HomeMy WebLinkAboutCharter as amended November 2016
CHARTER
of
Revised November 8, 2016
COLLEYVILLE CITY CHARTER
TABLE OF CONTENTS
Article Section Title Page
I Form of Government and Boundaries
1.01 Form of Government ..................................................1
1.02 Boundaries of the City ................................................1
1.03 Boundary Adjustment ................................................2
II Powers of the City
2.01 General Powers Adopted ............................................2
2.02 Eminent Domain........................................................3
2.03 Establishment and Control of Public Property ................3
2.04 Street Development and Improvements .......................3
III The Governing Body
3.01 Number, Selection, Term ............................................4
3.01A Limitations on Terms .................................................5
3.02 Qualifications ............................................................5
3.03 City Council to be the Judge of Election Qualification ......6
3.04 Compensation ...........................................................6
3.05 Vacancies .................................................................6
3.06 Mayor and Mayor Pro Tem ..........................................6
3.07 Powers of the City Council ..........................................7
3.08 Forfeiture of Elected Office .........................................7
3.09 Meetings and Rules of Procedure .................................8
3.10 Investigation by the City Council .................................9
3.11 Ordinances in General ................................................9
3.12 Emergency Ordinances ...............................................10
3.13 Resolutions ...............................................................10
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IV Elections
4.01 Laws Governing City Elections .....................................10
4.02 General Elections ......................................................10
4.03 Special Elections .......................................................11
4.04 Publishing City Elections .............................................11
4.05 Runoff Election ..........................................................11
4.06 Election by Majority ...................................................11
4.07 Public Disclosure .......................................................11
4.08 Oath of Office ...........................................................12
V Recall of Officers by the People
5.01 Scope of Recall .........................................................12
5.02 Petitions for Recall .....................................................12
5.03 Form of Recall Petition ...............................................13
5.04 Various Papers Constituting Petition .............................13
5.05 Presentation of Petition to the City Council ...................14
5.06 Public Hearing to be Held ...........................................14
5.07 Election to be Called ..................................................14
5.08 Ballots in Recall Election .............................................14
5.09 Result of Recall Election .............................................14
5.10 Recall, Restrictions Thereon ........................................15
5.11 Failure of City Council to Call an Election ......................15
VI Legislation by the People, Initiative and Referendum
6.01 General Power ..........................................................15
6.02 Initiative ..................................................................15
6.03 Referendum ..............................................................16
6.04 Voluntary Submission of Legislation by the City Council. 16
6.05 Form of Ballots ..........................................................17
6.06 Publication of Proposed and Referred Ordinance or
Resolution. ..................................................................... 17
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6.07 Adoption of Ordinances/Resolutions by
Referendum/Initiative. ................................................... 17
6.08 Inconsistent Ordinances or Resolutions ........................17
6.09 Ordinances/Resolutions Passed by Popular
Vote/Repeal/Amendment ...........................................17
6.10 Further Regulations by City Council .............................18
6.11 Franchise Ordinances .................................................18
6.12 Compelling Submission ..............................................18
VII Administrative Organization
7.01 City Manager ............................................................18
7.02 City Secretary ...........................................................20
7.03 Department of Police .................................................20
7.04 Fire Department ........................................................21
7.05 Department of Public Works ........................................21
7.06 Department of Finance ...............................................21
7.07 Other Departments, Boards and Commissions ...............22
VIII Legal and Judicial Services
8.01 Municipal Court .........................................................22
8.02 Judge of the Municipal Court .......................................22
8.03 Clerk of the Municipal Court ........................................22
8.04 City Attorney ............................................................23
IX Municipal Finance
9.01 Fiscal Year ................................................................23
9.02 Annual Budget ..........................................................23
9.03 Public Records ..........................................................26
9.04 Amendments after Adoption .......................................26
9.05 Lapse of Appropriations ..............................................27
9.06 Administration of Budget ............................................27
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9.07 Borrowing.................................................................28
9.08 Purchasing ...............................................................29
9.09 Specified Reserve Fund ..............................................29
X Taxation
10.01 Department of Taxation .............................................29
10.02 Power to Tax ............................................................29
10.03 Limitation on Tax Rate ...............................................30
10.04 Taxes - When Due and Payable ...................................30
10.05 Tax Liens..................................................................30
XI Planning and Zoning, Board of Adjustments
11.01 The Planning and Zoning Commission ..........................31
11.02 Powers and Duties .....................................................31
11.03 The Master Plan ........................................................32
11.04 Legal Effect of the Master Plan ....................................32
11.05 Zoning Board of Adjustment .......................................32
11.06 Separation of Planning and Zoning Commissions ...........32
XII Franchise, Public Utilities and Other Users of Public Property
12.01 Powers of the City……………………………………………………………. 33
12.02 Power to Grant Franchise…………………………………………………..33
12.03 Grant Not to be Exclusive………………………………………………….33
12.04 Transfer of Franchise…………………………………………………………33
12.05 Right of Regulation…………………………………………………………….34
12.06 Extensions………………………………………………………………………….34
12.07 Regulation of Rates……………………………………………………………35
12.08 Public Service Corporations to File Annual Reports…………..35
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12.09 Accounts of Municipally Owned Utilities…………………………….36
12.10 Sales of Municipal Services……………………………………………….36
12.11 Franchise Records………………………………………………………………36
XIII Transitional Provisions
Eliminated per the Charter Amendment Special Election
held on November 8, 2016 .........................................37
XIV General Provisions
14.01 Publicity of Records ...................................................37
14.02 Personal Financial Interest ..........................................37
14.03 Nepotism..................................................................39
14.04 Official Bond for City Employees ..................................39
14.05 Tort Liability .............................................................40
14.06 Severability Clause ....................................................40
14.07 Effect of Charter on Existing Laws ...............................40
14.08 Applicability of General Laws .......................................41
14.09 Property Not Exempt from Special Assessments ............41
14.10 Amending the Charter ................................................41
14.11 Judicial Notice ...........................................................41
14.12 Gender of Wording ....................................................41
Submission of Charter to Voters ..................................42
Charter Amendment Election – May 7, 2005 .................43
Charter Amendment Election – November 8, 2016.........44
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HOME RULE CHARTER
for the
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 fully the benefits of
local self-government, do hereby adopt this Home Rule
Charter in accordance with State law and do hereby declare
the residents of the City of Colleyville in Tarrant County,
Texas, living within the legally established boundaries of
said City, to be a political subdivision of said City, to be a
political subdivision of the State of Texas, incorporated
forever under the name and style of the "City of Colleyville"
with such powers, rights, authorities, privileges, obligations
and immunities as are herein provided.
ARTICLE I
FORM OF GOVERNMENT AND BOUNDARIES
Section 1.01 Form of Government:
The Municipal Government provided by this Charter shall be known as the "Council-
Manager Government". Pursuant to its provisions, and subject only to the limitations
imposed by the State Constitution, State law, and by this Charter, all powers of the
City Council shall be vested in an elective City Council, hereinafter referred to as the
"City Council". All powers of the City shall be exercised in the manner prescribed by
this Charter, or, if the manner be not prescribed, then in such manner as may be
prescribed by Ordinance, Resolution, the State Constitution, or by State law.
Section 1.02 Boundaries of the City:
The inhabitants of the City of Colleyville, Tarrant County, Texas, residing within its
corporate limits, as heretofore or hereafter established, are hereby constituted and
shall continue to be a municipal body politic and corporate, in perpetuity, under the
name of the "City of Colleyville", which boundaries are more fully set out and
described by metes and bounds. These are on file in the Office of City Secretary.
(Amended May 7, 2005)
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Section 1.03 Boundary Adjustment:
The City Council shall have the power by ordinance to fix the boundaries of the City
and to provide for the alteration or the extension of said boundaries, pursuant to
State law now or hereinafter enacted where the same is not inconsistent with State
law.
ARTICLE II
POWERS OF THE CITY
(Amended May 7, 2005)
Section 2.01 General Powers Adopted:
The City Council shall have the powers, functions, rights, privileges and immunities
of every name and nature that are now or hereafter may be granted to a Home Rule
City by the Constitution and State law, together with all implied powers necessary
to carry into execution all such powers granted.
Among such powers, the City Council shall have police powers, the power to adjust
boundaries, to contract and to co-operate with the government of any state or any
agency or subdivision thereof, or with the federal government or any agency thereof
to accomplish any lawful purpose. The City may use a corporate seal; may acquire
property within or without its corporate limits for any municipal purpose in fee
simple, or in any lease interest or estate by purchase, gift, devise, lease, exchange,
condemnation, and subject to the provisions of this Charter, may sell, lease
mortgage, hold, manage, improve, exchange and control property as may now or
hereafter be owned by it; may sue and be sued; may furnish municipal services,
both within and without its corporate limits; may implead and be impleaded in all
courts and places and in all matters whatever; may provide for the expenditure of
public funds for a retirement system, group health, life and accident insurance
coverage, and surety bonds for City employees or officers; may pass ordinances,
resolutions, and enact such regulations as may be expedient for the maintenance of
good government, order and peace of the City and the interest, welfare, health,
morals, comfort, safety, security and convenience of the City for its inhabitants
consistent with the provisions of this Charter.
The enumeration of particular powers of this Charter shall not be held or deemed
exclusive, but in addition to the powers enumerated herein or implied hereby or
appropriate to the exercise of such powers. The City Council shall have and may
exercise all powers of local self government and all powers which under the
Constitution and State law would be competent for this Charter to specifically
enumerate.
