11-046 - O TOWN OF PROSPER, TEXAS ORDINANCE NO. 11-46
AN ORDINANCE OF THE TOWN OF PROSPER,TEXAS,ORDERING THE
ADOPTION OF AMENDMENTS TO THE TOWN OF PROSPER, TEXAS,
TOWN CHARTER IN ACCORDANCE WITH THE ADOPTION OF
PROPOSITIONS NO. 1 THROUGH 22 AT THE SPECIAL ELECTION HELD
ON MAY 14, 2011; ADOPTING THE CHARTER, AS AMENDED;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY
CLAUSES; AND PROVIDING AN EFFECTIVE DATE OF THIS
ORDINANCE.
WHEREAS, on November 7, 2006, a home-rule Charter was adopted for the Town of
Prosper, Texas ("Pros)cr") attached hereto as Exhibit "A" ; and
WHEREAS, the home-rule Charter is required to be reviewed in accordance with the
provisions set forth herein, and may be amended from time to time ("Charter"); and
WHEREAS, on January 25, 2011, the Town Council of the Town of Prosper, Texas (the
"ro..Ny l Council") appointed persons to a Charter Review Commission ("CRC"), and charged the
CRC with reviewing and proposing amendments to the Charter; and
WHEREAS, following a series of meetings, the CRC presented its report of proposed
Charter amendments to the Town Council in at a public meeting ("Rep") and the Town Council
subsequently discussed the proposed Charter amendments at public meetings; and
WHEREAS, the Town Council reviewed the Report and after considering the CRC's
proposed amendments, the Town Council called a Special Election for May 14,2011, for a vote of
the electors to consider the approval or rejection of various amendments to the Charter, the
amendments being in the form of Propositions 1 through 22; and
WHEREAS, at the Special Election on May 14, 2011, voters approved by majority vote
Propositions No. 1 through 22, thereby amending the Charter; and
WHEREAS,Town Council finds it to be in the public interest to declare the adoption of the
amendments to the Charter, and to adopt the amended Charter, as authorized by the Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS:
SECTION 1: Findi�hicgr°)or ted. The findings set forth above are true and correct and
incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2: Ado ITof Charter r �ine�rdtrrents. Propositions 1 through 22, as passed
during the Special Election held on May 14,2011,and which contained amendments to the Charter,
are declared adopted. This declaration shall serve as an order,which the Town Secretary shall record
Ordinance Adopting Charter Amendments Page 1
592982-I
in the Town's official records, in accordance with Section 9.005(b)of the Texas Local Government
Code. The amendments resulting from the passage of Propositions 1 through 22 are attached hereto
as Exhibit "B".
SECTION 3: Amended Charter Adopted. The amendments adopted by this Ordinance and
identified in Exhibit"B"shall be incorporated into the Charter,as identified in Exhibit"C",and the
Charter is hereby adopted as amended.
SES.TION 4: Certificatioii L ,ac reLtLry_gf,�'t�i. In accordance with Section 9.007(a)of the
Texas Local Government Code and following final passage of this Ordinance,the Mayor shall certify
to the Texas Secretary of State an authenticated copy of the Charter, as amended,under the Town's
seal and showing the approval by the voters of the Town.
SECTION 5: Recording. The Town Secretary shall record in the Town Secretary's records
the Charter, as amended, as adopted by the voters of the Town pursuant to Section 9.008(a) of the
Texas Local Government Code.
Sl:'f" 110N : Savin s/ cpe�aliog Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate
any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a
prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 7: Severabilily. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, sentence, clause or phrase thereof regardless of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 8: Effective Date. This Ordinance shall become effective on June 14, 2011 as
required by law,
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 14th day of June, 2011.
.... ..........
Ray Smith, payor
Ordinance Adopting Charter Amendments Page 2
592982-1
� a n
A F! I+,'S C'�1, AND
0UREC.ji A ECORDED BY: APPROVED AS TO FORM:
` t 0
� wm
Appit
Amy PiLikWilia, Town Secretary Abernathy W 1 her Boyd 'oplin P.C.
Courtney A. Kuykendall,Town Attorneys
Ordinance Adopting Charter Amendments Page 3
592982-1
EXHIBIT "A"
(Town Charter)
Ordinance Adopting Charter Amendments Page 4
592982-1
TOWN CHARTER
TOWN OF PROSPER
TEXAS
TOWN CHARTER COMMISSION
Adopted November 7, 2006
Mayor Charles Niswanger
Town of Prosper
113 W. Broadway
Prosper, Texas 75078
Dear Mayor Niswanger:
Attached is the proposed Home Rule Charter for the Town of Prosper. The Charter Commission,
which was appointed by the Town Council on the _th day of , 2006, has completed its
work and submits this Charter for approval by the voters.
The Charter shall be submitted to the qualified voters of the Town of Prosper for adoption or
rejection at a Town election, to be held on November 7, 2006, at which election if a majority of the
qualified voters voting in such election shall vote in favor of the adoption of this Charter and the
Town Council enters an order in the records of the Town declaring the Charter is adopted, it shall
then immediately become the Charter and governing law of the Town of Prosper until amended or
rejected. Submission of this Charter by sections being impractical, it is hereby prescribed that the
form of ballot to be used in such election shall be as follows:
FOR THE ADOPTION OF THE CHARTER
AGAINST THE ADOPTION OF THE CHARTER
The Town Secretary shall mail a copy of the Charter to each registered voter of the Town of
Prosper not less than thirty (30) days prior to the date of the election.
We, the duly elected and undersigned members of the Home Rule Charter Commission of the
Town of Prosper, wish to express publicly our deep appreciation to you and the other officers and
employees of the Town and to the citizens of the Town of Prosper for the support, encouragement,
and the trust given our efforts in the preparation of this document. We submit to you and them our
work, our interest, and our effort for implementation.
Respectfully submitted,
HOME RULE CHARTER COMMISSION
HOME RULE
CHARTER
OF
THE TOWN OF PROSPER, TEXAS
To be submitted to a vote of the people on:
November 7, 2006
TABLE OF CONTENTS
ARTICLE I Form of Government and Boundaries
Sec. 1.01 Form of Government 1
Sec. 1.02 The Boundaries 1
Sec. 1.03 Extension of Boundaries 1
ARTICLE II Powers of the Town
Sec. 2.01 General Powers of the Town 2
Sec. 2.02 Public Improvements 2
Sec. 2.03 Miscellaneous Powers 2
ARTICLE III The Town Council
Sec. 3.01 Composition 2
Sec. 3.02 Qualifications of Town Council 3
Sec. 3.03 Compensation 3
Sec. 3.04 Mayor, Mayor Pro-Tem, and Deputy Mayor Pro-Tem 3
Sec. 3.05 Vacancies, Forfeiture and Filling of Vacancies 4
Sec. 3.06 Powers of the Town Council 4
Sec. 3.07 Prohibitions 5
Sec. 3.08 Meetings of the Town Council 6
Sec. 3.09 Quorum 6
Sec. 3.10 Conflict of Interest 6
Sec. 3.11 Abstention 6
Sec. 3.12 Rules of Procedures 6
Sec. 3.13 Passage of Ordinances in General 6
Sec. 3.14 Emergency Ordinances 7
Sec. 3.15 Authentication, Recording, Codification, Printing and Distribution 7
Sec, 3.16 Investigations by the Town Council 8
Sec. 3.17 Bond 8
Sec. 3.18 Code of Ethics 8
ARTICLE IV Town Administration
Sec. 4.01 Town Manager 8
Sec. 4.02 Town Secretary 10
Sec. 4.03 Municipal Court 10
Sec. 4.04 Town Attorney 11
Sec. 4.05 Administrative Departments, Offices and Agencies 11
Sec. 4.06 Personnel System 12
ARTICLE V Nominations and Elections
Sec. 5.01 Town Elections 12
Sec. 5.02 Filing for Office 13
Sec. 5.03 Official Ballots 13
Sec. 5.04 Official Results 13
Sec. 5.05 Taking of Office 14
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ARTICLE VI Recall, Initiative, and Referendum
Sec. 6.01 Scope of Recall 14
Sec. 6.02 Petitions for Recall 14
Sec. 6.03 Form of Recall Petition 14
Sec. 6.04 Various Papers Constituting Petition 15
Sec. 6.05 Presentation of Petition to the Town Council 15
Sec. 6.06 Public Hearing to be Held 15
Sec. 6.07 Calling of Recall Election 16
Sec. 6.08 Ballots in Recall Election 16
Sec. 6.09 Result of Recall Election 16
Sec. 6.10 Recall, Restrictions Thereon 16
Sec. 6.11 Failure of the Town Council to Call an Election-Recall 16
Sec. 6.12 General Power of Initiative and Referendum 16
Sec. 6.13 Initiative 17
Sec. 6.14 Referendum 17
Sec. 6.15 Voluntary Submission of Legislation by the Town Council. 17
Sec. 6.16 Form of Ballots 18
Sec. 6.17 Publication of Proposed and Referred Ordinances 18
Sec. 6.18 Adoption of Ordinances 18
Sec. 6.19 Inconsistent Ordinances 18
Sec. 6.20 Ordinances Passed by Popular Vote, Repeal or Amendment 18
Sec. 6.21 Further Regulations by the Town Council 18
Sec. 6.22 Failure of the Town Council to Call an Election-Initiative or Referendum 18
ARTICLE VII Financial Procedures
Sec. 7.01 Fiscal Year 19
Sec. 7.02 Submission of Budget and Budget Message 19
Sec. 7.03 Budget Message 19
Sec. 7.04 Budget a Public Record 19
Sec. 7.05 Public Hearing on Budget 19
Sec. 7.06 Proceeding on Adoption of Budget 19
Sec. 7.07 Budget, Appropriation and Amount to be Raised by Taxation 20
Sec. 7.08 Contingent Appropriation 20
Sec. 7.09 Amending the Budget 20
Sec. 7.10 Certification; Copies Made Available 20
Sec. 7.11 Capital Program 20
Sec. 7.12 Defect Shall Not Invalidate the Tax Levy 21
Sec. 7.13 Lapse of Appropriations 21
Sec. 7.14 Borrowing 21
Sec. 7.15 Purchasing 22
Sec. 7.16 Administration of Budget 22
Sec. 7.17 Depository 23
Sec. 7.18 Independent Audit 23
Sec. 7.19 Power to Tax 23
Sec. 7.20 Office of Tax Collector 23
Sec. 7.21 Taxes; When Due and Payable 23
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Sec. 7.22 Tax Liens, Liabilities and Suits 24
ARTICLE VIII Boards and Commissions
Sec. 8.01 Authority, Composition and Procedures 24
ARTICLE IX Planning & Zoning Commission
Sec. 9.01 Organization 25
Sec. 9.02 Duties and Powers 25
Sec. 9.03 Procedure 26
Sec. 9.04 The Comprehensive Plan: Procedure and Legal Effect 26
Sec. 9.05 Board of Adjustment 27
ARTICLE X Utility and Public Service Franchises and Licenses
Sec. 10.01 Authority 27
Sec. 10.02 Ordinance Granting Franchise 27
Sec. 10.03 Transfer of Franchise 27
Sec. 10.04 Franchise Value Not to be Allowed 27
Sec. 10.05 Right of Regulation 27
Sec. 10.06 Regulation of Rates 28
Sec. 10.07 Licenses 29
ARTICLE XI General Provisions
Sec. 11.01 Public Records 29
Sec. 11.02 Official Newspaper 29
Sec. 11.03 Oaths 29
Sec. 11.04 Severability 29
Sec. 11.05 Wording Interpretation 29
Sec. 11.06 Town Depository 29
ARTICLE XII Legal Provisions
Sec. 12.01 Assignment, Execution and Garnishment 30
Sec. 12.02 Security and Bond 30
Sec. 12.03 Notice of Claim 30
Sec. 12.04 Power to Settle Claims 30
Sec. 12.05 Service of Process Against the Town 30
Sec. 12.06 Judicial Notice 30
Sec. 12.07 Pending Matters 31
Sec. 12.08 Property Not Exempt from Special Assessments 31
Sec. 12.09 Town Council May Require Bonds 31
Sec. 12.10 Disaster Clause 31
ARTICLE XIII Transitional Provisions
Sec. 13.01 Effective Date 31
Sec. 13.02 Continuation of Elective Offices 31
Sec. 13.03 Continuation of Operation 32
Sec. 13.04 Officers and Employees 32
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ARTICLE XIV Nepotism, Prohibitions and Penalties
Sec. 14.01 Nepotism 32
Sec. 14.02 Equality of Rights 32
Sec. 14.03 Wrongful Influence 32
Sec. 14.04 Wrongful Interference 32
Sec. 14.05 Employee's Political Activities 32
Sec. 14.06 Penalties 32
Sec. 14.07 Indebtedness to Town 33
Sec. 14.08 Conflict of Interest 33
Sec. 14.09 No Officer or Employee to Accept Gifts, Etc 33
ARTICLE XV Review and Amendment of Charter
Sec. 15.01 Charter Review Commission 34
Sec. 15.02 Petition to Amend Charter 34
Sec. 15.03 Form of Petition to Amend Charter 34
Sec. 15.04 Various Papers Constituting Petition to Amend 35
Sec. 15.05 Presentation of Petition to the Town Council 35
Sec. 15.06 Calling of Election to Amend Charter 35
Sec. 15.07 Failure of the Town Council to Call an Election Following
Receipt of Valid Petition to Amend 35
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HOME RULE CHARTER
FOR
THE TOWN OF PROSPER, TEXAS
PREAMBLE
We, the citizens of Prosper, Texas, in order to establish a Home Rule municipal
government, provide for the future progress of our Town 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 of the Town
of Prosper, in Collin and Denton County, Texas living within the legally established boundaries of
the said Town, to be a political subdivision of the State of Texas, incorporated forever under the
name and style of the "Town of Prosper" with such powers, rights, privileges, authorities, duties,
and immunities, as are herein provided.
