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'he Charter consistent with State Law and eliminating outdated historical
references, and such changes shall be submitted in one (1) proposition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.
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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,
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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.
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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.]
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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.
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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.
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(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
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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:
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(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