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HomeMy WebLinkAboutCity Council-Agenda Packets-1/26/2005 city Of n~ Texas 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 01/17/2005 15:32 8174852835 ROSS T FOSTER P C 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 8174852835 ROSS T FOSTER P C 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 8174852835 ROSS T FOSTER P C 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. 01/17/2005 15:32 8174852835 ROSS T FOSTER P C PAGE 05/19 ''''-'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 01/17/2005 16:32 8174852836 ROSS T FOSTER P C 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 01/17/2005 16:32 8174852836 ROSS T FOSTER P C 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. 01/17/2005 16:32 8174852836 ROSS T FOSTER P C PAGE 08/19 ~~ 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 - - 01/17/2005 15:32 8174852835 ROSS T FOSTER P C 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 01/17/2005 15:32 8174852835 ROSS T FOSTER P C 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. ROSS T FOSTER P C PAGE 17119 Page 5 END OF DOCUMENT @2005 Thomson/West. No Claim to Orig. U.S. Govt. Works. 01/17/2005 15:32 8174852835 ROSS T FOSTER P C PAGE 18/19 ~~ .,." 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) 48 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), 70 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. 71 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: 72 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. 73 ~____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 74 .~ 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 76 ,------~~-~---_._.~.".._- -------" 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. 77 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 78 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 80 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 82 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 83 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. 84