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City of Colleyville
City Council
Worksession Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, June 14, 2016
6:00 p.m.
Executive Conference Room
Third Floor City Hall
1. CALL TO ORDER
2. PRESENTATION AND DISCUSSION
2a Discussion of the City of Colleyville Charter
3. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, June
10, 2016 by 5:00 p.m.
Amy Shelley, TRMC
City Secretary
A quorum of any Colleyville board, commission, or committee may be
present at this meeting.
Any matter on this agenda may, at the discretion of the governing body, be
opened for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires
special accommodations, please advise the City Secretary at least 48 hours in
advance at 817.503.1133, and reasonable accommodations will be made to assist
you.
City of Colleyville Page 1
City of Colleyville
Colleyville City Council
Worksession
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 2a Agenda Date 06/14/2016 Number
Type Presentation and Discussion
Department City Council
Title
Discussion of the City of Colleyville Charter
Strategy Map Connection
B4- Cultivate a culture of transparency and consistent communication
Explanation
This item was requested by Mayor Richard Newton to provided for discussion regarding
a potential amendment to the City of Colleyville Charter. Staff will provide the
attached presentation that details the history of the Charter, previous amendments,
process discussion, potential items for review, and a potential calendar created for an
anticipated November election.
Staff has also included each ordinance and/or resolution calling each Charter
amendment election; resolution in which the elections were canvassed, the current
Colleyville Charter; and, a memo from the city attorney dated June 10, 2016.
Attachments
1.Charter Review Presentation
2.Ordinance O-79-314
3.Resolution R-79-188
4.Ordinance O-81-401
5.Resolution R-81-236
6.Ordinance O-84-506
7.Resolution R-84-297
8.Ordinance O-91-846
9.Resolution R-92-743
10.Ordinance O-95-1003
11.Resolution R-95-1161
12.Resolution R-05-2521
13.Resolution R-05-2544
14.Current Colleyville Charter
15.Memo from City Attorney dated June 10, 2016
Title Slide
Discussion of City Charter
Amendment Process
City Council Worksession
June 14, 2016
City Charter Background
•The Colleyville Home-Rule City Charter was first
established in 1977 by local voters
•The original Charter was prepared and recommended
to the voters by a Charter Commission consisting of
15 local residents
•The Charter is authorized and governed by Chapter 9
of the Local Government code
Charter Amendment History
In 1979, the following Sections were amended
Article VI - Legislation by the People, Initiative and
Referendum
Section 6.09 – Ordinances or Resolutions Passed by
Popular Vote, Repeal or Amendment
Article IX – Municipal Finance Section 9.02B,C – Annual Budget,
9.06B – Administration of Budget
Article XIV – General Provisions Section 14.10 – Amending the Charter
In 1981, the following Section was amended
Article XI – Planning and Zoning, Board of Adjustments Section 11.02C – Powers and Duties
Charter Amendment History
In 1984, the following Sections were amended
Article III – The Governing Body Section 3.02 – Qualifications, 3.06 – Mayor and Mayor Pro
Tem, 3.13 - Resolutions
Article V – Recall of Officers by the People Section 5.04 – Various Papers Constituting Petition,
5.05 – Presentation of Petition to the City Council
Article VI – Legislation by the People, Initiative and
Referendum
Section 6.02 – Initiative, 6.12 – Compelling Submission
Article VII – Administrative Organization Section 7.03B – Department of Police,
7.04B – Fire Department
Article X – Taxation Section 10.03 – Limitation on Tax Rate
Charter Amendment History
In 1992, the following Sections were amended
Article IV - Elections Section 4.07C – Public Disclosure
Article V – Recall of Officers by the People Section 5.07 – Election to be Called
Article VII – Administrative Organization Section 7.01A,B,C,D(11) – City Manager
In 1995, the following Sections were amended
Article III - The Governing Body Section 3.11 – Ordinances in General
Article IX - Municipal Finance Section 9.02A(11)e – Annual Budget
Article XIV – General Provisions Section 14.05 – Tort Liability
Charter Amendment History
In 2005, the following Sections were amended
Article I – Form of Government and Boundaries Section 1.02 – Boundaries of the City
Article II – Powers of the City Title
Article III – The Governing Body Section 3.01 – Number, Selection, Term, 3.06 – Mayor and
Mayor Pro Tem, 3.07 - Powers of the City Council,
3.08A(1),B – Forfeiture of Elected Office, 3.09A,C –
Meetings and Rules of Procedure, 3.10 – Investigation by
the City Council, 3.12 – Emergency Ordinances
Article IV – Elections Section 4.01 – Laws Governing City Elections, 4.02 –
General Elections, 4.07A – Public Disclosure, 4.08A,B –
Oath of Office
Article V – Recall of Officers by the People Section 5.01 – Scope of Recall, 5.02 – Petitions for Recall
Article VI – Legislation by the People, Initiative and
Referendum
Section 6.07 – Adoption of Ordinances or Resolutions by
Referendum or Initiative, 6.11 – Franchise Ordinances
Article VII – Administrative Organization Section 7.02 – City Secretary, 7.03A – Department of
Police, 7.04A – Fire Department, 7.05 – Department of
Public Works, 7.06 – Department of Finance
Charter Amendment History
In 2005, the following Sections were amended (Continued)
Article VIII – Legal and Judicial Services Section 8.03 – Clerk of the Municipal Court, 8.04 – City
Attorney
Article IX – Municipal Finance Section 9.02E,F – Annual Budget, 9.04A – Amendments
after Adoption
Article X – Taxation Section 10.01 – Department of Taxation, 10.04 – Taxes –
When Due and Payable, 10.05 – Tax Liens
Article XI – Planning and Zoning, Board of Adjustments Section 11.01 – The Planning and Zoning Commission,
11.04 – Legal Effect of the Master Plan, 11.05 – Zoning
Board of Adjustment
Article XII – Franchises, Public Utilities and Other Users
of Public Property
Section 12.01 – Powers of the City, 12.02 – Power to Grant
Franchise, 12.04 – Transfer of Franchise, 12.05 – Right of
Regulation, 12.06 – Extensions, 12.10A – Sales of
Municipal Services
Article XIII – Transitional Provisions Section 13.01B,C - Schedule
Article XIV – General Provisions Section 14.01 – Publicity of Records, 14.02 – Personal
Financial Interest
Discussion of Process
•Establish the scope of the review
•Specific chapters, sections, or items
•Complete review
•Appoint a Committee, or not
•If a committee, appointment process
•Develop the charge to the committee
•If not a committee
•Process direction
•Review the potential calendar for November election
Discussion of Potential Calendar
November 8, 2016 – Uniform Election Date
A more detailed calendar will be available soon
ACTION DATE
Deadline for calling special election and posting
notice of election on bulletin board
Tuesday, August 16, 2016 – Regular City Council Meeting,
by Resolution
Last Day to Register to Vote Tuesday, October 11, 2016
First Day of Early Voting Monday, October 24, 2016
Last Day to Apply for Ballot by Mail
(Received, not Postmarked)
Friday, October 28, 2016
Last Day of Early Voting Friday, November 4, 2016
Last Day to Receive Ballot by Mail Tuesday, November 8, 2016 (election day) at 7:00 p.m.
(unless overseas deadline applies)
Election Day Tuesday, November 8, 2016
Recommended period for canvassing the special
election
Wednesday, November 16, 2016 through Monday,
November 21, 2106 (If official election results are available
from Tarrant County earlier than this deadline, the canvass
may be moved to the regular City Council meeting on
Tuesday, November 15, 2016.)
Potential Items for Charter Review
•Staff identified
•Article IV – Does the November uniform
election date constitute a special or regular
municipal election day?
•Section 3.09A – Calling of a special meeting
requires the Mayor or 4 members of the City
Council which constitutes a quorum and
could lead to a violation of the Open
Meetings Act?
•Section 3.09C – Should appointments or
election of the Mayor Pro Tem be allowed as
exceptions to the roll call method of “ayes”
and “nays”?
Potential Items for Charter Review
•City Council previously identified
•Section 3.09C – Recusal from voting is only
allowed for statutory conflict of interest.
Should this be broadened for other
relationships, etc.?
•Discussion of other potential items, if not a full
review
Discussion or Questions?
ORDINANCE NO. 0-79-314 - Emergency
AN ORDINANCE CALLING AN ELECTION APRIL 7, 1979, FOR THE PURPOSE
OF SUBMITTING PROPOSED COLLEYVILLE CHARTER AMENDMENTS AND DECLAR-
ING AN EMERGENCY.
1
2
3
4
5
va L U~1 E ~p AG E 7-;J6-i:h-I)
d{ - 7f
lulU)h.
6
WHEREAS, a group of citizens has spent several months studying the
Colleyville Charter with a view to modernizing and improv
ing the framework of local municipal government; and
7
8
WHEREAS, the City Council is of the opinion that the proposed
Amendments to the Charter herein submitted merit the
consideration of the citizens of Colleyville;
9 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF COLLEYVILLE,
TEXAS:
10
Sec. 1.
11
12
1~
Sec. 2.
14
15
16
Sec. 3.
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24
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An election is hereby called contemporaneously with the
regular election for the Mayor and City Council, Places 1
and 2, to be held April 7, 1979, at the Colleyville Fire
and Police Station,520l Bransford Rd., Colleyville, Texas,
from 7 a.m. until 7 p.m. for the purpose of voting on
Colleyville Charter Amendments herein proposed.
Notice of the election shall be given by publishing Sec-
tions land 3 of this Ordinance on the same day in each
of two successive weeks, the date of first publication to
be not less than fourteen (14) days prior to the date set
for such election, all as provided by Article 1170,
V.A.T.S.
The following amendments shall be submitted by ballot in
accordance with the requirements of Article 1170, V.A.T.S.:
1. Shall Section 3.02 of the Colleyville Charter, which
provides qualifications for City Council members and
for the removal of City Council members, be amended
to read as follows:
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 preceeding their
election or 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 preceeding their election;
b) A qualified voter of the State of Texas and
1
Ordinance 0-79-314
Page 2
VOLUME J{' PAGE t
2
3 the City of Colleyville;
c) Not indebted to the City.4
5 If any member of the Council fails to maintain the fore-
going qualifications, or shall be absent without cause
from three (3) consecutive regularly scheduled meetings,
or shall fail to maintain a seventy-five percent attend-
ance record for all regular meetings during each elected
year, or shall be convicted of a felony or offense involv-
ing moral turpetude, the Council shall declare a vacancy
in the office of that member of the Council at its next
regular meeting and shall fill the vacancy as set forth
in this Charter."
6
7
8
9
10
2. Shall Section 3.06 B of the Colleyville Charter, pro-
viding for the election of a Mayor Pro-Tern, be amended
to read as follows:
11
12
B. Election of Mayor Pro-Tern: lnunediately follow-
ing the final swearing in of all new members, the Council
shall in its first regular meeting, elect from among its
members a Mayor Pro-Tern who shall serve for the term of
one year, and who shall perform all of the duties of the
Mayor in the absence or disability of the Mayor."
13
14
15
3. Shall Section 3.09 C of the Colleyville Charter,
which does not currently require a meeting be adjourn-
ed if a quorum ceases to be present, be amended to
read as follows:
16
17
C. Voting: Voting, except on procedural motions,
shall be by roll call and the "ayes" and "nays" shall be
recorded in the minutes. Every Councilperson shall vote
on all issues unless there is a declared and recorded
conflict of interest. Four members of the Council, ex-
cluding the Mayor, shall constitute a quorum. If, dur-
ing the course of a meeting, a quorum ceases to exist,
the meeting shall be deemed adjourned and no further
business shall be conducted."
18
19
20
21 4. Shall the first paragraph in Sec. 3.11 of the Colley-
ville Charter, providing for the procedures to be
followed in enacting ordinances, be amended to read as
follows:
2~
23 Section 3.11 Ordinances in General:
24 The 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 all ordinances
prior to final action by the City Council. Every ordin-
ance enacted by the Council shall be signed by the Mayor
i
25
26
Ordinance 0-79-314
1 Page 3
VOLUME V PAGE 9
2
3 or Mayor Pro-Tern 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
Council at three (3) consecutive regular Council meetings.
At the first reading of each ordinance the Council shall
read the entire text of the ordinance; provided, however,
neither metes and bounds descriptions nor national, stat ,
industrial or uniform codes or manuals shall be read.
The caption only of each proposed ordinance shall be rea
at the second and third reading. Each reading of a pro-
posed ordinance shall be followed by a public hearing.
No action shall be taken by the Council until after the
third reading and public hearing on each ordinance. All
ordinances shall be posted upon a bulletin board at the
City Hall established for the purpose of giving notice
of Council meetings not less than 72 hours prior to the
meeting at which such ordinanpes are read."
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5
6
7
8
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10
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12
5. Shall Section 6.09 of the Colleyville Charter, pro-
viding for the repeal or amendment of ordinances or
resolutions passed by popular vote, be amended to
read as follows:
13
14
Section 6.09 Ordinances or Resolutions Passed By
Popular Vote. Repeal or Amendment:
15 No ordinance or resolution which may have been passed
by the Council upon petition or as a result of a popular
vote under the provisions of this article shall be re-
pealed or amended for a period of five 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."
16
17
18
19
20
6. Shall Section 6.12 be added to Article 6 of the
Colleyville Charter as follows:
21 Section 6.12 Compelling Submission:
22 In the event a court of competent jurisdiction renders
a final, nonappealable judgment directing issuance of a
writ of mandamus compelling the City Council to comply
with the duties imposed upon it by Sections 6.02 or
6.03 of this article the City shall pay the reasonable
attorney's fees incurred by the person or persons bring-
ing the action to compel compliance with same."
23
24
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7. Shall Section 9.02 B of the Colleyville Charter, whic
currently requires a budget submission prior to the
Ordinance 0-79-314
Page 4
VOLUME ~AGE /~
1
2
3 1st of August each year, be amended to read as follow
4 B. Submission:
5
The City Manager shall submit to the Council a pro-
posed budget and accompanying message. The Council shall
review the proposed budget and revise as deemed appropri-
ate prior to general circulation for public hearings."6
7 8. Shall Section 9.02 C of the Colleyville Charter, which
does not currently specifically deal with the consid-
eration and hearing of budget matters, be amended to
read as follows:8
9 c. Public Notice and Hearing:
10 The Council shall post in the City Hall and publish
in the official newspaper not more than 14 days prior to
each public hearing on the budget a notice stating:
I) the time and place where copies of the message and
budget are available for inspection by the public, and
2) the time and place of each public hearing on the
budget. The Council may consider, hold public hearings
and adopt the budget. at special meetings called by the
Council for that purpose, notwithstanding the provision of
Section 3.11 of this Charter requiring action at three
consecutive regular Council meetings.
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12
13
14
15 9. Shall Section 9.02 E of the Colleyville Charter, which
currently requires adoption of the budget by the 15th
of September, be amended to read as follows:16
17 E. Adoption:
18 The Council shall adopt the budget by ordinance not
later than the 30th day of September. Adoption of the
budget will require an affirmative vote of at least a
majority of all of the members of the 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."
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22
10. Shall the last sentence in 9.06 B of the Colleyville
Charter, which limits the City to accrual basis
accounting, be deleted and in substitution therefore
the following inserted:23
24 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 Conunittee on Governmental Accounting."
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26
Ordinance 0-79-314
Page 5
VOLUME~PAGE-1L-
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Sec. 4.
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Sec. 5.
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11. Shall Section 11.04 of the Colleyville Charter, whic
does not currently require a 3/4 vote of the Council
to override a Commission disapproval of a proposed
change in the Master Plan, be amended to read as
follows:
Section 11. 04 Legal Effect of the Master Plan:
Upon adoption of the Master Plan by the Council, no sub-
division, 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
Council. In case of Commission disapproval, they shall
conununicate their reasons to the Council, which shall
have power to overrule such disapproval by a 3/4 vote, an
upon such overruling, the Council shall have the power to
proceed. The widening, narrowing, relocating, vacating
or change in the use of any street, alley or public way,
or ground, or sale of any public building or real propert ,
shall be subject to similar submission and approval of the
Planning and Zoning Commission and failure to approve may
be similarly overruled by the Council."
12. Shall Section 14.10 of the Colleyville Charter, which
currently does not make compliance with state law
mandatory in amending the Charter, be amended to rea
as follows:
Section 14.10 Amending the Charter:
Amendments to this Charter shall be formulated and sub-
mitted to the voters of the City in the manner provided
by Chapter 13 of Title 28 of the Revised Civil Statutes
of Texas, 1925, as now or hereinafter amended."
Absentee voting shall commence in the office of the City
Secretary at 5505 Pleasant Run Rd., Colleyville, Texas,
on March 19, 1979, and shall continue Monday through
Friday from 8 a.m. until 4:30 p.m. until April 3, 1979.
The following persons shall be the officers who shall
conduct the election:
J .0. Ba i 1 ey Presiding Judge
James B. Hoare Alternate Presiding Judge
and no more than seven other elegible persons as clerks
that the election judge shall appoint.
Ordinance 0-79-314
Page 6
VOLUME~PAGE J~
1
2
3 Sec. 6. The election shall be conducted in accordance with Elec-
tion laws of the State of Texas.
4
Sec. 7. The requirement of Article 11.70 requiring that Charter
Amendment Elections be held not less than thirty (30)
days after passage of the ordinance calling for such
election together with a desirability of saving money
by holding this election concurrently with the regular
election for Mayor and Councilpersons, Places 1 and 2,
creates an emergency making it unnecessary to read and
consider this ordinance more than one time.
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6
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8
AND IT IS SO ORDERED.
9 Passed, approved and adopted by the City Council of the City of
Colleyville, Texas, this the 6th day of ~1a rch , 1979 by the
10 vote of 3 to 1
11
CITY OF COLLEYVILLE
12
13 By:
John A. Andrews, Mayor
14
ATTEST: *Approved according to Section 3:13
15 of the City Charter: III f the Mayor
shall neglect to approve or object
to any such proceedings for a longe
period than seven (7) days after th16
LaVada Johnson ordinance or resolution is placed i
17 City Secretary the 0 f f ice 0 f the C i t Y S e c r eta r y as
aforesaid, the same shall become
18 LE GAL I TY : e f f e c t i ve i m m e d i ate I y u pan
publication as required by law.
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21
22 STATE OF EMERGENCY: Be based on the cost of an additional
election.
