HomeMy WebLinkAboutCharter-Charter-5/31/2006
CHARTER
of
city Of
Texas
Revised May 7, 2005
llcg
COLLEYVILLE CITY CHARTER
TABLE OF CONTENTS
Article
Section
Title
Paae
Form of Government and Boundaries
1.01 Form of Government 2
1.02 Boundaries of the City 2
1.03 Boundary Adjustment 2
II Powers of the City
2.01 General Powers Adopted 3
2.02 Eminent Domain 3
2.03 Establishment and Control of Public Property 3
2.04 Street Development and Improvements 4
III The Governina Bodv
3.01 Number, Selection, Term 4
3.02 Qualifications 5
3.03 City Council to be the Judge of Election 5
Qualification
3.04 Compensation 6
3.05 Vacancies 6
3.06 Mayor and Mayor Pro T em 6
3.07 Powers of the City Council 7
3.08 Forfeiture of Elected Office 7
3.09 Meetings and Rules of Procedure 7
3.10 Investigation by the City Council 8
3.11 Ordinances in General 8
3.12 Emergency Ordinances 9
3.13 Resolutions 9
IV Elections
4.01 Laws Governing City Elections 9
4.02 General Elections 10
4.03 Special Elections 10
4.04 Publishing City Elections 10
4.05 Runoff Election 10
4.06 Election by Majority 10
4.07 Public Disclosure 10
4.08 Oath of Office 11
V Recall of Officers bv the People
5.01 Scope of Recall 11
5.02 Petitions for Recall 11
5.03 Form of Recall Petition 12
5.04 Various Papers Constituting Petition 12
5.05 Presentation of Petition to the City Council 12
5.06 Public Hearing to be Held 13
5.07 Election to be Called 13
5.08 Ballots in Recall Election 13
5.09 Result of Recall Election 13
5.10 Recall, Restrictions Thereon 13
5.11 Failure of City Council to Call an Election 14
VI Leaislation by the People, Initiative and Referendum
6.01 General Power 14
6.02 Initiative 14
6.03 Referendum 15
6.04 Voluntary Submission of Legislation by the City 15
Council
6.05 Form of Ballots 15
6.06 Publication of Proposed and Referred Ordinance 15
or Resolution
6.07 Adoption of Ordinances or Resolutions by 16
Referendum or Initiative
6.08 Inconsistent Ordinances or Resolutions 16
6.09 Ordinances or Resolutions Passed by Popular 16
Vote, Repeal or Amendment
6.10 Further Regulations by City Council 16
6.11 Franchise Ordinances 16
6.12 Compelling Submission 16
VII Administrative Oraanization
7.01 City Manager 17
7.02 City Secretary 18
7.03 Department of Police 18
7.04 Fire Department 19
7.05 Department of Public Works 19
7.06 Department of Finance 20
7.07 Other Departments, Boards and Commissions 20
VIII LeQal and Judicial Services
8.01 Municipal Court 20
8.02 Judge of the Municipal Court 20
8.03 Clerk of the Municipal Court 20
8.04 City Attorney 21
IX Municipal Finance
9.01 Fiscal Year 21
9.02 Annual Budget 21
9.03 Public Records 24
9.04 Amendments after Adoption 24
9.05 Lapse of Appropriations 25
9.06 Administration of Budget 25
9.07 Borrowing 25
9.08 Purchasing 26
9.09 Specified Reserve Fund 26
X Taxation
10.01 Department of Taxation 27
10.02 Power to Tax 27
10.03 Limitation on Tax Rate 27
10.04 Taxes - When Due and Payable 27
10.05 T ax Liens 27
XI Plannina and Zonina, Board of Adjustments
11.01 The Planning and Zoning Commission 28
11.02 Powers and Duties 28
11.03 The Master Plan 29
11.04 Legal Effect of the Master Plan 29
11.05 Zoning Board of Adjustment 29
11.06 Separation of Planning and Zoning Commissions 29
XII Franchises, Public Utilities and Other Users of Public
Property
12.01 Powers of the City 30
12.02 Power to Grant Franchise 30
12.03 Grant Not to be Exclusive 30
12.04 Transfer of Franchise 30
12.05 Right of Regulation 31
12.06 Extensions 31
12.07 Regulation of Rates 32
12.08 Public Service Corporations to File Annual Reports 32
12.09 Accounts of Municipally Owned Utilities 33
12.10 Sales of Municipal Services 33
12.11 Franchise Records 33
XIII Transitional Provisions
13.01 Schedule 33
13.02 Officers and Employees 34
13.03 Preservation of Contract Rights 34
13.04 Franchises 35
XIV General Provisions
14.01 Publicity of Records 35
14.02 Personal Financial Interest 35
14.03 Nepotism 36
14.04 Official Bond for City Employees 36
14.05 Tort Liability 36
14.06 Severability Clause 37
14.07 Effect of Charter on Existing Laws 37
14.08 Applicability of General Laws 37
14.09 Property Not Exempt from Special Assessments 37
14.10 Amending the Charter 38
14.11 Judicial Notice 38
14.12 Gender of Wording 38
Submission of Charter to Voters 39
Charter Amendment Election - May 7, 2005 40
HOME RULE CHARTER
for the
C I T Y OF C 0 L LEY V ILL E, T E X A S
Preamble
We, the citizens of Colleyville, Texas, in order to establish a
Home Rule municipal government, provide for the future
progress of our City, and obtain more fully the benefits of local
self-government, do hereby adopt this Home Rule Charter in
accordance with State law 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, privileges, obligations and
immunities 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, 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", 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.
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", which boundaries are more fully set out and described by metes and
bounds. These are on file in the Office of City Secretary. (Amended May 7,2005)
Section 1.03
Boundary Adjustment:
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.
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ARTICLE II
POWERS OF THE CITY
(Amended May 7, 2005)
Section 2.01
General Powers Adopted:
The City Council shall have the powers, functions, rights, privileges and immunities of
every name and nature, that are now or hereafter may be granted to a Home Rule City by
the Constitution and State law, together with all implied powers necessary to carry into
execution all such powers granted.
Among such powers, the City Council shall have police powers, the power to adjust
boundaries, to contract and to co-operate with the government of any state or any agency
or subdivision thereof, or with the federal government or any agency thereof to accomplish
any lawful purpose. The City may use a corporate seal; may acquire property within or
without its corporate limits for any municipal purpose in fee simple, or in any lease interest
or estate by purchase, gift, devise, lease, exchange, condemnation, and subject to the
provisions of this Charter, may sell, lease mortgage, hold, manage, improve, exchange
and control property as may now or hereafter be owned by it; may sue and be sued; may
furnish municipal services, both within and without its corporate limits; may implead and be
impleaded in all courts and places and in all matters whatever; may provide for the
expenditure of public funds for a retirement system, group health, life and accident
insurance coverage, and surety bonds for City employees or officers; may pass
ordinances, resolutions, and enact such regulations as may be expedient for the
maintenance of good government, order and peace of the City and the interest, welfare,
health, morals, comfort, safety, security and convenience of the City for its inhabitants
consistent with the provisions of this Charter.
The enumeration of particular powers of this Charter shall not be held or deemed
exclusive, but in addition to the powers enumerated herein or implied hereby or
appropriate to the exercise of such powers. The City Council shall have and may exercise
all powers of local self government and all powers which under the Constitution and State
law would be competent for this Charter to specifically enumerate.
Section 2.02
Eminent Domain:
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. 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.
