HomeMy WebLinkAboutCharter Amendments 1991 Red-line CopyThe Charter
ARTICLE I. INCORPORATION, FORM OF GOVERNMENT AND POWERS
Sec. 1. Incorporation.
The inhabitants of the City of Euless in Tarrant County, Texas, within the
corporate limits as now established, or hereafter established in the manner
prescribed by this Charter, shall be and shall continue to be a municipal
body politic and corporate in perpetuity under the name of the "City of
Euless."
Sec. 2. Form of government.
The municipal government provided by this Charter shall be known as the
"Council-manager" government. Pursuant to its provisions and subject only to
the limitations imposed by the state constitution, by the statutory laws of
Texas, and by this Charter, all powers of the City shall be vested in an
elective Council, hereinafter referred to as the "Council," which shall enact
local legislation, adopt budgets, determine policies, appoint the city
secretary, city attorney, [and] judge of the municipal court, and clerk of
the municipal court, and the Council shall also appoint the city manager, who
shall execute the laws and administer the government of the City.
Sec. 3. General powers of the City.
The City of Euless shall have all powers granted to municipalities by the
constitution and laws of the State of Texas, together with all of the implied
powers necessary to carry into execution such granted powers. The City may
use a corporate seal; may sue and be sued; may contract and be contracted
with; may cooperate with the government of the State of Texas or any agency
or any political subdivision thereof, or with the federal government or any
agency thereof, to accomplish any lawful purpose for the advancement of the
interest, welfare, health, morals, comfort, safety, and convenience of the
City and its inhabitants; may acquire property within or without its
1
corporate limits for any municipal purpose in fee simple, or in any lesser
interest or estate, by purchase, gift, devise, lease or condemnation, and,
subject to the provisions of this Charter, may sell, lease, mortgage, hold,
manage, improve and control such property as may now or hereafter be owned by
it; provided, however, the City shall not sell, convey, mortgage or otherwise
alienate any public utility without prior approval of the qualified voters of
the City; may exercise the power of eminent domain where necessary or
desirable to carry out any of the powers conferred upon it by this Charter,
or by the constitution and laws of the State of Texas; may pass ordinances
and enact such regulations as may be expedient for the maintenance of the
good government, order, and peace of the City and the welfare, health,
morals, comfort, safety and convenience of its inhabitants.
[ The powers hereby conferred upon the city shall include, but are not
restricted to, the powers conferred expressly and permissively by chapter
147, page 307, of the Acts of the 33rd Legislature, regular session, enacted
in 1913 pursuant to the home rule amendment of the constitution of Texas,
known as the enabling act and including articles 1175, 1176, 1177, 1178,
1179, 1180, of the Revised Civil Statutes of Texas, 1925, as now or hereafter
amended, all of which are hereby adopted. In addition to the powers
enumerated herein, and subject only to the limitations imposed by the state
constitution, the state laws, and this charter, the city shall have, without
the necessity of express enumeration in this charter, each and every power
which, by virtue of article XI, section V, of the constitution of Texas, the
people of the city are empowered by election to grant to or confer upon the
city by expressly and specifically granting and enumerating the same herein.]
All such powers, whether expressed or implied, shall be exercised and
enforced in the manner prescribed in [ this ] the Charter, or when not
prescribed herein, in such manner as shall be provided by ordinance or
resolution of the Council.
Sec. 4. Street and public property.
The City shall have exclusive dominion, control and jurisdiction in, upon,
over and under the public streets, sidewalks, alleys, highways, public
squares and public ways within the corporate limits of the City, and in,
2
upon, over and under all public property of the City. With respect to each
and every public street, sidewalk, alley, highway, public square, public park
or other public way within the corporate limits of the City, the City shall
have the power to establish, maintain, improve, alter, abandon, or vacate the
same; to regulate the use thereof; and to abate and remove in a summary
manner any encroachment thereon.
Sec. 5. Street development and improvement.
The City shall have the power to develop and improve, or cause to be
developed and improved, any and all public streets, sidewalks, alley,
highways, and other public ways within the corporate limits of the City by
laying out, opening, narrowing, widening, straightening, extending, lighting
and establishing building lines along the same; by purchasing, condemning,
and taking property therefor; by filling, grading, raising, lowering, paving,
repaving, and repairing, in a permanent manner, the same; and by
construction, reconstructing, altering, repairing, and realigning curbs,
gutters, drains, sidewalks, culverts, and other appurtenances and incidentals
in connection with such development and improvement authorized hereinabove,
or any combination or parts thereof. The cost of such development and
improvement may be paid partly or entirely by assessments levied as a lien
against the property abutting thereon and against the owners thereof, and
such assessments may be levied in any amount and under any procedure not
prohibited by state law; provided, that no assessment shall be made against
such land or owners in excess of the enhancement in value of such property
occasioned by such improvement.
As [ an ] alternate and cumulative methods of developing, improving, and
paving any and all public streets, sidewalks, alleys, highways, and other
public ways within its corporate limits, the City shall have [ the ] such
other and further power and authority [ to proceed in accordance with chapter
106, page 489, Acts 1927, Fortieth Legislature, first called session, as now
or hereafter amended, the same being article 1105b of the Revised Civil
Statutes of Texas, 1925.] as may be conferred by the constitution and laws of
the State of Texas.
3
Sec. 6. Boundaries.
The boundaries and limits of the City of Euless, until changed in the
manner herein provided, shall be the same as have heretofore been established
and as exist on the date of the adoption of this Charter, which boundaries
are more fully set out and described by metes and bounds in a book called
Official Record Describing the Metes and Bounds of the City of Euless, which
is now and shall hereafter be in the office of the city secretary of the City
of Euless.
Sec. 7. Annexation and de -annexation.
Extension of city limits by petition. Whenever a majority of the legally
qualified [ property tax -paying ] voters who are citizens of the State of
Texas and inhabitants of any territory adjoining the City of Euless, as said
territory may be designated by the Council, or in case there are no qualified
voters in said territory, then when persons owning a majority of the land in
area in said territory, desire the annexation of such territory to the City
of Euless, they may present a written petition to that effect to the Council
and shall attach to said petition an affidavit of one or more of their number
to the effect that said petition is signed by a majority of such qualified
voters, or in the case there are no qualified voters, said affidavit shall be
to the effect that there are no qualified voters in said territory and that
the persons signing the petition own a majority of the land in said
territory; and thereupon the Council at regular session or in special session
held not sooner than thirty (30) days after the presentation of said petition
may by ordinance annex such territory to the City of Euless and thenceforth
the said territory shall be a part of the City of Euless and 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
said City.
Extension of city limits by ordinance. A second method of extending the
corporate limits of the City of Euless shall be that the Council shall have
power by ordinance to fix the boundary limits of said City and to provide for
the extension of said boundary limits by the annexation of additional
4
territory lying adjacent to said City, with or without the consent of the
inhabitants of the territory annexed. Upon the introduction of such an
ordinance in the Council, it shall be published in the official newspaper of
the City one time, and shall not thereafter be finally acted upon until at
least thirty (30) days have elapsed after the first publication thereof.
However, amendments not enlarging or not extending the boundary limits set
forth in the published ordinance may be incorporated into the proposed
ordinance without the necessity of republication of said ordinance as
amended. Any citizen of the City of Euless or of the territory to be annexed
shall have the right to contest said annexation by filing with the Council a
written petition setting out reasons for said contest, and after such
citizens shall have been given an opportunity to be heard, said ordinance, in
original or amended form, as the Council in its judgment may determine, shall
be finally passed, and the territory so annexed shall be a part of the City
of Euless, and the inhabitants thereof shall be entitled to all rights and
privileges of other citizens and shall be bound to the acts, ordinances,
resolutions, and regulations of the City of Euless.
De -annexation. Whenever there exists within the corporate limits of the
City any territory not suitable or necessary for city purposes, the Council
may, upon a petition signed by the majority of the qualified voters residing
in such territory if the same be inhabited, or without any such petition if
the same be uninhabited, by ordinance duly passed, discontinue said territory
as a part of said City; said petition and ordinance shall specify accurately
the metes and bounds of the territory sought to be eliminated from the City
and shall contain a plat designating such territory so that the same can be
definitely ascertained; and when said ordinance has been duly passed, the
same shall be entered upon the minutes and records of the City, and from and
after the entry of such ordinances, said territory shall cease to be a part
of said City, but said territory shall still be liable for its pro rata share
of any debts incurred while said area was a part of said City, and the City
shall continue to levy, assess and collect taxes on the property within said
territory to pay the indebtedness incurred while said area was a part of the
City as though the same had not been excluded from the boundaries of the
City; provided, however, that in the event such de -annexation shall be
initiated unilaterally by the City without application of the residents
5
residing within such area to be de -annexed or the owners thereof, then in
such event the City shall not continue to levy, assess and collect taxes on
such de -annexed area as herein provided.
ARTICLE II. CITY COUNCIL
Sec. 1. Number, selection, term of office and compensation.
The governing and lawmaking body of the City of Euless shall consist of a
Mayor and [ five (5) Councilmen ] six (6) Council Members, and said body
shall be known as the "City Council of the City of Euless." The members of
the City Council of the City of Euless shall be the only elective officers of
the City and shall be elected from the City at large in the manner provided
in Article III. [, for a term of two (2) years, or until their successors are
duly elected and qualified. The mayor and two (2) members of the Council
shall be elected by popular vote each odd -numbered year and three (3) members
of the Council
shall be so elected each even -numbered year.
