OR 95-709 Election on proposed amendments to Home Rule City Charter ORDINANCE NO. 95709
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ORDERING AN
ELECTION ON PROPOSED AMENDMENTS TO THE HOME RULE CITY
CHARTER OF THE CITY OF COPPELL TO BE HELD ON NOVEMBER
7, 1995; PROVIDING FOR THE PUBLICATION AND POSTING OF
NOTICE; PROPOSING AMENDMENTS TO HOME RULE CITY CHARTER
OF THE CITY OF COPPELL; PROVIDING FOR EARLY VOTING;
PROVIDING FOR THE APPOINTMENT OF ELECTION JUDGES AND
CLERKS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Charter Review Committee and the City Council of the City of
Coppell, Texas have reviewed the provisions of the Home Rule City Charter of the City of
Coppell, Texas, and made recommendations for their amendment; and
WHEREAS, the City Council of the City of Coppell, Texas, is of the opinion and
finds that such amendments should be submitted to the citizens of the City of Coppell,
Texas, for approval or disapproval at an election called for that purpose.
NOW, THEREFORE, BE IT ORDMNED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the hereinafter proposed amendments to the Home Rule City
Charter of the City of Coppell, Texas, contained in Exhibit "A" attached hereto and made
a part of this ordinance for all intents and purposes as if set forth verbatim, shall be
submitted to the City's qualified voters for their approval or disapproval at an election to
be held on Tuesday, November 7, 1995.
SECTION 2: That notice of said election shall be posted on the bulletin board used
to publish notice of City Council meetings and shall include a substantial copy of proposed
amendments; and as required by law, be published on the same day in each of two
successive weeks in the official newspaper of the City, with the first publication occurring
prior to the fourteenth day before the date of the election. A copy of the published notice
that contains the name of the newspaper and the date of publication shall be retained as a
AGGO'7'3S9
record of such notice, and the person posting the notice shall make a record of the date and
place of posting.
SECTION 3: Said election shall be held in the Coppell City Hall at 225 Parkway
Boulevard, Coppell, Texas, on November 7, 1995. The hours for said election shall be
between the hours of 7:00 a. m. and 7:00 p. m. on Tuesday, November 7, 1995. Early voting
shall be held in the Coppell City Hall, 255 Parkway Boulevard, Coppell, Texas, from 8:00
a.m. until 5:00 p.m. beginning on Wednesday, October 18, 1995 and continuing through
Friday, November 3, 1995, with extended early voting available on October 28, 1995 from
8:00 a.m. until 5:00 p.m. and October 30 - November 3, 1995 during the hours of 7:00 a.m.
to 7:00 p.m.
SECTION 4: Jeanne Heath and Martha Jo Cozby are hereby appointed to serve as
Election Judge and Alternate Election Judge, respectively, of the election; and the Election
Judge is authorized to appoint ten (10) clerks to assist in holding said election. Martha Jo
Cozby is hereby appointed as the Early Voting Ballot Board Judge for processing early
voting ballots. The judges and clerks shall be compensated at the rate of $6.00 per hour,
and the Election Judge shall receive an additional $25.00 for delivery of the returns of the
election.
SECTION 5: Each amendment submitted must contain only one subject, and the
ballot shall be prepared in a manner that the voters may vote "FOR" or "AGAINST' on any
amendment or amendments without voting "FOR" or "AGAINST' on all of said
amendments. Each such proposed amendment, if approved by a majority of the qualified
voters voting at said election, shall become a part of the Charter of the City of Coppell,
Texas.
AGGOTS]~
SECTION 6: That the ballot propositions for the proposed amendments to the Home
Rule City Charter are as follows:
PROPOSITION NO. 1
Shall the Coppell City Charter be amended to delete obsolete or unnecessary
references to State law without making substantive changes by amending the following
sections and paragraphs: Sections 1.03, 2.02, 4.08B, 5.07, 8.03D, 11.23.
PROPOSITION NO. 2.
Shall the Coppell City Charter be amended to delete redundant or obsolete charter
language, to clarify language without making substantive change, improve grammar, and
eliminate gender references by making the charter gender neutral, by amending the
following sections and paragraphs: 3.01B, 3.02, 3.03, 3.04, 3.05, 3.06A, 3.06B, 3.06C, 3.08A,
3.08B, 3.11B, 4.01A, 4.01B, 4.01D, 4.01E, 4.02B, 4.03B, 4.04B, 4.05, 4.06B, 4.06C, 4.07F,
4.10D, 5.02A3, 5.04, 5.08, 6.01, 6.03, 6.04, 6.06, 6.07, 6.10, 6.11, 6.12, 6.13, 6.15, 7.04C, 7.09,
7.10, 8.02, 8.04F, 11.03, 11.05, 11.09, 11.15, 11.18.
PROPOSITION NO. 3.
Shall the Coppell City Charter be amended to delete obsolete or redundant
provisions or references to the charter without making substantive changes by amending the
following sections and paragraphs: 3.10, 6.15, 8.03B, 9.02, 11.22, 11.24, 11.25, 11.26, 12.01.
PROPOSITION NO. 4.
Shall Section 3.11 of the Coppell City Charter be amended to conform to the State
law regarding conflicts of interest and to clarify the language regarding abstention.
PROPOSITION NO. 5.
Shall Section 3.13B of the Coppell City Charter be amended to provide that copies
of proposed ordinances for City Council adoption shall be made available to the City
Council and the public concurrently.
AGGOTJ]9
PROPOSITION NO. 6.
Shall Section 4.01C of the Coppell City Charter be amended to delete unnecessary
language regarding the removal of the City Manager.
PROPOSITION NO. 7.
Shall Section 4.05 of the Coppell City Charter be amended to provide for the
appointment and removal of the City Secretary by the City Manager.
PROPOSITION NO. 8.
Shall Section 4.07 of the Coppell City Charter be amended to delete Section 4.07F
and to amend Section 4.07D to authorize the City Manager to retain special counsel when
deemed necessary.
PROPOSITION NO. 9.
