in public session, may require the City Manager to
remove any employee for cause.
16
C. Interference with Administration: Except for the purpose of inquiries and
investigations by the direction of the City Council, unless provided otherwise in this
Charter, the City Councilor its members shall deal with City officers and employees
who are subject to the direction and supervision of the City Manager solely through
the City Manager, and neither the City Council nor its members shall give orders to
any such officer or employee, either publicly or privately, except in a state of
declared emergency.
D. Admission of liability: Neither the City Council nor its members shall
accept or admit liability or pay any claim for damages asserted against the City
without first obtaining a written opinion from the City Attorney regarding the City's
liability therein.
E. Resignation of elected official: Any elected official seeking election to any
other elected position must resign his current office at time of filing, if his elected
term extends past the beginning of the position sought.
Section 3.09 Meetinqs and Rules of Procedure:
A. Meetings of Council: City Council meetings shall be held at the City Hall or
such place within the City of Colleyville that the City Council shall direct. The City
Council shall meet regularly at least twice (2) in every month at such times as a
City Council may prescribe by rule. In the event of a lack of a quorum at a
regularly scheduled meeting, the meeting shall be opened and the roll call taken
17
and recorded. Special meetings may be held on the call of the Mayor or four
members of the City Council at the place within the City of Colleyville
designated in the public notice. All meetings shall be held and public notice
thereof given as required by State law. (Amended November 7, 1995)
B. Minutes and Rules: The City Council shall determine its own rules and
order of business, and shall provide for keeping minutes of its proceedings and
post copy on the City Bulletin Board until the next meeting. The minutes shall be a
public record.
C. Voting: Voting, except on procedural motions, shall be by roll call and the
"ayes" and "nays" shall be recorded in the minutes. Every City Council Person shall
vote on all issues unless there is a declared and recorded conflict of interest. Four
(4) voting members of the City Council shall constitute a quorum. ,how~wer,No 00
action shall be approved with less than fol.Jrthrco.~~ affirmative votes.
If during the course of a meeting a quorum ceases to exist, the meeting shall be
deemed adjourned and no further business shall be conducted. However, if
because of a conflict of interest a member steps down and remains in the Chamber
to return after the item is resolved, then a quorum will be considered in attendance
even though only three (3) City Councilpersons are left to vote. (Amended April 7,
1984)
Section 3.10 Investiqation bv the City Council:
18
The City Council, by majority vote, shall have authority to inquire into the conduct of
any office, department, agency, City Council member, officer or employee of the
City, and to make investigations as to municipal affairs, and for that purpose the
City Council shall have the power to authorize the Mayor to subpoena witnesses,
administer oaths, and compel production of books, documents, or other evidence.
Failure to obey such subpoena or produce books, documents, or other tangible
evidence as ordered under the provisions of this Section shall constitute cause for
removal from office and/or dismissal from employment in accordance with the
provisions of Section 3,08 B of this Charter. (Amended April 7, 1984)
Section 3.11 Ordinances in General:
The City Council shall legislate by ordinance, and the enacting clause of every
ordinance shall be, "Be it ordained by the City Council of the City of Colleyville."
The City Attorney shall approve as to legality. and in compliance to the Charter. all
ordinances prior to final action by the City Council. Every ordinance enacted by the
Council shall be signed by the Mayor or Mayor Pro-Tem in the Mayor's absence,
and shall be filed with and recorded by the City Secretary. All ordinances exclusive
of emergency ordinances as defined by Section 3.12, shall be read in open
meeting of the City Council at two (2) consecutive regular City Council meetings.
The caption only of each proposed ordinance shall be read at the first and second
reading, provided, that upon the request of any
members of the
City Council, the ordinance shall be read in its entirety on either the first or second
reading, and further provided, however, that neither metes and bounds descriptions
19
reference
reference
nor national, state, industrial, or uniform codes or manuals shall be read. Each
reading of a proposed,ottabled, ordinance shall be followed by a public hearing.
No final vote of approval or disapproval shall be taken by the City Council until after
the second reading and public hearing on each ordinance. The captions of all
proposed ordinances shall be posted upon a bulletin board at City Hall established
for the purpose of giving notice of City Council meetings not less than seventy-two
(72) hours prior to the meeting at which such ordinances are read. (Amended
November 7, 1995)
Section 3.12 EmerQencv Ordinances:
The City Council may adopt emergency ordinances only to meet public
emergencies affecting life, health, property, or the public peace. In particular such
ordinances shall not levy taxes, grant or renew or extend a franchise, or attempt to
regulate the rate charged by any public utility for its services. An emergency
ordinance shall be introduced in the form and manner generally prescribed for
ordinances, except that it shall be plainly designated in the title as an emergency
ordinance and shall contain after the enacting clause, a declaration stating that an
emergency exists and describing it in clear and specific terms. An emergency
ordinance can be adopted with or without amendment or rejected at the meeting at
which it is introduced. The affirmative vote of a majority of the City Council shall be
required for adoption. After adoption, the ordinance shall be published as required
for other adopted ordinances, Every emergency ordinance so adopted, shall
automatically stand repealed as of the sixty-first (61) day following the day on which
20
it became effective, but this shall not prevent re-enactment of the emergency
ordinance or as an ordinance in general under Section 3.111.
