HomeMy WebLinkAboutColleyville Charter Review Committee-Agenda Packets-2/2/2005
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PUBLIC NOTICE
COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE
AGENDA
FEBRUARY 2, 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 and January 26,2005 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,
J~: .o.~.~
Cynthia Singleton, TRMC
City Secretary
100 MAIN STREET COLLEYVILL.E. TEXAS 76034 (817) 503-1000
ARTICLE III
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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 Article IV of this Charter for
year
terms. The three (3) two (2) year terms shall be staggered so that Council
Persons from Place 1 and 2 at large ::md the Mayor and City Council
Persons from Place 1 and 2 and the Mayor shall be elected one (1) year one
ill and City Council Persons from Places 3, 1a:r)Q~9:tl.9:rge and 4 shall be
elected the follo'Ning year. elected year two. and City Council Persons Place
5 and 6 at larqe 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
to /0<)
l~ d
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 regular 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. Commencinq with the
reaular municipal election of 2008, City Council Persons for Places 3 and 4
shall be 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.
Regular terms of office shall commence at the beginning of the first regular
meeting of the City Council following the canvass of the election as
provided by Article 4.
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 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 indebted 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 3.03City 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 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 Section 3.09 that a quorum of the City
Council 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 Mayor and Mayor Pro Tem:
a. The Mayor shall preside at all meetings of the City Council 'and
shall vote on all issuesl. The Mayor shall, unl~ss theqity CCllJncila_uthoriz~s
the City Manaqer to sian certain specific contracts or expenditures as
provided in Section 3.07 B.
ha'.:eYEltopower. 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 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 havel'1ovotol;.lQ.'I.I~r,l:)lIt~hall perform all
other duties of the Mayor during the absence or disability of the Mayor.
Comment: Suggested text by
Chairman Moore
(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 City Council:
A. All powers and authority granted to the City by the Constitution of the
State of Texas shall be vested in the 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 Manaoer to sion a
specific contract or expenditure: provided. however, the City
Manaoer shall not be authorized to sion any bonds issued under any
provisions of the Charter.
Person shall:
1) resiqn their current office at the time of filinq for another elected
position if their term extends past the beainninq of the position souqht:
2) not hold any compensated appointive or emr;?loyment with the City
durina the term for which elected; and
3) not hold any compensated appointive City Office or employment
until one (1) year after the expiration ofthe term for which elected.
Moyor or Qi!y Council Person shall hold any other City office or employment
by the City during the term for which he '....os elected to the Q!!y Council, and
no former Mayor or Qi!y Council Person sholl hold any compensated
oppointive City Office or employment until one (1) year 3fter the expir3tion of
the term for ""'Rich he wos 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
Council, by at least fdtJt(4)offirrnqtivevote$,I~pubHc$e$$iQI1Trnay .require
the City Mon:)ger to removeanyernploYeefor.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 Council or 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 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 City Council:Cltv 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
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. [rhe Mavor and
every Eypry 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. ,ho\~ieVer, Noaa action shall be
approved with less than four.. ....tJ:\fee !.1l f3t affirmative votes.
If during the course of a meeting a quorum ceases to exist, the meeting shall
Comment: Suggested text by
Chairman Moore
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 Council
Persons are left to vote. (Amended April 7, 1984)
Section 3.10 Investiqation bY the City Council:
The .citv 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 mity Council of the City of
Colleyville." The City Attorney shall advise 3pprove as to legality and. in
compliance with 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 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 three twe Ql..~
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 orfaoled
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 EmerQency Ordinances:
The <:Difv 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 3.11.
Section 3.13 Resolutions:
Any official action of the~itM 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)
/\11 ordinances and rosolutions adopted by the Council shall, before they take
those he approves. Such os he shall not sign, he sholl roturn to the City
Council \,\'ith his written objections attached thereto. Upon the return of any
ordinance or resolution by the Mayor, the vote by v:hich the ordinance or
resolution 'Nas passed shall be reconsidered. If, after such reconsideration,
four (4) Council members agree to pass and adopt such ordinance or
object to any such proceedings for a longer period than seven (7) days after
af-orcsaid, the some shall become eff-cctive immediately upon publication os
required by law. (Amended April 7, 19811)
ARTICLE XII
FRANCHISES, PUBLIC UTILITIES AND OTHER USERS OF PUBLIC PROPERTY
Section 12.01 Powers of the City:
In addition to the City's power to buy, construct, lease, maintain, operate, and
regulate public utilities and other users of public prooef'ty,includinq, but noUimited
to users of the public riqhts-of-way,streets and utilitv easements, 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 Texas. Such!!ooWersforeaulatetheuseofpublic)property
facilitv owners cost for any City public works proiect to the fullest extent allowed the
City now and as may hereafter be permitted bv the Constitution and State law.
Section 12.02Power 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 aQreements as
riqhts~offWay,streetsandutilitveasernents, 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 12.03Grant 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 12.04Transfer 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 manner as to prevent the franchise holder from pledQinQ
Section 12.05Riqht of Requlation:
All grants, renewals, extensions, or amendments of public utility franchises and
consents and aqreements as to all other users of public property, includinq, but not
limited to users of the public riqhts-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 State law tl1E3ldwsoftheState ofTexa$.
(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 12.06Extensions:
Section 12.07Requlation 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 City 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. 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 12.08Public 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),
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 12.09Accounts of Municipallv Owned Utilities:
Accounts shall be kept for each public utility owned or operated by the City, in such
manner as to show the true and complete financial results of such City ownership
and operation, including all assets, appropriately subdivided into different classes,
all liabilities subdivided by classes, depreciation reserve, and surplus; also
revenues, operating expenses including depreciation, interest payments, rental and
other disposition of annual income. The accounts shall show the actual capital cost
to the City of each public utility owned, also the cost of all extensions, additions and
improvements and the source of the funds expended for such capital purposes.
They shall 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.
Section 12.10Sales 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, includinCl but not limited to cable
television services. telecommunications services. information services and other
electronicallv transmitted services, whether transmitted bv radio waves. liClht wave
or impulses, bv diqital 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 City Council
fillinq elective offices will continue to fill those offices for the terms shall serve until
appointive positions with the City which are retained under this Charter. may
continue to fill these positions for the term for which they were appointed. unless
removed by the City Councilor by other means provided for in this Charter.
C. Prior to the initial election of the City Council Person for Place 6. the
followina provisions shall apply:
procedures thereto a~, ~ermitted by the Charter dated December 7,
1995.
2) The Mavor shall vote onlv in case of a tie and to vote to remove the City
Manaqer.
3) Special meetinqs of the City Council may be held on the call of the
Mayor or three (3) members of the City Council,
4) No action shall be approved with less then three (3) affirmative votes of
the City Council. and
C. Conversion af the 3ccounting system from cash to 3n accrued c3sh basis
shall occur :::It the beginning of the first fiscal ye:::lr after employment of the City
Comment: Text added by staff for
Committee consideration for veto
clarification
M::moger.
Section 13.02 Officers and Emplovees:
A. Rights and Privileges Preserved. Nothing in this Charter except as
otherwise specifically provided shall effect or impair the rights or privileges of
persons who are City officers or employees at the time of its adoption.
B. Personnel System. An employee holding a City position at the time this
Charter takes full effect, who was serving in that same or a comparable position at
the time of its adoption, shall not be subject to competitive tests as a condition of
continuance in the same position but in all other respects shall be subject to the
personnel system.
Section 13.03Preservations 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 13.04Franchises:
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 13.05Charter Review Commission:
For a period of two (2) years, following adoption of this Charter, five (5) members of
this Charter Commission, appointed by the City Council, shall serve as a
CHARTER REVIEW COMMISSION in an advisory capacity as outlined below:
(a) Duties of the Commission:
1. Inquire into the operation of the City Government under the
Charter provisions and determine whether any such provisions require revision.
2. Propose any recommendations it may deem desirable to help
insure compliance with the provisions of the Charter.
3. Propose, if it deems desirable, amendments to this Charter to
improve the effective application of the Charter to current conditions.
4. Report its findings and present its proposed amendments, if any,
to the City Council.
(b) Action by the City 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
CiviL~tahJq~bf1fb)(~~.t~2o, as now or hereafter amended.
ORDINANCE 0-04-1491
AN ORDINANCE REPEALING ORDINANCE 0-02-1382, WHICH ESTABLISHED THE
COLLEYVILLE ETHICS CODE AND DISSOLVING THE ETHICS COMMISSION
WHEREAS, the City Council of the City of Colleyville deems that the ethics provisions, '
including the enforcement provisions relating thereto, contained in state
law do not need to be supplemented by a separate city ethics code; and
WHEREAS, the City Council of the City of Colleyville deems it is in the best interest of
the citizens of the City of Colleyville to repeal the Ethics Code and
dissolve the Ethics Commission heretofore established.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Ordinance 0-02-1382, which established a Colleyville Ethics Code,
is repealed in its entirety.
Sec. 2.
THAT the Ethics Commission of the City of Colleyville as established by
Ordinance 0-02-1382, is hereby dissolved.
AND SO IT IS ORDERED.
The first reading and public hearing being conducted on the
2004.
day of
The second reading and public hearing being conducted on the
2004.
day of
ATTEST:
ORDINANCE 0-02-1382
AN ORDINANCE ADOPTING AN ETHICS CODE, PROVIDING FOR A STATEMENT
OF POLICY AND CONSTRUCTION, ESTABLISHING DEFINITIONS, PROVIDING
STANDARDS OF CONDUCT, REQUIRING DISCLOSURES, ESTABLISHING AN
ETHICS COMMISSION, PROVIDING FOR LEGAL OPINIONS, ESTABLISHING A
PROCEDURE OF FILING A DISPOSITION OF COMPLAINTS, AND ESTABLISHING
A RANGE OF SANCTIONS
WHEREAS, the City Council of the City of Colleyville deems it is in the best interest of
the citizens of the City of Colleyville to establish an ethics code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT an ethics code providing as follows is hereby adopted:
"COLLEYVILLE ETHICS CODE
Statement of Policy and Construction
1. Officials of the City of Colleyville have a special responsibility to the
citizens of Co lIeyville. They should be dedicated to the highest ideals of honor and
integrity in all public and personal relationships. They should demonstrate a
commitment to the preservation of the values and integrity of local government, and a
dedication to effective, efficient government. In order to further these objectives, the
Colleyville Code of Ethics is adopted. The provisions of the Code of Ethics shall be
construed liberally to promote the foregoing policies.
2. As used in this Code of Ethics the following identified terms have the
stated meaning:
(a) "Business Day" means Monday through Friday, 8 a.m. to 5
p.m., excluding official City holidays
(b) "Effected" means reasonably likely to be subject to a direct
economic effect or consequence, either positive or negative, as a result of
a vote, decision or action by the City.
(c) "City" means the City of Colleyville.
(d) "Citv Official" means the following: Any member of the City
Council, including the Mayor, the City Manager, the City Attorney, the
Judge of the City's Municipal Court and any appointed member of a board,
commission, authority or committee set up by ordinance, the Charter, the
State Law or otherwise on a temporary or permanent basis, but not
Ordinance 0-02-1382
Page 2 of 9
members of a board, commission, authority or committee which functions
only in a advisory or study capacity and which has no discretionary,
government, quasi judicial or administration authority.
(e) "Clear and Convincina Evidence" means that measure or
degree of proof that produces in a person's mind a firm belief or conviction
as to the truth of the allegations sought to be established.
(f) "Comolainanf' means an individual affirmatively asserting a
violation of this code against another individual.
(g) "Decision" means a vote and any deliberation on any
ordinance, resolution, contract, franchise or other matter.
(h) "Discretionary Authority" means the power to exercise any
discretion in a decision or action.
(i) "Entity" means a sole proprietorship, partnership, limited
partnership, firm. corporation, professional corporation. holding company,
joint stock company, joint venture, receivership, trust, or any other entity
recognized by law through which business may be conducted.
m "Immediate Familv Member" means the spouse, parent,
parent-in-law, brother, brother-in-law, sister, sister-in-law, child, son-in-
law, daughter-in-law, or other person living in the same residential
dwelling unit of the person.
(k) "Just Cause" means such cause as is found to exist upon a
reasonable inquiry that would induce a reasonably intelligent and prudent
person to believe that a person has committed an act or acts.
(I) "Person" means an individual, proprietorship, partnership,
corporation, association, or other legal entity.