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Section 2.02 Eminent Domain:
The City shall have the full right, power and authority to exercise the power of
eminent domain when necessary or desirable to carry out any of the powers
conferred upon it by this Charter, or by the Constitution or State law. The power of
eminent domain hereby conferred shall include the right of the City to take the fee
title and easement interests in the lands so condemned and such power and
authority shall include the right to condemn, for any municipal or public purpose.
The City shall have the power through eminent domain proceedings to acquire any
public utility operating with or without a franchise, and furnishing a public service
to the citizens of Colleyville.
Section 2.03 Establishment and Control of Public Property:
The City of Colleyville shall have the power to lay out, establish, open, alter, widen,
lower, raise, extend, grade, abandon, discontinue, abolish, close, care for,
pave, 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, and the power to regulate, control and/or prohibit the moving of any type
of objects over, along, or upon, under or across streets, alleys, sidewalks, parks,
squares, public places and bridges, of every kind and character in such places and
at such time as public need shall dictate.
Section 2.04 Street Development and Improvements:
The City shall have the power to develop and improve, or cause to be developed
and improved, any and all public streets or ways within the corporate limits of the
City by laying out, opening, narrowing, widening, straightening, extending, lighting,
and establishing building lines along the same by purchasing, condemning, and
taking property therefore; by filling, grading, raising, lowering, paving, repaving and
repairing in a permanent manner, the same, and by constructing, reconstructing,
altering, repairing, and realigning curbs, gutters, drains, sidewalks, culverts and
other appurtenances and incidentals in connection with such development and
improvement authorized hereinabove, or any combination or parts thereof.
The cost of such development and improvement may be paid partly by
assessments levied as a lien against the property abutting thereon and against the
owners thereof, subject, however, to the limitations imposed by State law. Such
assessments may be levied in any amounts and under any procedures not prohibited
by State law, but such assessments may not be levied in excess of thirty-three and
one-third percent (33 1/3%) of the costs of such improvements for property
abutting one side of said street or public way, or sixty-six and two-thirds percent
(66 2/3%) of the cost of such improvements for property abutting both sides of said
street or way.
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In no case shall any property owner be assessed in excess of the cost of like
improvements or repairs for a two (2) lane Collector Street as defined by City
Ordinance. Provided, however, that whenever the City undertakes developing,
improving and paving of public streets, sidewalks, alleys, highways, and other public
ways within its corporate limits, the City shall not have the power and authority to
assess property abutting the streets to be developed, improved, or paved, without
the approval of sixty percent (60%) of the abutting property owners.
ARTICLE III
THE GOVERNING BODY
(Amended May 7, 2005)
Section 3.01 Number, Selection, Term:
The Legislature and Governing Body of the City shall consist of seven (7) members;
six (6) City Council Persons elected by place number and a Mayor, all members to
be elected from the City at large, and shall be known as the 'City Council of the City
of Colleyville’.
The Mayor and City Council Persons shall be elected under the general provisions
provided by Article IV of this Charter for three (3) year terms. The three (3) year
terms shall be staggered so that the Mayor and City Council Persons from Place 1
and 2 shall be elected year one (1), City Council Persons from Places 3 and 4 shall
be elected year two (2), and City Council Persons Place 5 and 6 shall be elected year
three (3). The Mayor and each of the City Council Persons, unless sooner removed
under the provisions of this Charter or State law, shall hold office until his successor
is elected and duly sworn.
Positions for members of the City Council shall be for Mayor and Places 1 through
6. Commencing with the regular municipal City Council election of 2006, positions
for Places 3 and 4 shall be elected for a term of two (2) years and City Council
Persons for Places 5 and 6 shall be elected for a term of three (3) years.
Commencing with the regular municipal election of 2007, positions for Mayor and
City Council Persons for Places 1 and 2 shall be elected for a term of three (3) years.
Commencing with the regular municipal election of 2008, City Council Persons for
Places 3 and 4 shall be elected for a three (3) year term. Thereafter, the Mayor and
each member of the City Council shall be elected for a three (3) year term.
Terms of office shall commence at the beginning of the first regular meeting of the
City Council following the canvass of the election as provided by Article 4. (Amended
May 7, 2005)
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Section 3.01A. Limitations on Terms
No person shall serve as Mayor for more than two (2) consecutive elected terms,
and no person shall serve as a Council Member for more than two (2) consecutive
elected terms. Under no circumstances may any person ever serve for more than
twelve (12) consecutive years in combination as a Council Member and Mayor. For
purposes of this Section 3.01A. and computing the limitations on terms:
(1) a Mayor or Council Member, who vacates, for any reason, the
office before the end of the term for which he was elected, shall
be considered to have completed that term.
(2) an appointment or election to fulfill an unexpired Council Member
term, or unexpired Mayor term if applicable, shall be computed as
follows:
i. if fifty percent (50%) or more of the term is remaining,
it shall be included in the computation of term limits; or
ii. if less than fifty percent (50%) of the term is remaining,
it shall not be included in the computation of term limits.
Any Council Member or Mayor, who is ineligible to run for elected City office due to
the limitations on terms as provided herein, shall remain ineligible to hold an elected
City office for a period of one (1) full term following the expiration of the most recent
term of City office for which he was elected with the exception of a Council Member
seeking the office of Mayor or the Mayor seeking the office of a Council Member.
The term that each person as Mayor or as a Council Member is currently filling, and
all terms consecutively served prior to that current term, shall be counted for
purposes of determining whether two (2) consecutive terms have been served.
This amendment shall become effective immediately upon adoption at the next
municipal election, shall apply to all persons currently occupying the Office of Mayor
or Council Member, and shall apply to all municipal elections conducted after the
date of adoption. (Amended November 8, 2016)
Section 3.02 Qualifications:
Each candidate for membership and each member of the City Council shall be and
remain:
(A) A resident of the City of Colleyville and shall have been a resident
for a period of not less than twelve (12) months immediately
preceding their election or a resident of any territory not formerly
within the corporate limits of the City but which is annexed under
the provisions of this Charter for twelve (12) months preceding
their election;
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(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 entitled
to actual and necessary expenses incurred in the performance of their specific official
duties of the office.
Section 3.05 Vacancies:
A single vacancy in the City Council shall be filled within thirty (30) days of the
occurrence of the vacancy by a majority vote of the remaining members of the City
Council by selection of a person qualified for the position as described in this Charter.
This appointee shall serve until the position can be filled at the next regular or special
City election as provided by law. However, if such vacancy occurs within one
hundred twenty (120) days of a regular election, then no election shall be called to
fill the vacancy, and the remaining City Council members shall appoint a qualified
person to fill the vacancy until the regular election.
Notwithstanding the requirement in Section 3.09 that a quorum of the City Council
consists of four (4) members, if at any time the membership of the City Council is
reduced to less than four (4), the remaining members may by majority action
appoint additional members to raise the membership to four (4). These appointees
shall serve until the positions can be filled at the next regular or special City election.
Section 3.06 Mayor and Mayor Pro Tem:
The Mayor shall preside at all meetings of the City Council and shall vote on all
issues. The Mayor, except as provided in 3.07, shall 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.
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The Mayor shall be recognized as the official agent of the City by the Court for the
purpose of serving civil process. (Amended May 7, 2005)
Immediately following the final swearing in of all members elected in accordance
with Section 4.02 of this Charter, the new City Council shall in its first regular
meeting, elect from among its members a Mayor Pro Tem who shall serve for the
term of one (1) year. (Amended April 7, 1984)
The Mayor Pro Tem shall, in the absence of the Mayor, preside at all meetings of the
City Council and shall vote on all issues before the City Council. The Mayor Pro Tem
shall perform all other duties of the Mayor during the absence or disability of the
Mayor. (Amended April 7, 1984)
In time of danger or emergency, the Mayor may take command of the Police and
govern the City by proclamation and maintain order and enforce all laws.
Section 3.07 Powers of the City Council:
All powers and authority granted to the City by the Constitution of the State of Texas
shall be vested in the City Council, except as otherwise provided by State law or this
Charter. The City Council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed upon the City by State law and
this Charter.
In addition to the provisions set forth in Section 3.06, the City Council shall have
the power to authorize the City Manager to sign a specific contract or expenditure;
provided, however, the City Manager shall not be authorized to sign any bonds
issued under any provisions of the Charter. (Amended May 7, 2005)
Section 3.08 Forfeiture of Elected Office:
(A) Except where authorized by State law, a Mayor or City Council Person shall:
(1) Resign their current office at the time of filing for any publicly
elected position if their term extends past the beginning of the
position sought; (Amended May 7, 2005)
(2) Not hold any compensated appointive City office or employment
with the City during the term for which elected; and
(3) Not hold any compensated appointive City Office or employment
with the City until one (1) year after the expiration of the term for
which elected.
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(B) Appointments and/or removals of City employees. The members of the City
Council shall in no way dictate the appointment or removal of any City
administrative officer or employee whom the City Manager or any of his
subordinates are empowered to appoint, unless otherwise provided in this
Charter. (Amended May 7, 2005)
(C) Interference with Administration. Except for the purpose of inquiries and
investigations by the direction of the City Council, unless provided
otherwise in this Charter, the City Council or its members shall deal with
City officers and employees who are subject to the direction and
supervision of the City Manager solely through the City Manager, and
neither the City Council nor its members shall give orders to any such
officer or employee, either publicly or privately, except in a state of
declared emergency.
(D) Admission of liability. Neither the City Council nor its members shall accept
or admit liability or pay any claim for damages asserted against the City
without first obtaining a written opinion from the City Attorney regarding
the City's liability therein.
