0626
ORDINANCE NO. 626
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, CALLING A
SPECIAL ELECTION FOR JANUARY 21, 1995, FOR THE PURPOSE OF
AMENDING THE CITY CHARTER; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Southlake, Texas, is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, it is the intention of the City Council to call a special election to submit
proposed amendments to the City Charter to the voters in accordance with Section 9.004
of the Texas Local Government Code; and
WHEREAS, an election to submit to the voters proposed amendments to the city
charter is required by law to be held on a uniform election date; and
WHEREAS, Section 41.001 of the Texas Election Code (the "Code") specifies that the
third Saturday in January shall be a uniform election date.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
SECTION 1.
The City Council does hereby, on its own motion, order a special election to submit
f:\files\muni\slake\ordinanc\chartenelc
to the voters of the City of Southlake proposed amendments to the City Charter. The
proposed amendments to the City Charter are set forth in Exhibit "A," attached to this
ordinance and incorporated herein for all purposes. The election shall be conducted
according to the laws of the State of Texas, and shall be held on January 21, 1995, from 7:00
a.m. to 7:00 p.m.
SECTION 2.
The official ballots for said election shall be prepared in accordance with the
Code so as to permit the electors to vote "YES" or "NO" on each proposition, with the
ballots to contain such provisions, markings and language as required by law, and with the
propositions to be expressed substantially as set forth in Exhibit "B", attached to this
ordinance and incorporated herein for all purposes.
SECTION 3.
The Mayor and City Secretary of the City, in consultation with the City Attorney, are
hereby authorized and directed to take any and all action necessary to comply with
provisions of the Texas Election Code or other state and federal statutes and constitutions
in carrying out the conduct of the election, whether or not expressly authorized herein.
f:\files\muni\slake\ordinanc\charter.elc 2
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and resolutions of
the City of Southlake, Texas, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances, in which event the conflicting provisions of
such ordinances and resolutions are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 6.
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
E\files\muni\slake\ordinanc\charter.elc 3
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
1994.
,`,`NNN
• y MAYOR
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A EST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
~O 9N ' AYOR
O a
r
* ATT ST:
Y SECRETARY
APPROVED AS TO FORM AND LEGALITY:
aM J ey-Z A,
City Attorney f
f:\files\muni\slake\ordinanc\chartcr.elc 4
EXHIBIT A TO ORDINANCE NO. 626
CITY CHARTER AMENDMENTS
CHAPTER I
INCORPORATION AND POWERS
OF THE CITY
1.10 Platting of Property
Should any property situated within the corporate limits of the City or within the
extraterritorial jurisdiction of the City, be hereafter platted into blocks and lots, the owner
or owners of the property shall comply with the general plan of the City, all provisions of
the ordinances, rules and regulations of the City, and all provisions of the applicable State
laws.
CHAPTER II
CITY COUNCIL AND MAYOR
2.01 Governing Body
The governing and lawmaking body of the City shall consist of the Mayor and six Council
members and shall be know as the City Council.
2.02 Elective Officers
(a) At-Large by Place. The Mayor and the six Council members shall be elected by the
qualified voters from the City at large. The six City Council positions shall be designated
as Council Places 1, 2, 3, 4, 5, and 6.
(b) Districts. The City shall be divided into the following three districts:
(1) District 1 shall be that area of the City located north of State Highway 114.
(2) District 2 shall be that area of the City located between State Highway 114 and
State Highway 1709.
(3) District 3 shall be that area of the City located south of State Highway 1709.
(c) Candidate's Residence. A person shall not be eligible as a candidate for Council:
(1) Places 1 or 4 unless the person is a resident of District 1; or
(2) Places 2 or 5 unless the person is a resident of District 2; or
EXHIBIT A
SOUTHLAKE CITY CHARTER AMENDMENTS PAGE I
(3) Places 3 or 6 unless the person is a resident of District 3; and
(4) unless the person has resided in the required district for at least 90 days prior
to the date of the election.
(d) Term of Office. The Mayor and Council members shall serve terms of three years
or until their successors are elected and qualified.
(e) Staggered Terms. Beginning with the regular election in 1995, Council members in
Places 1, 2, and 3 shall be elected for a term of three years. At the regular election in 1996,
Council members in Places 4, and 5 shall be elected for a term of three years. At the
regular election in 1997, the Council member in Place 6 and the Mayor shall be elected for
a term of three years. Upon the expiration of these terms, the Mayor and Council members
shall be elected for three-year terms or until their successors are elected and qualified.
