OR 95-732 Amends the Home Rule Charter AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 95732
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
DECLARING AMENDMENTS TO THE HOME RULE CHARTER VOTED
ON BY THE VOTERS OF THE CITY OF COPPELL AT AN ELECTION
HELD ON NOVEMBER 7, 1995, TO BE ADOPTED AND APPROVED AS
AMENDMENTS TO THE HOME RULE CHARTER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, adopted Ordinance No.
95709 ordering that an election be held in the City of Coppell, Texas, on November 7, 1995, for
the purpose of voting on proposed amendments to the Home Rule Charter of the City of Coppell
and caused notice of said election to be given in the manner and for the time provided by law;
and
WHEREAS, immediately after said election, the presiding judges and other election
officials holding said election made the returns and results thereof to the City Council; and
WHEREAS, a majority of the votes cast at said election were for the adoption of the
propositions amending the Home Rule Charter of the City of Coppell, Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.
That the amendments to the Home Rule Charter, approved and adopted by the voters of
the City of Coppell at an election held for that purpose on November 7, 1995, be, and the same
are hereby, declared to be amendments to the Home Rule Charter of the City of Coppell, to take
effect immediately from and after the passage of this Ordinance.
SECTION 2.
That the City Council f~nds and determines that all of said proposed Charter amendments
were approved and adopted by the voters and have been incorporated within the body of the
Home Rule Charter. The Home Rule Charter as it reads after the adoption of such amendments
is attached hereto as Exhibit "A" and made a part hereof for all purposes.
SECTION 3.
That the City Secretary shall record in the office of the City Secretary the Charter
amendments adopted by the voters of the City and, pursuant to Section 9.007, Texas Local
Government Code, the Mayor shall certify to the Secretary of State of the State of Texas an
authenticated copy of this Ordinance and said amendments to the Home Rule Charter as
incorporated in Exhibit "A", under the seal of the City, showing the approval by the qualified
voters of the City of Coppell, Texas.
SECTION 4.
This Ordinance shall take effect immediately from and after its passage as the law and
charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the/-; '
day of December, 1995.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
LIN~ Gi/iU, CITY SECRETARY
APPROVED AS TO FROM:
(RLD/ckh 11-9-95)
AGGO78CE
STATE OF TEXAS §
COUNTY OF DALLAS §
I, Tom Morton, Mayor of the City of Coppell, Texas, do hereby certify that the attached
is a true and correct copy of Ordinance No. ~"-5'( 7 -~ ?~ of the City of Coppell, Texas, declaring
that certain Charter amendments to the Home Rule Charter of the City of Coppell are adopted,
attaching the Home Rule Charter as amended as Exhibit "A" thereto, as the same appears on file
in the office of the City Secretary of the City of Coppell, Texas, and that this Ordinance is
certified to the Secretary of State of the State of Texas under the City's seal as required by
Section 9.007 of the Texas Local Government Code.
Tom Morton, Mayor
City of Coppell, Texas
/ /
bAT
(SEAL)
AGG078CE
HOME RULE CHARTER
FOR THE
CITY OF COPPELL, TEXAS
PREAMBLE
We, the citizens of the City of Coppell, Texas, in order to establish
a home rule municipal government, provide for the future progress
of our city and obtain more fully the benefits of local self
government, and provide for the public welfare, hereby adopt this
home rule charter in accordance with the statutes of the State of
Texas; and do hereby declare the residents in the City of Coppell,
Texas, living within the legally established boundaries of the said
city, to be a political subdivision of the State of Texas,
incorporated forever under the name and style of the "City of
Coppell" with such powers, rights, privileges, authorities, duties
and immunities, as are herein provided.
Home Rule Charter, 1995 Printing
ARTICLE 1
FORM OF GOVERNMENT AND BOUNDARIES
SECTION 1.01 FORM OF GOVERNMENT
The municipal government provided by this charter, shall be known as "Council Manager
Government." Pursuant to its provisions and subject only to the limitations imposed by
the state constitution, the statutes of this state and by this charter, all powers of the city
shall be vested in an elective council, hereinafter referred to as the "City Council": which
shall enact local legislation, adopt budgets, determine policies and appoint the city
manager, who in turn shall be held responsible to the City Council for the execution of
the laws and the administration of the government of the city. All powers of the city shall
be exercised in the manner prescribed by this charter, or if not prescribed, then in such
manner as may be prescribed by ordinance, by the state constitution or by the statutes of
the State of Texas.
SECTION 1.02 THE BOUNDARIES
The inhabitants of the City of Coppell, Texas, residing within its corporate limits as
heretofore or hereafter established, are hereby constituted and shall continue to be a
municipal body politic and corporate, in perpetuity, under the name of the "City of
Coppell" with such powers, privileges, rights, duties, authorities and immunities, as are
herein provided.
SECTION 1.03 EXTENSION OF BOUNDARIES
The boundaries of the City of Coppell, Texas, may be enlarged and extended by the
annexation of additional territory in accordance with the provisions of State law.
A. Extending Boundaries by Action of the City Council
The City Council, by ordinance, shall have the power to annex additional territory
adjacent to and contiguous with the city limits, with or without the consent of the
residents and/or the owners of the territory annexed in accordance with the
provisions of State law.
B. Annexation of Lands on Petition of Owners
The owner or owners of land contiguous with and adjacent to the city limits may,
by petition in writing to the City Council, request said land be annexed into the
city. The City Council may grant or refuse the petition. If the City Council grants
the petition, it shall, by ordinance, annex said land as part of the corporate limits
of the city in accordance with the provisions of State law.
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1
C. Annexation by any Other Method Provided by Law
Additional territory may also be annexed into the city in any manner and by
procedure now or hereafter provided by law.
SECTION 1.04 CONTRACTION OF BOUNDARIES
The City Council may, when it deems appropriate or in the best interest of the city, dis-
annex territory which has previously been a part of the incorporated city limits of the City
of Coppell.
ARTICLE 2
POWERS OF THE CITY
SECTION 2.01 GENERAL
A. The City of Coppell may use a corporate seal; may sue and be sued; may contract
and be contracted with; may implead and be impleaded in all courts in all matters
whatsoever; may cooperate with the government of the State of Texas or any
agency thereof, the federal government or any agency thereof, or any political
subdivision of the State of Texas; and shall have a/1 the powers granted to cities
by the constitution and laws of the State of Texas together with all the implied
powers necessary to carry into execution all the powers granted.
B. The city may own or acquire property within and without its boundaries for any
municipal purpose in fee simple or in any lesser interest or estate, by purchase,
gift, devise, lease or condemnation; may sell, lease, hold, manage, control and
police any property now owned by it or which it may hereafter acquire, and shall
have the right to lease or let its property whether inside or outside of the city
limits, subject to the limitations hereinafter set out, and may construct, own, lease,
operate and regulate public utilities; may assess, levy and collect taxes for general
and special purposes on all lawful subjects of taxarion; may borrow money on the
faith and crecLit of the city by the issuance and sale of bonds, warrants or notes of
the city; may appropriate the money of the city for all lawful purposes; may
regulate and control the use, for whatever purpose, of the streets and other public
places; may make and enforce all police, health, sanitary and other regulations;
may pass such ordinances as may be expedient for the protection and maintenance
of good government, peace and welfare of the city, for the performance of the
functions thereof, and for the order and security of its residents; may provide
suitable penalties for the violations of any ordinance enacted by the City of
Coppell; and, except as prohibited by the constitution and laws of this state, or as
restricted by this charier, the city may exercise and shall have all municipal
powers, functions, rights, privileges, authorities and immunities, of every name
and nature whatsoever.
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2
SECTION 2.02 GENERAL POWERS ADOPTED
The enumeration of the particular powers of this charter shall not be held or deemed to
be exclusive, but in addition to the powers enumerated herein or implied hereby or
appropriate to the exercise of such powers, the city shall have and may exercise all
powers of local self-government and all other powers which, under the constitution and
laws of the State of Texas, it would be competent for this charter specifically to
enumerate.
SECTION 2.03 EMINENT DOMAIN
The city shall have the full power, authority and right 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 and laws of the State of Texas. The city may exercise
the power of eminent domain in any manner authorized or permitted by the constitution
and laws of this state. The power of eminent domain hereby conferred shall include the
right of the city to take the fee in land so condemned, and such power and authority shall
include the right to condemn public property for such purposes. The city shall have and
possess the right and power of condemnation for any and all municipal or public purposes
even though not specifically enumerated in this charter.
ARTICLE 3
THE CITY COUNCIL
SECTION 3.01 NUMBER, SELECTION AND TERM
The legislative and governing body of the city shall consist of a mayor and seven
councilmembers and shall be known as the "City Council of the City of Coppell, Texas."
A. The mayor and councilmembers shall be elected by the qualified voters of the city
at large, each of whom, unless sooner removed by the provisions of this charter,
shall serve for a term of two years or until their successors have been duly elected
and qualified. Each councilmember shall occupy a position on the City Council,
such positions being numbered as Places 1 through 7.
B. All members of the City Council, other than the mayor, shall be elected under the
place system. At each regular election of municipal officers in May of each even
numbered year, there shall be elected one councilmember for Place 1, one
councilmember for Place 3, one councilmember for Place 5 and one
councilmember for Place 7, each to serve a two-year term; and at the election of
municipal officers in May of each odd-numbered year, there shall be elected a
mayor for a two-year term and one councilmember for Place 2, one
councilmember for Place 4 and one councilmember for Place 6, each for a two-
year term.
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3
SECTION 3.02 QUALIFICATION OF MEMBERS
In addition to any other qualifications prescribed by law, the mayor and each
councilmember shall meet the conditions of this charter, while in office, and shall reside
within the city limits while in off'ice. Any member of the City Council ceasing to possess
any of the qualifications specified in this section, or convicted of a felony while in office,
shall immediately forfeit such position.
SECTION 3.03 JUDGE OF ELECTIONS AND QUALIFICATIONS
The City Council shall be the final judge of all elections and of qualifications of its
members.
SECTION 3.04 COMPENSATION
The mayor and members of the City Council of Coppell shall serve without pay or
compensation; provided, however, that they shall be entitled to reimbursement of and for
necessary expenses incurred in the performance of their official duties.
