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HomeMy WebLinkAboutCharter Amendments Original 1990The Charter ARTICLE I. INCORP©RATION, 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 wanner prescribed by this charter, shall be and shall continue to be a nunicipal body politic and corporate in perpetuity under the nane of the "City of Euless." Sec. 2. Form of government. The nunicipal government provided by this charter shall be known as the "council-nanager" government. Pursuant to its provisions and subject only to the limitations inposed by the state constitution, by the statutory laws of Texas, and by this charter, all powers of the city shall be vested in an elective council, hereinafter referred to as the "council," which shall enact local legislation, adopt budgets, deternine policies, appoint the city secretary, city attorney and judge of the nunicipal court, and the council shall also appoint the city manager, who shall execute the laws and administer the governnent of the city. (Anend, 4-19-75) Sec. 3. General powers of the city. The City of Euless shall have all powers granted to nunicipalities by the constitution and laws of the State of Texas, together with all of the implied powers necessary to carry into execution such granted powers. The city may use a corporate seal; nay sue and be sued; nay contract and be contracted with; nay cooperate with the governuent of the State of Texas or any agency or any political subdivision thereof, or with the federal governnent or any agency thereof, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, contort, safety, and convenience of the city and its inhabitants; nay acquire property within or without its 1 corporate limits for any municipal purpose in fee simple, or in any lesser interest or estate, by purchase, gift, devise, lease or condemnation, and, subject to the provisions of this charter, nay sell, lease, mortgage, hold, manage, inprove and control such property as nay 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; nay exercise the power of eninent domain where necessary or desirable to carry out any of the powers conferred upon it by this charter, or by the constitution and laws of the State of Texas; nay pass ordinances and enact such regulations as may be expedient for the maintenance of the good governnent, order, and peace of the city and the welfare, health, morals, confort, safety and convenience of its inhabitants. The powers hereby conferred upon the city shall include, but are not restricted to, the powers conferred expressly and pernissively by chapter 147, page 307, of the Acts of the 33rd Legislature, regular session, enacted in 1913 pursuant to the hone rule anendnent of the constitution of Texas, known as the enabling act and including articles 1175, 1176, 1177, 1178, 1179, 1180, of the Revised Civil Statutes of Texas, 1925, as now or hereafter anended, all of which are hereby adopted. In addition to the powers enumerated herein, and subject only to the limitations inposed by the state constitution, the state laws, and this charter, the city shall have, without the necessity of express enuneration in this charter, each and every power which, by virtue of article XI, section V, of the constitution of Texas, the people of the city are empowered by election to grant to or confer upon the city by expressly and specifically granting and enunerating the sane herein. All such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this charter; or when not prescribed herein, in such manner as shall be provided by ordinance of the council. Sec. 4. Street and public property. The city shall have exclusive doninion, 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 2 and every public street, sidewalk, alley, highway, public square, public park or other public way within the corporate limits of the city, the city shall have the power to establish, maintain, improve, alter, abandon, or vacate the sane; to regulate the use thereof; and to abate and remove in a sunnary nanner any encroachment thereon. Sec, 5 Street developnent and iuprovement. The city shall have the power to develop and inprove, or cause to be developed and improved, any and all public streets, sidewalks, alley, highways, and other public ways within the corporate limits of the city by laying out, opening, narrowing, widening, straightening, extending, lighting and establishing building lines along the sane; by purchasing, condemning, and taking property therefor; by filling, grading, raising, lowering, paving, repaving, and repairing, in a permanent manner, the sane; and by construction, reconstructing, altering, repairing, and realigning curbs, gutters, drains, sidewalks, culverts, and other appurtenances and incidentals in connection with such development and improvement authorized hereinabove, or any combination or parts thereof. The cost of such developnent and inprovement nay be paid partly or entirely by assessments levied as a lien against the property abutting thereon and against the owners thereof, and such assessments nay be levied in any amount and under any procedure not prohibited by state law; provided, that no assessnent shall be nade against such land or owners in excess of the enhancement in value of such property occasioned by such improvement. As an alternate and cumulative nethod developing, improving, and paving any and all public streets, sidewalks, alleys, highways, and other public ways within its corporate limits, the city shall have the power and authority to proceed In accordance with chapter 106, page 489, Acts 1927, Fortieth Legislature, first called session, as now or hereafter amended, the sane being article 1105b of the Revised Civil Statutes of Texas, 1925. Sec. 6 Boundaries. 3 The boundaries and limits of the City of Euless, until changed in the nanner herein provided, shall be the sane 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 Hetes and Bounds of the City of Euless, which is now and shall hereafter be in the office of the city secretary of the City of Euless. Sec. 7. Annexation and de -annexation. Extension of city linits by petition. Whenever a najority of the legally qualified property tax -paying voters who are citizens of the State of Texas and inhabitants of any territory adjoining the City of Euless, as said territory nay be designated by the council, or in case there are no qualified voters in said territory, then when persons owning a majority of the land in area in said territory, desire the annexation of such territory to the City of Euless, they nay present a written petition to that effect to the council and shall attach to said petition an affidavit of one or pore of their nunber to the effect that said petition is signed by a najority of such qualified voters, or in the case there are no qualified voters, said affidavit shall be to the effect that there are no qualified voters in said territory and that the persons signing the petition own a najority of the land in said territory; and thereupon the council at regular session or in special session held not sooner than thirty (30) days after the presentation of said petition nay by ordinance annex such territory to the City of Euless and thenceforth the said territory shall be a part of the City of Euless and the inhabitants thereof shall be entitled to all the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions, and regulations of said city. Extension of city linits by ordinance. A second nethod of extending the corporate linits of the City of Euless shall be that the council shall have power by ordinance to fix the boundary linits of said city and to provide for the extension of said boundary linits by the annexation of additional territory lying adjacent to said city, with or without the consent of the inhabitants of the territory annexed. Upon the introduction of such an 4 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, anendnents not enlarging or not extending the boundary limits set forth in the published ordinance nay be incorporated into the proposed ordinance without the necessity of republication of said ordinance as amended. Any citizen of the City of Euless or of the territory to be annexed shall have the right to contest said annexation by filing with the council a written petition setting out reasons for said contest, and after such citizens shall have been given an opportunity to be heard, said ordinance, in original or anended Porn, as the council in its judgment nay determine, shall be finally passed, and the territory so annexed shall be a part of the City of Euless, and the inhabitants thereof shall be entitled to all rights and privileges of other citizens and shall be bound to the acts, ordinances, resolutions, and regulations of the City of Euless. De -annexation. Whenever there exists within the corporate Units of the city and territory not suitable or necessary for city purposes, the council nay, upon a petition signed by the najority of the qualified voters residing in such territory if the sane be inhabited, or without any such petition if the sane be uninhabited, by ordinance duly passed, discontinue said territory as a part of said city; said petition and ordinance shall specify accurately the metes and bounds of the territory sought to be eliminated fron 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 sane shall be entered upon the minutes and records of the city, and from and after the entry of such ordinances, said territory shall cease to be a part of said city, but said territory shall still be liable for its pro rata share of any debts incurred while said area was a part of said city, and the city shall continue to levy, assess and collect taxes on the property within said territory to pay the indebtedness incurred while said area was a part of the city as though the sane had not been excluded fron 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 5 such event the city shall not continue to levy, assess and collect taxes on such de -annexed area as herein provided. ARTICLE II. CITY COUNCIL