(f) Transition. (1) For the purpose of transition, upon adoption of these charter
amendments, the existing Place Numbers will be redesignated as follows:
Existing New
Designation Designation
Place Number 1 Place Number 5
Place Number 2 Place Number 6
Place Number 3 Place Number 3
Place Number 4 Place Number 1
Place Number 5 Place Number 2
Place Number 6 Place Number 4
The incumbents in existing Place Numbers 1, 2, and 6 will continue to hold their seats on
the Council until the expiration of their terms, but they are designated as Place Numbers 5,
6, and 4, respectively.
(2) A person who is a member of the city council on May 6, 1995, may be
reelected to the place number assigned to that member's position by this subsection, so long
as the member remains eligible to become a candidate under all qualifications other than
residency in a district. Other persons who become candidates during this transition period,
must meet all qualifications, including residency in the district.
(g) Municipal Judge. The Judge of the Municipal Court shall be elected for a term of
three years by the qualified voters of the city at large.
EXHIBIT A
SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 2
2.04 Qualifications
(a) Candidates. Each person who becomes a candidate for Mayor or Council member
shall meet the following qualifications:
(1) be at least twenty-one (21) years of age;
(2) be a citizen of the United States;
(3) be a qualified voter of the City:
(4) reside and have resided for at least twelve (12) months preceding the election
within the corporate limits of the City; and
(5) if the person is a candidate for Council Place 1, 2, 3, 4, 5, or 6, reside and have
resided for at least 90 days preceding the election, within the City district required by Section
2.02(c) for the Place Number for which the person is a candidate.
(b) When any member of the Council no longer possesses all of the qualifications specified
in this section, or is convicted of a felony or any offense involving moral turpitude while in
office, the office shall immediately and automatically become vacant. The Council shall be
the judge of the qualifications of its members and for these purposes shall have the power
to subpoena witnesses and require the production of records, but the decision of the Council
in any case shall be subject to review by the courts.
2.07 Mayor Pro Tem and Deputy Mayor Pro Tem
At the first meeting after each general election or general election run-off, if any, or as soon
thereafter as practicable, the Mayor shall, with the approval of the Council, appoint one of
the Council members as Mayor Pro Tem and one as Deputy Mayor Pro Tem who shall hold
their offices for one year. The Mayor Pro Tem shall perform the duties of Mayor in case
of the absence or disability of the Mayor. In case of absence or disability of both the Mayor
and the Mayor Pro Tem, the Deputy Mayor Pro Tem shall perform the duties of Mayor.
2.08 Vacancies; Forfeiture of Office; Filling of Vacancies
(a) Vacancies. The office of the Mayor or a Council member shall become vacant upon
the Mayor or Council member's death, resignation, removal from office (in any manner
authorized by law), or forfeiture of office.
(b) Forfeiture of Office. The Mayor or a Council member shall forfeit his or her office
if during a term of office, the Mayor or Council member:
(1) lacks any qualification for the office prescribed by this charter or by other law;
EXHIBIT A
SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 3
(2) violates any expressed prohibition of this charter;
(3) is convicted of a felony crime or is convicted of a crime involving moral
turpitude; or
(4) fails to attend two consecutive regular meetings of the Council without being
excused by the Council.
(c) Filling of Vacancies. If a vacancy occurs in the position of Mayor or council member,
a special election shall be held on the next election date authorized by the Texas Election
Code that is a least 45 days after the vacancy occurs for the purpose of filling the vacancy.
If the vacancy occurs within ninety (90) days prior to a general election, the vacancy shall
be filled at the general election. All vacancies filled under this Section 2.08(c) shall be for
the unexpired term of the office filled.
2.09 Meetings of the City Council
The Council shall hold at least two regular meetings each month on the first and third
Tuesday evenings of the month at a time to be fixed by ordinance, unless the dates fall on
a regularly observed City holiday, provided that the Council may establish as many additional
regular meetings during the month as may be necessary for the transaction of the business
of the City and its citizens. All meetings of the Council shall be open in accordance with
and except as provided by the Texas Open Meetings Act, Chapter 551, Government Code,
Vernon's Texas Codes Annotated, and shall be held at the City Hall, except that the Council
may designate another place for the meetings.