ARTICLE I
Form of Government and Boundaries
SECTION 1.01 Form of Government
The municipal government provided by this Charter, shall be known as the "Council-Manager
Government". Pursuant to its provisions, and subject only to the limitations imposed by the State
Constitution, the statutes of this State, and by this Charter, all powers of the Town shall be vested
in an elective council, hereinafter referred to as the "Town Council", which shall enact local
legislation, adopt budgets, determine policies, and appoint the Town Manager, who in turn, shall be
held responsible to the Town Council for the execution of the laws and the administration of the
government of the Town. All powers of the Town shall be exercised in the manner prescribed by
this Charter, or if the manner not be prescribed, then in such manner as may be prescribed by
ordinance, the State Constitution, or by the statutes of the State of Texas.
SECTION 1.02 The Boundaries
The citizens of the Town, Collin and Denton County, 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 "Town of Prosper" with such powers,
privileges, rights, duties, authorities, and immunities, as are herein provided.
SECTION 1.03 Extension of Boundaries
The boundaries of the Town may be enlarged and extended by the annexation of additional
territory, irrespective of size and configuration, by the method hereinafter set forth:
(1) The Town Council shall have the power by ordinance to fix the boundary limits of
the Town and to provide for the alteration and extension of said boundary limits,
and the annexation of additional territory lying adjacent to the Town, in any manner
provided by law.
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(2) When any additional territory has been so annexed, same shall be a part of the Town
and the property situated therein shall bear taxes levied by the Town, and the
citizens thereof shall be entitled to all the rights and privileges of the other citizens
of said Town, and shall be bound by the acts, ordinances, resolutions, and
regulations of the Town.
ARTICLE II
Powers of the Town
SECTION 2.01 General Powers of the Town
The Town shall have all powers and rights of self-government and home rule that exists now or
may be granted to municipalities by the Constitution and laws of the State of Texas, unless such
power or right is expressly prohibited or restricted by this Charter. The enumeration of particular
powers in this Charter shall not be held or deemed to be exclusive, and in addition to the powers
enumerated herein, implied herein or appropriate to the exercise thereof, the Town shall have and
may exercise 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 2.02 Public Improvements
The Town shall have the power to, among other things, construct and maintain, within or without
its corporate limits, public improvements as authorized by State statutes and such other public
improvements as the Town Council shall determine to serve a public purpose of the Town,
including but not limited to, constructing and maintaining streets, flood control and sanitary
facilities, water and storm drainage facilities in, over, under or upon all public property or
easements granted for that purpose and to levy assessments for the costs of such improvements.
The Town shall have the power to collect attorney's fees for the collection of paving assessment in
foreclosure cases as allowed under state law. It shall have the power to cause liens to be established
for the purpose of securing the payment of such levies and shall have the power to compel the use
of such improvements by the citizens of the Town.
SECTION 2.03 Miscellaneous Powers
The Town shall have the power to, among others, establish and maintain ordinances and
regulations governing the use of lands within the Town and to enforce by all lawful means these
ordinances and regulations, within and without its corporate limits. The Town shall have the power
to authorize, regulate and inspect all construction and existing structures within or without its
limits, consistent with state statutes, and to establish and enforce ordinances and regulations
concerning their use, construction and reconstruction. The Town shall have the power to contract
and be contracted with, to buy, sell, lease, lease-purchase, mortgage and/or manage property, to
acquire property by donation or condemnation, and to control such property as its interests require.
The Town shall have the power to license and regulate persons, corporations and associations
engaged in any business, occupation, profession or trade when authorized by state law. The Town
shall have all powers granted by any section of this Charter.
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ARTICLE III
The Town Council
SECTION 3.01 Composition
(1) The "Town Council" shall be composed of a "Mayor" and six (6) "Council
Members" elected under the Place System, with there being Places 1, 2, 3, 4, 5 and
6. The Mayor and each Council Member shall be elected at large, and unless sooner
removed under the provisions of this Charter, shall serve for a term of three (3)
years, and until their successor has been elected and duly qualified. All of the Town
Council holding office at the time of passage of any amendments to this Charter
shall continue to hold their respective office until the respective term for which they
were elected expires. The office of Place 6 shall be created on the date the Charter
becomes effective. The vacancy created by the addition of the office of Place 6
shall be filled by special election within one hundred twenty (120) days after such
vacancy occurs in accordance with the Texas Constitution and the Texas Election
Code. The term of Place 6 shall be from and after the special election to be held in
accordance with this paragraph until the May 2009 election.
(2) To initiate the three (3) year staggered terms, beginning with the May 2007 election,
for Places 1 and 2, there shall be a drawing of lots following the election to
determine which Place shall receive a two-year term and which Place shall receive a
three-year term; thereafter, Places 1 and 2 shall have three-year terms; and for the
May 2008 election, for Places 3, 4 and 5 there shall be a drawing of lots following
the election to determine which one Place shall receive a two-year term, and which
two (2) Places shall receive a three-year term; thereafter, Places 3, 4 and 5 shall have
three-year terms. The Mayor shall have a three-year term beginning with the May
2007 election, and Place 6 shall have a three-year term beginning with the May
2009 election.
SECTION 3.02 Qualifications of Town Council
In addition to any other qualifications prescribed by law, the Mayor and each Council Member
shall meet the qualifications set forth in Article V of this Charter while in office.
SECTION 3.03 Compensation
The Town Council shall be entitled to reimbursement for actual expenses incurred in the
performance of official duties with the approval of the Town Council at a public meeting.
SECTION 3.04 Mayor, Mayor Pro-Tem and Deputy Mayor Pro-Tem
(1) The Mayor shall attend and preside at meetings of the Town Council. The Mayor
shall participate in the discussion of all matters coming before the Town Council
and shall have a vote on all matters before the Town Council, The Mayor shall also
represent the Town in intergovernmental relationships, present an annual state of the
Town message, and perform other duties specified by the Town Council and/or
imposed by this Charter and by ordinances and resolutions passed in pursuance
thereof. Additionally, the Mayor may sign, after authorization by the Town
Council, all contracts and conveyances made or entered into by the Town and all
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bonds, warrants and any other obligation issued under the provisions of this Charter,
in the manner prescribed in the ordinance or resolution authorizing the signing of
any such obligation. The Mayor shall be recognized as head of the Town
government for all ceremonial purposes, and by the Governor for purposes of
military law, but shall have no regular administrative duties.
(2) The Mayor Pro-Tem shall be a Council Member elected by the Town Council at the
first regular meeting after each election of Council Members and/or Mayor. 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.
(3) The Deputy Mayor Pro-Tem shall be a Council Member elected by the Town
Council at the first regular meeting after each election of Council Members and/or
Mayor. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or
absence of the Mayor and Mayor Pro-Tem, and in this capacity shall have the rights
conferred upon the Mayor.
SECTION 3.05 Vacancies, Forfeiture and Filling of Vacancies
(1) The office of a Council Member or the Mayor shall become vacant upon his or her
death, resignation, forfeiture of, or removal from office by any manner authorized
by law.
(2) If any member of the Town Council is absent from three (3) consecutive regular
meetings, without explanation acceptable to a majority of the remaining members of
the Town Council, his or her office shall be declared vacant at the next regular
meeting of the Town Council by resolution.
(3) Any person on the Town Council who ceases to possess the required qualifications
for office or who is convicted of a felony or of a misdemeanor involving moral
turpitude or is convicted of violating any state laws regulating conflicts of interest of
municipal officers shall forfeit his or her office. Every forfeiture shall be declared
and enforced by the Town Council.
(4) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special
election within one hundred twenty (120) days after such vacancy occurs, in
accordance with the Texas Constitution and the Texas Election Code.
(5) A vacancy in the office of a Council Member, shall be filled by special election
within one hundred twenty (120) days after such vacancy occurs, in accordance with
the Texas Constitution and the Texas Election Code. If the vacated office is that of
Mayor Pro-Tem or Deputy Mayor Pro-Tem, the Town Council shall elect a new
Mayor Pro-Tem or Deputy Mayor Pro-Tem at the next regular meeting.
(6) Vacancies filled by special election shall be for the remainder of the term that was
vacated.
SECTION 3.06 Powers of the Town Council
All powers of the Town and the determination of all matters of policy shall be vested in the Town
Council. Except where in conflict with and otherwise expressly provided by this Charter, the Town
Council shall have all powers authorized to be exercised by the Constitution and laws of the United
States and the State of Texas and the acts amendatory thereof and supplementary thereto, now or
hereafter enacted. Without limitation of the foregoing and among the other powers that may be
exercised by the Town Council, the following are hereby enumerated for greater certainty:
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(1) Appoint and remove the Town Manager;
(2) Appoint and remove the Municipal Judge(s) of the Municipal court;
(3) Appoint and remove the Town Attorney;
(4) Designate items to appear on a future agenda of a Town Council meeting for
consideration and/or discussion;
(5) Establish administrative departments;
(6) Adopt the budget of the Town;
(7) Collectively inquire into the conduct of any office, department or agency of the
Town and make investigations as to municipal affairs;
(8) Provide for a Planning & Zoning Commission and a Board of Adjustment and other
boards as deemed necessary, and appoint the members of all such boards and
commissions. Such boards and commissions shall have all powers and duties now or
hereafter conferred and created by this Charter, by Town ordinance or by law;
(9) Adopt and modify the official map of the Town;
(10) Adopt, modify and carry out plans in cooperation with the Planning & Zoning
Commission for the replanning, improvement and redevelopment of specific areas
of the Town;
(11) Adopt, modify and carry out plans in cooperation with the Planning & Zoning
Commission for the replanning, reconstruction or redevelopment of any area or
district which may have been destroyed in whole or part by disaster;
(12) Regulate, license and fix the charges or fares made by any person owning, operating
or controlling any vehicle of any character used for the carrying of passengers for
hire on the public streets and alleys of the Town;
(13) Provide for the establishment and designation of fire limits and prescribe the kind
and character of buildings or structures or improvements to be erected therein;
provide for the erection of fireproof buildings within certain limits; and provide for
the condemnation of dangerous structures of buildings or dilapidated buildings or
buildings calculated to increase the fire hazard, and the manner of their removal or
destruction;
(14) Fix and regulate rates and charges of all utilities and public services;
(15) Adopt plats, unless the Town Council votes to give this authority to the Planning &
Zoning Commission or Town staff.
SECTION 3.07 Prohibitions
(1) Except where authorized by law or by this Charter, no Mayor or Council Member
shall hold any other Town office or Town employment during his or her term as
Mayor or Council Member. No former Mayor or Council Member shall hold any
compensated appointive office or Town employment until one (1) year after the
expiration of the term for which they were elected or appointed to the Town
Council.
(2) Members of the Town Council shall not in any way dictate the appointment or
removal of the Town administrative officers or employees whom the Town Manager
or any of the Town Manager's subordinates are empowered to appoint. The Town
Council, at a meeting called for that purpose, may express its views and fully and
freely discuss with the Town Manager anything pertaining to appointment and
removal of such officers and employees.
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(3) Except for the purpose of inquiries and investigations as provided by this Charter,
the Town Council shall deal with Town officers and employees who are subject to
the direction and supervision of the Town Manager solely through the Town
Manager. The Town Council shall not give orders to any such officer or employee
either publicly or privately except as otherwise provided in this Charter.
SECTION 3.08 Meetings of the Town Council
(1) The Town 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
Town. The Town Council shall fix by ordinance the date and time of the regular
meetings.
(2) Special meetings of the Town Council shall be held at the call of the Mayor or a
majority of the Council Members upon provision of public notice in accordance
with state law.
(3) Except as provided by state law, all Town Council meetings shall be open to the
public and shall be held and notice given in accordance with the Texas Open
Meetings Act.
SECTION 3.09 Quorum
Four (4) members of the Town Council shall constitute a quorum for the purpose of transaction of
business. No action of the Town Council, except as specifically provided in this Charter, shall be
valid or binding unless adopted by the affirmative vote of a majority of the Town Council present.
SECTION 3.10 Conflict of Interest
Should any person on the Town Council have a conflict of interest, pursuant to any state laws
and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda item
then before the Town Council, he or she shall openly declare same before discussion proceeds, and
he or she is thereby prohibited from discussing the item or voting on the question, and is not
considered as present and voting for the purposes of the tally.
SECTION 3.11 Abstention
Should any person on the Town Council choose to abstain from voting on any question before the
Town Council, where no conflict of interest exists, the person's vote shall be recorded as a negative
vote in the official minutes of the meeting.
SECTION 3.12 Rules of Procedure
The Town Council shall determine, which may be done by ordinance, resolution or otherwise, its
own rules of order and business. The Town Council shall provide that the citizens of the Town
shall have a reasonable opportunity to clearly hear and be heard at public hearings with regard to
specific matters under consideration. The Town Council shall provide for minutes to be taken and
recorded for all public meetings as required by law. Such minutes shall be a public record and shall
be kept and maintained by the person performing the duties of the Town Secretary.
SECTION 3.13 Passage of Ordinances in General
(1) The Town Council shall legislate by ordinance only, and the enacting clause of
every ordinance shall be `Be it ordained by the Town Council of the Town of
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Prosper, Texas . . . .". Each proposed ordinance shall be introduced in the written or
printed form required for adoption. No ordinance shall contain more than one (1)
subject which shall be clearly expressed in its title. General appropriation ordinances
may contain various subjects and accounts for which monies are to be appropriated.
After adoption, an ordinance shall not be amended or repealed except by the
adoption of another ordinance amending or repealing the original ordinance. Copies
of any proposed ordinance, in the form required for adoption, shall be furnished to
the Town Council. Copies of the proposed ordinance, in the form required for
adoption, shall be available at the Town offices and shall be furnished citizens upon
request to the Town Secretary from and after the date on which such proposed
ordinance is posted as an agenda item for a Town Council meeting and, if amended,
shall be available and furnished in amended form for as long as the proposed
ordinance is before the Town Council.
(2) A proposed ordinance which has been amended in substance after its placement on
the agenda for a Town Council meeting may not be voted on at such meeting. Such
amended ordinance shall be placed upon the agenda of a subsequent meeting of the
Town Council in accordance with the provisions of this Article. All persons
interested in such ordinance shall have a reasonable opportunity to be heard.
