HomeMy WebLinkAboutCity of Euless Charter Pamphlet - Supplement No.3 1994CHARTER PAMPHLET
SUPPLEMENT NO. 3
August 1994
CHARTER
City of
EULESS, TEXAS
Looseleaf Supplement
This Supplement is a reprint of the changes in the Charter of the Code of
Ozdinances, Euless, Texas, as they appear in Supplement No. 3 to the main
volume.
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MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(904) 576-3171
1-800-262-CODE
CHARTER
CITY OF
EULE S S, TEXAS
This pamphlet is a reprint of the Charter of the City of Euless, Texas,
published by order of the City Council.
MUNICIPAL CODE CORPORATION
Tallahassee, Florida 1992
PART I
CHARTER*
Article I. Incorporation, Form of Government and Powers
Sec. 1. Incorporation.
Sec. 2. Form of government.
Sec. 3. General powers of the City.
Sec. 4. Streets and public property.
Sec. 5. Street development and improvement.
Sec. 6. Boundaries.
Sec. 7. Annexation and de.annexation.
Article H. City Council
Sec. 1. Number, selection, term of office and compensation.
Sec. 2. Qualifications.
Sec. 3. Council to be the judge of the qualifications of its own members.
Sec. 4. Vacancies.
Sec. 5. Powers of the council.
Sec. 6. Mayor, Mayor Pro Tem.
Sec. 7. City secretary.
Sec. 8. City attorney.
Sec. 9. Meetings of the Council.
Sec. 10. Rules of procedure.
Sec. 11. Procedure to enact legislation.
Sec. 12. Publication of ordinances.
Sec. 13. Adoption and ratification of existing ordinances,
Sec. 14. Code of ordinances.
Sec. 1,
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6,
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6,
Sec, 7.
Sec. 8.
Sec. 9.
Sec. 10.
Sec. 11.
Article II. Elections
General elections.
Regulation of elections.
Filing for office.
Official ballot.
Conducting and canvassing elections.
Special elections.
Article IV. Initiative, Referendum and Recall
Power of initiative.
Power of referendum.
Form of petition.
Filing, examination and certification of petition.
Council consideration and submission to voters.
Ballot form and results of election.
Power of recall.
Recall election.
Recall ballot.
Results of a recall election.
Limitations on recall.
*Editor's note -Printed herein is the Charter of the City of Euless, Texas, adopted on July 21, 1962. It is set out herein as
enacted, with the following exceptions: the article titles and the section captions may have been altered or expanded slightly in
some instances to more fully apprise the user of the contents, Words appearing in brackets have been inserted by the editor for
clarification or correction of apparent errors. Amendatory enactments are cited in parentheses following amended sections. Obvi.
ously misspelled words have been corrected without notation.
CHT:1
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
Sec. 10.
Sec. 11.
Sec. 12.
Sec. 13.
EULESS CODE
Article V. Administrative Organization
City manager.
Powers and duties of the city manager.
Removal of city manager.
Council not to interfere in city manager's appointments or re-
movals.
Absence of the city manager.
Administrative departments.
Directors of departments.
Article VI. Municipal Court
Municipal court.
Judge of the municipal court.
Clerk of the municipal court.
Procedure in the municipal court.
Article VII. Finance
Fiscal year.
Preparation and submission of budget.
Budget a public record.
Public hearing on budget.
Proceeding on adoption of budget.
Budget, appropriation and amount to be raised by taxation.
Unallocated reserve fund.
Amending the budget.
Certification; copies made available.
Defect shall not invalidate the tax levy.
Independent audit.
Purchase procedure.
Investment policy.
Article VIII. Bonds, Warrants and Other Evidence of Indebtedness
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 1.
Sec. 2.
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Powers to issue.
Manner of issuance.
Sale of bonds.
Interest and sinking fund.
Revenue bonds.
Execution and registration of bonds.
Bond register.
Article IX. Taxation
Powers of taxation.
Tax lien and liability.
Article X. Planning
Planning and Zoning Commission.
Planning and Zoning Commission powers and duties.
Master plan.
Legal effect of the master plan.
Article XI. Franchises and Public Utilities
Powers of the City.
Inalienability of control of public property.
Ordinance granting franchises.
Transfer of franchise.
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CHARTER
Sec. 5. Franchise value not to be allowed.
Sec. 6. Regulation of rates.
Sec. 7. Consent of property owners.
Sec. 8. Extensions.
Sec. 9. Temporary permits.
Sec. 10. Other conditions.
Sec. 11. Franchise records.
Sec. 12. Accounts of municipally owned utilities.
Article MI. General Provisions
Sec. 1. Public records of the City.
Sec. 2. Personal interest in city contracts.
Sec. 3. Nepotism.
Sec. 4. Officers not to be interested in franchises; forfeiture of office.
Sec. 5. Removal of Mayor or Council Member for official misconduct or
incompetency.
Sec. 6. Mechanic, material or labor claim.
Sec. 7. Notice of claim.
Sec. 8. Assignment, execution and garnishment.
Sec. 9. Bonds of contractors.
Sec. 10. Condemnation of dangerous structures.
Sec. 11. Building permits.
Sec. 12. Pools, ponds and lakes.
Sec. 13. Bonds of city officials, employees, or department directors.
Sec. 14. Amendment of the Charter.
Sec. 15. Separability clause.
Sec. 16. Construction of the Charter.
Sec. 17. Construction of power.
Sec. 18. Effective date of Charter.
Sec. 19. Rearrangement and renumbering.
Sec. 20. Exemption from appeal bond.
Article XIII. Parks and Leisure Services Board
Sec. 1. Creation of the Parks and Leisure Services Board.
Article XIV. Library Board
Sec. 1. Creation of the library board.
CHT:3
CHARTER Art. I, § 5
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 con-
tinue 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 sub-
ject 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 legis-
lation, adopt budgets, determine policies, appoint
the city secretary, city attorney, judge of the mu-
nicipal court, and clerk of the municipal court,
and the Council shall also appoint the city man-
ager, who shall execute the laws and administer
the government of the City.
(Amended, 4-19-75; amended, 11-5-91)
State law reference —Home rule, V.T.C.A., Local Govern-
ment Code § 26.001 et seq.
