HomeMy WebLinkAboutOrdinances (O-91-846)-12/17/1991
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ORDINANCE NO: 0-91-846
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AN ORDINANCE CALLING AN ELECTION ON JANUARY 18J 1992 FOR THE
PURPOSE OF SUBMITTING AMENDMENTS TO THE HOME-RULE CHARTER OF THE
CITY OF COLLEYVILLE AND APPOINTING ELECTION JUDGES.
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WHEREAS, the citizens of the CitYJ the City staff and the City
Council have spent several months studying the
Colleyville City Charter with a view to modernizing and
improving the framework of local municipal government;
and
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WHEREASJ the City Council is of the opinion that the proposed
amendments to the Charter herein submitted merit the
consideration of the citizens of the City of
Colleyville;
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12 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS AS FOLLOWS:
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Sec. 1:
THAT an election is hereby called to be held on January
18, 1992 at the City Hall, 5400 Bransford RoadJ
ColleyvilleJ TexasJ from 7:00 A.M.J until 7:00 P.M.,
for the purpose of voting on the proposed amendments to
the Colleyville Home-Rule Charter proposed herein.
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Sec. 2:
THAT notice of the election shall be published in
accordance with the provisions of section 9.004 of the
Local Government Code and all other applicable laws.
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Sec. 3:
THAT the following proposed amendments shall be
submitted on the ballot in accordance with law:
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(1) Shall the last sentence of the second
paragraph in section 2.04 of the Colleyville Charter,
which limits assessments to the cost of two lane
collector streets, be amended by deleting said sentence
in its entirety.
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(2) Shall the third paragraph of section 2.04 of
the Colleyville Charter, which requires the approval of
60% of abutting property owners prior to assessment for
construction of streetsJ be amended by deleting said
paragraph in its entirety.
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PAGE 2 OF 15 - ORDINANCE 0-91-346
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(3) Shall Section 3.04 of the Colleyville
Charter, which provides for compensation to the Mayor
and Council persons, be amended to read as follows:
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"section 3.04. Compensation.
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The Mayor and Council persons shall
receive a stipend of $100.00 per month and
shall be entitled to actual and necessary
expenses incurred in the performance of their
official duties."
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(4) Shall section 3.08 A of the Colleyville
CharterJ which prohibits the Mayor and Council persons
from holding certain offices during and after their
elective term, be amended to read as follows:
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"A. Holding Other Office.
No member of the City Council shall hold
any other elective public office during the
term for which the member was elected to the
Council. No member of the City Council shall
hold any other City office or employment
during the term for which the member was
elected to the Council. No former member of
the City Council shall hold any compensated
appointed office or employment with the city
until one year after the expiration of the
term of which the member was elected to the
Council; provided, notwithstanding the
foregoing limitations, a former member of the
Council may be appointed to represent the
City on the governing board of any regional
or inter-governmental agency."
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(5) Shall Section 3.08 B of the Colleyville
Charter, which prohibits the Council from appointing or
removing employees under the control of the City
Manager except in certain circumstances, be amended to
read as follows:
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"B. Appointment and Removals.
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The City Council shall not have any
authority to require the appointment or
removal of any City administrative
officer or employee which the City
Manager or any of his subordinates is
empowered to appoint; provided, however,
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the Council may discuss the appointment
and removal of such officers and may
communicate its opinions to the City
Manager."
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(6) Shall section 3.08 C of the Colleyville
Charter, which prohibits the Council from interfering
with the administration of the CitYJ be amended to read
as follows:
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"C. Interference with Administration.
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Except for the purpose of inquiries
and investigations under section 3.10 of
this CharterJ the Council and its
members shall deal with City officers
and employeesJ who are subject to the
direction and supervision of the City
Manager, solely through the City
ManagerJ and neither the Council nor its
members shall direct such officer or
employee in any manner, either publicly
or. privately."
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(7) Shall section 3.09 A of the Colleyville
CharterJ which provides for the numberJ location and
conduct of Council meetingsJ be amended to read as
follows:
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"A. Meetings of Council.
