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HomeMy WebLinkAboutCity Council Resolutions (R-05-2521)-03/01/2005 RESOLUTION R-05-2521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CALLING AN ELECTION TO BE HELD ON MAY 7,2005, IN THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY OF COLLEYVILLE THE ADOPTION OR REJECTION OF PROPOSED AMENDMENTS TO THE EXISTING CITY CHARTER; DESIGNATING THE OFFICIAL POLLING PLACES AND APPOINTING ELECTION OFFICIALS; PRESCRIBING THE FORM OF THE BALLOTS; PROVIDING FOR NOTICE OF THE ELECTION; AND PROVIDING GENERALLY FOR THE CONDUCT OF THE ELECTION WHEREAS, the Colleyville City Council has determined that certain amendments and changes should be made to the Colleyville City Charter which was originally adopted by the citizens of Colleyville on January 15, 1977, and as subsequently amended thereafter; and WHEREAS, the Colleyville Charter has not been amended within the two years preceding the proposed election date herein designated; and WHEREAS, certain changes are proposed for the purpose of making 'he Charter consistent with State Law and eliminating outdated historical references, and such changes shall be submitted in one (1) proposition (Proposition No.1); and WHEREAS, certain changes are proposed relating to the powers and composition of the City Council and transition issues related to said amendments and shall be submitted in one (1) proposition (Proposition No.2); and WHEREAS, the Colleyville City Council now deems it proper to submit said proposed amendments to the Colleyville City Charter to the qualified voters of the City of Colleyville for adoption or rejection at an election to be held on May 7, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein as if copied in their entirety. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Resolution R-05-2521 Page 2 of 3 THAT the ballot propositions shall be submitted to the voters to amend the existing Charter of the City of Colleyville as provided for in Exhibit "A" hereto, which exhibit is incorporated herein by reference. THAT such election shall be held in the cafeteria at Bransford Elementary, 601 Glade Road, Colleyville, Texas, on the 7th day of May 2005, from 7:00 a.m. to 7:00 p.m.; and that early voting shall be held at City Hall, 100 Main Street, Second Floor Training Room, Colleyville, Texas, beginning April 20, 2005, and shall continue through May 3, 2005, Monday through Friday, from 8:00 a.m. until 5:00 p.m. and on Saturday, April 30, 2005, from 9 a.m. until 3:00 p.m. THAT voting machines shall be employed for the regular municipal election, including early voting, herein ordered in compliance with the provisions of Chapter 121 of the Texas Election Code, as amended. THAT the following persons shall be the officers who shall conduct the election: Bertha Westerman - Presiding Judge Connie Hampton - Alternate Presiding Judge and no more than ten (10) eligible persons as clerks whom the election judge shall appoint. THAT Tarrant County Elections Administration will assume the responsibility for the Early Voting Ballot Board. THAT the Election shall be conducted according to the election laws of the State of Texas and requirements of the Charter of the City of Colleyville. THAT the notice of the election on the proposed Charter amendments shall be given by publication of the Propositions, all in accordance with State law, on the same day of two successive weeks in a newspaper of general circulation published within the City of Colleyville, the date of the first publication to be not less than fourteen (14) days before the Sec. 9. Sec. 10. Resolution R-05-2521 Page 3 of 3 election date set herein. Such notice shall include a substantial copy of the proposed amendments. THAT the text of the City of Colleyville Charter, containing all proposed revisions, shall be kept in the office of the City Secretary of the City of Colleyville, and copies of it shall be made available to any person upon request free of charge. The notices required in Section 8 above shall state that the proposed text of the City of Colleyville Charter will be available to all interested persons at the office of the City Secretary of the City of Colleyville. THAT should any Charter amendment section, provision, word, phrase, or clause of this resolution or the application thereof to any person, or circumstances be held invalid, unconstitutional or ineffective, the remainder of the resolution and the application of such provisions to the other persons or circumstances shall not be affected thereby. AND IT IS SO RESOLVED. APPROVED THIS / ...sr OF ~ AYES, 0 DAY OF ~ 2005, BY A VOTE NAYS AND 0 ABSTENTIONS. .~ Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor Exhibit A PROPOSITION 1: All of these amendments in Proposition NO.1 are submitted for the purpose of bringing the Charter into compliance with State Law, improving consistency, and eliminating outdated historical references. Shall the following provisions be amended as follows? All references to "the State law" shall be amended to read "State law" All references to "Council" shall be amended to read "City Council". All references to specific statutory or constitutional provisions shall be amended to refer to the general law. All references to "Secretary" shall be amended to read "City Secretary", as appropriate. All references to the "Mayor" and "City Council" shall be ordered to place "Mayor" prior to "City Council", as "Mayor and City Council. "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 law the Statutes of the State of Texas and do hereby declare the residents of the City of Colleyville in Tarrant County, Texas, living within the legally established boundaries of said City, to be a political subdivision of said City, to be a political subdivision of the State of Texas, incorporated forever under the name and style of the "City of Colleyville" with such powers, rights, authorities. privileqes. obliqations 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, 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". . which shall enact local legislation, adopt budgetf;, determine policies, and appoint the City Manager, 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, Resolution, the State Constitution, or by State law St3tutes of the St3te of Tex3s. 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" 'Nith such powers, privileges, rights, duties, authorities, 3nd immunities, 3S 3re herein provided. The bound3ries of the City of Colleyville sh311 be those of the City of Colleyville 3S of the 6th d3Y of November, 1976 (See Exhibit "1\). ,which boundaries are more fully set out and described by metes and bounds. These are on file in the Office of City Secretary. Section 1.03 Boundary Adjustment Extonsion of Boundaries: The corpor3te limits of the City of Colleyville m3Y here3fter be extended by Ordin3nce p3ssed 3nd 3dopted by the City Council 3fter publication of such notices and holding of such public he3rings 3S 3re required by law. The City Council shall have the power by ordinance to fix the boundaries of the City and to provide for the 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: The City of Colleyville m3Y exercise 311 powers that nO'1I 3re or here3fter m3Y be gr3nted to municipalities by the Constitution or the 13WS of the St3te of Texas. 