Agenda Packet Charter Review 06/25/2012Charter Review Commission
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMMonday, June 25, 2012
CALL TO ORDER AND ANNOUNCE A QUORUM
CITIZEN PRESENTATIONS
Citizens are allowed three (3) minutes to address the Board regarding an item over
which the Board has policy or oversight authority as provided by Texas law, the ethics
order, or other policy order.
REGULAR SESSION
1.2012-281-T Welcome from Town Manager Slye
- Introductions
- Purpose
2.2012-282-T Discuss and take appropriate action on the nomination and appointment of the following
Officer positions:
a. Chair
b. Vice Chair
3.2012-283-T Discussion of the procedural rules of operation.
4.2012-284-T Brief overview of current Charter; discussion of same.
Home Rule Charter.pdfAttachments:
5.2012-285-T Set meeting schedule.
6.2012-286-T Commission Comments and Discussion .
ADJOURN
Notice is hereby given that a quorum of the Town Council may be in attendance at
this meeting.
Charter Review Commission Page 1 of 56 Meeting Date: June 25, 2012
June 25, 2012Charter Review Commission Meeting Agenda
CERTIFICATION
I certify that the above notice was posted on the front window of the Svore Municipal
Building, 100 Municipal Drive, Trophy Club, Texas, on Thursday, June 21, 2012 by
5:00 P.M. in accordance with Chapter 551, Texas Government Code.
_________________________________
Shannon DePrater, Town Secretary
If you plan to attend this public meeting and have a disability that requires special
needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in
advance and reasonable accommodations will be made to assist you.
I certify that the attached notice and agenda of items to be considered by this Board
was removed by me from the front window of the Svore Municipal Building, 100
Municipal Drive, Trophy Club, Texas, on the __________ day of
______________________, 2012.
________________________________, Title: ___________________________
Charter Review Commission Page 2 of 56 Meeting Date: June 25, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-281-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/18/2012 Charter Review Commission
On agenda:Final action:6/25/2012
Title:Welcome from Town Manager Slye
- Introductions
- Purpose
Attachments:
Action ByDate Action ResultVer.
TITLE
Welcome from Town Manager Slye
- Introductions
- Purpose
Charter Review Commission Page 3 of 56 Meeting Date: June 25, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-282-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/18/2012 Charter Review Commission
On agenda:Final action:6/25/2012
Title:Discuss and take appropriate action on the nomination and appointment of the following Officer
positions:
a. Chair
b. Vice Chair
Attachments:
Action ByDate Action ResultVer.
TITLE
Discuss and take appropriate action on the nomination and appointment of the following Officer positions:
a. Chair
b. Vice Chair
Charter Review Commission Page 4 of 56 Meeting Date: June 25, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-283-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/18/2012 Charter Review Commission
On agenda:Final action:6/25/2012
Title:Discussion of the procedural rules of operation.
Attachments:
Action ByDate Action ResultVer.
TITLE
Discussion of the procedural rules of operation.
Charter Review Commission Page 5 of 56 Meeting Date: June 25, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-284-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/18/2012 Charter Review Commission
On agenda:Final action:6/25/2012
Title:Brief overview of current Charter; discussion of same.
Attachments:Home Rule Charter.pdf
Action ByDate Action ResultVer.
TITLE
Brief overview of current Charter; discussion of same.
Charter Review Commission Page 6 of 56 Meeting Date: June 25, 2012
HOME RULE CHARTER
of the
TOWN OF TROPHY CLUB
PREAMBLE
We, the citizens of Trophy Club, Texas, in order to establish a home rule municipal government,
provide for the welfare and progress of our Town and obtain more fully the benefits of local self-
government, do hereby adopt this Home Rule Charter.
With this Charter, we grant to our duly elected governing body the power and privilege to
administer the Town on our behalf and for the benefit of our community.