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 im-
plied 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 govern-
ment 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 corpo-
rate 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 do-
main 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 main-
tenance of the good government, order, and peace
of the City and the welfare, health, morals, com-
fort, safety and convenience of its inhabitants.
All such powers, whether expressed or implied,
shall be exercised and enforced in the manner pre-
scribed in the Charter, or when not prescribed
herein, in such manner as shall be provided by
ordinance or resolution of the Council.
(Amended, 11-5-91)
State law reference —Home rule powers, Texas Const., art.
16, § 5.
Sec. 4. Streets 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, 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, im-
prove, alter, abandon, or vacate the same; to reg-
ulate the use thereof; and to abate and remove in
a summary manner any encroachment thereon.
Sec. 5. Street development and improve-
ment.
The City shall have the power to develop and
improve, or cause to be developed and improved,
any and all public streets, sidewalks, alleys, high-
ways, and other public ways within the corporate
limits of the City by laying out, opening, nar-
rowing, widening, straightening, extending,
lighting and establishing building lines along the
same; by purchasing, condemning, and taking
CHT:5
Art. I, § 5 EULESS CODE
property therefor; by filling, grading, raising, low-
ering, paving, repaving, and repairing, in a per-
manent manner, the same; and by construction,
reconstructing, altering, repairing, and realigning
curbs, gutters, drains, sidewalks, culverts, and
other appurtenances and incidentals in connec-
tion with such development and improvement au-
thorized hereinabove, or any combination or parts
thereof. The cost of such development and improve-
ment may be paid partly or entirely by assess-
ments levied as a lien against the property abut-
ting 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 en-
hancement in value of such property occasioned
by such improvement.
As alternate and cumulative methods of devel-
oping, improving, and paving any and all public
streets, sidewalks, alleys, highways, and other
public ways within its corporate limits, the City
shall have such other and further power and au-
thority as may be conferred by the constitution
and laws of the State of Texas.
(Amended, 11-5-91)
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 here-
after be in the office of the city secretary of the
City of Euless.
State law reference —Map of municipal boundaries,
V.T.C.A., Local Government Code § 41.001.
Sec. 7. Annexation and de•annexation.
Extension of city limits by petition. Whenever a
majority of the legally qualified 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 terri-
tory, then when persons owning a majority of the
land in area in said territory, desire the annex-
ation 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 affi-
davit 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 qual-
ified 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 there-
upon the Council at regular session or in special
session held not sooner than thirty (30) days after
the presentation of said petition may by ordi-
nance 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, or-
dinances, 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
territory lying adjacent to said City, with or
without the consent of the inhabitants of the ter-
ritory 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 en-
larging or not extending the boundary limits set
forth in the published ordinance may be incorpo-
rated into the proposed ordinance without the ne-
cessity 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 con-
test, and after such citizens shall have been given
an opportunity to be heard, said ordinance, in orig-
inal or amended form, as the Council in its judg-
ment 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 citi-
CHT:6
CHARTER Art. II, § 2
zens 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 ac-
curately 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 in-
debtedness incurred while said area was a part of
the City as though the same had not been ex-
cluded 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 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.
(Amended, 11-5-91)
State law reference —Annexation, V.T.CA., Local Govern-
ment Code § 43.001 et seq.
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 six (6)
Council Members, and said body shall be known
as the "City Council of the City of Euless." The
*State law reference —Form of government, V.T.C.A.,
Local Government Code § 26.021 et seq.
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. The Mayor and
members of the Council shall draw no compensa-
tion as such for their duties, but shall be reim-
bursed for any lawful expenditures made in be-
half of the City or expenses incurred in the
performance of their office duties, when approved
by the Council.
Each Council Member shall occupy a specific
place. The office of Mayor and Council places two
(2) and four (4) shall be filled by regular City elec-
tion 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 City
election in 1994 and thereafter for terms of three
(3) years, or until their successors are duly elected
and qualified.
(Amended, 2-18-69; amended, 11-5-91)
Sec. 2. Qualifications.
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 candi-
dates 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 crim-
inal 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
CHT:7
Art. II, § 2 EULESS CODE
armed forces of the United States or of the Na-
tional Guard or naval or military reserve or as a
retired member of the armed forces of the United
States.
(Amended, 11-5-91)
State law reference —Qualifications, V.T.C.A., Election
Code § 141.001 et seq.
Sec. 3. Council to be the judge of the quali-
fications of its own members.
The City Council shall be the judge of the elec-
tion 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 Council shall, as soon as prac-
ticable after a regular or special election, either
at a called meeting of said Council, called for that
purpose, or at the next regular meeting, within
the period provided by law, canvass the returns
and declare the results of such election.
(Amended, 11-5-91)
Sec. 4. Vacancies.
In the event a vacancy occurs in the office of
Mayor or in the City Council from any cause what-
soever, a special election shall be held on the first
election date authorized by law for the purpose of
filling such position for the remainder of the un-
expired term thereof; provided, however, if such
vacancy occurs less than ninety (90) days and more
than thirty (30) days prior to a general City elec-
tion, then such special election shall be held and
such vacancy shall be filled by 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.
(Amended, 11-5-91)
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.
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 the Mayor by this Charter and
the ordinances and resolutions passed in pursu-
ance hereof. The Mayor is a voting member of the
Council, but shall have no veto power. The Mayor
shall sign all conveyances made or entered into
by the City and all bonds issued under the provi-
sions of this Charter, and shall be the chief exec-
utive 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. 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 for all ceremonial pur-
poses. 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 six (6) Council Members; shall be se-
lected each year at the first regular meeting fol-
lowing the 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.
(Amended, 11-5-91)
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 authenti-
cate by 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 legally authorized and shall perform such other
duties as shall be required by this Charter or by
the City Council.
(Amended, 11-5-91)
State law reference —Creation of municipal officers,
V.T.C.A., Local Government Code § 26.041.
CHT:8
CHARTER Art. II, § 11
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 pro-
ceedings. The city attorney shall approve every
ordinance before it is acted upon by the Council.
(Amended, 11-5-91)
State law reference —Creation of municipal officers,
V.T.C.A., Local Government Code § 26.041.
Sec. 9. Meetings of the Council.
The City Council shall hold at least two (2) reg-
ular 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 month as may be necessary for the
transaction of the business of the City and its cit-
izens.
