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0912 - OFFICIAL RECORD ORDINANCE NO. 912 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, CALLING A SPECIAL ELECTION FOR NOVEMBER 6, 2007, 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 first Tuesday in November shall be a uniform election date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. PROPOSED AMENDMENTS: The City Council does hereby, on its own motion, order a special election to submit to the voters of Southlake proposed amendments to the City Charter as set forth in Exhibit A, attached to and incorporated in this ordinance for all purposes. The election shall be conducted according to the laws of the State of Texas, and shall be held on November 6, 2007, from 7:00 a.m. to 7:00 p.m. Section 2. BALLOT LANGUAGE: The official ballots for said election shall be prepared in accordance with the Texas Election 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 and incorporated in this ordinance for all purposes. Section 3. AUTHORITY OF THE MAYOR AND CITY SECRETARY: 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. Section 4. PUBLICATION AND POSTING OF NOTICE OF ELECTION: Notice of the special election and a substantial copy of the amendments shall be published on the same day in each of two successive weeks, with the first publication occurring on October 7,2007, and the second publication occurring on October 14, 2007, in the newspaper in accordance with the provisions of the Code and the City Charter. Additionally, the Notice of Election shall be posted no later than October 16, 2007, in the regular place for posting notice of meetings of the City Council of the City, and shall remain posted continuously through Election Day, November 6,2007. Section 5. CONTRACT FOR ELECTION SERVICES: The City Manager is authorized to execute the Contract for Election Services with Tarrant County Elections Administrator and the City of Southlake. Section 7. ELECTION PRECINCTS: In accordance with the Code, the City Council hereby establishes its election precincts for all municipal elections. From and after the effective day of this Ordinance, the corporate limits of the City shall constitute a single municipal election precinct. Section 8. POLLING PLACE: The polling place for the Special Election shall be Southlake Town Hall, 1400 Main Street, Southlake, Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on Election Day, in accordance with and pursuant to the requirements of the Code. Section 9. APPOINTMENT OF ELECTION JUDGE AND ALTERNATE ELECTION JUDGE: The following named individuals, residing at the respective addresses are hereby appointed to serve as Presiding Election Judge and Alternate Presiding Election Judge, respectively, at the election: PRESIDING JUDGE: Robert Flaherty ALTERNATE JUDGE: Carol Lee Hamilton The Election Judge and Alternate Judge shall be qualified voters of the City. The City Secretary shall deliver to the Presiding Judge and Alternate Judge, notice of their appointments not later than twenty (20) days from the effective date of this Ordinance. Section 10. APPOINTMENT OF CLERKS: The Presiding Judge for the polling place may appoint as many additional clerks as are necessary for the proper conduct of the election. All Election Clerks shall be qualified voters of the City. Section 11. COMPENSATION OF THE ELECTION JUDGE AND ELECTION CLERKS: The Presiding Election Judge and Early Voting Lead Clerk shall be compensated at a rate of $10.00 per hour. Each Election Clerk shall be compensated at the rate of $9.00 per hour. The Presiding Election Judge shall also be paid the additional sum of $25.00 for delivering the returns of the election. Section 12. METHOD OF VOTING: The Tarrant County Elections Administrator is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the General Election, in accordance with this resolution. Voting on Election Day shall be by eSlate electronic voting system or by a paper ballot using the eScan voting system. Early Voting shall be by the eSlate electronic voting system. Section 13. GOVERNING LAW AND QUALIFIED VOTERS: The election shall be held in accordance with the Constitution of the State of Texas and the Code, and all resident qualified voters of the City shall be eligible to vote at the election. Section 15. EARLY VOTING: Steve Raborn, Tarrant County Elections Administrator, is designated Early Voting Clerk, and Lori Payne, City Secretary, will serve as Deputy Early Voting Clerk. Early Voting by personal appearance hours shall include: October 22, 2007 October 23, 2007 October 24 2007 October 25, 2007 October 26, 2007 October 27,2007 October 28, 2007 October 29,2007 October 30, 2007 October 31, 2007 November 1, 2007 November 2, 2007 Monday Tuesday Wednesday Thursday Friday Saturday Sunday Monday Tuesday Wednesday Thursday Friday 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 7:00 a.m. to 7:00 p.m. 11 :00 a.m. to 4:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 7:00 a.m. to 7:00 p.m. 7:00 a.m. to 7:00 p.m. Early Voting by personal appearance shall be held at the Southlake Town Hall, 1400 Main Street, 3rd Floor Training Rooms, Southlake, Texas 76092. Applications for early voting by mail shall be delivered to the City Secretary at the same address not earlier than September 7, 2007, and not later than the close of business on October 30, 2007. Applications may be delivered in person to the City Secretary not later than the close of business on October 21,2007. Early Voting by personal appearance shall be by direct recording electronic voting machines and shall be canvassed by the Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed herein shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the election shall serve as the other members of the Early Voting Ballot Board. Section 17. SUBMISSIONS TO THE UNITED STATES JUSTICE DEPARTMENT: The City Secretary of the City of Southlake is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance approval for additional length of the absentee voting period. Section 18. DELIVERY OF RETURNS: In accordance with the Code, immediately after the closing of the polls on the day of the election, the election officers named in this resolution shall make and deliver the returns of the election in triplicate as follows: One copy shall be retained by the Presiding Judge; one copy shall be delivered to the Mayor of the City; and one copy of the returns together with the ballot boxes and all election supplies shall be delivered to the City Secretary. The City Secretary in accordance with the Code shall preserve all election records and supplies. Section 19. NECESSARY ACTIONS: The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 20. SEVERABILITY: 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 21. EFFECTIVE DATE: This ordinance shall be effective upon its adoption. ?1- PASSED AND APPROVED ON FIRST READING ON THIS 2( DAY OF - AUGUST, 2007. - ~- C ) MAYOR ATTEST: ~. "",,,..11.. "'" "", ~YfHLqI(; "'" " ctJO ........ ~ " ~... ~ .... ...; "^ ~ Pa #01 * .,~~ =)-= . :~: ~:~: :w: --. . - -:.u~ : ~ ':08.. ..~ ~, ............. ,$ " ,'" "'" ** 1c ",., """'11"'" CITY SECRET AR J.. PASSED AND APPROVED ON SECOND READING ON THIS ~ DAY OF SEPTEMBER, 2007. T FORM AND LEGALITY: ~~ MA YOR ATTEST: ,"'"'''''''' ""'OdTHI A"'" ,'r-c V '-"1,~', ...' '";1 ........ ',~ .., ~ J~.. e. ''\0 , .. O~ .. ..~ ...>.-:, ~.. ~..t\; ::>-.: * ~')(: ~!::: :>5 :(.)\ :(JJ: -:. e. .. S ~ ... .... ~ " ........ ~ " ...' "'" **ir I"~"~ """..".." EXHIBIT "A" SOUTHLAKE CHARTER REVIEW 2007 CHAPTER I. INCORPORATION AND POWERS OF THE CITY 1.01. Incorporation, Corporate Name. All persons, the inhabitants of the City of Southlake, in Tarrant and Denton Counties, Texas, within the boundaries of said City now established or as hereinafter established in the manner provided by law shall continue to be a municipal body politic and corporate in perpetuity under the name "City of South lake" hereinafter referred to as the "City" with such powers, rights, authority, privileges, obligations and immunities as are herein provided. 1.02. Corporate Boundaries. The boundaries and limits of the City, until changed in the manner herein provided, shall be the same as have heretofore been established and exist on the date of the adoption of this Charter, which boundaries are more fully set out and described by metes and bounds and such boundaries, are on file in the office of the City Secretary. 1.03. Annexation. The Council shall have the power by ordinance to fix boundaries of the City and to provide for the alteration or the extension of said boundaries, pursuant to any laws of the State of Texas now or hereinafter enacted with or without the consent of the territory and the inhabitants affected where the same is not inconsistent with ~State !haw. Such ordinance shall describe the territory to be annexed. Notice shall be published and public hearings held as required by state law. Amendments not enlarging or extending the boundaries set forth in the proposed ordinance may not be incorporated into the proposed ordinance without the necessity of republication of said notice. The additional territory annexed shall be a part of the City and the property situated therein shall bear its pro rata part of the taxes levied by the City as provided by state law. The inhabitants thereof shall be entitled to.,. all the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of the City. State Law References: Municipal annexation, V.T.C.A., Local Government Code ch. 43. 1.04. Dis-Annexation. The Council may dis-annex any territory within the corporate boundaries of the City, if the Council determines the territory is not necessary or suitable for City purposes, upon its own motion if the territory is uninhabited or upon a petition signed by a majority of the qualified voters the territory if the territory is inhabited. The Ordinance and any petition shall set forth the metes and bounds of the territory to be dis-annexed and contain a plat of the territory. When the dis-annexation ordinance is passed, the dis-annexed territory shall cease to be a part of the City but the dis-annexed territory shall remain liable for its pro rata share of any indebtedness incurred while the area was a part of the City and the City shall continue to levy, assess and collect taxes on the property in the dis- annexed territory until such indebtedness has been paid. State Law References: Dis-annexation, V.T.C.A., Local Government Code S 43.141 et seq. 1.05. Form of Government. The municipal government provided by this Charter shall be known as "Council- Manager Government." Pursuant to the provisions of, and subject only to the limitations imposed by the State Constitution, ~gtate !haws and this Charter, all powers of the City shall be vested in an elective council, hereinafter referred to as the "Council." State Law References: Form of government in home rule municipality, V.T.C.A., Local Government Code ch. 26. 1.06. General Powers of the City. (a) The City shall have all 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 laws of this State, together with all implied powers necessary to carry into execution all such powers granted. (b) Among such powers, the City shall have police powers, the power to adjust boundaries, to contract and to co-operate with the government of the State of Texas 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 lesser 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, provided that it may only be sued under circumstances where its qovernmental immunity has been expressly waived by state statute or by the United States Code in accordance with and as determined by applicable state and federallaw: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. 1.07. General Powers Adopted. The enumeration of the particular powers of this Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein or implied hereby or W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 2 appropriate to the exercise of such powers. The City shall have and may exercise all powers of local self-government and all other powers which, under the Constitution and laws of the State of Texas it would be competent for this Charter specifically to enumerate. 1.08. 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 laws of the State of Texas. The power of eminent domain hereby conferred shall include the right of the City to take fee title and easement interest in the lands so condemned, and such power and authority shall include the right to condemn public or private property for such purposes. The City shall have and possess this power of condemnation of property within or without the corporate limits for any municipal or public purposes, even though not specifically enumerated herein or in this Charter. State Law References: Eminent domain, V.TC.A., Property Code ch. 21. 1.09. Power to Acquire Property Inside and Outside the City for Public Purposes. The City shall have the power to sell and to acquire by condemnation or purchase either private or public property located inside or outside of the corporate limits for public purposes. The procedure to be followed in any sale or condemnation proceeding hereunder and authorized herein shall be in accordance with the provisions of tRe ~.gtate Ihawwith referenoe to eminent dom3in. State Law References: Eminent domain, V.TC.A., Property Code ch. 21. 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 ~.gtate laws. (Amended on January 21, 1995) Editors Note: The above section may be limited by V.TC.A., Local Government Code SS 42.021 and 212.003. 1.11. Street Powers. The City shall have exclusive domain, control and jurisdiction in, upon, over and under all alleys, streets, gutters and sidewalks, situated in the City, and the power to lay_out, establish, open, alter, widen, lower, extend, grade, drain, abandon and improve streets, alleys, sidewalks, squares, parks, public places and bridges and regulate the use thereof, and require the removal from streets, sidewalks, alleys, and other public W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 3 property or places of all obstructions, telegraph, telephone or other poles, carrying electric wires or signs, encroachments of every nature or character upon any said streets and sidewalks, and to vacate and close private ways; and when a street or alley has been vacated or abandoned, the City shall have the right to sell the same at an appraised value with the present adjoining owners having the first right of refusal, as now provided by the gGeneral laws of the State of Texas. The provisions of Ch:lpter 313, Tex:ls Transportation Code, :Ire expressly adopted and made a part of the Charter. Such exclusive dominion, control and jurisdiction in, upon, over under the public streets, avenues, sidewalks, parkways, alleys and highways of the City shall also include, but not be limited to, the right to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, lines, wires or other property. (Amended on May 2, 1998). 