HomeMy WebLinkAboutOrdinance No. 2011-1904CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1904
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, CANVASSING AND CERTIFYING THE ELECTION
RETURNS, INCLUDING THE RETURNS OF EARLY VOTING
BALLOTS CAST IN CONNECTION WITH THE SPECIAL ELECTION
HELD ON SATURDAY, MAY 14, 2011, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN
HOME-RULE CHARTER AMENDMENTS TO THE CITY'S HOME-
RULE CHARTER; MAKING OTHER DECLARATIONS AND FINDING
OTHER MATTERS IN CONNECTION WITH THE SAID ELECTIONS AS
SET FORTH HEREIN; ENTERING AN ORDER FINDING THE
CHARTER AMENDMENT PROPOSITIONS APPROVED BY A
MAJORITY VOTE OF THE VOTERS OF THE CITY OF THE
COLONY, TEXAS, ARE HEREBY ADOPTED, AND ARE EFFECTIVE
UPON APPROVAL OF THIS ORDINANCE; FINDING THAT ALL
MATTERS SET FORTH HEREIN ARE TRUE AND CORRECT; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the City Council for the City of The Colony, Texas, (hereinafter referred to as
the "City") ordered a Special Election to be held on Saturday, May 14, 2011, for the purpose of
submitting to the qualified voters of the City certain home-rule charter amendments to the City's
Home-Rule Charter (hereinafter referred to as the "Election"); and
WHEREAS, the appropriate authority of the City caused to be posted and published, in
accordance with applicable laws, notices for the Election; and
WHEREAS, the Election was duly and legally held on Saturday, May 14, 2011, in the City,
with 976 valid and legal ballots cast, and in conformity with the City's Home-Rule Charter, and the
election laws of the State of Texas, and the results of the Election, including early voting results,
have been delivered by the presiding election judge in accordance with law and have been delivered
to the City Council as the canvassing authority in accordance with law; and
WHEREAS, the City Council for the City of The Colony, Texas, does hereby canvass the
returns of the Election set forth herein, and in accordance with law and takes such other actions
regarding the results of the said Election as set forth herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. The findings set forth above are incorporated into the body of this Ordinance
as if fully set forth herein.
SECTION 2. Canvass of Special Election Regarding Home-Rule Charter
Amendments.
(a) The returns of the Special Election, including the returns of early voting ballots held
on Saturday, May 14, 2011, for the purpose of submitting to the qualified voters of
the City propositions regarding certain amendments to the City Charter of the City
of The Colony, Texas (hereinafter referred to as the "Charter Amendment Election"),
showed that there were the following votes "Yes" and "No" for each of the following
propositions:
(1) Proposition No. 1. Shall the City Charter be amended throughout to (A) correct
non-substantive errors such as misspellings, punctuation, grammar and sentence
structure; (B) provide non-substantive clarifications and include better descriptive
language of the matters addressed in the Charter; (C) conform notice, publication
and election requirements to state law; (D) authorize the provision of certain
notices on the City's Internet website; (E) revise references to repealed or
obsolete provisions of state law; and (F) reformat and reorganize the Charter?
Total Number of
Earl Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
473
298
771
No
66
40
106
(2) Proposition No. 2. Shall Section 1.08 of the City Charter, entitled "Specific
powers" be amended to (A) remove the "may sue and be sued" language
contained in the City Charter; (B) remove the "may be impleaded in all courts in
all matters whatsoever" language contained in the City Charter; and (C) add
Section 12.10 to the City Charter to provide that nothing in the City Charter is
intended to waive the City's governmental immunity from suit and/or damages?
Total Number of
Earl Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
356
232
588
No
168
95
263
(3) Proposition No. 3. Shall Section 2.04 of the City Charter, entitled "Member
qualification" be amended to (A) clarify that any City Council member may
forfeit his or her office for the following reasons: he or she fails to maintain the
qualifications of office; be convicted of a felony, class A or B misdemeanor, or
crime involving moral turpitude; holds another public office; moves from the City
of The Colony; or fails to attend three (3) consecutive regular meetings without
first being excused by City Council; (B) clarify the forfeiture of office shall be
automatic resulting in a vacancy, and shall not holdover in the office; (C) clarify
any forfeiture in office shall be filled by a special election; (D) amend the City
Charter to provide that no member of City Council may become an appointed
officer or employee of the city from the current two (2) years to one (1) year after
Page 2
vacating office, and (E) add to the City Charter that no member of City Council
may become city manager within two (2) years after vacating such office?
Total Number of
Earl Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
480
315
795
No
51
29
80
(4) Proposition No. 4. Shall Section 2.08 of the City Charter, entitled "Council
compensation" be amended to authorize the City Council members to receive
compensation from the current $25.00 per regular meeting to $100.00 per month?
Total Number of
Earl Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
298
184
482
No
241
161
402
(5) Proposition No. 5. Shall Section 3.07 of the City Charter, entitled
"Establishment of administrative departments" be amended to provide the
following: (A) rename the section "Establishment of administrative departments,
offices and agencies;" (B) city manager may establish, abolish, redesignate and/or
combine departments, offices or agencies; (C) City Council may, after hearing
recommendations of the city manager, may prescribe the functions and duties of
such departments, offices and agencies; (D) except as provided elsewhere in the
City Charter, all departments, offices and agencies of the City shall be under the
direction and supervision of the city manager and shall be administered by
officers appointed by and subject to the direction and supervision of the city
manager; (E) city manager may, with the consent of the City Council, serve as the
head of one (1) or more city departments, offices or agencies or appoint one (1)
person as head of two (2) or more of them; and (F) repeal Section 12.11 of the
City Charter which currently provides that City Council by ordinance shall
establish procedures for appeals for all employee dismissals and such appeals
shall be through channels with the City Council being the final authority?
Total Number of
Earl Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
349
222
571
No
166
97
263
(6) Proposition No. 6. Shall Section 7.11 of the City Charter, entitled "Limitations
on recall," be amended to provide the following: (A) that no member of the City
Council may be recalled within six (6) months after the person's election to City
Council; and (B) no member of City Council shall be subject to more than one (1)
recall election during any one (1) term of office?
Page 3
Total Number of
Earl Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
313
195
508
No
206
134
340
(7) Proposition No. 7. Shall Section 8.01 of the City Charter, entitled "Power of
initiative," be amended to provide that the power of initiative shall not extend to
an ordinance relating to the budget or capital program, appropriation of money,
issuing of bonds, levy of taxes, salaries of City officers or employees, or any
zoning amendment or amendment to the City's comprehensive plan?
Total Number of
Earl Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
365
226
591
No
146
86
232
(8) Proposition No. 8. Shall Section 8.02 of the City Charter, entitled "Power of
referendum," be amended to provide that the power of referendum shall not
extend to an ordinance relating to the budget or capital program, appropriation of
money, issuing of bonds, levy of taxes, or any zoning amendment or amendment
to the City's comprehensive plan?
Total Number of
Earl Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
346
210
556
No
162
99
261
(9) Proposition No. 9. Shall Section 10.02 of the City Charter, entitled "Budget" be
amended to provide the city manager shall submit a proposed budget to the City
Council prior to the thirty-first (31 st) day of July each year, and the budget shall
provide a complete financial plan for the fiscal year and shall contain, but not be
limited to the following: a budget message that shall consist of an outline
explaining the proposed financial policies of the city for the upcoming fiscal year;
a consolidated statement of anticipated receipts and proposed expenditures of all
fiends; tax levies and tax collections from the previous fiscal year; a proposed list
of upcoming expenditures for all bonds; a projected list of capital projects which
are proposed to be undertaken within the three (3) next succeeding years; and
other such information as may be required by City Council?