Section 3.09 Meetings and Rules of Procedure:
(A) Meetings of City Council. City Council meetings shall be held at the City
Hall or such place within the City of Colleyville that the City Council shall
direct. The City Council shall meet regularly at least twice (2) in every
month at such times as a City Council may prescribe by rule. In the event
of a lack of a quorum at a regularly scheduled meeting, the meeting shall
be opened and the roll call taken, recorded and adjourned until the regular
or called special meeting. Special meetings may be held on the call of the
Mayor or four (4) members of the City Council at the place within the City
of Colleyville designated in the public notice. All meetings shall be held and
public notice thereof given as required by State law. (Amended May 7,
2005)
(B) Minutes and Rules. The City Council shall determine its own rules and order
of business, and shall provide for keeping minutes of its proceedings and
post copy on the City Bulletin Board until the next meeting. The minutes
shall be a public record.
(C) Quorum and Voting. Four (4) voting members of the City Council shall
constitute a quorum. Voting, except on procedural motions, and
nominations to City Boards, Committees, and Commissions shall be by roll
call and the "ayes" and "nays" shall be recorded in the minutes. The Mayor
and every City Council Person shall vote on all issues unless there is a
declared and recorded statutory conflict of interest.
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If because of a statutory conflict of interest a member steps down and
remains in the Chamber to return after the item is resolved, then a quorum
will be considered in attendance even though only three (3) City Council
Persons are left to vote. However, no action shall be approved with less
than four (4) affirmative votes. If during the course of a meeting a quorum
ceases to exist, the meeting shall be deemed adjourned and no further
business shall be conducted. The roll call may be conducted electronically.
(Amended May 7, 2005) (Amended November 8, 2016)
Section 3.10 Investigation by the City Council:
The City Council, by majority vote, shall have authority to inquire into the conduct
of any office, department, agency, City Council member, officer or employee of the
City, and to make investigations as to municipal affairs, and for that purpose the
City Council shall have the power to authorize the Mayor to subpoena witnesses,
administer oaths, and compel production of books, documents, or other evidence.
Failure to obey such subpoena or produce books, documents, or other tangible
evidence as ordered under the provisions of this Section shall constitute cause for
removal from office. (Amended May 7, 2005)
Section 3.11 Ordinances in General:
The City Council shall legislate by ordinance, and the enacting clause of every
ordinance shall be, "Be it ordained by the City Council of the City of Colleyville." The
City Attorney shall approve as to legality prior to final action by the City Council.
Every ordinance enacted by the City Council shall be signed by the Mayor or Mayor
Pro Tem in the Mayor's absence, and shall be filed with and recorded by the City
Secretary. All ordinances exclusive of emergency ordinances as defined by Section
3.12, shall be read in open meeting of the City Council at two (2) consecutive regular
City Council meetings. The caption only of each proposed ordinance shall be read at
the first and second reading, provided, that upon the request of any three (3)
members of the City Council, the ordinance shall be read in its entirety on either the
first or second reading, and further provided, however, that neither metes and
bounds descriptions nor national, state, industrial, or uniform codes or manuals shall
be read. Tabled ordinances shall be read after being removed from the table. Each
reading of a proposed or tabled ordinance shall be followed by a public hearing. No
final vote of approval or disapproval shall be taken by the City Council until after the
second reading and public hearing on each ordinance. The captions of all proposed
ordinances shall be posted upon a bulletin board at City Hall established for the
purpose of giving notice of City Council meetings not less than seventy-two (72)
hours prior to the meeting at which such ordinances are read. (Amended November
7, 1995)
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Section 3.12 Emergency Ordinances:
The City Council may adopt emergency ordinances only to meet public emergencies
affecting life, health, property, or the public peace. In particular such ordinances
shall not levy taxes, grant or renew or extend a franchise, or attempt to regulate
the rate charged by any public utility for its services. An emergency ordinance shall
be introduced in the form and manner generally prescribed for ordinances, except
that it shall be plainly designated in the title as an emergency ordinance and shall
contain after the enacting clause, a declaration stating that an emergency exists
and describing it in clear and specific terms. An emergency ordinance can be
adopted with or without amendment or rejected at the meeting at which it is
introduced. The affirmative vote of a majority of four (4) or more members the City
Council shall be required for adoption. After adoption, the ordinance shall be
published as required for other adopted ordinances. Every emergency ordinance so
adopted, shall automatically stand repealed as of the sixty-first (61) day following
the day on which it became effective, but this shall not prevent re-enactment of the
emergency ordinance or as an ordinance in general under Section 3.11. (Amended
May 7, 2005)
Section 3.13 Resolutions:
Any official action of the City Council not authorized by ordinance shall be authorized
by resolution. All resolutions shall be read in open meeting of the City Council and
shall be followed by public hearing. (Amended April 7, 1984)
ARTICLE IV
ELECTIONS
Section 4.01 Laws Governing City Elections:
All City elections shall be governed, except as otherwise provided by this Charter,
by State law governing general and municipal elections, so far as State law may be
applicable thereto. In the event there should be any failure of State law of Texas or
this Charter to provide for some feature of the City elections, the City Council shall
have the power to provide for or correct such deficiency. If the election is conducted
fairly and in substantial compliance with State law, and the Charter and ordinances
of the City, the election shall not be invalidated. (Amended May 7, 2005)
Section 4.02 General Elections:
The regular City elections shall be held annually on the first Saturday in May, unless
specifically required to be held on another day pursuant to State law, at which time
officers shall be elected to fill those offices as required by this Charter. The same
shall be conducted and the results canvassed and announced in accordance with
State law regulating all municipal elections and in accordance with the ordinances
and resolutions adopted by the City Council for the conduct of elections. (Amended
May 7, 2005)
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Section 4.03 Special Elections:
The City Council may by ordinance or resolution call such Special Elections as are
authorized by State law or by this Charter, fix the date and place of holding same,
and provide all means for holding such Special Election.
Section 4.04 Publishing City Elections:
It is the responsibility of the City Council to inform the registered voters of the City
as to the time, place, date and purpose of any forthcoming City election, and the
City Council shall establish such rules and procedures, in addition to those required
by State law, to adequately inform the qualified voters of the City.
Section 4.05 Run-Off Election:
In the event that no candidate for a designated office received a majority of all votes
cast for that position in the regular or special election, a run off election shall be
held as required by 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)
(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 than two percent (2%) of the outstanding equity interest
or more than two percent (2%) of the assets. (Amended January 18, 1992)
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Section 4.08 Oath of Office:
Every officer of the City, whether elected or appointed, shall, within thirty (30) days
of his election or appointment, take and subscribe to the following applicable oath
or affirmation to be filed and kept in the office of the City Secretary.
(A) For elected officers. "I _______, do solemnly swear (or affirm) that I will
faithfully execute the duties of __________, of the City of Colleyville, State
of Texas, and will to the best of my ability preserve, protect, and defend
the Constitution and Laws of the United States of America and of this State
and the Charter, Ordinances and Resolutions of this City. I furthermore
solemnly swear (or affirm) that I have not directly nor indirectly paid,
offered, or promised to pay, contributed, nor promised to contribute any
money or valuable thing, or promised any public office or employment, as
a reward for the giving or withholding of a vote at the election at which I
was elected. So help me God." (Amended May 7, 2005)
(B) For appointed officers. "I ________, do solemnly swear (or affirm) that I
will faithfully execute the duties of ________, of the City of Colleyville,
State of Texas, and will to the best of my ability preserve, protect, and
defend the Constitution and Laws of the United States of America and of
this State and the Charter, Ordinances and Resolutions of this City. I
furthermore solemnly swear (or affirm) that I have not directly nor
indirectly paid, offered, or promised to pay, contributed, nor promised to
contribute any money or valuable thing, or promised any public office or
employment, as a reward to secure my appointment or the confirmation
thereof. So help me God. (Amended May 7, 2005)
ARTICLE V
RECALL OF OFFICERS BY THE PEOPLE
Section 5.01 Scope of Recall:
All members of the City Council shall be subject to recall and removal from office by
the qualified voters of the city. (Amended May 7, 2005)
Section 5.02 Petitions for Recall:
Before the question of recall of such officer shall be submitted to the qualified voters
of the City, a petition demanding such question to be submitted, shall first be signed
by the qualified voters of the City equal in number to at least thirty percent (30%)
of the number of votes cast in the last regular municipal election of the City, and in
no event less than five hundred (500) such petitioners. Each signer of such recall
petition shall personally sign their name thereto in ink or indelible pencil, using their
normal signature.
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In addition, each signer shall print their name, street address of their residence in
Colleyville, voter registration certification number and the day, month and year that
their signature was affixed to the recall petition. (Amended May 7, 2005)
Section 5.03 Form of Recall Petition:
The recall petition mentioned above must be addressed to the City Council of the
City of Colleyville, must distinctly and specifically point out the ground or grounds
upon which such petition for removal is predicated, and if there be more than one
(1) ground, such as for incompetence, misconduct, or malfeasance in office, shall
specifically state each ground with such certainty as to give the officer sought to be
removed, notice of the matters and things with which he is charged.
The signature shall be verified by oath in the following form:
STATE OF TEXAS
COUNTY OF TARRANT
______________, being first duly sworn, on oath deposes and says that I am one
(1) of the signers of the above petition and that the statements made therein are
true, and that each signature appearing thereto was made in my presence on the
day and date it purports to have been made, and I solemnly swear that the same is
the genuine signature of the person whose name it purports to be.
_______________________________
SWORN AND SUBSCRIBED TO before me this ______ day of ___________, 20 __.
