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HomeMy WebLinkAboutColleyville Charter Review Committee-Agenda Packets-7/6/2016Calendar DATE . � � ... � � � June 7, 2016 .... . . .... . . .. .. . . . . . . .. . . . . .. . Juty�b, 14; 21:and week��of July 25,.iFneeded ,� � � . By July 29, 2016 .. ... . .. . .... . . .. . .. . . . July29,2016���� .� �� �� . August 9, 2016. _. . . . _ . .. _ . . . .. . . .. . . . . . . August Y6; 2016 � � � . � � � � . � � � Wednesday, August 10, 2016 through Monday, August 22, 2016 � Tuesday, Ocfober Y1, 2016� � � � .. Monday, October 24, 2016 � � � � Fritlay, October:.28, 2016.�: � � � � � Friday, November 4, 2016 � � Tuesday, November 8, 201b (election day) at 7:00 p.m. (unless overseas deadline applies) � � . � �� . � Tuesday, November 8, 2016 � , Wednestlay,�November 16; 2016 through Monday, November2l, 2106.(If official � election results�are available from�Tar�ant County��eadie� than this�deadliney.the ��� canvass may'Be moved to��theregular City Council meeting�.on Tuesday;��November� 15; 2016.) �,. . . � � .� . � . . �� .., . , .. . .. _ ... �/\T�l' �U�F ._..__ �y'+� L+'`#�'.*.<S . / �� \ �k3 ����*� � ! COLLEYVILLE � � �,��� RESOLUTION R-16-4007 A RESOLUTION OF THE CITY OF COLLEYVILLE, TEXAS ESTABLISHING A COLLEYVILLE CITIZENS CITY CHARTER REVIEW COMMITTEE, APPOINTING MEMBERS, AND PROVIDING A DATE FOR THE CHARTER REVIEW COMMITTEE TO SUBMIT A FINAL REPORT WHEREAS, the City Council believes that positive changes can b possibly made to the Colleyville City Charter to enhance th document without significantly effecting the democrati principles of the Colleyville City Charter or the opportunitie of citizens to become informed on City issues and mak known to their elected representatives their concerns an comments; and WHEREAS, the City Council understands the need to review the C Charter to clarify, add or subtract as necessary to ensure 1 powers, rights and duties of the City government adhere its original concepts and structure as a"Council-Manac Government." NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF COLLEYVILLE, TEXAS: Sec. 1 Sec. 2. Sec. 3. THAT a Colleyville Citizens City Charter Review Committee hereby established. THAT the following citizens are appointed to the Citizens City Charter Review Committee: Steve Waltens Michael Muhm Claudia Bevili Frank Carroll Shirley Schollmeyer Nelson Thibodeaux David Medlin Tim Weymuth Rich Hendler Vince Hawkins THAT Frank Carroll is appointed as Chair, and Michael Muhm appointed as Vice Chair. Sec. 4. THAT the City Manager shall provide administrative supp services to the Colleyville Citizens City Charter Revi Committee. Resolution R-16-4007 Page 2 of 4 Sec.S, THAT the Colieyville Citizens Charter Review Committee's responsibilities may include: a. Section 3.01 Number, Selection, Term: should contain language which limits consecutive terms to two in the same office, and how or when this shall commence. Compare this amendment with those of area cities for benchmarking. b. Section 3.09C Quorum and Voting: should provide language which allows electronic voting for City Council meetings, and language that allows for nominations and appointments and voting by narne. c. Section 14.02 Personal Financial Interest: should include an additional subsection to provide the following: k. Financial Disciosure and Business Conflict of Interest Forms shall be provided by applicants seeking appointments to the Planning and Zoning Commission or the Zoning Board of Adjustment, and shall file within two (2) business days following the end of the application period stated in the official City advertisement for application for the position. The city manager and the city manager's senior staff members shall also file the same within thirty (30) days of hiring. All person(s), as outlined above, shall have a duty to file supplemental disclosures within five (5) days of an occurrence of any change in the information reflected in the forms previously filed by the individual. These forms shall include the following information: i. The location, size, and current use of all property owned within the portion of Dallas, Denton, and Tarrant County north of Interstate 30 and east of Interstate 35W, and that potion of Denton County south of State Highway 114 and east of Interstate 35W, or held in trust by the person(s), as outlined above, their spouse, and any dependent minor children, or any business entity in which the person has a financial interest. Resolution R-16-40( Page 4 of h. Section 7.06 Department of Finance: should provide addition of "with the approval of City Council" to following statement: "There shall be a Department Finance headed by the City Manager or his appointee, � the approval of City Council." Sec. 6. THAT the recommendations of the Colleyville Citizens Cha Review Committee shall be finalized and ready to presented to the City Council by )uly 29, 2016. Sec.7. THAT this resolution shall take effect immediately u passage.. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF � AYES, D NAYS, AND � ABSTENTION ON THIS THE 21ST DAY OF JUNE 2016. Mayor Richard Newton e Mayor Pro Tem Chris Putnam �_ Place 1, Tammy Nakamura � Place 5, Nancy Coplen [�h,ti Place 2, Bobby Lindamood ti Place 6, Mike Taylor � Place 4, Jody Short _�ti ATTEST: C�" v . Amy elley, TRMC City 5ecretary CITY OF COLLEYVILLE �'�`"' Richard Newton Mayor LOCAL GOVERNMENT CODE � election judges and two election clerks to conduct the election under this subchapter. The mayor shall designate one of the election judges to be the presiding judge. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 8.025. NOTICE OF ELECTION. In addition to the notice required by Chapter 4, Election Code, notice of an election under this subchapter must be published in a newspaper in the municipality before the 30th day before the date of the election, or if there is no newspaper in the municipality, the notice must be posted at three public places in the municipality for the 30 days preceding the date of the election. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 8.026. ORDER OF CHANGE. If a majority of the votes cast in an election under this subchapter are for the change, the mayor shall enter an order in the minutes of the municipality's governing body that the municipality is changed. The change is effective from the time the order is entered. Acts 1987, 70th Leg., ch. 149, Sec. l, eff. Sept. 1, 1987. CHAPTER 9. HOME-RULE rNNICIPALITY Sec. 9.001. ADOPTION OR AMENDMENT OF HOME-RULE CfiARTER. This chapter applies to the adoption or amendment of a municipal charter by a municipality authorized to do so by Article XI, Section 5, of the Texas Constitution. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 9.002. SELECTION OF CHARTER COMMISSION. (a) The governing body of the municipality may, by an ordinance adopted by at least a two-thirds vote of its membership, order an election by the voters of the municipality on the question: "Shall a commission be chosen to frame a new charter?" The governing body shall by itatute text rendered on: 5/18/2016 - iz - LOCAL GOVERNMENT CODE � ordinance order the election if presented with a petition signed by at least 10 percent of the qualified voters of the municipality. �b) The election ordinance shall provide for the election to be held on the date of the municipality's next general election scheduled after the 30th day but on or before the 90th day after the date the ordinance is adopted. However, if no general election is scheduled during that period that allows sufficient time to comply with other requirements of law, the election shall be ordered for the first authorized uniform election date prescribed by the Election Code that allows sufficient time to comply with other requirements of law and that occurs after the 30th day after the date the ordinance is adopted and published in a newspaper published in the municipality. (c) The ballot at the election on the question prescribed by Subsection (a) shall also provide for the election from the municipality at large of a charter commission to draft a charter if a majority of the qualified voters voting on the question of choosing a charter commission approve the question. The commission must consist of at least 15 members, but if it has more than 15 members it may not have more than one member for each 3,000 inhabitants of the municipality. The ballot may not contain any party designation. (d) The provisions of Subsections (a), (b), and (c) regarding the selection of a charter commission do not apply to the first charter election in a municipality if: (1)(A) the governing body of the municipality selects a charter commission; (B) a charter commission is selected at a mass meeting; or (C) the mayor of the municipality appoints a charter commission; and (2) the charter commission has proceeded with the formation of a charter for the municipality. Acts 1987, 70th Leg., ch. 149, Sec. l, eff. Sept. 1, 1987. Sec. 9.003. VOTE ON CHARTER. (a) The charter prepared by the charter commission shall be submitted to the qualified voters of the municipality at an election to be held on the first authorized `- uniform election date prescribed by the Election Code that allows ;tatute text rendered on: 5/18/2016 - 13 - LOCAL GOVERNMENT CODE � sufficient time to comply with other requirements of law and that occurs on or after the 40th day after the date the charter commission completes its work. The governing body of the municipality shall provide for the submission of the charter at the election to the extent that the provisions for submission are not prescribed by general law. (b) Before the 30th day before the date of the election, the governing body of the municipality shall order the municipal clerk or the municipal secretary to mail a copy of the proposed charter to each registered voter of the municipality. (c) The charter commission shall prepare the charter so that to the extent practicable each subject may be voted on separately. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 87(b), ef�. Aug. 28, 1989. Sec. 9.004. CHARTER AMENDMENTS. (a) The governing body of a municipality on its own motion may submit a proposed charter amendment to the municipality's qualified voters for their approval at an election. The governing body shall submit a proposed charter amendment to the voters for their approval at an election if the submission is supported by a petition signed by a number of qualified voters of the municipality equal to at least five percent of the number of qualified voters of the municipality or 20,000, whichever number is the smaller. ' (b) The ordinance ordering the election shall provide for the election to be held on the first authorized uniform election date prescribed by the Election Code or on the earlier of the date of the next municipal general election or presidential general election. The election date must allow sufficient time to comply with other requirements of law and must occur on or after the 30th day after the date the ordinance is adopted. � (c) Notice of the election shall be published in a newspaper of general circulation published in the municipality. The notice must: (1) include a substantial copy of the proposed amendment; (2) include an estimate of the anticipated fiscal impact to the municipality if the proposed amendment is approved at the election; and �. (3) be published on the same day in each of two successive 3tatute text rendered on: 5/18/2016 - 14 - LOCAL GOVERNMENT CODE weeks, with the first publication occurring before the 14th day before the date of the election. (d) An amendment may not contain more than one subject. (e) The ballot shall be prepared so that a voter may approve or disapprove any one or more amendments without having to approve or disapprove all of the amendments. (f) The requirement imposed by Subsection (c)(2) does not waive governmental immunity for any purpose and a person may not seek injunctive relief or any other judicial remedy to enforce the estimate of the anticipated fiscal impact on the municipality. Acts 1987, 70th Leg., ch. 149, Sec. l, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 1219, Sec. 5, eff. June 20, 1997; Acts 1997, 75th Leg., ch. 1349, Sec. 76, eff. Sept. l, 1997. Amended by: Acts 2007, 80th Leg., R.S., Ch. 414 (S.S. 1086), Sec. 1, eff. September 1, 2007. Sec. 9.005. ADOPTION OF CHARTER OR AMENDMENT. (a) A proposed charter for a municipality or a proposed amendment to a municipality's charter is adopted if it is approved by a majority of the qualified voters of the municipality who vote at an election held for that purpose. (b) A charter or an amendment does not take effect until the governing body of the municipality enters an order in the records of the municipality declaring that the charter or amendment is adopted. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 9.006. CONCURRENT ELECTIONS. This chapter does not prevent the voters at an election to adopt a charter or an amendment to a charter from electing at the same election persons to hold office under the charter or amendment. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 9.007. CERTIFICATION OF CHARTER OR AMENDMENT. (a) As soon as practicable after a municipality adopts a charter or charter 3tatute text rendered on: 5/18/2016 - 15 - LOCAL GOVERNMENT CODE � amendment, the mayor or chief executive officer of the municipality shall certify to the secretary of �t.ate an authenticated copy of the charter or amendment under the municipality's seal showing the approval by the voters of the municipality. (b) The secretary of state shall file and record the certification in his office in a book kept for that purpose. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987 Sec. 9.008. REGISTRATION OF CHARTER OR AMENDMENT; EFFECT. (a) The secretary or other officer of a municipality performing functions similar to those of a secretary shall record in the secretary's or other officer's office a charter or charter amendment adopted by the voters of the municipality. If a charter or amendment is not recorded on microfilm, as may be permitted under another law, it shall be recorded in a book kept for that purpose. (b) Recorded charters or amendments are public acts. Courts shall take judicial notice of them, and no proof is required of their provisions. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. SUBTITLE B. MITNICIPAL FORM OF GOVERNMENT CHAPTER 21. GENERAL PROVISIONS AFFECTING GOVERNING BODY OF MiTNICIPAL2TY SUBCHAPTER A. GENERAL PROVISIONS Sec. 21.001. ELECTION OF ALDERMEN BY PLACE SYSTEM IN GENERAL- LAW MUNICIPALITY. (a) The governing body of a general-law municipality that is not divided into wards and that elects its aldermen at large may provide by ordinance for the election of aldermen under a place system. (b) The ordinance must be enacted before the 60th day before the date of the first regular municipal election of aldermen under a place system. (c) As soon as possible after the place system ordinance is enacted, the governing body shall assign place numbers to each alderman's office. (d) When incumbent aldermen's terms of office expire, any candidate for the office of alderman shall file an application for a 3tatute text rendered on: 5/18/2016 - 16 - � ORDINANCE 0-13-1896 AMENDING ORDINANCE 0-02-1322 FILING DATES OF A FINANCIAL DISCLOSURE AND BUSINESS CONFLICTS OF INTEREST FORM; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR IN)UNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-02-1322 on February 5, 2002, to establish the filing of a Financial Disclosure and Business Conflicts of Interest Statement for elected officials, candidates, and certain boards and commission members; establish definitions of terms; promulgate reporting forms; and provide for filing dates; and WHEREAS, the City Council deems it in the best interests of the public to make available certain information about candidates for public office, elected officials, and members of the Planning and Zoning Commission, and the Zoning Board of Adjustment that may influence their decisions, or determine whether they can make unbiased decisions; and WHEREAS, the City Council wishes to ensure citizen trust of elected and appointed officiais of the City; and WHEREAS, the original disclosure ordinance is in need of an update to make compliance more practicable, while achieving the same basic goals; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the purposes of this ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Ordinance 0-13-1896 Page 2 of 4 Sec. 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Ordinance 0-02-1322 is hereby amended to include the following: (1) Section 58 shall read as follows: Sitting Councilmembers, including the Mayor, shall have a duty to file supplemental disclosures upon the Financial Disclosure and Business Conflict of Interest Forms, which are attached hereto, within five (5) days of an occurrence of any change in the information reflected in the Financial Disclosure and Business Conflict of Interest Forms previously filed by the individual. (2) Section 5D: shall read as follows: Sitting members of the Planning and Zoning Commission and the Zoning Board of Adjustment, shali have a duty to file supplemental disclosures upon the Financial Disclosure and Business Conflict of Interest Forms, which are attached hereto, within five (5) days of an occurrence of any change in the information reflected in the Financial Disclosure and Business Conflict of Interest Forms previously filed by the individual. (3) The boundary map has been revised to include the Colleyville City limits only, attached as Exhibit "A". (4) Section 6 is deleted entirely. (5) Section 7 shall read as follows: THAT the failure to file any change in the Financial Disclosure and Business Conflict of Interest Forms, including any supplements required thereto, shall constitute a violation of this ordinance and shall be punishable by a fine not to exceed the sum of $500.00. It shall be a defense, to any prosecution of a violation of this ordinance, that within five (5) days of any change in the Financial Disciosure and Business Conflict of Interest Form, including any supplements required thereto, the individual filed a Financiai Disclosure and Business � Ordinance 0-13-1896 Page 3 of 4 Conflict of Interest Form in conformity with the provisions of this ordinance. Sec. 3. THAT the Financial Disclosure and Business Conflict of Interest Forms which are attached hereto as Exhibit "B", shall be verified as provided .therein, and shail be filed with the City Secretary on the aforementioned dates. Sec. 4. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. 5ec. 5. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 6. THAT Ordinance 0-02-1322 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 52h day of November 2013. The second reading and public hearing being conducted on the 19`h day of November 2013. PASSED AND APPROVED by the City Councii of the City of Colieyville, Texas, on this the 19th day of November 2013. ATTEST: Amy4�ihelley, "1`f�MC City Secretary CITY F COLLEYVILLE � Mik� Taylor Mayor Pro Tem Ordinance 0-13-1896 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" ' u--�'t,,`' �.�' ;lOHN MCCAW D �O MCDONWELL SCHOOL RD W ` �� � v ;: �p .�,� , � � o � o ��G�� Z p� a V �.� � � HALL-JOHNSON RD ` ;o Z °C a o y �y Q . Z w � � a m GLADE RD ` p� � 0 �_ y p 'O , i m CHEEK=SPARGER RD c`T/ \ COLLEYVILLE ,.�,I;,>. , .���;�.�. TEXAS Exhibit "B" 4YLofCoY IIIe FfienclaiG�sUoaureandBus6»aeConfllclalimoreslFaima �NFORMATION STATEMENT Form 1 � � � � � mrnl.xuM9enorrnoe9Flua: OFFlCE USE ONLY 1 P1AME nric�eea,;w . . . . . u.e»�'a+au omvs�Mw reG(1NNE;1491%iRY 2 ADORESS �^eaemmiarusi:io v«apim.mar iae�n g TELEPHONE x�ews � exaw.ewMor.n:exrmeiax � . NUMBER � w.v.��a�e { � w�.wrowd 4 REASON FOR FlLING ❑ CANDI6ATE . . .. . UN�ICATEOr•fICE) STATEMENT ❑ ELECTED OFFICIAI. . .._. . . Iwu�cA�oFFlce1 ❑ 20N1NQ 80Af;D OF AOJUSTMENT �arrucnNr oenpPoirJrsq ❑ PLANNWGANAZONINGCOMMISSIONNvvucnNrannavairrtee) . � TWO (2J 9USINESS dAY3 FOLLOWINO THE CLOSINO OF FIIING FOR ELECTIVE OFFICE OR APPOINTMENT [� SUPPLEMENTAL DISCLOSURE FILEO WITHIN FIVE (5) DAYS OF AN OCCURRENCE IN PREVIOUSLY FILED FORMS S Provlde Inio�malion kr apouse and dependenl chlltlren who6e flnanciel acflvity Ihe filer had ectuel centrol ovar duAng this filing pednd. In etldltlan, the sourca ol nnnual Inoome oitha spause ehell be provlded, es aub)ect to fetleral elecllon reporOn4 �4���ements ior a spovse: ❑8POUSE ❑OEPEN�ENTCHILD i . .. . . 2 3 In pafts 1�4 dlscbsa your Nnanclal acllvity during the 12 montha praceedlag the dete ot Illing. In part 5 disrdose mt only yaurown Nrrenclal acliviry, 6N elso thet af your spouse andJor dependenFchlM or chNdren, ityuu had aclual camrol rner ihet person's 1lnenclel acllvfty. COPY AND AT7'ACH ADDITIONAL PAGES AS NECESSARY INiTIAL HERE: City oi Colleyvllle Financial Oisclosure and Business ConBic� of Interesl Porms SOURCES OF OCCUPATIONAL INCOME Form 2 When reporlfng Informatlon aUout a depentlent child's activlty, intlicate the chlld ebout whom you are reporting by provlding the number under which tha chlld Is listed on FORM 1. 1 INFORMATION RELATESTO ❑ FILER ❑ SPOUSE ❑ DEPENDENT CHILD 2 NMIEANO BDOFlE999F EMPLOYER /POSITION HEI� EMPLOYMENT ❑ EMPLOYED BV ANOTHER NATt1REOF OCCUPATION / NPMEANOA�OHE3S 1 P091TION HEL11 ❑ SELFEMPLOYE� INFORMATION RELATES TO Q FILER ❑ SPOUSE ❑ OEPENDENT CHILD � NAM E fW 0 TD�RES 5 OF EMPLOYEft / pOSITION H ELO EMPLOYMENT ❑ EMPLDYEO BYANOTHER NANRE OFOCCUPATION / NPMEAN� FO�PESS ! PDBITION NELD ❑ SELFEMPLOYED INFORMATION RELATES TO � FILER ❑ SPOUSE ❑ �EPEN�ENT CHIID � NPME RN� AU�PES30F EMPLOVEN (POSfTION HELU EMPLOYMENT ❑ EMPLOYED BYANOTHER na�urc�aFoccurnnorv ❑ SELFEMPLOYED COPY AND ATTACH ADDI710NAL PAGES AS NECESSARY INITIALHERE: � �ATE: City o( Calleyvllle Fine�iet Disciosure and Busineas ConBict nf Inte�est Forms INTERESTS IN REAL PROPERTY Form 3 Describe ali beneflcfal interesta In real orooertv held or acoulred 6v vou, your spouse, or fl dependent chlld during the calendat Year When reporting Informatlon ebout a dependent chtld's activity, indlcate the chlld ahout whom you ara reporting by provlding the number under which the child is Ils[ad on Form 1. i HELD OR ACQUIRED BY � FILER ❑SPOUSE ❑DEPENDENTCHILD � DESCIi1PTION Got c�ry Block Counry Suhdivislon Ad Valorum Tax Acwunt Number Acres end Tract 3 STREETADDRESS STREETADURESS,INCLU�INGCITY,COUNTY,ANDS7ATE ❑ N�TAPPLICABLE LIST THE NAMES ANO AODflESSES OF O7hIER PEflSONS OR BUSINESS ENTITIES a NAME WHICHOWNANINTERESTINTHEPEALPROPERTY ❑ INDIVIDUAL ❑ BUSINESS HELDORACQUIREOBY �FILER LSPOUSE ❑DEPENDENYCH�LD 2 DESGRIPTION Lot City Block COUnIy Subdivisio� Advalorum Tax Account Number Acres and hact � 3 STREETADDRESS �REETADDRESS,INCLU�INOCITY,COUNTY.ANOS7ATE ❑ NOTAPPLICABLE 4 NAME LISTTHENAME9PNDAODHE3SESOFOTHERPEP60NSOHBUSINE3SENTITIEB WHICH OWN AN INTEREST IN THE REAL PROPEN7Y � IMQIVIDUAL ❑ BUSINESS COPY AND ATTACH ADDITIONAL PAGES AS NEGESSARY INITIAL HERE: DATE: City ot Gollayvllle Financial Oieclosure end Business Contllct of Interest Forms Gifts Form 4 Itlentliy any person or organization that has given a gift worth more than $250 to you, o� those under your financial Control. Do nol include: i) expenditures required to be reported by a person required to be registered as a lobbyist under Govemment Code, Chapter 305, 2) political contributions repoAed as required by law, or 3) gilts given by a person related to the recipient within ihe second degree by consanguinity or affiniry. When repoding informatlon about a depentlent chiltl's activity, Intlicate the child a6out whom you are reporting by providing the number underwhich the child is listetl on Form 1. � HECIPIENT ❑ FILER ❑ SPOVSE ❑ DEPENOENTC1iIL� z NNMEANPADDRE95 DONOR 3 DESCRIPTION OF GIFT RECIPIENT ❑FILER QSPOU3E . ❑DEPENDENTCHIL� � N0.MEANOAODRE58 DONOR DESCRIPTION OF GIFT RECIPIENT ❑ FILER ❑ SPOUSE ❑ DEPEN�ENTCHILD NNMEANOPDDflE93 DONOR DESCRIPTION OF GIFT COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HEftE: DATE; Ci of Colleyvllle Financial Oisc�osure and Business Co�nict ol Interest Forms BOARDS AND EXECUTIVE POSITIONS Form 5 Thls secllon is for Information concarnin{t executive positlons and dlrecforshlp held 6y you or those under your finenclel cron�rol. When reporltng information about e Aependent chlid's acflvily, indlcate the child about whom you ara reporting by prwldirg the numher under whlch ths chlld fs Ilsted on Form 1. � POSITION HELD BY Q FILER ❑ SPOUSE ❑ DEPEN�ENTCHILD z ORGANIZATION AL7tlRES5 � NON PROFIT - � CHARITABLEASSOCIATION � BU3INESSAS30CIATION 3 POSITION HELti POSITION HELD BY ❑ FILER ❑ SPOU3E ❑ DEPEN�ENTCHILD OAGANIZATION ADQRESS � NON PROFIT � CHARRABLEA330CIATION � BUSINESSASSOCIATION POSITION HELD POSfTION HELD BY ❑ FlLER ❑ SPOUSE ❑ DEPENDENTCHILD ORGANIZATION POSITtON HELD COPY AND ATTACH ADDITIONAL PAGBS AS NECESSARY INITIAL HERE: DATE: fC II Ile Flnenciel Dlsctoaure antl Business Gartll1c1o11nterestForms SANKRUPTCIES Form 6 Indtvtduals ahall disclose any banktuptcy paliflon by or agafnst the individual, their spause, a buslness enlity in which the. fndividual owned a beneticial inlerest of 10°h or more, or a business entity in which the Individual was fln oHlcaror director of ihe busfnass entity at the tlme of 6ankruptcy filtng. � TYPE OFBANKRUPTCY � PERSONAL � 6USINE55 � N/A Q NONE NAME Z CHAPTER �� �11 �13 3 IF CHAPTER 7 DID YOU RECEIVE A � YES ❑ Na DISCHARGE 4 IF CFtAPTER 11 OR 13 DID YOU COMPLETE � YES ❑ No A SUCGESSFUL REORGANIZATION Misdemeanor Involving Moral Turpitude and Felonies Indlviduals shall disclase eny inFormaifon which charges a misdemeanor involving morat turpllude, a feluny Indictment, wnviction of a misdemeanor Involving moral turpitude or convictlon of a felony of the indivldual or of a busfness entlly In wbich the IndNidual had a 10% or more beneficlal In[erest or where the indlvldual was at the time of ihe Tiling or convlGion an ofGcer or dlrector of the 6uslness entlry. � NAME Business or Entlty Charged � PERSONAL � BIISINESS 2 TYPE OF IN DICTMENT or INFdRMATION 3 NATURE OF OFFENSE QESCflIPTION 4 DISPOSITION OF INDICTMENT or INFORMATION COPY AND ATTACH ADDITIONAt PAGES AS NECESSARY iNITIAL HER6: City of Colleyville Flnancial Disclosure and Businass Conllict ot Interest Forms INTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 OR OTMER BUSINESS ASSOCIATIONS Describe all Interests in business en6ties held or acquired by you or ihose under your fnancial control. When reporiing Information aboul a dependent child's activity, indicate the child about whom you are reporting by provitling Ne number under which the child is lisled on Form 1. � HELD ORACQUIRED BY � FIEER ❑ SPOUSE ❑ DEPEN�ENTCHIID 2 DESCRIPTION NAMEANOAOUNEBS 3 NATURE OF HUSINESS HELD ORACQUIRED BY � FILEfl ❑ SPOUSE ❑ DEPENDEMCHILD DESCRIPTION NNMEANOA�OpEBS NATURE OF BUSINESS HELD OR ACQUIRED BY � FILER ❑ SPOUSE ❑ �EPENOENT CHILD DESCRIPTION NAMEPNOA�OPE53 NA7URE OF BUSINESS COPY AND ATTACH ADDI710NAL PAGES AS NECESSARY INITIAI HEFiE: DATE: Dlsclasu�e end Business PERSONAL FINANCIAL STATEMENT Form S AFFIDAVIT Financial Disclosure antl Business ConFlic[ of Interest Forms are required to be verified. T�e veriflcaiion page must have the signatures of the Financial Oisclosure and 8usiness Conflict of Interest Forms, es well as the signalure and seal of a notary public. NAthout proper verification the statement is not considered filed. Falsification of information is subJect to criminal prosecution under state pe�al cotle. Before me, the undersigned authority, personally appeared who, after being duly sworn upon their oath deposed and stated as follows: "Mynameis and I hereby submit for filing the attached Financial Disclosure and Business Conflict of Interest Forms. I have personal knowledge of all information contained in said forms and all information contained in the forms is true and correct." °Further, all of the information contained in the forms is complete. There is no information that has been withheld or not disclosed which is responsive to or required to be disclosed by the forms." Affianl Sworn lo and subscribed befo2 me, this the day of Notary Public, State of Texas iNITIAL HERE: pATF: ORDINANCE 0-02-1322 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, REQUIRING THE FILING OF A FINANCIAL DISCLOSURE AND BUSINESS CONFLICTS OF INTEREST STATEMENT FOR ELECTED OFFICIALS, CANDIDATES, AND CERTAIN BOARDS AND COMMISSION MEMBERS, ESTABLISHING DEFINITIONS OF TERMS, PROMULGATING REPORTING FORMS, PROVIDING FOR FILING DATES, REPEALING A PRIOR RESOLUTION CONCERNING THE SUBJECT MATTER OF THE ORDINANCE, PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, the citizens of the City of Colleyville are entitled to know certain information about candidates for public office, elected officials and members of the Planning and Zoning Commission and the Zoning Board of Adjustment that may influence their decisions or determine whether they can make unbiased decisions; and to insure citizen trust of elected and appointed officials of the City, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLIEYVILLE, TEXAS, AS FOLLOWS: Sec. 1. THAT the terms used in this ordinance shall have the following meaning: A. Account of Financial Activitv. An "Account of Financial Activity" means and shall consist of: (i) A list of sources of occupational income during the reporting period, identified by the employer, the employer's address and position held, or if self-employed, by the nature of the occupation, the business address and position held of the individual, their spouse and those under the individual's financial control; and (ii) Where an individuat or those under the individual's financial control own real property or a beneficial interest in a business entity owing real property within the area crosshatched on Exhibit "A" to this ordinance during the reporting period, the account shall list the name in which legal title to the property is held, the nature of ownership interest, the name of the business entity in which a beneficial interest is held (if applicable), the lot, block, subdivision, city and county, or, if the real property is not part of a subdivision, the number of acres and tract, city and county in which the property is located. Further the account shall list each property identification number assigned by the Ordinance 0-02-1322 Page 2 of 6 county appraisal district to the property and by the street address (if available). Further, the account shall Iist the names and addresses of other persons or business entities which own an interest in the real property. If a business entity is a limited partnership, the name and address of the general partner shall be inciuded; and (iii) The name, address and nature of business of any business entity in which the individual or those under the individual's control held or acquired a beneficiai interest of 10% or more during the reporting period; and (iv) The name and address of the person, business entity or other organization from which the individual or those under the individual's financial control during the reporting period received a gift of anything of value in excess of $250.00 and a description of each gift, except (1) gifts received from an individual within the second degree of consanguinity or affinity as determined under sub-chapter B of Chapter 573 of the Government Code; (2) a political contribution that was reported as required by law; and (3) an expenditure required to be reported by a person required to be registered under Chapter 305 of the Government Code; and (v) The name and address of any business entity, non-profit corporation, charitable association, business association or other type of organization in which the individual or those under the individual's financial control were an officer, director, or held another position during the reporting period and a description of the position held. B. Bankruptcv. "Bankruptcy" means the filing of a petition, voluntary or involuntary, under Chapter 7, 11 or 13 of the Bankruptcy Code. (Title 11 of the United States Code). C. Beneficial Interest. A"beneficial interesY' means an ownership of either legal or equitable title and includes any ownership interest held in trust where the individual is either the trustee or the beneficiary of the trust. Where the ordinance refers to a beneficial interest of 10% or more of a business entity it is meant that the individual owns or is entitled to either a legal or equitable interest in 10% or more of the Ordinance 0-02-1322 Page 3 of 6 outstanding stock, membership interest or other indicia of ownership of the business entity. D. Business Entitv. A"business entity" means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law through which business or profit is conducted. E. Those Under The Individual's Financial Control. "Those under the individual's financial control" means the individual's spouse and dependent children's property or financial interest over which the individual had actual control or where the property was community property during the reporting period. Reportinq Individuals. "Reporting Individuals" means each member of the City Council, including the Mayor, each candidate for membership in the City Council, including the Mayor, each member of the Planning and Zoning Commission and Zoning Board of Adjustment, who are appointed after the passage of this ordinance and each applicant for a position on the Planning and Zoning Commission or the Zoning Board of Adjustment. G. Reportinq Period. The "reporting period" means the twelve (12) month period immediately preceding the date the Account of Financial Activity is due pursuant to the terms of this ordinance. H. Trust. A"trusY' means a trust subject to Chapter 9 of the Texas Property Code that owns real property or a beneficial interest in a business entity owning real property within the area crosshatched on Exhibit "A" to this ordinance or where the trust owns a 10% or more beneficial interest in another business entity. 2. THAT the Reporting Individuals shall file a report of their Account of Financiai Activity for the applicable reporting period. 