(m) "Respondent" means an individual against whom an alleged
violation of this code has been filed.
(n) "Substantial Interesf' means a person has a substantial
interest in an entity if they have a 10% or more ownership interest in the
entity, the value of the person's interest in the entity exceeds $15,000.00
or the person has received from the entity 10% or more of the person's
gross income for the preceding year. A person has a substantial interest
in real property if the person's interest exceeds a value of $2,500.00.
Ordinance 0-02-1382
Page 3 of 9
Standards of Conduct
3.1 No city official shall make a decision or exercise their discretionary
authority with regard to an entity or property in which he or she has a substantial
interest.
3.2 No city official shall grant in the discharge of his or her official duties any
improper favor, service or thing of value to any person or entity.
3.3 No city official shall make or permit the unauthorized use of city owned
vehicles, equipment, materials or property.
3.4 No city official or their immediate family members shall accept or solicit for
themselves any gift, favor, service or thing of value from any person or entity that is
seeking a decision or the exercise of discretionary authority from such official or from
the city council, commission or agency of which such official is a member. This
prohibition shall not apply to:
(a) a non-pecuniary gift, the value of which is $25.00 or less; or
(b) an award publicly presented in recognition of public service; or
(c) gifts from family members; or
(d) properly disclosed political contributions.
3.5 No city official shall disclose any information exempt for disclosure under
the Public Information Act (Tex. Gov't Code, chapter 552) gained by reason of their
position with the City concerning the property, operations, policies or affairs of the City,
or disclose or use such information to advance any personal interest, financial or
otherwise. This paragraph shall not preclude disclosure of such information in
connection with any investigation or proceeding regarding whether there has been a
violation of the standards of conduct set forth in this code.
3.6 No city official shall hold himself/herself out as representing the city in any
capacity other than that for which he/she was appointed or elected.
3.7 No city official shall grant any special consideration, treatment or
advantage to any person or entity beyond that which is available to every other person
or entity.
Ordinance 0-02-1382
Page 4 of 9
3.8 No city official shall use his or her position or city facilities, personnel,
equipment or supplies to secure special privileges or exemptions for himself/herself or
others or for the private gain of the city official.
3.9 No city official or their immediate family members shall acquire an interest
in any contract, transactions, zoning decision, or other matter or property at a time when
such official knew or had reason to believe that the decision would be effected by an
official act or action of the city.
3.10 No city official shall ask or direct another official to take action or to fail to
take action that violates this code.
3.11 City officials shall not use their position to solicit or accept employment for
themselves or their immediate family members with a person or business entity that is
seeking a decision on the exercise of discretionary authority from such official, or the
board, commission or agency of which such official is a member.
3.12 City officials shall disclose any interest in an entity or in real property in
accordance with this code, state law, or other City code or charter provisions.
3.13 City officials shall disclose any interest in an effected entity or in effected
real property held by them or their immediate family members if the official participates
in discussion with or gives an official opinion or recommendation to the city council or
any city board, commission or agency concerning the effected entity or effected real
property.
3.14 City officials shall disclose an offer of any business opportunity to the
official or their immediate family member by an effected entity.
3.15 It shall not be a violation of this code for a city official or their immediate
family members to contract with the city if the contract is awarded through a process of
public notice and competitive bidding, if such notice and competitive bidding are
required by state law; and the contract is with a division or agency over which the official
had no functions requiring the exercise of discretion.
Disclosures
4. Any city official, who becomes aware that a decision or exercise of
discretionary authority by the person would constitute a violation of the ethical standards
of conduct adopted in this code or by whom this code requires disclosure, shall promptly
file with the City Secretary a written statement of the conflict or make the disclosure by
completing the form established by the City Manager from time to time for reporting
such conflicts or disclosures.
Ordinance 0-02-1382
Page 5 of 9
Establishment of Ethics Commission
5.1 The Colleyville Ethics Commission is hereby established. The
Commission shall consist of six (6) members.
5.2 Members to the Colleyville Ethics Commission shall be appointed by
nomination and confirmation. Each member of the City Council, including the Mayor,
shall have the right to appoint one member to the Colleyville Ethics Commission.
Beginning with Place 1, a name will be placed in nomination for the Colleyville Ethics
Commission by the City Councilmember holding the Place 1 office. After nomination,
the person nominated must be confirmed by the City Council by simple majority. If the
name placed in nomination is not confirmed, then the process shall be repeated until
Place 1 has nominated a person who is confirmed by the City Council. Upon
confirmation by the City Council of a nominee by Place 1, the process will be repeated
for Places 2 through 5 and concluding with the Mayor.
5.3 The term of office of the members of the Ethics Commission shall run
concurrently with the elective term of office of the member of the City Council which
nominated them, regardless of whether or not the member of City Council who
nominated them completes their term of office. All members of the Ethics Commission
shall be residents of the City of Colleyville, current in payment of local taxes, utilities,
and not a party to litigation involving an adverse interest to the City.
5.4 Any member of the Ethics Commission may be removed with or without
cause by majority vote of the City Council. Upon removal or resignation by a member,
the replacement of the member shall be based upon nomination by the council place
which originally nominated the member and by confirmation by the City Council using
the same procedures set forth in section 5.2.
5.5 The Colleyville Ethics Commission will meet annually to review the City
Ethics Policy. The City Manager or Chairperson shall call additional meetings of the
Ethics Commission as required.
5.6 The Commission shall have the authority to investigate complaints and
recommend sanctions.
5.7 Four members of the Colleyville Ethics Commission shall constitute a
quorum.
5.8 Ex parte communications by or to members of the Commission shall be
prohibited. It shall be a violation of this code for the complainant, the respondent, or any
person acting on their behalf, to engage, attempt to engage, directly or indirectly, in any
ex parte communication about the subject matter of a complaint with a member of the
Commission. It shall be a violation of this code for a member of the Commission to
knowingly entertain an ex parte communication, directly or indirectly, with any person,
Ordinance 0-02-1382
Page 6 of 9
other than another Commission member, city staff, or legal counsel, about any issue of
fact or law relating to the complaint. It shall not be a violation for a member of the
Commission to communicate with the complainant, respondent, or any person acting on
their behalf; provided such communication is at the request and direction of the
Commission.
Legal Opinions
6.1 Any individual whose conduct is governed by this code shall have the right
to request from the City Attorney a legal opinion as to the application or effect of this
code upon any actual situation involving the requestor; provided said opinion must be
requested prior to the filing of any complaint arising out of the situation. Speculative or
advisory opinions shall not be requested. A request for a legal opinion shall be filed
with the City Secretary.
6.2 Upon filing of a request for a legal opinion with the City Secretary the
matter shall be referred to the City Attorney. The City Attorney shall render a legal
opinion within 15 business days of the date of the request. In preparing the legal
opinion, the requestor shall respond to request for information from the City Attorney's
office concerning the matter. In the event the requestor fails to respond, the City
Attorney may refrain from issuing a legal opinion.
6.3 A legal opinion shall be binding upon the individual requesting same until
amended or revoked. In the event a complaint is filed concerning the matter in which
the legal opinion was rendered, the opinion shall be binding upon the City except to the
extent the opinion was issued in bad faith or based upon material misrepresentations or
omissions by the requestor.
Filing and Disposition of Complaints
7.1 The City Manager shall be responsible for providing all forms applicable to
this ordinance. Any person may file a complaint with the City Secretary alleging a
violation of this code by any city official. A complaint must state (1) the identity of the
person or persons who allegedly committed the violation; (2) a statement of facts upon
which the complaint is based; (3) the specific section(s) of the code alleged to have
been violated; (4) that the complaining party has personal knowledge of the acts; (5) all
potential witnesses or persons with knowledge; and (6) all other sources of evidence, if
any, that the complainant desires to be considered by the Commission. In addition, the
complaint must be given under oath. The complaint shall be made on such form as the
City Manager may from time to time designate. A complaint must be filed within three
years of the date of occurrence of the incident, or within 90 days of the discovery by the
complainant of the incident, whichever is sooner.
7.2 The complaint shall be filed with the City Secretary. Upon filing of a
complaint in the form required by the code, the Colleyville Police Department will
deliver a copy of the complaint to the Respondent, the City Manager the City Attorney,
Ordinance 0-02-1382
Page 7 of 9
and the Chairperson of the Commission. The complaint shall be delivered within three
(3) business days of filing. The Respondent shall have the opportunity to submit a
sworn statement, together with such other information deemed to be relevant to the
proceedings within ten (10) business days of receiving the complaint, unless an
extension of time is granted by the Chairperson.
7.3 Upon receipt of a complaint, the City Manager shall convene a meeting of
the Ethics Commission no later than thirty (30) days after the deadline for any response
by the Respondent.
(a) At the initial meeting, the Commission shall conduct a
preliminary review of the complaint by reviewing the written documentation
submitted by the complainant and the respondent. Upon completing the
preliminary review the Commission may summarily dismiss the complaint
if it determines that just cause does not exist or if the Commission
determines the complaint is defective, untimely or the allegations in the
complaint fail to state a violation of the code. The Chairperson of the
Commission will submit written notification of dismissal to the City
Secretary. The Colleyville Police Department will deliver written notice of
the decision within ten (10) business days of the decision to dismiss the
complaint, to the Complainant, the Respondent, the City Manager and the
City Attorney. The written notification shall identify specifically the reasons
for the dismissal.
(b) If at least two members of the Commission determine just
cause exists and that the complaint is in proper form, timely and
adequately alleges a violation of the code, the Commission shall set a
time for the complaint to be heard and an evidentiary hearing held.
(c) The Chairperson of the Commission will submit written
notification of the evidentiary hearing to the City Secretary. The Colleyville
Police Department will deliver notice to the Complainant, the Respondent,
the City Manager and the City Attorney of the evidentiary hearing not less
than thirty (30) calendar days before the date of the hearing. The
complaint shall be heard within 45 calendar days of the date of the
preliminary review decision. The Commission may continue a hearing
date if necessary to promote justice.
(d) The affirmative vote of a majority of the Commission at any
evidentiary hearing shall be necessary to make any finding or
recommendation that a violation has occurred.
(e) At the hearing, the Commission shall receive evidence from
the Complainant and the Respondent. The Commission may request
information from the City Manager or the City staff. A finding that a
violation occurred must be supported by clear and convincing evidence.
Ordinance 0-02-1382
Page 8 of 9
(f) After the conclusion of the evidentiary hearing, the
Commission shall state its findings in writing. The written decision must
either: 1) dismiss the complaint, setting forth the grounds for dismissal in
the decision; or 2) find there has been a violation of the code. If a violation
of the code is found, the written decision shall identify the particular
provision or provisions which have been violated, and state the conduct
forming the basis of any such violations.
7.4 If the Commission determines a violation has occurred, the Chairperson of
the Commission will submit written notification of the findings and decision to the City
Secretary. The Colleyville Police Department will deliver written notification of the
findings and decision to the Complainant, the Respondent, the City Manager, and the
City Attorney. The City Secretary may make the findings and decision available to the
public as provided by law.
7.5 If a complaint is dismissed after the hearing because the evidence fails to
establish a violation of this code, the Commission shall not hear any other similar
complaint based upon substantially the same evidence.
7.6 If the Commission determines the code had been violated it shall
recommend as sanction or penalty in the event a violation is found, as follows:
(a) If the violator is the City Manager or an appointee of the
Council, the recommendation shall be directed to the City Council, and the
City Council shall have authority to determine the propriety and extent of
the sanction or penalty.
(b) In the event the violator is an elected city official, the matter
shall be placed on the agenda for the next regularly scheduled City
Council meeting, and the City Council shall either accept, reject or reduce
the recommended sanction or penalty.
Range of Sanctions and Penalties
8. Upon the finding of a violation of the code, the following sanctions and
penalties shall be recommended:
(a) When the violation is clearly minor and unintentional a letter
of notification shall be issued describing the violation and informing the
party of appropriate actions to be taken to avoid future violations.
(b) When a violation is minor and mayor may not have been
intentional, and the violation calls for a more substantial response then a
letter of notification, then a letter of admonition shall be issued.
Ordinance 0-02-1382
Page 9 of 9
(c) When the Ethics Commission find a violation has been
committed either intentionally or through disregard of the code or a legal
opinion issued by the City Attorney a letter of reprimand shall be issued.