1\11 such pmNers, 'Nhether expressed or implied, sh311 be exercised 3nd enforced in the m3nner prescribed by this Charter, 3nd when not prescribed herein, in such m3nner 3S m3Y be provided by ordin3nce or resolution of the Council of the City of Colleyville. The enumer3tion of p3rticular powers by this Ch3rter sh311 not be deemed to be exclusive, 3nd in 3ddition to the pmvers enumerated herein or implied hereby, or appropri3te to the exercise of such powers, it is intended th3t the City of Colleyville sh311 h3ve 3nd m3Y exercise 311 pO'Ners of loc31 self government, 3nd 311 pO'Ners enumor3ted in Chapter 13, Title 28, Article 1175, of the Revised Civil St3tutes of the St3te of Tex3s, of 1925, 3nd 3mendments thereto 3nd hereafter en3cted, or 3ny other powers 'Nhich under the Constitution 3nd 13WS of the St3te of Tex3s, it 'Nould be competent for this Ch3rter specific311y to enumer3te in so br 3S those pmvers 3re not limited by this Ch3rter. The City Council shall have the powers. functions. riqhts. privileqes and immunities of every name and nature, that are now or hereafter may be qranted to a Home Rule City by the Constitution and State law, toqether with all implied powers necessary to carry into execution all such powers qranted. 2 Amonq such powers, the City Council shall have police powers, the power to adiust boundaries, to contract and to co-operate with the qovernment of any state or any aqency or subdivision thereof, or with the federal qovernment or any aqency thereof to accomplish any lawful purpose. The City may use a corporate seal; may acquire property within or without its corporate limits for any municipal purpose in fee simple, or in any lease interest or estate by purchase. qift, devise. lease. exchanqe. condemnation. and subiect to the provisions of this Charter. may sell. lease mortqaqe. hold. manaqe. improve. exchanqe and control property as may now or hereafter be owned by it; may sue and be sued: may furnish municipal services. both within and without its corporate limits: may implead and be impleaded in all courts and places and in all matters whatever: may provide for the expenditure of public funds for a retirement system, qroup health. life and accident insurance coveraqe. and surety bonds for City employees or officers: may pass ordinances. resolutions. and enact such requlations as may be expedient for the maintenance of qood qovernment. order and peace of the City and the interest. welfare. health, morals. comfort. safety. security and convenience of the City for its inhabitants consistent with the provisions of this Charter. The enumeration of particular powers of this Charter shall not be held or deemed exclusive. but in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers. The City Council shall have and may exercise all powers of local self qovernment and all powers which under the Constitution and State law would be competent for this Charter to specifically 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 of the St3te of Tex3s. The power of eminent domain hereby conferred shall include the right of the City to take the fee title and easement interests in the lands so condemned and such power and authority shall include the right to condemn, for any municipal or public purpose. The City shall have the power through eminent domain proceedings to acquire any public utility operating with or without a franchise, and furnishing a public service to the citizens of Colleyville. The procedure to be used in the 3cquisition of such property through eminent dom3in proceedings sh311 be th3t 3S set forth in Article 3264 through Article 3271, inclusivo, Title 52 Revised Civil St3tutOS of the St3te of Tox3s. In v31uing the property of the public utility to be 3cquired by the City through eminent dom3in proceedings, the me3suro of d3m3ges sh311 be the f3ir m3rket v31ue of tho physic31 properties together with its fr3nchise, if 3ny, t3ken togothor 3S one (1) systom." "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, 3 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 State law Article 1105b, Section 8, Vernon's Annotated Civil Statutes of Texas, as amended. Such assessments may be levied in any amounts and under any procedures not prohibited by State law haw, but such assessments may not be levied in excess of thirty-three and one-third percent (33 1/3%) of the costs of such improvements for property abutting one side of said street or public way, or sixty-six and two-thirds percent (66 2/3%) of the cost of such improvements for property abutting both 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. Provided, however, that whenever the City undertakes developing, improving and paving of public streets, sidewalks, alleys, highways, and other public ways within its corporate limits, the City shall not have the power and authority to assess property abutting the streets to be developed, improved, or paved, without the approval of sixty percent (60%) of the abutting property owners. The City shall have any additional powers not in conflict with this Soction, as enumerated in Article 11 05b of Vernon's Annotated Civil Statutes of Texas, as amonded." for the proposition against the proposition PROPOSITION 2: Proposition 2 shall address the powers and composition of the City Council and transition issues related to said amendments. Shall the following provisions be amended as follows? "ARTICLE III THE GOVERNING BODY Section 3.01 Number, Selection, Term: The Legislature and Governing Body of the City shall consist of seven (7) six (6) members; six (6) five (5) 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'. Upon the adoption of thiB Charter, the title of each incumbent Alderman shall be changed to Council Person. 4 The Mayor and City Council Persons ::md M3yor shall be elected under the general provisions provided by Article IV of this Charter for three (3) n\'o (2) year terms. The three .Q.