Home Rule Charter 2001 PrintingHOME 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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TABLE OF CONTENTS
ARTICLE 1 - FORM OF GOVERNMENT AND BOUNDARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . (1)
SECTION 1.01 FORM OF GOVERNMENT. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1)
SECTION 1.02 THE BOUNDARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1)
SECTION 1.03 EXTENSION OF BOUNDARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1)
SECTION 1.04 CONTRACTION OF BOUNDARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2)
ARTICLE 2 - POWERS OF THE CITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2)
SECTION 2.01 GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2)
SECTION 2.02 GENERAL POWERS ADOPTED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3)
SECTION 2.03 EMINENT DOMAIN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3)
ARTICLE 3 - CITY COUNCIL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3)
SECTION 3.01 NUMBER, SELECTION AND TERM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3)
SECTION 3.02 QUALIFICATION OF MEMBERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4)
SECTION 3.03 JUDGE OF ELECTIONS AND QUALIFICATIONS. . . . . . . . . . . . . . . . . . (4)
SECTION 3.04 COMPENSATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4)
SECTION 3.05 MAYOR AND MAYOR PRO TEM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4)
SECTION 3.06 VACANCIES, FORFEITURE AND FILLING OF VACANCIES. . . . . . . . (4)
SECTION 3.07 POWERS OF THE CITY COUNCIL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5)
SECTION 3.08 PROHIBITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6)
SECTION 3.09 MEETINGS OF THE CITY COUNCIL. . . . . . . . . . . . . . . . . . . . . . . . . . . . (6)
SECTION 3.10 QUORUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6)
SECTION 3.11 CONFLICT OF INTEREST AND ABSTENTION. . . . . . . . . . . . . . . . . . . . (6)
SECTION 3.12 RULES OF PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7)
SECTION 3.13 PASSAGE OF ORDINANCES IN GENERAL. . . . . . . . . . . . . . . . . . . . . . . (7)
SECTION 3.14 AUTHENTICATION, RECORDING, CODIFICATION, PRINTING
AND DISTRIBUTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8)
SECTION 3.15 INVESTIGATIONS BY THE CITY COUNCIL. . . . . . . . . . . . . . . . . . . . . . (8)
SECTION 3.16 BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9)
ARTICLE 4- ADMINISTRATIVE SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9)
SECTION 4.01 CITY MANAGER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9)
SECTION 4.02 POLICE DEPARTMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10)
SECTION 4.03 FIRE DEPARTMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11)
SECTION 4.04 FINANCE DEPARTMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11)
SECTION 4.05 CITY SECRETARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11)
SECTION 4.06 MUNICIPAL COURT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12)
SECTION 4.07 CITY ATTORNEY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (12)
SECTION 4.08 DEPARTMENT OF HEALTH AND SANITATION. . . . . . . . . . . . . . . . . (13)
SECTION 4.09 PERSONNEL SYSTEM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13)
SECTION 4.10 CITY ENGINEER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (14)
SECTION 4.11 OTHER DEPARTMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15)
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ARTICLE 5- NOMINATIONS AND ELECTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15)
SECTION 5.01 CITY ELECTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (15)
SECTION 5.02 FILING FOR OFFICE AND ELIGIBILITY TO FILE. . . . . . . . . . . . . . . . (16)
SECTION 5.03 OFFICIAL BALLOTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (16)
SECTION 5.04 WATCHERS AND CHALLENGERS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (17)
SECTION 5.05 CANVASSING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (17)
SECTION 5.06 ELECTION BY MAJORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (17)
SECTION 5.07 RUN-OFF ELECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (17)
SECTION 5.08 OATH OF OFFICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (17)
SECTION 5.09 EXCEPTION OF ELECTION CODE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (18)
ARTICLE 6- LEGISLATION BY THE PEOPLE: INITIATIVE, REFERENDUM, AND RECALL. (18)
SECTION 6.01 GENERAL AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (18)
SECTION 6.02 PETITIONERS' COMMITTEE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (18)
SECTION 6.03 PETITION CIRCULATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (19)
SECTION 6.04 FORM OF PETITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (19)
SECTION 6.05 PRESENTATION OF PETITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (19)
SECTION 6.06 CERTIFICATION OF PETITIONS AND PRESENTATION TO
THE CITY COUNCIL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (20)
SECTION 6.07 PUBLIC HEARING ON RECALL OF OFFICERS. . . . . . . . . . . . . . . . . . (20)
SECTION 6.08 ACTION ON INITIATIVE AND REFERENDUM PETITIONS. . . . . . . . (21)
SECTION 6.09 CALLING OF RECALL ELECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (21)
SECTION 6.10 WITHDRAWAL OF PETITION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (21)
SECTION 6.11 FORM OF BALLOTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (22)
SECTION 6.12 RESULTS OF ELECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (23)
SECTION 6.13 LIMITATIONS AND RESTRICTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . (23)
SECTION 6.14 FAILURE OF CITY COUNCIL TO CALL AN ELECTION. . . . . . . . . . . (24)
ARTICLE 7 - MUNICIPAL FINANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (24)
SECTION 7.01 FISCAL YEAR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (24)
SECTION 7.02 SUBMISSION OF BUDGET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (24)
SECTION 7.03 BUDGET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (24)
SECTION 7.04 AMENDMENTS AFTER ADOPTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . (26)
SECTION 7.05 CAPITAL PROGRAM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (27)
SECTION 7.06 PUBLIC RECORDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (27)
SECTION 7.07 LAPSE OF APPROPRIATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (28)
SECTION 7.08 BORROWING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (28)
SECTION 7.09 PURCHASING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (28)
SECTION 7.10 ADMINISTRATION OF BUDGET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (29)
SECTION 7.11 DEPOSITORY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (29)
SECTION 7.12 FINANCIAL REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (29)
SECTION 7.13 INDEPENDENT AUDIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (29)
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ARTICLE 8- BOARDS AND COMMISSIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (30)
SECTION 8.01 AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (30)
SECTION 8.02 QUALIFICATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (30)
SECTION 8.03 GENERAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (30)
ARTICLE 9- PLANNING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(31)
SECTION 9.01 POWERS OF THE CITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (31)
ARTICLE 10- PUBLIC UTILITIES, FRANCHISES AND LICENSES. . . . . . . . . . . . . . . . . . . . . . . (32)
SECTION 10.01 POWERS OF THE CITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (32)
SECTION 10.02 POWER TO GRANT FRANCHISE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (32)
SECTION 10.03 ORDINANCE GRANTING FRANCHISE. . . . . . . . . . . . . . . . . . . . . . . . . (32)
SECTION 10.04 TRANSFER OF FRANCHISE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (33)
SECTION 10.05 FRANCHISE VALUE NOT TO BE ALLOWED. . . . . . . . . . . . . . . . . . . . (33)
SECTION 10.06 RIGHT OF REGULATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (33)
SECTION 10.07 CITY OWNED PUBLIC SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (34)
SECTION 10.08 REGULATION OF RATES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (34)
SECTION 10.09 EXISTING FRANCHISES AND OTHER CONDITIONS. . . . . . . . . . . . . (35)
ARTICLE 11- GENERAL AND TRANSITIONAL PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . (35)
SECTION 11.01 PUBLICITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (35)
SECTION 11.02 OFFICIAL NEWSPAPER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (35)
SECTION 11.03 NEPOTISM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (35)
SECTION 11.04 OATH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (35)
SECTION 11.05 PERSONAL FINANCIAL INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . (36)
SECTION 11.06 CONFLICT OF INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (36)
SECTION 11.07 ASSIGNMENT, EXECUTION AND GARNISHMENT. . . . . . . . . . . . . . (36)
SECTION 11.08 SECURITY AND BOND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (36)
SECTION 11.09 DAMAGE SUITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (36)
SECTION 11.10 POWER TO SETTLE CLAIMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (37)
SECTION 11.11 SERVICES OF PROCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (37)
SECTION 11.12 PLEADING ORDINANCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (37)
SECTION 11.13 CONSTRUCTION OF CHARTER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (37)
SECTION 11.14 JUDICIAL NOTICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (37)
SECTION 11.15 PERSONS INDEBTED TO THE CITY SHALL NOT HOLD
OFFICE OR EMPLOYMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (38)
SECTION 11.16 LIBRARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (38)
SECTION 11.17 PARKS AND RECREATIONAL FACILITIES. . . . . . . . . . . . . . . . . . . . . (38)
SECTION 11.18 EMERGENCY POWERS OF THE MAYOR. . . . . . . . . . . . . . . . . . . . . . . (38)
SECTION 11.19 SEVERABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (38)
SECTION 11.20 EFFECT ON EXISTING LAWS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (39)
SECTION 11.21 CITY DEFINED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (39)
SECTION 11.22 RESERVED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (39)
SECTION 11.23 AMENDMENT OF CHARTER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (39)
SECTION 11.24 RESERVED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (39)
SECTION 11.25 REARRANGING AND RENUMBERING. . . . . . . . . . . . . . . . . . . . . . . . . (39)
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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 “Council Manager
Government.” Pursuant to its provisions and subject only to the limitations imposed by the state
constitution, the statutes of this state and by this charter, all powers of the city shall be vested in
an elective council, hereinafter referred to as the “City Council”: which shall enact local
legislation, adopt budgets, determine policies and appoint the city manager, who in turn shall be
held responsible to the City Council for the execution of the laws and the administration of the
government of the city. All powers of the city shall be exercised in the manner prescribed by this
charter, or if not prescribed, then in such manner as may be prescribed by ordinance, by the state
constitution or by the statutes of the State of Texas.