(d) If the Ethics Commission finds that a serious or repeated
violation of the code has been committed by the City Manager or an
appointee of the Council, either intentionally or through reckless disregard
of the code, a recommendation of removal or suspension shall be made.
Recommendations of suspension shall include a suggested length of
suspension.
(e) If the Ethics Commission finds a serious or repeated
violation of the code has been committed by an elected official, either
intentionally or through reckless disregard of the code, a recommendation
to call for the resignation of the elected official shall be made.
Request for Information
9. The disclosure of any information regarding an alleged violation of this
code shall be in accordance with the Public Information Act and Open Meetings Act.
AND SO IT IS ORDERED.
The first reading and public hearing being conducted on the
of r~ 2002.
The s cond reading and public hearing being conducted on the
of -1tl/'h uct/j 2003.
I?' .>:{
day
7~
day
ATTEST:
o/k~
Cynthia Singleton, TRMC
City Secretary
~VE~~O FORM AND LEGALITY:
Ro::~e~ :;
City Attorney
I Complaint is filed with
City Secretary.
Within 3 business days of receipt, copies of the
Complaint shall be delivered to City Attorney,
City Manager. Ethics Chairperson, and
Respondent
Respondent shall have 10 business
days from receipt of the Complaint
to file a swom response.
PRELIMINARY REVIEW
Conducted to determine if just cause exists to move forward with hearing on Complaint, and if
Complaint is defective, untimely and or fails to state a violation of the code. An affirmative vote of
two members on a finding of just cause shall result in Complaint going to evidentiary hearing. The
hearing shall take place no later than 30 calendar days after any response is filed.
A written decision shall be delivered to the Complainant
and Respondent within 10 business days advising them
of the outcome of the Preliminary Review.
If just cause is found If no just cause is found
then an evidentiary then the Complaint is
hearing is set. dismissed.
Complainant and Respondent shall be
given at least 30 calendar days notice
before the Evidentiary Hearing.
I
EVIDENTIARY HEARING
Complainant and respondent present evidence and witnesses. Commission sets procedures and
parameters, including amount of live testimony and length of proceedings. Commission can
continue hearing if necessary. Texas Rules of Evidence do not apply. The hearing shall be held
within 45 calendar days of the Preliminary Review decision.
Within 10 business days of the conclusion of the
Evidentiary Hearing the Commission shall render a
written opinion to parties. City Attorney and City
Secretary.
I I
If a violation is found then Ilf no violation is found then the I
recommendations will be made to Complaint shall be dismissed.
City Council by the Commission.
CITY OF COLLEYVILLE
ETHICS COMMSSION
COMPLAINT FORM
NOTE: FILING A COMPLAINT THAT FALSELY ACCUSES SOMEONE OF A
VIOLATION OF THE ETHICS CODE MAY RESULT IN CRIMINAL PROSECUTION OF
ANYONE WHO KNOWINGLY MAKES A FALSE ACCUSATION.
PART A - COMPLAINANT INFORMATION
Print your full name (Identifies you as the Complainant)
Mr.lMrs.lMs.
Your residence address (Street, City, State and Zip Code)
Your residence telephone number (with Area Code)
Your business address (Street, City, State and Zip Code)
Your business telephone number (with Area Code)
PART B - COMPLAINANT DECLARATION
I declare I have a complaint against: Mr./Mrs.lMs.
Full name of person against whom you are bringing the allegation
The individual currently holds the following position with the City of Colleyville:
Check
One
o
o
o
Position
Mayor or City Councilmember
Board, Commission, or Committee
City Manager, City Attorney, or
Municipal Judge
Title
OFFICE OF CITY SECRETARY
Page 1 of 3
Individual's residence address (Street, City, State and Zip Code)
Individual's business address (Street, City, State and Zip Code)
PART C - DESCRIPTION OF COMPLAINT
Provide a statement of the facts, which your complaint is based. Describe the
events in the order in which they occurred. Keep dates of events in sequence.
Include full names, addresses and phone numbers of all individuals involved;
including any witnesses present when alleged violations took place. Be factual;
the information you provide in this statement must be based on facts and not on
personal conjecture. Answer the questions ''who, what, where, and when".
Attach additional pages if necessary.
Please check if additional page(s) are attached 0
PART D - CODE VIOLATIONS
List the sections and paragraphs of the Code of Ethics' provisions you believe
have been violated. Attach additional pages if necessary.
Please check if additional page(s) are attached 0
PART E - PERSONAL SOURCE OF EVIDENCE
Identify sources of evidence, if any, that you believe should be considered by the
Ethics Committee. Submit all information that you have; attach photocopies of
any pertinent papers or documents to support your allegation. Attach additional
pages if necessary.
Please check if additional page(s) are attached 0
OFFICE OF CITY SECRETARY
Page 2 of 3
I CERTIFY THAT I HAVE READ THIS COMPLAINT, I FULLY UNDERSTAND
ITS CONTENTS, AND I DECLARE UNDER PENALTY OF PERJURY UNDER
THE LAWS OF THE STATE OF TEXAS, THAT THE FORGOING
STATEMENTS AND PHOTOCOPIES OF ATTACHED DOCUMENTS ARE
TRUE AND CORRECT.
Full Name (print)
Signature
Date
Before me the undersigned authority, on this day, personally appeared,
J known to me to be the person whose
name is subscribed hereto, and being duly sworn, stated that he/she has
personal knowledge of the facts hereinabove and that such facts are to his/her
knowledge true and correct.
Notary Public
<NOTARY SEAL>
County, Texas
My Commission expires:
Upon completion of ALL sections of the Complaint Form, please hand deliver or send by certified
mail with any attachments to:
Office of the City Secretary
City of Colleyville
5600 Bransford Road
Post Office Box 185
COlleyville, Texas 76034
OFFICE OF CITY SECRETARY
Page 3 of 3
DELIVERY NOTICE
City Secretary's Office
City of Colleyville
_Notice of Complaint
_Notice of Dismissal of Complaint
_Notice of Evidentiary Hearing
_Notice of Opinion
Colleyville Police Officer
day of
, 2003, at
o'clock
received from City Secretary on the
m.
DELIVER TO:
Respondent Name:
Address:
Home Telephone Number
Received by:
2003, at
on the
day of
Respondent Signature
o'clock _m. Attempted delivery dates:
Complainant Name:
Address:
Home Telephone Number
Received by:
on the
day of
2003, at
Complainant Signature
o'clock _m. Attempted delivery dates:
Bill Lindley, City Manager
5400 Bransford Road - Colleyville, Texas
(817) 577-7575
Received by:
on the
day of
2003, at
Signature
o'clock _m. Attempted delivery dates:
Ross Foster, City Attorney
9001 Airport Freeway, Suite 675 - Fort Worth, Texas
(817) 788-1111
Received by:
2003, at
on the
day of
Signature
o'clock _m. Attempted delivery dates:
Ethics Commission Chairperson
Colleyville, Texas
Received by:
2003, at
on the
day of
Signature
o'clock _m. Attempted delivery dates:
RESOLUTION R-03-2268
A RESOLUTION AMENDING RESOLUTION R-95-1122, WHICH ADOPTED RULES
OF PROCEDURES FOR COUNCIL MEETINGS PURSUANT TO AUTHORITY
GRANTED IN SECTION 3.09d OF THE CITY CHARTER, PROVIDING A CHANGE
TO SECTION 5.1, PARAGRAPH B, REGARDING MEMBERS PRESENTING
SUBJECTS FOR COUNCIL CONSIDERATION
WHEREAS, the City Council has determined it is in its best interest to amend the
Rules of Procedure for Council meetings to provide for a change
regarding the Council Members presenting subjects for Council
consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Section 5.1, Paragraph B of Resolution R-95-1122 be amended to
read:
B. Any member desiring to present a subject for City Council
consideration shall advise the City Manager of the fact not later
than 4:30 p.m. on Wednesday preceding regular City Council
meetings. Subject matter will be accompanied by a summary
regarding the purpose for the inclusion of this subject on the
agenda.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF 1- AYES, -L NAYS AND ~ABSTENTIONS ON
THIS THE /BIIIDAYOF 7nr~~.J2003.
,
A?1~~r
Cynthia Singleton, TRMC
City Secretary
RESOLUTION R-03-2188
A RESOLUTION AMENDING RESOLUTION R-OO-1647 CHANGING THE DAY OF
THE FIRST REGULAR COUNCIL MEETING IN NOVEMBER
WHEREAS, regular City Council meetings are held on the first and third Tuesdays of
each month; and
WHEREAS, elections are usually held annually in City Hall on the first Tuesday
following the first Monday of each November; and
WHEREAS, in 2003, the election will be held on Saturday, September 13.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the first regular City Council meeting in November 2003 will be
held November 4.
Sec. 2.
THAT the first Council meeting in November will revert to the first
Wednesday following the first Monday in subsequent years to
accommodate the annual election.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF ..5 AYES,
ABSTENTIONS ON THIS THE AS~ DAY OF
o NAYS
I.~
a
2003.
AND
~~CZfjy~
Cynthia Singleton, TRMC
City Secretary
il
RESOLUTION R-99-1508
A RESOLUTION ESTABLISHING CITY COUNCIL
COMMITMENT TO THE SPIRIT AND LETTER OF
THE LAW CONCERNING THE TEXAS OPEN
MEETINGS ACT
WHEREAS, the Colleyville City Council regularly meets in executive session from
which the public is excluded, as specifically authorized and defined
under the Texas Open Meetings Act; and
i WHEREAS,
II
II
I.
: I WHEREAS,
II
i
I
I
I
I
I
I
I
II NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
II'
I Sec. 1.
,I
II
I
I
i
i
I Sec. 2.
II
I
i
I
I
I
I
II
II
II
II
._---~----_._-----_..~'----~--"----_._---
the Texas Open Meetings Act and/or the Open Records Act do not,
as a general matter, give any individual a "special right of access" to
information concerning that individual if the information is not
otherwise public information; and
matters discussed in executive session are confidential and the
selected disclosure of such confidential matters at an inappropriate
time could be detrimental to the City and its citizens; and
WHEREAS, the City Council desires to protect the interest of the City and its
citizens and to facilitate the discussion in executive sessions
necessary to conduct the City's business:
THAT all matters discussed in executive session, as authorized by
the Texas Open Meetings Act, may be deemed confidential and, by
law, participants authorized to attend executive sessions are not
required to make public disclosure concerning the matters discussed
in executive session.
THAT it shall be the policy of the Colleyville City Council, that
individual Council members, and others who are authorized to attend
executive sessions, shall not make selective disclosure of confidential
matters, where the disclosure of the information has not been
released to the general public and/or where such disclosure provides
an unfair advantage to the recipient or 'NOuld be detrimental to the
City and its citizens.
I
I
J
Ii
I
I
i
AND IT IS SO RESOLVED.
Pas~id by a voteJ)f 4 ayes, /
/~-Ijt day of fl1a V , 1999.
. /
ATTEST: tJ~
~TRMC' CMC
City Secretary
I
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---~--- ------------------ --.
Resolution R-99-1508
Page 2 of 2
nays, and IJ abstentions on this the
CITY OF COllE-;;llE)
D& Vff
Mayor
RESOLUTION R-95-1122
A RESOLUTION AMENDING R-90-612, WHICH ADOPTED RULES
OF PROCEDURE FOR COUNCIL MEETINGS PURSUANT TO
AUTHORITY GRANTED IN SECTION 3.090 OF THE CITY
CHARTER, PROVIDING A CHANGE TO SECTION 5.1,
PARAGRAPH B, REGARDING COUNCIL MEMBERS
PRESENTING SUBJECTS FOR COUNCIL CONSIDERATION
WHEREAS, the City Council has determined it is in their best interest to amend
the Rules of Procedure for Council meetings to provide for a change
regarding the Council Members presenting subjects for Council
consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT Section 5.1, Paragraph B of Resolution R-90-612 be amended
to read:
B. Any member desiring to present a subject for City Council
consideration shall advise the City Manager of the fact not
later than 4:30 p.m., on Wednesday preceding regular City
Council meetings. Subject matter will be accompanied by the
agreement of at least one other Council member to place an
item on the agenda and a summary regarding the purpose for
the inclusion of this subject on the agenda in addition to
supporting comments regarding said subject.
AND IT IS SO RESOLVED.