___________________________________
Notary Public in and for
The State of Texas
Section 5.04 Various Papers Constituting Petition:
Within ten (10) days from the filing of such petition, the City Secretary shall examine
the same and from the list of qualified voters ascertain whether or not said petition
is signed by the requisite number of qualified voters, and, if necessary, the City
Council shall allow him extra help for that purpose, and he shall attach to said
petition a certificate showing the result of such examination. If by the City
Secretary's certificate the petition is shown to be insufficient, it may be amended
within ten (10) days from the date of said certificate. The City Secretary shall, within
ten (10) days after such amendment is filed, in case one (1) is filed with him, make
a like examination of said amended petition, and if his certificate shall show the
same to be insufficient, it shall be returned to the person filing same without
prejudice, however, to the filing of a new petition based upon new and different
grounds, and not upon the same grounds. (Amended April 7, 1984)
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Section 5.05 Presentation of Petition to the City Council:
Within fifteen (15) days after the date of filing of the papers constituting the recall
petition, the person performing the duties of the City Secretary shall present such
petition to the City Council of the City of Colleyville at a special meeting called for
this purpose, or at the next regular meeting of the City Council. (Amended April 7,
1984)
Section 5.06 Public Hearing to be Held:
The officer whose removal is sought may, within five (5) days after such recall
petition has been presented to the City Council, request that a public hearing be
held to permit him to present facts pertinent to the charges specified in the recall
petition. In this event, the City Council shall order such public hearing to be held
not less than ten (10) days nor more than twenty (20) days after receiving such
request for a public hearing.
Section 5.07 Election to be Called:
If an officer whose removal is sought does not resign, the City Council shall order
an election and fix a date for holding such recall election within thirty (30) days of
the date of the petition; provided, however, if an election cannot be called within
said thirty (30) day period, then the date of the election shall be the first date an
election may be called under State law. (Amended January 18, 1992)
Section 5.08 Ballots in Recall Election:
Ballots used at recall elections shall conform to the following requirements:
(A) With respect to each person whose removal is sought, the question shall
be submitted: "Shall (name of person) be removed from the office of (name
of office) by recall?"
(B) Immediately below each such question there shall be printed the following
words, one (1) above the other, in the order indicated:
______FOR the recall of (name of person).
______AGAINST the recall of (name of person).
Section 5.09 Result of Recall Election:
If the majority of the votes cast at a recall election shall be against the recall of the
person named on the ballot, he shall continue in office for the remainder of his
unexpired term, subject to recall as specified in this Charter. If a majority of the
votes cast at such election be for the recall of the person named on the ballot, he
shall, regardless of any technical defects in the recall petition, be deemed removed
from office and the vacancy shall be filled as provided in Section 3.05 of this Charter.
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Section 5.10 Recall, Restrictions Thereon:
No recall petition shall be filed against any officer of the City within six (6) months
after his election, nor within six (6) months after an election for such officer's recall.
Nothing herein shall prevent impeachment of an officer of the City nor removal for
other causes as provided for herein.
Section 5.11 Failure of City Council to Call an Election:
In case all of the requirements of this Charter shall have been met and the City
Council shall fail or refuse to receive the recall petition, or order such recall election,
or discharge other duties imposed upon said City Council by the provisions of this
Charter with reference to such recall, then the County Judge of Tarrant County,
Texas, may discharge any such duties herein provided to be discharged by the City
Secretary or by the City Council.
ARTICLE VI
LEGISLATION BY THE PEOPLE, INITIATIVE AND REFERENDUM
Section 6.01 General Power:
The qualified voters of the City of Colleyville, in addition to the method of legislation
hereinbefore provided, shall have the power of direct legislation by the initiative and
referendum.
Section 6.02 Initiative:
The people of the City of Colleyville reserve the power of direct legislation by
initiative, and in exercise of such power may initiate legislation by submitting a
petition addressed to the City Council, which requests the submission of a
proposed ordinance or resolution to a vote of the qualified voters of the City. Said
petition must be signed by qualified voters of the City equal in number to at least
forty percent (40%) of the number of votes cast at the last regular municipal election
of the City, but in no event less than five hundred (500) such petitioners. Each copy
of the petition shall have attached to it a copy of the proposed legislation. The
petition shall be signed in the same manner as recall petitions are signed as provided
in Section 5.02 of this Charter, and shall be verified by oath in the manner and form
provided by recall petitions in Section 5.03 of this Charter. The petition may consist
of one (1) or more copies as permitted for recall petitions in Section 5.04 of this
Charter. Such petition shall be filed with the person performing the duties of the
City Secretary and must be certified as required by Section 5.04 of this Charter. At
the next regular City Council meeting after the filing of such a petition, the person
performing the duties of City Secretary shall present said petition and proposed
ordinance or resolution to the City Council.
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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)
Section 6.03 Referendum:
Qualified voters of the City may require that any ordinance or resolution, with the
exception of ordinances or resolutions authorizing the issuance of either tax bonds
or revenue bonds, whether original or refunding, passed by the City Council be
submitted to the voters of the City for approval or disapproval, by submitting a
petition for this purpose within ninety (90) days after final passage of said ordinance
or resolution, or within ninety (90) days after its publication. Said petition shall be
addressed, prepared, signed, and verified as required for petitions initiating
legislation as provided in Section 6.02 of this Charter, and shall be submitted to the
person performing the duties of City Secretary. Immediately upon the filing of such
petition, the person performing the duties of City Secretary shall present said
petition to the City Council. Thereupon the City Council shall immediately reconsider
such ordinance or resolution, and if it does not entirely repeal the same, shall submit
it to popular vote as provided in Section 6.02 of this Charter. Pending the holding of
such election, such ordinance or resolution shall be suspended from taking effect
and shall not later take effect unless a majority of the qualified voters voting thereon
at such election shall vote in favor thereon.
Should the popular vote be to uphold the ordinance or resolution, no other
referendum election may be held on the same and/or similar ordinance or resolution
within six (6) months. But should the same and/or similar ordinance or resolution
be passed by the City Council after invalidation by popular vote, a referendum
petition may be filed again as outlined in Article VI of this Charter.
Section 6.04 Voluntary Submission of Legislation by the City Council:
The City Council, upon its own motion and by a majority vote of its members, may
submit to popular vote at any election for adoption or rejection any proposed
ordinance or resolution or measure, in the same manner and with the same force
and effect as provided in this Article for submission on petition, and may in its
discretion call a special election as provided by State law for this purpose.
16
Section 6.05 Form of Ballots:
The ballots used when voting upon such proposed and referred ordinances,
resolutions or measures, shall set forth their nature sufficiently to identify them and
shall also set forth upon separate lines the words:
"FOR THE ORDINANCE" and
"AGAINST THE ORDINANCE", or
"FOR THE RESOLUTION" and
"AGAINST THE RESOLUTION".
Section 6.06 Publication of Proposed and Referred Ordinance or Resolution:
The person performing the duties of City Secretary shall publish at least once in the
official newspaper of the City, the notice of special referendum election and the
preamble of proposed or referred ordinance or resolution, and shall give such other
notices and do such other things relative to such election as are required in general
municipal elections or by the ordinance or resolution calling said election.
Section 6.07 Adoption of Ordinances or Resolutions by Referendum or
Initiative:
If a majority of the qualified voters voting on a proposed ordinance or resolution or
measure shall vote in favor thereof, it shall thereupon, or at any time fixed therein,
become effective. No signature of the Mayor shall be required. (Amended May 7,
2005)
Section 6.08 Inconsistent Ordinances or Resolutions:
If the provisions of two (2) or more proposed ordinances or resolutions approved at
the same election are inconsistent, the ordinance or resolution receiving the highest
number votes shall prevail.
Section 6.09 Ordinances or Resolutions Passed by Popular Vote, Repeal
or Amendment:
No ordinance or resolution which may have been passed by the City Council upon
petition or as a result of a popular vote under the provisions of this article shall be
repealed or amended for a period of five (5) years, unless there is included in such
ordinance or resolution a clause which establishes a lesser period of time in which
said ordinance or resolution shall not be repealed or amended, or unless said
ordinance or resolution is repealed or amended upon referendum vote or by
submission as provided in Section 6.02 of this Charter. (Amended April 7, 1979)
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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)
ARTICLE VII
ADMINISTRATIVE ORGANIZATION
Section 7.01 City Manager:
(A) Appointment and Qualifications. The City Council by a vote of not less than
four (4) members shall appoint the City Manager for an indefinite term and
fix the Manager's compensation. The City Manager shall be appointed solely
on the basis of executive and administrative qualifications. The City
Manager need not be a resident of the City or State at the time of
appointment. The City Manager may not reside outside the City while in
office without the approval of the City Council. (Amended January 18,
1992)
(B) Removal. The City Manager may be removed from office by a vote of not
less than four (4) members of the City Council. The Mayor shall be entitled
to vote on the removal of the City Manager. (Amended January 18, 1992)
(C) Acting City Manager. By a letter filed with the City Secretary, the City
Manager may designate a City officer or employee to exercise the powers
and perform the duties of the City Manager during the City Manager's
temporary absence or disability. The City Council may revoke the City
Manager's designation and may appoint an officer or employee of the City
to serve during the City Manager's absence or disability. (Amended January
18, 1992)
18
(D) Powers and Duties of the City Manager. The City Manager shall be the chief
administrative officer of the City, responsible to the City Council for the
administration of all City affairs placed in the City Manager's charge by or
under this Charter. The City Manager shall:
(1) Appoint, suspend or remove all City employees and appointed
administrative officers in accordance with the provisions of State law,
this Charter and the ordinances of the City. The City Manager may
delegate to an administrative officer, subject to the City Manager's
direction and supervision, the authority to exercise the power to
appoint, suspend or remove employees working under the
administrative officer;
(2) Direct and supervise the administration of all departments, as
otherwise provided by this Charter;
(3) Attend all City Council meetings, and participate in the discussion to
the extent required by the City Council;
(4) Provide for the faithful execution and enforcement of all laws, this
Charter, and acts of the City Council;
(5) Prepare and submit the annual budget and capital program to the
City Council;
(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)
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Section 7.02 City Secretary:
The City Manager, with the approval of City Council, shall appoint a qualified
individual to fill the position of City Secretary, for an indefinite term. 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) (Amended
November 8, 2016)
(A) Give notice of and attend all official public meetings of the City Council;
(B) Record the minutes and proceedings of all official public meetings of the
City Council; provided, however, that only the title and caption of duly
enacted ordinances shall be recorded in the minutes;
(C) Act as custodian of all official records of the City Council;
(D) Hold and maintain the Seal of the City and affix this Seal to all appropriate
documents;
(E) Authenticate by signature and Seal, and record in a book kept and indexed
for the purpose, all ordinances and resolutions of the City; and
(F) Perform such other duties as may be required by the City Manager, the
City Council, this Charter, or by State law and not inconsistent with other
provisions of this Charter.