Section 2.03
Establishment and Control of Public Property:
The City of Colleyville shall have the power to layout, establish, open, alter, widen,
lower, raise, extend, grade, abandon, discontinue, abolish, close, care for, pave,
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supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public
places and bridges; and regulate the use thereof; require the removal from streets,
sidewalks, alleys, and other public property or places of all obstructions and
encroachments of every nature or character upon any of said streets and sidewalks,
a nd the power to regulate, control and/or prohibit the moving of any type of objects over,
a long, or upon, under or across streets, alleys, sidewalks, parks, squares, public places
a nd bridges, of every kind and character in such places and at such time as public need
shall dictate.
Section 2.04
Street Development and Improvements:
The City shall have the power to develop and improve, or cause to be developed and
improved, any and all public streets or ways within the corporate limits of the City by
laying out, opening, narrowing, widening, straightening, extending, lighting, and
establishing building lines along the same by purchasing, condemning, and taking
property therefore; by filling, grading, raising, lowering, paving, repaving and repairing in
a permanent manner, the same, and by constructing, reconstructing, altering, repairing,
and realigning curbs, gutters, drains, sidewalks, culverts and other appurtenances and
incidentals in connection with such development and improvement authorized
hereinabove, or any combination or parts thereof.
The cost of such development and improvement may be paid partly by assessments
levied as a lien against the property abutting thereon and against the owners thereof,
subject, however, to the limitations imposed by State law. Such assessments may be
levied in any amounts and under any procedures not prohibited by State law, 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.
ARTICLE III
THE GOVERNING BODY
(Amended May 7, 2005)
Section 3.01
Number, Selection, Term:
The Legislature and Governing Body of the City shall consist of seven (7) members; six (6)
City Council Persons elected by place number and a Mayor, all members to be elected
from the City at large, and shall be known as the 'City Council of the City of Colleyville'.
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The Mayor and City Council Persons shall be elected under the general provIsions
provided by Article IV of this Charter for three (3) year terms. The three (3) year terms shall
be staggered so that the Mayor and City Council Persons from Place 1 and 2 shall be
elected year one (1), City Council Persons from Places 3 and 4 shall be 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, 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 through 6.
Commencing with the regular 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. Commencing with the
regular municipal election of 2007, positions for Mayor and City Council Persons for
Places 1 and 2 shall be elected for a term of three (3) years. Commencing with the
regular 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 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. (Amended May 7,
2005)
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 to the City.
If any member of the City Council fails to maintain the foregoing qualifications, or shall
fail to maintain the seventy-five percent (75%) attendance record for all regularly
scheduled meetings, as specified in Section 3.09 hereof, during each elected year, or
shall be convicted of a felony or offense involving moral turpitude, the City Council shall
declare a vacancy in the office of that member of the City Council at its next regular
meeting and shall fill the vacancy as set forth in this Charter. (Amended April 7, 1984)
Section 3.03
City Council to be the Judge of Election Qualification:
The City Council shall be the judge of the election and qualification of its own members.
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Section 3.04
Compensation:
The Mayor and City Council Persons shall not receive a salary, but shall be entitled to
actual and necessary expenses incurred in the performance of their specific official duties
of the office.
Section 3.05
Vacancies:
A single vacancy in the City Council shall be filled within thirty (30) days of the occurrence
of the vacancy by a majority vote of the remaining members of the City Council by
selection of a person qualified for the position as described in this Charter. This appointee
shall serve until the position can be filled at the next regular or special City election as
provided by law. However, if such vacancy occurs within one hundred twenty (120) days
of a regular election, then no election shall be called to fill the vacancy, and the remaining
City Council members shall appoint a qualified person to fill the vacancy until the regular
election.
Notwithstanding the requirement in Section 3.09 that a quorum of the City Council consists
of four (4) members, if at any time the membership of the City Council is reduced to less
than four (4), the remaining members may by majority action appoint additional members
to raise the membership to four (4). These appointees shall serve until the positions can
be filled at the next regular or special City election.
Section 3.06
Mayor and Mayor Pro Tam:
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 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 agent of the City by the Court for the purpose of serving civil process. (Amended
May 7, 2005)
Immediately following the final swearing in of all members elected in accordance with
Section 4.02 of this Charter, the new City Council shall in its first regular meeting, elect
from among its members a Mayor Pro Tem who shall serve for the term of one (1) year.
(Amended April 7, 1984)
The Mayor Pro Tem shall, in the absence of the Mayor, preside at all meetings of the City
Council and shall vote on all issues before the City Council. The Mayor Pro Tem shall
perform all other duties of the Mayor during the absence or disability of the Mayor.
(Amended April 7, 1984)
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.
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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 Manager to sign a specific contract or expenditure; provided,
however, the City Manager shall not be authorized to sign any bonds issued under any
provisions of the Charter. (Amended May 7,2005)
Section 3.08
Forfeiture of Elected Office:
(A) Except where authorized by State law, a Mayor or City Council Person shall:
(1) Resign their current office at the time of filing for any publicly elected
position if their term extends past the beginning of the position sought;
(Amended May 7, 2005)
(2) Not hold any compensated appointive City office or employment with the
City during 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.
(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.
(Amended May 7,2005)
(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.
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
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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,
recorded and adjourned until the regular or called special meeting. Special
meetings may be held on the call of the Mayor or four (4) members of the City
Council at the place within the City of Colleyville designated in the public notice.
All meetings shall be held and public notice thereof given as required by State
law. (Amended May 7,2005)
(B) Minutes and Rules. The City Council shall determine its own rules and order of
business, and shall provide for keeping minutes of its proceedings and post copy
on the City Bulletin Board until the next meeting. The minutes shall be a public
record.
(C) Quorum and Voting. Four (4) voting members of the City Council shall
constitute a quorum. Voting, except on procedural motions, shall be by roll call and
the "ayes" and "nays" shall be recorded in the minutes. The Mayor and every City
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 though only three (3) City Council
Persons are left to vote. However, no action shall be approved with less than four
(4) affirmative votes. If during the course of a meeting a quorum ceases to exist, the
meeting shall be deemed adjourned and no further business shall be conducted.
(Amended May 7, 2005)
Section 3.10
Investigation by the City Council:
The City Council, by majority vote, shall have authority to inquire into the conduct of any
office, department, agency, City Council member, officer or employee of the City, and to
make investigations as to municipal affairs, and for that purpose the City Council shall
have the power to authorize the Mayor to subpoena witnesses, administer oaths, and
compel production of books, documents, or other evidence. Failure to obey such
subpoena or produce books, documents, or other tangible evidence as ordered under the
provisions of this Section shall constitute cause for removal from office. (Amended May 7,
2005)
Section 3.11
Ordinances in General:
The City Council shall legislate by ordinance, and the enacting clause of every ordinance
shall be, "Be it ordained by the City Council of the City of Colleyville." The City Attorney
shall approve as to legality prior to final action by the City Council. Every ordinance
enacted by the City Council shall be signed by the Mayor or Mayor Pro-Tem in the Mayor's
absence, and shall be filed with and recorded by the City Secretary. All ordinances
exclusive of emergency ordinances as defined by Section 3.12, shall be read in open
meeting of the City Council at two (2) consecutive regular City Council meetings. The
caption only of each proposed ordinance shall be read at the first and second reading,
provided, that upon the request of any three (3) members of the City Council, the
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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
after being 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. (Amended
November 7, 1995)
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. (Amended May 7, 2005)
Section 3.13
Resolutions:
Any official action of the City Council not authorized by ordinance shall be authorized by
resolution. All resolutions shall be read in open meeting of the City Council and shall be
followed by public hearing. (Amended April 7, 1984)
ARTICLE IV
ELECTIONS
Section 4.01
Laws Governing City Elections:
All City elections shall be governed, except as otherwise provided by this Charter, by State
law governing general and municipal elections, so far as State law may be applicable
thereto. In the event there should be any failure of 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. If the election is conducted fairly and in substantial
compliance with State law, and the Charter and ordinances of the City, the election shall
not be invalidated. (Amended May 7,2005)
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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 State law
regulating all municipal elections and in accordance with the ordinances and resolutions
adopted by the City Council for the conduct of elections. (Amended May 7,2005)
Section 4.03
Special Elections:
The City Council may by ordinance or resolution call such Special Elections as are
authorized by State law 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, to
adequately inform the qualified voters of the City.