3. THAT the Reporting Individuals shall file a report disclosing the filing of any bankruptcy petition by or against the individual, their spouse, a business entity in which the individual owned a beneficial interest of 10% or more, a business entity in which the individual was an officer or director of the business entity at the time of bankruptcy filing. Ordinance 0-02-1322 Page 4 of 6 4. THAT the Reporting Individuals shall file a report disclosing the filing of any information which charges a misdemeanor involving moral turpitude, a felony indictment, conviction of a misdemeanor involving moral turpitude or conviction of a felony of the individual or of a business entity in which the individual had a 10% or more beneficial interest or where the individuai was at the time of the filing or conviction an officer or director of the business entity. The report shali specify the name of the person or business entity charged, the nature of the offense, and if the information or indictment did not result in a conviction, the disposition of the information or the indictment. Sec. 5. THAT the disclosures required by Sections 2, 3 and 4 hereof shall be made on the Financial Disclosure and Business Conflict of Interest Forms which are attached hereto, shall be verified as provided therein and shall be filed with the City Secretary on the following dates: A. Candidates for membership in the City Council, including the Mayor, who are not currently sitting Council members, shall file within two (2) business days following the date upon which the filing for election for the position for which the individual seeks election is closed. B. Sitting Council members, including the Mayor, shall file on or before twenty (20) days after the passage of this ordinance and on the first business day following January 15 and July 15 each year. C. Applicants seeking appointment to the Planning and Zoning Commission or the Zoning Board of Adjustment shall file within two (2) business days following the end of the application period stated in the official City advertisement for application for the position. D. Sitting members of the Planning and Zoning Commission and the Zoning Board of Adjustment, who are appointed after the passage of this ordinance, shall file on the first business day following January 15 and July 15 of each year. Sec. 6. THAT the Reporting Individuals shall have a duty to file supplemental disclosures upon the Financial Disclosure and Business Conflict of Interest Forms which are attached hereto within three (3) business days of an occurrence of any change in the information reflected in the Financial Disclosure and Business Conflict of Interest Forms previously filed by the individual or where said information becomes inaccurate or � Ordinance 0-02-1322 Page 5 of 6 incomplete after the reporting period but prior to the conduct of the election at which they seek office or prior to their appointment. Sec. 7. THAT the failure to file when due the Financial Disclosure and Business Conflict of Interest Forms, including any suppiements required thereto, shall constitute a violation of this ordinance and shall be punishable by a fine not to exceed the sum of $500.00. It shall be a defense to any prosecution of a violation of this ordinance that within three (3) business days of the due date of any Financial Disclosure and Business Conflict of Interest Form, including any supplements required thereto, the individual filed a Financial Disclosure and Business Conflict of Interest Form in conformity with the provisions of this ordinance. 8. THAT if any section, paragraph, clause or provision of this ordinance for any reason is to be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect the remaining portion of this ordinance and the ordinance shall be read as if such invalid or unenforceable provisions did not exist. 5ec.9. THAT upon passage hereof, Resolution R-01-1789 is repealed in its entirety. Sec. 10. THAT the City Secretary is hereby authorized and directed to cause publication of a description caption and penalty clause hereof as an alternative method of publication as provided by law. IT IS SO ORDERED. first reading and public hearing being conducted on the �3 � day of �6Vl�e,, 2002. � reading and public hearing being conducted on the S� day of _.0 2002. 4TTEST: ' � �� Cynthia Singleton, TRMC City Secretary AS TO FORM AND LEGALITY: �� Ros� Foster City Attorney Ordinance 0-02-1322 Page 6 of 6 CITY OF COLLEYVILLE OY`i-7�� � onna Arp Mayor ORDINANCE NO. 0-02-1322 Exhibit "A" The crosshatched area is the portion of Tarrant County north of Interstate 30 and east of Interstate 35 W, and that portion of Denton County south of State Highway 114 and east of Interstate 35 W. Cily of Colleyville Financial Disclosure and Business Conflict of Interest Forms INFORMATION STATEMENT Form 1 TOTAL NUMBER OF PAOES FILED: Filed in accordance with Ordinance 02-1322 OFFICE USE ONLY TITLE: FIflSC MI <¢wMNumEe� � NAME one aew�wa N:CRNAMEI IAST:SUFFIX � ADDRESS A��flE55/CITV/6TATE2IP flecsp�NumOe� AmMNI 3 TELEPHONE ""`"cooE PNorvexuMeEA:e�rEnsiorv NUMBER o.iar�«e�� ( ) oeuimaeea 4 REASON FOR FILING ❑ CANDIDATE (IN�ICATEOFFICE) STATEMENT ❑ ELECTEDOFFICIAL (INDICATEOFFICE) ❑ ZONINGBOARDOFADJUSTMENT�naaucaNToanaPoiNTee) ❑ PLANNWGANDZONINGCOMMISSION(APP��cnNraaaPPowTee� � TWO (2) BUSINESS DAYS FOLLOWING THE CLOSING OF FILING FOR ELECTIVE OFFICE OR APPOINTMENT � CHANGES TO BE FILED JANUARY 15TH ❑ CHANGES TO BE FILED JULY 15TH � SUPPLEMENTALCHANGES 5 provide information for spouse and dependent children whose financial activity the filer had actual control over during this filing period. In addition, the source of annual income of the spouse shall be provided, as su6ject to federel election reporting requirements for a spouse: � SPOUSE �DEPENDENTCHILD 1 2 3 6� NO CHANGE. I do by here verify that there has been no changes since the previous filing of the Financial Disclosure and Business Conflici of Interest Forms. PLEASE SEE FORM 8 In parts 7-4 disclose your financial activiry during the 12 months proceeding the date of filing. In part 5 disclose not only your own financial activity, but also that of your spouse and/or depandent child or children, if you had actual control over that person's financial activity. COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: City of Colleyville Financial Disclosure and Business Contlicl of Interest Forms � SOURCES OF OCCUPATIONAL INCOME Form 2 When reporting information about a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on FORM 1. � INFORMATION RELATES TO ❑ FILER ❑ SPOUSE ❑ DEPENDENT CHILD 2 NAME AND AD�RE55 OF EMPLOYER / POSITION HEL� EMPLOYMENT ❑ EMPIOYED BYANOTHER NATURE OF OCCUPATION / NAME AND ADDRESS / POSITION HEL� ❑ SELFEMPLOYED INFORMATION RELATES TO ❑ FILER ❑ SPOUSE ❑ DEPENDENT CHILD NNME AN� ADORESS OF EMPLOVER I POSITION HELO EMPLOYMENT ❑ EMPLOYED BYANOTHER NATURE OF OCCUPATION I NAME AND A�DRE55 / POSITION HELO ❑ SELFEMPLOYED INFORMATION RELATES TO ❑ FILER ❑ SPOUSE ❑ DEPENDENT CHILD NAME AN� AO�RESS OF EMPLOYEP / POSITION HEL� EMPLOYMENT ❑ EMPLOYED BYANOTHER NATORE OF OCCUPATION ❑ SELFEMPLOYE� COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: . . __ . . ... . .. ... _. City of Colleyville Financial Disclosure and 8usiness Conflict ot Interest Forms INTERESTS IN REAL PROPERTY Form 3 Describe all teneficial interests in real properly heid or acquired by you, your spouse, or a dependent child during the calendar year within the area crosshatched on the map attached to Ordinance 02-1322. For more information see INSTRUCTION GUIDE When reporting information about a dependent child's activiiy, indicate the child about whom you are reporling by providing the number under which the child is listed on Form 7. � HEL� OR AC�UIRED BY � FILER ❑ SPOUSE ❑ DEPENDENT CHIL� 2 DESCRIPTION �o� City Block County Subdivision Ad Valorum Tax Account Number Acres and Tract 3 STREETADDRESS STREETADDRESS,INCLU�INGCITY,COUNTV,ANDSTATE ❑ NOTAPPLICABLE LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTRIES 4 NAME WHICH OWN AN INTEREST IN THE REAL PROPERTY ❑ INDIVIDUAL ❑ BUSINESS HELD OR ACQUIRED BY � FILER ❑ SPOUSE ❑ DEPENDENT CHILD 2 DESCRIPTION Lot Ctty Block County Subdivision Advalorum Taz Account Number Acres and Tract 3 STREETADDRESS STREETA�ORESS,WCLUDINGCITY,COUNTV,ANOSTATE ❑ NOTAPPLICABLE 4 NAME LISTTHENAMESANDADDRESSESOFOTHERPERSONSORBUSINESSEMITIES WHICH OWN AN INTEREST IN THE REAL PROPERTY � INDIVIDUAL ❑ BUSINESS COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: Cily of Colleyville Financial �isclosure and Business Conflict oi Interest Forms Gifts Form 4 Identiry any person or organization that has given a gift worth more than $250 to you, or those under your financial control as dafined in Ordinace 02-1322. Do not include: 1) expenditures required to be reported by a person required to be registered as a 1o66yist under Government Code, Chapter 305, 2) political coniributions reported as required by iaw, or 3) gifts given by a person relaied to the recipient within the second degree by consanguinity or affinity. When reporting information about a dependent child's activity, indicate ihe child about whom you are reporting by providing the number under which the child is listed an Form 1. � RECIPIENT ❑FILER ❑SPOUSE ❑DEPENDENTCHILD 2 NAMEAN�ADDRESS DONOR 3 DESCRIPTION OF GIFT RECIPIENT ❑ FILER ❑ SPOUSE ❑ DEPENDENTCHIID NAMEFNOAODRE55 DONOR DESCRIPTION OF GIFT RECIPIENT ❑ FILER ❑ SPOUSE ❑ �EPENDENTCHILD NAMEANOADOPESS DONOR DESCRIPTION OF GIFT COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: City of Colleyville Financial Disclosure and Business Conflictotlnterest Forms BOARDS AND EXECUTIVE POSITIONS Form 5 This section is for information concerning executive positions and directorship held by you or those under your tinancial control. For more information see INSTflUCTION GUIDE When reporting information a6out a dependent child's activity, indicate the child about whom you are reporting by providing the number under which the child is listed on Form t. � POSITION HELD BY ❑ FILER ❑ SPOUSE ❑ �EPENDENTCHIID Z ORGANIZATION ADDRESS � NON PROFIT � CHARITABLEASSOCIATION � BUSINESSASSOCIATION 3 POSITION HELD POS�TION HELD BY ❑ FILER ❑ SPOUSE ❑ DEPENDENT CHILD ORGANIZATION ADDRESS � NON PROFIT � CHARITABLEASSOCIATION � BUSINESSASSOCIATION POSITION HELD POSITION HELD BY ❑ FILER ❑ SPOUSE ❑ DEPENDENT CHILD ORGANIZATION POSITION HELD COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: CI of Colle ville Fnancial Disclosure and Business Conilict of Interest Forms BANKRUPTCIES Form 6 Individuals shall disclose any bankruptcy petition by or against the i�dividual, their spouse, a business entity in which the individual owned a beneficial interest of 10 % or more, or a business eniity in which the individual was an officer or director of the business entiry at the time of bankruptcy fiiing. For more information see INSTRUCTION GUIDE � TYPE OFBANKRUPTCY � PERSONAL � BUSINESS � N/A � NONE NAME � CHAPTER ❑ � � � � � 13 3 IF CHAPTER 7 DID YOU RECEIVE A � vEs � No DISCHARGE 4 IF CHAPTER 11 OR 13 DID YOU COMPLETE � YES � NO ASUCCESSFUL REORGANIZATION Misdemeanor Involving Moral Turpitude and Felonies Individuals shall disclose any information which charges a misdemeanor involving moral turpiiude, a felony indictmeni, conviction of a misdemeanor involving moral turpitude or conviction of a felony of the individual or of a business entity in which the individual had a 10 % or more beneficial interest or where the individual was at the time of the Filing or conviction an oNicer or director of the business entity. � NAME ❑ PERSONAL � BUSINE55 Business or Entity Charged z TYPE OF INDICTMENT or INFORMATION 3 NATURE OF OFFENSE DESCRIPTION 4 DISPOSITION OF INDICTMENT or INFORMATION COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: Ciiy of Colleyville Financial Disclosure