Amended May 9, 2009-REV01
ORDINANCE NO. 2009-12
Charter Review Commission Page 7 of 56 Meeting Date: June 25, 2012
TABLE OF CONTENTS
ARTICLE I FORM OF GOVERNMENT AND BOUNDARIES......................................................................5
1.01 INCORPORATION, CORPORATE NAME ..............................................................................................5
1.02 FORM OF GOVERNMENT .................................................................................................................5
1.03 BOUNDARIES .................................................................................................................................5
1.04 ANNEXATION ..................................................................................................................................5
1.05 DISANNEXATION .............................................................................................................................6
ARTICLE II POWERS OF THE TOWN........................................................................................................7
2.01 ENUMERATED POWERS NOT EXCLUSIVE .........................................................................................7
2.02 EMINENT DOMAIN...........................................................................................................................7
2.03 POWER TO ACQUIRE PROPERTY INSIDE AND OUTSIDE THE TOWN FOR ANY LAWFUL PURPOSES ........7
ARTICLE III THE COUNCIL.........................................................................................................................8
3.01 NUMBER, SELECTION, TERM ...........................................................................................................8
3.02 QUALIFICATIONS ............................................................................................................................8
3.03 COUNCIL JUDGE OF ELECTION OF MEMBERS ...................................................................................8
3.04 VACANCIES, FORFEITURE OF OFFICE, FILLING OF VACANCIES ..........................................................8
3.05 COMPENSATION .............................................................................................................................9
3.06 MAYOR ..........................................................................................................................................9
3.07 MAYOR PRO-TEM ........................................................................................................................10
3.08 POWERS OF THE COUNCIL ............................................................................................................10
3.09 MEETINGS OF THE COUNCIL .........................................................................................................12
3.10 SPECIAL MEETINGS ......................................................................................................................12
3.11 RULES OF THE COUNCIL ...............................................................................................................12
3.12 QUORUM .....................................................................................................................................12
3.13 INTERFERENCE IN TOWN MANAGER APPOINTMENTS AND REMOVALS OR DUTIES .............................13
3.14 ACTION REQUIRING AN ORDINANCE ..............................................................................................13
3.15 FORM OF ORDINANCES.................................................................................................................13
3.16 PROCEDURE FOR ENACTING ORDINANCES AND RESOLUTIONS; PUBLICATIONS................................14
3.17 EMERGENCY ORDINANCES ...........................................................................................................14
3.18 BONDS FOR EMPLOYEES ..............................................................................................................14
3.19 INVESTIGATIVE POWERS OF THE COUNCIL .....................................................................................15
3.20 CONFLICT OF INTEREST AND ABSTENTION .....................................................................................15
3.21 INDEMNIFICATION OF OFFICERS ....................................................................................................15
3.22 TERM LIMITS ................................................................................................................................15
ARTICLE IV ADMINISTRATIVE SERVICES.............................................................................................17
4.01 ADMINISTRATIVE DEPARTMENTS ...................................................................................................17
4.02 TOWN MANAGER – APPOINTMENT AND QUALIFICATIONS ................................................................17
4.03 COMPENSATION ...........................................................................................................................17
4.04 TERM AND REMOVAL ....................................................................................................................17
4.05 POWERS AND DUTIES ...................................................................................................................17
4.06 ACTING TOWN MANAGER .............................................................................................................18
4.07 TOWN SECRETARY .......................................................................................................................19
4.08 DUTIES OF THE TOWN SECRETARY ...............................................................................................19
4.09 COMPENSATION ...........................................................................................................................19
4.10 MUNICIPAL COURT .......................................................................................................................19
4.11 JUDGE OF COURT ........................................................................................................................20
4.12 CLERK OF THE COURT ..................................................................................................................20
4.13 FINES ..........................................................................................................................................20
4.14 TOWN ATTORNEY – APPOINTMENT & QUALIFICATIONS ...................................................................20
4.15 PROFESSIONAL SERVICES ............................................................................................................20
4.16 TOWN BOARDS, COMMISSIONS AND CORPORATIONS .....................................................................20
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4.17 PERSONAL FINANCIAL INTEREST ...................................................................................................21
4.18 ACCEPTING GIFTS, ETC................................................................................................................21