The Mayor and any member of the City Council
remaining absent for three (3) regular, consecu-
tive meetings of the City Council, unless pre-
vented by sickness, without first having obtained
leave of absence at a regular meeting of the Eu-
less City Council, shall be deemed to have va-
cated his office and such vacancy shall be filled in
accordance with the provisions of the Charter for
the filling of vacancies.
(Amended, 4-19-75; Amended, 11-5-91)
State law reference —Notice of public meetings, Vernon's
Ann. Civ. St. art. 6252-17A, § 3A.
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.
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 four (4) of those attending any meeting
at which there is a quorum present shall be nec-
essary to adopt any ordinance or 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
meetings 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 resolu-
tions shall be taken by ayes and nays and entered
upon the minutes, and every ordinance or resolu-
tion, upon its final passage, shall be recorded in a
book kept for that purpose and shall be authenti-
cated 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 or-
dinance 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, un-
less otherwise provided by law or by the terms of
such ordinance, shall take effect immediately on
final consideration and the reading of the descrip-
tive 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 favor-
able vote of four (4) or more of the Council Mem-
bers and such emergency ordinance shall take ef-
fect immediately upon its adoption and execution
without a second consideration and second reading
of the descriptive caption thereof.
(Amended, 4.19.75; amended, 11-5-91)
CHT:9
Art. II, § 12 EULESS CODE
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 pen-
alty, fine or forfeiture for any violation of any of
its provisions, and of every other ordinance re-
quired by law, or this Charter, to the public, by
causing the said ordinance, or its caption and pen-
alty, 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 of-
ficer authorized to administer oaths, and filed with
the city secretary shall be conclusive proof of the
legal publication and promulgation of such ordi-
nance in all courts. Such ordinance shall take ef-
fect 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 sub-
sequent 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 Eu-
less, and shall annually thereafter revise and keep
the same up-to-date.
ARTICLE III. ELECTIONS*
Sec. 1. General elections.
The regular City election shall be held annu-
ally on the date provided by law, at which time
*State law reference —Municipal elections, V.T.C.S., Elec-
tion Code § 1.001 et seq.
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.
(Amended, 2-18.69; amended, 4-14-73; amended,
11-5-91)
State law references —Election dates, V.T.C.A., Election
Code § 41.001; poll hours, V.T.C.A., Election Code § 41.031.
Sec. 2. Regulation of elections.
The Council shall make all regulations consid-
ered 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 elec-
tions, 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, regula-
tions 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 elec-
tions and for all other expenses of holding such
elections.
(Amended, 11-5-91)
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 Council shall file with the city secretary
an application in substantially the following form:
CHT:10
"1, , do hereby declare
that 1 am a candidate for the office of
, and request that my name
be printed upon the official ballot for that par-
ticular office in the next City election.
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
CHARTER Art. III, § 5
in the City of Euless, Texas. I am aware of the
laws of the State of Texas governing nepotism.
(Signature of Candidate)
Received by.
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 exe-
cuted 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_
Notary Public in and for
Tarrant County, Texas
LOYALTY AFFIDAVIT
I, , of the City of Euless,
County of Tarrant, State of Texas, being a can-
didate for the City Council or the office of Mayor,
swear that I will support and defend the Con-
stitution 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.
(Amended, 11-5-91)
State law reference —Application requirements, V.T.C.A.,
Election Code § 141.031 et seq.
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, de-
ceased or become ineligible. Names will be placed
on the ballot without party designation and posi-
tion on the ballot will be determined by drawing
lots.
(Amended, 11-5-91)
State law reference —Ballot, V.T.C.A., Election Code §
52.001 et seq.
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 can-
didates and declare the official results of the elec-
tion in the manner and within the time periods
provided by law. Returns of every municipal elec-
tion shall be recorded in the minutes of the
Council.
The City Council shall be the judge of the elec-
tion 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.
The two (2) candidates receiving the highest
number of votes shall 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. 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
CHT:11
Art. III, $ 5 EULESS CODE
a run-off election, the run-off candidates shall cast
lots to determine the winner.
(Amended, 2-18-69; amended, 11-5-91)
State law reference —Canvass of votes, V.T.C.A., Election
Code § 65.001 et seq.
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 prac-
ticable according to the provisions of the general
election laws of the State of Texas.
(Amended, 11-5-91)
State law reference —Special elections, V.T.C.A., Election
Code $§ 1.002 et seq., 41.004.
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 ordi-
nance not in conflict with this Charter, the state
constitution, or the state laws, except an ordi-
nance appropriating money or authorizing the levy
of taxes or an ordinance repealing an ordinance
appropriating money or levying taxes. Any initi-
ated 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.
The people reserve the power to approve or re-
ject 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 Members 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 mu-
nicipal election of the City, or signed by one hun-
dred fifty (150) qualified voters, whichever is
greater, may be filed with the city secretary re-
questing that any such ordinance be either re-
pealed 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.
(Amended, 11-5-91)
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 sig-
natures to the initiative or referendum need not
be all appended to one paper, but each signer shall
sign their name in ink or indelible pencil and shall
add thereto such other information as may be re-
quired by law. One of the signers of each separate
petition shall make an affidavit that they and they
only, personally circulated such petition and that
each signature appended thereto was made in 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.
(Amended, 11-5-91)
Sec. 4. Filing, examination and certification
of petition.
Within ten (10) days after an initiative or ref-
erendum petition is filed, the city secretary shall
determine whether the same is signed by the req-
uisite number of qualified voters. The city secre-
tary shall declare void any petition paper which
does not have an affidavit attached thereto as re-
quired 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 com-
CHT:12
CHARTER Art. IV, § 7
pleting examination of the petition, the city sec-
retary 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 ini-
tiative 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 amend-
ment 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.
(Amended, 11-5-91)
Sec. 5. Council consideration and submis-
sion to voters.
When the Council receives an authorized ini-
tiative petition certified by the city secretary to
be sufficient, the Council shall either:
(a) Pass the initiated ordinance without amend-
ment 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 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 amendment, and an al-
ternative ordinance on the same subject pro-
posed by the Council.
When the Council receives an authorized refer-
endum petition certified by the city secretary to
be sufficient, the Council shall reconsider the re-
ferred ordinance, and if upon such reconsidera-
tion such ordinance is not repealed, it shall be
submitted to the voters at 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 ordi-
nances 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.