(3) Unless otherwise required by law, every ordinance shall become effective upon
adoption or at any later time(s) specified in the ordinance, except that every
ordinance imposing any penalty, fine or forfeiture shall become effective only after
having been published once in its entirety or summary form after adoption, in a
newspaper designated as the official newspaper of the Town.
(4) If a majority of the Town Council present request that the ordinance title and caption
or its entirety be read, it must be read.
SECTION 3.14 Emergency Ordinances
(1) The Town Council may adopt emergency ordinances only to meet public
emergencies affecting life, health, property or the public peace. In particular, such
ordinances shall not levy taxes, grant or renew or extend a franchise, or regulate the
rate charged by any public utility for its services. Neither shall they authorize the
borrowing of money except as provided elsewhere in this Charter.
(2) An emergency ordinance shall be introduced in the form and manner generally
prescribed for ordinances, except that they shall be plainly designated in the title as
an emergency ordinance and shall contain after the enacting clause a declaration
stating that an emergency exists and describing the emergency in clear and specific
terms.
(3) An emergency ordinance may be introduced at any Town Council meeting and can
be adopted with or without amendment or rejected at the meeting at which it is
introduced. The affirmative vote of at least five (5) members of the Town Council
shall be required for adoption.
(4) Emergency ordinances shall become effective upon adoption and shall be published
as soon thereafter as practicable. Every emergency ordinance so adopted, except one
authorizing the borrowing of money as described herein, is automatically repealed
as of the sixty-first (61S) day following the day on which it became effective. The
ordinance may be re-enacted if the emergency still exists.
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SECTION 3.15 Authentication, Recording, Codification, Printing and Distribution
(1) All ordinances and resolutions adopted by the Town Council shall be authenticated
by seal and signature of the person performing the duties of the Town Secretary and
numbered consecutively as adopted. They shall be properly indexed and placed in a
book kept open for public inspection.
(2) The Town Council may codify the ordinances of the Town. If adopted, the
codification shall be known and cited as "The Prosper Town 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 Town may be omitted without affecting the validity of such
ordinances when codified. Every general ordinance enacted subsequent to such
codification shall be enacted as an amendment to the code. For the purpose of this
section, general ordinances shall be deemed to be those ordinances of a permanent
or continuing nature which affect the residents of the Town at large. Copies of the
code shall be furnished to Town Officers, placed in Town offices and made
available for purchase by the public at a reasonable price to be fixed by the Town
Council.
(3) The Town Council shall cause all ordinances and amendments to this Charter to be
printed promptly following their adoption. A copy of each ordinance and
amendment shall be placed in appropriate Town offices for public reference.
Printed ordinances and Charter amendments shall be sold to the public at a
reasonable price to be fixed by the Town Council.
SECTION 3.16 Investigations by the Town Council
The Town Council shall have the power to inquire into the official conduct of any department,
agency, office, officer or employee of the Town. For that purpose, the Town Council shall have
the power to administer oaths, subpoena witnesses and compel the production of books, papers or
other evidence material to the inquiry. The Town Council shall provide, by ordinance, penalties for
contempt for failing or refusing to obey any such subpoena 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
the ordinance.
SECTION 3.17 Bond
The Town Council shall require bonds of all municipal officers and employees who receive or pay
out any monies of the Town. The amount of the bonds shall be determined by the Town Council
and the cost shall be borne by the Town.
SECTION 3.18 Code of Ethics
The Town Council shall, within one hundred eighty (180) days after the date of the May 2007
election, adopt, by ordinance or resolution, a Code of Ethics for the purpose of, among other things,
establishing and defining the bounds of reasonable ethical behavior by the Town Council and all
appointed Town Officials.
ARTICLE IV
Town Administration
SECTION 4.01 Town Manager
(1) The Town Council shall appoint, upon the affirmative vote of a majority of the full
membership of the Town Council, a Town Manager who shall serve as Chief
Administrative Officer of the Town. The Town Manager shall be responsible to the
Town Council for administration of all the affairs of the Town, with only those
exceptions that are named in this Charter. The Town Manager shall be appointed
solely upon the Town Manager's executive, administrative and educational
qualifications. The Town Manager need not be a resident of the Town when
appointed, but shall, if required by the Town Council, reside within the Town during
the balance of the tenure of his or her appointment.
(2) The Town Council shall fix the compensation of the Town Manager, and the Town
Manager's compensation may be amended, from time to time, in accordance with
the Town Manager's experience, qualifications and performance.
(3) The Town Manager shall be appointed for an indefinite term, and may be removed
at the discretion of the Town Council by the affirmative vote of a majority of the full
membership of the Town Council. Upon decision to remove the Town Manager,
notice, in writing, of such decision shall be furnished to him or her.
(4) In case of the absence, disability or suspension of the Town Manager, the Town
Council may designate a qualified administrative officer of the Town to perform the
duties of the office.
(5) The Town Manager shall:
(A) Appoint, suspend and remove all Town employees and appointive
administrative officers provided for in this Charter, except as otherwise
provided by law, this Charter or personnel rules adopted pursuant thereto;
(B) Direct and supervise the administration of all departments, offices and
agencies of the Town, except as otherwise provided by law or this Charter;
(C) See that all state laws and Town ordinances are effectively enforced;
(D) Attend all Town Council meetings, with the right to take part in discussion,
but the Town Manager shall not vote;
(E) Prepare and accept, or designate an appropriate department head or Town
employee to prepare and accept, items for inclusion in the official agenda of
all Town Council meetings and meetings of all boards and commissions;
(F) Prepare and recommend to the Town Council the annual budget and capital
program, and administer the budget as adopted by the Town Council;
(G) Keep the Town Council fully advised at least quarterly as to the financial
conditions and future needs of the Town, and make such recommendations
concerning the affairs of the Town, as the Town Manager or the Town
Council deems desirable or necessary;
(H) Make reports as the Town Manager or the Town Council may require
concerning the operations of the Town departments, offices, or agencies
subject to the Town Manager's direction or supervision; and
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(I) Perform such other duties as are specified in this Charter or may be required
by the Town Council, and are consistent with this Charter or state or federal
law.
SECTION 4.02 Town Secretary
(1) The Town Manager shall be responsible for hiring and terminating the Town
Secretary.
(2) The Town Manager shall fix the compensation of the Town Secretary, and the Town
Secretary's compensation may be amended, from time to time, in accordance with
the Town Secretary's experience, qualifications and performance.
(3) The Town Secretary shall:
(A) Give notice of all official public meetings of the Town Council in a manner
consistent with this Charter and state laws;
(B) Attend all public meetings and hearings of the Town Council;
(C) Keep the minutes of the proceedings of all public official meetings and
hearings of the Town Council in a manner prescribed by the Town Council
consistent with applicable law;
(D) Act as custodian of all official records of the Town Council;
(E) Hold and maintain the seal of the Town and affix this seal to all appropriate
documents;
(F) Authenticate by signature and seal and record all ordinances, resolutions and
proclamations of the Town; and
(G) Perform such other duties as may be required by the Town Manager
consistent with this Charter and the laws of the State of Texas.
SECTION 4.03 Municipal Court
(1) The Town Council shall establish and cause to be maintained a Municipal Court.
The Court shall have all the powers and duties as are now, or as may be, prescribed
by the laws of the State of Texas.
(2) The Town Council shall appoint by the affirmative vote of a majority of the full
membership of the Town Council such Municipal Judges of the Municipal Court as
may be necessary. The Municipal Judge(s) of the Municipal Court(s) shall be
appointed to a term of two (2) years and may be appointed to additional consecutive
terms upon completion of his/her/their term(s) of office. The appointment of the
Municipal Judge(s) may be terminated at any time by the affirmative vote of a
majority of the full membership of the Town Council. The Municipal Judge(s) shall
receive compensation as may be determined by the Town Council.
(3) In the event of failure of any Municipal Judge to perform his or her duties, the
Mayor shall act in the Municipal Judge's place and stead (and in the event of a
vacancy, until a Municipal Judge is appointed by the Town Council to fill the
vacancy). If the Mayor acts as Municipal Judge, the Mayor shall be compensated at
the same salary, if any, as the Municipal Judge for whom the Mayor is acting.
(4) The Clerk and Deputy Clerks of the Municipal Court(s) shall have the power to
administer oaths, certify affidavits, make certificates, affix the seal of the Court, and
perform all usual and necessary clerical acts in conducting the business of the
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Court(s) including but not limited to, the keeping of records and accounts of the
Municipal Court(s).
(5) All special expenses and fines imposed by the Municipal Court(s) shall be paid into
the Town Treasury for the use and benefit of the Town, as may be consistent with
present and future laws.
SECTION 4.04 Town Attorney
(1) The Town Council shall appoint by the affirmative vote of a majority of the full
membership of the Town Council a competent, duly qualified licensed and
practicing attorney in the State of Texas who shall serve as the Town Attorney.
(2) The Town Attorney shall:
(A) Serve as the legal advisor to the Town Council and Town Manager;
(B) Represent the Town in litigation and legal proceedings as directed by the
Town Council and the Town Manager; and
(C) Review and provide opinions as requested by the Town Council or Town
Manager on contracts, legal instruments, ordinances of the Town and other
Town business.
(3) The Town Council shall have the right to retain special counsel at any time that it
may deem necessary and appropriate.
(4) The Town Attorney and Special Counsel shall receive compensation as may be
determined by the Town Council.
(5) The Town Attorney, with approval of the Town Council, may select additional
attorneys to act for him or her and the Town in its representation and/or litigation.
(6) The Town Attorney may be removed by the affirmative vote of a majority of the full
membership of the Town Council.
SECTION 4.05 Administrative Departments, Offices and Agencies
(1) The Town Council may, after hearing recommendations of the Town Manager,
establish, abolish, redesignate and/or combine departments, offices or agencies in
addition to those provided for by this Charter, and may prescribe the functions and
duties of such departments, offices and agencies.
(2) Except as provided elsewhere in this Charter, all departments, offices and agencies
of the Town shall be under the direction and supervision of the Town Manager, and
shall be administered by officers appointed by and subject to the direction and
supervision of the Town Manager. The Town Manager may, with the consent of the
Town Council, serve as the head of one (1) or more Town departments, offices or
agencies or appoint one (1) person as head of two (2) or more of them.
(3) The Town Manager may appoint a Town Tax Collector, whose duties and functions
shall be those usual to the office and consistent to existing or future laws of the State
of Texas as they may apply to Town or County Tax Collectors. The Town Manager
may recommend that the Town Council enter into an outside contract for such
services.
SECTION 4.06 Personnel System
(1) Personnel rules shall be prepared by the Town Manager and presented to the Town
Council, who may adopt them by ordinance, with or without amendment. The
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adopted rules shall establish the Town as an Equal Opportunity Employer and shall
govern the equitable administration of the Personnel System of the Town.
(2) The adopted rules shall provide for the following requirements:
(A) A pay and benefit plan for all Town employment positions;
(B) A plan for working hours, attendance policy and regulation and provision for
sick and vacation leave;
(C) Procedure for the hearing and adjudication of grievances;
(D) Additional practices and procedures necessary to the beneficial and equitable
administration of the Town's personnel system; and
(E) A plan for annual oral and written evaluation based on a job description for
all Town employees by their immediate supervisor, including evaluation of
the Town Manager, Town Secretary, Municipal Judge, and Town Attorney
by the Town Council.
ARTICLE V
Nominations and Elections
SECTION 5.01 Town Elections
(1) All Town elections shall be conducted in accordance with the Texas Election Code.
(2) The regular Town election shall be held annually on the second Saturday in May or
such other date as required by the Texas Election Code. The Town Council shall be
responsible for specification of places for holding such elections.
(3) The Town Council may, by resolution, order a special election for purposes
consistent with this Charter and laws of the State of Texas. The Town Council will
fix the time and places for such a special election, and provide all means for holding
same.
(4) Municipal elections shall be conducted by election officials appointed by the Town
Council, or as prescribed by law. Sample ballots identical in format to those used in
the specific election shall be posted in the voting place(s) for the purpose of voter
orientation.
(5) All municipal elections shall be publicized in accordance with the Texas Election
Code.
(6) A sample ballot shall be published twice in the official newspaper of the Town.
SECTION 5.02 Filing for Office
(1) Candidates for elective Town offices shall file for office in accordance with the
Texas Election Code.
(2) Candidates for elective Town offices shall meet the following qualifications:
(A) Shall be at least eighteen (18) years of age at the time of the election for
which they are filing;
(B) Shall meet all requirements to be a qualified voter set forth in the Texas
Election Code at the time of he election for which they are filing;
(C) Shall have resided within the corporate limits of the Town, or recently
annexed territory, for at least twelve (12) months prior to the filing date;
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(D) Shall not, at the time of filing or while in office, be in arrears in payment of
taxes or other liabilities due the Town after notice of any delinquency;
(E) No candidate may file in a single election for more than one (1) office or
position as provided by this Charter;
(F) No employee of the Town shall continue in such position after filing for an
elective office provided for in this Charter;
(G) The office of an incumbent elected Town official shall become vacant when
the person holding such office files an application to have his or her name
placed on an official ballot as a candidate for any elective public office other
than the one such person holds, unless otherwise prohibited by law; and
(H) Shall comply with all other Town ordinances or resolutions that may be
applicable.
SECTION 5.03 Official Ballots
(1) The name of each candidate seeking 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. If
two (2) or more candidates have the same surname, their residence addresses shall
be printed with their names on the ballot.
(2) The order of the names of the candidates on the ballot shall be determined by lot in a
public drawing to be held under the supervision of the person performing the duties
of the Town Secretary in accordance with the Texas Election Code.
(3) Procedures for voting by absentee ballot shall be consistent with the Texas Election
Code.
(4) An ordinance, bond issue, or Charter amendment to be voted on by the voters of the
Town shall be presented for voting by a clear, concise statement of the proposition,
approved by the Town Council, which statement shall describe the substance of the
measure without argument or prejudice.
(5) Procedures for write-in votes shall be consistent with the Texas Election Code.