Councilmen ] The Mayor and members of the Council
Said mayor and
shall draw no
compensation as such for their duties, but shall be reimbursed for any lawful
expenditures made in behalf of the City or expenses incurred in the
performance of their office duties, when approved by the Council.
Each [ Councilman ] Council Member shall occupy a specific place.
[Councilmen elected in April, 1967, occupy places two (2) and four (4) and
Councilmen elected in April, 1968, occupy places one (1), three (3) and five
(5), in alphabetical order of their surnames. The mayor and Councilmen two
(2) and four (4) shall be elected in odd -numbered years and Councilmen one
(1), three (3) and five (5) to be elected in even -numbered years.] The
office of Mayor and Council places two (2) and four (4) shall be filled by
regular City election in 1993 and thereafter for terms of three (3) years or
until their successors are duly elected and qualified. Council places one
(1) and three (3) shall be filled by regular City election in 1992 and
thereafter for terms of three (3) years, or until their successors are duly
elected and qualified. Council places five (5) and six (6) shall be filled
by regular City election in 1992 for terms of two (2) years, or until their
successors are duly elected and qualified, and shall be filled by regular
6
City election in 1994 and thereafter for terms of three (3) years, or until
their successors are duly elected and qualified.
Sec. 2. Qualifications.
[ Each of the five (5) Councilmen and mayor shall be a citizen of the United
States of America and a qualified voter of the State of Texas; shall be a
real property owner within the corporate limits of the City of Euless; shall
have resided for at least two (2) years next preceding the election at which
they are candidates within the corporate limits of the City of Euless, and
shall not be in arrears in the payment of any taxes or other liability due
the city nor be disqualified by reason of any provision of any other section
of this charter. ]
[ A member of the Council ceasing to possess any of the qualifications
specified in this section or any other section of this charter, or convicted
of a felony while in office, shall immediately forfeit his office. No member
of the Council shall hold any other public office except that of notary
public or member of the National Guard or naval or military reserve or a
retired member of the armed forces. ]
Each of the six Council Members and Mayor shall, at the time of filing of
their application for a place upon the ballot, be a resident of the City and
shall have resided at least one (1) year next preceding the election at which
they are candidates within the corporate limits of the City of Euless, and
additionally at the time of filing of their application for a place upon the
ballot and thereafter for and during their term of office, shall be a
registered voter of the State of Texas; shall not have been finally convicted
of a felony criminal offense; shall continue to be a resident of the City;
and shall not be in violation of any other provision of this Charter. The
Mayor or any member of the Council ceasing to possess any of the
qualifications specified in this section or any other provision of this
Charter shall immediately forfeit office. Neither the Mayor nor any member
of the Council shall hold any other public office except that of notary
public or member of the armed forces of the United States or of the National
7
Guard or naval or military reserve or as a retired member of the armed forces
of the United States.
Sec. 3. Council to be the judge of the qualifications of its own members.
The City Council shall be the judge of the election and qualifications of
its own members and of the Mayor, and for such purpose shall have power to
subpoena witnesses and require the production of records, but the [ decision
of the ] Council shall, as soon as practicable after a regular or special
election, either at a called meeting of said Council, called for that
purpose, or at the next regular meeting, [ but in any event within
forty-eight (48) hours after the closing of the polls,] within the period
provided by law, canvass the returns and declare the results of such
election.
Sec. 4. Vacancies.
In the event a vacancy occurs in the office of Mayor or [ Councilman ] in
the City Council from any cause whatsoever, a special election shall be held
[ within sixty (60) days after the vacancy occurs ] on the first election
date authorized by law for the purpose of filling such position for the
remainder of the unexpired term thereof; provided, however, if such vacancy
occurs [ within ] less than ninety (90) days and more than thirty (30) days
prior to a general City election, then [ no ] such special election shall be
held and such vacancy shall be filled bs special election called for such
purpose concurrent with the City's general election, unless election for such
office would otherwise occur at such general election.
Sec. 5. Powers of the Council.
All powers and authority which are expressly or explicitly conferred on or
possessed by the City shall be vested in and exercised by the City Council;
provided, however, that the Council shall have no power to exercise those
powers which are expressly conferred upon other City officers by this
Charter.
8
Sec. 6. Mayor, Mayor Pro Tem.
The Mayor of the City of Euless shall preside over the meetings of the City
Council and perform such other duties consistent with the office as may be
imposed upon [ him ] the Mayor by this Charter and the ordinances and
resolutions passed in pursuance hereof. [ He may participate in the
discussion of all matters coming before the council and shall be entitled to
vote in case of a tie.] The Mayor is a voting member of the Council, but
shall have no veto power. [ He ] The Mayor shall sign all [ contracts and ]
conveyances made or entered into by the City and all bonds issued under the
provisions of this Charter, and shall be the chief executive officer of the
City. The Mayor shall sign all contracts entered into by the City except as
may be exempted from such requirement by ordinance or resolution adopted by
the City Council. [ He ] The Mayor shall be recognized as the official head
of the City by the court for the purpose of serving civil process, by the
governor for the purpose of enforcing military law, and [ on ] for all
ceremonial purposes. In time of danger or emergency, the Mayor may with the
consent of the City Council take command of the police and govern the City by
proclamation and maintain order and enforce all laws.
The Mayor Pro Tem shall be selected from among the [ members of the five
(5) Councilmen; ] six (6) CouncilMembers; shall be selected each year at
the first regular meeting following the [ general ] regular City election or
any run-off elections required, whichever shall last occur, and shall in the
absence or disability of the Mayor perform all the mayor's duties.
Sec. 7. City secretary.
The City Council shall appoint an officer of the City, who shall have the
title of city secretary and who shall give notice of the Council meetings,
shall keep minutes of its proceedings, shall authenticate by [his ] signature
and record in full in a book kept for that purpose all ordinances and
resolutions, shall preserve and keep in order all books, papers, records and
files of the City Council, shall have custody of the seal of the City and
shall affix same to such documents and obligations only of the City as [ he
9
may be ] legally authorized [ to do ] and shall perform such other duties as
shall be required by this Charter or by the City Council.
Sec.8. City attorney.
The City Council shall appoint a city attorney who shall be a competent
attorney, duly licensed and admitted to the practice of law by the State of
Texas. The city attorney shall be legal advisor of and attorney for all
officers of the City and shall represent the City in all litigation and legal
proceedings. [ He ] The city attorney shall approve every ordinance before
it is acted upon by the Council.
Sec. 9. Meetings of the Council.
The City Council shall hold at least two (2) regular meetings in each month
at a time to be fixed by it for such regular meetings, to be designated by
ordinance or resolution, which ordinance or resolution shall be published at
least one (1) time in the official newspaper of the City. The City Council
may hold as many additional meetings during the monthas may be necessary for
the transaction of the business of the City and its citizens.
The Mayor and any member of the City Council remaining absent for three (3)
regular, consecutive meetings of the City Council, unless prevented by
sickness, without first having obtained leave of absence at a regular meeting
of the Euless City Council, shall be deemed to have vacated his office and
such vacancy shall be filled in accordance with the provisions of the Charter
for the filling of vacancies.
Sec. 10. Rules of procedure.
The City Council shall determine its own rules of procedure and order of
business and may compel the attendance of the Mayor and its members. [ Four
(4) ] Five (5) members of the City Council, or four (4) members thereof and
the Mayor, shall constitute a quorum to do business, and the affirmative vote
of at least [ three (3) ] four (4) of those attending any meeting at which
there is a quorum present shall be necessary to adopt any ordinance or
10
resolution. All meetings of the City Council, except for executive sessions
authorized by law, shall be open to the public, and minutes of all
proceedings of such open meetin;,s shall be kept, to which any citizen may
have access at all reasonable times and which shall constitute one of the
archives of the City. The vote upon the passage of all ordinances and
resolutions shall be taken by ayes and nays and entered upon the minutes, and
every ordinance or resolution, upon its final passage, shall be recorded in a
book kept for that purpose and shall be authenticated by the signature of the
presiding officer and the city secretary.
Sec. 11. Procedure to enact legislation.
The City Council shall legislate by ordinance and the enacting clause of
every ordinance shall be: "Be it ordained by the City Council of the City of
Euless."
The city attorney shall approve all ordinances adopted by the Council as to
the legality thereof. Every ordinance enacted by the Council shall be signed
by the Mayor or Mayor Pro Tem and shall be filed with and recorded by the
city secretary. All ordinances enacted by the Council shall be considered
and the descriptive caption of such ordinance read in open meeting of the
Council and at two (2) regular Council meetings unless at such first regular
Council meeting such ordinance shall have been approved by five (5) or more
aye votes; then, in such event, the second consideration and second reading
of the descriptive caption thereof shall not be necessary and such ordinance
shall be considered finally adopted. All ordinances, unless otherwise
provided by law or by the terms of such ordinance, shall take effect
immediately [ upon ] on final consideration and the reading of the
descriptive caption thereof as hereinabove provided.