1.12. Solid Waste Disposal. The City shall have the power to provide for and/or own a solid waste collection and disposal system as well as regulation of all sanitary land fills. The Council shall have the right by ordinance to adopt and prescribe rules and regulations for the handling of all garbage, trash and rubbish in the City, and shall further have the right to fix charges and compensation to be charged by the City for the removal of garbage, trash and rubbish, and to provide rules and regulations for the collection thereof. 1.13. Sanitary Sewer System. The City shall have the power to provide for and/or own a sanitary sewer system and to require property owners to connect their premises with such sewer systems; and to provide penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the City for sewage service, to provide rules and regulations for the collection thereof and to provide for fixing a lien against the property 2fJAe-owners ef-who which fail or refuse to pay such charges and compensation. 1.14. Water System. The City shall have the power to provide for and/or own a water system and to prescribe charges, rules, regulations, rates and restrictions with reference to use, consumption, waste, payment, cutoff, turn on, connections and management of such system, and to prescribe penalties for violation of such rules and regulations. 1.15. Parks, Playgrounds, Etc. The City shall have exclusive control of all City parks and playgrounds and shall have the power to control, regulate and remove all obstructions and prevent all encroachments thereupon and to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings, swimming pools and wading pools, tennis courts, organized sports facilities and other structures including, but not limited to, museums, libraries and art galleries. I W\southlake\charTER\2007\Charter rd001.doc (08/31107) Page 4 1.16. Department of Public Safety. The Council shall have the power, by ordinance to create a department of public safety to consist of the following divisions: (1) fire protection division: to provide means for protection against conflagrations and for guarding against fires. It may also, by ordinance, regulate or forbid the storage of lumber, building materials of any kind, flammable or explosive goods or hazardous materials, wares and merchandise of any kind; (2) police services division: to provide means to preserve order within the City, to secure residents of the City from violence, and to protect property from injury or loss (nNo person, except as authorized by general law, by this Charter, or by City ordinances, shall act as special police or special detective); and (3) any other division determined by the Council to be necessary or desirable for the public safety of the citizens. (Amended on May 2, 1998) State Law References: Private investigators and private security agencies, Vernon's Arm. Civ. St. art. 4413(29bb). 1.17. Section number reserved for future use. (Amended on May 2, 1998) Editors Note: Former S 1.17 was removed from the Charter and reserved for future use by an amendment approved by the voters of South lake on May 2, 1995. Former 1.17 pertained to police. 1.18. Health. The Council shall have the power to provide for a Health Department and to establish all necessary rules and regulations protecting the health of the City and for the establishment of quarantine stations, pest houses, emergency hospitals, and to provide for the adoption of necessary quarantine laws to protect the inhabitants against contagious or infectious diseases. Such general laws shall include the following powers, but not to the exclusion of other powers~.,. (a) The Council shall have the power by ordinance or otherwise to regulate, license and inspect persons, firms, corporations, common carriers, or associations operating, managing, or conducting any hotel or any other public sleeping or eating place, or any place or vehicle where food or drink or containers thereof, of any kind is manufactured, prepared, stored, packed, served, sold or otherwise handled within the City limits; and shall have the power to prescribe health regulations with reference to any and all workers or employees hired or used in any of said places or vehicles, or about said places and vehicles; or who deliver products to and from said places and vehicles; and shall have the power to inspect, license and regulate the sanitary condition of said W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 5 places and vehicles and to condemn all articles not wholesome or fit for human consumption. (b) The Council shall have the power to license barbers and beauticians and to prescribe health regulations with respect to their places of business, their persons and their workers and employees, and shall have the power to prescribe health regulations with respect to porters, hotel maids and domestic servants. (c) The Council shall have the power to define all nuisances and prohibit the same within the City and outside the City limits for a distance of 5,000 feet; to have power to police all parks or grounds, speedways, or boulevards owned by the City and lying both outside and inside the City; to prohibit the pollution of any stream, draw, drain or tributaries thereof, water deposit and reservoir, whether above or below the ground, which may constitute the source of storage of water supply, and to provide for policing the same, as well as to provide for the protection of any watersheds and the policing of same, to inspect, license and regulate dairies, slaughter pens and slaughter houses inside or outside the limits of the City from which meat or milk is furnished to the inhabitants of the City. (d) The Council shall have the power to provide for fixing of penalties for failure of any person, firm, corporation or association to comply with any such rules and regulations so prescribed by the Council under the provisions of this section; it being the intention to vest in the Council not only powers expressly enumerated in this section but all other powers reasonably necessary for the protection of the health of the City and its inhabitants. CHAPTER II. CITY COUNCIL AND MA VOR 2.01. Governing Body. The governing and lawmaking body of the City shall consist of the Mayor and six Council members and shall be known as the City Council. (Amended on January 21, 1995) 2.02. Elective Officers. (a) The members of the Council shall be elected and hold office provided in this Charter. All members of the Council, and the Mayor, shall be elected under the Place system. The Mayor and each member of the Council shall hold office for a three (3) year term. Upon expiration of the terms of the current Mayor and Council members, their successors shall be elected for terms as follows: Place 1 and Place 6 shall be elected for a term of two (2) years, beginning with the regular City election held on the first Saturday in May, 1991. Place 2 and the Mayor shall be elected for three (3) year terms, beginning with the regular City election held on the first Saturday in May, 1991. W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 6 Place 3. Place 4. and Place 5 shall be elected to terms of three (3) years, beginning with the regular City election held on the first Saturday in May, 1992. Upon the expiration of the above terms of the Mayor and Council members, their successors shall be elected for terms of three (3) years. All places, including Mayor, will be elected at large. (Amended on January 21, 1995; Amended on. May 2, 1998; Amended on May 5,2001) 2.03. Limitation on Successive Terms. No person shall serve as Mayor for more than two (2) successive elected terms,,- --aOO no person shall serve a~ Council member for more than two (2) ~uccessive elected terms. A term of office shall be defined as an elected period of three (3) years. +R-is provision sh311 3pply to 311 elections held subsequent to the 3doption of this Ch3rter. (Amended on January 19, 1991) 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; (5) election; no candidate may file for more than one office or position number per (6) no employee of the City shall continue in such position after becoming a candidate for an elective office. (b) Council members. 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. (Amended on January 21, 1995) I W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 7 2.05. Compensation. The members of the Council shall serve without pay or compensation; provided, however, that they shall be entitled to reimbursement for expenses in the performance of their specific duties when approved by the Council. 2.06. Presiding Officer--Duties of the Mayor. The Mayor shall preside over the meetings of the Council, and shall perform such other duties consistent with the office as may be imposed upon him/her by this Charter and by ordinances and resolutions passed in pursuance thereof. The Mavor Me--shall participate in the discussion of all matters coming before the Council and Re-shall have a vote on all matters before the Council. The Mavor may Me-sign, after authorization by the Council, all contracts and conveyances made or entered into by the City, and all bonds, warrants and any other obligation issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. The Mavor .J=Ie-_shall be recognized as the official head of the City by the courts for the purpose of enforcing military law and for all ceremonial purposes. (Amended on January 19, 1991) 2.07. Mayor Pro Tern and Deputy Mayor Pro Tern. 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. (Amended on January 21, 1995) 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 CGharter or by other law; (2) violates any expressed prohibition of this CGharter; (3) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or W:\southlake\charTER\2007\Charter rd001.doc 108/31/071 Page 8 (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 law in accordance with state law. the Texas Election Code that is 3t le3st 15 days 3fter the v3c3ncy occurs 3nd th3t is on or 3ftcr the 30th d3Y 3fter the date the election is ordered, for the purpose of filling the vacancy. If the vacancy occurs within ninety (90) d3Ys prior to 3 gener31 election, the '/ac3ncy ch311 be filled 3t the gener31 election. All vacancies filled under this Section 2.08(c) shall be for the unexpired term of the office filled. (Amended on January 21, 1995; Amended on May 2, 1998) State Law References: Uniform election dates, V.T.C.A., Election Code S 41.001. 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: (1) cancel or move a regular meeting to another day by posting a 72-hour notice in accordance with the Texas Open Meetings Act giving notice of either action; and (2) 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, and shall be held at the City Hall; provided, that the Council may designate another place for the meetings. (Amended on January 21, 1995; Amended on May 2, 1998) 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, V.T.C.A., Government Code ch. aa4,shall be considered. (Amended on January 21, 1995) 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 W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 9 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. (b) Voting, except on procedural motions, shall be by roll call or electronic device which visually indicates to those in attendance how each Council member votes. If an electronic device is used and the capacity of the Council chamber is exceeded or a member of the Councilor City staff requests it, the City Secretary shall audibly confirm the vote. The votes of Council members 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. (c) Any item requested by one (1) or more members of the Councilor 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. (Amended on January 21, 1995; Amended on May 2, 1995) 2.12. Quorum. Four (4) Council members, including the Mayor, shall constitute a quorum to do business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council, including the Mayor. A number less than a quorum may adjourn from time to time and compel the attendance of absent members. If the Council is reduced to less than four (4) members on account of vacancies, the remaining members shall constitute a quorum for the sole purpose of calling an election. (Amended on January 19, 1991) 2.13. Nepotism. The City adopts the prohibitions against nepotism as contained in the statutes of the State of Texas. (Amended on May 5, 2001) 2.14. Prohibitions. (a) No person shall be appointed to or removed from or in any way favored or discriminated against with respect to any City position or appointive City administrative W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page J 0 office because of race, sex, age, national ongln, political or religious opinions or affiliations. (b) No person shall willfully make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment under the personnel provisions of this CGharter or the rules and regulations made thereunderJ, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules and regulations. (c) No person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his/her test, appointment, proposed appointment, promotion or proposed promotion. (d) No person who holds any compensated appointive City position shall make, solicit or receive any contribution for any candidate for public office in the City or take any part in the management, affairs or political campaign of such candidate, but such person -Ae-may exercise his/her rights as a citizen to express his/her opinions and to cast his/her vote. (e) Elected officials, officers, or employees of the City having a direct or indirect interest in any proposed or existing contract, purchase, work, sale, or service to, for, or by the City shall not vote or render a decision or use that position, authority, or influence, in any manner that would result in personal betterment, financially or otherwise, to any degree. Elected officials, officers, or employees shall publicly disclose any such interest upon assumption of office or prior to consideration of any such matters. (f) No elected official, officer, or employee of the City shall ever accept, directly or indirectly, any gift, favor, privilege, or employment from any firm, individual, or corporation doing business or proposing to do business with the City of Southlake, except as may be authorized by law, resolution or ordinance. 