Section 4.05
Run-Off Election:
I n the event that no candidate for a designated office received a majority of all votes
cast for that position in the regular or special election, a run off election shall be held as
required by State law.
Section 4.06
Election by Majority:
The candidate for each position on the ballot who shall have received the majority of all
votes cast for such position shall be declared elected.
Section 4.07
Public Disclosure:
At the time of filing of a candidate for a City office, the candidate shall deliver to the City
Secretary a disclosure statement containing the following information:
(A) The location, size, and current use of all property owned within the city or within
any contiguous 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. (Amended May 7,2005)
(B) The name and address of any person or corporation which currently has or
during the preceding twelve (12) months has had a contractual relationship with the
City and from which the candidate, their spouse or dependent minor children have
received a fee, salary, or gift of a value exceeding one hundred dollars ($100.00)
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(C) The name and address of any corporation or business, which currently has or
in the preceding twelve (12) months has had a contractual relationship with the
City, of which the candidate, their spouse, or any dependent minor children own
more that two percent (2%) of the outstanding equity interest or more than two
percent (2%) of the assets. (Amended January 18, 1992)
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 following applicable oath or affirmation
to be filed and kept in the office of the City Secretary.
(A) For elected officers. "I , do solemnly swear (or affirm) that I will faithfully
execute the duties of , of the City of Colleyville, 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 thing, or promised any public office or
employment, as a reward for the giving or withholding of a vote at the election at
which I was elected. So help me God." (Amended May 7,2005)
(B) For appointed officers. "I , do solemnly swear (or affirm) that I will
faithfully execute the duties of , of the City of Colleyville, 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 thing, or promised any public office or
employment, as a reward to secure my appointment or the confirmation thereof.
So help me God. (Amended May 7,2005)
ARTICLE V
RECALL OF OFFICERS BY THE PEOPLE
Section 5.01
Scope of Recall:
All members of the City Council shall be subject to recall and removal from office by the
qualified voters of the city. (Amended May 7,2005)
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 thirty percent (30 %) of the number
of votes cast in the last regular municipal election of the City, and in no event less than five
hundred (500) such petitioners. Each signer of such recall petition shall personally sign
their name thereto in ink or indelible pencil, using their normal signature. In addition, each
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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 May 7,2005)
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, misconduct, or malfeasance in office, shall specifically state each
ground with such certainty as to give the officer sought to be removed, notice of the
matters and things with which he is charged.
The signature shall be verified by oath in the following form:
STATE OF TEXAS
COUNTY OF TARRANT
, being first duly sworn, on oath deposes and says that I am one (1) of the signers of the
above petition and that the statements made therein are true, and that each signature appearing thereto was
made in my presence on the day and date it purports to have been made, and I solemnly swear that the
same is the genuine signature of the person whose name it purports to be.
SWORN AND SUBSCRIBED TO before me this _ day of
,20
Notary Public in and for
The State of Texas
Section 5.04
Various Papers Constituting Petition:
Within ten (10) days from the filing of such petition, the City Secretary shall examine the
same and from the list of qualified voters ascertain whether or not said petition is signed by
the requisite number of qualified voters, and, if necessary, the City Council shall allow him
extra help for that purpose, and he shall attach to said petition a certificate showing the
result of such examination. If by the City Secretary's certificate the petition is shown to be
insufficient, it may be amended within ten (10) days from the date of said certificate. The
City Secretary shall, within ten (10) days after such amendment is filed, in case one (1) is
filed with him, make a like examination of said amended petition, and if his certificate shall
show the same to be insufficient, it shall be returned to the person filing same without
prejudice, however, to the filing of a new petition based upon new and different grounds,
and not upon the same grounds. (Amended April 7, 1984)
Section 5.05
Presentation of Petition to the City Council:
Within fifteen (15) days after the date of filing of the papers constituting the recall petition,
the person performing the duties of the City Secretary shall present such petition to the
City Council of the City of Colleyville at a special meeting called for-this purpose, or at the
next regular meeting of the City Council. (Amended April 7, 1984)
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Section 5.06
Public Hearing to be Held:
The officer whose removal is sought may, within five (5) days after such recall petition has
been presented to the City Council, request that a public hearing be held to permit him to
present facts pertinent to the charges specified in the recall petition. In this event, the City
Council shall order such public hearing to be held not less than ten (10) days nor more
than twenty (20) days after receiving such request for a public hearing.
Section 5.07
Election to be Called:
If an officer whose removal is sought does not resign, the City Council shall order an
election and fix a date for holding such recall election within thirty (30) days of the date of
the petition; provided, however, if an election cannot be called within said thirty (30) day
period, then the date of the election shall be the first date an election may be called under
State law. (Amended January 18, 1992)
Section 5.08
Ballots in Recall Election:
Ballots used at recall elections shall conform to the following requirements:
(A) With respect to each person whose removal is sought, the question shall be
submitted: "Shall (name of person) be removed from the office of (name of office)
by recall?"
(B) Immediately below each such question there shall be printed the following
words, one (1) above the other, in the order indicated:
FOR the recall of (name of person).
AGAINST the recall of (name of person).
Section 5.09
Result of Recall Election:
If the majority of the votes cast at a recall election shall be against the recall of the person
named on the ballot, he shall continue in office for the remainder of his unexpired term,
subject to recall as specified in this Charter. If a majority of the votes cast at such election
be for the recall of the person named on the ballot, he shall, regardless of any technical
defects in the recall petition, be deemed removed from office and the vacancy shall be
filled as provided in Section 3.05 of this Charter.
Section 5.10
Recall, Restrictions Thereon:
No recall petition shall be filed against any officer of the City within six (6) months after his
election, nor within six (6) months after an election for such officer's recall. Nothing herein
shall prevent impeachment of an officer of the City nor removal for other causes as
provided for herein.
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Section 5.11
Failure of City Council to Call an Election:
I n case all of the requirements of this Charter shall have been met and the City Council
shall fail or refuse to receive the recall petition, or order such recall election, or discharge
other duties imposed upon said City Council by the provisions of this Charter with
reference to such recall, then the County Judge of Tarrant County, Texas, may discharge
any such duties herein provided to be discharged by the City Secretary or by the City
Council.
ARTICLE VI
LEGISLATION BY THE PEOPLE, INITIATIVE
AND REFERENDUM
Section 6.01
General Power:
The qualified voters of the City of Colleyville, in addition to the method of legislation
hereinbefore provided, shall have the power of direct legislation by the initiative and
referendum.
Section 6.02
Initiative:
The people of the City of Colleyville reserve the power of direct legislation by initiative, and
in exercise of such power may initiate legislation by submitting a petition addressed to the
City Council, which requests the submission of a proposed ordinance or
resolution to a vote of the qualified voters of the City. Said petition must be signed by
qualified voters of the City equal in number to at least forty percent (40%) of the number of
votes cast at the last regular municipal election of the City, but in no event less than five
hundred (500) such petitioners. Each copy of the petition shall have attached to it a copy
of the proposed legislation. The petition shall be signed in the same manner as recall
petitions are signed as provided in Section 5.02 of this Charter, and shall be verified by
oath in the manner and form provided by recall petitions in Section 5.03 of this Charter.