Pa~sff by a vote of _ L ayes, 0 nays, and 0
~ __ day of ~~ ,1995.
abstentions, on this
ATTEST:
~~
City Secretary
CITY OF COLLEYVILLE
~J~
Ed Baker
Mayor
1
2
3
4
5
6
10
11
12
13
14
15
16
17
RESOLUTION R-91-654
A RESOLUTION AMENDING RESOLUTION R-91-612 WHICH ADOPTED RULES OF
PROCEDURE FOR COUNCIL MEETINGS PURSUANT TO AUTHORITY GRANTED IN
SECTION 3.090 OF THE CITY CHARTER, ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the city Council has determined it is in their best
interest to amend the Rules of procedures for council
meetings;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS THAT:
Sec. 1. THAT Section III. 3.1 Reaular Meetinas be amended to
read as follows: The City council shall meet in the city
Hall on the first and third Tuesday of each month at
6:15 p.m. unless otherwise officially established by the
council. The Council shall take a vote at 12:00 a.m. on
whether or not to continue a meeting for additional time
if further items are on the agenda and have not been
considered. The call for and conduct of all meetings of
the city council, both regular and special as provided in
section 3.2 hereof shall be in accordance with Article
6252-17, Vernon's Annotated Civil statues, known as the
Texas open Meeting Act.
THAT section V. 5.1.B. be amended to read as follows:
B. Any member desiring to present a subject for city
council consideration shall advise the city
Secretary's Office of the fact not later than 4:30
p.m. on Wednesday preceding regular city Council
meetings. subject matter will be accompanied by a
summary regarding the purpose for the inclusion of
this subject on the agenda in addition to
supporting comments regarding said subject.
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Sec. 2.
Sec. 2.
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THAT Section V. 5.1.E. PreDaration of Aaenda be amended
to reflect the change in the order of the agenda items as
follows:
1. Call to Order (6:15 p.m.)
2. Invocation
3. Pledge of Allegiance
4. Approval of Minutes of previous meeting(s)
5. Executive Session and/or Work Session (6:30 - 7:30
p.m.)
6. correspondence
7. Miscellaneous Reports of Meetings Attended by the
council and city Officials
8. Announcements, Proclamations, Presentations
9. Consent Items
10. public Hearings
___________.__ _..,._ _.___._,_.._._....._.._.,~_,.__ _,._ ".. _ .._..__-.-----.-.--. ____.._..~.~.___m--....__.--.
RESOLUTION R-91-BS4
Page 2
1
2
11. Action Items
12. staff Reports
13. Reports of Advisory Boards and Commissions (to
Include Monthly status Reports on all
Project/Development Committees currently operating
in writing)
14. City Manager's Report and Budget Report
15. citizen Comments/Presentation regarding items NOT
on the agenda
16. Miscellaneous Items by the Council
17. Resolution Approving Council Action not otherwise
Approved
18. Adjournment
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Sec. 3.
THAT the amendments to Resolution R-90-6l2 becomes
effective after the meeting adopting Resolution R-91-564.
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9
Passed by a vote of
1991.
,1 to 0
on this the 22nd day of January,
10
CITY OF COLLEYVILLE
11
~~-
CHRIS HAWKINS
Mayor
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13
A'l'TEST,: .. _ /
~()Lckf~~ '-'
LaVada Johnson
City Secretary
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1
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RESOLUTION R-90-612
3
A RESOLUTION ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS
PURSUANT TO AUTHORITY GRANTED IN SECTION 3.09B OF THE CITY
CHARTER, ESTABLISHING AN EFFECTIVE DATE
4
5
WHEREAS, the City Charter of the City of Colleyville authorizes
the City Council to determine its own rules and order
of business; and
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7
WHEREAS, the City Council has been elected by the Public to
represent all the citizens on their behalf; and
8
WHEREAS,
orderly Council meetings providing
and citizen input; foster good
the democratic process; and
reasonable
government;
Council
honor
9
10
WHEREAS,
perspective
beyond the
of public
unlimited discussion and input can project a
inconsistent with the majority will and
right of the minority regarding matters
policy; and
11
12 WHEREAS, Public input and comment was obtained by public hearing
prior to the passage hereof:
13
NOW J THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS THAT;
SECTION I.
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15
AUTHORITY
16
Section 3.09B of the Charter of the City of Colleyvill
provides that "the Council shall determine its own rules and
order of business...". Further, Section 2.01 of such Charter
provides that the City "may exercise all powers that are now
or hereafter may be granted to municipalities by the Constitution
or the laws of the State of Texas". In order to provide the
framework for the execution of these powers and authority the
following set of rules shall be in effect upon their adoption
by the Ci ty Council and until such times as they are amended
or new rules adopted in the manner provided for by these rules.
SECTION II.
GENERAL RULES
2.1 Meetin~s to be Public.
Council shall be open to the public.
All meetings of the City
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Resolution R-90-612
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2.2 Quorum. Four members of the City Council shall
3 constitute a quorum.
4
Meetings. An account of all proceedings
be kept by the City Secretary and shall
consti tuting the official record of the
5
2.3 Minutes of
of the Council shall
be entered in a book
City Council.
2.4 Questions to Contain One Subject. All questions
submi tted for a vote shall contain only one subject. If two
or more points are involved, any Council member ("member"
hereafter) may require a division, if the question reasonably
admi ts of a division. Di vision shall be required only on the
affirmative vote of three (3) members. If no division is so
requested and approved, or the questions do not reasonably admit
of a division, the question shall be submitted as originally
framed.
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2.5 City Manager. The City Manager shall attend
City Council meetings unless expressly excused. He may
recommendations to the City Council and take part in
discussions of the Council, but shall have no vote.
all
make
all
12
2.6 City Attorney. The City Attorney shall attend all
13 regular meetings of the City Council unless expressly excused
and shall upon request give an opinion, either written or oral,
14 on questions of law. The City Attorney shall act as the City
Council's Parliamentarian.
15 2.7 City Secretary. The City Secretary shall attend
all meetings of the City Council unless expressly excused, and
16 shall keep the official minutes and perform such other duties
as may be requested by the Council.
17
2.8 Officers and Employees. Any officer or employee
of the Ci ty, when requested by the City Manager or the City
Council, shall attend any meeting of the City Council. If
requested to do so by the City Manager, such officer or employee
may present information relating to matters before the City
Council.
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19
2.9 Rules of Order. Roberts Rules of Order Revised shall
govern the proceedings of the City Council in all cases unless
they are in conflict with these rules. The commonly used
procedures identified in Exhibit "A" attached hereto shall be
honored.
2.10 Suspension of Rules. Any provisions of these rules
not governed by State law, the City Charter, or City Code may
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Resolution R-90-612
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be temporarily suspended by a majority vote of all members present
and voting.
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SECTION III.
TYPES OF MEETINGS
5
3.1 Regular Meetings. The City Council shall meet in
the City Hall on the first and third Tuesday of each month at
6: 30 p. m. unless otherwise officially established by the Ci ty
Council. The call for and conduct of all meetings of the Ci ty
Council, both regular and special as provided in Section 3.2
hereof shall be in accordance with Article 6252-17, Vernon's
Annotated Civil Statutes, known as the Texas Open Meeting Act.
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3.2 Special Meetings. Special meetings may be called
by the Mayor or any three (3) members. The call for a special
meeting shall be documented and filed wi th the City Secretary
in wri tten form, except that announcement of a special meeting,
during any regular meeting at which all members are present,
shall be sufficient notice of such special meeting. The call
for a special meeting shall specify the day and the hour of
the special meeting, and shall list the subject or subjects
to be considered. No special meeting shall be held until at
least two (2) hours after the call is issued and the notice
thereof is posted.
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3.3 Recessed Meetings. Any meeting of the Ci ty Council
may be recessed to a later time provided that no recess shall
be for a longer period than until the next regUlarly scheduled
City Council meeting.
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3.4 Workshop Meetings. Workshop meetings may be called
by the Mayor or any three ( 3) Counci 1 members for the purpose
of discussing in depth , investigating or exploring matters of
interest to the City, without formal action being taken thereon
by the City Council. The time, place, and purpose of such
workshop meeting shall be stated in a notice complying wi th the
Texas Open Meeting Act. Such workshop meetings may be held
in any appropriate location outside the City Hall upon concurrence
by any three (3) members. Such workshop meetings may incI ude,
but shall not be limited to, meetings with neighboring
governmental bodies or agencies, meetings with one of the City's
appointed Boards or Committees, meeting with civic organizations
or a meeting for members to research, evaluate, explore,
investigate or discuss any matter of interest or possible action
affecting the City, subject to compliance wi th the provisions
of the Texas Open Meeting act. The Ci ty Council may establish
regular workshop meetings immediately prior to regular Tuesday
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Page 3
Resolution R-90-612
1
2
meetings. No official action shall be taken at any workshop
3 meeting, unless a regular or special meeting is called as provided
for in these Rules.
4
SECTION IV.
5
CONDUCT OF MEETINGS
6
Presiding Officer. The Mayor, if present, shall
as Chairman at all meetings of the Council. In the
of the Mayor, the Mayor Pro Tern shall preside. In the
of both Mayor and Mayor Pro Tern, the City Council shall
Chairman.
7
4.1
preside
absence
absence
elect a
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4.2 Call to Order. The meetings of the City Council
shall be called to order by the Mayor, or in his absence, by
the Mayor Pro Tern. In the absence of both Mayor and Mayor Pro
Tern, the meeting shall be called to order by the City Secretary.
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4.3 Preservation of Order.
order and decorum, prevent clash of
of members' motives to occur and
the question under discussion.
The Chai rman shall preserve
personalities or the impugning
confine members in debate to
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13
4.4 Points of Order. The Chairman shall determine all
points of order, subject to the right of any member to appeal
to the City Council. If any appeal is taken, the question
shall be "Shall the decision of the Chairman be sustained?"
14
15 4.5 Questions to be Stated. The Chairman shall state
all questions submitted for a vote and announce the result.
16
4.6 Substitution for Chairman. The Chairman may call
the Mayor Pro Tern, or in his absence, any other member to take
his place in the chair, such substitutions not to continue beyond
adjournment.
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18
SECTION V.
19
AGENDA
20
5.1 Preparation of Agenda.
21
A. The order of business of each meeting shall
be as contained in the City Council agenda prepared by
the Ci ty Manager. The agenda shall be a listing by topic
of subjects to be considered by the City Council, and,
in the case of regular meetings, shall be delivered to
members of the City Council each Friday preceding the Tuesday
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Page 4
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Resolution R-90-612
1
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evening meeting to which it pertains.
4
B. Any member desiring to present a subject
Council consideration shall advise the City
office of the fact not later than 4:30 p.m.
preceding regular City Council meetings.
5
for City
Secretary's
on Wednesday
6
C. Items Omitted from A~enda. Any item not
appearing on the agenda shall not be taken up for discussion
as a matter of Council business during a regular meeting
unleE;s it is of an eu:ergency nature and comer. to the City's
attention too late to apI'ear on the ag(~nda. Such sp€.cial,
urgent or emergenq- issues sha] I be posted iD compliance
wi th the Texa~: Open Meeting Act and the City Charter and
may be addE.!d as a suppleu:ental item to the regular agenda.
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D. Any member of the City staff desiring to
ha ve an item placed on the agenda shall submi t the samE
to the City Manager's office for approval. The City Manager
may establish procedures for' submission of routine items
without his approval.
E. In arranging the agenda, the City Manager
shall consider those items affecting the largest number
of ci tizens likely to attend and shall recognize the need
to serve citizens in attendance as soon as possible. To
facilitate this concern the following guidelines shall
be used for the preparation of the agenda, with the provision
that the agenda arrangement may be modified from time to
time where practical considerations indicate. During any
meeting of the City Council, the order of the agenda may,
by majority will, be rearranged as need or desired to
accomplish the meeting's purpose.
1. Call to Order
2. Invocation
3. Pledge of Allegiance
4. Approval of Minutes of previous meeting(s)
5. Announcements, Proclamation, Presentations
6. Consent Items
7. Public Hearings
8. Action Items (generally, old business first,
new business second)
9. Reports of Advisory Boards and Commissions
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Resolution R-90-612
10. Items from Council not Requiring Action
11. Staff Reports
12. City Comments/Presentation Regarding Items
not on Agenda
13. General Resolution Approving Council Action
not otherwise Approved by Specific Ordinance
or Resolution
14. Adjournment
F. The City Manager shall provide the City Council
with a written analysis of and recommendation of items
to be acted on by the City Council at its meetings. These
communications shall be generally referred to as agenda
packets. The agenda packets for all regular meetings shall
be completed by the staff on Friday preceding the regular
meetings and shall be delivered to members each Friday
preceding the Tuesday regular meeting to which it pertains,
unless an emergency condition makes it necessary to deliver
the communication on a subsequent day.