} n\'o (2) year terms shall be staggered so that Council Persons from PI3CC 1 3nd 2 3t 13rge 3nd the Mayor and City Council Persons from Place 1 and 2 3nd the M3yor shall be elected one (1) year one (1 ), aM City Council Persons from Places 3 and 4 shall be elected the follmving ye3r. elected year two (2), and City Council Persons Place 5 and 6 shall be elected year three (3). The Mayor and each ~ of the City Council Persons-aAG M3yor, unless sooner removed under the provisions of this Charter or State law, shall hold office until his successor is elected and duly sworn. Positions for members of the City Council shall be for Mayor and Places 1 throuqh 6. Commencinq with the reqular municipal City Council election of 2006, positions for Places 3 and 4 shall be elected for a term of two (2) years and City Council Persons for Places 5 and 6 shall be elected for a term of three (3) years. Commencinq with the reqular 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 reqular 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. Terms Rogul3r torms 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) [Sections 3.03, 3.04, 3.05 shall remain unchanged.] 5 Section 3.06 Mayor and Mayor Pro Tem: The Mayor shall preside at all meetings of the City Council and shall vote on all issues. The Mayor. except as provided in 3.07. shall voto only in caso of a tie of tho Council, and shall havo veto powor. 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 aqent of the City by the Court for the purpose of serving civil process. b. Eloction 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. G:- 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 havo no voto powor, but shall perform all other duties of the Mayor during the absence or disability of the Mayor. d. Emorgoncy 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: All powers and authority granted to the City by the Constitution of the State of Texas shall be vested in the City Council, except as otherwise provided by State law or this Charter. The City Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed upon the City by State law and this Charter. In addition to the provisions set forth in Section 3.06. the City Council shall have the power to authorize the City Manaoer to siqn a specific contract or expenditure; provided. however. the City Manaqer shall not be authorized to siqn any bonds issued under any provisions of the Charter. Section 3.08 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 filinq for any publicly elected position if their term extends past the beqinninq of the position souqht: (2) Not hold any compensated appointive City office or employment with the City durino the term for which elected; and (3) Not hold any compensated appointive City Office or employment with the City until one (1) year after the expiration of the term for which elected. 6 A Holding other office: Except 'Nhere 3uthorized by ~ 13\\', no M3yor or .Q.!!y Council Person Sh311 hold 3ny other City office or employment by the City during the term for \\'hich he \\'-3S elected to the .Q.!!y Council, 3nd no former M3yor or .Q.!!y Council Person Gh311 hold 3ny compens3ted 3ppointive City Office or employment until one (1) ye3r 3fter the expir3tion of the term for '.r.:hich he '....3S elected. (B) Appointments and/or removals of City employees. 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 3t le3st four (4) 3ffirm3tivo votes, in public sossion, m3Y require the City M3n3ger to removo 3ny employee for C3use. (C) Interference with Administration. Except for the purpose of inquiries and investigations by the direction of the City Council, unless provided otherwise in this Charter, the City Councilor its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately, except in a state of declared emergency. (D) Admission of liability. Neither the City Council nor its members shall accept or admit liability or pay any claim for damages asserted against the City without first obtaining a written opinion from the City Attorney regarding the City's liability therein. E. Resign3tion of oloctod offici31: Any elected offici31 sooking olection to 3ny othor olocted position must resign his current office 3t timo of filing, if his olected torm oxtends p3St tho beginning of the position sought. Section 3.09 Meetings 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 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, aM recorded and adiourned until the reqular or called special meetinQ. Special meetings may be held on the call of the Mayor or four tJ::H:ee ill (d) 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 St3tO of Tox3s, 3S nO'N or horo3fter 3mendod. (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. 7 (C) Quorum and Voting. Four (4) votinq members of the Citv Council shall constitute a quorum. Votinq, except on procedural motions, shall be bv roll call and the "aves" and "navs" shall be recorded in the minutes. The Mavor and every Citv Council Person shall vote on all issues unless there is a declared and recorded statutory conflict of interest. If because of a statutory 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 thouqh onlv three (3) Citv Council Persons are left to vote. However, no action shall be approved with less than four (4) affirmative votes. If durinq the course of a meetinq a quorum ceases to exist. the meetinq shall be deemed adiourned and no further business shall be conducted. Voting, except on procedur31 motions, shall be by roll call 3nd the "3yes" and "nays" shall be recorded in the minutes. Every Council Person shall vote on 311 issues unless there is a declared and recorded conflict of interest. Four (-1) voting members of the Council Sh311 constitute 3 quorum. ,hO'.vever, no action shall be approved '."lith less th3n three (3) 3ffirmative votes. If during the course of a meeting a quorum ceases to exist, the meeting shall be deemed 3djourned 3nd no further business shall be conducted. However, if bec3use of 3 conflict of interest 3 member steps down and remains in the Chamber to return after the item is resolved, then 3 quorum 'Nil! be considered in 3ttend3nce even though only three (3) Council Persons are left to vote. (Amended April 7, 1981) Section 3.10 Investigation by the City Council: The Citv Council, by majority vote, shall have authority to inquire into the conduct of any office, department, agency, Citv Council member, officer or employee of the City, and to make investigations as to municipal affairs, and for that purpose the Citv 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 accord3nce with the provisions of Section 3.08 B of this Charter. Section 3.11 Ordinances in General: The Citv Council shall legislate by ordinance, and the enacting clause of every ordinance shall be, "Be it ordained by the Citv Council of the City of Colleyville." The City Attorney shall approve as to legality of all ordinances and resolutions and their compliance with the Charter. 