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HomeMy WebLinkAboutCharter of the City of Euless, TX July 21, 1962 , CHARTER of the „, CITY .0 F 4... EULEsS TEXAS jFF! Election to be held July 21, 1962 PREFACE I On November 18, 1961, the citizens of Euless by a substantial majority voted for the selection of a commission to frame a new charter for Euless. At this same election a commission composed of fifteen (15) citizens of Euless was elected by the people of Euless to undertake the task of framing a home-rule charter. The Charter Commission promptly began its work and has labored continuously and diligently at the difficult task assigned to them, culminating in this proposed charter. Although there were many different views among the 15 charter members on practically every article in the proposed charter, }' the charter members were determined to work harmoniously and under the principle of democratic procedure in order to give Euless the best according to their ability. The Commission has not confined its work to its own views but has welcomed suggestions and opinions from many city officials and citizens, studied in detail a large number of charters providing for council-manager form of government and has called upon neighboring city managers and other municipal specialists for their views upon the special needs of Euless. The Commission submits herewith the results of its more than six months of effort in the form of a proposed charter for the consider- ation of the voters of Euless at a special election to be held in July of 1962. To enable the voters more easily to become familiar with the charter, a short summary and a few explanations of its principal pro- visions are hereinafter set forth. COUNCIL-MANAGER FORM OF GOVERNMENT The policy making body or over-all governing agency of the city will be the Council elected by the people. The Council will have power to pass ordinances, determine all matters of policy and appoint a City Manager. The Council will then hold the Manager responsible for the proper execution of its policies and the effective administration of the departments, agencies and services of the city. The Council may remove the Manager if he does not perform these responsibilities properly. The Council-Manager form of government makes it easier for the voters to fix responsibility for all policies and to secure efficient and economical City administration. All city officials except the City Secretary, City Attorney, and Corporation Court Judge are under the direction of the City Manager. At the same time, the Charter Commis- sion wants it understood that no form of government can be a substitute for the citizen's interest and active participation in municipal elections and government. i THE COUNCIL Under the proposed charter, the Euless City Council shall consist of a Mayor and five (5) councilmen elected by the city at large for a term of two (2) years. The Mayor and two (2) members of the Council shall be elected by popular vote each odd-numbered year, and three (3) members of the council shall be so elected each even-numbered year. The staggered terms should provide a measure of continuity and experience in city government. THE MAYOR The Mayor of the City of Euless will be elected by the people of Euless. He will be recognized as the head of the city government for ceremonial purposes, and he may participate in the discussion of all matters coming before the Council and shall have power to vote in case of a tie, but shall have no veto power. THE CITY MANAGER The charter requires that the City Manager be chosen by the Council on the basis of executive and administrative training, experi- ence, ability, and character, and without regard to political consider- ation. The City Manager is appointed by the Council for an indefinite term with the Council retaining the right to remove or suspend such manager upon 'orit vote of the Council members. majority Y As chief administrative officer of the city, the manager will appoint and remove the department heads and other officers and em- ployees except as otherwise provided in this charter. He may and probably will serve as Department Head of one or more of the various municipal departments. He will have the duty of preparing the annual budget as well as presenting periodic financial statements for the infor- mation of the Council and the public. It will be his duty to attend all Council meetings, make recommendations to the Council, and see that all ordinances are properly enforced. The enactment of the Council-Manager form of government is intended to provide the City of Euless with a full-time, experienced administrator, selected solely on the basis of his qualifications and re- moved as far as possible from politics. pTy ii THE STATUS OF PRESENT EMPLOYEES The new charter will not affect the employment of existing em- • ployees. It being the intended purpose of the Charter Commission that the basic policy of any new city manager would be to keep all the corn- petent municipal employees, not only on the grounds of ethics and good public relations, but also for efficiency and high morale in the city administration. CORPORATION COURT The charter provides that the Corporation Court Judge is to be selected by the Council. It being the feeling of the Charter Commission that this provides greater independence of the Court. PLANNING AND ZONING COMMISSION Every interest of the people of Euless related to the physical changes of the city will be protected so far as it is possible to do so by charter provision, by providing a master plan for the growth and devel- opment of the city and through the efforts of an experienced and impartial Planning and Zoning Commission. BONDS, WARRANTS, AND OTHER EVIDENCE OF INDEBTEDNESS The City of Euless shall have the power to borrow money on the credit of the City for any public and lawful purpose provided that the city adheres to the restrictions imposed by the Constitution and the Laws of the State of Texas. POWER OF TAXATION The Council shall have the power to levy for general purposes an €' ad valorem tax on real, personal, and mixed property within the City of Euless not exempt from taxation by the Constitution and Laws of the State of Texas. The power to levy such taxes shall be subject to the limits imposed by the Constitution and Laws of the State of Texas. All household furnishings and effects used by the taxpayer in his actual residence and all motor vehicles used by the taxpayer for his own per- sonal use shall be exempt from taxes by express provision of this charter. iii PUBLIC UTILITIES The City of Euless expressly reserves the power to buy, own, construct, maintain, and operate public utilities under the powers granted to municipalities by the Constitution and Laws of the State of Texas. INITIATIVE, REFERENDUM, AND RECALL This charter reserves to the citizens of Euless the power of initi- ative, referendum, and recall whereby the people can control the policies of their city government and at all times, enact or reject legislation as they see fit and remove any elected official who fails to perform his duty properly and who insists upon pursuing a policy to which a majority of the people are opposed. These progressive pro- visions, together with the power of Amendment provide a democratic and efficient governmental system for the people of the City of Euless. CHARTER ELECTION In the coming election for the ratification of the Charter the Charter Commission urges every citizen to read and study the proposed charter. The Charter is not perfect, but then neither was the United States Constitution which was amended shortly after its adoption by the first ten amendments. We commend to you this Charter. EULESS CHARTER COMMISSION { W. G. FULLER - Chairman N. W. TILLINGHAST - Vice-Chairman O. S. DOBKINS - Secretary { q • iv LETTER OF TRANSMITTAL May 7, 1962 Honorable Mayor and City Council Euless, Texas r Dear Sirs: Your Charter Commission has completed its task in preparing a Charter for the City of Euless. We believe the proposed Charter will permit the City to grow in an orderly manner, and at all times protect the Citizen's rights; with adequate safeguards as pertains to all public employees, whether elected, appointed or hired. Each Section of the twelve Articles has been voted on at least twice and these Sections, where changes were recommended and cleared rot by the City Attorney, were re-read and voted on. A quorum was present at all meetings and each Section vote was unanimous or a majority of those present. At the last meeting, the entire twelve Articles were presented and voted on. This vote was also a majority. A copy of all minutes of each meeting is on file with your City Secretary, which shows those absent, corrections requested, and the vote for or against each Section. We wish to express our thanks for the following who have given of their time and effort in helping your Commission to complete its task. City Attorney James A. Cribbs City Secretary G. D. McAdoo, Jr. Ass't. City Secretary Mrs. J. S. Thompson I Yours truly, W. G. Fuller Chairman, Charter Commission Commission Members N. W. Tillinghast, Warren Fuller Joe Umphress Vice-Chairman Ernest Millican, Jr. H. A. Simmons O. S. Dobkins, Secretary Earl L. Holcomb Henry J. Uselton, Jr. Richard E. Gregory Hershel Morgan Fred Gray Jimmy C. Payton Troy Eubanks, Jr. Woodrow Thompson v TABLE OF CONTENTS Page No. ii ARTICLE I. INCORPORATION, FORM OF GOVERNMENT AND POWERS Section 1. Incorporation 1 4 Section 2. Form of Government 1 • Section 3. General Powers of the City 1 Section 4. Streets and Public Property 2 Section 5. Street Development & Improvement 3 Section 6. Boundaries 3 Section 7. Annexation & De-annexation 3 ARTICLE II. CITY COUNCIL Section 1, Number, Selection, Term of Office and Compensation 5 Section 2. Qualifications 5 Section 3. Council to be the Judge of the Qualifications of its Own Members 6 Section 4. Vacancies 6 C ' Section 5. Powers of the Council 6 Section 6. Mayor - Mayor Pro Tern 6 Section 7. City Secretary 7 Section 8. City Attorney 7 Section 9. Meeting of the Council 8 Section 10. Rules of Procedure 8 Section 11. Procedure to Enact Legislation 8 • Section 12. Publication of Ordinances 9 Section 13. Adoption and Ratification of Existing Ordinances 9 Section 14. Code of Ordinances 9 ARTICLE III. ELECTIONS Section 1. General Elections 10 Section 2. Regulation of Elections 10 Section 3. Filing for Office 10 Section 4. Official Ballot 12 { Section 5. Conducting and Canvassing Elections 12 Section 6. Election Ties 12 Section 7. Special Elections 13 vi Table of Contents (Continued) Page No. ARTICLE IV. INITIATIVE, REFERENDUM & RECALL x Section 1. Power of Initiative 13 z Section 2. Power of Referendum 13 cl Section 3. Form of Petition 14 { Section 4. Filing, Examination and Certification of Petition 14 Section 5. Council Consideration and Submission to Voters 15 E. Section 6. Ballot Form and Results of Election 15 LI Section 7. Power of Recall 16 Section 8. Recall Election 16ii 1 Section 9. Recall Ballot 16 Section 10. Results of a Recall Election 17 R Section 11. Limitations on Recall 17 ARTICL E V. ADMINISTRATIVE ORGANIZATION I Section 1. The City Manager 17 Section 2. Powers and Duties of the City Manager 17 ) Section 3. Removal of City Manager 18 Section 4. Council Not to Interfere in City Manager's Appointments or Removals 19 Section 5. Absence of the City Manager 19 Section 6. Administrative Departments 19 Section 7. Directors of Departments 20 ARTICLE VI. CORPORATION COURT Section 1. Corporation Court 20 Section 2. Judge of the Corporation Court 20 Section 3. Clerk of the Corporation Court 20 Section 4. Procedure in the Corporation Court 20 ARTICLE VII. FINANCE Section 1. Fiscal Year 21 Section 2. Preparation and Submission of Budget 21 , Section 3. Budget a Public Record 22 Section 4. Public Hearing on Budget 22 Section 5. Proceeding on Adoption of Budget 22 Section 6. Budget, Appropriation and Amount to be Raised by Taxation 23 Section 7. Unallocated Reserve Fund 23 .; Section 8. Amending the Budget 23 f vii i i I i Table of Contents (Continued) Page No. ARTICLE VII. FINANCE (Continued) Section 9. Certification: Copies Made Available 23 ' Section 10. Defect Shall Not Invalidate the Tax Levy . . . 