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24
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26
STATE OF TEXAS X
COUNTY OF TARRANT X
CITY OF COLLEYVfLLE X
RESOLUTION R-79-188
WHEREAS, on the 7th day of April, 1979, being the first Saturday in April, the
regular municipal election was held within the corporate limits of the
City of Colleyville, Texas, for the election of Mayor and two Council-
persons, and Charter Amendments; and,
WHEREAS, there were cast at said election 593 valid and legal votes; that each
of the candidates in said election received the following votes:
NAME OF CANDIDATE OFFICE NUMBER OF VOTES
Buck Hubbard Mayor 332
Jack L. Drain Mayor 256
Robert E. Noble Counc lperson Place 420
Melba Naylor Counc lperson Place 1
Judy Welch Counc lperson Place 1
O.J. Blakey Counc lperson Place 1
James D. Burson Counc lperson Place 4
Vi rg i 1 Turner Counc lperson Place 1
Bob Cain Counc I 1 person Place 2
Greg Foreman Counc i 1 person Place 2
David Blemings Counc i I person Place 2
J.B. SandI in Councilperson Place 1
John Andrews Councilperson Place 1
Opal Ethridge Councilperson Place 1
Rowland Ballard Counc i I person Place 5
Buck Hubbard Counc i 1 person Place 1
Alex Kufe Counc i 1 person Place 1
H.L. (Skip) Gibson Councilperson Place 1
Bob Hill Councilperson Place 1
C. L. "Smokeyll V anove r Councilperson Place 2 425
Dennis Fuchshuber Councilperson Place 2 140
Rowland Ballard Councilperson Place 2 1
WHEREAS, that each of the Charter Amendments received the following votes
Attachment A is hereby made a part of and incorporated with this
resolution) :
CHARTER AMENDMENT FOR AGAINST
1 457 51
2 461 53
3 455 64
4 424 52
5 282 188
6 349 130
7 450 55
8 463 35
9 444 42
10 466 28
11 403 88
12 380 56
Resolution R-79-188
Page 2
WHEREAS, as is provided in the Charter of the City of Colleyville, in accordance
with the State of Texas regulating municipal elections, it is the duty
of the City Council to canvass the returns and declare the results of
said election; and,
WHEREAS, after a full and complete canvass thereof:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS:
THAT the following candidates for the respective offices having
received a majority number of votes in their respective offices, be,
and are hereby declared elected to the respective offices named below
for and during the term of two years and until the duly constituted
election is held in said City the first Saturday in April, 1981.
OFFICE DULY ELECTED OFFICIAL
Mayor Buck Hubbard
Councilperson Place Robert E. Noble
Councilperson Place 2 C.L. I'Smokei' Vanover
THAT all the Charter Amendments, having received a majority of favor-
able votes, be, and are hereby declared approved and as amending the
Charter of Colleyville, Texas.
PASSED, APPROVED, AND ADOPTED this 17th day of April, 1979, by the
City Council of the City of Colleyville, Texas:
The vote of the City Council being:
JUDY L. WELCH FOR
C.L. "SMOKEY" VANOVER FOR
LEONARD LEAR FOR
HOWARD COLLINS FOR
DALE R. HODGSON FOR
APPROVED:
IJd~
BUCK HUBBARD,Mayo
LEGALITY:
lvj
Resolution R-79-188
P~ge 3
ATTACHMENT A
INSTRUCTION NOTE: Place an "X" in ,the square beside the statement indicating the way you wish to vote.
Nota de Instrucci6n: Lugar una "X" en el cuadro al lado de la frase que indica la manera en acual usted quiere votante.
457 0 YES
51 0 NO
461 0 YES
53 0 NO
455 0 YES
64 0 NO
424 0 YES
52 0 NO
282 0 YES
188 0 NO
CHARTER BALLOT
1. Shall Section 3.02 of the Colleyville 3490 YES
Charter, which provides qualifications for
City Council members and for the removal 1300 NO
of City Council members, be amended to
require candidates for membership in th.e
City Council to maintain the same qualI-
fications as members of the City Council.
2. Shall Section 3.06 B of the Colleyville 4500 YES
Charter be amended to provide for the
electio:1 of the Mayor Pro-Tern only after
550 NO
all new members of the Council have been
sworn in.
3. Shall Section 3.09 C of the Colleyville
Charter be amended to require the auto-
matic adjournment of a Council meeting 4630
should a quorum cease to be present at
the meeting. 350
4. Shall the first paragraph in Section
3.11 of the Colleyville Charter be amended
to read as follows:
The Council shall legislate by ordi-
nance, and the enacting clause of every
ordinance shall be, "Be it ordained by
the City Council of the City of Colley-
ville." The City Attorney shall approve
as to legality all ordinances prior to fin-
al action by the City Council. Every or-
dinance enacted by the Council shall be
signed by the Mayor or Mayor Pro-
Tern 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 4440
meeting of the Council at three (3)
consecutive regular Council meetings. 420
At the first reading of each ordinance
the Council shall read the entire text
of the ordinance; provided, however,
neither mets and bounds descriptions
nor national, state, industrial or uni-
form codes or. manuals shall be read.
The caption only of each proposed
ordinance shall be read at the second
and third reading. Each reading of a
proposed ordinance shall be followed
by a public hearing. No action shall be
taken by the Council until after the
third reading and public hearing on
each ordinance. All ordinances shall be
posted upon a bulletin board at the
City Hall established for the purpose
of giving notice of Council meetings
not less than 72 hours prior to the
meeting at which such ordinances are
read."
YES
NO
YES
NO
4660 YES
280 NO
4030 YES
880 NO
6. Shall Section 6.09 of the Colleyville
Charter be amended to allow an ordinance
or resolution passed by initiative or as the
result of a popular vote to provide a period
of less than five (6) years in which such
ordinance shall not be repealed or amended.
380[] YES
560 NO
6. Shall Section 6.12 be added to Article
6 of the Colleyville Charter to provide for
the recovery of attorney's fee by persons
w~o by judi~ial decree, have compelled th~
9Ity CouncIl to comply with the duties
Imposed upon it by the initiative or refer-
endum portions of the Charter.
7. Shall Section 9.02 B of the Colleyville
Charter be amended to require the City
Manager to submit to the Council a pr~
ed budget and accompanying message
prIor to the general circulation of the
budget for public hearings.
8. Shall Section 9.02 C of the Colleyville
Charter be amended to read as follows:
The Council shall post in the City Hall
and publish in the official newspaper
not more than 14 days prior to each
public hearing on the budget a notice
stating: (1) the time and place where
copies of the message and budget are
available for inspection by the public
and (2) the time and place of each
public hearing on the budget. The
Council may consider, hold public hear-
ingsand adopt the budget at special
meetings called by the Council for that
purpose, notwithstanding the provision
of Section 3.11 of this Charter requir-
ing action at three (3) consecutive
regular Council meetings."
9. Shall Section 9.02 E of the Colleyville
Charter be amended to require adoption
of the budget not later than the 30th day
of September by a maj ority of all members
of the Council.
10. Shall Section 9.0GB of the Colleyville
Charter be amended to require the City
financial records to be maintained in ac-
cordance with accepted principles recom-
mended by the American Institute of Cer-
tified Public Accountants and by the Na-
tional Committee on Governmental Ac-
counting.
11. Shall Section 11.04 of the Colleyville
Charter be amended to require a %. vote
of the Council to override a Commission
disapproval of a proposed change in the
Master Plan.
12. Shall Section 14.10 of the Colleyville
Charter, which deals with Charter amend-
ments, be amended to require compliance
with Chapter 13 of Title 28 of the Revised
Civil Statutes of Texas, 125, and any
amendment thereto.
i:...__..,._._____...:r-..,.~ .~-L.........""."~,,,,___
Resolution R-79-188
P~ge 3 ATTACHMENT A
INSTRUCTION NOTE: Place an "X" in .the square beside the statement indicating the way you wish to vote.
Nota de Instrucci6n: Lugar una "X" en e1 cuadro a1 1000 de 1a frase que indica 1a manera en acua1 usted qui ere votante.
457 0 YES
51 0 NO
461 0 YES
53 0 NO
455 0 YES
64 0 NO
424 0 YES
52 0 NO
282 0 YES
188 0 NO
CHARTER BALLOT
1. Shall Section 3.02 of the Colleyville 3490 YES
Charter, which provides qualifications for
City Council members and for the removal 1300 NO
of City Council members, be amended to
require candidates for membership in the
City Council to maintain the same quali-
fications as members of the City Council.
2. Shall Section 3.06 B of the Colleyville 4500 YES
Charter be amended to provide for the
electio:1 of the Mayor Pro-Tern only after
550 NO
all new members of the Council have been
sworn in.
3. Shall Section 3.09 C of the Colleyville
Charter be amended to require the auto-
matic adjournment of a Council meeting 4630
should a quorum cease to be present at
the meeting. 350
4. Shall the first paragraph in Section
3.11 of the Colleyville Charter be amended
to read as follows:
The Council shall legislate by ordi-
nance, and the enacting clause of every
ordinance shall be, "Be it ordained by
the City Council of the City of Colley-
ville." The City Attorney shall approve
as to legality all ordinances prior to fin-
al action by the City Council. Every or-
dinance enacted by the Council shall be
signed by the Mayor or Mayor Pro-
Tern 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 444
meeting of the Council at three (3) 0
consecutive regular Council meetings. 420
At the first reading of each ordinance
the Council shall read the entire text
of the ordinance; provided, however,
neither mets and bounds descriptions
nor national, state, industrial or uni-
form codes or. manuals shall be read.
The caption only of each proposed
ordinance shall be read at the second
and third reading. Each reading of a
proposed ordinance shall be followed
by a public hearing. No action shall be
taken by the Council until after the
third reading and public hearing on
each ordinance. All ordinances shall be
posted upon a bulletin board at the
City Hall established for the purpose
of giving notice of Council meetings
not less than 72 hours prior to the
meeting at which such ordinances are
read."
YES
NO
YES
NO
4660 YES
280 NO
4030 YES
880 NO
5. Shall Section 6.09 of the Colleyville
Charter be amended to allow an ordinance
or resolution passed by initiative or as the
result of a popular vote to provide a period
of less than five (5) years in which such
ordinance shall not be repealed or amended.
38<D YES
560 NO
6. Shall Section 6.12 be added to Article
6 of theColleyville Charter to provide for
the recovery of attorney's fee by persons
w~o by judi7ial decree, have compelled th~
91ty CouncIl to comply with the duties
unposed upon it by the initiative or refer-
endum portions of the Charter.
7. Shall Section 9.02 B of the Colleyville
Charter be amen~ed to require the City
Manager to submIt to the Council a pro-
po~ed budget and accompanying message
prIOr to the general circulation of the
budget for public hearings.
8. Shall Section 9.02 C of the Colleyville
Charter be amended to read as follows:
The Council shall post in the City Hall
and publish in the official newspaper
not more than 14 days prior to each
public hearing on the budget a notice
stating: (1) the time and place where
copies of the message and budget are
available for inspection by the public
and (2) the time and place of each
public hearing on the budget. The
Council may consider, hold public hear-
ings and adopt the budget at special
meetings called by the Council for that
purpose, notwithstanding the provision
f Secti?n 3.11 of this Charter requir-
mg actIOn at three (3) consecutive
regular Council meetings."
9. Shall Section 9.02 E of the Colleyville
Charter be amended to require adoption
of the budget not later than the 30th day
of September by a majority of all members
of the Council.
10. Shall Section 9.0GB of the Colleyville
Charter be amended to require the City
financial records to be maintained in ac-
cordance with accepted principles recom-
mended by the American Institute of Cer-
tified Public Accountants and by the Na-
tional Committee on Governmental Ac-
counting.
11. Shall Section 11.04 of the Colleyville
Charter be amended to require a %. vote
of the Council to override a Commission
disapproval of a proposed change in the
Master Plan.
12. Shall Section 14.10 of the Colleyville
Charter, which deals with Charter amend-
ments, be amended to require compliance
with Chapter 13 of Title 28 of the Revised
Civil Statutes of Texas, 125, and any
amendment thereto.
8
1
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VOL $/ PAGE 1
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c(1
1 ~ j,j - 8 ( A ,r-" fl' ,
p-"fl,JI.
i '(/'~ \j
1 ' ,/l.u-J
ORDINANCE NO. 0-81-401
4
AN ORDINANCE CALLING AN ELECTION APRIL 4, 1981, FOR THE PURPOSE
OF SUBMITTING PROPOSED COLLEYVILLE CHARTER AMENDMENTS, AND
APPOINTING ELECTION JUDGES.
11 Sec. I .
12
13
14 Sec. 2.
15
16
17
6
WHEREAS, a group of citizens have spent several months studying
the Colleyville Charter with a view to modernizing and
improving the framework of local municipal government;
and,
18
19
20
21
22
23
24
25
26
WHEREAS, 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;
NOW, THEREFORE,
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TE XAS :
2
3
5
7
9
An election is hereby called contemporaneously with the
regular election for Mayor and City Council Places I
and 2, to be held April 4, 1981, at the City Hall, 5400
Bransford Road, Colleyville, Texas, from 7:00 a.m.
until 7:00 p.m. for the purpose of voting on Colleyville
Charter Amendments herein proposed.
Notice of the election shall be given by publishing
Sections I and 3 of this ordinance on the same day in
each of two successive weeks, the date of the first
publication to be not less than 14 days prior to the
date set for such election, all as provided by Article
1170, V.A.T.S.
Sec. 3. The following amendments shall be submitted by ballot
in accordance with the requirements of Article 1170,
V.A.T.S.:
I. Shall the third sentence of Section 7.01(A)
of the Colleyville Charter, which provides that the
City Manager shall become a resident of the City
within six months after his appointment and provides
for the Council to extend this period for an additional
six months, be amended to read as follows:
However, he shall become a resident of the
City within six (6) months after appointment, pro-
vided the Council may extend this period in their
discretion, and thereafter shall continue to reside
wi thin the ci ty during his tenure of office."
VOL 1I1- PAGE 6OrdinanceNo. 0-81-401
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
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17
18
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20
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Sec. 4.
23
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2. Shall Section 7.06 of the Colleyville City
Charter, which among other things provides for the
discretionary appointment of a deputy director of
finance who may be the City Assessor and Collector of
taxes,be amended by deleting therefrom the terms
Assessor and", and as same appears in the second
sentence of said section.
3. Shall Section 10.01 of the Colleyville City
Charter, which deals with the appointment of the City
Assessor-Collector of taxes and provides for the
giving of a bond, be amended by deleting therefrom
the term "Assessor-", which appears both in the first
and second sentence of said section.
4. Shall Section 10.04 of the Colleyville Charter,
which deals with the assessment of property, be amended
to delete therefrom the term "City Tax Assessor-
Collector" in the third sentence of said section and
inserting in its stead the term "Tax Assessor."
5. Shall Section 10.09 of the Colleyville City
Charter, which deals with the collection of taxes, be
amended by deleting therefrom the term "City Tax
Assessor-Collector" as same appears in the first
sentence of said section and inserting in its stead
the term "City Tax Collector."
6. Shall Section 11.02(c) of the Colleyville
City Charter, which provides for the exercise of con-
trol over platting and subdividing by the Planning
and Zoning Commission, be amended to read as follows:
11.02 Power and Duties
c) Exercise control over the platting or
subdividing of land within the corporate
limits of the City and outside said corporate
limits to the extent authorized by law, pro-
vided, however, this grant of authority shall
not limit the City Council's right to provide
that the Council shall have final approval of
plats, as provided in Vernons Annotated
rrexas Statutes, Article 974a."
Absentee voting shall commence in the office of the
City Secretary on March 16, 1981, and shall continue
Monday through Friday from 8:00 a.m. until 4:30 p.m.,
until 4:30 p.m. on March 3l, 1981.
Ordinance No. 0-81-401
Page 3
VOL JlI 'PAGE &,
1
2
3 Sec. 5. The following persons shall be the officers who shall
conduct the election:
4
James B. Moore - Presiding Judge
J. O. Bailey - Alternate Presiding Judge
5
6
and no more than seven other eligible persons as clerks
that the election judge shall appoint.
7 Sec. 6. The election shall be conducted in accordance with the
election laws of the State of Texas.
8
AND IT IS SO ORDERED.
9
I The first reading and public hearing being conducted on the
day of February , 1981.
The second reading and public hearing being conducted on the
day of ~~arch , 1981.
The third reading and public hearing being conducted on the
day of March , 1981.
17th
10 3rd
17th
11
12
13
14
15
ATTEST:
16
17
18
CITY OF COLLEYVILLE
J '/,f" f
By :6~ r/ (;'ryjffiC/~
Buck ubbard,'Mayor
19 Approved as to form and legality:
LpJ2
City Attorney
20
21
22
23
24
25
26
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2
3
4
5
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II
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RESOLUTION NO.R-81-236
WHEREAS, an election was duly held in the City of Colleyville,
Texas on the 4th day of April, 1981, to elect Mayor
and City Councilmen, Places 1 and 2, and to vote on
amendments to the Charter; and,
WHEREAS, the City Council has met and canvassed the votes cast
in such election; and,
WHEREAS, such canvass showed the following results:
1ayor
Buck Hubbard
Mike Fay
704
587
Place 1 - City Councilman
Denis C. Duffy, Jr.
Leonard E. Pratt
636
585
Place 2 - City Councilman
C. L. "Smokey" Vanover
Tom Cooney
732
558
and that the votes on the Charter election were cast as
follows:
Yes No
1. Shall the third sentence of Section
7.01(A) of the Colleyville Charter,
which provides that the City Manager
shall become a resident of the City
within six months after his appoint-
ment and provides for the Council to
extend this period for an additional
six months, be amended to read as
follows:
However, he shall become a resident
of the City within six (6) months after
appointment, provided the Council may
extend this period in their discretion,
and thereafter shall continue to reside
within the City during his tenure of
office." 767 225
2. Shall Section 7.06 of the Colleyville
City Charter, which among other things
provides for the discretionary appoint-
ment of a deputy director of finance who
11.,1 Resolution No. R-81-23n
Page 2
I
1
2
Yes No
5
may be the City Assessor and Collector
of taxes, be amended by deleting there-
from the terms "Assessor and", and as
same appears in the second sentence of
said section. 713 216
3
4
7
3. Shall Section 10.01 of the Colleyville
City Charter, which deals with the
appointment of the City Assessor-Collec-
tor of taxes and provides for the giving
of a bond, be amended by deleting there-
from the term "Assessor-", which appears
both in the first and second sentence
of said section. 717 204
6
8
9
10
4. Shall Section 10.04 of the Colleyville
Charter, which deals with the assess-
ment of property, be amended to delete
therefrom the term "City Tax Assessor-
Collector" in the third sentence of said
section and inserting in its stead the
term "Tax Assessor." 714 202
11
I
12 II
131 5. Shall Section 10.09 of the Colleyville
City Charter, which deals with the col-
lection of taxes, be amended by deleting
therefrom the term "City Tax Assessor-
Collector" as same appears in the first
sentence of said section and inserting in
its stead the term "Ci ty Tax Collector." 715 196
14
I
15 I
16 I
I'17 !I
18
6. Shall Section 11.02(c) of the Colley-
ville City Charter, which provides for
the exercise of control over platting
and subdividing by the Planning and Zon-
ing Commission, be amended to read as
follows:
19
11.02 Power and Duties
20
c) Exercise control over the platting
or subdividing of land within the cor-
porate limits to the extent authorized
by law, provided, however, this grant of
authority shall not limit the City
Council's right to provide that the
Council shall have final approval of plats
as provided in Vernons Annotated Texas
Statutes, Article 974a." 710 240
21
22 III
1
25 II NOW,
i
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THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
Resol ution No. R-81-236
Page 3
1
2
3 COLLEYVILLE, TARRANT COUNTY, TEXAS:
4
Sec. 1. THAT the above canvass be, and the same is hereby
approved.
5 Sec. 2. THAT Buck Hubbard, be, and is hereby declared to have
been elected to the office of Mayor; and that Denis
C. Duffy, Jr., be, and is hereby declared to have been
elected to the office of City Councilman, Place 1; and
that C. L. "Smokey" Vanover, be, and is hereby declared
to have been elected to thE~ office of City Councilman,
Place 2; each to serve until April, 1983, or until their
successors are duly elected and qualified.