2.10 Special Meetings
The Mayor or a majority of the other members of the Council may call special meetings by
giving notice to the City Secretary who shall notify each member of the Council of the time
of the meeting and its purpose. Only matters set forth in an agenda posted in accordance
with the Texas Open Meetings Act, Chapter 551, Government Code, Vernon's Texas Codes
Annotated, shall be considered.
2.11 Rules of the Council; Minutes and Procedures
(a) The council shall provide for citizen participation at any meeting with regard to any
matter under consideration in accordance with rules and regulations as the Council may
provide. The Council shall provide for minutes being taken and recorded for all meetings,
and such minutes shall be a public record. Minutes of all meetings of the Council shall be
promptly entered within forty-eight (48) hours after approval in the permanent official
records of the City, and the City Secretary, or other designated person, shall at the same
time provide a permanent and adequate index showing the action of the Council in regard
to all matters submitted to it at both regular and special sessions. Voting, except on
EXHIBIT A
SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 4
procedural motions, shall be by roll call or electronic device and shall be recorded in the
minutes. The vote upon the passage of all ordinances and resolutions shall be taken by the
"ayes" and "nays" and entered upon the minutes, and every ordinance or resolution, upon
its final passage, shall be authenticated by the signature of the presiding officer and the
person performing the duties of the City Secretary.
(b) Any item requested by one (1) or more members of the Council or by the City
Manager shall be placed on the agenda by the City Secretary. The Mayor will establish the
order of the agenda for each Council meeting. The City Secretary shall prepare the agenda,
which shall be publicly posted at City Hall in accordance with the Texas Open Meetings Act,
Chapter 551, Government Code, Vernon's Texas Codes Annotated.
2.131 Code of Ethics and Conduct
The City Council shall adopt by ordinance a code of ethics and conduct that is consistent
with the provisions of this Charter and applicable to elected officers, appointed board,
commission, and committee members, and employees of the City.
CHAPTER III
RESPONSIBILITIES OF THE CITY COUNCIL
3.11 Action Requiring an Ordinance
(a) The Council shall legislate by ordinance. In addition to other acts required by law
or by specific provision of this Charter to be done by ordinance, those acts of the Council
shall be by ordinance which:
(1) Adopt or amend an administrative code or establish, alter or abolish any city
board, department, office, or agency;
(2) Provide for a fine or other penalty or establish a rule or regulation for
violation of which a fine or other penalty is imposed;
(3) Levy taxes, except as otherwise provided in Sections 9.01 - 9.11 with respect
to the property tax levied by adoption of the budget;
EXHIBIT A
SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 5
(4) Grant, renew or extend a franchise;
(5) Regulate the rate charged for services by a public utility;
(6) Authorize the borrowing of money;
(7) Convey, lease or authorize the conveyance or lease of any lands of the City;
(8) Adopt with or without amendment ordinances proposed under the initiative
power; and
(9) Amend or repeal any ordinance previously adopted, except as otherwise
provided in Section 7.30 with respect to repeal of ordinances reconsidered
under the referendum power.
(b) Acts other than those referred to in the preceding sentence may be done either by
ordinance, resolution or minute order. Except as restricted by Section 3.13(a), ordinances
and resolutions may be passed at any regular meeting or special meeting called for that
purpose, provided notice has been given in accordance with the Texas Open Meetings Act,
Chapter 551, Government Code, Vernon's Texas Codes Annotated.
3.13 Procedure for Enacting Ordinances, Publication
(a) Upon introduction of any ordinance by a Council member, the City Secretary shall
distribute a copy to the Mayor, each Council member and to the City Manager, and shall
file a reasonable number of copies in the Office of the City Secretary and such other public
places as the Council may designate. All ordinances, exclusive of emergency ordinances,
defined by Section 3.14 of this Charter, shall be considered and passed in open meetings of
the Council at two (2) separate Council meetings, the second of which shall be a regular
meeting. The City Secretary shall publish the proposed ordinance or its caption and penalty
together with a notice setting out the time and place for a public hearing thereon and for
its consideration by the Council at least ten (10) days before the second meeting at which
the ordinance is considered. All persons interested shall have the opportunity to be heard.
After the hearing, the Council may adopt the ordinance with or without amendment or
reject it but, if it is amended as to any matter of substance, the Council may not adopt it
until the ordinance or its amended sections have been subjected to all the procedures
required in the case of a newly introduced ordinance. The City Attorney shall approve as
to legality all ordinances prior to final adoption.