Shall Section 4.11 of the Coppell City Charter be amended to authorize the City
Manager to create new departments, abolish or consolidate offices and departments, divide
and subdivide the administration of any department, except those specifically established by
the Charter.
PROPOSITION NO. 10.
Shall the Coppell City Charter be amended to conform to State law with respect to
early voting for elections, nepotism and notice of claims by amending the following sections
and paragraphs: 5.03C, 11.03, 11.09.
PROPOSITION NO. 11.
Shall Section 6.02 of the Coppell City Charter be amended to reduce the number of
qualified voters to twenty-five (25) required for a Petitioner's Committee to propose
ordinances, to require reconsideration of adopted ordinances and to recall City Council
members.
AGG07339
PROPOSITION NO. 12.
Shall Section 6.05A of the Coppell City Charter be amended to reduce the number
of signatures required for a petition to recall City Council member from 25% to 15% of the
qualified voters on the date of the last regular municipal election.
PROPOSITION NO. 13.
Shall Section 6.05B of the Coppell City Charter be amended to reduce the number
of signatures required for initiative or referendum from 15% to 10% of the qualified voters
on the date of the last regular municipal election.
PROPOSITION NO. 14.
Shall Section 6.13 of the Coppell City Charter be amended to provide an affirmative
vote of four (4) or more Council members is required to repeal or amend an ordinance
adopted by initiative, or to re-enact an ordinance repealed by referendum.
PROPOSITION NO. 15.
Shall Section 7.03A10 of the Coppell City Charter be amended to require a
reserve/contingency fund of not less than 10% of the proposed City expenditures.
PROPOSITION NO. 16.
Shall Article 8, Sections 8.02 and 8.03 of the Coppell City Charter be amended to
require that committees appointed by the City Council comply with the same rules and
requirements applicable to boards and commissions.
PROPOSITION NO. 17.
Shall Section 9.02 of the Coppell City Charter be amended to delete obsolete Charter
language and to amend the duties and powers of the Planning and Zoning Commission to
provide for the review and recommendation of amendments of the master plan to the City
Council and to authorize appropriate action on plats and subdivisions proposals.
AGG07339
PROPOSITION NO. 18.
Shall Section 11.06 of the Coppell City Charter be amended to clarify the conflict of
interest rules applicable to City consultants and to delete conflict of interest rules for
employees which are governed by the City employee personnel rules.
SECTION 7: This ordinance shall take effect 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 ~2,~
day of C'~L~/~ ~a ;?/ , 1995.
/
APPROVED:
ATTEST:
L~DA GMU, ~i~ SEC~T~Y
APPROVED AS TO FORM:
(PGS/ct 8/23/95)
AGGOTJ39
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.
(TO BE DELETED)
BOLD AND UNDERIJNED AREA
(RECOMMENDED CHANGES)
EXllllilT 'A" - 1-
ARTICLE 1
FORM OF GOVERNMENT AND BOUNDARIES
SECTION 1.01 FORM OF GOVERNMENT
SECTION 1.02 THE BOUNDARIES
SECTION 1.03 EXTENSION OF BOUNDARIES
The boundaries of the City of Coppell, Texas, may be enlarged and extended by the
annexation of ;~dditional territory in accord:moo with Article 970~'t, Vcrnon's
Annotated Civil St:ltulcs as presently writlen or hercaller amended. ~ilh the
provisions of State law.
A. Extending Boundaries by Action of the Ci~ Council
~e Ci~ Council, by ordinance, shall have the power to a~ex addition~
territo~ adjacent to and conti~ous ~th the ci~ limits, ~th or ~thout the
consera of the residents and/or the owners of the territo~ a~exed in
accordance with pro~siom of State law
B. ~nexation of Lands on Petition of O~ers
~e o~er or owners of land comi~ous with and adjacent to the ci~ li~ts
may, by petition in ~iting to the Ci~ Council, request s~d land be annexed
into the ci~. ~e Ci~ Council may grit or re~se the petition. If the Ci~
Council grants the petition, it shall, by ordinance, a~ex said land ~ pan of
the co~orate limits of the ci~ in accordance with ~:~:.~:~:~?~$~ the
provisions of State law.
C. ~nexation by any Other Method Protided by Law
SECTION 1.04 CONTRACTION OF BOUNDARIES
F:.oYlllllIT 'A' - 1- AGG07369
ARTICLE 2
POWERS OF THE CITY
SECTION 2.01 GENERAL
A .....
B .....
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
spccificall.~ to enun~cratc. The City of Coppell shall have and may exercise all tile
p¢~.crs enumerated in Article 1175, Ch.'~pter 13, Title 28, ¢~f the Rex-iscd Civil
Slaturea of the State ~f 'l'cxa.s of 1925, as now, or hereafter amended.
SECTION 2.03 EMINENT DOMAIN
ARTICLE 3
THE CITY COUNCIL
SECTION 3.01 NUMBER, SELECTION AND TERM
A .....
B. All members of the City Council, other than the mayor. sh;~ll be elected under
the place system. At the regul~r ,nunicipal election of officers to be held in
April of 1986, there shall hc elected one councilmember for Place '1 I'~r a txvo-
year term, one councihnember for I'lace 3 for a two-year term, one
councilmember for Place 5 fo~ a two-year f~:rm, one ct~tnlcilmcmbcr t'or Place
7 fi}r a lwo-.x, ear term, and one councihnen~ber for Place 6 for a one-year
EXlliBl'r 'A' -2- AGG07369
.shall bc dcsignated as Place 2, and thc office hcld by Councilmember William
Smothe|'mo|x, Jr, ,~hall be designated a,', Place 4, At the rcgular municipal
election of officcrs to be held in April of t987, there shall be elected a mayo~
for a two-year term, one cmmcihnembcr fi~r !~lace 2 I~}r a two-year mrm, one
councihncmbcr for Place 4 for a xwo-ycar ler~n. and oHe comtcihncmbcr for
Place 6 for a two-year term.