and Business Conliict of Interesi Forms INTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 OR OTHER BUSINESS ASSOCIATIONS Describe all interests In business entities held or acquired by you or ihose under your financial control as defined in Ordinance 02-1322. For an explanation of "beneficial interest' and other specific directions tor completing this sedion, see INSTRUCTION GUIDE. When reporting intormation about a dependent child's acliviry, indica�e the child about whom you are reporting by providing [he number under which the child is listed on Form 1. � HELD OR ACQUIRED BY � FILER ❑ SPOUSE ❑ DEPENDENTCHIL� 2 DESCRIPTION NNMEANOAODFESS 3 NATURE OF BUSINESS HELD OR ACQUIRED BY � FILER ❑ SPOUSE ❑ DEPENDENT CHILD DESCRIPTION NAME AN� N��PESS NATURE OF BUSINESS HELD OR ACQUIRED BY � FILER ❑ SPOUSE ❑ DEPENDENT CHILD DESCR I PTION NAME AND AODqE55 NATURE OF BUSINESS COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY INITIAL HERE: DATE: Financial �isclosure and Business Conllict of Interest PERSONAL FINANCIAL STATEMENT Form 8 AFFIDAVIT The Ordinance 02-1322 requires that ihe disclosures in the Financial Disclosure antl Business Conflict of Interest Forms be verified. The verification page must have the signatures of the Financial Disclosure and Business Contlict of Interest Forms, as well as the signature antl seal of a notary public. Without proper veriiication, the statement is not considered filed. Falsification of information is subject to criminal prosecution under staie penal code. Before me, the undersigned authority, personaliy appeared who, after being duly sworn upon their oath deposed and stated as follows: "My name is and I hereby submit for filing pursuanl to Ordinance No. 0-02-1322 of the CiTy of Colleyville, the attached Financial Disclosure and Business Conflict of Interest Forms. I have personal knowledge of all information contained in said forms and all information coniained in the forms is true and correct." "Further, all of the information coniained In the forms is complete. There is no information that has been withheld or not disdosed which is responsive to ar required to be disclosed by the forms." Affiant Sworn to and subscribed before me, this the day of , 2002. Notary Public, State of Texas INITIAL HEflE: DATE: PLANNING AND ZONING COMMISSION COLLEYVILLE ECONOMIC DEVELOPMENT PARKS AND RECREATION �B�R1, ADVISORY gOARD B A D ZONING SIGN BOARD OF BOARD OF AD]USTMENT APPEALS COMMUNICATIONS DIRECTOR Mona Gandv CHIEF FINANCIAL OFFICER B�ian Hogan HUMAN RESOURCES DIRECTOR Rachel Huitt STRATEGIC SERVICES MANAGER Adrienne LotheN MARKETING UTILITY BILLING MUNICIPAL COURT COLLEYVILLE CENTER MANAGER CITIZENS OF COLLEYVILLE CI'�'Y CRIME CONTROL AD HOC COUNCIL /aND PREVENTION COMMIfTEES DISTRICT BOARD CIN ATTORNEY CITY MANAGER ^MurviaPn� couar Matthew 6oyle JUDGE Jennifer Fadden � , DEPUTY CITY MANAGER Chris Fuller CITY SECRETARY Amy Shelley COMMUNITY DEVELOPMENT DIRECTOR Vacant ECONOMIC DEVELOPMENT DIRECTOR LIBRARY AND RECREATION DIRECTOR Mary Rodne BUILDING INSPECTION GIS TAXINCREMENT FINANCING DISTRIGT BOARD EVENTS STEERING COMMIl7EE COLLEYVILLE CENTER ADVISORY BOARD � HISTORICAL PRESERVATION COMMIfTEE ASSISTANT CITY MANAGER/ DIRECTOR OF PUBLIC SAFETY Mike Holder PATROL INVESTIGATIONS CODE ENFORCEMENT PARKS MANAGER Heathe� Dowell INFORMATION SERVICES MANAGER FIRE CHIEF SENIOR Brian Riley CENTER FIRE/EMS OPERATIONS INSPECTIONS INVESTIGATIONS PUBLIC WORKS DIRECTOR Jeremy Hutt i ENGINEERING CONSTRUCTION MANAGEMENT & INSPECTION WATER AND WASTEWATER OPER4TIONS STREET MAINTENANCE DRAINAGE BUILDING MAINTENANCE FLEET MAINTENANCE Article 1 11 III COLLEYVILLE CITY CHARTER TABLE OF CONTENTS Section Title Form of Government and Boundaries 1.01 1.02 1.03 2.01 2.02 2.03 2.04 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 Form of Government Boundaries of the City Boundary Adjustment Powers of the Citv General Powers Adopted Eminent Domain Establishment and Control of Public Property Street Development and Improvements The Governin4 Bodv Number, Selection, Term Qua►ifications City Council to be the Judge of Election Qualification Compensation Vacancies Mayor and Mayor Pro Tem Powers of the City Council Forfeiture of Elected Office Pas�e 2 2 2 3 3 3 4 4 5 5 6 6 6 7 7 IV V 3.09 Meetings and Rules of Procedure 3.10 Investigation by the City Council 3.11 Ordinances in General 3.12 Emergency Ordinances 3.13 Resolutions Elections 4.01 Laws Governing City Elections 4.02 General Elections 4.03 5pecial Elections 4.04 Publishing City Elections 4.05 Runoff Election 4.06 Election by Majority 4.07 Public Disclosure 4.08 Oath of Office Recall of Officers bv the People 5.01 Scope of Recall 5.02 Petitions for Recall 5.03 Form of Recall Petition 5.04 Various Papers Constituting Petition 5.05 Presentation of Petition to the City Council 5.06 Public Hearing to be Held 5.07 Election to be Called 5.08 Ballots in Recall Election : 9 10 10 10 10 10 10 11 11 11 12 12 12 13 13 13 VI 5.09 5.10 5.11 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.10 6.11 6.12 7.01 7.02 7.03 7.04 Result of Recall Election 13 Recall, Restrictions Thereon 13 Failure of City Council to Call an Election 14 Legislation bv the Peoale, initiative and Referendum General Power 14 Initiative 14 Referendum 15 Voluntary Submission of Legislation by the City 15 Council Form of Ballots 15 Publication of Proposed and Referred Ordinance 15 or Resolution Adoption of Ordinances or Resolutions by 16 Referendum or Initiative inconsistent Ordinances or Resolutions 16 Ordinances or Resolutions Passed by Popular 16 Vote, Repeal or Amendment Further Regulations by City Council 16 Franchise Ordinances 16 Compelling Submission 16 Administrative Orqanization City Manager 17 City Secretary 18 Department of Police 18 Fire Department 19 VIII IX X 7.05 7.06 7.07 :� :� :� : �- 9.01 9.02 9.03 9.04 9.05 9.06 9.07 9.08 9.09 10.01 10.02 10.03 10.04 Department of Public Works Department of Finance Other Departments, Boards and Commissions Leaai and Judicial Services Municipal Court Judge of the Municipal Court Clerk of the Municipal Court City Attorney Municipal Finance Fiscal Year Annual Budget Pubiic Records Amendments after Adoption Lapse of Appropriations Administration of Budget Borrowing Purchasing Specified Reserve Fund Taxation Department of Taxation Power to Tax Limitation on Tax Rate Taxes - When Due and Payable 19 20 20 20 20 20 21 21 21 24 24 25 25 25 26 26 27 27 27 27 xi XII XIII 10.05 11.01 11.02 11.03 11.04 11.05 11.06 12.01 12.02 12.03 12.04 12.05 12.06 12.07 12.08 12.09 12.10 12.11 13.01 13.02 Tax Liens Planninq and Zonins�, Board of Adiustments The Planning and Zoning Commission Powers and Duties The Master Plan Legal Effect of the Master Plan Zoning Board of Adjustment Separation of Planning and Zoning Commissions 27 28 28 29 29 29 29 Powers of the City 30 Power to Grant Franchise 30 Grant Not to be Exclusive 30 Transfer of Franchise 30 Right of Regulation 31 Extensions 31 Regulation of Rates 32 Public Service Corporations to File Annual Reports 32 Accounts of Municipal�y Owned Utilities 33 Sales of Municipal Services 33 Franchise Records 33 Transitional Provisions Schedule 33 Officers and Employees 34 XIV 13.03 Preservation of Contract Rights 13.04 Franchises General Provisions 14.01 Publicity of Records 14.02 Personal Financial Interest 14.03 Nepotism 14.04 Official Bond for City Employees 14.05 Tort Liability 14.06 Severability Clause 14.07 Effect of Charter on Existing Laws 14.08 Applicability of General Laws 14.09 Property Not Exempt from Special Assessments 14.10 Amending the Charter 14.11 Judicial Notice 14.12 Gender of Wording Submission of Charter to Voters Charter Amendment Election — May 7, 2005 34 35 35 35 36 36 36 37 37 37 37 38 38 38 39 40 HOME RULE CHARTER forthe CITY OF COLLEYVILLE, TEXAS 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 fuliy 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 Coileyville 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 GovernmenY'. Pursuant to its provisions, and subject oniy to the limitations irnposed by the State Constitution, State law, and by this Charter, ail 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 Boundaty Adjustment; The City Council shaii 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 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 govemment 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 controi property as may now or hereafter be owned by it; may sue and be sued; may fumish municipal services, both within and without its corporate iimits; 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 Councii shall have and may exercise all powers of local self govemment 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 fuil 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 fumishing 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 lay out, estabiish, open, alter, widen, lower, raise, extend, grade, abandon, discontinue, abolish, close, care for, pave, 3 supervise, maintain and improve streets, alleys, sidewalks, parks, squares, public _ places and bridges; and regulate the use thereof; require the removal from streets, sidewalks, alleys, and other public property or places of all obstructions and encroachments of every nature or character upon any of said streets and sidewalks, a nd the power to regulate, control and/or prohibit the moving of any type of objects over, a long, or upon, under or across streets, alleys, sidewalks, parks, squares, public places a nd bridges, of every kind and character in such places and at such time as public need shall dictate. Section 2.04 Street Development and Improvements: The City shall have the power to develop and improve, or cause to be developed and improved, any and all public streets or ways within the corporate limits of the City by laying out, opening, narrowing, widening, straightening, extending, lighting, and establishing building lines along the same by purchasing, condemning, and taking property therefore; by filling, grading, raising, lowering, paving, repaving and repairing in a permanent manner, the same, and by constructing, reconstructing, altering, repairing, and realigning curbs, gutters, drains, sidewalks, culverts and other appurtenances and incidentals in connection with such development and improvement authorized hereinabove, or any combination or parts thereof. The cost of such development and improvement may be paid partly by assessments levied as a lien against the property abutting thereon and against the owners thereof, subject, however, to the limitations imposed by State law. Such assessments may be levied in any amounts and under any procedures not prohibited by State law, but such assessments may not be levied in excess of thirty-three and one-third percent (33 1/3%) of the costs of such improvements for property abutting one side of said street or pubiic 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 iwo (2) lane Collector Street as defined by City Ordinance. Provided, however, that whenever the City undertakes developing, improving and paving of public streets, sidewalks, al�eys, highways, and other public ways within its corporate limits, the City shall not have the power and authority to assess property abutting the streets to be developed, improved, or paved, without the approval of sixty percent (60%) of the abutting property owners. ARTICLE III THE GOVERNING BODY (Amended May 7, 2005) Section 3.01 Number, Selection, Term: The Legislature and Governing Body of the City shall consist of seven (7) members; six (6) City Council Persons elected by place number and a Mayor, all members to be elected from the City at large, and shall be known as the 'City Council of the City of Colleyville'. C! The Mayor and City Council Persons shail be elected under the generai 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 shali 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 untii his successor is elected and duly sworn. Positions for members of the City Council shall be for Mayor and Piaces 1 through 6. Cornmencing 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 shail 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 shail 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. Section 3.04 Compensation: The Mayor and City Council Persons shall not receive a salary, but shall be entitied to actual and necessary expenses incurred in the performance of their specific o�cial 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 ne� 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 C ity Council members shall appoint a qual�ed 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 reguiar or special City election. Section 3.06 Mayor and Mayor Pra Tem: The Mayor shall preside at all meetings of the City Council and shali 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 shali 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. 