The petition may consist of one (1) or more copies as permitted for recall petitions in
Section 5.04 of this Charter. Such petition shall be filed with the person performing the
duties of the City Secretary and must be certified as required by Section 5.04 of this
Charter. At the next regular City Council meeting after the filing of such a petition, the
person performing the duties of City Secretary shall present said petition and proposed
ordinance or resolution to the City Council. Upon presentation of the petition and draft of
proposed ordinance or resolution, the City Council shall pass and adopt such ordinance or
resolution as provided in Article III of this Charter, without alteration as to meaning or effect
in the opinion of the person filing the petition, or call a special election, as provided by law,
at which the qualified voters of the City shall vote on the question of adopting or rejecting
the proposed legislation. However, if any other municipal election is to be held within sixty
(60) days after the filing of the petition, the question may be voted on at such election.
(Amended April 7, 1984)
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Section 6.03
Referendum:
Qualified voters of the City may require that any ordinance or resolution, with the exception
of ordinances or resolutions authorizing the issuance of either tax bonds or revenue
bonds, whether original or refunding, passed by the City Council be submitted to the voters
of the City for approval or disapproval, by submitting a petition for this purpose within
ninety (90) days after final passage of said ordinance or resolution, or within ninety (90)
days after its publication. Said petition shall be addressed, prepared, signed, and verified
as required for petitions initiating legislation as provided in Section 6.02 of this Charter,
and shall be submitted to the person performing the duties of City Secretary. Immediately
upon the filing of such petition, the person performing the duties of City Secretary shall
present said petition to the City Council. Thereupon the City Council shall immediately
reconsider such ordinance or resolution, and if it does not entirely repeal the same, shall
submit it to popular vote as provided in Section 6.02 of this Charter. Pending the holding
of such election, such ordinance or resolution shall be suspended from taking effect and
shall not later take effect unless a majority of the qualified voters voting thereon at such
election shall vote in favor thereon.
Should the popular vote be to uphold the ordinance or resolution, no other referendum
election may be held on the same and/or similar ordinance or resolution within six (6)
months. But should the same and/or similar ordinance or resolution be passed by the City
Council after invalidation by popular vote, a referendum petition may be filed again as
outlined in Article VI of this Charter.
Section 6.04
Voluntary Submission of Legislation by the City Council:
The City Council, upon its own motion and by a majority vote of its members, may submit
to popular vote at any election for adoption or rejection any proposed ordinance or
resolution or measure, in the same manner and with the same force and effect as provided
in this Article for submission on petition, and may in its discretion call a special election as
provided by State law for this purpose.
Section 6.05
Form of Ballots:
The ballots used when voting upon such proposed and referred ordinances, resolutions or
measures, shall set forth their nature sufficiently to identify them and shall also set forth
upon separate lines the words:
"FOR THE ORDINANCE" and
"AGAINST THE ORDINANCE", or
"FOR THE RESOLUTION" and
"AGAINST THE RESOLUTION".
Section 6.06
Publication of Proposed and Referred Ordinance or Resolution:
The person performing the duties of City Secretary shall publish at least once in the official
newspaper of the City, the notice of special referendum election and the preamble of
proposed or referred ordinance or resolution, and shall give such other notices and do
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such other things relative to such election as are required in general municipal elections or
by the ordinance or resolution calling said election.
Section 6.07
Adoption of Ordinances or Resolutions by Referendum or
Initiative: .
If a majority of the qualified voters voting on a proposed ordinance or resolution or
measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become
effective. No signature of the Mayor shall be required. (Amended May 7, 2005)
Section 6.08
Inconsistent Ordinances or Resolutions:
If the provisions of two (2) or more proposed ordinances or resolutions approved at the
same election are inconsistent, the ordinance or resolution receiving the highest number
votes shall prevail.
Section 6.09
Ordinances or Resolutions Passed by Popular Vote, Repeal or
Amendment:
No ordinance or resolution which may have been passed by the City Council upon petition
or as a result of a popular vote under the provisions of this article shall be repealed or
amended for a period of five (5) years, unless there is included in such ordinance or
resolution a clause which establishes a lesser period of time in which said ordinance or
resolution shall not be repealed or amended, or unless said ordinance or resolution is
repealed or amended upon referendum vote or by submission as provided in Section 6.02
of this Charter. (Amended April 7, 1979)
Section 6.10
Further Regulations by City Council:
The City Council may pass ordinances or resolutions providing other and further
regulations for carrying out the provisions of this Article not inconsistent herewith.
Section 6.11
Franchise Ordinances:
Nothing contained in this Article shall be construed to be in conflict with any of the
provisions of this Charter pertaining to ordinances granting franchises. (Amended May 7,
2005)
Section 6.12
Compelling Submission:
In the event a court of competent jurisdiction renders a final, nonappealable judgment
directing issuance of a writ of mandamus compelling the City Council to comply with the
duties imposed upon it by Sections 6.02 or 6.03 of this Charter the City shall pay the
reasonable attorney's fees incurred by the person or persons bringing the action to compel
compliance with same. (Amended April 7, 1984)
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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
reside outside the City while in office without the approval of the City Council.
(Amended January 18, 1992)
(B) Removal. The City Manager may be removed from office by a vote of not less
than four (4) members of the City Council. The Mayor shall be entitled to vote on
the removal of the City Manager. (Amended January 18, 1992)
(C) Acting City Manager. By a letter filed with the City Secretary, the City Manager
may designate a City officer or employee to exercise the powers and perform the
duties of the City Manager during the City Manager's temporary absence or
disability. The City Council may revoke the 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;
(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;
17
(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;
(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. (Amended January 18, 1992)
Section 7.02
City Secretary:
The City Manager shall appoint a qualified individual to fill the position of City Secretary.
The City Secretary shall not be appointed for a definite term, but may be removed from
office by the City Manager. The City Secretary shall: (Amended May 7,2005)
(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 State law 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.
18
(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 for an
indefinite term. The Chief of Police shall be fully responsible to the City Manager
for the administration of his Department, and for the carrying out and enforcement
of the resolutions and ordinances of the City Council. He may be removed from
office by said City Manager. (Amended May 7,2005)
(B) Special Police and Reserve Police. No person, except as authorized by
general law, by this Charter, or by the ordinances passed pursuant hereto, shall act
as a special police officer or reserve police officer. No person holding an elective
office may act as a reserve police officer. (Amended April 7, 1984)
Section 7.04
Fire Department:
There shall be established and maintained a Fire Department to provide means for
protection against conflagrations and other disasters and to provide for the maintenance,
support, and regulation of a Fire Department and for the guarding against fires.
(A) Fire Chief. The Fire Chief shall be the chief administrative officer of the Fire
Department. He shall appoint and remove the employees of said department and
shall perform such duties as may be required by the City Manager. The Fire Chief
shall be appointed by the City Manager for an indefinite term. The Fire Chief shall
be fully responsible to the City Manager for the administration of his department,
and for the carrying out and enforcement of the resolutions and ordinances of the
City Council. He may be removed from office by said City Manager. (Amended
May 7,2005)
(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.
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 for an indefinite term. The Director
of Public Works shall be fully responsible to the City Manager for the administration of his
Department, and for the carrying out and enforcement of the resolutions and ordinances of
the City Council. He may be removed from Office by said City Manager. (Amended May
7,2005)
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Section 7.06
Department of Finance:
There shall be a Department of Finance headed by the City Manager or his appointee.
The City Manager may appoint a deputy director of finance who may be the City Collector
of Taxes. (Amended May 7,2005)
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.