B. ~;::~:Ml femurs of the CiW Council, other than the mayor, shall ~
elated under the place ~stem. At each ~lar election of municipal officers
in May of each even numbered year, there shall be elected one councilmem~r
for Place 1, one councilmember for Place 3, one councilmember for Place 5
and one councilmember for Place 7, each to sere a two-year; and at the
election of municipal officers in May of each odd-numbered year. the~ shall
~ elated a mayor for a ~o-year te~ and one councilmember for Place 2.
one councilmem~r for Place 4 and one councilmember for Place 6, each for
a ~o-year term.
SE~ION 3.02 QU~IFICA~ON OF MEMBERS
In addition to any other qualificatio~ pres~ibed by law, the mayor and each
councilmember shall meet the conditio~ of ~ this Chaffer, while in office,
ad shall reside ~thin the ci~ li~ts while in office. ~y member of the Ci~ Council
ce~ing to possess ~y of the qualifications specified in this section, or conicted of
a felony while in office, shall i~ediately forfeit ~:i~fff~ such position.
SECTION 3.03 JUDGE OF ELE~IONS ~D QUALIFICATIONS
~e Ci~ Council ~ shall be the final judge of ~1 elections ~d of qualifications
of its members.
SECTION 3.~ COMPENSATION
~e mayor ~d members of the Ci~ Council of Coppell shall sere without pay or
compensation; prodded, however, that they sh~l be entitled to reimbursement of and
for necessa~ expenses incurred in the performance of their official duties. ~f~
SECTION 3.05 ~YOR ~D ~YOR PRO ~M
~e mayor shall be recog~zed ~ the offici~ head of the ci~ goverment for all
ceremo~ pu~oses and by the governor for pu~oses of ~lita~ law but shall have
no ad~strative duties. ~ ~e Mayor shall be the chairm~ and shall preside at
~1 meetings of the Ci~ Council. ~e mayor sh~l vote o~y in a case of a tie on all
propositiom before the Ci~ Council, but shall have no power to veto. ~e ci~
F:J(,Hlllff *As -3- AGG07369
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 ~i~;~ 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.
SECTION 3.06 VACANCIES, FORFEITURE AND FILLING OF VACANCIES
A. Vacancies
The office of a councilmember or office of the mayor shall become vacant
upon !~ such person's death, acceptance of resignation by the City Council,
removal from office in any manner authorized by law or forfeiture of :~
office.
B. Forfeiture
A member of the City Council ii~!~i~:i~i~i?~::~iiiii~
their office if ~ such person:
1. :~i:i:i:i:~i:i:i:i:i~i:i:!:i~!;!,i,!:~_During ~ their term of office lacks any
qualifications at any time for the office prescribed by this charter or by
law;
2. Violates any express prohibition of this
!i~!i!!~i.ii~.ii.~~ charter;
3 .....
4 .....
C. Filling of Vacancies
If one or more vacancies shall occur ninety (90) days or more before a regular
city election. a special eleclion shall he called within fifteen (15) days t'ron~
the occurrence of the wtcanc~ or vacancies, to be held on ~}~ the next
availahle unifi}rm election date to fill the vacancies aulhoriTed hy the
Election Code as it now exists or may hereafter be amended, when such
vacan~ or vacancies shall be filled tBr the remainder of the une~ired term,
if any.
FaXltlIBIT '*A' -4- AGG07369
Notwithstanding the requiremen~i!~ii~!i!~!!ii!~i~!ii~;~iS~!~i~;9, 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
SECTION 3.08 PROHIBITIONS
A. Holding Other Office
Except where authorized by law, :~i::.~:i~:'::~'~ members of the
City Council shall not hold any other city office or city employment during
their term as mayor or cotmcihnen~ber. ~d no former
councihnember memhers of the City Council sh~l hold any compensated
appointive ci~ office or ci~ emplo~ent until one (1) year after the
e~iration of ~! their term ~ ~y~:~;~ mem~rs of the CiW
Council.
B. Appointments and Removals
Neither the Ci~ Council nor ~y of its members shall in any ma~er dilate
the appointment or remov~ of any ci~ ad~strative officer or employee
that the ci~ manager or any ~subordinates are empowered to appoint·
but Ihe City Council, at a meeting callcd for that purpose, may express its
views and fidly and free[y discuss with the city nmnager anything pertaining
to appointment or hire and removal of such oflicers and employees.
C. Inteffe~nee ~th Administration
SECTION 3.09 MEETINGS OF CI~ CO~CIL
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
~!~.i,:~;~l~:,;:,~',.i~:,',~!~'::::':~:,!~!~'.i~i~i~i shall bc valid or binding u~ess
EXHIBIT 'A' -5- AGG07369
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
Should any meml~er of the council feel th,'tt he ha.~ a persorutl interest in any
agenda item then hcti~re tlu: council, he shall openly declare such interest
before discussion proceeds and ahslain from fnrthcr participation in the
maner. In such evctn, the al~stcnti{m shall not he considered a fav~rable vole
upoll any trlc~tion concerning the m.'mcr. hz the event such interest ~otlld
constitute a conflict of interest as defined in Article 988b, Vert~orCs Annotated
Civ'il Statutes, as amended, he shall cmnply with said statule and bcti~re vote
or decision on the m~ttter, shall file wilh the city secrett~, lhe affidavit
required hy said slatate staling Ihc nature ~tnd extent of the interest and shall
abstain from further participation in the malter. In snch event, the ahstention
shall not be comidercd a titvorahl~ vote tipon any motion concerning the
matter.
No mem~r of the CiW Council, the mayoh or any other officer, whether
elected, appointed, paid or unpaid. who exercises responsibilities ~yond
those that a~ adfiso~ in natu~, shall paaicipate in a vote or decision on
a matter invol~ng a business entiW in which such officer has a substantial
interest if it is ~asonably foreseeable that an action on the matter would
confer an ~onomic ~nefil on the business entiW. If the officer or a person
~lated to the officer ~thin the second deF~ of affiniW or consan~iniW has
a substantial inte~st in the business entiW that would be p~uniarily affected
by an official action of the City Council. the officer, if a mem~r of the CiW
Council, shall file an affida~t ~th the ci~ secreta~ stating the nature and
extent of the interest and abstain from haher paaicipation in the matter.
~e terns used in this section shall be as defined in Chapter 171, ~cal
Government Code.