0 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 Councii 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 Forteiture of Elected Office: (A) Except where authorized by State law, a Mayor or City Council Person shall: (1) Resign their current o�ce 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 o�ce 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 otherv✓ise 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 Council or its members shall deal with City o�cers 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 o�cer or employee, either pubiicly 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 Attomey 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 Coileyville 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, recorded and adjourned until the regular or called special meeting. Special meetings may be held on the call of the Mayor or four (4) members of the City Council at the place within the City of Colleyville designated in the public notice. All meetings shall be held and public notice thereof given as required by State law. (Amended May 7, 2005) (B) Minutes and Rules. The City Council shall determine its own rules and order of business, and shall provide for keeping minutes of its proceedings and post copy on the City Bulietin Board untii the next meeting. The minutes shall be a public record. (C) Quorum and Voting. Four (4) voting members of the City Council shall constitute a quorum. Voting, except on procedural motions, shall be by roll call and the "ayes" and "nays" shall be recorded in the minutes. The Mayor and every City Council Person shall vote on ali issues unless there is a declared and recorded statutory conflict of interest. If because of a statutory conflict of interest a member steps down and remains in the Chamber to return after the item is resolved, then a quorum will be considered in attendance even though only three (3) City Council Persons are left to vote. However, no action shall be approved with less than four (4) affirmative votes. If during the course of a meeting a quorum ceases to exist, the meeting shall be deemed adjoumed and no further business shall be conducted. (Amended May 7, 2005) Section 3.10 Investigation by the City Council: The City Council, by majority vote, shall have authority to inquire into the conduct of any office, department, agency, City Council member, officer or employee of the City, and to make investigations as to municipal affairs, and for that purpose the City Council shall have the power to authorize the Mayor to subpoena witnesses, administer oaths, and compel production of books, documents, or other evidence. Failure to obey such subpoena or produce books, documents, or other tangible evidence as ordered under the provisions of this Section shall constitute cause for removal from office. (Amended May 7, 2005) 5ection 3.11 Ordinances in General: The City Council shall legislate by ordinance, and the enacting clause of every ordinance shall be, "Be it ordained by the City Council of the City of Colleyville." The City Attorney shall approve as to legality prior to final action by the City Council. Every ordinance enacted by the City Council shall be signed by the Mayor or Mayor Pro-Tem in the Mayor's absence, and shali be filed with and recorded by the City Secretary. All ordinances exclusive of emergency ordinances as defined by Section 3.12, shall be read in open meeting of the City Council at two (2) consecutive regular City Council meetings. The caption only of each proposed ordinance shall be read at the first and second reading, provided, that upon the request of any three (3) members of the City Council, the 0 ordinance shall be read in its entirety on either the first or second reading, and further provided, however, that nefther 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 orclinance. 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 Councii 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 orciinance or as an ordinance in general under Section 3.11. (Amended May 7, 2005) Section 3.13 Resolutions: Any o�cial 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 govemed, 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 ChaRer 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) E Section 4.02 General Elections: The regular City elections shall be held annuafly on the first Saturday in May, unless specificaily 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 Councii 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 tirne, place, date and purpose of any forthcoming City election, and the City Council shail 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 Colleyviile, 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 o�ce 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 Colleyviile, 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: Alt 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 Recali: Before the question of recall of such officer shail 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 signer shall print their name, street address of their residence in Colleyvilie, voter registration certification number and the day, month and year that their signature was affxed to the recali petition. (Amended May 7, 2005) Section 5.03 Form of Recall Petition: The recall petition mentioned above must be addressed to the City Council of the City of Golleyville, must distinctly and specifically point out the ground or grounds upon which such petition for removal is predicated, and if there be more than one (1) ground, such as for incompetence, misconduct, or malfeasance in office, shall specificaily 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 shail be verified by oath in the following form: STATE OF TEXAS COUNTY OF TARRANT , being first duly sworn, on oath deposes and says that I am one (1) of the signers of the above petition and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be. SWORN AND SUBSCRIBED TO before me this _ day of , 20 _. Notary Public in and for The State of Texas Section 5.04 Various Papers Constituting Petition: Within ten (10) days from the filing of such petition, the City Secretary shall examine the same and from the list of qualified voters ascertain whether or not said petition is signed by the requisite number of qualified voters, and, if necessary, the City Council shall allow him extra help for that purpose, and he shall attach to said petition a certificate showing the result of such examination. If by the City Secretary's certificate the petition is shown to be insufficient, it may be amended within ten (10) days from the date of said certificate. The City Secretary shall, within ten (10) days after such amendment is fited, in case one (1) is filed with him, make a like examination of said amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing same without prejudice, however, to the filing of a new petition based upon new and different grounds, and not upon the same grounds. (Amended April 7, 1984) Section 5.05 Presentation of Petition to the City Council: W ithin fifteen (15) days after the date of filing of the papers constituting the recall petition, the person performing the duties of the City Secretary shall present such petition to the City Council of the City of Colleyville at a special meeting called for•this purpose, or at the next regular meeting of the City Council. (Amended Apri� 7, 1984) 12 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 reca�l petition. In this event, the City Council shall order such public hearing to be held not less than ten (10) days nor more than iwenty (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 recali 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 shail 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 recail of the person named on the ballot, he shall continue in office for the remainder of his unexpired terrn, 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 baliot, he shall, regardless of any technicai 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 recali petition shall be filed against any o�cer 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 Cali an Election: In case all of the requirements of this Charter shall have been met and the City Councii shall fail or refuse to receive the recall petition, or order such recail 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 Colleyviile 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 shail 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) 14 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 disapprovai, 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 andlor 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 Ballats: The bailots 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 15 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 ciause 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) 16 ARTICLE VII ADMINISTRATIVE ORGANIZATION Section 7.01 City Manager: (A) Appointment and Qualifications. The City Councii 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 ail laws, this Charter, and acts of the City Council; (5) Prepare and submit the annual budget and capitai program to the City Council; 17 (6) Submit to the City Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (7) Make such other reports as the City Council may require concerning the operations of the City departments, offices and agencies subject to the City Manager's direction and supervision; (8) Keep the City Council fully advised as to the financial condition and future needs of the City; (9) Make recommendations to the City Council concerning the affairs of the City; (10) Provide stafF support services for the Mayor, City Council members, and appointed commissions, boards, and committees; and (11) Perform such other duties as are specified in this Charter or as may be required by the City Council. (Amended January 18, 1992) Section 7.02 City Secretary: The City Manager shall appoint a qualified individual to fill the position of City Secretary. The City Secretary shall not be appointed for a definite term, but may be removed from office by the City Manager. The City Secretary shall: (Amended May 7, 2005) (A) Give notice of and attend all official public meetings of the City Council; (B) Record the minutes and proceedings of all o�cial 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. iE:3 (A) Chief of Police. The Chief of Police shall be the chief administrative o�cer 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 shali 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 o�cer. 