Sec. 1. Number, selection, tern of office and compensation. The governing and lawmaking body of the City of Euless shall consist of a mayor and five (5) councilmen, and said body shall be known as the "City Council of the City of Euless." The nenbers of the city council of the City of Euless shall be the only elective officers of the city and shall be elected fron the city at large in the manner provided in article III, for a tern of two (2) years, or until their successors are duly elected and qualified. The mayor and two (2) nenbers of the council shall be elected by popular vote each odd-nunbered year and three (3) nenbers of the council shall be so elected each even-nunbered year. Said nayor and councilnen shall draw no compensation as such for their duties, but shall be reinbursed for any lawful expenditures nade in behalf of the city or expenses incurred in the performance of their office duties, when approved by the council. Each councilman shall occupy a specific place. Councilnen elected in April, 1967, occupy places two (2) and four (4) and councilmen elected in April, 1968, occupy places one (1), three (3) and five (5), in alphabetical order of their surnames. The nayor and councilmen two (2) and four (4) shall be elected in odd -numbered years and counciluen one (1), three (3) and five (5) to be elected in even-nunbered years. (Anend,2-18-69) Sec, 2. Qualifications. Each of the five (5) councilnen and nayor shall be a citizen of the United States of Anerica and a qualified voter of the State of Texas; shall be a real property owner within the corporate linits of the City of Euless; shall have resided for at least two (2) years next preceding the election at which they are candidates within the corporate linits of the City of Euless, and shall not be in arrears in the paynent of any taxes or other liability due 6 the city nor be disqualified by reason of any provision of any other section of this charter. A nenber of the council ceasing to possess any of the qualifications specified in this section or any other section of this charter, or convicted of a felony while in office, shall immediately forfeit his office. No nenber of the council shall hold any other public office except that of notary public or nenber of the National Guard or naval or nilitary reserve or a retired nenber of the arned forces. Sec. 3. Council to be the judge of the qualifications of its own nenbers. The city council shall be the judge of the election and qualifications of its own nenbers and of the nayor, and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council shall, as soon as practicable after a regular or special election, either at a called neeting of said council, called for that purpose, or at the next regular neeting, but in any event within forty-eight (48) hours after the closing of the polls, canvass the returns and declare the results of such election. Sec. 4. Vacancies. In the event a vacancy occurs in the office of mayor or councilnan from any cause whatsoever, a special election shall be held within sixty (60) days after the vacancy occurs for the purpose of filling such position for the remainder of the unexpired tern thereof; provided, however, if such vacancy occurs within ninety (90) days prior to a general city election, then no special election shall be held. 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. b. Hayor, nayor pro ten. The nayor of the City of Euless shall preside over the meetings of the city council and perforn such other duties consistent with the office as nay be imposed upon bin by this charter and the ordinances and resolutions passed in pursuance hereof. He may participate in the discussion of all natters coning before the council and shall be entitled to vote in case of a tie, but shall have no veto power. He shall sign all contracts and conveyances nade or entered into by the city and all bonds issued under the provisions of this charter, and shall be the chief executive officer of the city. He shall be recognized as the official head of the city by the court for the purpose of serving civil process, by the governor for the purpose of enforcing military law, and on all ceremonial purposes. In time of danger or energency, the nayor nay with the consent of the council take connand of the police and govern the city by proclanation and naintain order and enforce all laws. The mayor pro ten shall be selected from anong the nenbers of the five (5) councilnen; shall be selected each year at the first regular meeting following the general city election, and shall in the absence or disability of the mayor perforn all the mayor's duties. Sec. 7. City secretary. The city council shall appoint an officer of the city, who shall have the title of city secretary and who shall give notice of the council neetings, shall keep ninutes of its proceedings, shall authenticate by his signature and record in full in a book kept for that purpose all ordinances and resolutions, shall preserve and keep in order all books, papers, records and files of the city council, shall have custody of the seal of the city and shall affix same to such documents and obligations only of the city as he nay be legally authorized to do and shall perforn such other duties as shall be required by this charter or by the city council. 8 Sec.8. City attorney. The city council shall appoint a city attorney who shall be a conpetent attorney, duly licensed and admitted to the practice of law by the State of Texas. The city attorney shall be legal advisor of and attorney for all officers of the city and shall represent the city in all litigation and legal proceedings. He shall approve every ordinance before it is acted upon by the council, Sec. 9. Meetings of the council. The city council shall hold at least two (2) regular neetings in each month at a tine to be fixed by it for such regular neetings, to be designated by ordinance or resolution, which ordinance or resolution shall be published at least one (1) tine in the official newspaper of the city. The city council nay hold as any additional neetings during the month as nay be necessary for the transaction of the business of the city and its citizens. The mayor and any menber of the city council remaining absent for three (3) regular, consecutive meetings of the city council, unless prevented by sickness, without first having obtained leave of absence at a regular meeting of the Euless city council, shall be deened to have vacated his office and such vacancy shall be filled in accordance with the provisions of the charter for the filling of vacancies. (Abend. 4-19-75) 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 its nenbers. Four (4) nenbers of the city council shall constitute a guorun to do business, and the affiruative vote of at least three (3) of those attending any meeting at which there is a quorum present shall be necessary to adopt any ordinance or resolution. All neetings of the city council shall be open to the public, and minutes of all proceedings shall be kept, to which any citizen nay have access at all reasonable tines and which shall constitute one of the archives of the city. The vote upon the passage of all ordinances and resolutions 9 shall be taken by ayes and nays and entered upon the minutes, and every ordinance or resolution, upon its final passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer and the city secretary. Sec. 11. Procedure to enact legislation. The city council: shall legislate by ordinance and the enacting clause of every ordinance shall be: "Be it ordained by the City Council of the City of Euless." The city attorney shall approve all ordinances adopted by the council as to the legality thereof. Every ordinance enacted by the council shall be signed by the nayor or nayor pro ten and shall be filed with and recorded by the city secretary, All ordinances enacted by the council shall be considered and the descriptive caption of such ordinance read in open meeting of the council and at two (2) regular council meetings. All ordinances, unless otherwise provided by law or by the terns of such ordinance, shall take effect immediately upon final consideration and the reading of the descriptive caption thereof. The reguireuent for considering ordinances and reading the descriptive caption thereof at two (2) regular council meetings nay be dispensed with where an ordinance relating to the innediate preservation of the public peace, health or safety is adopted as an emergency neasure by the favorable vote of four (4) or nore of the councilmen and such emergency ordinance shall take effect immediately upon its adoption and execution without a second consideration and second reading of the descriptive caption thereof. (Anend. 4-19-75) Sec. 12. Publication of ordinances, Except as otherwise provided by law, or by this charter, the city secretary shall give notice of the enactuent of every ordinance iuposing any penalty, fine or forfeiture for any violation of any of its provisions, and of every other ordinance required by law, or this charter, to the public, by causing the said ordinance, or its caption and penalty, to be published at least two 10 (2) times after final passage thereof in the official newspaper of the city. The affidavit of such publication by the publisher of such newspaper, taken before any officer authorized to adninister oaths, and filed with the city secretary shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. Such ordinance shall take effect after the date of final publication, provided that any penal ordinance passed as an energency measure under section 11 of this article shall take effect immediately upon its publication as herein provided. Sec. 13, Adoption and ratification of existing ordinances. All ordinances of the City of Euless adopted subsequent to the adoption of this charter and not inconsistent with the provisions of this charter shall retain 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 panphlet fort for public distribution or for anyone desiring sane, the ordinances of the City of Euless, and shall annually thereafter revise and keep the sane up-to-date. ARTICLE III ELECTIONS Sec. 1. General elections. The regular city election shall be held annually on the first Saturday in April at which tine officers shall be elected to fill those office which become vacant that year. The city council shall fix the hours and place for holding such elections. (Anend, 2-18-69; Anend. No. 1,4-14-73) Sec. 2. Regulation of elections. 