Section 3.13 Resolutions:
Any official action of the City Council not authorized by ordinance shall be
authorized by resolution. All resolutions shall be read in open meeting of the City
Council and shall be followed by public hearing. (Amended April 7, 1984)
ARTICLE IV
ELECTIONS
Section 4.01 Laws GoverninQ City Elections:
All City elections shall be governed, except as otherwise provided by this Charter,
by thelo.wsdflhe State laW of Texas governing general and municipal elections, so
far~~thelay.tSpftho State law may be applicable thereto. In the event there
should be any failure of the 13\'lSoftho State law of Texas or this Charter to provide
for some feature of the City elections, the City Council shall have the power to
provide for or correct such deficiency. Nd...in~rm::Hitipsih. cQIilCilQCtil'l90 Qity
elcation shall inv::llid::lto said election, if If the election is conducted fairly and in
substantial compliance with the laylS of the State law,
and the
Charter and ordinances of the City the election shall not be invalidated.
21
;--____ _."m_m___________.._._.... ._._
, Comment: Verify reference
Section 4.02 General Elections:
The regular City elections shall be held annually on the first Saturday in May~
unless specificallv required to be held on another day per State law. at which time
officers shall be elected to fill those offices as required by this Charter. The same
shall be conducted and the results canvassed and announced in accordance with
the 13'NS of tho State law of Texas regulating all municipal elections and in
accordance with the ordinances adopted by the City Council for the conduct of
elections. (Amended January 18, 1992)
Section 4.03Special Elections:
The City Council may by ordinance or resolution call such Special Elections as are
authorized by the lav:s of the State law of Tex3s or by this Charter, fix the date and
place of holding same, and provide all means for holding such Special Election.
Section 4.04 PublishinQ City Elections:
It is the responsibility of the City Council to inform the registered voters of the City
as to the time, place, date and purpose of any forthcoming City election, and the
City Council shall establish such rules and procedures, in addition to those required
by State J#law, to adequately inform the qualified voters of the City.
Section 4.05 Run-Off Election:
In the event that no candidate for a designated office received a majority of all
votes cast for that position in the regular or special election, a run off election shall
be held as required by State law the Election Code of tho State of Texns, Vernon's
22
Annotated Civil Statutes, as amended.
Section 4.06 Election by Maiority:
The candidate for each position on the ballot who shall have received the majority
of all votes cast for such position shall be declared elected.
Section 4.07 Public Disclosure:
At the time of filing of a candidate for a City office, the candidate shall deliver to the
City Secretary a disclosure statement containing the following information:
(a) The location, size, and current use of all property owned within the city or
within any contiouous city, or held in trust by the candidate, their spouse, and any
dependent minor children,
financial interest.
(b) The name and address of any person or corporation which currently has
or during the preceding twelve (12) months has had a contractual relationship with
the City and from which the candidate, their spouse or dependent minor children
have receive a fee, salary, or gift of a value exceeding one hundred dollars
($100.00)
(c) The name and address of any corporation or business, which currently
has or in the preceding twelve (12) months has had a contractual relationship with
the City, of which the candidate, their spouse, or any dependent minor children own
23
more that two percent (2%) of the outstanding equity interest or more than two
percent (2%) of the assets. (Amended January 18, 1992)
4.08 Oath of Office
Everv officer of the City, whether elected or appointed, shall, within thirty (30) days
of his election or appointment, take and subscribe to the followina applicable oath
or affirmation to be filed and kept in the office of the City Secretary.
(a) For elected officers: "I
faithfully execute the duties of
. do solemnly swear (or affirm) that I will
. of the City of Collevville. State of Texas, and
will to the best of my ability preserve, protect, and defend the Constitution and
Laws of the United States of America and of this State and the Charter and
Ordinances of this City. I furthermore solemnly swear (or affirm) that I have not
directlv nor indirectly paid. offered. or promised to pay. contributed. nor promised to
contribute any money or valuable thina. or promised any public office or
employment, as a reward for the aivina or withholdina of a vote at the election at
which I was elected. So help me God."
(b) For appointed officers: "I
faithfully execute the duties of
will to the best of my ability preserve. protect. and defend the Constitution and
Laws of the United States of America and of this State and the Charter and
Ordinances of this City. I furthermore solemnly swear (or affirm) that I have not
directly nor indirectly paid, offered, or promised to pay. contributed. nor promised to
contribute any money or valuable thina. or promised any public office or
employment, as a reward to secure my appointment or the confirmation
24
thereof. So help me God."
ARTICLE V
RECALL OF OFFICERS BY THE PEOPLE
Section 5.01 Scope of Recall:
appointed by tho City Counoil to fill a vacancy, shall bo subjoot ta roonll and
removal from office by the qualified voters of the City.
Any city official elected by the people shall be subiect to recall and removal from
office bY the Qualified voters of the city.