23 Section 11. Independent Audit 24 Section 12. Purchase Procedure 24 ARTICLE VIII. BONDS, WARRANTS AND OTHER EVIDENCE OF INDEBTEDNESS Section 1. Powers to Issue 24 Section 2. Manner of Issuance 24 Section 3. Sale of Bonds 25 Section 4. Interest and Sinking Fund 25 Section 5. Revenue Bonds 25 Section 6. Execution and Registration of Bonds 25 Section 7. Bond Register 26 E ARTICLE IX. TAXATION Section 1. Powers of Taxation. 26 Section 2. Assessment of Property for Tax Purposes . . . 26 Section 3. Exempt Property 27 li Section 4. Unrendered Property 27 Section 5. Payment of Taxes 27 Section 6. Delinquent Taxes 27 Section 7. Tax Lien and Liability 28 Section 8. Joint Interest in Property 28 Section 9. Board of Equalization 29 Section 10. Appeals to Board of Equalization 29 F ARTICLE X. PLANNING & ZONING Section 1. The Planning & Zoning Commission 30 Section 2. Planning & Zoning Commission Powers and Duties 30 Section 3. The Master Plan 31 Section 4. Legal Effect of the Master Plan 31 f i viii Table of Contents (Concluded) Page No. ARTICLE XI. FRANCHISES AND PUBLIC UTILITIES Section 1. Powers of the City 32 ' Section 2. Inalienability of Control of Public Property . . 32 Section 3. Ordinance Granting Franchises 32 Section 4. Transfer of Franchise 32 Section 5. Franchise Value Not to be Allowed 33 Section 6. Regulation of Rates 33 Section 7. Consent of Property Owners 33 ,u Section 8. Extensions 34 Section 9. Temporary Permits 34 Section 10. Other Conditions 34 Section 11. Franchise Records 35 Section 12. Accounts of Municipally Owned Utilities . . . 35 4 ARTICLE XII. GENERAL PROVISIONS ` 0 Section 1. Public Records of the City 35 k vi Section 2. Personal Interest in City Contracts 36 Section 3. Nepotism 36 r v Section 4. Officers Not to be Interested in Franchises: Forfeiture of Office 36 Section 5. Mechanic, Material or Labor Claim 36 t Section 6. Notice of Claim 37 , F, Section 7. Assignment, Execution and Garnishment 37 Section 8. Bonds of Contractors 37 t Section 9. Condemnation of Dangerous Structures 38 Section 10. Building Permits 38 11 Section 11. Pools, Ponds and Lakes 38 rril Section 12. Bonds of City Officials, Employee, or Department Director 38 Section 13. Amendment of the Charter 391,1 t Section 14. Separability Clause 39 Section 15. Construction of the Charter 39 Section 16. Construction of Power 39 Section 17. Effective Date of Charter 39 ` Section 18. Rearrangement and Renumbering 40 ki 1.4 Fl ix 1 HOME RULE CHARTER - CITY OF EULESS, TEXAS ARTICLE I. i Incorporation, Form of Government and Powers . 1}- Section 1. Incorporation. i' The inhabitants of the City of Euless in Tarrant County, Texas, A within the corporate limits as now established, or hereafter established k j in the manner prescribed by this Charter, shall be and shall continue y to be a municipal body politic and corporate in perpetuity under the h name of the "City of Euless". ;gi 1n t Section 2. Form of Government. t:; The municipal government provided by this Charter shall be known as the "Council-Manager government. Pursuant to its provisions and subject only to the limitations imposed by the State Constitution, by the statutory laws of Texas, and by this Charter, all powers of the City shall be vested in an elective Council, hereinafter referred to as the "Council", which shall enact local legislation, adopt budgets, determine policies, appoint the City Secretary, City Attorney and Judge of the Corporation Court, and the Council shall also appoint the City Manager, who shall execute the laws and administer the government of the City. Section 3. General Powers of the City. The City of Euless shall have all powers granted to municipalities by the Constitution and laws of the State of Texas, together with all of the implied powers necessary to carry into execution such granted powers. The City may use a corporate seal; may sue and be sued; may contract and be contracted with; may cooperate with the government of the State of Texas or any agency or any political sub-division 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 inhabi- tants; may acquire property within or without its corporate limits for any municipal purpose in fee simple, or in any lesser interest or estate, by purchase, gift, devise, lease or condemnation, and, subject to the f. provisions of this Charter, may sell, lease, mortgage, hold, manage, s improve and control such property as may now or hereafter be owned 1. is by it; provided however, the City shall not sell, convey, mortgage or otherwise alienate any public utility without prior approval of the qualified voters of the City; may exercise the power of eminent domain where necessary or desirable to carry out any of the powers conferred upon it by this Charter, or by the Constitution and laws of the State of Texas; may pass ordinances and enact such. regulations as may be expedient for the maintenance of the good government, order, and peace of the City and the welfare, health, morals, comfort, safety and con- venience of its inhabitants. The powers hereby conferred upon the City shall include, but are not restricted to, the powers conferred expressly and permissively by Chapter 147, Page 307, of the Acts of the 33rd Legislature, Regular Session, enacted in 1913 pursuant to the Home Rule Amendment of the Constitution of Texas, known as the Enabling Act and including Articles 1175, 1176, 1177, 1178, 1179, 1180, of the Revised Civil Statutes of Texas, 1925, as now or hereafter amended, all of which are hereby adopted. In addition to the powers enumerated herein, and subject only to the limitations imposed by the State Constitution, the State laws, and this Charter, the City shall have, without the necessity of express enumeration in this Charter, each and every power which, by virtue of Article XI, Section V, of the Constitution of Texas, the people of the City are empowered by election to grant to or confer upon the City by expressly and specifically granting and enumerating the I same herein. All such powers, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this Charter; or 11 when not prescribed herein, in such manner as shall be provided by ordinance of the Council. Section 4. Streets and Public Property. The City shall have exclusive dominion, control and jurisdiction in, upon, over and under the public streets, sidewalks, alleys, high- ways, 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, pub- lic 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 regulate the use thereof; and to abate and remove in a summary manner any encroachment there on. 2. Section 5. Street Development & Improvement. The City shall have the power to develop and improve, or cause to be developed and improved, any and all public streets, sidewalks, alleys, highways, and other public ways within the corporate limits of 4X the City by laying out, opening, narrowing, widening, straightening, extending, lighting and establishing building lines along the same; by purchasing, condemning, and taking property therefor; by filling, grading, raising, lowering, paving, repaving, and repairing, in a per- manent manner, the same; and by constructing; reconstructing, altering, repairing, and realigning curbs, gutters, drains, sidewalks, culverts, and other appurtenances and incidentals in connection with such develop- ment and improvement authorized hereinabove, or any combination or parts thereof. The cost of such development and improvement may be paid partly or entirely by assessments levied as a lien against the property abutting thereon and against the owners thereof, and such assessments may be levied in any amounts and under any procedure not prohibited by State Law; provided, that ,no assessment shall be made against such land or owners in excess of the enhancement in value of such property occasioned by such improvement. As an alternate and cumulative method of developing, improving, and paving any and all public streets, sidewalks, alleys, highways, and other public ways within its corporate limits, the City shall have the power and authority to proceed in accordance with Chapter 106, Page 489, Acts 1927, Fortieth Legislature, First Called Session, as now or hereafter amended, the same being Article 1105b of the Revised Civil Statutes of Texas, 1925. Section 6. Boundaries. The boundaries and limits of the City of Euless, until changed in the manner herein provided, shall be the same as have heretofore been established and as exist on the date of the adoption of this Charter, which boundaries are more fully set out and described by metes and bounds in a book called Official Record Describing the Metes and Bounds of the City of Euless, which is now and shall hereafter be in the office of the City Secretary of the City of Euless. Section 7. Annexation and Deannexation. Extension of CityLimits byPetition - Whenever a majority of the tens J legally qualified property tax-paying voters who are citizens of the State of Texas and inhabitants of any territory adjoining the City of Euless, as said territory may be designated by the Council, or in case there are 3. I no qualified voters in said territory, then when persons owning a ma- jority of the land in area in said territory, desire the annexation of such territory to the City of Euless, they