11 The council shall nake all regulations considered to be necessary or desirable which are not inconsistent with this charter or the laws of the State of Texas, for the conduct of municipal elections, or for the prevention of fraud, and shall make provisions for (a) recount of the ballots in case of doubt or fraud. The council will appoint election officials who will conduct the nunicipal elections consistent with this charter, regulations made by the council and the laws of the State of Texas. The council shall provide for the compensation of all election officials in city elections and for all other expenses of holding such elections. Sec. 3. Filing for office. Any qualified person who desires to becone a candidate for election to the office of nayor or city councilman shall file with the city secretary, at least thirty (30) days prior to the election date, an application in substantially the following form: "I, , do hereby declare that I an a candidate for the office of , and request that ny name be printed upon the official ballot for that particular office in the next City election. "I at years of age, a property owner within the Corporate linits of the City of Euless, a qualified voter of the City of Euless, a resident of the United States, and have been a resident of the City of Euless for at least two (2) years. I au not in arrears in the payment of any taxes or other liability due the City. At present, I reside at Street in the City of Euless, Texas." (Signature of Candidate) "Received by: Date and Hour of Filing THE STATE OF TEXAS ) 12 COUNTY OF TARRANT l BEFORE HE, the undersigned authority, on this day personally appeared , known to me to be the person whose nave is subscribed to the foregoing Application, and who acknowledged to me that the sane was executed for the purpose and considerations therein expressed, and declares under oath that the sane is true and correct. GIVEN UNDER HY RAND AND SEAL OF OFFICE, this the day of Notary Public in and for Tarrant County, Texas "LOYALTY AFFIDAVIT I, , of the City of Euless, County of Tarrant, State of Texas, being a candidate for the office of Councilman, or Hayor,do solemnly swear that I believe in and approve of our present representative ford of government, and if elected, I will support and defend our representative form of government and shall resist any effort to movement from any part thereof, and I will support and defend the Constitution and the Laws of the United States and of the State of Texas. SUBSCRIBED AND SWORN TO BEFORE HE at Tarrant County, Texas, this the day of , 19__. Notary Public, Tarrant County, Texas" 13 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 aduinister oaths. The official ballot shall be printed not less than twenty-one (21) days before the date of the election. Sec. 4. Official ballot. The official ballot shall be drawn up by the city secretary and approved by the city attorney and will contain the naves of all candidates for office, except those who nay have been withdrawn, deceased or becone ineligible. Hanes will be placed on the ballot without party designation and position on the ballot will be deternined by drawing, by the city secretary. 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 council shall canvass the returns, investigate the qualifications of the candidates and declare the official results of the election not later than forty-eight (48) hours following the closing of the polls and delivery of the votes to the city secretary. Returns of every municipal election shall be recorded in the minutes of the council. The candidate for mayor who receives the highest number of ballot votes, by qualified electors voting at the election, shall be declared elected. The candidates for election to the places of councilmen, equal in nuuber to the number of vacancies to be filled, who receive the highest number of ballot votes cast by qualified voters voting at the election, shall be declared elected. The city council shall be the judge of the election and qualifications of its own Members and of the mayor, but the decisions of the council in any case shall be subject to review by the courts. The candidate receiving a majority of all votes cast for the office is elected. 14 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 within fifteen (15) days, The two (2) candidates receiving the highest number of votes shall, by written request, have their names placed on the ballot to be prepared by the city secretary, in the order of their standing in the computation of votes. Should one candidate fail to nake his request, the candidate standing next in computation shall be eligible for a place on the ballot. In the event of a tie between the two (2) candidates, they shall cast lots to determine the winner.(Anend. 2-18-69) Sec. 6. Election tie. In the event there be an equal number of votes given to two (2) or more persons for the sane office, and no one is elected thereto, the city council shall declare such election void as to such office and shall order a special election within not less than thirty (30) days nor more than forty (40) days after such tie election to fill such office. This runoff election shall be between the two (2) or more candidates, only, who have tied; provided, however, if the two (2) or more persons concerned shall agree in writing, filed with the city secretary, upon a different method of deciding which of them shall be declared elected, the decision shall be made in that manner and the special election not ordered. Sec. 7. 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 sane, and provide all means for holding such special elections, provided that every special election shall be called and held as nearly as practicable according to the provisions of the general election laws of the State of Texas. ARTICLE IV. INITIATIVE, REFEREN➢BH AND RECALL Sec. 1. Power of initiative. 15 The people of the City of Euless reserve the power of direct legislation by initiative, and in the exercise of such power, nay propose any ordinance not in conflict with this charter, the state constitution, or the state laws, except an ordinance appropriating money or authorizing the levy of taxes or an ordinance repealing an ordinance appropriating noney or levying taxes. Any initiated ordinance nay be submitted to the council by a petition signed by qualified voters of the City of Euless equal in nunber to at least thirty (30) per cent of the number of votes cast at the last regular nunicipal 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 reject at the polls any legislation enacted by a council which is subject to the initiative process under this charter, except an ordinance which is enacted for the intaediate 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 nunber of councilmen required by this charter to enact emergency legislation. Prior to the effective date of any ordinance which is subject to referendup, a petition signed by qualified voters of the city, equal in nunber to at least thirty (30) per cent of the nunber of votes cast at the last regular municipal election of the city, or signed by one hundred fifty (150) qualified voters, whichever is greater, nay be filed with the city secretary requesting that any such ordinance be either repealed or submitted to a vote of the people. When such a petition has been certified as sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or further action thereunder shall be suspended if it shall have gone into effect, until and unless it is approved by the voters as herein provided. Sec. 3, Porn of petition. Initiative petition papers shall contain the full text of the proposed legislation in the fore of an ordinance, including a descriptive caption. The signatures to the initiative or referendun need not be all appended to 16 one paper, but each signer shall sign his nave in ink or indelible pencil and shall add (under) his signature his place of residence by street and nuuber. One of the signers of each separate petition shall Hake an affidavit that he, and he only, personally circulated such petition and that signature appended thereto was nade in his presence and is the genuine signature of the person whose nave it purports to be, and further that no signature shall have been placed thereon forty-five (45) days prior to the filing of such petition. Sec. 4. Filing, exanination and certification of petition. Within ten (10) days after an initiative or referendum petition is filed, the city secretary shall determine whether the sane is signed by the requisite number of qualified voters. The city secretary shall declare void any petition paper which does not have an affidavit attached thereto as required by section 3 of this article. In exauining 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 coupleting exanination of the petition, the city secretary shall certify the results thereof to the council at its next regular meeting, stating the number of persons found on the petition who are qualified to vote and the number of persons found on the petition who are not qualified to vote. If the certificate of the city secretary shall show an initiative or referendum petition to be insufficient, the city secretary shall notify the person filing the petition, and it nay be anended within ten (10) days from the date of such notice by filing a supplementary petition upon additional papers signed and filed as provided for in the original petition. Within ten (10) days after such amendment is filed, the city secretary shall exauine the anended petition and certify as to its sufficiency. If the anended petition is found to be insufficient, the city secretary shall return the petition to the person filing sane, 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 sane subject natter shall be filed until six (6) months shall have elapsed fron the date of filing of the original petition. Sec. 5. Council consideration and submission to voters. 