SECTION 3.05 MAYOR AND MAYOR PRO TEM
The mayor shall be recognized as the official head of the city government for all
ceremonial purposes and by the governor for purposes of military law but shall have no
administrative duties. The mayor shall be the chairman and shall preside at all meetings
of the City Council. The mayor shall vote only in a case of a tie on all propositions
before the City Council, but shall have no power to veto. The city manager shall sign and
execute for and on behaff of the city all contracts and agreements approved by the City
Council and when the city manager is not available the acting city manager or mayor may
sign and execute such contracts and agreements which have been approved by the City
Council. The mayor shall, when authorized by the City Council, sign any official
document such as ordinances, resolutions, conveyances, grant agreements, official plats,
contracts and bonds.
The mayor pro tem shall be a councilmember elected by the City Council at the first
regular City Council meeting following either each regular city election or run-off election
if such occurs. The mayor pro tem shall act as mayor during the disability or absence of
the mayor and in this capacity shall have the rights conferred upon the mayor.
SECTION 3.06 VACANCIES, FORFEITURE AND FlLLING OF VACANCIES
A. Vacancies
The office of a councilmember or office of the mayor shall become vacant upon
such person's death, acceptance of a resignation by the City Council, removal
from office in any manner authorized by law or forfeiture of office.
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B. Forfeiture
A member of the City Council shah forfeit his or her office if such person:
1. During his or her term of office lacks any qualification at any time for the
office prescribed by this charter or by law;
2. Violates any express prohibition of this charter,
3. Is convicted of a crime involving moral turpitude: or
4. Falls to attend tlmee (3) consecutive regular City Council meetings without
being excused by the City Council.
The City Council shall be the final judge in matters involving forfeiture of office.
C. Filling of Vacancies
If one or more vacancies shall occur less than ninety (90) days before a regular
city election, no special election shall be called, but the remaining members of the
council by a majority vote shall appoint a qualified person or persons to fdl such
vacancy or vacancies to serve only until the regular city election when such
vacancy or vacancies shall be filled for the remainder of the unexpired term.
If one or more vacancies shall occur ninety (90) days or more before a regular
city election, a special election shall be called for the next available uniform
election date to fill the vacancy or vacancies, when such vacancy or vacancies
shall be filled for the remainder of the unexpired term, if any. (Amended
November, 1995)
Any person appointed shall be qualified for the office as required by this charter.
Notwithstanding the requirement that a quorum of the City Council consists of
five (5) councilmembers, if at any time the membership of the City Council is
reduced to less than five (5) councilmembers, the remaining members may, by
majority action, appoint additional councilmembers to raise the membership to five
(5). These appointees shall serve until the positions can be filled at the next
regular or special city election. All vacancies filled by election shall be for the
remainder of the unexpired term of the office so filled.
SECTION 3.07 POWERS OF THE CITY COUNCIL
All powers of the city shall be vested in the City Council, except as otherwise provided
by law or this charter. The City Council shah provide for the exercise thereof and the
performance of all duties and obligations imposed upon the city by law.
SECTION 3.08 PROHIBITIONS
A. Holding Other Office
Except where authorized by law, members of the City Council shall not hold any
other city office or city employment during their terms, and no former member
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5
of the City Council shall hold any compensated appointive city office or city
employment until one (1) year after the expiration of his or her term as a member
of the City Council.
B. Appointments and Removals
Neither the City Council nor any of its members shall in any manner dictate the
appointment or ramoval of any city administrative officer or employee that the
city manager or any subordinates are empowered to appoint. (Amended
November, 1995)
C. Interference with Administration
Except for the purpose of inquiry and investigation as provided by this charter, the
City Council and 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.
SECTION 3.09 MEETINGS OF CITY COUNCIL
The City Council shall hold at least one (1) regular meeting each month and as many
additional meetings as it deems necessary to transact the business of the city. The City
Council shall fix, by ordinance, the date and time of the regular meetings. Special
meetings of the City Council shall be held on the call of the mayor or a majority of the
city councilmembers.
SECTION 3.10 QUORUM
Five (5) councilmembers of the City Council shall constitute a quorum for the purpose
of transaction of business, and no action of the City Council shall be valid or binding
unless adopted by an affirmative vote of four (4) or more members of the City Council
unless otherwise provided for by law.
SECTION 3.11 CONFLICT OF INTEREST AND ABSTENTION
A. Conflict of Interest
No member of the City Council, the mayor, or any other officer, whether elected,
appointed, paid or unpaid, who exercises responsibilities beyond those that are
advisory in nature, shall participate in a vote or decision on a matter involving a
business entity in which such officer has a substantial interest if it is masonably
foreseeable that an action on the matter would confer an economic benefit on the
business entity. If the officer or a person related to the officer within the second
degree of affinity or consanguinity has a substantial interest in the business entity
that would be pecuniarily affected by an official action of the City Council, the
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6
officer, if a member of the City Council, shall file an affidavit with the city
secretary stating the nature and extent of the interest and abstain from further
participation in the matter. The terms used in this section shall be as defined in
Chapter 171, Local Government Code. (Amended November, 1995)
B. Abstention
Should any member of the City Council choose to abstain from voting on any
question before the City Council, where no declared conflict of interest exists, the
abstention shall be recorded as an affirmative vote in favor of the motion pending
before the City Council in the official minutes of the City of Coppelt. (Amended
November, 1995)
SECTION 3.12 RULES OF PROCEDURE
The City Council shall, by ordinance, determine its own rules and order of business, and
the rules shall provide that citizens of the city shall have a reasonable opportunity to be
heard at any regular City Council meeting. Such ordinance shall also provide a method
by which a citizen may have an item placed on the City Council agenda. The rules
established by the City Council for this procedure may include a provision which permits
the City Council to set reasonable time limits to be adhered to by persons appearing
before the City Council.
The City Council shall provide for written minutes to be taken of all meetings, except
executive sessions authorized by law, and such minutes shall be a public record and shall
be kept and maintained by the city secretary. Voting shall be recorded in the minutes.
Except on procedural motions, voting shall be by roll call called by the city secretary or
person serving as city secretary and shall be recorded in the minutes.
SECTION 3.13 PASSAGE OF ORDINANCES IN GENERAL
A. Form
The City Council shall legislate by ordinance only, and the enacting clause of
evenj ordinance shall be "Be it ordained by the City Council of the City of
Coppell, Texas." Each proposed ordinance shall be inlroduced in the written or
printed form required for adoption. An ordinance shall not be amended or repealed
except by the adoption of another ordinance.
B. Proedure
Any member of the City Council may offer any ordinance in writing that has been
placed on the agenda at the regular City Council meeting. Copies of proposed
ordinances, in the form required for adoption, shall be furnished to members of
the City Council. The City Council shall adopt a rule which shall provide that no
action be taken on any ordinance which has not been made available to the
council and to the public concurrently. (Amended November, 1995)
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7
C. Effective Date
Every ordinance shall become effective upon adoption, or at any later time
specified in the ordinance, except that every ordinance imposing any penalty, fine
or forfeiture shah become effective after publication of its caption once in the
official newspaper of the city.
D. Reading
The reading aloud of a tide and caption of the ordinance shall suffice as a reading.
If two (2) councilmembers request that the ordinance be read in its entirety it must
be so read.
SECTION3.14 AUTHENTICATION, RECORDING, CODIFICATION, PRINTING AND
DISTRIBUTION
A. Authentication and Recording
The city secretary shall record in a properly indexed book kept for that purpose,
all ordinances and resolutions adopted by the City Council, and such ordinances
and resolutions sha~~ be open for public inspection. Ordinances shall be numbered
consecutively in the order in which adopted. The city secretary shall attest the
signature of the mayor or officer signing such ordinance.
B. Codification
The codification of ordinances of the City of Coppell duly adopted by the
governing body of the City of Coppell on the first day of April 1982, shah
continue to be known as the Code of Ordinances of the City of Coppell, Texas,
and every general ordinance enacted subsequent to such codification shall be
enacted as an amendment to such code. General ordinances shall be deemed to be
those ordinances of a permanent or continuing nature which affect the residents
of the city at large. A copy of this charter shall be placed within the code book,
and such codification shall be updated at least once each year. This compilation
shall be known and cited officially as the Coppell City Code and shall be in full
force and effect without the necessity of such code or any part thereof being
published in any newspaper. The caption, descriptive clause and other formal parts
of the ordinances of the city may be omitted without affecting the validity of such
ordinances when they are published in the code.
C. Printing of Ordinances and Resolutions
The City Council shall cause each ordinance and each amendment to this charter
to be printed promptly following its adoption, and the printed ordinances and
charter amendments shall be distributed free or sold to the public at reasonable
prices to be fixed by the City Council. A copy of each ordinance and resolution
may be placed in city offices and a copy of the city code, together with this
charter, shall be furnished to the Coppell Public Library.
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8
SECTION 3.15 INVESTIGATIONS BY THE CITY COUNCIL
The City Council shall have the power to inquire into the official conduct of any
department, agency, office, officer or employee of the city, and for that purpose shall
have the power to administer oaths, subpoena witnesses and compel the production of
books, papers and other evidence material to the inquiry. The City Council shall provide,
by ordinance, penalties for contempt for failing or refusing to obey any such subpoenas
or to produce any such books, papers or other evidence, and shall have the power to
punish any such contempt in the manner provided by such ordinance.
SECTION 3.16 BOND
The City Council shall require bonds of all municipal officers and employees who receive
and/or pay out any monies of the city. The amount of such bonds shall be determined by
the City Council and cost thereof shall be borne by the city.
ARTICLE 4
ADMINISTRATIVE SERVICES
SECTION 4.01 CITY MANAGER
A. Appointment and Qualifications
The City Council shall appoint a city manager who shall be the chief
administrative and executive officer of the city, and shall be responsible to the
City Council for the administration of all the affairs of the city. The city manager
shall be chosen by the City Council solely on the basis of executive and
administrative training, experience and ability and need not, when appointed, be
a resident of the City of Coppell; but, each city manager chosen subsequent to the
adoption of this charter must become a resident of the City of Coppell within a
reasonable time. No member of the City Council shall, during the term for which
elected or appointed and for one (1) year thereafter, be appointed city manager.