Section 7.03 Department of Police:
There shall be established and maintained a Department of Police to preserve order
within the City and to secure the residents of said City from violence and the
property therein from injury or loss.
(A) Chief of Police. The Chief of Police shall be the chief administrative officer
of the Department of Police. He shall appoint and remove the employees
of said department and shall perform such duties as may be required of
him by the City Manager. The Chief of Police shall be appointed by the City
Manager, with the approval of City Council, for an indefinite term. The Chief
of Police shall be fully responsible to the City Manager for the administration
of his Department, and for the carrying out and enforcement of the
resolutions and ordinances of the City Council. He may be removed from
office by said City Manager. (Amended May 7, 2005) (Amended November
8, 2016)
(B) Special Police and Reserve Police. No person, except as authorized by
general law, by this Charter, or by the ordinances passed pursuant hereto,
shall act as a special police officer or reserve police officer. No person
holding an elective office may act as a reserve police officer. (Amended
April 7, 1984)
20
Section 7.04 Fire Department:
There shall be established and maintained a Fire Department to provide means for
protection against conflagrations and other disasters and to provide for the
maintenance, support, and regulation of a Fire Department and for the guarding
against fires.
(A) Fire Chief. The Fire Chief shall be the chief administrative officer of the Fire
Department. He shall appoint and remove the employees of said
department and shall perform such duties as may be required by the City
Manager. The Fire Chief shall be appointed by the City Manager, with the
approval of City Council, for an indefinite term. The Fire Chief shall be fully
responsible to the City Manager for the administration of his department,
and for the carrying out and enforcement of the resolutions and ordinances
of the City Council. He may be removed from office by said City Manager.
(Amended May 7, 2005) (Amended November 8, 2016)
(B) Volunteer Fire Department. Authority is hereby granted to maintain a
Volunteer Fire Department. No person holding an elective office may serve
as a volunteer fireman. (Amended April 7, 1984)
Section 7.05 Department of Public Works:
There shall be established and maintained a Department of Public Works to provide
and maintain water and sewer services and such other duties as the City Council
may direct.
The Director of Public Works shall be the chief administrative officer of the
Department of Public Works. He shall appoint and remove the employees of said
department and shall perform such duties as may be required of him by the City
Manager. The Director of Public Works shall be appointed by the City Manager, with
the approval of City Council, for an indefinite term. The Director of Public Works
shall be fully responsible to the City Manager for the administration of his
Department, and for the carrying out and enforcement of the resolutions and
ordinances of the City Council. He may be removed from Office by said City Manager.
(Amended May 7, 2005) (Amended November 8, 2016)
Section 7.06 Department of Finance:
There shall be a Department of Finance headed by the City Manager or his
appointee, with the approval of City Council, for an indefinite term. The City Manager
may appoint a deputy director of finance who may be the City Collector of Taxes.
(Amended May 7, 2005) (Amended November 8, 2016)
21
Section 7.07 Other Departments, Boards and Commissions:
The City Council may abolish or consolidate any office or department except those
created by this Charter. The City Council may divide the administration of any such
departments as it may deem advisable and may create new departments.
The City Council shall create, establish, or appoint, as may be required by State law,
circumstances, or this Charter, those Boards, Commissions, and Committees which
are deemed necessary to carry out the functions and obligations of the City. The
City Council shall prescribe accountability and tenure of each Board, Commission,
and Committee where such are not prescribed by State law or this Charter.
ARTICLE VIII
LEGAL AND JUDICIAL SERVICES
Section 8.01 Municipal Court:
There shall be established and maintained a court designated as a "Municipal Court
in the City of Colleyville", for the trial of misdemeanor offenses, with all such powers
and duties as are now or hereafter may be prescribed by State law relative to
municipal courts. All fines imposed by said court shall be paid into the City Treasury
for the use and benefit of the City.
Section 8.02 Judge of the Municipal Court:
The Judge of the Municipal Court shall be appointed by the City Council to serve at
the discretion of the City Council. He shall be an attorney licensed and practicing in
the State of Texas, and shall receive such salary as may be fixed by the City Council.
In case of the disability or absence of the Judge of the Municipal Court, the City
Council shall appoint a qualified person to act in his place.
Section 8.03 Clerk of the Municipal Court:
There shall be a clerk of the Municipal Court to be appointed by the City Manager.
The clerk of the court and deputies shall have the power to administer oaths and
affidavits, make certificates, affix the seal of the court, and generally do and perform
any and all acts as usual and necessary to be performed by the clerks of courts in
issuing process of said courts and conducting the business thereof. (Amended May
7, 2005)
22
Section 8.04 City Attorney: (Amended May 7, 2005)
The City Council shall appoint a competent and duly licensed attorney practicing law
in the State of Texas, who shall be the Attorney for the City (and may also be
referred to as City Attorney). He shall receive for his services such compensation as
may be fixed by the City Council and shall hold his office at the pleasure of the City
Council. The City Council may contract with an attorney or with a firm of attorneys
who may designate one (1) member of said firm, with City Council approval, to
serve as City Attorney. The City Attorney, or such other attorneys selected by him
with the approval of the City Council, may represent the City in litigation. The City
Council shall have the right to retain special counsel at 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 all meetings as deemed
necessary by the City Council.
The City Attorney shall review and concur or dissent upon all documents, contracts,
and legal instruments in which the City may have an interest.
The City Attorney shall perform other duties prescribed by this Charter, ordinance,
or as directed by the City Council.
ARTICLE IX
MUNICIPAL FINANCE
Section 9.01 Fiscal Year:
The fiscal year of the City shall begin on the first day of October and end the last
day of September of each calendar year. Such fiscal year shall also constitute the
Budget and Accounting Year.
Section 9.02 Annual Budget:
(A) Content. The budget shall provide a complete financial plan of all City funds
and activities and, except as required by State law or this Charter, shall be in
such form as the City Manager deems desirable or the City Council may
require. A budget message explaining the budget both in fiscal terms and in
terms of the work programs shall be submitted with the budget. It shall outline
the proposed financial policies of the City for the ensuing fiscal year, describe
the important features of the budget, indicate any major changes from the
current year in financial policies, expenditures, and revenues, with reason for
such changes. It shall also summarize the City's debt position and include such
other material as the City Manager deems advisable.
23
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 an estimated income and expenditures of the preceding fiscal
year, compared to the estimate for the budgeted year. It shall include in
separate sections:
1. An itemized estimate of the expense of conducting each
department, division and office.
2. Reasons for proposed increases or decreases of such items of
expenditure compared with the current fiscal year.
3. A separate schedule for each department, indicating tasks to be
accomplished by the department during the year, and additional
desirable tasks to be accomplished if possible.
4. A statement of the total probable income of the City from taxes
for the period covered by the estimate.
5. Tax levies, rates, and collections for the preceding five (5) years.
6. An itemization of all anticipated revenue from sources other than
the tax levy.
7. The amount required for interest on the City's debts, for sinking
fund and for maturing serial bonds.
8. The total amount of outstanding City debt, with a schedule of
maturities on bond issues.
9. Such other information as may be required by the City Council.
10. Anticipated net surplus or deficit for the ensuing fiscal year of each
utility owned or operated by the City and the proposed method of
its disposition; subsidiary budgets for each utility giving detailed
income and expenditure information shall be attached as
appendices to the budget.
11. A Capital Program, which may be revised and extended each year
to indicate capital improvements pending or in process of
construction or acquisition, and shall include the following items:
a. A summary of proposed programs;
24
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
facilities to be constructed or acquired.
e. A statement indicating the relationship to, and whether each
such improvement is considered with the Master Plan.
(Amended November 7, 1995)
(B) Submission: The City Manager shall submit to the City Council a proposed
budget and accompanying message. The City Council shall review the
proposed budget and revise as deemed appropriate prior to general
circulation for public hearings. (Amended April 7, 1979)
(C) Public Notice and Hearing: The City Council shall post in the City Hall and
publish in the official newspaper not more than fourteen (14) days prior to
each public hearing on the budget a notice stating the time and place where
copies of the message and budget are available for inspection by the public,
and the time and place of each public hearing on the budget. The City
Council may consider, holding public hearings and adopt the budget at
regular meetings called by the City Council for that purpose,
notwithstanding the provisions of Section 3.11 of this Charter requiring
action at two (2) consecutive regular City Council meetings. (Amended
April 7, 1979)
(D) Amendment before Adoption: After the public hearings, the City Council
may adopt the budget with or without amendment. In amending the
budget, it may add or increase programs or amounts and may delete or
decrease any programs or amounts, except expenditures required by law
or for debt service or for estimated cash deficit, provided that no
amendment to the budget shall increase the authorized expenditures to an
amount greater that the total of estimated income plus funds available from
prior years.