Section 5.02 Petitions for Recall:
Before the question of recall of such officer shall be submitted to the qualified
voters of the City, a petition demanding such question to be submitted, shall first be
signed by the qualified voters of the City equal in number to at least forty percent
(40%) of the number of votes cast in the last regular municipal election of the City,
and in no event less than five hundred (500) such petitioners. Each signer of such
recall petition shall personally sign their name thereto in ink or indelible pencil,
using their normal signature. In addition, each signer shall print their name, street
address of their residence in Colleyville, voter registration and the day, month and
year that their signature was affixed to the recall petition. (Amended April 7, 1984)
Section 5.03 Form of Recall Petition:
25
The recall petition mentioned above must be addressed to the Council of the
City of Colleyville, must distinctly and specifically point out the ground or grounds
upon which such petition for removal is predicated, and if there be more than one
(1) ground, such as for incorT1petenCeihbompofency, misconduct, or malfeasance
in office, shall specifically state each ground with such certainty as to give the
officer sought to be removed, notice of the matters and things with which he is
charged.
The signature shall be verified by oath in the following form:
STATE OF TEXAS
COUNTY OF TARRANT
, being first duly sworn, on oath deposes and says that I am one
(1) of the signers of the above petition and that the statements made therein are
true, and that each signature appearing thereto was made in my presence on the
day and date it purports to have been made, and I solemnly swear that the same is
the genuine signature of the person whose name it purports to be.
SWORN AND SUBSCRIBED TO before me this _ day of
19_.
Notary Public in and for
The State of Texas
26
Section 5.04 Various Papers Constitutinq Petition:
Within ten (10) days from the filing of such petition, the City Secretary shall
examine the same and from the list of qualified voters ascertain whether or not said
petition is signed by the requisite number of qualified voters, and, if necessary, the
City Council shall allow him extra help for that purpose, and he shall attach to said
petition a certificate showing the result of such examination. If by the CitY
Secretary's certificate the petition is shown to be insufficient, it may be amended
within ten (10) days from the date of said certificate. TheCitv Secretary shall,
within ten (10) days after such amendment is filed, in case one (1) is filed with him,
make a like examination of said amended petition, and if his certificate shall show
the same to be insufficient, it shall be returned to the person filing same without
prejudice, however, to the filing of a new petition based upon new and different
grounds, and not upon the same grounds. (Amended April?, 1984)
Section 5.05 Presentation of Petition to the City Council:
Within fifteen (15) days after the date of filing of the papers constituting the recall
petition, the person performing the duties of the City Secretary shall present such
petition to the City Council of the City of Colleyville at a special meeting called for
this purpose, or at the next regular meeting of the City Council. (Amended
April ?, 1984)
Section 5.06 Public Hearinq to be Held:
The officer whose removal is sought may, within five (5) days after such recall
petition has been presented to the City Council, request that a public hearing be
27
held to permit him to present facts pertinent to the charges specified in the recall
petition. In this event, the City Council shall order such public hearing to be held
not less than ten (10) days nor more than twenty (20) days after receiving such
request for a public hearing.
Section 5.07 Election to be Called:
If an officer whose removal is sought does not resign, the City Council shall order
an election and fix a date for holding such recall election within thirty (30) days of
the date of the petition; provided, however, if an election cannot be called within
said thirty (30) day period, then the date of the election shall be the first date an
election may be called under State law. (Amended January 18, 1992)
Section 5.08 Ballots in Recall Election:
Ballots used at recall elections shall conform to the following requirements:
(a) With respect to each person whose removal is sought, the question
shall be submitted: "Shall (name of person) be removed from the office of (name of
office) by recall?"
(b) Immediately below each such question there shall be printed the
following words, one (1) above the other, in the order indicated:
FOR the recall of (name of person).
28
AGAINST the recall of (name of person).
Section 5.09 Result of Recall Election:
If the majority of the votes cast at a recall election shall be against the recall of the
person named on the ballot, he shall continue in office for the remainder of his
unexpired term, subject to recall as specified in this Charter. If a majority of the
votes cast at such election be for the recall of the person named on the ballot, he
shall, regardless of any technical defects in the recall petition, be deemed removed
from office and the vacancy shall be filled as provided in Section 3.05 of this
Charter.
Section 5.10 Recall. Restrictions Thereon:
Section 5.11 Failure of Council to Call an Election:
In case all of the requirements of this Charter shall have been met and the City
Council shall fail or refuse to receive the recall petition, or order such recall
election, or discharge other duties imposed upon said City Council by the
provisions of this Charter with reference to such recall, then the County Judge of
Tarrant County, Texas, may discharge any such duties herein provided to be
discharged by the City Secretary or by the City Council.
29
i Comment: Review if Committee
i determines to extend term of elected
l offi~.~mmmmmm ....... ..mm mmmmm ... ....m m'
ARTICLE VI
LEGISLATION BY THE PEOPLE, INITIATIVE
AND REFERENDUM
Section 6.01 General Power:
The qualified voters of the City of Colleyville, in addition to the method of legislation
hereinbefore provided, shall have the power of direct legislation by the initiative and
referendum.
Section 6.02 Initiative:
The people of the City of Colleyville reserve the power of direct legislation by
initiative, and in exercise of such power may initiate legislation by submitting a
petition addressed to the City Council, which requests the submission of a
proposed ordinance or resolution to a vote of the qualified voters of the City. Said
petition must be signed by qualified voters of the City equal in number to at least
forty percent (40%) of the number of votes cast at the last regular municipal
election of the City, but in no event less than five hundred (500) such petitioners.