6
7
8
9 Sec. 3. THAT as a result of such vote, propositions 1, 2, 3, 4,
5 and 6 passed and no other were approved by a majority
of the qualified voters voting in such election, and
the Colleyville City Charter is legally amended. The
City Secretary is hereby authorized to forward such
amendments to the Texas Secretary of State as provided
by law.
10
11
12
AND IT IS SO ORDERED.
7 -rf
day of
13
v to
1981.
r
thisPasse~ by ~~..
J
vote of
1 .J)~1 J'14
CITY OF COLLEYVILLE
15
Ie f /
1. / // /' /,
By: rf3~vl >i:ft..LjX.;/~/~/
Buck Hubbard, -Mayor17
ATTEST:
18
19
20
2~i:5JLnd
ity Attorney
legali ty:
24
25
26
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1
2
3
ORDINANCE NO.0- 84-506 J
J~
1-/;;2-;'/ Ia:3lJp,m, ,
FOR THE PURPOSE
AMENDMENTS AND,
4
AN ORDINANCE CALLING AN ELECTION APRIL 7, 1984,
OF SUBMITTING PROPOSED COLLEYVILLE CHARTER
APPOINTING ELECTION JUDGES.
WHEREAS, a group of citizens has spent several months studying
the Co11eyvil1e Charter with a view to modernizing and
improving the framework of local municipal government;
and,
Sec. 2.
14
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Sec. 3.
17
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20 j
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21 I
22
23
24
25
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5
6
7
8
WHEREAS, the City Council is of the opinion that the proposed
amendments to the Charter herein submitted merit the
considerations of the citizens of the City of
Co11eyville; NOW, THEREFORE,
9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
10 TEXAS:
11
12
13
Sec. 1. An election is hereby called contemporaneously with the
regular election for City Council Places 3, 4 and 5, to
be held April 7, 1984, at the City Hall, 5400 Bransford
Road, Co1leyvi1le, Texas, from 7:00 a.m. until 7:00 p.m.
for the purpose of voting on Col1eyvil1e Charter
amendments herein proposed.
Notice of the election shall be given by publishing
Sections 1 and 3 of this ordinance on the same day in
each of two successive weeks, the date of the first
publication to be not less than 14 days prior to the
date set for such election, all as provided by Article
1170, V.A.T.S.
The following amendments shall be submitted by ballot in
accordance with the requirements of Article 1170,
V.A.T.S. :
1. Shall the last paragraph of Section 3.02 of the
Col1eyvi11e Charter, which provides for the Council to
declare a vacancy in the office of the Council if a
member fails to maintain certain qualifications or is
convicted of certain acts, be amended to read as
follows:
If any member of the Council fails to maintain the
foregoing qualifications, or shall fail to maintain the
75 per cent 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 Council
1
1
2
3
shall declare a vacancy in the office of that member of
the Counci 1 at its next regular meeting and shall fill
the vacancy as set forth in this Charter."
4
5
2. Shall Part A of Section 3.06 of the Colleyville
Charter, which describes the powers and position of the
Mayor, be amended to read as follows:
7
A). The Mayor shall preside at all meetings of the
Council, shall vote only in case of a tie vote of the
Council, and shall have veto power. The Mayor 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 of the City by the Court for the purpose of
serving civil process."
6
8
9
10
3. Shall Part B of Section 3.06 of the co1leyvil1e
Code, which provides for the election of a Mayor Pro Tem
be amended to read as follows:
11
14
B) Election of Mayor Pro Tem: Immediately following
the final swearing in of all new members elected in
accordance with Section 4.02 of thi s Charter, the
Council shall in its first regular meeting, elect from
among its members a Mayor Pro Tem who shall serve for
the term of one year."
12
13
15 4. Shall Section 3.06 of the Co11eyvi11e Charter be
amended by adding thereto a Part C, providing for the
duties and powers of the Mayor Pro Tem to read as
follows:
16
17 C) The Mayor Pro Tem shall, in the absence of the
Mayor, preside at all meetings of the Council and shall
vote on all issues before the Council. The Mayor Pro
Tem shall have no veto power, but shall perform all
other duties of the Mayor during the absence or
disability of the Mayor."
18
19
20
5. Shall the first sentence of Part A of Section 3.09
of the Co11eyville Charter which provides the location
of City Council meetings and their regularity be amended
to read as follows:
21
22
A) Council meetings shall be held at the City Hall
and the Council shall meet regularly at least twice in
every month at such times as the Council may prescribe
by rule. In the event of a lack of a quorum at a
23
24
25 2
26
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regularly scheduled meeting, the meeting shall be open
and the roll shall be taken and recorded."
6. Shall Section C of Section 3.09 of the Col1eyvi11e
Charter, which provides for the procedure to be followed
by tne Council in voting, be amended to read as follows:
C. Voting: Voting, except on procedural motions,
shall be by roll call and the "ayes" and "nays" shall be
recorded in the minutes. Every Counci1person shall vote
on all issues unless there is a declared and recorded
conflict of interest. Four voting members of the
Council shall constitute a quorum, however, no action
shall be approved with less than three affirmative
votes. If during the course of a meeting a quorum
ceases to exist, the meeting shall be deemed adjourned
and no further business shall be conducted. However, if
because of a conflict of ,interest a member steps down
and remains in the Chamber to return after the item is
resolved, then a quorum will be considered in attendance
even though only three Counci1persons are left to vote."
7. Shall the first sentence of Section 3.10 of the
Col1eyvil1e Charter, which provides the power of the
Council to inquire into the conduct of municipal affairs
and to issue subpoenas for that purpose, be amended to
read as follows:
The Council, by majority vote, shall have authority to
inquire into the conduct of any office, department,
agency, Council member, officer or employee of the City,
and to make investigations as to municipal affairs, and
for that purpose the Council shall have the power to
authorize the Mayor to subpoena witnesses, administer
oath, and compel production of books, documents, or
other tangible evidence."
8. Shall the Charter of the City of Colleyville be
amended by renumbering Section 3.13 to Section 3.14 and
inserting under Section 3.13 a new provision dealing
with resolutions before the Council, to provide as
follows:
Sec. 3.13. Resolutions.
Any official action of the Council not authorized by
ordinance shall be authorized by resolution. All reso-
lutions shall be read in open meeting of the Council and
shall be followed by public hearing."
3
1
2
3
4 i
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II6II
7 'III
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9. Shall Section 5.02 of the Co11eyvi11e Charter, which
provides for the requirements of a petition instigating
the question of recall, be amended to read as follows:
Before the question of recall of such officer shall be
submi tted to the qualified voters of the City, a peti-
tion demanding such question to be submitted, shall
first be signed by the qualified voters of the City
equal in number to at least forty per cent (40 %) of the
number of votes cast in the last regular municipal
election of the City, and in no event less than five
hundred (500) such petitioners. Each signer of such
recall petition shall personally sign their name thereto
in ink or indelible pencil, using their normal signa-
ture. In addition, each signer shall print their name,
street address of their residence in Col1eyville, voter
registration and the day, month and year that their
signature was affixed to the recall petition."
10. Shall Section 5.04 of the Co1leyvi11e Charter which
specifies the various papers constituting a petition be
amended by adding thereto the following provisions:
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 Council shall allow him
extra help for that purpose, and he shall attach to said
peti tion a certificate showing the result of such
examination. If by the Secrtary's certificate the peti-
tion is shown to be insufficient, it may be amended
within ten (10) days from the date of said certificate.
The Secretary shall, within .ten (10) days after such
amendment is filed, in case one 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."
11. Shall Section 5.05 of the Colleyville Charter,
which provides for the presentation of a recall petition
to the Council be amended to read as follows:
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 pre-
sent such petition to the Council of the City of Col1ey-
4
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ville at a special meeting called for this purpose, or
at the next regular meeting of the City Council."
12. Shall the second sentence in Section 6.02 of the
Colleyville Charter, which provides for the number of
peti tioners required on a ini tiati ve petition, be
amended to read as follows:
Said petition must be signed by qualified voters of the
City equal in number to at least forty per cent (40%) of
the number of votes cast the last regular municipal
election of the City, but in no event less than five
hundred (500) such petitioners."
13. Shall the sixth sentence of Section 6.02 of the
Colleyville Charter, which requires the filing of a
petition for initiative with the City Secretary, be
amended to read as follows:
Such petition shall be filed with the person performing
the duties of the City Secretary and must be certif ied
as required by Section 5.04 of this Charter."
14. Shall the second and third sentences of Part A of
Section 7.01 of the Colleyville Charter, which provides
f or the basi s of choosing a City Manager and specif ies
residence qualifications for the City Manager, be
amended to read as follows:
He shall be chosen by the Council solely on the basis
of his executive and administrative training, education,
experience, ability and character."
15. Shall Part C of Section.7.0l of the Colleyville
Charter, which provides for the powers and duties of the
City Manager, be amended to add an additional section to
read as follows to be numbered 4 and to consecutively
number the remaining provisions thereafter:
4. Provide each department head with a complete job
description of his duties."
16. Shall the second sentence of Part A of Section 7.03
of the Colleyville Charter which requires the Chief of
Police to carry out the duties as required of him by the
City Council be amended to read as follows:
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."
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Charter, which limits those who may be special police,
be amended to read as follows:
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B. Special Police and Reserve Police:
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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."7
8 18. Shall the second sentence of Part A of Section 7.04
of the Colleyville Charter, which requires the fire
chief to perform such duties as may be required of him
by the City Council, be amended to read as follows:
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He shall appoint and remove the employees of said
department and shall perform such duties as may be
required by the City Manager."
12 19. Shall Part B of Section 7.04 of the Colleyville
Charter, which provides for the establishment of a
volunteer fire department, be amended by addinq thereto
the following provision:
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Charter, which provides for a limitation on tax rate, be
amended by adding thereto the following provision:
No person holding an elective office may serve as a
volunteer fireman."
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20. Shall Part A of Section 7.05 of the Colleyville
Charter, which requires the Director of Public Works to
perform such duties as may be required of him by the
City Council, be amended to read as follows:
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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."
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21 The maximum tax rate shall not exceed $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 year unless
authorized by the voters of the City at a special elec-
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tion. For the purpose of the preceding limitation, any
additional ad valorem tax revenue generated or attribu-
table 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."
22. Shall Section 11.01 of the Colleyville Charter,
which provides for the establishment, make-up, and
operation of a Planning and Zoning Board, be amended to
read as follows:
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 Council for a term of two (2)
years. 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 shall be filled by the
Council for the remainder of the term. A majority of
the members shall constitue a quorum~ however, no action
shall be approved with less than four (4) affirmative
votes. Members of the Commission may be removed by a
majority of the Council after public hearing and for
cause set forth in writing. Attendance requirements for
members shall be the same as for members of the Council.
The Commission shall keep minutes of its proceedings
which shall be of public record. The Commission shall
serve without compensation."
Absentee voting shall commence in the office of the City
Secretary on March 19, 1984 and shall continue Monday
through Friday from 8:00 a.m. until 4:30 p.m. and until
4:30 p.m. on April 3, 1984.
The following persons shall be officers who shall con-
duct the election:
James B. ~1oore Presiding Judge
Sharon Lambert Alternate Presiding Judge
and no more than seven (7) other eligible persons as
clerks that the election judge shall appoint.
The election shall be conducted in accordance with the
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election laws of the State of Texas.
AND IT IS SO ORDERED. ~
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The first public hearing being conducted on the~I,j)
day of , 1984. ~nt:
The seco d public hearing being conducted on the ~ 'Idayof , 1984. ;d
The thi.rd~~ding d publie hearing being eondueted on the ~ Y11dayof :tf--!YlLtIl.fL1J- ' 1984. I
THE CITY OF COLLEYVILLE
idP C )&~~
R bert E. Neely
Mayor
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1 ATTEST
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ro.ved as to Form and
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Ross T. Fdster
City Attorney
Legality
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RESOLUTION NO. R-84-297
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WHEREAS, an election was duly held in the City of Colleyville,
Texas on the 7th day of April, 1984, to elect City
Counci 1 Places 3, 4 and 5, and to vote on amendments to
the Charter: and,
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WHEREAS, the City Council has met and canvassed the votes cast in
such election: and,
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Place 3 - City Councilman
Lyle Piner
Nei 1 Gholson9
10 Place 4 - City Councilman
11 Philip Kelly
Buck Hubbard
Nancy Burgoyne (write-in)
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Place 5 - City Councilman
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Nancy J. Burgoyne
Steve Turner
Mike Fay
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15 and that the votes on the Charter election were cast as
follows:
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1. Shall the last paragraph of Section
3.02 of the Colleyville Charter, which
provides for the Council to declare a
vacancy in the office of the Council
if a member fails to maintain certain
qualifications or is convicted of
certain acts, be amended to read as
follows:
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maintain the foregoing qualifications,
or shall fail to maintain the 75 per
cent attendance record for all
regularly scheduled meetings, as
specified in Section 3.09 hereof,
during each elected year, or shall be
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convicted of a felony or offense
involving moral turpitude, the Council
shall declare a vacancy in the office
of that member of the Council at its
next regular meeting and shall fill
the vacancy as set forth in this
Charter."936 217
2. Shall Part A of Section 3.06 of
the Colleyville Charter, which
describes the powers and position of
the Mayor, be amended to read as
follows:
A). The Mayor shall preside at all
meetings of the Council, shall vote
only in case of a tie vote of the
Council, and shall have veto power.
The Mayor 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 of the City
by the Court for the purpose of
serving civil process." 890 270
3. Shall Part B of Section 3.06 of
the Colleyville Code, which provides
for the election of a Mayor Pro Tem be
amended to read as follows:
B) Election of Mayor Pro Tem:
Immediately following the final
swearing in of all new members elected
in accordance with Section 4.02 of
this Charter, the Council shall in its
first regular meeting, elect from
among its members a Mayor Pro Tem who
shall serve for the term of one year." 913 231
4. Shall Section 3.06 of the Colley-
ville Charter be amended by adding
thereto a Part C, providing for the
duties and powers of the Mayor Pro Tem
to read as follows:
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C) The Mayor Pro Tem shall, in the
absence of the Mayor, preside at all
meetings of the Council and shall vote
on all issues before the Council. The
Mayor Pro Tem shall have no veto
power, but shall perform all other
duties of the Mayor during the absence
or disability of the Mayor."
5. Shall the first sentence of Part A
of Section 3.09 of the Colleyville
Charter which provides the location of
City Council meetings and their
regularity be amended to read as
follows:
peA) Council meetings shall be held
at the City Hall and the Council shall
meet regularly at least twice in every
month at such times as the Council may
prescribe by rule. In the event of a
lack of a quorum at a regularly
scheduled meeting, the meeting shall
be open and the roll shall be taken
and recorded."
6. Shall Section C of Section 3.09
of the Colleyville Charter, which
provides for the procedure to be
followed by the Council in voting, be
amended to read as follows:
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C. Voting: Voting, except on
procedural motions, shall be by roll
call and the "ayes" and "nays" shall
be recorded in the minutes. Every
Councilperson shall vote on all issues
unless there is a declared and
recorded conflict of interest. Four
voting members of the Council shall
constitute a quorum, however, no
action shall be approved with less
than three affirmative votes. If
during the course of a meeting a
quorum ceases to exist, the meeting
shall be deemed adjourned and no
further business shall be conducted.
However, if because of a conflict of
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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 Councilpersons are
left to vote."
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7. Shall the first sentence of
Section 3.10 of the Colleyville
Charter, which provides the power of
the Council to inquire into the
conduct of municipal affairs and to
issue subpoenas for that purpose, be
amended to read as follows:
The Council, by majority vote, shall
have authority to inquire into the
conduct of any office, department,
agency, Council member, officer or
employer of the City, and to make
investigations as to municipal
affairs, and for that purpose the
Council shall have the power to
authorize the Mayor to subpoena
witnesses, administer oath, and compel
production of books, documents, or
other tangible evidence."836 296
8. Shall the Charter of the City of
Colleyville be amended by renumbering
Section 3.13 to Section 3.14 and
inserting under Section 3.13 a new
provision dealing wi th resolutions
before the Council, to provide as
follows:
Sec. 3.13 . Resolutions.
Any official action of the Council not
authorized by ordinance shall be
authorized by resolution. All reso-
lutions shall be read in open meeting
of the Council and shall be followed
by public hearing." 851 266
9. Shall Section 5.02 of the
Colleyville Charter, which provides
for the requirements of a petition
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instigating the question of recall, be
amended to read as follows:
Before the question of recall of such
officer shall be submitted to the
qualified voters of the City, a peti-
tion demanding such question to be
submitted, shall first be signed by
the qualified voters of the City equal
in number to at least forty per cent
40%) of the number of votes cast in
the last regular municipal election of
the City, and in no event less than
five hundred (500) such petitioners.
Each signer of such recall petition
shall personally sign their name
thereto in ink or indelible pencil,
using their normal signature. In addi-
tion, each signer shall print their
name, street address of their
residence in Colleyville, voter regis-
tration and the day, month and year
that their signature was affixed to
the recall petition." 816 311
10. Shall Section 5.04 of the Colley-
ville Charter which specifies the
various papers constituting a petition
be amended by adding thereto the
following provisions:
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 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
Secrtary's certificate the petition is
shown to be insufficient, it may be
amended within ten (10) days from the
date of said certificate. The
Secretary shall, within ten (10) days
after such amendment is filed, in case
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one 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." 853
11. Shall Section 5.05 of the
Co11eyvi11e Charter, which provides
for the presentation of a recall peti-
tion to the Council be amended to read
as follows:
Within fifteen (15) days after the
date of filing of the papers constitu-
ting the recall petition, the person
performing the duties of the City
Secretary shall present such petition
to the Council of the City of Co11ey-
vi11e at a special meeting called for
this purpose, or at the next regular
meeting of the City Council." 883
12. Shall the second sentence in
Section 6.02 of the Co11eyvi11e
Charter, which provides for the number
of petitioners required on a initia-
tive petition, be amended to read as
follows:
Said petition must be signed by
qua1if ied voters of the City equal in
number to at least forty per cent
40%) of the number of votes cast the
last regular municipal election of the
City, but in no event less than five
hundred (500) such petitioners." 803
13. Shall the sixth sentence of
Section 6.02 of the Co11eyvi11e
Charter, which requires the filing of
a petition for initiative with the
Ci ty Secretary, be amended to read as
follows:
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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." 860 243
14. Shall the second and third
sentences of Part A of Section 7.01 of
the Co11eyvi11e Charter, which
provides for the basis of choosing a
City Manager and specifies residence
qualifications for the City Manager,
be amended to read as follows:
He shall be chosen by the Council
solely on the basis of his executive
and administrative training, educa-
tion, experience, ability and
character." 826 284
15. Shall Part C of Section 7.01 of
the Co11eyvi11e Charter, which pro-
vides for the powers and duties of the
City Manager, be amended to add an
additional section to read as follows
to be numbered 4 and to consecutively
number the remaining provisions
thereafter:
4. Provide each department head with
a complete job description of his
duties." 908 201
16. Shall the second sentence of Part
A of Section 7.03 of the Co11eyvi11e
Charter which requires the Chief of
Police to carry out the duties as
required of him by the Ci ty Council be
amended to read as follows:
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." 838 265
17. Shall Part B of Section 7.03 of
the Co11eyvi11e Charter, which limits
those who may be special police, be
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amended to read as follows:
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."822 285
18. Shall the second sentence of Part
A of Section 7.04 of the Colleyville
Charter, which requires the fire chief
to perform such duties as may be re-
quired of him by the City Council, be
amended to read as follows:
He shall appoint and remove the
employees of said department and shall
perform such duties as may be required
by the City Manager."833 270
19. Shall Part B of Section 7.04 of
the Colleyville Charter, which
provides for the establishment of a
volunteer fire department, be amended
by adding thereto the following provi-
sion:
No person holding an elective office
may serve as a volunteer fireman." 658 447
20. Shall Part A of Section 7.05 of
the Colleyville Charter, which re-
quires the Director of Public Works to
perform such duties as may be required
of him by the Ci ty Council, be amended
to read as follows:
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." 829 262
21. Shall Section 10.03 of the
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Colleyville City Charter, which
provides for a limitation on tax rate,
be amended by adding thereto the
following provision:
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The maximum tax rate shall not exceed
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 year unless authorized by the
voters of the City at a special elec-
tion. 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."