B. Compensation, Review and Authority to Execute Contracts and Agreements
The City Council shall fix the compensation to be received by the city manager,
and the compensation may be amended from time to time in accordance with the
city manager's experience, qualifications and performance. The city manager shall
be reviewed at least once a year by the City Council. The city manager shall sign
and execute for and on behalf of the city all contracts and agreements approved
by the City Council and when the city manager is not available the acting city
manager or mayor may sign and execute such contracts and agreements which
have been approved by the City Council. (Amended May 1989)
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C. Term and Removal
The city manager shall serve at the pleasure of the City Council and have no fixed
term of office. The City Council shall have the sole authority to remove the city
manager from office. (Amended November, 1995)
D. Duties
The city manager shall be empowered to:
1. Appoint, and when deemed necessary for the welfare of the city, suspend
or remove any or all city employees and appointive administrative
personnel provided for by this charter, and shah promulgate such rules and
regulations deemed appropriate and necessary for the exercise of this
authority;
2. Direct and supervise the administration of all deparhnents, offices and
agencies of the city, except as otherwise provided by law or this charter;
3. See that all state laws and city ordinances are effectively enforced;
4. Auend all City Council meetings and have the right to take part in
discussions, but shah not vote;
5. Prepare and accept items for inclusion in the official agenda of all City
Council meetings and meetings of boards and commissions as established
by this charter,
6. Prepare and submit to the City Council the annual budget and capital
program, and administer the budget as adopted by the City Council;
7. Keep the City Council fully advised as to the financial condition and
future needs of the city, and make such recommendations concerning the
affairs of the city as the City Council deems desirable or necessary;
8. Make reports as necessary or as the City Council may require concerning
the operations of the city departments, offices or agencies;
9. Perform such other duties as are specified in this charter or may be
required by the City Council, and are not inconsistent with this charter,
and
10. The City Council may by ordinance establish certain limitations within
which the city manager may be authorized to sign and execute contracts
for and on behalf of the city without specific City Council approval.
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E. Acting City Manager
The city manager shall, within thirty (30) days of taking office and at appropriate
subsequent times, designate by letter filed with the city secretary, an alternate to
perform the duties of the city manager in the case of absence or disability. The
City Council shall ratify the city manager's designated alternate. During the
absence or disability of the city manager, the City Council may revoke such
designation and appoint another person to serve as acting city manager until the
city manager shall return or disability shall cease. The acting city manager shall
be a qualified administrative officer of the city at the time of the designation. No
member of the City Council shall serve as acting city manager, unless the council
shall deem the situation to be an emergency, in which case it shall require at least
four (4) affmnative votes to declare such emergency.
SECTION 4.02 POLICE DEPARTMENT
A. There shall be established and maintained a Depa~hnent of Police to preserve
order within the city and to secure the residents of said city from violence, and the
property therein, from injury or loss.
B. The chief of police shall be the chief administrative officer of the Department of
Police, and shall, with the approval of the city manager, appoint and remove the
employees of said deparm~ent. The chief of police shall be appointed by the city
manager for an indefinite term. The chief of police shall be fully responsible to
the city manager for the administration of the depeuht~ent and for the carrying out
and enforcement of the resolutions and ordinances of the City Council. The chief
of police may be removed from office by the city manager.
SECTION 4.03 FIRE DEPARTMENT
A. There shall be established and maintained a Fire Depamnent to protect the city
and the property of its citizens from destruction by fire and conflagration.
B. The fife chief shall be the chief administrative officer of the Fire Depa~hnent, and
shall, with the approval of the city manager, appoint and remove the employees
of said department. The fire chief shall be fully responsible for carrying out
enforcement of the resolutions and ordinances of the City Council, and shall
peffonn such other duties as may be required by the city manager. The fire chief
may be removed from office by the city manager. (Amended November, 1995)
SECTION 4.04 FINANCE DEPARTMENT
A. There shall be established and maintained a Department of Finance for the custody
and disbursement of city funds and monies.
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11
B. The director of f'mance snail be the chief administrative officer of the Department
of Finance who shall render a complete and composite statement of receipts,
deposits and disbursements as the City Council shall require; assist all departments
with their budgetary functions and maintain a general accounting system; audit
and approve all bills before payment; and shall serve as purchasing officer of the
city unless allowed to delegate this function by the city manager. The dhector of
finance shall appoint and remove the employees of said department, subject to the
review of the city manager, and shah perform other duties as may be requ'tred by
the city manager. The director of fmance shall be appointed by the city manager
for an indefinite term.
SECTION 4.05 CITY SECRETARY
The city manager shall appoint an officer of the city who shall have the ti~e of city
secretary. The city secretary shall give notice of the council meetings, shall keep minutes
of its proceedings, shall authenticate by signatom and record in full, all ordinances and
resolutions in a book kept for that purpose, and shall perform such other duties as shall
be required by this charter or by the city manager. The city secretary may be removed
from office by the city manager. (Amended November, 1995)
SECTION 4.06 MUNICIPAL COURT
A. General
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 additional municipal courts
as authorized by law.
B. Municipal Court Judge
The City Council shall appoint a judge of the Municipal Court, who shall be a
competent, duly qualified, licensed attorney in the State of Texas. The judge of
the Municipal Court shall be appointed to a term of two (2) years, and may be
appointed to additional and consecutive terms upon completion of the term of
office. The appointment of the judge may be terminated by a majority vote of the
City Council. The judge shall receive compensation as may be determined by the
City Council. The compensation shall be fixed, and commensurate with the duties
performed by the judge.
C. Clerk of the Court
The city manager shall appoint a clerk, and may appoint deputies of the Municipal
Court. The clerk and deputies shall be bonded at city expense, in an amount
deemed adequate by the City Council, and shall receive compensation as may be
determined by the city manager. The clerk and deputies, as employees of the city,
may be removed by the city manager.
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The clerk of said court and the deputies shall have the power to administer oaths
and affidavits, make certificates, affix the seal of said court thereto, and generally
do and perform any and all acts usual and necessary to be performed by the clerks
of courts in issuing process of said courts and conducting the business thereof.
D. Alternate Judge
The City Council shall appoint an aitemate judge who shall have the same
qualifications of municipal judge who shall receive such salary as may be fixed
by the City Council. In case of the disability or absence of the judge of the
Municipal Court, the aitemate judge shall have authority to act as judge of said
court.
E. Costs, Fines and Penalties
All costs, fines and penalties imposed by the Municipal Court shall be paid into
the city treasury for the use and benefit of the city, as may be consistent with
present and future state laws.
SECTION 4.07 CITY ATTORNEY
A. Appointment and Qualifications
The City Council, in consultation with the city manager, shall appoint a
competent, duly qualified, licensed and practicing attorney in the State of Texas,
who shall serve as the city attorney.
B. Removal
The city attorney shall serve at the pleasure of the City Council and as such shall
have no property right to continued employment.
C. Duties
The city attorney shall be required to:
1. Serve as a legal advisor to the City Council and city manager,
2. Represent the city in litigation and legal proceedings as directed by the
City Council and city manager;, and
3. Review and provide opinions as requested by the City Council or city
manager on contracts, legal instruments and ordinances of the city;
D. Compensation
The city attorney shall receive compensation as may be determined by the City
Council.
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E. Additional Attorneys
The city attorney, with approval of the City Council, may select additional
attorneys to act for the city attorney and the city in its representation and
litigation.
F. Firm May Designate Individual To Serve as City Attorney
The City Council may contract with an attorney or with a firm of attorneys who
may designate one (1) member of said firm to serve as city attorney. (Amended
November, 1995)
SECTION 4.08 DEPARTMENT OF HEALTH AND SANITATION
A. Appointment and Qualifications
The City Council shall appoint a city bealth officer, who shall be a licensed
physician qualified to practice medicine in the State of Texas, and may or may not
be a resident of the City of Coppcll.
B. Duties of Health Officer
The city health officer shall have those duties and obligations as required by State
law.
SECTION 4.09 PERSONNEL SYSTEM
A. Except for the purposes of inquiry, the City Council and its members shall deal
with the city administrative services solely through the city manager. Neither the
City Council nor its members shall give orders to any subordinates of the city
manager, either publicly or privately, except as may be provided in this charter.
B. Personnel rules shall be prepared by the city manager and presented to the City
Council for approval; provided, however, that a rule or regulation which involves
the expenditure or commitment of public funds must have the approval of the City
Council. The adopted rules shall establish the city as an equal opportunity
employer and shall govern the equitable administration of the personnel system
of the city.
C. The adopted rules shall provide for the following requirements, among others:
1. A pay and benefit plan for all city employment positions;
2. A plan for working hours, attendance policy and regulation, and provision
for sick leave, vacation and designated holiday leave;
3. Procedur !s providing due process for the hearing and adjudication of
grievances;
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4. Additional practices and procedures necessary to the beneficial and
equitable administration of the city's personnel system; and
5. A plan for oral and written evaluation on an annual basis for all city
employees by their immediate supervisors including evaluation of the city
manager by the City Council.
SECTION 4.10 CITY ENGINEER
A. Appointment and Qualifications
The city manager shall appoint or hire a competent, duly qualified, registered and
practicing professional engineer in the State of Texas who shall serve as city
engineer. The city engineer shall have a principal area of knowledge in civil
engineering.
B. Removal
The city engineer shall serve at the pleasure of the city manager and shall not
have a property right to continued employment.
C. Duties
The city engineer shall be required to serve as engineering advisor to the city
manager and City Council, and perform such other duties as may be required by
the city manager or City Council.
D. Special Engineering Services
The city manager, with the approval of the City Council, shall have the right to
retain special engineering services at any time deemed necessary and appropriate.
E. Compensation
The city engineer shall receive compensation as may be determined by the city
manager. (Amended May 1989)
F. Term City Engineer
The term "city engineer" may refer to an individual or f'n'm.
SECTION 4.11 OTHER DEPARTMENTS
The city manager may create new departments, abolish or consolidate offices and
departments, may divide and subdivide the administration of any department, except those
specifically established by this charter. (Amended November, 1995)
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ARTICLE 5
NOMINATIONS AND ELECTIONS
SECTION 5.01 CITY ELECTIONS
A. Election Schedule
The regular city election will be held annually on the Ca'st Saturday in May. The
City Council shall be responsible for selection of places for holding such elections.
(Amended May 1989)
B. Special Elections
The City Council may order a special election under conditions specified
elsewhere in this charter, or for ordinances, bond issues, charter amendments,
recall or other purposes deemed appropriate by the City Council. The City Council
will fix the time and place for such special elections and provide all means for
holding same.
C. Voter Eligibility List
A certified list of voter registrants within the city, as prepared by the county, shall
be held by the city secretary. Any organization, group or person may request a list
of qualified voters of the city. Permission to copy the current list shall be granted
by the city secretary.
D. Conduct and Regulations of Elections
All city elections shah be governed by the constitution of the State of Texas,
general law of the state, this charter and by ordinance of the city in the order
named. Municipal elections shall be conducted by election officials appointed and
approved by the City Council.
E. Publicizing City Elections
All municipal elections shall be publicized in a manner consistent with the
requirements of the present and all future amended editions of the Texas Election
Cede.
SECTION 5.02 FILING FOR OFFICE AND ELIGIBILITY TO FILE
A. Each candidate for an elective office shah meet the following qualifications:
1. Shall be a qualified voter of the city;
2. Shall have resided, for at least twelve (12) months next preceding the date
of the election, within the corporate limits of the city, or within territory
annexed into the city prior to the filing deadline; and
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3. Shall not, after notice of any delinquency, be in arrears in the payment of
any taxes or other liabilities due the city. "In arrears" is defined herein to
mean that payment has not been received within ninety (90) days from due
date and has not been protested under the same provisions as provided for
in this charter.
B. An incumbent city councilmember seeking re-election must file for the same place
position number currently being served.
C. No candidate may file in a single election for more than one (1) office or place
position as provided by this charter.
D. No employee of this city shall continue in such position after filing for an elective
office provided for in this charter.
SECTION 5.03 OFFICIAL BALLOTS
A. Names on Ballot
The name of each candidate seeking an elective office, except those who have
withdrawn, died or become ineligible, shall be printed on the official ballot in the
form designated by the candidate in accordance with the Texas Election Code.
B. Order of Listing
The order on the ballot of the names of the candidates shall be determined by lot
in a public drawing to be held under the supervision of the city secretary in
accordance with the Texas Election Code.
C. Early Ballots
Procedure for voting by early ballot shall be consistent with the Texas Election
Code.
D. Ballots for Ordinances, Bond Issues and Charter Amendments
Ballots for ordinances, bond issues and charter amendments shall be consistent
with the Texas Election Code.
E. Write-in Votes
Procedure for write-in votes shall be consistent with the Texas Election Code.
SECTION 5.04 WATCHERS AND CHALLENGERS
A regularly nominated candidate shall be entitled, upon w~uen application to the election
authorities, to appoint the number of persons as authorized by the Texas Election Code
to rapresent such person as watchers and challengers at each polling place where voters
may cast their ballots. A person so appointed shall have all the rights and privileges
prescribed for watchers and challengers by or under the general election laws of the State
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of Texas. The watchers and challengers may exercise their rights throughout the voting
and until the ballots have been counted.
SECTION 5.05 CANVASSING
The retums of every municipal election shall be delivered from the election judges to the
city secretaxy at city hall as soon as practical. One (1) extxa copy shall be delivered to the
mayor at this time. The City Council shall canvass the returns in sufficient time but not
later than the time provided for in the Texas Election Cede, and declare the official
results of the election at the next City Council meeting after the closing of the polls. The
returns of every municipal election shall be recorded in the minutes of the City Council
by totals for each candidate or for and against each issue submitted.
SECTION 5.06 ELECTION BY MAJORITY
A majority vote for an elective office is that number of votes which is greater than one-
half (1/2) of the total number of valid ballots cast for the office concerned. The candidate
for elective office who receives a majority vote shall be declared elected. If no candidate
for any elective position receives a majority vote, a run-off election shall be called.
SECTION 5.07 RUN-OFF ELECTION
In the event no candidate for an elective office receives a majority of the votes cast for
that position in a regular or special election or if there is a tie for furst place, a run-off
election shall be held pursuant to the Texas Election Code.
SECTION 5.08 OATH OF OFFICE
Every officer of the City shall, before entering upon the duties of the office, take and
subscribe to the following oath or aft'marion to be filed and kept in the office of the city
secretary:
"I, , do solemnly swear (or affmn) that I will faithfully execute the
duties of the office of of the City of Coppell, State of Texas, and will
to the best of my ability preserve, protect and defend the Constitution and laws of the
United States and of this State so help me God."
SECTION 5.09 EXCEPTION OF ELECTION CODE
In the event there is a conflict between any of the provisions of this article and the Texas
Election Code or an omission of any elements or provisions necessary for conduct of an
election, then those provisions of the Texas Election Code then existing shall prevail.
(Section Number Amended May 1989)
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ARTICLE 6
LEGISLATION BY THE PEOPLE:
INITIATIVE, REFERENDUM AND RECALL
SECTION 6.01 GENERAL AUTHORITY
The qualified voters of the City of Coppell shall, by following the procedures set out in
this charter, have the power to propose ordinances to the City Council, to require
reconsideration by the City Council of any adopted ordinances, and to revoke the office
of any elected city official.
Initiative power may be used to enact a new ordinance or to repeal or amend sections of
an existing ordinance, except an ordinance appropriating money or levying of taxes or
ordinances repealing the appropriation of money or levying of taxes, not in conflict with
this charter, the state constitution or the state laws; provided however, this section shall
not be construed to prevent the use of initiative power to place limits on the maximum
tax rate of the city.
Referendum power shall not extend to the budget or capital program, to any ordinance
or ordinances pertaining to appropriation of money or levying of taxes, or to bonds issued
pursuant to the authority of an election or elections previously held.
Grounds for removal of any member of the City Council shall be incompetency, non-
compliance with this charter, misconduct or malfeasance in office. (Amended November,
1995)
SECTION 6.02 PETITIONERS' COMMITTEE
Any group of not less than twenty-five (25) qualified voters may commence proceedings
contemplated by this article by filing with the city secretary an affidavit stating that they
will constitute the petitioners' committee; they will be responsible for prepaxing, printing
and circulating the petition; they will file it in proper form; and they will specify the
address to which all notices to the committee are to be sent The affidavit shall set out
in full the proposed initiative ordinance or cite the ordinance sought to be reconsidered,
or in the case of recall, provide a statement of the grounds for removal. (Amended
November, 1995)
In the case of recall, the city secretary shall immediately notify in writing the officer(s)
sought to be removed, that the affidavit has been f'fled and shall inform the officer(s) of
its statement of grounds.
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SECTION 6.03 PETITION CIRCULATION
All petition blanks used for circulation by the members of the petitioners' committee or
their designees shall be numbered, dated and bear the signature of the city secretary. The
city secretaxy shah enter in a record to be kept in the office of the city secretary the name
of the qualified voters to whom the numbered petitions were assigned. Petition circulators
must be qualified voters in the City of Coppell.
SECTION 6.04 FORM OF PETITION
All papers of a petition shall be uniform in size and style and shall be assembled as one
(1) instrument for filing. Each signer of a petition shah be a qualified voter of the City
of Coppell. Signers shall personally sign their own names thereto in ink or indelible
pencil, and shall write after their names their places of residence within the boundaries
of the City of Coppell, giving the name of the street and number, or place of residence,
and shall also write their voter registration numbers and the day, the month and the year
their signatures were affixed. Petitions shall contain or have attached thereto throughout
their circulation the full text of the ordinance proposed or sought to be reconsidered, or
in the case of a recall petition, a statement which distinctly and specifically states each
ground with such certainty as to give the officer(s) sought to be removed notice of such
matters and things with which such officer(s) is charged.
Each paper of a petition shall have attached to it when filed, an affidavit executed by the
circulator thereof stating that such person personally circulated the paper, the number of
signatures of the persons whose names they purport to be, and that each signer had an
opportunity before signing, to read the full text of the ordinance or matter proposed or
sought to be reconsidered.
Locations for twenty (20) and no more than twenty (20) signatures shall be provided on
each blank petition.
SECTION 6.05 PRESENTATION OF PETITIONS
A. A petition to the City Council for recall containing the signatures of qualified
voters equal in number to no fewer than fifteen percent (15%) of the qualified
voters on the date of the last regular municipal election shall be presented to the
city secretary not later than thirty (30) days following the filing of the affidavit
by the petitioners' committee. (Amended November, 1995)
B. A petition to the City Council for initiative or referendum containing the
signatures of qualified voters equal in number to no fewer than ten percent (10%)
of the qualified voters on the date of the last regular municipal election shall be
presented to the city secretary not later than thirty (30) days following the filing
of the affidavit by the petitioners' committee. (Amended November, 1995)
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SECTION 6.06 CERTIFICATION OF PETITIONS AND PRESENTATION TO CITY
COUNCIL
Within ten (10) days after the petition is filed, the city secretary shall complete a
certificate as to its sufficiency, specifying, if it is insufficient, wherein it is defective and
shall immediately upon completion of certification, send a copy of the certificate to the
petitioners' committee by registered mall.
If the petition is certified sufficient, the city secretary shall present the certificate to the
City Council by the next regular City Council meeting which shall be a final
determination of the sufficiency of the petition. If a petition has been certified insufficient
and the petitioners' committee does not file notice of intention to amend it, the committee
may, within five (5) working days after receiving the copy of such certificate, file a
request that it be reviewed by the City Council. The City Council shall review the
certificate at its next regular meeting following such a request and approve or disapprove
it, and the City Council's determination shall then be a final determination.
If a petition is certified insufficient for lack of required number of valid signatures, it may
be amended once if the petitioners' committee files a notice of intention to amend it with
the city secretary within five (5) working days after having received the copy of the
certificate. A supplementary petition with additional names must be filed within two (2)
weeks after receiving the copy of the certificate. Such supplementary petition shall
comply with all the requirements of this article.
Within five (5) working days after the amended petition is filed, the city secretary shall
complete a certificate of sufficiency of the petition, as amended, and shall send a copy
of such sufficiency to the petitioners' committee by registered mail as in the case of an
original petition. The final determination as to the sufficiency of an amended petition shall
be determined in the same manner as prescribed for original petitions in this section
above, except that no petition, once amended, may be amended again.
A f'mal determination as to the sufficiency of a petition shall be subject to review in a
court of competent jurisdiction. A final determination of insufficiency, even ff sustained
upon court review, shall not prejudice the filing of a new petition for the same purpose.
SECTION 6.07 PUBLIC HEARING ON RECALL OF OFFICERS
An elected official whose removal is sought by recall may, within five (5) working days
after such recall petition has been presented to the City Council, request that a public
hearing be held to permit such person to present facts pertinent to the charges specified
in the petition. Should such a request be made, the City Council shall order that a public
hearing be held not less than five (5) working days nor more than fifteen (15) days after
receiving such request for a public hearing.
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SECTION 6.08 ACTION ON INITIATIVE AND REFERENDUM PETITIONS
When an initiative or referendum petition has been finally determined sufficient, the City
Council shall promptly consider the proposed initiative ordinance in the manner
prescribed for enacting ordinances or reconsider the referred ordinance by voting its
repeal. If the City Council falls to adopt a proposed initiative ordinance without any
change in substance within sixty (60) days, or fails to repeal the referred ordinance within
thirty (30) days after the date the petition was finally determined sufficient, the City
Council shall submit the proposed or referred ordinance to the voters of the City of
Coppell at the fkrst date permitted by law for holding said election after thirty (30) days
following the failure of the City Council to act as specified herein.
Said called election may coincide with a regular city election should such city election
fall within the specified period. Special elections on initiated or referred ordinances shall
not be held more frequently than once each six (6) months, and no ordinance substantially
the same as an initiated ordinance which has been defeated or one substantially the same
as a referred ordinance which has been approved at any election may be initiated by the
voters within two (2) years from the date of such election. Copies of the proposed or
referred ordinance shall be made available at the polls and shall be published at least once
in the official newspaper of the City of Coppell not more than fifteen (15) days
immediately preceding the date of the election,
SECTION 6.09 CALLING OF RECALL ELECTION
If the officer whose removal is sought does not resign then the City Council shall order
an election and set the date for holding such recall election. The date selected for the
recall election shall be the fast date permitted by law for holding said election after thirty
(30) days after the date the petition was presented to the City Council, or from the date
of the public heating, if one was held. Any election order so issued shall comply fully
with the Texas Election Code.
SECTION 6.10 WITHDRAWAL OF PETITION
A. Withdrawal of Initiative and Referendum Petitions
In order to respect the qualified voters already having affixed their signatures to
petitions, no procedure for withdrawal of petitions is allowed once a petition has
been finally determined sufficient except where:
1. Prior to being determined sufficient, a petition may be withdrawn by fding
with the city secretary a request for withdrawal, signed by at least fifty
percent (50%) of the members of the petitioners' committee; and
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2. The total number of signatures on the circulated petitions is less than fifty
percent (50%) of the required number of signatures as provided in this
article.
For the purposes of withdrawal procedures only, any registered petition not
returned to the city secretary will be considered to contain the signature of twenty
(20) qualified voters, but in no event shall the total number of signatures thus
determined exceed ninety-nine percent (99%) of the number of signatures required
for determination of sufficiency.
B. Withdrawal of Recall Petitions
In order to respect qualified voters already having affixed their signatures to
petitions for recall no withdrawal from recall proceedings shall be allowed except
where:
1, Such withdrawal is aFeed to by an affidavit by at least fifty percent (50%)
of the members of the petitioners' committee; and
2. The total number of signatures on the circulated petition is less than fifty
percent (50%) of the required number of signatures as provided in this
article.
For the purposes of withdrawal procedures only, any registered petition not
returned to the city secretary will be considered to contain the signatures of twenty
(20) qualified voters, but in no event shall the total number of signatures thus
determined exceed ninety-nine percent (99%) of the number of signatures required
for determination of sufficiency.
For the purposes of consideration of limitations as specified in this article, recall
procedures successfully withdrawn shall be considered as never having been
initiated.
SECTION 6.11 FORM OF BALLOTS
Ordinances shall be submitted by ballot rifle, which shall be prepared in all cases by the
city attorney. The ballot rifle may be different from the legal title of any such initiated
or referred ordinance and it shall be a clear, concise statement without argument or
prejudice, descriptive of the substance of such ordinance. Immediately below the ballot
title shall be printed the following two (2) statements, one (1) above the other, in the
order:
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"For adoption of the ordinance"
"Against adoption of the ordinance"
Immediately to the left of such statement shall appear a square in which the voter may
cast a vote by making a mark.
Ballots used at recall elections shall, with respect to each person whose removal is sought,
submit the question:
"Shall (name of person) be removed from the office of (name of office) by
r~all?"
Immediately below each such question there shall be printed the two (2) following
statements, one (1) above the other, in the order:
"For the removal of by recall"
"Against the removal of by recall"
Immediately to the left of such statement shall appear a square in which the voter may
cast a vote by making a mark.
In the event voting machines are used at the election, the form of the ballot as above
stated may be modified to permit use of such voting machines.
SECTION 6.12 RESULTS OF ELECTION
If a majority of the qualified electors voting on a proposed initiative ordinance vote in its
favor, it shall be considered adopted upon certification of the election results and shall
be treated in all respects in the same manner as ordinances of the same kind adopted by
the City Council. If conflicting ordinances are approved at the same election, the one
receiving the greatest number of affn'mative votes shall prevail.
An ordinance adopted by initiative may be repealed or amended at any time after the
expiration of two (2) years. (Amended November, 1995)
If a majority of the qualified electors voting on a referred ordinance vote against the
ordinance, it shall be considered repealed upon certification of the election results. If a
majority of the qualified electors voting on a referred ordinance vote for the ordinance,
the ordinance shall be considered in effect.
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An ordinance repealed by referendum may be re-enacted at any time after the expiration
of two (2) years. (Amended November, 1995)
If a majority of the votes cast on the question of recall at the recall election shall be
against the removal of the elected official named on the ballot, such person shall continue
in office for the remainder of the unexpired term, subject to recall as before within the
limitations of this article. If a majority of the votes cast on the question of recall at a
recall election shall be for the removal of the elected official named on the ballot such
person shall, regardless of any technical defects in the recall petition, be deemed removed
from office and the vacancy shall be filled in accordance with the provisions of this
charter for the filling of vacancies.
SECTION 6.13 LIMITATIONS AND RESTRICTIONS
No recall petition shall be filed against any officer of the City of Coppell within ninety
(90) days after the election or appointment, nor within ninety (90) days of such a petition
being filed and found insufficient, nor within one (1) year after an election for such
officer's recall.
In no instance shall an officer removed from office by recall election succeed in office,
nor shall such person's name appear on a ballot for elective office of the City of Copper
within a period of five (5) years following the date of the election at which such person
was removed from office.
Unless successfully withdrawn, no petition shall again be filed on a proposed or referred
ordinance of substantially the same content within a period of six (6) months of such a
petition being filed and found insufficient or within a period of two (2) years of the
failure of the petition at the city election.
SECTION 6.14 FAILURE OF CITY COUNCIL TO CALL AN ELECTION
In case all of the requirements of this charter have been met and the City Council shall
fall or refuse to receive an initiative, referendum or recall petition, or order such initiative,
referendum or recall election, or discharge other duties imposed upon said City Council
by the provisions of this charter with reference to initiative, referendum or recall, then the
county judge of Dallas County, Texas, shall discharge any such duties herein provided
to be discharged by the city secretary or by the City Council. In addition, any qualified
voter in the City of Coppell may seek judicial relief in the District Court of Dallas
County, Texas, to have any of the provisions of this charter pertaining to initiative,
referendum or recall carried out by the proper official.
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ARTICLE 7
MUNICIPAL FINANCE
SECTION 7.01 FISCAL YEAR
The fiscal year of the city shall begin on the first day of each October and end on the last
day of September of the succeeding year. All funds collected by the city during any fiscal
year, including both current and delinquent revenues, shall belong to such fiscal year, and,
except for funds derived to pay interest and create a sinking fund on the bonded
indebtedness of the city, may be applied to the payment of expenses incurred during such
fiscal year, except as provided in this charter. Any revenues uncollected at the end of any
fiscal year and any unencumbered funds actually on hand shall become resources of the
next succeeding fiscal year.
SECTION 7.02 SUBMISSION OF BUDGET
On or before the fifth day of August of each year, unless the City Council has granted
an extension, the city manager shall file with the city secretary and submit to the City
Council a proposed budget for the ensuing fiscal year and the budget message. The City
Council shall hold the required public hearings on and review the proposed budget and
make any appropriate changes prior to adopting the final budget.
SECTION 7.03 BUDGET
A. Content
The budget shall provide a complete financial plan of all city funds and activities
and, except as required by law or this charter, shall be in such form as the city
manager deems desirable or the City Council may require. A budget message
explaining the budget both in fiscal year and in terms of the work programs shall
be submitted with the budget. It shall outline the proposed financial policies of the
city for the ensuing fiscal year;, describe the important features of the budget; and
indicate any major changes from the current year in financial policies,
expenditures and revenues, with reasons for such changes. It shall also summarize
the city's debt position and include such other material as the city manager deems
desirable. The budget shall begin with a clear, general summary of its contents;
and shall show in detail all estimated income, indicating the proposed property tax
levy, and all proposed expenditures, including debt service, for the ensuing fiscal
year. The proposed budget expenditures shall not exceed the total of estimated
income and unencumbered funds from previous years. The budget message shall
be so arranged as to show comparative figures for actual and estimated income
and expenditures of the cun'ent fiscal year and actual income and expenditures of
the preceding fiscal year, compared to the estimate for the budgeted year. The
budget shall include in separate sections:
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1. A clear, general summary of contents;
2. A consolidated statement of receipts and expenditures of all funds listed
and itemized individually;
3. An analysis and itemization of all estimated income of the city from
surplus, miscellaneous income and taxes, with miscellaneous income sub-
classified by source;
4. Tax levies, rates and collections for the preceding three (3) years;
5. An itemized statement for pending and proposed new capital projects,
including but not limited to the amounts to be appropriated from the
budget, the amounts to be raised by the issuance of bonds, and the amount
required for the operation and maintenance of the new projects;
6. The amount required for interest on the city's debts, for sinking funds and
for maturing serial bonds;
7. The total amount of the city's outstanding debts, with a schedule of
maturity on bond issues in an attachment;
8. An itemized estimate of the expenses of operating each depa~hnent,
division, and office or agency;
9. Anticipated net surplus or deficit for the ensuing fiscal year of each utility
owned or operated by the city and the proposed method of its disposition,
and subsidiary budgets for each such utility giving detailed income and
expenditure information attached as appendices to the budget;
10. A reserve/contingency fund not less than ten percent (10%) of the
proposed expenditures for the major operating funds (Amended November,
1995); and
11. Such other information as is required by City Council or deemed desirable
by the city manager.
B. Public Notice and Hearing
The City Council shall provide for a public hearing on the proposed budget and
publish in the official newspaper a general summary of the proposed budget and
a notice stating:
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1. The times and places where copies of the budget are available for
inspection by the public; and
2. The time and place for a public heating on the budget, as required by law.
C. City Council Action
1. The City Council shall hold a public hearing on the budget as submitted
at the time and place so advertised or at another time and place with
proper notification. All interested persons shall be given an opportunity to
be heard, either for or against, any item of the proposed budget.
2. At a regular or special meeting the City Council may adopt the budget
with or without amendment. In amending the budget, it may add or
increase any programs or amounts and may delete or decrease any
programs or amounts, except expenditures required by law or for debt
service or for estimated cash deficit, provided that no amendment to the
budget shall increase the authorized expenditures to an amount greater than
the total of estimated income plus funds available from prior years.
3. The City Council shall adopt the budget by ordinance. Adoption of the
budget shall constitute appropriations of the amounts specified therein as
expenditures from the funds indicated.
D. Failure to Adopt
If the City Council fails to adopt the budget by the last day of September, the
amounts appropriated for operation during the current fiscal year shah be deemed
adopted for the ensuing fiscal year on a month-to-month basis, with all items in
it prorated accordingly, until such time as the City Council adopts a budget for the
ensuing fiscal year.
SECTION 7.04 AMENDMENTS AFFER ADOPTION
A. Supplemental Appropriations
If, during the fiscal year, the city manager certifies that there are revenues
available for appropriation in excess of those estimated in the budget, the City
Council may make supplemental appropriations to fund other appropriations as
desired.
B. 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 or recurring requirements, affecting life, health, property or
the public peace.
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C. Reduction of Appropriations
If, at any time during the fiscal year, it appears probable to the city manager that
the revenues available will be insufficient to meet the amount appropriated, the
city manager shall report to the City Council the estimated amount of deficit, any
remedial action taken and recommendations as to any other steps to be taken. The
City Council shall then take such further action that it deems necessary to prevent
or minimize any deficit.
D. Transfer of Appropriations
At any time during the fiscal year, the city manager may transfer pan or all of any
unencumbered appropriation balance among programs within a department, office
or agency. Upon written request by the city manager, the City Council may, by
budget amendments, transfer part or all of any unencumbered appropriation
balance from one deparunent, office or agency to another.
E. Limitations
No appropriation for debt service may be reduced or transferred, 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.
F. Effective Date
The supplemental and emergency appropriations and reduction or lxansfer of
appropriations authorized by this section shall be made effective immediately upon
adoption of the appropriate ordinance or budget amendments.
SECTION 7.05 CAPITAL PROGRAM
The city manager shall submit a five-year capital program as an attachment to the annual
budget. The program, as submitted, shall include:
A. A clear, general summary of its contents;
B. A list of all capital improvements which are proposed for the five (5) fiscal years
succeeding the budget year, with appropriate supporting information as to the
necessity for such improvements;
C. Cost estimates, method of financing and recommended time schedules for each
such improvement; and
D. The estimated annual cost of operating and maintaining the facilities to be
constructed or acquired.
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The above information may be revised and extended each year with regard to capital
improvements still pending or in the process of consauction or acquisition.
SECTION 7.06 PUBLIC RECORDS
Copies of the budget and the capital program, as adopted and amended shall be made
available at the public libra~ for on-site inspection and use.
SECTION 7.07 LAPSE OF APPROPRIATIONS
Every appropriation, except an appropriation for a capital expenditure, shall lapse at the
close of the fiscal year to the extent that it has not been expended or encumbered. An
appropriation for a capital expenditure shall continue in force until the purpose for which
it was made has been accomplished or abandoned; the purpose of any such appropriation
shall be deemed abandoned if three (3) years pass without any disbursement from or
encumbrance of the appropriation. Any funds not expended, disbursed or encumbered
shall be deemed excess funds.
SECTION 7.08 BORROWING
A. The Right to Borrow
The city shall have the right and power, except as prohibited by law or this
charter, to borrow money by whatever method it may deem to be in the public
interest
B. General Obligation Bonds
The city shall have the power to borrow money on the credit of the city and to
issue general obligation bonds for permanent public improvements or for any other
public purpose not prohibited by law and this charter and to issue refunding bonds
to refund outstanding bonds previously issued. All such bonds or certificates of
obligation shall be issued in conformity with the laws of the State of Texas and
shall be used only for purposes for which they were issued. Any bond, excluding
refunding bonds, to be issued under the provisions of this section shall not be
issued without an election. In all cases when the City Council shall order an
election for the issuance of bonds of the city, it shall, at the same time, state
whether or not a tax rate increase is anticipated for the purpose of paying the
principal and interest on the bonds and to cream a sinking fund for their
redemption.
C. Revenue Bonds
The city shall have the power to borrow money for the purpose of constructing,
purchasing, improving, extending or repairing public utilities, recreational facilities
or any other self-liquidating municipal function not prohibited by the constitution
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and laws of the State of Texas, and to issue revenue bonds to evidence the
obligation created thereby. Such shall be a charge upon and payable from the
properties, or interest therein pledged, or the income therefrom, or both. The
holders of the revenue bonds shall never have the right to demand payment
thereof out of monies raised or to be raised by taxation. All such bonds shall be
issued in conformity with the laws of the State of Texas and shall be used only
for the purpose for which they were issued.
SECTION 7.09 PURCHASING
The City Council may, by ordinance, confer upon the city manager general authority to
contract for expenditures without further approval of the City Council for all budgeted
items not exceeding limits set by the City Council. All contracts for expenditures
involving more than the set limit must be expressly approved in advance by the council.
All contracts or purchases involving more than the limits set by the City Council shall be
awarded to the lowest bidder whose submittal is among those most responsive to the
needs of the city after there has been opportunity for competitive bidding as provided by
law or ordinance; provided that the City Council, or city manager, when authorized to
contract for the city, shall have the right to reject any and all bids. Emergency contracts
as authorized by law and this charter, may be negotiated by the City Council, or city
manager, if given authority by the City Council, without competitive bidding. Such
emergency shall be declared by the city manager and approved by the City Council or
may be declared by the City Council.
SECTION 7.10 ADMINISTRATION OF BUDGET
No payment shall be ll~arle or obligation incurred against any allotment or appropriation
except in accordance with appropriations duly made and unless the city manager or the
ciB) manager's designee first certifies that there is a sufficient unencumbered balance in
such allotment or appropriations, and that sufficient funds therefrom are or will be
available to cover the claim or meet the obligation when it becomes due and payable. Any
authorization of payment or incurring of obligation in violation of the provisions of this
charter will be void and any payment so made, illegal. Such action shall be the cause for
removal of any officer who knowingly authorized or made such payment or incurred such
obligations and such person shall also be liable to the city for any amount so paid.
However, this prohibition shall not be construed to prevent the making or authorizing of
payments or making of contracts for capital improvements to be financed wholly or partly
by the issuance of bonds, time warrants, certificates of indebtedness or certificates of
obligation, or to prevent the making of any contract or lease providing for payments
beyond the end of the fiscal year, provided that such action is made or approved by
ordinance.
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SECTION 7.11 DEPOSITORY
All monies received by any person, department or agency of the city for, or in connection
with, the affairs of the city shall be deposited promptly 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
thereon as may be established by ordinance and law. Procedures for the withdrawal of
money or the disbursement of funds from the city depositories shall be prescribed by
ordinance.
SECTION 7.12 FINANCIAL REPORT
The city manager shall submit to the City Council at its first formal meeting each month
the financial condition of the city by budget item, budget estimate versus accruals for the
preceding month and for the fiscal year to date. The financial records of the city will be
maintained on an accrual basis to support this type of financial management.
SECTION 7.13 INDEPENDENT AUDIT
At the close of each fiscal year, and at such other times as it may be deemed necessary,
the City Council shall cause an independent audit to be made of all accounts of the city
by a certified public accountant. The certified public accountant so selected shall have no
personal interest, directly or indirectly, in the f'mancial affairs of the city or any of its
officers. Upon completion of the audit the summary thereof shall be published
immediately in the official newspaper of the city and copies of the audit placed on file
in the city secretary's office as public record. A copy of the comprehensive financial
annual report shall be available at the public library.
ARTICLE 8
BOARDS, COMMISSIONS AND COMMITTEES
SECTION 8.01 AUTHORITY
The City Council shall create, establish or appoint, as may be required by the laws of the
State of Texas or titis charter, such boards, commissions and committees as it deems
necessary to carry out the functions and obligations of the city. The City Council shall,
by ordinance, prescribe the purpose, composition, functions, duties, accountability and
tenure of each board, commission and committee, where such are not prescribed by law
or this charter.
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Individuals may be appointed to serve on more than one (1) board, commission or
committee. The City Council may, by ordinance, consolidate the functions of the various
boards, commissions or committees enumerated in this article.
The City Council may appoint certain ad hoc committees by resolution. (Amended
November 1991)
SECTION 8.02 QUALIFICATIONS
Members of all boards, commissions and committees must be qualified voters and be
residents of the City of Coppell for at least twelve (12) months preceding the date of
appointment, be knowledgeable in the affairs of the city and be knowledgeable in the
functions and activities provided for in this article. (Amended November, 1995)
SECTION 8.03 BOARDS, COMMISSIONS AND COMMITTEES ENUMERATED
A. Planning and Zoning Commission
There is hereby established a Planning and Zoning Commission, whose purpose,
composition, function, duties and tenure shall be as set out in this charter.
B. Parks and Recreation Board
The City Council shall appoint a Parks and Recreation Board of seven (7)
members who shall be qualified voters to work in an advisory capacity to the City
Council in the planning and development of parks and recreation facilities and
regulations governing their use. Members of the board shall be appointed for two
(2) year terms with tluee (3) members' terms expiring in even-numbered years and
four (4) members' terms expiring in odd-numbered years. Members of the board
shall elect a chairman each October from their membership and shall meet at the
call of the chairman or at the request of the City Council. The city manager shah
appoint a staff representative to the board.