311 ordin3nces prior to final action by the Citv Council. Every ordinance enacted by the Citv 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 Citv Council at two (2) consecutive regular Citv 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 Q2 f21 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. Tabled ordinances shall be read 8 after beinq removed from the table. Each reading of a proposed or tabled 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. Section 3.12 Emergency 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 four (4) or more members 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 City Council not authorized by ordinance shall be authorized by resolution. All resolutions shall be read in open meeting of the City Council and shall be followed by public hearing. Section 3.14 [Shall be deleted in its entirety.]" "Section 13.01 Schedule: (A) [Shall remain unchanged.] (B) Upon adoption of this Charter, the present Mayor and members of the City Council fillinq elective offices shall continue to fill those offices for the terms sAaft serve until the terms 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 fillinq 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 or State law. (C) Prior to the initial election of the City Council Person for Place 6, the followinq provisions shall apply: 9 (1) The Mayor shall retain veto powers, and 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 or 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 than three (3) affirmative votes of the City Council. and (5) Any two (2) members of the City Council may request an entire ordinance to be read at the first and second readinqs of an ordinance. C. Conversion of the accounting system from cash to an accrued cash basis shall occur 3t the beginning of the first fiscal year 3fter employment of the City M3nager. Section 13.02 [Shall remain unchanged.] Section 13.03 [Shall remain unchanged.] Section 13.04 [Shall remain unchanged.] Section 13.05 [Shall be eliminated in its entirety.]" for the proposition against the proposition PROPOSITION 3: Shall Article VII, Administrative Organization be amended as follows? "ARTICLE VII ADMINISTRATIVE ORGANIZATION Section 7.01 City Manager: (A) Appointment and Qualifications. The City Council by a vote of not less than four (4) members shall appoint the City Manager for an indefinite term and fix the Manager's compensation. The City Manager shall be appointed solely on the basis of executive and administrative qualifications. The City Manager need not be a resident of the City or State at the time of appointment. The City Manager may not 10 reside outside the City while in office without the approval of the City Council. (Amended April 7, 1984) (B) Removal. The City Manager may be removed from office by a vote of not less than four (4) members of the City Council, including the Mayor. The Mayor shall be entitled to vote on the removal of the City ManaQer. (Amended January 18, 1992) (C) Acting City Manager. Bya letter filed with the City Secretary, the City Manager may designate a City officer or employee to exercise the powers and perform the duties of the City Manager during the City Manager's temporary absence or disability. The City Council may revoke the 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 Manager. 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: (1) Appoint, suspend or remove all City employees and appointed administrative officers in accordance with the provisions of State law, this Charter and the ordinances of the City. The City Manager may delegate to an administrative officer, subject to the City Manager's direction and supervision, the authority to exercise the power to appoint, suspend or remove employees working under the administrative officer; (2) Direct and supervise the administration of all departments, as otherwise provided by this Charter, except as othorvlise provided by this Charter or by taw. , (3) Attend all City Council meetings, and participate in the discussion to the extent required by the City Council; (4) Provide for the faithful execution and enforcement of all laws, this Charter, and acts of the City Council; (5) Prepare and submit the annual budget and capital program to the City Council; (6) 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; (7) 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; 11 (8) Keep the City Council fully advised as to the financial condition and future needs of the City; (9) Make recommendations to the City Council concerning the affairs of the City; (10) Provide staff support services for the Mayor, City Council members, and appointed commissions, boards, and committees; and (11) Perform such other duties as are specified in this Charter or as may be required by the City Council. Section 7.02 City Secretary: The City Manager shall appoint a qualified individual to fill the position of City Secretary, 'I.'ith tho appro'.'::!1 of tho City Council. The City Secretary shall not be appointed for a definite term, but may be removed from office by the City Manager \Nith tho ::!pproval of tho City Council. The City Secretary shall: (A) Give notice of and attend all official public meetings of the City Council; (B) 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; (C) Act as custodian of all official records of the City Council; (D) Hold and maintain the Seal of the City and affix this Seal to all appropriate documents; (E) Authenticate by signature and Seal, and record in a book kept and indexed for the purpose, all ordinances and resolutions of the City; and (F) Perform such other duties as may be required by the City Manager, the City Council, this Charter, or by tf\e State laws of tho Stato of Toxas and not inconsistent with other provisions of this Charter. Section 7.03 Department of Police: There shall be established and maintained a Department of Police to preserve order within the City and to secure the residents of said City from violence and the property therein from injury or loss. (A) Chief of Police. The Chief of Police shall be the chief administrative officer of the Department of Police. He shall appoint and remove the employees of said department and shall perform such duties as may be required of him by the City Manager. The Chief of Police shall be appointed by the City Manager 'I.'ith tho approval of the City Council for an indefinite term. The Chief of Police shall be fully 12 responsible to the City Manager for the administration of his Department, and for the carrying out and enforcement of the resolutions and ordinances of the City Council. He may be removed from office by said City Manager, with tho 3ppro'y'31 of City Council. (B) Special Police and Reserve Police. No person, except as authorized by general law, by this Charter, or by the ordinances passed pursuant hereto, shall act as a special police officer or reserve police officer. No person holding an elective office may act as a reserve police officer. 