(E) Adoption: The City Council shall adopt the budget by ordinance not later
than the second regular City Council meeting in September of the current
fiscal year. Adoption of the budget will require an affirmative vote of at
least a majority of all of the members of the City Council. Adoption of the
budget shall constitute appropriations of the amount specified therein as
expenditures from the fund indicated, and shall constitute a levy of the
property tax therein proposed. (Amended May 7, 2005)
25
(F) Failure: If the City Council fails to adopt the budget by the second regular
City Council meeting in September of the current fiscal year, the amounts
appropriated for the current fiscal year shall be deemed adopted for the
ensuing fiscal year on a month to month basis with all items in it pro-rated
accordingly until such time as the City Council adopts a budget for the
ensuing fiscal year. The levy of property tax normally approved as a part
of the budget adoption will be set to equal the total current fiscal year
receipts, unless the ensuing fiscal year budget is approved by the second
regular City Council meeting in September of the current fiscal year.
(Amended May 7, 2005)
Section 9.03 Public Records:
Copies of the approved budget, capital improvement program, and supporting
papers shall be filed with the City Secretary and shall be public records available to
the public upon request.
Section 9.04 Amendments after Adoption:
(A) Supplemental Appropriations. If during the fiscal year the City Manager
certifies that there are available for appropriation revenues in excess of
those estimated in the budget, the City Council may, by Ordinance, make
supplemental appropriations to retire indebtedness or to fund emergency
appropriations as described in Section 9.04 in this Charter. (Amended May
7, 2005)
(B) Emergency Appropriations. To meet a public emergency created by a
natural disaster or man-made calamity affecting life, health, property, or
the public peace, the City Council may make emergency appropriations.
Such appropriations may be made by emergency ordinance in accordance
with the provisions of this Charter. To the extent that there are no available
unappropriated revenues to meet such appropriations, the City Council
may by such emergency ordinance authorize the issuance of emergency
notes, which may be renewed from time to time.
(C) Reduction of Appropriations. If at any time during the fiscal year it appears
probable to the City Manager that the revenues available will be insufficient
to meet the amount appropriated, he shall report to the City Council
without delay, indicating the estimated amount of the deficit, any remedial
actions taken by him and his recommendations as to any other steps to be
taken. The City Council shall then take such further action as it deems
necessary to prevent or minimize any deficit and for that purpose it may
by ordinance reduce one (1) or more appropriations.
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(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.
Section 9.05 Lapse of Appropriations:
Every appropriation, (except an appropriation for a capital expenditure), shall lapse
at the close of the fiscal year to the extent that it has not been expended or
encumbered. An appropriation for a capital expenditure shall continue in force until
the purpose for which it was made has been accomplished or abandoned; the
purpose of any such appropriation shall be deemed abandoned if three (3) years
pass without any disbursement from or encumbrance of the appropriation.
Section 9.06 Administration of Budget:
(A) Payments and Obligations Prohibited. No payment shall be made or
obligation incurred against any allotment or appropriation except in
accordance with appropriations duly made and unless the City Manager or
his designee first certifies that there is a sufficient unencumbered balance
in such allotment or appropriations and that sufficient funds therefrom are
or will be available to cover the claim or meet the obligation when it
becomes due and payable. Any authorization of payment or incurring of
obligation in violation of the provisions of this Charter shall be void and any
payment so made illegal. Such action shall be cause for removal of any
officer who knowingly authorized or made such payment or incurred such
obligations, and he shall also be liable to the City for any amount so paid.
However, this prohibition shall not be construed to prevent the making or
authorizing of payments or making of contracts for capital improvements
to be financed wholly or partly by the issuance of bonds, time warrants,
certificates of indebtedness, or certificates of obligation, or to prevent the
making of any contract or lease providing for payments beyond the end of
the fiscal year, provided that such action is made or approved by ordinance.
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(B) Financial Reports. The City Manager shall submit to the City Council at its
second formal meeting each month the financial condition of the City by
budget items, budget estimates versus accruals for the preceding month
and for the fiscal year to date. Such records are to be made public by the
City Council during open meeting. The financial records of the City will be
maintained in accordance with accepted principles recommended by the
American Institute of Certified Public Accountants and by the National
Committee on Governmental Accounting. (Amended April 7, 1979)
(C) Independent Audit. At the close of each fiscal year, and at such times as it
may be deemed necessary, the City Council shall cause an independent
audit to be made of all accounts of the City by a certified public accountant.
Upon completion of the audit, the results thereof in a summary form shall
be placed on file in the City Secretary's office as a public record.
Section 9.07 Borrowing:
The City Council shall have the power, except as prohibited by law, to borrow money
by whatever method it may deem to be in the public interest.
(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.
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(D) Borrowing in Anticipation of Property Tax. In any Budget year, the City
Council may, by resolution, authorize the borrowing of money in
anticipation of the collection of the property tax for the same year whether
levied or to be levied. Notes may be issued for periods not exceeding one
(1) year and must be retired by the end of the budget year in which issued.
(E) Use of Bond Funds. Any and all bond funds approved by a vote of the
citizens of Colleyville will be expended only for the purposes stated in the
bond issue.
(F) Certificates of Obligation. All certificates of obligation issued by the City
shall be approved by ordinance and issued in accordance with State law.
Section 9.08 Purchasing:
The City Council may confer upon the City Manager general authority to contract for
expenditures without further approval of the City Council for all budgeted items not
exceeding limits set by the City 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.
ARTICLE X
TAXATION
Section 10.01 Department of Taxation:
At the discretion of the City Council, there shall be established a Department of
Taxation to assess and collect taxes, the head of which shall be the City Collector
which office shall be filled by appointment by the City Manager for an indefinite
term. The Collector shall give a surety bond for faithful performance of his duties,
including compliance with all controlling provisions of the State law bearing upon
the functions of his office, in a sum which shall be fixed by the City Council at not
less than one hundred thousand dollars ($100,000). (Amended May 7, 2005)
Section 10.02 Power to Tax:
The City Council of the City shall have the power, and is hereby authorized to levy,
assess and collect, not to exceed the maximum limits set by the Constitution and
State law, on each one hundred dollar ($100.00) assessed valuation of all property
having a situs within the corporate limits of the City and not exempt from taxation
by the Constitution and State law.
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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 obligation to pay such current or past due taxes as shown to be
payable by recheck of the rolls and receipt for the years in question. (Amended May
7, 2005)
Section 10.05 Tax Liens:
The tax levied by the City is hereby declared to be a lien, charge, or encumbrance
upon the property as of January 1st of any year, upon which the tax is due, which
lien, charge or encumbrance the City is entitled to enforce and foreclose in any court
having jurisdiction over the same, and the lien, charge or encumbrance on the
property is such as to give the State Courts jurisdiction to enforce and foreclose said
lien on the property on which the tax is due, not only as against any resident of this
State or person whose residence is unknown, but as against non-residents. All taxes
upon real estate shall especially be a lien and a charge upon the property upon
which the taxes are due, and such lien may be foreclosed in any court having
jurisdiction. Such lien shall be entitled to that priority as allowed by State law. In
addition to the lien herein provided, on the first day of January of any year the owner
of real and personal property subject to taxation by the City shall be personally liable
for the taxes due thereon for such year. The City shall have the power to sue for
and recover personal judgment for taxes without foreclosure, or to foreclose its lien
or liens, or to recover both personal judgment and foreclosure. In any such suit
where it appears that the description of any property in the City Assessment Rolls
is insufficient to identify such property, the City shall have the right to plead a good
description of the property intended to be assessed, to prove the same, and to have
its judgment foreclosing the tax lien and/or personal judgment against the owner
for such taxes. (Amended May 7, 2005)
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ARTICLE XI
PLANNING AND ZONING, BOARD OF ADJUSTMENTS
Section 11.01 The Planning and Zoning Commission:
There shall be established a Planning and Zoning Commission, which shall consist
of seven (7) citizens of the City of Colleyville. Members of said Commission shall be
appointed by the City Council for a term of two (2) years and will serve at the will
and pleasure of the City Council. Three (3) members of the Planning and Zoning
Commission shall be appointed each odd numbered year and four (4) members shall
be appointed each even numbered year. The Commission shall elect a chairman
from its membership and shall meet in the City Hall not less than once each month.
The chairman of the Commission shall be a voting member. Vacancies created by
resignation, removal by vote of a majority of the City Council, or by any other reason
shall be filled by the City Council for the remainder of the term. A majority of the
members shall constitute a quorum; however, no action shall be approved with less
than four (4) affirmative votes. Attendance requirements for members shall be the
same as for members of the City Council. The Commission shall keep minutes of its
proceedings which shall be of public record. The Commission shall serve without
compensation. (Amended May 7, 2005)
Section 11.02 Powers and Duties:
The Planning and Zoning Commission shall:
(A) Recommend a City Plan for the physical development of the City.
(B) Recommend to the City Council, approval or disapproval of proposed
changes in the Zoning Plan.
(C) Exercise control over the platting or subdividing of land within the corporate
limits of the City and outside same corporate limits to the extent authorized
by State law; provided, however, this grant of authority shall not limit the
City Council's right to provide that the City Council shall have final approval
of plats, as provided by State law (Amended April 4, 1981)
The Commission shall be responsible to and act as an advisory body to the City
Council, and shall have and perform such additional duties as may be prescribed by
ordinance.