G. The City Secretary shall issue to the pertinent
members of the news media a copy of the agenda in advance
of the Tuesday regular meetings with due consideration
being given to the desire of the Council for notice and
such public news media of Council meetings on or before
the day before the scheduled meeting. The City Secretary
shall post notices of all Council meetings in order to
afford compliance with the Texas Open Meeting Act.
5.2 Consent Agenda. In preparing the agenda, the City
Manager shall give consideration to the number and degree of
complexi ty of items to be considered by the City Council for
the purpose of conserving the Council's time in meetings. Items
which are anticipated to be routine and require little or no
consideration by the Council shall be designated by an asterisk,
and shall be considered as a part of the "Consent Agenda".
Prior to taking up the Consent Agenda, the Mayor shall determine
if there are any items thereon which should be removed from
the Consent Agenda for discussion. Any Council member may,
upon request, remove any item from the Consent Agenda for
discussion and individual action. Thereafter, all remaining
Consent Agenda items may be acted upon by a single motion
approving the Consent Agenda.
5.3 Oral Presentations bv City Mana~er. Matters requ1r1ng
the Council's attention or action which may have developed since
Page 6
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Resolution R-90-612
4
the deadline for delivery of the agenda packets may, upon approval
of the Ci ty Council, and after satisfying the requirements of
the Open Meetings Act, be presented orally by the City Manager.
5
5.4 City Presentations.
Presentation by citizens must be confined to the
subject immediately before the assembly and any questions
will be directed to the Chair. No person shall speak more
than the time limits provided herein on any subject. That
privilege shall not be accorded unless there is an exception
supported by two-thirds (2/3) of the Council. The Chair
shall not be obligated to recognize a speaker for a second
comment on a subject until all others have spoken and there
is unused time available.
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A. Any person desiring to present a subject fo
Ci ty Council consideration shall advise the City Manager I s
office of the fact not later than 4:30 p.m., on Tuesday
preceding the meeting at which he wishes to have the subject
to be considered. Said person shall make himself available
for a conference with the City Manager at the Manager's
request at some time prior to said Council meeting.
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B. At the end of the each agenda any person who
has not been listed on the agenda as provided under 5.4 A
above, but who desires to speak at a Council meeting will
be recognized by the Mayor and allowed to speak provided
said person completes a form furnished inquiring as to
name, address and topic prior to commencement of the meeting.
(Summary of procedures and rules for speaking to be printed
on the back of the form for anyone to speak, except
applicants on public hearing items.)
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C. Presentation by citizens shall be limited to
a time period of not more than five (5) minutes wi th two
(2) additional minutes to wrap up at the option of the
Chairman or the Council for each speaker. Any time spent
by City Council members will not be counted against the
citizen's time allotment.
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D. These rules shall not apply to anyone appearing
at a public hearing in response to official notice.
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5.5
Citizen Participation at Meetings.
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A. Citizens wishing to speak in connection with
any matter not encompassed in Section 5.4 above, including
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IReSolution R-90-6l2
1
2
public hearings on ordinances and
allowed to speak provided prior to
the item said person completes and
Secretary a form furnished inquiring
and topic. A person who has not
prior to discussing of the item on
allowed to speak.
but not limited to,
resolutions, shall be
the consideration of
deli vers to the City
as to name, address
completed such a form
the agenda shall not be
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4
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6
B. To maintain decorum the presiding officer shall
recognize persons who have completed forms indicating a
desire to address the Council.
7
C. As a general rule, citizens may not participate
in discussions of the Council except when recognized by
the presiding officer and during citizen presentations,
public hearings and as otherwise provided for in these
rules.
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SECTION VI.
11
DECORUM AND DEBATE
12
6.1 When a measure is presented for consideration t
to the Council, the presiding officer shall recognize the
appropriate Councilmember to present the case. When two or
more members wish to speak, the presiding officer shall name
the member who is to speak first. No member to the Council
shall interrupt another while speaking except to make a point
of order or to make a point of personal privilege. No
Councilmember shall speak more than five (5) minutes on any
amendment to the question except as further provided in this
section.
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6.2 No member shall speak more than the time limits
provided herein on any subject or amendment, and such member
may use his/her time in any combination, in separate speech
or comments totaling the number of minutes permitted. The Mayor
shall not be obligated to recognize any Councilmember for a
second comment on the subject or amendment until every
Councilmember wishing to speak has been allowed a first comment.
Councilmembers shall also have the right to yield a portion
of time to another member.
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6.3 Any member deciding to speak more than ten (10) minutes
on any question or more than five (5) minutes on any amendment
to the questions shall be accorded the privilege unless there
is an objection supported by two-thirds (2/3) of the Council.
No member shall be permitted to interrupt while another member
is speaking.
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Resolution R-90-612
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6.4 Questions to the Council with request for an immediate
answer from speakers except the applicants and persons
representing applicants on platting or zoning cases shall be
prohibited.
Council members questions to speakers should be to specific
indi viduals and the Chair should explain to those individuals
beforehand that they may come to the podium and answer if they
choose to; but, they cannot offer additional unsolicited input
or engage in question and answer sessions with Council members.
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6
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6.5 Right of Floor. Any member desiring to speak shall
be recognized by the Chairman, and shall confine his remarks
to the subject under discussion or to be discussed. No member
shall be allowed to speak more than once on anyone subject
until every member wishing to speak shall have spoken.
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6.6 No Councilmember shall be permitted to indulge in
personali ties, use language personally offensive, impugn motives
of members, charge deliberate misrepresentation, or use language
tending to hold a member of the City Council, the public or
City staff up to contempt.
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6.7 Likewise, the Presiding Officer shall not permit
unrecognized speaker's comments or allow a member of the audience
to indulge in personalities, use language tending to hold a
member of the City Council, the public or City staff up to
contempt.
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6.8 I f a member is speaking or otherwise transgressing
the rules of the Council, the presiding officer shall or any
Councilmember may call him/her to order in which case he/she
shall immediately be quiet unless permitted to explain. The
Council shall, if appealed to, decide the case without debate.
I f the decisions is in favor of the member called to order,
he/she shall be at liberty to proceed, but not otherwise, and
if the case occurs he/she shall be liable to censure or such
punishment as the Council deem proper consistent with City
Ordinances and Charter.
16
6.9 Any member of the public who shall disrupt the Council
proceedings or disregard the Presiding Officer shall first be
warned of such offense and be requested that they refrain from
disrupting the proceedings and/or disregarding the instructions
of the Chair. Any member of the public failing to honor the
first warning for the Chair for order, shall receive a second
and final warning prior to expulsion and/or citation for
disturbing a public meeting pursuant to Section 42.05 of the
Texas Penal Code, Disrupting Meeting or Procession (a Class
liB" Misdemeanor).
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Resolution R-90-612
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Where the Chair fails to maintain order and decorum, the
Councilmembers may compel the Chair to enforce this provision
following due parliamentary procedure which affirms such
compulsion by a majority vote of the Councilmembers.
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4
SECTION VII.
5
PROCEDURES FOR COUNCIL APPOINTMENTS
6
The following procedures are for making appointments to comrrittees
and commissions established by ordinance. Appointments to ad
hoc committees and task forces established by resolution should
not necessarily be bound by the same procedures, but may be
done in a manner appropriate to the si tuation as deemed proper
by the City Council and Mayor. Council shall set the quorum
for a committee. The Council shall vote whether the committee
selection will be handled by the rules of procedures or by slate.
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7.1 Announce the position(s) to be filled. In the
announcement define the duties of the posi tion(s), define the
term of the posi tion and request that applications be formally
submitted to the City Council by a specific deadline. The
deadline should be at least one month prior to the appointment
date of the position to be filled. This announcement should
be made at least one month prior to the deadline for submission
of applications and should be placed in the local newspaper,
posted at City Hall and placed in the Colleyville Communicator
(if timely).
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7.2 At the first City Council meeting after deadline
for application submission, invite the candidates for interviews
with the Council which may be in Executive Session.
7.3 The candidates will be selected to fill the open
17 posi tions no later than the second Council meeting after the
deadline for application submission in the following manner:
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A. If more than one position is to be filled, handle
the appointment for each position individually in the order
selected by the Mayor as follows:
B. For the first posi tion. the Mayor should request
a verbal nomination from each Councilmember individually,
and then make one verbal nomination himself. A maximum
of one nomination may be made by each Councilmember or
the Mayor. A Councilmember or the Mayor may elect not
make a nomination if previous nominations are acceptable.
C. After each Councilmember has had an opportunity
to make a nomination or defer to make a nomination, the
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Resolution R-90-612
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Mayor will take a vote on the slate of nominees by asking
each Counci lmember to state the name of the nominee that
the Councilmember votes to appoint to the posi tion under
consideration.
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5
D. The nominee receiving the majority of the votes
is declared the winner and will be appointed to fill the
vacant position. In the event of a tie, the nominees
involved in the tie are considered the new slate of nominees
and the vote is taken again in the same manner. In the
event of the second tie, the Mayor will cast the deciding
vote.
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8
E.
for the next
are filled.
Go back to step b) and repeat the process
position to be filled until all positions
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SECTION VIII.
11
REPEAL
12
This Resolution repeals previous Rules and Procedure and
becomes effective after the meeting adopting Resolution R-90-612.
13
.s- to D
on this the 17th day of July.
14
Passed by a vote of
1990.
15
CITY OF COLLEYVILLE
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ATTEST.
;uQi2~
LaVada Johnson
City Secretary
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L/DD/5
Page 11
EXltlUlT A.
1t(~OLUTlUlt f(- ff.- 3f7
!lASIC CllAlH OF HUTlCHS
RfCOH- INTER-
SECOND U(UATE AItfHQ VOTE SlUCK IlUl'lS
PRIVIL.EGED MOTlONS(high privHtlge lnotions)
Fix a tillle to which to aujourn................
Adjourn. " '" . . . . . . . . . . . . . . ... . . . .. . . .. . . . ....
Recess. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Raise a questioll of privill:ge.................
Ciall fur onJl!rs or ttll' (l4y....................
(Takes a 2/3 lIugilt iv.: vote to preVllllt rl.:tuI'II)
SUBSIDIARY HOTlOHS(il$Si5t1ng ulOtiolls)
Lay of the tilble..............................
Previous question (close debate)..............
Limit or extend debate................... .....
Postpone to 01 set tillli! (definite).............
(To ~ake Special Ord~r 2/3 vot~)
CuulA1 t (refl!r to a COlll1l1 ttl.!e). . . . . . . . . . . . . ... .
AII~nd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pos t pOliO ; nue fin i te 1 y. . . .. . . . . .. . . . . .. . . . . . .. .
MAIN (or Principal) MOTION OR RESOLUTION
Note: The above 1II0tions hold the rank
indicated with the ulain nlUtiun
lowest In rilnk.
RESTORATORY MOTIONS (Plllio IIlQtions)
Rccons i de r (thl! VO tC! ) . . . . . . . . . . . . . . . . . . . . . . . . .
Resc i lid (repo.al)..............................
Rat i fy(approvt:). . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .
Take f"UDI the table...........................
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usually a speaker with consent
(*) indicates there are one or more exceptions
but these can be considered minor as basically
the rule indicated applies.
(--) indicates a -lIno" 'under that 'particular
heading.
"Ch." Chair decides or rules
Any Counci lmember may call for the question on any issue. and
upon seconding by another Couneilmember, the issue shall
irrmediate 1y be put to vote. Thi s shall be done by the member
calling for the previous question. Passage of the motion to
address the previous question shall tenminate debate on the
motion. amendment or amend motion. and the matter shall be acted
on illl1ledhtely.
The Counei 1 may agree to 1 imit debate on any business before
;to That agreement may be formalized by a majority vote of
the Council.
The presiding officer shall not entertain any dilatory motions.
SPECIAL MAIN MOTIONS
By-Laws (~~ndlng or r~vising}.... ......... ...
I\cceptlng or iuJo~tin9 n:llu1.tS uf t01l1ll1 ttl:I.!S...