ARTICLE VIII
LEGAL AND JUDICIAL SERVICES
Section 8.01
Municipal Court:
There shall be established and maintained a court designated as a "Municipal Court in the
City of Colleyville", for the trial of misdemeanor offenses, with all such powers and duties
as are now or hereafter may be prescribed by State law relative to municipal courts. All
fines imposed by said court shall be paid into the City Treasury for the use and benefit of
the City.
Section 8.02
Judge of the Municipal Court:
The Judge of the Municipal Court shall be appointed by the City Council to serve at the
discretion of the City Council. He shall be an attorney licensed and practicing in the State
of Texas, and shall receive such salary as may be fixed by the City Council. In case of the
disability or absence of the Judge of the Municipal Court, the City Council shall appoint a
qualified person to act in his place.
Section 8.03
Clerk of the Municipal Court:
There shall be a clerk of the Municipal Court to be appointed by the City Manager. 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. (Amended May 7,2005)
20
Section 8.04
City Attorney: (Amended May 7, 2005)
The City Council shall appoint a competent and duly licensed attorney practicing law in the
State of Texas, who shall be the Attorney for the City (and may also be referred to as City
Attorney). He shall receive for his services such compensation as may be fixed by the City
Council and shall hold his office at the pleasure of the City Council. The City Council may
contract with an attorney or with a firm of attorneys who may designate 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 litigation. The City Council shall have the right to retain special counsel at anytime
they may deem it appropriate and/or necessary.
The City Attorney shall be the legal advisor of, and attorney and counsel for, the City and
all officers and departments thereof and attend all meetings as deemed necessary by the
City Council.
The City Attorney shall review and concur or dissent upon all documents, contracts, and
legal instruments in which the City may have an interest.
The City Attorney shall perform other duties prescribed by this Charter, ordinance, or as
directed by the City Council.
ARTICLE IX
MUNICIPAL FINANCE
Section 9.01
Fiscal Year:
The fiscal year of the City shall begin on the first day of October and end the last day of
September of each calendar year. Such fiscal year shall also constitute the Budget and
Accounting Year.
Section 9.02
Annual Budget:
(A) Content. The budget shall provide a complete financial plan of all City funds
and activities and, except as required by State law or this Charter, shall be in such
form as the City Manager deems desirable or the City Council may require. A
budget message explaining the budget both in fiscal terms and in terms of the work
programs shall be submitted with the budget. It shall outline the proposed financial
policies of the City for the ensuing fiscal year, describe the important features of the
budget, indicate any major changes from the current year in financial policies,
expenditures, and revenues, with reason for such changes. It shall also summarize
the City's debt position and include such other material as the City Manager deems
advisable. The budget shall begin with a clear, general summary of its contents,
shall show in detail all estimated income, indicating the proposed property tax levy,
and all proposed expenditures, including debt service, for the ensuing fiscal year.
The proposed budget expenditures shall not exceed the total of estimated income.
The budget shall be so arranged as to show comparative figures for actual and
21
estimated income and expenditures of the preceding fiscal year, compared to the
estimate for the budgeted year. It shall include in separate sections:
(1) An itemized estimate of the expense of conducting each department,
division and office.
(2) Reasons for proposed increases or decreases of such items of
expenditure compared with the current fiscal year.
(3) A separate schedule for each department, indicating tasks to be
accomplished by the department during the year, and additional desirable
tasks to be accomplished if possible.
(4) A statement of the total probable income of the City from taxes for the
period covered by the estimate.
(5) Tax levies, rates, and collections for the preceding five (5) years.
(6) An itemization of all anticipated revenue from sources other than the
tax levy.
(7) The amount required for interest on the City's debts, for sinking fund
and for maturing serial bonds.
(8) The total amount of outstanding City debt, with a schedule of
maturities on bond issues.
(9) Such other information as may be required by the City Council.
(10) Anticipated net surplus or deficit for the ensuing fiscal year of each
utility owned or operated by the City and the proposed method of its
disposition; subsidiary budgets for each utility giving detailed income and
expenditure information shall be attached as appendices to the budget.
(11) A Capital Program, which may be revised and extended each year to
indicate capital improvements pending or in process of construction or
acquisition, and shall include the following items:
a. A summary of proposed programs;
b. A list of all capital improvements which are proposed to be
undertaken during the five (5) fiscal years next ensuing, with
appropriate supporting information as to the necessity for such
improvements;
c. Cost estimates, method of financing and recommended time
schedules for each such improvement; and
d. The estimated annual cost of operating and maintaining the
22
facilities to be constructed or acquired.
e. A statement indicating the relationship to, and whether each such
improvement is considered with the Master Plan. (Amended
November 7, 1995)
(B) Submission: The City Manager shall submit to the City Council a proposed
budget and accompanying message. The City Council shall review the proposed
budget and revise as deemed appropriate prior to general circulation for public
hearings. (Amended April 7, 1979)
(C) Public Notice and Hearing: The City Council shall post in the City Hall and
publish in the official newspaper not more than fourteen (14) days prior to each
public hearing on the budget a notice stating the time and place where copies of the
message and budget are available for inspection by the public, and the time and
place of each public hearing on the budget. The City Council may consider, holding
public hearings and adopt the budget at regular meetings called by the City Council
for that purpose, notwithstanding the provisions of Section 3.11 of this Charter
requiring action at two (2) consecutive regular City Council meetings. (Amended
April 7, 1979)
(D) Amendment before Adoption: After the public hearings, the City Council may
adopt the budget with or without amendment. In amending the budget, it may add
or increase programs or amounts and may delete or decrease any programs or
amounts, except expenditures required by law or for debt service or for estimated
cash deficit, provided that no amendment to the budget shall increase the
authorized expenditures to an amount greater that the total of estimated income
plus funds available from prior years.
(E) Adoption: The City Council shall adopt the budget by ordinance not later than
the second regular City Council meeting in September of the current fiscal year.
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 May 7, 2005)
(F) Failure: If the City Council fails to adopt the budget by the second regular City
Council meeting 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
the second regular City Council meeting in September of the current fiscal year.
(Amended May 7,2005)
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Section 9.03
Public Records:
Copies of the approved budget, capital improvement program, and supporting papers shall
be filed with the City Secretary and shall be public records available to the public upon
request.
Section 9.04
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, make supplemental
appropriations to retire indebtedness or to fund emergency appropriations as
described in Section 9.04 in this Charter. (Amended May 7, 2005)
(B) Emergency Appropriations. To meet a public emergency created by a natural
disaster or man-made calamity affecting life, health, property, or the public peace,
the City Council may make emergency appropriations. Such appropriations may
be made by emergency ordinance in accordance with the provisions of this Charter.
To the extent that there are no available unappropriated revenues to meet such
appropriations, the City Council may by such emergency ordinance authorize the
issuance of emergency notes, which may be renewed from time to time.
(C) Reduction of Appropriations. If at any time during the fiscal year it appears
probable to the City Manager that the revenues available will be insufficient to meet
the amount appropriated, he shall report to the City Council without delay,
indicating the estimated amount of the deficit, any remedial actions taken by him
and his recommendations as to any other steps to be taken. The City Council shall
then take such further action as it deems necessary to prevent or minimize any
deficit and for that purpose it may by ordinance reduce one (1) or more
appropriations.
(D) Transfer of Appropriations. At any time during the fiscal year the City Manager
may transfer part or all of any unencumbered appropriation balance among
programs within a department, division, or office and, upon written request by the
City Manager, the City Council may by ordinance transfer part or all of any
unencumbered appropriation balance from one (1) department, office or agency to
another.