SECTION 1.02 THE BOUNDARIES
The inhabitants of the City of Coppell, Texas, residing within its corporate limits as heretofore or
hereafter established, are hereby constituted and shall continue to be a municipal body politic
and corporate, in perpetuity, under the name of the “City of Coppell” with such powers,
privileges, rights, duties, authorities and immunities, as are herein provided.
SECTION 1.03 EXTENSION OF BOUNDARIES
The boundaries of the City of Coppell, Texas, may be enlarged and extended by the annexation
of additional territory in accordance with the provisions of State law.
A. Extending Boundaries by Action of the City Council
The City Council, by ordinance, shall have the power to annex additional territory
adjacent to and contiguous with the city limits, with or without the consent of the
residents and/or the owners of the territory annexed in accordance with the provisions of
State law.
Annexation of Lands on Petition of Owners
B.
The owner or owners of land contiguous with and adjacent to the city limits may, by
petition in writing to the City Council, request said land be annexed into the city. The City
Council may grant or refuse the petition. If the City Council grants the petition, it shall, by
ordinance, annex said land as part of the corporate limits of the city in accordance with
the provisions of State law.
Annexation by any Other Method Provided by Law
C.
Additional territory may also be annexed into the city in any manner and by procedure
now or hereafter provided by law.
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SECTION 1.04 CONTRACTION OF BOUNDARIES
The City Council may, when it deems appropriate or in the best interest of the city, dis-annex
territory which has previously been a part of the incorporated city limits of the City of Coppell.
ARTICLE 2
POWERS OF THE CITY
SECTION 2.01 GENERAL
A.
The City of Coppell may use a corporate seal; may sue and be sued; may contract and be
contracted with; may implead and be impleaded in all courts in all matters whatsoever;
may cooperate with the government of the State of Texas or any agency thereof, the
federal government or any agency thereof, or any political subdivision of the State of
Texas; and shall have 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.
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SECTION 2.02 GENERAL POWERS ADOPTED
The enumeration of the particular powers of this charter shall not be held or deemed to be
exclusive, but in addition to the powers enumerated herein or implied hereby or appropriate to
the exercise of such powers, the city shall have and may exercise all powers of local self-
government and all other powers which, under the constitution and laws of the State of Texas, it
would be competent for this charter specifically to enumerate.
SECTION 2.03 EMINENT DOMAIN
The city shall have the full power, authority and right to exercise the power of eminent domain
when necessary or desirable to carry out any of the powers conferred upon it by this charter, or
by the constitution and laws of the State of Texas. The city may exercise the power of eminent
domain in any manner authorized or permitted by the constitution and laws of this state. The
power of eminent domain hereby conferred shall include the right of the city to take the fee in
land so condemned, and such power and authority shall include the right to condemn public
property for such purposes. The city shall have and possess the right and power of condemnation
for any and all municipal or public purposes even though not specifically enumerated in this
charter.
ARTICLE 3
THE CITY COUNCIL
SECTION 3.01 NUMBER, SELECTION AND TERM
The legislative and governing body of the city shall consist of a mayor and seven
councilmembers and shall be known as the “City Council of the City of Coppell, Texas.”
A.
The mayor and councilmembers shall be elected by the qualified voters of the city at
large, each of whom, unless sooner removed by the provisions of this charter, shall serve
for a term of three-years or until their successors have been duly elected and qualified.
All members of the City Council, other than the mayor, shall be elected under the place
system, such positions being numbered as Places 1 through 7. (Amended August 2001)
B.
Commencing with the regular municipal election of 2002 councilmembers for Places 1, 3,
5, and 7 shall be elected for a term of three (3) years. Commencing with the regular
municipal election of 2003 councilmembers for Places 2, 4, 6 and the mayor shall be
elected for a term of three (3) years. (Amended August 2001)
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SECTION 3.02 QUALIFICATION OF MEMBERS
In addition to any other qualifications prescribed by law, the mayor and each councilmember
shall meet the conditions of this charter, while in office, and shall reside within the city limits
while in 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 such
position.
SECTION 3.03 JUDGE OF ELECTIONS AND QUALIFICATIONS
The City Council shall be the final judge of all elections and of qualifications of its members.
SECTION 3.04 COMPENSATION
The mayor and members of the City Council of Coppell shall serve without pay or
compensation; provided, however, that they shall be entitled to reimbursement of and for
necessary expenses incurred in the performance of their official duties.
SECTION 3.05 MAYOR AND MAYOR PRO TEM
The mayor shall be recognized as the official head of the city government for all ceremonial
purposes and by the governor for purposes of military law but shall have no administrative
duties. The mayor shall be the chairman and shall preside at all meetings of the City Council.
The mayor shall vote only in a case of a tie on all propositions before the City Council, but shall
have no power to veto. The city manager shall sign and execute for and on behalf of the city all
contracts and agreements approved by the City Council and when the city manager is not
available the acting city manager or mayor may sign and execute such contracts and agreements
which have been approved by the City Council. The mayor shall, when authorized by the City
Council, sign any official document such as ordinances, resolutions, conveyances, grant
agreements, official plats, contracts and bonds.
The mayor pro tem shall be a councilmember elected by the City Council at the first regular City
Council meeting following either each regular city election or run-off election if such occurs.
The mayor pro tem shall act as mayor during the disability or absence of the mayor and in this
capacity shall have the rights conferred upon the mayor.
SECTION 3.06 VACANCIES, FORFEITURE AND FILLING OF VACANCIES
A. Vacancies
The office of a councilmember or office of the mayor shall become vacant upon such
person’s death, acceptance of a resignation by the City Council, removal from office in
any manner authorized by law or forfeiture of office.
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B. Forfeiture
A member of the City Council shall forfeit his or her office if such person:
1. During his or her term of office lacks any qualification at any time for the office
prescribed by this charter or by law;
2. Violates any express prohibition of this charter;
3. Is convicted of a crime involving moral turpitude; or
4. 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.
C. Filling of Vacancies
In the event a vacancy occurs in the office of Mayor or Councilmember, a special election
shall be called for the earliest date permitted by state law for the purpose of filling such
position for the remainder of the unexpired term. All vacancies filled by special election
shall be for the remainder of the unexpired term of the office so filled. (Amended August
2001)
If one or more vacancies shall occur ninety (90) days or more before a regular city
election, a special election shall be called for the next available uniform election date to
fill the vacancy or vacancies, when such vacancy or vacancies shall be filled for the
remainder of the unexpired term, if any. (Amended November 1995)
Any person appointed shall be qualified for the office as required by this charter.
Notwithstanding the requirement that a quorum of the City Council consists of five (5)
councilmembers, if at any time the membership of the City Council is reduced to less
than five (5) councilmembers, the remaining members may, by majority action, appoint
additional councilmembers to raise the membership to five (5). These appointees shall
serve until the positions can be filled at the next regular or special city election. All
vacancies filled by election shall be for the remainder of the unexpired term of the office
so filled.
SECTION 3.07 POWERS OF THE CITY COUNCIL
All powers of the city shall be vested in the City Council, except as otherwise provided by law or
this charter. The City Council shall provide for the exercise thereof and the performance of all
duties and obligations imposed upon the city by law.
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SECTION 3.08 PROHIBITIONS
A. Holding Other Office
Except where authorized by law, members of the City Council shall not hold any other city
office or city employment during their terms, and no former member of the City Council
shall hold any compensated appointive city office or city employment until one (1) year
after the expiration of his or her term as a member of the City Council.
B. Appointments and Removals
Neither the City Council nor any of its members shall in any manner dictate the
appointment or removal of any city administrative officer or employee that the city
manager or any subordinates are empowered to appoint. (Amended November 1995)
C. Interference with Administration
Except for the purpose of inquiry and investigation as provided by this charter, the City
Council and its members shall deal with city officers and employees who are subject to
the direction and supervision of the city manager solely through the city manager, and
neither the City Council nor its members shall give orders to any such officer or
employee, either publicly or privately, except as otherwise provided in this charter.
SECTION 3.09 MEETINGS OF CITY COUNCIL
The City Council shall hold at least one (1) regular meeting each month and as many additional
meetings as it deems necessary to transact the business of the city. The City Council shall fix, by
ordinance, the date and time of the regular meetings. Special meetings of the City Council shall
be held on the call of the mayor or a majority of the city councilmembers.
SECTION 3.10 QUORUM
Five (5) councilmembers of the City Council shall constitute a quorum for the purpose of
transaction of business, and no action of the City Council shall be valid or binding unless
adopted by an affirmative vote of four (4) or more members of the City Council unless otherwise
provided for by law.
SECTION 3.11 CONFLICT OF INTEREST AND ABSTENTION
A. Conflict of Interest
No member of the City Council, the mayor, or any other officer, whether elected,
appointed, paid or unpaid, who exercises responsibilities beyond those that are advisory in
nature, shall participate in a vote or decision on a matter involving a business entity in
which such officer has a substantial interest if it is reasonably foreseeable that an action on
the matter would confer an economic benefit on the business entity. If the officer or a
person related to the officer within the second degree of affinity or consanguinity has a
substantial interest in the business entity that would be pecuniarily affected by an official
action of the City Council, the officer, if a member of the City Council, shall file an
affidavit with the city secretary stating the nature and extent of the interest and abstain
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from further participation in the matter. The terms used in this section shall be as defined
in Chapter 171, Local Government Code. (Amended November, 1995)
B. Abstention
Should any member of the City Council choose to abstain from voting on any question
before the City Council, where no declared conflict of interest exists, the abstention shall
be recorded as an affirmative vote in favor of the motion pending before the City Council
in the official minutes of the City of Coppell. (Amended November, 1995)
SECTION 3.12 RULES OF PROCEDURE
The City Council shall, by ordinance, determine its own rules and order of business, and the
rules shall provide that citizens of the city shall have a reasonable opportunity to be heard at any
regular City Council meeting. Such ordinance shall also provide a method by which a citizen
may have an item placed on the City Council agenda. The rules established by the City Council
for this procedure may include a provision which permits the City Council to set reasonable time
limits to be adhered to by persons appearing before the City Council.
The City Council shall provide for written minutes to be taken of all meetings, except executive
sessions authorized by law, and such minutes shall be a public record and shall be kept and
maintained by the city secretary. Voting shall be recorded in the minutes. Except on procedural
motions, voting shall be by roll call called by the city secretary or person serving as city
secretary and shall be recorded in the minutes.
SECTION 3.13 PASSAGE OF ORDINANCES IN GENERAL
A. Form
The City Council shall legislate by ordinance only, and the enacting clause of 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 of the City Council may offer any ordinance in writing that has been placed
on the agenda at the regular City Council meeting. Copies of proposed ordinances, in the
form required for adoption, shall be furnished to members of the City Council. The City
Council shall adopt a rule which shall provide that no action be taken on any ordinance
which has not been made available to the council and to the public concurrently.
(Amended November 1995)
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.
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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.
SECTION 3.14 AUTHENTICATION, RECORDING, CODIFICATION,
PRINTING AND DISTRIBUTION
A. Authentication and Recording
The city secretary shall record in a properly indexed book kept for that purpose, all
ordinances and resolutions adopted by the City Council, and such ordinances and
resolutions 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.
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.
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 and other
evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for
contempt for failing or refusing to obey any such subpoenas or to produce any such books,
papers or other evidence, and shall have the power to punish any such contempt in the manner
provided by such ordinance.
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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.
ARTICLE 4
ADMINISTRATIVE SERVICES
SECTION 4.01 CITY MANAGER
A. Appointment and Qualifications
The City Council shall appoint a city manager who shall be the chief administrative and
executive officer of the city, and shall be responsible to the City Council for the
administration of all the affairs of the city. The city manager shall be chosen by the City
Council solely on the basis of executive and administrative training experience and ability
and need not, when appointed, be a resident of the City of Coppell; but, each city
manager chosen subsequent to the adoption of this charter must become a resident of the
City of Coppell within a reasonable time. No member of the City Council shall, during
the term for which elected or appointed and for one (1) year thereafter, be appointed city
manager.
B. Compensation, Review and Authority to Execute Contracts and Agreements
The City Council shall fix the compensation to be received by the city manager, and the
compensation may be amended from time to time in accordance with the city manager’s
experience, qualifications and performance. The city manager shall be reviewed at least
once a year by the City Council. The city manager shall sign and execute for and on
behalf of the city all contracts and agreements approved by the City Council and when
the city manager is not available the acting city manager or mayor may sign and execute
such contracts and agreements which have been approved by the City Council. (Amended
May 1989)
C. Term and Removal
The city manager shall serve at the pleasure of the City Council and have no fixed term
of office. The City Council shall have the sole authority to remove the city manager from
office. (Amended November 1995)
D. Duties
The city manager shall be empowered to:
1. Appoint, and when deemed necessary for the welfare of the city, suspend or remove
any or all city employees and appointive administrative personnel provided for by
this charter, and shall promulgate such rules and regulations deemed appropriate and
necessary for the exercise of this authority;
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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
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 the
City Council deems desirable or necessary;
8. Make reports as necessary or as the City Council may require concerning the
operations of the city departments, offices or agencies;
9. Perform such other duties as are specified in this charter or may be required by the
City Council, and are not inconsistent with this charter; and
10. The City Council may by ordinance establish certain limitations within which the
city manager may be authorized to sign and execute contracts for and on behalf of
the city without specific City Council approval.
E. Acting City Manager
The city manager shall, within thirty (30) days of taking office and at appropriate
subsequent times, designate by letter filed with the city secretary, an alternate to perform
the duties of the city manager in the case of absence or disability. The City Council shall
ratify the city manager’s designated alternate. During the absence or disability of the city
manager, the City Council may revoke such designation and appoint another person to
serve as acting city manager until the city manager shall return or disability shall cease.
The acting city manager shall be a qualified administrative officer of the city at the time of
the designation. No member of the City Council shall serve as acting city manager, unless
the council shall deem the situation to be an emergency, in which case it shall require at
least four (4) affirmative votes to declare such emergency.
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.
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B. The chief of police shall be the chief administrative officer of the Department of Police,
and shall, with the approval of the city manager, appoint and remove the employees of said
department. The chief of police shall be appointed by the city manager for an indefinite
term. The chief of police shall be fully responsible to the city manager for the
administration of the department and for the carrying out and enforcement of the
resolutions and ordinances of the City Council. The chief of police may be removed from
office by the city manager.