ARTICLE V NOMINATIONS AND ELECTIONS........................................................................................22
5.01 ELECTIONS ..................................................................................................................................22
5.02 REGULATION OF ELECTIONS .........................................................................................................23
5.03 SPECIAL ELECTIONS.....................................................................................................................23
5.04 FILING FOR OFFICE ......................................................................................................................23
5.05 THE OFFICIAL BALLOT ..................................................................................................................24
5.06 CANVASSING AND ELECTION RESULTS ..........................................................................................24
5.07 NOTIFICATION OF TOWN OFFICERS ...............................................................................................24
5.08 OATH OF OFFICE..........................................................................................................................24
ARTICLE VI RECALL.................................................................................................................................26
6.01 SCOPE OF RECALL .......................................................................................................................26
6.02 PETITION FOR RECALL..................................................................................................................27
6.03 FORM OF RECALL AND OATH ........................................................................................................27
6.04 PROCEDURE AFTER FILING PETITION FOR RECALL ........................................................................27
6.05 PUBLIC NOTICE ............................................................................................................................28
6.06 OFFICIAL BALLOT .........................................................................................................................28
6.07 RECALL PETITION PROHIBITED......................................................................................................29
6.08 REFUSAL OF RECALL PETITION .....................................................................................................29
ARTICLE VII LEGISLATION BY THE PEOPLE, INITIATIVE AND REFERENDUM................................30
7.01 INITIATIVE GENERALLY .................................................................................................................30
7.02 PETITION .....................................................................................................................................30
7.03 REFERENDUM ..............................................................................................................................30
7.04 VOLUNTARY SUBMISSION OF LEGISLATION BY THE COUNCIL...........................................................31
7.05 FORM OF BALLOTS .......................................................................................................................31
7.06 PUBLICATION OF PROPOSED AND REFERRED ORDINANCES ............................................................31
7.07 ADOPTION OF ORDINANCES ..........................................................................................................31
7.08 INCONSISTENT ORDINANCES.........................................................................................................31
7.09 ORDINANCES PASSED BY POPULAR VOTE: REPEAL OR AMENDMENT ..............................................31
7.10 FURTHER REGULATIONS BY COUNCIL............................................................................................31
ARTICLE VIII MUNICIPAL PLANNING AND ZONING .............................................................................33
8.01 STATE LAW ADOPTED – ZONING ...................................................................................................33
8.02 STATE LAW ADOPTED – SUBDIVISION REGULATION .......................................................................33
8.03 THE PLANNING AND ZONING COMMISSION .....................................................................................33
8.04 PURPOSE, OBJECTIVE, POWER AND DUTIES ..................................................................................33
8.05 BOARD OF ADJUSTMENT...............................................................................................................34
8.06 COMPREHENSIVE MASTER PLAN ...................................................................................................34
ARTICLE IX BUDGET, FINANCE AND TAXATION..................................................................................35
9.01 FISCAL YEAR ...............................................................................................................................35
9.02 SUBMISSION ................................................................................................................................35
9.03 BUDGET MESSAGE .......................................................................................................................35
9.04 BUDGET ......................................................................................................................................35
9.05 COUNCIL ACTION ON BUDGET .......................................................................................................36
9.06 AMENDMENT AFTER ADOPTION .....................................................................................................36
9.07 ADMINISTRATION AND FIDUCIARY OVERSIGHT OF THE BUDGET .......................................................37
9.08 CAPITAL PROGRAM ......................................................................................................................37
9.09 AUDIT AND EXAMINATION OF TOWN BOOKS AND ACCOUNTS...........................................................38
9.10 DEFECT SHALL NOT INVALIDATE TAX LEVY....................................................................................38
9.11 PUBLIC RECORDS ........................................................................................................................38
9.12 SPECIFIED RESERVE FUND ...........................................................................................................38
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9.13 CHANGES IN BUDGET ...................................................................................................................39
9.14 AUTHORITY TO INCUR INDEBTEDNESS ...........................................................................................39
9.15 BONDS INCONTESTABLE ...............................................................................................................39
9.16 BORROWING IN ANTICIPATION OF PROPERTY TAX ..........................................................................39