The requirement for considering ordinances and reading the descriptive
caption thereof at two (2) regular Council meetings may be dispensed with
where an ordinance relating to the immediate preservation of the public
peace, health or safety is adopted as an emergency measure by the favorable
vote of four (4) or more of the [Councilmen] Council Members and such
emergency ordinance shall take effect immediately upon its adoption and
11
execution without a second consideration and second reading of the
descriptive caption thereof.
Sec. 12. Publication of ordinances.
Except as otherwise provided by law, or by this Charter, the city secretary
shall give notice of the enactment of every ordinance imposing any penalty,
fine or forfeiture for any violation of any of its provisions, and of every
other ordinance required by law, or this Charter, to the public, by causing
the said ordinance, or its caption and penalty, to be published at least two
(2) times after final passage thereof in the official newspaper of the City.
The affidavit of such publication by the publisher of such newspaper, taken
before any officer authorized to administer oaths, and filed with the city
secretary shall be conclusive proof of the legal publication and promulgation
of such ordinance in all courts. Such ordinance shall take effect after the
date of final publication, provided that any penal ordinance passed as an
emergency measure under Section 11 of this article shall take effect
immediately upon its publication as herein provided.
Sec. 13. Adoption and ratification of existing ordinances.
All ordinances of the City of Euless adopted subsequent to the adoption of
this Charter and not inconsistent with the provisions of this Charter shall
remain in full force and effect until altered, amended or repealed by the
City Council.
Sec. 14. Code of ordinances.
The City Council, as soon as practicable after the adoption of this
Charter, shall cause to be codified and properly entered and published in
pamphlet form for public distribution or for anyone desiring same, the
ordinances of the City of Euless, and shall annually thereafter revise and
keep the same up-to-date.
ARTICLE III ELECTIONS
12
Sec. 1. General elections.
The regular City election shall be held annually on the [ first Saturday in
April ] date provided by law, at which time officers shall be elected to fill
those offices which become vacant that year. The City Council shall fix the
hours and place for holding such elections in conformity with applicable
provisions of law.
Sec. 2. Regulation of elections.
The Council shall make all regulations considered to be necessary or
desirable which are not inconsistent with this Charter or the laws of the
State of Texas, for the conduct of municipal elections, or for the prevention
of fraud, and shall make provisions for a recount of the ballots in case of
doubt or fraud. The Council will appoint election officials who will conduct
the municipal elections consistent with this Charter, regulations made by the
Council and the laws of the State of Texas. The Council shall provide for
the compensation of all election officials in City elections and for all
other expenses of holding such elections.
Sec. 3. Filing for office.
Any qualified person who desires to become a candidate for election to the
office of Mayor or to the City [ Councilman ] Council shall file with the
city secretary [, at least thirty (30) days prior to the election date, ] an
application in substantially the following form:
"I
office of
, do hereby declare that I am a candidate for the
, and request that my name be printed upon the official
ballot for that particular office in the next City election.
[ "I am years of age, a property owner within the Corporate limits of
the City of Euless, a qualified voter of the City of Euless, a resident of
the United States, and have been a resident of the City of Euless for at
least two (2) years. I am not in arrears in the payment of any taxes or
13
other liability due the City. At present, I reside at Street
in the City of Euless, Texas." ]
I am a registered voter of the City of Euless, citizen of the United
States, and have been a resident of the City of Euless for at least one (1)
year. At present, I reside at , in the City of Euless, Texas. I
am aware of the laws of the State of Texas governing nepotism.
[ " ] Received by:
(Signature of Candidate)
Date and Hour of Filing
THE STATE OF TEXAS )
COUNTY OF TARRANT )
BEFORE ME, the undersigned authority, on this day personally
appeared , known to me to be the person whose name
is subscribed to the foregoing Application, and who acknowledged
to me that the same was executed for the purpose and considerations
therein expressed, and declares under oath that the same is true
and correct.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,
this the day of ,19_
I,
Notary Public in and for Tarrant
County, Texas
[ " ] LOYALTY AFFIDAVIT
, of the City of Euless, County of
14
Tarrant, State of Texas, being a candidate for the [ office of
Councilman ,] City Council or the office of Mayor, [ do solemnly ] swear
that I [ believe in and approve of our present representative form of
government, and if elected, I ] will support and defend [our
representative form of government and shall resist any effort to movement
from any part thereof, and I will support and defend ] the
Constitution and the Laws of the United States and of the State
of Texas.
SUBSCRIBED AND SWORN TO BEFORE ME at
Tarrant County, Texas, this the
day of , 19_
Notary Public, Tarrant County,
Texas"
Such application shall be filed in the office of the city secretary and
shall be witnessed by an officer of the City who is qualified to administer
oaths. The official ballot shall be printed not less than twenty-one (21)
days before the date of the election.
Sec. 4. Official ballot.
The official ballot shall be drawn up by the city secretary and approved by
the city attorney and will contain the names of all candidates for office,
except those who may have been withdrawn, deceased or become ineligible.
Names will be placed on the ballot without party designation and position on
the ballot will be determined by drawing [, by the city secretary ] lots.
Sec. 5. Conducting and canvassing elections.
The returns of every municipal election shall be delivered forthwith by the
election judges to the city secretary. The City Council shall canvass the
returns, investigate the qualifications of the candidates and declare the
15
official results of the election in the manner and within the time periods
provided by law. [ not later than forty-eight (48) hours following the
closing of the polls and delivery of the votes to the city secretary. ]
Returns of every municipal election shall be recorded in the minutes of the
Council. [ The candidate for mayor who receives the highest number of ballot
votes, by qualified electors voting at the election, shall be declared
elected. The candidates for election to the places of Councilmen, equal in
number to the number of vacancies to be filled, who receive the highest
number of ballot votes cast by qualified voters voting at the election, shall
be declared elected. ]
The City Council shall be the judge of the election and qualifications of
its own members and of the Mayor, but the decisions of the Council in any
case shall be subject to review by the courts.
The candidate receiving a majority of all votes cast for the office is
elected.
If no candidate receives a majority, the Mayor shall, on the first day
following the official count, call for a second election to be held as
provided by law. [ within fifteen (15) days. ]
The two (2) candidates receiving the highest number of votes shall [, by
written request, ] have their names placed on the ballot to be prepared by
the city secretary, in the order of their standing in the computation of
votes. [ Should one candidate fail to make his request, the candidate
standing next in computation shall be eligible for a place on the ballot. ]
In the event of a tie between two or more candidates, they shall cast lots to
determine which two are to be run-off candidates or to determine their places
on the ballot. In the event of a tie in a run-off election, the run-off
candidates shall cast lots to determine the winner.
[ Sec. 6. Election tie. ]
[ In the event there be an equal number of votes given to two (2) or more
persons for the same office, and no one is elected thereto, the city council
16
shall declare such election void as to such office and shall order a special
election within not less than thirty (30) days nor more than forty (40) days
after such tie election to fill such office. This runoff election shall be
between the two (2) or more candidates, only, who have tied; provided,
however, if the two (2) or more persons concerned shall agree in writing,
filed with the city secretary, upon a different method of deciding which of
them shall be declared elected, the decision shall be made in that manner and
the special election not ordered. ]
[ Sec. 7. ] Sec. 6. Special elections.
The Council may by ordinance or resolution call such special elections as
are authorized by the state law and this Charter, 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 of the general election laws of the
State of Texas.
ARTICLE IV. INITIATIVE, REFERENDUM AND
RECALL
Sec. 1. Power of initiative.
The people of the City of Euless reserve the power of direct legislation by
initiative, and in the exercise of such power, may propose any ordinance not
in conflict with this Charter, the state constitution, or the state laws,
except an ordinance appropriating money or authorizing the levy of taxes or
an ordinance repealing an ordinance appropriating money or levying taxes.
Any initiated ordinance may be submitted to the Council by a petition signed
by qualified voters of the City of Euless equal in number to at least thirty
(30) per cent of the number of votes cast at the last regular municipal
election of the City, or such petition must be signed by one hundred fifty
(150) qualified voters, whichever is greater.
Sec. 2. Power of referendum.
17
The people reserve the power to approve or reject at the polls any
legislation enacted by a Council which is subject to the initiative process
under this Charter, except an ordinance which is enacted for the immediate
preservation of the public peace, health or safety which contains a statement
of its urgency and which is adopted by the favorable votes of the requisite
number of Council [men] leas required by this Charter to enact emergency
legislation. Prior to the effective date of any ordinance which is subject
to referendum, a petition signed by qualified voters of the City, equal in
number to at least thirty (30) per cent of the number of votes cast at the
last regular municipal election of the City, or signed by one hundred fifty
(150) qualified voters, whichever is greater, may be filed with the city
secretary requesting that any such ordinance be either repealed or submitted
to a vote of the people. When such a petition has been certified as
sufficient by the city secretary, the ordinance specified in the petition
shall not go into effect, or further action thereunder shall be suspended if
it shall have gone into effect, until and unless it is approved by the voters
as herein provided.
Sec. 3. Form of petition.
Initiative petition papers shall contain the full text of the proposed
legislation in the form of an ordinance, including a descriptive caption.
The signatures to the initiative or referendum need not be all appended to
one paper, but each signer shall sign [ his ] their name in ink or indelible
pencil and shall add [ (under) his signature his place of residence by street
and number. ] thereto such other information as may be required by law. One
of the signers of each separate petition shall make an affidavit that [ he,
and he only, ] they and they only, personally circulated such petition and
that each signature appended thereto was made in [ his ] their presence and
is the genuine signature of the person whose name it purports to be, and
further that no signature shall have been placed thereon forty-five (45) days
prior to the filing of such petition.