B. Abstention
Should ~y member of the Ci~ Coundl choose to abstain from voting on any
question before the Ci~ Council, where no declared co~ict of interest e~sts,
~.i~ the abstention shall be recorded ~ an affirmative vote in hvor of
the motion pending ~fo~ the CiW Council in the official ~nutes of the Ci~
of Coppell.
SECTION 3.12 RULES OF PROCED~
~XlilBIT '*A'* -6- AGG07369
SECTION 3.13 PASSAGE OF ORDINANCES IN GENERAL
A. Form
B. Procedure
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 role which shall
provide that no action be taken on any ordinance which has not been made
avt~ilal~lc to the coLtnell and to the pttblic concurrently. at the cit? offices at
least fc~rty-cight (48) hours pr[¢~r to th,: raceling at which it is tt~ be
considered. This rule, as :xpplied to :~ny specific ordinance, may be suspended
in c;lses of necessity by affirrnative vote of at le:tst It maj¢~rity ~f all the voting
members of the council. Ccj[}ies of the proposed ordinance, in the form
required for ;~doption, shall be nmdc avail;tble at the City offices and
I't,n~i.~hed to citizens t~pt~n rcqt, e.Nl.
C. Effective Date
D. Reading
SECTION 3.14 AUTHENTICATION, RECORDING, CODIFICATION, PRINTING AND
DISTRIBUTION
A. Authentication and Recording
B. Codification
C. Printing of Ordinances and Resolutions
SECTION 3.15 INVESTIGATIONS BY THE CITY COUNCIL
SECTION 3.16 BOND
EXHIBIT *A' -7- AGG07369
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 ~ii.ii.~ 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 ~ actina city manager or mayor
may sign and execute such contracts and agreements which have been
approved by the City Council.
C. Term and Removal
1. If within five (5) days after being notified of his termin;ttion and
removal, the city manager files a written reqt,esl to the City Cot~ncil
requesling thai his tcrmlnation be recnnsidered, the City Cotmcil shall,
as soon as practical, n~e¢t wjlh the city rnaHuger in executive session
to review its decision Io terminate.
2. After such review, after affording the city m.'~nager an oppo,'tunity to
respond to such ini~i,'d decision to terminate, a new vote sh,'t]l bc taken
with regard to terntinalion of the cit) m,'m.'tger.
3. At the reque.M of the city nutn;tger, Ihc reviexv meeting shall be held
open tn the public.
EXHIBIT 'A' -8- AGGU7369
4. Thc city manager shall continue to receive his salary.' pending this final
decisioa of the council.
5. This proccdurc for a review meeting with the city manager shall
alter the fact that the cily m~nagcr sc~'es at the pleasure of the City
Council and the city nmnagcr sh~l not have, nor should this procedure
be consm~ed Io grant Io the city manager, a property intercsl or right
m contixmed cn~ploymcnL
D. Duties
~e ci~ m~ager shall be empowered to:
1. Appoint, and when ~ dee~ necessa~ for the welfare of the ci~,
suspend or remove any or all ciW employees and appointive
ad~strative perso~el provided for by this ch~ter, and shall
promulgate such roles and re~lations ~:~:~:~ deeme~ appropriate
and necessa~ for the exercise of this authori~;
2 .....
3 .....
4. Attend all Ci~ Council meetings and have the right to take pan in
discussions, but :~ sh~l not vote;
8. Make reports as i~ necessary or a__s the City Council may require
concerning the operations of the city departments, offices or agencies.;
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 !:~ ~Uch
disability shall cease. The acting city manager shall be a qualified
administrative officer of the city at the time of i~ the designation. No
member of the City Council shall serve as acting city manager, unless the
BHIKIT '~1~'* -9- AGG07369
council shall deem the situation to be an emergency, in which case it shall
require at least four (4) affirmative votes to declare such emergency.
SECTION 4.02 POLICE DEPARTMENT
B. The chief of police shall be the chief administrative officer of the Department
of Polic{~: and i~ shall, with the approval of the city manager, appoint and
remove the employees of said department. 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
department and for the carrying out and enforcement of the resolution_s 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 .....
B. The fire chief shall be the chief administrative officer of the Fire Departmen(
:~l and shall. with the approval of the city manager. appoint and remove the
employees ol' said dcpartmcnt, suhject to the review of the city manager, and
shall perti~rm such other duties as m.'~y he required of him. The fire chief shall
be appointed by the city man:tger for an [ndefinilt~ term. The fire chief shall
be fully responsible for carrying out enforcement of the resolutions and
ordinances of the City Council. and shall perform such other duties as may
be required by the city manager..~ The fire chief may be removed from
office by the city manager.
SECTION 4.04 FINANCE DEPARTMENT
A. ....
B. The director of finance shall be the chief administrative officer of the
Department of Financ(i:.iii:.i~ 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 function_~ 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. i~ The director of finance shall appoint and
remove the employees of said department, subject to the review of the city
manager, and shall perform other duties as may be required ~i~!by the city
manager. The director of finance shall be appointed by the city manager for
EXHIBIT "A'~ -10- AGG07369
an indefinite term.
SECTION 4.05 CITY SECRETARY
officer of the city who shall have the title of city secretary. The city secretary shall
give notice of the council meetings, shall keep minutes of its proceedings, shall
authenticate by signature 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..H~ The city secretary may be removed from office
by the city manager.
SECTION 4.06 MUNICIPAL COURT
Ah General
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
ofi~ 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 clerk of said court and i~ 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
E. Costs, Fines and Penalties
SECTION 4.07 CITY ATTORNEY
A. Appointment and Qualifications
EXHIBIT *A* - 11- AGG07369
B. Removal
C. Duties
I). Special Coansel
Th~ Chy (Tomnell shall h:~vc the right to rot:tin special counsel at any time that
it may deem necessary and appr~prlate.
Compensation
Additional Attoneys
~e ci~ attorney, ~th approv~ of the ~ Council, may select additional
attorneys to act for ~ the ci~ atto~ey and the ci~ in its representation and
litigation.