(Amended, 11-5-91)
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 ordi-
nance proposed by the Council which are sub-
mitted 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 pro-
visions 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 four -fifths (4/5) vote of the Council. A
referred ordinance which is not approved by a ma-
jority of the votes cast shall be deemed thereupon
repealed.
Sec. 7. Power of recall.
The people of the City reserve the power to re-
call 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
CHT:13
Art. IV, § 7 EULESS CODE
municipal election of the City, or by one hundred
fifty (150) qualified voters, whichever is greater,
demanding the removal of a Council 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.
(Amended, 11-5-91)
Sec. 8. Recall election.
Within fifteen (15) days after the date of the
filing of the papers constituting the recall peti-
tion, the person performing the duties of city sec-
retary 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 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.
(Amended, 11-5-91)
Sec. 8. 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 Member or Mayor)
be removed from the office of Mayor or from
the City Council?"
(b) Immediately below each such question there
shall be printed the two (2) following prop-
ositions, one above the other, in the order
indicated:
"For the recall of (Name of Mayor or
Council Member);"
"Against the recall of (Name of Mayor
or Council 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
Member named on the ballot, he shall continue in
office. If a majority of the votes cast at such elec-
tion be for the removal of the Mayor or Council
Member named on the ballot, the Council shall
immediately declare the office vacant and such
vacancy shall be filled in accordance with the pro-
visions of this Charter for the filling of vacancies.
A Mayor or Council Member thus removed shall
not be a candidate to succeed himself in an elec-
tion called to fill the vacancy thereby created.
(Amended, 11-5-91)
Sec. 11. Limitations on recall.
No recall petition shall be filed against any of-
ficer of the City within three (3) months after his
election, or within three (3) months after an elec-
tion for such officer's recall.
ARTICLE V. ADMINISTRATIVE
ORGANIZATION
Sec. 1. City manager.
The Council shall appoint a city manager for an
indefinite term, who shall be the chief adminis-
trative officer of the City. The city manager shall
be chosen by the Council solely on the basis of
executive and administrative training, experi-
ence, ability and character, and without regard to
political consideration. The city manager need not,
when appointed, be a resident of the City of Eu-
less, but shall, during his tenure of office, 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.
(Amended, 11-5-91)
CHT:14
CHARTER Art. V, § 5
Sec. 2. Powers and duties of the city man-
ager.
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 wel-
fare of the City, remove any officer or em-
ployee of the City, except as otherwise pro-
vided by this Charter and except as he may
authorize the head of a department to ap-
point and remove subordinates in such de-
partment;
(2) Prepare and submit to the Council an an-
nual budget and be responsible for its ad-
ministration after adoption;
(3) Prepare and submit to the Council as of the
end of the fiscal year a complete report on
the finances and administrative activities
of the City for the preceding year;
(4) Keep the Council advised of the financial
condition and future needs of the City and
make such recommendations as may seem
desirable;
(5) Perform such other duties as may be pre-
scribed by this Charter or required by the
Council, not inconsistent with this Charter;
(6) Attend all meetings of the Council, except
when the city manager is under discussion,
with the right to take part in the discus-
sion, but having no vote; and the city man-
ager shall be notified of all special meet-
ings of the Council.
(Amended, 11-5-91)
Sec. 3. Removal of city manager.
The Council may remove the city manager, upon
the affirmative vote of a majority of full member-
ship of the Council. If removed after serving three
(3) months, the 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 the final removal shall take effect; but
pending such hearing, the Council may suspend
the city manager from office. The action of the
Council in suspending or removing the city man-
ager shall be final, it being the intention of the
Charter to vest all authority and fix all responsi-
bility for such suspension or removal in the
Council.
(Amended, 11-5-91)
Sec. 4. Council not to interfere in city man-
ager's appointments or removals.
Neither the Council nor any of its members shall
direct or request the appointment of any person to
or removal of any person from office by the city
manager or by any of the city manager's subordi-
nates. However, the Council may consult and ad-
vise the city manager, make inquiry regarding
the appointments or removals and may express
their opinion in regard thereto. In regard to ad-
ministrative 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 fore-
going provisions of this Charter by any member of
the 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,
(Amended, 11-5-91)
Sec. 5. Absence of the city manager.
To perform the duties of city manager during
the city manager's temporary absence or dis-
ability, the city manager, by letter filed with the
city secretary, may designate a qualified admin-
istrative 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 the city manager shall return or his dis-
ability shall cease. In case of disability or illness
exceeding thirty (30) days, where the city manag-
er's duties could not be performed properly, the
city manager's salary should be continued at the
discretion of the Council.
(Amended, 11-5-91)
CHT:15
Art. V, § 6
EULESS CODE
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 con-
trol 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.
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.
(Amended, 4-19-75)
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 at-
torney at law. Such judge or judges shall be ap-
pointed by the Mayor and approved by the Council
and shall serve at the pleasure of the Council.
Such judge or judges shall receive such compen-
sation 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
*State law reference —Municipal court, V.T.C.A., Govern-
ment Code § 29.001 et seq., Vernon's Ann. C.C.P. art. 45.01 et
seq.
shall act in place of the city judge or judges until
such vacancy or vacancies shall be filled.
(Amended, 4-19-75)
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 munic-
ipal 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.
(Amended, 4-19-75)
Sec. 4. Procedure in the municipal court.
All complaints, prosecutions, the service of pro-
cess, commitment of those convicted of offenses,
the collection and payment of fines, the atten-
dance and service of witnesses and juries, punish-
ment for contempt, bail and taking of bonds shall
be governed by the provisions of the Constitution
and Laws of the State of Texas applicable to mu-
nicipal courts.
(Amended, 4-19-75; amended, 11-5.91)
State law reference —Procedure in municipal courts, Ver-
non's Ann. C.C.P. art. 45.01 et seq.
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 cal-
endar year. The fiscal year will also be estab-
lished as the accounting and budget year. All funds
collected by the City during any fiscal year, in-
cluding both current and delinquent revenue shall
belong to such fiscal year and, except funds de-
rived to pay interest and create a sinking fund on
the bonded indebtedness of the City, may be ap-
plied to the payment of the expenses incurred
tState law references —Budgets, V.T.C.A., Local Govern-
ment Code § 102.001 et seq.; fiscal powers, V.T.C.A., Local
Government Code § 101.002.