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The Council shall hold at least two
regular meetings each month. All
regular meetings and special meetings
called for the purpose of taking action
shall be held at the City Hall of the
city of Colleyville. The Council shall
fixJ by resolutionJ the days and times
of regular meetings. In the event of a
lack of quorum at any called meeting,
the meeting shall be opened and the role
shall be taken and recorded. Special
meetings may be held on the call of the
Mayor or three (3) members of the
Council. All meetings of the Council
shall be held in accordance with the
laws of the State of Texas."
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(8) Shall Section 3.11 of the Colleyville
Charter, which provides for the method of consideration
and enactment of ordinancesJ be amended to read as
follows:
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"Section 3.11. Ordinances in General.
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The Council shall legislate by
ordinance, and the enacting cause 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 all ordinances
prior to final action by the City
Council. All ordinances exclusive of
emergency ordinances as defined in
section 3.12J shall be read at an open
meeting of the Council in at least two
regular Council meetingsJ with a minimum
of 10 days between each regular meeting.
The reading aloud of the caption of the
ordinance will constitutes a reading
hereunder; provided, howeverJ upon the
request of three Council membersJ the
ordinance shall be read in its entirety.
Each reading of a proposed ordinance
shall be followed by a public hearing.
The City Secretary shall make available
to the pUblic copies of the ordinances
to be considered at a meeting. A
proposed ordinance may be amended on
first or second reading. Every
ordinance enacted by the Council shall
be signed by the Mayor or the Mayor Pro-
Tern in the Mayor's absenceJ and shall be
filed with and recorded by the City
Secretary. All ordinances shall be
posted upon a bulletin board at the City
Hall established for the purpose of
giving notice of the Council meetings
not less than 72 hours prior to the
meeting at which such ordinances are
read."
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(9) Shall section 4.02 of the Colleyville
CharterJ which provides for the date of general
elections be modified to provide that city elections
shall be held annually on the first Saturday in MaYJ at
which time the officers shall be elected to fill the
offices as required by the Charter.
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(10) Shall Article 4 of the Colleyville Charter,
which provides for regulations concerning elections and
elective officials, be modified by adding thereto a
section 4.07, providing as follows:
"section 4.07. Public Disclosure.
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At the time of filing of a
candidate for a City officeJ the
candidate shall deliver to the City
Secretary a disclosure statement
containing the following information:
(a) The location, sizeJ and
current use of all property owned
within the City or held in trust by
the candidateJ their spouse, and
any dependent minor children.
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(b) The name and address
of any person or corporation which
currently has or during the
preceding 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 $100.00.
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(c) The name and address of
any corporation or business, which
currently has orin the preceding
12 months has had a contractual
relationship with the CitYJ of
which the candidateJ their spouse,
or any dependent minor children own
more than 2% of the outstanding
equity interest or more than 2% of
the assets."
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(11) Shall section 5.07 of the COlleyville
Charter, which provides for the date when are-call
election is to be called, be amended to read as
follows:
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"section 5.07. Election to be Called.
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If an officer whose removal is
sought does not resignJ the City Council
shall order an election and fix a date
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for holding such re-call election within
30 days of the date of the petition;
provided, however, if an election cannot
be called within said 30 day periodJ
then the date of the election shall be
the first date an election may be called
under state law."
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(12) Shall section 7.01 A of the Colleyville
CharterJ which provides for the appointment and
qualifications of the City ManagerJ be amended to read
as follows:
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"A. Appointment and Qualifications.
The Council by a vote of not less
than 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 Manager need not be
a resident of the City or state at the
time of appointment. The Manager may
not reside out side the City while in
office without the approval of the
Council."
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(13) Shall section 7.01 B of the Colleyville
Charter, which provides for the term and salary of the
Manager, be amended to read as follows:
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liB. Removal.
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The City Manager may be removed
from office by a vote of not less than
four members of the Council, including
the Mayor.
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(14) Shall section 7.01 C of the Colleyville
CharterJ which provides for the powers and the duties
of an acting City Manager be amended to read as
follows:
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"C. Acting City Manager.
By a letter filed with the City
Secretary, the City Manager may
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PAGE 7 OF 15 - ORDINANCE 0-91-846
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designate a City officer or employee to
exercise the powers and perform the
duties of the City Manager during the
Manager's temporary absence or
disability. The City Council may revoke
the Manager's designation and may
appoint an officer or employee of the
City to serve during the Manager's
absence or disability."