Total Number of
Earl Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
475
296
771
No
45
33
78
(10) Proposition No. 10. Shall Section 11.03 of the City Charter, entitled "Conflict of
interest," be amended to provide the following: (A) it shall be grounds for
Page 4
removal from office or termination of employment with the City if an official
knowingly violates this Charter provision or participates in a vote or decision on
any matter involving a business entity or real property in which the official has a
"substantial interest," consistent with chapter 171 of the Texas Local Government
Code; (B) any willful violation of this section shall constitute malfeasance in
office and any officer or employee found guilty thereof shall thereby forfeit his or
her office or position; and (C) any violation of this section with the knowledge,
express or implied, of the person or the corporation contracting with the
governing body of the City shall render the contract involved voidable by the city
manager or the City Council?
Total Number of
Earl Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
474
295
769
No
51
36
87
(11) Proposition No. 11. Shall Section 11.05 be added to the City Charter, entitled
"Boards and commissions," to provide no person serving on any board,
commission or committee may be related within the second degree by
consanguinity or the first degree by affinity to any City Council member or other
member serving on the same board, commission or committee?
Total Number of
Early Voting Votes:
Total Number of Votes on
Saturday, May 14, 2011:
Total Number
of Votes:
Yes
445
261
706
No
81
64
145
(b) The above foregoing amendments to the City of The Colony, Texas, Home-Rule Charter
having been approved by a majority of the qualified voters of the City who voted at the
Charter Amendment Election, the said amendments are hereby declared adopted, in
accordance with Section 9.005(a) of the Texas Local Government Code, as amended, and
shall take effect immediately upon the passage of this Ordinance, in accordance with
Section 9.005(b) of the Texas Local Government Code, as amended.
(c) The above and foregoing amendments having been adopted, it is hereby ordered that such
amendments to the City Home-Rule Charter have been and are adopted, so that the
provisions of the City Home-Rule Charter which were subject of the Charter Amendment
Election shall read as adopted and added to the respective Home-Rule Charter as adopted, a
copy of which is attached hereto as Exhibit A of this Ordinance.
(d) In accordance with Section 9.007(a) of the Texas Local Government Code, the Mayor of the
City shall certify to the Texas Secretary of State an authenticated copy of the City's Home-
Rule Charter, as amended by this Charter Amendment Election, a copy of which is attached
hereto as Exhibit A of this Ordinance, under the City's seal showing the approval by the
eligible voters of the City.
Page 5
(e) In accordance with Section 9.008(a) of the Texas Local Government Code, the City
Secretary shall record in the Secretary's Office the City's Home-Rule Charter, as amended
by this Charter Amendment Election, a copy of which is attached hereto as Exhibit A of this
Ordinance. If the Home-Rule Charter and the amendments set forth above are not recorded
on microfilm, as may be permitted by another law, it shall be recorded in a book kept for
that purpose.
SECTION 3. This Ordinance shall become effective from and after its date of passage in
accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 17th DAY OF MAY, 2011.
Mayor
ATTEST: 7
Christie Wilson, City Secretary
APPROVED AS TO FORM: C
IP,
/Jeff Moore, ity Attorney t ' i.
Page 6
Exhibit A
[Home-Rule Charter as amended
by the May 14, 2011 Special Election]
Page 7
c oLONY
ity by the Lake
Home-Rule Charter
PREAMBLE
We, the people of the City of The Colony, believing in modern government to meet modern
needs while maintaining responsiveness to the desires of residents and of our community as a
whole, do adopt this charter as the basic foundation of our city government.
We pledge ourselves to support our duly elected governing body in their administration both
within and without the city.
We charge them to preserve the freedoms and independence which have been enjoyed by our
city since its incorporation in 1977, undisturbed by conflict of commercial or political interests.
Page 2 of 26
The Colon.V, Texas
Home-Ride Charter
CHAPTER I.
INCORPORATION, BOUNDARIES AND LIMITS,
FORM OF GOVERNMENT AND POWERS
Sec. 1.01. Incorporation.
The inhabitants of the City of The Colony, Texas, within the corporate limits as now established
or as hereafter established in the manner provided by law, shall continue to be a municipal body
politic and corporate in perpetuity, under the name of the "City of The Colony."
Sec. 1.02. Boundaries.
The bounds and limits of the City of The Colony, Texas, are hereby established as described in
the original incorporation proceedings of the said City of The Colony, Texas, filed of record
January 24, 1977, in the office of the clerk of the county court of Denton County, Texas, and
those boundaries established and changed thereafter in all annexation ordinances and
proceedings of the City of The Colony, Texas.
Sec. 1.03. Extension of boundary by petition.
Whenever a majority of the legally qualified property taxpaying voters who are citizens of the
State of Texas and inhabitants of any territory adjoining the City of The Colony as said territory
may be designated by the city council, or in case there are no such qualified voters in said
territory, then when persons owning a majority of land in area in said territory desire the
annexation of said territory to the City of The Colony, they may present a written petition to that
effect to the city council and shall attach to said petition an affidavit signed by a majority of such
qualified voters or in case there are no such qualified voters said affidavit shall be to the effect
that there are no qualified voters in the said territory and that the persons signing said petition
own a majority of the land in area in said territory. Thereupon, the city council at the regular
session or a special session called in the manner required by the charter may by ordinance annex
such territory to the City of The Colony and thereafter the said territory shall be a part of the City
of The Colony and the inhabitants thereof shall be entitled to all the rights, privileges and
responsibilities as citizens and shall be bound by the acts, ordinances, resolutions, and
regulations of said city.
Sec. 1.04. Extension of boundary by city council.
The city council shall have power by ordinance to provide for the alteration and extension of said
boundary limits by the annexation of additional territory lying adjacent to the city with or
without the consent of the owners of the territory or the inhabitants annexed. Upon the passage
of any such ordinance, the boundary limits of the city shall thereafter be as established in such
ordinance and when any additional territory has been so annexed, same shall be a part of the City
of The Colony and the property situated therein shall bear its pro rata part of the taxes levied by
the city, and the inhabitants thereof shall be entitled to all of the rights, privileges, and
responsibilities of citizens of the city and shall be bound by the acts, ordinances, resolutions and
regulations of the city.
Page 3 of 26
The Coloi7P, Texas
Home-Rule Charter
Sec. 1.05. Rules for contraction of boundaries (disannex).
Whenever there exists within the corporate limits of the City of The Colony adjoining the outer
boundaries thereof any territory not suitable or necessary for orderly planning and development
of the city, the city council may, if uninhabited, or if same be inhabited upon a petition signed by
a majority of the qualified voters residing in such territory, by ordinance duly passed disannex
such property as a part of said city, and from and after the entry of such ordinance said territory
shall cease to be a part of said city.
Sec. 1.06. 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
state constitution, the statutes of the State of Texas, and by this charter, all powers of the city
shall be vested in the elected city council, hereinafter referred to as the "city council." The city
council shall enact local legislation, adopt budgets, determine policies, appoint the judge of the
municipal court, and appoint the city manager. The city manager shall be held responsible to the
city council for the execution of the laws and the administration of the government of the city.
Sec. 1.07. General powers of the city.
The city shall have all powers that now are or hereafter may be granted to municipalities by the
constitution or laws of the State of Texas, and all such powers, whether expressed or implied,
shall be exercised and enforced in the manner prescribed by this charter, and when not prescribed
therein, in such manner as may be provided by the ordinances or resolutions of the city council
of the City of The Colony, the state constitution, or by the statutes of the State of Texas. The
enumeration of particular powers in the charter shall not be held or deemed to be exclusive, but
in addition to the powers enumerated herein, implied thereby or appropriate to the exercise
thereof, the city may exercise all other powers which, under the constitution and laws of the State
of Texas, it would be competent for the charter specifically to enumerate.
Sec. 1.08. Specific powers.
The City of The Colony may use a corporate seal; may contract and be contracted with; may
cooperate with the government of the State of Texas and any agency thereof, the federal
government or any agency thereof, or any political subdivision of the State of Texas.
See. 1.09. Eminent domain.
The city shall have the 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 or laws of the State of Texas. The power of eminent domain hereby conferred
shall include the right of the city to take the fee and easement in the lands so condemned, and
such power and authority shall include the right to condemn, public or private property for such
purposes. The city 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.
