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Charter Review CommissionPage 2 of 48Meeting Date: October 15, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-499-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Charter Review Commission
On agenda:Final action:
10/15/2019
Title:
Discussion of tasks and procedures pursuant to Resolution No. 2019-25.
Attachments:
RES 2019-25.pdf
DateVer.Action ByActionResult
Agenda Item No. 1:
Discussion of tasks and procedures pursuant to Resolution No. 2019-25.
Charter Review CommissionPage 3 of 48Meeting Date: October 15, 2019
Charter Review CommissionPage 4 of 48Meeting Date: October 15, 2019
Charter Review CommissionPage 5 of 48Meeting Date: October 15, 2019
Charter Review CommissionPage 6 of 48Meeting Date: October 15, 2019
Charter Review CommissionPage 7 of 48Meeting Date: October 15, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-500-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Charter Review Commission
On agenda:Final action:
10/15/2019
Title:
Discussion of procedural rules of operation of the Charter Review Commission.
Attachments:
DateVer.Action ByActionResult
Agenda Item No. 2:
Discussion of procedural rules of operation of the Charter Review Commission.
Charter Review CommissionPage 8 of 48Meeting Date: October 15, 2019
1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-501-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Charter Review Commission
On agenda:Final action:
10/15/2019
Title:
Discussion of the Town of Trophy Club current Charter.
Attachments:
Town of Trophy Club Home Rule Charter.pdf
DateVer.Action ByActionResult
Agenda Item No. 3:
Discussion of the Town of Trophy Club current Charter.
Charter Review CommissionPage 9 of 48Meeting Date: October 15, 2019
Page 1of 37
HOME RULE
CHARTER
*
HOME RULE CHARTER
Article I. Form of Government & Boundaries
1.01 Incorporation, Corporate Name
All citizens of the Town of Trophy Club, in Denton and Tarrant Counties, Texas, within the
boundaries of said Town now established or as hereinafter established in the manner provided by
law shall continue to be a municipal body politic and corporate in perpetuity under the name ÐTown of
Trophy ClubÑ hereinafter referred to as the ÐTownÑ with such powers, rights, authority, privileges,
obligations and immunities as are herein provided and as otherwise provided by law.
1.02 Form of Government
The municipal government provided by this Charter shall be known as the Ðcouncil-manager
governmentÑ. Pursuant to its provisions and subject only to the limitations imposed by the Texas
Constitution, and the laws of the State of Texas, and by this Charter, all powers of the Town shall be
vested in an elective council, hereinafter referred to as the ÐCouncilÑ which shall enact legislation,
adopt budgets, determine policies, and appoint the Town Manager, who shall execute the laws and
administer the government of the Town. All powers of the Town shall be exercised in the manner
prescribed by this Charter, or if the manner be not prescribed, then in such manner as may be
prescribed by ordinance or State law.
State law referenceÎ Form of government, V.T.C.A., Local Government Code, sec. 26.021.
1.03 Boundaries
The boundaries of the Town shall be as they have been established previously, now exist, and as
hereinafter amended by the Council in accordance with the law and a map of such boundaries shall
be on file with the Town Secretary.
State law referencesÎ Municipal boundaries and annexation, V.T.C.A., Local Government Code, ch. 41 et
seq.; map of municipal boundaries and extraterritorial jurisdiction, V.T.C.A., Local Government Code, sec.
41.001.
1.04 Annexation
(a) The Council shall have the power by ordinance to fix boundaries of the Town and to provide for
the alteration or the extension of said boundaries, pursuant to any laws of the State of Texas now or
hereinafter enacted, with or without the consent of the owners or inhabitants of such territory.
(b) The annexation ordinance shall describe the territory to be annexed. Notice shall be published
and public hearings held as required by State law. Amendments not enlarging or extending the
boundaries set forth in the proposed ordinance may be incorporated into the proposed ordinance
without the necessity of republication of said notice. The additional territory annexed shall be a part
of the Town and the property situated therein shall bear its pro rata part of the taxes levied by the
Town as provided by State law. The inhabitants thereof shall be entitled to all the rights and
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privileges of other citizens and shall be bound by the acts, ordinances, resolutions and regulations of
the Town.
State law referenceÎ Municipal annexation, V.T.C.A., Local Government Code, ch. 43.
1.05 Disannexation
The Council may, by ordinance, disannex any territory within the corporate boundaries of the Town, if
the Council determines the territory is not necessary or suitable for Town purposes or if it is
determined that disannexation is required as a result of a valid municipal purpose, and may
exchange territory with other municipalities. When the disannexation ordinance is passed, the
disannexed territory shall cease to be a part of the Town. The disannexed territory shall remain liable
for its pro rata share of any indebtedness incurred while the area was a part of the Town and the
Town shall continue to levy, assess and collect taxes on the property in the disannexed territory until
such indebtedness has been paid.
State law referenceÎ Disannexation, V.T.C.A., Local Government Code, sec. 43.141 et seq.
*
Article II. Powers of the Town
2.01 Enumerated Powers Not Exclusive
The Town shall have the powers which are herein expressly provided as well as all powers that are
now or which hereafter may be granted to municipalities by the Constitution or laws of the State of
Texas, together with all the implied powers necessary to execute such granted powers. The
enumeration of particular powers in the Charter shall not be held or deemed to be exclusive of those
powers not expressly enumerated but shall be cumulative and shall not be interpreted as limiting the
Town's power in any way.
2.02 Eminent Domain
The Town shall have full right, power and authority to exercise the power of eminent domain when
necessary or desirable to carry out any of the powers conferred upon it by this Charter, or by the
Constitution, by the laws of the State of Texas or by Town ordinance. The power of eminent domain
hereby conferred shall include the right of the Town to take the fee, easement and other interest in
the lands so condemned, and such power and authority shall include the right to condemn public and
private property for such purposes. The Town shall have and possess this power of condemnation of
property within or without the corporate limits for any municipal or public purposes, even though not
specifically enumerated herein or in this Charter.
State law referencesÎ Eminent domain, V.T.C.A., Property Code, ch. 21; municipal right of eminent domain,
V.T.C.A., Local Government Code, ch. 251.
2.03 Power to Acquire Property Inside and Outside the Town for Any Lawful Purposes
The Town shall have the power to sell and to acquire by purchase either private or public property
located inside or outside of the corporate limits for any lawful purposes.
State law referenceÎ Authority relating to property, V.T.C.A., Local Government Code, sec. 51.076.
Article III. The Council
3.01 Number, Selection, Term
The Council shall consist of seven (7) members, a Mayor and six (6) Councilmembers, elected from
the Town at-large-by-place in the manner provided in Article V, for a term of three (3) years or until
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their successors have been elected and take office as provided in Article V. Each Councilmember
shall be elected to and occupy a place on the Council, such Places being numbered (e.g., Place 1,
Place 2, Place 3, etc.).
(Section 3.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 18, adopted 5/21/13)
3.02 Qualifications
(a) Each person who becomes a candidate for Mayor or Councilmember shall meet the following
qualifications:
(1) be at least eighteen (18) years of age on the first day of the form to be filed;
(2) be a citizen of the United States;
(3) be a qualified voter of the Town;
(4) reside and have resided for at least twelve (12) months preceding the election
within the corporate limits of the Town;
(5) no candidate may file for more than one office or position number per election;
(6) no employee of the Town shall continue in such position after becoming a candidate
for a Town elective office; and,
(7) If any sitting Council member files to become a candidate for another public office,
he shall resign his current seat upon filing for the new office.
(b) The Council shall be the judge of the qualifications of candidates for office in accordance with
Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and require the
production of records.
(Subsection (a)(1) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4,
adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 3, adopted
5/21/13. Subsection (a)(7) added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 5,
adopted 5/18/09 Subsection (b) amended by May 11, 2013 election, effected by Ordinance 2013-15,
prop. 4, adopted 5/21/13.)
State law referenceÎ Age and residence requirements for home-rule city office, V.T.C.A., Election Code, sec.
141.003.
3.03 Number, Selection, Term\[,\] Council Judge of Election of Members
The Council shall be the judge of the election and qualifications of its own members, subject to
review of the courts in case of contest. The Council shall after each regular or special election,
canvass the return and declare the results of each election as required by law.
3.04 Vacancies, Forfeiture of Office, Filling of Vacancies
(a) The office of the Mayor or a Councilmember shall become vacant upon the Mayor or
Councilmember's death, resignation, removal from office (in any manner authorized by law), or
forfeiture of office.
(b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor or
Councilmember:
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(1) lacks any qualification for the office prescribed by this Charter or by other law;
(2) violates any express prohibition of this Charter;
(3) is convicted of a felony crime or is convicted of a crime involving moral turpitude; or,
(4) fails to attend three consecutive regular meetings of the Council without being
excused by the Council.
The Council shall, by an affirmative 3/4 vote of the entire membership, be the judge in matters
involving forfeiture of office by a Councilmember or the Mayor; provided however, that if any member
is convicted of a felony or a crime of moral turpitude while in office, the office shall immediately and
automatically become vacant without any requirement for action by the Council. Forfeiture of office
pursuant to this section may be appealed to an appropriate court as provided by law.
(c) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election
within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas
Constitution and the Texas Election Code.
(d) A vacancy in the office of a Councilmember shall be filled by special election within one
hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and
the Texas Election Code. If the vacated office is that of Mayor Pro-Tem, the Town Council shall elect
a new Mayor Pro-Tem at the next regular meeting.
(e) Vacancies filled by special election shall be for the remainder of the term that was vacated.
(Subsection (b)(2) added and former subsections (b)(2) and (b)(3) renumbered to (b)(3) and (b)(4) by
May 9, 2009 election, effected by Ordinance 2009-12, prop. 6, adopted 5/18/09. The closing
paragraph of subsection (b) amended by May 11, 2013 election, effected by Ordinance 2013-15,
prop. 4, adopted 5/21/13. Subsection (c) amended and Subsection (d) and (e) added by May 9, 2009
election, effected by Ordinance 2009-12, props. 4, 7, adopted 5/18/09)
State law referenceÎ Special election to fill vacancy generally, V.T.C.A., Election Code, sec. 201.051 et seq.
3.05 Compensation
The Mayor and Councilmembers shall serve without pay or compensation; provided, however, that
they shall be entitled to reimbursement of any necessary expenses incurred in the performance of
their official duties, when approved by Council or their designee.
State law referenceÎ Compensation of officers in home-rule municipality, V.T.C.A., Local Government Code,
sec. 141.004.
3.06 Mayor
The Mayor shall preside over the meetings of the Council, and perform such other duties consistent
with the office as may be imposed upon him by this Charter and by ordinances and resolutions
passed in pursuance thereof. He may participate in the discussion of all matters coming before the
Council and he shall have a vote on all matters before the Council. He shall sign after authorization
by the Council, all contracts, conveyances made or entered into by the Town, all bonds, warrants
and any other obligations issued under the provisions of this Charter, in the manner prescribed in the
ordinance authorizing the signing of any such obligation. He shall present an annual state of the
Town message, which shall include setting out needs and goals for the Town. He shall be
recognized as the official head of the Town by the courts for the purpose of serving civil process, by
the Governor for the purpose of enforcing military law and for all ceremonial purposes.