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(15) Shall section 7.01 of the Colleyville
Charter, which deals with the position of City Manager,
be amended by adding thereto a part OJ providing as
follows:
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"D. Powers and Duties of the city
Manager.
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The City Manager shall be the chief
administrative officer of the CitYJ
responsible to the Council for the
administration of all City affairs
placed in the Manager's charge by or
under this Charter. The City Manager
shall:
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(1) AppointJ suspend or
remove all City employees and appointed
administrative officers in accordance
with the provisions of state 1awJ this
Charter and the ordinances of the City.
The City Manager may delegate to an
administrative officerJ subject to the
Manager's direction and supervision, the
authority to exercise the power to
appoint, suspend or remove employees
working under the administrative
officer;
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(2) direct and supervise the
administration of all departmentsJ
offices and agencies of the CitYJ except
as otherwise provided by this Charter or
by law;
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(3)
meetings, and
discussion to
Council;
attend all City Council
participate in the
the extent required by the
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(4) provide for the faithful
execution and enforcement of all laws,
this CharterJ and acts of the Council;
(5) prepare and submit the
annual budget and capital program to the
City Council;
(6) submit to the City
Council and make available to the public
a complete report on the finances and
administrative activities of the City as
of the end of each fiscal year;
(7) make such other reports
as the City Council may require
concerning the operations of the City
departmentsJ 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 MayorJ Council members,
and appointed commissions, boardsJ and
committees; and
(11) perform such other
duties as are specified in this Charter
or as may be required by the City
Council."
(16) Shall section 7.02 of the Colleyville
Charter, which provides for the appointment and
operation of the office of the City Secretary be
amended by mOdifying the first two sentences of said
section to read as follows:
"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 termJ but may be removed
from office by the City Manager."
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(17) Shall Sections 7.03, 7.04, 7.05, 7.06 and
7.07 of the Colleyville Charter, which establish the
administrative heads of departments of the City, be
amended by deleting sections 7.04, 7.05, 7.06 and 7.07,
and amending section 7.03 to read as follows:
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"Section 7.03. Other Departments,
Boards and commissions.
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There shall be such administrative
departments as are established by this
Charter and as may be established by the
Council, from time to time, by
Ordinance. The Council may discontinue,
redesignate, or combine any
administrative departments provided for
by Ordinance.
The Council shall create,
establish, or appoint as may be required
by law, or in its discretion, those
boards, commissions and committees which
are necessary to carry out the functions
and obligations of the City. The
Council shall prescribe accountability
and tenure of each board, commission and
committee where such are not prescribed
by law or this Charter."
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(18) Shall Section 8.03 of the Colleyville
Charter, which provides for the Office of the Clerk of
the Municipal Court, be amended by deleting the portion
of the first sentence of said section which states:
"with the concurrence of the City Council".
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(19) Shall section 9.08 of the Colleyville
Charter, which provides for and limits the method and
manner of purchasing by the City, be deleted in its
entirety and Section 9.09 be renumbered 9.08.
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(20) Shall Section 9.09 of the Colleyville
Charter, which provides for the creation of reserved
funds for special purposes and the use of the said
funds, be amended to read as follows:
"9.09. Specified Reserved Fund.
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Specified reserved funds may be
created for specific purposes, and shall
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PAGE 10 OF 15 - ORDINANCE 0-91-846
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be used only for such purposes or
returned to the general fund."
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(21) Shall Section 10.01 of the Colleyville
Charter, which provides for the creation of a
Department of Taxation at the discretion of the
Council, be amended by deleting from the first sentence
of said section, the phrase "with the approval of the
City Council".
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(22) Shall Section lO.02 of the Colleyville
Charter, which provides that the City shall have the
power to levy taxes, be amended to read as follows:
"The City council shall have the power under
the provisions of State law to levy, assess and
collect an annual tax on real and personal
property within the City to the maximum provided
by the Constitution and general laws of the State
of Texas."
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(23) Shall Section 10.03 of the Colleyville
Charter, which provides for a limitation on the tax
rate in the City, be amended by deleting said section
in its entirety and renumbering section lO.04 of the
Charter to 10.03.
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(24) Shall Section 10.05, 10.06, 10.07 and 10.08
of the Colleyville Charter which provide for the
establishment and operation of a Board of Equalization,
be amended by deleting those sections in their entirety
and renumbering section 10.09 and 10.10, sequentially,
within Article 10.
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(25) Shall the first three sentences of section
11.01 of the Colleyville Charter, which provides for
the establishment and make-up of a Planning and Zoning
Commission, be amended to read as follows:
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"There shall be established a Planning and
Zoning Commission, which shall consist of seven
regular members and two alternates. The
alternates shall serve in the absence or inability
to serve of a regular member. Members of the
Commission shall be appointed by the Council for a
term of two years. Three regular and the two
alternate members of the Commission shall be
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appointed each odd numbered year, and four regular
members shall be appointed each even numbered
year."
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(26) Shall the fifth and sixth sentences of
Section 11.01 of the Colleyville Charter, which provide
for a chairman, be amended by substituting the term
"chairperson" for "chairman".
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(27) Shall the seventh sentence of Section 11.01
of the Colleyville Charter, which provides requirements
for passage of a matter, be amended to read as follows:
"six members shall constitute a quorum."
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(28) Shall the eighth and ninth sentence of
Section 11.01 of the Colleyville Charter, which
provides for attendance requirements for members, be
modified to read as follows:
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"Attendance requirements for members and
alternates shall be the same as for members of the
Council."
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(29) Shall Sections 11.03 and 11.04 of the
Colleyville Charter, which provide for the adoption and
effect of a Master Plan, be amended by deleting in its
entirety Section 11.04 and amending Section 11.03 to
read as follows, with the remaining sections of Article
11 to be renumbered sequentially:
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"Section 11.03. The Master Plan.
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The Commission shall recommend to
the Council a Master Plan for the
growth, development and beautification
of the City. The Master Plan shall have
no legal effect, and is intended to be
used as a non-binding guide in the
physical development of the City. The
Council shall consider the
recommendations of the Commission and
adopt in whole or in part the Master
Plan recommended by the Commission. In
the event the Council fails to adopt a
part of the recommended Master Plan, the
portion not adopted shall be returned to
the Commission for further consideration
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and recommendation, and again forwarded
to the Council for its consideration."
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(30) Shall section 14.02 of the Colleyville
Charter, which deals with personal, financial interests
in contracts, and section l4.l4, which deals with
conflict of interest, be deleted and a new section
14.02 dealing with personal, financial interests and
conflict of interest, be enacted to read as follows:
"section 14.02. Ethics and Conflict of
Interest:
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A. Scope. This section shall apply to
all elected and appointed City officials,
members of commissions, boards, committees
and City employees.
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B. Misuse of Office. No person shall
use his office, position or employment in an
unlawful manner or in a manner calculated to
obtain a financial benefit, which is not
normally or customarily received as a result
of the office, position or employment held.
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C. Contracts. A person, who is subject
to this Section and has a direct interest in
any proposed or existing contract, purchase,
work, sale or service to or by the City,
shall not participate in discussions thereon,
render a decision thereon, or vote thereon.
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D. Notice. Any person who shall have a
conflict of interest under paragraph C above
shall file a sworn statement describing in
reasonable detail such conflict with the City
Secretary no later than either the beginning
of the meeting at which the matter will first
be discussed or acted upon, or the time at
which the potential conflict first becomes
known to the person, whichever occurs first.
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E. Citizen Complaints. Any citizen of
the City may file with the city Secretary a
statement of suspected conflict of interest.
Such statement of suspected conflict of
interest shall be filed within 15 days of the
decision, vote, or other event giving rise to
an asserted violation of paragraph C above,
and shall describe the complained of conflict
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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
Council shall be maintained in the public
records of the City.
F. Oath. Upon the election,
appointment, or employment of any person by
the City, they shall sign a statement
acknowledging that they have read and are
familiar with the provisions of this section
of the Charter, and all other sections of
state law pertaining to conflict of interest,
and these statements shall be maintained as
public records of the City.
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G. Removal from Office. Failure to
comply with any of the provisions of this
section shall constitute malfeasance in
office and upon a finding by a Court of
competent jurisdiction of said violation, the
person shall immediately forfeit their
position or office, and such position or
office shall be deemed vacant.