Each copy of the petition shall have attached to it a copy of the proposed
legislation. The petition shall be signed in the same manner as recall petitions are
signed as provided in Section 5.02 of this Charter, and shall be verified by oath in
the manner and form provided by recall petitions in Section ,5.03 iof this Charter.
30
reference
reference
The petition may consist of one (1) or more copies as permitted for recall petitions
in Section 5.04 of this Charter. Such petition shall be filed with the person
performing the duties of the City Secretary and must be certified as required by
Section 5.04 of this Charter. At the next regular Council meeting after the filing of
such a petition, the person performing the duties of City Secretary shall present
said petition and proposed ordinance or resolution to the Council. Upon
presentation of the petition and draft of proposed ordinance or resolution, the City
Council shall pass and adopt such ordinance or resolution as provided in Article III
of this Charter, without alteration as to meaning or effect in the opinion of the
person filing the petition, or call a special election, as provided by law, at which the
qualified voters of the City shall vote on the question of adopting or rejecting the
proposed legislation. However, if any other municipal election is to be held within
sixty (60) days after the filing of the petition, the question may be voted on at such
election. (Amended April 7, 1984)
Section 6.03 Referendum:
Qualified voters of the City may require that any ordinance or resolution, with the
exception of ordinances or resolutions authorizing the issuance of either tax bonds
or revenue bonds, whether original or refunding, passed by the City Council be
submitted to the voters of the City for approval or disapproval, by submitting a
petition for this purpose within ninety (90) days after final passage of said ordinance
or resolution, or within ninety (90) days after its publication. Said petition shall be
addressed, prepared, signed, and verified as required for petitions initiating
31
reference
legislation as provided in ISection 6.02iofthis Charter, and shall be submittedto the
person performing the duties of City Secretary. Immediately upon the filing of such
petition, the person performing the duties of City Secretary shall present said
petition to the City Council. Thereupon the City Council shall immediately
reconsider such ordinance or resolution, and if it does not entirely repeal the same,
shall submit it to popular vote as provided in Section 6.02 iof this Charter. Pending
the holding of such election, such ordinance or resolution shall be suspended from
taking effect and shall not later take effect unless a majority of the qualified voters
voting thereon at such election shall vote in favor thereon.
Should the popular vote be to uphold the ordinance or resolution, no other
referendum election may be held on the same and/or similar ordinance or
resolution within six (6) months. But should the same and/or similar ordinance or
resolution be passed by the City Council after invalidation by popular vote, a
referendum petition may be filed again as outlined in Article VI of this Charter.
Section 6.04 Voluntary Submission of Leqislation by the Council:
The City Council, upon its own motion and by a majority vote of its members, may
submit to popular vote at any election for adoption or rejection any proposed
ordinance or resolution or measure, in the same manner and with the same force
and effect as provided in this Article for submission on petition, and may in its
discretion call a special election as provided by law for this purpose.
32
reference
-.......-,.--.----.--...............--.......--....................,......................
, Comment: Verify reference
Section 6.05 Form of Ballots:
The ballots used when voting upon such proposed and referred ordinances,
resolutions or measures, shall set forth their nature sufficiently to identify them and
shall also set forth upon separate lines the words:
"FOR THE ORDINANCE" and
"AGAINST THE ORDINANCE", or
"FOR THE RESOLUTION" and
"AGAINST THE RESOLUTION".
Section 6.06 Publication of Proposed and Referred Ordinance or Resolution:
The person performing the duties of City Secretary shall publish at least once in the
official newspaper of the City
the notice of special referendum
election and the preamble of proposed or referred ordinance or resolution, and
shall give such other notices and do such other things relative to such election as
are required in general municipal elections or by the ordinance or resolution calling
said election.
Section 6.07 Adoption of Ordinances or Resolutions by Referendum or Initiative:
If a majority of the qualified voters voting on a proposed ordinance or resolution or
33
measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein,
become effective.
the Mayor shall be required.
Section 6.08 Inconsistent Ordinances or Resolutions:
If the provisions of two (2) or more proposed ordinances or resolutions approved at
the same election are inconsistent, the ordinance or resolution receiving the
highest number votes shall prevail.
Section 6.09 Ordinances or Resolutions Passed by Popular Vote.
Repeal or Amendment:
No ordinance or resolution which may have been passed by the City Council upon
petition or as a result of a popular vote under the provisions of this article shall be
repealed or amended for a period of five (5) years, unless there is included in such
ordinance or resolution a clause which establishes a lesser period of time in which
said ordinance or resolution shall not be repealed or amended, or unless said
ordinance or resolution is repealed or amended upon referendum vote or by
submission as provided in 'Section 6.02 [of this Charter. (AmendedApril7,1979)
Section 6.10 Further Requlations bv City Council:
The CitY Council may pass ordinances or resolutions providing other and further
34
reference
regulations for carrying out the provisions of this Article not inconsistent herewith.
Section 6.11 Franchise Ordinances:
Nothing contained in this Article shall be construed to be in conflict with any of the
provisions of this Charter pertaining to ordinances granting franchises. when
valu:Jble rights have accrued thereunder.