Page 4 of 26
The Coloiw, Texas
Home-Rule Charter
Sec. 1.10. Power to acquire property inside and outside the city for public purposes.
The city shall have the power to sell and to acquire by condemnation or purchase either private
or public property located inside or outside of the corporate limits for public purposes. The
procedure to be followed in any sale or condemnation proceeding hereunder and authorized
herein shall be in accordance with the provisions of the state law with reference to eminent
domain.
Sec. 1.11. Creation of building sites.
Should any property situated within the corporate limits of the city be now or hereafter platted
into building sites, the owner or owners of said property shall comply with the general plan of
the city, all provisions of the ordinances of the city, and all provisions of the applicable state
laws.
Sec. 1.12. Street powers generally.
The city shall have exclusive domain, control and jurisdiction in, upon, over and under all alleys,
streets, gutters and sidewalks situated in the city, and the power to lay out, establish, open, alter,
widen, lower, extend, grade, drain, abandon and improve streets, alleys, sidewalks, squares,
parks, public places and bridges and regulate the use thereof, and require the removal from
streets, sidewalks, alleys, and other public property or places of all obstructions, telegraph,
telephone or other poles, carrying electric wires or signs, encroachments of every nature or
character upon any said streets and sidewalks, and to vacate and close private ways; and when a
street or alley has been vacated or abandoned, the city shall have the right to sell the same as now
provided by general laws of the State of Texas. The provisions of chapter 313 of the Texas
Transportation Code, as amended, together with existing amendments as hereafter may be made
and acts supplementary thereto, are expressly adopted and made a part of this charter. Such
exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues,
sidewalks, parkways, alleys and highways of the city shall also include, but not be limited to, the
right to regulate, locate, relocate, remove or prohibit the location of all utility pipes, lines, wires,
or other property.
Sec. 1.13. Water system.
The city shall have the power to provide for and/or own a water system and to prescribe charges,
rules, regulations, rates, and restrictions with reference to the use, consumption, waste, payment,
cutoff, tu-n-on, connections and management of such system, and to prescribe penalties for
violation of such rules and regulations.
Sec. 1.14. Sanitary sewer systems.
The city shall have the power to provide for and/or own a sanitary sewer system and to require
property owners to connect their premises with such sewer system; and to provide penalties for
failing to make sanitary sewer connections; and shall further have the right to fix charges and
compensation to be charged by the city for sewerage service, and to provide rules and regulations
for the collection thereof.
Page 5 of 26
The Colon 1,, Texas
Horne-Rule Charter
Sec. 1.15. Solid waste disposal.
The city shall have the power to provide for solid waste collection and disposal. The city council
shall have the right by ordinance to adopt and prescribe rules and regulations for the handling of
all garbage, trash and rubbish in the city, and shall further have the right to fix charges and
compensation to be charged by the city for the removal of garbage, trash and rubbish, and to
provide rules and regulations for the collection thereof.
Sec. 1.16. Parks, playgrounds, etc.
The city shall have exclusive control of all parks, and playgrounds and to control, regulate and
remove all obstructions and prevent all encroachments thereupon; to provide for raising, grading,
filling, terracing, landscape gardening, erecting buildings, swimming pools, and wading pools,
tennis courts and other structures including, but not limited to, museums, libraries and art
galleries.
Sec. 1.17. Fires.
The city shall have the power by ordinance or otherwise to provide means for protection against
conflagrations and for the establishment, maintenance, support and regulation of a fire
department and for guarding against fires. It may prescribe fire limits, stipulate and provide for
minimum requirements for construction of buildings within such fire limits, regulate or prohibit
the erection, building, replacing or repairing of buildings within such limits; may prescribe that
the buildings within such fire limits be made or constructed of fireproof material; and may
prohibit the repairing of buildings within such limits when the same have been damaged to
within fifty (50) percent of the value thereof, and may declare all dilapidated buildings to be
nuisances and direct the same to be repaired, removed or abated in such manner as the city
council may prescribe; and may further prescribe limits within which only fireproof roofing may
be used. It may also, by ordinance, regulate or forbid the storage of lumber, building materials of
any kind or inflammable or explosive goods, wares and merchandise of any kind.
CHAPTER II.
THE CITY COUNCIL: ITS COMPOSITION,
MEMBER QUALIFICATIONS AND RULES
Sec. 2.01. Composition of city council.
The legislative and governing body of the city shall consist of a mayor and six (6) council
members, and shall be known as the "city council" of the City of The Colony.
Sec. 2.02. Terms of office.
Each council member shall hold his office for a period of three (3) years. Should a duly elected
successor be disqualified under the provisions of this charter or the laws of this State or the
United States, the city council shall declare a vacancy and such vacancy shall be filled as
provided in section 2.06 of this charter.
Page 6 of 26
The Colony, Texas
Home-Rule Charter
Sec. 2.03. Election methods.
(a) Four (4) members of the city council, places 3, 4, 5 and 6 shall be residents of and elected
by the qualified voters of single-member geographical districts of the city, as such
districts may from time to time be determined by the city council and created and
described by ordinance. Places 1 and 2 and the mayor shall be elected by the qualified
voters of the entire city, commonly known as at-large.
(b) The city council shall from time to time create and describe by ordinance election
districts. Such districts shall be created so that each will contain, as nearly as possible, a
population equivalent to the other districts to insure equal voting rights for all citizens
under state and federal law.
(c) Upon adoption of this section, the city council shall forthwith draw the election district
boundaries and the district and at-large system shall take full effect with the next general
election.
Sec. 2.04. Member qualification.
(a) Each council member shall be a registered voter of the State of Texas and a resident of
the City of The Colony, and (if applicable) the district from which he is elected at the
time of filing for election and throughout his term of office. Each candidate for the office
of mayor and each council member shall be a resident of the City of The Colony for not
less than twelve (12) months immediately preceding election day.
(b) If any council member fails to maintain the qualifications of office as set forth in this
charter or by Texas law, or is convicted in any court of a felony or a Class A or Class B
misdemeanor or a crime involving moral turpitude, or holds any other public office other
than as a notary public or a member of the naval or military reserve or national guard, or
shall move from the City of The Colony, or fails to attend three (3) consecutive regular
meetings of the city council, without first being excused by the city council, then said
council member shall automatically forfeit his office resulting in a vacancy and shall not
hold over in office, and the city council shall fill said vacancy as set forth in section 2.06
of this charter.
(c) In the event any one of the six (6) council members shall become a candidate for election
to the office of mayor, or in the event the mayor or any council member shall become a
candidate for election to any place on the council other than the office he is presently
holding, such candidate shall tender his resignation from the office he presently holds
which shall be effective as of the date of such election without any further act of
acceptance. In the event the mayor or any one of the six (6) council members shall
become a candidate for election to any other public office in the state, such candidate
shall tender his resignation from the office he presently holds which shall be effective as
of the date of his being sworn to that office, without any further act of acceptance. The
remaining members of the city council shall fill said vacancy as set forth in section 2.06
of this charter.
Page 7 of 26
The Colony, Texas
Home-Rile Charter
(d) In the event an employee of the city shall become a candidate for election to the office of
mayor or council member, said employee shall immediately resign his position with the
city.
(e) No member of city council may become an appointed officer or employee of the city
within one (1) year after vacating such office. No member of city council may become
city manager of the city within two (2) years after vacating such office, consistent with
section 4.01 of this charter.
Sec. 2.05. Vacancies and forfeiture of office.
The office of a council member or office of the mayor shall become vacant upon his death,
resignation, removal from office in any manner authorized by law, or forfeiture of his office for
violation of any express prohibition of this charter.
Sec. 2.06. Filling of vacancies.
Should a vacancy in the city council occur, an election to fill such vacancy shall be held within
one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas
Constitution and the Texas Election Code, as amended. Such vacancy shall be filled by a
majority vote of the qualified voters of the city at a special election called for that purpose. This
person shall serve for the remainder of the unexpired terin for such office.
Sec. 2.07. City council to be judge of the qualifications of its members.
The city council shall be the judge of the election and qualifications of its members. If a member
of the city council is charged with a ground for removal, such charges shall be set for a public
hearing not less than ten (10) nor more than thirty (30) days from the date on which the written
charges are presented. At such hearing, the accused shall have the right to present evidence in his
defense, but he shall be disqualified from voting as to his innocence or guilt. At the conclusion of
evidence, a vote shall be taken, and upon the affirmative vote of three-fourths of all present and
eligible voting council members, the accused member shall be removed from office and his seat
declared vacant. The city council shall have the power to subpoena witnesses and require the
production of records, but the decision of the city council in the exercise of such power shall be
subject to review by the courts.
Sec. 2.08. City council compensation.
The council members shall receive compensation of $100.00 per month. Any actual and
necessary expense incurred while in the discharge of the duties of the office shall be paid upon
an itemized statement of such expense being rendered, and approved by the city council at a
regular meeting.
Sec. 2.09. The presiding officer, his duties and powers.
The mayor shall preside at meetings of the city council, and shall be recognized as head of the
city government for all ceremonial purposes and by the governor for purposes of military law.
He may participate in the discussion of all matters coming before the city council and shall be
entitled to vote on any matter to the same extent as any other council member.
Page 8 of 26
The Colorrv, Texas
HOMe-Rule Charter
Sec. 2.10. The mayor pro tem.
The city council, at its first meeting after election of council members, shall elect one of its
members mayor pro tem, and he shall perform all the duties of the mayor in the absence or
disability of the mayor.
Sec. 2.11. City council meetings.
(a) Regular meetings: The city council shall have as many regular meetings as it shall deem
necessary, provided, it shall have at least one (1) meeting each month to be held within
the city limits of the City of The Colony.
(b) Special meetings: Special meetings may be called by the mayor or upon written
application of any three (3) members of the city council. The city secretary shall call a
special meeting for the time and date set out in the application. Notice of special meetings
shall be given by the city secretary to each member of the city council, including the
mayor, and to the city manager, or left at such person's residence address. Notice shall be
given to the public as required by state law.
(c) Open meetings: Meetings shall be open to the public, except where closed meetings are
authorized by law.
Sec. 2.12. City council to establish rules of procedure of voting.
The city council shall determine its own rules and order of business. Provisions shall be made for
the keeping of minutes which shall be a public record. The vote of council members on any
matter shall be recorded in the minutes.
Sec. 2.13. Quorum.
Any four (4) members of the city council (which may include the mayor) shall constitute
quorum necessary for the transaction of official business at any meeting of the council.
CHAPTER III.
THE CITY COUNCIL:
POWERS AND ORDINANCE PROCEDURE
Sec. 3.01. General powers and duties.
All powers of the city shall be vested in the city council except as otherwise provided by law or
this charter, and the city council shall provide for the exercise thereof and for the performance of
all duties and obligations imposed on the city by law.
See. 3.02. Franchise.
The city council shall have the power to grant, amend, renew, or extend by ordinance all
franchises of all public utilities, of every character operating within the City of The Colony as
required by applicable law.
Page 9 of 26
The Colony, Texas
Home-Rule Charter
Sec. 3.03. Zoning.
The city council shall have full power and authority to zone the city and to pass all necessary
ordinances, rules, and regulations governing the same.
Sec. 3.04. Investigation by the city council.
The city council may make investigations into the affairs of the city and the conduct of any city
department, division or office and for this purpose may subpoena witnesses, administer oaths,
take testimony and require the production of evidence. Any person who fails or refuses to obey a
lawful order issued in the exercise of those powers by the city council shall be guilty of a
misdemeanor, and subject to a fine which shall have been set, by ordinance, by the city council.
Sec. 3.05. Appointment of city manager.
The city council shall appoint a city manager who shall serve at the pleasure of the city council.
The city manager shall have such authority and responsibilities as may be designated and given
by the city council.
Sec. 3.06. Appointment of city secretary.
The city council shall appoint a city secretary. The city secretary shall keep the minutes of the
proceedings of all city council meetings, shall be the official custodian of the records of the city
and shall perform such other duties and responsibilities as may be designated and granted by the
city council. The city council may appoint such deputies as it deems necessary.
Sec. 3.07. Establishment of administrative departments, offices and agencies.
(1) The city manager may establish, abolish, redesignate and/or combine departments,
offices or agencies in addition to those provided for by this charter, and may prescribe the
functions and duties of such departments, offices and agencies.
(2) Except as provided elsewhere in this charter, all departments, offices and agencies of the
city shall be under the direction and supervision of the city manager and shall be
administered by officers appointed by and subject to the direction and supervision of the
city manager. The city manager may, with the consent of the city council, serve as the
head of one (1) or more city departments, offices or agencies or appoint one (1) person as
head of two (2) or more of them.
Sec. 3.08. Appointment of a judge.
The city council shall appoint a judge or judges for the municipal court, and such alternate
judges as the city council deems necessary, to serve at the pleasure of the city council. The judge
shall receive such compensation as may be set by the city council. The city council may not
authorize the mayor to act as judge.
Sec. 3.09. City council to act by ordinances.
In addition to such acts of the city council as are required by statute or by this charter to be by
ordinance, every act of the city council establishing a fine or other penalty or providing for the
expenditure of funds or for the contracting of indebtedness, shall be by ordinance or resolution.
Page 10 of 26
The Colony, Texas
Home-Rule Charter
The enacting clause of all ordinances shall be "Be it ordained by the City Council of the City of
The Colony."
Ordinances and resolutions shall be introduced to the city council only in writing or printed form.
The subject or subjects of all ordinances shall be clearly expressed in the title.
Sec. 3.10. Method of adoption: General ordinances.
All ordinances passed by the city council shall be placed in the office of the city secretary and
signed by the mayor. If the mayor shall fail or neglect to approve any ordinance for longer than
three (3) days after the same is placed in the office of the city secretary, the same shall be
deemed finally passed as though signed by the mayor.
The city attorney shall approve as to the form thereof, all ordinances prior- to the enactment
thereof by the city council. All ordinances shall be posted upon the bulletin board at city hall,
which is provided for notices of council meetings, or the City's Internet website, and shall be
posted not less than seventy-two (72) hours prior to the meeting at which such ordinances are
enacted, provided that the city council may dispense with the posting requirement if it finds that
an emergency exists in the preservation of the public health, safety, general welfare, or public
property.
The city secretary shall give notice of the enactment of every ordinance imposing any penalty,
fine or forfeiture, by causing the caption of said ordinance to be published one (1) time in the
official newspaper of the city. The affidavit of such publication by the publisher of the
newspaper taken before any officer authorized to administer oaths and filed with the city
secretary, shall be conclusive proof of the legal publication and promulgation of such ordinance
in all courts. Every ordinance requiring publication shall take effect immediately on the
publication of its caption, unless otherwise provided therein or by state law. Every ordinance
shall be authenticated by signature of the mayor and the city secretary.
Any ordinance or resolution (other than an emergency measure, the budget or routine
expenditures of budgeted funds) which authorizes or requires the expenditure or diversion of any
city funds for any purpose or proposed any new tax or increased or decreased tax, fee, license,
charge or penalty shall have a separate statement signed by the city manager outlining the fiscal
impact and probable gain or loss in income or cost of the measure each year for the first three (3)
years after its passage and a statement as to whether or not there will be cost involved thereafter.
Such separate statement shall not be a part of the ordinance or resolution but shall remain with
the ordinance or resolution throughout the entire legislative process, including submission to the
mayor.
Sec. 3.11. Amendment and repeal of ordinances.
The city council shall have the power to cause an ordinance of the city, except as provided in
section 8.06, to be amended or repealed when such amendment or repeal is adopted by a majority
vote of the city council.
Page 11 of 26
The Colony, Texas
Home-Rule Charter
Sec. 3.12. Codification.
The city council shall have the power to cause the ordinances of the city to be corrected,
amended, revised, codified and printed in code form as often as the city council deems advisable,
and such printed code, when adopted by the city council, shall be in full force and effect without
the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or
codes of ordinances shall be admitted into evidence in all courts without further proof, and shall
have the same force and effect as did the original ordinance.
CHAPTER IV.
THE CITY MANAGER: HIS APPOINTMENT,
POWERS, DUTIES AND ADMINISTRATIVE ORGANIZATION
Sec. 4.01. Appointment and qualifications.
The city council, by majority vote, shall appoint a city manager who shall be chief administrative
and executive officer of the city and shall be responsible to the city council for the administration
of the affairs of the city. He shall be chosen by the city council solely on the basis of his
executive and administrative training, experience and ability and need not, when appointed, be a
resident of the city, except during his tenure of office, he shall be a resident. No member of the
city council shall, during the time for which he is elected and for two (2) years thereafter, be
appointed city manager. The city manager shall be bonded at city expense in an amount of not
less than ten thousand dollars ($10,000.00).
Sec. 4.02. Term and salary.
The city manager shall not be appointed for a definite term but may be removed at the will and
pleasure of the city council by a vote of the majority of the entire city council. The action of the
city council in the suspending or removing of the city manager shall be final, it being the
intention of this charter to vest all authority and fix all responsibilities of such suspension or
removal in the city council. In case of absence or disability of the city manager, the city council
may designate some qualified person to perform the duties of the office during such absence or
disability.
Sec. 4.03. Duties of the city manager.
(1) See that all state laws and city ordinances are effectively enforced.
(2) Appoint, suspend or remove all or any one of the directors of departments and
employees, except as otherwise provided in this charter.
(3) Attend all meetings of the city council except when excused by city council, and shall
have the right to take part in the discussions.
(4) Prepare the budget annually and submit it to the city council and be responsible for its
administration after its adoption.
(5) Prepare and submit to the city council at the end of the fiscal year a complete report on
Page 12 of 26
The Colon,, Texas
Honw-Ride Charter
the finances and administrative activities of the city for the preceding year.
(6) Keep the city council advised of the financial condition and future needs of the city and
make such recommendations as may seem to him advisable.
(7) Make other such reports as the city council may require concerning the operations of city
departments, offices and agencies subject to his direction and supervision.
(8) The city manager or his designated representative or representatives shall act as an
educational liaison for the City of The Colony.
(9) Perform such other duties as may be prescribed by this charter or required of him by the
city council, as consistent with this charter.
Sec. 4.04. Administrative organization.
(a) The administrative ordinance authority of the city council shall not extend beyond the
scope and limitations of this charter, the constitution and the laws of the State of Texas.
(b) Unless otherwise specifically stated herein, all administrative departments, offices and
agencies will be integrated under the city manager.
Sec. 4.05. The merit principle and classified service.
(a) The personnel system of the City of The Colony shall be an integrated system based on
the principle of "best qualified".
(b) It shall be the city manager's responsibility to initiate guidelines for personnel.
Additionally, the city manager will prepare job descriptions for all city positions and
requirements for securing these positions. It shall be the duty of the city manager to
insure that the "best qualified" are hired and that proper actions are taken to terminate
those employees who do not maintain high levels of service.
Sec. 4.06. Residency requirement.
The city manager and city secretary as may be prescribed by ordinance, shall be required to live
within the city limits of The Colony. All persons hired for such positions shall be allowed one (1)
year to comply with this provision. The city council may waive the residency requirement.
See. 4.07. Appointments and removals.
Neither the city council nor any of its members shall in any manner dictate the appointment or
removal of any city administrative officers or employees when the city manager or any of his
subordinates are empowered to appoint, but the city council may express its views and fully and
fi-eely discuss with the city manager anything pertaining to appointment and removal of such
officers and employees, except as otherwise provided in this charter.
Page 13 of 26
The Colony, Texas
Home-Rule Charter
Sec. 4.08. Interference with administration.
Except for the purposes of inquiries and investigations as set forth in this charter, the city council
or its members shall deal with city officers and employees who are subject to the direction and
supervision of the city manager solely through the city manager, and neither the city council nor
its members shall give orders to any such officer or employee, either publicly or privately, except
as otherwise provided in this charter.
Sec. 4.09. Nepotism.
No person related within the second degree by affinity or third degree by consanguinity to the
mayor or any member of the city council or to the city manager shall be appointed to any paid
office, position, clerkship, or other service of the city.
CHAPTER V.
CITY ATTORNEY
Sec. 5.01. The city attorney: His appointment and duties.
The city council, by majority vote, shall appoint a duly qualified and licensed attorney,
practicing law in the State of Texas, to be an attorney for the city, hereinafter referred to as the
"city attorney". He shall serve at the discretion of the city council and he shall receive for his
services such compensation as may be established by the city council. The city attorney shall be
the legal advisor of, and attorney for all of the offices and departments of the city, and he shall
represent the city in all litigation and legal proceedings, provided, that the city council may retain
special counsel at any time they deem same appropriate and necessary. He shall review and
concur or dissent upon all documents, contracts, and legal instruments in which the city may
have an interest. The city attorney shall perform other duties prescribed by this charter, by
ordinance or as directed by the city council.
CHAPTER VI.
THE MUNICIPAL COURT AND ITS CLERK
Sec. 6.01. Municipal court.
There shall be established and maintained a court, designated as a municipal court, for the trial of
misdemeanor offenses, with all such powers and duties as are now or may hereafter be
prescribed by the laws of the State of Texas relative to municipal courts. The city council may
establish the municipal court as a court of record if authorized by state law.
Sec. 6.02. Clerk of the municipal court.
The city manager may appoint a clerk of the municipal court with such duties and
responsibilities as the city manager may direct. The clerk shall have the power to administer
oaths and affidavits, make certificates, affix the seal of the court thereto, and otherwise perform
any and all acts necessary in the issuing of the process of such court and in conducting the
business thereof Nothing herein shall prevent the city secretary or any other city official or
Page 14 of 26
The Colon 11, Texas
Home-Rule Charter
employee from also being designated the clerk, and the city manager may appoint a deputy with
the same power as the clerk.
CHAPTER VII.
NOMINATIONS, ELECTIONS AND RECALL
Sec. 7.01. General election.
The general city election shall be held on a uniform election date as prescribed by the Texas
Election Code, as amended.
Sec. 7.02. Filing for office.
Any qualified person who desires to become a candidate for election to the office of city council,
including mayor, shall file with the city secretary, within the time prescribed by law, an
application as required by law.
Sec. 7.03. Official ballot.
The official ballot shall be drawn by the city secretary in the manner, form and time prescribed
by law.
Sec. 7.04. Canvassing.
The returns of every municipal election shall be delivered forthwith by the election judge to the
mayor and one copy to the city secretary. After a general or special election either at a special
meeting of the city council or at the next regular meeting, the city council shall canvass the
returns and declare the results of such election in accordance with the Texas Election Code, as
amended. Returns of each municipal election shall be recorded in the minutes of the city council.
The candidates who receive a majority of the legal votes cast for each place shall be declared
elected.
Sec. 7.05. Runoff election and tie vote.
A runoff election shall be held whenever no candidate receives a majority of the votes cast for
the place for which such person is running. The two (2) persons receiving the highest number of
votes shall be candidates in the runoff election following any recount as may be required by the
Texas Election Code, as amended. Any runoff election shall be held in accordance with state
law. The exact date of the runoff shall be established by the city council, and notice of the
election and conduct thereof shall be the same as for the general city election.
In the event no candidate receives a majority of the votes cast of the place for which such person
is running, and more than two (2) candidates tie for the highest number of votes in the main
election, or two (2) or more candidates tie for the second highest number of votes in the main
election, a runoff election shall be conducted consistent with the Texas Election Code, as
amended.
Sec. 7.06. Special elections.