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INCIDE/HAL MOTlOHS( incidental to the: Jll:lldinlJ
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Ol:lIli1nds ur Requests (decided by thc: Chilir)
Po i nt of Ordl:!r.............. . . . . . . . . . . . . . . . . . .
Parlialllentary Inqui ry. . ... . . ... . . . . . . . .. . . . . . .
Miscellilnlfou$ Infonlltltion or RC4lU.:Stli.........
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Withdraw;a MotiulI (1I)' ItMltion S.H.lt-II).........
Question Quorulll...............................
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OBJECTIONS
Objection to General Consent..................
Object to Consider~tion of a Question.........
Appeal dl:ctsioll of till: Chia;r..................
R~ilding Polpel's-Objuct tu......................
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Suspend Rules.................................
Choose Method of Voting.......................
Clo$e Nouliniltlons or Polls....................
Reop.n Nominat ions or Polls...................
Division of Question or Motion................
Consideration by Pilrilgraph-Ser1atilll...........
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Fi J II ng blanks................................
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under Amend indiciltcs only two iaUlClldllll.!nts CAn be pending at one th~.
(MiIjority ur "2/3" indiciltt!s vote rc:qui rc:d
thdt vote 011 IIlOtiun "101)' bl: rl:considure" -- if foJ luwl:d by an "II" onJy
lIeljiativc: vote ilnd if by i1n "a" ollly the: ",.firllliltlvt: vut.:.
indicates ..y interrupt iI spc:akc:r
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RESOLUTION R-91-654
A RESOLUTION AMENDING RESOLUTION R-91-612 WHICH ADOPTED RULES OF
PROCEDURE FOR COUNCIL MEETINGS PURSUANT TO AUTHORITY GRANTED IN
SECTION 3.090 OF THE CITY CHARTER, ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the city council has determined it is in their best
interest to amend the Rules of Procedures for Council
meetings;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS THAT:
Sec. 1. THAT section III. 3.1 Reaular Meetinas be a.ended to
read as follows: The City council shall meet in the City
Hall on the first and third Tuesday of each month at
~ p.m. unless otherwise officially established by the
Council. The council shall take a vote at 12:00 a.m. on
whether or not to continue a meeting for additional time
if further items are on the agenda and have not been
considered. The call for and conduct of all meetings of
the city council, both regular and special as provided in
section 3.2 hereof shall be in accordance with Article
6252-17, Vernon's Annotated Civil Statues, known as the
Texas open Meeting Act.
THAT section V. 5.1.B. be amended to read as follows:
B. Any member desiring to present a subject for City
Council consideration shall advise the city
Secretary's Office of the fact not later than 4:30
p.m. on Wednesday preceding regular City council
meetings. SUbject matter will be accompanied by a
summary regarding the purpose for the inclusion of
this subject on the agenda in addition to
supporting comments regarding said subject.
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Sec. 2.
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Sec. 2.
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THAT section V. S.l.E. PreDaration of Aaenda be amended
to reflect the change in the order of the agenda items as
follows:
1. Call to Order (6:15 p.m.)
2. Invocation
3. Pledge of Allegiance
4. Approval of Minutes of previous meeting(s)
5. Executive session and/or Work Session (6:30 - 7:30
p.m.)
6. correspondence
7. Miscellaneous Reports of Meetings Attended by the
council and city Officials
8. Announcements, Proclamations, Presentations
9. Consent Items
10. public Hearings
..,.._-------_...__._._.._.~._----_._--_._-
RESOLUTION R-91-BS4
Page 2
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11. Action Items
12. Staff Reports
13. Reports of Advisory Boards and Commissions (to
Include Monthly Status Reports on all
Project/Development Committees currently operating
in writing)
14. City Manager's Report and Budget Report
15. Citizen Comments/Presentation regarding items HQI
on the agenda
16. Miscellaneous Items by the Council
17. Resolution Approving Council Action not otherwise
Approved
18. Adjournment
THAT the amendments to Resolution R-90-612 becomes
effective after the meeting adopting Resolution R-91-564.
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Sec. 3.
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Passed by a vote of
1991.
~1 to 0
on this the 22nd day of January,
10
CITY OF COLLEYVILLE
~~
CHRIS HAWKINS
Mayor
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ATTEST: ~
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--3dLittk;.'., v~, >--
LaVada Johnson
city Secretary
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CUMMLA rIVE CHANGES
(as 0101-26-05)
HOME RULE CHARTER
for the
C I T Y 0 F C 0 L LEY V ILL E, T E X A S
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 State .Iaw tRe
Sl;:ltotosofJheSt;1tQofTexos 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, authority. orivileoes,
oblioations and 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, State law the Statutes of this State,
2
and by this Charter, all powers of the City Council shall be vested in an elective City
Council, hereinafter referred to as the "City Council". ,',,,,hii::hshnllen:::lctloc:::l1
legisl:::ltion, adopt budgets, determine policies, and :::Ippoint the City M:::In:::lger, who
in turn, shall be held responsible to the City Council for the execution of the laws
and the administration of the government of the City. 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 of tho State of Tex:::Is.
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"
1976 (See Exhibit "/\. :,which boundaries are more fullv set out and described by
metes and bounds. frhese are on file in the Office of City Secretary.
Section 1.03 Extension of Bound:::lries Boundary Adjustment:
The corpot:::lte I.imits of the City of ColleyviHern3Y hOre:::lftefpe extended by
Ordinance passed and adopted by the City Council 3f:ter publication of such notices
and holding of such public he:::lrings as are required by la'N. The City Council shall
have the power by ordinance to fix the boundaries of the City and to provide for the
3
Comment: Suggested text by
Chairman Moore
alteration or the extension of said boundaries, pursuant to State law now or
hereinafter enacted where the same is not inconsistent with State law.
ARTICLE II
POWERS OF THE CITY
Section 2.01 General Powers Adopted:
Tho City of CoJleyvillo may ex.erciso all pO'Nors that nO'N 3re or hereafter may be
granted to munioipalities by the Constitution or tho laws of the St3te af Toxas. All
such pO'l:ers, whether oxpressed or implied, shall be exercised and enforced in the
manner prescrieed by tRis ChaFter, and I.vhen not prescribed herein, in such
manner as may be provided by ordinance or resolution of the Council of the City of
ColloY':iIIe. The enumer3tion of pmticul3r powers by this Chartor sh311 not be
deemed to be exclusive, and in 3ddition to the po'....ers enumerated herein or
implied hereby, or appropriate to the exercise of such pOIl/ers, it is intended that the
City of Colloyville sh311 h3'Je 3nd m3Y exercise all powers of IDeal self government,
and all pO'.vers enumer3ted in Chapter 13, Title 28, I\rticle 1115. of the Revised
Civil Statutes of the State of Texas, of 1925, and amendments thereto and
hereafter enacted, or any ether pO'Ners wAich uAdor the GOAstitutioA and la'.vs of
the State of Texas, it would be competent for this Ch3rter specifioally to enumerate
in so far 3S those po.....ers are not limited by this Ch3rter.
(a) The City Council shall have the powers, functions, rights. privileges and
immunities of every name and nature, that are now or hereafter may be
granted to a Home Rule City by the Constitution and State law, together with
4
all imolied oowers necessarv to carrv into execution all such oowers ~ranted.
(b) AmonQ such oowers, the City Council shall have oolice oowers, the oower to
adiust boundaries. to contract and to co-ooerate with the ~overnment of any
state or any aoencv or subdivision thereof. or with the federal oovernment or
any a~ency thereof to accomolish anv lawful ourpose. The City mav use a
coroorate seal: may acquire orooerty within or without its coroorate limits for
any municioal ouroose in fee simole, or in any lease interest or estate bv
ourchase, Qift, devise, lease, exchanoe. condemnation, and subiect to the
orovisions of this Charter, may sell, lease mortoaoe, hold, mana~e. imorove.
exchan~e and control orooertv as may now or hereafter be owned bv it: may
sue and be sued: may furnish municioal services. both within and without its
corporate limits: may imolead and be imoleaded in all courts and olaces and
in all matters whatever: may orovide for the exoenditure of oublic funds for a
retirement system. group health. life and accident insurance coverage. and
surety bonds for City emplovees or officers; may pass ordinances,
resolutions, and enact such reoulations as may be expedient for the
maintenance of oood oovernment. 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 orovisions of this Charter.
(c) The enumeration of oarticular oowers of this Charter shall not be held or
deemed exclusive. but in addition to the oowers enumerated herein or
imOlied hereby or appropriate to the exercise of such oowers. the City
Council shall have and may exercise all oowers of local self Qovernment and
all powers which under the Constitution and State law would be competent
5
for this Charter to specificallv enumerate.
Section 2.02 Eminent Domain:
The City shall have the full right, power and authority to exercise the power of
eminent domain when necessary or desirable to carry out any of the powers
conferred upon it by this Charter, or by the Constitution or State law qfthe~tateof
The power of eminent domain hereby conferred shall include the right of
the City to take the fee title an.deasertrlentin.ferests 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. "f~eprqCedl.Jret()beused
Civil Statutes of the State of Texas. In valuing the property of the public utility to be
damagos shall be the fair market value of the physioal properties together with its
franchise, if any, taken together as one (1) syst-em.
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,
6
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
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 Sfafelaw AJ:tfGIe
1il05b,S.e~iOn...8)Ven'lon'sA.nl"lgt~teqGi'~iISt:ltfJt~sOf'"e~~s,aS3rnel"lded. Such
assessments may be levied in any amounts and under any procedures not
prohibited by State law baw, but such assessments may not be levied in excess of
7
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
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.
pa'.:ing of public streets, side'Nalks, alleys, highways, and other publio 'Nays within
its oorporate limits, the City shall not h::l':e the pov.'er and authority to assess
property abutting the streets to be developed, improved, or paved, without tho
approval of sixty percent (60%) of the abutting property O'Nners.
The City shall have any additional powers not in conflict 'lAth this Section, as
amended.
ARTICLE III
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
8
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 Article IV of this Charter for
year terms. The three (3)
t\t.lQ (2) year terms shall be staggered so that Council per$()nsfrQm~'~ce1qnp 2
:3tl:ltgeand. the Mayor and City CouncilPersbhsfromPlace land 2 and tho Mayor
shall be elected one (t) year one (1) and City Council Persons from Places 3, 4
ana 5 at largo and 4 shall be elected tho follo'Ning yoar. elected year two. and City
Council Persons Place 5 and 6 at larae 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)
vears. Commencina with the reaular municipal election of 2008. City Council
Persons for Places 3 and 4 shall be 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.
Regular terms of office shall commence at the beginning of the first regular
9
meeting of the City Council following the canvass of the election as provided by
Article 4.
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
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 financiallv delinquent indebted 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)
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Section 3.03 City 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
to actual and necessary expenses incurred in the performance of their specific
official duties of the office.
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 Section 3.09 that a quorum of the City Council
consists of four (4) members, if at any time the membership of the City Council is
11
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 Mayor and Mayor Pro Tem:
a. The Mayor shall preside at all meetings of the City Council and shall vote
on all issues. The Mayor shall, unless the City. Council authorizes the City
Manaqer to siqn certain specific contracts or expenditures as provided in Section
3.07 S, vote only in C:3se of:3 tic of the Council, :3nd shall h:3vC veto power. 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
T em 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
12
Comment: Suggested text by
Chairman Moore
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 City Council:
A. All powers and authority granted to the City by the Constitution of the State
of Texas shall be vested in the ~itv Council, except as otherwise provided by
State law or this Charter. The
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 Manaaer to sian a specific
contract or expenditure; provided. however, the City Manaaer shall not be
authorized to sian any bonds issued under any provisions of the Charter.
Section 3.08 Forfeiture of Elected Office Prohibitions:
A. Except where authorized by State law. a Mayor or City Council Person shall:
1) reSiqn their current office at the time of Wina fOLanotherelected position if
their term extends past the beainninq of the position souaht;
2) not hold any compensated appointive or employment with the City durinq
13
the term for which elected: and
3) not hold any compensated appointive City Office or emplovment until one
(1) year after the expiration of the term for which elected.
A. Holding other office: Except where authorized by ~ bw, no Mayor or
Qi!y Council Person shall hold any other City office or employment by the City
during the term for which he 'Nas elected to the Q!!y Council, and no former Mayor
or ~ Council Person shall hold :my compens::!ted appointive City Offioe or
employment until one (1) year ::!fter the expir::!tion of the term for which he 'AI::!!::
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. TR~e~~nbil,b~~tl~<il$t~ur (4)
affirmati',.I$ '.'otes,.]" publicse$~ion, .m~YVeqUi(etoeCitYM~A3ger to remove any
8mployeef6r 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 Council or its members shall deal with City officers and employees
who are subject to the direction and supeNision 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.