9.17 USE OF BOND FUNDS ...................................................................................................................39
9.18 POWER TO TAX ............................................................................................................................39
9.19 TAX RATE ....................................................................................................................................39
9.20 OTHER RULES AND REGULATIONS ................................................................................................39
ARTICLE X FRANCHISES AND PUBLIC UTILITIES ...............................................................................41
10.01 INALIENABILITY OF CONTROL OF PUBLIC PROPERTY.......................................................................41
10.02 POWERS OF THE TOWN ................................................................................................................41
10.03 POWER TO GRANT FRANCHISE .....................................................................................................41
10.04 FRANCHISE VALUE NOT TO BE ALLOWED.......................................................................................41
10.05 RIGHT OF REGULATION ................................................................................................................41
10.06 CONSENT OF PROPERTY OWNER ..................................................................................................42
10.07 EXTENSIONS ................................................................................................................................42
10.08 OTHER CONDITIONS .....................................................................................................................43
10.09 ACCOUNTS OF MUNICIPALLY OWNED UTILITIES .............................................................................43
10.10 SALES OF ELECTRICITY, WATER AND SEWER SERVICE ..................................................................43
10.11 REGULATION OF RATES AND SERVICE ...........................................................................................43
ARTICLE XI GENERAL PROVISIONS......................................................................................................45
11.01 CHARTER AUTHORITY ..................................................................................................................45
11.02 PUBLIC RECORDS ........................................................................................................................45
11.03 PROPERTY NOT SUBJECT TO EXECUTION ......................................................................................45
11.04 TOWN NOT REQUIRED TO GIVE SECURITY OR EXECUTE BOND .......................................................45
11.05 NOTICE OF INJURY OR DAMAGE ....................................................................................................45
11.06 POWERS TO REMIT PENALTIES .....................................................................................................45
11.07 PROPERTY NOT EXEMPT FROM SPECIAL ASSESSMENTS ................................................................46
11.08 TOWN DEPOSITORY .....................................................................................................................46
11.09 JUDICIAL NOTICE..........................................................................................................................46
11.10 SEVERABILITY CLAUSE .................................................................................................................46
11.11 CONSTRUCTION OF CHARTER .......................................................................................................46
11.12 REARRANGEMENT AND RENUMBERING ..........................................................................................46
11.13 AMENDMENT TO CHARTER ............................................................................................................46
11.14 CODE OF ETHICS AND CONDUCT; ETHICS COMMISSION .................................................................47
11.15 CHARTER REVIEW COMMISSION ...................................................................................................47
ARTICLE XII TRANSITIONAL PROVISIONS............................................................................................48
12.01 INTERIM MUNICIPAL GOVERNMENT................................................................................................48
12.02 PERSONS SERVING ON BOARDS, COMMISSIONS OR CORPORATIONS ..............................................48
12.03 EFFECT OF THIS CHARTER ON EXISTING LAW ................................................................................48
12.04 CONTINUANCE OF CONTRACTS, FRANCHISES AND SUCCESSION OF RIGHTS ....................................48
12.05 SUBMISSION OF CHARTER TO VOTERS ..........................................................................................48
Charter Review Commission Page 10 of 56 Meeting Date: June 25, 2012
ARTICLE I
FORM OF GOVERNMENT AND 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
“Town of Trophy Club” hereinafter referred to as the “Town” 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 "council-manager
government". 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 "Council" 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.
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.
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 privileges of other citizens and
shall be bound by the acts, ordinances, resolutions and regulations of the Town.
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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.
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Charter Review Commission Page 12 of 56 Meeting Date: June 25, 2012
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.
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.
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ARTICLE III
THE COUNCIL
3.01 Number, Selection, Term
The Council shall consist of six (6) members, a Mayor and five (5) 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 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.).
05-09-09-1, (Amended Section 3.01), Ord. 2009-12- Prop #4
3.02 Qualifications
(a) Each person who becomes a candidate for Mayor or Councilmember shall meet the
following qualifications:
(1) be at least twenty-one (21) years of age on the first day of the form to be filed;
05-09-09-1, (Amended Subsection (a.1)), Ord. 2009-12- Prop #4
(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.
05-09-09-1, (Amended to add Subsection (a.7)), Ord. 2009-12- Prop #5
(b) When any member of the Council no longer possesses all of the qualifications specified in
this section, or is convicted of a felony or any offense involving moral turpitude while in
office, the office shall immediately and automatically become vacant. The Council shall be
the judge of the qualifications of its members in accordance with Section 3.04(b) and for
these purposes shall have the power to subpoena witnesses and require the production of
records.