2.15. Penalties. (a) Any person who willfully conceals such interest or willfully violates any of the prohibitions of section 2.14 shall be guilty of malfeasance in office or position and may be punished by any fine that shall be prescribed by ordinance for the offense, and shall forthwith be removed from his/her office or position. (b) Any person or corporation contracting with or making a sale to the CGity who violates the prohibitions of section 2.14 shall have such contract or sale voided by the City Manager or Council. 2.16. 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. W:IsouthlakelcharTER\2007\Charter rd001.doc (08/31/07) Page] I (Amended on January 21, 1995) CHAPTER III. RESPONSIBILITIES OF THE CITY COUNCIL A. GENERAL 3.01. Powers of the Council. All powers and authority, including determination of all matters of policy, which are expressly or by implication conferred on or possessed by the City, shall be vested in and exercised by the Council; provided, however, that the Council shall have no authority to exercise those powers which are expressly conferred upon other City officers by this Charter. 3.02. Appointment of Members of Boards and Commissions. (a) The members of all boards and commissions created by this Charter or by the Council, including, but not limited to, the Board of Adjustment and Planning and Zoning Commission, shall: (1) be appointed by the Council; and (2) serve at the pleasure of the Council and may only be removed by a majority vote of the Council unless this provision conflicts with state law, in which case the state law controls. (b) Vacancies on boards and commissions shall be filled by Council appointment of a replacement to fill the unexpired term. (Amended on May 2, 1995) 3.03. Investigative Powers of the Council. The Council shall have the power to inquire into or investigate the official conduct of any department, agency, officer or employee of the City and for that purpose shall have the power to administer oaths, subpoena witnesses, compel the production of books, papers, records or other evidence, and as it shall provide by Ordinance, to punish and fix penalties for contempt for failure or refusal to obey any such subpoena or to produce any such books, papers, records or other evidence. W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 12 3.04. Depository of City Funds. The Council is authorized to select a depository, according to state law, for the City funds. State Law References: Depositories for municipal funds, V.T.C.A., Local Government Code ch. 105. 3.05. Interference in Administrative Matters. The City Manager shall be the chief administrative officer and the head of the administrative branch of the City. Except for the purpose of inquiry or investigation, the Council and its members shall deal with the administrative departments and personnel solely through the City Manager, and no member of the Council shall give orders to any subordinate of the City Manager either publicly or privately. 3.06. Appointive Offices. In addition to the elected officers, the other officers of the City shall be the City Manager, City Secretary, City Attorney, and such other officers as the Council may from time to time direct. The Council may abolish or consolidate such offices and positions as it may deem to be in the best interest of the City and may divide the administration of such offices or positions as it may deem advisable, create new offices and positions and discontinue any office or position at its discretion except the offices of City Manager, City Secretary,! and City Attorney. (Amended January 19, 1991) 3.07. State of Emergency. (a) A state of emergency shall be deemed to exist during periods of impending or actual public crisis or disaster. A state of emergency may be declared by the vote of the Council, or by order of the Mayor, or, in the Mayor's -A-is-absence or disability, the Mayor Pro Tem, if a meeting of the Council cannot be called within the time available, whenever conditions threaten to render inadequate the normal procedures of the City for protection of persons or property. (b) During a state of emergency, the Mayor, or, in the Mayor's ffis-absence or disability, the Mayor Pro Temm shall have all the powers which would be vested in the Council as provided in the Texas Disaster Act Chapter 433, Government Code to the extent he/she considers to be reasonable, or necessary for the protection of persons or property. (c) The emergency powers herein provided shall be exercised only to the extent made necessary by the nature of the emergency and during the continuation of the state of emergency. (Amended on May 2, 1995) W:IsouthlakelcharTER\2007\Charter rd001.doc (08/31/07) Page ] 3 Editors Note: The statute cited in the above section is now found in V.T.C.A., Government Code ch. 433. State Law References: Declaration of local disaster, V.T.C.A., Government Code S 418.108. B. ORDINANCES 3.10. Validation of all Ordinances, Rules and Regulations. All ordinances, resolutions, rules and regulations of the City heretofore ordained, passed, adopted, or enacted, that are in force at the time this Charter becomes effective, and which are not in conflict with such Charter, shall remain in full force until altered, amended or repealed by the Council after such Charter takes effect. Editors Note: Provisions similar to the above section are in section 12.01. 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 Ceity 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; (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 Subsection (a) may be accomplished either by ordinance, resolution or minute order. Ordinances on first consideration and resolutions may be passed at any regular meeting or special meeting, and ordinances W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 14 on second consideration may be passed at any regular meeting; provided, that notice has been given in accordance with the Texas Open Meetings Act, Chapter 551, Government Code. (Amended on January 21, 1995; Amended on May 2, 1995) 3.12. Form of Ordinances. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title except ordinances or resolutions making appropriations or authorizing the contracting of indebtedness or issuance of bonds or other evidence of indebtedness. The enacting clause of every ordinance shall be: "Be it ordained by the City Council of the City of Southlake," but the same shall be omitted when the ordinances of the City are codified and published in a book or pamphlet form by the City. Any ordinance which repeals or amends an existing ordinance or part of the City code shall clearly set forth the provision or provisions being repealed or amended and, if amended, shall further clearly set forth the amendment being made. 3.13. Procedure for Enacting Ordinances, Publications. (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 must be a regular meeting. The caption of an ordinance must be read at a Council meeting only if a member of the public or a member of Council requests the reading before a vote is taken. The City Secretary shall ~publish the proposed ordinance in its entirety on the City website or its c3ption and penalty together with a notice setting out the time and place for a public hearing 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. (b) Except as otherwise provided by law or this Charter. the City Secretary shall qive notice of the enactment of every ordinance imposinq 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 causino the ordinance or its preamble and penaltv. to be published at least one (1) time within ten (10) days after its final passaoe. in the official City newspaper. or website if permitted by law. The affidavit of such postino or publication by the publisher of the newspaper or by the website administrator 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 W\southlake\charTER\2007\Charter rd001.doc (08/31/07\ Page] 5 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. (Amended on January 21, 1995; Amended on May 2, 1995) 3.14. Emergency Ordinance. To meet a public emergency affecting life, health, property or the public peace, or to take action on any item authorized to be discussed at an emeraency meetina as defined by the Texas Open Meetinas Act. the Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, except in conjunction with the selling of bonds, refunding bonds, notes, leases or other evidences of indebtedness, grant, renew or extend a franchise, or regulate the rate charged by any public utility for its service. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated 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. A second reading shall not be required. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least four members shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except an emergency appropriation shall automatically stand repealed as of the 61 st day following the date on which it was adopted, but this shall not prevent re- enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. 3.15. Codification of Ordinances. The City Manager, as soon as practical after the adoption of this Charter may cause to be codified and properly entered and published for public distribution or for anyone desiring same, the ordinances of the City, which codification may be revised and updated annually. W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 16 CHAPTER IV. CITY ADMINISTATION A. GENERAL 4.01. Administrative Departments. There shall be such administrative departments as are established by this Charter and may be established by .QGrdinance and excepting as otherwise provided in this Charter, these administrative departments shall be under the direction of the City Manager. The Council shall have power by QGrdinance to establish administrative departments or offices not herein provided by this Charter. The Council may discontinue, redesignate, or combine any of the departments and/or administrative offices. No changes shall be made by the Council in the organization of the administrative service of the City until the recommendations of the City Manager thereon shall have been heard by the Council. The head of each department shall be a chief, director, or superintendent who shall be appointed by the City Manager subject to the approval of the Council and such chief, director or superintendent shall have supervisory authority and financial control over his/her department. Two or more departments may be headed by the same individual and the City Manager may head one or more departments. (Amended on May 5, 2001) 4.02. Boards and Commissions. (a) Members of boards and commissions of the City shall serve without compensation; provided that they may be reimbursed for expenses incurred in the performance of their duties as board or commission members. (b) A person who holds a salaried or elected position with the City is not eligible to serve on a City board or commission. unless authorized bv vote of the City Council. +I=Hs subsection docs not prevent :I person who holds :I s:lbried or elected position with the City from serving on the bO:lrd of :In entity crc:lted under st:ltel:lw after a vote by the citizens :It :In election cre:lting the entity. (c) All boards and commissions shall maintain minutes of their meetings which shall be public records and which indicate, at a minimum, the members present, the subject of matters considered, and the result of any vote taken. The minutes shall also indicate how each member voted on each matter. (Amended on May 2, 1995) W:IsouthlakelcharTER\2007\Charter rd001.doc (08/31/07) Page 17 B. CITY MANAGER 4.10. Appointment and Qualifications. The Council, by majority vote of the entire Council, shall appoint a City Manager, who shall be the chief administrative officer of the City. The method of selection shall be left to the discretion of the Council so long as the method insures ensures orderly, non-partisan action toward securing a competent and qualified person to fill the position. The City Manager shall be chosen solely upon the basis of the person's administrative training, experience, ability and character. Neither the Mayor.. nor any Council member may be appointed City Manager or acting City Manager while holding office or for a period of two (2) years thereafter. Editors Note: See the one-year delay as to city offices in section 7.11. 4.11. Compensation. The City Manager shall receive compensation as may be fixed by the Council according to the person's experience, education and training. 4.12. Term and Removal. The City Manager may be appointed for a definite term but may be removed at the discretion of the Council, by vote of the majority of the entire Council. If removed after serving six (6) months, the City Manaoer ~may demand written charges and the right to be heard thereon at a public meeting of the Ceouncil prior to the date on which the City Manaoer's ffis-final removal shall take effect; but pending such hearing the Council may suspend the City Manaoer ffim-from office. The action of the Council in suspending or removing the City Manager shall be final. It is the intention of this Charter to vest all authority and fix all responsibilities of such suspension or removal in the Council. 