(E) Limitations. No appropriation for debt service may be reduced below
any amount required by law to be appropriated or by more than the amount of the
unencumbered balance thereof.
(F) Effective Date. The supplemental and emergency appropriations and reduction
or transfer or appropriations authorized by this section may be made effective
immediately upon adoption of the ordinance.
24
Section 9.05
Lapse of Appropriations:
Every appropriation, (except an appropriation for a capital expenditure), shall lapse at the
close of the fiscal year to the extent that it has not been expended or encumbered. An
appropriation for a capital expenditure shall continue in force until the purpose for which it
was made has been accomplished or abandoned; the purpose of any such appropriation
shall be deemed abandoned if three (3) years pass without any disbursement from or
encumbrance of the appropriation.
Section 9.06
Administration of Budget:
(A) Payments and Obligations Prohibited. No payment shall be made or obligation
incurred against any allotment or appropriation except in accordance with
appropriations duly made and unless the City Manager or his designee first certifies
that there is a sufficient unencumbered balance in such allotment or appropriations
and that sufficient funds therefrom are or will be available to cover the claim or meet
the obligation when it becomes due and payable. Any authorization of payment or
incurring of obligation in violation of the provisions of this Charter shall be void and
any payment so made illegal. Such action shall be cause for removal of any officer
who knowingly authorized or made such payment or incurred such obligations, and
he shall also be liable to the City for any amount so paid. However, this prohibition
shall not be construed to prevent the making or authorizing of payments or making
of contracts for capital improvements to be financed wholly or partly by the
issuance of bonds, time warrants, certificates of indebtedness, or certificates of
obligation, or to prevent the making of any contract or lease providing for payments
beyond the end of the fiscal year, provided that such action is made or approved by
ordinance.
(B) Financial Reports. The City Manager shall submit to the City Council at its
second formal meeting each month the financial condition of the City by budget
items, budget estimates versus accruals for the preceding month and for the fiscal
year to date. Such records are to be made public by the City Council during open
meeting. The financial records of the City will be maintained in accordance with
accepted principles recommended by the American Institute of Certified Public
Accountants and by the National Committee on Governmental Accounting.
(Amended April 7, 1979)
(C) Independent Audit. At the close of each fiscal year, and at such times as it
may be deemed necessary, the City Council shall cause an independent audit to be
made of all accounts of the City by a certified public accountant. Upon completion
of the audit, the results thereof in a summary form shall be placed on file in the City
Secretary's office as a public record.
Section 9.07
Borrowing:
The City Council shall have the power, except as prohibited by law, to borrow money by
whatever method it may deem to be in the public interest.
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(A) General Obligation Bonds. The City shall have the power to borrow money on
the credit of the City and to issue general obligation bonds for permanent public
improvements or for any other public purpose not prohibited by the Constitution and
State law, and to issue refunding bonds to refund outstanding bonds of the City
previously issued. All such bonds shall be issued in conformity with the State law.
(B) Revenue Bonds. The City shall have the power to borrow money for the
purpose of constructing, purchasing, improving, extending or repairing of public
utilities, recreational facilities or any other self-liquidating municipal function not
prohibited by the Constitution and State law, and to issue revenue bonds to
evidence the obligation created thereby. Such bonds shall be a charge upon and
payable from properties, or interest therein pledged, or the income therefrom, or
both. The holders of the revenue bonds shall never have the right to demand
payment thereof out of monies raised or to be raised by taxation. All such bonds
shall be issued in conformity with State law.
(C) Bonds Incontestable. All bonds of the City having been issued and sold and
having been delivered to the purchaser thereof, shall thereafter be incontestable
and all bonds issued to refund in exchange for outstanding bonds previously issued
shall and after said exchange, be incontestable.
(D) Borrowing in Anticipation of Property Tax. In any Budget year, the City Council
may, by resolution, authorize the borrowing of money in anticipation of the
collection of the property tax for the same year whether levied or to be levied.
Notes may be issued for periods not exceeding one (1) year and must be retired by
the end of the budget year in which issued.
(E) Use of Bond Funds. Any and all bond funds approved by a vote of the citizens
of Colleyville will be expended only for the purposes stated in the bond issue.
(F) Certificates of Obligation. All certificates of obligation issued by the City shall
be approved by ordinance and issued in accordance with State law.
Section 9.08
Purchasing:
The City Council may confer upon the City Manager general authority to contract for
expenditures without further approval of the City Council for all budgeted items not
exceeding limits set by the City Councilor State law.
Section 9.09
Specified Reserve Fund:
Specified reserve funds may be created for specific purposes, and may be used only for
such purposes.
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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 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 bearing upon the functions of his office, in a sum which shall be
fixed by the City Council at not less than one hundred thousand dollars ($100,000).
(Amended May 7,2005)
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, 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
law.
Section 10.03
Limitation on Tax Rate:
The maximum tax rate shall not exceed one dollar and fifty cents ($1.50) on the one
hundred dollars ($100.00) valuation of taxable property within the City. Any tax rate set
per budget year shall not result in an ad valorem tax revenue increase greater than seven
percent (7%) of the total ad valorem tax revenue collected in the preceding budget unless
authorized by the voters of the City at a special election. (For the purpose of the
preceding limitation, any additional ad valorem tax revenue generated or attributable to
construction within a preceding budget year shall not be considered in determining
whether the tax revenue increase is more than seven percent (7%) of the preceding
budget year). (Amended April 7, 1984)
Section 10.04
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 1 st. Taxes shall be paid on or before
January 31 st, and all such taxes not paid on or prior to such date shall be deemed
delinquent and shall be subject to such penalty and interest as authorized by State law.
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. (Amended May 7,2005)
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 year, upon which the tax is due, which lien, charge
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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 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. (Amended May 7,
2005 )
ARTICLE XI
PLANNING AND ZONING, BOARD OF ADJUSTMENTS
Section 11.01
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 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 created by resignation, removal by
vote of a majority of the City Council, or by any other reason shall be filled by the City
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. (Amended May 7,2005)
Section 11.02
Powers and Duties:
The Planning and Zoning Commission shall:
(A) Recommend a City Plan for the physical development of the City.
(B) Recommend to the City Council, approval or disapproval of proposed changes
in the Zoning Plan.
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(C) Exercise control over the platting or subdividing of land within the corporate
limits of the City and outside same corporate limits to the extent authorized by State
law; provided, however, this grant of authority shall not limit the City Council's right
to provide that the City Council shall have final approval of plats, as provided by
State law (Amended April 4, 1981)
The Commission shall be responsible to and act as an advisory body to the City Council,
and shall have and perform such additional duties as may be prescribed by ordinance.
Section 11.03
The Master Plan:
The Master Plan for the physical development of the City of Colleyville shall contain the
Commission's recommendations for growth, development and beautification of the City. A
copy of the Master Plan, or any part thereof, shall be forwarded to the City Council, which
may adopt this plan in whole or in parts, and may adopt any amendment thereto after at
least one (1) public hearing on the proposed action. The Commission shall act on such
plan, or part thereof, and again forward it to the City Council for consideration.
All amendments to the Master Plan recommended by the Commission shall be submitted
in the same manner as outlined above to the City Council for approval, and all other
recommendations affecting the Master Plan shall be accompanied by a recommendation
from Planning and Zoning Commission.
Section 11.04
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. 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 May 7,2005)
Section 11.05
Zoning Board of Adjustment:
There shall be a Zoning Board of Adjustment as specified by State law. Vacancies which
are created by resignation, or for any other reason shall be filled by the City Council for the
remainder of the term. (Amended May 7,2005)
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
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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.