CHT:16
CHARTER Art. VII, § 6
during such fiscal year. Any revenues uncollected
at the end of any fiscal year, and any unencum-
bered funds actually on hand, shall become re-
sources of the next succeeding fiscal year.
State law reference —Fiscal year, V.T.C.A., Tax Code §
1.05.
Sec. 2. Preparation and submission of
budget.
The city manager, prior to August first of each
year, shall prepare and submit the budget, cov-
ering the next fiscal year, to the Council, which
shall contain the following information. In pre-
paring 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 expen-
ditures and any major changes of policy and
a complete statement regarding the finan-
cial conditions of the City.
(2) An estimate of all revenue from taxes and
other sources, including the present tax
structure rates and property evaluation for
the ensuing year.
(3) A carefully itemized list of proposed ex-
penses by office, department, agency, em-
ployee 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 in-
debtedness, 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 expen-
ditures deemed necessary for undertaking
during the next budget year and recom-
mended provisions for financing.
(6) A list of capital projects which should be
undertaken within the five (5) next suc-
ceeding years.
State law reference —Budgets, V.T.C.A., Local Govern-
ment Code § 102.001 et seq.
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.
State law reference —Budgets, V.T.C.A., Local Govern-
ment Code § 102.001 et seq.
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 the time and place thereof. At this
hearing, interested citizens may express their opin-
ions concerning items of expenditure, giving their
reasons for wishing to increase or decrease any
items of expense.
(Amended, 11-5-91)
State law reference —Budgets, V,T.C.A., Local Govern-
ment Code § 102.001 et seq.
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 ma-
jority vote of all members of the Council.
State law reference —Budgets, V.T.C.A., Local Govern-
ment Code § 102.001 et seq.
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 appro-
priations 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 ex-
ceed proposed revenue plus cash on hand. Unused
appropriations may be transferred to any item re-
quired for the same general purpose.
CHT:17
Art. VII, § 7
Sec. 7. Unallocated reserve fund.
EULESS CODE
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 be-
come an attachment to the original budget.
State law reference —Budgets, V.T.C.A., Local Govern-
ment Code § 102.001 et seq.
Sec. 9. Certification; copies made available.
A copy of the budget, as finally adopted, shall
be filed with the city secretary. The final budget
shall be printed, mimeographed or otherwise re-
produced and sufficient copies shall be made avail-
able 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 proce-
dural 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 accoun-
tant 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 equip-
ment, the city manager or 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.
(Amended, 4-19-75)
Sec. 13. Investment Policy.
The City may invest any city monies in accor-
dance with Council adopted policy and state law.
(Amended, 11-5-91)
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 here-
after 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 evi-
dence 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
CHT:18
CHARTER
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.
(Amended, 11-5-91)
Sec. 5. Revenue bonds.
The City shall have power to borrow money for
the purpose of constructing, purchasing, im-
proving, extending, or repairing of public utili-
ties, 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 obli-
gation created thereby. Such bonds shall be a
charge upon and payable solely from the proper-
ties, 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, mort-
gage, 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 indebt-
edness shall be signed by the Mayor, counter-
signed by the city secretary, and sealed with the
seal of the City in the manner provided by gen-
eral 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.
Art. X, § 1
Sec. 7. Bond register.
The director of finance or other officer of the
City designated by the City shall keep, or cause to
be kept, for and on behalf of the City a complete
bond registry and books, showing all bonds, war-
rants and certificates of indebtedness issued, the
date and amount thereof, the rate of interest, ma-
turity, etc., of all bonds or other indebtedness sur-
rendered and all other transactions of the Council
having reference to the refunding of the indebt-
edness 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 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.
(Amended, 11-5-91)
Sec. 2. Tax lien and liability.
A special lien is hereby created on all real, per-
sonal and mixed property, located in the City of
Euless, in favor of the City of Euless, for all un-
paid taxes. The priority of said lien shall be de-
termined in accordance with the laws of the State
of Texas and of the United States.
(Amended, 11-5-91)
ARTICLE X. PLANNING
Sec. 1. Planning and Zoning Commission.
There shall be established a Planning and
Zoning Commission which shall consist of a min-
imum of seven (7) citizens from the City of Euless.
The members of said Commission shall be ap-
•8tate law reference —Local taxes, V,T.C.A., Tax Code §
301.001 et seq.
CHT:19
Art. X, ¢ 1 EULESS CODE
pointed 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 Com-
mission shall elect a chairman from among its
membership and shall meet not less than once
each month. Vacancies and unexpired terms shall
be filled 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 pro-
ceedings which shall be of public record. The Com-
mission shall serve without compensation.
(Amended, 2-18-69; amended, 11-5-91)
Sec. 2. Planning and Zoning Commission
powers and duties.
The Planning and Zoning Commission shall:
(a) Recommend a city plan for the physical de-
velopment of the City,
(b) Recommend to the City Council approval
or disapproval of proposed changes in the
zoning plan, and
(c) Exercise advisory authority over platting
or subdividing land within the corporate
limits of the City and outside said corpo-
rate limits to the extent authorized by law.
The Commission shall have and perform such
additional duties as may be prescribed by ordi-
nance, including the exercise of final authority
over platting or subdividing land.
(Amended, 11-5-91)
Sec. 3. Master plan.
The master plan for the physical development
of the City of Euless shall contain the Commis-
sion'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 fol-
lowing its submission. If such plan, or part thereof,
shall be rejected by the Council, the Commission
may modify such plan, or part thereof, and again
forward it to the City Council for consideration.
All amendments to the master plan recom-
mended by the Commission shall be submitted in
the same manner as outlined above to the City
Council for approval, and all recommendations af-
fecting 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 struc-
ture, or public utility whether publicly or pri-
vately 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 Commis-
sion shall communicate its reasons to the Council,
which shall have the power to overrule such dis-
approval, and upon such overruling, the Council
shall have power to proceed. The widening, nar-
rowing, 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, con-
struct, 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
CHT:20
CHARTER
be granted under the Constitution and laws of the
State of Texas.
Sec. 2. Inalienability of control of public
property.
The right of control and use of the public streets,
highways, sidewalks, 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 or-
dinance 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 propo-
nent 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, nothing shall be in-
cluded as the value of any franchise granted by
the City under this Charter.
Art. XI, § 10
Sec. 6. Regulation of rates.