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(Section 3.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 5, adopted 5/21/13)
Editor's noteÎ Former section 3.06A pertaining to the mayor and amended by May 9, 2009 election effected by
Ordinance 2009-12, prop. 19, adopted 3/9/09 and renumbered by Ordinance 2009-21 adopted 8/24/09 was
repealed by May 11, 2013 election, effected by Ordinance 2013-15, prop. 5, adopted 5/21/13)
3.07 Mayor Pro-Tem
The Council, at its first meeting after election of Councilmembers, shall elect one of its number as
Mayor Pro Tem. He shall perform all the duties of the Mayor in the absence or disability of the Mayor.
3.08 Powers of the Council
All powers of the Town, and the determination of all matters of policy, shall be vested in the Council.
Without limitation of the foregoing, and among the other powers that may be exercised by the
Council, the following are hereby enumerated for greater certainty:
(a) Appoint and remove a Town Manager as hereinafter provided;
(b) Adopt the budget of the Town, and remain fully advised as to the financial condition
and future needs of the Town;
(c) Authorize the issuance and sale of bonds by a bond ordinance;
(d) Develop long term goals for the Town and strategies to implement goals;
(e) Inquire into the conduct of any office, department or agency of the Town and
authorize investigations as to municipal affairs;
(f) Provide for such additional boards, commissions and corporations not otherwise
provided for in this Charter, as may be deemed necessary, and appoint the members of
all such boards, commissions and corporations. Such boards, commissions and
corporations shall have all powers and duties now or hereafter conferred and created by
this Charter, by Town ordinance or by State law;
(g) Adopt and modify the zoning plan, and a building code, including electrical and
plumbing codes, of and for the Town; and to require building permits;
(h) Adopt and modify the official map of the boundaries of the Town and its
extraterritorial jurisdiction;
(i) Adopt, modify and carry out plans proposed by the Town Planning and Zoning
Commission for the clearance of slum districts and rehabilitation of blighted areas;
(j) Adopt, modify and carry out plans proposed by the Town Planning and Zoning
Commission for the replanning, improvement and redevelopment of any area or district
which may have been destroyed in whole or in part by disaster;
(k) Regulate, license and fix the charges or fares made by any person, firm or
corporation owning, operating or controlling any vehicle of any character used for the
carrying of passengers for hire or the transportation of freight for hire on the public streets
and alleys of the Town;
(l) Provide for the establishment and designation of fire limits, and prescribe the kind
and character of buildings or structures or improvements to be erected therein; provide for
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the erection of fireproof buildings within said limits; provide for the condemnation of
dangerous structures, buildings, dilapidated buildings or buildings calculated to increase
the fire hazard, and prescribe the manner of their removal or destruction, within said
limits;
(m) Provide for a sanitary sewer and water system, and require property owners to
connect their premises with sewer system and provide the penalties for failure to make
sanitary sewer connections;
(n) Provide for sanitary garbage disposal, and set fees and charges therefor, and
provide penalties for failure to pay such fees and charges; define nuisances and to
prohibit same, and provide penalties for violations;
(o) Provide for all necessary public utilities and set fees and charges therefor and
provide penalties for misuses of same;
(p) Exercise exclusive dominion, control and jurisdiction (including the right to close and
abandon streets and alleys) in, upon, over and under the public streets, avenues,
sidewalks, alleys, highways, boulevards and public grounds of the Town; provide for the
improvement of same as set forth in State law or as determined appropriate by the
Council in order to meet a municipal purpose;
(q) Compromise and settle any and all claims, demands and lawsuits, of every kind and
character, in favor of, or against, the Town;
(r) Require bonds, both special and general, of such contractors and others
constructing or building for the Town as Council determines appropriate, and to set up
standards, rules and regulations therefor;
(s) Pass ordinances defining and prohibiting misdemeanors and provide penalties for
violations;
(t) Provide and/or arrange for any and all Ðcivil defense measuresÑ and Ðpublic shelter
measuresÑ for the Town and for the citizens thereof, deemed necessary for the public
welfare;
(u) Exercise, or delegate to the Mayor, extraordinary and total executive powers (on a
temporary basis) during the existence and duration of any major public disaster, for the
public welfare; and,
(v) Name and designate an ÐOfficial NewspaperÑ for the Town and cause only the
caption of duly enacted ordinances to be published except as provided otherwise by law.
(Subsection (b) amended, Subsection (d) added, and subsections (a) Î (v) renumbered accordingly
by May 9, 2009 election, effected by Ordinance 2009-12, prop. 19, adopted 5/18/09)
3.09 Meetings of the Council
The Council shall hold at least two (2) regular meetings a month for at least seven (7) months and a
minimum of one meeting during each of the other five (5) months at a time to be fixed by Council for
such regular meetings. Council may hold as many other meetings as may be necessary for the
transaction of the business of the Town. All regular meetings shall be held at the Municipal Building
or at such other places within town limits as will permit the attendance of the general public. All
meetings will be held in accordance with open meeting laws of the State of Texas.
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State law referenceÎ Open meetings, V.T.C.A., Government Code, ch. 551.
3.10 Special Meetings
The Mayor or any three (3) members of the Council may call special meetings by giving notice to the
Town Secretary of the nature of the meeting, the items for consideration, and the proposed date and
time of the meeting. The Town Secretary shall notify each member of the Council of the time of such
meeting and purpose thereof. Only matters mentioned in the call shall be considered.
3.11 Rules of the Council
(a) The Council shall determine its own rules of procedure and may compel the attendance of its
members. Minutes of the proceedings of the Council shall be kept, to which any citizen may have
access at all reasonable times and which shall constitute one of the archives of the Town.
(b) Any item requested by two (2) Councilmembers, or the Mayor, or by the Town Manager shall
be placed on the agenda by the Town Secretary. The Mayor will establish the order of the agenda for
each Council meeting. The Town Secretary shall prepare the agenda, which shall be publicly posted
in accordance with the Texas Open Meetings Act.
(c) The rules shall provide that citizens of the Town shall have a reasonable opportunity to be
heard at any meeting.
(Subsection (b) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 10,
adopted 5/18/09)
3.12 Quorum
A majority of the Council shall constitute a quorum to do business. A number less than a quorum
may adjourn from time to time and compel the attendance of absent members. Except as otherwise
specifically provided herein or as provided by law, four (4) members of Council shall constitute a
quorum for the purpose of transaction of business and no action of the Council shall be valid or
binding unless adopted by the affirmative vote of four (4) or more members of the Council, or as
required by State law or this Charter. If the Council is reduced to less than four (4) members on
account of vacancies, the remaining members shall constitute a quorum for the sole purpose of
calling an election.
(Section 3.12 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9, adopted
5/18/09)
3.13 Interference in Town Manager Appointments and Removals or Duties
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 Town Manager or by any of his subordinates. However, the Council
may consult and advise with the Town Manager, make inquiry regarding the appointments or
removals and may express their opinion in regard thereto. In regard to administrative and executive
duties under the Town Manager, the Council and its members shall deal solely through the Town
Manager, either publicly or privately.
3.14 Action Requiring an Ordinance
In addition to other acts required by law or by specific provision of this Charter to be done by
ordinance, those acts of the Council shall be by ordinance which:
(a) Adopt or amend an administrative code;
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(b) Provide for a fine or other penalty or establish a rule or regulation for violation of
which a fine or other penalty is imposed;
(c) Levy taxes;
(d) Grant, renew or extend a franchise;
(e) Regulate the rate charged for its services by a public utility;
(f) Authorize the borrowing of money that cannot be repaid within the current fiscal
year;
(g) Convey, lease or authorize the conveyance or lease of any lands of the Town;
(h) Regulate land use and development;
(i) Amend or repeal any ordinance previously adopted; and,
(j) Adopt an annual budget.
Acts other than those referred to in the preceding sentence may be done either by ordinance or by
resolution provided that such action is in compliance with applicable law.
State law referenceÎ Ordinance, rule or regulation necessary to carry out other powers, V.T.C.A., Local
Government Code, sec. 51.001.
3.15 Form of Ordinances
Every proposed ordinance shall be introduced in writing and in substantially the form required for
final adoption. The subject of the ordinance shall be clearly expressed in its title. The enacting clause
of every ordinance shall be in accordance with State law. Any ordinance which repeals or amends an
existing ordinance or part of the Town code shall clearly set forth the provision or provisions being
repealed or amended and, if amended, shall further clearly set forth the amendment being made.
3.16 Procedure for Enacting Ordinances and Resolutions; Publications
(a) Ordinances and resolutions may be passed at any regular meeting or special meeting called
for that purpose provided notice has been given in accordance with the Texas Open Meetings Act.
(b) All ordinances, exclusive of emergency ordinances defined by Section 3.17 of this Charter,
shall be considered and passed in open meeting of the Council. All persons interested shall have the
opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to final
adoption. Every ordinance, resolution or motion shall require on passage the affirmative vote of four
(4) or more members of Council present unless more is required by State law.
(c) The descriptive caption or title of an ordinance that imposes a penalty, fine or forfeiture, and
the penalty for violating the ordinance, shall be published at least once in the official newspaper of
the Town.
(d) An ordinance required to be published takes effect when the publication requirement is
satisfied, unless the ordinance provides otherwise. An ordinance that is not required to be published
takes effect when adopted unless the ordinance provides otherwise.
(e) All ordinances and resolutions may be admitted and received in all courts, subject to the rules
of evidence and laws of jurisdictions where proof of such ordinances and resolutions are tendered,
without further proof.
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(Subsection (b) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9, adopted
5/18/09)
State law referenceÎ Publication of ordinances, V.T.C.A., Local Government Code, sec. 52.013.
3.17 Emergency Ordinances
The Council may adopt emergency ordinances only to meet public emergencies affecting the life,
health, property or the public peace in accordance with State law. In particular, such ordinances shall
not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any public utility
for its services, and shall be adopted as authorized by applicable state or federal law. After adoption
the ordinance shall be published as required by law, but may become effective immediately upon
enactment.
(Section 3.17 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 9, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 6, adopted 5/21/13)
3.18 Bonds for Employees
The Town Manager and the Town Secretary and such other Town officers and employees as the
Council may require, shall, before entering upon the duties of their office, enter into a good and
sufficient fidelity bond in a sum to be determined by the Council payable to the Town, and
conditioned upon the faithful discharge of the duties of such persons, and upon the faithful
accounting for all monies, credits and things of value coming into the hands of such persons, and
such bonds shall be signed as surety by some company authorized to do business under the laws of
the State of Texas. Premium of such bonds shall be paid by the Town, and such bonds must be
acceptable to the Council.
State law referenceÎ Official bonds, V.T.C.A., Government Code, ch. 604.
3.19 Investigative Powers of the Council
The Council, by the affirmative vote of a quorum, shall have the power to authorize an inquiry or
investigation into the official conduct of any office, department, or agency of the Town.
(Section 3.19 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 7, adopted
5/21/13)
3.20 Conflict of Interest and Abstention
(a) Conflict of Interest. Should any person on the Town Council have a conflict of interest,
pursuant to any State laws and/or Town ordinances regulating conflicts of interest of municipal
officers, with an agenda item then before the Town Council, he shall openly declare same before
discussion proceeds, and he is thereby prohibited from discussing the item or voting on the question,
and is not considered as present and voting for the purposes of the tally.
(b) Abstention. Should any person on the Town Council choose to abstain from voting on any
question before the Town Council, where no conflict of interest exists, the person's vote shall be
recorded as a negative vote in the official minutes of the meeting.
(Section 3.20 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 11, adopted
5/18/09)
Editor's noteÎ The election held May 9, 2009 amended Article III to add a section entitled ÐConflict of Interest
and AbstentionÑ numbered as Section 3.20 and replacing the current Section 3.20 of Article III which was
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amended, renumbered and moved to Article IX, Section 9.09 effected by Ordinance 2009-12, prop. 19,
adopted May 18, 2009.
State law referencesÎ Conflicts of interest of officers, V.T.C.A., Local Government Code, ch. 171; public
disclosure, V.T.C.A., Government Code, ch. 553.
3.21 Indemnification of Officers
The Council may, by appropriate ordinance, provide for the indemnification and defense of the
officers and employees of the Town, including members of the Council, or any board, commission, or
committee, including volunteers, against any loss, cost, or expense arising out of or related to the
discharge of official duties, to the extent such indemnification is allowed by law and to the extent
such actions or inactions are covered under the terms of the Town's general liability insurance
coverage. Under no circumstances shall indemnification be provided for any act arising out of the
intentional or knowing violation of any penal statute or for any personal or private business of such
officer, employee, member or volunteer, or for any criminal misconduct.
(Section 3.21 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 8, adopted
5/21/13)
3.22 Term Limits
No person shall serve as Mayor for successive elected full terms totaling more than six years, and no
person shall serve as Councilmember for successive elected full terms totaling more than six years.
A term of office shall be defined as an elected period of two (2) years or an elected period of three
(3) years. A portion of a term does not count as a term of office for purposes of a limit. Term limits
shall apply to the May of 2010 election and all subsequent elections. Election terms previously
served or being served at the May of 2010 election are not counted in the application of term limits.
(Section 3.22 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 23, adopted
5/18/09)
*
Article IV. Administrative Services
4.01 Administrative Departments
Administrative departments shall be established by the Town Manager. The head of each
department shall be appointed by the Town Manager and shall be subject to the direction and
supervision of the Town Manager.
4.02 Town Manager - Appointment and Qualifications
(a) The Council shall appoint a Town Manager, who shall be the chief administrative officer of the
Town.
(b) The method of selection shall be left to the discretion of the Council so long as the method
insures orderly, non-partisan action toward securing a competent and qualified person to fill the
position. The Town Manager shall be chosen upon the basis of administrative training, experience,
ability, character and other such professional qualifications as determined appropriate by Council.
(c) Neither the Mayor nor any Councilmember may be appointed Town Manager or acting Town
Manager while holding office or for a period of two (2) years thereafter.
(d) The Town Manager shall establish residency in the Town unless excused by Council.
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(Subsection (a) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12,
adopted 5/18/09)
4.03 Compensation
The Town Manager shall receive compensation as may be fixed by the Council.
State law referenceÎ Compensation of officers in home-rule municipality, V.T.C.A., Local Government Code,
sec. 141.004.
4.04 Term and Removal
The Town Manager shall not be appointed for a definite term but may be removed at the discretion of
the Council by majority vote of the Council. Such action taken by Council shall be done in
accordance with the personnel policies of the Town applicable to at-will employees. The action of the
Council in suspending or removing the Town Manager shall be final. It is the intention of this Charter
to vest all authority and fix all responsibilities of such suspension or removal in the Council.
4.05 Powers and Duties
The Town Manager shall be the chief administrative officer and head of the administrative branch of
the Town. He shall be responsible to the Council for the proper administration of all the affairs of the
Town and to that end shall have the power and be required to:
(a) Oversee the effective enforcement of all applicable laws and ordinances, implement
the directives and policies established by Council and oversee the administration of
contracts and franchises to ensure compliance with the terms approved by Council;
(b) Appoint, suspend and/or remove all or any one of the heads of departments and all
subordinate officers and employees of the Town in accordance with applicable laws and
policies. The Town Manager may authorize any administrative officer subject to the
Manager's direction and supervision to exercise these powers with respect to
subordinates in that officer's department, office or agency;
(c) Direct and supervise the administration of all departments;
(d) Attend all meetings of the Council, except when excused by the Council. The Town
Manager shall have the right to take part in discussion but shall not vote;
(e) Prepare and submit the annual budget and capital program to the Town Council,
and implement the final budget approved by Council to achieve the goals of the Town;
(f) On an annual basis, submit to the Town Council and make available to the public a
complete report on the finances and administrative activities of the Town's prior fiscal
year;
(g) Keep the Town Council fully advised as to the financial condition and future needs
of the Town;
(h) Make recommendations to the Council concerning affairs of the Town and facilitate
the work of the Council in developing policy;
(i) Provide staff support services for the Mayor and Councilmembers;
(j) Assist the Council in developing goals and strategies for the next fiscal period;
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(k) Assist the Council to develop long term goals for the Town and develop strategies to
implement those goals;
(l) Encourage and provide staff support for regional and intergovernmental cooperation;
(m) Promote partnerships among Council, Staff and citizens in developing public policy
and building a sense of community;
(n) Perform such other duties as may be prescribed by Council, by this Charter, by
ordinance or other law; and,
(o) Recommend to the Council rules and regulations to be adopted by ordinances to
protect the safety and security of the municipal records.
(Subsections (f), (g), (j) and (k) added and subsections (f), (g), (h), (i), (j) and (k) renumbered to (h),
(i), (l), (m) (n) and (o) by May 9, 2009 election, effected by Ordinance 2009-12, prop. 19, adopted
5/18/09. Subsection (f) amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 9,
adopted 5/21/13. Subsection (o) amended by May 11, 2013 election, effected by Ordinance 2013-15,
prop. 10, adopted 5/21/13)
4.06 Acting Town Manager
(a) The Town Manager, within thirty (30) days after taking office, shall designate, by letter filed with
the Town Secretary, a qualified administrative officer of the Town to perform the duties of the Town
Manager in his absence or disability. Such designation shall be subject to approval of the Council.
No member of the Council shall serve as Acting Town Manager. Upon resignation or termination of
the Town Manager, the Acting Town Manager shall perform the duties of the Town Manager until a
new Town Manager or Acting Town Manager is appointed by the Council.
(b) Should the need for an Acting Town Manager occur prior to the Town Manager submitting a
designee or prior to the Council's approval of the Town Manager's designee, the Council shall
appoint an Acting Town Manager.
(c) The Town Manager may select a different Acting Town Manager by repeating the letter of
designation and obtaining the Council's approval for designation of a new Acting Town Manager.
4.07 Town Secretary
The Council shall appoint a Town Secretary who shall act as the Secretary to the Council and shall
hold office at the pleasure of the Council. He shall be entitled to a seat at the Council table at all
official meetings.
(Section 4.07 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12, adopted
5/18/09)
4.08 Duties of the Town Secretary
The Town Secretary shall:
(a) Record the minutes of all official meetings of the Council; provided, however, only
the captions of duly enacted ordinances and resolutions shall be recorded in the minutes;
(b) Hold and maintain the Town Seal and affix to all instruments requiring such seal;
(c) Verify the sufficiency of any petition for recall, initiative, or referendum based upon
the requirements of this Charter and all applicable laws; and,
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(d) Be the custodian of all municipal records of the Town; and
(e) Perform such other duties as may be required by the Council, the Town Manager,
this Charter or the laws of the State of Texas.
(Subsection (e) (renumbered to subsection (d)) added by May 11, 2013 election, effected by
Ordinance 2013-15, prop. 10, adopted 5/21/13; subsections (d) and (e) renumbered by Ordinance
2015-43, sec. 2.01, adopted 12/8/15)
4.09 Compensation
The Council shall set the compensation of the Town Secretary. The authority to set compensation
may be delegated at the discretion of Council.
4.10 Municipal Court
There shall be a court designated to serve the Town as the Municipal Court for the trial of
misdemeanor offenses, with all such powers and duties as are now, or may hereafter be, prescribed
by laws of the State of Texas relative to Municipal Courts.
(Section 4.10 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 11, adopted
5/21/13)
4.11 Judge of Court
The Council shall by ordinance appoint one or more Judges of the Municipal Court. A Judge shall be
a resident of this state, be a citizen of the United States, a licensed attorney in good standing,
licensed to practice in the State of Texas and must have two (2) or more years of experience in
practicing law in this state.
(Section 4.11 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12, adopted
5/18/09)
4.12 Clerk of the Court
The Council shall by ordinance provide for the appointment and oversight of a Clerk, Deputy Clerk
and such other personnel that the Council determines appropriate to serve the Municipal Court of the
Town. The duties and authority of all Court personnel shall be in accordance with state law and Town
ordinance.
(Section 4.12 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 12, adopted 5/21/13)
4.13 Fines
All costs and fines imposed by the Municipal Court shall be paid to the Town general fund for the use
and benefit of the Town, unless otherwise required by State law.
4.14 Town Attorney - Appointment & Qualifications
The Council shall appoint an attorney licensed and in good standing to practice in the State of Texas
as the Town Attorney. He shall serve at the discretion of the Council and he shall receive for his
services such compensation as may be fixed by the Council. The authority to set compensation may
be delegated at the discretion of Council.
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(Section 4.14 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 12, adopted
5/18/09)
4.15 Professional Services
The Council may employ such professional consultants, including engineers, planners, architects or
others whom it finds appropriate and in the best interest of the Town to engage. The Council may fix
the compensation of such professionals and work directly with them or direct that they work with the
Town Manager or his designee. The authority to set compensation may be delegated at the
discretion of Council.
4.16 Town Boards, Commissions and Corporations
(a) Members of boards, commissions and corporations appointed by the Town shall serve without
compensation, provided, however, that they shall be entitled to reimbursement of any necessary
expenses incurred in the performance of their official duties, when approved by Council or their
designee.
(b) A person who holds a paid or elected position with the Town is not eligible to serve on a board,
commission or corporation.
(c) All boards, commissions and corporations shall maintain minutes of their meetings which shall
be public records and which indicate, at a minimum, the members present, the subject of matters
considered and the result of any vote taken. The minutes shall also indicate how each member voted
on each matter.
4.17 Personal Financial Interest
Any officer or employee who has any substantial financial interest, direct or indirect, or by reason of
ownership of stock or shares of a business entity, or in any contract with the Town, or in the sale of
any land, material, supplies or services to the Town or to a contractor supplying the Town shall make
known that interest and shall refrain from voting upon or otherwise participating in his capacity as a
Town officer or employee in the making of such sale or in the making or performing of such contract.
Any Town officer or employee who knowingly or intentionally conceals such a financial interest or
knowingly or intentionally violates the requirements of this section shall be guilty of malfeasance in
office or position and shall forfeit his office or position.
Violation of this section with the knowledge, express or implied, of the person or corporation
contracting with or making a sale to the Town shall render the contract or sale voidable by the Town
Manager or the Council.
4.18 Accepting Gifts, Etc.
No officer or employee of the Town shall ever solicit, agree to accept or accept, directly or indirectly,
any gift, favor or privilege from any public utility corporation, or other corporation, person or persons,
enjoying a grant, contract, franchise, privilege or easement from or with said Town, during the term of
office of such officer, or during such employment of such employee, except as may be authorized by
law, resolution or ordinance. Any officer or employee of the Town who shall violate a provision of this
section shall forfeit his office.
In addition to the penalties imposed by State law for a violation of this section, any person convicted
of a violation of this Section shall be ineligible for a period of five (5) years following such conviction
to hold any Town office or position and, if an officer or employee of the Town, shall immediately
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forfeit his office or position. The Council may establish by ordinance such further penalties as it may
deem appropriate.
*
Article V. Nominations and Elections
5.01 Elections
The general Town election shall be held annually on a date in accordance with the laws of the State
of Texas and as established by Town ordinance, commencing in the year 2009 at which time officers
will be elected to fill those offices which become vacant that year. The Council may, by ordinance,
order a special election, fix the time and place for holding same and provide all means for holding
such special election.
The Mayor and six (6) Councilmembers shall be elected and serve in the following manner:
(a) The Mayor shall have a three-year term beginning with the May 2011 election.
(b) Councilmembers elected at the May 2009 election shall draw lots to determine
Places 1 and 2. Places 1 and 2 shall receive a two-year term at the May 2009 election;
thereafter, Places 1 and 2 shall have three year terms.
(c) Councilmembers elected at the May 2008 election shall draw lots to determine
Places 3, 4, and 5. At the May 2010 election, Places 3 and 4 shall receive two year terms
and Place 5 shall receive a three year term; thereafter, Places 3, 4, and 5 shall have
three-year terms.
(d) A Councilmember shall be elected to Place 6 at the November 2013 election for an
initial term of office expiring at the May, 2016 election; thereafter Place 6 shall have three
year terms.
(e) The candidate for Mayor who receives a majority of all votes cast for all the
candidates for such office at the election shall be declared elected.
(f) The candidate for election to each Place on the Council, who receives a majority of
all votes cast for all the candidates for such Place at the election, shall be declared
elected.
(g) In the event any candidate for an office fails to receive a majority of all votes cast for
all the candidates for such office at such election, the Town Council shall, upon
completion of the official canvass of the ballots, issue a call for a runoff election to be held
within thirty (30) days following the issuance of such call, or in accordance with the Texas
Election Code. The two (2) candidates receiving the highest number of votes (or three (3)
persons in case of tie for second place) for any such office in the first election shall be
placed upon the ballot to be voted on in such runoff election; and, in case of a tie vote in
the runoff election or in the first election if there are only two (2) candidates, as to the two
(2) candidates, the Council shall order subsequent elections in the same manner as the
runoff election until the tie vote between the two (2) candidates has been resolved. (See
Editor's note 1 below)
(h) Except as specifically provided in this section, in the case of a tie vote as between
two (2) or more candidates, a special election shall be called by the Council in
accordance with the Texas Election Code. If the tie does not prevent the filling of the
vacancies then the special election shall not be required. (See Editor's note 2 below)
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(Subsections (a)Î(e) amended, subsections (f) and (g) added by May 9, 2009 election, effected by
Ordinance 2009-12, prop. 4, adopted 5/18/09. Subsection 5.01(e) added by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 13, adopted 5/18/09 and renumbered to subsection (h) by
Ordinance 2009-21 adopted 8/24/09. First two paragraphs and subsection (d) amended by May 11,
2013 election, effected by Ordinance 2013-15, prop. 18, adopted 5/21/13)
Editor's note 1Î Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the integration of
two propositions into one section. For clarification, proposition #4 made the following changes: Deleted the
original 5.01(e) which read ÐExcept as specifically provided in this section, in the case of a tie vote as between
two (2) or more candidates, a special election shall be called by Council. The Council shall order a special
election not less than thirty (30) days nor more than forty (40) days after the regular election to resolve the tie
vote as between such candidates. If the tie does not prevent the filling of the vacancies then the special
election shall not be required.Ñ Added subsections Ð(e) The candidate for Mayor who receives a majority of all
votes cast for all the candidates for such office at the election shall be declared elected. (f) The candidate for
election to each Place on the Council, who receives a majority of all votes cast for all the candidates for such
Place at the election, shall be declared elected. (g) In the event any candidate for an office fails to receive a
majority of all votes cast for all the candidates for such office at such election, the Town Council shall, upon
completion of the official canvass of the ballots, issue a call for a runoff election to be held within thirty (30)
days following the issuance of such call, or in accordance with the Texas Election Code. The two (2)
candidates receiving the highest number of votes (or three (3) persons in case of tie for second place) for any
such office in the first election shall be placed upon the ballot to be voted on in such runoff election; and, in
case of a tie vote in the runoff election or in the first election if there are only two (2) candidates, as to the two
(2) candidates, the Council shall order subsequent elections in the same manner as the runoff election until the
tie vote between the two (2) candidates has been resolved.Ñ
Editor's note 2Î Ref 5.01(e) and 5.01(h). The 2009 election ballot language did not allow for the integration of
two propositions into one section. For clarification, proposition #13 made the following changes: First sentence,
following the word ÐbyÑ deleted the word ÐCouncilÑ at the end of the sentence and following the word ÐbyÑ added
Ðthe Council in accordance with the Texas Election Code.Ñ Deleted a second sentence which read ÐThe Council
shall order a special election not less than thirty (30) days nor more than forty (40) days after the regular
election to resolve the tie vote as between such candidates.Ñ
State law referenceÎ Date for election of officers, V.T.C.A., Local Government Code, sec. 26.042.
5.02 Regulation of Elections
All general and special elections shall be held in accordance with the laws of the State of Texas
regulating the holding of municipal elections and in accordance with this Charter and ordinances or
resolutions adopted by the Council for the conduct of elections. The Council shall appoint the
Election Judges and other election officials and shall provide for the compensation of all election
officials in the Town elections and for all other expenses in holding said elections.
State law referenceÎ Appointment of election judges, V.T.C.A., Election Code, sec. 32.005.
5.03 Special Elections
The Council may call such special elections as are authorized by the State law, this Charter or for
any other reason the Council deems necessary. The Council shall fix the time and place of holding
same, and provide all means for holding such special elections in accordance with State law.
5.04 Filing for Office
(a) Each candidate for an elective office shall meet the qualifications set forth in Section 3.02 of
this Charter.
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(b) Any person so qualified who desires to become a candidate for election shall file an application
with the Town Secretary, in accordance with the Texas Election Code, as amended, and all other
applicable laws.
(c) Within five (5) days after the filing of an application, the Town Secretary shall notify the
candidate whether or not the application satisfied the requirements prescribed by this Charter. If an
application is found insufficient, the Town Secretary shall return it immediately to the candidate with a
statement certifying wherein it is insufficient. Within the regular time for filing applications, a new
application may be filed by the same candidate. The Town Secretary shall keep on file all
applications found sufficient at least until the expiration of the term of which the candidates are
nominated in those applications.
(d) If any member of a board, commission or corporation appointed by the Council shall become a
candidate for election to any public office of the Town, he shall immediately upon his being elected,
forfeit his place as a member of such board, commission or corporation.
(e) If any employee of the Town becomes a candidate for election to any public office of the Town
they shall, immediately upon becoming a candidate, forfeit the employment held with the Town.
(f) If any sitting Council member files to become a candidate for another public office, he shall
resign his current seat upon filing for the new office.
(Subsection (f) added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 5, adopted
5/18/09)
State law referencesÎ Eligibility for public office, V.T.C.A., Election Code, sec. 141.001 et seq.; candidates for
city office, V.T.C.A., Election Code, ch. 143.
5.05 The Official Ballot
(a) Candidates Names on Ballots: The names of all candidates who have filed for office shall be
printed on the official ballots without party designation. The order on the ballot of the names of the
candidates for each office or position shall be determined by lot in a drawing to be held under the
supervision of the Town Secretary, or as otherwise required by State law.
(b) Early voting shall be governed by the Texas Election Code.
State law referenceÎ Ballot form, content and preparation, V.T.C.A., Election Code, ch. 52.
5.06 Canvassing and Election Results
Returns of every municipal election shall be delivered forthwith by the Election Judges to the Town
Secretary with a copy of the returns sent to the Mayor. The Council shall canvass the returns,
investigate the qualifications of the candidates and declare the official results of the election in
accordance with the Texas Election Code, including without limitation, any provision that alters the
requirements of this Charter. The results of every municipal election shall be recorded in the minutes
of the Council. The qualified person receiving a majority of the votes cast for any office shall
thereupon be declared elected by said Council. The decision of the Council, as to qualifications of
candidates, shall be conclusive and final for all purposes.
(Section 5.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop. 13, adopted 5/21/13)
State law referenceÎ Canvassing elections, V.T.C.A., Election Code, ch. 67.
5.07 Notification of Town Officers
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The Town Secretary, with the concurrence of the Council, shall promptly notify all persons elected to
office. A candidate who is elected in a regular or special Town election shall, after taking the oath of
office as prescribed herein, take office, and enter upon his duties at the next Council meeting at
which he is legally eligible to participate.
5.08 Oath of Office
Every officer of the Town, whether elected or appointed, shall take the oath of office as prescribed by
the Texas Constitution or other applicable law prior to assuming office.
State constitution referenceÎ Oath of office, Texas Constitution, art. 16, sec. 1.
Article VI. Recall
6.01A Scope of Recall
Any elected Town official shall be subject to recall and removal from office by the qualified voters of
the Town on any one or more of the following grounds: incompetency, misconduct, malfeasance in
office or who knowingly or intentionally violates any express prohibition of the Charter.
In this section:
(a) ÐIncompetencyÑ means (a) gross ignorance of official duties; or (b) gross
carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and
properly discharge official duties because of a serious mental or physical defect that did
not exist at the time of the officer's election. The term is used in a sense that the Town
official has exceeded his or her authority by defying or overruling lawful actions done by
the Town Council.
(b) ÐOfficial misconductÑ means intentional unlawful behavior relating to official duties
by a Town Official entrusted with the administration of justice or the execution of the law.
The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to
perform a duty imposed on the officer by law.
(c) ÐMalfeasanceÑ means the doing of an act by a Town Official through ignorance,
inattention, or malice, which act the official had no legal right or authority to do, or which
act exceeds or abuses the official's rightful authority or powers; or the failure to do an act
which the Town Official had a legal duty to do.
(Section 6.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14, adopted
5/18/09 and renumbered to 6.01A by Ordinance 2009-21 adopted 8/24/09. Introductory paragraph
amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 14, adopted 5/21/13)
Editor's noteÎ Former Section 6.01 pertaining to scope of recall and amended by May 9, 2009 election,
effected by Ordinance 2009-12, prop. 4, adopted 5/18/09 was repealed by May 11, 2013 election, effected by
Ordinance 2013-15, prop. 14, adopted 5/21/13.
6.02 Petition for Recall
Before the question of recall of such officer shall be submitted to the qualified voters of the Town, a
petition demanding such question to be so submitted shall first be filed with the person performing
the duties of the Town Secretary, which petition shall be signed by a number equal to at least twenty
percent (20%) of those who were qualified voters on the date of the last regular municipal election as
determined from the list of qualified voters maintained by the County Election Administrator. All
signatures must be in compliance with the requirements set out in the Texas Election Code.
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(Section 6.02 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13, adopted
5/18/09)
6.03 Form of Recall and Oath
The recall petition must be addressed to the Council, must distinctly and specifically point out the
ground or grounds upon which such petition for removal is predicated and, if there be more than one
(1) ground, such as for incompetency, misconduct, or malfeasance in office shall specifically state
each ground with such certainty as to give the Officer sought to be removed notice of the matters
and things with which he is charged on each ground. The signature shall be verified by oath in the
following form:
STATE OF TEXAS §
COUNTY OF ________ §
I, ____________, being first duly sworn, on oath depose and say that I am one of
the signers of the above petition and that each signature appearing thereto was
made in my presence on the day and date it purports to have been made, and I
solemnly swear that the same is the genuine signature of the person whose name it
purports to be.
Subscribed and sworn to before me this ______ day of ____________, ____.
__________________________
Notary Public, ____________ County, Texas
(Section 6.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14, adopted
5/18/09)
6.04 Procedure After Filing Petition for Recall
(a) Upon the filing of a petition, the Town Secretary shall review the petition to determine the
existence of the requisite number of signatures of qualified voters and whether the form of the
petition complies with the provisions of this Charter. The Town Attorney shall review the petition for
legal sufficiency.
(b) Within ten (10) business days after the petition is filed, the Town Secretary shall complete a
certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and
shall promptly send a copy of the certificate to the person(s) who filed the petition by registered mail.
(c) A petition certified insufficient for lack of the required number of valid signatures or due to
inadequate form or content may be amended once if each of the following requirements are met:
(1) the person(s) who filed the petition with the Town Secretary files a notice of
intention to amend it with the Town Secretary within five (5) business days after receiving
the copy of this certificate via registered mail; and,
(2) such person(s) also file a supplementary petition upon additional papers within ten
(10) business days after receiving the copy of such certificate. Such supplementary
petition shall comply with the requirements of section 6.02. Within five (5) business days
after the supplementary petition is filed, the Town Secretary shall complete a certificate as
to the sufficiency of the petition as amended and promptly send a copy of such certificate
to the person(s) who filed the petition for recall via registered mail as in the case of an
original petition.
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(d) If a petition or amended petition is certified sufficient and in compliance with the terms of this
Article of the Charter, the Town Secretary shall present this certificate to the Council at its next
regular Council meeting or special meeting called for this purpose and immediately shall notify the
Councilmember whose removal is sought and provide him with a copy of his petition by registered or
certified mail.
(e) No signature to a recall petition shall remain effective or be counted if it was placed upon the
petition more than forty-five (45) days prior to filing of the recall petition with the Town Secretary.
(f) If the Councilmember whose removal is sought does not resign within seven (7) days after the
certified petition is presented to the Council, the Council, at its next regular meeting or at a specially
called meeting, shall order a recall election. The date selected for the recall election shall be the
earliest available date in accordance with the Texas Election Code for which all legal requirements to
verify the petition and call the election may be met.
(Subsection (g) deleted by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09 and subsection (f) amended by May 9, 2009 election, effected by 2009-12, prop. 13, adopted
5/18/09)
6.05 Public Notice
The Council shall make or cause to be made publication or notice and provide for holding such
election for the successor Councilmember, and the same shall be conducted, and the result thereof
declared in all respects as other Town elections.
6.06 Official Ballot
Any Officer so elected shall hold office only during the unexpired term of his predecessor. Any
person sought to be removed may be a candidate to succeed himself and, unless he requests
otherwise in writing, the Town Secretary shall place his name on the official ballot without
nomination. The names of other candidates for such position shall be placed on the official ballot in
the same manner as provided in Article V of this Charter. At such election, the candidate receiving a
majority of all votes cast for such office, according to the rules regulating the election of
Councilmembers as set forth in this Charter, shall be declared elected. At such election, if some
person other than the incumbent receives a majority of all votes cast for such office, the incumbent
shall thereupon be deemed removed from the office upon the qualification of his successor. In case
the party who receives a majority of all votes cast at said election should fail to qualify within the (10)
days after receiving notification of his election, the office shall then become vacant. If the incumbent
receives a majority of all votes cast at such election, he shall continue in office and shall not be
subject to any other recall for any grounds existing prior to said election. In the event that a runoff
election is required, the procedure set forth shall be followed.
(Section 6.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted
5/18/09)
6.07 Recall Petition Prohibited
No recall petition shall be filed against any Officer of the Town within six (6) months after his election,
nor within six (6) months after an election for such Officer's recall\[.\]
6.08 Refusal of Recall Petition
In case all of the requirements of this Charter shall have been met and the Council shall fail or refuse
to receive the recall petition, or order such recall election, or discharge any other duties imposed
upon said Council by the provisions of this Charter with reference to such recall, then the County
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Judge of Denton County, Texas, shall discharge any of such duties herein provided to be discharged
by the person performing the duties of Town Secretary, or by the Council.
Article VII. Legislation By The People, Initiative and Referendum
7.01 Initiative Generally
The people of the Town reserve the power of direct legislation by initiative, and in the exercise of
such power, may propose any ordinance not in conflict with this Charter, the State Constitution or the
State laws, except an ordinance appropriating money or authorizing the levy of taxes or an ordinance
repealing an ordinance appropriating money or levying taxes.
7.02 Petition
Qualified voters of the Town may initiate legislation by submitting a petition addressed to the Council
which requests the submission of a proposed ordinance or resolution to a vote of the qualified voters
of the Town. Said petition must be signed by qualified voters of the Town equal in number to twenty
(20) percent of the number of qualified voters at the last regular municipal election of the Town, and
each copy of the petition shall have attached to it a copy of the proposed legislation. The petition
shall be signed in the same manner as recall petitions are signed, as provided in Section 6.02 of this
Charter, and shall be verified by oath in the manner and form provided for recall petitions in Section
6.03 of this Charter. The petition may consist of one or more copies as permitted for recall petitions
in Section 6.04 of this Charter. Such petitions shall be filed with the person performing the duties of
Town Secretary, who after verification of the petition as provided in Section 6.04 of this Charter, shall
present the petition and proposed ordinance or resolution to the Council at its next regular or special
meeting called for this purpose. Upon presentation to the Council of the petition and draft of the
proposal, ordinance or resolution, it shall become the duty of the Council, within the twenty (20) days
from the date of presentation to determine whether the proposed ordinance complies with Section
7.01 and to either vote to adopt such ordinance or resolution without alteration as to meaning or
effect or to call a special election. A special election shall be held on the earliest available date in
accordance with the Texas Election Code for which all legal requirements to verify the petition and
call the election may be met. At the election, the qualified voters of the Town shall be allowed the
opportunity to vote on the question of adopting or rejecting the proposed legislation. However, if any
other municipal election is to be held within sixty (60) days after the filing of the petition, the question
may be voted on at such election.
(Section 7.02 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13, adopted
5/18/09)
7.03 Referendum
Qualified voters of the Town may require that any ordinance or resolution passed by the Council be
submitted to the voters of the Town for approval or disapproval by submitting a petition for this
purpose within forty-five (45) days after the ordinance or resolution becomes effective. Said petition
shall be addressed, prepared, signed and verified as required for petitions initiating legislation as
provided in Section 7.02 of this Charter and shall be submitted to the person performing the duties of
Town Secretary. The Town Secretary shall present the petition to the Council at its next regular or
special meeting called for this purpose. Upon presentation of the petition to the Council, it shall
become the duty of the Council, within twenty (20) days from the date of presentation to reconsider
such ordinance or resolution. If Council does not repeal the ordinance or resolution either in its
entirety or as specified in the petition, Council shall call a special election. Pending the holding of
such election, such ordinance or resolution shall be suspended and shall not later take effect unless
a majority of the qualified voters voting thereon at such election shall vote in favor thereon. A special
election shall be held on the earliest available date in accordance with the Texas Election Code for
which all legal requirements to verify the petition and call the election may be met. At the election,
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the qualified voters of the Town shall be allowed the opportunity to vote on the question of approving
or disapproving the ordinance or resolution. However, if any other municipal election is to be held
within sixty (60) days after the filing of the petition, the question may be voted on at such election.
(Section 7.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13, adopted
5/18/09)
7.04 Voluntary Submission of Legislation by the Council
The Council, upon its own motion and by a majority vote of its members, may submit to popular vote
at any election for adoption or rejection any proposed ordinance or resolution or measure, or may
submit for repeal any existing ordinance, resolution or measure, in the same manner and with the
same force and effect as provided in this Article for submission on petition, and may in its discretion
call a special election for this purpose.
7.05 Form of Ballots
The ballots used when voting upon such proposed and referred ordinances, resolutions or measures,
shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the
words: ÐFOR the ORDINANCE,Ñ and ÐAGAINST the ORDINANCE,Ñ or ÐFOR the RESOLUTION,Ñ and
ÐAGAINST the RESOLUTIONÑ.
7.06 Publication of Proposed and Referred Ordinances
The person performing the duties of Town Secretary shall publish the proposed or referred ordinance
or resolution in accordance with State law, and shall give such other notices and do such other
things relative to such election as are required in general municipal elections or by the ordinance or
resolution calling said election.
7.07 Adoption of Ordinances
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure shall
vote in favor thereof, it shall thereupon, or at any time fixed therein, become effective as a law or as
a mandatory order of the Council.
7.08 Inconsistent Ordinances
If the provisions of two or more proposed ordinances or resolutions approved at the same election
are inconsistent, the ordinance or resolution receiving the highest number of votes shall prevail.
7.09 Ordinances Passed by Popular Vote: Repeal or Amendment
No ordinance or resolution which may have been passed by the Council upon a petition or adopted
by popular vote under the provisions of this Article shall be repealed or amended except by the
Council in response to a referendum petition or by submission as provided in Section 7.04 of this
Charter.
7.10 Further Regulations by Council
The Council may pass ordinances or resolutions providing other and further regulations for carrying
out the provisions of this Article not inconsistent herewith.
*
Article VIII. Municipal Planning and Zoning
8.01 State Law Adopted - Zoning
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The Council shall have the power and authority to zone the Town and to pass all necessary
ordinances, rules and regulations governing same, under and by virtue of the authority given to cities
and the legislative bodies thereof by the Texas Local Government Code, together with all
amendments which may hereafter be made thereto, and all other applicable law.
State law referenceÎ Municipal zoning authority, V.T.C.A., Local Government Code, ch. 211.
8.02 State Law Adopted - Subdivision Regulation
The Council shall have the power and authority to regulate the layout, development and platting of
the subdivisions of land within the Town and its extraterritorial jurisdiction and to pass all necessary
ordinances, rules and regulations governing same, under and by virtue of the authority given to cities
and the legislative bodies thereof by the Texas Local Government Code, together with all
amendments which may hereafter be made thereto, and all other applicable law.
State law referenceÎ Regulation of subdivision and property development, V.T.C.A., Local Government Code,
ch. 212.
8.03 The Planning and Zoning Commission
There shall be established a Planning and Zoning Commission which shall consist of seven (7)
citizens from the Town. The members of said Commission shall be appointed by the Council for a
term of two (2) years. Four (4) members of the Planning and Zoning Commission shall be so
appointed each odd-numbered year and three (3) members shall be so appointed each even-
numbered year. The Council shall appoint a chairman from among the Commission's membership.
Vacancies and unexpired terms shall be filled by the Council for the remainder of the term. A majority
of the members shall constitute a quorum.
A member of the Commission may be removed by a majority vote of the Council. If a vacancy occurs
upon the Planning and Zoning Commission, by either resignation or otherwise, the Council shall
appoint a commissioner to fill such a vacancy for the unexpired term. The Commission shall keep
minutes of its proceedings which shall be a public record. No member of the Planning and Zoning
Commission shall hold another salaried or elected Town office.
State law referenceÎ Authority of municipality to establish planning and zoning commission, V.T.C.A., Local
Government Code, sec. 211.007.
8.04 Purpose, Objective, Power and Duties
The Planning and Zoning Commission is created to act as an advisory board to the Council in
matters relating to the physical development of the Town. The Commission is expected to advise the
Council on matters relating to the zoning and planning of land and related public improvements, civic
improvements, opening, widening, and changing of streets, routing of public utilities, development of
regulatory ordinances, annexation proposals/plans and such other matters related to Town
improvements as the Commission and Council may deem beneficial to the Town. In addition to the
other duties and authority that the Commission may have under state law or under Town ordinance,
the specifically delegated duties of the Commission shall be as follows:
(a) Recommend a comprehensive master plan for the physical development of the
Town together with its related components;
(b) Conduct periodic reviews of the Town's comprehensive master plan and its
component elements to recommend modifications, changes, revisions or updates to
ensure that the comprehensive master plan adequately and accurately reflects the policy,
goals and objectives of the Town;
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(c) Hold required public hearings on any proposed changes to the zoning plan, map,
and ordinances of the Town for the purpose of making recommendations to the Council
on the reasonableness of these proposals;
(d) Recommend any change to the zoning plan, map or ordinances of the Town where
the Commission deems it necessary in the furtherance of the Town's comprehensive
master plan;
(e) Conduct appropriate hearings on any proposals for the subdivision/platting of land
within the corporate limits of the Town and its extraterritorial jurisdiction pursuant to the
provisions of State law and requirements of the Town's subdivision regulation ordinances.
The Commission shall take action on those proposals as it deems appropriate and
conforming to the requirements of the Town's comprehensive master plan. The
Commission shall ensure that proposals for subdivision or development of land are
consistent with the Town's plan components as an element of the review process. As an
element of this Charter, the Town has determined that it is a reasonable legislative
enactment to require subdivision plats to conform to the Town's comprehensive master
plan and failure to achieve conformance shall be a legitimate ground for the denial of a
development proposal; and,
(f) The Commission shall hold such hearings and meetings as are mandated by the
Council on any matter determined appropriate by Council to secure information for the
purpose of making recommendations to the Council.
8.05 Board of Adjustment
The Council shall appoint a Board of Adjustment which shall have all of the powers and authority as
set forth by State law, as amended, and other applicable laws, and such additional powers and
privileges as may be duly assigned to it by the ordinances of the Town.
State law referenceÎ Establishment and authority of zoning board of adjustment, V.T.C.A., Local Government
Code, sec. 211.008 et seq.
8.06 Comprehensive Master Plan
No later than two (2) years after the adoption of this Charter, the Council shall adopt a
comprehensive master plan projecting for at least five (5) years the growth and physical development
of the Town pursuant to the provisions of State law. The Council shall establish and adopt by
ordinance a procedure for periodic review and/or revision of the comprehensive master plan. The
Town may adopt the comprehensive master plan by resolution or by ordinance following a public
hearing upon which public input is received. The purpose of the comprehensive master plan is to
guide the growth and development of the Town and to establish the standards that the Town will
seek to attain through the adoption of its development regulations to include its zoning regulations,
subdivision regulations, building and construction regulations, landscaping regulations, signage
regulations and other related police power enactments. The comprehensive master plan shall identify
the goals and objectives of the community for growth and development and shall serve as the basis
of the Town's capital improvement program for the development and construction of public works
infrastructure.
*
Article IX. Budget, Finance and Taxation
9.01 Fiscal Year
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The fiscal year of the Town shall begin on the first (1st) day of October and end on the last (30th) day
of September of each calendar year. Such fiscal year shall also constitute the budget and accounting
year.
State law referencesÎ General fiscal power to establish fiscal year, V.T.C.A., Local Government Code, sec.
101.022; city fiscal year, V.T.C.A., Tax Code, sec. 1.05.
9.02 Submission
The Town Manager shall submit to the Council a proposed budget and accompanying message each
year in accordance with the requirements of State law.
(Section 9.02 added and former Section 9.02 renumbered to 9.04 by May 9, 2009 election, effected
by Ordinance 2009-12, prop. 19, adopted 5/18/09; amended by November 3, 2015 election, effected
by Ordinance 2015-41 adopted 11/13/15)
State law referenceÎ Annual budget required, V.T.C.A., Local Government Code, sec. 102.002.
9.03 Budget Message
The Town Manager's message shall explain the budget both in fiscal terms and in terms of the work
programs, linking those programs to organizational goals and community priorities. It shall outline the
proposed financial policies of the Town for the ensuing fiscal year and the impact of those policies on
future years. It shall describe the important features of the budget, indicate any major changes from
the current year in financial policies, expenditures, and revenues together with the reasons for such
changes, summarize the Town's debt position, including factors affecting the ability to raise
resources through debt issues, and include such other material as the Town Manager deems
desirable.
(Section 9.03 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12, prop.
19, adopted 5/18/09)
9.04 Budget
The budget shall provide a complete financial plan of all Town funds and activities for the ensuing
fiscal year and, except as required by law or this charter, shall be in such form as the Town Manager
deems desirable or the Council may require for effective management and an understanding of the
relationship between the budget and the Town's strategic goals. The budget shall begin with a clear
general summary of its contents; shall show in detail all estimated income citing the source or basis
of the estimates, indicating the proposed property tax levy, and all proposed expenditures, including
debt service, for the ensuing fiscal year; and shall be so arranged as to show comparative figures for
actual and estimated income and expenditures of the current fiscal year and actual income and
expenditures of the three prior fiscal years and the projected budgets for the next three fiscal years;
the total of the proposed expenditures shall not exceed the total estimated income and the balance
of available funds. The budget shall indicate in separate sections:
(a) The proposed goals and expenditures for current operations during the ensuing
fiscal year, detailed for each fund by department or by other organization unit, and
program, purpose or activity, method of financing such expenditures, and methods to
measure outcomes and performance related to the goals;
(b) Proposed longer term goals and capital expenditures during the ensuing fiscal year,
detailed for each fund by department or by other organization unit when practicable, the
proposed method of financing each such capital expenditure, and methods to measure
outcomes and performance related to the goals; and
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(c) The proposed goals, anticipated income and expense, profit and loss for the
ensuing year for each utility or other enterprise fund or internal service fund operated by
the Town, and methods to measure outcomes and performance related to the goals. For
any fund, the total of proposed expenditures shall not exceed the total of estimated
income plus carried forward fund balance exclusive of reserves.
(Section 9.04 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12, prop.
19, adopted 5/18/09; subsections (1)Î(3) renumbered to (a)Î(c) by Ordinance 2015-43, sec. 2.02,
adopted 12/8/15)
State law referenceÎ Itemized budget and contents, V.T.C.A., Local Government Code, sec. 102.003.
9.05 Council Action on Budget
(a) Budget Preparation. The Council shall provide to the Town Manager goals for the next fiscal
period, by the end of January of the current fiscal year.
(b) Notice and Hearing. The Council shall review the proposed budget and revise it as deemed
appropriate prior to general circulation for public hearing. The Council shall publish the general
summary of the budget and a notice stating:
(1) The times and places where copies of the message and budget are available for
inspection by the public, and
(2) The time and place, not less than two weeks after such publication, for public
hearings on the budget.
(c) Amendment Before Adoption. After the public hearing, the Council may adopt the budget with
or without amendment. In amending the budget, it may add or increase programs or amounts and
may delete or decrease any programs or amounts, except expenditures required by law or for debt
service or for an estimated cash deficit, provided that no amendment to the budget shall increase the
authorized expenditures to an amount greater than total estimated income plus the balance of
available funds.
(d) Adoption. The Council shall adopt the budget by ordinance not later than the 30th day of
September. Adoption of the budget shall constitute appropriations of the amount specified as
expenditures from the fund indicated.
(e) Failure to Adopt a Budget. If the Council fails to adopt the budget by the beginning of the fiscal
year, the amounts appropriated for the current fiscal year shall be deemed adopted for the ensuing
fiscal year until the Council adopts a budget for the ensuing fiscal year.
(f) ÐPublishÑ defined. As used in this article, the term ÐpublishÑ means to print in the contemporary
means of information sharing, which includes but is not limited to, one or more newspapers of
general circulation in the Town, and, if available, in a web site.
(Section 9.05 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12, prop.
19, adopted 5/18/09)
State law referencesÎ Public hearing on proposed budget, V.T.C.A., Local Government Code, sec. 102.006;
special notice by publication for budget hearing, V.T.C.A., Local Government Code, sec. 102.0065; adoption of
budget, V.T.C.A., Local Government Code, sec. 102.007.
9.06 Amendment after Adoption
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(a) Supplemental Appropriations. If during or before the fiscal year the Town Manager certifies that
there are available for appropriation revenues in excess of those estimated in the budget, the Council
by ordinance may make supplemental appropriations for the year up to the amount of such excess\[.\]
(b) Emergency Appropriations. To address a public emergency affecting life, health, property or
the public peace, the Council may make emergency appropriations. Such appropriations may be
made by emergency ordinance. To the extent that there are no available unappropriated revenues or
a sufficient fund balance to meet such appropriations, the Council may by such emergency
ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but
the emergency notes and renewals of any fiscal year shall be paid or refinanced as long term debt
not later than the last day of the fiscal year next succeeding that in which the emergency
appropriation was made.
(c) Reduction of Appropriations. If at any time during the fiscal year it appears probable to the
Town Manager that the revenues or fund balances available will be insufficient to finance the
expenditures for which appropriations have been authorized, the Town Manager shall report to the
Council without delay, indicating the estimated amount of the deficit, any remedial action taken by
the Town Manager and recommendations as to any other steps to be taken. The Council shall then
take such further action as it deems necessary to prevent or reduce any deficit and for that purpose it
may by ordinance reduce or eliminate one or more appropriations.
(d) Transfer of Appropriations. At any time during or before the fiscal year, the Council may by
resolution transfer part or all of the unencumbered appropriation balance from one department, fund,
service, strategy or organizational unit to the appropriation for other departments or organizational
units or a new appropriation. The Town Manager may transfer funds among programs within a
department, fund, service, strategy or organizational unit and shall report such transfers to the
Council in writing in a timely manner.
(e) Limitation. No appropriation for debt service may be reduced or transferred, except to the
extent that the debt is refinanced and less debt service is required, and no appropriation may be
reduced below any amount required by law to be appropriated or by more than the amount of the
unencumbered balance thereof.
(f) Effective Date. The supplemental and emergency appropriations and reduction or transfer of
appropriations authorized by this section may be made effective immediately upon adoption.
(Section 9.06 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12, prop.
19, adopted 5/18/09)
State law referencesÎ Levy of taxes and expenditure of funds under budget, emergency expenditure, V.T.C.A.,
Local Government Code, sec. 102.009; changes in budget for municipal purposes, V.T.C.A., Local
Government Code, sec. 102.010.
9.07 Administration and Fiduciary Oversight of the Budget
The Council shall provide by ordinance the procedures for administration and fiduciary oversight of
the budget.
(Section 9.07 repealed and replaced by May 9, 2009 election, effected by Ordinance 2009-12, prop.