4.13. Bond of City Manager. The Council shall require the City Manager before entering upon the duties of his/her office, to execute a good and sufficient surety company bond, in such amount as the Council may demand, payable to the City and conditioned for the faithful performance of the duties of his/her office. The premium of such bond is to be paid by the City. 4.14. Powers and Duties. (a) The City Manager shall be responsible to the Council for the proper administration of all the affairs of the City and to that end shall have the power and be required to: W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page ] 8 (1) In cooperation with the City Attorney, te-see that all ~State laws and City Ordinances are effectively enforced. (2) Appoint, suspend and/or remove all or anyone of the heads of departments and all subordinate officers and employees of the City. (3) +e-Eexercise control over all departments and subdivisions thereof created by this Charter, or that may hereafter be created by the Council, except as hereinafter provided. (4) ~Ssee that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof.. te-call the same to the attention of the City Attorney, whose duty it shall be to take such steps as may be necessary to enforce the same. (5) Attend all meetings of the Council except when excused by the Council. (6) Prepare a proposed budget annually and submit it to the Council on or before August 1 of each year and be responsible for its administration after its adoption. (7) +e-Aadminister the budget of the City. (8) Prepare and submit to the Council at the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. (9) Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem to the City Manaqer ffim-advisable. (10) Prepare personnel rules subject to the approval of the Council. if a rule or policv has financial implications for the City. and provide notice of all revisions to the City Council. (11) Perform such other duties as may be prescribed by this Charter or required of the City Manaqer ffim-by the Council. (b) The City Manaqer shall also have the power to siqn all contracts and conveyances made or entered into bv the City. 4.15. Acting City Manager. The City Manager, within thirty (30) days after taking office, shall designate by letter filed with the City Secretary, a qualified administrative officer of the City to perform the duties of the City Manager in his/her absence or disability. Such designation shall be subject to approval of the Council. No member of the City Council nor the City Secretary shall serve as Acting City Manager. Upon resignation or termination of the City Manager, the Acting City Manager shall perform the duties of the City Manager until a new City Manager or Acting City Manager is appointed by the Council. W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page] 9 Should the need for an Acting City Manager occur prior to the City Manager submitting a designee or prior to the Council's approval of the City Manager's designee, the Council shall appoint an Acting City Manager. The City Manager may select a different Acting City Manager by repeating the letter of designation and obtaining the Council's approval. (Amended on January 19, 1991) C. CITY SECRETARY 4.20. Appointment. The Council shall appoint a City Secretary who shall report to the Council and act as the Secretary to the Council and shall hold office at the pleasure of the Council. The City Secretary shall be entitled to a seat at the Council table at all official meetings. 4.21. Duties of the City Secretary. The duties and powers of the City Secretary shall be as follows: (1) Record the minutes of all official meetings of the Council; provided, however, only the captions of duly enacted QGrdinances and [Resolutions shall be recorded in the minutes. (2) Be the custodian of all municipal records of the Council. (3) Recommend to the Council rules and regulations to be adopted by QGrdinances to protect the safety and security of the municipal records. (4) Hold and maintain the City Seal and affix iLto all instruments requiring such seal. (5) To inquire into or investigate the genuineness of any signature on and the factual sufficiency of any initiative, referendum or recall petition filed with the City Secretary in accordance with the provisions of this Charter, and for that purpose the City Secretary shall have the power to administer oaths, subpoena witnesses, compel the production of books, papers, records, and other evidence. (6) Perform such other duties as may be required by the Council. 4.22. Compensation. The Council shall set the compensation of the City Secretary. WIsouthlakelcharTER\2007\Charter rd001.doc (08/31107) Page 20 CHAPTER V. COURTS 5.01. Purpose of the Municipal Court. There shall be established and maintained a court, designated as a Municipal Court for the trial of misdemeanor offenses, with all such powers and duties as are now, or may hereafter be prescribed by the Laws of the State of Texas relative to Municipal Courts. 5.02. Judge of the Court. The City Council shall by ordinance appoint one or more judges of the Municipal Court. A Judge shall be a resident of this state, be a citizen of the United States, a licensed attorney in good standing, licensed to practice in the State of Texas, and must have two (2) or more years of experience in practicing law in this state. A Judge shall serve for a two (2) year term. subiect to removal by a maiority vote of the City Council after an opportunity for a public hearina. The Council shall fix the compensation for the Judge(s), in accordance with ~State law, and such compensation shall never be based on the fines assessed or collected. If a vacancy occurs in the office of a municipal judge of a court of record, the Csity Csouncil shall by ordinance appoint a qualified person to fill the office for the remainder of the unexpired term. (Amended on January 21, 1995; Amended on May 5,2001) Editors Note: V.T.C.A., Government Code 9 30.486(g), provides that the judge is not required to be an attorney in a municipality of less than 10,000 in population. V.T.C.A., Government Code 9 30.482, provides that the manner of selection of the judge is determined by the voters of the city. 5.03. Clerk of the Court. There shall be a Clerk of said court appointed by the City CouncilManager. The Clerk of said court and such deputies as said Clerk may appoint, shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto, and generally do and perform any and all acts usual and necessary as performed by clerks and deputies of courts. The Council shall require the Court Clerk, before entering upon the duties of the office, to execute a good and sufficient surety company bond, in such amount as the Council may demand, payable to the City and conditioned for the faithful performance of the duties of the office. The premium of such bond is to be paid by the City. Editors Note: V.T.C.A., Government Code 9 30.488, provides that the governing body of the city appoints the clerk. W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 2] 5.04. Section number reserved for future use. Editors Note: Former S 5.04 was removed from the Charter and reserved for future use by an amendment approved by the voters of Southlake on May 5, 2001. Former 5.04 pertained to absence of Municipal Judge. 5.05. Fines. All monies received as court imposed fines or penalties shall be paid into the general fund of the City treasury. CHAPTER VI. CITY ATTORNEY 6.01. City Attorney. The Council shall appoint a competent, duly qualified, licensed and practicing attorney in the State of Texas, to be an attorney for the CGity, hereinafter referred to as the "City Attorney." The City Attorney Me-shall serve at the discretion of the Council and Re-shall receive for his/her services such compensation as may be fixed by the Council. The City Attorney shall be the adviser of, and attorney for, all of the offices and departments of the City, and Re-shall represent the City in all litigation and legal proceedings; provided, that the Council may retain special counsel at any time they deem same appropriate and necessary. The City Attorney ./=Je-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 the Charter, by Ordinance, or as directed by the Council. The Council may contract with an attorney or with a firm of attorneys who may designate one (1) member of said firm, with Council approval, to serve as City Attorney. 6.02. City Prosecutor. All cases in Municipal Court shall be prosecuted by the City Attorney or such assistant attorneys as the Council may authorize. CHAPTER VII. ELECTIONS A. GENERAL 7.01. City Elections. The regular City Election shall be held annually on the first Saturday in May, or as otherwise provided by state law, at which time members of the ooverninq body Officers will be elected to fill those offices, the terms of which expire that year. All oeneral and special elections shall be held in accordance with the laws of the State of Texas reoulatino the holdinq of municipal elections and in accordance with this Charter and W:IsouthlakelcharTER\2007\Charter rd001.doc (08/31/07) Page 22 ordinances or resolutions adopted by the Council for the conduct of elections. +Ae Council shall fix the hours and place for holding such election. Notice of the election shall be published once 3 '....eek for two (2) consecutive weeks in the ne\\'sp3per of record for the City, the first of such public3tions to be not less th3n thirty (30) days before the election. In the order, ordin3nce, or resolution of the Council c311ing 3ny election, 3t which more th3n one (1) Council member sh311 be elected, the Council Sh311, in calling such election, provide for a sep3rate place on the b3110t for each vacancy to be filled 3t such election; design3ting such places 3S Pl3ce No. One, Pl3ce No. Two, etc.; and in case an unexpired term is to be filled at such election, the place for the unexpired term shall be so designated. (Amended on January 19, 1991) Editors Note: The methods of giving notice of an election are provided in V.TC.A., Election Code S 4.003. 7.02. Special Elections. The Council, by ordinance or resolution, may call such special elections as are authorized by tRe--2State law, this Charter, or for any other reason the Council deems necessary, fix the time and place of holding same, and provide all means for holding such special elections, provided that every special election shall be called and held as nearly as practicable, according to the provisions governing regular elections. Editors Note: The dates for special elections are provided in V.TC.A., Election Code S 41.001. 7.03. Regulation of Elections. /\11 general 3nd speci31 elections sh311 be held in 3ccord3nce ,..:ith the 13'NS of the St3te of Texas regul3ting the holding of municip31 elections and in accordance \.\'ith this Ch3rter 3nd ordin3nces or resolutions 3dopted by the Council f.or the conduct of elections. The Council shall appoint the election judges and other election officials and sh311 provide for the compens3tion of 311 election offici31s in the City elections 3nd for 311 other expenses in holding s3id elections. The election judges sh311 m3ke provisions for the recount of ballots in case of doubt or fraud. They shall also be authorized to prevent unl3wful praotices such 3S electioneering or loitering ne3r voting pl3ces. S3mple b3110ts identic31 to the voting form3t for the election sh311 be posted in the voting pl3ce for the benefit of the voters. Editors Note: Election clerks 3re 3ppointed 3S provided in V.TC.A., Election Code S 32.031. 7.0~4. Exception of Election Code. In the event there is a conflict between any of the provisions of this article and the Texas Election Code or an omission of any elements or provisions necessary for the W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 23 conducttaR- of an election, then those provisions of the Texas Election Code then existing shall prevail. B. FILING FOR OFFICE 7.10. Filing for Office/Procedures. (3) Each candidate for an elective office shall meet the qualifications set forth In Section 2.04. (b) Except for 3 speci31 election to fill 3 'I3C3ncy, 3ny person so qU31ified who desires to become a candidate for election shall file an application with the City Secretary, not e3rlier th3n seventy five (75) d3Ys nor bter th3n forty five (15) d3Ys prior to the election date. Such an application shall be in compli3nce '.\'ith the Texas Election Code. (c) 'Nithin five (5) days after the filing of an 3pplication, the City Secretary sh311 notify the c3ndid3te \vhether or not the 3pplic3tion s3tisfied the requirements prescribed by this Ch3rter. If an application is found insufficient, the City Secretary shall return it immedi3tely to the c3ndid3te 'Nith a st3tement certifying wherein it is insufficient. VVithin the regubr time for filing 3pplications, 3 nO'N 3pplic3tion m3Y be filed by the S3me candid3te. The City Secretary shall keep on file all applications found sufficient at least until the expir3tion of the term of which the c3ndid3tes 3re nomin3ted in those applications. 7.11 Holding Other Office. No person elected to the Council shall, during the term for which he/she is elected to the Council, be appointed to any compensated office, position, or employment in the service of the City, and no former member of the Council shall hold any compensated, appointive city office or employment until one year after the expiration of the term for which he/she is elected to the Council. If any member of a board or commission appointed by the Council shall become a candidate for election to any public office of the City, he/she shall immediately upon ffis becoming a candidate forfeit his/her place as a member of such board or commission. If any appointive officer of the City wAe-shall become a candidate for election to any public office, he/she shall immediately upon becoming a candidate forfeit the office held within the City. If any employee of the City shall become a candidate for election to any public office of the City of Southlake, he/she shall, immediately upon becoming a candidate, forfeit the employment held within the City. (Amended on January 19, 1991; amended on May 5, 2001 ) Editors Note: See the two-year delay as to the office of city manager in section 4.10. W:IsouthlakelcharTER\2007\Charter rd001.doc (08/31/07) Page 24 C. ELECTION PROCEDURES 7.20. Official Ballots. (::1) C::1ndid::1toc N::1mes on B::1l1ots: Tho n::1mos of ::111 c::1ndid::1tes 'Nho h::1ve filed for office sh::111 bo printed on tho offici::11 b::1l1ots INithout p::1rty design::1tion. The order on the ballot of the names of tho c::1ndidates for each offico or position shall be determined by lot in ::1 dr::1'....ing to be held under tho suporvicion of the City Socrotary. (b) Absentee B::1l1oting: Voting ch::111 be governed by the Tex::1s Election Codo. (c) \^.'rite In Votes: There must be space for e::1ch position on the b::1l1ot for tho '.'oter to 'Nrito in ::1 n::1me for a potenti::11 c::1ndid::1to. Thore C::1n be no writo in votes in ::1ny run off election. Editorc Noto: In V.T.C.A, Election Codo ch. 81 et seq., "::1bsentee voting" h::1s boon changed to "early voting.", 7.21. Canvassing and Election Results. Roturns of every municip::11 election shall be delivered forth'.vith by the election judges to the City Socret::1ry with ::1 copy of the returns being sent to tho M::1Yor. The Council sh::111 C::1nvass the returns, in'lestig::1te tho qU::1lifications of tho c::1ndid::1tes ::1nd decl::1re the offici::11 results of the election prior to the first regular Council meeting follO'.\'ing delivery of the votes to the City Secret::1I)' ::111 in accord::1nce with the Tex::1s Eloction Code. The results of every municipal election shall be recorded in tho minutes of the Council. The qU::1lified porcon recoiving ::1 m::1jority of tho votes C::1st for ::1ny office sh::111 thereupon be decl::1red elected by s::1id Council. The decision of the Council, ::1S to qU::1lific::1tions of c::1ndidates, shall be conclusive ::1nd final for all purposes. State Law References: Canvassing elections, V.T.C.A, Election Code ch. 67. 7.2Q2. Election By Majority/Run-Off Elections. If no candidate receives a majority of all the votes cast for an office, the Council shall immediately upon declaring the official results of the election, order a run-off election for each office to which no one was elected. Such run-off election shall be held on the fourth consecutive Saturday following the general election and in such run-off election the two (2) candidates who received, in the preceding election, the highest number of votes for each office to which no one was elected, shall be voted on again by the qualified voters, and the candidate who receives the majority of the votes for each such office in the run-off election shall be elected to such office. 7.23. Notification of City Officers. The City Secretary, with the concurrence of the Council, sh::111 promptly notify ::111 persons elected to office. ^ c::1ndid::1to who is electod in ::1 regul::1r cpeci::11 or run off city eloction shall, after t::1king tho oath of office ::1S prescribed horein, t::1ko office, and onter upon his dutios ::1t tho next council mooting ::1fter the d::1te of the election. W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 25 7.214. 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 the oath of office required bv the Texas Constitution. to the following ::lpplic::lble oath or ::lffirm::ltion to be filed ::lnd kept in the office of the City Secret::lry. (::l) For elected officers: "I , do solemnly S'Near (or affirm) that I '.'.'iII faithfully execute the duties of " of the City of Southbke, St::lte of Tex::ls, :md will to the best of my ::lbilit)' preserve, protect, ::lnd defend the Constitution ::lnd L::lWS of the United St::ltes of America and of this State and the Charter and Ordinances of this City. I furthermore solemnly swe::lr (or ::lffirm) th::lt I h::lve not directly nor indirectly p::lid, offered, or promised to pay, contributed, nor promised to contribute any money or v::llu::lble thing, or promised ::lny public office or employment, ::lS ::l rew::lrd for the giving or withholding of::l vote ::It the election ::It which I Vl::lS elected. So help me God." (b) For ::lppointed officers: "I , do solemnly s.....e::lr (or ::lffirm) th::lt I v:ill faithfully execute the duties of the office of , of the City of Southlake, State of Tex::ls, ::lnd '.vill to the best of my ::lbility preserve, protect, ::lnd defend the Constitution ::lnd L::lwS of the United States of I\meric::l ::lnd of this St::lte ::lnd the Ch::lrter ::lnd Ordinances of this City. I furthermore solemnly swear (or affirm) that I have not directly nor indirectly p::lid, offered, or promised to P::lY, contributed, nor promised to contribute any money or \'::lluable thing, or promised any public office or employment, as ::l re'#::lrd to secure my ::lppointment or the confirm::ltion thereof So help me God." D. INITIATIVE, REFERENDUM AND RECALL 7.30. Initiative, Referendum and Recall General Authority (a) Initiative: The qualified voters of the City shall have power to propose ordinances to the Council, and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a City election, provided that such power shall not extend to the budget or capital program or any ordinance relating to zoning, appropriation of money, levy of taxes, issuance of bonds and notes, borrowing of money or salaries of City officers or employees. Such initiative power may be used to enact a new ordinance, or to repeal or to amend sections of any existing ordinances. (b) Referendum: The qualified voters of the City shall have power to require reconsideration by the Council of any adopted ordinance, and if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or capital program or any emergency ordinance or ordinance relating to zoning, appropriation of money or levy of taxes, issuance of bonds and notes or borrowing of money. (c) Recall: The qualified voters shall have the power to recall any elected official of the City. Such power shall be exercised by filing with the City Secretary a petition, signed by currently qualified voters of the City equal in number to at least twenty (20) percent of the total number of qualified voters registered to vote at the last regular City W:\southlake\charTER\2007\Charter rd001.doc (08/31107) Page 26 - election, demanding the removal of such elected official. The recall petition must specifically state each ground or grounds upon which such petition for removal is predicated as to give the officer sought to be removed notice of the matters and things with which the officer lle-is charged. The provisions regulating initiation, certification, amendment, withdrawal of initiative and referendum petitions and submission to voters shall apply to recall petitions. The ballot used at recall elections shall conform to the following requirements: (1) With respect to each person whose removal is sought, the question shall be submitted "Shall (Name) be removed from the office of (the City Council/Mayor)" (2) Immediately below each such question there shall be printed the two following propositions, one above the other, in the order indicated: "For the recall of (Name)" "Against the recall of (Name)" 7.31. Commencement of Proceedings; Petitioners' Committee; Affidavit. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the City Secretary an affidavit stating they will constitute the Petitioners' Committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to-be reconsidered. Promptly after the affidavit of the petitioners' committee is filed... the City Secretary shall issue the appropriate petition blanks to the Petitioners' Committee. 7.32. Petitions. (a) Number of Signatures: Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least twenty (20) percent of the total number of qualified voters registered to vote at the last regular City election. (b) Form and Content: All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the signer's printed name, the county of registration, the signer's residence address, date of signing, and any other information required by state law. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of Circulator: Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof stating that he/she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his/her presence, that he/she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity W:\southlake\charTER\2007\Charter rd001.doc 108/31/07) Page 27 before signing to read the full text of the ordinance proposed or sought to be reconsidered. (d) Time for Filing Petitions: Referendum petitions must be filed within sixty (60) days after adoption by the Council of the ordinance sought to be reconsidered. Initiative petitions must be filed within sixty (60) days after issuance of the appropriate petition blanks to the Petitioners' Committee; additional time as specified in 7.33 shall be allowed for amending petitions. All petitions shall be filed with the City Secretary. (Amended on May 2, 1995) 7.33. Procedure After Filing. (a) Certificate of Secretary; Amendment: (1) Upon the filing of a petition, the City Secretary shall review the petition to determine the existence of the requisite number of signatures of qualified voters and whether the form of the petition complies with the provisions of this Charter. The City Secretary shall also review the petition to determine the genuineness of the signatures and the factual sufficiency of the petition upon a written complaint submitted under oath by a citizen of the City to the City Secretary. The Council may provide.!. by ordinance.!. the punishment and penalties for contempt for failure or refusal to obey any subpoena, or request for production of evidence issued by the City Secretary. (2) Within ten (10) days after the petition is filed, the City Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the Petitioners' Committee by registered mail. (3) A petition certified insufficient for lack of the required number of valid signatures or due to inadequate form or content may be amended once if the Petitioners' Committee files a notice of intention to amend it with the City Secretary within five (5) days after receiving the copy of this certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of subsections (b) and (c) of 7.32 and.!. within five (5) days after it is filed.!. the City Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the Petitioners' Committee by registered mail as in the case of an original petition. (4) If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the Petitioners' Committee does not elect to amend as provided in this subsection (a) or request Council review under subsection (b) of this section within the time required, the City Secretary shall promptly present this certificate to the Council and the certificate shall then be a final determination as to the sufficiency of the petition. (b) Council Review: If a petition has been certified insufficient and the Petitioners' Committee does not file notice of intention to amend it or if an amended petition has W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 28 been certified insufficient, the Committee may, within five (5) days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as to the sufficiency of the petition. (c) Court Review; New Petition: A final determination as to the sufficiency of a petition shall be subject to court review, provided such petition is presented to the court within ten (10) days of the final determination by the City Secretary or the Council if Council review was requested. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose. 7.34. Referendum Petitions; Suspension of Effect of Ordinance. When a referendum petition is filed with the City Secretary, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition, or (2) The Petitioners' Committee withdraws the petition, or (3) The Council repeals the ordinance, or (4) Upon the certification of the election results by the election officials. 7.35. Action on Petitions. (a) Action by Council: When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner prescribed for enacting ordinances or reconsider the referred ordinance by voting its repeal. If the Council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City. (b) Submission to Voters: The vote of the City on a proposed or referred ordinance shall be held on the next election date authorized by the Texas Election Code that is at least thirty-two (32) days after the date of the final Council vote thereon. Copies of the proposed or referred ordinance shall be made available at the polls and shall be published at least once in the official newspaper of the City within fifteen (15) days before the date of the election. (c) Withdrawal of Petitions: An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the City by filing with the City Secretary a request for withdrawal signed by at least four (4) members of the Petitioner's Committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 29 (d) Withdrawal.QtSignatures: No signature shall be withdrawn from any petition after such petition has been filed with the City Secretary. State Law References: Uniform election dates, V.T.C.A., Election Code S 41.001. 7.36. Results of Election for Initiative and/or Referendum. (a) Initiative: If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum: If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. 7.37. Results of Recall Election. If a majority of the votes cast at a recall election shall be against removal of the elected official named on the ballot, said elected official fle-.shall continue in office. If the majority of the votes cast at the election be for the removal of the elected official named on the ballot, the Council shall immediately declare said elected official's ffis-office vacant and such vacancy shall be filled in accordance with provision 2.08 of this Charter for the filling of vacancies. 7.38. Limitation on Recall. No recall petition shall be filed against an elected official within six (6) months after said elected official fle-.takes office. 7.39. Public Hearing. The elected official whose removal is sought may, within five (5) days after such recall petition has been presented to the Council, request that a public hearing be held to permit said elected official .J::Hm--to present facts pertinent to the charges specified in the recall petition. In this event, the Council shall order such public hearings to be held, not less than five (5) days nor more than fifteen (15) days after receiving such request for a public hearing. 