17 When the council receives an authorized initiative petition certified by the city secretary to be sufficient, the council shall either: (a) Pass the initiated ordinance without auendnent 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 (c) At such election, submit to a vote of the qualified voters of the city said initiated ordinance without anend- nent, and an alternative ordinance on the sane subject proposed by the council. When the council receives an authorized referendum petition certified by the city secretary to be sufficient, the council shall reconsider the referred ordinance, and if upon such reconsideration 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. Special elections on initiated or referred ordinances shall not be held more frequently than once each six (6) months, and no ordinance on the same subject as an initiated ordinance which has been defeated at any election may be initiated by the voters within two (2) years fron the date of such election. Sec. 6. Ballot form and results of election. The ballot used in voting upon an initiated or referred ordinance shall state the caption of the ordinance and below the caption shall set forth on separate lines the words, For the Ordinance" and "Against the Ordinance." An initiated ordinance and an alternative ordinance proposed by the council which are submitted at the sane election shall be appropriately identified as 18 the initiated or referred ordinance and as the ordinance proposed by the council. Any number of ordinances uay be voted upon at the sane election in accordance with the provisions of this article. An ordinance subnitted and receiving an affirmative najority of the votes cast, shall thereupon be effective as an ordinance of the city. An ordinance so adopted nay be repealed or anended at any tine 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 uajority of the votes cast shall be deemed thereupon repealed. Sec. 7, Power of recall. The people of the city reserve the power to recall any nether of the council and nay exercise such power by filing with the city secretary a petition, signed by qualified voters of the city equal in nunber to at least thirty (30) per cent of the number of votes cast at the last regular nunicipal election of the city, or by one hundred fifty (150) qualified voters, whichever is greater, denanding the renoval of a councilman. 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 renoval is sought, and one of the signers of each petition paper shall nake an affidavit that the statenents therein Wade are true. Sec. 8. Recall election, Within fifteen (15) days after the date of the filing of the papers constituting the recall petition, the person performing the duties of city secretary shall present such petition to the council. The officer whose renoval is sought nay, after such recall petition has been presented to the council, request in writing to the council at next regular meeting that a public hearing be held to permit him 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 19 (5) days nor more than fifteen (15) days after receiving such request for a public hearing. If the officer whose renoval 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 fron the date of the public hearing if one was held. Sec. 9. Recall ballot. Ballots used at recall elections shall conforn to the following requirenents; (a) With respect to each person whose renoval is sought, the question shall be submitted "Shall (Name of Council- man) be renoved from the office of City Councilman?" (b) Immediately below each such question there shall be printed the two (2) following propositions, one above the other, in the order indicated: "For the recall of (Name of Councilman)" "Against the recall of (Kane of Councilman)" Sec. 10. Results of a recall election. If a najority of the votes cast at a recall election shall be against renoval of the councilman named on the ballot, he shall continue in office. If a najority of the votes cast at such election be for the removal of the councilman named on the ballot, the council shall immediately declare his office vacant and such vacancy shall be filled in accordance with the provisions of this charter for the filling of vacancies. A councilman thus renoved shall not be a candidate to succeed himself in an election called to fill the vacancy thereby created. Sec. 11. Limitations on recall. 20 No recall petition shall be filed against any officer of the city within three (3) months after his election, or within three (3) uonths after an election for such officer's recall. ARTICLE V. ADMINISTRATIVE ORGANIZATION Sec, 1. The city nanager. The council shall appoint a city nanager for an indefinite term, who shall be the chief administrative officer of the city, He shall be chosen by the council solely on the basis of his executive and administrative training, experience, ability and character, and without regard to political consideration. He need not, when appointed, be a resident of the City of Euless, but during his tenure of office, he shall reside in the City of Euless, No nenber of the council shall, during the term for which elected, be chosen as city manager. The city manager shall receive such compensation as nay be fixed by the council. Sec. 2. Powers and duties of the city manager. The city manager shall be responsible to the council for the proper administration of all the affairs of the city. The powers herein conferred upon the city nanager shall include, but shall not be United by, the following: (1) Appoint, and when necessary for the welfare of the city, remove any officer or employee of the city, except as otherwise provided by this charter and except as he nay authorize the head of a department to appoint and remove subordinates in such department; (2) Prepare and submit to the council an annual budget and be responsible for its administration after adop- tion; (3) Prepare and submit to the council as of the end of the 21 fiscal year a complete report on the finances and ad- ninistrative activities of the city for the preceding year; (4) Keep the council advised of the financial condition and future needs of the city and Rake such recommenda- tions as nay seen to him desirable; (5) Perform such other duties as nay be prescribed by this charter or required of him by the council, not incon- sistent with this charter; (6) Attend all neetings of the council, except when he is under discussion, with the right to take part in the discussion, but having no vote; and he shall be notified of all special meetings of the council. Sec. 3. Renoval of city manager. The council nay renove the city manager, upon the affirnative vote of a najority of full nenbership of the council. If renoved after serving three (3) nonths, he nay demand written charges and the right to be heard thereon at a public neeting of the council prior to the date on which his final removal shall take effect; but pending such hearing, the council nay suspend him from office. The action of the council in suspending or renoving the city tanager shall be final, it being the intention of the charter to vest all authority and fix all responsibility for such suspension or removal in the council. Sec. 4. Council not to interfere in city nanager's appointments or removals. Neither the council nor any of its neubers shall direct or request the appointment of any person to or his removal fron office by the city manager or by any of his subordinates. However, the council nay consult and advise the city manager, nake inquiry regarding the appointments or renovals and nay express their opinion in regard thereto. In regard to adninistrative and 22 executive duties under the city nanager, the council and its members shall deal solely through the city nanager and neither the council nor any neuber thereof shall give orders to any subordinate of the city nanager, either privately or publicly. Willful violation of the foregoing provisions of this charter by any neuber of the council shall constitute official nisconduct and shall authorize the council by a vote of a najority of its nenbership 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 neuber. Sec. 5. Absence of the city manager. To perforn his duties during his tenporary absence or disability, the city nanager, by letter filed with the city secretary, nay designate a qualified administrative officer of the city. In the event of failure of the city manager to nake such designation, the council nay, by resolution, appoint an officer of the city to perforn the duties of the city nanager until he shall return or his disability shall cease. In case of disability or illness exceeding thirty (30) days, where his duties could not be performed properly, his salary should be continued at the discretion of the council. Sec. 6. Administrative departnents. There shall be such administrative departments as are established by this charter and such other adninistrative departments as nay be deened necessary by the council and as are established by ordinance, all of which shall be under the control and direction of the city nanager. The council nay abolish or conbine one or nore departments created by it and nay 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 nay be renoved by the city nanager. Such directors shall have supervision and control over their respective departments and nay serve as chiefs of divisions within their respective departnents. Two (2) or nore 23 departments nay be headed by the sane individual, and the city manager nay head one or nore departments, ARTICLE Vt. 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. (Anend. 