22. Shall Section 11.01 of the
Colleyville Charter, which provides
for the establishment, make-up, and
operation of a Planning and Zoning
Board, be amended to read as follows:
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
Council for a term of two (2) years.
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 chair-
man of the Commission shall be a
voting member. Vacancies shall be
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filled by the Council for the
remainder of the term. A majority of
the members shall constitue a quorum;
however, no action shall be approved
with less than four (4) affirmative
votes. Members of the Commission may
be removed by a majority of the
Council after public hearing and for
cause set forth in writing.
Attendance requirements for members
shall be the same as for members of
the Council. The Commission shall
keep minutes of its proceedings which
shall be of public record. The
Commission shall serve without compen-
sation." 835 248
NOW, THEREFORE, IT BE RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS: I
Sec. 1. THAT the above canvass be, and the same is herebJ
approved. -I
Sec. 2. THAT Neil Gholson be, and is hereby declared to hav
been elected to the office of City Councilman, Place 3;
and that Philip Kelly be, and is hereby declared to hav
been elected to the office of City Councilman, Place 4;
each to serve until April, 1986, or until thei
successors are duly elected and qualified.
Sec. 3. THAT as a result of such vote, amendments 1 through 22
passed by a majority of the qualified voters voting i
such election, and the Colleyville City Charter is
legally amended. The City Secretary is hereby author
ized to forward such amendments to the Secretary of th
State of Texas as provided by law.
Sec. 4. THAT as a result of such election for Place 5, no perso
received a majority of the votes, an election is hereb
called to be held at the City Hall, 5400 Bransford Road,
Colleyville, Texas, on the 28th day of April, 1984, fo
the purpose of choosing between Steve Turner and Mik
Fay for the position of City Councilman, Place 5, t
serve until April of 1986 and until a successor is dul
elected and qualified. Absentee voting shall commenc
in the office of the City Secretary on the 12th day of
April, 1984, and shall continue Monday through Frida
from 8:00 a.m. until 4:30 p.m. and until 4:30 p.m. 0
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April 2'l; 1984. Such election shall be conducted
according to the election laws of the State of Texas and,
the following persons shall be the officers who shalli
conduct the election:
SHARON LAMBERT
JAMES B. MOORE
Presiding Judge
Alternate Presiding Judge
and no more than seven (7) eligible persons as clerks
whom the election judge shall appoint.
AND IT IS SO RESOLVED.
this 11th day of April, IPASSEDbyavoteof5
1984.
oto
THE CITY OF COLLEYVILLE
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R ert E. Nee y
Mayor
I ;]Jak ail JILaVadaJohnson
II City Secretary
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to FO); Legality
Fl~:1
City Attorney
The absentee voting for the above designated election shall be held
at 5400 Bransford - City Hall Building, in said City, and said place
of absentee voting shall remain open for at least 8 hours on each
day of absentee voting which is not a Saturday, Sunday or an official
State Holiday, beginning April 12, '1984, and shall continue from
8:00 a.m. until 4:30 p.m. ending at 4:30 p.m. on April 24,1984.
SPECIAL NOTICE THAT THE OFFICE FOR ABSENTEE VOTING WIll BE OPENED
ON FRIDAY, APRIL 20, 1984 (THE REST OF CITY HALL WI LL BE CLOSED
FOR GOOD FRIDAY HOLIDAY) and SATURDAY, APRIL 21, 1984 FROM 2:00
p.m. to 8:00 p.m. FOR THE PURPOSE OF VOTING ABSENTEE.
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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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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.
17
18
Sec. 3:THAT the following proposed amendments shall be
submitted on the ballot in accordance with law:19
20 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.
21
22
23
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.24
25
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PAGE 2 OF 15 - ORDINANCE 0-91-346
1
2
3
4
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:
5 section 3.04. Compensation.
6 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."
7
8
9 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:
10
11
15
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."
12
13
14
16
17
18
19
20
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:21
22 B. Appointment and Removals.
23 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,
24
25
26 2
PAGE 3 OF 15 - O~DINANCE 0-91-846
1
2
3
4
the Council may discuss the appointment
and removal of such officers and may
communicate its opinions to the City
Manager."5
6 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:
7
8
C. Interference with Administration.
9 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."
10
11
12
13
14
15
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:16
17
A. Meetings of Council.
19
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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PAGE 4 OF 15 - ORDINANCE 0-91-846
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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:5
Section 3.11. Ordinances in General.
6
8
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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23
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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PAGE 5 OF 15 - ORDINANCE 0-91-846
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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.
5
6
8
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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19
20
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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:
22
23
section 5.07. Election to be Called.
24
25
If an officer whose removal is
sought does not resignJ the City Council
shall order an election and fix a date
26 5
PAGE 6 OF 15 - ORDINANCE 0-91-846
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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."
5
6
7
8
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:
9
14
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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11
12
13
15
16
17
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:
18 liB. Removal.
19 The City Manager may be removed
from office by a vote of not less than
four members of the Council, including
the Mayor.
20
21
22
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:23
24
C. Acting City Manager.
By a letter filed with the City
Secretary, the City Manager may25
26 6
PAGE 7 OF 15 - ORDINANCE 0-91-846
1
2
3
6
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."
4
5
7
8 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:
9
10
11
D. Powers and Duties of the city
Manager.
14
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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18
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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19
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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;22
24
3)
meetings, and
discussion to
Council;
attend all City Council
participate in the
the extent required by the
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PAGE 8 OF 15 - ORDINANCE 0-91-846
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."
8
PAGE 9 OF 15 - ORDINANCE 0-91-846
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4
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:
5
6 Section 7.03. Other Departments,
Boards and commissions.
7
9
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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15
16
17
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".18
19 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.
20
21
22
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.
23
24
25
Specified reserved funds may be
created for specific purposes, and shall
26 9
PAGE 10 OF 15 - ORDINANCE 0-91-846
1
2
3
4
be used only for such purposes or
returned to the general fund."
5
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".
6
7
8
9
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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11
12
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14
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.
15
16
17
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.
18
19
20 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:
21
22
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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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24
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PAGE 11 OF 15 - ORDINANCE 0-91-846
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appointed each odd numbered year, and four regular
members shall be appointed each even numbered
year."
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6
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".7
8
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."
9
10
11 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:
12
13
Attendance requirements for members and
alternates shall be the same as for members of the
Council."14
15
17
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:
16
18
Section 11.03. The Master Plan.
19 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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21
22
23
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25
26 11
PAGE 12 OF 15 - ORDINANCE 0-91-846
1
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4
and recommendation, and again forwarded
to the Council for its consideration."
5
6
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:
7
8
9
11
A. Scope. This section shall apply to
all elected and appointed City officials,
members of commissions, boards, committees
and City employees.
10
14
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.
12
13
15
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.
16
17
19
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.
18
20
21
22 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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PAGE 13 OF 15 - ORDINANCE 0-91-846
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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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6
7
8
9
10
11 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.
12
13
14
15 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.16
17
19
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.
18
20
21
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:
22
23 Section 14.15. Officials Indemnified.
25
Elected or appointed city
officials, commissions, boards,
committees, and employees shall be
indemnified by the City from all claims
24
26 13
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3
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5
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7
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12
Sec. 4:
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15 Sec. 5:
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Sec. 6:
19
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.
20 AND IT IS SO ORDERED
21 The 1irst reading and public hearing being conducted on the
q - day of 'iJ~ , 1991.
22
23
The second reading an~public hearing being conducted on the
rd day of ~~ , 1991.
24
25
26 14
PAGE 15 OF 15 - ORDINANCE 0-91-846
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4 The t~rd reading and ~ublic hearing being conducted on the
11 - day of ~~~~ , 1991.
5
ATTEST:CITY OF COLLEYVILLE
6
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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26 15
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
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RESOLUTION R-92-743
EREAS, an election was duly held in the City of colleyville,
Texas, on the 18th day of January, 1992, for the purpose
of Amending the City's Charter, and;
EREAS, the City Council has met and canvassed the votes cast in
such election; and,
EREAS, such canvass showed the following results:
PROPOSITION 1.
Amend the Charter to allow assessment for the costs of
other than a two lane collector street except as limited
by State law.
FOR: 211
AGAINST:529
PROPOSITION 2.
Amend the Charter to allow assessment for roadways
without approval of abutting property owners except as
limited by State law.
FOR:172
AGAINST:57'3
PROPOSITION 3.
Amend the Charter to provide a stipend and expenses to
the Council.
FOR:214
AGAINST:524
PAGE 2 OF 9 - RESOLUTION R-92-743
1
2
3 PROPOSITION 4.
4 Amend the Charter to establish prOV1Slons governing the
holding of other offices by City Council members.
5 FOR:307
6 AGAINST:427
7
PROPOSITION 5.
8 Amend the Charter to establish the authority of the City
Council over appointment and removal of employees.
9
FOR: 278
10
AGAINST: 465
11
12
PROPOSITION 6.
13
Amend the Charter to prohibit City Council interference
with administration of the City.
14
FOR:272
AGAINST: 468
15
16 PROPOSITION 7.
17 Amend the Charter to provide for regulations governing
the number of meetings of the Council and the conduct
thereof.
18
FOR: 342
19
AGAINST: 393
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21
PROPOSITION 8.
22
Amend the Charter to provide for a procedure for the
adoption of ordinances.
23 FOR:340
24 AGAINST:401
25
26
PAGE 3 OF 9 - RESOLUTION R-92-743
1
2
3 PROPOSITION 9.
4 Amend the Charter to provide for the first Saturday in
May for the conduct of the City's annual elections.
5 FOR:435
6 AGAINST:300
7
PROPOSiTION 10.
8
9
Amend the Charter to provide for public disclosures of
candidates for city offices.
10
FOR: 490
AGAINST: 256
11
12
PROPOSITION 11.
13
Amend the Charter to provide for a procedure to fix the
date for a re-call election.
14
FOR:398
AGAINST: 339
15
16 PROPOSITION 12.
17 Amend the Charter to provide for appointment and
qualifications of the City Manager.
18 FOR:402
19 AGAINST:337
20
21
PROPOSITION 13.
22
Amend the Charter to provide for a procedure for removal
of the City Manager.
23 FOR:417
24 AGAINST:318
25
26
PAGE 4 OF 9 - RESOLUTION R-92-743
1
2
3
PROPOSITION 14.
4
5
Amend the Charter to provide for the appointment and
removal of an acting City Manager
FOR: 400
6
AGAINST: 334
7
8
PROPOSITION 15.
9
Amend the Charter to provide the powers and duties of the
City Manager.
10 FOR:375
11 AGAINST:360
12 PROPOSITION 16.
13 Amend the Charter to provide for the appointment and
removal of the City Secretary.
14 FOR:362
15 AGAINST:78
16
PROPOSITION 17.
17
18
Amend the Charter to provide for the establishment,
discontinuance and organization of administrative
departments, boards and commissions of the City.
19 FOR:330
20 AGAINST:412
21
22
23
24
25
26
PAGE 5 OF 9 - RESOLUTION R-92-743
1
2
3 PROPOSITION 18.
4
Amend the Charter to provide for the City Manager to
appoint the Clerk of the Municipal Court.
5 FOR:279
6 AGAINST:460
7
PROPOSITION 19.
8 Amend the Charter to remove the provlslons dealing with
methods and manner of purchasing by the City.
9
FOR: 211
10
AGAINST: 517
11
PROPOSITION 20.
12
13
Amend the Charter to provide for the creation and use of
specified reserved funds.
14
FOR:256
AGAINST: 444
15
16 PROPOSITION 21.
17
Amend the Charter to provide that the City tax collector
shall be appointed by the City Manager.
18 FOR:233
19 AGAINST:474
20
21
22
23
24
25
26
PAGE 6 OF 9 - RESOLUTION R-92-743
1
2
3 PROPOSITION 22.
5
Amend the Charter to provide the City Council has the
power to tax real and personal property in accordance
with the Constitution and general laws of the state of
Texas.
4
6 FOR:143
7 AGAINST:564
8 PROPOSITION 23.
9 Amend the Charter to remove the limitation on the tax
rate in the City except as limited by State law.
10
FOR: 94
11
AGAINST: 622
12
PROPOSITION 24.
13
14
Amend the Charter to delete the provisions dealing with
a board of equalization.
FOR: 206
15
AGAINST: 483
16
17
PROPOSITION 25.
18
Amend the Charter to provide for the establishment,
conduct and make-up of the Planning and Zoning
Commission.
19
FOR: 345
20
AGAINST: 360
21
22
23
24
25
26
PAGE 7 OF 9 - RESOLUTION R-92-743
1
2
3 PROPOSITION 26.
4
Amend the Charter to designate the presiding officer of
the Planning and Zoning commission as the Chairperson.
5 FOR:329
6 AGAINST:373
7
PROPOSITION 27.
8 Amend the Charter to provide for the number of members of
the Planning and Zoning commission which will constitute
a quorum.9
10 FOR:345
11 AGAINST:359
12 PROPOSITION 28.
13 Amend the Charter to provide for attendance requirements
of the members of the Planning and Zoning Commission.
14 FOR:385
15 AGAINST:318
16
PROPOSITION 29.
17
Amend the Charter to provide for the establishment and
effect of a master plan for the City.
18
FOR: 340
19
AGAINST: 364
20
21
22
23
24
25
26
T'''' "
PAGE 8 OF 9 - RESOLUTION R-92-143
1
2
3 PROPOSITION 30.
5
Amend the Charter to provide for standards of ethics and
conflict of interest, procedures relating thereto,
removal from office and the effect of contracts
concerning officials, employees and other officers of the
City.
4
6
FOR: 441
7
AGAINST: 266
8
PROPOSITION 31.
9
10
Amend the Charter to provide for 120 days as a period for
giving notice of claims against the City.
11 FOR:o q
12
AGAINST:87
13 PROPOSITION 32.
14
Amend the Charter to provide for the City to indemnify
officials and employees from claims while acting in their
capacity with the City.
15
16
FOR: 265
AGAINST: 431
17
PROPOSITION 33.
18
19
Amend the Charter to provide for the powers and duties of
the Planning and Zoning Board concerning platting and
subdividing of land.
20
FOR: 292
21 AGAINST:402
22
OW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
23 COLLEYVILLE,TEXAS:
24
25
26
PAGE 9 OF 9 - RESOLUTION R-92-743
1
2
3
Sec. 1.THAT the above canvass be, and the same is hereby
approved.4
5
6
day of
7
IT IS SO RESOLVED.
vote of ~ to L on this the ~/:d
1992.
8
9
10 J~if~
ED MCKNIGHT
MAYOR PRO TEM
CITY OF COLLEYVILLE
13
11
Harris, CMC
Secretary
12
14
15
16
17
18
19
20
21
22
23
24
25
26
i ORDINANCE 0-96-1003
AN ORDINANCE CALLING A SPECIAL JOINT ELECTION WITH
TARRANT COUNTY FOR THE PURPOSE OF AMENDING THE
CONSTITUTION AND THE CITY'S CHARTER; PROVIDING AN
AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND
TARRANT COUNTY; AND PROVIDING DATES AND PLACES FOR
EARLY VOTING
WHEREAS, the citizens of the City of Colleyville, 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
WHEREAS, the City Council is of the opinion that the proposed amendments to
the Charter merit the consideration of the citizens of the City of
Colleyville; and
WHEREAS, the County of Tarrant as well as the City of Colleyville will hold
elections on November 7, 1995; and
WHEREAS, it is desirable for voter convenience and to reduce the overall cost
to each entity that said elections be held jointly with those political
subdivisions in Tarrant County conducting an election on November
7, 1995; and
WHEREAS, in order that the joint election be organized properly, the City of
Colleyville, in Tarrant County desires to select the Tarrant County
Election Administrator to conduct and coordinate this joint election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
COLLEYVILLE, TEXAS, AS FOLLOWS:
Sec. 1:That a Special Joint Election is hereby called to be held on
Tuesday, November 7, 1995, at the City Hall, 5400 Bransford
Road, Colleyville, Texas, from 7:00 a.m., until 7:00 p.m., for
the purpose of voting on the proposed Constitutional
Amendments and the proposed amendments to the Colleyville
Home-Rule Charter.
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.
Ordinance 0-95-1003
Page 2 of 9
Sec. 3:That the following proposed amendments shall be submitted
on the ballot in accordance with law:
1 )Shall Section 3.11 of the Colleyville Charter, which provides
for the method of consideration and enactment of ordinances,
be amended to read as follows:
Section 3.11. Ordinances in General.
i!
The 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 all
ordinances prior to final action by the City Council. Every ordinance
enacted by the Council shall be signed by the Mayor or the Mayor
Pro Tern in the Mayor's absence, and shall be filed with and
recorded by the City Secretary. All ordinances exclusive of
emergency ordinances as defined in Section 3.12 shall be read in
open meeting of the Council at two (2) consecutive regular Council
meetings. The caption only of each proposed ordinance shall be
read at the first and second reading, provided that upon the request
of any two (2) members of the Council, the ordinance shall be read
in its entirety on either the first or second reading, and further
provided, however, that neither metes and bounds descriptions nor
national, state, industrial, or uniform codes or manuals shall be read.
Each reading of a proposed ordinance shall be followed by a public
hearing. No final vote of approval or disapproval shall be taken by
the 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 Council meetings not less than seventy-two (72)
hours prior to the meeting at which such ordinances are read."
2) Shall Section 3.09A of the Colleyville Charter, which provides
for the number, location, and conduct of Council meetings, be
amended to read as follows:
T""
Ordinance 0-95-1003
Page 3 of 9
1
A. Meetings of Council. Council meetings shall be held at the City
Hall or such place within the City of Colleyville that the Council shall
direct. The Council shall meet regularly at least twice (2) in every
month at such times as the Council may prescribe by rule. In the
event of a lack of a quorum at a regularly scheduled meeting, the
meeting shall be opened and the roll call taken and recorded.
Special meetings may be held on the call of the Mayor or three (3)
members of the 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 the Statutes of the State of
Texas, as now or hereafter amended."
3) Shall Section 9.02 of the Colleyville Charter, which deals with
the Annual Budget, be amended by adding thereto a subpart
A(11) (e) providing as follows:
A statement indicating the relationship to, and whether each sum
improvement is consistent with the Master Plan."
4) Shall Sections 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 Sections
10.09 and 10.10 sequentially within Article 10.
5) 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.