C. Library Board
The City Council shall appoint a Library Board consisting of seven (7) members
who shall be qualified voters who shall serve for a term of two (2) years with
three (3) members' terms expiring in even-numbered years and four (4) members'
terms expiring in odd-numbered years. Members of the board shall elect a
chairman each October from their membership and shah meet at the call of the
chairman or at the request of the City Council. The city manager shah appoint a
staff representative to the board.
D. Board of Adjustment
The City Council shall appoint a Board of Adjustment consisting of five (5)
members and four (4) alternate members who shall serve in accordance with State
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law. Members of the board shall be appointed for two-year terms with three (3)
members' terms expiring in even-numbered years and two (2) members' terms
expiring in odd-numbered years. Members of the board shall elect a chairman each
October from their membership and shall meet at the call of the chairman within
thirty (30) days of receipt of written notice from anyone aggrieved as a result of
the refusal of a building permit or adminis~xative decision by the city building
official. Rules and regulations shall be prescribed for the functioning of the board
consistent with the laws of the State of Texas and building codes of the City of
Coppell. (Amended May 1989)
E. Other Boards, Commissions and Committees
The City Council shall have the power and is hereby authorized to create, abolish,
establish and appoint such other boards, commissions and committees as it deems
necessary to carry out the functions and obligations of the city. The City Council
shall, by ordinance, prescribe the purpose, composition, functions, duties,
accountability and tenure of each such board, commission and committee. The
City Council may appoint certain ad hoc committees by resolution. (Amended
November 1991)
F. Appointment of Boards, Commissions and Committees
The City Council shall make its appoinunents to all boards and commissions
required by this charter and to those established by the City Council which are not
required by the charter. Members of such boards and commissions shall serve
staggered two-year terms commencing the first of October. Each year the City
Council shall make its appointments to all boards and commissions during the
month of September or as soon thereafter as possible. In the event a vacancy is
created on any board or commission required by this charter, the City Council
may fill such vacancy within 30 days of such vacancy. Said appointee shall serve
the remainder of the term of the office vacated. (Amended November, 1995)
SECTION 8.04 GENERAL
A. Open Meetings
All meetings of any board, commission or committee created, established or
appointed by this charter or the City Council shall be open to the public, unless
otherwise permitted by law and shall be subject to both current and future laws
of the State of Texas concerning public meetings.
B. Appeals to City Council
An appeal may be taken to the City Council from any decision of any board,
commission, commiUee or other body except from decisions of the Board of
Adjustment and other such boards where the appeal is otherwise prescribed by
law. Such appeals shall be perfected by filing a sworn notice of appeal with the
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34
city secretary within thirty (30) days from the rendition of the decision of the
board, committee or other body. Prior to the institution of any appeal in a court
of law by an aggrieved person from a decision of such board, commission,
committee or other body, the appeal furst must be perfected to the City Council.
(Amended November 1991)
C. Compensation
Subject to the provisions of any law of the State of Texas or this charter to the
contrary, all members of any board, commission, committee or other body will
serve without compensation but may be reimbursed for any necessary expenses
as a result of their work.
D. Minutes
All boards, commissions or committees of the city shall keep and maintain
minutes of any proceedings held and shall submit a written report of such
proceedings to the City Council at least once each month.
E. Exclusion of City Officers and Employees
No officer of the city nor any person who holds a compensated appointive
position with the city shall be appointed to any board, commission or committee
created or established by this charter other than in an advisory capacity.
F. Rules and Regulations
All boards, commissions and committees established or created by this charter
shall set out their own roles and regulations as approved by City Council for
operation thereof unless specifically prescribed by the laws of the State of Texas,
this charter or ordinance. Except as provided by State law, ordinances creating
any board, commission or committee shall provide that if any member is absent
from three consecutive regular meetings, such position shall be declared vacant
and the vacancy may be filled for the remainder of the unexpired term by the City
Council within 30 days after the vacancy occurs. (Amended November 1995)
ARTICLE 9
PLANNING
SECTION 9.01 POWERS OF THE CITY
The city shall have the power to adopt and enforce:
A. A master plan to be used as a guide in considering passage of ordinances for the
orderly growth and development of the city;
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B. Ordinances for the regulation of plats and subdivisions within the city and its
extraterritorial jurisdiction;
C. Ordinances to establish development performance standards and land use
regulations in general within the city, and any valid additions thereto, or within
any part thereof, in any manner that does not conflict with the constitution or
present or future laws of the State of Texas;
D. Ordinances to promote safe and reasonable building standards and to establish
emergency administrative measures to be applied in the time of natural disaster,
E. Ordinances to regulate the collection and disposal of solid and other wastes in a
manner so as to protect the general health, safety and welfare of the citizens, and
to protect the environmental quality in accordance with present laws of the State
of Texas and the United States;
F. Ordinances to provide for the acquisition of lands within the city limits and
extraterritorial jurisdiction for public purposes not in conflict with the laws of the
State of Texas; and
G. Ordinances to prt~vide for capital improvements of the city with or without the
required financial participation or approval of properly owners adjacent to the
improvements.
SECTION 9.02 PLANNING AND ZONING COMMISSION
City Council shall appoint a Planning and Zoning Commission in the manner provided
by state law and this charter, whose primary duty shall be to recommend to and advise
the City Council in carrying out its various duties and functions regarding planning and
the environmental quality as provided by state law, this charier and the ordinances of the
city. (Amended November 1995)
A. Organization and Qualifications
1. There shall be established a Planning and Zoning Commission which shall
consist of seven (7) citizens of the City of Coppell appointed by the City
Council. The Council shall, by ordinance, provide a method by which the
members of said commissions shah serve staggered terms of two (2) years.
The ordinance providing for the establishment and maintenance of the
Planning and Zoning Commission shall provide that the commission elect
a chairman from among its membership each year at the furst regular
meeting following the annual appointment of new members. The
commission shall meet not less than once each month. In the event a
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36
vacancy is created on the commission, the City Council shall fill such
vacancy as provided for in this charter.
2. Members of the Planning and Zoning Commission shall be residents of the
City of Coppell for at least twelve (12) months next preceding the date of
appointment, be knowledgeable in the affairs of the city and be
knowledgeable in the functions and activities provided for in this article.
3. A majority of the members of the Planning and Zoning Commission shall
constitute a quoram. The commission shall not act on any matter with
fewer than four members present and qualified to vote.
4, The ordinance adopted by the City Council establishing the Planning and
Zoning Commission shall provide that a vote of at least three-fourths (3/4)
of all councilmembers shall be required to overrule a recommendation of
the Hanning and Zoning Commission that a proposed amendment,
supplement or change to the zoning ordinance of the city be denied.
5. The Planning and Zoning Commission shall establish rules and regulations,
not inconsistent with state law or the ordinances of the city, for the
operation of the Planning and Zoning Commission. (Amended May 1989)
B. Duties and Powers of the Planning and Zoning Commission
The Planning and Zoning Commission shall:
1. Make and recommend to the City Council a master plan to be used as a
guide in considering ordinances of the orderly development of the city;
2. Review and recommend to the City Council amendments to the master
plan;
3. Receive, review and take appropriate action on all platting and subdivision
proposals; and
4. Recommend to the City Council proposed ordinances and amendments to
ordinances regarding planning, zoning and environmental quality, and
review ordinances and amendments proposed by the City Council relative
to the City Council's planning and zoning function. Such review and
recommendation by the Planning and Zoning Commission must be
received by the City Council prior to action on the proposed ordinance or
amendment. (Amended November 1995)
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ARTICLE 10
PUBLIC UTILITIES, FRANCHISES AND LICENSES
SECTION 10.01 POWERS OF THE CITY
The city has the power to buy, own, sell, construct, lease, maintain, operate and regulate
public services and utilities and to manufacture, distribute and sell the output of such
services and utility operations. The city shall have such regulatory and other powers as
may now or hereafter be granted under the constitution and laws of the State of Texas.
SECTION 10.02 POWER TO GRANT FRANCHISE
The City Council has the power to grant, renew and extend all franchises of a public
service operating within the city and, with the consent of the franchisee, to amend the
same. No franchise shall be granted for a term of more than twenty (20) years from the
date of the grant, renewal or extension.
SECTION 10.03 ORDINANCE GRANTING FRANCHISE
Any ordinance granting, renewing, extending or amending a public service franchise shall
not take effect until thirty (30) days after adoption of the ordinance granting the franchise.
A summary of the ordinance shall be published one time in the official newspaper of the
city at least 15 days prior to adoption of the ordinance. No franchise shall be exclusive.
(Amended November 1991)
SECTION 10.04 TRANSFER OF FRANCHISE
No public service franchise is transferable, except with the approval of the City Council;
however, the franchisee may pledge franchise assets as security for a valid debt or
mortgage.
SECTION 10.05 FRANCHISE VALUE NOT TO BE ALLOWED
Franchises granted by the city are of no value in fixing rates and charges for public utility
service within the city and in determining just compensation to be paid by the city for
public utility property which the city may acquire by condemnation or otherwise.
SECTION 10.06 RIGHT OF REGULATION
In granting, amending, renewing and extending public service and utility franchises, the
city has the following rights:
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A. To repeal the franchise by ordinance, only after due notice and hearing, for failure
to begin consauction or operation within the time prescribed or for failure to
comply with terms of the franchise;
B. To require expansion and extension of facilities and services and to require
maintenance of existing facilities to provide adequate service at the highest level
of efficiency;
C. To require reasonable standards of service and quality of product and prevent
unjust rate discrimination;
D. To impose reasonable regulations and restrictions to ensure the safety and welfare
of the public;
E. To require each utility to keep accounts in accordance with the accounting system
prescribed by the appropriate state or federal regulatory agency;
F. To examine and audit accounts and records, and to require annual reports on local
operations of public service companies and to require annual reports on operations
of a utility in the form prescribed by the appropriate state or other regulatory
agency;
G. To require that procedural rules and regulations dealing with public utilities
conform to the requirements of the appropriate state or other regulatory agency;
H. To require franchisee to restore, at franchisee's expense, all public or private
property to a condition as good or better than before disturbed by the franchisee
for construction, repair or removal;
I. To require every franchisee to furnish within a reasonable time to the city, at the
franchisee's expense, a general map ou~ining current location, character, size,
length and terminal of all facilities, over the underground of city property and
additional information on request;
J. To require every franchisee and public service utilities operator within the city,
within six (6) months after the charier takes effect, to file certified copies of all
franchises owned or claimed or under which such utility is operated in the city,
and the city shall maintain a public record of public service franchises;
K. To require such compensation and rental as may be permitted by the laws of the
State of Texas;
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L. To require City Council approval of all rates, rate schedules and amendments
thereto of utilities franchised in the City of Coppell; and
M. To require all extensions of services within the city limits to become part of the
aggregate property of the service and operate subject to all obligations and
reserved rights contained in this charter. This extension is considered part of the
original grant and terminable at the same time and under the same conditions as
the original grants.