Sec. 4. Filing, examination and certification of petition.
18
Within ten (10) days after an initiative or referendum petition is filed,
the city secretary shall determine whether the same is signed by the
requisite number of qualified voters. The city secretary shall declare void
any petition paper which does not have an affidavit attached thereto as
required by section 3 of this article. In examining the petitions, the city
secretary shall write the letters "D.V." in red ink opposite the names of
signers found not qualified to vote. After completing examination of the
petition, the city secretary shall certify the results thereof to the Council
at its next regular meeting, stating the number of persons found on the
petition who are qualified to vote and the number of persons found on the
petition who are not qualified to vote. If the certificate of the city
secretary shall show an initiative or referendum petition to be insufficient,
the city secretary shall notify the person filing the petition, and it may be
amended within ten (10) days from the date of such notice by filing a
supplementary petition upon additional papers signed and filed as provided
for in the original petition. Within ten (10) days after such amendment is
filed, the city secretary shall examine the amended petition and certify as
to its sufficiency. If the amended petition is found to be insufficient, the
city secretary shall return the petition to the person filing same, without
prejudice to the filing of a new petition for the same purpose; provided,
however, that upon finding the amended petition to be insufficient, no new
petition covering the same subject matter shall be filed until six (6) months
shall have elapsed from the date of filing of the original petition.
Sec. 5. Council consideration and submission to voters.
When the Council receives an authorized initiative petition certified by
the city secretary to be sufficient, the Council shall either:
(a) Pass the initiated ordinance without amendment within
thirty (30) days after the date of the certification
to the Council; or
(b) Submit said initiated ordinance without amendment to
a vote of the qualified voters of the City at a regular or
special election to be held within ninety (90) days
19
after the date of the certification to the Council, or on such other
date as may be provided by law; or
(c) At such election, submit to a vote of the qualified
voters of the City said initiated ordinance without amend-
ment, and an alternative ordinance on the same subject
proposed by the Council.
When the Council receives an authorized referendum petition certified by
the city secretary to
referred ordinance, and
repealed, it shall be
be sufficient, the Council
if upon such reconsideration
submitted to the voters at
shall reconsider
such ordinance is
the
not
a regular or special
election to be held not more than ninety (90) days after the date of the
certification to the Council, or on such other date as may be provided by
law. Special elections on initiated or referred ordinances shall not be held
more frequently than once each six (6) months, and no ordinance on the same
subject as an initiated ordinance which has been defeated at any election may
be initiated by the voters within two (2) years from the date of such
election.
Sec. 6. Ballot form and results of election.
The ballot used in voting upon an initiated or referred ordinance shall
state the caption of the ordinance and below the caption shall set forth on
separate lines the words, "For the Ordinance" and "Against the Ordinance."
An initiated ordinance and an alternative ordinance proposed by the Council
which are submitted at the same election shall be appropriately identified as
the initiated or referred ordinance and as the ordinance proposed by the
Council.
Any number of ordinances may be voted upon at the same election in
accordance with the provisions of this article. An ordinance submitted and
receiving an affirmative majority of the votes cast, shall thereupon be
effective as an ordinance of the City. An ordinance so adopted may be
repealed or amended at any time after the expiration of two (2) years by a
20
four -fifths (4/5) vote of the Council. A referred ordinance which is not
approved by a majority of the votes cast shall be deemed thereupon repealed.
Sec. 7. Power of recall.
The people of the City reserve the power to recall the mayor or any member
of the Council and may exercise such power by filing with the city secretary
a petition, signed by qualified voters of the City equal in number to at
least thirty (30) per cent of the number of votes cast at the last regular
municipal election of the City, or by one hundred fifty (150) qualified
voters, whichever is greater, demanding the removal of a Council [ man ]
Member. The petition shall be signed and verified in the manner required for
an initiative petition, shall contain a general statement of the grounds for
which the removal is sought, and one of the signers of each petition paper
shall make an affidavit that the statements therein made are true.
Sec. 8. Recall election.
Within fifteen (15) days after the date of the filing of the papers
constituting the recall petition, the person performing the duties of city
secretary shall present such petition to the Council.
The officer whose removal is sought may, after such recall petition has
been presented to the Council, request in writing to the Council at next
regular meeting that a public hearing be held to permit [ him ] that officer
to present facts pertinent to the charges specified in the recall petition.
In this event, the Council shall order such public hearing to be held, not
less than five (5) days nor more than fifteen (15) days after receiving such
request for a public hearing.
If the officer whose removal is sought does not resign, then it shall
become the duty of the Council to order an election and fix a date for
holding such recall election, the date of which election shall not be less
than forty-five (45) days from the date such petition was presented to the
Council, or from the date of the public hearing if one was held.
21
Sec. 9. Recall ballot.
Ballots used at recall elections shall conform to the following
requirements:
(a) With respect to each person whose removal is sought,
the question shall be submitted "Shall (Name of Council
[ man ] Member or Mayor) be removed from the office of
Mayor or from the City Council [man ]?"
(b) Immediately below each such question there shall be
printed the two (2) following propositions, one above
the other, in the order indicated:
"For the recall of (Name of Mayor or Council [man] Member)"
"Against the recall of (Name of Mayor or Council [man] Member)"
Sec. 10. Results of a recall election.
If a majority of the votes cast at a recall election shall be against
removal of the Mayor or Council [man] Member named on the ballot, he shall
continue in office. If a majority of the votes cast at such election be for
the removal of the Mayor or Council [man] Member named on the ballot, the
Council shall immediately declare [ his ] the office vacant and such vacancy
shall be filled in accordance with the provisions of this Charter for the
filling of vacancies. A Mayor or Council [man] Member thus removed shall not
be a candidate to succeed himself in an election called to fill the vacancy
thereby created.
Sec. 11. Limitations on recall.
No recall petition shall be filed against any officer of the City within
three (3) months after his election, or within three (3) months after an
election for such officer's recall.
ARTICLE V. ADMINISTRATIVE ORGANIZATION
22
Sec. 1. The city manager.
The Council shall appoint a city manager for an indefinite term, who shall
be the chief administrative officer of the City. [ He ] The city manager
shall be chosen by the Council solely on the basis of [ his ] executive and
administrative training, experience, ability and character, and without
regard to political consideration. [ He ] The city manager need not, when
appointed, be a resident of the City of Euless, but shall, during his tenure
of office, [ he shall ] reside in the City of Euless. No member of the
Council shall, during the term for which elected, be chosen as city manager.
The city manager shall receive such compensation as may be fixed by the
Council.
Sec. 2. Powers and duties of the city manager.
The city manager shall be responsible to the Council for the proper
administration of all the affairs of the City. The powers herein conferred
upon the city manager shall include, but shall not be limited by, the
following:
(1)
Appoint, and when necessary for the welfare of the City,
remove any officer or employee of the City, except as
otherwise provided by this Charter and except as he may
authorize the head of a department to appoint and remove
subordinates in such department;
(2) Prepare and submit to the Council an annual budget
and be responsible for its administration after adop-
tion;
(3)
Prepare and submit to the Council as of the end of the
fiscal year a complete report on the finances and ad-
ministrative activities of the City for the preceding
year;
(4) Keep the Council advised of the financial condition and
23
(5)
future needs of the City and make such recommenda-
tions as may seem [ to him ] desirable;
Perform such other duties as may be prescribed by this
Charter or required [ of him ] by the Council, not incon-
sistent with this Charter;
(6) Attend all meetings of the Council, except when [ he ] the city
manager is under discussion, with the right to take part in the
discussion, but having no vote; and [ he ] the city manager shall
be notified of all special meetings of the Council.
Sec. 3. Removal of city manager.
The Council may remove the city manager, upon the affirmative vote of a
majority of full membership of the Council. If removed after serving three
(3) months, [ he ] Mho city manager may demand written charges and the right
to be heard thereon at a public meeting of the Council prior to the date on
which [ his ] the final removal shall take effect; but pending such hearing,
the Council may suspend [ him ] tbv city manager from office. The action of
the Council in suspending or removing the city manager shall be final, it
being the intention of the Charter to vest all authority and fix all
responsibility for such suspension or removal in the Council.
Sec. 4. Council not to interfere in city manager's appointments or removals.
Neither the Council nor any of its members shall direct or request the
appointment of any person to or [ his ] removal of any person from office by
the city manager or by any of [ his ] the city manager's subordinates.
However, the Council may consult and advise the city manager, make inquiry
regarding the appointments or removals and may express their opinion in
regard thereto. In regard to administrative and executive duties under the
city manager, the Council and its members shall deal solely through the city
manager and neither the Council nor any member thereof shall give orders to
any subordinate of the city manager, either privately or publicly. Willful
violation of the foregoing provisions of this Charter by any member of the
24
Council shall constitute official misconduct and shall authorize the Council
by a vote of a majority of its membership to expel such offending member from
the Council if found guilty after a public hearing, and thereby create a
vacancy in the place held by such member.
Sec. 5. Absence of the city manager.