EXHIBIT A
SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 6
(b) Except as otherwise provided by law or this Charter, the City Secretary shall give
notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for any
violation of any of its provisions, and of every other ordinance required by law or this
Charter to be published, by causing the ordinance or its preamble and penalty, to be
published at least one (1) time within ten (10) days after its final passage, in the official City
newspaper. The affidavit of such publication by the publisher of the newspaper taken before
any officer authorized to administer oaths and filed with the City Secretary, shall be
conclusive proof of the legal publication and promulgation of such ordinance in all courts.
All ordinances requiring publication shall take effect immediately upon publication unless
otherwise provided by the ordinance.
(c) Every ordinance shall be authenticated by the signature of the City Secretary. The
approval or signature of the Mayor shall not be necessary. Every ordinance enacted by the
Council shall be filed with the City Secretary who shall record all ordinances, orders, and
resolutions adopted by the Council in a properly indexed book kept for that purpose.
CHAPTER V
COURTS
5.02 Judge of the Court
The "Judge of the Municipal Court", shall be elected by the qualified voters pursuant to state
statute. The Judge shall be an attorney in good standing, licensed to practice in the State
of Texas and must meet all other qualifications established by Section 2.04(a)(1), (2), (3),
and (4) for the Mayor and City Council. The Judge shall serve for a three (3) year term.
The Council shall fix the compensation for the Judge and such compensation shall never be
based on fines assessed or collected.
CHAPTER XI
PLANNING AND ZONING
11.06 The Master Plan
(a) The Planning and Zoning Commission shall formulate and recommend to the Council
a Comprehensive Master Plan and shall consult with the City Manager and with other City
departments regarding planning.
EXHIBIT A
SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 7
(b) The Master Plan for the physical development of the City shall contain the Commission's
recommendations for growth, development and beautification of the City and for the City
infrastructure necessary to maintain and enhance the health, safety, and welfare of its
residents. The Master Plan shall consist of at least these components:
(1) Land use plan;
(2) Thoroughfare plan;
(3) Parks, reacreation, and open space plan;
(4) City-wide trail master plan;
(5) Water and waste water plan;
(6) Storm water drainage plan;
and such other components that the Council may designate by ordinance or resolution.
Each component of the Master Plan shall address a planning horizon of at least ten (10)
years into the future.
(c) A copy of the Master Plan, or any part thereof, shall be forwarded to the City Manager,
who shall submit it with his recommendations to the Council, which may adopt this plan in
whole or in part, and may adopt any amendments thereto after at least one public hearing
on the proposed action.
(d) The Master Plan components shall be reviewed by the Planning and Zoning Commission
and updated as necessary to reflect changing City conditions and requirements, on this
schedule:
(1) Land use plan--at least every two (2) years;
(2) Other components--at least every four (4) years.
The City Manager shall be responsible for scheduling reviews in accordance with this
requirement.
(e) After each review, the Planning and Zoning Commission shall either submit its
recommendations for updating the component(s) or shall submit a letter confirming that the
review was accomplished but declaring that there were no recommended revisions.
EXHIBIT A
SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 8
(f) The Council shall act on such plan, or part thereof, within sixty (60) days following its
submission. If such plan, or part thereof, shall be rejected by the Council, the Commission
may modify such plan or part thereof, and again forward it to the Council for consideration.
(g) All amendments to the Master Plan recommended by the Commission shall be submitted
to the Council for approval in accordance with the procedures required by this Section 11.06,
and all other recommendations affecting the Master Plan shall be accompanied by a
recommendation from the Planning and Zoning Commission.
EXHIBIT A
SOUTHLAKE CITY CHARTER AMENDMENTS PAGE 9
EXHIBIT B TO ORDINANCE NO. 626
BALLOT PROPOSITIONS
PROPOSITION NO. 1 - Election of the City Council
Shall the Charter of the City of Southlake be amended to provide for the at-large
election of city council members by place numbers; assigning two place numbers to
each of three geographical districts; requiring that council members reside in a district
to be eligible to become a candidate for a place number assigned to that district;
specifying the required length of residency in a district; providing the boundaries of
the districts; continuing the Mayor's city-wide residency requirement; continuing
three-year terms; continuing staggered terms; and providing for transition; amending
Sections 2.02, 2.04, and 2.10?