SECTION 5.04 Official Results
(1) The candidate for elective office receiving a majority of the votes cast shall be
declared the winner. In the event that no candidate receives a majority of all votes
cast for any one place at such election, the Town Council shall, upon completion of
the official canvass of the ballots, issue a call for a runoff election to be held within
thirty (30) days following the issuance of such call, or in accordance with the Texas
Election Code. At such runoff election, the two (2) candidates receiving the highest
number of votes (or three (3) persons in case of tie for second place) for any one
place in the first election shall again be voted for.
(2) The returns of every municipal election shall be handled in accordance with the
Texas Election Code. These returns shall be delivered from the election judges to
the person performing the duties of the Town Secretary and the Mayor at Town Hall
as soon as possible after the closing of the polls. Election returns, general and
special, shall be presented to the Town Council at their next meeting following the
election, at which time the Town Council shall canvass and declare the results of the
election, which shall be recorded in the minutes of the meeting.
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SECTION 5.05 Taking of Office
(1) Each newly elected person to the Town Council shall be inducted into office at the
first regular Town Council meeting following the election.
(2) At such meeting the oath shall be in accordance with the Town Charter.
ARTICLE VI
Recall, Initiative, and Referendum
SECTION 6.01 Scope of Recall
Any elected Town official, whether elected to office by registered voters or appointed by the Town
Council to fill a vacancy, shall be subject to recall and removal from office by the registered voters
of the Town on grounds of incompetency, misconduct, or malfeasance in office.
SECTION 6.02 Petitions for Recall
Before the question of recall of such officer shall be submitted to the registered voters of the Town,
a petition demanding such question to be so submitted shall first be filed with the person
performing duties of Town Secretary, which said petition must be signed by thirty percent (30%) of
the number of votes cast at the last regular Town election, or one hundred and fifty (150),
whichever is greater. Each signer of such recall petition shall be a registered voter and personally
sign his or her name thereto in ink or indelible pencil. For a petition signature to be valid it must
comply with the requirements for a valid signature set forth in Chapter 277 of the Texas Election
Code.
SECTION 6.03 Form of Recall Petition
The recall petition mentioned above must be addressed to the Town Council of the Town, must be
distinctly and specifically pointed to the grounds upon which such petition for removal is
predicated, and, if there be more than one (1) ground, said petition shall specifically state each
ground with such certainty as to give the officer sought to be removed notice of the matters and
things with which the officer is charged. The petition shall be verified by oath in the following
form:
"State of Texas"
County of
I, , being first duly sworn, on oath depose and say that I am one of the signers of
the above petition, and that the statements made therein are true, and that each signature appearing
thereto was made in my presence on the day and date it purports to have been made, and I solemnly
swear that the same is the genuine signature of the person it purports to be.
Signature
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Sworn and subscribed before me this day of , 20 .
Signed
Notary Public in mmmITITm
and for
State of Texas
SECTION 6.04 Various Papers Constituting Recall Petition
The petition may consist of one (1) or more copies, or subscription lists, circulated separately, and
the signatures thereto may be upon the paper or papers containing the form of petition, or upon
other paper attached thereto. Verifications provided for in Section 6.03 of this Article may be made
by one (1) or more petitioners, and the several parts of copies of the petition may be filed
separately and by different persons, but no signatures to such petition shall remain effective or be
counted which were placed thereon more than one hundred eighty (180) days, or such other length
of time as may be allowed by the Texas Election Code, prior to the filing of such petition or
petitions with the person performing the duties of Town Secretary. All papers comprising a recall
petition shall be filed with the person performing the duties of Town Secretary on the same day,
and the said person performing the duties of Town Secretary shall immediately notify, in writing,
the officer so sought to be removed, by mailing such notice to the officer's Town address.
SECTION 6.05 Presentation of Petition to the Town Council
Within twenty-one (2 1) days after the date of the filing of the papers constituting the recall petition,
the person performing the duties of Town Secretary shall verify the number of valid signatures and
present such petition to the Town Council of the Town.
SECTION 6.06 Public Hearing to be Held
The officer whose removal is sought may, within seven (7) days after such recall petition has been
presented to the Town Council, request that a public hearing be held to permit him or her to present
the facts pertinent to the charges specified in the recall petition. In this event, the Town Council
shall order such public hearing to be held, not less than five (5) days nor more than fifteen (15)
days after receiving such request for a public hearing.
SECTION 6.07 Calling of Recall Election
If the officer whose removal is sought does not resign, then the Town Council shall order an
election and set the date for holding such recall election. The date selected for the recall election
shall be in accordance with the Texas Election Code. If after the recall election date is established,
the officer vacates his or her position, the election shall be cancelled.
SECTION 6.08 Ballots in Recall Election
Ballots used at recall elections shall conform to the following requirements:
(1) With respect to each person whose removal is sought, the question shall be
submitted: "Shall be removed from the office of
by recall?"
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(2) Immediately below each such question there shall be printed the following words,
one above the other, in the order indicated:
"Yes"
"No"
SECTION 6.09 Result of Recall Election
If a majority of the votes cast at a recall election shall be "No", that is against the recall of the
person named on the ballot, the officer shall continue in office for the remainder of his or her
unexpired term, subject to recall as before. If a majority of the votes cast at such election be "Yes",
that is for the recall of the person named on the ballot, the officer shall, regardless of any technical
defects in the recall petition, be deemed removed from office and the vacancy be filled by the
Town Council as provided in this Charter.
SECTION 6.10 Recall, Restrictions Thereon
No recall petition shall be filed against any officer of the Town within three (3) months after the
officer's election, nor within three (3) months after an election for such officer's recall.
SECTION 6.11 Failure of the Town Council to Call an Election-Recall
In case that all the requirements of this Charter shall have been met and the Town Council shall fail
or refuse to receive the recall petition, or order such recall election, or discharge any other duties
imposed on the Town Council by the provisions of this Charter with reference to such recall, then
the District Judge of Collin County, Texas, shall discharge any of such duties herein provided to be
discharged by the person performing the duties of Town Secretary or by the Town Council.
SECTION 6.12 General Power of Initiative and Referendum
The registered voters of the Town, in addition to the method of legislation herein before provided,
shall have the power of direct legislation by the initiative and referendum.
(1) Initiative: Such power shall not extend to the budget or capital program or any
ordinance not subject to initiative as provided by state law, relating to appropriation
of money, issuing of bonds, levy of taxes or salaries of Town officers or employees.
(2) Referendum: Such power shall not extend to the budget or capital program or any
emergency ordinance or ordinance not subject to referendum as provided by state
law, relating to appropriation of money, issuing of bonds, or levy of taxes.
SECTION 6.13 Initiative
Following a review by the Town Attorney for enforceability and legality, registered voters of the
Town may initiate legislation by submitting a petition addressed to the Town Council which
requests the submission of a proposed ordinance or resolution to a vote of the registered voters of
the Town. Said petition must be signed by thirty percent (30%) of the number of votes cast at the
last regular Town election, or one hundred and fifty (150), whichever is greater, and each copy of
the petition shall have attached to it a copy of the proposed legislation. The petition shall be signed
in the same manner as recall petitions are signed, as provided in this Article, and shall be verified
by oath in the manner and form provided for recall petitions in this Article. The petition may
consist of one (1) or more copies as permitted for recall petitions. Such petition shall be filed with
the person performing the duties of Town Secretary. Within twenty-one (21) days after the filing of
such petition, the person performing the duties of Town Secretary shall present said petition and
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proposed ordinance or resolution to the Town Council. Upon presentation to the Town Council, it
shall become the duty of the Town Council, within two (2) regularly scheduled Town Council
meetings after the receipt thereof, to pass and adopt such ordinance or resolution without alteration
as to meaning or effect in the opinion of the persons filing the petition, or to call a special election,
to be held within thirty (30) days thereafter and/or on a date allowed under the Texas Election
Code, at which the registered voters of the Town shall vote on the question of adopting or rejecting
the proposed legislation. However, if any other municipal election is to be held within sixty (60)
days after the filing of the petition, the question may be voted on at such election. Any election
order so issued shall comply fully with the Texas Election Code. Unless otherwise provided by
law, any election for an initiative under this Charter shall be held on the first authorized Ulliforn
election date that occurs after the sixty-fifth (65"h) daffy after the petition was presented to the ".11"own
Council.
SECTION 6.14 Referendum
Registered voters of the Town may require that any ordinance or resolution, with the exception of
ordinances or resolutions appropriating money, authorizing the issuance of public securities or
levying taxes, passed by the Town Council be submitted to the voters of the Town for approval or
disapproval, by submitting a petition for this purpose within thirty (30) days after final passage of
said ordinance or resolution, or within thirty (30) days after its publication. Said petition shall be
addressed, signed, and verified as required for recall petitions in this Article and shall be submitted
to the person performing the duties of Town Secretary. Immediately upon the filing of such
petition, the person performing the duties of Town Secretary shall present said petition to the Town
Council. Thereupon the Town Council shall immediately reconsider such ordinance or resolution
and, if the Town Council does not entirely repeal the same, shall submit it to popular vote as
provided in Section 6.13 of this Charter. Pending the holding of such election, each ordinance or
resolution shall be suspended from taking effect and shall not later take effect unless a majority of
the qualified voters voting thereon at such election shall vote in favor thereof. Unless otherwise
provided by law, any election for a referendum under this Charter shall be held on the first
authorized uniform election date that occurs after the sixty-fifth (65`h) day after the petition was
presented to the Town Council.
SECTION 6.15 Voluntary Submission of Legislation by the Town Council
The Town Council, upon its own motion and by the affirmative vote of a majority of the full
membership of the Town Council, may submit to popular vote at any election for adoption or
rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing
ordinance, or resolution, or measure, in the same manner and with the same force and effect as
provided in this Article for submission of petition, and may at its discretion call a special election
for this purpose.
SECTION 6.16 Form of Ballots
The ballots used when voting upon such proposed and referred ordinance, resolutions or measures,
shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines
the words:
"For the Ordinance" or
"Against the Ordinance" or
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"For the Resolution" or
"Against the Resolution"
SECTION 6.17 Publication of Proposed and Referred Ordinances
The person performing the duties of Town Secretary of the Town shall publish at least twice in the
official newspaper of the Town the proposed or referred ordinance or resolution within fifteen (15)
days before the date of the election, and shall give such other notices and do such other things
relative to such election as are required by law in municipal elections and by the ordinance or
resolution calling said election.
SECTION 6.18 Adoption of Ordinances
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure
shall vote in favor thereof, it shall thereupon or at any time fixed therein, become effective as a law
or as a mandatory order of the Town Council.
SECTION 6.19 Inconsistent Ordinances
If the provisions of two (2) or more proposed ordinances or resolutions approved at the same
election are inconsistent, the ordinance or resolution receiving the highest number of votes shall
prevail.
SECTION 6.20 Ordinances Passed by Popular Vote, Repeal or Amendment
No ordinance or resolution which may have been passed by the Town Council upon a petition or
adopted by popular vote under the provisions of this Article shall be repealed or amended except by
the Town Council in response to a referendum petition or by submission as provided by Section
6.15 of this Charter.
SECTION 6.21 Further Regulations by the Town Council
The Town Council may pass ordinances or resolutions providing other and further regulations for
carrying out the provisions of this Article consistent herewith.
SECTION 6.22 Failure of the Town Council to Call an Election-Initiative or Referendum
In case that all of the requirements of this Charter shall have been met and the Town Council shall
fail or refuse to receive the initiative or referendum petition, or order such initiative or referendum
election, or discharge any other duties imposed on the Town Council by the provisions of this
Charter with reference to such initiative or referendum, then the District Judge of Collin County,
Texas, shall discharge any of such duties herein provided to be discharged by the person
performing the duties of Town Secretary or by the Town Council.
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ARTICLE VII
Financial Procedures
SECTION 7.01 Fiscal Year
The fiscal year of the Town shall begin on the first day of October and end on the last day of
September on the next succeeding year. Such fiscal year shall also constitute the budget and
accounting year.
SECTION 7.02 Submission of Budget and Budget Message
On or before the fifteenth (15th) day of,august of the fiscal year, the Town Manager shall submit to
the Town Council a budget for the ensuing fiscal year and an accompanying budget message.
SECTION 7.03 Budget Message
The Town Manager's message shall explain the budget both in fiscal terms and in terms of the work
programs. It shall outline the proposed financial policies of the Town for the ensuing fiscal year,
describe the important features of the budget, indicate any major changes from the current year in
financial policies, expenditures, and revenues together with the reasons for such changes,
summarize the Town's debt position and include such other material as the Town Manager deems
desirable.
SECTION 7.04 Budget a Public Record
The budget and all supporting schedules shall be filed with the person performing the duties of
Town Secretary when submitted to the Town Council and shall be open to public inspection by
anyone interested.
SECTION 7.05 Public Hearing on Budget
At the Town Council meeting when the budget is submitted, the Town Council shall name the date
and place of a public hearing and shall have published in the official newspaper of the Town, at
least twice, the time and place, which will be not less than ten (10) days nor more than thirty (30)
days after the date of notice. At this hearing, interested citizens may express their opinions
concerning items of expenditures, giving their reasons for wishing to increase or decrease any
items of expense.
SECTION 7.06 Proceeding on Adoption of Budget
After public hearing, the Town Council shall analyze the budget, making any additions or deletions
which they feel appropriate, and shall, at least ten (10) days prior to the beginning of the next fiscal
year, adopt the budget by the affirmative vote of a majority of the full membership of the Town
Council. Should the Town Council take no final action on or prior to such day, the current budget
shall be in force on a month-to-month basis until a new budget is adopted.
SECTION 7.07 Budget, Appropriation and Amount to be Raised by Taxation
On final adoption, the budget shall be in effect for the budget year. Final adoption of the budget by
the Town Council shall constitute the official appropriations as proposed by expenditures for the
current year and shall constitute the basis of official levy of the property tax as the amount of tax to
be assessed and collected for the corresponding tax year. Estimated expenditures will in no case
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exceed proposed revenue plus the undesignated fund balance from the previous fiscal year. Unused
appropriations may be transferred to any item required for the same general purpose.
SECTION 7.08 Contingent Appropriation
Provision shall be made in the annual budget and in the appropriation ordinance for a contingent
appropriation in an amount not less than ten percent (10%) of the total general fund expenditures,
to be used in case of unforeseen items of expenditures. This contingent appropriation shall apply to
current operating expenses and shall not include any amount of reserves maintained by the Town.
Such contingent appropriation shall be under the control of the Town Manager and distributed by
him or her only after prior approval by the Town Council. The proceeds of the contingent
appropriation shall be disbursed only by transfer to other departmental appropriation, the spending
of which shall be charged to the departments or activities for which the appropriations are made.
SECTION 7.09 Amending the Budget
Under conditions which may arise and which could not reasonably have been foreseen in the
normal process of planning the budget, the Town Council may, by the affirmative vote of a
majority of the full membership of the Town Council, amend or change the budget to provide for
any additional expense in which the general welfare of the citizenry is involved. These amendments
shall be by ordinance, and shall become an attachment to the original budget.
SECTION 7.10 Certification; Copies Made Available
A copy of the budget, as finally adopted, shall be filed with the person performing the duties of
Town Secretary and such other places required by state law or as the Town Council shall designate.
The final budget shall be printed or otherwise reproduced and sufficient copies shall be made
available for the use of all offices, agencies, and for the use of interested persons and civic
organizations.
SECTION 7.11 Capital Program
The Town Manager shall submit a five-year (5-year) capital program as an attachment to the annual
budget. The program as submitted shall include:
(1) A clear general summary of its contents;
(2) A list of all capital improvements which are proposed to be undertaken during the
five (5) fiscal years succeeding the budget year, with appropriate supporting
information as to the necessity for such improvements;
(3) Cost estimates, method of financing, and recommended time schedules for each
improvement; and
(4) 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 process of construction or acquisition.
SECTION 7.12 Defect Shall Not Invalidate the Tax Levy
Errors or defects in the form or preparation of the budget or the failure to perform any procedural
requirements shall not nullify the tax levy or the tax rate.
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SECTION 7.13 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 had 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 7.14 Borrowing
The Town shall have the power to borrow money on the credit of the Town and to issue or incur
bonds and other evidences of indebtedness to finance public improvements or for any other public
purpose not prohibited by the Constitution and the laws of the State of Texas and to issue refunding
bonds to refund outstanding bonds and other evidences of indebtedness of the Town previously
issued.
All such bonds and other evidences of indebtedness shall be issued in conformity with the laws of
the State of Texas and may be secured by or paid, in whole or in part, from ad valorem tax
revenues, revenues derived from other taxing powers of the Town, revenues derived by the Town
from any fee or service charge, including revenues derived from the operations of any public
utilities, utility systems, recreational facilities or any other municipal function to the extent not
prohibited by the Constitution and laws of the State of Texas. Such bonds or evidences of
indebtedness may be a charge upon and payable from the properties, or interest therein pledged, or
the income therefrom, or both to the extent not prohibited by the Constitution or laws of the State
of Texas. The proceeds of bonds or other evidences of indebtedness issued or incurred by the Town
shall be used only for the purpose for which the bonds or other indebtedness was issued or
incurred.
SECTION 7.15 Purchasing
(1) The Town Council may by ordinance, give the Town Manager general authority to
contract for expenditure without further approval of the Town Council for all
budgeted items not exceeding limits set by the Town Council within the ordinance.
(2) All contracts for expenditures or purchases involving more than the limits must be
expressly approved in advance by the Town Council. All contracts or purchases
involving more than the limits set by the Town Council shall be awarded by the
Town Council in accordance with state law.
(3) Emergency contracts as authorized by law and this Charter may be negotiated by the
Town Council or Town Manager if given authority by the Town Council, without
competitive bidding, and in accordance with state law. Such emergency may be
declared by the Town Manager and approved by the Town Council or declared by
the Town Council.
SECTION 7.16 Administration of Budget
(1) No payment shall be made or obligation incurred against any allotment or
appropriation except in accordance with appropriations duly made, unless the Town
Manager, or the Town Manager's designee, first certifies that there is a sufficient
unencumbered balance in such allotment or appropriation and that sufficient funds
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therefrom are or will be available to cover the claim or meet the obligation when it
becomes due and payable.
(2) Any authorization of payment or incurring of obligation in violation of the
provisions of this Charter shall be void and any payment so made illegal. Such
action shall be cause for removal of any officer who knowingly authorized or made
such payment or incurred such payment or obligation, and the officer shall also be
liable to the Town for any amount so paid.
(3) 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 pledge of taxes, 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, providing that
such action is made or approved by ordinance.
(4) The Town Manager shall submit to the Town Council each month a report covering
the revenues and expenditures of the Town in such form as requested by the Town
Council.
SECTION 7.17 Depository
All monies received by any person, department or agency of the Town for or in connection with the
affairs of the Town shall be deposited promptly in the Town depository or depositories. The Town
depositories shall be designated by the Town Council in accordance with such regulations and
subject to the requirements as to security for deposits and interest thereon as may be established by
ordinance and law. Procedures for withdrawal of money or the disbursement of funds from the
Town depositories shall be prescribed by ordinance.
SECTION 7.18 Independent Audit
At the close of each fiscal year, and at such other times as may be deemed necessary, the Town
Council shall call for an independent audit to be made of all accounts of the Town by a certified
public accountant. No more than five (5) consecutive annual audits shall be completed by the same
firm. The certified public accountant selected shall have no personal interest, directly or indirectly,
in the financial affairs of the Town or any of its officers. The report of audit, with the auditor's
recommendations will be made to the Town Council. Upon completion of the audit, the summary
shall be published immediately in the official newspaper of the Town and copies of the audit placed
on file in the office of the person performing the duties of Town Secretary, as a public record.
SECTION 7.19 Power to Tax
(1) The Town shall have the power to levy, assess and collect taxes of every character
and type for any municipal purpose not prohibited by the Constitution and laws of
the State of Texas as now written or hereafter amended.
(2) The Town shall have the power to grant tax exemptions in accordance with the laws
of the State of Texas.
SECTION 7.20 Office of Tax Collector
There shall be an office of taxation to collect taxes, the head of which shall be the Town Tax
Collector. The Town Council may contract for such services.
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SECTION 7.21 Taxes; When Due and Payable
(1) All taxes due in the Town shall be payable at the office of the Town Tax Collector,
or at such location or locations as may be designated by the Town Council, and may
be paid at any time after the tax rolls for the year have been completed and
approved. Taxes for each year shall be paid before February 1 of the next
succeeding year, and all such taxes not paid prior to that date shall be deemed
delinquent, and shall be subject to penalty and interest as the Town Council shall
provide by ordinance. The Town Council may provide discounts for the payment of
taxes prior to January 1 in amount not to exceed those authorized by the laws of the
State of Texas.
(2) Failure to levy and assess taxes through omission in preparing the appraisal rolls
shall not relieve the person, firm or corporation so omitted from obligation to pay
such current or past due taxes as shown to be payable by recheck of the rolls and
receipts for the years in question, omitting penalty and interest.
SECTION 7.22 Tax Liens, Liabilities and Suits
(1) All taxable property located in the Town on January 1 of each year shall stand
charged from that date with a special lien in favor of the Town for the taxes due. All
persons purchasing any such property on or after January 1 in any year shall take the
property subject to the liens provided above. In addition to the liens herein provided,
on January 1 of any year, the owner of property subject to taxation by the Town
shall be personally liable for the taxes due for that year.
(2) The Town shall have the power to sue for and recover personal judgment for taxes
without foreclosure, or to foreclose its lien or liens, or to recover both personal
judgment and foreclosure. In any such suit where it appears that the description of
any property in the Town appraisal rolls is insufficient to identify such property, the
Town shall have the right to plead a good description of the property to be assessed,
to prove the same, and to have its judgment foreclosing the tax lien or for personal
judgment against the owners for such taxes.
ARTICLE VIII
Boards and Commissions
SECTION 8.01 Authority, Composition and Procedures
(1) The Town Council shall create, establish or appoint, as may be required by the laws
of the State of Texas or this Charter, or deemed desirable by the Town Council, such
boards, commissions and committees as it deems necessary to carry out the
functions and obligations of the Town. The Town Council shall, by ordinance or
resolution, prescribe the purpose, composition, function, duties, accountability and
tenure of each board, commission and committee where such are not prescribed by
law or this Charter.
(2) Individuals who are residents of the Town or its extraterritorial jurisdiction may be
appointed by the Town Council to serve on one (1) or more boards, commissions or
committees. Notwithstanding, each member of the Planning & Zoning Commission
must be a qualified Town voter as required by Section 9.01. Such appointees shall
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serve at the pleasure of the Town Council and may be removed at the discretion of
the Town Council. Except as otherwise provided in this Charter, members of any
such board, commission or committee shall serve without compensation but may be
reimbursed for actual expenses as approved by the Town Council.
(3) All boards, commissions or committees of the Town shall keep and maintain
minutes of any proceedings held and shall submit a written report of such
proceedings to the Town Council no more than three (3) weeks following each
meeting.
(4) No officer or employee of the Town nor any person who holds a compensated
appointive position with the Town shall be a member of any board, commission or
committee created or established by this Charter other than in an advisory and/or ex
officio capacity.
(5) Any member of a board, commission or committee who is absent from three (3)
consecutive regular meetings, or twenty-five percent (25%) of regularly scheduled
meetings during the twelve-month (12-month) period immediately preceding and
including the absence in question, without explanation acceptable to a majority of
the other members shall forfeit his or her position on the board, commission, or
committee.
ARTICLE IX
Planning & Zoning Commission
SECTION 9.01 Organization
(1) There is hereby established a Planning & Zoning Commission which shall consist of
at least five (5) members who shall be appointed by the Town Council to staggered
terms of two (2) years in accordance with any ordinance adopted by the Town
Council. The Commission members shall be qualified Town voters. Any vacancy
occurring during the unexpired term of a member shall be filled by the Town
Council for the remainder of the unexpired term. In July of each year, the
Commission shall elect from its members a Chairman, Vice Chairman, and
Secretary to serve for one (1) year beginning in that month. Members of the
Commission may be removed by an affirmative vote of a majority of the full
membership of the Town Council.
(2) The Commission shall meet at least once a month. The Commission shall keep
minutes of its proceedings which shall be of public record. Minutes will be
recorded by the Commission Secretary. The Commission shall serve without
compensation.
(3) A majority of the full membership of the Commission members shall constitute a
quorum for the purpose of transaction of business. No action or recommendation of
the Commission, except as specifically provided in this Charter, shall be valid or
binding unless adopted by the affirmative vote of a majority of the Commission
members present. The Chairman shall be a voting member of the Commission. If
the Vice-Chairman presides over the meeting in the Chairman's absence, the Vice-
Chairman shall vote.
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SECTION 9.02 Duties and Powers
(1) The Commission shall be responsible to and act as an advisory board to the Town
Council. The Commission shall:
(A) Review all current and proposed ordinances and amendments pertaining to
planning and zoning and make recommendations to the Town Council for
action to be taken;
(B) Make proposals to the Town Council to amend, extend and add to the
Comprehensive Plan for the physical development of the Town;
(C) Keep public records of its resolutions, findings and determinations; and
(D) Review plats and zoning requests and make recommendations to the Town
Council for final adoption of same.
(2) The Commission, shall have full power to:
(A) Exercise the authority of the Commission as provided by state law, this
Charter and Town ordinances;
(B) Make reports and recommendations relating to the Comprehensive Plan and
development of the Town; and
(C) Adopt plats, if it has been given that authority by the Town Council.
(3) Four (4) votes of the Town Council is required to overrule a recommendation of the
Commission that a proposed zoning amendment, supplement, or change be denied.
SECTION 9.03 Procedure
(1) All rules and regulations adopted by the Commission shall be forwarded in writing
to the Town Manager who shall submit them to the Town Council with the Town
Manager's recommendations. The Town Council may amend, adopt or reject any
such rules or regulations. If any rules or regulations should be rejected, the
Commission may modify them and submit such modified rules and
recommendations to the Town Council.
(2) Should any person on the Commission have a conflict of interest, pursuant to any
state laws and/or Town ordinances regulating conflicts of interest of municipal
officers, with an agenda item then before the Commission, he or she shall openly
declare same before discussion proceeds, and he or she is thereby prohibited from
discussing the item or voting on the question, and is not considered as present and
voting for the purposes of the tally.
(3) Should any person on the Commission choose to abstain from voting on any
question before the Commission, where no conflict of interest exists, the person's
vote shall be recorded as a negative vote in the official minutes of the meeting.
SECTION 9.04 The Comprehensive Plan: Procedure and Legal Effect
(1) The Comprehensive Plan shall include, but not be limited to, the Future Land Use
Plan and the Thoroughfare Plan. The existing Comprehensive Plan for the physical
development of the Town contains recommendations for the growth, development
and beautification of the Town and its extraterritorial jurisdiction. Additions to and
amendments of the Comprehensive Plan shall be by ordinance or resolution, but
before any such revision, the Commission shall hold at least one (1) public hearing
on the proposed action.
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(2) A copy of the proposed revisions to the Comprehensive Plan shall be forwarded to
the Town Manager who shall submit the proposal to the Town Council, together
with the Town Manager's recommendations, if any. The Town Council, after a
public hearing, shall adopt or reject such proposed revision or any part thereof as
submitted within sixty (60) days following its submission by the Town Manager. If
the proposed revisions or part thereof should be rejected by the Town Council, the
Town Council may request the Commission to make other modifications and again
forward it to the Town Manager for submission to the Town Council.
(3) Following the adoption by the Town Council of the Comprehensive Plan, and any
revisions thereto, it shall serve as a guide to all future Town Council action
concerning land use and development regulations and expenditures for capital
improvements. Any proposal which deviates from the Comprehensive Plan shall not
be authorized until and unless the location and extent thereof shall have been
submitted to and approved by the Commission. In case of denial, the Commission
shall communicate its reasons to the Town Council, which shall have the power to
overrule such denial with a vote of three-fourths (3/4cns) of the Council Members
present, or four (4) votes, whichever is greater, and upon such overruling, the Town
Council or the appropriate office, department or agency shall have authority to
proceed.