Section 6.12 Compellinq Submission:
In the event a court of competent jurisdiction renders a final, nonappealable
judgment directing issuance of a writ of mandamus compelling the City Council to
comply with the duties imposed upon it by .Sections 6.02 or 6.03 .of this article the
City shall pay the reasonable attorney's fees incurred by the person or persons
bringing the action to compel compliance with same. (Amended April 7, 1984)
ARTICLE VII
ADMINISTRATIVE ORGANIZATION
Section 7.01 City Manaqer:
A. Appointment and Qualifications:
The City Council by a vote of not less than four (4) members shall
35
Comment: Is this a
reference
appoint the City Manager for an indefinite term and fix the Manager's
compensation. The City Manager shall be appointed solely on the basis of
executive and administrative qualifications. The City Manager need not be a
resident of the City or State at the time of appointment. The City Manager may not
reside outside the City while in office without the approval of the City Council.
(Amended April 7, 1984)
B. Removal:
The City Manager may be removed from office by a vote of not less
than four (4) members of the City Council,ioqlyg.ing thdM~M9.r. (Amended January
18,1992)
C. Actinq City Manaqer:
By a letter filed with the City Secretary, the City Manager may
designate a City officer or employee to exercise the powers and perform the duties
of the City Manager during the City Manager's temporary absence or disability.
The City Council may revoke the Manager's designation and may appoint an
officer or employee of the City to serve during the City Manager's absence or
disability. (Amended January 18, 1992)
D. Powers and Duties of the City Manaqer:
(1) The City Manager shall be the chief administrative officer of the
36
City, responsible to the City Council for the administration of all City affairs placed
in the City Manager's charge by or under this Charter. The City Manager shall:
(2) Appoint, suspend or remove all City employees and appointed
administrative officers in accordance with the provisions of State law, this Charter
and the ordinances of the City. The City Manager may delegate to an
administrative officer, subject to the City Manager's direction and supervision, the
authority to exercise the power to appoint, suspend or remove employees working
under the administrative officer;
(3) direct and supervise the administration of all departments, as
otherwise provided by this Charter, except as otherwise provided by this Charter or
bylaw;
(4) attend all City Council meetings, and participate in the
discussion to the extent required by the council;
(5) provide for the faithful execution and enforcement of all laws,
this Charter, and acts of City the Council;
(6) prepare and submit the annual budget and capital program to
the City Council;
(7) submit to the City Council and make available to the public a
37
complete report on the finances and administrative activities of the City as of the
end of each fiscal year;
(8) make such other reports as the City Council may require
concerning the operations of the City departments, offices and agencies subject to
the City Manager's direction and supervision;
(9) keep the City Council fully advised as to the financial condition
and future needs of the City;
(10) make recommendations to the City Council concerning the
affairs of the City;
(11) provide staff support services for the Mayor, City Council
members, and appointed commissions, boards, and committees; and
(12) perform such other duties as are specified in this Charter or as
may be required by the City Council. (Amended January 18, 1992)
Section 7.02City Secretary:
The City Manager shall appoint a qualified individual to fill the position of City
Secretary, with the apprm:tHof the CityCQunpil. The City Secretary shall not be
appointed for a definite term, but may be removed from office by the City Manager
38
with the approvpl oftheGity Council.
(1) Give notice of and attend all official public meetings of the CItY
Council;
(2) Record the minutes and proceedings of all official public
meetings of the CitY Council; provided, however, that only the
title and caption of duly enacted ordinances shall be recorded in
the minutes;
(3) Act as custodian of all official records of the City Council;
(4) Hold and maintain the Seal of the City and affix this Seal to all
appropriate documents;
(5) Authenticate by signature and Seal, and record in a book kept
and indexed for the purpose, all ordinances and resolutions of
the City; and
(6) Perform such other duties as may be required by the City
Manager, the City Council, this Charter, or by State laws et
thE:3Statq<of TOX::lS and not inconsistent with other provisions of
this Charter.
Section 7.03 Department of Police:
There shall be established and maintained a Department of Police to preserve
order within the City and to secure the residents of said City from violence and the
property therein from injury or loss.
39
A. Chief of Police:
The Chief of Police shall be the chief administrative officer of the
Department of Police. He shall appoint and remove the employees of said
department and shall perform such duties as may be required of him by the City
Manager. The Chief of Police shall be appointed by the City Manager, \Vith>tho
;::lppro'j:)lofthe Cit)'CO~tlCn, for an indefinite term. The Chief of Police shall be fully
responsible to the City Manager for the administration of his Department, and for
the carrying out and enforcement of the resolutions and ordinances of the City
Council. He may be removed from office by said City Manager,
ofCit)lCouocil. (Amended April 7, 1984)
B. Special Police and Reserve Police:
No person, except as authorized by general law, by this Charter, or by
the ordinances passed pursuant hereto, shall act as a special police officer or
reserve police officer. No person holding an elective office may act as a reserve
police officer. (Amended April 7, 1984)
Section 7.04 Fire Department:
There shall be established and maintained a Fire Department to provide means for
protection against conflagrations and other disasters and to provide for the
40
maintenance, support, and regulation of a Fire Department and for the guarding
against fires.