may present a written petition to that effect to the Council and shall attach to said petition an affidavit of one or more of their number to the effect that said petition is signed by { a majority of such qualified voters, or in the case there are no qualified voters said affidavit shall be to the effect that there are no qualified voters in said territory and that the persons signing the petition own a majority of the land in said territory; and thereupon the Council at regular session or in special session held not sooner than thirty (30) days after the presentation of said petition may by ordinance annex such territory to the City of Euless and thenceforth the said territory shall be a part of the City of Euless and the inhabitants thereof shall be entitled to all the rights and privileges of other citizens and shall be bound by the acts, ordinances, resolutions, and regulations of said City. Extension of City Limits by Ordinance - a second method of ex- tending the corporate limits of the City of Euless shall be that the i 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 territory annexed. Upon the introduction of such an ordinance in the Council, it shall be published in the official newspaper of the City one time, and shall not thereafter be finally acted upon until at least thirty (30) days have elapsed after the first publication thereof. However, amendments not enlarging or not extending the boundary limits set forth if the published ordinance may be incorporated into the proposed ordinance without the necessity of republication of said ordinance as amended. Any citizen of the City of Euless or of the territory to be annexed shall have the right to contest said annexation by filing with the Council a written petition setting out { reasons for said contest, and after such citizens shall have been given an opportunity to be heard, said ordinance, -in original or amended form, as the Council in its judgment may determine, shall be finally passed, and the territory so annexed shall be a part of the City of Euless, and the inhabitants thereof shall be entitled to all rights and privileges of other citizens and shall be bound to the acts, ordinances, resolutions, and regulations of the City of Euless. Deannexation - 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 4. f4' Ip ordinance shall specify accurately the metes and bounds of the territory sought to be eliminated from the City and shall contain a plat designat- ing such territory so that the same can be definitely ascertained; and when said ordinance has been duly passed the same shall be entered up- on 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 in- curred while said area was a part of said City, and the City shall con- tinue to levy, assess and collect taxes on the property within said territory to pay the indebtedness incurred while said area was a part of the City as though the same had not been excluded from the boundaries of the City. Provided however that in the event such deannexation shall be initiated unilaterally by the City without application of the residents residing within such area to be deannexed or the owners thereof, then in such event the City shall not continue to levy, assess and collect taxes on such deannexed area as herein provided. ARTICLE II, City Council Section 1. Number, Selection, Term of Office and Compensation. The governing and law making body of the City of Euless shall con- sist of a Mayor and five (5) Councilmen, and said body shall be known as the "City Council of the City of Euless. " The members of the City Council of the City of Euless shall be the only elective officers of the City and shall be elected from the City at large in the manner provided in Article III, .for a term of two (2) years, or until their successors are duly elected and qualified. The Mayor and two (2) members of the Council shall be elected by popular vote each odd numbered year and three (3) members of the Council shall be so elected each even numbered year. Said Mayor and Councilmen shall draw no compensation as such for their duties, but shall be reimbursed for any lawful expendi- tures ! ' made in behalf of the City or expenses incurred in the performance of their office duties, when approved by the Council. Section 2. Qualifications. Each of the five Councilmen and Mayor shall be a citizen of the United States of America and a qualified voter of the State of Texas; shall be a real property owner within the Corporate Limits of the City {- of Euless; shall have resided for at least two (2) years next preceding 1 j 5. i i 1 A the election at which they are candidates within the corporate limits of the City of Euless, and shall not be in arrears in the payment of any taxes or other liability due the City nor be disqualified by reason of any provision of any other section of this Charter. A member of the Council ceasing to possess any of the qualifi- cations specified in this section or any other section of this Charter, or convicted of a felony while in office, shall immediately forfeit his office. No member of the Council shall hold any other public office except that of Notary Public or member of the National Guard or naval or military reserve or a retired member of the Armed Forces. Section 3. Council To Be the Judge of The Qualifications of Its Own Members. The City Council shall be the judge of the election and qualifica- tions of its own members and of the Mayor, and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the Council shall, as soon as practicable after a regular or special election, either at a called meeting of said Council, called for that purpose, or at the next regular meeting, but in any event within forty-eight (48) hours after the closing of the polls, canvass the returns and declare the results of such election. I' Section 4. Vacancies. In the event a vacancy occurs in the office of Mayor or Council- man 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 term thereof, provided however, if such vacancy occurs within ninety (90) days prior to a general City election then no special election shall be held. Section 5. Powers of the Council. All powers and authority which are expressly or explicitly con- ferred 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. 71 Section 6. Mayor-Mayor Pro Tem. The Mayor of the City of Euless shall preside over the meetings il 6. , of the City Council and perform such other duties consistent with the office as may be imposed upon him by this Charter and the ordinances and resolutions passed in pursuance hereof. He may participate in the - discussion of all matters coming before the Council and shall be entitled to vote in case of a tie, but shall have no veto power. He shall sign all contracts and conveyances made or entered into by the City and all bonds issued under the provisions of this Charter, and shall be the chief executive officer of the City. 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 emergency, the Mayor may with the consent of the Council take command of the police and govern the City by proclamation and maintain order and enforce all laws. The Mayor Pro Tem shall be selected from among the members of the five (5) Councilmen; 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 perform all the Mayor's duties. i Section 7. City Secretary. r The City Council shall appoint an officer of the City, who shall have the title of City Secretary and who shall give notice of the Council meetings, shall keep minutes of its proceedings, shall authenticate by I 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 may be legally authorized to do and shall perform such other duties as shall be required by this Charter or by the City t Council. ` ht Section 8. City Attorney. ti The City Council shall appoint a City Attorney who shall be a competent attorney, duly licensed and admitted to the practice of law by the State of Texas. The City Attorney shall be legal advisor of and attorney for all officers of the City and shall represent the City in all litigation and legal proceedings. He shall approve every ordinance before it is acted upon by the Council. [" i:i 1;1 y 7. J t i I l; Section 9. Meeting of the Council. The City Council shall hold at least two (2) regular meetings in r 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 citizens. 1 t _'< Section 10. Rules of Procedure. t The City Council shall determine its own rules of procedure and order of business and may compel the attendance of its members. Four t (4) members of the City Council shall constitute a quorum to do business, and the affirmative 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 meetings of the City Council shall be ''. open to the public, and minutes of all proceedings shall be kept; to il 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 II ' passage of all ordinances and resolutions shall be taken by ayes and l nays and entered upon the minutes, and every ordinance or resolution, 1i. upon its final passage, shall be recorded in a book kept for that 1 l pur- pose and shall be authenticated by the signature of the presiding officer {' ' and the City Secretary. 1ii Section 11. Procedure to Enact Legislation. i , 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 Tern and shall be filed with and recorded by the City Secretary. All ordinances enacted by the Council shall be read in open meeting of the Council and at two (2) regular Council meetings, provided that the second reading required herein shall be sufficient if the descriptive caption of such proposed ordinance be read. All ordinances, unless otherwise provided-by law or by the terms of such ordinance, shall take effect immediately upon final reading thereof. The requirement for reading ordinances at two (2) regular Council meetings may be dispensed with where an ordinance [_ relating to the immediate preservation of public peace, health or y i 8. safety is adopted as an emergency measure by the favorable vote of four (4) or more of the Councilmen and such emergency ordinance shall take effect immediately upon its adoption and execution without a second reading. Section 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 impos- ing any penalty, fine or forfeiture for any violation of any of its pro- visions, and of every other ordinance required by law, or this Charter, to the public, by causing the said ordinance, or its caption and penalty, to be published at least two (2) times after final passage thereof in the official newspaper of the City. The affidavit of such publication by the publisher of such newspaper, taken before any officer authorized to administer oaths, and filed with the City Secretary shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. Such ordinance shall take effect after the date of final publica- tion, 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. Section 13. Adoption and Ratification of Existing Ordinances. All ordinances of the City of Euless adopted subsequent to the adoption of this Charter and not inconsistent with the provisions of this Charter shall remain in full force and effect until altered, amended or repealed by the City Council. Section 14. Code of Ordinances. The City Council, as soon as practicable after the adoption of this Charter, shall cause to be codified and properly entered and published in pamphlet form for public distribution or for anyone desiring same, the ordinances of the City of Euless, and shall annually thereafter re- vise and keep the same up-to-date. 9. 