4-19-75) Sec, 2. Judge of the nunicipal court. The municipal court shall be presided over by one or nore nagistrates who shall be known as the city judge or judges of Euless, Texas, and shall be duly licensed by the State of Texas as an attorney at law. Such judge or judges shall be appointed by the mayor and approved by the council and shall serve at the pleasure of the council, Such judge or judges shall receive such conpensation as nay 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 nayor shall act in place of the city judge or judges until such vacancy or vacancies shall be filled. (Amend. 4-19-75) Sec. 3 Clerk of the nunicipal 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, nake certificates, affix the seal of the court thereto and otherwise perforn any and all acts necessary in issuing process of such court and conducting the business thereof. There shall be such deputy clerks of the municipal court as nay be authorized and appointed by the council, who shall have authority to act for and on behalf of the clerk of the municipal court. (Auend.4-19-75) Sec. 4. Procedure in the hunicipal court. 24 All conplaints, prosecutions, the service of process, conmitnent of those convicted of offenses, the collection and payment of fines, the attendance and service of witnesses and juries, punishment for contenpt, bail and taking of bonds shall be governed by the provisions of the Code of Crininal Procedure of the State of Texas applicable to municipal courts. (Anend, 4-19-75) ARTICLE VII. FINANCE Sec. 1. Fiscal year. The fiscal year of the City of Euless shall begin on October first of each calendar year and will end on September thirtieth of the following calendar year. The fiscal year will also be established as the accounting and budget year. All funds collected by the city during any fiscal year, including both current and delinquent revenue shall belong to such fiscal year and, except funds derived to pay interest and create a sinking fund on the bonded indebtedness of the city, nay be applied to the payment of the expenses incurred during such fiscal year. Any revenues uncollected at the end of any fiscal year, and any unencumbered funds actually on hand, shall become resources of the next succeeding fiscal year. Sec. 2. Preparation and submission of budget. The city manager, prior to August first of each year, shall prepare and submit the budget, covering the next fiscal year, to the council, which shall contain the following infornation. In preparing the budget, each enployee, officer, board and departnent shall assist the city nanager by furnishing all necessary infornation, (1) The city manager's budget nessage shall outline the proposed financial policies for the next fiscal year with explanations of any change from previous years in expenditures and any najor changes of policy and a complete statement regarding the financial conditions of the city, 25 (2) An estimate of all revenue fron taxes and other sources, including the present tax structure rates and property evaluation for the ensuing year. (3) A carefully itenized list of proposed expenses by office, departnent, agency, employee and project for the budget year, as compared to actual expenses of the last ended fiscal year, and the present year-to-date. (4) A description of all outstanding bond indebtedness, showing amount, purchaser, date of issue, rate of interest, and naturity date, as well as any other indebtedness which the city had incurred and which has not been paid, (5) A statement proposing any capital expenditures deened necessary for undertaking during the next budget year and reconuended provisions for financing. (6) A list of capital projects which should be undertaken within the five (5) next succeeding years. Sec. 3. Budget a public record. The budget and all supporting schedules shall be filed with the city secretary when subnitted to the council and shall be open to public inspection by anyone interested. Sec. 4. Public hearing on budget, At the council neeting at which tine the budget is submitted, the council shall name the date and place of a public hearing and shall cause to be published in the official newspaper of the city the tine and place, which will be not less than seven (7) days nor more than fifteen (15) days after the date of the notice. At this hearing, interested citizens nay express their opinions concerning itens of expenditure, giving their reasons for wishing to increase or decrease any itens of expense, 26 Sec, 5, Proceeding on adoption of budget. After public hearing, the council shall analyze the budget, Waking 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 najority vote of all members of the council. Sec. 6. Budget, appropriation and amount to be raised by taxation. On final adoption, the budget shall be in effect for the budget year. Final adoption of the budget by the council shall constitute the official appropriations as proposed expenditures for the current year and shall constitute the basis of the official levy of the property tax as the amount of tax to be assessed and collected for the corresponding tax year. Estinated expenditures will in no case exceed proposed revenue plus cash on hand. Unused appropriations nay be transferred to any item required for the same general purpose. Sec. 7. Unallocated reserve fund. The city manager nay reconnend 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. See. 8. Amending the budget. Under extreme emergency conditions which nay arise and which could not reasonably have been foreseen in the normal process of planning the budget, the council nay, by a najority vote of the full nenbership, amend or change the budget to provide for any additional expense in which the general welfare of the citizenry is involved. These amendments shall be by ordinance, and shall become an attachnent to the original budget. Sec, 9. Certification; copies made available, 27 A copy of the budget, as finally adopted, shall be filed with the city secretary. The final budget shall be printed, mimeographed or otherwise reproduced and sufficient copies shall be nade available for the use of all offices, agencies and for the use of interested persons and civic organizations. Sec, 10. Defect shall not invalidate the tax levy. Errors or defects in the fora or preparation of the budget or the failure to perforn any procedural requirements shall not nullify the tax levy or the tax rate, Sec. 11, Independent audit. At the close of each fiscal year, and at such other tines as it nay be deemed necessary, the council shall cause an independent audit to be /lade of all accounts of the city by a certified public accountant, The certified public accountant shall have no personal interest, directly or indirectly, in the financial affairs of the city or any of its officers. Upon conpletion of the audit, the results thereof shall be published forthwith in the official newspaper of the City of Euless and copies placed on file in the city secretary's office for public record. Sec. 12. Purchase procedure, Before any purchases or contracts are made by the City of Euless for supplies, materials or equipment, the city manager or his authorized agent shall give ample opportunity for competitive bidding under such rules and regulations and with such exceptions, as the city council nay prescribe, or as provided by law. (Anend.4-19-75) ARTICLE VIII, BONDS, WARRANTS AND OTHER EVIDENCE OF INDEBTEDNESS Sec, 1. Powers to issue, 28 In keeping with the constitution of the State of Texas and not contrary thereto, the City of Euless shall have the power to borrow Honey on the credit of the city for any public purpose not now or hereafter prohibited by the constitution and laws of the State of Texas, and shall have the right to issue all tax bonds, revenue bonds, funding and refunding bonds, tine warrants and other evidence of indebtedness as now authorized or as nay hereafter he 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 tanner provided by the general laws of the State of Texas. Sec. 3, Sale of bonds, No bonds issued by the City of Euless shall be invalid because they are sold for less than par value and accrued interest. The Council shall have the right to reject any or all bids. Sec. 4. Interest and sinking fund. It shall be the duty of the council to levy an annual tax sufficient to pay the interest on and provide the necessary sinking fund required by law on all outstanding general obligation bonds of the city. The interest and sinking fund shall be deposited in a separate account and shall not be diverted to or used for any other purpose than to pay the interest and principal on all such bonds issued by the City of Euless. The sinking fund maintained for the redenption of any debt nay be invested in any interest bearing bonds of the United States government, and/or secured bonds of the State of Texas as nay be provided by the laws of this state. InVestnent of all sinking funds for interest shall nature at least fifteen (15) days prior to the date of payment due on bonds issued by the City of Euless, The council may also invest city ponies in any state or national chartered bank on tine deposit interest. Sec, 5, Revenue bonds, 29 The city shall have power to borrow Honey for the purpose of constructing, purchasing, improving, extending, or repairing of public utilities, recreational facilities or facilities for any other self-liquidating municipal function not now or hereafter prohibited by general laws of the state, and to issue revenue bonds to evidence the obligation created thereby, Such bonds shall be a charge upon and payable solely fron the properties, or interest therein, acquired and the incone therefrom, and shall never be a debt of the city. Revenue bonds issued by the city may, within discretion of the city council, be subnitted 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 terns and force of any purchase agreenent, contract, nortgage, bond or document desired or necessary for the issuance of revenue bonds and the acquisition and operation of any such property or interest. Sec, 6. Execution and registration of bonds. All bonds, warrants