PROPOSITION NO. 2 - Deputy Mayor Pro Tem
Shall the Charter of the City of Southlake be amended to provide for the selection
of a Deputy Mayor Pro Tem; amending Section 2.07?
PROPOSITION NO. 3 - Regular City Council Meetings
Shall the Charter of the City of Southlake be amended to authorize the city council
to set the time for regular city council meetings by resolution or minute order;
amending Sections 2.09 and 3.11?
PROPOSITION NO. 4 - City Council Voting
Shall the Charter of the City of Southlake be amended to enable the city council to
vote at its meetings by electronic device rather than roll call; amending Section 2.11?
PROPOSITION NO. 5 - Code of Ethics and Conduct
Shall the Charter of the City of Southlake be amended to require the city council to
adopt a Code of Ethics and Conduct applicable to elected officers, appointed board,
commission, and committee members, and employees of the city; adding Section
2.121?
PROPOSITION NO. 6 - Municipal Court Judge
Shall the Charter of the City of Southlake be amended to increase the elective term
of the municipal court judge from two years to three years to correspond to city
council terms and to require the municipal court judge to be a resident of the city;
amending Section 2.02 and 5.02?
EXHIBIT B
CHARTER AMENDMENT BALLOT PROPOSITIONS PAGE 1
PROPOSITION NO. 7 - Adoption of Ordinances
Shall the Charter of the City of Southlake be amended to provide that ordinances be
passed at two meetings, the second of which must be a regular meeting; and to no
longer require the actual reading of ordinances or ordinance captions during council
meetings; amending Sections 3.13?
PROPOSITION NO. 8 - Master Plan
Shall the Charter of the City of Southlake be amended to provide for the content and
procedures for adoption and updating of the City's Master Plan; amending Section
11.06?
PROPOSITION NO. 9 - Conformance with State and Federal Law
Shall the Charter of the City of Southlake be amended to conform with state and
federal law with respect to regulation of plats, residency requirements for holding
office, filling a vacancy in the Mayor's office, and references to the Texas Open
Meetings Act; amending Sections 1.10, 2.04, 2.07, 2.08, 2.09, 2.10, 2.11, and 3.11?
PROPOSITION NO. 10 - Clarifying Language and Improving Grammar
Shall the Charter of the City of Southlake be amended to clarify the language and
improve the grammar of the Charter without making substantive change, amending
Sections 1.10, 2.01, 2.07, 2.08, 2.09, 2.10, 3.11, 3.13 and 5.02.
EXHIBIT B
CHARTER AMENDMENT BALLOT PROPOSITIONS PAGE 2
Fort Worth tarFeIegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
--- STATE OF TEXAS
my of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who , after being duly sworn , did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL
INCKLINE RATE AMOUNT
DEC 09 3096491 CL . 358 1X30 L 30 . 46 13 . 80
dec 9 _...
P . O . # ORD #626
CITY OF
SOUTHLAKE TEXAS 1
AN ORDINANCEENOF6THE
CITY OF SOUTHLAKE
TEXAS CALLING A SPE:,
CIAL ELECTION FOR JAN-
PURPOSIE OF AMENDING
THE CITYCHARTER;PRO-
VIDING THAT THE ORDI-
LATCVEHALLOBE CUALL
ORDINANCES PROVID (.40:eit
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YSECTD APPROVED
BY I THE CITY OF SOUTH- 4
BSCRIBED AND SWORN TO OFDECEMBERE19TggDAY IIS THE 9TH DAY OF DEcEIBER,
Gary NOTARY PU:�LIC
Mayoryor of of Southlake
Attest:
Sandra L.LeGrand,
Agrovedcretaras tyyo form: TARRANT COUNTY , TEXAS
Appro
-- - E.Allen Taylor,Jr.,
City Attorney
CITY SEC►ETAS
TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
REMIT TO : 400 W . SEVENTH, FW, TX 76102
Fbrt WorthStar-Telegram TO: X $712051
ACCOUNT ll 1l X XAMOUxNTT x x X x X X X
3096491 4/ NUMBER CIT57 DUE 13.80
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CITY OF SOUTHLAKE
667 N CARROLL AVE PLEASE PAY ► 13 . 80
SOUTHLAKE TX 76092-9595 THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED