Home Rule Charter/1986
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HOME RULE CHARTER
FOR
THE CITY OF
COPPELL, TEXAS
Submitted to the People January 18,1986
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ARTICLE 1
Section 1.0 I
Section 1.02
Section 1. 03
Section 1.04
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ARTICLE 2
Section 2.01
Section 2.02
Section 2.03
ARTICLE 3
Section 3.01
Section 3.02
Section 3.03
Section 3.04
Section 3.05
Section 3.06
Section 3.07
Section 3.08
Section 3.09
Section 3.10
Section 3. II
Section 3.12
Section 3.13
Section 3.14
Section 3.15
Section 3.16
ARTICLE 4
Section 4.01
Section 4.02
Section 4.03
Section 4.04
Section 4.05
Section 4.06
Section 4.07
Section 4.08
Section 4.09
Section 4.10
Section 4.11
TABLE OF CONTENTS
FORM OF GOVERNMENT AND BOUNDARIES
Form of Government ........................
The Boundaries .............................
Extension of Boundaries .....................
Contraction of Boundaries ...................
POWERS OF THE CITY
General .....................................
General Powers Adopted .....................
Eminent Domain ............................
THE CITY COUNCIL
Number, Selection and Term .................
Qualification of Members ....................
Judge of Elections and Qualifications .........
Compensation ...............................
Mayor and Mayor Pro Tern ..................
Vacancies, Forfeiture and Filling of
Vacancies ...................................
Powers of the City Council ...................
Prohibitions .................................
Meetings of City Council .....................
Quorum ....................................
Conflict of Interest and Abstention ...........
Rules of Procedure ..........................
Passage of Ordinances in General .............
Authentication, Recording, Codification,
Printing and Distribution ....................
Investigations by the City Council ............
Bond...................................... .
ADMINISTRA TlVE SERVICES
City Manager ...............................
Police Department . . . . . . . . . . . . . . . . . . . . . . . . . . .
Fire Department ............................
Finance Department .........................
City Secretary ...............................
Municipal Court ............................
City Attorney ...............................
Department of Health and Sanitation .........
Personnel Sy~tem ............................
City Engineer ...............................
Other Departments ..........................
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2
2
2
3
3
3
3-4 ....
4
4-5
5
5
5
5
6
6
6-7
7
7-8
8
8-9
9-10
10
10
10
10-11
11-12
12
12
12-13
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ARTICLE 5
Section 5.01
Section 5.02
Section 5.03
Section 5.04
Section 5.05
Section 5.06
Section 5.07
Section 5.08
ARTICLE 6
Section 6.01
Section 6.02
Section 6.03
Section 6.04
Section 6.05
Section 6.06
Section 6.07
Section 6.08
Section 6.09
Section 6.10
Section 6. II
Section 6.12
Section 6.13
Section 6.14
ARTICLE 7
Section 7.01
Section 7.02
Section 7.03
Section 7.04
Section 7.05
Section 7.06
Section 7.07
Section 7.08
Section 7.09
Section 7.10
Section 7.11
Section 7.12
Section 7.13
ARTICLE 8
Section 8.01
Section 8.02
Section 8.03
Section 8.04
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NOMINA TlONS AND ELECTIONS
City Elections ...............................
Filing for Office and Eligibility to File .........
Official Ballots ..............................
Watchers and Challengers ....................
Canvassing ..................................
Election by Majority .........................
Run-off Election ............................
Exception of Election Code ..................
LEGISLA TlON BY THE PEOPLE:
INITIATIVE, REFERENDUM AND RECALL
General Authority ...........................
Petitioners' Committee .......................
Petition Circulation ..........................
Form of Petition ............................
Presentation of Petitions .....................
Certification of Petitions and Presentation to City
Council .....................................
Public Hearing on Recall of Officers ..........
Action on Initiative and Referendum
Petitions ....................................
Calling of Recall Election ....................
Withdrawal of Petitions ......................
Form of Ballots .............................
Result of Election ...........................
Limitations and Restrictions ..................
Failure of City Council to Call an Election
MUNICIPAL FINANCE
Fiscal Year. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .
Submission of Budget ........................
Budget ......................................
Amendments After Adoption .................
Capital Program ............................
Public Records..............................
Lapse of Appropriations .....................
Borrowing ..................................
Purchasing ..................................
Administration of Budget ....................
Depository ..................................
Financial Report ............................
Independent Audit ...........................
BOARDS AND COMMISSIONS
Authority ...................................
Qualifications ...............................
Boards and Commissions Enumerated ........
General .....................................
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14
14
15
15
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ARTICLE 9
Section 9.01
Section 9.02
ARTICLE 10
Section 10.01
Section 10.02
Section 10.03
Section 10.04
Section 10.05
Section 10.06
Section 10.07
Section 10.08
Section 10.09
15-16
16
16
16
16-17
ARTICLE 11
Section 11.0 I
Section 11.02
Section 11.03
Section 11.04
Section 11.05
Section 11.06
Section 11.07
Section 11.08
Section 11.09
Section 11. 10
Section 11. II
Section 11.12
Section 11.13
Section 11.14
Section 11.15
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18
18-19
19
19-20
20
20
21
21
21-22
23
23
24
24
24
24-25
25
25
25
25
Section 11.16
Section 11. 17
Section 11. 18
Section 11. 19
Section 11.20
Section 11.21
Section 11.22
Section 11.23
Section 11.24
Section 11.25
Section 11. 26
26
26
26-27
27-28
ARTICLE 12
Section 12.01
Page
PLANNING
Powers of the City ........................... 28
Planning and Zoning Commission ............ 28-29
PUBLIC UTILITIES, FRANCHISES AND LICENSES
Powers of the City ........................... 29-30
Powers to Grant Franchise ................... 30
Ordinance Granting Franchise ................ 30
Transfer of Franchise ........................ 30
Franchise Value Not to be Allowed ........... 30
Right of Regulation ......................... 30-31
City-owned Public Services ................... 31
Regulations of Rates ......................... 31
Existing Franchises and Other Conditions ..... 32
GENERAL AND TRANSITIONAL PROVISIONS
Publicity .................................... 32
Official Newspaper .......................... 32
Nepotism ................................... 32
Oath ....................................... 32
Personal Financial Interest ................... 32
Conflict of Interest .......................... 32-33
Assignment, Execution and Garnishment ...... 33
Security and Bond ........................... 33
Damage Suits ............................... 33
Power to Settle Claims ....................... 33
Services of Process .......................... 33
Pleading Ordinances ......................... 33-34
Construction of Charter ...................... 34
Judicial Notice .............................. 34
Persons Indebted to the City Shall Not Hold
Office or Employment ....................... 34
Library ..................................... 34
Parks and Recreational Facilities ............. 34
Emergency Powers of the Mayor ............. 34
Severability ................................. 35
Effect on Existing Laws ...................... 35
City Defined ................................ 35
Gender of Wording.. .. . .. .. ... . .. .... ...... . 35
Amendment of Charter ...................... 35
Submission of Charter to Voters .............. 35
Rearranging and Renumbering ............... 35
Schedule of Transition ....................... 35-36
ADOPTION OF CHARTER
Procedure ...................................
36-37
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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.
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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 "Cit.y 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 I through 7.
B. All members of the City Council, other than the mayor, shall be elected under the
place system. At the regular municipal election of officers to be held in April of 1986,
there shall be elected one councilmember for Place I for a two-year term, one
councilmember for Place 3 for a two-year term, one councilmember for Place 5 for a
two-year term, one councilmember for Place 7 for a two-year term, and one
councilmember for Place 6 for a one-year term.
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After adoption of this charter, the office held by Councilmember Dale Ware shall
be designated as Place 2, and the office held by Councilmember William
Smothermon, Jr. shall be designated as Place 4. At the regular municipal election of
officers to be held in April of 1987, there shall be elected a mayor for a two-year
term, one councilmember for Place 2 for a two-year term, one council member for
Place 4 for a two-year term, and one councilmember for Place 6 for a two-year term.
Thereafter, at each regular election of municipal officers in April of each even-
numbered year, there shall be elected one councilmember for Place I, 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 each regular election of municipal
officers in April 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.
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 Article 5, while in office, and shall reside
within the city limits while in office. 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 his office.
SECTION 3.03 JUDGE OF ELECTIONS AND QUAUFICA TIONS
The City Council may 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 payor .
compensation; provided, however, that they shall be entitled to reimbursement of and
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for necessary expenses incurred in the performance of their official duties, when
approved by the council.
members 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 3.05 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. He 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. He shall, when authorized by the
City Council, sign all official documents such as ordinances, resolutions, con-
veyances, grant agreements, official plats, contracts and bonds.
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 shall provide for the exercise thereof and the
performance of all duties and obligations imposed upon the city by law.
SECTION 3.08 PROHIBITIONS
The mayor pro tern shall be a council member 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 tern shall act as mayor during the disability or
absence of the mayor and in this capacity shall have the rights conferred upon the
mayor.
A. Holding Other Office
Except where authorized by law, no mayor or councilmember shall hold any other
city office or city employment during his term as mayor or councilmember, and no
former mayor or councilmember shall hold any compensated appointive city
office or city employment until one (I) year after the expiration of his term as
mayor or councilmember.
SECTION 3.06 VACANCIES, FORFEITURE AND FILLING OF VACANCIES
B. Forfeiture
A councilmember or the mayor shall forfeit his office if he:
1. Lacks at any time during his term of office any qualifications for the office
prescribed by this charter or by law;
2. Violates any express prohibition of this article (see Section 3.08) or any other
provision of this charter;
3. Is convicted of a crime involving moral turpitude; or'
4. Fails to attend three (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.
B. Appointments and Removals
Neither the City Council nor any of its members shall in any manner dictate the
appointment or removal of any city administrative officer or employee that the
city manager or any of his subordinates are empowered to appoint, but the City
Council, at a meeting called for that purpose, may express its views and fully and
freely discuss with the city manager anything pertaining to appointment or hire
and removal of such officers and employees.
A. Vacancies
The office of a councilmember or office of the mayor shall become vacant upon
his death, acceptance of resignation by the City Council, removal from office in
any manner authorized by law or forfeiture of his office.
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
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 fill 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 within fifteen (15) days from the
occurrence of the vacancy or vacancies, to be held on the next election date
authorized by the Texas Election Code as it now exists or may hereafter be
amended, when such vacancy or vacancies shall be filled for the remainder of the
unexpired term, if any.
Any person appointed shall be qualified for the office as required by this charter.
Notwithstanding the requirements in this section and in Section 3.10, that a
quorum of the City Council consists of five (5) councilmembers, if at any time the
The City Council shall hold at least one (I) 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 ofthe City Council shall be held on the call of the mayor or a majority of the
city councilmembers.
SECTION 3.10 QUORUM
Five (5) council members of the City Council shall constitute a quorum for the
purpose of transaction of business, and no action of the City Council, except as
specifically provided in Section 3.06 of this charter, shall be valid or binding unless
adopted by an affirmative vote offour (4) or more members of the City Council unless
otherwise provided for by law.
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SECTION 3.11 CONFLICT OF INTEREST AND ABSTENTION
ordinance, may be suspended in cases of necessity by affirmative vote of at least a
majority of all the voting members of the council.
A. Conflict of Interest
Should any member of the council feel that he has a personal interest in any
agenda item then before the council, he shall openly declare such interest before
discussion proceeds and abstain from further participation in the matter. In such
event, the abstention shall not be considered a favorable vote upon any motion
concerning the matter. In the event such interest would constitute a conflict of
interest as defined in Article 988b, Vernon's Annotated Civil Statutes, as
amended, he shall comply with said statute and before vote or decision on the
matter, shall file with the city secretary the affidavit required by said statute stating
the nature and extent of the interest and shall abstain from further participation in
the matter. In such event, the abstention shall not be considered a favorable vote
upon any motion concerning the matter.
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 shall become effective after publication of its caption once in the
official newspaper of the city.
D. Reading
The reading aloud of a title 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.
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, his
vote shall be recorded as an affirmative vote in the official minutes of the City of
Coppell.
SECTION 3.14 AUTHENTICATION, RECORDING, CODIFICATION, PRINTING
AND DISTRIBUTION
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, except on procedural
motions, shall be by roll call called by the city secretary or person serving as city
secretary and shall be recorded in the minutes.
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 shall 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.
SECTION 3.12 RULES OF PROCEDURE
SECTION 3.13 PASSAGE OF ORDINANCES IN GENERAL
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, shall 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.
A. Form
The City Council shall legislate by ordinance only, and the enacting clause of every
ordinance shall be "Be it ordained by the City Council of the City of Coppell,
Texas." Each proposed ordinance shall be introduced 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. Procedure
Any member ofthe 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 at the city offices, at least forty-eight (48) hours prior to
the meeting at which it is to be considered. This rule, as applied to any specific
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.
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 ~nd other evidence material to the inquiry. The City Council shall
provide, by ordinance, penalties for contempt for failing or refusing to obey any such
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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.
manager shall not have, nor should this procedure be construed to grant to the
city manager, a property interest or right to continued employment.
ARTICLE 4
ADMINISTRATIVE SERVICES
D. Duties
The city manager shall be empowered to:
1. Appoint, and when he deems 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 shall promulgate such rules and regulations as
he may deem appropriate and necessary for the exercise of this authority;
2. Direct and supervise the administration of all departments, 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. Attend all City Council meetings and have the right to take part in discussions,
but he shall 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 he or the City Council deems desirable or necessary;
8. Make reports as he or the City Council may require concerning the operations
of the city departments, offices or agencies subject to his direction or
supervision; and
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.
SECTION 3.16 BOND
The City Council shall require bonds of all municipal officers and employees who
receive and / or payout 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.
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. He shall be chosen by
the City Council solely on the basis of his executive and administrative training,
experience and ability; and need not, when appointed, be a resident ofthe City of
Coppell, but each city manager chosen subsequent to the adoption ofthis 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 he is elected or
appointed and for one (I) year thereafter, be appointed city manager.
B. Compensation and Review
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.
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 his 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 his disability shall cease. The acting city manager shall be a qualified
administrative officer of the city at the time of his 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) affirmative votes to
declare such emergency.
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.
1. If within five (5) days after being notified of his termination and removal, the
city manager files a written request to the City Council requesting that his
termination be reconsidered, the City Council shall, as soon as practical, meet
with the city manager in executive session to review its decision to terminate.
2. After such review, after affording the city manager an opportunity to respond
to such initial decision to terminate, a new vote shall be taken with regard to
termination of the city manager.
3. At the request ofthe city manager, the review meeting shall be held open to the
public.
4. The city manager shall continue to receive his salary pending this final decision
of the council.
5. This procedure for a review meeting with the city manager shall not alter the
fact that the city manager serves at the pleasure ofthe City Council and the city
SECTION 4.02 POLICE DEPARTMENT
A. There shall be established and maintained a Department 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 office of the Department of
Police. He sha)l, 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
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city manager for the administration of his department and for the carrying out and
enforcement of the resolution and ordinances of the City Council. He may be
removed from office by the city manager.
competent, duly qualified, licensed attorney in the State of Texas. Thejudge ofthe
Municipal Court shall be appointed to a term of two (2) years, and may be
appointed to additional and consecutive terms upon completion of his 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 Council. The clerk and deputies, as employees of
the city, may be removed by the city manager.
The clerk of said court and his 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 alternate 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 ofthe disability or absence of the judge of the Municipal
Court, the alternate 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 4.03 FIRE DEPARTMENT
A. There shall be established and maintained a Fire Department to protect the city
and the property of its citizens from destruction by fire and conflagration.
B. The fire chief shall be the chief administrative officer of the Fire Department. He
shall appoint and remove the employees of said department, subject to the reveiw
of the city manager, and shall perform such other duties as may be required of
him. The fire chief shall be appointed by the city manager for an indefinite term.
The fire chief shall be fully responsible for carrying out enforcement of the
resolutions and ordinances of the City Council. He may be removed from office
by the city manager.
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.
B. The director of finance shall be the chief administrative officer of the Department
of Finance. He 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. He 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 of him. The director
of finance shall be appointed by the city manager for an indefinite term. The
director of finance shall be fully responsible for carrying out enforcement of the
resolutions and ordinances of the City Council. He may be removed from office
by the city manager.
SECTION 4.07 CITY ATTORNEY
The City Council shall upon recommendation of city manager, appoint an 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 his
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. He may be removed from office by the city manager with
ratification of the City Council.
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:
I. 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 Councilor city manager
on contracts, legal instruments and ordinances of the city.
D. Special Counsel
The City Council shall have the right to retain special counsel at any time that it
may deem necessary and appropriate.
E. Compensation
The city attorney shall receive compensation as may be determined by the City
Council. /
SECTION 4.05 CITY SECRETARY
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 Mtfnicipal Court, who shall be a
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F. Additional Attorneys
The city attorney, with approval of the City Council, may select additional
attorneys to act for him and the city in its representation and litigation.
G. 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 (I) member of said firm to serve as city attorney.
SECTION 4.08 DEPARTMENT OF HEALTH AND SANITATION
A. Appointment and Qualifications
The City Council shall appoint a city health officer, who shall be a licensed
physician qualified to practice medicine in the State of Texas, and mayor may not
be a resident of the City of Coppell.
B. Duties of Health Officer
The city health officer shall have those duties and obligations as set forth in Article
4430, Vernon's Annotated Civil Statutes, as it now exists or may hereafter be
amended.
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 their 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:
I. 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. Procedures providing due process for the hearing and adjudication of
grievances;
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
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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 service at any time that it may deem necessary and
appropriate.
E. Compensation
The city engineer shall receive compensation as may be determined by the City
Council.
F. Term City Engineer
The term "city engineer" may refer to an individual or firm.
SECTION 4.11 OTHER DEPARTMENTS
The City Council may abolish or consolidate such offices and departments as it may
deem to be in the best interest of the city; may divide and subdivide the administration
of any such departments as it may deem advisable; may create new departments; and
may discontinue any offices or departments at its discretion, except those specifically
established by this charter.
ARTICLE 5
NOMINATIONS AND ELECTIONS
SECTION 5.01 CITY ELECTIONS
A. Election Schedule
The regular city election will be held annually on the first Saturday in April. The
City Council shall be responsible for selection of places for holding such elections.
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 shall 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 ci4 Elections
All municipal elections shall be publicized In a manner consistent with the
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requirements of the present and all future amended editions ofthe Texas Election
Code.
SECTION 5.02 FILING FOR OFFICE AND ELIGIBILITY TO FILE
A. Each candidate for an elective office shall 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
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 Section 11.15.
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 (I) 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. Absentee Ballots
Procedure for voting by absentee 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 of Texas Election Code.
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 him as watchers and challengers at each polling place
where voters may cast their ballots for him. 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.
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SECTION 5.05 CANV ASSING
The returns of every municipal election shall be delivered from the election judges to
the city secretary at city hall as soon as practical. One (I) extra copy shall be delivered
to the mayor at this time. The City Council shall convass the returns in sufficient time
but not later than the time provided for in the Texas Election Code, 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 the regular or special election or if there is a tie for first place, a run-off
election shall be held not less than fourteen (14) nor more than twenty-one (21) days
following the preceding regular or special election.
SECTION 5.08 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
conduction of an election, then those provisions of the Texas Election Code then
existing shall prevail.
ARTICLE 6
LEGISLA TlON BY THE PEOPLE:
INITIA TlVE, 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 ordinances 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 poweJ/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.
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Grounds for removal of any member of the City Council, whether elected to office by
the qualified voters or appointed by the City Council to fill a vacancy, shall be
incompetency, non-compliance with this charter, misconduct or malfeasance in
office.
SECTION 6.02 PETITIONERS' COMMITTEE
Any group of qualified voters equal to ten percent (10%) of the number of ballots cast
in the last regular municipal election, but not less than 100, 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
preparing, 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.
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 filed and shall inform the officer(s) of
its statement of grounds.
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 his office 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
(I) instrument for filing. Each signer of a petition shall be a qualified voter of the City
of Coppell. Each signer shall personally sign his own name thereto in ink or indelible
pencil, and shall write after his name his 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 his voter registration number and the day, the month and the year his
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 he is charged.
Each paper of a petition shall have attached to it when filed, an affidavit executed by
the circulator thereof stating that he 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 twenty-five percent (25%) of the qualified
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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.
B. A petition to the City Council for initiative or referendum containing the
signatures of qualified voters equal in number to no fewer than fifteen percent
(15%) ofthe 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.
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SECTION 6.06 CERTIFICATION OF PETITIONS AND PRESENT A TlON 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 mail.
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.
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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 Sections 3 and 4 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 final 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 if
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 him 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 receivi~ such request for a public hearing.
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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 fails 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 first 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.
I. Such withdrawal is agreed 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 Section 6.05
of this article.
SECTION 6.08 ACTION ON INITIATIVE AND REFERENDUM PETITIONS
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 Section 6.13 of this
article, recall procedures successfully withdrawn shall be considered as never having
been initiated.
SECTION 6.11 FORM OF BALLOTS
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 first 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 hearing, if one was held. Any election order so issued shall
comply fully with the Texas Election Code.
Ordinances shall be submitted by ballot title, which shall be prepared in all cases by
the city attorney. The ballot title 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 (I) above
the other, in the order:
"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 his 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
recall?"
SECTION 6.09 CALLING OF RECALL ELECTION
SECTION 6.10 WITHDRAWAL OF PETITIONS
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:
I. Prior to being determined sufficient, a petition may be withdrawn by filing
with the city secretary a request for withdrawal, signed by at least fifty percent
(50%) of the members of the petitioners' committee; and
2. The total number of signatures on the circulated petitions is less than fifty
percent (50%) of the req uired num ber of signatures as provided in Section 6.05
of this article.
Immediately below each such question there shall be printed the two (2) following
statements, one (I) above the other, in the order:
"For the removal of
"Against the removal of
by recall"
by recall"
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.
Immediately to the left of such statement shall appear a square in which the voter may
cast his 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 modiiied to permit use of such voting machines.
SECTION 6.12 RESULTS OF ELECTION
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:
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 releiving the greatest number of affirmative votes shall prevail.
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An ordinance adopted by initiative may be repealed or amended at any time after the
expiration of two (2) years by a vote of not less than five (5) members of the City
Council, or any time after the expiration of five (5) years by an affirmative vote offour
or more city councilmembers.
If a majority of the qualified electors voting on a referred ordinance vote against the
ordinance, it shaU 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.
An ordinance repealed by referendum may be reenacted at any time after the
expiration of two (2) years by a vote of not less than five (5) of the City Councilor at
any time after the expiration offive (5) years by an affirmative vote of four or more
city councilmembers.
If a majority of the votes cast on the question of recaU at the recaU election shaU be
against the removal of the elected official named on the baUot, he shaU continue in
office for the remainder of his unexpired term, subject to recaU as before within the
limitations of Section 6.13 below. If a majority of the votes cast on the question of
recaU at a recaU election shaU be for the removal ofthe elected official named on the
baUot, he shaU, regardless of any technical defects in the recaU petition, be deemed
removed from office and the vacancy shaU be fiUed in accordance with the provisions
of this charter for the fiUing of vacancies.
ARTICLE 7
MUNICIPAL FINANCE
SECTION 7.01 FISCAL YEAR
The fiscal year of the city shaU begin on the first day of each October and end on the
last day of September of the succeeding year. AU funds coUected by the city during
any fiscal year, including both current and delinquent revenues, shaU 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
uncoUected at the end of any fiscal year and any unencumbered funds actuaUy on
hand shaU 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 shaU 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 shaU hold the required public hearings on and review the proposed
budget and make any appropriate changes prior to adopting the final budget.
SECTION 6.13 LIMITATIONS AND RESTRICTIONS
SECTION 7.03 BUDGET
No recaU petition shaU be filed against any officer of the City of CoppeU within ninety
(90) days after his election or appointment, nor within ninety (90) days of such a
petition being filed and found insufficient, nor within one (I) year after an election for
such officer's recall.
In no instance shaU an officer removed from office by recaU election succeed himself,
nor shall his name appear on a baUot for elective office of the City of CoppeU within a
period of five (5) years foUowing the date of the election at which he was removed
from office.
Unless successfuUy withdrawn, no petition shall again be filed on a proposed or
referred ordinance of substantiaUy 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.
A. Content
The budget shaU provide a complete financial plan of all city funds and activities
and, except as required by law or this charter, shaU 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 terms and in terms of the work programs shaU
be submitted with the budget. It shaU 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, expendi-
tures 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 shaU show in detail aU estimated income, indicating the proposed property tax
levy, and aU proposed expenditures, including debt service, for the ensuing fiscal
year. The proposed budget expenditures shaU not exceed the total of estimated
income and unencumbered funds from previous years. The budget message shaU
be so arranged as to show comparative figures for actual and estimated income
and expenditures of the current fiscal year and actual income and expenditures of
the preceding fiscal year, compared to the estimate for the budgeted year. The
budget shaU include in separate sections:
I. 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 aU estimated income of the city from surplus,
misceUaneous income and taxes, with miscellaneous income sub-classified by
source;
4. Tax levies, rates and collections for the preceding three (3) years;
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5. An itemized statement for pending and proposed new capital projects,
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
fail or refuse to receive an initiative, referendum or recall petition, or order such
initative, referendum or recaU 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 DaUas County, Texas, shaU 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 recaU carried out by the proper official.
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II
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 department, 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 five percent (5%) of the proposed
expenditures for the major operating funds; and
II. Such other information as is required by City Councilor deemed desirable by
the city manager.
SECTION 7.04 AMENDMENTS AFTER ADOPTION
I. 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 hearing on the budget, as required by law.
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 anytime 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.
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, he
shall report to the City Council indicating the estimated amount of deficit, any
remedial action taken by him and his 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 part 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 department, 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 transfer of
appropriations authorized by this section shall be made effective immediately
upon adoption of the appropriate ordinance or budget amendments.
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:
C. City Council Action
I. 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.
SECTION 7.05 CAPITAL PROGRAM
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 shall 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.
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.
The above information may be revised and extended each year with regard to capital
improvements still pending or in the process of construction or acquisition.
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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.
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, in such cases as he is 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 Councilor may be declared by the City
Council.
SECTION 7.06 PUBLIC RECORDS
Copies of the budget and the capital program, as adopted and amended shall be made
available at the public library for on-site inspection and use.
SECTION 7.07 LAPSE OF APPROPRIATIONS
SECTION 7.10 ADMINISTRATION OF BUDGET
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 ~ate increase is anticipated for the purpose of paying the
principal and interest on the bonds and to create 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 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.
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 his 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 he 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 7.08 BORROWING
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 7.09 PURCHASING
SECTION 7.13 INDEPENDENT AUDIT
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
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 financial affairs of the city or
any of its officers. Upon completion of the audit, the summary thereof shall be
published immedi~ely 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.
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ARTICLE 8
BOARDS AND COMMISSIONS
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 ofthe 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 ofthe 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 and Commissions
The City Council shall have the power and is hereby authorized to create, abolish,
establish and appoint such other boards, commissions and commitees 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.
F. Appointment of Boards and Commissions
All boards and commissions of the city in existence at the adoption of this charter
shall continue to function as established until September 30, 1986, at which time
the 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. At such time the City Council shall provide a method by
which the members of such boards and commissions shall serve staggered two-
year terms commencing the first of October. Each year thereafter the City Council
shall make its appointments to all boards and commissions during the month of
Septem ber. In the event a vacancy is created on any board or commission required
by this charter, the City Council shall fill such vacancy within thirty (30) days from
the date of the vacancy. Said appointee shall serve the remainder ofthe term of the
office vacated.
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 this 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.
Individuals may be appointed to serve on more than one (I) board, commission or
committee. The City Council may, by ordinance, consolidate the functions of the
various boards, commissions or committees enumerated in this article.
SECTION 8.02 QUALIFICATIONS
Members of all commissions shall 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
ths article.
SECTION 8.03 BOARDS AND COMMISSIONS 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 Article 9 of 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-year terms 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 shall meet
at the call of the chairman or at the request of the City Council. The city manager
shall 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 shall meet at the call of the chairman or
at the request of the City Council. The city manager shall appoint a staff
representative to the board.
D. Zoning Board of Adjustments
The City Council shall appoint a Zoning Board of Adjustments of five (5)
members and two (2) alternate members who shall serve in accordance with
Article IOllg, Vernon's Annotated Civil Statutes. Members of the board shall be
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, committee or other body except from decisions of the Zoning Board
of Adjustments. Such appeals shall be perfected by filing a sworn notice of appeal
with the 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 first must be perfected to the City Council.
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 anI proceedings held and shall submit a written report of such
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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 appomtlve
position with the city shall be appointed to any board, commision or committee
created or established by this charter other than in an advisory capacity.
F. Rules and Regulations
All boards, commisions and committees established or created by this charter
shall set out their own rules and regulations for operation thereof unless
specifically prescribed by the laws ofthe State of Texas, this charter or ordinance.
Ordinances creating any board, commission or committee shall provide that if any
member is absent from three (3) consecutive meetings, his position shall be
declared vacant and the vacancy shall be filled for the remainder of the unexpired
term by the City Council within thirty (30) days after the vacancy occurs.
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;
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 provide for capital improvements of the city with or without the
required financial participation or approval of property owners adjacent to the
improvements.
SECTION 9.02 PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission heretofore established by the city shall
continue to operate as the Planning and Zoning Commission ofthe city until the time
established by this charter for the appointment of all boards and commissions in
September of 1986, at which time the City Council shall appoint a Planning and
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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 charter and the ordinances of the city.
A. Organization and Qualifications
I. 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. Council shall, by ordinance, provide a method by which the members
of said commissions shall 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 first regular meeting following the annual
appointment of new members. The commission shall meet not less than once
each month. In the event a vacancy is created on the commission, the City
Council shall fill such vacancy as provided for in Section 8.03 of 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 quorum. 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
Planning and Zoning Commission that a proposed amendment, supplement
or change to the zoning ordinance of the city be denied.
B. Duties and Powers of the Planning and Zoning Commission
The Planning and Zoning Commission shall:
I. 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, not less than every five (5) years,
amendments to the master plan;
3. Receive and review all platting and subdivision proposals and make
recommendations to the City Council for appropriate action; 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.
ARTICLE 10
PUBLIC UTILITIES, FRANCHISES AND LICENSES
SECTION 10.01 POWER'S OF THE CITY
The city has the power to buy, own, sell, construct, lease, maintain, operate and
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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 the final adoption. Within fifteen (15)
days following the first reading of the ordinance, a summary ofthe ordinance shall be
published one (I) time in the official newspaper of the city with the expense of such
publication borne by the prospective franchisee. No franchise shall be exclusive.
SECTION 10.04 TRANSFER OF FRANCHISE
No public service franchise is tranferable, 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:
A. To repeal the franchise by ordinance, only after due notice and hearing, for failure
to begin construction 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
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ARTICLE 1
FORM OF GOVERNMENT AND BOUNDARIES
SECTION 1.01 FORM OF GOVERNMENT
The municipal government provided by this charter, shall be known as the "Council-
Manager Government." Pursuant to its provisions and subject only to the limitations
imposed by the 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 shaH 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 Article 970a, Vernon's
Annotated Civil Statutes as presently written or hereafter amended.
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 I or the owners of the territory annexed in accordance with the
provisions of Article 970a, V.A.C.S.
B. Annexation of Lands on Petition of Owners
The owner or owners ofland 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 ofthe corporate limits of the
city in accordance with Article 970a, V. A.c. S.
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
T.he City Cou~cil may, when it deems appropriate or in the best interest of the city,
dls-annex terrItory whlt1J has previously been a part of the incorporated city limits of
the City of Coppell.
ARTICLE 2
POWERS OF THE CITY
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 outlining 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 charter 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;
L. To require City Council approval of all rates, rate schedules and amendments
thereto of utilites 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 ofthe
original grant and terminable at the same time and under the same conditions as
the original grants.
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 all 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 taxation; may borrow money on the faith and credit 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 charter, the city may
exercise and shall have all municipal powers, functions, rights, privileges,
authorities and immunities, of every name and nature whatsoever.
SECTION 10.07 CITY-OWNED PUBLIC SERVICES
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. The City of Coppell shall have and may exercise all the powers
enumerated in Article 1175, Chapter 13, Title 28, of the Revised Civil Statutes of the
State of Texas of 1925, as now, or hereafter amended.
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 2.02 GENERAL POWERS ADOPTED
SECTION 10.08 REGULATIONS OF RA TES
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.
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 hearing 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 'fly the City Council.
SECTION 2.03 EMINENT DOMAIN
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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.
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 or any city councilmember or the city manager shall be
employed or appointed to any position of the city. This does not apply to any person
continuously employed for two (2) years prior to the election or appointment of the
person related in the above degrees.
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.
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 be financially interested, directly or indirectly, in
the sale to the city of any land, materials, supplies or service, except on behalf of the
city as an officer or employee. 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 with the
knowledge, expressed or implied, of the person or corporation contracting with the
City Council shall render the contract involved void.
SECTION 11.06 CONFLICT OF INTEREST
An employee or professional consultant of the city shall not:
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A. Accept other employment or engage in outside activities incompatible with the
proper discharge of his duties and responsibilities with the city, or which might
impair his independent judgment in the performance of his duty to the city; nor
B. Personally provide services for compensation, directly or indirectly, to a person or
organization who is requesting an approval, investigation or determination from
the city.
SECTION 11.07 ASSIGNMENT, EXECUTION AND GARNISHMENT
The property, real and personal, belonging to the city shall not be liable to be sold or
appropriated under any writ or execution of 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 federal 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 required by law.