SECTION 9.05 Board of Adjustment
The Town Council shall create and establish a board of adjustment. The Town Council shall, by
ordinance, provide standards and procedures for such board to hear and determine appeals of
administrative decisions, petition for variances in the case of peculiar and unusual circumstances
which would prevent the reasonable use of land and such other matters as may be required by the
Town Council or by law. Appointment and removal of members of the board of adjustment shall be
in accordance with the provisions of Article VIII, Sec. 8.01 (2) of this Charter and state law.
ARTICLE X
Utility and Public Service Franchises and Licenses
SECTION 10.01 Authority
The Town shall have 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 Town shall not supply any utilities service outside the Town limits, except
by a written contract and/or by ordinance. The Town shall have such regulatory and other power as
may now or hereafter be granted under the Constitution and laws of the State of Texas.
SECTION 10.02 Ordinance Granting Franchise
No franchise shall be granted for a term of more than twenty (20) years from the date of the grant,
renewal or extension of any franchise.
SECTION 10.03 Transfer of Franchise
No public service or utility franchise is transferable, except with the approval of the Town Council.
However, the franchisee may pledge franchise assets as security for a valid debt or mortgage.
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SECTION 10.04 Franchise Value Not to be Allowed
Franchises granted by the Town are of no value in fixing rates and charges for public services or
utilities within the Town and in determining just compensation to be paid by the Town for property
which the Town may acquire by condemnation or otherwise.
SECTION 10.05 Right of Regulation
In granting, amending, renewing and extending public service and utility franchises, the Town
reserves unto itself all the usual and customary rights, including, but not limited to, the following
rights:
(1) To repeal the franchise by ordinance for failure to begin construction or operation
within the time prescribed, or for failure to comply with terms of the franchise;
(2) To require all extensions of service within the Town limits to become part of the
aggregate property of the service and operate subject to all obligations and reserved
rights contained in this Charter. Any such extension is considered part of the
original grant and terminable at the same time and under the same conditions as the
original grant;
(3) 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;
(4) To require reasonable standards of service and quality of product and prevent rate
discrimination;
(5) To impose reasonable regulations and restrictions to insure the safety and welfare of
the public;
(6) To examine and audit accounts and records and to require annual reports on local
operations of the public service or utility;
(7) To require the franchisee to restore, at franchisee's expense, all public or private
property to a condition as good as or better than before disturbed by the franchisee
for construction, repair or removal;
(8) To require the franchisee to furnish to the Town, from time to time within a
reasonable time following request of the Town, at franchisee's expense a general
map outlining current location, character, size, length, depth, height and terminal of
all facilities over and under property within the Town and its extraterritorial
jurisdiction; and
(9) To require compensation, rent or franchise fees to be paid to the Town as may be
permitted by the laws of the State of Texas.
SECTION 10.06 Regulation of Rates
(1) The Town Council has the power to fix and regulate the rates and charges of all
utilities and public services, consistent with state statutes.
(2) Upon receiving written request from a utility or public service requesting a change
in rates, or upon a recommendation from the Town that rates for services provided
by or owned by the Town be changed, the Town Council shall call a public hearing
for consideration of the change.
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(3) A holder of a franchise to provide a public service or utility in the Town must show
the necessity for the change in rates by any evidence required by the Town Council,
including but not limited to, the following:
(A) Cost of its investment for service to the Town;
(B) Amount and character of expenses and revenues connected with rendering
the service;
(C) Copies of any reports or returns filed with any state or federal regulatory
agency within the last three (3) years; or
(D) Demonstration that the return on investment, if any, is within state and
federal limitations.
(4) If not satisfied with the sufficiency of evidence, the Town Council may hire rate
consultants, auditors and attorneys to investigate and, if necessary, litigate requests
for rate changes, the expense of which shall be reimbursed to the Town by the
franchisee.
SECTION 10.07 Licenses
The Town shall have the power to license, levy and collect fees in order to license any lawful
business, occupation or calling subject to control pursuant to the police powers of the State of
Texas and/or for any other purpose not contrary to the Constitution and laws of the State of Texas.
ARTICLE XI
General Provisions
SECTION 11.01 Public Records
All records of the Town shall be open to inspection in accordance with state law.
SECTION 11.02 Official Newspaper
The Town Council shall declare annually an official newspaper of general circulation in the Town.
All ordinances, notices and other matters required by this Charter, Town ordinance, or the
Constitution and laws of the State of Texas shall be published in the official newspaper.
SECTION 11.03 Oaths
All elected and appointed officers of the Town shall take and sign an oath of office based on those
prescribed for state elective and appointive offices, respectively, in the Constitution of the State of
Texas.
SECTION 11.04 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 this
Charter.
SECTION 11.05 Wording Interpretation
The gender of the wording throughout this Charter shall always be interpreted to mean either sex.
All singular words shall include the plural and all plural words shall include the singular. All
references to the state law or laws of the State of Texas, however expressed in this Charter, shall
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mean "as presently enacted or as may be amended or superceded". The use of the word "Town" in
this Charter shall mean the Town of Prosper, Texas, and the use of the word "Charter" shall mean
this Home Rule Charter.
SECTION 11.06 Town Depository
The provisions of the laws of the State of Texas, governing the selection and designation of the
Town Depository are hereby adopted as the law governing the selection and designation of a
depository of and for the Town.
SECTION 11.07 Regulation of Liquor and Beer
The sale of liquor and beer is prohibited in all residential sections or areas of the Town, as
designated by any zoning ordinance or Comprehensive Plan of the Town. The Town Council may
enact any and all other regulations regarding, among other things, the sale, consumption and
distribution if alcoholic beverages, as permitted by law.
ARTICLE XII
Legal Provisions
SECTION 12.01 Assignment, Execution and Garnishment
(1) Property, real and personal, belonging to the Town shall not be liable to be sold or
appropriated under any writ of execution or cost bill. Funds belonging to the Town
in the hands of any person, firm or corporation, shall not be liable to garnishment,
attachment or sequestration; nor shall the Town be liable to garnishment, attachment
or sequestration; nor shall the Town be liable to garnishment on account of any debt
it may owe or funds or property it may have on hand owing to any person. Neither
the Town nor any of its officers or agents shall be required to answer any such writ
of garnishment on any account whatsoever.
(2) The Town shall not be obligated to recognize any assignment of wages or funds by
its employees, agents or contractors, except as provided by the laws of this State or
the United States of America.
SECTION 12.02 Security and Bond
It shall not be necessary in any action, suit or proceeding in which the Town is a party for any
bond, undertaking or security to be demanded or executed by or on behalf of the Town. 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 12.03 Notice of Claim
The Town shall not be held liable on account of any claim for the death of any person or injuries to
any person or damage to any property unless the person making such complaint or claiming such
damages shall, within six (6) months after the time at which it is claimed such damages were
inflicted upon such person or property, file with the Town a written statement, under oath, stating
the nature and character of such damages or injuries, the extent of the same, the place where same
happened, the circumstances under which same happened and the condition causing same, with a
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detailed statement of each item of damages and the amount thereof, giving a list of any witnesses
known by affiant to have seen the accident.
SECTION 12.04 Power to Settle Claims
The Town 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 Town, including suits by the Town to
recover delinquent taxes.
SECTION 12.05 Service of Process Against the Town
All legal process against the Town shall be served upon either the Town Secretary or the Town
Manager.
SECTION 12.06 Judicial Notice
This Charter shall be deemed a public act, may be read in evidence without pleading or proof, and
judicial notice shall be taken thereof in all courts and places.
SECTION 12.07 Pending Matters
All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue
except as modified pursuant to the provisions of this Charter and in each case shall be maintained,
carried on or dealt with by the Town department, office or agency appropriate under this Charter.
SECTION 12.08 Property Not Exempt From Special Assessments
No property of any kind, by whomsoever owned or held or by whatsoever institution, agency,
political subdivision or organization, owned or held, whether in trust or by non-profit organization,
or corporation, or by foundation, or otherwise, (except property of the Town), shall be exempt in
any way from any of the special taxes, charges, levies and assessments, authorized or permitted by
this Charter, for local improvements, for the public welfare.
SECTION 12.09 Town Council May Require Bonds
In addition to any provisions contained herein, the Town Council may require any Town official,
department director, or Town employee, before entering upon his or her duties, to execute a good
and sufficient bond with a surety company doing business in the State of Texas and approved by
the Town Council. The premium of such bond shall be paid by the Town.
SECTION 12.10 Disaster Clause
In case of disaster when a legal quorum of the Town Council cannot otherwise be assembled due to
multiple deaths or injuries, the surviving persons of the Town Council, or highest surviving Town
official, if no elected official remains, must, within twenty-four (24) hours of such disaster, request
the highest surviving officers of the local Chamber of Commerce and the Board of Trustees of the
local school district, and the County Judge of Collin County to appoint a commission to act during
the emergency and call a Town election within fifteen (15) days of such disaster, or as provided in
the Texas Election Code, for election of a required quorum, if for good reasons it is known a
quorum of the present Town Council will never again meet.
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ARTICLE XIII
Transitional Provisions
SECTION 13.01 Effective Date
This Charter or any amendments hereto shall take effect immediately following adoption by the
voters, as prescribed by state law.
SECTION 13.02 Continuation of Elective Offices
Upon adoption of this Charter, the present persons filling elective offices on the Town Council will
continue to fill those offices for the terms for which they were elected. Persons who, on the date
this Charter is adopted, are filling appointive positions with the Town which are retained under this
Charter, may continue to fill these positions for the term for which they were appointed, unless
removed by the Town Council or by other means provided in this Charter.
SECTION 13.03 Continuation of Operation
All Town ordinances, bonds, resolutions, rules and regulations in force on the effective date of this
Charter shall remain in force until altered, amended, or repealed by the Town Council, and all
rights of the Town under existing franchises and contracts are preserved in full force and effect.
SECTION 13.04 Officers and Employees
Except as specifically provided, nothing in this Charter shall affect or impair the rights or privileges
of persons who are Town officers or employees at the time of its adoption. Upon adoption of this
Charter, the person then serving as the Town Administrator shall be deemed to be the Town
Manager.
ARTICLE XIV
Nepotism,Prohibitions and Penalties
SECTION 14.01 Nepotism
No person related within the second degree by affinity or within the third degree by consanguinity
to the Mayor or any Council Member or the Town Manager shall be employed by or contracted
with for the Town. This shall not apply to the following:
(1) Any person employed by the Town prior to the person related in the above degree
filing to run for elective office or being nominated for an appointment, or
(2) Any person who is a seasonal employee or intern of the Town.
SECTION 14.02 Equality of Rights
Equality of rights under state and federal law shall not be denied or abridged with respect to
appointment to or removal from any position.
SECTION 14.03 Wrongful Influence
No person who seeks appointment or promotion with respect to any Town position shall, directly or
indirectly, give, render or pay any money, service, or other valuable thing to any person for, or in
connection with, his or her test, appointment or promotion.
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SECTION 14.04 Wrongful Interference
No person shall willfully make any false statement, certificate, mark, rating or report in regard to
any test, certification or appointment or attempt to commit any fraud preventing the impartial
execution of the personnel provisions, rules and regulations of this Charter.
SECTION 14.05 Employee's Political Activities
No person who holds any compensated non-elective Town position shall make, solicit or receive
any contribution for any candidate for public office in the Town, or take part in the management,
affairs or political campaign of such candidate. Such person may exercise his or her rights as a
citizen to express his or her opinion and cast his or her vote.
SECTION 14.06 Penalties
Any person who willfully engages in and is found in violation of any of the activities prohibited in
sections 14.02, 14.03, 14.04 or 14.05 of this Article shall be ineligible for appointment or election
to a position in the Town for a period of five (5) years from that time. If the person is an officer or
employee of the Town at the time of the violation, he or she shall immediately forfeit his or her
office or position, if found in violation.
SECTION 14.07 Indebtedness to Town
No person who, after notice of any delinquency, shall be in arrears in the payment of taxes or any
other liabilities due the Town, shall be qualified to hold an appointive or compensative position of
the Town.
SECTION 14.08 Conflict of Interest
No officer, whether elected or appointed, or any employee, whether full or part-time, of the Town
shall have a substantial financial interest, direct or indirect, in any contract, other than employment
contracts, with the Town; or have a substantial financial interest, direct or indirect in the sale to the
Town of any land, materials, supplies or services, except on behalf of the Town as an officer or
employee, except as allowed by state law. Any willful violation of this section shall constitute
malfeasance in office and any officer or employee found guilty thereof shall thereby forfeit his or
her office or position. Any violation of this section with the knowledge, express or implied, of the
person or the corporation contracting with the governing body of the Town shall render the contract
involved voidable by the Town Manager or the Town Council.
SECTION 14.09 No Officer or Employee to Accept Gifts, Etc.
(1) No officer or employee of the Town shall ever accept, directly or indirectly, any
gift, favor or privilege during the term of office of such officer, or during
employment of such employee. Notwithstanding, no officer or employee is
prohibited from engaging in the following activities:
(A) Attending social functions, ground breakings, or civic events pertinent to the
public relations and operations of the Town;
(B) Exchange gifts with his or her family and relatives;
(C) Receiving campaign contributions as provided for in the Texas Election
Code;
32
(D) Exchanging gifts at church functions or Town parties or functions where
only Town officers and employees and their families are invited or attend;
(E) Exchanging gifts or receiving a bonus from his or her place of full-time
employment; or
(F) Activities that would not be considered a violation of the Town's Code of
Ethics or personnel policy.
(2) Any officer or employee of the Town who shall violate the provisions of this section
shall be guilty of a misdemeanor and may be punished by any fine that may be
prescribed by ordinance for this offense, and may forthwith be removed from office
or employment.
ARTICLE XV
Review and Amendment of Charter
SECTION 15.01 Charter Review Commission
(1) The Town Council shall appoint a Charter Review Commission at least once every
six (6) years. The Charter Review Commission shall consist of ten (10) citizens of
the Town who shall:
(A) Inquire into the operation of the Town government under the Charter and
determine whether any provisions require revision. To this end, public
hearings may be held. The Commission may compel the attendance of any
officer or employee of the Town and require submission of any Town
records;
(B) Propose any recommendations it deems desirable to insure compliance with
the Charter of the Town government; and
(C) Report its findings and present its recommendations to the Town Council.
(2) The Town Council shall receive and have published in the official newspaper of the
Town a comprehensive summary of the report presented by the Commission, shall
consider any recommendations made, and may order any amendments suggested to
be submitted to the voters of the Town in the manner provided by state law as now
written or hereafter amended.
(3) The term of office of the Commission shall be for not more than six (6) months, at
the end of which time a report shall be presented to the Town Council and all
records of proceedings of the Commission shall be filed with the Town Secretary
and become a public record.
SECTION 15.02 Petition to Amend Charter
Amendments to this Charter may be framed and submitted to the qualified voters of the Town in
the manner provided by the Constitution and the laws of the State of Texas; including upon the
Town Council's own motion or upon petition by five percent (5%) of the registered voters in the
Town or twenty-thousand (20,000) registered voters of the Town, whichever is less. Each signer of
such petition to amend shall be a registered voter and personally sign his or her name thereto in ink
or indelible pencil. For a petition signature to be valid it must comply with the requirements for a
valid signature set forth in Chapter 277 of the Texas Election Code.
33
SECTION 15.03 Form of Petition to Amend Charter
The petition to amend mentioned above must be addressed to the Town Council of the Town, must
distinctly and specifically list each amendment to the Charter proposed to be voted on at an
election. The petition shall be verified by oath in the following form:
"State of Texas"
County of mIT mIT
11 . , being first duly sworn, on oath depose and say that I am one of the signers of
the above petition, and that the statements made therein are true, and that each signature appearing
thereto was made in my presence on the day and date it purports to have been made, and I solemnly
swear that the same is the genuine signature of the person it purports to be.
.......... ..............
Signature
Sworn and subscribed before me this day of , 20 .
Signed ..........
Notary Public in and for mm
State of Texas
SECTION 15.04 Various Papers Constituting Petition to Amend
The petition to amend may consist of one (1) or more copies, or subscription lists, circulated
separately, and the signatures thereto may be upon the paper or papers containing the form of
petition, or upon other paper attached thereto. Verifications provided for in Section 15.03 of this
Article may be made by one (1) or more petitioners, and the several parts of copies of the petition
may be filed separately and by different persons, but no signatures to such petition shall remain
effective or be counted which were placed thereon more than one hundred eighty (180) days, or
such other length of time as may be allowed by the Texas Election Code, prior to the filing of such
petition or petitions with the person performing the duties of Town Secretary. All papers
comprising a petition to amend shall be filed with the person performing the duties of Town
Secretary on the same day, and the said person performing the duties of Town Secretary shall
immediately notify the Town Manager and Town Mayor of receipt of the petition.
SECTION 15.05 Presentation of Petition to the Town Council
Within twenty-one (21) days after the date of the filing of the papers constituting the petition to
amend, the person performing the duties of Town Secretary shall verify the number of valid
signatures and present such petition to the Town Council of the Town.
SECTION 15.06 Calling of Election to Amend Charter
An election to amend the Charter shall not be held more often than once every two (2) years. Upon
its own motion, or following presentation by the Town Secretary of a proper petition to amend with
a sufficient number of valid signatures, the Town Council shall, by ordinance, order an election and
set the date for holding such election. The date selected for the election and the ordinance ordering
34
the election shall be in accordance with the Texas Election Code and the Texas Local Government
Code.
SECTION 15.07 Failure of the Town Council to Call an Election Following Receipt of
Valid Petition to Amend
In case that all the requirements of this Charter shall have been met and the Town Council shall fail
or refuse to receive the petition to amend, or order such election, or discharge any other duties
imposed on the Town Council by the provisions of this Charter or state law with reference to such
election to amend, then the District Judge of Collin County, Texas, shall discharge any of such
duties herein provided to be discharged by the person performing the duties of Town Secretary or
by the Town Council.
35
EXHIBIT "B"
(2011 Amendments to the Town Charter)
PROPOSED CHARTER AMENDMENTS
The Charter Commission of the Town of Prosper reported its recommendations and findings to the
Town Council as required by the Town Charter. The Town Council amended the Charter
Commission's recommendations and findings and has determined that the following Proposed
Amendments to the Town Charter shall be submitted to the Voters of Prosper at the Election. The
Proposed Amendments are designated below in accordance with the ballot proposition number the
amendment would appear as on the ballot:
PROPOSITION NO. 1
(4) Shall the Charter be amended throughout to correct non-substantive errors such as
misspellings, punctuation, grammar and sentence structure, clarify meanings of terms and use
consistent terminology, outline paragraph numbering and renumbering, conform to requirements
and/or provisions of state and/or federal law and/or Town ordinances, and revise references to
repealed or obsolete provisions of state law?
PROPOSITION NO. 2
(5) Shall Section 1.02(2)(The Boundaries)of the Charter be amended to state that the records of
the Town's boundaries shall be kept on file with the Town Secretary?
(6)
(7) SECTION 1.02 The Boundaries—Amended to read as follows:
(g)
(9) The citizens of the Town, Collin and Denton County, 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
"Town of Prosper"with such powers,privileges,rights,duties,authorities,and immunities,as
are herein provided. The records of the 'town of Prosper's boundaries shall be Ice pt o,n file
with the Town Sceretaiy.
PROPOSITION NO. 3
Shall Section 3.01 (1) and(2) (Composition), and a new Section 3.02 (Limitations on Terms),with
subsequent sections in Article III being renumbered accordingly, of the Charter be amended and
added, respectively, to provide for clarification on the election of the places held by Council
Members and Mayor; providing that no person shall serve as Mayor for more than three (3)
successive elected terms; providing that no person shall serve as Council Member for more than
three (3) successive elected terms; providing that no person shall serve as Council Member and
Ordinance Adopting Charter Amendments Page 5
592982-1
Mayor(combined)for more than eighteen(18)consecutive years;providing specific guidelines for
computing the limitations on terms; and providing that any Council Member or Mayor who is
ineligible to run for office due to term limitations shall remain ineligible for a period of ten (10)
months following the expiration of the most recent term of office of which he or she was elected?
SECTION 3.01 Composition -Amended to read as follows:
(1) The "Town Council" shall be composed of a "Mayor" and six (6) "Council Members"
elected under the Place System,with their being Places 1,2,3,4,5 and 6. The Mayor and each
Council Member shall be elected at large,and unless sooner removed under the provisions of
this Charter,shall serve for a term of three(3)years,and until their successor has been elected
and duly qualified. All of the Town Council holding office at the time of passage of any
amendments to this Charter shall continue to hold their respective office until the respective
term for which they were elected expires.T1 otllet�rrls41 be��tl otllal
+Clatter-4 � �n��-�"fcti ve "1"h������ rea�d-ley--tl�e"�ddi ti+�l�r��f-th �a�flaee"ti-s�n�11-1
#111 1-1 y- weelnl l + r wi khan w hen t 241} lay: to n l wan � u-r-s4n,
c d tl the Cun ti tin l 1 + 1 lea rwde« =1'�rew�t~ 1'la�s1'tall
1 �'�a��ra���lrul--al`E�tl��p+ �4n1-- le�ti��n--t��-lt+ -hl �enrd�we�4t1~� t�h -p�� �a-ll� l�
Mny--24141�1eeti�e� :
(2)4 �t-i��te� e�l��r3)my ���--stgr�ll�tt+ rna ;---begi�mlr " 1�-th41117... leetio -1`
fi�ls��l�r�recl�tl�e�-�lmllmb - wba�d°-lt�ts-1"ullow�l.�tl��le� �n�let+ r� �� :l�i��lnee
shall-reeeiv tau- �r - w td wl l� ee ;111-H, iv tlrree-y r t r tl r �..lt,
!la�l-and��l�s�ll`h� tl�,.�° +��y�r-te �r �a #"o�r t11�e�M-X410 - let�nal�l�� �-4���r
th re hsonehw"li- ll
reeei two -r-tenii� lel la twn l In s� m11 r� i�a tl r y t ra#"t
Plaees , 4-n-n4 5--s] att4 -t4i..re+ -y+et r°-temps»�=11u�M���rar s1�a11 1 -s��tl�ree�y ss�r�t rani
beginning-witlVth 1 t 41 e1ee-tioo-,-rnd4lht c-t► 1 a e a tl year-tom n bel ring witl
the ley--241t1#-eleefion.. Terries of the Council Members shall be sta x),cred so thateveLl year
there shall be an election for two,j2) of the Places as follows: places 1 and 41 places 2 an(] 6•
and Places 3 and 5. The Mayor shall be elected in the same Year as Places 1 and 4.
SECTION 3.02 Limitations on Terms-Added to read as follows:
Section 3.02 Limitations on Terms
No person shall serve as Mavor for more than three (3) consecutive elected terms. and no
person shall serve as Council Member for more than three 3 consecutive elected terms. No
person shall serve as a Council Member and Mayor(combined)_for inore than eighteen 18'
consecutive years.
cec n 3.02 and computing the limitations on terms:
Fnr m�rnnof this Sectio__ < . . .. .�.....,. .,,..._._ ____
(1) a Mavor or Council Member.who vacates. for any reason.Town office before
the end of the term for which he was elected.shall be considered to have
completed that term.
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592982-1
(2) an appointment or election to fulfill an unexpired Council Member term. or
unexpired Mayor term if annlicable, shall be computed as follows:
(i if fifty percent (50%) or more of the term. is remaining. it shall be
included in the computation of term limits: or
(ii if less than fiftv percent 50%) of the term is remaining, it shall not
be included in the computation of term limits.
Apy Council Member or Mayor, who is ineligible to run for elected Town office due to the
limitations on terms as provided herein shall remain ineligible to hold an elected Town office
for a Ueriod often 10 inonths to[low in the expiration of the most recent term of Town office
for which he or she was elected.
To account for the transition to term limits,the term that each person on the Town Council is
currently filline,as of January 1,2011,and all terms consecutively served prior to that current
term shall not count for the nur poses of whether three 3 consecutive terms have been served.
PROPOSITION NO. 4
Shall newly renumbered Section 3.05(2) and(3) (Mayor,Mayor Pro-Tem and Deputy Mayor Pro-
Tem) of the Charter be amended to provide that the Mayor Pro Tem and Deputy Mayor Pro Tem
may be elected at the first regular meeting after any run-off election?
SECTION 3.05(2) and(3)Mayor,Mayor Pro-Tem and Deputy Mayor Pro-Tem—Amended to read
as follows:
(2)The Mayor Pro-Tem shall be a Council Member elected by the Town Council at the first
regular meeting after each election of Council Members and/or Mayor or at the First regular
meeting atter any applicable run-off election whichever is later.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.
(3)The Deputy Mayor Pro-Tem shall be a Council Member elected by the Town Council at the
first regular meeting after each election of Council Members and/or Mayor or at the first
reLyular meetiniz after anv apnlicable run-off election.whichever is later. The Deputy Mayor
Pro-Tem shall act as Mayor during the disability or absence of the Mayor and Mayor Pro-
Tem, and in this capacity shall have the rights conferred upon the Mayor.
PROPOSITION NO. 5
Shall newly renumbered Section 3.06(2) (Vacancies, Forfeiture and Filling of Vacancies) of the
Charter be amended to provide that if a member of the Town Council is absent for twenty-five
percent (25%) of regularly scheduled meetings during the twelve-month (12-month) period
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592982-1
immediately preceding and including the absence in question,then his or her office shall be declared
vacant; and providing that the 12-month period shall not begin until June 1, 2012?
SECTION3.06(2) Vacancies,Forfeiture and Filling of Vacancies—Amended to read as follows:
(2)If any member of the Town Council is absent from three(3) consecutive regular meetings,
or twentv-five percent (25%) of regularly scheduled meetings during the twelve-month (12-
month) period immediately preceding and including the absence in uestion (the"12-month
period) without explanation acceptable to a majority of the remaining members of the Town
Council, his or her office shall be declared vacant at the next regular meeting of the Town
Council by resolution. The 12-month period shall not begin until June 1. 2012.
PROPOSITION NO. 6
Shall newly renumbered Section 3.10(Quorum)of the Charter be amended to clarify that if a certain
percentage of affirmative votes to pass a measure to be approved by Town Council is required,the
number of affirmative votes must be measured against the entire qualified Town Council,not just the
number present and voting?
SECTION 3.10 Quorum-Amended to read as follows:
SECTION 3.10 Quorum and Votin
Four (4) members of the Town Council shall constitute a quorum for the purpose of
transaction of business. No action of the Town Council,except as specifically provided in this
Charter, shall be valid or binding unless adopted by the affirmative vote of a majority of the
Town Council present. If a certain percentage of affirmative votes to pass a measure is
required.the number of affirmative votes must be measured aLrainst the entire qualified Town
Council. not iust the number present and voting.
PROPOSITION NO. 7
Shall newly renumbered Section 3.11 (Conflict of Interest)of the Charter be amended to clarify that
when any person on the Town Council has a conflict of interest,then they are not considered present
and voting for the purposes of calculating the outcome of a vote?
SECTION 3.11 Conflict of Interest—Amended to read as follows:
Should any person on the Town Council have a conflict of interest,pursuant to any state laws
and/or Town ordinances regulating conflicts of interest of municipal officers,with an agenda
item then before the Town Council, he or she shall openly declare same before discussion
proceeds, and he or she is thereby prohibited from discussing the item or voting on the
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592982-1
question, and is not considered as present and voting for the purposes of the tally alculatir
the outcome of a vote.
PROPOSITION NO. 8
Shall newly renumbered Section 3.18 (Bond) of the Charter be amended to require all municipal
officers and employees who receive or pay any monies of the Town to be bonded or cause each to be
covered under a Public Employee Dishonesty Property Crime Coverage Policy and that such bond or
policy coverage limits shall be determined by the Town Council?
SECTION 3.18 Bond—Amended to read as follows:
The Town Council shall require bonds o€all municipal officers and employees who receive or
pay out any monies of the Town to be bonded or cause each to be covered under a Public
Employee Dishonest 11ro )er! Crime Coverage Policy with a comL)any that maintains a
minimum rating of "A" by A.M. Bast's Key Rahn y Guide or other equivalent rating
service(s). authorized to transact business in the State of Texas. The amount of the bonds or
policy coverage limits shall be determined by the Town Council and the cost shall be borne by
the Town.