3.03 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.
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(b) The Mayor or a Councilmember shall forfeit his office if during a term of office, the Mayor
or Councilmember:
(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.
05-09-09-1, (Amended to add a new Subsection (b.2) and renumber current (b.2 and b.3) to
(b.3 and b.4)), Ord. 2009-12- Prop #6
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. 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.
05-09-09-1, (Amended Subsection c and added Subsection d and e), Ord. 2009-12- Prop #4
05-09-09-1, (Amended Subsection c and added Subsection d and e), Ord. 2009-12- Prop #7
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.
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 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.
Amended 05-09-09-1, Ord. 2009-7/12- Prop #9
Editor’s Note: Ref 3.06 and 3.06A. The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #9 made the
following change: second sentence, following the “and”, deleted “in case of a tie vote, he shall
have a casting vote” and added “he shall have a vote on all matters before the Council.”
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3.06A 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 in case of a tie vote, he shall have a casting vote. 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.
Amended 05-09-09-1, Ord. 2009-7/12- Prop #19
Editor’s Note: Ref 3.06 and 3.06 A. The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #19 made the
following change: Following the third sentence, added “He shall present an annual state of the
Town message, which shall include setting out needs and goals for the Town.”
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;
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(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 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 therefore;
(s) Pass ordinances defining and prohibiting misdemeanors and provide penalties for
violations;
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(t) Provide and/or arrange for any and all "civil defense measures" and "public shelter
measures" 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 "Official Newspaper" for the Town and cause only the caption of
duly enacted ordinances to be published except as provided otherwise by law.
05-09-09-1, (Amended Subsection b, added Subsection d, and renumber a - v accordingly),
Ord. 2009-12- Prop #19
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.
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.
05-09-09-1, (Amended Subsection b), Ord. 2009-12- Prop #10
(c) The rules shall provide that citizens of the Town shall have a reasonable opportunity to be
heard at any meeting.
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
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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.
05-09-09-1, (Amended Section 3.12), Ord. 2009-12- Prop #9
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;
(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.
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
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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.
05-09-09-1, (Amended Subsection b), Ord. 2009-12- Prop #9
(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.
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. An emergency ordinance shall be introduced in the
form and manner generally prescribed for ordinances, except that it shall be plainly designated
in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration
stating that an emergency exists and describing it in clear and specific terms. An emergency
ordinance can be adopted with or without amendment or rejected at the meeting at which it was
introduced. The affirmative vote of four (4) members of the Council shall be required for
adoption. After adoption the ordinance shall be published as required by law, but may become
effective immediately upon enactment.
05-09-09-1, (Amended Section 3.17), Ord. 2009-12- Prop #9
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
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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.
3.19 Investigative Powers of the Council
The Council shall have the power to authorize an inquiry or investigation into the official conduct
of any department, agency, officer or employee, of the Town.
3.20 Conflict of Interest and Abstention
05-09-09-1, (Amended Article III to add a Section entitled “Conflict of Interest and Abstention”
numbered as Section 3.20 and replacing the current Section 3.20 of Article III which was amended,
renumbered and moved to Article IX, Section 9.09 per Prop#19)
(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.
05-09-09-1, (Amended Subsections a and b), Ord. 2009-12- Prop #10
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, including
court costs and attorneys’ fees, to the extent allowed by law, arising out of any claim, suit, or
judgment, or settlement thereof, resulting from any alleged negligent act or omission of such
officer, employee, member, or volunteer during the discharge of his duties and within the scope
of his office, employment, membership, or assigned voluntary position with the Town, or in any
other case where the Town is directed or authorized by law to do so, provided however, that
such indemnification will not be provided for any act arising out of the intentional or knowing
violation of any penal statute or ordinance arising out of any conduct determined by final
judgment to be an act of fraud or to have been taken with the intent to deceive or defraud, or for
any personal or private business of such officer, employee, member or volunteer, or for the
gross negligence or official misconduct, or willful or wrongful act or omission of such officer,
employee, member or volunteer or for any criminal misconduct.