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 shail be the chief administrative officer of the Fire Department. He shall appoint and remove the employees of said department and shall pertorm 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 fuily 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 Pubiic Works. He shall appoint and remove the empioyees 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) 19 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 depaRments as it may deem advisable and may create new departments. The City Councii 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 shail be established and maintained a court designated as a"Municipal Court in the Ciry 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. Ail 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 shali 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 usuai and necessary to be performed by the clerks of courts in issuing process of said courts and conducting the business thereof. (Amended May 7, 2005) 20 Section 8.04 City Attorney: (Amended May 7, 2005) The City Councii shall appoint a competent and duly licensed attomey 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 offce 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 any time 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 ali 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 comp�ete 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 shali also summarize the City's debt position and include such other material as the City Manager deems advisable. The budget shall begin with a clear, general summary of its contents, shall show in detail all estimated income, indicating the proposed property tax levy, and all proposed expenditures, including debt service, for the ensuing fiscal year. The proposed budget expenditures shall not exceed the total of estimated income. The budget shall be so arranged as to show comparative figures for actual and 21 estimated income and expenditures of the preceding fiscal year, compared to the estimate for the budgeted year. It shall include in separate sections: (1) An itemized estimate of the expense of conducting each department, division and office. (2) Reasons for proposed increases or decreases of such items of expenditure compared with the current fiscal year. (3) A separate schedule for each department, indicating tasks to be accomplished by the department during the year, and additional desirable tasks to be accomplished if possible. (4) A statement of the total probable income of the City from taxes for the period covered by the estimate. (5) Tax levies, rates, and coliections for the preceding five (5) years. (6) An itemization of all anticipated revenue from sources other than the tax levy. (7) The amount required for interest on the City's debts, for sinking fund and for maturing serial bonds. (8) The total amount of outstanding City debt, with a schedule of maturities on bond issues. (9) Such other information as may be required by the City Council. (10) Anticipated net surplus or deficit for the ensuing fiscal year of each utility owned or operated by the City and the proposed method of its disposition; subsidiary budgets for each utility giving detailed income and expenditure information shall be attached as appendices to the budget. (11) A Capital Program, which may be revised and extended each year to indicate capital improvements pending or in process of construction or acquisition, and shall include the following items: a. A summary of proposed programs; b. A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity for such improvements; c. Cost estimates, method of financing and recommended time schedules for each such improvement; and d. The estimated annual cost of operating and maintaining the 22 facilities to be constructed or acquired. e. A statement indicating the relationship to, and whether each such improvement is considered with the Master Plan. (Amended November 7, 1995) (B) Submission: The City Manager shall submit to the City Council a proposed budget and accompanying message. The City Council shall review the proposed budget and revise as deemed appropriate prior to general circulation for public hearings. (Amended April 7, 1979) (C) Public Notice and Hearing: The City Council shall post in the City Hall and publish in the official newspaper not more than fourteen (14) days prior to each public hearing on the budget a notice stating the time and place where copies of the message and budget are available for inspection by the public, and the time and place of each public hearing on the budget. The City Council may consider, holding public hearings and adopt the budget at regular meetings called by the City Council for that purpose, notwithstanding the provisions of Section 3.11 of this Charter requiring action at iwo (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 fiscai year. (Amended May 7, 2005) 23 Section 9.03 Public Records: Copies of the approved budget, capital improvement program, and supporting papers shail 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 Councii 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 Councii may by such emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time. (C) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the City Manager that the revenues available will be insufficient to meet the amount appropriated, he shall report to the City Council without delay, indicating the estimated amount of the deficit, any remedial actions taken by him and his recommendations as to any other steps to be taken. The City Council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one (1) or more appropriations. (D) Transfer of Appropriations. At any time during the fiscal year the City Manager may transfer part or all of any unencumbered appropriation balance among programs within a department, division, or office and, upon written request by the City Manager, the City Council may by ordinance transfer part or all of any unencumbered appropriation balance from one (1) department, office or agency to another. (E) Limitations. No appropriation for debt service may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. (F) Effective Date. The supplemental and emergency appropriations and reduction or transfer or appropriations authorized by this section may be made effective immediately upon adoption of the ordinance. 24 Section 9.05 Lapse of Appropriations: Every appropriation, (except an appropriation for a capitai 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 su�cient 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 knowingiy 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 o�ce as a public record. Section 9.07 Borrowing: The City Council shail have the power, except as prohibited by law, to borrow money by whatever method it may deem to be in the public interest. 25 (A) General Obligation Bonds. The City shall have the power to borrow money on the credit of the City and to issue general obligation bonds for permanent public improvements or for any other public purpose not prohibited by the Constitution and State law, and to issue refunding bonds to refund outstanding bonds of the City previously issued. All such bonds shall be issued in conformity with the State law. (B) Revenue Bonds. The City shall have the power to borrow money for the purpose of constructing, purchasing, improving, extending or repairing of public utilities, recreational facilities or any other self-liquidating municipal function not prohibited by the Constitution and State law, and to issue revenue bonds to evidence the obligation created thereby. Such bonds shall be a charge upon and payable from properties, or interest therein pledged, or the income therefrom, or both. The holders of the revenue bonds shall never have the right to demand payment thereof out of monies raised or to be raised by taxation. All such bonds shall be issued in conformity with State law. (C) Bonds Incontestable. All bonds of the City having been issued and sold and having been delivered to the purchaser thereof, shall thereafter be incontestable and all bonds issued to refund in exchange for outstanding bonds previously issued shall and after said exchange, be incontestable. (D) Borrowing in Anticipation of Property Tax. In any Budget year, the City Councii may, by resolution, authorize the borrowing of money in anticipation of the collection of the property tax for the same year whether levied or to be levied. Notes may be issued for periods not exceeding one (1) year and must be retired by the end of the budget year in which issued. (E) Use of Bond Funds. Any and all bond funds approved by a vote of the citizens of Colleyville will be expended only for the purposes stated in the bond issue. (F) Certificates of Obligation. All certificates of obligation issued by the City shall be approved by ordinance and issued in accordance with State law. Section 9.08 Purchasing: The City Council may confer upon the City Manager general authority to contract for expenditures without further approval of the City Council for all budgeted items not exceeding limits set by the City Council or State law. Section 9.09 Specified Reserve Fund: Specified reserve funds may be created for specific purposes, and may be used only for such purposes. ►T� 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 coilect taxes, the head of which shall be the City Collector which office shall be filled by appointment by the City Manager for an indefinite term. The Collector shall give a surety bond for faithful performance of his duties, including compliance with all controlling provisions of the State law bearing upon the functions of his office, in a sum which shall be fixed by the City Council at not less than one hundred thousand dollars ($100,000). (Amended May 7, 2005) Section 10.02 Power to Tax: The City Council of the City shall have the power, and is hereby authorized to levy, assess and collect, not to exceed the maximum limits set by the Constitution and State law, on each one hundred dollar ($100.00) assessed valuation of all property having a situs within the corporate limits of the City and not exempt from taxation by the Constitution and State law. Section 10.03 Limitation on Tax Rate: The maximum tax rate shall not exceed one dollar and fifty cents ($1.50) on the one hundred dollars ($100.00) valuation of taxable property within the City. Any tax rate set per budget year shall not result in an ad valorem tax revenue increase greater than seven percent (7%) of the total ad valorem tax revenue collected in the preceding budget unless authorized by the voters of the City at a special election. (For the purpose of the preceding limitation, any additional ad valorem tax revenue generated or attributable to construction within a preceding budget year shall not be considered in determining whether the tax revenue increase is more than seven percent (7%) of the preceding budget year). (Amended April 7, 1984) Section 10.04 Taxes - When Due and Payable: All taxes