To perform [ his ] the duties of city manager during [ his ] the city
manager's temporary absence or disability, the city manager, by letter filed
with the city secretary, may designate a qualified administrative officer of
the City. In the event of failure of the city manager to make such
designation, the Council may, by resolution, appoint an officer of the City
to perform the duties of the city manager until [ he ] the city manager shall
return or his disability shall cease. In case of disability or illness
exceeding thirty (30) days, where [ his ] the city manager's duties could not
be performed properly, [ his ] the cit'; manager's salary should be continued
at the discretion of the Council.
Sec. 6. Administrative departments.
There shall be such administrative departments as are established by this
Charter and such other administrative departments as may be deemed necessary
by the Council and as are established by ordinance, all of which shall be
under the control and direction of the city manager. The Council may abolish
or combine one or more departments created by it and may assign or transfer
duties of any departments of the City from one department to another by
ordinance.
Sec. 7. Directors of departments.
At the head of each department there shall be a director who shall be
appointed and who may be removed by the city manager. Such directors shall
have supervision and control over their respective departments and may serve
as chiefs of divisions within their respective departments. Two (2) or more
departments may be headed by the same individual, and the city manager may
head one or more departments.
25
ARTICLE VI. MUNICIPAL COURT
Sec. 1. Municipal court.
There shall be a court known as The Municipal Court of the City of Euless,
with such jurisdiction, powers and duties as are given and prescribed by the
laws of the State of Texas.
Sec. 2. Judge of the municipal court.
The municipal court shall be presided over by one or more magistrates who
shall be known as the city judge or judges of Euless, Texas, and shall be
duly licensed by the State of Texas as an attorney at law. Such judge or
judges shall be appointed by the Mayor and approved by the Council and shall
serve at the pleasure of the Council. Such judge or judges shall receive
such compensation as may be set by the Council. In the event the city judge
or judges are unable to act for any reason or in the event of a total
vacancy, the Mayor shall act in place of the city judge or judges until such
vacancy or vacancies shall be filled.
Sec. 3 Clerk of the municipal court.
There shall be a clerk of the municipal court who shall be appointed by,
and who shall serve at the pleasure of, the Council. The clerk shall have
power to administer oaths and affidavits, make certificates, affix the seal
of the court thereto and otherwise perform any and all acts necessary in
issuing process of such court and conducting the business thereof.
There shall be such deputy clerks of the municipal court as may be
authorized and appointed by the Council, who shall have authority to act for
and on behalf of the clerk of the municipal court.
Sec. 4. Procedure in the municipal court.
All complaints, prosecutions, the service of process, commitment of those
convicted of offenses, the collection and payment of fines, the attendance
26
and service of witnesses and juries, punishment for contempt, bail and taking
of bonds shall be governed by the provisions of the [ Code of Criminal
Procedure ] Constitution and Laws of the State of Texas applicable to
municipal courts.
ARTICLE VII. FINANCE
Sec. 1. Fiscal year.
The fiscal year of the City of Euless shall begin on October first of each
calendar year and will end on September thirtieth of the following calendar
year. The fiscal year will also be established as the accounting and budget
year. All funds collected by the City during any fiscal year, including both
current and delinquent revenue shall belong to such fiscal year and, except
funds derived to pay interest and create a sinking fund on the bonded
indebtedness of the City, may be applied to the payment of the expenses
incurred during such fiscal year. Any revenues uncollected at the end of any
fiscal year, and any unencumbered funds actually on hand, shall become
resources of the next succeeding fiscal year.
Sec. 2. Preparation and submission of budget.
The city manager, prior to August first of each year, shall prepare and
submit the budget, covering the next fiscal year, to the Council, which shall
contain the following information. In preparing the budget, each employee,
officer, board and department shall assist the city manager by furnishing all
necessary information.
(1)
The city manager's budget message shall outline the proposed
financial policies for the next fiscal year with explanations
of any change from previous years in expenditures and any
major changes of policy and a complete statement regarding
the financial conditions of the City.
(2) An estimate of all revenue from taxes and other sources,
including the present tax structure rates and property
27
(3)
evaluation for the ensuing year.
A carefully itemized list of proposed expenses by office,
department, agency, employee and project for the budget year,
as compared to actual expenses of the last ended fiscal year,
and the present year-to-date.
(4) A description of all outstanding bond indebtedness,
showing amount, purchaser, date of issue, rate of interest,
and maturity date, as well as any other indebtedness
which the City had incurred and which has not been paid.
(5)
A statement proposing any capital expenditures deemed
necessary for undertaking during the next budget year and
recommended provisions for financing.
(6) A list of capital projects which should be undertaken
within the five (5) next succeeding years.
Sec. 3. Budget a public record.
The budget and all supporting schedules shall be filed with the city
secretary when submitted to the Council and shall be open to public
inspection by anyone interested.
Sec. 4. Public hearing on budget.
At the Council meeting at which time the budget is submitted, the Council
shall, in conformance with the requirements of law, name the date and place
of a public hearing and shall cause to be published [ in the official
newspaper of the city ] the time and place thereof. [ which will be not less
than seven (7) days nor more than fifteen (15) days after the date of the
notice. ] At this hearing, interested citizens may express their opinions
concerning items of expenditure, giving their reasons for wishing to increase
or decrease any items of expense.
28
Sec. 5. Proceeding on adoption of budget.
After public hearing, the Council shall analyze the budget, making any
additions or deletions which they feel appropriate, and shall, at least ten
(10) days prior to the beginning of the next fiscal year, adopt the budget by
a favorable majority vote of all members of the Council.
Sec. 6. Budget, appropriation and amount to be raised by taxation.
On final adoption, the budget shall be in effect for the budget year.
Final adoption of the budget by the Council shall constitute the official
appropriations as proposed expenditures for the current year and shall
constitute the basis of the official levy of the property tax as the amount
of tax to be assessed and collected for the corresponding tax year.
Estimated expenditures will in no case exceed proposed revenue plus cash on
hand. Unused appropriations may be transferred to any item required for the
same general purpose.
Sec. 7. Unallocated reserve fund.
The city manager may recommend for action by the Council, an unallocated
reserve fund to be used for unexpected items of expense which were not
contained as original items of expenditures.
Sec. 8. Amending the budget.
Under extreme emergency conditions which may arise and which could not
reasonably have been foreseen in the normal process of planning the budget,
the Council may, by a majority vote of the full membership, amend or change
the budget to provide for any additional expense in which the general welfare
of the citizenry is involved. These amendments shall be by ordinance, and
shall become an attachment to the original budget.
Sec. 9. Certification; copies made available.
29
A copy of the budget, as finally adopted, shall be filed with the city
secretary. The final budget shall be printed, mimeographed or otherwise
reproduced and sufficient copies shall be made available for the use of all
offices, agencies and for the use of interested persons and civic
organizations.
Sec. 10. Defect shall not invalidate the 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.
Sec. 11. Independent audit.
At the close of each fiscal year, and at such other 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 results thereof shall be published forthwith in the official
newspaper of the City of Euless and copies placed on file in the city
secretary's office for public record.
Sec. 12. Purchase procedure.
Before any purchases or contracts are made by the City of Euless for
supplies, materials or equipment, the city manager or his authorized agent
shall give ample opportunity for competitive bidding under such rules and
regulations and with such exceptions, as the City Council may prescribe, or
as provided by law.
Sec. 13. Investment Policy.
The City may invest any city monies in accordance with Council adopted
policy and state law.
30
ARTICLE VIII. BONDS, WARRANTS AND OTHER
EVIDENCE OF INDEBTEDNESS
Sec. 1. Powers to issue.
In keeping with the constitution of the State of Texas and not contrary
thereto, the City of Euless shall have the power to borrow money on the
credit of the City for any public purpose not now or hereafter prohibited by
the constitution and laws of the State of Texas, and shall have the right to
issue all tax bonds, revenue bonds, funding and refunding bonds, time
warrants and other evidence of indebtedness as now authorized or as may
hereafter be authorized to be issued by cities and towns by the laws of the
State of Texas.
Sec. 2. Manner of issuance.
Bonds and warrants of the City of Euless shall be issued in the manner
provided by the general laws of the State of Texas.
Sec. 3. Sale of bonds.
No bonds issued by the City of Euless 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.
Sec. 4. Interest and sinking fund.
It shall be the duty of the Council to levy an annual tax sufficient to pay
the interest on and provide the necessary sinking fund required by law on all
outstanding general obligation bonds of the City. The interest and sinking
fund shall be deposited in a separate account and shall not be diverted to or
used for any other purpose than to pay the interest and principal on all such
bonds issued by the City of Euless. The sinking fund maintained for the
redemption of any debt may be invested in any interest bearing bonds of the
United States government, and/or secured bonds of the State of Texas as may
be provided by the laws of this state. [ Investment of all sinking funds for
31
interest shall mature at least fifteen (15) days prior to the date of payment
due on bonds issued by the City of Euless. The Council may also invest City
monies in any state or national chartered bank on time deposit interest. ]
Sec. 5. Revenue bonds.
The City shall have power to borrow money for the purpose of constructing,
purchasing, improving, extending, or repairing of public utilities,
recreational facilities or facilities for any other self-liquidating
municipal function not now or hereafter prohibited by general laws of the
state, and to issue revenue bonds to evidence the obligation created thereby.