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
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16
elections. Election terms previously served or being served at the May of 2010 election are not
counted in the application of term limits.
Amended 05-09-09-1, Ord. 2009-12- Prop #23
Charter Review Commission Page 22 of 56 Meeting Date: June 25, 2012
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.
05-09-09-1, (Amended Subsection a), Ord. 2009-12- Prop #12
(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.
4.03 Compensation
The Town Manager shall receive compensation as may be fixed by the Council.
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 polices 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;
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(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) Submit to the Town Council and make available to the public, by end of December, a
complete report on the finances and administrative activities of the Town as of the end of
each fiscal year, including outcomes and performance related to that fiscal year's goals
and provide Cost of Service delivery comparisons for a representative sample of North
Texas towns;
(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;
(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) Be the custodian of all municipal records of the Council and recommend to the Council
rules and regulations to be adopted by ordinances to protect the safety and security of the
municipal records.
05-09-09-1, (Amended by adding new subsections (f, g, j and k) and renumbering current
subsections (f, g, j and k) to (h, i, l, m. n and o)) Ord. 2009-12- Prop #19
4.06 Acting Town Manager
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(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.
05-09-09-1, (Amended Section 4.07), Ord. 2009-12- Prop #12
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,
(d) Perform such other duties as may be required by the Council, the Town Manager, this
Charter or the laws of the State of Texas.
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 established and maintained a court designated 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.
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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.
05-09-09-1, (Amended Section 4.11), Ord. 2009-12- Prop #12
4.12 Clerk of the Court
The Council shall by ordinance provide for the appointment of a Clerk of the Town of Trophy
Club Municipal Court of Record and shall also provide for the appointment of such Deputy
Clerks as the Council determines appropriate. The Clerk shall keep the records of the Municipal
Courts of record, issue process, and generally perform the duties as provided by law and
established by Council. The Council may require the Clerk, before entering upon the duties of
the office, to execute a good and sufficient surety company bond, in such amount as the Council
may demand, payable to the Town and conditioned for the faithful performance of the duties of
the office, the premium of such bond to be paid by the Town. The Council shall fix the
compensation for the Clerk. The authority to set compensation may be delegated at the
discretion of Council.
05-09-09-1, (Amended Section 4.12), Ord. 2009-12- Prop #12
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.
05-09-09-1, (Amended Section 4.14), Ord. 2009-12- Prop #12
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.
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21
(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 forfeit his office or position. The Council may establish by ordinance such
further penalties as it may deem appropriate.
Charter Review Commission Page 27 of 56 Meeting Date: June 25, 2012
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 five (5) 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 elected to Place 6 shall receive terms congruent with Place 5.
(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)
Amended 05-09-09-1, Sub-Sections (a-e and added f and g) Ord. 2009-7/12- Prop #4
Editor’s Note 1: 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 “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 Council. The Council shall order a special election not less than thirty (30) days nor
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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.”; Added subsections “(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.”
Renumbered 5.01 (e) to 5.01 (h) 08-24-09, Ord. 2009-21, Amended 05-09-09-1, Ord. 2009-7/12- Prop
#13
Editor’s Note 2: 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 “by” deleted the word “Council” at the end
of the sentence and following the word “by” added “the Council in accordance with the Texas
Election Code.”; Deleted a second sentence which read “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.”
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.
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.
(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.
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(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.
Amended 05-09-09-1, adding Subsection (f) - Ord. 2009-12- Prop #5
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.
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. 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.
Amended 05-09-09-1, Ord. 2009-12- Prop 4
5.07 Notification of Town Officers
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
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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.
Charter Review Commission Page 31 of 56 Meeting Date: June 25, 2012
ARTICLE VI
RECALL
6.01 Scope of Recall
Any elected Town official shall be subject to recall and removal from office by the qualified
voters of the Town on grounds of incompetency, misconduct, malfeasance in office or who
knowingly or intentionally violates any provision of the Charter.
Amended 05-09-09-1, Ord. 2009-7/12- Prop #4
Editor’s Note: Ref 6.01 and 6.01 A. The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #4 made the
following change: First sentence following the word “official,” deleted “, whether elected to office
by the qualified voters of the Town or appointed by the council to fill a vacancy,”.