Firm May Desi~ate Indiadual To Sere as Ci~ Attoney
~e Ci~ Council may contract ~th ~ attorney or ~th a firm of attorneys
who may designate one (1) member of said firm to sere as ci~ attorney.
SECTION 4.08 DEP~E~ OF HEAL~ ~D S~ITATION
A. Appointment and Qualifications
B. Duties of Health O~cer
The cily health officer shall have those dulics m~d obligations as set [~rlh in
Article 4430, Vernon's Annotated Civil Stan~tes. as it now exists or m~y
hereafter b~ amended .required I~' ~[ale la~'.
SECTION 4.09 PERSO~L SYS~M
SECTION 4.10 CITY ENGINEER
A. Appointment and Qualifications
B. Removal
Lxnmrr ,A, -12- AGGG7369
C. Duties
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 i~i~::~!~i!iiii~i~ deemed
necessary and appropriate.
E. Compensation
F. Term City Engineer
SECTION 4.11 OTHER DEPARTMENTS
The ci~i::i~l manager may create new departments, abolish or consolidate
offices and dt'parlmcln~, ,'~s may deein to be in the best interest of the city; may
divide and stfl~divitlc Ihc admilfi.~tralion of ,'my such dcparlmcnts as may deem
advisable; may create new departments; and m:ty discontinue any offices or
departments at his discretion. except those specifically c~lablished b~ this charter.
ARTICLE 5
NOMINATIONS AND ELECTIONS
SECTION 5.01 CITY ELECTIONS
A. Election Schedule
B. Special Elections
C. Voter Eligibility List
D. Conduct and Regulations of Elections
E. Publicizing City Elections
Exu:nrr "A" -13- AGG07369
SECTION 5.02 FILING FOR OFFICE AND ELIGIBILITY TO FILE
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 !~i~ this charter.
SECTION 5.03 OFFICIAL BALLOTS
A. Names on Ballot
B. Order of Listing
C. !~..! Early Ballots
Procedure for voting by i~ early ballot shall be consistent with the
Texas Election Code.
D. Ballots for Ordinances, Bond Issues and Charter Amendments
E. Write-in Votes
SECTION 5.04 WATCHERS AND CHALLENGERS
A regularly nominated candidate shall be entitled, upon written application to the
election authorities, to appoint the number of persons as authorized by the Texas
Election Code to represent ~!~ such person as watchers and challengers at each
polling place where voters may cast their ballot~:i~i:~. 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 of Texas. The watchers and challengers may
exercise their rights throughout the voting and until the ballots have been counted.
SECTION 5.05 CANVASSING
14- AGGOT369
SECTION 5.06 ELECTION BY MAJORITY
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 first place, a
run-off election shall be held pursuant to i~i~:!~i~f 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 affirmation to be filed and kept in the office
of the City Secretary:
SECTION 5.09 EXCEPTION OF ELECTION CODE
ARTICLE 6
LEGISLATION BY THE PEOPLE:
INITIATIVE, REFERENDUM AND RECALL
SECTION 6.01 GENERAL AUTHORITY
(.iround~ f~>r removal of any mcnd~er ot' the City (7ouncil, whether elected to office
by the qualified voters c~r app{~it|ted by the (.'ily Council to fill a vacancy, shall be
incompetency, non-compliance with this charter, misconduct or malfeasance in office.
SECTION 6.02 PETITIONERS' COMMITTEE
Any grottp of not less than twenl~-~e (25) q.alificd voters equal to ten percent (
10%) of the number of balh}t.~ cast in the last regular mt,~icipal election, but not less
than 100. may con~mencc procecclings contcml>latcd by Ibis arlicle by filing v. ith the
city secretary an affidavit stating that they will constitute the petitioners' committee;
they will be responsible for preparing, priming and circulating the petition; they will
][~dlll~lT warn =15- AGG07369
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.
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 secretary shall 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 shall be a qualified voter of
the City of Coppell. ~e;~ ~igner_s shall personally sign ~ their own name thereto
in ink or indelible pencil, and shall write after ~ their name ~ their place of
residence within the boundaries of the City of Coppell, giving name of street and
number, or place of residence, and shall also write ~ their voter registration number
and the day, the month and the year ~ the signature was 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.
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 i ii~!~;i~) 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
gxumrr 'A' -16- AGG07369
following the filing of the affidavit by the petitioners' committee.
B. A petition to the City Council for initiative or referendum containing the
signatures of qualified voters equal in number to no fewer
i~:~i:~) 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.
SECTION 6.06 CERTIFICATION OF PETITIONS AND PRESENTATION TO CITY
COUNCIL
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 ~ii~!~:i~i~i::~ii~!~iii~iii!i~ithis article.
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.
SECTION 6.08 ACTION ON INITIATIVE AND REFERENDUM PETITIONS
SECTION 6.09 CALLING OF RECALL ELECTION
SECTION 6.10 ~THD~W~ OF PETITION
A. W~thdrawal of Initiative and Re~ndum Petitions
F_~nn~rr 'A' - 17- AGGIY7369
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 !~i!~i~$~$~ithis article.
B. Withdrawal of Recall Petitions
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 consideration of limitations as specified in .~.~i.~i~
i~this article, recall procedures successfully withdrawn shall be considered as
never having been initiated.
SECTION 6.11 FORM OF BALLOTS
Immediately to the left of such statement shall appear a square in which the voter
may cast ~ _a vote by making a mark.
Immediately to the left of such statement shall appear a square in which the voter
may cast ::~ a vote by making a mark.
SECTION 6.12 RESULTS OF ELECTION
An ordinance adopted by initiative may be repealed or amended at any time after
the expiration of tx~o (2) .~cars. by a vote of not less than five (5) members of the
City Council, or any time after the expinttknx of five (5) years by ~ affirmative vote
of four or more city' councihnembers.
F~xumrr 'A' - 18- AGG07369
An ordinance repealed by referendum may be re-enacted at any time after the
expiration or two (2) years. by a vote of not less than rive (5) of the City Council or
at any tin'm after the e~tt~iration of five (5) years by an affirm;ttive vote of four or
more city councihnembers.