ARTICLE XII
FRANCHISES, PUBLIC UTILITIES AND OTHER USERS OF PUBLIC PROPERTY
Section 12.01
Powers of the City:
In addition to the City's power to buy, construct, lease, maintain, operate, and regulate
public utilities and other users of public property, including, but not limited to users of the
public rights-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. Such powers to regulate the
use of public property includes, but is not limited to, the right to require relocation of
facilities in the public rights-of-way, streets and utility easements, within or without the City
Limits, at the facility owners cost for any City public works project to the fullest extent
allowed the City now and as may hereafter be permitted by the Constitution and State law.
(Amended May 7, 2005)
Section 12.02
Power to Grant Franchise:
The City Council shall have the power by ordinance to grant, renew, and extend all
franchises for all public utilities of every character and consents and agreements as to all
other users of public property, including, but not limited to users of the public rights-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. (Amended
May 7, 2005)
Section 12.03
Grant Not to be Exclusive:
No grant or franchise to construct, maintain or operate a public utility and no renewal or
extension of such grant or franchise shall be exclusive.
Section 12.04
Transfer of Franchise:
No public utility franchise shall be transferable except with the approval of the 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 pledging said franchise
as security for a valid debt or mortgage. (Amended May 7,2005)
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Section 12.05
Right of Regulation:
All grants, renewals, extensions, or amendments of public utility franchises and consents
and agreements as to all other users of public property, including, but not limited to users
of the public rights-of-way, streets and utility easements, whether it be so provided in the
ordinance or not, shall be subject to the right of the City: (Amended May 7,2005)
(A) To repeal the same by ordinance at any time for failure to begin construction or
operation within the time prescribed or otherwise to comply with the terms of the
franchise, such power to be exercised only after due notice and hearing.
(B) To require an adequate extension of plant and service as is necessary to
provide adequate service to the public, and maintenance of the plant and fixtures at
the highest reasonable standard of efficiency.
(C) To impose regulations to insure safe, efficient and continuous service to the
public.
(D) To require at any time such compensation and rental as may be permitted by
State law.
(E) To require the franchisee to restore at the franchisee's expense, all public or
private property to a condition equally as good as or better than before disturbed by
construction, repair or removal. The franchise holder in opening and refilling of all
earth openings shall re-Iay the pavement and do all other work necessary to
complete restoration of streets, sidewalks or grounds to a condition equally as good
or better as when disturbed.
(F) To require every franchisee to furnish within a reasonable time to the City,
without cost to the City, a general map, with updates outlining the location,
character, size, length, and terminals of all facilities of such franchisee in, over, and
under ground of property in the City and to provide detailed information on request.
Section 12.06
Extensions:
All extensions of service of public utilities and of all other users of public property,
including, but not limited to users of the public rights-of-way, streets and utility easements,
within the City limits shall become a part of the aggregate property of the public utility, shall
operate as such, and shall be subject to all the obligations and reserved rights contained in
this Charter and in any original grant hereafter made. The right to use and maintain any
extension shall terminate with the original grant and shall be terminable as provided in
Section 12.05 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. (Amended May 7,2005)
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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 adjoumed. 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
Public Service Corporations to File Annual Reports:
The City Council shall require all public service Corporations operating within the corporate
limits of the City to file a sworn annual report of the receipts from the operation of the said
business for the current year, how expended, how much thereof for betterments or
improvements, the rate of tolls or charges for services rendered to the public, and any
other facts or information that the City Council may deem pertinent for its use including
reports on operations within the City in intelligently passing upon any questions that may
arise between the City and said public service corporations; said reports to be filed with
the City Secretary, and preserved for the use of the City Council. Such reports shall be
reviewed annually by the City Council to determine the propriety of the rates being
charged.
Any public service corporation, partnership, or proprietorship who shall for a thirty (30) day
period willfully refuse or fail to report in the manner provided by this Charter shall forfeit
and pay to the City the sum of one hundred dollars ($100.00), per day for each and every
day during which it shall continue in default; or, if any such enterprise shall file any report,
knowing that the same does not truly report the facts about the matters mentioned therein,
it shall forfeit and pay to the City the sum of one thousand dollars ($1,000.00) for each
such willfully false report and shall be liable for submittal of a corrected report within two
(2) weeks from notification by the City of any errors under the same penalty provisions as
the original report.
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Section 12.09
Accounts of Municipally Owned Utilities:
Accounts shall be kept for each public utility owned or operated by the City, in such
manner as to show the true and complete financial results of such City ownership and
operation, including all assets, appropriately subdivided into different classes, all liabilities
subdivided by classes, depreciation reserve, and surplus; also revenues, operating
expenses including depreciation, interest payments, rental and other disposition of annual
income. The accounts shall show the actual capital cost to the City of each public utility
owned, also the cost of all extensions, additions and improvements and the source of the
funds expended for such capital purposes. They shall show as nearly as possible the cost
of any service furnished to or rendered by any such utility to any other city or governmental
department. The City Council shall annually cause to be made by a certified public
accountant and shall publish a report showing the financial results of such City ownership
and operation, giving the information specified in this Section and such other data as the
City Council shall deem expedient.
Section 12.10
Sales of Municipal Services:
The 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, including but not limited to cable television
services, telecommunications services, information services and other electronically
transmitted services, whether transmitted by radio waves, light wave or impulses,
by digital transmissions or otherwise, unless expressly prohibited by the State or
Federal law. (Amended May 7,2005)
(B) To establish specifications for materials and construction used within or beyond
the limits of the City for such municipal services; inspect same and require such
materials to be kept in good order and condition at all times; make such rules and
regulations as shall be necessary and proper; and prescribe penalties for
noncompliance with same.
Section 12.11
Franchise Records:
The City shall compile and maintain a public record of public utility franchises.
ARTICLE XIII
TRANSITIONAL PROVISIONS
Section 13.01
Schedule:
(A) This Charter shall take effect immediately following adoption by the voters, and
shall be fully operable within one (1) year after adoption, except as provided in
paragraph C of this section.
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(B) Upon adoption of this Charter, the present Mayor and members of the City
Council filling elective offices shall continue to fill those offices for the terms to
which they were elected. The City Council shall be elected as provided in Article 3
of this Charter. Persons, who on the date this Charter is adopted, are filling
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. (Amended May 7,2005)
(C) Prior to the initial election of the City Council Person for Place 6, the following
provisions shall apply: (Amended May 7, 2005)
(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
Manager,
(3) Special meetings 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 readings of an ordinance.
Section 13.02
Officers and Employees:
(A) Rights and Privileges Preserved. Nothing in this Charter except as otherwise
specifically provided shall effect or impair the rights ~r privileges of persons who are
City officers or employees at the time of its adoption.
(B) Personnel System. An employee holding a City position at the time this
Charter takes full effect, who was serving in that same or a comparable position at
the time of its adoption, shall not be subject to competitive tests as a condition of
continuance in the same position but in all other respects shall be subject to the
personnel system.
Section 13.03
Preservations of Contract Rights:
All rights, claims, actions, orders, contracts, franchises, and legal or administrative
proceedings in existence at the time of the adoption of this Charter shall continue until
consummation. All renewals or new rights, claims, actions, orders, contracts, franchises,
and legal or administrative proceedings arising after the adoption of this Charter shall be
conducted pursuant to the Charter.
34
Section 13.04
Franchises:
Within six (6) months after the effective date of the adoption of the original Charter, every
public utility and every owner of a public utility franchise shall file with the City certified
copies of all franchises owned or claimed, or under which such utility is operated in the
City.
ARTICLE XIV
GENERAL PROVISIONS
Section 14.01
Publicity of Records:
All record and accounts of every office, department, or agency of the City shall be open to
inspection by any individual subject to public inspection as provided by State law .