1 ARTICLE III. Elections Section 1. General Elections. IThe regular City Election shall be held annually on the first Tuesday t in April, at which time officers will be elected to fill those offices which become vacant that year. The City Council shall fix the hours ) and place for holding such elections. Section 2. Regulation of Elections. The Council shall make all regulations considered to be necessary or desirable which are not inconsistent with this Charter or the laws of the State of Texas, for the conduct of municipal elections, or for the prevention of fraud, and shall made provisions for re-count of the ballots in case of doubt or fraud. The Council will appoint election I' officials who will conduct the municipal elections consistent with this Charter, regulations made by the Council and the laws of the State of Texas. The Council shall provide for the compensation of all election officials in City elections and for all other expenses of holding such elections. i I' Section 3. Filing for Office. ! Any qualified person who desires to become a candidate for election to the office of Mayor or City Councilman shall file with the City Secretary, at least thirty (30) days prior to the election date, an appli- cation in substantially the following form: "I, , do hereby declare that I am a 1 candidate for the office of , and request that my name be printed upon the official ballot for that particular office in the next City election. "I am years of age, a property owner within the Corporate limits of the City of Euless, a qualified voter of the City of Euless, a resident of the United States, and have been a resident of the City of Euless for at least two (2) years. I am not in arrears in the payment of any taxes or other liability due the City. At present, I reside at Street in the City of Euless, Texas. " i (Signature of Candidate) 10. ) x j 'f 0 Received by: Date & Hour of Filing gl il THE STATE OF TEXAS I COUNTY OF TARRANT .X 1E BEFORE ME, the undersigned authority, on this day personally 'j appeared , known to me to be the person whose name is 49 subscribed to the foregoing Application, and who acknowledged to me that the same was executed for the purpose and considerations therein 1 '1 expressed, and declares under oath that the same is true and correct. ' j GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 19 , !'I [ Notary Public in and for Tarrant County, Texas '' I LOYALTY AFFIDAVIT I, , of the City of Euless, County of Tarrant, State of Texas, being a candidate for the office of Councilman, or Mayor, do solemnly swear that I believe in and approve of our present representative form of government, and if elected, I will support and defend our representative form of government and shall resist any i 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. ) ! ; I SUBSCRIBED AND SWORN TO BEFORE ME at Tarrant County, Texas, this the day of , 1962. I 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 ad- minister oaths. The official ballot shall be printed not less than twenty- i one (21) days before the date of the election. i I 1 1 I 1 1 11. I 1 ' I A 1 Section 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 candi- a dates for office, except those who may have been withdrawn, deceased or become ineligible. Names will be placed on the ballot without party designation and position on the ballot will be determined by draw- u ing, by the City Secretary. i Section 5. Conducting and Canvassing Elections. IThe returns of every municipal election shall be delivered forth- with by the election judges to the City Secretary. The Council shall aI 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 re- corded in the minutes of the Council. The candidate for Mayor who receives the highest number of ballot votes, by qualified electors voting at the election, shall be declared elected. The candidates for election ° to the places of Councilmen, equal in number to the number of vacancies to be filled, who receive the highest number of ballot votes cast by qualified voters voting at the election, shall be declared elected. The City Council shall be the judge of the election and qualifications of its own members and of the Mayor, but the decisions of the Council in any case shall be subject to review by the Courts. Section 6. Election Tie. In the event there be an equal number of votes given to two (2) or Imore persons for the same 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 run- off 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. iit I 112. p i Section 7. Special Elections. The Council may by ordinance or resolution call such special 4 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 4 and held as nearly as practicable according to the provisions of the general election laws of the State of Texas. ARTICLE IV. Initiative, Referendum and Recall Section 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 pro- pose any ordinance not in conflict with this Charter, the State Constitution, or the State laws, except an ordinance appropriating money or authorizing the levy of taxes or an ordinance repealing an ordinance appropriating money or levying taxes. Any initiated ordi- nance 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 per cent (30%) of the number of votes cast at the last regular municipal election of the City, or such petition must be signed by 150 qualified voters, whichever is greater. Section 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 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 Councilmen required by this Charter to enact emergency legislation. Prior to the effective date of any ordi- nance which is subject to referendum, a petition signed by qualified voters of the City, equal in number to at least thirty per cent (30%) of the number of votes cast at the last regular municipal election of the City, or signed by 150 qualified voters, whichever is greater, may be filed with the City Secretary requesting that any such ordinance be either repealed or submitted to a vote of the people. When such a petition has been certified as sufficient by the City Secretary, the ordinance specified 13. )`' )' in the petition shall not go into effect, or further action thereunder shalt 4 be suspended if it shall have gone into effect, until and unless it is ,' approved by the voters as herein provided. 5 , 1" Section 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. 1' The signatures to the initiative or referendum need not be all appended = to one paper, but each signer shall sign his name in ink or indelible pencil and shall add his signature his place of residence by street and number. One of the signers of each separate petition shall make an affidavit that he, and he only, personally circulated such petition and that signature appended thereto was made in his 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. Section 4. Filing, Examination and Certification of Petition. Within ten (10) days after an initiative or referendum petition is ;i filed, the City Secretary shall determine whether the same is signed by the requisite number of qualified voters. The City Secretary shall '' declare void any petition paper which does not have an affidavit attached 'i' thereto as required by Section 3 of this Article. In examining the I, petitions, the City Secretary shall write the letters "D. V. " in red ink I opposite the names of signers found not qualified to vote. After com- I pleting examination of the petition, the City Secretary shall certify the results thereof to the Council at its next regular meeting, stating the 1 number of persons found on the petition who are qualified to vote and the number of persons found on the petition who are not qualified to vote. If the certificate of the City Secretary shall show an initiative or referendum petition to be insufficient, the City Secretary shall notify the person filing the petition, and it may be amended within ten (10) I days from the date of such notice by filing a supplementary petition up- on additional papers signed and filed as provided for in the original petition. Within ten (10) days after such amendment is filed, the City Secretary shall examine the amended petition and certify as to its sufficiency. If the amended petition is found to be insufficient, the City Secretary shall return the petition to the person filing same, without prejudice to the filing of a new petition for the same purpose; provided however, that upon finding the amended petition 't'o 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. I f t 14. f Section 5. Council Consideration and Submission to Voters. When the Council receives an authorized initiative petition certi- fied by the City Secretary to be sufficient, the Council shall either: a) Pass the initiated ordinance without amendment within thirty (30) days after the date. of the certification to the Council; or b) Submit said initiated ordinance without amendment to a vote of the qualified voters of the City at a regular or special election to be held within ninety (90) days 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 amendment, and an alternative ordinance on the same subject proposed by the Council. When the Council receives an authorized referendum petition certified by the City Secretary to be sufficient, the Council shall re- consider 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 from the date of such election. Section 6. Ballot Form and Results of Election. The ballot used in voting upon an initiated or referred ordinance shall state the caption of the ordinance and below the caption shall set forth on separate lines the words, "For the Ordinance" and "Against the Ordinance". An initiated ordinance and an alternative ordinance proposed by the Council which are submitted at the same election shall be appropri- ately identified as the initiated or referred ordinance and as the ordi- nance proposed by the Council. Any number of ordinances may be voted upon at the same election in accordance with the provisions of this Article. An ordinance sub- mitted and receiving an affirmative majority of the votes cast, shall thereupon be effective as an ordinance of the City. An ordinance so 15. ( 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 majority of the votes cast shall be deemed thereupon repealed. Section 7. Power of Recall. 