The Council shall, to the extent and in the
manner authorized by law, have full power to reg-
ulate 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.
(Amended, 11-5-91)
Sec. 7. Consent of property owners.
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 fran-
chise 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 prop-
erty of the public utility, shall be operated as such,
and shall be subject to all the obligations and re-
served rights contained in this Charter and in
any original grant hereinbefore made. The right
to use and maintain any extensions shall termi-
nate with the original grant. In case of an exten-
sion 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 priv-
ileges in the streets, public ways and public places
of the City may be granted and revoked by ordi-
nance 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
CHT:21
Art, XI, §10
EULESS CODE
provisions of this Charter, except that the power
of the City of Euless to exercise the right of emi-
nent domain in the acquisition of any utility prop-
erty is in all things reserved, and except the gen-
eral powers of the City heretofore existing and
herein provided for to regulate the rates and ser-
vices of a utility, which shall include the right to
require adequate and reasonable extension of plant
and service and the maintenance of the plant fix-
tures 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 spe-
cifically 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 re-
quire such compensation or rental as may be per-
mitted 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 util.
ities.
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, depre-
ciation reserve, other reserves, and surplus; also
revenues; operating expenses including deprecia-
tion, interest payments, rental, and other dispo-
sition 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, ad-
ditions, 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 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 be-
coming effective, shall be recorded in a book kept
for that purpose and shall be authenticated by the
signature of the Mayor or Council Member 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.
(Amended, 11-5-91)
State law reference —Public records, Vernon's Ann. Civ.
St. art. 6252-17a et seq.
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 inter-
ested 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 of-
ficer 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 contracting with the
governing body of the City shall render the con-
CHT:22
CHARTER Art. XII, § 8
tract involved voidable at the discretion of the
governing body.
(Amended, 11-5-91)
State law reference —Code of ethics, V.T.C.A., Local Gov-
ernment Code § 6252-9d.1 et seq.
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 person who shall have been employed by the
City prior to and at the time of the election of the
Mayor or Council Member, or appointment of the
city manager, so related to him.
(Amended, 11-5-91)
State law reference —Nepotism, Vernon's Ann. Civ. St.
art. 5996a et seq.
Sec. 4. Officers not to be interested in fran-
chises; forfeiture of office.
No officer or employee of the City of Euless shall
accept, directly or indirectly, any gift, favor, priv-
ilege or employment from any public utility cor-
poration enjoying a grant of any franchise, privi-
lege 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 em-
ployee of the City who shall violate the provisions
of this section shall be punished as may be pre-
scribed by law for such offense.
(Amended, 11-5-91)
Sec. 5. Removal of Mayor or Council
Member for official misconduct or in-
competency.
A Mayor or Council Member may, upon notice
and hearing, with opportunity to respond, be re-
moved from office by the unanimous vote of re-
maining Council Members for official misconduct
or incompetency. A Mayor or Council Member re-
moved for official misconduct or incompetency
shall not be eligible for re-election to the same
office for two years after the date of removal.
(Amended, 11-5-91)
Sec. 6. Mechanic, material or labor claim.
All subcontractors, materialmen, mechanics and
laborers upon any public works of the City of Eu-
less 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 be-
comes 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.
(Amended, 11.5-91)
State law reference —Tort claims, V.T.C.A., Civil Prac-
tices and Remedies Code § 101.021 et seq.
Sec. 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 com-
plaint or claiming such damages shall, within ap-
propriate 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.
(Amended, 11-5-91)
Sec. 8. Assignment, execution and garnish-
ment.
The property, real and personal, belonging to
said City shall not be liable to be sold or appro-
priated 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 be required to answer
any writ of garnishment on any account whatso-
ever, 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 at-
CHT:23
Art, XII, § 8 EULESS CODE
tempted assignment shall be absolutely void as to
the City.
(Amended, 11-5-91)
Sec. 9. Bonds of contractors.
The governing body of the City of Euless shall
require good and sufficient bonds of all contrac-
tors, with a good corporate surety thereon, accept-
able to the governing body of the City of Euless.
(Amended, 11-5-91)
Sec. 10. Condemnation of dangerous struc-
tures.
Whenever, in the opinion of the governing body
of the City of Euless, or appropriate city official,
any building, fence, shed, awning, cave, excava-
tion, 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 failure to comply, the gov-
erning 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 col-
lected as other special taxes provided for in this
Charter, or by suit in any court of competent ju-
risdiction.
(Amended, 11-5-91)
State law reference —Substandard buildings, V.T,C.A.,
Local Government Code § 214.001 et seq.
Sec. 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 confor-
mity with the building code which exists in said
City or shall hereafter be passed.
(Amended, 11-5-91)
Sec. 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 rec-
ognizable stream, creek, branch or natural
drainage, shall be constructed without first ob-
taining a permit issued by the City.
(Amended, 11-5-91)
Sec. 13. Bonds of city officials, employees, or
department directors.
In addition to any bonding provisions herein
provided, the Council may require any city offi-
cial, department director or city employee, before
entering upon his duties, to execute a good and
sufficient bond with a surety company doing busi-
ness 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.
(Amended, 11-5-91)
Sec. 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.
(Amended, 11-5-91)
Sec. 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.
(Amended, 11-5-91)
CHT:24
f
CHARTER Art. XIV, § 1
Sec. 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.
(Amended, 11-5-91)
Sec. 17. Construction of power.
This Charter shall not be construed as a mere
grant of enumerated powers, but shall be con-
strued as a general grant of power and as a limi-
tation of power on the government of the City of
Euless in the same manner as the Constitution of
Texas is construed as a limitation on the powers
of the legislature. Except where expressly prohib-
ited 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.
(Amended, 11-5-91)
Sec. 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.
(Amended, 11-5-91)
Sec. 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 amend-
ments 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.
(Amended, 11-5-91)
Sec. 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.
(Amended, 2-18-69; amended, 11-5-91)
ARTICLE XIII. PARKS AND LEISURE
SERVICES BOARD
Sec. 1. Creation of the Parks and Leisure Ser-
vices Board.