7.40. Failure of City Council to Call an Election. In case all of the requirements of this Charter shall have been met and the Council shall fail or refuse to receive the initiative, referendum or recall petition, or order such initiative, referendum or recall election, or discharge other duties imposed upon said Council by the provisions of this Charter with reference to such initiative, referendum or recall, then the County Judge of Tarrant County, Texas, shall discharge any such duties herein provided to be discharged by the City Secretary or by the Council. In addition, any qualified voter in the City may seek judicial relief in the district court of Tarrant W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 30 County, Texas, to have any of the provisions of this Charter pertaining to initiative, referendum or recall carried out by the proper official. CHAPTER VIII. TAXES *Editors Note: V.T.C.A., Tax Code ch. 1 et seq., supersede any provision of a municipal Charter relating to property taxation (V.T.C.A., Tax Code S 1.02). 8.01. Power to Tax. The Council shall have the power granted to municipalities by the Constitution and laws of the State of Texas to levy, assess and collect lawful taxes on property within the territory of the City, not to exceed the maximum limits set by the constitution and laws of the State of Texas. 8.02. Appraisal and Assessment of Taxable Property. All taxable property situated within the corporate limits of the City on the first day of January of each year, not expressly exempt by law, shall be subject to yearly taxation by the City. As prescribed by state law, the assessed value of such property shall be one-hundred (100) percent of its appraisal value on January 1 as determined by the Tarrant Appraisal District or its successor. 8.03. Taxes--When Due and Payable. All taxes due the City shall be payable at the office of the Tax Collector, who shall be designated by the Council, and may be paid at any time after the tax rolls for the year have been completed and approved, which shall be no later than October 1st. Taxes shall be paid on or before January 31 st, of each year following the year for which the taxes are levied, 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 prescribed by State law. The Council may provide further by ordinance all taxes, either current or delinquent, due the City may be paid by installments. 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 objection obliqation to pay such current or past due taxes as shown to be payable by recheck of the rolls and receipt for the years in question. The Council shall be prohibited from waiving penalties and interest, allowing discounts, and extending time for payment of taxes. (Amended on January 19, 1991) 8.04. Tax Liens. The tax levied by the City is hereby declared to be a lien, charge, or encumbrance upon the property as of January 1 st of each 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 W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 31 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 also as against the unknown heirs of any person who owns the property upon which the tax is due and also as against non-residents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, and such lien may be foreclosed in any court having jurisdiction. Such lien shall be, prior to all other claims, and no gift, sale, assignment or transfer of any kind, or judicial writ of any kind, can ever defeat such lien. 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. 8.05. Arrears of Taxes Offset to Debt Against City. The City shall be entitled to counterclaims and offset against any debt, claim, demand or account owed by the City to any person, firm or corporation who is in arrears to the City for taxes, in the amount of taxes so in arrears, and no assignment or transfer of such debt, claim, demand or account after the said taxes are due, shall affect the right of the City to so offset the said taxes against the same. 8.06. Tax Remission Discount and Compromise, Correction of Error. Except as herein provided, neither the Council nor any other official of the City shall extend the time for payment of taxes nor remit, discount or compromise any tax due the City, nor waive the penalty and interest that may be due thereon to any persons, firms, or corporations owing taxes to the City for such year or years; provided, however, that this provision shall not prevent the compromise of any tax suit, or the correction of any errors in assessment, or preparation of tax rolls, or preparation of a tax statement. Such compromise or correction of errors shall first have the approval of the Council. 8.07. Other Rules and Regulations. Except as otherwise provided by law or this Charter, the Council shall have the power to provide by ordinance such rules, regulations and mode of procedure to enforce the collection by and payment to the City's Tax Assessor and Collector of all taxes due the City as it may deem expedient, and may provide such penalty and interest as prescribed by state law for the failure to pay such taxes. W:\southlake\charTER\2007\Charter rd001.doc 108/31/07\ Page 32 - CHAPTER IX. FINANCE A. BUDGET 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. 9.02. Annual Budget. Operating Budget. The operating budget shall provide a complete financial plan of all City Funds and activities and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the 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, and indicate any major changes from the current year in financial policies, expenditures, and revenues, with reason for such changes. It shall also summarize the City's debt position and include such other material as the City Manager deems advisable. The budget shall begin with a clear, general summary of its contents, shall show in detail all estimated income, indicating the proposed property tax levy, property value to which it is to be applied, and all proposed expenditures, including debt service, for the ensuing fiscal year. The proposed budget expenditures shall not exceed the total of estimated income and unencumbered funds from previous years. The budget message shall be so arranged as to show comparative figures of the prior year, actual and estimated income, and expenditures of the current fiscal year, all compared to the estimate of the budgeted year. It shall include in separate sections: (a) An itemized estimate of the expense of conducting each department, division and office; (b) Reasons for proposed increases or decreases of such items of expenditure compared with the current and prior fiscal year; (c) 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; (d) A statement of the total probable income of the City from taxes for the period covered by the estimate; (e) Tax levies, rates, property values, and collections for the preceding five (5) years; (f) An itemization of all anticipated revenue from sources other than the tax levy; W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 33 (g) The amount required for interest on the City's debts, for sinking fund and for maturing serial bonds; (h) The total amount of outstanding City debt, with a schedule of maturities on bond issues; (i) 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; U) Such other information as may be required by the Councilor deemed desirable by the City Manager. 9.03. Capital Facilities and Property Budget. A five (5) year Capital Facilities and Property budget, which may be revised and extended each year to indicate capital improvements pending or in process of construction or acquisition, shall provide the following items: (a) A summary of proposed programs; (b) A list of all capital facilities and property 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 with the estimated effect on the tax levy and; (d) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired over the five (5) year period. 9.04. Submission. The City Manager shall submit to the Council a proposed budget and accompanying message on or before the fifteenth day of August of each year. The Council shall review the proposed budget and revise it as deemed appropriate prior to the general circulation for public hearing. (Amended on May 5, 2001) 9.05. Public Notice and Hearing. The public notice and hearinq shall be held in accordance with state law. The Council Sh311 post in tho City H311 3nd publish in tho offici31 newsp3por not more th3n fourtoon (11) days prior to each public hearing on tho budget a notice st3ting tho time and pl3ce whore copios of tho mocc3go and budget 3re 3'.'3i13blo for incpoction by tho public, and tho timo 3nd pl3co of each public hearing on the budget. The Council shall adopt the W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 34 budget by ordin~mce only 3fter two (2) public he3rings 3t t\vo sep3r3te council meetings ,which shall be regular meetings. (Amended on January 19, 1991) . Editors Note: Notice of public hearings is required in V.T.C.A., Local Government Code SS 1 02.006(c) and 102.0065. 9.06. Amendment before Adoption. After the public hearings, at a regular or special meeting, the Council may adopt the budget with or without amendment. In amending the budget, it may add or increase any 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 than the total of estimated income plus funds available from prior years. 9.07. Adoption. The Council shall adopt the budget by ordinance not later than the 30th day of September. Adoption of the budget will require an affirmative vote of at least four of all the members of the Council. Adoption of the budget shall constitute appropriations of the amount specified therein as expenditures from the fund indicated, and shall constitute a levy of the property tax therein proposed. 9.08. Defect Shall Not Invalidate Tax Levy. Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate. 9.09. Failure to Adopt a Budget. If the Council fails to adopt the budget by the 15!h day of September 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 Council adopts a budget for the ensuing fiscal year. The levy of property tax normally approved as a part of the budget adoption will be set to equal the total current fiscal year receipts, unless the ensuing fiscal year budget is approved by September 30th of the current fiscal year. 9.10. Public Records. Copies of the approved operation budget, capital facilities and property budget and supporting papers shall be filed with the City Secretary and shall be public records available to the public upon request. W:IsouthlakelcharTER\2007\Charter rd001.doc (08/31107) Page 35 9.11. Specified Reserve Fund. Specified reserve funds may be created for specific purposes, and may be used only for such purposes. B. AMENDMENTS AFTER ADOPTION 9.20. Supplemental Appropriations. If during the fiscal year the City Manager certifies that there are revenues available for appropriation in excess of those estimated in the budget, the Council may make supplemental appropriations to fund the appropriations as desired or carry the excess into the next fiscal year. 9.21. 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 Council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with the provisions of 3.14 of this Charter. In such case, the Council may by emergency ordinance, authorize the issuance of emergency notes, but the emergency notes and renewals shall Ret--be paid not later than the last day of the fiscal year next succeeding that in which the emergency appropriations were made. State Law References: Emergency expenditure, V.T.C.A., Local Government Code S 102.009. 9.22. 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, the City Manaoer Re-shall report to the Council without delay, indicating the estimated amount of the deficit, any remedial actions taken by the City Manaoer ffim-and his/her recommendations as to any other steps to be taken. The Council shall then take such further action as it deems necessary to prevent or minimize any deficit.. and for that purpose the Council may by ordinance reduce one or more appropriations. 9.23. 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 Council may by ordinance transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. 9.24. Limitations. W:\southlake\charTER\2007\Charter rd001.doc 108/31/07) Page 36 No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the amount of the unencumbered balance thereof. 9.25. Effective Date. The supplemental and emergency appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption of the ordinance or budget amendments. c. BORROWING 9.30. Authority to Incur Indebtedness. The Council shall have the power to incur, create, refund and refinance indebtedness and borrow money for public purposes; to issue special or general obligation bonds, revenue bonds, funding and refunding bonds, time warrants and other evidences of indebtedness and to secure and pay the same in the manner and in accordance with the procedures provided and required by state law. State Law References: Municipal bonds, Vernon's Ann. Civ. St. art. 701 et seq. 9.31. 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 law and this Charter and to issue refunding bonds to refund outstanding bonds previously issued. All such bonds shall be issued in conformity with the laws of the State of Texas and shall be used only for purposes for which they were issued. Any bond, excluding refunding bonds, to be issued under the provisions of this section shall not be issued without an election held in accordance with the provisions of state law. 9.32. 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 laws of the State of Texas, 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 the laws of the State of Texas. 9.33. 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 W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 37 exchange for outstanding bonds previously issued shall and after said exchange, be incontestable. 9.34. Borrowing in Anticipation of Property Tax. In any budget year, the 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. 9.35. Use of Bond Funds. Any and all bond funds approved by a vote of the citizens of South lake will be expended only for the purposes stated in the bond issue. 9.36. Certificates of Obligation. All certificates of obligation issued by the City shall be approved by ordinance and issued in accordance with the laws of the State of Texas. 9.37. Sale of Bonds. No bonds issued by the City shall be invalid because they are sold for less than par value and accrued interest. The Council shall have the right to reject any or all bids. D. ADMINISTRATION OF BUDGET 9.40. 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 the City Manaqer's ffis-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 or payment or incurring of obligation in violation of the provisions of this Charter shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligations, and said officer Re-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. 