14
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 City Council: City Council meetings shall be held at the City Hall
or such place within the City of Colleyville that theCitV Council shall direct. The
CilY 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 four
tRfee..~. ffi 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 tho 8t3te of TCX3S, DS now or hereafter
3mendo(j. (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
15
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. mhe Mavor andeverv €vefy
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
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 Council Persons are left to vote.
(Amended April 7, 1984)
Section 3.10 Investiqation by the en" Council:
The City Council, by majority vote, shall have authority to inquire into the conduct of
any office, department, agency,eiw 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
16
Comment: Suggested text by
Chairman Moore
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 advise 3pprO'le as to legality and in..col'l'1oliance with 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 three1\VQ.@1.~
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 proposedottabled ordinance shall be followed by
a public hearing. No final vote of approval or disapproval shall be taken by the ~itv
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 ~jtV Council meetings not less
than seventy-two (72) hours prior to the meeting at which such ordinances are
17
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 GitY 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 3.11.
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
18
Council and shall be followed by public hearing. (Amended April 7, 1984)
All ordinances and resolutions adopted by the Council shall, before they take effect,
be placed in the office of the City Secretary; and the Mayor shall sign those he
approves. Such as he sh::lll not sign, he shall return to the City Council "',ith his
written objections attached thereto. Upon the return of any ordinance or resolution
by the Mayor, the votD by which the ordinance or rosolution 'J.'as passed sh::lll be
reconsidered. If, after such reconsideration, four (4) Counoil members agree to
seven (7) days after the ordinance or resolution is placed in the Office of the City
Secretary as aforesaid, the same shall become effective immediately upon
publication as required by law. (Amended April 7, 198-1)
ARTICLE IV
ELECTIONS
Section 4.01 Laws Governina City Elections:
All City elections shall be governed, except as otherwise provided by this Charter,
by State IqllV pfI~xa8 governing general and municipal elections, so
far as theI3\V$>ofthe State law may be applicable thereto. In the event there
should be any failure of thelaVlsoft~e State law of Texas or this Charter to provide
19
for some feature of the City elections, the City Council shall have the power to
provide for or correct such deficiency. Noi!"lfQrm~lities.Jn.~Qnqqpti~gqG.ity
election.~hoHin...qlidqto sdidelectio.n,>if If the election is conducted fairly and in
substantial compliance with
State
and the
Charter and ordinances of the City, the election shall not be invalidated.
Section 4.02 General Elections:
The regular City elections shall be held annually on the first Saturday in May~
unless specifically required to be held on another day pursuant to 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 laws of the State
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 tho la'tlsOfthe State law of Texas 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
20
by State haw 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 the State law. Election Code of the State of Texas,
Vernon's Annotated Civil Statutes, as ameAded.
Section 4.06 Election by Maioritv:
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 anv contiQuous city, or held in trust by the candidate, their spouse, and any
dependent minor children, or any business entity in which the candidate has a
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
21
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
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.
faithfullY execute the duties of . of the City of CollewiJIe. 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
directly nor indirectly paid. offered. or promised to pav. 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."
22
will to the best of mv abilitv 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 solemnlv swear (or affirm) that I have not
directlv nor indirectlv paid, offered, or promised to pav, contributed, nor promised to
contribute any money or valuable thin!:!, or promised anv public office or
emplovment. as a reward to secure mv appointment or the confirmation
thereof. So help me God."
ARTICLE V
RECALL OF OFFICERS BY THE PEOPLE
Section 5.01 Scope of Recall:
Any City offici:]l, 'Nhether elected to office by the qu:]lified votors of the City or
:]ppointed by the City CouAcil to fill a vacancy, sRalf be suBject to recall and
All elected officials shalf be subiect to recall and removal from office bv the Qualified
voters of the citv.
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
23
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:
The recall petition mentioned above must be addressed to the City 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 itlcomoeterlceJnGompeteFJ(:lY, 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.
24
SWORN AND SUBSCRIBED TO before me this _ day of
19 .
Notary Public in and for
The State of Texas
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. The .CitV: 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 7, 1984)
Section 5.05 Presentation of Petition to the Citv Council:
Within fifteen (15) days after the date of filing of the papers constituting the recall
25
petition, the person performing the duties of the City Secretary shall present such
petition to the Oitv 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 7, 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
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
26
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).
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:
No recall petition shall be filed against any officer of the City within six (6) months
after his election, nor within six (6) months after an election for such officer's recall.
Nothing herein shall prevent impeachment of an officer of the City nor removal for
other causes as provided for herein.
27
Section 5.11 Failure of City 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.
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
28
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 of this Charter.
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 City 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 theGitV 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:
29
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
legislation as provided in Section 6.02 of this Charter, and shall be submitted to 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 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 of 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 CiN Council after invalidation by popular vote, a
referendum petition may be filed again as outlined in Article VI of this Charter.
30
Section 6.04 Voluntary Submission of Leaislation bv the City 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 State law for this purpose.
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
31
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 bv Referendum or Initiative:
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 eitv 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
32
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. (Amended April 7, 1979)
Section 6.10 Further Requlations bv City Council:
The Cltv Council may pass ordinances or resolutions providing other and further
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. wf\eR
\~~.lua.b..IE!....riQ~t.s....h@Ve....~.C.Gr~~q. .t/'le.reu.OQEilF.
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)
33
ARTICLE VII
ADMINISTRATIVE ORGANIZATION
Section 7.01 City Manaqer:
A. Appointment and Qualifications:
B. Removal:
The City Manager may be removed from office by a vote of not less
than four (4) members of the City Council,jnGII.,l.(j.ingth.e.M;:;l~or. (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
34
of the City Manager during the Citv Manager's temporary absence or disability,
The City Council may revoke the City 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
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 Gitv 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
by State law;
(4) attend all City Council meetings, and participate in the
discussion to the extent required by the Gitv Council;
35
(5) provide for the faithful execution and enforcement of all laws,
this Charter, and acts of theliDitY 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
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
36
(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 7.02 City Secretary:
The City Manager shall appoint a qualified individual to fill the position of City
The City Secretary shall not be
appointed for a definite term, but may be removed from office by the City Manager
(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 law$ @f
37
theSt3tQ.of To-xas and nat incansistent with ather provisians .of
this Charter.
Sectian 7.03 Department .of Palice:
There shall be established and maintained a Department .of Palice ta preserve
.order within the City and ta secure the residents .of said City from vialence and the
praperty therein from injury .or lass,
A. Chief .of Palice:
The Chief .of Palice shall be the chief administrative .officer .of the
Department .of Palice. He shall appaint and remave the emplayees .of said
department and shall perfarm such duties as may be required .of him by the City
Manager. The Chief .of Pal ice shall be appainted by the City Manager, with the
appro'.kllpftheCityCaunciI, far an indefinite term, The Chief .of Palice shall be fully
respansible ta the City Manager far the administratian .of his Department, and far
the carrying aut and enfarcement .of the resalutians and .ordinances .of the City
Cauncil. He may be remaved from .office by said City Manager, '#it~tl:lea.i:tpr()val
.of City Cauncil. (Amended April 7, 1984)
B. Special Palice and Reserve Palice:
Na persan, except as autharized by general law, by this Charter, .or by
38
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
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, 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 v.lith the 3ppro\l::1I of tho City Council. (Amended April 7, 1984)
B. Volunteer Fire Department:
39
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
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, With the 3ppro'/31.of the City CounCil 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 (Amended April 7, 1984)
Section 7.06 Department of Finance:
40
There shall be a Department of Finance headed by the City Manager or his
appointee. The City Manager, withth~;:lppr6'./:npf CityCoUr"iGH, 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 CitV' Council may abolish or consolidate any office or department except those
created by this Charter. The <pity 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 State
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 City Council shall prescribe accountability and tenure of each Board,
Commission, and Committee where such are not prescribed by State 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
41
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 Sfatelaw ~~$.J~ws
c:>ft~i~Stot(:lofm~xo~ 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 8.02 Judqe of the Municipal Court:
The Judge of the Municipal Court shall be appointed by the City Council to serve at
the discretion of the City Council. He shall be an attorney licensed and practicing
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
.....ith the concurrence of the City CouhCiI. S~id clbrkrn::lY holdanbther position of
City employment concurrent with, butsocond::lf)' to ~nd notinconijjct with this
pbsitioF't 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 8.04 City Attorney:
42
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. lrheCity Attorney, orsU(Jhother><;ttt<>rneys.selecte<;! bYi~im with the
approval..of theGityCol.Jncif,sh<;tllr~p~~~enttl1e~ltyi~~lill~igatiQQ,i .I-I~. ~hall be the
legal advisor of, and attorney and counsel for, the City and all officers and
departments thereof.
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.
desianate one (1) member of said firm, with City Council approval. to serve as City
Attornev.
ARTICLE IX
43
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:
A. Content:
The budget shall provide a complete financial plan of all City funds
and activities and, except as required by State 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.
44
The proposed budget expenditures shall not exceed the total of estimated income.
The budget shall be so arranged as to show comparative figures for actual and
estimated income and expenditures of the preceding fiscal year, compared to the
estimate for the budgeted year. It shall include in separate sections:
(1) An itemized estimate of the expense of conducting each
department, division and office.
(2) Reasons for proposed increases or decreases of such items of
expenditure compared with the current fiscal year.
(3) A separate schedule for each department, indicating tasks to be
accomplished by the department during the year, and additional desirable tasks to
be accomplished if possible.
(4) A statement of the total probable income of the City from taxes
for the period covered by the estimate.
(5) Tax levies, rates, and collections for the preceding five (5) years.
(6) An itemization of all anticipated revenue from sources other than
the tax levy.
(7) The amount required for interest on the City's debts, for sinking
45
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 ([iitv 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
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
46
schedules for each such improvement; and
d. The estimated annual cost of operating and maintaining the
facilities to be constructed or acquired,
e. A statement indicating the relationship to, and whether each
such improvement is considered with the Master Plan.
(Amended November 7, 1995)
B. Submission:
The City Manager shall submit to the 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 Hearing:
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, holdiOOhplCl public
hearings and adopt the budget at special meetings called by the GitY Council for
47
that purpose, notwithstanding the provisions of Section 3.11 of this Charter
requiring action at two (2) thr$~(q) consecutive regularCltV 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
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
second (2np) reqular City Council meetinqjnSeptember .Qf .the current fiscal.vear.
;3Oth 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)
48
F. Failure:
If the City Council fails to adopt the budget by the 15ttfd;ay of
September seCondreQular City Councilrneetindin..SePternber of the current fiscal
year, the amounts appropriated for the current fiscal year shall be deemed adopted
for the ensuing fiscal year on a month to month basis with all items in it pro-rated
accordingly until such time as the 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
Council 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
49
City Council may, bv Ordinance, carry tho oxcessintothqnoxt tiscol yoor or by
resolution may make supplemental appropriations to retire indebtedness or to fund
emergency appropriations as described in Section 9.04B.
B. EmerQencv 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
extent that there are no available unappropriated revenues to meet such
appropriations, the CitY 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.
50
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:
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
51
encumbered. An appropriation for a capital expenditure shall continue in force until
the purpose for which it was made has been accomplished or abandoned; the
purpose of any such appropriation shall be deemed abandoned if three (3) years
pass without any disbursement from or encumbrance of the appropriation.
Section 9.06 Administration of Budqet:
A. Payments and Obliqations Prohibited:
No payment shall be made or obligation incurred against any
allotment or appropriation except in accordance with appropriations duly made and
unless the City Manager or his designee first certifies that there is a sufficient
unencumbered balance in such allotment or appropriations and that sufficient funds
therefrom are or will be available to cover the claim or meet 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,
52
B. Financial Reports:
The City Manager shall submit to the Council at its second formal
meeting each month the financial condition of the City by budget items, budget
estimates versus accruals for the preceding month and for the fiscal year to date.
Such records are to be made public by the 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,
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.
53
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 SfatEflaw lAe
lil'i"sofFt~O$~~~o9f T!!1~os, 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 lows of the Stoto of Taxos.