and certificates of indebtedness shall be signed by the mayor, countersigned by the city secretary, and sealed with the seal of the city in the manner provided by general law, and shall be payable at such tines and place or places as may be fixed, not Wore than forty (40) years fron their date. It shall be the duty of the mayor, when such bonds are issued, to forward the sane to the attorney general of the State of Texas for approval and for registration by the comptroller of public accounts. Sec. 7, Bond register, The director of finance or other officer of the city designated by the city shall keep, or cause to be kept, for and on behalf of the city a conplete bond registry and books, showing all bonds, warrants and certificates of indebtedness issued, the date and amount thereof, the rate of interest, maturity, etc., of all bonds or other indebtedness surrendered and all other transactions of the council having reference to the refunding of the indebtedness of said city. When bonds or their coupons are paid, their paynent or cancellation shall be noted in said registry. The books shall be safely kept among the records of the city. 30 ARTICLE IX.TAXATiON Sec. 1. Powers of taxation, The council shall have power to levy, for general purposes, an ad valorem tax on real, personal, and nixed property within the territory of the City of Euless, not exempt fron taxation by the constitution and laws of the State of Texas, based upon its true value as provided by law to the extent of the constitutional limit permitted by the State of Texas to cities of over five thousand (5,000) population. The council nay levy taxes on all property, privileges and franchises of every kind and description within the city limits or having its situs therein on January first of each year, and from any other local source, and provide for rendition thereof, the place, time and Banner of payment thereof, with penalties, as the council nay deen best, not in violation of the laws of this state. Sec. 2. Assessnent of property for tax purposes. Every person, partnership, association or corporation holding, owning or controlling property within the limits of the city shall, between January first and April thirtieth of each year, file with the tax assessor and collector a full and couplete sworn inventory rendition of such property held, owned or controlled within the said city limits on January first of each year. The council nay prescribe by ordinance the node and nanner of making such inventories and penalty for failing or refusing to subnit the sane, The city tax assessor and collector shall review all renditions made to hin and determine the value of the property rendered and fix the value thereof for tax purposes. If the assessor fixes a value higher than that shown on the owner's last tax statement, he shall give written notice thereof to such owner at his last known address by depositing the sane, postage paid, in the U.S. nail, notifying him of such change and advising hin that he nay appear before the board of equalization to protest such change. Sec. 3. Exenpt property, 31 All household furnishings and effects used by the taxpayer in his actual residence and all notor vehicles used by the taxpayer for his own personal use shall be exempt fron taxes, Sec. 4. Unrendered property. The assessor and collector of taxes shall assess all property which for any cause has not been rendered, placing such valuation thereon as he nay deep just, If the owners of such property are unknown, such assessnent nay be nade in the nave, "Unknown." Sec. 5. Paynent of taxes. The taxes herein and hereby authorized to be levied shall becone due and payable October first of the year assessed, and sane shall be payable in cash at the office of the assessor and collector of taxes or such other officer as the city nay, by ordinance, prescribe. Sec. 6. Delinquent taxes. Taxes shall be deened and becone delinquent if not paid prior to February first of the year following assessnent, and such delinquent taxes shall be subject to a penalty at a rate established by the council. In addition to the penalty above prescribed, such delinquent taxes shall bear interest at a rate, fron date of original delinquency, as established by the council. In addition to the penalty and interest herein provided for, such delinquent taxpayer shall be subject to the payment of all costs and expenses incurred in the advertisenent of such delinquent property and the collection of such taxes through any nethod provided by this charter and/or the laws of the State of Texas. Such costs and expenses of collection, penalties and interest shall be an obligation of the taxpayer and be secured by the sane lien and collected in the sane nanner as other taxes. (Anend, 4-19-75) Sec. 7. Tax lien and liability. 32 A special lien is hereby created on all real, personal and nixed property, located in the City of Euless, in favor of the City of Euless for all taxes, ad valoren, occupational or otherwise. Said lien shall exist from January first in each year until the taxes are paid, Such lien shall be prior to all other claius, and no gift, sale, assignment or transfer of any kind, or judicial writ of any kind, can ever defeat such lien, but the assessor and collector of taxes can pursue such property, and whenever found out may, by judicial writ, seize and sell enough thereof to satisfy such taxes. All persons or corporations owning real, personal or mixed property on the first day of January of each year shall be liable for all nunicipal taxes levied thereon for such year, Sec. 8. Joint interest in property. The assessor and collector of taxes shall not be required to make separate assessnents of joint interests or conflicting interests in any real estate, but the owner of such interest nay furnish to the assessor and collector of taxes at any tine before the first day of April of each year a written description of any parcel of land in which he has an interest less than the whole showing the anount of his interest therein, if known. The assessor and collector of taxes nay thereupon assess such interest as a separate parcel and the renaining interest as a different parcel and proceed to fix the value of each. The assessor and collector of taxes nay receive the taxes on part of any lot or parcels of real estate or any undivided interest therein, but no such taxes shall be received until the person rendering the sane shall have furnished the said assessor and collector of taxes a particular description of the particular part or interest on which paynent is tendered. Sec. 9. Board of equalization. The council shall each year prior to the first day of Kay, or as soon as practicable thereafter appoint a board of equalization to be conposed of three (3) members who nay not be ueibers of the governing body, and who are 33 qualified taxpaying voters of Euless, well acquainted with property values, Said board shall choose frog its nenbership a chairman who shall preside at all board neetings. The said board shall convene as near as practicable on the first day of Hay, giving notice of tine and place of neeting, and continue its labors until its said work is completed, but not to continue longer than the first day of August following, It shall be the duty of the council, as soon as the assessment rolls are completed, to refer the sane to the board of equalization, whose duty it shall be to equalize the taxes assessed on such rolls and to make all necessary correction and adjustment and shall be governed in its procedure by the laws of this state, relating to the equalization of state and county taxes by connissioner's court. In addition to the foregoing, the said board shall have the power, when sitting, to conpel the production of all books, documents, stocks, bonds and other papers pertinent to any investigation of the taxable property of any person or persons, firm or corporation having or owning property within the corporate limits of the city subject to taxation. Said board shall have full power to correct any nistakes or inequality in the assessnent of property. A najority of the said board shall constitute a quorum for the transaction of business. The assessor and collector of taxes shall serve as ex officio secretary to said board. Innediately upon completion of its work, the board shall certify its approval of the assessnent rolls and forward the sane to the council. The council shall thereupon approve the assessnent rolls and they shall thereon becone the assessnent rolls of the city for that tax year. Sec. 10. Appeals to board of equalization. Any person disagreeing with the assessor and collector of taxes in the assessment, or in the valuation of property for taxing purposes, shall be entitled to make complaint to the board of equalization and to appeal to said board for revision and correction of the natter upon which said conplainant is based. The board may exanine the conplainant, his agent or attorney and other persons in regard to the natter complained of and nay compel the attendance of witnesses and the production of books and papers necessary to furnish infornation to the board, ARTICLE X. PLANKING 34 Sec, 1. The planning and zoning counission. There shall be established a planning and zoning counission which shall consist of a minimal of seven (7) citizens fron the City of Euless who own real property within said city. The members of said connission shall be appointed by the city council for a tern of two (2) years. Three (3) nenbers of the planning and zoning commission shall be so appointed each odd-nunbered year and four (4) nenbers shall be so appointed each even -numbered year. The counission shall elect a chairman from among its membership and shall neet not less than once each nonth, Vacancies and unexpired terns shall be filled by the council for the reuainder of the term. A majority of the nenbers shall constitute a quorum. flenbers of the commission may be removed by the mayor with the consent of the council after public hearing and for cause set forth in writing. The commission shall keep minutes of its proceedings which shall be of public record. The counission shall serve without compensation, (Anend. 