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Section 11.03 The Master Plan:
The Master Plan for the physical development of the City of Colleyville shall contain
the Commission's recommendations for growth, development and beautification of
the City. A copy of the Master Plan, or any part thereof, shall be forwarded to the
City Council, which may adopt this plan in whole or in parts, and may adopt any
amendment thereto after at least one (1) public hearing on the proposed action.
The Commission shall act on such plan, or part thereof, and again forward it to the
City Council for consideration.
All amendments to the Master Plan recommended by the Commission shall be
submitted in the same manner as outlined above to the City Council for approval,
and all other recommendations affecting the Master Plan shall be accompanied by a
recommendation from Planning and Zoning Commission.
Section 11.04 Legal Effect of the Master Plan:
Upon adoption of the Master Plan by the City Council, no subdivision, street, park,
or any public way, ground or space, public building or structure, or public utility,
whether publicly or privately owned, which is in conflict with the Master Plan shall
be constructed or authorized by the City until and unless the location and extent
thereof shall have been submitted to the Commission and approved by the City
Council. In case of Commission disapproval, they shall communicate their reasons
to the City Council, which shall have the power to overrule such disapproval. The
widening, narrowing, relocating, vacating, or change in the use of any street, alley,
or public way, or ground, or sale of any public building or real property, shall be
subject to similar submission and approval of the Planning and Zoning Commission
and failure to approve may be similarly overruled by the City Council. (Amended
May 7, 2005)
Section 11.05 Zoning Board of Adjustment:
There shall be a Zoning Board of Adjustment as specified by State law. Vacancies
which are created by resignation, or for any other reason shall be filled by the City
Council for the remainder of the term. (Amended May 7, 2005)
Section 11.06 Separation of Planning and Zoning Commissions:
The City Council may by ordinance, at such time as deemed in the best interest of
the citizens of Colleyville, create a separate Commission to perform the duties of
Planning. This Commission shall have the same structure as provided for the Zoning
Commission in 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.
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ARTICLE XII
FRANCHISES, PUBLIC UTILITIES AND OTHER USERS OF PUBLIC PROPERTY
Section 12.01 Powers of the City:
In addition to the City's power to buy, construct, lease, maintain, operate, and
regulate public utilities and other users of public property, including, but not limited
to users of the public rights-of-way, streets and utility easements, within or without
the City Limits, and to manufacture, distribute and sell the commodities or products
of such utility operations required and used by the public, the City shall have such
further powers as may now or hereafter be granted under the Constitution and State
law. Such powers to regulate the use of public property includes, but is not limited
to, the right to require relocation of facilities in the public rights-of-way, streets and
utility easements, within or without the City Limits, at the facility owners cost for
any City public works project to the fullest extent allowed the City now and as may
hereafter be permitted by the Constitution and State law. (Amended May 7, 2005)
Section 12.02 Power to Grant Franchise:
The City Council shall have the power by ordinance to grant, renew, and extend all
franchises for all public utilities of every character and consents and agreements as
to all other users of public property, including, but not limited to users of the public
rights-of-way, streets and utility easements, operating within the City and, with
consent of the franchise holder, to amend the same, provided, however, that no
franchise shall be granted for an indeterminate term, and that no franchise shall be
granted for a term of more than twenty years from the date of the grant, renewal
or extension. City Council action on all ordinances granting, renewing, extending or
amending a public utility franchise shall comply with the applicable provisions set
forth in Section 3.11 of this Charter. (Amended May 7, 2005)
Section 12.03 Grant Not to be Exclusive:
No grant or franchise to construct, maintain or operate a public utility and no
renewal or extension of such grant or franchise shall be exclusive.
Section 12.04 Transfer of Franchise:
No public utility franchise shall be transferable except with the approval of the City
Council as expressed by ordinance. The term "transferable", as used herein, shall
not be construed in such manner as to prevent the franchise holder from pledging
said franchise as security for a valid debt or mortgage. (Amended May 7, 2005)
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Section 12.05 Right of Regulation:
All grants, renewals, extensions, or amendments of public utility franchises and
consents and agreements as to all other users of public property, including, but not
limited to users of the public rights-of-way, streets and utility easements, whether
it be so provided in the ordinance or not, shall be subject to the right of the City:
(Amended May 7, 2005)
(A) To repeal the same by ordinance at any time for failure to begin
construction or operation within the time prescribed or otherwise to comply
with the terms of the franchise, such power to be exercised only after due
notice and hearing.
(B) To require an adequate extension of plant and service as is necessary to
provide adequate service to the public, and maintenance of the plant and
fixtures at the highest reasonable standard of efficiency.
(C) To impose regulations to insure safe, efficient and continuous service to
the public.
(D) To require at any time such compensation and rental as may be permitted
by State law.
(E) To require the franchisee to restore at the franchisee's expense, all public
or private property to a condition equally as good as or better than before
disturbed by construction, repair or removal. The franchise holder in
opening and refilling of all earth openings shall re-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:
All extensions of service of public utilities and of all other users of public property,
including, but not limited to users of the public rights-of-way, streets and utility
easements, within the City limits shall become a part of the aggregate property of
the public utility, shall operate as such, and shall be subject to all the obligations
and reserved rights contained in this Charter and in any original grant hereafter
made. The right to use and maintain any extension shall terminate with the original
grant and shall be terminable as provided in Section 12.05 of this Charter. In case
of an extension of a public utility operated under a franchise hereafter granted, such
right shall be terminable at the same time and under the same conditions as the
original grant. (Amended May 7, 2005)
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Section 12.07 Regulation of Rates:
The City Council shall have full power after due notice and hearing to regulate by
ordinance the rates, charges and fares of all public utility franchise holders providing
gas, electric, water and sewer utility service within the City provided that no such
ordinance shall be passed as an emergency measure. All such franchise holders who
shall request an increase in rates, charges, or fares shall have, at the hearing of the
City Council called to consider such request, the burden of establishing by clear,
competent, and convincing evidence the value of its investment properly allowable
to service in the City, and the amount and character of its expenses and revenues
connected with the rendering of such service. If, upon such hearing, the City Council
is not satisfied with the sufficiency of the evidence so furnished, it shall be entitled
to call upon such public utility for the furnishing of additional evidence at a
subsequent date to which said hearing may be adjourned. No public utility franchise
holder shall institute any legal action to contest any rate, charge, or fare fixed by
the City Council until such franchise holder has filed a motion for rehearing with the
City Council for a specific date setting out each ground of its complaint against the
rate, charge, or fare fixed by the City Council, and until the City Council shall have
acted upon such motion. Such motion shall be deemed overruled unless acted upon
by the City Council within a reasonable time, not to exceed sixty (60) days from the
filing of such motion for rehearing; provided, that the City Council may by resolution
extend such time for acting on said motion for rehearing from sixty (60) days to
ninety (90) days. The City shall have the power to employ at the expense of the
franchise holder, expert assistance and advise in determining a reasonable rate and
equitable profit to the franchise holder.
Section 12.08 Public Service Corporations to File Annual Reports:
The City Council shall require all public service Corporations operating within the
corporate limits of the City to file a sworn annual report of the receipts from the
operation of the said business for the current year, how expended, how much
thereof for betterments or improvements, the rate of tolls or charges for services
rendered to the public, and any other facts or information that the City Council may
deem pertinent for its use including reports on operations within the City in
intelligently passing upon any questions that may arise between the City and said
public service corporations; said reports to be filed with the City Secretary, and
preserved for the use of the City Council. Such reports shall be reviewed annually
by the City Council to determine the propriety of the rates being charged.
Any public service corporation, partnership, or proprietorship who shall for a thirty
(30) day period willfully refuse or fail to report in the manner provided by this
Charter shall forfeit and pay to the City the sum of one hundred dollars ($100.00),
per day for each and every day during which it shall continue in default; or, if any
such enterprise shall file any report, knowing that the same does not truly report
the facts about the matters mentioned therein, it shall forfeit and pay to the City
the sum of one thousand dollars ($1,000.00) for each such willfully false report and
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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 financial results of such City ownership
and operation, including all assets, appropriately subdivided into different classes,
all liabilities subdivided by classes, depreciation reserve, and surplus; also revenues,
operating expenses including depreciation, interest payments, rental and other
disposition of annual income. The accounts shall show the actual capital cost to the
City of each public utility owned, also the cost of all extensions, additions and
improvements and the source of the funds expended for such capital purposes. They
shall show as nearly as possible the cost of any service furnished to or rendered by
any such utility to any other city or governmental department. The City Council shall
annually cause to be made by a certified public accountant and shall publish a report
showing the financial results of such City ownership and operation, giving the
information specified in this Section and such other data as the City Council shall
deem expedient.
Section 12.10 Sales of Municipal Services:
The City Council shall have the power and authority by ordinance:
(A) In or outside the limits of the City, to sell and distribute water; sell and
provide sewer service; sell and provide garbage and trash collection
disposition; and to sell and provide other municipal services, including but
not limited to cable television services, telecommunications services,
information services and other electronically transmitted services, whether
transmitted by radio waves, light wave or impulses, by digital transmissions
or otherwise, unless expressly prohibited by the State or Federal law.
(Amended May 7, 2005)
(B) To establish specifications for materials and construction used within or
beyond the limits of the City for such municipal services; inspect same and
require such materials to be kept in good order and condition at all times;
make such rules and regulations as shall be necessary and proper; and
prescribe penalties for noncompliance with same.
Section 12.11 Franchise Records:
The City shall compile and maintain a public record of public utility franchises.