6.01A Scope of Recall
Any elected Town official, whether elected to office by the qualified voters of the Town or
appointed by the Council to fill a vacancy, 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 provision of the
Charter.
In this section:
(a) “Incompetency” 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) “Official misconduct” 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) “Malfeasance” 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.
Renumbered (a), (b), and (c) 08-24-09, Ord. 2009-21, Amended 05-09-09-1, Ord. 2009-7/12- Prop #14
Editor’s Note: Ref 6.01 and 6.01 A. The 2009 election ballot language did not allow for the
integration of two propositions into one section. For clarification, proposition #14 made the
following changes: Following the first sentence added “In this section: (a) “Incompetency” 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) “Official misconduct” 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) “Malfeasance” means the doing
of an act by a Town Official through ignorance, inattention, or malice, which act the official had no
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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.”
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.
05-09-09-1, (Amended Section 6.02), Ord. 2009-12- Prop #13
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
05-09-09-1, (Amended Section 6.03), Ord. 2009-12- Prop #14
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.
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(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.
(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.
05-09-09-1, (Amended deleting Subsection g, Prop #4, and amending Subsection f, Prop #13),
Ord. 2009-12
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
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29
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.
05-09-09-1, (Amended Section 6.06), Ord. 2009-12- Prop #4
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 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.
Charter Review Commission Page 35 of 56 Meeting Date: June 25, 2012
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.
05-09-09-1, (Amended Section 7.02), Ord. 2009-12- Prop #13
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
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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 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.
05-09-09-1, (Amended Section 7.02), Ord. 2009-12- Prop #13
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: "FOR the ORDINANCE," and "AGAINST the ORDINANCE," or "FOR
the RESOLUTION," and "AGAINST the RESOLUTION".
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
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carrying out the provisions of this Article not inconsistent herewith.
Charter Review Commission Page 38 of 56 Meeting Date: June 25, 2012
ARTICLE VIII
MUNICIPAL PLANNING AND ZONING
8.01 State Law Adopted – Zoning
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.
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.
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.
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;
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34
(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;
(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.
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.
Charter Review Commission Page 40 of 56 Meeting Date: June 25, 2012
ARTICLE IX
BUDGET, FINANCE AND TAXATION
9.01 Fiscal Year
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.
9.02 Submission
The Town Manager shall submit to the Council a proposed budget and accompanying message
before the first day of August of each year.
05-09-09-1, (Amended by adding a new Section 9.02 and renumbering the old Section 9.02 to
9.04 ), Ord. 2009-12- Prop #19
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.
05-09-09-1, (Repealed Section 9.03 and adopted a new Section 9.03 ), Ord. 2009-12- Prop #19
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:
(1) 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;
(2) 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
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outcomes and performance related to the goals; and
(3) 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.
05-09-09-1, (Repealed Section 9.04 and adopted a new Section 9.04 ), Ord. 2009-12- Prop #19
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) "Publish" defined. As used in this article, the term "publish" 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.
05-09-09-1, (Repealed Section 9.05 and adopted a new Section 9.05 ), Ord. 2009-12- Prop #19
9.06 Amendment after Adoption
(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
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(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.
05-09-09-1, (Repealed Section 9.06 and adopted a new Section 9.06 ), Ord. 2009-12- Prop #19
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.
05-09-09-1, (Repealed Section 9.07 and adopted a new Section 9.07 ), Ord. 2009-12- Prop #19
9.08 Capital Program
(a) (a) Submission to Council. The Town Manager shall prepare and submit to the Council a
five (5) year capital program no later than three months before the final date for
submission of the budget. The capital program shall be revised and extended each year
with regard to capital improvements still pending or in process of construction or
acquisition.
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(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.
05-09-09-1, (Amended by adding a new Section 9.08 and renumbering the old Section 9.08 to
9.10 ), Ord. 2009-12- Prop #19
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.
05-09-09-1, (Amended Article IX by repealing 9.09 and renumbering Article III, Section 3.20 to
become the new Section 9.09), Ord. 2009-12- Prop #19
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.