Such bonds shall be a charge upon and payable solely from the properties, or
interest therein, acquired and the income therefrom, and shall never be a
debt of the City. Revenue bonds issued by the City may, within discretion of
the City Council, be submitted for approval by a majority of qualified
voters, voting at an election held for such purpose. The Council shall have
authority to provide for the terms and force of any purchase agreement,
contract, mortgage, bond or document desired or necessary for the issuance of
revenue bonds and the acquisition and operation of any such property or
interest.
Sec. 6. Execution and registration of bonds.
All bonds, warrants and certificates of indebtedness shall be signed by
the Mayor, countersigned by the city secretary, and sealed with the seal of
the City in the manner provided by general law, and shall be payable at such
times and place or places as may be fixed, not more than forty (40) years
from their date. It shall be the duty of the Mayor, when such bonds are
issued, to forward the same to the attorney general of the State of Texas for
approval and for registration by the comptroller of public accounts.
Sec. 7. Bond register.
The director of finance or other officer of the
City shall keep, or cause to be kept, for and on
complete bond registry and books, showing all
City designated by the
behalf of the City a
bonds, warrants and
32
certificates of indebtedness issued, the date and amount thereof, the rate of
interest, maturity, etc., of all bonds or other indebtedness surrendered and
all other transactions of the Council having reference to the refunding of
the indebtedness of said City. When bonds or their coupons are paid, their
payment or cancellation shall be noted in said registry. The books shall be
safely kept among the records of the City.
ARTICLE IX. TAXATION
Sec. 1. Powers of taxation.
[ The council shall have power to levy, for general purposes, an ad valorem
tax on real, personal, and mixed property within the territory of the City of
Euless, not exempt from taxation by the constitution and laws of the State of
Texas, based upon its true value as provided by law to the extent of the
constitutional limit permitted by the State of Texas to cities of over five
thousand (5,000) population. ]
[ The council may levy taxes on all property, privileges and franchises of
every kind and description within the city limits or having its situs therein
on January first of each year, and from any other local source, and provide
for rendition thereof, the place, time and manner of payment thereof, with
penalties, as the council may deem best, not in violation of the laws of this
state. ]
The Council shall have the power to levy, for general purposes, all types
of taxes as provided and permitted by the Constitution and laws of the State
of Texas, including motel/hotel occupancy taxes, occupational taxes, use
taxes, alcohol taxes, and ad valorem taxes on real, personal, and mixed
property within the territory of the City of Euless, not exempt from taxation
by the Constitution and laws of the State of Texas.
Sec. 2. [ Assessment of property for tax purposes. ] Tax Lien and
Liability.
33
[ Every person, partnership, association or corporation holding, owning or
controlling property within the limits of the city shall, between January
first and April thirtieth of each year, file with the tax assessor and
collector a full and complete sworn inventory rendition of such property
held, owned or controlled within the said city limits on January first of
each year. The Council may prescribe by ordinance the mode and manner of
making such inventories and penalty for failing or refusing to submit the
same. The city tax assessor and collector shall review all renditions made
to him and determine the value of the property rendered and fix the value
thereof for tax purposes. If the assessor fixes a value higher than that
shown on the owner's last tax statement, he shall give written notice thereof
to such owner at his last known address by depositing the same, postage paid,
in the U.S. mail, notifying• him of such change and advising him that he may
appear before the board of equalization to protest such change. ]
A special lien is hereby created on all real, personal and mixed
property, located in the City of Euless, in favor of the City of Euless, for
all unpaid taxes. The priority of said lien shall be determined in
accordance with the laws of the State of Texas and of the United States.
[ Sec. 3. Exempt property. ]
[ All household furnishings and effects used by the taxpayer in his actual
residence and all motor vehicles used by the taxpayer for his own personal
use shall be exempt from taxes. ]
[ Sec. 4. Unrendered property. ]
[ The assessor and collector of taxes shall assess all property which for
any cause has not been rendered, placing such valuation thereon as he may
deem just. If the owners of such property are unknown, such assessment may
be made in the name, "Unknown." ]
[ Sec. 5. Payment of taxes. ]
34
[ The taxes herein and hereby authorized to be levied shall become due and
payable October first of the year assessed, and same shall be payable in cash
at the office of the assessor and collector of taxes or such other officer as
the city may, by ordinance, prescribe.
[ Sec. 6. Delinquent taxes. ]
[ Taxes shall be deemed and become delinquent if not paid prior to February
first of the year following assessment, and such delinquent taxes shall be
subject to a penalty at a rate established by the council. ]
[ In addition to the penalty above prescribed, such delinquent taxes shall
bear interest at a rate, from date of original delinquency, as established by
the council. In addition to the penalty and interest herein provided for,
such delinquent taxpayer shall be subject to the payment of all costs and
expenses incurred in the advertisement of such delinquent property and the
collection of such taxes through any method provided by this charter and/or
the laws of the State of Texas. Such costs and expenses of collection,
penalties and interest shall be an obligation of the.. taxpayer and be secured
by the same lien and collected in the same manner as other taxes. ]
[ Sec. 7. Tax lien and liability. ]
[ A special lien is hereby created on all real, personal and mixed
property, located in the City of Euless, in favor of the City of Euless for
all taxes, ad valorem, occupational or otherwise. Said lien shall exist from
January first in each year until the taxes are paid. 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, but the
assessor and collector of taxes can pursue such property, and whenever found
out may, by judicial writ, seize and sell enough thereof to satisfy such
taxes. ]
[ All persons or corporations owning real, personal or mixed property on
the first day of January of each year shall be liable for all municipal taxes
levied thereon for such year. ]
35
[ Sec. 8. Joint interest in property. ]
[ The assessor and collector of taxes shall not be required to make
separate assessments of joint interests or conflicting interests in any real
estate, but the owner of such interest may furnish to the assessor and
collector of taxes at any time before the first day of April of each year a
written description of any parcel of land in which he has an interest less
than the whole showing the amount of his interest therein, if known. The
assessor and collector of taxes may thereupon assess such interest as a
separate parcel and the remaining interest as a different parcel and proceed
to fix the value of each. ]
[ The assessor and collector of taxes may receive the taxes on part of any
lot or parcels of real estate or any undivided interest therein, but no such
taxes shall be received until the person rendering the same shall have
furnished the said assessor and collector of taxes a particular description
of the particular part or interest on which payment is tendered. ]
[ Sec. 9. Board of equalization. ]
[ The council shall each year prior to the first day of May, or as soon as
practicable thereafter appoint a board of equalization to be composed of
three (3) members who may not be members of the governing body, and who are
qualified taxpaying voters of Euless, well acquainted with property values.
Said board shall choose from its membership a chairman who shall preside at
all board meetings. The said board shall convene as near as practicable on
the first day of May, giving notice of time and place of meeting, and
continue its labors until its said work is completed, but not to continue
longer than the first day of August following. It shall be the duty of the
council, as soon as the assessment rolls are completed, to refer the same to
the board of equalization, whose duty it shall be to equalize the taxes
assessed on such rolls and to make all necessary correction and adjustment
and shall be governed in its procedure by the laws of this state, relating to
the equalization of state and county taxes by commissioner's court. In
addition to the foregoing, the said board shall have the power, when sitting,
to compel the production of all books, documents, stocks, bonds and other
36
papers pertinent to any investigation of the taxable property of any person
or persons, firm or corporation having or owning property within the
corporate limits of the city subject to taxation. Said board shall have full
power to correct any mistakes or inequality in the assessment of property. A
majority of the said board shall constitute a quorum for the transaction of
business. The assessor and collector of taxes shall serve as ex officio
secretary to said board. Immediately upon completion of its work, the board
shall certify its approval of the assessment rolls and forward the same to
the council. The council shall thereupon approve the assessment rolls and
they shall thereon become the assessment rolls of the city for that tax
year.]
[ Sec. 10. Appeals to board of equalization. ]
[ Any person disagreeing with the assessor and collector of taxes in the
assessment, or in the valuation of property for taxing purposes, shall be
entitled to make complaint to the board of equalization and to appeal to said
board for revision and correction of the matter upon which said complainant
is based. The board may examine the complainant, his agent or attorney and
other persons in regard to the matter complained of and may compel the
attendance of witnesses and the production of books and papers necessary to
furnish information to the board. ]
ARTICLE X. PLANNING
Sec. 1. The Planning and Zoning Commission.
There shall be established a Planning and Zoning Commission which shall
consist of a minimum of seven (7) citizens from the City of Euless [ who own
real property within said city ]. The members of said Commission shall be
appointed by the City Council for a term of two (2) years. Three (3) members
of the Planning and Zoning Commission shall be so appointed each odd -numbered
year and four (4) members shall be so appointed each even -numbered year. The
Commission shall elect a chairman from among its membership and shall meet
not less than once each month. Vacancies and unexpired terms shall be filled
37
by the Council for the remainder of the term. A majority of the members
shall constitute a quorum. Members of the Commission may be removed by the
Mayor with the consent of the Council after public hearing and for cause set
forth in writing.
The Commission shall keep minutes of its proceedings which shall be of
public record. The Commission shall serve without compensation.
Sec. 2. Planning and Zoning Commission powers and duties.