There shall be established by the City Council a
Parks and Leisure Services Board which shall con-
sist of six (6) residents of the City of Euless. The
members of said Parks and Leisure Services Board
shall be appointed by the City Council for a term
of two (2) years. Three (3) members of the 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 Leisure Ser-
vices 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 City Council for the remainder of the
term. A majority of the members shall constitute
a quorum. The Parks and Leisure Services Board
shall keep minutes of its proceedings, which shall
be of public record, and shall serve without com-
pensation. The duties and responsibilities of the
Parks and Leisure Services Board shall be de-
fined by ordinance adopted by the City Council.
The Board shall be responsible to and act as an
advisory body to the City Council and shall have
and perform such additional duties as may be pre-
scribed by ordinance from time to time.
(Amended, 4-14-73; amended, 11-5-91)
ARTICLE XIV. LIBRARY BOARD
Sec. 1. Creation of the Library Board.
There shall be established by the City Council a
Library Board which shall consist of six (6) resi-
dents of the City of Euless. The members of said
Library Board shall be appointed by the City
CHT:25
Art. XIV, $ 1 EULESS CODE
Council for a term of two (2) years. Three (3) mem-
bers of the 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 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 proceed-
ings, which shall be of public record, and shall
serve without compensation. The duties and re-
sponsibilities of the Library Board shall be de-
fined by ordinance adopted by the City Council.
The Board shall be responsible to and act as an
advisory body to the City Council and shall have
and perform such additional duties as may be pre-
scribed by ordinance from time to time.
(Amended, 4-14-73; amended, 11-5-91)
CHT:26
A
ACTIONS. See: SUITS, ACTIONS AND OTH-
ER PROCEEDINGS
AFFIRMATION. See: OATH, AFFIRMATION,
SWEAR OR SWORN
AGREEMENTS. See: CONTRACTS AND
AGREEMENTS
ANNEXATION
Annexation and de -annexation of territory
ATTORNEYS
City attorney
BONDS, WARRANTS AND OTHER EVI-
DENCE OF INDEBTEDNESS
Appeal bond, exemption from
Bond register
City officials, employees or department di-
rectors
Bonds of
Contractors, bonds of
Execution and registration of bonds
Interest and sinking fund
Manner of insurance
Mayor, duties re bonds
Powers to issue
Revenue bonds
Sale of bonds
BOUNDARIES
City boundaries
BUDGET. See: FINANCES
BUILDINGS
Dangerous structures, condemnation of
Permits
Building permits
CHARTER
Amendments
Construction
Effective date
Powers, construction of
Rearrangement and renumbering
Separability clause
CITY
Annexation and de -annexation
Boundaries
Form of government
Incorporation
Powers of city
Franchises and public utilities
Supp. No. 3
CHARTER INDEX
Section CITY—Cont'd.
General powers
Street and public property
Street development and improvement
I-7
II-8
XII-20
VIII-7
XII-13
XII-9
VIII-6
VIII-4
VIII-2
II-6
VIII-1
VIII-5
VIII-3
I-6
XII-10
XII-11
XII-14
XII-16
XII-18
XII-17
XII-19
XII-15
I-7
I-6
I-2
I-1
CITY ATTORNEY
Appointment, duties
CITY COUNCIL
City attorney
City secretary
Form of government
Mayor, mayor pro tem
Meetings
Generally
Rules of procedure
Number, selection, term of office and com-
pensation
Ordinances, resolutions, etc.
Code of ordinances
Existing ordinances, adoption and ratifi-
cation of
Procedure to enact legislation
Publication of ordinances
Powers
Qualifications
Council to be judge of the qualifications of
its own members
Generally
Removal of mayor or council member for
official misconduct or incompetency
Resolutions. See herein: Ordinances, Reso-
lutions, Etc.
Vacancies
CITY MANAGER
Absence
Appointment
Council not to interfere in city manager's
appointments or removals
Powers and duties
Removal
CITY SECRETARY
Appointment, duties
CLAIMS. See: SUITS, ACTIONS AND OTH-
ER PROCEEDINGS
CODE OF ORDINANCES
City council, applicable provisions
CONTRACTORS
Bonds
Claims against city
Mechanic, material or labor claim
Section
I-3
I-4
I-5
II-8
II-8
II-7
I-2
II-6
II-14
II-3
II-2
XII-5
II-4
V-5
V1
V-4
V-2
V-3
II-7
II-14
XII-9
XII-6
CONTRACTS AND AGREEMENTS
XI-1 City, general powers of I-3
CHTi:1
CONTRACTS AND AGREEMENTS--Confd
Franchises and public utilities
See: FRANCHISES AND PUBLIC UTIL-
ITIES
Mayor, duties re
Personal interest in city contracts
Purchase procedure
COUNCIL. See: CITY COUNCIL
COURTS
Municipal court
See: MUNICIPAL COURT
D
EULESS CODE
Section
XI-1 et seq.
II-6
XII-2
VII-12
VI-1 et seq.
DEPARTMENTS AND OTHER AGENCIES
OF CITY
Administrative departments V 6
City council I-2, II-1 et seq.
Directors of departments V 7
Library board XIV 1
Municipal court VI-1 et seq.
Parks and leisure services board XIII-1
Planning and zoning commission X-1, X-2
DOCUMENTS AND PUBLIC RECORDS
City secretary, duties re
Franchise records
Public records of city
DRAINAGE
Pools, ponds and lakes
E
ELECTIONS
Conducting and canvassing elections
Filing for office
General elections
Initiative, referendum and recall
See: INITIATIVE, REFERENDUM AND
RECALL
Official ballot
Regulation of elections
Special elections
EMERGENCIES
Mayor, duties re
EMINENT DOMAIN
City, general powers of
EULESS, CITY OF. See: CITY
FINANCES
Bonds, warrants and other evidence of in-
debtedness
See: BONDS, WARRANTS AND OTHER
EVIDENCE OF INDEBTEDNESS
II-7
XI-11
XII-1
XII-12
III-5
III-3
III-1
VI-1 et seq.
III-4
III-2
III-6
II-6
I-3
VIII-1 et seq.
FINANCES—Cont'd.