SECTION 4.03 FIRE DEPARTMENT
A. There shall be established and maintained a Fire 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, and shall,
with the approval of the city manager, appoint and remove the employees of said
department. The fire chief shall be fully responsible for carrying out enforcement of the
resolutions and ordinances of the City Council, and shall perform such other duties as may
be required by the city manager. The fire chief may be removed from office by the city
manager. (Amended November, 1995)
SECTION 4.04 FINANCE DEPARTMENT
A. There shall be established and maintained a Department of Finance for the custody and
disbursement of city funds and monies.
B. The director of finance shall be the chief administrative officer of the Department of
Finance who shall render a complete and composite statement of receipts, deposits and
disbursements as the City Council shall require; assist all departments with their
budgetary functions and maintain a general accounting system; audit and approve all bills
before payment; and shall serve as purchasing officer of the city unless allowed to
delegate this function by the city manager. The director of finance shall appoint and
remove the employees of said department, subject to the review of the city manager, and
shall perform other duties as may be required by the city manager. The director of finance
shall be appointed by the city manager for an indefinite term.
SECTION 4.05 CITY SECRETARY
The city manager shall appoint an officer of the city who shall have the title of city secretary.
The city secretary shall give notice of the council meetings, shall keep minutes of its
proceedings, shall authenticate by signature and record in full, all ordinances and resolutions in a
book kept for that purpose, and shall perform such other duties as shall be required by this
charter or by the city manager. The city secretary may be removed from office by the city
manager. (Amended November 1995)
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SECTION 4.06 MUNICIPAL COURT
A. General
There shall be established and maintained a court, designated as a “Municipal Court” for
the trial of misdemeanor offenses, with all such powers and duties as are now, or may
hereafter be, prescribed by the laws of the State of Texas relative to municipal courts. The
City Council may establish additional municipal courts as authorized by law.
B. Municipal Court Judge
The City Council shall appoint a judge of the Municipal Court, who shall be a competent,
duly qualified, licensed attorney in the State of Texas. The judge of the Municipal Court
shall be appointed to a term of two (2) years, and may be appointed to additional and
consecutive terms upon completion of the term of office. The appointment of the judge
may be terminated by a majority vote of the City Council. The judge shall receive
compensation as may be determined by the City Council. The compensation shall be
fixed, and commensurate with the duties performed by the judge.
C. Clerk of the Court
The city manager shall appoint a clerk, and may appoint deputies of the Municipal Court.
The clerk and deputies shall be bonded at city expense, in an amount deemed adequate by
the City Council, and shall receive compensation as may be determined by the city
manager. The clerk and deputies, as employees of the city, may be removed by the city
manager.
The clerk of said court and the deputies shall have the power to administer oaths and
affidavits, make certificates, affix the seal of said court thereto, and generally do and
perform any and all acts usual and necessary to be performed by the clerks of courts in
issuing process of said courts and conducting the business thereof.
D. Alternate Judge
The City Council shall appoint an 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 of the 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 4.07 CITY ATTORNEY
A. Appointment and Qualifications
The City Council, in consultation with the city manager, shall appoint a competent, duly
qualified, licensed and practicing attorney in the State of Texas, who shall serve as the city
attorney.
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B. Removal
The city attorney shall serve at the pleasure of the City Council and as such shall have no
property right to continued employment.
C. Duties
The city attorney shall be required to:
1.
Serve as a legal advisor to the City Council and city manager;
2.
Represent the city in litigation and legal proceedings as directed by the City
Council and city manager; and
3.
Review and provide opinions as requested by the City Council or city manager on
contracts, legal instruments and ordinances of the city.
D. Compensation
The city attorney shall receive compensation as may be determined by the City Council.
E. Additional Attorneys
The city attorney, with approval of the City Council, may select additional attorneys to
act for the city attorney and the city in its representation and litigation.
F. Firm May Designate Individual To Serve as City Attorney
The City Council may contract with an attorney or with a firm of attorneys who may
designate one (1) member of said firm to serve as city attorney. (Amended November
1995)
SECTION 4.08 DEPARTMENT OF HEALTH AND SANITATION
A. Appointment and Qualifications
The City Council shall appoint a city health officer, who shall be a licensed physician
qualified to practice medicine in the State of Texas, and may or may not be a resident of
the City of Coppell.
B. Duties of Health Officer
The city health officer shall have those duties and obligations as required by State law.
SECTION 4.09 PERSONNEL SYSTEM
A.
Except for the purposes of inquiry, the City Council and its members shall deal with the
city administrative services solely through the city manager. Neither the City Council nor
its members shall give orders to any subordinates of the city manager, either publicly or
privately, except as may be provided in this charter.
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B.
Personnel rules shall be prepared by the city manager and presented to the City Council
for approval; provided, however, that a rule or regulation which involves the expenditure
or commitment of public funds must have the approval of the City Council. The adopted
rules shall establish the city as an equal opportunity employer and shall govern the
equitable administration of the personnel system of the city.
C.
The adopted rules shall provide for the following requirements, among others:
1.
A pay and benefit plan for all city employment positions;
2.
A plan for working hours, attendance policy and regulation, and provision for sick
leave, vacation and designated holiday leave;
3.
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 a
property right to continued employment.
C. Duties
The city engineer shall be required to serve as engineering advisor to the city manager and
City Council, and perform such other duties as may be required by the city manager or City
Council.
D. Special Engineering Services
The city manager, with the approval of the City Council, shall have the right to retain
special engineering services at any time deemed necessary and appropriate.
E. Compensation
The city engineer shall receive compensation as may be determined by the city manager.
(Amended May 1989)
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F. Term City Engineer
The term “city engineer” may refer to an individual or firm.
SECTION 4.11 OTHER DEPARTMENTS
The city manager may create new departments, abolish or consolidate offices and departments,
may divide and subdivide the administration of any department, except those specifically
established by this charter. (Amended November 1995)
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 May. The City
Council shall be responsible for selection of places for holding such elections. (Amended
May 1989)
B. Special Elections
The City Council may order a special election under conditions specified elsewhere in
this charter, or for ordinances, bond issues, charter amendments, recall or other purposes
deemed appropriate by the City Council. The City Council will fix the time and place for
such special elections and provide all means for holding same.
C. Voter Eligibility List
A certified list of voter registrants within the city, as prepared by the county, shall be held
by the city secretary. Any organization, group or person may request a list of qualified
voters of the city. Permission to copy the current list shall be granted by the city
secretary.
D. Conduct and Regulations of Elections
All city elections 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 City Elections
All municipal elections shall be publicized in a manner consistent with the requirements
of the present and all future amended editions of the Texas Election Code.
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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 this charter.
B.
An incumbent city councilmember seeking re-election must file for the same place
position number currently being served.
C.
No candidate may file in a single election for more than one (1) office or place position as
provided by this charter.
D.
No employee of this city shall continue in such position after filing for an elective office
provided for in this charter.
SECTION 5.03 OFFICIAL BALLOTS
A. Names on Ballot
The name of each candidate seeking an elective office, except those who have withdrawn,
died or become ineligible, shall be printed on the official ballot in the form designated by
the candidate in accordance with the Texas Election Code.
B. Order of Listing
The order on the ballot of the names of the candidates shall be determined by lot in a
public drawing to be held under the supervision of the city secretary in accordance with
the Texas Election Code.
C. Early Ballots
Procedure for voting by early ballot shall be consistent with the Texas Election Code.
D. Ballots for Ordinances, Bond Issues and Charter Amendments
Ballots for ordinances, bond issues and charter amendments shall be consistent with the
Texas Election Code.
E. Write-in Votes
Procedure for write-in votes shall be consistent with the Texas Election Code.
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SECTION 5.04 WATCHERS AND CHALLENGERS
A regularly nominated candidate shall be entitled, upon written application to the election
authorities, to appoint the number of persons as authorized by the Texas Election Code to
represent such person as watchers and challengers at each polling place where voters may cast
their ballots. A person so appointed shall have all the rights and privileges prescribed for
watchers and challengers by or under the general election laws of the State of Texas. The
watchers and challengers may exercise their rights throughout the voting and until the ballots
have been counted.
SECTION 5.05 CANVASSING
The returns of every municipal election shall be delivered from the election judges to the city
secretary at city hall as soon as practical. One (1) extra copy shall be delivered to the mayor at
this time. The City Council shall canvass the returns in sufficient time but not later than the time
provided for in the Texas Election 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 (l/2)
of the total number of valid ballots cast for the office concerned. The candidate for elective
office who receives a majority vote shall be declared elected. If no candidate for any elective
position receives a majority vote, a run-off election shall be called.
SECTION 5.07 RUN-OFF ELECTION
In the event no candidate for an elective office receives a majority of the votes cast for that
position in a regular or special election or if there is a tie for first place, a run-off election shall
be held pursuant to the Texas Election Code.
SECTION 5.08 OATH OF OFFICE
Every officer of the City shall, before entering upon the duties of the office, take and subscribe to
the following oath or affirmation to be filed and kept in the office of the city secretary:
"I, _______________ do solemnly swear (or affirm) that I will faithfully execute the duties of
the office of ________________ of the City of Coppell, State of Texas, and will to the best of
my ability preserve, protect and defend the Constitution and laws of the United States and of this
State so help me God.”
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SECTION 5.09 EXCEPTION OF ELECTION CODE
In the event there is a conflict between any of the provisions of this article and the Texas
Election Code or an omission of any elements or provisions necessary for conduct of an election,
then those provisions of the Texas Election Code then existing shall prevail. (Section Number
Amended May 1989)
ARTICLE 6
LEGISLATION BY THE PEOPLE:
INITIATIVE, REFERENDUM AND RECALL
SECTION 6.01 GENERAL AUTHORITY
The qualified voters of the City of Coppell shall, by following the procedures set out in this
charter, have the power to propose ordinances to the City Council, to require reconsideration by
the City Council of any adopted ordinances, and to revoke the office of any elected city official.
Initiative power may be used to enact a new ordinance or to repeal or amend sections of an
existing ordinance, except an ordinance appropriating money or levying of taxes or ordinances
repealing the appropriation of money or levying of taxes, not in conflict with this charter, the
state constitution or the state laws; provided however, this section shall not be construed to
prevent the use of initiative power to place limits on the maximum tax rate of the city.
Referendum power shall not extend to the budget or capital program, to any ordinance or
ordinances pertaining to appropriation of money or levying of taxes, or to bonds issued pursuant
to the authority of an election or elections previously held.
Grounds for removal of any member of the City Council shall be incompetency, non-compliance
with this charter, misconduct or malfeasance in office. (Amended November 1995)
SECTION 6.02 PETITIONER’S COMMITTEE
Any group of not less than twenty-five (25) qualified voters may commence proceedings
contemplated by this article by filing with the city secretary an affidavit stating that they will
constitute the petitioners’ committee; they will be responsible for 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. (Amended November 1995)
In the case of recall, the city secretary shall immediately notify in writing the officer(s) sought to
be removed, that the affidavit has been filed and shall inform the officer(s) of its statement of
grounds.
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SECTION 6.03 PETITION CIRCULATION
All petition blanks used for circulation by the members of the petitioners’ committee or their
designees shall be numbered, dated and bear the signature of the city secretary. The city
secretary shall enter in a record to be kept in the office of the city secretary the name of the
qualified voters to whom the numbered petitions were assigned. Petition circulators must be
qualified voters in the City of Coppell.
SECTION 6.04 FORM OF PETITION
All papers of a petition shall be uniform in size and style and shall be assembled as one (1)
instrument for filing. Each signer of a petition shall be a qualified voter of the City of Coppell.
Signers shall personally sign their own names thereto in ink or indelible pencil, and shall write
after their names their places of residence within the boundaries of the City of Coppell, giving
the name of the street and number, or place of residence, and shall also write their voter
registration numbers and the day, the month and the year their signatures were affixed. Petitions
shall contain or have attached thereto throughout their circulation the full text of the ordinance
proposed or sought to be reconsidered, or in the case of a recall petition, a statement which
distinctly and specifically states each ground with such certainty as to give the officer(s) sought
to be removed notice of such matters and things with which such officer(s) is charged.
Each paper of a petition shall have attached to it when filed, an affidavit executed by the
circulator thereof stating that such person personally circulated the paper, the number of
signatures of the persons whose names they purport to be, and that each signer had an
opportunity before signing, to read the full text of the ordinance or matter proposed or sought to
be reconsidered.
Locations for twenty (20) and no more than twenty (20) signatures shall be provided on each
blank petition.
SECTION 6.05 PRESENTATION OF PETITIONS
A.
A petition to the City Council for recall containing the signatures of qualified voters equal
in number to no fewer than fifteen percent (15%) of the qualified voters on the date of the
last regular municipal election shall be presented to the city secretary not later than thirty
(30) days following the filing of the affidavit by the petitioners’ committee. (Amended
November 1995)
B.
A petition to the City Council for initiative or referendum containing the signatures of
qualified voters equal in number to no fewer than ten percent (10%) of the qualified
voters on the date of the last regular municipal election shall be presented to the city
secretary not later than thirty (30) days following the filing of the affidavit by the
petitioners’ committee. (Amended November 1995)
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SECTION 6.06 CERTIFICATION OF PETITIONS AND PRESENTATION TO
CITY COUNCIL
Within ten (10) days after the petition is filed, the city secretary shall complete a certificate as to
its sufficiency, specifying, if it is insufficient, wherein it is defective and shall immediately upon
completion of certification, send a copy of the certificate to the petitioners’ committee by
registered 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.
If a petition is certified insufficient for lack of required number of valid signatures, it may be
amended once if the petitioners’ committee files a notice of intention to amend it with the city
secretary within five (5) working days after having received the copy of the certificate. A
supplementary petition with additional names must be filed within two (2) weeks after receiving
the copy of the certificate. Such supplementary petition shall comply with all the requirements of
this article.
Within five (5) working days after the amended petition is filed, the city secretary shall complete
a certificate of sufficiency of the petition, as amended, and shall send a copy of such sufficiency
to the petitioners’ committee by registered mail as in the case of an original petition. The final
determination as to the sufficiency of an amended petition shall be determined in the same
manner as prescribed for original petitions in this section above, except that no petition, once
amended, may be amended again.
A 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 such person to present facts pertinent to the charges specified in the petition. Should
such a request be made, the City Council shall order that a public hearing be held not less than
five (5) working days nor more than fifteen (15) days after receiving such request for a public
hearing.
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SECTION 6.08 ACTION ON INITIATIVE AND REFERENDUM PETITIONS
When an initiative or referendum petition has been finally determined sufficient, the City
Council shall promptly consider the proposed initiative ordinance in the manner prescribed for
enacting ordinances or reconsider the referred ordinance by voting its repeal. If the City Council
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.
SECTION 6.09 CALLING OF RECALL ELECTION
If the officer whose removal is sought does not resign then the City Council shall order an
election and set the date for holding such recall election. The date selected for the recall election
shall be the 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.
SECTION 6.10 WITHDRAWAL OF PETITION
A. Withdrawal of Initiative and Referendum Positions
In order to respect the qualified voters already having affixed their signatures to petitions,
no procedure for withdrawal of petitions is allowed once a petition has been finally
determined sufficient except where:
1.
Prior to being determined sufficient, a petition may be withdrawn by 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 required number of signatures as provided in this article.
For the purposes of withdrawal procedures only, any registered petition not returned to
the city secretary will be considered to contain the signature of twenty (20) qualified
voters, but in no event shall the total number of signatures thus determined exceed ninety-
nine percent (99%) of the number of signatures required for determination of sufficiency.
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B. Withdrawal of Recall Petitions
In order to respect qualified voters already having affixed their signatures to petitions for
recall no withdrawal from recall proceedings shall be allowed except where:
1.
Such withdrawal is 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 this article.
For the purposes of withdrawal procedures only, any registered petition not returned to
the city secretary will be considered to contain the signatures of twenty (20) qualified
voters, but in no event shall the total number of signatures thus determined exceed
ninety-nine percent (99%) of the number of signatures required for determination of
sufficiency.
For the purposes of consideration of limitations as specified in this article, recall
procedures successfully withdrawn shall be considered as never having been initiated.
SECTION 6.11 FORM OF BALLOTS
Ordinances shall be submitted by ballot 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 (1) 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 a vote
by making a mark.
Ballots used at recall elections shall, with respect to each person whose removal is sought,
submit the question:
“Shall (name of person) be removed from the office of (name of office) by recall?”
Immediately below each such question there shall be printed the two (2) following statements,
one (1) above the other, in the order:
“For the removal of _______________ by recall”
“Against the removal of _______________by recall”
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Immediately to the left of such statement shall appear a square in which the voter may cast a vote
by making a mark.
In the event voting machines are used at the election, the form of the ballot as above stated may
be modified to permit use of such voting machines.
SECTION 6.12 RESULTS OF ELECTION
If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor,
it shall be considered adopted upon certification of the election results and shall be treated in all
respects in the same manner as ordinances of the same kind adopted by the City Council. If
conflicting ordinances are approved at the same election, the one receiving the greatest number
of affirmative votes shall prevail.
An ordinance adopted by initiative may be repealed or amended at any time after the expiration
of two (2) years. (Amended November, 1995)
If a majority of the qualified electors voting on a referred ordinance vote against the ordinance, it
shall be considered repealed upon certification of the election results. If a majority of the
qualified electors voting on a referred ordinance vote for the ordinance, the ordinance shall be
considered in effect.
An ordinance repealed by referendum may be re-enacted at any time after the expiration of two
(2) years. (Amended November, 1995)
If a majority of the votes cast on the question of recall at the recall election shall be against the
removal of the elected official named on the ballot, such person shall continue in office for the
remainder of the unexpired term, subject to recall as before within the limitations of this article.
If a majority of the votes cast on the question of recall at a recall election shall be for the removal
of the elected official named on the ballot such person shall, regardless of any technical defects
in the recall petition, be deemed removed from office and the vacancy shall be filled in
accordance with the provisions of this charter for the filling of vacancies.
SECTION 6.13 LIMITATIONS AND RESTRICTIONS
No recall petition shall be filed against any officer of the City of Coppell within ninety (90) days
after the election or appointment, nor within ninety (90) days of such a petition being filed and
found insufficient, nor within one (1) year after an election for such officer’s recall.
In no instance shall an officer removed from office by recall election succeed in office, nor shall
such person’s name appear on a ballot for elective office of the City of Coppell within a period
of five (5) years following the date of the election at which such person was removed from
office.
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Unless successfully withdrawn, no petition shall again be filed on a proposed or referred
ordinance of substantially the same content within a period of six (6) months of such a petition
being filed and found insufficient or within a period of two (2) years of the failure of the petition
at the city election.
SECTION 6.14 FAILURE OF CITY COUNCIL TO CALL AN ELECTION
In case all of the requirements of this charter have been met and the City Council shall fail or
refuse to receive an initiative, referendum or recall petition, or order such initiative, referendum
or recall election, or discharge other duties imposed upon said City Council by the provisions of
this charter with reference to initiative, referendum or recall, then the county judge of Dallas
County, Texas, shall discharge any such duties herein provided to be discharged by the city
secretary or by the City Council. In addition, any qualified voter in the City of Coppell may seek
judicial relief in the District Court of Dallas County, Texas, to have any of the provisions of this
charter pertaining to initiative, referendum or recall carried out by the proper official.
ARTICLE 7
MUNICIPAL FINANCE
SECTION 7.01 FISCAL YEAR
The fiscal year of the city shall begin on the first day of each October and end on the last day of
September of the succeeding year. All funds collected by the city during any fiscal year,
including both current and delinquent revenues, shall belong to such fiscal year, and, except for
funds derived to pay interest and create a sinking fund on the bonded indebtedness of the city,
may be applied to the payment of expenses incurred during such fiscal year, except as provided
in this charter. Any revenues uncollected at the end of any fiscal year and any unencumbered
funds actually on hand shall become resources of the next succeeding fiscal year.
SECTION 7.02 SUBMISSION OF BUDGET
On or before the fifth day of August of each year, unless the City Council has granted an
extension, the city manager shall file with the city secretary and submit to the City Council a
proposed budget for the ensuing fiscal year and the budget message. The City Council shall hold
the required public hearings on and review the proposed budget and make any appropriate
changes prior to adopting the final budget.
SECTION 7.03 BUDGET
A. Content
The budget shall provide a complete financial plan of all city funds and activities and,
except as required by law or this charter, shall be in such form as the city manager deems
desirable or the City Council may require. A budget message explaining the budget both
in fiscal year and in terms of the work programs shall be submitted with the budget. It
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shall outline the proposed financial policies of the city for the ensuing fiscal year;
describe the important features of the budget; and indicate any major changes from the
current year in financial policies, expenditures and revenues, with reasons for such
changes. It shall also summarize the city’s debt position and include such other material
as the city manager deems desirable. The budget shall begin with a clear, general
summary of its contents; and shall show in detail all estimated income, indicating the
proposed property tax levy, and all proposed expenditures, including debt service, for the
ensuing fiscal year. The proposed budget expenditures shall not exceed the total of
estimated income and unencumbered funds from previous years. The budget message
shall be so arranged as to show comparative figures for actual and estimated income and
expenditures of the current fiscal year and actual income and expenditures of the
preceding fiscal year, compared to the estimate for the budgeted year. The budget shall
include in separate sections:
1.
A clear, general summary of contents;
2.
A consolidated statement of receipts and expenditures of all funds listed and
itemized individually;
3.
An analysis and itemization of all estimated income of the city from surplus,
miscellaneous income and taxes, with miscellaneous income sub-classified by
source;
4.
Tax levies, rates and collections for the preceding three (3) years;
5.
An itemized statement for pending and proposed new capital projects, including
but not limited to the amounts to be appropriated from the budget, the amounts to
be raised by the issuance of bonds, and the amount required for the operation and
maintenance of the new projects;
6.
The amount required for interest on the city’s debts, for sinking funds and for
maturing serial bonds;
7.
The total amount of the city’s outstanding debts, with a schedule of maturity on
bond issues in an attachment;
8.
An itemized estimate of the expenses of operating each 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 ten percent (10%) of the proposed
expenditures for the major operating funds (Amended November, 1995); and
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11.
Such other information as is required by City Council or deemed desirable by the
city manager.
B. Public Notice and Hearing
The City Council shall provide for a public hearing on the proposed budget and publish
in the official newspaper a general summary of the proposed budget and a notice stating:
1.
The times and places where copies of the budget are available for inspection by
the public; and
2.
The time and place for a public hearing on the budget, as required by law.
C. City Council Action
1.
The City Council shall hold a public hearing on the budget as submitted at the
time and place so advertised or at another time and place with proper notification.
All interested persons shall be given an opportunity to be heard, either for or
against, any item of the proposed budget.
2.
At a regular or special meeting the City Council may adopt the budget with or
without amendment. In amending the budget, it may add or increase any programs
or amounts and may delete or decrease any programs or amounts, except
expenditures required by law or for debt service or for estimated cash deficit,
provided that no amendment to the budget shall increase the authorized
expenditures to an amount greater than the total of estimated income plus funds
available from prior years.
3.
The City Council shall adopt the budget by ordinance. Adoption of the budget
shall constitute appropriations of the amounts specified therein as expenditures
from the funds indicated.
D. Failure to Adopt
If the City Council fails to adopt the budget by the last day of September, the amounts
appropriated for operation during the current fiscal year 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.
SECTION 7.04 AMENDMENTS AFTER ADOPTION
A. Supplemental Appropriations
If, during the fiscal year, the city manager certifies that there are revenues available for
appropriation in excess of those estimated in the budget, the City Council may make
supplemental appropriations to fund other appropriations as desired.
B. Emergency Appropriations
At any time in any fiscal year the City Council may, pursuant to this section, make
emergency appropriations to meet a pressing need for public expenditure, for other than
regular or recurring requirements, affecting life, health, property or the public peace.
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C. Reduction of Appropriations
If, at any time during the fiscal year, it appears probable to the city manager that the
revenues available will be insufficient to meet the amount appropriated, the city manager
shall report to the City Council the estimated amount of deficit, any remedial action taken
and recommendations as to any other steps to be taken. The City Council shall then take
such further action that it deems necessary to prevent or minimize any deficit.
D. Transfer of Appropriations
At any time during the fiscal year, the city manager may transfer part or all of any
unencumbered appropriation balance among departments, offices or agencies of the city.
(Amended August 2001)
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.
SECTION 7.05 CAPITAL PROGRAM
The city manager shall submit a five-year capital program as an attachment to the annual budget.
The program, as submitted, shall include:
A.
A clear, general summary of its contents;
B.
A list of all capital improvements which are proposed for the five (5) fiscal years
succeeding the budget year, with appropriate supporting information as to the necessity
for such improvements;
C.
Cost estimates, method of financing and recommended time schedules for each such
improvement; and
D.
The estimated annual cost of operating and maintaining the facilities to be constructed or
acquired.
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.
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.
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SECTION 7.07 LAPSE OF APPROPRIATIONS
Every appropriation, except an appropriation for a capital expenditure, shall lapse at the close of
the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a
capital expenditure shall continue in force until the purpose for which it was made has been
accomplished or abandoned; the purpose of any such appropriation shall be deemed abandoned
if three (3) years pass without any disbursement from or encumbrance of the appropriation. Any
funds not expended, disbursed or encumbered shall be deemed excess funds.
SECTION 7.08 BORROWING
AThe Right to Borrow
.
The city shall have the right and power, except as prohibited by law or this charter, to
borrow money by whatever method it may deem to be in the public interest.
B. General Obligation Bonds
The city shall have the power to borrow money on the credit of the city and to issue
general obligation bonds for permanent public improvements or for any other public
purpose not prohibited by law and this charter and to issue refunding bonds to refund
outstanding bonds previously issued. All such bonds or certificates of obligation shall be
issued in conformity with the laws of the State of Texas and shall be used only for
purposes for which they were issued. Any bond, excluding refunding bonds, to be issued
under the provisions of this section shall not be issued without an election. In all cases
when the City Council shall order an election for the issuance of bonds of the city, it
shall, at the same time, state whether or not a tax rate increase is anticipated for the
purpose of paying the principal and interest on the bonds and to 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.
SECTION 7.09 PURCHASING
The City Council may, by ordinance, confer upon the city manager general authority to contract
for expenditures without further approval of the City Council for all budgeted items not
exceeding limits set by the City Council. All contracts for expenditures involving more than the
set limit must be expressly approved in advance by the council. All contracts or purchases
involving more than the limits set by the City Council shall be awarded to the lowest bidder
whose submittal is among those most responsive to the needs of the city after there has been
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opportunity for competitive bidding as provided by law or ordinance; provided that the City
Council, or city manager, when authorized to contract for the city, shall have the right to reject
any and all bids. Emergency contracts as authorized by law and this charter, may be negotiated
by the City Council, or city manager, if given authority by the City Council, without competitive
bidding. Such emergency shall be declared by the city manager and approved by the City
Council or may be declared by the City Council.
SECTION 7.10 ADMINISTRATION OF BUDGET
No payment shall be made or obligation incurred against any allotment or appropriation except
in accordance with appropriations duly made and unless the city manager or the city manager’s
designee first certifies that there is a sufficient unencumbered balance in such allotment or
appropriations, and that sufficient funds therefrom are or will be available to cover the claim or
meet the obligation when it becomes due and payable. Any authorization of payment or
incurring of obligation in violation of the provisions of this charter will be void and any payment
so made, illegal. Such action shall be the cause for removal of any officer who knowingly
authorized or made such payment or incurred such obligations and such person shall also be
liable to the city for any amount so paid. However, this prohibition shall not be construed to
prevent the making or authorizing of payments or making of contracts for capital improvements
to be financed wholly or partly by the issuance of bonds, time warrants, certificates of
indebtedness or certificates of obligation, or to prevent the making of any contract or lease
providing for payments beyond the end of the fiscal year, provided that such action is made or
approved by ordinance.
SECTION 7.11 DEPOSITORY
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 each month the financial condition of the city
by budget item, budget estimate versus accruals for the preceding month and for the fiscal year
to date. The financial records of the city will be maintained on an accrual basis to support this
type of financial management
SECTION 7.13 INDEPENDENT AUDIT
At the close of each fiscal year, and at such other times as it may be deemed necessary, the City
Council shall cause an independent audit to be made of all accounts of the city by a certified
public accountant. The certified public accountant so selected shall have no personal interest,
directly or indirectly, in the financial affairs of the city or any of its officers. Upon completion of
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the audit the summary thereof shall be published immediately in the official newspaper of the
city and copies of the audit placed on file in the city secretary’s office as public record. A copy
of the comprehensive financial annual report shall be available at the public library.
ARTICLE 8
BOARDS, COMMISSIONS AND COMMITTEES
SECTION 8.01 AUTHORITY
The City Council shall create, establish or appoint, as may be required by the laws of the State of
Texas, 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. (Amended August 2001)
Individuals may be appointed to serve on more than one (1) board, commission or committee.
The City Council may, by ordinance, consolidate the functions of the various boards,
commissions or committees of the city. (Amended August 2001)
The City Council may appoint certain ad hoc committees by resolution. (Amended November
1991)
SECTION 8.02 QUALIFICATIONS
Members of all boards, commissions and committees must be qualified voters and be residents of
the City of Coppell for at least twelve (12) months preceding the date of appointment, be
knowledgeable in the affairs of the city and be knowledgeable in the functions and activities
provided for in this article. (Amended November, 1995)
SECTION 8.03 GENERAL (Amended August 2001)
A. Open Meetings
All meetings of any board, commission or committee created, established or appointed by
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. (Amended August 2001)
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 Board of Adjustment and other
such boards where the appeal is otherwise prescribed by law. Such appeals shall be
perfected by filing a sworn notice of appeal with the city secretary within thirty (30) days
from the rendition of the decision of the board, committee or other body. Prior to the
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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. (Amended November 1991)
C. Compensation
Subject to the provisions of any law of the State of Texas, all members of any City board,
commission, committee or other body will serve without compensation but may be
reimbursed for any necessary expenses as a result of their work.
D. Minutes
All boards, commissions or committees of the city shall keep and maintain minutes of
any proceedings held and shall submit a written report of such proceedings to the City
Council at least once each month.
E. Exclusion of City Officers and Employees
No officer of the city nor any person who holds a compensated appointive position with
the city shall be appointed to any board, commission or committee created or established
by the city other than in an advisory capacity.
F. Rules and Regulations
All boards, commissions and committees established or created by City Council shall set
out their own rules and regulations as approved by City Council for operation thereof
unless specifically prescribed by the laws of the State of Texas, this charter or ordinance.
Except as provided by State law, ordinances creating any board, commission or
committee shall provide that if any member is absent from three consecutive regular
meetings, such position shall be declared vacant and the vacancy may be filled for the
remainder of the unexpired term by the City Council within 30 days after the vacancy
occurs. (Amended August 2001)
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;
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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.
ARTICLE 10
PUBLIC UTILITIES, FRANCHISES AND LICENSES
SECTION 10.01 POWERS OF THE CITY
The city has the power to buy, own, sell, construct, lease, maintain, operate and regulate public
services and utilities and to manufacture, distribute and sell the output of such services and utility
operations. The city shall have such regulatory and other powers as may now or hereafter be
granted under the constitution and laws of the State of Texas.
SECTION 10.02 POWER TO GRANT FRANCHISE
The City Council has the power to grant, renew and extend all franchises of a public service
operating within the city and, with the consent of the franchisee, to amend the same. No
franchise shall be granted for a term of more than twenty (20) years from the date of the grant,
renewal or extension.
SECTION 10.03 ORDINANCE GRANTING FRANCHISE
Any ordinance granting, renewing, extending or amending a public service franchise shall not
take effect until thirty (30) days after adoption of the ordinance granting the franchise. A
summary of the ordinance shall be published one time in the official newspaper of the city at
least 15 days prior to adoption of the ordinance. No franchise shall be exclusive. (Amended
November 1991)
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SECTION 10.04 TRANSFER OF FRANCHISE
No public service franchise is transferable, except with the approval of the City Council;
however, the franchisee may pledge franchise assets as security for a valid debt or mortgage.
SECTION 10.05 FRANCHISE VALUE NOT TO BE ALLOWED
Franchises granted by the city are of no value in fixing rates and charges for public utility service
within the city and in determining just compensation to be paid by the city for public utility
property which the city may acquire by condemnation or otherwise.
SECTION 10.06 RIGHT OF REGULATION
In granting, amending, renewing and extending public service and utility franchises, the city has
the following rights:
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 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;
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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
utilities franchised in the City of Coppell; and
M.
To require all extensions of services within the city limits to become part of the aggregate
property of the service and operate subject to all obligations and reserved rights contained
in this charter. This extension is considered part of the original grant and terminable at
the same time and under the same conditions as the original grants.
SECTION 10.07 CITY OWNED PUBLIC SERVICES
The City Council shall have the following rights:
A.
To set rates of city-owned public services; and
B.
To require all city-owned public services to keep accounts to show complete financial
operations. Accounts must show actual cost of each service to the city, including costs of
extensions and improvements and sources of funds expended for these purposes. Costs of
and revenues of services furnished to other cities or government agencies must also be
included.
SECTION 10.08 REGULATION OF RATES
A.
The City Council shall have the power, by ordinance, to fix and regulate the rates and
charges of all public utilities and public service companies and fix the fares of all public
transportation of every kind operating within the corporate limits of Coppell.
B.
Upon receiving a request from a public service company or utility company requesting a
change in rates, the City Council shall call a public 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 by
the City Council.
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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, city councilmember or the city manager shall be appointed to any
office, position or clerkship or other service of the city, except, if the individual is employed in
the position immediately before the election or appointment of the mayor, councilmember or city
manager to whom the individual is related in a prohibited degree and that prior employment is
continuous for at least thirty (30) days if the mayor, city councilmember or city manager is
appointed or six (6) months if the mayor or city councilmember is elected, this section shall not
apply, provided that the mayor, city councilmember or city manager to whom the individual is
related in a prohibited degree may not participate in any deliberation or voting on the
appointment, reappointment, confirmation of the appointment or reappointment, employment,
reemployment, change in status, compensation, or dismissal of the individual, if that action
applies only to the individual and is not taken regarding a bona fide class or category of
employees. (Amended November 1995)
SECTION 11.04 OATH
All elected and appointed officers of the city shall take and sign the oath of office prescribed for
state elective and appointive offices, respectively, by the constitution of the State of Texas.
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SECTION 11.05 PERSONAL FINANCIAL INTEREST
No officer or employee of the city shall have a financial interest, direct or indirect in any contract
with the city, nor shall he be financially interested, 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.
The provisions of this section shall not apply to the officers named in Section 3.11A of this
charter. Any willful violation of this section shall constitute malfeasance in office, and any
officer or employee found guilty thereof shall be subject to removal from his office or position.
Any violation of this section shall render the contract voidable at the discretion of the City
Council. (Amended November 1995)
SECTION 11.06 CONFLICT OF INTEREST
A professional consultant of the city shall not:
A.
Accept other employment or engage in outside activities incompatible with the proper
discharge of the duties and responsibilities with the city, or which might impair his
independent judgment in the performance of the duty to the city.
SECTION 11.07 ASSIGNMENT, EXECUTION AND GARNISHMENT
The property, real and personal, belonging to the city shall not be liable to be sold or
appropriated under any writ of execution or cost bill. The funds belonging to the city, in the
hands of any person, firm or corporation, shall not be liable to garnishment, attachment or
sequestration nor shall the city be liable to garnishment on account of any debt it may owe or
funds or property it may have on hand or owing to any person. Neither the city nor any of its
officers or agents shall be required to answer any such writ of garnishment on any account
whatever. The city shall not be obligated to recognize any assignment of wages or funds by its
employees, agents or contractors, unless otherwise mandated by state and 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 of Coppell shall be liable for any personal injury or death or for claims for
damages or injury to real or personal property alleged to have been caused by the negligent act
or omission of any officer, agent or employee of the city, the person who has been injured, the
person who may have a cause of action under the law by reason of such death or injury, the
person whose property has been injured or damaged, or someone on their behalf, shall file a
claim in writing with the city secretary within six (6) months after said injury, death or damage
has occurred, stating specifically when, where and how the injury, death or damage occurred,
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the full extent thereof, the amount of damages claimed or asserted, and the basis for liability on
the part of the city. The person giving notice under this section shall give the address of every
place that he or she has resided during the last six (6) months prior to the injury, death or
damage and shall subscribe his or her name thereto. Neither the mayor, city councilmember, city
manager, city secretary, city attorney or any other officer or employee of the city shall have
authority to waive any of the provisions of this section, but the same may be waived only by
resolution of the City Council made and passed before the expiration of said six (6) month
period. (Amended November 1995)
SECTION 11.10 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
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 have the same force and effect as
the original ordinance. Certified copies of ordinances may also be used in evidence.
SECTION 11.13 CONSTRUCTION OF CHARTER
This charter shall not be construed as a mere grant of enumerated powers, but shall be construed
as a general grant of power and not as a limitation of power on the government of the City of
Coppell in the same manner as the Constitution of Texas is construed as a limitation on the
powers of the legislature. Except where expressly prohibited by this charter, each and every
power under Article XI, Section 5 of the Constitution of Texas, which it would be competent for
the people of the City of Coppell to expressly grant to the city shall be construed to be granted to
the city by this charter.
SECTION 11.14 JUDICIAL NOTICE
This charter 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.
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SECTION 11.15 PERSONS INDEBTED TO THE CITY SHALL NOT HOLD
OFFICE OR EMPLOYMENT
No person shall be qualified to hold a municipal office or serve the city in any other capacity for
which compensation is paid who is, or may become while in service, in arrears in the payment of
taxes or other debts due the city, provided he has received actual notice of the same and, after
reasonable notice, has intentionally refused to pay the tax or debt due the city. The provision
shall not apply to any tax or debt:
A.
During the time the validity of such tax or debt is involved in litigation; or
B.
Involved in litigation if the litigation ultimately results in the matter being held invalid by
a final judgment of a court of competent jurisdiction; or
C.
Held invalid by a final judgment of a court of competent jurisdiction.
SECTION 11.16 LIBRARY
The City Council has the authority to establish and maintain a public library and to cooperate with other
governmental entities for the establishment of such library.
SECTION 11.17 PARKS AND RECREATIONAL FACILITIES
The city has the authority, alone or with any governmental agency, or any non-profit
organization incorporated under the laws of the State of Texas, to acquire, establish and own all
property that may be useful and necessary for the purpose of establishing and maintaining parks
and recreational facilities as authorized by law.
SECTION 11.18 EMERGENCY POWERS OF THE MAYOR
Whenever it shall come to the knowledge of the mayor that any malignant, infectious or
contagious disease or epidemic is 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, the mayor
shall have the power to take all steps and use all measures necessary to avoid, suppress or
mitigate such disease and relieve distress caused by flood or resulting from tornado, hurricane,
fire or other disaster.
SECTION 11.19 SEVERABILITY
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.
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SECTION 11.20 EFFECT ON EXISTING LAWS
All ordinances, portions thereof, resolutions, contracts, bonds, obligations, rules and regulations
now in force under the city government of Coppell, and not in conflict with the provisions of this
charter, 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 11.22 RESERVED
SECTION 11.23 AMENDMENT OF CHARTER
Amendments to this charter may be framed and submitted to the qualified voters of the city in
the manner provided by State law.
SECTION 11.24 RESERVED
SECTION 11.25 REARRANGING AND RENUMBERING
The City Council shall have the power, by ordinance, to renumber and rearrange all articles,
sections and paragraphs of this charter or any amendments thereto as it 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.
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