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H. Contracts Voidable. Any violation
of part C of this section in the approval
process of any contract shall make said
contract voidable by the City.
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(31) Shall Section 14.05 of the Colleyville
Charter, which provides for notice of claims against
the City, be amended by increasing the period provided
in the first sentence in said Section, within which to
give notice from 30 days to 120 days.
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(32) Shall Article 14 of the Colleyville Charter,
which contains the general provisions of the Charter,
be amended by adding thereto a Section 14.15, providing
as follows:
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"Section 14.15. Officials Indemnified.
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Elected or appointed city
officials, commissions, boards,
committees, and employees shall be
indemnified by the City from all claims
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Sec. 4:
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Sec. 5:
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Sec. 6:
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PAGE 14 OF 15 - ORDINANCE 0-91-846
for damages, costs, attorney's fees and
other expenditures necessitated by a
claim, resulting from or predicated upon
the individual's position with the City
or an action taken in good faith while
acting within their official capacity
with the City."
(33) Shall section 11.02 (c) of the Colleyville
Charter, which provides for the duties of the Planning
and Zoning Commission concerning plats be amended to
read as follows:
"(c) Exercise control over the
platting or subdividing of land to the extent
authorized by law and as provided for by the City
Council."
THAT absentee voting shall commence in the office of
the City Secretary on DECEMBER 30. 1991 , and
shall continue Monday through Friday from 8:00 A.M., to
4:30 P.M., and until 4:30 P.M., on JANUARY 14. 1992
THAT the following persons shall be officers who shall
conduct the election: SHARON LAMBERT
Presiding Jud~e, HELEN fEAR
Alternate Presiding Judge and no more than seven other
eligible persons as Clerks that the Election Judge
shall appoint.
THAT the election shall be conducted in accordance with
the election laws of the State of Texas.
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AND IT IS SO ORDERED
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The 1irst reading and public hearing being conducted on the
/q - day of 'iJ~ , 1991.
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The second reading an~public hearing being conducted on the
rd day of ~~ , 1991.
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The t~rd reading and ~ublic hearing being conducted on the
11 - day of ~~~~ , 1991.
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ATTEST:
CITY OF COLLEYVILLE
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///~~ '. ~ ~L/
/ if~~/~// -' .~~~ACr4--
~ r awk~ns
Mayor
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APPROVED AS TO FORM AND LEGALITY:
1/7\L-
ROeif!i? Foste~
City Attorney
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city Of
December 27, 1991
n~
Texas
Mary Jane Robillard
Legal Notices
Fort Worth star Telegram
400 West Seventh Street
Fort Worth, Texas 76102
;(
Dear Mary Jane:
Please publish and furnish an affidavit: December 29, 1991
The City Council of the City of Colleyville hereby gives Public
Notice that the following Ordinances were passed and adopted.
ORDINANCE 0-91-846
AN ORDINANCE CALLING AN ELECTION ON JANUARY 18, 1992, FOR THE
PURPOSE OF SUBMITTING AMENDMENTS TO THE HOME-RULE CHARTER OF THE
CITY OF COLLEYVILLE AND APPOINTING ELECTION JUDGES.
Approved on December 17, 1991
ORDINANCE 0-91-847
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, RELATING TO FISCAL
YEAR 1991-92 BUDGET BY AMENDING SECTION 1j PROVIDING AN EFFECTIVE
DATE.
Approved: December 17, 1991
ORDINANCE 0-91-842
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF ABSTRACT 963, A.J. LOTT SURVEY, TRACTS 2B2A,
2B3C,2B3B, 2B2A3, (3.8354 ACRES) TO THE CITY OF COLLEYVILLE, TEXAS
FROM AG TO MLj PROVIDING A PENALTY AND AUTHORIZING PUBLICATION.
Sec. 2.
Any person, firm or corporation violating any of the
provisions of this ordinance as read together with the
Zoning Ordinance of the City of Colleyville and
accompanying official Zoning Map thereto shall be guilty
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 281-4044
of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Thousand Dollars
($2 , 000.00). Each and every day such violation continues
shall constitute a separate offense and shall be
punishable as such.
Approved: December 17, 1991
Jean Harris, CMC
City Secretary
If questions arise please do not hesitate to call.
SinCerelY'~~
~~iS' CMC
c~ty Secretary