(Amended May 7,2005)
Section 14.02
Personal Financial Interest: (Amended May 7,2005)
This section shall apply to all elected and appointed City officials, members of
commissions, boards, committees and City employees.
(A) 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 holding such office
or position
(B) 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.
(C) Discretionary Authority. No person shall make a decision or exercise their
discretionary authority with regard to an entity in which he or she has a financial
interest as prohibited by State law.
(D) No person shall grant, accept or solicit in the discharge of his official duties any
favor or personal benefit, service or thing of value to any person or entity in violation
of State law.
(E) Notice. Any person who shall have a conflict of interest under paragraph B
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.
(F) Citizen Complaints. Any citizen of the City may file with the City Secretary a
statement of suspected conflict of interest. Such statement of suspected conflict of
interest shall be filed within fifteen (15) days of the decision, vote, or other event
35
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.
(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.
(H) 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.
(I) 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.
(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
Nepotism:
No person related within the second degree by affinity, or within the third degree by
consanguinity to any elected officer of the City, or to the City Manager, shall be appointed
to any office, position or clerkship or other service to the City. This prohibition shall not
apply; however, to any person who shall have been continuously employed by the City for
a period of two (2) years prior to the election of the Mayor, City Council Person or
appointment of the City Manager so related to him. This provision shall not apply to
volunteer services to the City.
Section 14.04
Official Bond for City Employees:
The City Council shall require bonds of all municipal officers and employees who receive
or disburse any funds of the City. The amount of such bonds shall be determined by the
City Council and the cost thereof shall be paid by the City.
Section 14.05
Tort Liability:
Before the City shall be liable for damages for the death or personal injuries of any person
or for damages to or destruction of property of any kind, which does not constitute a taking
or damaging of property under the Constitution of the State of Texas, the person injured, if
living, or his representatives, if deceased, or the owner, his agent or attorney of the
property damaged or destroyed shall give the City Manager or City Secretary notice in
writing of such death, injury, damage or destruction, duly verified by affidavit, within one
hundred twenty (120) days after same has been sustained, stating specifically in such
written notice when, where, and how the death, injury, damage or destruction occurred,
36
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. (Amended November 7, 1995)
Section 14.06
Severability Clause:
If any section or part of section of this Charter shall be held invalid by a court of competent
jurisdiction, such holding shall not affect the remainder of this Charter nor the context in
which such section or part of section so held invalid may appear, except to the extent that
an entire section or part of section may be inseparably connected in meaning and effect
with the section or part of section to which such holding shall directly apply.
Section 14.07
Effect of Charter on Existing Laws:
All codes, ordinances, resolutions, rules and regulations in force on the effective date of
this Charter, and not in conflict with this Charter, shall remain in force until altered,
amended or repealed by the City Council. All taxes, assessments, liens, encumbrances
and demands, of or against the City, fixed or established before such date, or for the fixing
or establishing of which proceedings have begun at such date, shall be valid when
properly fixed or established either under State law in force at the time of the beginning of
such proceedings or under State law after the adoption of this Charter. All rights of the
City under existing franchises and contacts and all existing authority for the issuance of
bonds, granted prior to adoption of this Charter, shall be preserved in full force and effect.
Section 14.08
Applicability of General Laws:
The Constitution of the State of Texas, State law applicable to Home-Rule Municipal
Corporations, as now or hereafter enacted, this Charter and ordinances enacted pursuant
hereto shall in the order mentioned, be applicable to the City of Colleyville, but the City
shall also have the power to exercise any and all powers conferred by State law upon any
kind of city, town, or village, not contrary to the provisions of said home-rule status, Charter
and ordinances, but the exercise of any such powers by the City of Colleyville shall be
optional with it, and it shall not be required to conform to State law governing any other
cities, town or villages unless and until by ordinance it adopts same.
Section 14.09
Property Not Exempt from Special Assessments:
No property of any kind, by whomsoever owned or held or by whatsoever Institution,
Agency, political subdivision or organization, owned or held, whether in trust or by non-
profit organization, or corporation, or by "foundation", or otherwise, (except property of the
City of Colleyville, Texas, independent school districts, and other tax supported
institutions), shall be exempt in any way from any of the Special Taxes, Charges, Levies
and Assessments, authorized or permitted by this Charter, for Local Improvements for the
public welfare.
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Section 14.10
Amending the Charter:
Amendments to this Charter may be framed and submitted to the voters in the manner
provided by State law, but in no event more frequently than once every two years.
(Amended April 7, 1979)
Section 14.11
Judicial Notice:
This Charter shall be deemed a Public Act and shall have the force and effect of a General
Law, may be read in evidence without pleading or proof, and judicial notice shall be taken
thereof in all Courts and places.
Section 14.12
Gender of Wording:
The masculine gender of the wording used throughout this Charter shall always be
interpreted to mean either sex.
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SUBMISSION OF CHARTER TO VOTERS
The Charter Commission in preparing this Charter, finds and decides that it is
impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the
same, for the reason that the Charter is so constructed that in order to enable it to work
and function, it is necessary that it should be adopted in its entirety. For these reasons,
the Charter Commission directs that said Charter be voted upon as a whole and that it
shall be submitted to the qualified voters of the City of Colleyville at an election to be held
for that purpose on the 15th day of January, 1977. Not less than thirty (30) days prior to
such an election, the City Council shall cause the City Secretary to mail a copy of this
Charter to each qualified voter of the City of Colleyville as appears on the latest voters'
registration list.
The present City Council of the City of Colleyville shall call such election in accordance
with the provisions of the general laws of the State governing such elections, and the
same shall be conducted and the returns made and results declared as provided by the
laws of the State of Texas governing municipal elections. If a majority of the votes cast at
such election shall be in favor of the adoption of such Charter, then an official order shall
be entered upon the records of said City by the City Council of Colleyville declaring the
same adopted, and the City Secretary shall record at length upon the records of the City,
in a separate book to be kept in his office for such purpose, such Charter as adopted, and
such Secretary shall furnish to the Mayor a copy of the Charter, which copy of the Charter
shall be forwarded by the Mayor as soon as practical, to the Secretary of State under the
seal of the City, together with a certificate showing the approval of the qualified voters of
such Charter.
We, the undersigned members of the Charter Commission heretofore duly elected to
prepare a Charter for the City of Colleyville, Texas, do hereby certify that this publication
constitutes a true copy of the proposed Charter for the City of Colleyville, Texas, as
unanimously adopted by the members thereof, and the undersigned do hereby
recommend its submission to the qualified voters of said City as provided by law.
COMPLETED AND SUBSCRIBED TO on this the 11th day of November, 1976, at
Colleyville, Texas.
BARBARA ANDREWS
TOMMY ELLISON
OPAL ETHRIDGE
H.L. GIBSON
WANDA JOHNSON
LEONARD LEAR
LOWELL LON NON
LOUIS MILLER
JAMES MOORE
JON I NEELY
FRANK RAWLS
D.B.SCROGGINS
MAX SUMMERS
LINDA THOMPSON
FRANK WHITMIRE
CHARTER COMMISSION, CITY OF COLLEYVILLE, TEXAS.
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HOME RULE CHARTER
for the
C I T Y OF C 0 L LEY V ILL E I T E X A S
CHARTER AMENDMENT ELECTION MAY 7,2005
COLLEYVILLE CITIZENS CITY CHARTER REVIEW COMMITTEE
James Moore
Ed Baker
Linda Bond
Steve Magee
Louis C. Miller
Richard Newton
Brad Rice
Mike Taylor
Frank Whitmire
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