6) Shall Section 9.08 of the Colleyville Charter, which provides
for and limits the method and manner of purchasing by the
City,. be amended to read as follows:
The Council may confer upon the City Manager general authority to
contract for expenditures without further approval of the Council for
all budgeted items not exceeding limits set by the City Councilor
State law."
t------
Ordinance 0-95-1003
Page 4 of 9
Sec. 4:
Sec. 5:
Sec. 6:
Sec. 7:
Sec. 8:
Sec. 9:
That the mutual project referenced herein, the parties hereto
agree to hold an election jointly on November 7, 1995, in
accordance with Section 271.002, Texas Election Code, and
that said election be conducted jointly pursuant to the terms
of this agreement.
That this agreement is made and entered into this /Oci-
day of ~cb:.l~ ,1995, by and between the County
of Tarrant, acting by and through the Tarrant County Elections
Administrator (hereinafter referred to as "County") and the City
of Colleyville, acting by and through its Mayor and his/her
designee (hereinafter referred to as "City").
That the City and County shall participate in the election on
Tuesday, November 7, 1995, and shall have and use the
same voting equipment, ballots and the same list of registered
voters.
That the City and County shall share the cost of conducting
the election.
That the County shall be responsible for early voting ballot
requests by mail.
That the following applies to Early Voting by Personal
Appearance:
a. Robert Parten shall serve as Early Voting Clerk; other
clerks shall be appointed as needed.
b. The City Secretary or her designee shall serve as
Deputy Early Voting Clerk
c. Early voting for said joint election shall be conducted
at City Hall, 5400 Bransford Road, Colleyville, Texas.
d. Any resident of any political subdivision participating in
this joint election may vote at the Tarrant County main
early voting location (Muller Building, 600 West
Weatherford Street, Fort Worth, Texas, 76102).
Ordinance 0-95-1003
Page 5 of 9
Sec. 10:
Sec. 11:
Sec. 12:
Sec. 13:
Sec. 14:
e. Early voting by personal appearance will begin on
October 18, 1995, and will end on November 3, 1995.
f. Extended hours for early voting shall take place at all
early voting sites on Saturday, October 28, from 7:00
a.m. to 7:00 p.m., and on Sunday, October 29, from
11 :00 a.m. to 4:00 p.m., and Thursday and Friday,
November 2 and 3, from 7:00 a.m. to 7:00 p.m.
That the Tarrant County Elections Administrator shall be
responsible for the preparation of all Early Voting Ballots.
That the Tarrant County Elections Administrator shall prepare
the voted Early Voting Ballots for counting by the Early Voting
Ballot Board.
That the Early Voting Ballot Board may include individuals
from the City, and the names of those persons selected
should be submitted to the Elections Administrator.
That the Elections Administrator agrees to coordinate,
supervise and conduct the Joint Election, pursuant to the
provisions of the Texas Election Code unless specifically
provided otherwise in this agreement.
That the Elections Administrator shall perform the following
specific duties:
a. Appoint, notify, and train all presiding judges, alternate
judges, and clerks. The names and addresses of each
judge and alternate judge shall be furnished to the City
Secretary.
Ordinance 0-95-1003
Page 6 of 9
b. Compensate election judges and clerks. Each election
judge and clerk will receive $5.50 per hour (for
maximum of 15 hours). The election judge will receive
an additional $25.00 for picking up the election
supplies prior to election day and for delivering election
returns and supplies to the Central Counting Station
after the polls close. Election judges and alternate
judges will receive $10.00 each for attending the
election school.
c. Procure, prepare, and distribute ballots.
d. Procure, prepare, and distribute early voting and
election day supplies.
e. Procure, prepare, and distribute tables and chairs, as
needed, and transport equipment to and from the
polling places.
1. Procure and deliver to polling places all voting
equipment.
g. Rent, if necessary, voting locations.
h. Provide lists of registered voters to the election judge.
I. Arrange for the use of a Central Counting Station and
for tabulating personnel and equipment needed at the
Counting Station and assist in preparation of programs
and test materials for tabulation of the ballots to be
used with electronic voting equipment.
j. Public notice of the date, time, and place of the testing
of the electronic tabulation equipment and conduct
such testing.
k. Supervise the handling and disposition of election
returns, tabulate unofficial returns and assist in
preparing the tabulation for the official canvass.
Ordinance 0-95-1003
Page 7 of 9
I. Prepare the unofficial canvass report after all precincts
have been counted and deliver a copy of the unofficial
canvass to the City of Colleyville.
m. Serve as custodian of election records and store
election records as provided by law.
n. Conduct any required recounts.
Sec. 15:That the City Secretary of the City of Colleyville shall perform
the following specific duties:
a. The City of Colleyville shall designate voting sites
giving preference to customary City locations.
b. Maps or other reference guides containing the
boundaries of each political subdivision should be
made available to Tarrant County.
c. Prepare all election orders, resolutions, notices, and
other pertinent documents for adoption for execution by
the appropriate officer; and take all actions required by
law for calling the election, establishing precincts and
polling places, handling contests, canvassing the
returns, and declaring the results, including the
Spanish translation thereof.
d. Prepare and publish in the official newspaper, or post
all required election notices.
1
I
i e.Deliver to the Elections Administrator as soon as
possible, but no later than September 27, 1995, the
official wording that is to be printed on the ballot with
the exact form, order, wording and spelling that is to be
used.
f. Prepare and submit to the U. S. Department of Justice
under Section 5 of the Voting Rights Act of 1965, the
required submissions on voting changes.
g. Canvass the official results of the election.
Ordinance 0-95-1003
Page 8 of 9
Sec. 16:That in consideration for the services and expenses provided
by the Elections Administrator and to pay for the City's share
the cost of conducting this joint election, the City of Colleyville
agrees to pay the sum of $1,800 to the Tarrant County
Elections Administrator.
Sec. 17:That should a recount be required, those costs associated
with the recount, if any, are in addition to those contemplated
in this agreement, and shall be negotiated at the time the
need for said recount is determined.
Sec. 18:That the official for all parties to contact for all purposes shall
be listed at the end of the agreement. All notices and other
deliveries under the agreement shall be delivered to said
individual so listed.
i AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the ~ day of
5ept-..un.bJ( , 1995.
The second reading and public hearing being conducted on the Iqif. day of
emhif , 1995.
The third reading and public hearing being conducted on the 3rd day of
O~Jo bl-r , 1995
ATTEST: }
l .j4J~A J fd~
s, CMC
City Secretary
C;;;F ;?
2LLE
Ed Baker
Mayor
i~
Ross 1. Foster
City Attorney
TO FORM AND LEGALITY:
Ordinance 0-95-1003
Page 9 of 9
ACCEPTANCE:
On behalf of Tarrant County Elections Administration, I hereby accept the terms
of this Agreement contained in this Ordinance.
I Signed this /ctL day of fi d~~ , 1995.
Q~ '\?~~~"'
Robert Parten
Elections Administrator
In witness whereof, the above Ordinance and Agreement was adopted at a
meeting %th~ C9mmissioners Court of Tarrant County held on the 1{)-cL day
of !J2:tt;f4~, 1995.
County of Tarrant
Tom Vandergriff
County Judge
OFFICIALS FOR NOTICE:
Robert Parten
County of Tarrant
Elections Administrator
100 West Weatherford Street
Fort Worth, Texas 76196
Jean Harris, CMC
City Secretary
City of Colleyville
5400 Bransford Road
Colleyville, Texas 76034
n~_~_'~'_____"'~'_'__M"_""'_'.__'~'_"'__..~".."._.___
r--..".".----
RESOLUTION R-96-1161
WHEREAS, an election was duly held in the City of Colleyville, Texas, on the 7th
day of November, 1995, for the purpose of Amending the City's
Charter; and,
WHEREAS, the City Council has met and canvassed the votes cast in such
election; and,
WHEREAS, such canvass showed the following results:
PROPOSITION 1.
Amend the Charter to provide for a procedure that would reduce the
required number of public hearings for an ordinance from three to
two and would eliminate the requirement that ordinances be read
word for word except upon the request of two Council Members.
FOR: 490
AGAINST: 209
PROPOSITION 2.
Amend the Charter to allow Council Meetings to be held at places
within the City limits other than City Hall.
FOR: 520
AGAINST: 179
PROPOSITION 3.
Amend the Charter to provide for the content of the budget to include
a Capital Program that references the Master Plan.
FOR: 508
AGAINST: 180
Resolution R-95-1161
Page 2 of 3
PROPOSITION 4.
Amend the Charter to remove the provision for a Board of
Eq ualization.
FOR: 449
AGAINST: 197
PROPOSITION 6.
Amend the Charter to provide for an extension of the time period
from 30 to 120 days within which a citizen can give notice of a claim
against the City.
FOR: 608
AGAINST: 86
PROPOSITION 6.
Amend the Charter to modify the purchasing procedure.
FOR: 437
AGAINST:223
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the above canvass be, and the same is hereby approved.
AND IT IS SO RESOLVED
Resolution R-95-1161
Page 3 of 3
pass;1 by a vote o!
I '
2- ayes, 0 nays, and
10- day of ~D\lQ.~,-r ,1995.
o abstentions, on this
ATTEST:CITY OF COLLEYVILLE
Ws~l)~
Ed Baker
Mayor
Jean Harris, CMC
City Secretary
RESOLUTION R-05-2521
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS, CALLING AN ELECTION TO BE HELD ON
MAY 7,2005, IN THE CITY OF COLLEYVILLE, TARRANT COUNTY,
TEXAS, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
VOTERS OF THE CITY OF COLLEYVILLE THE ADOPTION OR
REJECTION OF PROPOSED AMENDMENTS TO THE EXISTING
CITY CHARTER; DESIGNATING THE OFFICIAL POLLING PLACES
AND APPOINTING ELECTION OFFICIALS; PRESCRIBING THE
FORM OF THE BALLOTS; PROVIDING FOR NOTICE OF THE
ELECTION; AND PROVIDING GENERALLY FOR THE CONDUCT
OF THE ELECTION
WHEREAS, the Colleyville City Council has determined that certain
amendments and changes should be made to the Colleyville City Charter
which was originally adopted by the citizens of Colleyville on January 15,
1977, and as subsequently amended thereafter; and
WHEREAS, the Colleyville Charter has not been amended within the
two years preceding the proposed election date herein designated; and
WHEREAS, certain changes are proposed for the purpose of making
he Charter consistent with State Law and eliminating outdated historical
references, and such changes shall be submitted in one (1) proposition
Proposition No.1); and
WHEREAS, certain changes are proposed relating to the powers and
composition of the City Council and transition issues related to said
amendments and shall be submitted in one (1) proposition (Proposition No.2);
and
WHEREAS, the Colleyville City Council now deems it proper to submit
said proposed amendments to the Colleyville City Charter to the qualified
voters of the City of Colleyville for adoption or rejection at an election to be
held on May 7, 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT all matters stated hereinabove are found to be true and
correct and are incorporated herein as if copied in their entirety.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Resolution R-05-2521
Page 2 of 3
THAT the ballot propositions shall be submitted to the voters to
amend the existing Charter of the City of Colleyville as provided
for in Exhibit "A" hereto, which exhibit is incorporated herein by
reference.
THAT such election shall be held in the cafeteria at Bransford
Elementary, 601 Glade Road, Colleyville, Texas, on the 7th day
of May 2005, from 7:00 a.m. to 7:00 p.m.; and that early voting
shall be held at City Hall, 100 Main Street, Second Floor
Training Room, Colleyville, Texas, beginning April 20, 2005,
and shall continue through May 3, 2005, Monday through
Friday, from 8:00 a.m. until 5:00 p.m. and on Saturday, April 30,
2005, from 9 a.m. until 3:00 p.m.
THAT voting machines shall be employed for the regular
municipal election, including early voting, herein ordered in
compliance with the provisions of Chapter 121 of the Texas
Election Code, as amended.
THAT the following persons shall be the officers who shall
conduct the election:
Bertha Westerman - Presiding Judge
Connie Hampton - Alternate Presiding Judge
and no more than ten (10) eligible persons as clerks whom the
election judge shall appoint.
THAT Tarrant County Elections Administration will assume the
responsibility for the Early Voting Ballot Board.
THAT the Election shall be conducted according to the election
laws of the State of Texas and requirements of the Charter of
the City of Colleyville.
THAT the notice of the election on the proposed Charter
amendments shall be given by publication of the Propositions,
all in accordance with State law, on the same day of two
successive weeks in a newspaper of general circulation
published within the City of Colleyville, the date of the first
publication to be not less than fourteen (14) days before the
Sec. 9.
Sec. 10.
Resolution R-05-2521
Page 3 of 3
election date set herein. Such notice shall include a substantial
copy of the proposed amendments.
THAT the text of the City of Colleyville Charter, containing all
proposed revisions, shall be kept in the office of the City
Secretary of the City of Colleyville, and copies of it shall be
made available to any person upon request free of charge. The
notices required in Section 8 above shall state that the proposed
text of the City of Colleyville Charter will be available to all
interested persons at the office of the City Secretary of the City
of Colleyville.
THAT should any Charter amendment section, provision, word,
phrase, or clause of this resolution or the application thereof to
any person, or circumstances be held invalid, unconstitutional or
ineffective, the remainder of the resolution and the application of
such provisions to the other persons or circumstances shall not
be affected thereby.
AND IT IS SO RESOLVED.
APPROVED THIS / ...sr
OF ~ AYES, 0
DAY OF ~ 2005, BY A VOTE
NAYS AND 0 ABSTENTIONS.
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
Exhibit A
PROPOSITION 1:
All of these amendments in Proposition NO.1 are submitted for the
purpose of bringing the Charter into compliance with State Law, improving
consistency, and eliminating outdated historical references.
Shall the following provisions be amended as follows?
All references to "the State law" shall be amended to read "State law"
All references to "Council" shall be amended to read "City Council".
All references to specific statutory or constitutional provisions shall be amended to
refer to the general law.
All references to "Secretary" shall be amended to read "City Secretary", as
appropriate.
All references to the "Mayor" and "City Council" shall be ordered to place "Mayor"
prior to "City Council", as "Mayor and City Council.
Preamble
We, the citizens of Colleyville, Texas, in order to establish a
Home Rule municipal government, provide for the future
progress of our City, and obtain more fully the benefits of local
self-government, do hereby adopt this Home Rule Charter in
accordance with State law the Statutes of the State of Texas
and do hereby declare the residents of the City of Colleyville in
Tarrant County, Texas, living within the legally established
boundaries of said City, to be a political subdivision of said
City, to be a political subdivision of the State of Texas,
incorporated forever under the name and style of the "City of
Colleyville" with such powers, rights, authorities. privileqes.
obliqations and immunities and duties as are herein provided."
ARTICLE I
FORM OF GOVERNMENT AND BOUNDARIES
Section 1.01 Form of Government:
The Municipal Government provided by this Charter shall be known as the "Council-
Manager Government". Pursuant to its provisions, and subject only to the limitations
imposed by the State Constitution, State law the Statutes of this State, and by this Charter,
all powers of the City Council shall be vested in an elective City Council, hereinafter
referred to as the "City Council". . which shall enact local legislation, adopt budgetf;,
determine policies, and appoint the City Manager, who in turn, shall be held responsible to
the City Council for the execution of the laws and the administration of the government of
the City. All powers of the City shall be exercised in the manner prescribed by this
Charter, or, if the manner be not prescribed, then in such manner as may be prescribed by
Ordinance, Resolution, the State Constitution, or by State law St3tutes of the St3te of
Tex3s.
Section 1.02 Boundaries of the City:
The Inhabitants of the City of Colleyville, Tarrant County, Texas, residing within its
corporate limits, as heretofore or hereafter established, are hereby constituted and shall
continue to be a municipal body politic and corporate, in perpetuity, under the name of the
City of Colleyville" 'Nith such powers, privileges, rights, duties, authorities, 3nd immunities,
3S 3re herein provided. The bound3ries of the City of Colleyville sh311 be those of the City
of Colleyville 3S of the 6th d3Y of November, 1976 (See Exhibit "1\). ,which boundaries are
more fully set out and described by metes and bounds. These are on file in the Office of
City Secretary.
Section 1.03 Boundary Adjustment Extonsion of Boundaries:
The corpor3te limits of the City of Colleyville m3Y here3fter be extended by Ordin3nce
p3ssed 3nd 3dopted by the City Council 3fter publication of such notices and holding of
such public he3rings 3S 3re required by law. The City Council shall have the power by
ordinance to fix the boundaries of the City and to provide for the alteration or the extension
of said boundaries, pursuant to State law now or hereinafter enacted where the same is
not inconsistent with State law."
ARTICLE II
POWERS OF THE CITY
Section 2.01 General Powers Adopted:
The City of Colleyville m3Y exercise 311 powers that nO'1I 3re or here3fter m3Y be gr3nted to
municipalities by the Constitution or the 13WS of the St3te of Texas. 1\11 such pmNers,
Nhether expressed or implied, sh311 be exercised 3nd enforced in the m3nner prescribed
by this Charter, 3nd when not prescribed herein, in such m3nner 3S m3Y be provided by
ordin3nce or resolution of the Council of the City of Colleyville. The enumer3tion of
p3rticular powers by this Ch3rter sh311 not be deemed to be exclusive, 3nd in 3ddition to
the pmvers enumerated herein or implied hereby, or appropri3te to the exercise of such
powers, it is intended th3t the City of Colleyville sh311 h3ve 3nd m3Y exercise 311 pO'Ners of
loc31 self government, 3nd 311 pO'Ners enumor3ted in Chapter 13, Title 28, Article 1175, of
the Revised Civil St3tutes of the St3te of Tex3s, of 1925, 3nd 3mendments thereto 3nd
hereafter en3cted, or 3ny other powers 'Nhich under the Constitution 3nd 13WS of the St3te
of Tex3s, it 'Nould be competent for this Ch3rter specific311y to enumer3te in so br 3S
those pmvers 3re not limited by this Ch3rter.
The City Council shall have the powers. functions. riqhts. privileqes and immunities of
every name and nature, that are now or hereafter may be qranted to a Home Rule City by
the Constitution and State law, toqether with all implied powers necessary to carry into
execution all such powers qranted.
2
Amonq such powers, the City Council shall have police powers, the power to adiust
boundaries, to contract and to co-operate with the qovernment of any state or any aqency
or subdivision thereof, or with the federal qovernment or any aqency thereof to accomplish
any lawful purpose. The City may use a corporate seal; may acquire property within or
without its corporate limits for any municipal purpose in fee simple, or in any lease interest
or estate by purchase. qift, devise. lease. exchanqe. condemnation. and subiect to the
provisions of this Charter. may sell. lease mortqaqe. hold. manaqe. improve. exchanqe
and control property as may now or hereafter be owned by it; may sue and be sued: may
furnish municipal services. both within and without its corporate limits: may implead and be
impleaded in all courts and places and in all matters whatever: may provide for the
expenditure of public funds for a retirement system, qroup health. life and accident
insurance coveraqe. and surety bonds for City employees or officers: may pass
ordinances. resolutions. and enact such requlations as may be expedient for the
maintenance of qood qovernment. order and peace of the City and the interest. welfare.
health, morals. comfort. safety. security and convenience of the City for its inhabitants
consistent with the provisions of this Charter.
The enumeration of particular powers of this Charter shall not be held or deemed
exclusive. but in addition to the powers enumerated herein or implied hereby or
appropriate to the exercise of such powers. The City Council shall have and may exercise
all powers of local self qovernment and all powers which under the Constitution and State
law would be competent for this Charter to specifically enumerate.