The city council may, by ordinance or resolution, call special elections as authorized by law and
Page 15 of 26
The Colony, Texas
Home-Rule Charter
this charter.
Sec. 7.07. Power of recall.
The citizens of The Colony reserve the power to recall any member of the city council, including
the mayor, and may exercise such power by filing with the city secretary a petition, obtained
from the city secretary's office, signed by qualified voters of the city equal in number to at least
thirty percent (30%) of the qualified voters of the city, demanding the removal of a member of
the city council. In order for the petition to issue, any qualified voter of the city shall make and
file with the city secretary an affidavit containing the name of any member of the city council
whose removal is sought, which said affidavit shall distinctly and specifically state the ground or
grounds upon which such removal is predicated. The city secretary shall deliver to the affiant
making such charges, copies of petition blanks for demanding such removal, printed on forms
which shall be kept on hand. Such blanks shall be issued by the city secretary with his signature
thereto attached, and they shall be dated and addressed to the city council, indicate the person to
whom issued, and shall state the ground or grounds as contained in the initial affidavit. A recall
petition to be effective, must be returned and filed with the city secretary within forty-five (45)
days after issuance.
Sec. 7.08. Recall election.
Within fifteen (15) days after the date of the filing of the recall petition, the city secretary shall
certify the petition in the manner established in section 8.04, and present such petition to the city
council.
If the duly certified petition meets the requirements set forth, it shall be the duty of the city
council to order an election within the time prescribed by applicable law.
Sec. 7.09. Recall ballot.
Ballots used at recall elections shall conform to the following requirements:
(a) With respect to each person whose removal is sought, the question shall be submitted
"Shall (name) be removed from the office as (member° of the city council) (mayor)"
(b) Immediately below each such question there shall be printed the two (2) following
propositions, one above the other, in the order indicated:
"For the removal of (name)"
"Against the removal of (name)"
Sec. 7.10. Results of a recall election.
If a majority of the votes cast at such election shall be for the removal of the individual named on
the ballot, the city council shall upon canvassing of the election results declare the office vacant
and such vacancy shall be filled in accordance with the provisions of this charter.
Page 16 of 26
The Colom), Texas
Home-Rule Chartcr
Sec. 7.11. Limitations on recall.
No recall petition shall be filed against any officer of the city within six (6) months after such
person's election. A member of city council is not subject to more than one (1) recall election
during any one (1) term of office.
CHAPTER VIII.
INITIATIVE AND REFERENDUM
Sec. 8.01. Power of initiative.
The citizens of The Colony 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, or state law.
The power of initiative shall not extend to an ordinance relating to the budget or capital program,
appropriation of money, issuing of bonds, levy of taxes, salaries of City officers or employees, or
any zoning amendment or amendment to the City's comprehensive plan. Any initiated ordinance
may be submitted to the city council by a petition which must be signed by qualified voters of
the city equal in number to at least fifteen percent (15%) of the qualified voters.
Sec. 8.02. Power of referendum.
The citizens of The Colony reserve the power to approve or reject at the polls any ordinance
enacted by the city council which is subject to the initiative process under this charter, or state
law. The power of referendum shall not extend to an ordinance relating to the budget or capital
program, appropriation of money, issuing of bonds, levy of taxes, or any zoning amendment or
amendment to the City's comprehensive plan. Prior to or within thirty (30) days after the
effective date of any ordinance which is subject to referendum, a petition signed by qualified
voters of the city, equal in number to at least fifteen percent (15%) of the number of qualified
voters of the city, may be filed with the city secretary requesting that any such ordinance be
either repealed or submitted to a vote by the people. When such petition has been certified as
sufficient by the city secretary, the ordinance specified in the petition shall not go into effect, or
further action thereunder shall be suspended if it shall have gone into effect, until and unless it is
approved by the voters, as herein provided.
Sec. 8.03. Form of petition.
Initiative petition papers shall contain the full text of the proposed legislation in the form of an
ordinance, including a description caption. The signatures to the initiative or referendum need
not be all appended to one paper, but the individual signers shall sign their name in ink or
indelible pencil and shall add their place of residence by street and number. One of the signers of
each separate paper petition shall make an affidavit that such person, and only such person,
personally circulated such petition and that each signature appended thereto was made in such
person's presence and is the genuine signature of the person whose name it purports to be, and
further, that the signature shall have been placed thereon more than forty-five (45) days prior to
the filing of such petition.
Page 17 of 26
The Colony, Texas
Home-Rule Charter
Sec. 8.04. Filing, examination and certification of petition.
Within ten (10) days after an initiative or referendum petition is filed, the secretary shall
determine whether the same is signed by the requisite number of qualified voters. The city
secretary shall declare void any petition paper which does not have an affidavit attached thereto
as required by section 8.03 of this chapter. After completing examination of the petition, the city
secretary shall certify the results thereof to the city council at its next meeting, stating the
number of persons found on the petition who are qualified to vote and the number of persons
found on the petition who are not qualified to vote. If the certification of the city secretary shall
show an initiative or referendum petition to be insufficient, the city secretary shall notify the
person filing the petition, and it may be amended within ten (10) days from the date of such
notice by filing a supplementary petition upon additional paper signed and filed as provided for
in the original petition. Within ten (10) days after such amendment is filed, the city secretary
shall examine the amended petition and certify as to its sufficiency. If the amended initiative
petition is found to be insufficient, the city secretary shall return the petition to the person filing
same, without prejudice to the filing of a new petition for the same purpose; provided, however,
that upon finding the amended initiative petition to be insufficient, no new petition covering the
same subject matter shall be filed until six (6) months shall have elapsed from the date of filing
of the original initiative petition.
Sec. 8.05. City council consideration and submission to voters.
When the city council receives an authorized initiative petition certified by the city secretary to
be sufficient, the city council shall either:
(a) pass the initiated ordinance without amendment within thirty (30) days after the date of
the certification to the city council; such passage will have the same force and effect as
though it had been adopted by the electorate; or
(b) submit said initiated ordinance without amendment to a vote of the qualified voters of the
city at a general or special election to be held on a date, if permitted by law, within sixty
(60) days after the date of the certification to the city council, or on the next date
thereafter on which such election is permitted by law; or
(c) at such election, submit said initiated ordinance without amendment, and an alternative
ordinance on the same subject proposed by the city council.
No ordinance on the same subject as an initiated ordinance which has been defeated at any
election may be initiated by the voters within two (2) years from the date of such election.
When the city council receives an authorized referendum petition certified by the city secretary
to be sufficient, the city council shall reconsider the referred ordinance, and if upon
reconsideration such ordinance is not repealed, it shall be submitted to the voters at a general or
special election to be held on a uniform election date consistent with the Texas Election Code, as
amended.
Page 18 of 26
The Colony, Texas
Honie-Rule Charter
Sec. 8.06. Ballot form and results of election.
The ballot used in voting upon an initiated or referred ordinance shall state the caption of the
ordinance and below the caption shall set forth on separate lines the words: "For the ordinance"
and "Against the ordinance."
An initiated ordinance and an alternative ordinance proposed by the city council which are
submitted at the same election shall be appropriately identified as the initiated ordinance and as
the ordinance proposed by the city council.
Any number of ordinances may be voted upon at the same election in accordance with the
provisions of this chapter. An ordinance submitted and receiving an affirinative majority of the
votes cast, shall thereupon be effective as an ordinance of the city. An ordinance so adopted may
be repealed or amended at any time after the expiration of two (2) years by affirmative votes of
the city council. A referred ordinance which is not approved by a majority of the votes cast shall
be deemed thereupon repealed.
CHAPTER IX.
TAXATION: COLLECTOR, POWER TO TAX,
METHOD OF ASSESSMENT AND COLLECTION.
Sec. 9.01. Tax collector.
There shall be a city tax collector whose appointment shall be made by the city council and who
shall serve at the pleasure of the city council. The tax collector shall give a surety bond for the
faithful performance of his duties in a sum which shall be established by the city council. In lieu
of appointing a tax collector, the city council may contract for such services.