due the City of Colleyville shall be payable at the office of the City Tax Collector and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be not later than October 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 authorized by State law. Failure to levy and assess taxes through omission in preparation of the approved tax roll shall not relieve the person, firm or corporation so omitted from obiigation to pay such current or past due taxes as shown to be payable by recheck of the rolis and receipt for the years in question. (Amended May 7, 2005) Section 10.05 Tax Liens: The tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon the property as of January 1 st of any year, upon which the tax is due, which lien, charge 27 or encumbrance the City is entitled to enforce and foreclose in any court having _ jurisdiction over the same, and the lien, charge or encumbrance on the property is such as to give the State Courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this State or person whose residence is unknown, but as against non-residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, and such lien may be foreclosed in any court having jurisdiction. Such lien shall be entitled to that priority as allowed by State law. In addition to the lien herein provided, on the first day of January of any year the owner of real and personal property subject to taxation by the City shall be personally liable for the taxes due thereon for such year. The City shall have the power to sue for and recover personal judgment for taxes without foreclosure, or to foreclose its lien or liens, or to recover both personai judgment and foreclosure. In any such suit where it appears that the description of any property in the City Assessment Rolls is insufficient to identify such property, the City shall have the right to plead a good description of the property intended to be assessed, to prove the same, and to have its judgment foreclosing the tax lien and/or personal judgment against the owner for such taxes. (Amended May 7, 2005) ARTICLE XI PLANNING AND ZONING, BOARD OF ADJUSTMENTS Section 11.01 The Pianning and Zoning Commission: There shall be established a Planning and Zoning Commission, which shall consist of seven (7) citizens of the City of Colieyville. Members of said Commission shall be appointed by the City Council for a term of hvo (2) years and will serve at the will and pleasure of the City Council. Three (3) members of the Planning and Zoning Commission shall be appointed each odd numbered year and four (4) members shall be appointed each even numbered year. The Commission shail elect a chairman from its membership and shall meet in the City Hall not less than once each month. The chairman of the Commission shall be a voting member. Vacancies created by resignation, removal by vote of a majority of the City Council, or by any other reason shall be filled by the City Council for the remainder of the term. A majority of the members shall constitute a quorum; however, no action shall be approved with less than four (4) affirmative votes. Attendance requirements for members shall be the same as for members of the City Council. The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation. (Amended May 7, 2005) Section 11.02 Powers and Duties: The Planning and Zoning Commission shall: (A) Recommend a City Plan for the physical development of the City. (B) Recommend to the City Council, approval or disapproval of proposed changes in the Zoning Plan. m (C) Exercise control over the platting or subdividing of land within the corporate limits of the City and outside same corporate limits to the extent authorized by State law; provided, however, this grant of authority shall not limit the City Council's right to provide that the City Council shali have final approval of plats, as provided by State law (Amended April 4, 1981) The Commission shall be responsible to and act as an advisory body to the City Council, and shali have and perform such additional duties as may be prescribed by ordinance. Section 11.03 The Master Plan: The Master Plan for the physical development of the City of Colleyville shall contain the Commission's recommendations for growth, development and beautification of the City. A copy of the Master Plan, or any part thereof, shall be forwarded to the City Council, which may adopt this plan in whole or in parts, and may adopt any amendment thereto after at least one (1) public hearing on the proposed action. The Commission shail act on such plan, or part thereof, and again forward it to the City Council for consideration. All amendments to the Master Plan recommended by the Commission shall be submitted in the same mann2r as outiined above to the City Council for approval, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from Planning and Zoning Commission. Section 11.04 Legal Effect of the Master Plan: Upon adoption of the Master Plan by the City Council, no subdivision, street, park, or any public way, ground or space, public building or structure, or pubiic 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 e�ent thereof shall have been submitted to the Commission and approved by the City Council. In case of Commission disapproval, they shall communicate their reasons to the City Council, which shall have the power to overrule such disapproval. The widening, narrowing, relocating, vacating, or change in the use of any street, alley, or public way, or ground, or sale of any public building or real property, shall be subject to similar submission and approval of the Planning and Zoning Commission and failure to approve may be similarly overruled by the City Councii. (Amended May 7, 2005) Section 11.05 Zoning Board of Adjustment: There shall be a Zoning Board of Adjustment as specified by State law. Vacancies which are created by resignation, or for any other reason shall be filled by the City Council for the remainder of the term. (Amended May 7, 2005) Section 11.06 Separation of Planning and Zoning Commissions: The City Council may by ordinance, at such time as deemed in the best interest of the citizens of Colleyville, create a separate Commission to perform the duties of Planning. This Commission shall have the same structure as provided for the Zoning Commission in 29 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 XI I 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 utiiity 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 ail 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) Ki�] 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 pubiic 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 Ciiy: (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 othenvise 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 hoider in opening and refilling of ail earth openings shall re-lay 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: AII 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 utiiity 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 ChaRer 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) 31 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 su�ciency 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 Iegal 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 Councii 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 intelligentiy 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 forteit 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. �£ 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 financiai 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 annualiy 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 r�les 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. Ec�c3 (B) Upon adoption of this Charter, the present Mayor and members of the City Council filling elective offices shall continue to fill those o�ces for the terms to which they were elected. The City Council shall be elected as provided in Article 3 of this Cha�ter. 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 Council or 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 O�cers and Employees: (A) Rights and Privileges Preserved. Nothing in this Charter except as otherwise specifically provided shall effect or impair the rights or privileges of persons who are City o�cers 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 shali be subject to the personnel system. Section 13.03 Preservations of Contract Rights: All rights, claims, actions, orders, contracts, franchises, and legal or administrative proceedings in existence at the time of the adoption of this Charter shall continue until consummation. All renewals or new rights, claims, actions, orders, contracts, franchises, and legal or administrative proceedings arising after the adoption of this Charter shall be conducted pursuant to the Charter. 34 Section 13.04 Franchises: Within six (6) months after the effective date of the adoption of the original Charter, every public utility and every owner of a public utility franchise shall file with the City certified copies of all franchises owned or claimed, or under which such utility is operated in the City. ARTICLE XIV GENERAL PROVISIONS Section 14.01 Publicity of Records: Ail 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 shail apply to all elected and appointed City officials, members of commissions, boards, committees and City empioyees. (A) Misuse of Office. No person shall use his office, position or employment in an uniawful 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 discretionary authority with regard to an interest as prohibited by State law. shall make a decision or exercise their entity in which he or she has a financial (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 shali be filed within fifteen (15) days of the decision, vote, or other event [c�7 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, shali 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 Councii 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 acknowiedging 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 offce 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 o�ce 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 continuousiy 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, � 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 ChaRer, 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 estabiished 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 alI 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 Colieyville 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 Speciai Taxes, Charges, Levies and Assessments, authorized or permitted by this Charter, for Local improvements for the public welfare. 37 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. m SUBMISSION OF CHARTER TO VOTERS The Charter Commission in preparing this Charter, fnds and decides that it is impracticabie 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 ChaRer 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 Councii 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 o�ce for such purpose, such Charter as adopted, and such Secretary shali 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 LEONARD LEAR FRANK RAWLS TOMMY ELLISON LOWELL LONNON D.B.SCROGGINS OPAL ETHRIDGE LOUIS MILLER MAX SUMMERS H.L. GIBSON JAMES MOORE LINDA THOMPSON WANDAJOHNSON JONINEELY FRANKWHITMIRE CHARTER COMMISSION, CITY OF COLLEYVILLE, TEXAS. �•7 HOME RULE CHARTER forthe CITY OF COLLEYVILLE, TEXAS 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 W hitmire