9.41. Financial Reports. The City Manager shall submit to the Council at its second formal meeting each month the financial condition of the City budget items, and budget estimates versus accruals for the preceding month and for the fiscal year to date. Such records are to be made W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 38 public by the 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 Steering Committee on Governmental Accounting. 9.42. Independent Audit. At the close of each fiscal year, and at such times as it may be deemed necessary, the Council shall cause an independent audit to be made of all accounts of the City by a Certified Public Accountant. The Certified Public Accountant shall have no personal interest, directly or indirectly, in the financial affairs of the City or any of its officers. Upon completion of the audit, the audit shall be immediatelv posted on the City's website in its entirety the results thercof in 3 summ31)' form shall be published immediately in the official ne'l.'spaper of the City and copies of the audit placed on file in the City Secretary's office as a public record. 9.43. Purchasing. The Council may, by ordinance, confer upon the City Manager general authority to contract for expenditures without further approval of the Council for all budgeted items not exceeding limits set by the Council. All contracts for expenditures involving more than the set limits must be expressly approved in advance by the Council. All contracts or purchases involving more than the limits set, shall be let to the lowcst most responsible bidder whose submittal is among those most responsive to the needs of the City after there has been opportunity for competitive bidding as provided by law or ordinance; provided that the Council, or City Manager in such cases as he/she is authorized to contract for the City, shall have the right to reject any and all bids. Emergency contracts as authorized byJaw and this Charter may be negotiated by the Council, or City Manager if given authority by the Council, without competitive bidding. Such emergency shall be declared by the City Manager and approved by the Councilor may be declared by the Council. State Law References: Purchasing and contracting authority of municipalities, V.T.C.A., Local Government Code ch. 252. 9.44. Lapse of Appropriations. Every appropriation, including capital expenditure, shall lapse at the close of the fiscal year to the extent that it has not been extended 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. W\southlake\charTER\2007\Charter rd001.doc (08/31107) Page 39 CHAPTER X. FRANCHISE AND PUBLIC UTILITIES 10.01. Powers of the City. In addition to the City's power to buy, construct, lease, maintain, operate, sell and regulate public utilities 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 laws of the State of Texas. 10.02. Power to Grant Franchise. (a) The sole riaht of control. easement. use, ownership of and title to the public streets. sidewalks. hiahwavs. bridaes. allevs, public places. and other real property of the City is hereby declared to be inalienable. except bv ordinance adopted bv a maioritv of the City Council. (b) The Council shall have the power by ordinance, after public hearing, to grant, renew, and extend all franchises for all public utilities of every character operating within the City and, with consent of the franchise holder, to amend the same, provided, however that no franchise shall be granted for an indeterminate term, and that no franchise shall be granted for a term of more than twenty (20) years from the date of the grant, renewal or extension. Council action on all ordinances granting, renewing, extending or amending a public utility franchise shall comply with the applicable provisions set forth in Section 3.13 of this Charter. 10.03. 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. 10.04. Transfer of Franchise. No public utility franchise shall be transferable except with the approval of the Council expressed by ordinance following a public hearing. The term "transferable" as used herein, shall not be construed in such a manner as to prevent the franchise holder from pledging said franchise as security for a valid debt or mortgage. 10.05. Right of Franchise. (a) Whether or not it is stated in the franchise ordinance. aAII grants, renewals, extensions, or amendments of public utility franchises shall be subject to the right of the City, as provided by ordinance~.,. (1a) 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. W:\southlake\charTER\2007\Charter rd001.doc 108/31/07) Page 40 (g,a) 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. (~) To impose regulations to ensure safe, efficient and continuous service to the public. (19) To require at any time such compensation and rental as may be permitted by the laws of the State of Texas. tet To require the fr::mchiGee to restore at the fr::mchisee's expense, ::111 public or private property to a condition equally as good as or better than before disturbed by construction, rep::1ir or remov::11. The fr::1nchiGe holder in opening and refilling of ::111 earth openings shall re lay the pavement and do all other v:ork necessary to complete restor::1tion of streets, sidew::1lks or grounds to ::1 condition equ::1l1y ::1S good or bettor ::1S when disturbed. (f) (5) 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. (eb) Whether or not it is stated in this franchise ordinance. the franchisee shall restore at the franchisee's expense. all public or private property to a condition equally as Qood as or better than before distributed by construction. repair or removal. The franchise holder in openinq and refillinq of all earth openinqs shall re-Iay the pavement and do all other work necessary to complete restoration of streets. sidewalks or qrounds to a condition equally as qood or better as when disturbed. 10.06. Regulation of Rates. The 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 operating in the City, provided that no such ordinance shall be passed as an emergency measure. Upon receiving a request from a public utility franchise holder requesting a change in rates, the Council shall call a public hearing for consideration of the change. All such franchise holders who shall request an increase in rates, charges, or fares shall have, at the hearing of the Council called to consider such request, the burden of establishing by clear, competent, and convincing evidence the value of its investment property allocable 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 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 Council until such franchise holder has filed a motion for rehearing with the Council for a specific date setting out each ground of its complaint against the rate, charge, or fare fixed by the Council, and until the Council shall have acted upon by the Council within a reasonable time, not to exceed sixty (60) days from the filing of such motion for rehearing; provided, that the W:\southlake\charTER\2007\Charter rdOO 1.doc (08/31/07) Page 41 Council may by resolution extend such time of 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 :ldviso advice in determining a reasonable rate and equitable profit to the franchise holder. 10.07. Public Utility and Public Service Companies to File Annual Reports. (a)_ -The Council shall require all public utility and public service companies 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 Council may deem pertinent for its use, including reports on operations within the City !2Y..aflG--said public utility and public service companies; said reports to be filed with the City Secretary, and preserved for the use of the Council. Such reports shall be reviewed annually by the Council to determine the propriety of the rates being charged. (b) Any public utility or public service company who shall for a thirty (30) day period willfully refuse or fail to report in the manner provided by this Charter, or shall file any report, knowing that the same does not truly report the facts about the matters mentioned therein, shall be subject to such penalties as may be prescribed by the Council by ordinance. 10.08. 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 2hall show the actual capital cost to the City of each public utility owned, also the cost of all extensions, additions and improvements, and shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other fGity or governmental department. The Council shall annually cause to be made by a certified public accountant and shall publish an annual report showing the financial results of such City ownership and operation, giving the information specified in this section and such other data as the Council shall deem expedient. 10.09. Franchise Records. The City shall compile and maintain a public record of utility franchises. 10.10. Extensions. All extensions of service of public utilities 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 W\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 42 original grant and shall be terminable as provided in Section 10.05. 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. CHAPTER XI. PLANNING AND ZONING 11.01. State Law Adopted. The Council shall have the power and authority to zone the City and to pass all necessary ordinances, rules and regulations governing same, under and by virtue of the authority given to cities and legislative bodies thereof by state law'Jemon's Ann. Civ. St. ::1rt~. 1011::1 1 011j, inclu~i\:e, together with ::111 existing ::1mendments which m::1Y hero::1fter be m::1de theroto. Editors Note: Authority for municipal zoning is now provided in V.T.C.A., Local Government Code ch. 211. 11.02. Board of Adjustment. The Council, shall appoint a Board of Adjustment which shall have all of the powers and authority as set forth in state lawVernon's Ann. Civ. St. art. 1011 g, and as hereafter ::1mendcd, and such additional powers and privileges as may be duly assigned to it by the ordinances of the City. Editors Note: The board of adjustment is now described in V.T.C.A., Local Government Code ~ 211.008 at seq. 11.03. The Planning and Zoning Commission. There shall be established by the Council a Planning and Zoning Commission, which shall consist of seven (7) citizens ,Ql.fFGm-the City. The members of the Commission shall be appointed by the Council for a term of two (2) years. Three members of the Planning and Zoning Commission shall be appointed each odd numbered year. The remaining four (4) members of the Planning and Zoning Commission will be appointed each even numbered year. The Commission shall annually elect a Chairman from its membership and shall meet not less than once a month. The CGhairman of the Commission shall be a voting member. A majority of the members shall constitute a quorum. Planning and Zoning Commission members forfeit their office if they fail to attend two (2) consecutive regular meetings of the Commission without being excused by the Council. (Amended on January 19, 1991; Amended on May 2, 1995) 11.04. Purpose and Object of Planning and Zoning Commission. The purpose and object of the Planning and Zoning Commission is to act as an advisory board to the Council in matters designated by ordinance and by state law. Except for W:\southlake\charTER\2007\Charter rd001.doc 108/31/07) Page 43 matters relating to city parks.. which are delegated by the Council to another board with responsibilities relating to city parks, and for matters relating to the acquisition of easement(s) and rights-of-way, the Commission shall advise the Council on matters relating to zoning, public improvements, civic improvements, city planning, opening, widening, and changing of streets, routing of public utilities, controlling and regulating traffic upon the public streets and ways of the City and such other matters relating to City improvements as the Commission and the Council may deem beneficial to the City. (Amended on May 2, 1995; Amended on May 5, 2001) 11.0605. 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. (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, Recreation, and Open Space Plan; (4) City-wide Trail Master Plan; (5) Water and Wastewater 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/her recommendations to the City Council, which may adopt this plan in whole or in part, and may adopt any amendments thereto after at least one (1) 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 every four (4) years. The City Manager shall be responsible for scheduling reviews in accordance with this requirement. I W:IsouthlakelcharTER\2007\Charter rd001.doc (08/31/07) Page 44 (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. (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 11.0~&, and all other recommendations affecting the Master Plan shall be accompanied by a recommendation from the Planning and Zoning Commission. (Amended on January 21, 1995; Amended on May 2, 1995) 11.0706. Separation of Planning and Zoning Commission. The Council may by ordinance, at such time as deemed in the best interest of the citizens of Southlake, create a separate Commission to perform the duties of planning. This Commission shall have the same structure as provided for the Planning and Zoning Commission in Section 11.03 and will perform all duties specified in Sections 11.03 through 11.0Q7 for planning only subject to all limitations therein contained. The Zoning Commission will perform only the duties specified in the same sections for zoning, and as Advisory Board to the Planning Commission subject to the limitations therein contained. CHAPTER XII. TRANSITION AND GENEARL PROVISIONS 12.01. Effect of Charter on Existing Law. All ordinances, resolutions, rules and regulations in force in the City on the effective date of this Charter, and not in conflict with this Charter, shall remain in force until altered, amended or repealed. 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 the law in force at the time of beginning of such proceedings or under the law after the adoption of this Charter. Editors Note: Provisions similar to the above section are in section 3.10. 