Sec. 9.02. Power of tax.
The city council shall have power to levy, assess and collect for general purposes an ad valorem
tax on real, personal and fixed property within the territory of the City of The Colony, not
exempt from taxation by the constitution and laws of the State of Texas, based upon its assessed
value as provided by law, to the extent of the constitutional limit permitted by the State of Texas
to cities of over five thousand (5,000) population.
Sec. 9.03. Property subject to tax, method of assessment.
All real property and personal property within the City of The Colony, not expressly exempted
by law, shall be subject to annual taxation. On the first day of January each year, the city
assessor-collector shall make available to each owner of property within the city, a tax rendition
form on which such property owner shall state the value of his property computed in a manner
prescribed by the city council, and shall return said form to the city assessor-collector before the
first day of April of that year. The assessor-collector shall ascertain such property in the city
subject to taxation as has not been rendered and same shall be presented by him to the board of
equalization for valuation by said board.
Page 19 of 26
The Coloi y, Texas
Home-Rule Charter
Sec. 9.04. Taxes when due and payable.
(a) All taxes due the city shall be payable at the office of the tax assessor-collector. The tax
rolls shall be completed and approved not later than October 1st of each year. Taxes shall
become due and payable on October first of the year assessed and shall be paid on or
before January 31st of the following year. The city council may allow discounts for early
payment of taxes as may be provided by ordinance. All such taxes not paid on or before
such date shall be deemed delinquent and shall be subject to such penalty and interest as
the city council may provide by ordinance. The city council may provide further by
ordinance that all taxes, either current or delinquent, due the city may be paid in
installments. Failure to levy and assess taxes through omission in preparation of the
approved tax roll shall not relieve the person, firm or corporation so omitted from
obligation to pay such current or past due taxes as shown to be payable by recheck of the
rolls and receipts for the years in question. The city council may only waive penalties and
interest consistent with state law.
(b) The city assessor-collector shall assess property which has been omitted from assessment
in prior years upon a current supplemental assessment roll. The taxes upon such
supplemental assessment shall be due at once and if not paid within sixty (60) days
thereafter, shall be deemed delinquent and shall be subject to the same penalty and
interest as other delinquent taxes for such year.
Sec. 9.05. Tax lien and liability.
A special lien is hereby created on all taxable property, located in the city, in favor of the city for
all taxes, ad valorem, occupational or otherwise. Said lien shall exist from January 1st in each
year until the taxes are paid. Such lien shall be prior to all other claims, and no gift, sale,
assignment or transfer of any kind, can ever defeat such lien, but the tax assessor-collector can
pursue such property and whenever found may, by judicial writ, seize and sell enough thereof to
satisfy such taxes.
Sec. 9.06. Validity of tax rolls.
No irregularity in the time or manner of making or returning the city assessment rolls or the
approval of such rolls shall invalidate any assessment.
Sec. 9.07. Other rules and regulations.
Except as otherwise provided by law or by this charter, the city council shall have the power to
provide by ordinance for the assessment and collection of all taxes, and to make such rules,
regulations, and mode of procedure to enforce the collection by and payment to the city tax
assessor-collector as it may deem expedient, and may provide such penalties for the failure to
pay such taxes as it may deem expedient.
Page 20 of 26
The Colony, Texas
Home-Rule Charter
CHAPTER X.
FINANCIAL ADMINISTRATION: BUDGET,
APPROPRIATIONS AND INDEBTEDNESS
Sec. 10.01. Fiscal year.
The fiscal year of the city shall begin on the first day of October of each calendar year and shall
end on the thirtieth day of September of the following calendar year. The fiscal year will also be
the accounting and budget year.
All funds collected by the city during any fiscal year, including both current and delinquent
revenue, shall belong to such fiscal year and, except funds designated to pay interest and create a
sinking fund on any indebtedness of the city, may be applied to the payment of the expense
incurred during such fiscal year. Any revenues, uncollected at the end of any fiscal year, and any
unencumbered funds actually on hand, shall become resources of the next succeeding fiscal year.
Sec. 10.02. Budget.
The city manager shall submit a proposed budget to the city council prior to the thirty-first (31 s`)
day of July each year. The budget shall provide a complete financial plan for the fiscal year and
shall contain, but not be limited to the following:
(a) A budget message that shall consist of an outline explaining the proposed financial
policies of the city for the upcoming fiscal year.
(b) A consolidated statement of anticipated receipts and proposed expenditures of all funds.
(c) Tax levies and tax collections from the previous fiscal year.
(d) A proposed list of upcoming expenditures for all bonds.
(e) A projected list of capital projects which are proposed to be undertaken within the three
(3) next succeeding years.
(f) Other such information as may be required by city council.
Sec. 10.03. Proposed budget.
The proposed budget shall be filed with the city secretary not less than thirty (30) days prior to
the time the city council makes its tax levy for the current fiscal year, and shall be available for
the inspection of any taxpayer.
Sec. 10.04. Public hearing on proposed budget.
During the city council meeting at which the proposed budget is submitted, the city council shall
determine the date and place of a public hearing on the budget. The city council shall cause to be
published in the official newspaper of the city, the time and place of such public hearing, as may
be required by state law. At this hearing, citizens may express opinions concerning the proposed
budget.
Page 21 of 26
The Colony, Texas
Home-Rule Charter
Sec. 10.05. Proceeding on adoption of proposed budget.
After public hearing, the city council shall act upon the budget submitted, making such changes
as in their judgment the law warrants and the best interests of the taxpayers of the city demand.
No budget shall be adopted or appropriations made unless the total estimated income and funds
available shall be equal to or in excess of such budget or appropriations, except as otherwise
provided by law.
Sec. 10.06. Appropriation.
From the effective date of the budget, the several amounts stated therein as proposed
expenditures shall be and become appropriated to the several objects and purposes named
therein. Except as provided in this chapter, no funds of the city shall be expended nor shall any
obligation for the expenditure of money be incurred, except pursuant to the annual appropriation
ordinance provided in this chapter. At the close of each fiscal year any unencumbered balance of
appropriation shall revert to the fund from which appropriated and become available for
reappropriation for the next fiscal year. The city council may transfer any unencumbered
appropriation balance or portion thereof from one office, department, or agency to another, at
any time. The city manager shall have authority, with city council approval, to transfer
appropriation balances from one expenditure account to another within a single office,
department, or agency of the city.
Sec. 10.07. Emergency appropriations.
At any time in any fiscal year, the city council may, pursuant to this section, make emergency
appropriations to meet a pressing need for public expenditure, for other than regular recurring
requirements, to protect the public health, safety or welfare. Such appropriation shall be by
emergency ordinance adopted by the affirmative vote of two-thirds (2/3) of the council members.
Should the unappropriated and unencumbered revenues, income and available funds of the city
for such fiscal year be insufficient to meet the expenditures under the appropriation authorized
by this section thereby creating a deficit, the city council shall include the amount of such deficit
in its budget for the following fiscal year, during which such deficit shall be paid off and
discharged.
Sec. 10.08. Borrowing to meet emergency appropriations.
In the absence of unappropriated available revenue or other fiends to meet emergency
appropriations under the provisions of the preceding section, the city council may, by resolution,
authorize the borrowing of money to meet such deficit by the issuance of notes, each of which
shall be designated "Emergency Note" and may be renewed but any such notes and any renewals
thereof shall mature and be payable not later than the last day of the fiscal year in which the
emergency appropriation was made, as provided in the last preceding section.
See. 10.09. Depository.
All moneys received by any person, department, or agency of the city for or in connection with
affairs of the city shall be deposited in the city depository or depositories which shall be
designated by the city council in accordance with such regulations and subject to such
requirements as to security for deposits and interest vouchers, or warrants for the withdrawal of
Page 22 of 26
The Coloiy, Texas
Home-Rule Charter
money from the city depositories shall be signed by two (2) individuals as prescribed by
ordinance.