A. Fire Chief:
The Fire Chief shall be the chief administrative officer of the Fire
Department. He shall appoint and remove the employees of said department and
shall perform such duties as may be required by the City Manager. The Fire Chief
shall be appointed by the City Manager, 'Nith thc.::ipprOIJ3Fofthe City Council, for an
indefinite term. The Fire Chief shall be fully responsible to the City Manager for the
administration of his department, and for the carrying out and enforcement of the
resolutions and ordinances of the City Council. He may be removed from office by
said City Manager with the appro':al of the City Council. (Amended April 7, 1984)
B. Volunteer Fire Department:
Authority is hereby granted to maintain a Volunteer Fire Department.
No person holding an elective office may serve as a volunteer fireman. (Amended
April 7, 1984)
Section 7.05 Department of Public Works:
There shall be established and maintained a Department of Public Works to
provide and maintain water and sewer services and such other duties as the
41
Council may direct.
A. Director of Public Works:
The Director of Public Works shall be the chief administrative officer of
the Department of Public Works. He shall appoint and remove the employees of
said department and shall perform such duties as may be required of him by the
City Manager. The Director of Public Works shall be appointed by the City
Manager, i...~ith the 3pprovSilptth~~i~~PYf1yil for an indefinite term. The Director
of Public Works shall be fully responsible to the City Manager for the administration
of his Department, and for the carrying out and enforcement of the resolutions and
ordinances of the City Council. He may be removed from Office by said City
Manager \.\'ith the 3pprov31 of tho City Council. (Amended April 7, 1984)
Section 7.06 Department of Finance:
There shall be a Department of Finance headed by the City Manager or his
appointee. The City Manager, \withtl1eqpPfOV3IofCitY~~~~~il. may appoint a
deputy director of finance who may be the City Collector of Taxes. (Amended April
4, 1981)
Section 7.070ther Departments. Boards and Commissions:
The City Council may abolish or consolidate any office or department except those
42
created by this Charter. The City Council may divide the administration of any such
departments as it may deem advisable and may create new departments.
The City Council shall create, establish, or appoint, as may be required by law,
circumstances, or this Charter, those Boards, Commissions, and Committees
which are deemed necessary to carry out the functions and obligations of the City.
The €ity Council shall prescribe accountability and tenure of each Board,
Commission, and Committee where such are not prescribed by law or this Charter.
ARTICLE VIII
LEGAL AND JUDICIAL SERVICES
Section 8.01 Municipal Court:
There shall be established and maintained a court designated as a "Municipal
Court in the City of Colleyville", for the trial of misdemeanor offenses, with all such
powers and duties as are now or hereafter may be prescribed by the laws of the
State of Texas relative to municipal courts. All fines imposed by said court shall be
paid into the City Treasury for the use and benefit of the City.
Section 8.02Judqe of the Municipal Court:
The Judge of the Municipal Court shall be appointed by the
Council to serve at
the discretion of the CitY Council. He shall be an attorney licensed and practicing
43
in the State of Texas, and shall receive such salary as may be fixed by the CIty
Council. In case of the disability or absence of the Judge of the Municipal Court,
the City Council shall appoint a qualified person to act in his place.
Section 8.03 Clerk of the Municipal Court:
There shall be a clerk of the Municipal Court to be appointed by the City Manager
wIth the concurrenoe of the CityGQ\,Jrlcil. Said clerk may hold anQtnerpoSitiof'l of
City ernployment.concurref'lt with, ..b4t .$~cQndaryto..and not.j!'1QQf)~,~...'?~jththj$;
position. The clerk of the court and deputies shall have the power to administer
oaths and affidavits, make certificates, affix the seal of the court, and generally do
and perform any and all acts as usual and necessary to be performed by the clerks
of courts in issuing process of said courts and conducting the business thereof.
Section 8.04Citv Attorney:
The City Council shall appoint a competent and duly licensed attorney practicing
law in the State of Texas, who shall be the Attorney for the City (and may also be
referred to as City Attorney). He shall receive for his services such compensation
as may be fixed by the City Council and shall hold his office at the pleasure of the
City Council.
He shall be the
legal advisor of, and attorney and counsel for, the City and all officers and
departments thereof.
44
The City Attorney shall review and concur or dissent upon all documents, contracts,
and legal instruments in which the City may have an interest.
The City Council shall have the right to retain special counsel at any time they may
deem it appropriate and/or necessary.
The City Attorney shall perform other duties prescribed by this Charter, ordinance,
or as directed by the City Council.
The City Council may contract with an attorney or with a firm of attorneys who may
desiqnate one member of said firm, with City Council approval. to serve as City
Attorney.
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 9.02Annual Budqet:
45
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 City 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
46
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 City Council.
(10) Anticipated net surplus or deficit for the ensuing fiscal year of
each utility owned or operated by the City and the proposed method of its
47
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)
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B. Submission:
The City Manager shall submit to the City Council a proposed budget and
accompanying message. The City 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 CitY 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 City Council may consider, hold public hearings
and adopt the budget at special meetings called by the
Council for that
purpose, notwithstanding the provisions of iSection 3.11i ofthis Charter requiring
action at three (3) consecutive regular CItY Council meetings. (Amended April 7,
1979)
D. Amendment before Adoption:
After the public hearings, the City 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
49
,.-----_._--~..._~----_.----
l.~omment: Verify referencem ..)