2-18-69) Sec. 2. Planning and zoning connission powers and duties. The planning and zoning connission shall; (a) Reconnend a city plan for the physical developnent of the city. (b) Reconnend to the city council approval or disapproval of proposed changes in the zoning plan, and (c) Exercise control over platting or subdividing land within the corporate limits of the city and outside said corporate limits to the extent authorized by law. 35 The commission shall be responsible to and act as an advisory body to the council and shall have and perforu such additional duties as nay be prescribed by ordinance. Sec. 3. The vaster plan. The Waster plan for the physical development of the City of Euless shall contain the conuission's recounendations for growth, developuent and beautification of the city. A copy of the naster plan, or any part thereof, shall be forwarded to the city council, which nay adopt this plan in whole or in part, and nay adopt any anendnents thereto after at least one public hearing on the proposed action. The city council shall act on such plan, or part thereof, within sixty (60) days following its subnission. If such plan, or part thereof, shall be rejected by the council, the connission nay modify such plan, or part thereof, and again forward it to the city council for consideration. All anendnents to the vaster plan reconnended by the commission shall be submitted in the sane nanner as outlined above to the city council for approval, and all recontendations affecting the taster plan shall be accompanied by a reconnendation fron the planning and zoning connission. Sec. 4. Legal effect of the naster plan. Upon the adoption of a raster plan by the city council, no subdivision, street, park or any public way, ground or space, public building or structure, or public utility whether publicly or privately owned, which is in conflict with the vaster 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 connission. In case of disapproval, the connission shall connunicate its reasons to the council, which shall have the power to overrule such disapproval, and upon such overruling, the council shall have power to proceed. The widening, narrowing, relocating, vacating or change in the use of any street, alley or public way or ground, or the sale of any public building or real property, shall be subject to sinilar subnission and 36 approval by the planning and zoning connission, and failure to approve may be similarly overruled by the city council. ARTICLE XI. FRANCHISES AND PUBLIC UTILITIES* Sec. 1. Powers of the city. In addition to the city's power to buy, own, construct, naintain and operate utilities within or without the city linits, and to manufacture and distribute electricity, gas or anything else that nay be needed or used by the public, the city shall have further power as nay now or hereafter 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, sidwewalks, alleys, parks, public squares and public places of the city is hereby declared to be inalienable by the city, except by ordinances not in conflict with the provisions of this charter. No act or omission by the council or any officer or agent of the city shall be construed to grant, renew, extend or anend, expressly or by estoppel or inplication any right, franchise or easenent 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 neetings of the council and shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until thirty (30) days after its final passage; and pending such tine, the full text of such ordinance shall be published once each week for four (4) consecutive weeks in the official newspaper of the City of Euless and the expense of such publication shall be borne by the proponent of the franchise. 37 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 Rnless 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 nay acquire by condemnation or otherwise, nothing shall be included as the value of any franchise granted by the city under this charter. Sec. 6. Regulation of rates. The council shall have full power after notices and hearing to regulate by ordinance the rates, charges and fares of every public utility franchise holder operating iin the city, provided that no such ordinance shall be passed as an emergency measure, Every franchise holder who shall request an increase in rates, charges, or fares, shall have, at the hearing of the council called to consider such request, the burden of establishing by clear, competent and convincing evidence, the value of its investments properly allocable to service in the city, and the auount and character of its expenses and revenues connected with the rendering of such service. In connection with the city council's power to regulate rates and services, articles 1119 through 1124A, both articles inclusive, of the 1925 Revised Civil Statutes of the State of Texas as now or hereafter amended are hereby adopted as a part of this charter. No public utility franchise holder shall institute any legal action to contest any rate, charge or fare fixed by the council until such franchise holder has filed a notion for rehearing with the council specifically setting out each ground of its complaint against the rate, charge or fare fixed by the council, and until the council shall have acted upon such notion. Such motion shall be deemed overruled unless acted upon by the council within a reasonable tine, not to exceed ninety (90) days 38 from the filing of such notion for rehearing; provided, that the council nay by resolution extend such tine limit for acting on said notion for rehearing fron ninety (90) days to one hundred eighty (180) days. 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 franchise granted thereunder shall ever be construed to deprive any such property owners of any right of action for damage or injury to his property as now or hereafter provided by law, Sec. 8. Extensions, A11 extensions of public utilities within the city limits shall become a part of the aggregate property of the public utility, shall be operated as such, and shall be subject to all the obligations and reserved rights contained in this charter and in any original grant hereinbefore nade. The right to use and maintain any extensions shall terminate with the original grant. In case of an extension of public utility operated under a franchise hereafter granted, such right shall be terminable at the sage tine and under the sane conditions as the original grant, Sec, 9, Tenporary permits. Permits unconditionally revocable at the will of the governing body for minor or temporary privileges in the streets, public ways and public places of the city may be granted and revoked by ordinance fron time to tine, and such permits shall not be deemed franchises as the tern 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 39 such franchises shall not be inpaired by the provisions of this charter, except that the power of the City of Euless to exercise the right of eiinent donain in the acquisition of any utility property is in all things reserved, and except the general powers of the city heretofore existing and herein provided for to regulate the rates and services of a utility, which shall include the right to require adequate and reasonable extension of plant and service and the maintenance of the plant fixtures at the standard necessary to render the highest reasonable quality of utility service to the public, Every public utility franchise hereafter granted shall be held subject to all the terns and conditions contained in the various sections of this article whether or not such terns are specifically mentioned in the franchises, Nothing in this Charter shall operate to linit in any way, as specifically stated, the discretion of the council or the electors of the city in imposing terns and conditions as nay be reasonable in connection with any franchise grant, including the right to require such compensation or rental as nay be pernitted by the laws of the State of Texas. Sec. 11, Franchise records. Within six (6) nonths 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 naintain a public record of public utility franchises. Sec. 12. Accounts of nunicipally owned utilities, Accounts shall be kept for each public utility owned or operated by the city, in such manner as to show the true and complete financial results of such city ownership and operation, including all assets, appropriately subdivided into different classes, all liability subdivided by classes, depreciation reserve, other reserves, and surplus; also revenues; operating expenses including depreciation, interest payments, rental, and other disposition of annual incone, The accounts shall show the actual capital cost to the city of each public utility owned, also the cost of all 40 extensions, additions, and improvements and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished or rendered by any such utility to any other city or governuental 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 beconing effective, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the mayor or councilman and attested by the city secretary as herein provided, which book and a duplicate copy thereof shall be kept in a fireproof city depository. All public records of every office, department, or agency of the city shall be open to Inspection by any citizen at all reasonable times, provided that police records and vital statistics records, and any other records closed to the public by law, shall not be considered public records for the purpose of this section. Sec, 2. Personal interest in city contracts, No officer or enployee of the City of Euless shall have a financial interest, direct or indirect, in any contract with the city, or be financially interested directly or indirectly in the sale to the city of any land, uaterials, supplies or services, except on behalf of the city as an officer or employee. Any knowing