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 with tho 3pprov31 of tho City Council for an indefinite term. The Fire Chief shall be fully responsible to the City Manager for the administration of his department, and for the carrying out and enforcement of the resolutions and ordinances of the City Council. He may be removed from office by said City Manager'Nith tho 3pprov31 of tho City Council. (Amended April 7,1984) (B) Volunteer Fire Department. Authority is hereby granted to maintain a Volunteer Fire Department. No person holding an elective office may serve as a volunteer fireman. (Amended April 7, 1984) Section 7.05 Department of Public Works: There shall be established and maintained a Department of Public Works to provide and maintain water and sewer services and such other duties as the City Council may direct. A Director of Public 'Norks: 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 'Nith tho 3pprov31 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 with tho 3pprOV31 of tho City Council. (Amended April 7, 1984) 13 Section 7.06 Department of Finance: There shall be a Department of Finance headed by the City Manager or his appointee. The City Manager with tho 3pprov31 of City Council may appoint a deputy director of finance who may be the City Collector of Taxes. (Amended April 4, 1981) Section 7.07 Other Departments, Boards and Commissions: The City Council may abolish or consolidate any office or department except those created by this Charter. The City Council may divide the administration of any such departments as it may deem advisable and may create new departments. The City Council shall create, establish, or appoint, as may be required by 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." for the proposition against the proposition PROPOSITION 4: Shall the Article X, Taxation be amended as follows? "ARTICLE X TAXATION 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 tho approv31 of tho 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 baw bearing upon the functions of his office, in a sum which shall be fixed by the City Council at not less than one hundred teA thousand dollars ($10,000.00 $100,000). Section 10.02 Power to Tax: The City Council of the City shall have the power, and is hereby authorized to levy, assess and collect, not to exceed the maximum limits set by the Constitution and State law 13ws of tho St3tO of Tox3s 3S thoy now oxist or 3S thoy m3Y bo 3mondod, 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 of tho St3tO of Tox3s. 14 Section 10.03 [Shall remain unchanged.] Section 10.04 Taxes - When Due and Payable: All taxes due the City of Colleyville shall be payable at the office of the City Tax Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 1st. Taxes shall be paid on or before January 31st, and all such taxes not paid on or prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as the .Qi!y Council m3Y provide by ordin3nce authorized by State law. The.Qi!y Council m3Y provide further by ordin3nce th3t 311 t3xes either current or delinquent, due the City of Colleyville m3Y be p3id by inst3l1ments. Failure to levy and assess taxes through omission in preparation of the approved tax roll shall not relieve the person, firm or corporation so omitted from obligation to pay such current or past due taxes as shown to be payable by recheck of the rolls and receipt for the years in question. The Council Sh311 be prohibited from 'N3iving pen31ties 3nd interest, 3110'.\'ing discounts, 3nd extending time for p3yment of t3xes. Section 10.05 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 any eaeR 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 311 other c13ims, 3nd no gift, s3le, 3ssignment or tr3nsf-or of 3ny kind, or judici31 'Nrit of 3ny kind, C3n ever defe3t such lien entitled to that priority as allowed by State law. In addition to the lien herein provided, on the first day of January of any year the owner of real and personal property subject to taxation by the City shall be personally liable for the taxes due thereon for such year. The City shall have the power to sue for and recover personal judgment for taxes without foreclosure, or to foreclose its lien or liens, or to recover both personal judgment and foreclosure. In any such suit where it appears that the description of any property in the City Assessment Rolls is insufficient to identify such property, the City shall have the right to plead a good description of the property intended to be assessed, to prove the same, and to have its judgment foreclosing the tax lien and/or personal judgment against the owner for such taxes." for the proposition against the proposition 15 PROPOSITION 5: Shall Article XIV, General Provisions be amended as follows? "Section 14.01 Publicity of Records: All record and accounts of every office, department, or agency of the City shall be open to inspection by any citizen individual subject to public inspection as provided by State law 6f by any representative of the press at all reasonable times and under such reasonable regulations as may be established by the City Manager and/or the City Council, except records and documents the disclosure of which would tend to defeat the la'Nful purpose 'lJhich they are intended to accomplish or those records and documents prohibited from disclosure by Ia\\'. Section 14.02 Personal Financial Interest: This section shall apply to all elected and appointed City officials. members of commissions, boards. committees and City employees. f\. Scope. This section shall apply to all elected and appointed City officials, members of commissions, boards, committees and City employees. B-(ill Misuse of Office. No person shall use his office, position or employment in an unlawful manner or in a manner calculated to obtain a financial benefit or a commercial benefit that would not be available to someone not holdinq such office or position. which is not normally or customarily received as a result of the office, position or employment held. G (ill 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. G (C) Discretionary Authority. No person shall make a decision or exercise their discretionary authority with reqard to an entity in which he or she has a direct or indirect financial interest as prohibited by State law. e (D) No person shall qrant. accept or solicit in the discharqe of his official duties any favor or personal benefit. service or thinq of value to any person or entity in violation of State law. F (.E} Notice. Any person who shall have a conflict of interest under paragraph B G 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. G (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 16 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. M (G) 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. ~ (ill 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. J m 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. K (J) The City Council may adopt by ordinance, a code of ethics and conduct that is consistent with the provisions of this Charter. Section 14.03 [Shall remain unchanged.] Section 14.04 [Shall remain unchanged except as amended by Proposition 1.] 