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ARTICLE XIII
TRANSITIONAL PROVISIONS
(Eliminated per the Charter Amendment Special Election held on
November 8, 2016)
ARTICLE XIV
GENERAL PROVISIONS
Section 14.01 Publicity of Records:
All record and accounts of every office, department, or agency of the City shall be
open to inspection by any individual subject to public inspection as provided by State
law. (Amended May 7, 2005)
Section 14.02 Personal Financial Interest: (Amended May 7, 2005)
This section shall apply to all elected and appointed City officials, members of
commissions, boards, committees and City employees.
(A) Misuse of Office. No person shall use his office, position or employment in
an unlawful manner or in a manner calculated to obtain a financial benefit
or a commercial benefit that would not be available to someone not holding
such office or position.
(B) Contracts. A person, who is subject to this section and has a direct interest
in any proposed or existing contract, purchase, work, sale or service to or
by the City, shall not participate in discussions thereon, render a decision
thereon, or vote thereon.
(C) Discretionary Authority. No person shall make a decision or exercise their
discretionary authority with regard to an entity in which he or she has a
financial interest as prohibited by State law.
(D) No person shall grant, accept or solicit in the discharge of his official duties
any favor or personal benefit, service or thing of value to any person or
entity in violation of State law.
(E) Notice. Any person who shall have a conflict of interest under paragraph B
above shall file a sworn statement describing in reasonable detail such
conflict with the City Secretary no later than either the beginning of the
meeting at which the matter will first be discussed or acted upon, or the
time at which the potential conflict first becomes known to the person,
whichever occurs first.
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(F) Citizen Complaints. Any citizen of the City may file with the City Secretary
a statement of suspected conflict of interest. Such statement of suspected
conflict of interest shall be filed within fifteen (15) days of the decision,
vote, or if another event giving rise to an asserted violation of paragraph
C above, within fifteen (15) days of when the citizen knew or reasonably
should have known of the asserted violation, and shall describe the
complained conflict in reasonable detail. The City Council, or its designee,
shall respond in writing to a timely filed statement of suspected conflict of
interest, and the statement of suspected conflict of interest and response
of the City Council shall be maintained in the public records of the City.
(Amended November 8, 2016)
(G) Oath. Upon the election, appointment, or employment of any person by the
City, they shall sign a statement acknowledging that they have read and
are familiar with the provisions of this Section of the Charter, and all other
sections of State law pertaining to the conflict of interest, and these
statements shall be maintained as public record of the City.
(H) Removal from Office. Failure to comply with any of the provisions of this
Section shall constitute malfeasance in office and upon a finding by a Court
of competent jurisdiction of said violation, the person shall immediately
forfeit their position or office and such position or office shall be deemed
vacant.
(I) Contracts Voidable. Any violation of part C of this Section in the approval
process of any contract shall make said contract voidable by the City.
(J) The City Council may adopt by ordinance, a code of ethics and conduct that
is consistent with the provisions of this Charter.
(K) Financial Disclosure and Business Conflict of Interest Forms shall be
provided by candidates for Mayor and City Council and by applicants
seeking appointments to the Planning and Zoning Commission or the
Zoning Board of Adjustment, and shall file such forms within two (2)
business days following the end of the candidate filing period, or if for
appointment, within (2) business day 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
(including any staff member who is appointed with City Council approval)
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 annually
and within five (5) business 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:
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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 portion 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.
ii. 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
person(s), as outlined above, their spouse or dependent minor
children have received a fee, salary, or gift of a value exceeding
one hundred dollars ($100.00).
iii. 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 person(s), as
outlined above, their spouse, or any dependent minor children
own more than two percent (2%) of the outstanding equity
interest or more than two percent (2%) of the assets.
(L) The disclosure reporting obligations required by Section 14.02(K) apply to
all of the relationships listed in this Section 14.02.
(Sections K and L -Added per the amendments made on November 8, 2016)
Section 14.03 Nepotism:
No person related within the second degree by affinity, or within the third degree
by consanguinity to any elected officer of the City, or to the City Manager, shall be
appointed to any office, position or clerkship or other service to the City. This
prohibition shall not apply; however, to any person who shall have been
continuously employed by the City for a period of two (2) years prior to the election
of the Mayor, City Council Person or appointment of the City Manager so related to
him. This provision shall not apply to volunteer services to the City.
Section 14.04 Official Bond for City Employees:
The City Council shall require bonds of all municipal officers and employees who
receive or disburse any funds of the City. The amount of such bonds shall be
determined by the City Council and the cost thereof shall be paid by the City.
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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 Charter, shall remain in force until
altered, amended or repealed by the City Council. All taxes, assessments, liens,
encumbrances and demands, of or against the City, fixed or established before such
date, or for the fixing or establishing of which proceedings have begun at such date,
shall be valid when properly fixed or established either under State law in force at
the time of the beginning of such proceedings or under State law after the adoption
of this Charter. All rights of the City under existing franchises and contacts and all
existing authority for the issuance of bonds, granted prior to adoption of this
Charter, shall be preserved in full force and effect.
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Section 14.08 Applicability of General Laws:
The Constitution of the State of Texas, State law applicable to Home-Rule Municipal
Corporations, as now or hereafter enacted, this Charter and ordinances enacted
pursuant hereto shall in the order mentioned, be applicable to the City of Colleyville,
but the City shall also have the power to exercise any and all powers conferred by
State law upon any kind of city, town, or village, not contrary to the provisions of
said home-rule status, Charter and ordinances, but the exercise of any such powers
by the City of Colleyville shall be optional with it, and it shall not be required to
conform to State law governing any other cities, town or villages unless and until by
ordinance it adopts same.
Section 14.09 Property Not Exempt from Special Assessments:
No property of any kind, by whomsoever owned or held or by whatsoever
Institution, Agency, political subdivision or organization, owned or held, whether in
trust or by non-profit organization, or corporation, or by "foundation", or otherwise,
(except property of the City of Colleyville, Texas, independent school districts, and
other tax supported institutions), shall be exempt in any way from any of the Special
Taxes, Charges, Levies and Assessments, authorized or permitted by this Charter,
for Local Improvements for the public welfare.
Section 14.10 Amending the Charter:
Amendments to this Charter may be framed and submitted to the voters in the
manner provided by State law, but in no event more frequently than once every two
years. (Amended April 7, 1979)
Section 14.11 Judicial Notice:
This Charter shall be deemed a Public Act and shall have the force and effect of a
General Law, may be read in evidence without pleading or proof, and judicial notice
shall be taken thereof in all Courts and places.
Section 14.12 Gender of Wording:
The masculine gender of the wording used throughout this Charter shall always be
interpreted to mean either sex.
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SUBMISSION OF CHARTER TO VOTERS
The Charter Commission in preparing this Charter, finds and decides that it is
impracticable to segregate each subject so as to permit a vote of "yes" or "no" on
the same, for the reason that the Charter is so constructed that in order to enable
it to work and function, it is necessary that it should be adopted in its entirety. For
these reasons, the Charter Commission directs that said Charter be voted upon as
a whole and that it shall be submitted to the qualified voters of the City of Colleyville
at an election to be held for that purpose on the 15th day of January, 1977. Not less
than thirty (30) days prior to such an election, the City Council shall cause the City
Secretary to mail a copy of this Charter to each qualified voter of the City of
Colleyville as appears on the latest voters' registration list.
The present City Council of the City of Colleyville shall call such election in
accordance with the provisions of the general laws of the State governing such
elections, and the same shall be conducted and the returns made and results
declared as provided by the laws of the State of Texas governing municipal elections.
If a majority of the votes cast at such election shall be in favor of the adoption of
such Charter, then an official order shall be entered upon the records of said City by
the City Council of Colleyville declaring the same adopted, and the City Secretary
shall record at length upon the records of the City, in a separate book to be kept in
his office for such purpose, such Charter as adopted, and such Secretary shall
furnish to the Mayor a copy of the Charter, which copy of the Charter shall be
forwarded by the Mayor as soon as practical, to the Secretary of State under the
seal of the City, together with a certificate showing the approval of the qualified
voters of such Charter.
We, the undersigned members of the Charter Commission heretofore duly elected
to prepare a Charter for the City of Colleyville, Texas, do hereby certify that this
publication constitutes a true copy of the proposed Charter for the City of Colleyville,
Texas, as unanimously adopted by the members thereof, and the undersigned do
hereby recommend its submission to the qualified voters of said City as provided by
law.
COMPLETED AND SUBSCRIBED TO on this the 11th day of November, 1976, at
Colleyville, Texas.
BARBARA ANDREWS LEONARD LEAR FRANK RAWLS
TOMMY ELLISON LOWELL LONNON D.B. SCROGGINS
OPAL ETHRIDGE LOUIS MILLER MAX SUMMERS
H.L. GIBSON JAMES MOORE LINDA THOMPSON
WANDA JOHNSON JONI NEELY FRANK WHITMIRE
CHARTER COMMISSION, CITY OF COLLEYVILLE, TEXAS.
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HOME RULE CHARTER
for the
CITY OF COLLEYVILLE, TEXAS
CHARTER AMENDMENT ELECTION MAY 7, 2005
COLLEYVILLE CITIZENS CITY CHARTER REVIEW COMMITTEE
James Moore Steve Magee Brad Rice
Ed Baker Louis C. Miller Mike Taylor
Linda Bond Richard Newton Frank Whitmire
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HOME RULE CHARTER
for the
CITY OF COLLEYVILLE, TEXAS
CHARTER AMENDMENT ELECTION NOVEMBER 8, 2016
COLLEYVILLE CITIZENS CHARTER REVIEW COMMITTEE
Frank Carroll, Chair Michael Muhm, Vice Chair Claudia Bevill
Vince Hawkins Rich Hendler David Medlin
Shirley Schollmeyer Nelson Thibodeaux Steve Waltens
Tim Weymouth
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