05-09-09-1, (Amended by renumbering the old Section 9.08 to 9.10 ), Ord. 2009-12- Prop #19
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
05-09-09-1, (Amended by renumbering the old Section 9.10 to 9.11 ), Ord. 2009-12- Prop #19
9.12 Specified Reserve Fund
Specified reserve funds may be created for specific purposes, and may be used only for such
purposes.
05-09-09-1, (Amended by renumbering the old Section 9.14 to 9.12 ), Ord. 2009-12- Prop #19
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9.13 Changes in Budget
The Council may make changes in the budget for any municipal purpose or as otherwise
permitted by law.
05-09-09-1, (Amended by renumbering the old Section 9.12 to 9.13 ), Ord. 2009-12- Prop #19
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.
05-09-09-1, (Amended by renumbering the old Section 9.18 to 9.14 ), Ord. 2009-12- Prop #19
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.
05-09-09-1, (Amended by renumbering the old Section 9.19 to 9.15 ), Ord. 2009-12- Prop #19
9.16 Borrowing in Anticipation of Property Tax
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.
05-09-09-1, (Amended by renumbering the old Section 9.20 to 9.16 ), Ord. 2009-12- Prop #19
9.17 Use of Bond Funds
Any and all bond funds approved by a vote of the qualified voter of the Town will be expended
only for the purposes stated in the bond issue and as otherwise authorized by law.
05-09-09-1, (Amended by renumbering the old Section 9.21 to 9.16 ), Ord. 2009-12- Prop #19
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.
05-09-09-1, (Amended by renumbering the old Section 9.22 to 9.18 ), Ord. 2009-12- Prop #19
9.19 Tax Rate
The tax rate shall be calculated, publicized and adopted in accordance with State law.
05-09-09-1, (Amended by renumbering the old Section 9.23 to 9.19 ), Ord. 2009-12- Prop #19
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
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40
such taxes.
05-09-09-1, (Amended by renumbering the old Section 9.24 to 9.20 ), Ord. 2009-12- Prop #19
Charter Review Commission Page 46 of 56 Meeting Date: June 25, 2012
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 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.
Amended 05-09-09-1, Ord. 2009-12- Prop #24
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;
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(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;
(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.
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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 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
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44
form, and contain such information, as the Council shall prescribe.
Charter Review Commission Page 50 of 56 Meeting Date: June 25, 2012
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.
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 against the public buildings, property, public halls, parks, or public works or any other asset of
the Town.
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.
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.
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
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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.
11.09 Judicial Notice
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 “as presently enacted or hereinafter enacted.” All gender references shall be
interpreted to include both masculine and feminine.
11.12 Rearrangement and Renumbering
The Council shall have the power, by ordinance, to renumber and rearrange all articles, sections
and paragraphs of this Charter, or any amendments thereto, as it shall deem appropriate,
without changing 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.
11.13 Amendment to Charter
Amendments to this Charter may be framed and submitted to the voters of the Town in the
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47
manner provided by State law.
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.
Amended 05-09-09-1, Section 11.14 and Subsections(a and), Ord. 2009-12- Prop #21
11.15 Charter Review Commission
The Council shall appoint a Charter Review Commission no later than July 2012 and at intervals
of not more than four (4) years thereafter. 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 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.
Amended 05-09-09-1, Section 11.15 and Subsections (a and d), Ord. 2009-12- Prop #22
Charter Review Commission Page 53 of 56 Meeting Date: June 25, 2012
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 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 "yes" or "no" 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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100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-285-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/18/2012 Charter Review Commission
On agenda:Final action:6/25/2012
Title:Set meeting schedule.
Attachments:
Action ByDate Action ResultVer.
TITLE
Set meeting schedule.
Charter Review Commission Page 55 of 56 Meeting Date: June 25, 2012
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12012-286-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:6/18/2012 Charter Review Commission
On agenda:Final action:6/25/2012
Title:Commission Comments and Discussion.
Attachments:
Action ByDate Action ResultVer.
TITLE
Commission Comments and Discussion.
Charter Review Commission Page 56 of 56 Meeting Date: June 25, 2012