and willful violation of this section shall constitute nalfeasance in office and any officer or enployee guilty thereof shall be reaoved from his office or position. Any violation of this section, with the knowledge, expressed or inplied, of the person or corporation contacting [contracting] with the governing body of the city shall render the contract involved voidable at the discretion of the governing body. 41 Sec. 3. Nepotisn. No person related within the second degree by affinity, or the third degree by consanguinity to the mayor, any nenber of the city council, or the city nanager 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 tine of the election of the mayor or councilman, or appointnent of the city nanager, so related to him. Sec. 4. Officers not to be interested in franchises; forfeiture of office. No officer or employee of the City of Euless shall accept, directly or indirectly, any gift, favor, privilege or employment from any public utility corporation enjoying a grant of any franchise, privilege or easenent from said city, during the tern of office of such officer, or during the employment of such employee of the city, except as nay be authorized by law or ordinance. Any officer or employee of the city who shall violate the provisions of this section shall be guilty of a misdemeanor and shall be punished by such fine as nay be prescribed by ordinance for this offense, and may forthwith be removed from office. Sec. 5. Hechanic, material or labor clain. All subcontractors, naterialnen, nechanics and laborers upon any public works of the City of Euless are hereby required to notify the city of all claims they nay 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 clains; provided that such notice nust be given at any time after such indebtedness becomes due and before the city's final settlement with the contractor; and provided further, that no contractor or subcontractor shall issue any checks on, or on account of, any public works of said city. Sec. 6. Notice of clain. 42 The City of Euless shall not be held responsible on account of any claim for danages to any person or property unless the person naking such complaint or claining such damages shall, within thirty (30) days after the tine at which it is claimed such danages were inflicted upon such person or property, file with the city secretary, a written statenent 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. (Aned.2-18-69) Sec. 7. Assignnent, execution and garnishnent. The property, real and personal, belonging to said city shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to said city, in the hands of any person, be liable to garnishment on account of any debt the city may owe or funds the city nay have on band due any person, nor any of its officers or agents shall be required to answer any writ of garnishnent on any account whatsoever, nor shall said city be liable to the assignee of any wages of any officer, agent or employee of said city, whether earned or unearned, upon any claim or account whatsoever, and any such attenpted assignment shall be absolutely void as to the city, Sec. 8, Bonds of contractors. The governing body of the City of Euless shall require good and sufficient bonds of all contractors, with a good corporate surety thereon, acceptable to the governing body of the City of Euless. Sec. 9. Condennation of dangerous structures. Whenever, in the opinion of the governing body of the City of Euless, or appropriate city official, any building, fence, shed, awning, cave, excavation, structure, object or thing of any kind or part thereof nay fall or collapse and injure persons or property, the city nay order the owner or agent of the sane or occupant of the prenises, to take such corrective neasures as the governing body nay direct, and nay punish by fine all persons failing to do so. Upon his failure to conply, the governing body shall have 43 the additional power to remove the sane 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 nay be collected as other special taxes provided for in this charter, or by suit in any court of competent jurisdiction. Sec. 10. 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 nay 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 confornity with the building code which exists in said city or shall hereafter be passed. Sec. 11. Pools, ponds and lakes. The City of Euless shall have power to control or prohibit the construction of pools, ponds or lakes, receiving water fron a recognizable stream, creek, branch or natural drainage. The city nay control location, construction, height of structure, depth and size of body of water to be impounded. No pool, pond or lake, receiving water from a recognizable stream, creek, branch or natural drainage, shall be constructed without first obtaining a permit issued by the city. Sec. 12. Bonds of city officials, employees, or department directors, In addition to any bonding provisions herein provided, the council may require any city official, departnent director or city enployee, before entering upon bis duties, to execute a good and sufficient bond with a surety conpany doing business in the State of Texas, and approved by the council, as surety thereon, said bond to be in such amount as the council nay deaand, 44 payable to the City of Euless, and conditioned for the faithful performance of the duties of his office; preniun of such bond to be paid by the city. Sec. 13. Anendnent of the charter. This charter nay be amended no more than once every two (2) years as provided by the laws of the State of Texas. Sec. 14. Separability clause. If any section or part of a section of this charter is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not invalidate or impair the validity, force or effect of any other section or part of a section of this charter. Sec. 15. Construction of the charter. In the wording of the charter, the use of the singular nunber shall include the plural, and the plural shall include the singular. Words used in the masculine gender shall include the feminine also, unless by reasonable construction, it appears that such was not the intention of this charter. Sec, 16. Construction of power. This charter shall not be construed as a Here grant of enumerated powers, but shall be construed as a general grant of power and as a limitation of power on the government of the City of Euless in the sane nanner as the constitution of Texas is construed as a limitation on the powers of the legislature. Except where expressly prohibited by this charter, each and every power under Article XI, Section 5, of the Constitution of Texas, which it would be competent for the people of the City of Euless to grant expressly to the city, shall be construed to be granted to the city by this charter. Sec, 17. Effective date of charter. 45 This charter, if adopted, shall becone effective fron and after the votes cast at the election at which it is submitted to the voters shall have been counted and the result of said election declared and an order or ordinance shall have been entered upon the records of the city council declaring it adopted. Sec. 18, 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 anendnents thereto, as it shall deen appropriate, and upon the passage of any such ordinance, a copy thereof certified by the city secretary, shall be forwarded to the secretary of state for filing. Sec. 19. Exemption fron 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. (Anend.2-18-69) ARTICLE XIII, PARKS AND RECREATION BOARD Sec. 1. Creation of the City of Euless Parks and Recreation Board, There shall be established by the Euless City Council a parks and recreation board which shall consist of six (6) residents of the City of Euless. The nenbers of said parks and recreation board shall be appointed by the Euless City Council for a term of two (2) years. Three (3) nenbers of the Euless Parks and Recreation Board shall be so appointed each odd nunbered year and three (3) nembers shall be so appointed each even nunbered year. The nenbership of the parks and recreation board shall elect a chairman fron among its members and shall meet not less than once each nonth. Vacancies and unexpired terns shall be filled by the Euless City Council for the remainder of the tern. A najority of the nenbers shall constitute a quorum. The parks and recreation board shall keep ninutes of its proceedings which shall be of public record and shall serve without compensation. The duties 46 and responsibilities of the Euless Parks and Recreation Board shall be defined by ordinance adopted by the Euless City Council, The board shall be responsible to and act as an advisory body to the Euless City Council and shall have and perform such additional duties as may be prescribed by ordinance from tine to tine. (Anend. No. 2,4-14-73) ARTICLE XIV. LIBRARY BOARD Sec. 1. Creation of the City of Euless Library Board. There shall be established by the Euless City Council a library board which shall consist of six (6) residents of the City of Euless. The members of said library board shall be appointed by the Euless City Council for a tern of two (2) years. Three (3) nenbers of the Euless Library Board shall be so appointed each odd numbered year and three (3) nenbers shall be so appointed each even numbered year. The nenbership of the library board shall elect a chairuan fron among its members and shall meet not less than once each month, Vacancies and unexpired terns shall be filled by the Euless City Council for the remainder of the tern. A najority of the uenbers shall constitute a quorun. The library board shall keep minutes of its proceedings which shall be of public record and shall serve without compensation. The duties and responsibilities of the Euless Library Board shall be defined by ordinance adopted by the Euless City Council. The board shall be responsible to and act as an advisory body to the Euless City Council and shall have and perforn such additional duties as nay be prescribed by ordinance fron tine to tine. (Anend. No. 3,4-14-73) 47