19, adopted 5/18/09)
9.08 Capital Program
(a) Submission to Council. The Town Manager shall prepare and submit to the Council a five (5)
year capital program before the first day of August of each year. The capital program shall be revised
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and extended each year with regard to capital improvements still pending or in process of
construction or acquisition.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) Identification of the long-term goals of the community as identified by the Council;
(3) A list of all capital improvements (facilities and property) and other capital
expenditures which are proposed to be undertaken during the five (5) fiscal years next
ensuing, with appropriate supporting information as to the necessity for each;
(4) Cost estimates and recommended time schedules for each improvement or other
capital expenditure;
(5) Method of financing upon which each capital expenditure is to be reliant;
(6) The estimated annual cost of operating and maintaining the facilities to be
constructed or acquired;
(7) A commentary on how the plan addresses the sustainability of the community and
the region of which it is a part; and
(8) Methods to measure outcomes and performance of the capital plan related to the
long-term goals of the community.
(Section 9.08 added and former Section 9.08 renumbered to 9.10 by May 9, 2009 election, effected
by Ordinance 2009-12, prop. 19, adopted 5/18/09. Subsection (a) amended by May 11, 2013
election, effected by Ordinance 2013-15, prop. 15, adopted 5/21/13)
State law referenceÎ Financing capital improvements required by new development, V.T.C.A., Local
Government Code, ch. 395.
9.09 Audit and Examination of Town Books and Accounts
The Council shall cause an independent annual audit to be made of the books and accounts of every
department of the Town and may provide for more frequent audits as it deems necessary. Such audit
shall be made by a Certified Public Accountant who shall be selected by the Council and who shall
have no interest, direct or indirect, in the financial affairs of the Town government or in any of its
officers. The Council may designate such accountant or firm annually or for a period not exceeding
two (2) years, provided that the designation for any particular year shall be made no later than thirty
(30) days after the beginning of such fiscal year. Nothing herein shall prevent the Council from
redesignating the same accountant or firm which has previously been designated to prepare an
audit. No Certified Public Accountant shall serve more than six (6) consecutive years.
(Section 9.09 repealed and Section 3.20 renumbered to become the new Section 9.09 by May 9,
2009 election, effected by Ordinance 2009-12, prop. 19, adopted 5/18/09)
State law referenceÎ Audit of municipal finances, V.T.C.A., Local Government Code, ch. 103.
9.10 Defect Shall Not Invalidate Tax Levy
Errors or defects in the form or preparation of the budget or the failure to perform any procedural
requirements shall not nullify the tax levy or the tax rate.
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(Former Section 9.08 renumbered to 9.10 by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
9.11 Public Records
Copies of the approved operation budget, capital facilities and property budget and supporting
papers shall be filed with the Town Secretary and shall be public records available to the public for
inspection upon request\[.\]
(Former Section 9.10 renumbered to 9.11 by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
9.12 Specified Reserve Fund
Specified reserve funds may be created for specific purposes, and may be used only for such
purposes.
(Former Section 9.14 renumbered to 9.12 by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
9.13 Changes in Budget
The Council may make changes in the budget for any municipal purpose or as otherwise permitted
by law.
(Former Section 9.12 renumbered to 9.13 by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
State law referenceÎ Changes in budget for municipal purposes, V.T.C.A., Local Government Code, sec.
102.010.
9.14 Authority to Incur Indebtedness
The Council shall have the power to incur, create, refund and refinance indebtedness and borrow
money for public purposes, to issue special or general obligation bonds, revenue bonds, funding and
refunding bonds, time warrants, certificates of obligation and other evidences of indebtedness and to
secure and pay the same in the manner and in accordance with the procedures provided and
required by State law.
(Former Section 9.18 renumbered to 9.14 by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
State law referenceÎ Municipal bonds, V.T.C.A., Government Code, ch. 1331.
9.15 Bonds Incontestable
All bonds of the Town having been issued and sold and having been delivered to the purchaser
thereof, shall thereafter be incontestable and all bonds issued to refund in exchange for outstanding
bonds previously issued shall and after said exchange be incontestable.
(Former Section 9.19 renumbered to 9.15 by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
9.16 Borrowing in Anticipation of Property Tax
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In any budget year, the Council may, by resolution, authorize the borrowing of money in anticipation
of the collection of the property tax for the same year whether levied or to be levied. Notes may be
issued for periods not exceeding one (1) year and must be retired by the end of the budget year in
which issued.
(Former Section 9.20 renumbered to 9.16 by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
9.17 Use of Bond Funds
Any and all bond funds approved by a vote of the qualified voter\[s\] of the Town will be expended only
for the purposes stated in the bond issue and as otherwise authorized by law.
(Former Section 9.21 renumbered to 9.17 amended by May 9, 2009 election, effected by Ordinance
2009-12, prop. 19, adopted 5/18/09)
9.18 Power to Tax
The Council shall have the power to levy, assess and collect taxes within the jurisdiction of the Town
for any municipal purpose.
(Former Section 9.22 renumbered to 9.18 by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
State law referencesÎ Local taxation, V.T.C.A., Tax Code, ch. 301 et seq.; property taxes authorized, V.T.C.A.,
Tax Code, sec. 302.001; occupation taxes, V.T.C.A., Tax Code, sec. 302.101; tax collection powers, V.T.C.A,
Tax Code, sec. 302.102.
9.19 Tax Rate
The tax rate shall be calculated, publicized and adopted in accordance with State law.
(Former Section 9.23 renumbered to 9.19 by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
9.20 Other Rules and Regulations
Except as otherwise provided by law or this Charter, the Council shall have the power to provide by
ordinance or resolution such rules, regulations and mode of procedure to enforce and facilitate the
collection by and payment to the Tax Assessor and Collector of all taxes due the Town as it may
deem expedient, and may provide such penalty and interest as prescribed by State law for the failure
to pay such taxes.
(Former Section 9.24 renumbered to 9.20 by May 9, 2009 election, effected by Ordinance 2009-12,
prop. 19, adopted 5/18/09)
*
Article X. Franchises and Public Utilities
10.01 Inalienability of Control of Public Property
The right of control and use of the public streets, highways, sidewalks, bridges, alleys, parks, public
squares, and all public places and real property of the Town is hereby declared to be inalienable by
the Town, except by ordinances not in conflict with the provisions of this Charter. No act or omission
by the Council, an Officer or Agent of the Town, or any third party shall be construed to grant, renew,
extend, or amend, expressly or by estoppel or implication, any right, franchise, or easement affecting
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such public streets, highways, sidewalks, bridges, alleys, parks, public squares, and all public places
and real property of the Town, except as provided in this Charter.
10.02 Powers of the Town
The Town shall have the power, right and authority, to buy, construct, lease, maintain, operate and
regulate public utilities, and to manufacture, distribute and sell the output of such utilities' operations.
Additionally, the Town shall have all further rights, authorities, and powers as may now, or hereafter,
be granted under the Constitution and laws of the State of Texas.
10.03 Power to Grant Franchise
The Council shall have the power by ordinance, after public hearing, to grant, renew, and extend all
franchises of every character operating within the Town and to amend the same, provided, however,
that no franchise shall be granted for an indeterminate term. No grant or franchise to construct,
maintain, or operate and no renewal or extension of such grant shall be exclusive. All required
publication costs shall be paid by the franchisee.
(Section 10.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 24, adopted
5/18/09)
10.04 Franchise Value Not to be Allowed
In fixing reasonable rates and charges for utility service within the Town and in determining the just
compensation to be paid by the Town for the public utility property which the Town may acquire by
condemnation or otherwise, nothing shall be included as the value of any franchise granted by the
Town under this Charter.
10.05 Right of Regulation
All grants, removals, extensions, or amendments of public utility franchises approved after the
effective date of this Charter, whether or not it be specifically provided in the ordinance approving a
franchise or in a franchise agreement, shall be subject to right and power of the Council:
(a) To repeal the franchise ordinance at any time upon the failure of the grantee to
comply with any provision of the franchise ordinance, the Charter of the Town, an
applicable statute of the State of Texas, or the rules of any applicable governing body;
(b) To require proper and adequate extension of plant and service, and the
maintenance of the plant and fixtures at the highest reasonable standard of efficiency;
(c) To establish reasonable standards of service and quality of products and prevent
unjust discrimination in service or rates;
(d) At any time, to examine and audit the accounts and other records of any such utility,
and to require annual, and other reports, including reports on operations within the Town;
(e) To require at any time compensation and rental for use of public streets, sidewalks,
highways, bridges, alleys, and public places;
(f) To require the franchisee to restore at the franchisee's expense, all public or private
property to a condition equally as good as or better than before disturbed by construction,
repair or removal. The franchise holder in opening and refilling of all earth openings shall
repair the pavement and do all other work necessary to complete restoration of streets,
sidewalks or grounds to a condition equally as good or better as when disturbed;
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(g) To require every franchisee to furnish within a reasonable time to the Town, without
cost to the Town, a general map, with updates outlining the location, character, size,
length, and terminals of all facilities of such franchisee in, over, and under ground of
property in the Town and to provide detailed information on request in a format as
specified by the Town;
(h) To impose other regulations, requirements, and conditions as may be deemed
necessary to promote the health, safety, welfare, or accommodation of the public and to
insure safe, efficient and continuous service to the public;
(i) To require such compensation and rental as may be permitted by the laws of the
State of Texas; and,
(j) To require the franchisee to remove, at its sole expense, infrastructure that has not
been used for a period of six months or to require a franchisee whose franchise has
terminated for any reason to remove, at its sole expense, such infrastructure as the
Council may in its discretion require.
10.06 Consent of Property Owner
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 hereunder, shall ever be construed to deprive any such property owner of any right
of action for damage or injury to this property as now or hereafter provided by law.
10.07 Extensions
All extensions of public utilities within the town limits shall become a part of the aggregate property of
the public utility, shall be operated as such, and shall be subject to all the obligations and reserved
rights contained in this Charter and in any franchise grant made to such public utility. The right to use
and maintain any extensions shall terminate with the termination of the original franchise grant, and
shall be terminable as provided in Section 10.04 of this Charter. In case of an extension of a public
utility operated under a franchise hereafter granted, such right shall be terminable at the same time
and under the same conditions as the original grant.
10.08 Other Conditions
All franchises heretofore granted are recognized as contracts between the Town and the franchisee,
and the contractual rights, as contained in any such franchise shall not be impaired by the provisions
of this Charter, except that the power of the Town to exercise the right of eminent domain in the
acquisition of utility property is in all things reserved, and except the general power of the Town, to
regulate the rates and services of a grantee, which shall include the right to require proper and
adequate extension of plant and service and the maintenance of the franchise hereafter granted shall
be held subject to all the terms and conditions contained in the various sections of this article
whether or not such terms are specifically mentioned in the franchise. Nothing in this Charter shall
operate to limit in any way, as specifically stated, the discretion of the Council, or voters of the Town,
in imposing terms and conditions as may be reasonable in connection with any franchise granted.
10.09 Accounts of Municipally Owned Utilities
Accounts shall be kept for each public utility owned or operated by the Town, in such manner as to
show the true and complete financial results of such ownership and operation, including all assets
and all liabilities, appropriately 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 actual capital cost to the Town of each
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public utility owned, also the cost of all extensions, additions and improvements and the source of
funds expended for such capital purposes. They shall show as nearly as possible the cost of any
service to or rendered by any such utility to any Town department. The Council shall cause an
annual report to be made by a Certified Public Accountant and shall publish such report, showing the
financial results of such Town ownership and operation, giving the information specified in this
section and such other data as the Council shall deem expedient.