1 The people of the City reserve the power to recall any member of the Council and may exercise such power by filing with the City Secretary F;' a petition, signed by qualified voters of the City equal in number to at t s least thirty (30%) per cent of the number of votes cast at the last regular municipal election of the City, or by 150 qualified voters, whichever is f greater, demanding the removal 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 removal is sought, and one of the signers of each petition paper shall make an affidavit that the statements therein made are true. i'' Section 8. Recall Election. (1 Within fifteen (15) days after the date of the filing of the papers constituting the recall petition, the person performing the duties of t,i City Secretary shall present such petition to the Council. � The officer whose removal is sought may, after such recall peti- Int' tion has been presented to the Council, request in writing to the Council 111 at next regular meeting that a public hearing be held to permit him to 'I'' present facts pertinent to the charges specified in the recall petition. 11 In this event, the Council shall order such public hearing to be held, I ,,, not less than five (5) days nor more than fifteen (15) days after receiving such request for a public hearing. j, 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. I 1'- Section 9. Recall Ballot. Ballots used at recall elections shall conform to the following re- quirements: I' !, ,t. 16. a) With respect to each person whose removal is sought the question shall be submitted "Shall (Name of Councilman) be removed from the office of City Councilman?" b) Immediately below each such question there shall be printed the two following propositions, one above the other, in the order indicated: "For the recall of (Name of Councilman) " "Against the recall of (Name of Councilman) " Section 10. Results of a Recall Election. If a majority of the votes cast at a recall election shall be against removal of the Councilman named on the ballot, he shall continue in office. If a majority of the votes cast at such election be for the re- moval of the Councilman named on the ballot, the Council shall imme- diately 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 removed shall not be a candidate to I' succeed himself in an election called to fill the vacancy thereby created. V'a Section 11. Limitations on Recall. No recall petition shall be filed against any officer of the City within three (3) months after his election, or within three (3) months after an election for such officer's recall. ARTICLE V. f Administrative Organization Section 1. The City Manager. The Council shall appoint a City Manager for an indefinite term, who shall be the chief administrative officer of the City. He shall be chosen by the Council solely on the basis of his executive and admini- strative 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 member of the Council shall, during the term for which elected, be chosen as City Manager. The City Manager shall 17. '-I receive such compensation as may be fixed by the Council. Section 2. Powers and Duties of the City Manager. The City Manager shall be responsible to the Council for the Iproper administration of all the affairs of the City. The powers herein , conferred upon the City Manager shall include, but shall not be limited i" t by, the following: ( 1) Appoint, and when necessary for the welfare of the City, remove any officer or employee of the City, except as otherwise provided by this Charter and except as he may authorize the head !' j of a department to appoint and remove subordinates in such i department; ,) i 2) Prepare and submit to the Council an annual budget and �44 be responsible for its administration after adoption; 1 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; 1, 4) Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him desirable; 1;' 5) Perform such other duties as may be prescribed by this II Charter or required of him by the Council, not inconsistent with this Charter. II' +; 6) Attend all meetings 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. Section 3. Removal of City Manager. The Council may remove the City Manager, upon the affirmative vote of a majority of full membership of the Council. If removed after serving three (3) months, he may demand written charges and the right to be heard thereon at a public meeting of the Council prior to the date on which his final removal shall take effect; but pending such hearing the Council may suspend him from office. The action of the Council in suspending or removing the City Manager shall be final, it being the intention of the Charter to vest all authority and fix all responsibility s 18. i'. for such suspension or removal in the Council. Section 4. Council Not to Interfere in City Manager's Appointments or1111 Removals. Neither the Council nor any of its members shall direct or request the appointment of any person to or his removal from office by the City Manager or by any of his subordinates. However, the Council may con- sult and advise the City Manager, make inquiry regarding the appoint- ments or removals and may express their opinion in regard thereto. In regard to administrative and executive duties under the City Manager, the Council and its members shall deal solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinate of the City Manager, either privately or publicly. Wilfull violation of the foregoing provisions of this Charter by any member of III the Council shall constitute official misconduct and shall authorize the Council by a vote of a majority of its membership to expel such offend- ing member from the Council if found guilty after a public hearing, and thereby create a vacancy in the place held by such member. IIII Section 5. Absence of the City Manager. To perform his duties during his temporary absence or disability, ;' the City Manager, by letter filed with the City Secretary, may designate a qualified administrative officer of the City. In the event of failure of the City Manager to make such designation, the Council may, by reso- ! l lution, appoint an officer of the City to perform the duties of the City Manager until he shall return or his disability shall cease. In case of disability or illness exceeding thirty (30) days, where his duties could III not be performed properly, his salary should be continued at the dis- cretion of the Council. EI' Section 6. Administrative Departments. There shall be such administrative departments as are established by this Charter and such other administrative departments as may be deemed necessary by the Council and as are established by ordinance, all of which shall be under the control and direction of the City Manager. The Council may abolish or combine one or more departments created by it and may assign or transfer duties of any departments of the City from one department to another by ordinance. 19. Section 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 de- = ` partments and may serve as chiefs of divisions within their respective departments. Two or more departments may be headed by the same individual, and the City Manager may head one or more departments. ARTICLE VI, !1 I Corporation Court Section I. Corporation Court. There shall be a court known as The Corporation 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. Section 2. Judge of the Corporation Court. The Corporation Court shall be presided over by a Magistrate who shall be known as the City Judge and shall be a resident of Euless, l,F. Texas. He shall be appointed by the Mayor and approved by the Council, and shall serve at the pleasure of the Council. He shall receive such compensation as may be set by the Council. In the event the City Judge is unable to act for any reason or in the event of a vacancy, the Mayor {jlr; shall act in place of the City Judge until such vacancy shall be filled. Section 3. Clerk of the Corporation Court. There shall be a Clerk of the Corporation 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 certifi- cates, 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 Corporation 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 Corporation Court. 20. ''III Section 4. Procedure in the Corporation Court. Ali All complaints, prosecutions, the service of process, commit- , ment of those convicted of offenses, •the collection and payment of fines, the attendance and service of witnesses and juries, punishment for con- tempt, bail and the taking of bonds shall be governed by the provisions of Title 2 of the Code of Criminal Procedure of the State of Texas applicable to Corporation Courts. 11_ II,;; ARTICLE VII, 1H Finance Section 1. Fiscal Year. I` • The fiscal year of the City of Euless shall begin on October 1st of ;I each calendar year and will end on September 30th of the following calendar year. The fiscal year will also be established as the account- ing and budget year. All funds collected by the City during any fiscal year, including both current and delinquent revenue shall belong to such fiscal year and, except funds derived to pay interest and create a sinking fund on the bonded indebtedness of the City, may be applied to the payment of the expenses incurred during such fiscal year. Any revenues uncollected at the end of any fiscal year, and any unencumbered funds actually on hand, shall become resources of the next succeeding fiscal year. Section 2. Preparation and Submission of Budget. jl The City Manager, prior to August 1 of each year, shall prepare and submit the budget, covering the next fiscal year, to the Council, which shall contain the following information. In preparing the budget, each employee, officer, board and department shall assist the City Manager by furnishing all necessary information. 1) The City Manager's budget message shall outline the pro- posed financial policies for the next fiscal year with explanations of any change from previous years in expenditures and any major changes of policy and a complete statement regarding the financial conditions of the City. 2) An estimate of all revenue from taxes and other sources, including the present/tax structure rates and property evaluation 21. g 1 1 ,, # for the ensuing year. 3) A carefully itemized list of proposed expenses by office, i department, agency, employee and project for the budget year, as compared to actual expenses of the last ended fiscal year, and the present year-to-date. 4) A description of all outstanding bond indebtedness, show- ing amount, purchaser, date of issue, rate of interest, and $ maturity date, as well as any other indebtedness which the City 1 had incurred and which has not been paid. ir 5) A statement proposing any capital expenditures deemed necessary for undertaking during the next budget year and recommended provisions for financing. 