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 the Constitution of the State of Texas, Article I, Section 17, Constitution of the St3te of Tex3s, the person injured, if living, or his representatives, if deceased, or the owner, his agent or attorney of the property damaged or destroyed shall give the City Manager or City Secretary notice in writing of such death, injury, damage or destruction, duly verified by affidavit, within one hundred twenty (120) days after same has been sustained, stating specifically in such written notice when, where, and how the death, injury, damage or destruction occurred, and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six (6) months immediately preceding the occurrence of such death, injury, damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages. No action at law for damages shall be brought against the City for such death, injury, damage or destruction prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed with the City Manager or the City Secretary. Section 14.06 [Shall remain unchanged.] 17 Section 14.07 [Shall remain unchanged except as amended by Proposition 1.] Section 14.08 [Shall remain unchanged except as amended by Proposition 1.] Section 14.09 [Shall remain unchanged.] Section 14.10 Amending the Charter: Amendments to this Charter may be framed shall bo formulated and submitted to the voters of tho City in the manner provided by State law, but in no event more frequently than once every two years. Chaptor 13 of Titlo 28 of tho Rovisod Civil Statutos of Texas, 1925, as nO'.\' or heroaftor amondod. Section 14.11 [Shall remain unchanged.] Section 14.12 [Shall remain unchanged.] Section 14.13 [Shall be deleted in its entirety.]" for the proposition against the proposition PROPOSITION 6: Shall Article IV, Elections be amended as follows? "ARTICLE IV ELECTIONS Section 4.01 Laws Governing City Elections: All City elections shall be governed, except as otherwise provided by this Charter, by tRe laws of tho State law of T oxas governing general and municipal elections, so far as tRe I3ws of tho State law may be applicable thereto. In the event there should be any failure of the laws of tho State law of Texas or this Charter to provide for some feature of the City elections, the City Council shall have the power to provide for or correct such deficiency. No informalities in conducting a City oloction shall invalidate said oloction, if If the election is conducted fairly and in substantial compliance with tho I3ws of tho State law, whoro applicable, and the Charter and ordinances of the City, the election shall not be invalidated. 18 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 kI'NS of the State law of T eX3S regulating all municipal elections and in accordance with the ordinances and resolutions adopted by the City Council for the conduct of elections. Section 4.03 Special Elections: The City Council may by ordinance or resolution call such Special Elections as are authorized by the 13ws of the 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 Publishing City Elections: It is the responsibility of the City Council to inform the registered voters of the City as to the time, place, date and purpose of any forthcoming City election, and the City Council shall establish such rules and procedures, in addition to those required by State law baw, 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 tAe State law. Election Code of the State of Tex3s, Vernon's Annotated Civil Statutes, 3S amended. Section 4.06 [Shall remain unchanged] Section 4.07 Public Disclosure: At the time of filing of a candidate for a City office, the candidate shall deliver to the City Secretary a disclosure statement containing the following information: (A) The location, size, and current use of all property owned within the city or within any 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) and (C) [Shall remain unchanged] Section 4.08 Oath of Office: Every officer of the City. whether elected or appointed. shall, within thirty (30) days of his election or appointment, take and subscribe to the followinq applicable oath or affirmation to be filed and kept in the office of the City Secretary. 19 (A) For elected officers. "I . do solemnly swear (or affirm) that I will faithfully execute the duties of . of the City of Collevville. State of Texas. and will to the best of my ability preserve, protect. and defend the Constitution and Laws of the United States of America and of this State and the Charter. Ordinances and Resolutions of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid. offered. or promised to pay. contributed. nor promised to contribute any money or valuable thinq, or promised any public office or employment. as a reward for the qivinq or withholdinq of a vote at the election at which I was elected. So help me God." (B) For appointed officers. "I . do solemnly swear (or affirm) that I will faithfully execute the duties of . of the City of Collevville, State of Texas, and will to the best of my ability preserve. protect. and defend the Constitution and Laws of the United States of America and of this State and the Charter. Ordinances and Resolutions of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered. or promised to pay. contributed. nor promised to contribute any money or valuable thinq. or promised any public office or employment. as a reward to secure my appointment or the confirmation thereof. So help me God." for the proposition against the proposition PROPOSITION 7: Shall Article V. Recall of Officers by the People be amended as follows? "ARTICLE V RECALL OF OFFICERS BY THE PEOPLE Section 5.01 Scope of Recall: All members of the City Council shall be subiect to recall and removal from office by the qualified voters of the city. Any City official, 'Nhether elected to office by the qualified voters of the City or appointed by the City Council to fill a vacancy, shall be subject to recall and removal from office by the qualified voters of the City. Section 5.02 Petitions for Recall: Before the question of recall of such officer shall be submitted to the qualified voters of the City, a petition demanding such question to be submitted, shall first be signed by the qualified voters of the City equal in number to at least feFly thirty percent (30 40%) of the number of votes cast in the last regular municipal election of the City, and in no event less 20 than five hundred (500) such petitioners. Each signer of such recall petition shall personally sign their name thereto in ink or indelible pencil, using their normal signature. In addition, each