Budget
Amending
Preparation and submission
Proceeding on adoption
Public hearing on budget
Public record
Taxation, appropriation and amount to be
raised by
Certification; copies made available
City manager, powers and duties re
Defect shall not invalidate the tax levy
Fiscal year
Indebtedness. See herein: Honda, Warrants,
and Other Evidence of Indebtedness
Independent audit
Investment policy
Personal interest in city contracts
Purchase procedure
Taxation. See also that subject
Budget, appropriation and amount to be
raised by
Unallocated reserve fund
Warrants. See herein: Bonds, Warrants and
Other Evidence of Indebtedness
FRANCHISES AND PUBLIC UTILITIES
Accounts of municipality owned utilities
Consent of property owners
Extensions
Franchise records
Franchise value not to be allowed
Inalienability of control of public property
Officers not to be interested in franchises;
forfeiture of office
Ordinance granting franchises
Other conditions
Powers of city
Regulation of. rates
Temporary permits
Transfer
H
HEALTH AND SANITATION
City, general powers of
1
IMPROVEMENTS. See: PLANNING AND
DEVELOPMENT
INDEBTEDNESS
Bonds, warrants and other evidence of in-
debtedness
See: BONDS, WARRANTS AND OTHER
EVIDENCE OF INDEBTEDNESS
INITIATIVE, REFERENDUM AND RECALL
See also: ELECTIONS
Ballot form and results of election
Section
VII-8
VII-2
VII-5
VII-4
VII-3
VII-6
VII-9
V-2
VII-10
VII-1
VII-11
VII-13
XII-2
VII-12
VII-6
VII-7
XI-12
XI-7
XI-8
XI-11
XI-5
XI-2
XII-4
XI-3
XI-10
XI-1
XI-6
XI-9
XI-4
I-3
VIII-1 et seq.
IV-6
Supp. No. 3
CHTi:2
INITIATIVE, REFERENDUM AND RE-
CALL—Cont'd.
Council consideration and submission to vot-
ers
Filing, examination and certification of pe-
tition
Form of petition
Limitations on recall
Power of initiative
Power of recall
Power of referendum
Recall ballot
Recall election
Results of
LEISURE SERVICES BOARD. See: PARKS
AND LEISURE SERVICES BOARD
LIBRARY BOARD
Creation
LICENSES AND PERMITS
Building permits
Franchise and public utilities, temporary
permits re
LIENS
Tax lien and liability
M
MANAGER. See: CITY MANAGER
MAYOR, MAYOR PRO TEM
Duties
MUNICIPAL COURT
Clerk
Generally
Judge
Procedure
N
NEPOTISM
Prohibition
0
OATH, AFFIRMATION, SWEAR OR SWORN
Claims against city; notice of claim
OFFICERS AND EMPLOYEES
Bonds of city officials, employees or depart-
ment directors
City attorney
City manager
City secretary
Elections
See: ELECTIONS
CHARTER INDEX
Section OFFICERS AND EMPLOYEES—Cont'd.
Franchises
Officers not to be interested in; forfeiture
IV-5 of office
Mayor, mayor pro tem
Municipal court
Clerk
Judge
Nepotism
Personal interest in city contracts
IV-4
IV3
IV 11
IV-1
IV-7
IV-2
IV-9
IV-8
IV 10
XIV1
XII-11
XI-9
DC-2
II-6
VI-3
VI-1
VI-2
VI-4
XII-3
XII-7
XII-13
II-8
V1etseq.
II-7
III-1 et seq.
Section
XII-4
II-6
VI-3
VI-2
XII-3
XII-2
ORDINANCES, RESOLUTIONS, ETC.
City council, applicable provisions re H-11 et seq.
See: CITY COUNCIL
City, general powers of I-3
Franchises, ordinance granting XI-3
PARKS AND LEISURE SERVICES BOARD
Creation
PERMITS. See: LICENSES AND PERMITS
PLANNING AND DEVELOPMENT
City, powers of
Street development and improvement
Master plan
Generally
Legal effect
PLANNING AND ZONING COMMISSION
Established
Powers and duties
PROCEEDINGS. See: SUITS, ACTIONS AND
OTHER PROCEEDINGS
PROCESSES. See: WRITS, WARRANTS AND
OTHER PROCESSES
PROPERTY
Assignment, execution and garnishment of
city property
City, powers of
General powers
Street and public property
Franchises and public utilities
Consent of property owners
Inalienability of control of public proper-
ty
XIII-1
I-5
X-3
X-4
X-1
X-2
XII-8
I-3
I-4
XI-7
XI-2
Supp. No. 3
CHTi:3
PUBLIC RECORDS. See: DOCUMENTS AND
PUBLIC RECORDS
PUBLIC UTILITIES. See: FRANCHISES
AND PUBLIC UTILITIES
PUBLIC WAYS. See: STREETS, SIDEWALKS
AND OTHER PUBLIC WAYS
R
RECALL. See: INITIATIVE, REFERENDUM
AND RECALL
REFERENDUM. See: INITIATIVE, REFER-
ENDUM AND RECALL
RESOLUTIONS. See: ORDINANCES, RES-
OLUTIONS, ETC.
SANITATION. See: HEALTH AND SANITA-
TION
SECRETARY. See: CITY SECRETARY
STREETS, SIDEWALKS AND OTHER PUB-
LIC WAYS
City, powers of
Street and public property
Street development and improvement...
Franchises and public utilities, temporary
permits re
SUITS, ACTIONS AND OTHER PROCEED-
INGS
City, general powers of
Claims against city
Mechanic, material or labor claim
Notice of claim
SWEAR OR SWORN. See: OATH, AFFIRMA-
TION, SWEAR OR SWORN
TAXATION
Budget
Appropriate amount to be raised by tax-
ation
Defect shall not invalidate levy
Powers of taxation
Tax lien and liability
U
UTILITIES
Franchises and public utilities
See: FRANCHISES AND PUBLIC UTIL-
ITIES
EULESS CODE
Section W Section
WARRANTS. See: WRITS, WARRANTS AND
OTHER PROCESSES
WATERWAYS AND WATERCOURSES
Powers of city re pools, ponds and lakes...
WELFARE
City, general powers of
WRITS, WARRANTS AND OTHER PRO-
CESSES
Bonds, warrants and other evidence of in-
debtedness
See: BONDS, WARRANTS AND OTHER
EVIDENCE OF INDEBTEDNESS
ZONING COMMISSION. See: PLANNING
AND ZONING COMMISSION
I-4
I-5
XI-9
I-3
XII-6
XII-7
VII-6
VII-10
IX-1
IX-2
XI-1 et seq.
XII-12
I-3
VIII-1 et seq.
Supp. No. 3
CHTi:4