6) A list of capital projects which should be undertaking ,_;; within the five (5) next succeeding years. Section 3. Budget a Public Record. The budget and all supporting schedules shall be filed with the q ' City Secretary when submitted to the Council and shall be open to public 1' �� inspection by anyone interested. ix e ai) Section 4. Public Hearing on Budget. a1, At the Council meeting at which time 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 time 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 may express their opinions concerning items of expenditure, giving j their reasons for wishing to increase or decrease any items of expense. I 'r V. Section 5. Proceeding on Adoption of Budget. After public hearing, the Council shall analyze the budget, making any additions or deletions which they feel appropriate, and shall, at least ten (10) days prior to the beginning of the next fiscal year, adopt the budget by a favorable majority vote of all members of the Council. 1' P I !. 22. t=I I • Section 6. Budget, Appropriation and Amount to be Raised by Taxation. On final adoption, the budget shall be in effect for the budget year. Final adoption of the budget by the Council shall constitute the official appropriations as proposed expenditures for the current year and shall constitute the basis of the official levy of the property tax as the amount of tax to be assessed and collected for the corresponding tax year. Estimated expenditures will in no case exceed proposed revenue plus cash on hand. Unused appropriations may be transferred to any item required for the same general purpose. Section 7. Unallocated Reserve Fund. The City Manager may recommend for action by the Council, an unallocated reserve fund to be used for unexpected items of expense which were not contained as original items of expenditures. Section 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 I' amendments shall be by ordinance, and shall become an attachment to the original budget. Section 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 reproduced and sufficient copies shall be made available for the use of all offices, agencies and for the use of interested persons and civic organizations. Section 10. Defect Shall Not Invalidate the Tax Levy. Errors or defects in the form or preparation of the budget or the failure to perform any procedural requirements shall not nullify the tax levy or the tax rate. 23. Section 11. Independent Audit. • At the close of each fiscal year, and at such other times as it•may be deemed necessary, the Council shall cause an independent audit to be made of all accounts of the City by a Certified Public Accountant. The Certified Public Accountant shall have no personal interest, directly or indirectly, in the financial affairs of the City or any of its officers. Up- on completion of the audit, the results thereof shall be published forth- with in the official newspaper of the City of Euless and copies placed on file in the City Secretary's office for public record. Section 12. Purchase Procedure. Before any purchases or contracts are made by the City of Euless for supplies, materials or equipment the City Manager or his authorized agent shall give ample opportunity for competitive bidding under such rules and regulations and with such exceptions, as the City Council may prescribe, or as provided by law, provided however, that the Council shall not except individual contracts, purchases or sales in the amount of $2, 000. 00 from the requirements of competitive bidding. t� ARTICLE VIII. Bonds, Warrants and Other Evidence of Indebtedness Section 1. Powers to Issue. In keeping with the Constitution of the State of Texas and not con- ;• .,i trary thereto, the City of Euless shall have the power to borrow money �r. 1' 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 re- funding bonds, time warrants and other evidence of indebtedness as now authorized or as may hereafter be authorized to be issued by cities and towns by the laws of the State of Texas. £ r Section 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. i 24. • Section 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 "I shall have the right to reject any or all bids. Section 4. Interest and Sinking Fund, It shall be the duty of the Council to levy an annual tax sufficient to pay the interest on and provide the necessary sinking fund required by law on all outstanding general obligation bonds of the City. The interest and sinking fund shall be deposited in a separate account and shall not be diverted to or used for any other purpose than to pay the interest and principal on all such bonds issued by the City of Euless. The sinking fund maintained for the redemption of any debt may be in- vested in any interest bearing bonds of the United States Government, and/or secured bonds of the State of Texas as may be provided by the laws of this State. Investment of all sinking funds for interest shall mature at least fifteen (15) days prior to the date of payment due on bonds issued by the City of Euless. The Council may also invest City monies in any state or national chartered bank on time deposit interest. Section 5. Revenue Bonds. The City shall have power to borrow money for the purpose of constructing, purchasing, improving, extending, or repairing of public utilities, recreational facilities or facilities for any other self-liqui- dating municipal function not now or hereafter prohibited by an general laws of the State, and to issue revenue bonds to evidence the obligation created thereby. Such bonds shall be a charge upon and payable solely from the properties, or interest therein, acquired and the income therefrom, and shall never be a debt of the City. Revenue bonds issued by the City may, within discretion of the City Council, be submitted for approval by a majority of qualified voters, voting at an election held for such purpose. The Council shall have authority to provide for the terms and force of any purchase agreement, contract, mortgage, bond or document desired or necessary for the issuance of revenue bonds and the acquisition and operation of any such property or interest. Section 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 25. f t 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 r Mayor, when such bonds are issued, to forward the same to the Attorney General of the State of Texas for approval and for registration 1. by the Comptroller of Public Accounts. ) t ' 1 Section 7. Bond Register. 4 4 x The director of Finance or other officer of the City designated by 1 the City shall keep, or cause to be kept, for and on behalf of the City a s complete 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 t surrendered and all other transactions of the Council having reference to the refunding of the indebtedness of said City. When bonds or their ,4' 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. o ik` ARTICLE IX. 11 / Taxation rb Section 1. Powers of Taxation. 1 ' The Council shall have power to levy, for general purposes, an i r ad valorem tax on real, personal, and mixed property within the terri- tory of the City of Euless, not exempt from taxation by the Constitution 0 0 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 rx; Texas to cities of over 5, 000 population. The Council may levy taxes on all property, privileges and franchises of every kind and description within the City limits or having ' its situs therein on January first of each year, and from any other local source, and provide for rendition thereof, the place, time and manner of payment thereof, with penalties, as the Council may deem best, not in violation of the laws of this State. Section 2. Assessment of Property for Tax Purposes. I `s Every person, partnership, association or corporation holding, owning or controlling property within the limits of the City shall, between 1 3 26. January 1st and April 30th of each year, file with the tax Assessor and Collector a full and complete sworn inventory rendition of such property held, owned or controlled within the said City limits on January 1st of each year. The Council may prescribe by ordinance the mode and manner of making such inventories and penalty for failing or refusing to submit the same. The City Tax Assessor and Collector shall review all renditions made to him and determine the value of the property rendered and fix the value thereof for tax purposes. If the Assessor fixes a value higher than that shown on the owner's last tax statement, he shall give written notice thereof to such owner at his last-known address by depositing the same, postage paid, in the U. S. Mail, notify- ing him of such change and advising him that he may appear before the Board of Equalization to protest such change. Section 3. Exempt Property. All household furnishings and effects used by the taxpayer in his actual residence and all motor vehicles used by the taxpayer for his own personal use shall be exempt from taxes. Section 4. Unrendered Property. The Assessor and Collector of Taxes shall assess all property which for any cause has not been rendered, placing such valuation thereon as he may deem just. If the owners of such property are un- known, such assessment may be made in the name, "Unknown". Section 5. Payment of Taxes. The taxes herein and hereby authorized to be levied shall become due and payable October 1st of the year assessed, and same shall be payable in cash at the office of the Assessor and Collector of Taxes or such other officer as the City may, by ordinance, prescribe. Section 6. Delinquent Taxes. Taxes shall be deemed and become delinquent if not paid prior to February 1st the year following assessment, and such delinquent taxes shall be si4bject to penalty at the rate of one percent (1%) per month through June 30th, and on and after the first day of July it shall be eight percent (8%) of the taxes due, which 8% shall be the maximum penalty for delinquency. 27. In addition to the penalty therein prescribed, such delinquent taxes shall bear interest at the rate of one-half percent (1/2%) per month for each month of delinquency up to a maximum penalty interest rate of six percent (6%) per annum from the original delinquent date. In addition to the penalty interest herein prescribed, such delinquent taxpayer shall E{ be subject to the payment of all cost and expenses incurred in the adver- tisement of such delinquent property and the collection of such taxes through any method provided by this Charter and/or the laws of the State of Texas. Such penalties and interest shall be an obligation of the tax- payer and be secured by the same lien and collected in the same manner as other taxes. Section 7. Tax Lien and Liability. A special lien is hereby created on all real, personal and mixed property, located in the City of Euless, in favor of the City of Euless for all taxes, ad valorem, occupational or otherwise. Said lien shall exist from January 1 in each year until the taxes are paid. Such lien shall be prior to all other claims, and no gift, sale, assignment or transfer of any kind, or judicial writ of any kind, can ever defeat such lien, but the Assessor and Collector of Taxes can pursue such property, and whenever found out may, by judicial writ, seize and sell enough thereof to satisfy such taxes. All persons or corporations owning real, personal or mixed property on the first day of January of each year shall be liable for all ( municipal taxes levied thereon for such year. i Section 8. Joint Interest in Property. The Assessor and Collector of Taxes shall not be required to make separate assessments of joint interests or conflicting interests in any real estate, but the owner of such interest may furnish to the Assessor and Collector of Taxes at any time before the first day of April of each year a written description of any parcel of land in which he has an interest less than the whole showing the amount of his interest therein, Ali if known. The Assessor and Collector of Taxes may thereupon assess II' such interest as a separate parcel and the remaining interest as a different parcel and proceed to fix the value of each. The Assessor and Collector of Taxes may receive the taxes on part of any lot or parcels of real estate or any undivided interest there- in, but no such taxes shall be received until the person rendering the ' 28. same shall have furnished the said Assessor and Collector of Taxes a particular description of the particular part or interest on which pay- ment is tendered. Section 9. Board of Equalization. The Council shall each year prior to the first day of May, or as soon as practicable thereafter appoint a Board of Equalization to be com- posed of three (3) members who may not be members of the governing body, and who are qualified taxpaying voters of Euless, well acquainted with property values. Said Board shall choose from its membership a chairman who shall preside at all Board meetings. The said Board shall convene as near as practicable on the first day of May, giving notice of time and place of meeting, and continue its labors until its said work is completed, but not to continue longer than the first day of August follow- ing. It shall be the duty of the Council, as soon as the assessment rolls are completed, to refer the same to the Board of Equalization, whose duty it shall be to equalize the taxes assessed on such rolls and 1 to make all necessary correction and adjustment and shall be governed �j z in its procedure by the laws of this State, relating to the equalization !I of State and County taxes by Commissioners Court. In addition to the foregoing, the said Board shall have the power, when sitting, to compel the production of all books, documents, stocks, bonds and other 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 'f full power to correct any mistakes or inequality in the assessment of property. A majority of the said Board shall constitute a quorum for 1.1 the transaction of business. The Assessor and Collector of Taxes shall serve as ex officio secretary to said Board. Immediately upon com- pletion of its work the Board shall certify its approval of the assessment rolls and forward the same to the Council. The Council shall thereupon , approve the assessment rolls and they shall thereon become the assessment rolls of the City for that tax year. Section 10. Appeals to Board of Equalization. Any person disagreeing with the Assessor and Collector of Taxes in the assessment, or in the valuation of property for taxing purposes, shall be entitled to make complaint to the Board of Equalization and to appeal to said Board for revision and correction of the matter upon which said complaint is based. The Board may examine the complaint, 1 his agent or attorney and other persons in regard to the matter 29. 1 i complained of and may compel the attendance of witnesses and the pro- 5 duction of books and papers necessary to furnish information to the i Board. t 5' ARTICLE X. Planning f Section 1. The Planning and Zoning Commission. E There shall be established a Planning & Zoning Commission which shall consist of five (5) citizens from the City of Euless who own real property within said City.. The members of said Commission shall be appointed by the City Council for a term of two years. Two (2) members of the Planning & Zoning Commission shall be so appointed ,' each odd numbered year and three (3) members shall be so appointed each even numbered year. The Commission shall elect a chairman from among its membership and shall meet not less than once each month. Vacancies and unexpired terms shall be filled by the Council ' ,. for the remainder of the term. A majority of the members shall con- stitute a quorum. Members of the Commission may be -removed by the Mayor with the consent of the Council after public hearing and for cause set forth in writing. �; The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compen- sation. t Section 2. Planning and Zoning Commission Powers and Duties. A! The Planning & Zoning Commission shall: ll r: 1 a) Recommend a City Plan for the physical development of 1 the City. y 1 b) Recommend to the City Council approval or disapproval I of proposed changes in the Zoning Plan, and 3 ;I I {,1 c) Exercise control over Platting or Sub-Dividing Land 4i within the corporate limits of the City and outside. said corporate 1 'I limits to the extent authorized by law. i The Commission shall be responsible to and act as an advisory 30. body to the Council and shall have and perform such additional duties as may be prescribed by ordinance. Section 3. The Master Plan. The Master Plan for the physical development of the City of Euless shall contain the Commission's recommendations for growth, develop- ment 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 parts, and may adopt any amendments thereto After at least one public hearing on the proposed action. The City 'y Council shall act on such Plan, or part thereof, within sixty (60) days following its submission. If such plan, or part thereof, shall be re- jected by the Council, the Commission may modify such plan, or part thereof, and again forward it to the City Council for consideration. All amendments to the Master Plan recommended by the Commis- sion shall be submitted in the same manner as outlined above to the City Council for approval, and all recommendations affecting the • Master Plan shall be accompanied by a recommendation from the Planning & Zoning Commission. Section 4. Legal Effect of the Master Plan. f Upon the adoption of a Master Plan by the City Council, no sub- division, street, park or any public way, ground or space, public building or structure, or public utility whether publicly or privately owned, which is in conflict with the Master Plan shall be constructed or authorized by the City until and unless the location and extent thereof shall have been submitted to and approved by the Commission. In case of disapproval, the Commission shall communicate its reasons to the Council, which shall have the power to over-rule such disapproval, and upon such over-ruling, the Council shall have power to proceed. The widening, narrowing, re-locating, 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 & Zoning Commission, and failure to approve may be similarly overruled by the City Council. 31. II k& .4 1‘ ARTICLE XI. ' 1 u Franchises and Public Utilities I, Section I. Powers of the City. tic * In addition to the City's power to buy, own, construct, maintain and operate utilities within or without the City limits, and to manu- facture and distribute electricity, gas or anything else that may be r: needed or used by the public, the City shall have further power as may� now or hereafter be granted under the Constitution and laws of the , State of Texas. tF ts: tas ; > Section 2. Inalienability of Control of Public Property. 4 The right of control and use of the public streets, highways, .' sidewalks, alleys, parks, public squares and public places of the City is hereby delcared to be inalienable by the City, except by ordinances I' f not in conflict with the provisions of this Charter. No act or omission If: 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 impli- cation anyright, franchise or easement affecting said public streets, ' highways, sidewalks, alleys, parks, public squares, public places and IV other real property, except as provided in this Charter. Section 3. Ordinance Granting Franchises. t All ordinances granting, amending, renewing, or extending fran- { chises for public utilities shall be read at two separate regular meetings of the Council and shall not be finally passed until thirty (30) days after the first reading; and no such ordinance shall take effect until thirty (30) days after its final passage; and pending such time, the full text of such ordinance shall be published once each week for four (4) consecu- tive weeks in the official newspaper of the City of Euless and the expense of such publication shall be borne by the proponent of the fran- chis e. 1 Section 4. Transfer of Franchise. Jt 11 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. r ij 32. : j'I_ Section 5. Franchise Value Not to be Allowed. 