Section 2.02 Eminent Domain:
The City shall have the full right, power and authority to exercise the power of eminent
domain when necessary or desirable to carry out any of the powers conferred upon it by
this Charter, or by the Constitution or State law of the St3te of Tex3s. The power of
eminent domain hereby conferred shall include the right of the City to take the fee title and
easement interests in the lands so condemned and such power and authority shall include
the right to condemn, for any municipal or public purpose. The City shall have the power
through eminent domain proceedings to acquire any public utility operating with or without
a franchise, and furnishing a public service to the citizens of Colleyville. The procedure to
be used in the 3cquisition of such property through eminent dom3in proceedings sh311 be
th3t 3S set forth in Article 3264 through Article 3271, inclusivo, Title 52 Revised Civil
St3tutOS of the St3te of Tox3s. In v31uing the property of the public utility to be 3cquired by
the City through eminent dom3in proceedings, the me3suro of d3m3ges sh311 be the f3ir
m3rket v31ue of tho physic31 properties together with its fr3nchise, if 3ny, t3ken togothor 3S
one (1) systom."
Section 2.04 Street Development and Improvements:
The City shall have the power to develop and improve, or cause to be developed and
improved, any and all public streets or ways within the corporate limits of the City by
laying out, opening, narrowing, widening, straightening, extending, lighting, and
establishing building lines along the same by purchasing, condemning, and taking
property therefore; by filling, grading, raising, lowering, paving, repaving and repairing in
a permanent manner, the same, and by constructing, reconstructing, altering, repairing,
3
and realigning curbs, gutters, drains, sidewalks, culverts and other appurtenances and
incidentals in connection with such development and improvement authorized
hereinabove, or any combination or parts thereof.
The cost of such development and improvement may be paid partly by assessments
levied as a lien against the property abutting thereon and against the owners thereof,
subject, however, to the limitations imposed by State law Article 1105b, Section 8,
Vernon's Annotated Civil Statutes of Texas, as amended. Such assessments may be
levied in any amounts and under any procedures not prohibited by State law haw, but
such assessments may not be levied in excess of thirty-three and one-third percent
33 1/3%) of the costs of such improvements for property abutting one side of said street
or public way, or sixty-six and two-thirds percent (66 2/3%) of the cost of such
improvements for property abutting both sides of said street or way. In no case shall any
property owner be assessed in excess of the cost of like improvements or repairs for a two
2) lane Collector Street as defined by City Ordinance.
Provided, however, that whenever the City undertakes developing, improving and paving
of public streets, sidewalks, alleys, highways, and other public ways within its corporate
limits, the City shall not have the power and authority to assess property abutting the
streets to be developed, improved, or paved, without the approval of sixty percent (60%) of
the abutting property owners.
The City shall have any additional powers not in conflict with this Soction, as enumerated
in Article 11 05b of Vernon's Annotated Civil Statutes of Texas, as amonded."
for the proposition
against the proposition
PROPOSITION 2:
Proposition 2 shall address the powers and composition of the City Council and
transition issues related to said amendments.
Shall the following provisions be amended as follows?
ARTICLE III
THE GOVERNING BODY
Section 3.01 Number, Selection, Term:
The Legislature and Governing Body of the City shall consist of seven (7) six (6) members;
six (6) five (5) City Council Persons elected by place number and a Mayor, all members to
be elected from the City at large, and shall be known as the 'City Council of the City of
Colleyville'. Upon the adoption of thiB Charter, the title of each incumbent Alderman shall
be changed to Council Person.
4
The Mayor and City Council Persons ::md M3yor shall be elected under the general
provisions provided by Article IV of this Charter for three (3) n\'o (2) year terms. The three
Q.} n\'o (2) year terms shall be staggered so that Council Persons from PI3CC 1 3nd 2 3t
13rge 3nd the Mayor and City Council Persons from Place 1 and 2 3nd the M3yor shall be
elected one (1) year one (1 ), aM City Council Persons from Places 3 and 4 shall be
elected the follmving ye3r. elected year two (2), and City Council Persons Place 5 and 6
shall be elected year three (3). The Mayor and each ~ of the City Council Persons-aAG
M3yor, unless sooner removed under the provisions of this Charter or State law, shall hold
office until his successor is elected and duly sworn.
Positions for members of the City Council shall be for Mayor and Places 1 throuqh 6.
Commencinq with the reqular municipal City Council election of 2006, positions for
Places 3 and 4 shall be elected for a term of two (2) years and City Council Persons for
Places 5 and 6 shall be elected for a term of three (3) years. Commencinq with the
reqular municipal election of 2007, positions for Mayor and City Council Persons for
Places 1 and 2 shall be elected for a term of three (3) years. Commencinq with the
reqular municipal election of 2008. City Council Persons for Places 3 and 4 shall be
elected for a three (3) year term. Thereafter, the Mayor and each member of the City
Council shall be elected for a three (3) year term.
Terms Rogul3r torms of office shall commence at the beginning of the first regular
meeting of the City Council following the canvass of the election as provided by Article
4.
Section 3.02 Qualifications:
Each candidate for membership and each member of the City Council shall be and
remain:
A) A resident of the City of Colleyville and shall have been a resident for a period
of not less than twelve (12) months immediately preceding their election or a
resident of any territory not formerly within the corporate limits of the City but which
is annexed under the provisions of this Charter for twelve (12) months preceding
their election;
B) A qualified voter of the State of Texas and the City of Colleyville;
C) Not financially delinquent indebted to the City.
If any member of the City Council fails to maintain the foregoing qualifications, or shall
fail to maintain the seventy-five percent (75%) attendance record for all regularly
scheduled meetings, as specified in Section 3.09 hereof, during each elected year, or
shall be convicted of a felony or offense involving moral turpitude, the City Council shall
declare a vacancy in the office of that member of the City Council at its next regular
meeting and shall fill the vacancy as set forth in this Charter. (Amended April 7, 1984)
Sections 3.03, 3.04, 3.05 shall remain unchanged.]
5
Section 3.06 Mayor and Mayor Pro Tem:
The Mayor shall preside at all meetings of the City Council and shall vote on all issues.
The Mayor. except as provided in 3.07. shall voto only in caso of a tie of tho Council,
and shall havo veto powor. sign all contracts and conveyances made or entered into by
the City, and all bonds issued under the provision of this Charter, and shall be the
official representative of the City. The Mayor shall be recognized as the official aqent of
the City by the Court for the purpose of serving civil process.
b. Eloction of Mayor Pro Tem: Immediately following the final swearing in of all members
elected in accordance with Section 4.02 of this Charter, the new City Council shall in its
first regular meeting, elect from among its members a Mayor Pro Tem who shall serve for
the term of one (1) year.
G:- The Mayor Pro Tem shall, in the absence of the Mayor, preside at all meetings of the
City Council and shall vote on all issues before the City Council. The Mayor Pro Tem shall
havo no voto powor, but shall perform all other duties of the Mayor during the absence or
disability of the Mayor.
d. Emorgoncy Powers of the Mayor: In time of danger or emergency, the Mayor may take
command of the Police and govern the City by proclamation and maintain order and
enforce all laws.
Section 3.07 Powers of the City Council:
All powers and authority granted to the City by the Constitution of the State of Texas shall
be vested in the City Council, except as otherwise provided by State law or this Charter.
The City Council shall provide for the exercise thereof and for the performance of all duties
and obligations imposed upon the City by State law and this Charter.
In addition to the provisions set forth in Section 3.06. the City Council shall have the
power to authorize the City Manaoer to siqn a specific contract or expenditure; provided.
however. the City Manaqer shall not be authorized to siqn any bonds issued under any
provisions of the Charter.
Section 3.08 Forfeiture of Elected Office Prohibitions:
A) Except where authorized by State law. a Mayor or City Council Person shall:
1) Resiqn their current office at the time of filinq for any publicly elected
position if their term extends past the beqinninq of the position souqht:
2) Not hold any compensated appointive City office or employment with the
City durino the term for which elected; and
3) Not hold any compensated appointive City Office or employment with
the City until one (1) year after the expiration of the term for which elected.
6
A Holding other office: Except 'Nhere 3uthorized by ~ 13\\', no M3yor or .Q.!!y Council
Person Sh311 hold 3ny other City office or employment by the City during the term for \\'hich
he \\'-3S elected to the .Q.!!y Council, 3nd no former M3yor or .Q.!!y Council Person Gh311 hold
3ny compens3ted 3ppointive City Office or employment until one (1) ye3r 3fter the
expir3tion of the term for '.r.:hich he '....3S elected.
B) Appointments and/or removals of City employees. The members of the City
Council shall in no way dictate the appointment or removal of any City
administrative officer or employee whom the City Manager or any of his
subordinates are empowered to appoint, unless otherwise provided in this Charter.
The Council, by 3t le3st four (4) 3ffirm3tivo votes, in public sossion, m3Y require the
City M3n3ger to removo 3ny employee for C3use.
C) Interference with Administration. Except for the purpose of inquiries and
investigations by the direction of the City Council, unless provided otherwise in this
Charter, the City Councilor its members shall deal with City officers and employees
who are subject to the direction and supervision of the City Manager solely through
the City Manager, and neither the City Council nor its members shall give orders to
any such officer or employee, either publicly or privately, except in a state of
declared emergency.
D) Admission of liability. Neither the City Council nor its members shall accept or
admit liability or pay any claim for damages asserted against the City without first
obtaining a written opinion from the City Attorney regarding the City's liability
therein.
E. Resign3tion of oloctod offici31: Any elected offici31 sooking olection to 3ny othor olocted
position must resign his current office 3t timo of filing, if his olected torm oxtends p3St tho
beginning of the position sought.
Section 3.09 Meetings and Rules of Procedure:
A) Meetings of City Council. City Council meetings shall be held at the City Hall
or such place within the City of Colleyville that the City Council shall direct. The
City Council shall meet regularly at least twice (2) in every month at such times
as a City Council may prescribe by rule. In the event of a lack of a quorum at a
regularly scheduled meeting, the meeting shall be opened and the roll call taken,
aM recorded and adiourned until the reqular or called special meetinQ. Special
meetings may be held on the call of the Mayor or four tJ::H:ee ill (d) members of
the City Council at the place within the City of Colleyville designated in the public
notice. All meetings shall be held and public notice thereof given as required by
State law tho St3tO of Tox3s, 3S nO'N or horo3fter 3mendod.
B) Minutes and Rules. The City Council shall determine its own rules and order of
business, and shall provide for keeping minutes of its proceedings and post copy
on the City Bulletin Board until the next meeting. The minutes shall be a public
record.
7
C) Quorum and Voting. Four (4) votinq members of the Citv Council shall
constitute a quorum. Votinq, except on procedural motions, shall be bv roll call and
the "aves" and "navs" shall be recorded in the minutes. The Mavor and every Citv
Council Person shall vote on all issues unless there is a declared and recorded
statutory conflict of interest. If because of a statutory conflict of interest a member
steps down and remains in the Chamber to return after the item is resolved, then a
quorum will be considered in attendance even thouqh onlv three (3) Citv Council
Persons are left to vote. However, no action shall be approved with less than four
4) affirmative votes. If durinq the course of a meetinq a quorum ceases to exist. the
meetinq shall be deemed adiourned and no further business shall be conducted.
Voting, except on procedur31 motions, shall be by roll call 3nd the "3yes" and "nays" shall
be recorded in the minutes. Every Council Person shall vote on 311 issues unless there is a
declared and recorded conflict of interest. Four (-1) voting members of the Council Sh311
constitute 3 quorum. ,hO'.vever, no action shall be approved '."lith less th3n three (3)
3ffirmative votes. If during the course of a meeting a quorum ceases to exist, the meeting
shall be deemed 3djourned 3nd no further business shall be conducted. However, if
bec3use of 3 conflict of interest 3 member steps down and remains in the Chamber to
return after the item is resolved, then 3 quorum 'Nil! be considered in 3ttend3nce even
though only three (3) Council Persons are left to vote. (Amended April 7, 1981)
Section 3.10 Investigation by the City Council:
The Citv Council, by majority vote, shall have authority to inquire into the conduct of any
office, department, agency, Citv Council member, officer or employee of the City, and to
make investigations as to municipal affairs, and for that purpose the Citv Council shall
have the power to authorize the Mayor to subpoena witnesses, administer oaths, and
compel production of books, documents, or other evidence. Failure to obey such
subpoena or produce books, documents, or other tangible evidence as ordered under the
provisions of this Section shall constitute cause for removal from office and/or dismissal
from employment in accord3nce with the provisions of Section 3.08 B of this Charter.
Section 3.11 Ordinances in General:
The Citv Council shall legislate by ordinance, and the enacting clause of every ordinance
shall be, "Be it ordained by the Citv Council of the City of Colleyville." The City Attorney
shall approve as to legality of all ordinances and resolutions and their compliance with the
Charter. 311 ordin3nces prior to final action by the Citv Council. Every ordinance enacted
by the Citv Council shall be signed by the Mayor or Mayor Pro-Tem in the Mayor's
absence, and shall be filed with and recorded by the City Secretary. All ordinances
exclusive of emergency ordinances as defined by Section 3.12, shall be read in open
meeting of the Citv Council at two (2) consecutive regular Citv Council meetings. The
caption only of each proposed ordinance shall be read at the first and second reading,
provided, that upon the request of any three twe Q2 f21 members of the City Council, the
ordinance shall be read in its entirety on either the first or second reading, and further
provided, however, that neither metes and bounds descriptions nor national, state,
industrial, or uniform codes or manuals shall be read. Tabled ordinances shall be read
8
after beinq removed from the table. Each reading of a proposed or tabled ordinance shall
be followed by a public hearing. No final vote of approval or disapproval shall be taken by
the City Council until after the second reading and public hearing on each ordinance. The
captions of all proposed ordinances shall be posted upon a bulletin board at City Hall
established for the purpose of giving notice of City Council meetings not less than seventy-
two (72) hours prior to the meeting at which such ordinances are read.
Section 3.12 Emergency Ordinances:
The City Council may adopt emergency ordinances only to meet public emergencies
affecting life, health, property, or the public peace. In particular such ordinances shall not
levy taxes, grant or renew or extend a franchise, or attempt to regulate the rate charged by
any public utility for its services. An emergency ordinance shall be introduced in the form
and manner generally prescribed for ordinances, except that it shall be plainly designated
in the title as an emergency ordinance and shall contain after the enacting clause, a
declaration stating that an emergency exists and describing it in clear and specific terms.
An emergency ordinance can be adopted with or without amendment or rejected at the
meeting at which it is introduced. The affirmative vote of a majority of four (4) or more
members the City Council shall be required for adoption. After adoption, the ordinance
shall be published as required for other adopted ordinances. Every emergency ordinance
so adopted, shall automatically stand repealed as of the sixty-first (61) day following the
day on which it became effective, but this shall not prevent re-enactment of the emergency
ordinance or as an ordinance in general under Section 3.11.
Section 3.13 Resolutions:
Any official action of the City Council not authorized by ordinance shall be authorized by
resolution. All resolutions shall be read in open meeting of the City Council and shall be
followed by public hearing.
Section 3.14 Shall be deleted in its entirety.]"
Section 13.01 Schedule:
A) [Shall remain unchanged.]
B) Upon adoption of this Charter, the present Mayor and members of the City
Council fillinq elective offices shall continue to fill those offices for the terms sAaft
serve until the terms to which they were elected. shall have expired and until their
successors shall have been qualified. The City Council shall be elected as
provided in Article 3 of this Charter. Persons. who on the date this Charter is
adopted. are fillinq appointive positions with the City which are retained under this
Charter. may continue to fill these positions for the term for which they were
appointed, unless removed by the City Councilor by other means provided for in
this Charter or State law.
C) Prior to the initial election of the City Council Person for Place 6, the followinq
provisions shall apply:
9
1) The Mayor shall retain veto powers, and the process and procedures
thereto as, permitted by the Charter dated December 7, 1995.
2) The Mayor shall vote only in case of a tie or to vote to remove the City
Manaqer,
3) Special meetinqs of the City Council may be held on the call of the
Mayor or three (3) members of the City Council,
4) No action shall be approved with less than three (3) affirmative votes of
the City Council. and
5) Any two (2) members of the City Council may request an entire
ordinance to be read at the first and second readinqs of an ordinance.
C. Conversion of the accounting system from cash to an accrued cash basis shall occur
3t the beginning of the first fiscal year 3fter employment of the City M3nager.
Section 13.02 Shall remain unchanged.]
Section 13.03 Shall remain unchanged.]
Section 13.04 Shall remain unchanged.]
Section 13.05 Shall be eliminated in its entirety.]"
for the proposition
against the proposition
PROPOSITION 3:
Shall Article VII, Administrative Organization be amended as follows?
ARTICLE VII
ADMINISTRATIVE ORGANIZATION
Section 7.01 City Manager:
A) Appointment and Qualifications. The City Council by a vote of not less than
four (4) members shall appoint the City Manager for an indefinite term and fix the
Manager's compensation. The City Manager shall be appointed solely on the basis
of executive and administrative qualifications. The City Manager need not be a
resident of the City or State at the time of appointment. The City Manager may not
10
reside outside the City while in office without the approval of the City Council.
Amended April 7, 1984)
B) Removal. The City Manager may be removed from office by a vote of not less
than four (4) members of the City Council, including the Mayor. The Mayor shall be
entitled to vote on the removal of the City ManaQer. (Amended January 18, 1992)
C) Acting City Manager. Bya letter filed with the City Secretary, the City Manager
may designate a City officer or employee to exercise the powers and perform the
duties of the City Manager during the City Manager's temporary absence or
disability. The City Council may revoke the City Manager's designation and may
appoint an officer or employee of the City to serve during the City Manager's
absence or disability. (Amended January 18, 1992)
D) Powers and Duties of the City Manager. The City Manager shall be the chief
administrative officer of the City, responsible to the City Council for the
administration of all City affairs placed in the City Manager's charge by or under this
Charter. The City Manager shall:
1) Appoint, suspend or remove all City employees and appointed
administrative officers in accordance with the provisions of State law, this
Charter and the ordinances of the City. The City Manager may delegate to
an administrative officer, subject to the City Manager's direction and
supervision, the authority to exercise the power to appoint, suspend or
remove employees working under the administrative officer;
2) Direct and supervise the administration of all departments, as otherwise
provided by this Charter, except as othorvlise provided by this Charter or by
taw.
3) Attend all City Council meetings, and participate in the discussion to the
extent required by the City Council;
4) Provide for the faithful execution and enforcement of all laws, this
Charter, and acts of the City Council;
5) Prepare and submit the annual budget and capital program to the City
Council;
6) Submit to the City Council and make available to the public a complete
report on the finances and administrative activities of the City as of the end
of each fiscal year;
7) Make such other reports as the City Council may require concerning the
operations of the City departments, offices and agencies subject to the City
Manager's direction and supervision;
11
8) Keep the City Council fully advised as to the financial condition and
future needs of the City;
9) Make recommendations to the City Council concerning the affairs of the
City;
10) Provide staff support services for the Mayor, City Council members,
and appointed commissions, boards, and committees; and
11) Perform such other duties as are specified in this Charter or as may be
required by the City Council.