SECTION 11.09 DAMAGE SUITS
Before the city shall be liable for any claim for damages for the death or personal
injuries of any person or for damages to property, the complainant or his authorized
representative shall notify the city secretary. The notification shall be in writing and
shall state specifically how, when and where the death, injury or damage occurred; the
amount of loss claimed; and the identity of any witnesses upon whom it has relied to
establish the claim. The notification shall be filed within forty-five (45) days of the
date of injury or damage or, in the case of death, within forty-five (45) days of the date
of death. The failure to so notify the city within the time and manner specified shall
exonerate, excuse and exempt the city from any liability whatsoever. No action at law
shall be brought against the city until at least sixty (60) days have elapsed following
the date of notification.
SECTION 11.10 POWER 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
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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 codes of ordinances shall be admitted in evidence in any suit, and shall
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have the same force and effect as the original ordinance. Certified copies of
ordinances may also be used in evidence.
SECTION ll.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 ofthe 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 Tcxas, 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 shall 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.
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 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 ll.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 ll.l7 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 ll.18 EMERGENCY POWERS OF THE MA YOR
Whenever it shall come to the knowledge of the mayor or his designee 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, he 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.
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SECTION ll.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 part of a section of this charter.
SECTION 11.20 EFFECT ON EXISTING LA WS
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, shall 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 ll.22 GENDER OF WORDING
The masculine gender of the wording throughout this charter shall always be
interpreted to mean either sex.
SECTION ll.23 AMENDMENT OF CHARTER
Amendments to this charter may be framed and submitted to the qualified voters of
the city in the mahner provided by Article 1170, Vernon's Annotated Civil Statutes,
as now or hereafter amended.
SECTION ll.24 SUBMISSION OF CHARTER TO VOTERS
This charter is so constructed that in order to enable it to work and function, it is
necessary that it be adopted in its entirety. Thus, the charter commission directs that it
be voted upon 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 qualified voter of Coppell as appears on the latest list of registered
voters. If a majority of the qualified voters voting in such election vote in favor of the
adoption of this charter, it shall become the charter of the City of Coppell. A copy of
said charter, authenticated by the signature ofthe mayor and the seal of the city, shall
be forwarded to the secretary ofthe State of Texas and shall show the approval of this
charter by majority vote of the qualified voters voting at such election.
SECTION ll.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 shall
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.
SECTION ll.26 SCHEDULE OF TRANSITION
A. This charter shalll.ake effect immediately following adoption by the voters and
entry of an official order by the City Council declaring the same adopted.
B. Upon the adoption ofthis charter, the present members of the City Council filling
elective offices will continue to fill those offices for the terms in which they were
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elected. Thereafter, the City Council shall be elected as provided in this charter.
Persons, who, on the date this charter is adopted, are filling appointive positions
with the City of Coppell which are retained under this charter, may continue to fill
these positions for the term for which they were appointed, unless removed by the
City Councilor by other means provided for in this charter.
ARTICLE 12
ADOPTION OF CHARTER
SECTION 12.01 PROCEDURE
A. This c.harter s~all ~e submitted to the qualified voters of 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 election shall vote in favor of the adoption of this
charter, it s.hall then immediately become the governing law of the City of Coppell,
Texas, until amended or repealed.
B. It being impractical to submit this charter by sections, it is hereby prescribed that
the form of ballot to be used in such election shall be as follows, to wit:
"For the adoption of the charter"
"Against the adoption of the charter"
C. The present City Council of the City of Coppell shall call an election in accordance
with the provisions ofthe general laws ofthe state governing such elections, and
the same shall be conducted and the returns made and results declared as provided
by the laws ~f the State of Texas governing municipal elections, and in case a
majority ofthe votes cast at such election shall be in favor ofthe adoption of such
charter, then an official order shall be entered upon the records of said city by the
City Council of Coppell declaring the same adopted and the city secretary shall
record at length upon the records of the city, in a separate book to be kept in his
office for such purpose, such charter as adopted, and such secretary shall furnish
to th~ mayor a copy of charter which shall be forwarded by the mayor as soon as
pra~tlcable, to ~he secretary of state under the seal of the city together with a
certificate showmg the approval of the qualified voters of such charter.
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Respectfully submitted to the City Council of the City of Coppell for the purpose of
calling an election on the question of adoption of the Home Rule Charter on this the
10th day of December, 1985. This proposed charter represents the recommendation
of the Citizens' Charter Commission whose membership is listed below.
RICHARD LEE, Chairman
PEYTON WEAVER, Vice Chairman
MARK WOLFE
DONNA KNOX
LEWIS O. PADGETT, III
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TED S. FULMER
ANDY L. NORTON
KEITH WOMACK
JOHN B. McCALL
MARSHA TUNNELL
TOM MORTON
MARTHA JO MOORE COZBY
CHARLES W. HYMAN
ELLEN L. FUGETT
RALPH SEELEY
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LINDA LEE GRAD, Secreatary
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