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 City 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 City Council. Adoption of the budget
shall constitute appropriations of the amount 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 City Council fails to adopt the budget by the 15th day of
September second City Councilmeetinq.jn September oftheClJl"rentfiscalVear.
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 CitY 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 September 15th the second City Council
50
meetinq in September of 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 9.04Amendments 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
City Council may, by Ordinance. carry the excess into the next fiscal year or by
resoll.ltIol1 may make supplemental appropriations to retire indebtedness or to fund
emergency appropriations as described in ISection 9.04BI.u
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 City
Council may make emergency appropriations. Such appropriations may be made
by emergency ordinance in accordance with the provisions of this Charter. To the
51
( c;;~~;';~t;V~;ify-;~i~r~~~~mmmm.... ,
....__.....____~_____.__...____ __J
extent that there are no available unappropriated revenues to meet such
appropriations, the Gity 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 City 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
City Council may by ordinance transfer part or all of any unencumbered
appropriation balance from one (1) department, office or agency to another.
E. Limitations:
52
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 9.06Administration of Budqet:
A. Payments and Obliqations Prohibited:
No payment shall be made or obligation incurred against any
53
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 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 City 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 City 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,
54
1979)
C. Independent Audit:
At the close of each fiscal year, and at such times as it may be
deemed necessary, the City 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:
The CitY 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 State
law laws of the St3te of Texas.
55
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 outstanding bonds previously issued shall and
after said exchange, be incontestable.
D. Borrowinq in Anticipation of Property Tax:
In any Budget year, the mitY 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
56
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 State law the lav.'s of the Stlte of Texas.
Section 9.08 Purchasinq:
The City Council may confer upon the City Manager general authority to contract
for expenditures without further approval of the City Council for all budgeted items
not exceeding limits set by the City Councilor State law.
Section 9.09Specified Reserve Fund:
Specified reserve funds may be created for specific purposes, and may be used
only for such purposes.
ARTICLE X
TAXATION
57
(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 haw 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 Gity 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 State law lawsbfthdStateOfTexas as they now exist or as they
may be amended, on each one hundred dollar ($100.00) assessed evaluation of all
property having a situs within the corporate limits of the City and not exempt from
taxation by the Constitution and State law~~~thq$tqt$.QfT€t*3S.
Section 10.03
Limitation on Tax Rate:
58
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)
ISection 10.04
Property Subiect to Tax, Method Assessment: 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
59
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 Payable:
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
City Council may provide by ordinance. The ~itv 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 City
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
60
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 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
61
PLANNING AND ZONING, BOARD OF ADJUSTMENT
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 who snail serve atthe.Will
and<pleasureofthe CitY . CounciL 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 CitY Council. The Commission shall keep minutes
of its proceedings which shall be of public record. The Commission shall seNe
without compensation. Vacancies.. wnicharecreated.. bv resiQnation,.. removal by
vote of a maiority of the City Council. .or for any other reason shall be filled by the
City Council for the. remainder ofthe..term.
(Amended April 7, 1984)
Section 11.02
Powers and Duties:
62
The Planning and Zoning Commission shall:
(a) Recommend a City Plan for the physical development of the City.
(b) Recommend to the City Council, approval or disapproval of proposed
changes in the Zoning Plan.
(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 State law; provided, however, this grant of
authority shall not limit the City Council's right to provide that the CitY
Council shall have final approval of plats, as provided by Stateilaw iR
Vamoh's /\nnotatodTox~~$~atli'!tes,^rticlo.9740, (Amended April 4,
1981 )
The Commission shall be responsible to and act as an advisory body to the CitY
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
63
City 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
City Council for consideration.
All amendments to the Master Plan recommended by the Commission shall be
submitted in the same manner as outlined above to the City 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 CitY 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 City
Council. In case of Commission disapproval, they shall communicate their reasons
to the City Council, which shall have the power to overrule such disapproval by a
three-fourths (3/4) vote, and upon such overruling, the City 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
64
City Council. (Amended April 7, 1979)
Section 11.05
Zonino Board of Adiustment:
There shall be a Zoninq Board of Adjustments as specified by State law
as now or
hereafter revised.
a maiority of the City Council. or for any other reason shall be filled by the City
Council for the remainder of the term.
Section 11.06
Separation of Planninq and Zoninq Commissions:
The City 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 ISection 11.101, and will perform all duties listed in jsection
11.01 through 11.051, for Planning only. The Zoning Commission will perform only
the duties described in the same Sections for Zoning, and as advisory board to the
Planning Commission.
f.RTICLE XIIi
FRANCHISES AND PUBLIC UTILITIES
Section 12.01
Powers of the City:
65
L c~I11I11E!':1~:YE!~!Y.r.l!!~~~~~.~mmm.. ... mm~
reference
Comment: Franchise Attorney
review for modifications. Provide
requirement for Utilities responsibiiity
for new ROW/easement
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 La'wsofthe Statb 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 iSection 3.11 lof 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.
66
l~~,!,~~~:Y~ri!~r~~~~~::_ ....mm..j
Section 12.04
Transfer of Franchise:
No public utility franchise shall be transferable except with the approval of the City
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.