Section 7.02 City Secretary:
The City Manager shall appoint a qualified individual to fill the position of City Secretary,
I.'ith tho appro'.'::!1 of tho City Council. The City Secretary shall not be appointed for a
definite term, but may be removed from office by the City Manager \Nith tho ::!pproval of tho
City Council. The City Secretary shall:
A) Give notice of and attend all official public meetings of the City Council;
B) Record the minutes and proceedings of all official public meetings of the City
Council; provided, however, that only the title and caption of duly enacted
ordinances shall be recorded in the minutes;
C) Act as custodian of all official records of the City Council;
D) Hold and maintain the Seal of the City and affix this Seal to all appropriate
documents;
E) Authenticate by signature and Seal, and record in a book kept and indexed for
the purpose, all ordinances and resolutions of the City; and
F) Perform such other duties as may be required by the City Manager, the City
Council, this Charter, or by tf\e State laws of tho Stato of Toxas and not
inconsistent with other provisions of this Charter.
Section 7.03 Department of Police:
There shall be established and maintained a Department of Police to preserve order within
the City and to secure the residents of said City from violence and the property therein
from injury or loss.
A) Chief of Police. The Chief of Police shall be the chief administrative officer of
the Department of Police. He shall appoint and remove the employees of said
department and shall perform such duties as may be required of him by the City
Manager. The Chief of Police shall be appointed by the City Manager 'I.'ith tho
approval of the City Council for an indefinite term. The Chief of Police shall be fully
12
responsible to the City Manager for the administration of his Department, and for
the carrying out and enforcement of the resolutions and ordinances of the City
Council. He may be removed from office by said City Manager, with tho 3ppro'y'31 of
City Council.
B) Special Police and Reserve Police. No person, except as authorized by
general law, by this Charter, or by the ordinances passed pursuant hereto, shall act
as a special police officer or reserve police officer. No person holding an elective
office may act as a reserve police officer.
Section 7.04 Fire Department:
There shall be established and maintained a Fire Department to provide means for
protection against conflagrations and other disasters and to provide for the maintenance,
support, and regulation of a Fire Department and for the guarding against fires.
A) Fire Chief. The Fire Chief shall be the chief administrative officer of the Fire
Department. He shall appoint and remove the employees of said department and
shall perform such duties as may be required by the City Manager. The Fire Chief
shall be appointed by the City Manager with tho 3pprov31 of tho City Council for an
indefinite term. The Fire Chief shall be fully responsible to the City Manager for the
administration of his department, and for the carrying out and enforcement of the
resolutions and ordinances of the City Council. He may be removed from office by
said City Manager'Nith tho 3pprov31 of tho City Council. (Amended April 7,1984)
B) Volunteer Fire Department. Authority is hereby granted to maintain a Volunteer
Fire Department. No person holding an elective office may serve as a volunteer
fireman. (Amended April 7, 1984)
Section 7.05 Department of Public Works:
There shall be established and maintained a Department of Public Works to provide and
maintain water and sewer services and such other duties as the City Council may direct.
A Director of Public 'Norks: The Director of Public Works shall be the chief administrative
officer of the Department of Public Works. He shall appoint and remove the employees of
said department and shall perform such duties as may be required of him by the City
Manager. The Director of Public Works shall be appointed by the City Manager 'Nith tho
3pprov31 of the City Council for an indefinite term. The Director of Public Works shall be
fully responsible to the City Manager for the administration of his Department, and for the
carrying out and enforcement of the resolutions and ordinances of the City Council. He
may be removed from Office by said City Manager with tho 3pprOV31 of tho City Council.
Amended April 7, 1984)
13
Section 7.06 Department of Finance:
There shall be a Department of Finance headed by the City Manager or his appointee.
The City Manager with tho 3pprov31 of City Council may appoint a deputy director of
finance who may be the City Collector of Taxes. (Amended April 4, 1981)
Section 7.07 Other Departments, Boards and Commissions:
The City Council may abolish or consolidate any office or department except those created
by this Charter. The City Council may divide the administration of any such departments
as it may deem advisable and may create new departments.
The City Council shall create, establish, or appoint, as may be required by State law,
circumstances, or this Charter, those Boards, Commissions, and Committees which are
deemed necessary to carry out the functions and obligations of the City. The City Council
shall prescribe accountability and tenure of each Board, Commission, and Committee
where such are not prescribed by State law or this Charter."
for the proposition
against the proposition
PROPOSITION 4:
Shall the Article X, Taxation be amended as follows?
ARTICLE X
TAXATION
Section 10.01 Department of Taxation:
At the discretion of the City Council, there shall be established a Department of Taxation to
assess and collect taxes, the head of which shall be the City Collector which office shall be
filled by appointment by the City Manager with tho approv31 of tho City Council, for an
indefinite term. The Collector shall give a surety bond for faithful performance of his
duties, including compliance with all controlling provisions of the State law baw bearing
upon the functions of his office, in a sum which shall be fixed by the City Council at not
less than one hundred teA thousand dollars ($10,000.00 $100,000).
Section 10.02 Power to Tax:
The City Council of the City shall have the power, and is hereby authorized to levy, assess
and collect, not to exceed the maximum limits set by the Constitution and State law 13ws of
tho St3tO of Tox3s 3S thoy now oxist or 3S thoy m3Y bo 3mondod, on each one hundred
dollar ($100.00) assessed valuation of all property having a situs within the corporate limits
of the City and not exempt from taxation by the Constitution and State laws of tho St3tO of
Tox3s.
14
Section 10.03 Shall remain unchanged.]
Section 10.04 Taxes - When Due and Payable:
All taxes due the City of Colleyville shall be payable at the office of the City Tax Collector
and may be paid at any time after the tax rolls for the year have been completed and
approved, which shall be not later than October 1st. Taxes shall be paid on or before
January 31st, and all such taxes not paid on or prior to such date shall be deemed
delinquent and shall be subject to such penalty and interest as the .Qi!y Council m3Y
provide by ordin3nce authorized by State law. The.Qi!y Council m3Y provide further by
ordin3nce th3t 311 t3xes either current or delinquent, due the City of Colleyville m3Y be p3id
by inst3l1ments. Failure to levy and assess taxes through omission in preparation of the
approved tax roll shall not relieve the person, firm or corporation so omitted from obligation
to pay such current or past due taxes as shown to be payable by recheck of the rolls and
receipt for the years in question. The Council Sh311 be prohibited from 'N3iving pen31ties
3nd interest, 3110'.\'ing discounts, 3nd extending time for p3yment of t3xes.
Section 10.05 Tax Liens:
The tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon
the property as of January 1 st of any eaeR year, upon which the tax is due, which lien,
charge or encumbrance the City is entitled to enforce and foreclose in any court having
jurisdiction over the same, and the lien, charge or encumbrance on the property is such
as to give the State Courts jurisdiction to enforce and foreclose said lien on the property
on which the tax is due, not only as against any resident of this State or person whose
residence is unknown, but as against non-residents. All taxes upon real estate shall
especially be a lien and a charge upon the property upon which the taxes are due, and
such lien may be foreclosed in any court having jurisdiction. Such lien shall be, prior to
311 other c13ims, 3nd no gift, s3le, 3ssignment or tr3nsf-or of 3ny kind, or judici31 'Nrit of
3ny kind, C3n ever defe3t such lien entitled to that priority as allowed by State law.
In addition to the lien herein provided, on the first day of January of any year the owner
of real and personal property subject to taxation by the City shall be personally liable for
the taxes due thereon for such year. The City shall have the power to sue for and
recover personal judgment for taxes without foreclosure, or to foreclose its lien or liens,
or to recover both personal judgment and foreclosure. In any such suit where it appears
that the description of any property in the City Assessment Rolls is insufficient to identify
such property, the City shall have the right to plead a good description of the property
intended to be assessed, to prove the same, and to have its judgment foreclosing the
tax lien and/or personal judgment against the owner for such taxes."
for the proposition
against the proposition
15
PROPOSITION 5:
Shall Article XIV, General Provisions be amended as follows?
Section 14.01 Publicity of Records:
All record and accounts of every office, department, or agency of the City shall be open to
inspection by any citizen individual subject to public inspection as provided by State law 6f
by any representative of the press at all reasonable times and under such reasonable
regulations as may be established by the City Manager and/or the City Council, except
records and documents the disclosure of which would tend to defeat the la'Nful purpose
lJhich they are intended to accomplish or those records and documents prohibited from
disclosure by Ia\\'.
Section 14.02 Personal Financial Interest:
This section shall apply to all elected and appointed City officials. members of
commissions, boards. committees and City employees.
f\. Scope. This section shall apply to all elected and appointed City officials,
members of commissions, boards, committees and City employees.
B-(ill Misuse of Office. No person shall use his office, position or employment in
an unlawful manner or in a manner calculated to obtain a financial benefit or a
commercial benefit that would not be available to someone not holdinq such office
or position. which is not normally or customarily received as a result of the office,
position or employment held.
G (ill Contracts. A person, who is subject to this section and has a direct interest
in any proposed or existing contract, purchase, work, sale or service to or by the
City, shall not participate in discussions thereon, render a decision thereon, or vote
thereon.
G (C) Discretionary Authority. No person shall make a decision or exercise their
discretionary authority with reqard to an entity in which he or she has a direct or
indirect financial interest as prohibited by State law.
e (D) No person shall qrant. accept or solicit in the discharqe of his official duties
any favor or personal benefit. service or thinq of value to any person or entity in
violation of State law.
F (.E} Notice. Any person who shall have a conflict of interest under paragraph B G
above shall file a sworn statement describing in reasonable detail such conflict with
the City Secretary no later than either the beginning of the meeting at which the
matter will first be discussed or acted upon, or the time at which the potential
conflict first becomes known to the person, whichever occurs first.
G (E.) Citizen Complaints. Any citizen of the City may file with the City Secretary a
statement of suspected conflict of interest. Such statement of suspected conflict of
16
interest shall be filed within fifteen (15) days of the decision, vote, or other event
giving rise to an asserted violation of paragraph C above, and shall describe the
complained of conflict in reasonable detail. The City Council, or its designee, shall
respond in writing to a timely filed statement of suspected conflict of interest, and
the statement of suspected conflict of interest and response of the City Council
shall be maintained in the public records of the City.
M (G) Oath. Upon the election, appointment, or employment of any person by the
City, they shall sign a statement acknowledging that they have read and are familiar
with the provisions of this Section of the Charter, and all other sections of State law
pertaining to the conflict of interest, and these statements shall be maintained as
public record of the City.
ill Removal from Office. Failure to comply with any of the provisions of this
Section shall constitute malfeasance in office and upon a finding by a Court of
competent jurisdiction of said violation, the person shall immediately forfeit their
position or office and such position or office shall be deemed vacant.
J m Contracts Voidable. Any violation of part C of this Section in the approval
process of any contract shall make said contract voidable by the City.
K (J) The City Council may adopt by ordinance, a code of ethics and conduct that
is consistent with the provisions of this Charter.
Section 14.03 Shall remain unchanged.]
Section 14.04 Shall remain unchanged except as amended by Proposition 1.]
Section 14.05 Tort Liability:
Before the City shall be liable for damages for the death or personal injuries of any person
or for damages to or destruction of property of any kind, which does not constitute a taking
or damaging of property under the Constitution of the State of Texas, Article I, Section 17,
Constitution of the St3te of Tex3s, the person injured, if living, or his representatives, if
deceased, or the owner, his agent or attorney of the property damaged or destroyed shall
give the City Manager or City Secretary notice in writing of such death, injury, damage or
destruction, duly verified by affidavit, within one hundred twenty (120) days after same has
been sustained, stating specifically in such written notice when, where, and how the death,
injury, damage or destruction occurred, and the apparent extent of any such injury, the
amount of damages sustained, the actual residence of the claimant by street and number
at the date the claim is presented, the actual residence of such claimant for six (6) months
immediately preceding the occurrence of such death, injury, damage or destruction, and
the names and addresses of all witnesses upon whom it is relied to establish the claim for
damages. No action at law for damages shall be brought against the City for such death,
injury, damage or destruction prior to the expiration of sixty (60) days after the notice
hereinbefore described has been filed with the City Manager or the City Secretary.
Section 14.06 Shall remain unchanged.]
17
Section 14.07 Shall remain unchanged except as amended by Proposition 1.]
Section 14.08 Shall remain unchanged except as amended by Proposition 1.]
Section 14.09 Shall remain unchanged.]
Section 14.10 Amending the Charter:
Amendments to this Charter may be framed shall bo formulated and submitted to the
voters of tho City in the manner provided by State law, but in no event more frequently
than once every two years. Chaptor 13 of Titlo 28 of tho Rovisod Civil Statutos of Texas,
1925, as nO'.\' or heroaftor amondod.
Section 14.11 Shall remain unchanged.]
Section 14.12 Shall remain unchanged.]
Section 14.13 Shall be deleted in its entirety.]"
for the proposition
against the proposition
PROPOSITION 6:
Shall Article IV, Elections be amended as follows?
ARTICLE IV
ELECTIONS
Section 4.01 Laws Governing City Elections:
All City elections shall be governed, except as otherwise provided by this Charter, by tRe
laws of tho State law of T oxas governing general and municipal elections, so far as tRe
I3ws of tho State law may be applicable thereto. In the event there should be any failure of
the laws of tho State law of Texas or this Charter to provide for some feature of the City
elections, the City Council shall have the power to provide for or correct such deficiency.
No informalities in conducting a City oloction shall invalidate said oloction, if If the election
is conducted fairly and in substantial compliance with tho I3ws of tho State law, whoro
applicable, and the Charter and ordinances of the City, the election shall not be
invalidated.
18
Section 4.02 General Elections:
The regular City elections shall be held annually on the first Saturday in May, unless
specifically required to be held on another day pursuant to State law, at which time officers
shall be elected to fill those offices as required by this Charter. The same shall be
conducted and the results canvassed and announced in accordance with the kI'NS of the
State law of T eX3S regulating all municipal elections and in accordance with the
ordinances and resolutions adopted by the City Council for the conduct of elections.
Section 4.03 Special Elections:
The City Council may by ordinance or resolution call such Special Elections as are
authorized by the 13ws of the State law of Texas or by this Charter, fix the date and place
of holding same, and provide all means for holding such Special Election.
Section 4.04 Publishing City Elections:
It is the responsibility of the City Council to inform the registered voters of the City as to the
time, place, date and purpose of any forthcoming City election, and the City Council shall
establish such rules and procedures, in addition to those required by State law baw, to
adequately inform the qualified voters of the City.
Section 4.05 Run-Off Election:
In the event that no candidate for a designated office received a majority of all votes
cast for that position in the regular or special election, a run off election shall be held as
required by tAe State law. Election Code of the State of Tex3s, Vernon's Annotated
Civil Statutes, 3S amended.
Section 4.06 Shall remain unchanged]
Section 4.07 Public Disclosure:
At the time of filing of a candidate for a City office, the candidate shall deliver to the City
Secretary a disclosure statement containing the following information:
A) The location, size, and current use of all property owned within the city or within
any contiquous city, or held in trust by the candidate, their spouse, and any
dependent minor children, or any business entity in which the candidate has a
financial interest.
B) and (C) [Shall remain unchanged]
Section 4.08 Oath of Office:
Every officer of the City. whether elected or appointed. shall, within thirty (30) days of his
election or appointment, take and subscribe to the followinq applicable oath or affirmation
to be filed and kept in the office of the City Secretary.
19
A) For elected officers. "I . do solemnly swear (or affirm) that I will faithfully
execute the duties of . of the City of Collevville. State of Texas. and will to
the best of my ability preserve, protect. and defend the Constitution and Laws of the
United States of America and of this State and the Charter. Ordinances and
Resolutions of this City. I furthermore solemnly swear (or affirm) that I have not
directly nor indirectly paid. offered. or promised to pay. contributed. nor promised to
contribute any money or valuable thinq, or promised any public office or
employment. as a reward for the qivinq or withholdinq of a vote at the election at
which I was elected. So help me God."
B) For appointed officers. "I . do solemnly swear (or affirm) that I will
faithfully execute the duties of . of the City of Collevville, State of Texas, and
will to the best of my ability preserve. protect. and defend the Constitution and Laws
of the United States of America and of this State and the Charter. Ordinances and
Resolutions of this City. I furthermore solemnly swear (or affirm) that I have not
directly nor indirectly paid, offered. or promised to pay. contributed. nor promised to
contribute any money or valuable thinq. or promised any public office or
employment. as a reward to secure my appointment or the confirmation thereof.
So help me God."
for the proposition
against the proposition
PROPOSITION 7:
Shall Article V. Recall of Officers by the People be amended as follows?
ARTICLE V
RECALL OF OFFICERS BY THE PEOPLE
Section 5.01 Scope of Recall:
All members of the City Council shall be subiect to recall and removal from office by the
qualified voters of the city.
Any City official, 'Nhether elected to office by the qualified voters of the City or appointed by
the City Council to fill a vacancy, shall be subject to recall and removal from office by the
qualified voters of the City.
Section 5.02 Petitions for Recall:
Before the question of recall of such officer shall be submitted to the qualified voters of the
City, a petition demanding such question to be submitted, shall first be signed by the
qualified voters of the City equal in number to at least feFly thirty percent (30 40%) of the
number of votes cast in the last regular municipal election of the City, and in no event less
20
than five hundred (500) such petitioners. Each signer of such recall petition shall
personally sign their name thereto in ink or indelible pencil, using their normal signature.
In addition, each signer shall print their name, street address of their residence in
Colleyville, voter registration certification number and the day, month and year that their
signature was affixed to the recall petition. (Amended April 7, 1984)
Section 5.03 Form of Recall Petition:
The recall petition mentioned above must be addressed to the City Council of the City of
Colleyville, must distinctly and specifically point out the ground or grounds upon which
such petition for removal is predicated, and if there be more than one (1) ground, such as
for incompetence incompetoncy, misconduct, or malfeasance in office, shall specifically
state each ground with such certainty as to give the officer sought to be removed, notice of
the matters and things with which he is charged.
The signature shall be verified by oath in the following form:
STATE OF TEXAS
COUNTY OF TARRANT
being first duly sworn, on oath deposes and says that I am one (1) of
the signers of the above petition and that the statements made therein are true, and that
each signature appearing thereto was made in my presence on the day and date it
purports to have been made, and I solemnly swear that the same is the genuine signature
of the person whose name it purports to be.
SWORN AND SUBSCRIBED TO before me this
1-9
day of 20
Section 5.04
Section 5.05
Section 5.06
Section 5.07
Section 5.08
Section 5.09
Section 5.10
Notary Public in and for
The State of Texas
Shall remain unchanged except as provided for in Proposition
1.]
Shall remain unchanged except as provided for in Proposition
1.]
Shall remain unchanged.]
Shall remain unchanged.]
Shall remain unchanged.]
Shall remain unchanged.]
Shall remain unchanged.]
21
Section 5.11 Shall remain unchanged except as provided for in Proposition
1.]"
for the proposition
against the proposition
PROPOSITION 8:
Shall Article VIII, Legal and Judicial Services be amended as follows?
ARTICLE VIII
LEGAL AND JUDICIAL SERVICES
Section 8.01 Shall remain unchanged except as provided for in Proposition
1.]
Section 8.02 Shall remain unchanged except as provided for in Proposition
1.]
Section 8.03 Clerk of the Municipal Court:
There shall be a clerk of the Municipal Court to be appointed by the City Manager .....ith the
concurrence of the City Council. S:Jid clerk m:JY hold :Jnother position of City employment
concurrent '.'lith, but second:Jry to :Jnd not in conflict with this position. The clerk of the
court and deputies shall have the power to administer oaths and affidavits, make
certificates, affix the seal of the court, and generally do and perform any and all acts as
usual and necessary to be performed by the clerks of courts in issuing process of said
courts and conducting the business thereof.