Sec. 10.10. Defect shall not invalidate the tax levy.
Error 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.
Sec. 10.11. Power to issue bonds.
In keeping with the constitution of the State of Texas, and not contrary thereto, the City of The
Colony, shall have the right to issue all tax bonds, revenue bonds, funding and refunding bonds,
time warrants and other evidences of indebtedness as now authorized or as may hereafter be
authorized to be issued by cities and towns by the general laws of the State of Texas.
Sec. 10.12. Manner of issuance.
Bonds and wan-ants of the City of The Colony shall be issued in the manner provided by the
general laws of the State of Texas applicable to cities and towns.
Sec. 10.13. Audit of financial records.
At the close of each fiscal year, the city council shall cause an independent audit to be made by a
certified public accountant. The accountant will be appointed by the city council and shall have
no personal interest in the financial affairs of the City of The Colony or any of its officers.
During the course of the audit all the financial records of the city together with pertinent details
of any or all transactions, as deemed necessary by the auditor, shall be made available for
examination. Upon completion, the final report of audit will be placed on permanent file in the
office of the city secretary and will be available for public inspection.
CHAPTER XI.
CODE OF CONDUCT
Sec. 11.01. Ethics.
No officer of the City or a relative of an officer shall knowingly:
(a) Represent or appear on behalf of the private interests of others before the city council, the
board, commission or committee of which the officer is a member, or before the city
council or other board on an appeal from such board, commission or committee
concerning such matter;
(b) Use such person's official position or knowledge from the official position to secure
special privileges or exemptions for the purpose of achieving monetary gain for such
person or others;
(c) Grant any special consideration, treatment or advantage to any citizen, individual,
business organization or group beyond that which is normally available to every other
citizen, individual, business organization or group;
Page 23 of 26
The Colon.Y, Texas
Home-Rule Charter
(d) Disclose or reveal any information, or the contents of any discussion, considered during
an executive session or closed meeting conducted pursuant to the Texas Open Meetings
Act, V.T.C.A., Government Code Chapter 551, as amended, held by the city council, any
City agency, board, commission, committee, or department except as may be authorized
by a majority vote of that body, or as required by law or a court of competent jurisdiction.
(e) Directly or indirectly use any confidential information which was gained by reason of
such person's official position for such person's own personal gain or benefit or for the
benefit of others. Disclose or reveal any information or the contents of any discussion
which would violate the provisions of the Texas Public Information Act, V.T.C.A.,
Government Code Chapter 552, as amended, or the Texas Open Meetings Act, V.T.C.A.,
Government Code Chapter 551, as amended;
(f) Definition: An "officer" or "official" of the City is a person who holds an appointed or
elected position that exercises responsibilities beyond those that are merely advisory in
nature. An officer includes, but is not limited to, city council members, members of the
Planning and Zoning Commission, the Board of Adjustment, city manager, City
Secretary, and Municipal Court Judge.
Sec. 11.02. Nepotism.
No person may be employed, appointed, or confirmed to any position that is to be paid by public
funds if that individual is related by consanguinity within the third degree or within the second
degree by affinity to any member of the city council or the city manager.
Sec. 11.03. Conflict of interest.
It shall be grounds for removal from office or termination of employment with the City if an
official knowingly violates the provisions of this section or participates in a vote or decision on
any matter involving a business entity or real property in which the official has a "substantial
interest," consistent with chapter 171 of the Texas Local Government Code, as amended. Any
willful violation of this section shall constitute malfeasance in office and any officer or employee
found guilty thereof shall thereby forfeit his or her office or position. Any violation of this
section with the knowledge, express or implied, of the person or the corporation contracting with
the governing body of the City shall render the contract involved voidable by the city manager or
the city council.
Sec. 11.04. Lobbying by former officials.
No fornicr officer of the City shall knowingly represent or appear on behalf of the private interest
of others before the city council, the board, commission or committee of which the officer
formerly served, for at least six (6) months after the officer ends his association or service with
the City.
Sec. 11.05. Boards and commissions.
No person serving on any board, commission or committee may be related within the second
degree by consanguinity or the first degree by affinity to any city council member or other
member serving on the same board, commission or committee.
Page 24 of 26
The Colony, Texas
Home-Rule Charter
CHAPTER XII.
GENERAL PROVISIONS
Sec. 12.01. Publicity of records.
All records and accounts of every office, department, or agency of the city shall be open to
inspection by any citizen or by any representative of the press at all reasonable times and under
such reasonable regulations as may be established by the city manager and/or the city council,
except records and documents the disclosure of which would tend to defeat the lawful purpose
which they are intended to accomplish or those records and documents prohibited from
disclosure by law.
Sec. 12.02. Official bond for city employees.
The city council shall require bonds of all municipal officers and employees who receive or
disburse any funds of the city. The amount of such bonds shall be determined by the city council
and the cost thereof shall be paid by the city.
Sec. 12.03. Tort liability.
Before the city shall be liable for damages for the death or personal injuries of any person or for
damages to or destruction of property of any kind, which does not constitute a taking or
damaging of property under Article I, section 17, Constitution of the State of Texas, the person
injured, if living, or his representatives, if deceased, or the owner, his agent or attorney of the
property damaged or destroyed shall give the city manager or city secretary notice in writing of
such death, injury, damage or destruction, duly verified by affidavit, within ninety (90) days after
the same has been sustained, stating specifically in such written notice when, where, and how the
death, injury, damage or destruction occurred, and the apparent extent of any such injury, the
amount of damages sustained, the actual residence of the claimant by street and number, at the
date the claim is presented, the actual residence of such claimant for six (6) months immediately
preceding the occurrence of such death, injury, damage or destruction, and the names and
addresses of all witnesses upon whom it is relied to establish the claim for damages. No action at
law for damages shall be brought against the city for such death, injury, damage or destruction
prior to the expiration of sixty (60) days after the notice hereinbefore described has been filed
with the city manager or the city secretary.
Sec. 12.04. Severability clause.
If any section or part of section 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 an entire
section or part of section may be inseparably connected in meaning and effect with the section or
part of section to which such holding shall directly apply.
Sec. 12.05. Effect of charter on existing laws.
All codes, ordinances, resolutions, rules and regulations in force on the effective date of this
charter, and not in conflict with this charter shall remain in force until altered, amended or
repealed by the city council. All taxes, assessments, liens, encumbrances and demands, of or
against the city, fixed or established before such date, or for the fixing or establishing of which
Page 25 of 26
The Colony, Texas
Nonce-Rule Charter
proceedings have begun at such date, shall be valid when properly fixed or established either
under the law in force at the time of the beginning of such proceedings or under the law after the
adoption of this charter. All rights of the city under existing franchises and contracts and all
existing authority for the issuance of bonds, granted prior to adoption of this charter, shall be
preserved in full force and effect.
Sec. 12.06. Applicability of general laws.
The constitution of the State of Texas, the statutes of said state applicable to home rule municipal
corporations, as now or hereafter enacted, this charter and ordinances enacted pursuant hereto
shall in the order mentioned, be applicable to the City of The Colony but the city shall also have
the power to exercise any and all powers conferred by the laws of the State of Texas upon any
kind of city, town or village, not contrary to the provisions of said home rule status, charter and
ordinances, but the exercise of any such powers by the City of The Colony shall be optional with
it, and it shall not be required to conform to the law governing any other cities, towns or villages
unless and until by ordinance it adopts same.
Sec. 12.07. Amending the charter.
Amendments to this charter may be formulated and submitted to the voters of the city in the
manner provided by the Texas Elections Code, as amended.
Sec. 12.08. 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.
Sec. 12.09. Gender of wording.
The masculine gender of the wording used throughout this charter shall always be interpreted to
mean either sex.
Sec. 12.10. No Waiver of Immunity.
Nothing in this charter is intended to waive the city's governmental immunity from suit and/or
damages.
Page 26 of 26
The Colony, Texas
Home-Rule Charter