67
(d) To require at any time such compensation and rental as may be
permitted by State law
(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-
lay 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
68
shall terminate with the original grant and shall be terminable as provided in
iSection 12.05. Iln 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 Ciity 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 CitY 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 City Council shall have acted upon such motion.
69
r---------------------.-----.----
, Comment: Verify reference
Such motion shall be deemed overruled unless acted upon by the City Council
within a reasonable time, not to exceed sixty (60) days from the filing of such
motion for rehearing; provided, that the CitY 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 City 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),
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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 City
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 City
Council shall deem expedient.
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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.
ARTICLE XIII
TRANSITIONAL PROVISIONS
Section 13.01
Schedule:
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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 pf this section.
B. Upon adoption of this Charter, the present members of the Gity 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.
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~____mm_...__~___.___________
L~()I11I11E!Il~:YerifyreferenC:El.. m
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 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
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.~
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 Council.
(b) Action by the
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 State law Chapter 13 of Title 28 of the Revised
Civil Statues of Tex3s, 1925, as now or hereafter amended.
ARTICLE XIV
GENERAL PROVISIONS
Section 14.01 Publicity of Records:
All record and accounts of every office, department, or agency of the City shall be
open to inspection by any ci~i~~ninqivii:jU~lsUbject to public inspection as provided
75
by State law or by any representative of the press at all reasonable times and
undor such reasonable regulations as may be established by the City Manager
and/or the City Council,exoopt records3nddocuments the disoldsure<of which
'A'Ol,.lld tend to defeat the lawful purpo.se 'Nhich they areint~nded to acoomplish or
those records and documents prohibited from disclosure by I3JA'.
iSection 14.02
Personal Financiallnterestl
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.
C. Contracts. A person, who is subject to this 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
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,------~~-~---_._.~.".._- -------"
i Comment: Review for possible
i relocation to Article 3.
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 CitY 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 shall be deemed vacant.
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H. Contracts Voidable. Any violation of Ipart C iof 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: '
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, CitY 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 City Emplovees:
The CitY 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 City Council and the cost thereof shall be paid by the City.
Section 14.05
Tort Liability:
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
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reference
Comment: Review for possible
relocation to Article 7.
Comment: City Attorney review for
modifications
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
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
Severability 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
79
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 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
Applicability of General Laws:
The Constitution of the State of Texas, State law
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
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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
Property 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 manner provided by State Jaw Chapter 13 of Titlo 28 of the Revised Civil
Statutes of Texas, 1925, as naif' OF hereafter aRlem:lecl. (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
81
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 14.13
,6.000318:
The City Council shall, by ordin3noe, establish procedures for 3ppe31 for all
employees, 3ppointed or sal3ried, for dismiss31. Suoh 3ppe31s shall be through
channels with the City Council being the fin31 authority.
SUBMISSION OF CHARTER TO VOTERS
The Charter Commission in preparing this Charter, finds and decides that it is
impracticable to segregate each subject so as to permit a vote of "yes" or "no" on
the same, for the reason that the Charter is so constructed that in order to enable it
to work and function, it is necessary that it should be adopted in its entirety. For
these reasons, the Charter Commission directs that said Charter be voted upon as
a whole and that it shall be submitted to the qualified voters of the City of Colleyville
at an election to be held for that purpose on the 15th day of January, 1977. Not
less than thirty (30) days prior to such an election, the City Council shall cause the
City Secretary to mail a copy of this Charter to each qualified voter of the City of
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Colleyville as appears on the latest voters' registration list.
The present City Council of the City of Colleyville shall call such election in
accordance with the provisions of the general laws of the State governing such
elections, and the same shall be conducted and the returns made and results
declared as provided by the laws of the State of Texas governing municipal
elections. If a majority of the votes cast at such election shall be in favor of the
adoption of such Charter, then an official order shall be entered upon the records of
said City by the City Council of Colleyville declaring the same adopted, and the City
Secretary shall record at length upon the records of the City, in a separate book to
be kept in his office for such purpose, such Charter as adopted, and such
Secretary shall furnish to the Mayor a copy of the Charter, which copy of the
Charter shall be forwarded by the Mayor as soon as practical, to the Secretary of
State under the seal of the City, together with a certificate showing the approval of
the qualified voters of such Charter.
We, the undersigned members of the Charter Commission heretofore duly elected
to prepare a Charter for the City of Colleyville, Texas, do hereby certify that this
publication constitutes a true copy of the proposed Charter for the City of
Colleyville, Texas, as unanimously adopted by the members thereof, and the
undersigned do hereby recommend its submission to the qualified voters of said
City as provided by law.
COMPLETED AND SUBSCRIBED TO on this the 11th day of November, 1976, at
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Colleyville, Texas.
BARBARA ANDREWS LEONARD LEAR
TOMMY ELLISON LOWELL LONNON
OPAL ETHRIDGE LOUIS MILLER
H.L. GIBSON JAMES MOORE
WANDA JOHNSON JONI NEELY
FRANK RAWLS
D.B.SCROGGINS
MAX SUMMERS
LINDA THOMPSON
FRANK WHITMIRE
CHARTER COMMISSION, CITY OF COLLEYVILLE, TEXAS.
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