Section 8.04 City Attorney:
The City Council shall appoint a competent and duly licensed attorney practicinq law in the
State of Texas, who shall be the Attorney for the City (and may also be referred to as City
Attorney). He shall receive for his services such compensation as may be fixed by the City
Council and shall hold his office at the pleasure of the City Council. The City Council may
contract with an attorney or with a firm of attorneys who may desiqnate one (1) member of
said firm, with City Council approval. to serve as City Attorney. The City Attorney, or such
other attorneys selected by him with the approval of the City Council, may represent the
City in litiqation. The City Council shall have the riqht to retain special counsel at any time
they may deem it appropriate and/or necessary.
The City Attorney shall be the leqal advisor of, and attorney and counsel for. the City and
all officers and departments thereof and attend all meetinqs as deemed necessary by the
City Council.
22
The City Attorney shall review and concur or dissent upon all documents. contracts. and
leqal instruments in which the City may have an interest.
The City Attorney shall perform other duties prescribed by this Charter. ordinance. or as
directed by the City Council.
The City Council Sh311 3ppoint 3 competent 3nd duly licensed 3ttorney pr3cticing 13'N in the
St3te of T eX3S, 'Nho Sh311 be the Attorney for the City (3nd m3Y 31so be ref-orred to 3S City
Attorney). He sh311 receive for his services such compens3tion 3S m3Y be fixed by the City
Council 3nd Sh311 hold his office 3t the ple3sure of the City Council. The City Attorney, or
such other 3ttorneys selected by him 'A'ith the 3pprov31 of the City Council, sh311 represent
the City in 311 litig3tion. He sh311 be the leg31 3dvisor of, 3nd 3ttorney 3nd counsel for, the
City 3nd 311 officers 3nd dep3rtments thereof.
The City Attorney Sh311 revie'N 3nd concur or dissent upon 311 documents, contr3cts, 3nd
leg31 instruments in which the City m3Y h3ve 3n interest.
The City Council sh311 h3ve the right to ret3in speci31 counsel 3t 3ny time they m3Y deem it
3ppropri3te 3nd/or neccss3ry.
The City Attorney Sh311 perform other duties prescribed by this Ch3rter, ordin3nce, or 3S
directed by the City Council."
for the proposition
against the proposition
PROPOSITION 9:
Shall Article IX, Municipal Finance be amended as follows?
ARTICLE IX
MUNICIPAL FINANCE
Section 9.01 Shall remain unchanged]
Section 9.02 Annual Budget:
A) [Shall remain unchanged except as provided for in Proposition 1.]
8) [Shall remain unchanged except as provided for in Proposition 1.]
C) Public Notice and Hearing: The City Council shall post in the City Hall and
publish in the official newspaper not more than fourteen (14) days prior to each
23
public hearing on the budget a notice stating the time and place where copies of the
message and budget are available for inspection by the public, and the time and
place of each public hearing on the budget. The City Council may consider, holdinq
Rete public hearings and adopt the budget at reqular speci31 meetings called by the
City Council for that purpose, notwithstanding the provisions of Section 3.11 of this
Charter requiring action at two (2) throe (3) consecutive regular City Council
meetings. (Amended April 7,1979)
D) [Shall remain unchanged except as provided for in Proposition 1.]
E) Adoption: The City Council shall adopt the budget by ordinance not later than
the second reqular City Council meetinq in September of the current fiscal year.
30th d3Y of September. Adoption of the budget will require an affirmative vote of at
least a majority of all of the members of the City Council. Adoption of the budget
shall constitute appropriations of the amount specified therein as expenditures from
the fund indicated, and shall constitute a levy of the property tax therein proposed.
Amended April 7, 1979)
F) Failure: If the City Council fails to adopt the budget by the 15th d3Y of
September second reqular City Council meetinq in September of the current fiscal
year, the amounts appropriated for the current fiscal year shall be deemed adopted
for the ensuing fiscal year on a month to month basis with all items in it pro-rated
accordingly until such time as the City Council adopts a budget for the ensuing
fiscal year. The levy of property tax normally approved as a part of the budget
adoption will be set to equal the total current fiscal year receipts, unless the ensuing
fiscal year budget is approved by September 15th the second reqular City Council
meetinq in September of the current fiscal year.
Section 9.03 Shall remain unchanged.]
Section 9.04 Amendments after Adoption:
A) Supplemental Appropriations. If during the fiscal year the City Manager
certifies that there are available for appropriation revenues in excess of those
estimated in the budget, the City Council may. by Ordinance. c3rry the excess into
the next fisc31 ye3r or by resolution m3Y make supplemental appropriations to retire
indebtedness or to fund emergency appropriations as described in Section 9.048 in
this Charter.
B) [Shall remain unchanged except as provided for in Proposition 1.]
C) [Shall remain unchanged except as provided for in Proposition 1.]
D) [Shall remain unchanged except as provided for in Proposition 1.]
E) [Shall remain unchanged.]
F) [Shall remain unchanged.]
24
Section 9.05
Section 9.06
Section 9.07
Section 9.08
Section 9.09
PROPOSITION 10:
Shall remain unchanged.]
Shall remain unchanged except as provided for in Proposition
1.]
Shall remain unchanged except as provided for in Proposition
1.]
Shall remain unchanged except as provided for in Proposition
1.]
Shall remain unchanged.]"
for the proposition
against the proposition
Shall Article XI, Planning and Zoning, Board of Adjustment be amended as follows?
Section 11.01
ARTICLE XI
PLANNING AND ZONING, BOARD OF ADJUSTMENT
The Planning and Zoning Commission:
There shall be established a Planning and Zoning Commission, which shall consist of
seven (7) citizens of the City of Colleyville. Members of said Commission shall be
appointed by the City Council for a term of two (2) years 'Nho shall and will serve at the will
and pleasure of the City Council. Three (3) members of the Planning and Zoning
Commission shall be appointed each odd numbered year and four (4) members shall be
appointed each even numbered year. The Commission shall elect a chairman from its
membership and shall meet in the City Hall not less than once each month. The chairman
of the Commission shall be a voting member. Vacancies which are created by
resiqnation, removal by vote of a maiority of the City Council. or by fer: any other reason
shall be filled by the City Council for the remainder of the term. Vacancies shall be filled by
the Council for the remainder of the term. A majority of the members shall constitute a
quorum; however, no action shall be approved with less than four (4) affirmative votes.
Attendance requirements for members shall be the same as for members of the City
Council. The Commission shall keep minutes of its proceedings which shall be of public
record. The Commission shall serve without compensation.
Section 11.02 Shall remain unchanged except as provided for in Proposition
1.]
25
Section 11.03 Shall remain unchanged except as provided for in Proposition
1.]
Section 11.04 Legal Effect of the Master Plan:
Upon adoption of the Master Plan by the City Council, no subdivision, street, park, or any
public way, ground or space, public building or structure, or public utility, whether publicly
or privately owned, which is in conflict with the Master Plan shall be constructed or
authorized by the City until and unless the location and extent thereof shall have been
submitted to the Commission and approved by the City Council. In case of Commission
disapproval, they shall communicate their reasons to the City Council, which shall have the
power to overrule such disapproval. by a three fourths (3/4) vote, and upon such
overruling, the Q!!y Council shall have the power to proceed. The widening, narrowing,
relocating, vacating, or change in the use of any street, alley, or public way, or ground, or
sale of any public building or real property, shall be subject to similar submission and
approval of the Planning and Zoning Commission and failure to approve may be similarly
overruled by the City Council. (Amended April 7, 1979)
Section 11.05 Zonina Board of Adjustment:
There shall be a Zoninq Board of Adjustment as specified by State law in Article 1011G,
Chapter 4 Title 28, Revised Civil Statutes of Texas of 1925 as now or hereafter revised.
Vacancies which are created by resiqnation, or for any other reason shall be filled by the
City Council for the remainder of the term.
Section 11.06 Separation of Planning and Zoning Commissions:
The City Council may by ordinance, at such time as deemed in the best interest of the
citizens of Colleyville, create a separate Commission to perform the duties of Planning.
This Commission shall have the same structure as provided for the Zoning Commission in
Section 11.01, and will perform all duties listed in Section 11.01 through 11.05 of this
Charter, for Planning only. The Zoning Commission will perform only the duties described
in the same Sections for Zoning, and as advisory board to the Planning Commission."
for the proposition
against the proposition
PROPOSITION 11:
Shall Article XII, Franchises, Public Utilities and Other Users of Public Property be
amended as follows?
ARTICLE XII
FRANCHISES, PUBLIC UTILITIES AND OTHER USERS OF PUBLIC PROPERTY
26
Section 12.01 Powers of the City:
In addition to the City's power to buy, construct, lease, maintain, operate, and regulate
public utilities and other users of public property. includinq. but not limited to users of the
public riqhts-of-way. streets and utility easements. within or without the City Limits, and to
manufacture, distribute and sell the commodities or products of such utility operations
required and used by the public, the City shall have such further powers as may now or
hereafter be granted under the Constitution and State law L3\NS of tho St3tO of T OX3S.
Such powers to requlate the use of public property includes. but is not limited to. the riqht
to require relocation of facilities in the public riqhts-of-way. streets and utility easements.
within or without the City Limits, at the facility owners cost for any City public works proiect
to the fullest extent allowed the City now and as may hereafter be permitted by the
Constitution and State law.
Section 12.02 Power to Grant Franchise:
The City Council shall have the power by ordinance to grant, renew, and extend all
franchises for all public utilities of every character and consents and aqreements as to all
other users of public property. includinq. but not limited to users of the public riqhts-of-way,
streets and utility easements. operating within the City and, with consent of the franchise
holder, to amend the same, provided, however, that no franchise shall be granted for an
indeterminate term, and that no franchise shall be granted for a term of more than twenty
20) years from the date of the grant, renewal or extension. City Council action on all
ordinances granting, renewing, extending or amending a public utility franchise shall
comply with the applicable provisions set forth in Section 3.11 of this Charter.
Section 12.03 Shall remain unchanged.]
Section 12.04 Transfer of Franchise:
No public utility franchise shall be transferable except with the approval of the City Council
as expressed by ordinance. The term "transferable", as used herein, shall not be
construed in such manner as to prevent the franchise holder from pledqinq said franchise
as security for a valid debt or mortqaqe.
Section 12.05 Right of Regulation:
All grants, renewals, extensions, or amendments of public utility franchises and consents
and aqreements as to all other users of public property. includinq. but not limited to users
of the public riqhts-of-way. streets and utility easements. whether it be so provided in the
ordinance or not, shall be subject to the right of the City:
A) [Shall remain unchanged.]
8) [Shall remain unchanged.]
C) [Shall remain unchanged.]
27
D) To require at any time such compensation and rental as may be permitted by
State law the !a'A'S of the State of Texas.
E) [Shall remain unchanged.]
F) [Shall remain unchanged.]
Section 12.06 Extensions:
All extensions of service of public utilities and of all other users of public property.
includinq, but not limited to users of the public riqhts-of-way. streets and utility easements.
within the City limits shall become a part of the aggregate property of the public utility, shall
operate as such, and shall be subject to all the obligations and reserved rights contained in
this Charter and in any original grant hereafter made. The right to use and maintain any
extension shall terminate with the original grant and shall be terminable as provided in
Section 12.05 of this Charter. In case of an extension of a public utility operated under a
franchise hereafter granted, such right shall be terminable at the same time and under the
same conditions as the original grant.
Section 12.07 Regulation of Rates:
The City Council shall have full power after due notice and hearing to regulate by
ordinance the rates, charges and fares of all public utility franchise holders providing gas,
electric, water and sewer utility service within the City provided that no such ordinance
shall be passed as an emergency measure. All such franchise holders who shall request
an increase in rates, charges, or fares shall have, at the hearing of the City Council called
to consider such request, the burden of establishing by clear, competent, and convincing
evidence the value of its investment properly allowable to service in the City, and the
amount and character of its expenses and revenues connected with the rendering of such
service. If, upon such hearing, the City Council is not satisfied with the sufficiency of the
evidence so furnished, it shall be entitled to call upon such public utility for the furnishing of
additional evidence at a subsequent date to which said hearing may be adjourned. No
public utility franchise holder shall institute any legal action to contest any rate, charge, or
fare fixed by the City Council until such franchise holder has filed a motion for rehearing
with the City Council for a specific date setting out each ground of its complaint against the
rate, charge, or fare fixed by the City Council, and until the City Council shall have acted
upon such motion. Such motion shall be deemed overruled unless acted upon by the City
Council within a reasonable time, not to exceed sixty (60) days from the filing of such
motion for rehearing; provided, that the City Council may by resolution extend such time
for acting on said motion for rehearing from sixty (60) days to ninety (90) days. The City
shall have the power to employ at the expense of the franchise holder, expert assistance
and advise in determining a reasonable rate and equitable profit to the franchise holder.
Section 12.08 Shall remain unchanged except as provided for in Proposition
1.]
Section 12.09 Shall remain unchanged except as provided for in Proposition
1.]
28
Section 12.10 Sales of Municipal Services:
The City Council shall have the power and authority by ordinance:
A) In or outside the limits of the City, to sell and distribute water; sell and provide
sewer service; sell and provide garbage and trash collection disposition; and to sell
and provide other municipal services. includinq but not limited to cable television
services. telecommunications services. information services and other electronically
transmitted services. whether transmitted by radio waves. Iiqht wave or impulses.
by diqital transmissions or otherwise. unless expressly prohibited by the State or
Federal law.
B) To establish specifications for materials and construction used within or beyond
the limits of the City for such municipal services; inspect same and require such
materials to be kept in good order and condition at all times; make such rules and
regulations as shall be necessary and proper; and prescribe penalties for
noncompliance with same.
Section 12.11 Shall remain unchanged.]"
for the proposition
against the proposition
PROPOSITION 12:
Shall Article VI, Legislation by the People, Initiative, and Referendum be amended as
follows?
Section 6.07 Adoption of Ordinances or Resolutions by Referendum or
Initiative:
If a majority of the qualified voters voting on a proposed ordinance or resolution or
measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein, become
effective. as a law or as a mandatory order to the Council. No siqnature of the Mayor shall
be required."
Section 6.11 Franchise Ordinances:
Nothing contained in this Article shall be construed to be in conflict with any of the
provisions of this Charter pertaining to ordinances granting franchises. when valuable
rights have accrued thereunder."
for the proposition
against the proposition
29
RESOLUTION R-05-2544
A RESOLUTION CANVASSING THE MAY 7,2005, SPECIAL CITY CHARTER
AMENDMENT ELECTION
WHEREAS, a Special City Charter Amendment Election was duly held in the City of
Colleyville, Texas, on the 7th day of May 2005; and
WHEREAS, the City Council has met and canvassed the votes cast in such election in
accordance with the Texas Election Code, Section 67.004; and
WHEREAS, such canvass shows the following results:
PROPOSITION 1
For 1,377
415Against
PROPOSITION 2
For 1,225
551Against
PROPOSITION 3
For 1,245
527Against
PROPOSITION 4
For 1,229
Against 526
PROPOSITION 5
For 1 ,437
Against 323
Resolution R-05-2544
Page 2 of2
PROPOSITION 6
For 1 ,430
Against 327
PROPOSITION 7
For 1,361
Against 402
PROPOSITION 8
For 1,377
Against 375
PROPOSITION 9
For 1393
Against 339
PROPOSITION 10
For 1,332
Against 410
PROPOSITION 11
For 1,326
Against 421
Resolution R-D5-2544
Page 3 of 3
PROPOSITION 12
For 1,380
Against 374
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.THAT the above canvass is hereby approved.
AND IT IS SO RESOLVED.
PASSED BY A VOT&OF --5 AYES, iJ NAYS AND 0 ABSTENTIONS
ON THIS THE /7rn DAYOF ~~ 2005.
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
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
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,
3
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.
2
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.
5
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.
6
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
7
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)
9
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)
10
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
11
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.
13
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;
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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.
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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)
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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
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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.
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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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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.
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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.
39
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
40
BOYLE & LOWRY, L.L.P. ATTORNEYS AND COUNSELORS
MEMO
4201 WINGREN, SUITE 108
IRVING, TEXAS 75062-2763
(972) 650-7100 telephone
(972) 650-7105 facsimile
www.boyle-lowry.com
DATE: June 10, 2016
TO: Jennifer Fadden
FROM: Cathy Cunningham
RE: City Charter Amendment Process
______________________________________________________________________________
A city Charter may be amended either through a Council initiated process or a petition
initiated.1
A city charter can only be adopted and amended through majority vote.2
The initial charter and amendments shall not contain any provision inconsistent with the
state Constitution or laws.3
A city charter may not be amended more often than every two years.4
Although not required for amendments, City Councils often appoint a Charter
Commission to review the Charter and recommend changes. The Commission must have
at least 15 members.5
The Charter Commission may present its recommendations to the Council. The Council
submits proposed amendments to the voters at the next uniform date that allows sufficient
time to comply with legal requirements – must be at least 30 days after the ordinance
calling the election is adopted.6
Notice is required. When the city is voting whether to adopt an initial charter, the charter
must be mailed to all voters. Charter amendments must be advertised in “a newspaper of
general circulation published in the municipality.”7
The published notice must include: (1) a substantial copy of the proposed amendment(s);
and (2) an estimate of the anticipated fiscal impact to the municipality if the purposed
amendment is approved at the election.8
1 Tex. Local Government Code §9.004(a)
2 Texas Constitution Article XI, §5
3 Id.
4 Id.
5 Tex. Local Government Code §9.002(d)
6 Texas Local Government Code §9.004
7 Texas Local Government Code §9.004(c)
8 Texas Local Government Code §9.004(c)(1) and (2)
Time of Notice – the notice must be published: (1) twice; (2) two successive weeks; (3)
on the same day of the week; and (4) with the first publication occurring before the 14th
day of the election.9
Each amendment may only contain one subject.10
The ballot must be prepared so that a voter is able to approve or disapprove any one or
more amendment without having to approve or disapprove all of the amendments.11 It is
recommended that all the changes that concern the same subject be voted on together, so
that the City does not have inconsistent Charter sections. For example, if the number of
Council members were to change, then every section that references the number of
Council members would need to be changed, and all of those sections could be voted on
together, since those sections all concern the same subject. However, if in addition to
changing the number of council members, there were to be a change to another topic,
such as eliminating the requirement to read aloud all resolutions that would need to be
voted on separately. The ballot could not just say “Approve all amendments.”
Charter amendments take effect when the Council enters an order that the amendment(s)
are adopted.12
After the order is entered, as soon as practical, the mayor or chief executive officer shall
certify to the Secretary of State an authenticated copy of the charter or amendment(s)
under the City’s seal showing approval of the amendment(s) by the voters.13
The Secretary of State is to file and record the certification in that office.14
Recorded charters and amendments are public acts and courts are to take judicial notice
of them.15
If the City decides to proceed with a Charter Commission, I have found that it is very effective to
provide the Commission with a notebook which includes the Constitutional provisions
concerning home-rule charters, the statutes, and the City’s charter. Recommendations for items
to consider can be included to provide a framework for discussion for the Commission.
9 Texas Local Government Code §9.004(c)(3)
10 Texas Local Government Code §9.004(d)
11 Texas Local Government Code §9.004€
12 Texas Local Government Code §9.005(b)
13 Texas Local Government Code §9.007
14 Texas Local Government Code §9.007
15 Texas Local Government Code §9.008