10.10 Sales of Electricity, Water and Sewer Service
(a) The Council shall have the right, power and authority to sell and distribute electricity and water,
and to sell and provide for sewer services, and any other utilities, to any person, firm or corporation
inside or outside the limits of the Town, and to permit them to connect with said system under
contract with the Town, under such terms and conditions as may appear to be for the best interest of
the Town.
(b) The Council shall have the right, power and authority to prescribe the kind of materials used
inside or outside the limits of the Town in the construction of electric, water and sewer utilities, where
it furnishes the service, and to inspect the same and require them to keep in good order and
condition at all times and to make such rules and regulations as shall be necessary and proper, and
prescribe penalties for noncompliance with same.
10.11 Regulation of Rates and Service
The Council shall have the absolute right, authority and power after due notice and hearing, to
regulate by ordinance, the rates and services of every franchise operating in the Town; and shall
have the power to employ, at the expense of the franchisee, expert assistance and advice in
determining a reasonable rate and equitable profit to the franchisee. The Council shall also have the
right, authority, and power to require at any time or times, detailed reports and financial statements
on the operations of any franchise, which reports and statements shall be in such form, and contain
such information, as the Council shall prescribe.
Article XI. General Provisions
11.01 Charter Authority
This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed
as a general grant of power, and not as a limitation of power on the government of the Town. Except
where expressly prohibited by this Charter, each and every power under the Constitution of Texas,
which it would be competent for the people of the Town to grant expressly to the Town, shall be
construed to be granted to the Town by this Charter.
11.02 Public Records
Access to the records of every office, department or agency of the Town shall be subject to public
inspection as provided by law. This section shall not be construed to require any action or measure
beyond that required by state law.
State law referencesÎ Public access to records, V.T.C.A., Local Government Code, sec. 201.009; public
information, V.T.C.A., Government Code, ch. 552.
11.03 Property Not Subject to Execution
No property owned or held by the Town shall be subject to any execution of any kind or nature. No
lien of any kind or character can be created, and none shall ever exist or be established, on or
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against the public buildings, property, public halls, parks, or public works or any other asset of the
Town.
State law referenceÎ Authority relating to property, V.T.C.A., Local Government Code, sec. 51.076.
11.04 Town Not Required to Give Security or Execute Bond
It shall not be necessary in any action, suit or proceeding in which the Town is a party, for any bond,
undertaking, or security to be demanded or executed by or on behalf of the Town in any of the State
courts, but in all such actions, suits, appeals or proceedings, same shall be conducted in the same
manner as if such bond, undertaking or security had been given as required by law.
State law referenceÎ Cities exempt from security for court costs, V.T.C.A., Civil Practice and Remedies Code,
sec. 6.002.
11.05 Notice of Injury or Damage
(a) Before the Town shall be liable for any claim for damages for the death or personal injuries of
any person or for damages to property, the complainant or his authorized representative shall notify
the Town Secretary in accordance with this Section. The notification shall be in writing and shall state
specifically how, when and where the death, injury or damage occurred; the amount of loss claimed;
and the identity of any witnesses upon whom it is relied to establish the claim. The notification shall
be filed within sixty (60) days of the date of injury or damage or in the case of death, within sixty (60)
days of the date of death.
(b) No provision of this section shall ever be so construed as to expand the ordinary liability of the
Town; and provided, that nothing herein contained shall be construed to mean that the Town, waives
any rights, privileges, defenses or immunities in tort actions which are provided under the common
law, the Constitution, and general laws of the State of Texas.
State law referencesÎ Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code, ch. 101; notice
procedures, V.T.C.A., Civil Practice and Remedies Code, sec. 101.101
11.06 Powers to Remit Penalties
The governing body shall have the right to remit, in whole or in part, any civil fine or penalty
belonging to the Town, which may be imposed under any ordinance passed pursuant to this Charter.
11.07 Property Not Exempt from Special Assessments
No property of any kind regardless of the ownership of the property, (except property of the Town),
shall be exempt in any way from any of the special taxes, charges, levies and assessments,
authorized or permitted by this Charter, for local improvement, for the public welfare except where
such exemption is required by law or where Council has the discretion to authorize such exemption
and a majority of Council votes to approve such exemption.
11.08 Town Depository
The provisions of the State laws governing the selection and designation of a Town depository are
hereby adopted as the law governing the selection and designation of a depository of and for the
Town.
State law referenceÎ Depositories for municipal funds, V.T.C.A., Local Government Code, ch. 105.
11.09 Judicial Notice
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This Charter shall be deemed a public act, and shall have the force and effect of a general law, may
be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all courts
and places, without further proof.
11.10 Severability Clause
If any section or part of this Charter shall be held invalid by a Court of competent jurisdiction, such
holding shall not affect the remainder of this Charter, nor the context in which such section or part of
section so held invalid may appear, except to the extent that any entire section, or part of section,
may be inseparably connected in meaning and effect, with the section or part of \[the\] section to
which such holding shall directly apply. The Charter is translated in Spanish. For purposes of
interpretation and enforcement, in the event of conflict, the English version of the Charter shall
prevail.
11.11 Construction of Charter
The provisions of this Charter shall be construed for the purpose of effecting the objects and ends
thereof. All references to state law or laws of the State of Texas, however expressed, shall mean Ðas
presently enacted or hereinafter enacted.Ñ All gender references shall be interpreted to include both
masculine and feminine.
11.12 Renumber, Rename, Rearrange, Clerical, Typographical and Grammatical Error
Correction
The Council shall have the power, by ordinance, to renumber, rename and rearrange all articles,
sections and paragraphs of this Charter, or any amendments thereto, and to correct clerical,
typographical or grammatical errors within the Charter, as it shall deem appropriate, provided that
such action does not change the meaning or effect of any part hereof, and, upon the passage of any
such ordinance, a copy thereof, certified by the Town Secretary, shall be forwarded to the Secretary
of State of the State of Texas for filing.
(Section 11.12 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 16,
adopted 5/21/13)
11.13 Amendment to Charter
Amendments to this Charter may be framed and submitted to the voters of the Town in the manner
provided by State law.
State constitution referenceÎ Adoption or amendment of charter, Texas Constitution, art. 11, sec. 5.
State law referenceÎ Adoption or amendment of charter, V.T.C.A., Local Government Code, sec. 9.001 et seq.
11.14 Code of Ethics and Conduct; Ethics Commission
(a) The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent with
the provisions of this Charter and applicable to elected officers, appointed board, commission, and
committee members, and employees of the Town.
(b) The Town Council shall establish by ordinance an independent Ethics Commission to
administer and enforce the Code of Ethics and Conduct ordinance. No member of the Commission
may hold elective or appointed office under the Town or any other government or hold any political
party office. The Town Council shall appropriate sufficient funds to the Ethics Commission to enable
it to perform the duties assigned.
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(Section 11.14 added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 21, adopted
5/18/09)
11.15 Charter Review Commission
The Council shall appoint a Charter Review Commission at intervals of not more than seven (7)
years. The Commission shall consist of nine (9) qualified voters of the Town. Each council member
shall appoint one member to serve on the Charter Review Commission, and remaining members
shall be appointed by vote of the Council. The Commission shall review the Town Charter and make
Charter amendment recommendations, where appropriate, that will help protect or enhance the
rights, powers and benefits of all Trophy Club residents. It shall be the duty of the Charter Review
Commission to:
(a) Inquire into the operation of the Town government under the Charter and determine
whether any provisions require revision. To this end, public hearings may be held;
(b) Propose any recommendations it deems desirable to ensure compliance with this
Charter;
(c) Propose amendments to this Charter to improve its effective application to current
conditions; and
(d) Report its findings and present its proposed amendments to the Town Council.
The Council shall receive and have published in the Town's official newspaper the Charter Review
Commission's final report. It shall consider any recommendations and, if any amendments are
presented, may order the amendment or amendments submitted to the voters of the Town.
The term of office of \[the\] Commission shall be six (6) months or longer if extended by the Council
and, at the completion of such term, a report of the proceedings of the Commission shall be filed with
the Town Secretary and shall become public record.
(Section 11.15 added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 22, adopted
5/18/09. First paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15, prop.
17, adopted 5/21/13; grammatical error corrected by Ordinance 2015-43, sec. 2.03, adopted 12/8/15)
Article XII. Transitional Provisions
12.01 Interim Municipal Government
Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or
privileges of persons who are Town officers or employees at the time of its adoption.
12.02 Persons Serving on Boards, Commissions or Corporations
Persons serving on any board, commission or corporation at the time of the adoption of this Charter
shall continue to serve until their term shall have expired or until their successors shall have
qualified.
12.03 Effect of this Charter on Existing Law
All ordinances, resolutions, rules and regulations in force in the Town on the effective date of this
Charter, and not in conflict with this Charter, shall remain in force until altered, amended or repealed.
All taxes, assessments, liens, encumbrances and demands, of or against the Town, fixed or
established before or on the effective date of this Charter shall be valid when properly fixed or
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established either under the law in force at the time of beginning of such proceedings or under the
law after the adoption of this Charter.
12.04 Continuance of Contracts, Franchises and Succession of Rights
All contracts including without limitation franchises entered into by the Town or for its benefit prior to
the taking effect of this Charter shall continue in full force and effect. Public improvements for which
legislative steps have been taken under laws or ordinances existing at the time this Charter takes
effect may be carried to completion in accordance with the provisions of such existing laws or
ordinances. All suits, taxes, penalties, forfeitures and all other rights, claims, and demands, which
have accrued under the laws, heretofore in force governing the Town shall belong to and be vested
in and shall be prosecuted by and for the use and benefit of the corporation hereby created, and
shall not in any way be diminished, affected or prejudiced by the adoption and taking effect of this
Charter.
12.05 Submission of Charter to Voters
The Charter Commission in preparing this Charter concludes that it is impracticable to segregate
each subject so as to permit a vote of ÐyesÑ or ÐnoÑ on the same, for the reason that the Charter is so
constructed that in order to enable it to work and function it is necessary that it should be adopted in
its entirety. For these reasons, the Charter Commission directs that the said Charter be voted upon
as a whole and that it shall be submitted to the qualified voters of the Town at an election to be held
for that purpose on Tuesday, November 2, 2004. Not less than thirty days prior to such election, the
Council shall cause the Town Secretary to mail a copy of this Charter to each qualified voter of the
Town as appears from the latest certified list of registered voters. If a majority of the qualified voters
voting in such election shall vote in favor of the adoption of this Charter, it shall immediately become
the governing law of the Town, until amended or repealed. The form of the ballot for use in such
election shall be as follows:
FOR THE ADOPTION OF THE CHARTER
AGAINST THE ADOPTION OF THE CHARTER
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1 Trophy Wood Drive
Town of Trophy Club
Trophy Club, Texas 76262
Legislation Details (With Text)
File #: Version:Name:
2019-502-T1
Type:Status:
Agenda ItemRegular Session
File created:In control:
10/9/2019Charter Review Commission
On agenda:Final action:
10/15/2019
Title:
Discussion of future agendas.
Attachments:
2019 Charter Review Commission Meeting Calendar.pdf
DateVer.Action ByActionResult
Agenda Item No. 4:
Discussion of future agendas.
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2019
15,
October
Date:
Meeting
NOVEMBERJANUARY
48
of
48
Page
Commission
OCTOBERDECEMBER
Review
Charter