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
54
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 City Council may, by resolution, authorize the
borrowing of money in anticipation of the collection of the property tax for the same
year whether levied or to be levied. Notes may be issued for periods not exceeding
one (1) year and must be retired by the end of the budget year in which issued.
E. Use of Bond Funds:
Any and all bond funds approved by a vote of the citizens of Colleyville
will be expended only for the purposes stated in the bond issue.
F. Certificates of Obliqation:
All certificates of obligation issued by the City shall be approved by
ordinance and issued in accordance with Sialelaw
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
55
not exceeding limits set by the City Councilor State law.
Section 9.09 Specified Reserve Fund:
Specified reserve funds may be created for specific purposes, and may be used
only for such purposes.
fA,RTICLE X j
TAXATION
(Amended November 7, 1995)
Section 10.01
Department of Taxation:
At the discretion of the City Council, there shall be established a Department of
Taxation to assess and collect taxes, the head of which shall be the City Collector
which office shall be filled by appointment by the City Manager with the approval of
the City Council, for an indefinite term. The Collector shall give a surety bond for
faithful performance of his duties, including compliance with all controlling
provisions of the State law 6aw 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 $100,0(0). (Amended April 4, 1981)
Section 10.02
Power to Tax:
56
Comment: Article to be re-written by
Delinquent Tax Attorney and provided
to the Committee at Feb 2 meeting
The City 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
Fl1qyp~ :)m~hd~q, on each one hundred dollar ($100.00) assessed valuation of all
property having a situs within the corporate limits of the City and not exempt from
taxation by the Constitution and State laws ofthcSt3tcof.'Dexas.
Section 10.03
Limitation on Tax Rate:
The maximum tax rate shall not exceed one dollar and fifty cents ($1.50) on the
one hundred dollars ($100.00) valuation of taxable property within the City. Any tax
rate set per budget year shall not result in an ad valorem tax revenue increase
greater than seven percent (7%) of the total ad valorem tax revenue collected in
the preceding budget unless authorized by the voters of the City at a special
election. (For the purpose of the preceding limitation, any additional ad valorem tax
revenue generated or attributable to construction within a preceding budget year
shall not be considered in determining whether the tax revenue increase is more
than seven percent (7%) of the preceding budget year). (Amended April 7, 1984)
Section 10.04
Property Subiect to Tax. Method Assessment:
Every person, partnership, association or corporation holding, owning or controlling
property within the limits of the City shall between January 1st and April 30th of
each year, file with the Tax Assessor-Collector a full and complete sworn inventory
57
rendition of such property held, owned or controlled within the said City limits on
January 1 st of each year. The City Council may prescribe by ordinance the mode
and manner of making such inventories and penalty for failing or refusing to submit
the same. The Tax Assessor shall review all renditions made to him and determine
the value of the property rendered and fix the value thereof for tax purposes. If the
Assessor fixes a value higher than that shown on the owner's last tax statement, he
shall give written notice thereof to such owner at his last known address by
depositing the same, postage paid, in the U.S. Mail, notifying him of such change
and advising him that he may appear before the Board of Equalization to protest
such change. The Assessor-Collector of Taxes shall assess all property which for
any cause has not been rendered, placing such valuation thereon as he may deem
just. If the owners of such property are unknown, such assessments may be made
in the name "unknown". (Amended April 4, 1981)
Section 10.05
Taxes - When Due and Pavable:
All taxes due the City of Colleyville shall be payable at the office of the City Tax
Collector and may be paid at any time after the tax rolls for the year have been
completed and approved, which shall be not later than October 1st. Taxes shall be
paid on or before January 31 st, and all such taxes not paid on or prior to such date
shall be deemed delinquent and shall be subject to such penalty and interest as the
City Council may provide by ordinance. The City 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
58
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
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
59
power to sue for and recover personal judgment for taxes without foreclosure, or to
foreclose its lien or liens, or to recover both personal judgment and foreclosure. In
any such suit where it appears that the description of any property in the City
Assessment Rolls is insufficient to identify such property, the City shall have the
right to plead a good description of the property intended to be assessed, to prove
the same, and to have its judgment foreclosing the tax lien and/or personal
judgment against the owner for such taxes.
ARTICLE XI
PLANNING AND ZONING, BOARD OF 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 City Council for a term of two (2) years who shall serve at the
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 which are created by resiqnation, removal bv vote of a maiority of the
City Council. or for any other reason shall be filled by the City Council for the
remainder of the term.
60
th~terrr1. 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 Council.
The Commission shall keep minutes of its proceedings which shall be of public
record. The Commission shall serve without compensation. (Amended
April?, 1984)
Section 11.02
Powers and Duties:
The Planning and Zoning Commission shall:
(a) Recommend a City Plan for the physical development of the City.
(b) Recommend to the 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 state law ffi
(Amended April 4,
1981 )
61
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
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 C.itv 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
62
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 theeitv 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
City Council. (Amended April 7, 1979)
Section 11.05
Zonino Board of Adiustment:
There shall be a Zohino Board of Adjustments as specified by State law in Ar'ficle
as now or
hereafter revised. Vacancies which are created bv resionation. removal bv vote of
a maiority of the City Council, or for any other reason shall be filled bv the City
Council for the remainder of the term.
Section 11.06
Separation of Plannino and Zonino 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
63
Zoning Commission in Section 11.01, and will perform all duties listed in Section
11.01 through 11.05, 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.
ARTICLE XII
FRANCHISES, PUBLIC UTILITIES AND OTHER USERS OF PUBLIC
PROPERTY
Section 12.01
Powers of the City:
In addition to the City's power to buy, construct, lease, maintain, operate, and
regulate public utilities and other users of public property. includinQ, but not limited
to users of the public riQhts-of-way. streets and utility easements. 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 Texas. Such powers to reQulate the use of public property
includes. but is not limited to. the riQht to require relocation of facilities in the public
riQhts-of-wav. streets and utility easements. within or without the City Limits. at the
facility owners cost for any City public works proiect to the fullest extent allowed the
City now and as may hereafter be permitted by the Constitution and State law.
Section 12.02
Power to Grant Franchise:
64
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 aareements as
to all other users of public property. includina. but not limited to users of the public
riahts-of-way. streets and utility easements. 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
said franchise as security for a valid debt or mortaaae.
Section 12.05
Riqht of Reaulation:
65
All grants, renewals, extensions, or amendments of public utility franchises and
consents and aqreements as to all other users of public property, includinq, but not
limited to users of the public riqhts-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 State law the lavi's of tho 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
66
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 utilitv
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
Regulation of Rates:
The City Council shall have full power after due notice and hearing to regulate by
67
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 City 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 Citv 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 Citv Council, and until the Citv Council shall have acted upon such motion.
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.
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Section 12.08
Public Service Corporations to File Annual Reports:
A. TheOitV 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),
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.
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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.
Section 12.10
Sales of Municipal Services:
The CitV 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, includina but not limited to cable
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television services. telecommunications services. information services and other
electronically transmitted services. whether transmitted by radio waves. liqht wave
or impulses, bY diqital transmissions or otherwise. unless express Iv 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.
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B. Upon adoption of this Charter, the present members of the City Council fillino
elective offices will continue to fill those offices for the terms shall E:erve until the
teFms to which they were elected. shall have expired and until their successors
shall have been qualified. The City Council shall be elected as provided in Article 3
of this Charter. Persons, who on the date this Charter is adopted are fillino
appointive positions with the City which are retained under this Charter. may
continue to fill these positions for the term for which thev were appointed, unless
removed bY the City Council or by other means provided for in this Charter.
followino provisions shall applY:
1) The Mayor shall retain veto powers. land the process and procedures
thereto as, permitted by the Charter dated December 7. 1995.
2) The Mayor shall vote only in case of a tie and to vote to remove the City
Manaoer,
3) Special meetinos of the City Council may be held on the call of the
Mayor or three (3) members of the City Council.
5) Any two (2) members of the City Council mav request an entire
ordinance to be read at the first and second readinos of an ordinance.
C. Conversion of the accounting system from cash to an accruod cash basis
shall occur at the beginning of the first fiscal year after employment of the City
Manager.
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Section 13.02
Officers and Emplovees:
A. Rights and Privileges Preserved. Nothing in this Charter except as
otherwise specifically provided shall effect or impair the rights or privileges of
persons who are City officers or employees at the time of its adoption.
B. Personnel System. An employee holding a City position at the time this
Charter takes full effect, who was serving in that same or a comparable position at
the time of its adoption, shall not be subject to competitive tests as a condition of
continuance in the same position but in all other respects shall be subject to the
personnel system.
Section 13.03
Preservations of Contract Riqhts:
All rights, claims, actions, orders, contracts, franchises, and legal or administrative
proceedings in existence at the time of the adoption of this Charter shall continue
until consummation. All 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
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every owner of a public utility franchise shall file with the City certified copies of all
franchises owned or claimed, or under which such utility is operated in the City.
Section 13.05
Charter Review Commission:
For a period of two (2) years, following adoption of this Charter, five (5) members of
this Charter Commission, appointed by the City Council, shall serve as a
CHARTER REVIEW COMMISSION in an advisory capacity as outlined below:
(a) Duties of the Commission:
1. Inquire into the operation of the City Government under the Charter
provisions and determine whether any such provisions require revision.
2. Propose any recommendations it may deem desirable to help
insure compliance with the provisions of the Charter.
3. Propose, if it deems desirable, amendments to this Charter to
improve the effective application of the Charter to current conditions.
4. Report its findings and present its proposed amendments, if any, to
the City Council.
(b) Action by the CItY Council: The City Council shall consider any
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recommendation made and if any amendments be presented as a part of such
report, may order such amendment or amendments to be submitted to the voters of
the City in the manner provided by
Chapter 13 of Title 28 of the Revised
ARTICLE XIV
GENERAL PROVISIONS
Section 14.01 Publicitv of Records:
All record and accounts of every office, department, or agency of the City shall be
open to inspection by any citi~~o
those records and documents prohibited from disclosure by I;)w.
Section 14.02
Personal Financial Interest:
A. Scope. This section shall apply to all elected and appointed City
officials, members of commissions, boards, committees and City employees.
B. Misuse of Office. No person shall use his office, position or
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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
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.
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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.
H. Contracts Voidable. Any violation of part C of this Section in the
approval process of any contract shall make said contract voidable by the City.
(Amended January 18, 1992)
Section 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, CitM Council Person or appointment of the City Manager so related to
him. This provision shall not apply to volunteer services to the City.
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Section 14.04
Official Bond for City Employees:
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
constitute a taking or damaging of property under
Texas; .~fticlol, S~ctiQR 17i,~Pnstitutionoftl'l~$~;::lt9.idfT~X::n~; 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
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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
holding shall directly apply.
Section 14.07
Effect of Charter on Existino 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 tAe State law in
force at the time of the beginning of such proceedings or under ~
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
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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. Jaw th$sti;ltutes. of said State
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 State..Jaw thliillQi.~$9ftl'le$foteofTe)(js
upon any kind of city, town, or village, not contrary to the provisions of said home-
rule status, Charter and ordinances, but the exercise of any such powers by the
City of Colleyville shall be optional with it, and it shall not be required to conform to
Stafelaw tl'l$bvJ 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.
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Section 14.10
Amendino the Charter:
Amendments to this Charter shall be formulated and submitted to the voters of the
City in the manner provided by
(Amended April 7, 1979)
Section 14.11
Judicial Notice:
This Charter shall be deemed a Public Act and shall have the force and effect of a
General Law, may be read in evidence without pleading or proof, and judicial notice
shall be taken thereof in all Courts and places.
Section 14.12
Gender of Wordino:
The masculine gender of the wording used throughout this Charter shall always be
interpreted to mean either sex.
Section 14.13
,^,ppe3Is:
The City Council shall, by ordin3nce, establish procedures for appeal for all
employees, appointed or salariod, for dismissal. Such appeals shall be through
channels with the City Council being the final authority.
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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
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
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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
Colleyville, Texas.
BARBARA ANDREWS LEONARD LEAR
TOMMY ELLISON LOWELL LON NON
OPAL ETHRIDGE LOUIS MILLER
H.L. GIBSON JAMES MOORE
WANDA JOHNSON JON I NEELY
FRANK RAWLS
D.B.SCROGGINS
MAX SUMMERS
LINDA THOMPSON
FRANK WHITMIRE
CHARTER COMMISSION, CITY OF COLLEYVILLE, TEXAS.
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