signer shall print their name, street address of their residence in Colleyville, voter registration certification number 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 incompetence incompetoncy, misconduct, or malfeasance in office, shall specifically state each ground with such certainty as to give the officer sought to be removed, notice of the matters and things with which he is charged. The signature shall be verified by oath in the following form: STATE OF TEXAS COUNTY OF TARRANT , being first duly sworn, on oath deposes and says that I am one (1) of the signers of the above petition and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. SWORN AND SUBSCRIBED TO before me this -1-9 day of ,20 Section 5.04 Section 5.05 Section 5.06 Section 5.07 Section 5.08 Section 5.09 Section 5.10 Notary Public in and for The State of Texas [Shall remain unchanged except as provided for in Proposition 1.] [Shall remain unchanged except as provided for in Proposition 1.] [Shall remain unchanged.] [Shall remain unchanged.] [Shall remain unchanged.] [Shall remain unchanged.] [Shall remain unchanged.] 21 Section 5.11 [Shall remain unchanged except as provided for in Proposition 1.]" for the proposition against the proposition PROPOSITION 8: Shall Article VIII, Legal and Judicial Services be amended as follows? "ARTICLE VIII LEGAL AND JUDICIAL SERVICES Section 8.01 [Shall remain unchanged except as provided for in Proposition 1.] Section 8.02 [Shall remain unchanged except as provided for in Proposition 1.] 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 Council. S:Jid clerk m:JY hold :Jnother position of City employment concurrent '.'lith, but second:Jry to :Jnd not in conflict with this position. The clerk of the court and deputies shall have the power to administer oaths and affidavits, make certificates, affix the seal of the court, and generally do and perform any and all acts as usual and necessary to be performed by the clerks of courts in issuing process of said courts and conducting the business thereof. Section 8.04 City Attorney: The City Council shall appoint a competent and duly licensed attorney practicinq 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. The City Council may contract with an attorney or with a firm of attorneys who may desiqnate one (1) member of said firm, with City Council approval. to serve as City Attorney. The City Attorney, or such other attorneys selected by him with the approval of the City Council, may represent the City in litiqation. The City Council shall have the riqht to retain special counsel at any time they may deem it appropriate and/or necessary. The City Attorney shall be the leqal advisor of, and attorney and counsel for. the City and all officers and departments thereof and attend all meetinqs as deemed necessary by the City Council. 22 The City Attorney shall review and concur or dissent upon all documents. contracts. and leqal instruments in which the City may have an interest. The City Attorney shall perform other duties prescribed by this Charter. ordinance. or as directed by the City Council. The City Council Sh311 3ppoint 3 competent 3nd duly licensed 3ttorney pr3cticing 13'N in the St3te of T eX3S, 'Nho Sh311 be the Attorney for the City (3nd m3Y 31so be ref-orred to 3S City Attorney). He sh311 receive for his services such compens3tion 3S m3Y be fixed by the City Council 3nd Sh311 hold his office 3t the ple3sure of the City Council. The City Attorney, or such other 3ttorneys selected by him 'A'ith the 3pprov31 of the City Council, sh311 represent the City in 311 litig3tion. He sh311 be the leg31 3dvisor of, 3nd 3ttorney 3nd counsel for, the City 3nd 311 officers 3nd dep3rtments thereof. The City Attorney Sh311 revie'N 3nd concur or dissent upon 311 documents, contr3cts, 3nd leg31 instruments in which the City m3Y h3ve 3n interest. The City Council sh311 h3ve the right to ret3in speci31 counsel 3t 3ny time they m3Y deem it 3ppropri3te 3nd/or neccss3ry. The City Attorney Sh311 perform other duties prescribed by this Ch3rter, ordin3nce, or 3S directed by the City Council." for the proposition against the proposition PROPOSITION 9: Shall Article IX, Municipal Finance be amended as follows? "ARTICLE IX MUNICIPAL FINANCE Section 9.01 [Shall remain unchanged] Section 9.02 Annual Budget: (A) [Shall remain unchanged except as provided for in Proposition 1.] (8) [Shall remain unchanged except as provided for in Proposition 1.] (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 23 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, holdinq Rete public hearings and adopt the budget at reqular speci31 meetings called by the City Council for that purpose, notwithstanding the provisions of Section 3.11 of this Charter requiring action at two (2) throe (3) consecutive regular City Council meetings. (Amended April 7,1979) (D) [Shall remain unchanged except as provided for in Proposition 1.] (E) Adoption: The City Council shall adopt the budget by ordinance not later than the second reqular City Council meetinq in September of the current fiscal year. 30th d3Y of September. Adoption of the budget will require an affirmative vote of at least a majority of all of the members of the City Council. Adoption of the budget shall constitute appropriations of the amount specified therein as expenditures from the fund indicated, and shall constitute a levy of the property tax therein proposed. (Amended April 7, 1979) (F) Failure: If the City Council fails to adopt the budget by the 15th d3Y of September second reqular City Council meetinq in September of the current fiscal year, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis with all items in it pro-rated accordingly until such time as the City Council adopts a budget for the ensuing fiscal year. The levy of property tax normally approved as a part of the budget adoption will be set to equal the total current fiscal year receipts, unless the ensuing fiscal year budget is approved by September 15th the second reqular City Council meetinq in September of the current fiscal year. Section 9.03 [Shall remain unchanged.] Section 9.04 Amendments after Adoption: (A) Supplemental Appropriations. If during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council may. by Ordinance. c3rry the excess into the next fisc31 ye3r or by resolution m3Y make supplemental appropriations to retire indebtedness or to fund emergency appropriations as described in Section 9.048 in this Charter. (B) [Shall remain unchanged except as provided for in Proposition 1.] (C) [Shall remain unchanged except as provided for in Proposition 1.] (D) [Shall remain unchanged except as provided for in Proposition 1.] (E) [Shall remain unchanged.] (F) [Shall remain unchanged.] 