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, i~ such person shall
continue in office for the remainder of igi the unexpired term, subject to recall as
before within the limitations of i~:i:~!i~:',:~ 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 i~ 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 ii~
in office, nor shall ~i~ such 0erson's name appear on a ballot for elective office of
the City of Coppell within a period of five (5) years following the date of the election
at which ~ such person was removed from office.
SECTION 6.14 FAILURE OF CITY COUNCIL TO CALL AN ELECTION
Any t>ctition filed with the city that seeks the calling of an election not provklcd
in section 6 or this article. shall conform to and be processed by the cit~ as provided
for in this article unless otherwise required by law.
ARTICLE 7
MUNICIPAL FINANCE
SECTION 7.01 FISCAL YEAR
EXHIBff 'A' - 19- AGGOT369
SECTION 7.02 SUBMISSION OF BUDGET
SECTION 7.03 BUDGET
A. Content
10. A reserve/contingency fund not less tha~!~!~~ ten percent
(10%) of the proposed expenditures for the major operating funds; and
B. Public Notice and Hearing
C. City Council Action
D. Failure to Adopt
SECTION 7.04 AMENDMENTS AFTER ADOPTION
Supplemental Appropriations
B. Emergency Appropriations
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 i~i~i~
the estimated ~ount of deficit, any remedial action taken i~i~i~:~ ~':i~':'~'n~
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
F.x ~ ~ lift 'A' -20- A6 G07369
E. Limitations
F. Effective Date
SECTION 7.05 CAPITAL PROGRAM
SECTION 7.06 PUBLIC RECORDS
SECTION 7.07 LAPSE OF APPROPRIATIONS
SECTION 7.08 BORROWING
The Right to Borrow
B. General Obligation Bonds
C. Revenue Bonds
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, ~i~!~!~.~.~ 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
!~XHIKIT mAIm -2 1' AOO07369
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 made or obligation incurred against any allotment or
appropriation except in accordance with appropriations duly made and unless the city
manager or i!~! the city 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 iF~ 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.
SECTION 7.11 DEPOSITORY
SECTION 7.12 FINANCIAL REPORT
SECTION 7.13 INDEPENDENT AUDIT
ARTICLE 8
BOARDS, ?::~ COMMISSIONS AND COMMITTEES
SECTION 8.01 AUTHORITY
SECTION 8.02 QUALIFICATIONS
EXIIIIBIT 'A' -22- AGG07369
Members of all boards, ~:._.._~i!.commissions and committees ~ mu~ be oualified
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.
SECTION S.03 BOARDS, ~.COMMISSIONS AND COMMIITEES 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
:~iithis charter.
B. Parks and Recreation Board
C. Library 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 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 administrative 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.
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.
F. Appointment of Boards, i~ Commissions and Committees
All boards and commissions of the city in existence at the adoption of this
charter sludl continue to ~mclion as established until September 30, 1986, at
EXIIIBIT 'A' -23- AGG07369
~iij~i~i~:LThe City Council shall make its appointments to all boards and
commissions required by this charter and to those established by the City
Council which are not required by the charter
!~.i~i~.i:~.~i!!!~.:~.~.~.~.i:~i~!~!~i~i~i~i~!~i~Members of such boards and
coSssions shall sere sta~ered ~o-year terms commencing the first of
October. Each year :.~{~ the Ci~ Council shall make its appointments
to all boards and coSssions during the month of September or ~ soon
thereafter ~ possible. In the event a vacan~ is created on any board or
co~ssion required by this :$~ charier, the City Council may fill such
vacanq ~thin 30 days of such vacant. Said appointee sh~l sere the
remainder of the term of the office vacated.
SECTION 8.~ GE~
A. Open M~tings
B. Appeals to CiW Council
C. Compensation
D. Minutes
E. Exclusion of Ci~ Officers and Employees
F. Rules and Re~lations
~1 boards, co~ssions and comettees established or created by this charter
sh~l set out the~ own ~les and re~lations as approved by CiW Council for
operation thereof u~ess specific~ly prescribed by the laws of the State of
Text, this charter or ordinance. Except as prodded by State law. ordinances
creating any board, co~ission or co~ttee shall pro~de that ~ ~y
member is absent t~rm ~r~ three consecutive regular roeclings, or by hLs
absence cause~ a regular meeting to be canccied because of hick of a quorum,
his .stt~ position shall be declared vacant and the ~acanc~' may bc filled for
the remainder of the une~ired term by the CiW Council ~thin 30 days after
the ~ac~tllcy occurs. Where the board, conm~ission or cummittce meets by a
called mccth~g only, an absence of more than 50 per cent of the called
meetings during any six rnolllh period shall be grounds for tenroyal.
Exnm!T 'A' -24- A~aG07369
ARTICLE 9
PLANNING
SECTION 9.01 POWERS OF THE CITY
SECTION 9.02 PLANNING AND ZONING COMMISSION
The Planning anti Zoning Comlnis~ion heretofore cst4hlishcd hy thc city shall
conth~ttc ~o operate ~ts the I~laz~nir~g and Zo.ing Conntzi~ion of the city until
tithe established hy this charter for the apl'tointmcnt of all boards and comn~issk~ns
in September of 1986, at which time the City Co. ncil shrill appoinl ~t Planning and
Zo~ng Com~ssion in the ma~er prodded by state law and this charter, whose
prima~ du~ shall be to reco~end to and advise the ~ Council in caring out
its various duties and ~nctions regarding planning and the environmental qu~iW as
prodded by state law, this ch~ter and the ordinances of the ci~.
A. Organ~ation and Qualifications
1. ~ere shall be established a Pla~ing and Zo~ng Commission which
shall co~ist of seven (7) citize~ of the Ci~ of Coppell appointed by
the Ci~ Council. ~e Council shall, by ordinance, pro~de a method
by which the members of said co~ssions shall sere sta~ered terms
of ~o (2) years. ~e ordinance prodding for the establishmere and
maintenance of the Pla~ng and Zo~ng Co~ission shall pro~de
that the com~ssion elect a chairman from among its membership each
ye~ at the first re~lar meeting following the a~ual appointment of
new members. ~e co~ssion shall meet not less than once each
month. In the event a vacan~ is created on the co~ission, the CiW
Council shall fill such vacan~ as prodded for in :~A~;:~;:~::~:;;;:~ this
ch~ter.
B. Duties and Powers of the Planning and Zoning Commission
2. Review and recommend to the City Counci!~.;!~iV~!.~;ii.~V:¢~~
~ amendments to the master plan;
3. Receive~i.ii~O review and take appropriate action on all platting and
EXHIBrr 'A' -25- Aooo7369
subdivisicm proposals.; and make recornmcndations to the Cily Council
for appropriate action; and
~TICLE 10
P~LIC ~ILITIES, F~CHISES ~D LICENSES
SECTION 10.01 PO~ OF ~E CI~
SECTION 10.0~ PO~R TO G~ F~CHISE
SE~ION 10.03 O~IN~CE G~ING F~CHISE
SECTION 10.~ ~SFER OF F~CHISE
SECTION 10.05 F~CHISE V~ NOT TO BE ~LO~D
SECTION 10.06 ~GHT OF ~GU~TION
SECTION 10.07 CI~ O~D P~LIC SER~CES
SECTION 10.08 ~GU~TION OF ~TES
SECTION 10.~ EXISTING F~CHISES ~D O~ER CONDITIONS
Exalarr 'A" -26- AGG07369
ARTICLE 11
GENERAL AND TRANSITIONAL PROVISIONS
SECTION 11.01 PUBLICITY
SECTION 11.02 OFFICIAL NEWSPAPER
SECTION 11.03 NEPOTISM
No person rclatcd within the second degree by aft'inily or within the third degree by
consanguinily to the mayor or any cily councilrecruiter or the cily manager shall be
employed or ttppt~inted to any position of the city. '!'his does not apply to any person
continuously employed for t~o (2) years prior Io the election or appointment of the
person related in the above degrees.
No person ~lated ~thin the second degr~ by affiniW or ~thin the third de~ by
consan~ini~ to the mayor, ciW councilmember or the ciW manager shall ~
apoointed to any office. position or clerkship or other se~ice of the ciW, except. if
the indiadual is employed in the position immediately before the election or
appointment of the mayor, councilmember or ci~ manager to whom the indiadual
is related in a prohibited aleFee and that prior emplo~ent is continuous for at
least thiay (30) days if the mayor, ci~ councilmember or ci~ manager is appointed
or six (6) months if the mayor or ciW councilmem~r is elected, this section shall not
aoply, prodded that the mayor, ciW councilmember or ciW manager to whom the
individual is related in a prohibited deF~ may not participate in any deliaration
or voting on the appointment, ~appointment. confirmation of the appointment or
reappointment. employment, reemplo~ent. change in status. compensation, or
dismissal of the individual, if that action applies only to the individual and is not
taken ~garding a bona fide class or catego~ of employees.
SECTION 11.~ OA~
SECTION 11.05 PERSONAL FINANCIAL INTEREST
No officer or emph~yce of the cil}, sh:dl have a financial interest, direct or indirect.
in :my conlract x~.ith the ciB', nor shall be rinancially interested, directly or indirectly,
in the sale I(~ the city of an~ land, materials. ~upplic~ or ser~ ice, c~cept tm behalf' of
the cily as an officer or employee. An~ willl'ul violalicm of this secli,n Mutll constilute
gxnmrr 'A' -27- AGG07369
mali~as:mce in office, and any officer or empk~yec found guilty thereof shall be
subject io rcmmval from his office or position. Any vic~lation of This section with the
knowledge, expressed or implied. of the person or corporation contracting with the
City Council shall render the contract involved void.
No officer or employ~ of the ci~ shall have a financial interest. di~t or indict
in any contract ~th the ci~. nor shall they ~ financially interested. di~tly or
indir~tly. in the sale to the ci~ of any !and. materials, supplies or se~ce, excent
on ~half of the ci~ as an officer or employs. ~e pm~sions of this s~tion shall
not apply to the officers named in Section 3.1 1A of this chaaer. ~y ~llful ~olation
of this s~tion shall constitute malfeasance in office, and any officer or employee
found ~il~ ther~f shall ~ subject to removal from their office or position. ~y
~olation of this s~tion shall render the contract voidable at the discretion of the
Ci~ Council.
SECTION 11.06 CO~LIff OF I~ST
~,~,~,~,~ profession~ comultant of the ci~ shall not:
Accept other emplo~ent or engage in outside a~i~ties incompatible ~th
the proper discharge of i~ ~ duties and responsibilities ~th the d~, or
which might im~r..~ independent judgment in the performance of ~! ~
du~ to the d~
B. Personally provide sea'ices fi~r compensation, directly or indirectly, m a
person or organization who is req.esting an approval, im'e~figation or
determination from the oily.
C. No employee of the City shall engage in a polilical campaign involving the
office of Copl~ell City Council, become a candidate for office on th~ Coppell
Cily Council or become a candidate ~r office on Ihe governing body of any
local area political subdiviskm which has overlapping jurisdiction wilh tim City
of Coppell. including but nol limiled to, such political subdivisions as Coppell
h'~depcndent School Districtl~ Dallas County., or Coppoll Municipal Utility
l)islrict.
SECTION 11.07 ASSIG~E~ EXEC~ION ~D G~ISHME~
SECTION 11.08 SECURITY AND BOND
SECTION 11.09 DAMAGE SUITS
EXHibiT 'A' -28- AGG07369
13efore the: city shall be liable for any claim for d:nnages for the death or personal
injuries of any person or for damages to property, the complaimuzt or his authorized
representalive shall noti[v the city secrcta~'. The nolification shall be in writing and
shall state spccil'ically how. when and whcr~ the death, in./ury or damage occurred;
the amount of loss claimed: and the identity or any witnesses upon whom it
relied to establish the claim. The notilicatkm shall hc filed within forty-five (45) days
of the date of injnry or damage or. in the case of death, ~i~l~in forty-five (45) days
of the date of death. ~l~e t~ilurc to sn notify the oily within the time a.ud manner
specified shall exonerate. excuse and cxcnqn the city from any liability whak~oever.
No action at law shall he brought against the city until al least sixty (60) {lays have
elapsed ~llowh~g the dale of notilkatior~
Befon the Ci~ of Coppell shall ~ liable for any personal inju~ or death or for
claims for damages or i~u~ to ~al or personal pmpe~ alleged to have ~n
caused by the negligent act or omission of any officer, agent or employee of the ci~.
the person who has ~en iniu~d, the person who may have a cause of action under
the law by ~ason of such death or inju~, the person whose prope~ has been
inju~d or damaged. or someone on their ~half, shall file a claim in ~iting ~th the
ci~ sec~ta~ ~thin s~ (6) months after said inju~, death or damage has occumd.
stating sp~ifically when, whe~ and how the inju~, death or damage occuwed, the
full e~ent the~of. the amount of damages claimed or asscacti, and the basis for
liability on the paa of the ci~. ~e person ~ving notice under this section shall
~ve their residence address during the last six (6) months prior to the inju~, death
or damage and shall subscribe their name the~to. Neither the mayor. ci~
councilmem~r, ci~ manager, ci~ secreta~. ci~ attorney or any other officer or
employee of the ci~ shall have authod~ to waive any of the provisions of this
s~tion, but the same may ~ waived only by ~solution of the Ci~ Council made and
passed before the e~iration of said six (6) month period.
SECTION 11.10 POWER TO SETYLE CLAIMS
SECTION 11.11 SERVICES OF PROCESS
SECTION 11.12 PLEADING ORDINANCES
SECTION 11.13 CONSTRUCTION OF CHARTER
gJflllBIT *A' -29- AGG07369
SECTION 11.14 JUDICIAL NOTICE
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 ~i such person
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:
SECTION 11.16 LIBRARY
SECTION 11.17 PARKS AND RECREATIONAL FACILITIES
SECTION 11.18 EMERGENCY POWERS OF THE MAYOR
Whenever it shall come to the knowledge of the mayor !~i~i~!::i~F~i!~!that any
malignant, infectious or contagious disease or epidemic is prevalent in the city or
probably will become so, or in case of public calamity arising by reason of flood,
hurricane, tornado, fire or other disaster, ~i 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, fire or other
disaster.
SECTION 11.19 SEVERABILITY
SECTION 11.20 EFFECT ON EXISTING LAWS
Extlmrr 'A' -30- Ao0o7369
SECTION 1121 CITY DEFINED
The ma.sculine gender of tile wording throughottt this charter shall al~ays be
inteq~reted to mean either sex.
SECTION 1123 ~ENDME~ OF C~R
~endments to this charter may be framed and submitted to the qualified voters of
the dty in the manner provided hv Article 1170, Vernon's Annotated Civil Statutes
State law, as now or hereafter amended.
This charter is M} constructed that in order to enable it to work and fireorion, it is
nccessa~' that it be adopted in ils entirety. 'l~t~s, the charlet commission directs thin
it be voted tqlon as a whole and be submitted to the voters of Coppell at an election
to be held for that purpose on January 18, 1986. Not less than thirty (30) days prior
to such election, the City Council shall cause the city secretary to mail a copy of this
charter to each quaillied voter of Coppell as appears on the latest lisl of registered
voters. If a m;0ority of the qualified ~oters voting in such election vote in favor of tile
adoption of this charter, it shall I>ecome the charter of the City of Copi~ell. A copy
of said charter, aulhenlicated by the signature of the mayor and the seal of the city,
shall be liarwarded to the secretary of the Stale Of TextIs and shall show the approval
of this charter by majority yore of the qualitied voters voting at such election.
SECTION 1125 ~GING ~D ~BERING
A. This charter shall t.'.tkc effect immediately following adoption by the voters
and cnlry of an official order b}. the City Council declaring the same adopted.
B. Upon the adoption of this charter, the present members of the City Council
filling elective offices will continue to fill those ottices h~r the terms in which
they were elected. Thereafter. the City Council shall be elected ~ks provkled
in this charlet. Persons, who, on the date this charter is adopted, are filling
appointiv~ positions with the City of Coppoll which arc retained under this
charter, may continue to fill these positions for the term ~r which they were
EXHIBIT 'A" -3 1- AOG07369
appointed, unless rcmQved by the City Ctmncil or by cnhcr rncans provided
for in this charter.
A. This charter shall be submitted to the qualified voters ~f the City of Coppell
for adoption or rejection on January 18, 1986. at which election, if a majority
of the qualified voters voting in such elcclion shall vote in favor of the
ttdt~ption of this charter. it shall then immcdiatel~ bcctnne the governing law
Q[ the Chy of Coppell, Texas, until amentied or repealed.
B. It being impractical to submit this charter by sectkms, it is hereb~ prescribed
that xhe form of hallt}t m be used in such election shall he as lbllows, t{} wit:
C. The present City Council of the City of Coppell shall call an election in
accordance with the provisions of the general laws of the slate govcrnit~ such
elections, and the same shall be conducted and the returns made and resulL~
declared ~s provided by the laws of the State of Texas governing municipal
elections, and in ctKse a majority of the votes cast at such election shall be in
hvor of the ad¢~ption of such charter, then an official t~rder shall be entered
ul:mn the records of said city hy the City Council of Coppell declaring the
same adopted ;rod the city sccreta~' shall record at length upon the records
of the city, in a separate book to he kept in his t~l'l'ice tbr such purpose, such
charier as adopted, and such secreta~' shall fitrni~h to the mayor a copy of
charter which shall be tbm'ardcd by the mayor as soo~ as practicable, to the
secrelary of state under the seal of the city together x~ ith a certificate showing
the approval of the qualified ~.otcrs of Nuch charter.
Re..,pcctfully submitted to the City {:7ouncil of the (:it)' of Coppell for the puqmse of
e;dling an ,qection on tim question ot' adol~lion of Ihe I Iome Rul~ Charter on lhi~
10th day of !)ccembcr, L985. This proposed charter represents th~ recommendation
of the Citizens' Cl'mrter Commission whose membership is listed below.
EX~HBrr "A" -32- AGG07369