1 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 condem- nation or otherwise, nothing shall be included as the value of any franchise granted by the City under this Charter. Section 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 1 franchise holder operating in the City, provided that no such ordinance shall be passed as an emergency measure. Every franchise holder who shall request an increase in rates, charges, or fares, shall have, at the hearing of the Council called to consider such request, the burden of establishing by clear, competent and convincing evidence, the value of its investments properly allocable to service in the City, and the amount and character of its expenses and revenues connected with the rendering of such service. In connection with the City Council's power to regulate rates and services, Articles 1119 through 1124A, both articles inclusive, of the 1925 Revised Civil Statutes of the State of Texas as now or hereafter amended are hereby adopted as a part of this Charter. No public utility franchise holder shall institute any legal action to contest any rate, charge or fare fixed by the Council until such franchise holder has filed a motion for rehearing with the Council specifically setting out each,ground of its complaint against the rate, charge, or fare fixed by the Council, and until the Council shall have acted upon such motion. Such motion shall be deemed overruled unless acted upon by the Council within a reasonable time, not to exceed ninetyprovided, (90) days from the filing of such motion for rehearing; that the Council may by resolution extend such time limit for acting on said motion for rehearing from ninety (90) days to one hundred eighty (180) days. Section 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 here- after provided by law. t 33. Section 8. Extensions. All extensions of public utilities within the City limits shall be- come a part of the aggregate property 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 here- inbefore made. The right to use and maintain any extensions shall terminate with the original grant. In case of an extension of public utility operated under a franchise hereafter granted, such right shall be terminable at the same time and under the same conditions as the original grant. Section 9. Temporary Permits. Permits unconditionally revocable at the will of the governing body for minor or temporary privileges in the streets, public ways and public places of the City may be granted and revoked by ordinance from time to time, and such permits shall not be deemed franchises as the term is used in this Charter. Section 10. Other Conditions. All franchises heretofor''e granted are recognized as contracts between the City of Euless and the grantee, and contractual rights as contained in any such franchises shall not be impaired by the provisions of this Charter, except that the power of the City of Euless to exercise the right of eminent domain in the acquisition of any utility property is in all things reserved, and except the general powers of the City hereto- fore 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 terms and conditions contained in the various sections of this Article whether or !f not such terms are specifically mentioned in the franchises. Nothing in this Charter shall operate to limit in any way, as specifically stated, the discretion of the Council or the electors of the City in im- posing terms and conditions as may be reasonable in connection with ° any franchise grant, including the right to require such compensation or rental as may be permitted by the laws of the State of Texas. 34. Section 11. Franchise Records. C, Within six 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. Section 12. Accounts of Municipally Owned Utilities. Accounts shall be kept for each public utility owned or operated by the City, in such manner as to show the true and complete financial results of such City ownership and operation, including all assets, appropriately subdivided into different classes, all liability subdivided by classes, depreciation reserve, other reserves, and surplus; 'also revenues; operating expenses including depreciation, interest payments, rental, and other disposition of annual income. The accounts shall show the actual capital cost to the City of each public utility owned, also the cost of all extensions, additions, and improvements and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished or rendered by any such utility to any other City or governmental depart- ment. 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. 1 ARTICLE XII. 1 General Provisions Section 1. Public Records of the City. Every ordinance or resolution, upon its becoming effective, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the Mayor or 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 1 vital statistics records, and any other records closed to the public by 35. 1 ! ' . a law, shall not be considered public records for the purpose of this Section. Section Z. 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 finan- cially interested directly or indirectly in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or employee. Any knowing and wilfull violation of this Section shall constitute malfeasance in office and any officer or em- ployee guilty thereof shall be removed from his office or position. Any violation of this Section, with the knowledge, expressed or im- plied, of the person or corporation contacting with the governing body of the City shall render the contract involved voidable at the discretion of the governing body. Section 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 Councilman, or appointment of the City Manager, so related to him. Section 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 pub- lic utility corporation enjoying a grant of any franchise, privilege or easement from said City, during the term of office of such officer, or during the employment of such employee of the City, except as may be authorized by law or ordinance. Any officer or employee of the City who shall violate the provisions of this Section shall be guilty of a mis- demeanor and shall be punished by such fine as may be prescribed by ordinance for this offense, and may forthwith be removed from office. Section 5. Mechanic, Material or Labor Claim. All sub-contractors, materialmen, mechanics and laborers upon 36. x any public works of the City of Euless are hereby required to notify the City of all claims they may have against the contractor on account of such work, and when such notice has been given, the City shall retain } an amount from any funds due the contractors, sufficient to satisfy such claims; provided that such notice must be given at any time after such indebtedness becomes due and before the City's final settlement with the contractor; and provided further, that no contractor or sub- contractor shall issue any checks on, or on account of, any public works of said City. Section 6. Notice of Claim. The City of Euless shall not be held responsible on account of any claim for damages to any person or property unless the person making such complaint or claiming such damages shall, within thirty (30) days after the time at which it is claimed such damages were in- flicted upon such person or property, file with the City Secretary, a true statement under oath, as to the nature and character of such I'r damages or injuries, the extent of the same, and the place where same happened, the circumstances under which same happened, the 1' conditions causing same, with a detailed statement of each item of damages and the amount thereof, and if it be for personal injuries, giving a list of the witnesses, if any known to affiants, who witnessed such accident. Section 7. Assignment, Execution and Garnishment. The property, real and personal, belonging to said City shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to said City, in the hands of any person, be liable to garnishment on account of any debt the City may owe or funds the City may have on hand due any person, nor any of its officers or agents shall be required to answer any writ of garnishment on any account whatsoever, nor shall said City be liable to the assignee of any wages of any officer, agent or employee of said City, whether earned or unearned, upon any claim or account whatsoever, and any such attempted assignment shall be absolutely void as to the City. Section 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 there- on, acceptable to the governing body of the City of Euless. k 1 37. Section 9. Condemnation 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 may fall or collapse and injure persons or property, the City may order the owner or agent of the same or occupant of the premises, to take such corrective measures as the governing body may direct, and may punish by fine all persons failing to do so. Upon his failure to comply, the governing body shall have the additional power to remove the same on account of the owner of the property and assess the expenses thereof, including condemnation proceedings, as a special tax against the land or improvements, and same may be collected as other special taxes provided for in this Charter, or by suit in any court of competent jurisdiction. Section 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 may authorize the inspection by the City of all buildings or structures during the progress of their construction and may re- quire that all buildings shall be constructed in conformity with the building code which exists in said City or shall hereafter be passed. Section 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 from a recog- nizable stream, creek, branch or natural drainage. The City may control location, construction, height of structure, depth and size of body of water to be impounded. No pool, pond or lake, receiving water from a recognizable stream, creek, branch or natural drainage, shall be constructed without first obtaining a permit issued by the City. Section 12. Bonds of City Officials, Employee, or Department Director. In addition to any bonding provisions herein provided, the Council may require any City official, department director or City employee, before entering upon his duties, to execute a good and sufficient bond 38. with a surety company doing business in the State of Texas, and approved by the Council, as surety thereon, said bond to be in such amount as the Council may demand, payable to the City of Euless, and conditioned for the faithful performance of the duties of his office; premium of such bond to be paid by the City. Section 13. 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. Section 14. Separability Clause. If any Section or part of a Section of this Charter is held to be in- valid 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. Section 15. Construction of the Charter. In the wording of the Charter, the use of the singular number E 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. Section 16. Construction of Power. This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed as a general grant of power and as a limitation of power on the government of the City of Euless in the same manner as the 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. Section 17. 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 39. 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. Section 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 amendments thereto, as it shall deem appropriate, and upon the passage of any such ordinance, a copy thereof certified by the City Secretary, shall be forwarded to the Secretary of State for filing. 40. {