12.02. Continuation of Present Offices. All persons holding administrative office at the time this Charter takes effect shall continue in office and in the performance of their duties until provision shall have been made in accordance therewith for the performance of such duties or the discontinuance of such office. The powers conferred and the duties imposed upon any office, department or agency of the City by the laws of the State shall, if such office, W:IsouthlakelcharTER\2007\Charter rd001.doc (08/31/07) Page 45 department or agency be abolished by this Charter or under its authority, be thereafter exercised and discharged by the office, department or agency designated by the Council unless otherwise provided herein. 12.03. Public Meetings. All meetings of the Council and all boards and commissions appointed by the Council shall be governed by the provisions of the Texas Open Meetings Act, Vernon'c Ann. Cill. St. art. 6252 17, and any amendments thereto. This section shall not be construed to require any action or measure beyond that required by the aforementioned 2gtate statute. Editors Note: Open meetings are now governed by V.T.C.A., Government Code ch. 551. 12.04. Public Records. Access to the records of every office, department or agency of the City shall be subject to public inspection as provided by Vernon's Ann. Civ. St. art. 6252 17a and :my ::lmendmentc thereto the Texas Public Information Act. and any amendments thereto. This section shall not be construed to require any action or measure beyond that required by the aforementioned state statute. Editors Note: Open records are now governed by V.T.C.A., Government Code ch. 552. 12.05. Official Newspaper. The Council may designate by resolution a newspaper of general circulation in the City as the official newspaper of the City, and shall cause to be published therein all ordinances, notices and other matters which are required to be published by this Charter, the ordinances of the City or the Constitution or laws of the State of Texas. 12.06. Notice of Injury or Damage. Before the City shall be liable for any claim for damages for the death or personal injuries of any person or for damages to property, the complainant or the complainant's ffis--authorized representative shall notify the City Secretary. The notification shall be in writing and shall state specifically how, when and where the death, injury or damage occurred; the amount of loss claimed; and the identity of any witnesses upon whom it is relied to establish the claim. The person giving notice under this section shall give the addresses of every place that said person -Ae-has resided during the six (6) month period prior to the damage or injury and subscribe his/her name to the notice under oath that the statements and facts contained in said notice are true and correct. The notification shall be filed within six (6) months of the date of injury or damage or in the case of death, within six months (6) of the date of death. Editors Note: An exception to the above section is provided in V.T.C.A., Civil Practice and Remedies Code S 101.101 (c). W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 46 12.07. Bond or Security Not Required. It shall not be necessary in any action, suit or proceeding in which the City is a party, for any bond, including supersedeas bond, undertaking or security to be demanded or executed by or on behalf of said City in any of the state courts, but in all such actions, suits, appeals or proceedings... same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law. 12.08. 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 without further proof. 12.09. Continuance of Contracts and Succession of Rights. All contracts entered into by the City or for its benefit prior to the taking effect of this Charter shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or ordinances existing at the time this Charter takes effect may be carried to completion in accordance with the provisions of such existing laws or ordinances. All suits, taxes, penalties, forfeitures and all other rights, claims, and demands, which have accrued under the laws, heretofore in force governing the City... shall belong to and be vested in and shall be prosecuted by and for the use and benefit of the corporation hereby created, and shall not in any way be diminished, affected or prejudiced by the adoption and taking effect of this Charter. 12.10. Continuance of Present Governing Body. All members of the Council, including the Mayor, holding office at the time of passage of this Charter shall continue to hold their respective place and office until their respective term of office for which they were elected expires. 12.11. Property Not Subject to Execution. No property owned or held by the City shall be subject to any execution of any kind or nature. 12.12. Garnishment. No funds of the City or within the custody of the City or any of its officers in any official capacity shall be subject to garnishment and the City shall never be required to answer in any garnishment proceedings. I W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 47 12.13. Persons Serving on Boards. Persons serving on any board at the time of the adoption of this Charter shall continue to serve on the board to which they were appointed until their term shall have expired or until their successors shall have qualified. 12.14. Assignment of Wages. The City shall never be liable to the assignee of any wages of any officer, agent or employee of said City, whether earned or unearned, upon any claim or account whatsoever, and as to the City such assignment shall be absolutely void. 12.15. When General Law Applicable. The general laws of the State of Texas and ordinances of the Council shall furnish the authority for the power and exercise thereof and control all matters to the extent not specifically and completely covered by this Charter. 12.16. Separability 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 to which such holding shall directly apply. 12.17. Meaning of Words. The provisions of this Charter shall be liberally construed for the purpose of effecting the objects and ends thereof. Unless some other meaning is manifest the word "CITY" shall be construed to mean the "CITY OF SOUTH LAKE," and the word "AND" may be read "OR" and the word "OR" may be read "AND," if the sense requires; the words in the present tense include future tense, except when a more restricted meaning is manifest, and singular may mean plural. Throughout this Charter words used in expressing masculine gender shall be construed to include the feminine. The word "CITY SECRETARY" refers to the person performing the duties of City Secretary. The word "COUNCIL" shall be construed to mean the "CITY COUNCIL OF THE CITY OF SOUTHLAKE." 12.18. Amending Charter. Amendments to this Charter may be framed and submitted to the voters of the City as permitted bv law. in the manner provided in Chapter 13 of Title 28 of the revised Civil Statutes of Texas, 1925, and as now or hereafter onacted. Editors Note: Procedures for amending a municipal Charter are now found in V.T.C.A., Local Government Code ch. 9. W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 48 12.19. Submission of Charter to Voters. The Charter Commission in preparing this Charter concludes 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 the said Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City at an election to be held for that purpose on Saturday, April 4, 1987. Not less than thirty days prior to such election, the Council shall cause the City Secretary to mail a copy of this Charter to each qualified voter of the City as appears from the latest certified list of registered voters. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall become the Charter of the City, and after the returns have been canvassed, the same shall be declared adopted and the City Secretary shall file an official copy of the Charter with the records of the City. The Secretary shall furnish the Mayor a copy of said Charter which copy of the Charter so adopted, authenticated and certified by his signature and the seal of the City, shall be forwarded by the Mayor to the Secretary of the State of Texas and shall show the approval of such Charter by majority vote of the qualified voters voting at such election. W:\southlake\charTER\2007\Charter rd001.doc (08/31/07) Page 49 - BALLOT LANGUAGE 1. Shall the South lake Home Rule Charter be amended by revising Section 2.03 to eliminate restrictions on the number of successive terms council members may serve while retaining the restriction of two successive terms for the Mayor? 2. Shall the Southlake Home Rule Charter be amended by revIsing Sections 3.13(a), 3.13(b) and 9.42 to provide that proposed ordinances, notice provisions of enacted ordinances, and the audit be posted in their entirety on the City website? 3. Shall the Southlake Home Rule Charter be amended by revising Section 3.14 to permit the adoption of an emergency ordinance when the City is authorized to meet on an emergency basis under the Texas Open Meetings Act? 4. Shall the Southlake Home Rule Charter be amended by revising Section 2.06 to provide that the Mayor may sign contracts and conveyances? 5. Shall the South lake Home Rule Charter be amended by revising Section 4.14 relating to the duties of the City Manager? 6. Shall the Southlake Home Rule Charter be amended by revising Section 5.02 to provide for a removal procedure for the municipal court judge? 7. Shall the Southlake Home Rule Charter be amended by revising Sections 10.01, 10.02, and 10.05 to clarify the City's right to control public property and enter into utility franchises? 8. Shall the Southlake Home Rule Charter be amended by revising rules related to boards and commissions in Section 4.02 to state that a person who holds a salaried or elected position may only serve on a board or commission if authorized by a vote of the Council, and in Section 7.11 to prohibit a Council person from serving in any compensated office, position or employment of the City? 9. Shall the Southlake Home Rule Charter be amended to bring it into conformance with state law by: revising Section1.06(b) relating to the right of the City to be a participant in litigation; revising Sections 2.08(c), 7.01 and deleting 7.03, 7.10(b), 7.10(c), 7.20, 7.21 and 7.23 relating to elections; revising 7.24 regarding oaths of office; revising Section 5.03 regarding the municipal court clerk; revising Section 9.05 regarding public notice and hearings on the City budget; revising Section 9.43 regarding purchasing; and revising Section 12.18 regarding amendments to the Charter and to delete obsolete or unnecessary references to state law throughout the Charter? 10. Shall the Southlake Home Rule Charter be amended to make non-substantive, grammatical and textual corrections throughout the Charter? (08/10/07) Page 1 INVOICE '4 10> 14 Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 288498851 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/7/07 Federal Tax ID 22-3148254 — Terms: Net due in 21 days Due Date: 9/30/07 Bill To: SEP 2 ? (:".-,1 PO Number: NO PO CITY OF SOUTHLAKE I 1400 MAIN ST \ 7. Order Number: 28849885 STE 440 — - Sales Rep: 005 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn:ACCOUNTS PAYABLE Publication Date: 9/7/07 Descriptio \ . Location Col Depth Linage MU Rate Amount CITY OF SOUTHLAKE o N NCE N91 2 I3580 1 33 33 LINE $0.81 $26.73 THEN CITY CE ORDI OF SOUTHLAKE,N GTEX- SPECIAL ELECTION FOR NOVEMBER 6 2007, FOR THE Net Amount: S26.73 PA MENDIE N OF A ENDIG THE C Y CHARTER; PROVIDING THAT THIS ORDINANCE RECEIVED SHALL BE CUMU- LATIVE OF ALL ORf INANCES' PRO- VIDING A S�EVER- ABILITY CLAUSE; AND.PROVIDING AN "� PAISSEDE IVAND T AP- SEP 4 2OO/ P OVED THIS THE T BERY OF 2007, DURING•THE REG- U AR CITY COUNCIL MAYORGAai nss Andy wOFFICE OF CITY ECRETARY THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the 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 attached clipping of an advertisement was published in the bove named paper on'the listed dates:BIDS&LEGAL DEPT. STAR j rA' /I-- (817)390-7501 \\\xx0\OARIE,40/ Signed Qi` `-` .:0: PjBe%•0 ' SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,September 10,2007. i\ Notary Public a .�,.„. 97OF1`cyPS %8/ Ii0 OI``\��x``� Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE \ FORT WORTH, TX 76101-2051 Invoice Number: 288498851 Invoice Amount: $26.73 \ PO Number: NO PO Amount Enclosed: $ INVOICE 1y Star-Telegram Customer ID: CIT57 400 W.7TH STREET Invoice Number: 287822191 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/17/07 Federal Tax ID 22-3148254 ii-f,t) Terms: Net due in 21 days �-t-4 C �� Due Date: 8/31/07 Bill To: AUG g 2001 p0 Number: no po CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 28782219 STE 440 '�?� Sales Rep: 005 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Attn Attn: ACCOUNTS PAYABLE Publication Date: 8/17/07 Description Location Col Depth Linage MU Rate Amount OF SOUTHLAKE Legal Notices CITY OF SOW Notice is hereby given I 48 48 LINE $0.81 $38.88 by the City Council ORDINANCES; PRO- of the City of VIDING A SEVER- Southlake, Texas, ABILITY CLAUSE; halt abe bhhc eldari on EF ECD TV EIDIN DATEANwil — September 4, 2007, City of Southlake at 5:00 p.m. or im- Lori Payne mediately following City Secretary Net Amount: $38 gg the Work Session, - — during Ct the l Regular otyeCoulnciin meeting Council Chambers of Town Hall, 1400 Main Street, South- lake Texas. Purpose of the public hearing is to consider the second reading of RECEIVED the following ordi- nance: ORDINANCE. NO. 912 AN ORDINANCE OF THE CITY OF ------1 SOUTHLAKE, TEX- AS CALLING AYh;: CHRISTY L.HOLLAND I AUG 3 0 2007 $P�CIAL ELECTION FOR NOVEMBER 6, i`i MY COMMISSION EXPIRES ! 2007, FOR THE PURPOSE OF 't::•. July 31,2008 AMENDING THE -'•.',4•"'.�'•', — CITY CHARTER;, .,.,4..... OFFICE OF CITY SECRETARY PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- THE STATE O LATIVE OF ALL County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the 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 attached clipping of an advertisement was published in above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7501 Sign • SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,A ust 07. (7 Notary Public ,. ""d Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 287822191 Invoice Amount: $38.88 PO Number: no po Amount Enclosed: $