The Planning and Zoning Commission shall:
(a) Recommend a city plan for the physical development of the
City,
(b) Recommend to the City Council approval or disapproval of
proposed changes in the zoning plan, and
(c) Exercise [ control ] advisory authority over platting or subdividing
land within the corporate limits of the City and outside said
corporate limits to the extent authorized by law.
The Commission [ shall be responsible to and act as an advisory body to
the council and ] shall have and perform such additional duties as may be
prescribed by ordinance, including the exercise of final authority over
platting or subdividing land.
Sec. 3. The master plan.
The master plan for the physical development of the City of Euless shall
contain the Commission's recommendations for growth, development and
beautification of the City. A copy of the master plan, or any part thereof,
shall be forwarded to the City Council, which may adopt this plan in whole or
in part, and may adopt any amendments thereto after at least one public
hearing on the proposed action. The City Council shall act on such plan, or
part thereof, within sixty (60) days following its submission. If such plan,
38
or part thereof, shall be rejected by the Council, the Commission may modify
such plan, or part thereof, and again forward it to the City Council for
consideration.
All amendments to the master plan recommended by the Commission shall be
submitted in the same manner as outlined above to the City Council for
approval, and all recommendations affecting the master plan shall be
accompanied by a recommendation from the Planning and Zoning Commission.
Sec. 4. Legal effect of the master plan.
Upon the adoption of a master plan by the City Council, no subdivision,
street, park or any public way, ground or space, public building or
structure, or public utility whether publicly or privately owned, which is in
conflict with the master plan shall be constructed or authorized by the City
until and unless the location and extent thereof shall have been submitted to
and approved by the Commission. In case of disapproval, the Commission shall
communicate its reasons to the Council, which shall have the power to
overrule such disapproval, and upon such overruling, the Council shall have
power to proceed. The widening, narrowing, relocating, vacating or change in
the use of any street, alley or public way or ground, or the sale of any
public building or real property, shall be subject to similar submission and
approval by the Planning and Zoning Commission, and failure to approve may be
similarly overruled by the City Council.
ARTICLE XI. FRANCHISES AND PUBLIC UTILITIES [*]
Sec. 1. Powers of the City.
In addition to the city's power to buy, own, construct, maintain and
operate utilities within or without the city limits, and to manufacture and
distribute electricity, gas or anything else that may be needed or used by
the public, the City shall have further power as may now or hereafter be
granted under the constitution and laws of the State of Texas.
39
Sec. 2. Inalienability of control of public property.
The right of control and use of the public streets, highways, sidwewalks,
alleys, parks, public squares and public places of the City is hereby
declared to be inalienable by the City, except by ordinances not in conflict
with the provisions of this Charter. No act or omission by the Council or
any officer or agent of the City shall be construed to grant, renew, extend
or amend, expressly or by estoppel or implication any right, franchise or
easement affecting said public streets, highways, sidewalks, alleys, parks,
public squares, public places and other real property, except as provided in
this Charter.
Sec. 3. Ordinance granting franchises.
All ordinances granting, amending, renewing or extending franchises for
public utilities shall be read at two (2) separate regular meetings of the
Council and shall not be finally passed until thirty (30) days after the
first reading; and no such ordinance shall take effect until thirty (30) days
after its final passage; and pending such time, the full text of such
ordinance shall be published once each week for four (4) consecutive weeks in
the official newspaper of the City of Euless and the expense of such
publication shall be borne by the proponent of the franchise.
Sec. 4. Transfer of franchise.
No public utility franchise shall be transferable except to persons,
firms, or corporations taking all or substantially all of the holder's
business in the City of Euless and except with the approval of the Council
expressed by ordinance.
Sec. 5. Franchise value not to be allowed.
In fixing reasonable rates and charges for utility service within the City
and in determining the just compensation to be paid by the City for public
utility property which the City may acquire by condemnation or otherwise,
40
nothing shall be included as the value of any franchise granted by the City
under this Charter.
Sec. 6. Regulation of rates.
[ The council shall have full power after notices and hearing to regulate
by ordinance the rates, charges and fares of every public utility franchise
holder operating in the city, provided that no such ordinance shall be passed
as an emergency measure. Every franchise holder 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 investments properly
allocable to service in the city, and the amount and character of its
expenses and revenues connected with the rendering of such service. In
connection with the city council's power to regulate rates and services,
articles 1119 through 1124A, both articles inclusive, of the 1925 Revised
Civil Statutes of the State of Texas as now or hereafter amended are hereby
adopted as a part of this charter. 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 specifically 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 such motion. Such motion shall be deemed overruled unless acted
upon by the council within a reasonable time, not to exceed ninety (90) days
from the filing of such motion for rehearing; provided, that the council may
by resolution extend such time limit for acting on said motion for rehearing
from ninety (90) days to one hundred eighty (180) days. ]
The Council shall, to the extent and in the manner authorized by law, have
full power to regulate by ordinance the rates, charges and fares of every
public utility franchise holder operating in the City, provided that no such
ordinance shall be passed as an emergency measure.
Sec. 7. Consent of property owners.
41
The consent of abutting and adjacent property owners shall not be required
for the construction, extension, maintenance or operation of any public
utility; but nothing in this Charter or in any franchise granted thereunder
shall ever be construed to deprive any such property owners of any right of
action for damage or injury to his property as now or hereafter provided by
law.
Sec. 8. Extensions.
All extensions of public utilities within the city limits shall become a
part of the aggregate property of the public utility, shall be operated as
such, and shall be subject to all the obligations and reserved rights
contained in this Charter and in any original grant hereinbefore made. The
right to use and maintain any extensions shall terminate with the original
grant. In case of an extension of 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.
Sec. 9. Temporary permits.
Permits unconditionally revocable at the will of the governing body for
minor or temporary privileges in the streets, public ways and public places
of the City may be granted and revoked by ordinance from time to time, and
such permits shall not be deemed franchises as the term is used in this
Charter.
Sec. 10. Other conditions.
All franchises heretofore granted are recognized as contracts between the
City of Euless and the grantee, and contractual rights as contained in any
such franchises shall not be impaired by the provisions of this Charter,
except that the power of the City of Euless to exercise the right of eminent
domain in the acquisition of any utility property is in all things reserved,
and except the general powers of the City heretofore existing and herein
provided for to regulate the rates and services of a utility, which shall
include the right to require adequate and reasonable extension of plant and
42
service and the maintenance of the plant fixtures at the standard necessary
to render the highest reasonable quality of utility service to the public.
Every public utility franchise hereafter granted shall be held subject to all
the terms and conditions contained in the various sections of this article
whether or not such terms are specifically mentioned in the franchises.
Nothing in this Charter shall operate to limit in any way, as specifically
stated, the discretion of the Council or the electors of the City in imposing
terms and conditions as may be reasonable in connection with any franchise
grant, including the right to require such compensation or rental as may be
permitted by the laws of the State of Texas.
Sec. 11. Franchise records.
Within six (6) months after this Charter takes effect, every public
utility and every owner of public utility franchises shall file with the
City, as may be prescribed by ordinance, certified copies of all franchises
owned or claimed, or under which such utility is operated in the City of
Euless. The City shall compile and maintain a public record of public
utility franchises.
Sec. 12. 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 liability subdivided by classes,
depreciation reserve, other reserves, and surplus; also revenues; operating
expenses including depreciation, interest payments, rental, and other
disposition of annual income. The accounts shall show the actual capital
cost to the City of each public utility owned, also the cost of all
extensions, additions, and improvements and the source of the funds expended
for such capital purposes. They shall show as nearly as possible the cost of
any service furnished or rendered by any such utility to any other city or
governmental department. The Council shall annually cause to be made by a
certified public accountant, and shall publish, a report showing the
financial condition of said public utility and the financial results of such
43
city ownership and operation, giving the information specified in this
section and such additional data as the Council shall deem expedient.
ARTICLE XII. GENERAL PROVISIONS
Sec. 1. Public records of the City.
Every ordinance or resolution, upon its becoming effective, shall be
recorded in a book kept for that purpose and shall be authenticated by the
signature of the Mayor or Council [man] Ember and attested by the city
secretary as herein provided, which book and a duplicate copy thereof shall
be kept in a fireproof city depository. All public records of every office,
department, or agency of the City shall be open to inspection by any citizen
at all reasonable times, provided that police records and vital statistics
records, and any other records closed to the public by law, shall not be
considered public records for the purpose of this section.
Sec. 2. Personal interest in City contracts.
No officer or employee of the City of Euless shall have a financial
interest, direct or indirect, in any contract with the City, or be
financially interested directly or indirectly in the sale to the City of any
land, materials, supplies or services, except on behalf of the City as an
officer or employee. Any knowing and willful violation of this section shall
constitute malfeasance in office and any officer or employee guilty thereof
shall be removed from his office or position. Any violation of this section,
with the knowledge, expressed or implied, of the person or corporation
[contacting] contracting with the governing body of the City shall render the
contract involved voidable at the discretion of the governing body.
Sec. 3. Nepotism.
No person related within the second degree by affinity, or the third
degree by consanguinity to the Mayor, any member of the City Council, or the
city manager shall be appointed to any paid office, position, clerkship, or
other service of the City. This prohibition shall not apply, however, to any
44
person who shall have been employed by the City prior to and at the time of
the election of the Mayor or Council [man] Member, or appointment of the city
manager, so related to him.
Sec. 4. Officers not to be interested in franchises; forfeiture of office.