24 Section 9.05 Section 9.06 Section 9.07 Section 9.08 Section 9.09 PROPOSITION 10: [Shall remain unchanged.] [Shall remain unchanged except as provided for in Proposition 1.] [Shall remain unchanged except as provided for in Proposition 1.] [Shall remain unchanged except as provided for in Proposition 1.] [Shall remain unchanged.]" for the proposition against the proposition Shall Article XI, Planning and Zoning, Board of Adjustment be amended as follows? Section 11.01 "ARTICLE XI PLANNING AND ZONING, BOARD OF ADJUSTMENT The Planning and Zoning 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 'Nho shall and will serve at the will and pleasure of the City Council. Three (3) members of the Planning and Zoning Commission shall be appointed each odd numbered year and four (4) members shall be appointed each even numbered year. The Commission shall elect a chairman from its membership and shall meet in the City Hall not less than once each month. The chairman of the Commission shall be a voting member. Vacancies which are created by resiqnation, removal by vote of a maiority of the City Council. or by fer: any other reason shall be filled by the City Council for the remainder of the term. Vacancies shall be filled by the Council for the remainder of the term. A majority of the members shall constitute a quorum; however, no action shall be approved with less than four (4) affirmative votes. Attendance requirements for members shall be the same as for members of the City Council. The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation. Section 11.02 [Shall remain unchanged except as provided for in Proposition 1.] 25 Section 11.03 [Shall remain unchanged except as provided for in Proposition 1.] Section 11.04 Legal Effect of the Master Plan: Upon adoption of the Master Plan by the City Council, no subdivision, street, park, or any public way, ground or space, public building or structure, or public utility, whether publicly or privately owned, which is in conflict with the Master Plan shall be constructed or authorized by the City until and unless the location and extent thereof shall have been submitted to the Commission and approved by the City Council. In case of Commission disapproval, they shall communicate their reasons to the City Council, which shall have the power to overrule such disapproval. by a three fourths (3/4) vote, and upon such overruling, the Q!!y 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 Zonina Board of Adjustment: There shall be a Zoninq Board of Adjustment as specified by State law in Article 1011G, Chapter 4 Title 28, Revised Civil Statutes of Texas of 1925 as now or hereafter revised. Vacancies which are created by resiqnation, or for any other reason shall be filled by the City Council for the remainder of the term. Section 11.06 Separation of Planning and Zoning Commissions: The City Council may by ordinance, at such time as deemed in the best interest of the citizens of Colleyville, create a separate Commission to perform the duties of Planning. This Commission shall have the same structure as provided for the Zoning Commission in Section 11.01, and will perform all duties listed in Section 11.01 through 11.05 of this Charter, 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." for the proposition against the proposition PROPOSITION 11: Shall Article XII, Franchises, Public Utilities and Other Users of Public Property be amended as follows? "ARTICLE XII FRANCHISES, PUBLIC UTILITIES AND OTHER USERS OF PUBLIC PROPERTY 26 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 State law L3\NS of tho St3tO of T OX3S. 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-way. 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: 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 to all other users of public property. includinq. but not limited to users of the public riqhts-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 [Shall remain unchanged.] Section 12.04 Transfer of Franchise: No public utility franchise shall be transferable except with the approval of the City Council as expressed by ordinance. The term "transferable", as used herein, shall not be construed in such manner as to prevent the franchise holder from pledqinq said franchise as security for a valid debt or mortqaqe. Section 12.05 Right of Regulation: 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) [Shall remain unchanged.] (8) [Shall remain unchanged.] (C) [Shall remain unchanged.] 27 (D) To require at any time such compensation and rental as may be permitted by State law the !a'A'S of the State of Texas. (E) [Shall remain unchanged.] (F) [Shall remain unchanged.] Section 12.06 Extensions: All extensions of service of public utilities and of all other users of public property. includinq, but not limited to users of the public riqhts-of-way. streets and utility easements. within the City limits shall become a part of the aggregate property of the public utility, shall operate as such, and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use and maintain any extension shall terminate with the original grant and shall be terminable as provided in Section 12.05 of this Charter. 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 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 12.08 [Shall remain unchanged except as provided for in Proposition 1.] Section 12.09 [Shall remain unchanged except as provided for in Proposition 1.] 28 Section 12.10 Sales of Municipal Services: The City Council shall have the power and authority by ordinance: (A) In or outside the limits of the City, to sell and distribute water; sell and provide sewer service; sell and provide garbage and trash collection disposition; and to sell and provide other municipal services. includinq but not limited to cable television services. telecommunications services. information services and other electronically transmitted services. whether transmitted by radio waves. Iiqht wave or impulses. by diqital transmissions or otherwise. unless expressly prohibited by the State or Federal 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 [Shall remain unchanged.]" for the proposition against the proposition PROPOSITION 12: Shall Article VI, Legislation by the People, Initiative, and Referendum be amended as follows? "Section 6.07 Adoption of Ordinances or Resolutions by Referendum or Initiative: If a majority of the qualified voters voting on a proposed ordinance or resolution or measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective. as a law or as a mandatory order to the Council. No siqnature of the Mayor shall be required." "Section 6.11 Franchise Ordinances: Nothing contained in this Article shall be construed to be in conflict with any of the provisions of this Charter pertaining to ordinances granting franchises. when valuable rights have accrued thereunder." for the proposition against the proposition 29