SECTION 10.07 CITY OWNED PUBLIC SERVICES
The City Council shall have the following rights:
A. To set rates of city-owned public services; and
B. To require all city-owned public services to keep accounts to show complete
financial operations. Accounts must show actual cost of each service to the city,
including costs of extensions and improvements and sources of funds expended
for these purposes. Costs of and revenues of services furnished to other cities or
government agencies must also be included.
SECTION 10.08 REGULATION OF RATES
A. The City Council shall have the power, by ordinance, to fix and regulate the rates
and charges of all public utilities and public service companies and fix the fares
of all public transportation of every kind operating within the corporate limits of
Coppell.
B. Upon receiving a request from a public service company or utility company
requesting a change in rates, the City Council shall call a public heating for
consideration of the change.
C. Any public utility regulated by the public utility regulatory act shall be governed
by such act in regard to any request for revision of rates. Public service companies
not regulated by said action shall show the necessity for any revision of rates by
evidence required by the City Council.
SECTION 10.09 EXISTING FRANCHISES AND OTHER CONDITIONS
All franchises heretofore granted are recognized as contracts between the city and the
franchisee, and the contractual rights as contained in such franchises shall not be impaired
by the provisions of this charter.
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ARTICLE 11
GENERAL AND TRANSITIONAL PROVISIONS
SECTION 11.01 PUBLICITY
All records of the city shall be open to inspection except for those that are closed to the
public by law. The records shall be open for inspection and duplication in the city offices
during normal office hours. The City Council may set reasonable rates and fees for
copying.
SECTION 11.02 OFFICIAL NEWSPAPER
The City Council shall designate an official newspaper of general circulation as defined
by the laws of the State of Texas. All ordinances, captions of ordinances, notices and
other matters required to be published by this charter, by city ordinances or by the
constitution and laws of the State of Texas, shall be published in this official newspaper.
SECTION 11.03 NEPOTISM
No person related within the second degree by affinity or within the third degree by
consanguinity to the mayor, city councilmember or the city manager shall be appointed
to any office, position or clerkship or other service of the city, except, if the individual
is employed in the position immediately before the election or appointment of the mayor,
councilmember or city manager to whom the individual is related in a prohibited degree
and that prior employment is continuous for at least thirty (30) days if the mayor, city
councilmember or city manager is appointed or six (6) months if the mayor or city
councilmember is elected, this section shall not apply, provided that the mayor, city
councilmember or city manager to whom the individual is related in a prohibited degree
may not participate in any deliberation or voting on the appointment, reappointment,
confh'mation of the appointment or reappointment, employment, reemployment, change
in status, compensation, or dismissal of the individual, if that action applies only to the
individual and is not taken regarding a bona fide class or category of employees.
(Amended November 1995)
SECTION 11.04 OATH
All elected and appointed officers of the city shall take and sign the oath of office
prescribed for state elective and appointive offices, respectively, by the constitution of the
State of Texas.
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SECTION 11.05 PERSONAL FINANCIAL INTEREST
No officer or employee of the city shall have a financial interest. direct or indirect in any
contract with the city, nor shall he be financially interested, dinctly or indirectly, in the
sale to the city of any land, materials, supplies or service, excep: on behalf of the city as
an officer or employee. The provisions of this section shah :tot apply to the officers
named in Section 3.11A of this charter. Any willful violation of this section shall
constitute malfeasance in office, and any officer or employee found guilty thereof shall
be subject to removal from his office or position. Any violation of this section shall
render the contract voidable at the discretion of the City Council. Amended November
1995)
SECTION 11.06 CONFLICT OF INTEREST
A professional consultant of the city shall not:
A. Accept other employment or engage in outside activities incompatible with the
proper discharge of the duties and responsibilities with the city, or which might
impair his independent judgment in the performance of the duty to the city.
SECTION 11.07 ASSIGNMENT, EXECUTION AND GARNISHI~IENT
The property, real and personal, belonging to the city shall not be liable to be sold or
appropriated under any writ of execution or cost bill. The funds belonging to the city, in
the hands of any person, firm or corporation, shall not be liable to garnishment,
attachment or sequestration nor shall the city be liable to garnishment on account of any
debt it may owe or funds or property it may have on hand or owing to any person.
Neither the city nor any of its officers or agents shall be required to answer any such writ
of garnishment on any account whatever. The city shall not be obligated to recognize any
assignment of wages or funds by its employees, agents or contractors, unless otherwise
mandated by state and fedend laws.
SECTION 11.08 SECURITY AND BOND
It is not necessary in any action, suit or proceeding in which the city is a party for any
bond, undertaking or security to be demanded or executed by or on behalf of said city in
any of the state courts. All such actions shall be conducted in the same manner as if such
bond, undertaking or security had been given as requh-ed by law.
SECTION 11.09 DAMAGE SUITS
Before the City of Coppell shall be liable for any personal injury or death or for claims
for damages or injury to real or personal property alleged to have been caused by the
negligent act or omission of any officer, agent or employee of the city, the person who
has been injured, the person who may have a cause of action under the law by reason of
such death or injury, the person whose property has been injured or damaged, or someone
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on their behalf, shall file a claim in writing with the city secretary within six (6) months
after said injury, death or damage has occurred, stating specifically when, wbem and how
the injury, death or damage occurred, the full extent thereof, the amount of damages
clanned or asserted, and the basis for liability on the part of the city. The person giving
notice under this section shah give the address of every place that he or she has resided
during the last six (6) months prior to the injury, death or damage and shall subscribe his
or her name thereto. Neither the mayor, city councilmember, city manager, city secretary,
city attorney or any other officer or employee of the city shall have authority to waive
any of the provisions of this section, but the same may be waived only by resolution of
the City Council made and passed before the expiration of said six (6) month period.
(Amended November 1995)
SECTION 11.10 POVI/ER TO SETTLE CLAIMS
The City Council shall have the power to compromise and settle any and all claims and
lawsuits of every kind and character in favor of or against the city, including suits by the
city to recover delinquent taxes.
SECTION 11.11 SERVICES OF PROCESS
All legal process against the city shall be served upon the mayor or mayor pro tem.
SECTION 11.12 PLEADING ORDINANCES
It shall be sufficient in all judicial proceedings to plead any ordinance of the city by
caption without embodying the entire ordinance in the pleading, and all printed ordinances
or cedes of ordinances shall be admitted in evidence in any suit, and shall have the same
force and effect as the original ordinance. Certified copies of ordinances may also be used
in evidence.
SECTION 11.13 CONSTRUCTION OF CHARTER
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 City of Coppell in the same manner as the Constitution of Texas is construed as
a limitation on the powers of the legislature. Except where expressly prohibited by this
charter, each and every power under Article XI, Section 5 of the Constitution of Texas,
which it would be competent for the people of the City of Coppell to expressly grant to
the city shall be construed to be granted to the city by this charter.
SECTION 11.14 JUDICIAL NOTICE
This charter shah be deemed a public act, may be read in evidence without pleading or
proof, and judicial notice shall be taken thereof in all courts and places.
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SECTION 11.15 PERSONS INDEBTED TO THE CITY SHALL NOT HOLD OFFICE
OR EMPLOYMENT
No person shall be qualified to hold a municipal office or serve the city in any other
capacity for which compensation is paid who is, or may become while in service, in
arrears in the payment of taxes or other debts due the city, provided he has received
actual notice of the same and, after reasonable notice, has intentionally refused to pay the
tax or debt due the city. The provision shall not apply to any tax or debt:
A. During the time the validity of such tax or debt is involved in litigation: or
B. Involved in litigation if the litigation ultimately results in the matter being held
invalid by a final judgment of a court of competent jurisdiction; or
C. Held invalid by a final judgment of a court of competent jurisdiction.
SECTION 11.16 LIBRARY
The City Council has the authority to establish and maintain a public library and to
cooperate with other governmental entities for the establishment of such library.
SECTION 11.17 PARKS AND RECREATIONAL FACILITIES
The city has the authority, alone or with any governmental agency, or any non-profit
organization incorporated under the laws of the State of Texas, to acquire, establish and
own all property that may be useful and necessary for the purpose of establishing and
maintaining parks and recreational facilities as authorized by law.
SECTION 11.18 EMERGENCY POWERS OF THE MAYOR
Whenever it shall come to the knowledge of the mayor that any malignant, infectious or
contagious disease or epidemic is pmvaient in the city or probably will become so, or in
case of public calamity arising by mason of flood, hurricane, tomado, rug or other
disaster, the mayor shall have the power to take all steps and use all measures necessary
to avoid, suppress or mitigate such disease and relieve distress caused by flood or
resulting from tornado, hurricane, fn'e or other disaster.
SECTION 11.19 SEVERABILITY
If any section or part of this charter is held invalid by a court of competent jurisdiction,
such holding shall not invalidate or impair the validity, force or effect of any other section
or pan of a section of this charter.
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SECTION 11.20 EFFECT ON EXISTING LAWS
All ordinances, portions thereof, resolutions, contracts, bonds, obligations, rules and
regulations now in force under the city government of Coppell, and not in conflict with
the provisions of this charter, shah remain in force under this charter until altered,
amended or repealed by the City Council after the charter takes effect.
SECTION 11.21 CITY DEFINED
The use of the word "city" in this charter shall mean the City of Coppell, Texas.
SECTION 11.22 RESERVED
SECTION 11.23 AMENDMENT OF CHARTER
Amendments to this charter may be framed and submitted to the qualified voters of the
city in the manner provided by State law.
SECTION 11.24 RESERVED
SECTION 11.25 REARRANGING AND RENUMBERING
The City 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 shah
deem appropriate, and upon the passage of any such ordinance a copy thereof, certified
by the city secretary, shall be forwarded to the secretary of state for filing.
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