No officer or employee of the City of Euless shall accept, directly or
indirectly, any gift, favor, privilege or employment from any public utility
corporation enjoying a grant of any franchise, privilege or easement from
said City, during the term of office of such officer, or during the
employment of such employee of the City, except as may be authorized by law
or ordinance. Any officer or employee of the City who shall violate the
provisions of this section shall [ be guilty of a misdemeanor and shall ] be
punished [ by such fine ] as may be prescribed by [ ordinance ] law for
[ this ] such offense. [, and may forthwith be removed from office.]
Sec. 5. Removal of Mayor or Council Member for Official Misconduct or
Incompetency
A Mayor or Council Member may, upon notice and hearing, with opportunity
to respond, be removed from office by the unanimous vote of remaining Council
Members for official misconduct or incompetency. A Mayor or Council Member
removed for offical misconduct or incompetency shall not be eligible for
re-election to the same office for two years after the date of removal.
Sec. [ 5.] 6 Mechanic, material or labor claim.
All subcontractors, materialmen, mechanics and laborers upon any public
works of the City of Euless are hereby required to notify the City of all
claims they may have against the contractor on account of such work, and when
such notice has been given, the City shall retain an amount from any funds
due the contractors, sufficient to satisfy such claims; provided that such
notice must be given at any time after such indebtedness becomes due and
before the city's final settlement with the contractor; and provided further,
that no contractor or subcontractor shall issue any checks on, or on account
of, any public works of said City.
45
Sec. [ 6.] 7 Notice of claim.
The City of Euless shall not be held responsible on account of any claim
for damages to any person or property unless the person making such complaint
or claiming such damages shall, [ within thirty (30) days after the time at
which it is claimed such damages were inflicted upon such person or
property,] within appropriate periods prescribed by law or ordinance of the
City, file with the city secretary [,] a written statement under oath,
detailing the incident, and if it be for personal injuries, giving a list of
the witnesses, if any known to affiants, who witnessed such accident or such
other or further report as may be required by applicable law or
ordinance.
Sec. [ 7.] 8 Assignment, execution and garnishment.
The property, real and personal, belonging to said City shall not be
liable to be sold or appropriated under any writ of execution or cost bill,
nor shall the funds belonging to said City, in the hands of any person, be
liable to garnishment on account of any debt the City may owe or funds the
City may have on hand due any person, nor shall any of its officers or agents
[ shall ] be required to answer any writ of garnishment on any account
whatsoever, nor shall said City 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 any such attempted assignment shall be
absolutely void as to the City.
Sec. [ 8.] 9 Bonds of contractors.
The governing body of the City of Euless shall require good and sufficient
bonds of all contractors, with a good corporate surety thereon, acceptable to
the governing body of the City of Euless.
Sec. [ 9.] 10 Condemnation of dangerous structures.
46
Whenever, in the opinion of the governing body of the City of Euless, or
appropriate city official, any building, fence, shed, awning, cave,
excavation, structure, object or thing of any kind or part thereof may fall
or collapse and injure persons or property, the City may order the owner or
agent of the same or occupant of the premises, to take such corrective
measures as the governing body may direct, and may punish by fine all persons
failing to do so. Upon [ his ] failure to comply, the governing body shall
have the additional power to remove the same on account of the owner of the
property and assess the expenses thereof, including condemnation proceedings,
as a special tax against the land or improvements, and same may be collected
as other special taxes provided for in this Charter, or by suit in any court
of competent jurisdiction.
Sec. [ 10.] 11 Building permits.
The City of Euless shall have power to prohibit the erection or
construction of any building or structure of any kind within the City of
Euless without a permit first having been issued by the City for the
construction or erection of such building or structure, and may authorize a
fee to be charged for such permit, and in pursuance of said authority may
authorize the inspection by the City of all buildings or structures during
the progress of their construction and may require that all buildings shall
be constructed in conformity with the building code which exists in said City
or shall hereafter be passed.
Sec. [ 11.] 12 Pools, ponds and lakes.
The City of Euless shall have power to control or prohibit the
construction of pools, ponds or lakes, receiving water from a recognizable
stream, creek, branch or natural drainage. The City may control location,
construction, height of structure, depth and size of body of water to be
impounded. No pool, pond or lake, receiving water from a recognizable
stream, creek, branch or natural drainage, shall be constructed without first
obtaining a permit issued by the City.
47
Sec. [ 12.] 13 Bonds of city officials, employees, or department
directors.
In addition to any bonding provisions herein provided, the Council may
require any city official, department director or city employee, before
entering upon his duties, to execute a good and sufficient bond with a surety
company doing business in the State of Texas, and approved by the Council, as
surety thereon, said bond to be in such amount as the Council may demand,
payable to the City of Euless, and conditioned for the faithful performance
of the duties of his office; premium of such bond to be paid by the City.
Sec. [ 13.] 14 Amendment of the Charter.
This Charter may be amended no more than once every two (2) years as
provided by the laws of the State of Texas.
Sec. [ 14.] 15 Separability clause.
If any section or part of a section of this Charter is held to be invalid
or unconstitutional by a court of competent jurisdiction, such invalidity
shall not invalidate or impair the validity, force or effect of any other
section or part of a section of this Charter.
Sec. [ 15.] 16 Construction of the Charter.
In the wording of the Charter, the use of the singular number shall
include the plural, and the plural shall include the singular. Words used in
the masculine gender shall include the feminine also, unless by reasonable
construction, it appears that such was not the intention of this Charter.
Sec. [ 16.] 17 Construction of power.
This Charter shall not be construed as a mere grant of enumerated powers,
but shall be construed as a general grant of power and as a limitation of
power on the government of the City of Euless in the same manner as the
48
constitution of Texas is construed as a limitation on the powers of the
legislature. Except where expressly prohibited by this Charter, each and
every power under Article XI, Section 5, of the Constitution of Texas, which
it would be competent for the people of the City of Euless to grant expressly
to the City, shall be construed to be granted to the City by this Charter.
Sec. [ 17.] 18 Effective date of Charter.
This Charter, if adopted, shall become effective from and after the votes
cast at the election at which it is submitted to the voters shall have been
counted and the result of said election declared and an order or ordinance
shall have been entered upon the records of the City Council declaring it
adopted.
Sec. [ 18.] 19 Rearrangement and renumbering.
The Council shall have the power, by ordinance, to renumber and rearrange
all articles, sections, and paragraphs of this Charter or any amendments
thereto, as it shall deem appropriate, and upon the passage of any such
ordinance, a copy thereof certified by the city secretary, shall be forwarded
to the secretary of state for filing.
Sec. [ 19.] 20 Exemption from appeal bond.
It shall not be necessary in any action, suit or proceeding in which the
City is a party, for any bond, undertaking or security to be executed by or
on behalf of said City.
ARTICLE XIII. [ PARKS AND RECREATION BOARD ]
PARKS AND LEISURE SERVICES BOARD
Sec. 1. Creation of the [ City of Euless Parks and Recreation Board ] Parks.
and Leisure Services Board.
There shall be established by the [ Euless ] City Council a [ parks and
recreation board ] Parks and Leisure Services Board which shall consist of
49
six (6) residents of the City of Euless. The members of said [ parks and
recreation board ] Parks and Leisure Services Board shall be appointed by the
[ Euless ] City Council for a term of two (2) years. Three (3) members of
the [ Euless Parks and Recreation Board ] Parks and Leisure Services Board
shall be so appointed each odd numbered year and three (3) members shall be
so appointed each even numbered year. The membership of the [ parks and
recreation board ] Parks and Leisure Services Board shall elect a chairman
from among its members and shall meet not less than once each month.
Vacancies and unexpired terms shall be filled by the [ Euless ] City Council
for the remainder of the term. A majority of the members shall constitute a
quorum. The [ parks and recreation board ] Parks and Leisure Services Board
shall keep minutes of its proceedings, which shall be of public record2 and
shall serve without compensation. The duties and responsibilities of the [
Euless Parks and Recreation Board ] Parks and Leisure Services Board shall be
defined by ordinance adopted by the [ Euless ] City Council. The Board shall
be responsible to and act as an advisory body to the [ Euless ] City Council
and shall have and perform such additional duties as may be prescribed by
ordinance from time to time.
ARTICLE XIV. LIBRARY BOARD
Sec. 1. Creation of the [ City of Euless ] Library Board.
There shall be established by the [ Euless ] City Council a Library Board
which shall consist of six (6) residents of the City of Euless. The members
of said Library Board shall be appointed by the [ Euless ] City Council for a
term of two (2) years. Three (3) members of the [ Euless ] Library Board
shall be so appointed each odd numbered year and three (3) members shall be
so appointed each even numbered year. The membership of the Library Board
shall elect a chairman from among its members and shall meet not less than
once each month. Vacancies and unexpired terms shall be filled by the [
Euless ] City Council for the remainder of the term. A majority of the
members shall constitute a quorum. The Library Board shall keep minutes of
its proceedings= which shall be of public record, and shall serve without
compensation. The duties and responsibilities of the [ Euless ] Library
Board shall be defined by ordinance adopted by the [ Euless ] City Council.
50
The Board shall be responsible to and act as an advisory body to the
[ Euless 1 City Council and shall have and perform such additional duties as
may be prescribed by ordinance from time to time.
51