PROPOSITION NO. 9
Shall newly renumbered Section 3.19 (Code of Ethics) of the Charter be amended to state that the
Town Council shall maintain a Code of Ethics?
SECTION 3.19 Code of Ethics—Amended to read as follows:
The Town Council shall;-within--o rrewlrttnd-r- iglr h da f nth to o y#7
oleetio , adopt and maintain,by ordinance or resolution,a Code of Ethics for the purpose of,
among other things,establishing and defining the bounds of reasonable ethical behavior by the
Town Council and all appointed Town Officials.
PROPOSITION NO. 10
Shall Section 4.06(2)(Personnel System)of the Charter be amended to add that the personnel rules
prepared by the Town Manager and adopted by the Town Council shall include the procedure for the
giving and receiving of gifts by Town employees?
SECTION 4.06 (2) Personnel System—Amended to read as follows:
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592982-1
(E) A plan for the annual oral and written evaluation based on a job description for all
Town employees by their immediate supervisor, including evaluation of the Town Manager,
Town Secretary, Municipal Judge, and Town Attorney by the Town Council; and
F Procedure for the givingand receiving of ifts by Town employees.
PROPOSITION NO. 11
Shall Section 5.02 (2) (Filing for Office)of the Charter be amended to clarify that a candidate for a
Town office must have resided in the corporate limits of the Town,or annexed territory,for at least
twelve (12) months immediately preceding the filing date?
SECTION 5.02 (2) Filing for Office-Amended to read as follows:
(C) Shall have resided within the corporate limits of the Town, or recently annexed
territory, for at least twelve (12) months pFieF to immediately preceding the filing date.
PROPOSITION NO. 12
Shall Sections 6.02 (Petitions for Recall) and 6.13 (Initiative)of the Charter be amended to clarify
petition signature requirements by qualified voters;designating the percentage of required signatures
be at least thirty (30) percent of the number of voters voting in the last regular Town election;
specifying that the requirements for information on each signer of the petition be as set forth in the
Texas Election Code; and making the requirements for initiative petitions the same as in recall
elections?
SECTION 6.02 Petitions for Recall-Amended to read as follows:
Before the question of recall of such officer shall be submitted to the registered voters of the
Town, a petition demanding such question to be so submitted shall first be filed with the
person performing duties of Town Secretary,which said petition must be signed by gualificd
voters of the Town of at least thirty percent(30%)of the number ofvotes ens t voters voting,in
att the last regular Town election, or one hundred and fifty (150),whichever is greater. Each
signerature e€sueh on a recall petition shall conform to the reg uiretnents for information as
set forth in the'Texas Election Code as amended.be-" gi.,Aker-etl.-v-*)te"nd--p+ r 1111Y sigs i
eo . ply
ltl -regi =et �lhli �t� °+ ftlr....i. i +-lpt o1=tl as
SECTION 6.13 Initiative-Amended to read as follows:
Following a review by the Town Attorney for enforceability and legality, registered voters of
the Town may initiate legislation by submitting a petition addressed to the Town Council
which requests the submission of a proposed ordinance or resolution to a vote of the registered
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592982-1
voters of the Town. Said petition must be signed by a ualified voters of the Town of at least
thirty percent (30%) of the number of votes-ems voters voting in M the last regular Town
election, or one hundred and fifty (150),whichever is greater, and each copy of the petition
shall have attached to it a copy of the proposed legislation. The petition shall be signed in the
same manner as recall petitions are signed,as provided in this Article,and shall be verified by
oath in the manner and form provided for recall petitions in this Article. The petition may
consist of one (1) or more copies as permitted for recall petitions. Such petition shall be filed
with the person performing the duties of Town Secretary.Within twenty-one (21) days after
the filing of such petition, the person performing the duties of Town Secretary shall present
said petition and proposed ordinance or resolution to the Town Council.Upon presentation to
the Town Council, it shall become the duty of the Town Council, within two (2) regularly
scheduled Town Council meetings after the receipt thereof,to pass and adopt such ordinance
or resolution without alteration as to meaning or effect in the opinion of the persons filing the
petition, or to call a special election, to be held within thirty (30) days thereafter and/or on a
date allowed under the Texas Election Code, at which the registered voters of the Town shall
vote on the question of adopting or rejecting the proposed legislation. However, if any other
municipal election is to be held within sixty (60) days after the filing of the petition, the
question may be voted on at such election.Any election order so issued shall comply fully with
the Texas Election Code. Unless otherwise provided by law, any election for an initiative
under this Charter shall be held on the first authorized uniform election date that occurs after
the sixty-fifth (65th) day after the petition was presented to the Town Council.
PROPOSITION NO. 13
Shall Sections 7.05 (Public Hearing on Budget),7.11 (Capital Program),7.14(Borrowing)and 7.18
(Independent Audit) of the Charter be amended to state that the required public hearing shall be
scheduled in accordance with the Local Government Code;providing that the Capital program will
be updated and presented to the Town Council annually; clarifying that the Town may exercise
powers to finance public improvements or for any other public purpose not prohibited by state law;
and providing that the Independent Auditor's Report and Annual Financial Report shall be published
on the Town's website ?
SECTION 7.05 Public Hearing on Budget—Amended to read as follows:
At the Town Council meeting when the budget is submitted,the Town Council shall name the
date and place of a public hearing, which shall be scheduled and shall have published in
accordance with the reg uirements ofC'ha Ater 102 Local Government Code as amended.the
o-ffi� i��l�n, w;sl'�-p" tl� �= � t-le��r�t � tl�e�t�s n+�l-place-;�l�ih-raw-ill--be�"�ot;�les• n
O day o rover a l in :M"fiys after A Alio 1atofn-ot-iee At this hearing,interested
citizens may express their opinions concerning items of expenditures,giving their reasons for
wishing to increase or decrease any items of expense.
SECTION 7.11 Capital Program—Amended to read as follows:
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592982-1
The above information may be revised and extended each year with regard to capital
improvements still pending or in process of construction or acquisition. The Ca ital ro ra.na
will be a aalated and presented to the Town Council annually.
SECTION 7.14 Borrowing—Amended to read as follows:
The Town shall have the power to borrow money on the credit of the Town and also to issue or
incur bonds and other evidences of indebtedness and such powers may be exercised to finance
public improvements or for any other public purpose not prohibited by the Constitution and
the laws of the State of Texas, and the "['own inay insto issue refunding bonds to refund
outstanding bonds and other evidences of indebtedness of the Town previously issued or
incurred.
SECTION 7.18 Independent Audit—Amended to read as follows:
At the close of each fiscal year,and at such other times as may be deemed necessary,the Town
Council shall call for an independent audit to be made of all accounts of the Town by a
certified public accountant.No more than five(5)consecutive annual audits shall be completed
by the same firm. The certified public accountant selected shall have no personal interest,
directly or indirectly, in the financial affairs of the Town or any of its officers. The report of
audit, with the auditor's recommendations will be made to the Town Council. Upon
completion of the audit,the Independent Auditor's Report and Annual Financial Report shall
be published on the T'own's website saimmar-y--shn44--b"-aal�lished�iauaaaediaa �a the ofl� iul
newspape"A the—Town and copies of the audit placed on file in the office of the person
performing the duties of Town Secretary, as a public record.
PROPOSITION NO. 14
Shall Section 7.08 (Contingent Appropriation) of the Charter be renamed and amended to increase
the contingency reserve fund balance designation to twenty percent(20%);providing for use of the
funds in the event of a revenue shortfall; providing that the fund shall not overlap with any other
amount of reserves; and providing that the contingency reserve appropriation may be distributed by
the Town Manager only in the event of an emergency or after supplemental appropriation by the
Town Council?
SECTION 7.08 Contingent AppnI)MWon Reserve—Amended to read as follows:
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592982-1
Provision shall be made in the annual budget maintaining iaticro�iree
for a contingentcy reserve 1'n:nd balance designation appropriat-ion in an amount not less than
twenty ten percent (4720%) of the total general fund expenditures, to be used in case of
unforeseen items of expenditures or revenue shortfalls. This eont�ki ent--an shall
apply to current operating expenses and shall not overlap with inelud any other amount of
reserves maintained by the Town.Such contingentcy reserve appropriation shall be under the
control of the Town Manager and distributed by him or her only in the event of an enlcr xenc
or after supplemental a ) pro priation prior apprfw by the Town Council.The proceeds of the
contingentcy reserves app-r pviation shall be disbursed only by transfer to other departmental
appropriation, the spending of which shall be charged to the departments or activities for
which the appropriations are made.
PROPOSITION NO. 15
Shall Section 9.01(1) (Organization)of the Charter be amended to increase the number of Planning
and Zoning Commission members to seven (7) and provide for the date of electing its Chairman,
Vice Chairman and Secretary?
SECTION 9.01 Organization —Amended to read as follows:
(1) There is hereby established a Planning & Zoning Commission which shall consist of at
least five(5)seven 7 members who shall be qualified voters of the Town and appointed by the
Town Council to staggered terms of two (2)years in accordance with the then existing zoning
ordinance. The length and number of terms shall be established in accordance with the then
existing zoning ordinance. The Commission members shall be qualified Town voters. No
member shall serve on the Commission for more than three(3) completed consecutive terms,
exclusive of any unexpired term to which the member may have been appointed to fill due to a
vacancy on the Commission.Any vacancy occurring during the unexpired term of a member
shall be filled by the Town Council for the remainder of the unexpired term.In d*y October
of each year, the Commission shall elect from its members a Chairman,Vice Chairman, and
Secretary to serve for one(1)year beginning in that month.Members of the Commission may
be removed,without cause,by an affirmative vote of a majority of the full membership of the
Town Council.
PROPOSITION NO. 16
Shall Sections 9.02 (Duties and Powers) and 9.04 (The Comprehensive Plan: Procedure and Legal
Effect) of the Charter be amended to clarify that the affirmative vote of a majority of the Town
Council present is required to overrule a recommendation of denial by the Planning and Zoning
Commission and clarifying that deviations of land use and development regulations as set forth in the
Comprehensive Plan must be submitted and approved by the Commission?
Ordinance Adopting Charter Amendments Page 13
592982-1
SECTION 9.02 Duties and Powers-Amended to read as follows:
(3) ttle faNa �lsol-tlnn+ � t;+ �~- i►at
whieheve is " Utla Fown-oaaaa jl The affirmative vote of a majority of the Town
Council present is required to overrule a recommendation of the Commission that a proposed
zoning amendment, supplement, or change be denied.
SECTION 9.04 The Comprehensive Plan: Procedure and Legal Effect-Amended to read as
follows:
(3) Following the adoption by the Town Council of the Comprehensive Plan, and any
revisions thereto, it shall serve as a guide to all future Town Council action concerning land
use and development regulations and expenditures for capital improvements. Any proposal
which deviates from the Comprehensive Plan re larding land use and development regulations
shall not be authorized until and unless the location and extent thereof shall have been
submitted to and approved by the Commission. In case of denial, the Commission shall
communicate its reasons to the Town Council, which shall have the power to overrule such
denial with avefe-of the affirmative vote of a majority of the Town Council present three-
fo-ttrtl /4th )tla)f-th .aarnei nb r paw , � v wlaiela rent+ a=, and
upon such overruling,the Town Council or the appropriate office,department or agency shall
have authority to proceed.
PROPOSITION NO. 17
Shall Section 11.07 (Regulation of Liquor and Beer) of the Charter be amended to provide that the
sale of liquor by a person holding a package store permit, as described by the Texas Alcoholic
Beverage Code, is prohibited in any zoning district which allows, in whole or in part, residential
development?
SECTION 11.07 Regulation of Liquor and Beer-Amended to read as follows:
SECTION 1,1..07 li uliati*Lt2 --1 " int tnd-leer-Sale of Iiia uor Prohibited in Residential
Districts
The sale of liquor. as defined in the Texas Alcoholic Beverage Code. as amended. shall be
Prohibited by a person or entity holding a vacka ye store Permit, as described in the Texas
Alcoholic.Beverage Code,as amended inany zoning,district which allows in whole or in Part
residential develo anent in the Town.amd+ b� eer-i: rr(,4il-&a—arll identiial! eetioasor-aaa
o�a�'l�rwn-ta -ale�i naatetl...:h .�onjn tea°-ali�vnee�aaa • . nive-1�' ae�I=�a . Tfae
Ordinance Adopting Charter Amendments Page 14
592982-1
cn ou1t iluwtn ' rlo� ., ger�n ittedhaw;
PROPOSITION NO. 18
Shall Section 12.03 (Notice of Claim)of the Charter be amended to require a person to file a notice
of claim against the Town within ninety(90)days after the time at which it is claimed damages were
inflicted on a person or property?
SECTION 12.03 Notice of Claim—Amended to read as follows:
The Town shall not be held liable on account of any claim for the death of any person or
injuries to any person or damage to any property unless the person making such complaint or
claiming such damages shall,within ninell 0d . after the time at which it is
claimed such damages were inflicted upon such person or property, file with the Town a
written statement, under oath, stating the nature and character of such damages or injuries,
the extent of the same,the place where same happened,the circumstances under which same
happened and the condition causing same,with a detailed statement of each item of damages
and the amount thereof, giving a list of any witnesses known by affiant to have seen the
accident.
PROPOSITION NO. 19
Shall Section 13.04(Officers and Employees)be deleted from the Charter to remove an unnecessary
transitional provision from the original adoption of the Charter which pertained to officers and
employees who existed at the time of the original adoption of the Charter?
SECTION 13.04 Officers and Employees—Deleted as follows:
x-eep4--- p eifie;ally-p,rovi
a�l��latio�a_oft�hi�l��tet �,��=. � t-l�e� a�v-i�al+Baa.t,-1r -'�Cnwn-Alr��-i�rist�=�at��ha11-b -deml
PROPOSITION NO. 20
Shall Section 14.05 (Employee's Political Activities)of the Charter be amended to clarify that Town
employees are prohibited from contributing to,making,soliciting or receiving contributions for and
participating in any campaign activities of a Council Member or Mayoral candidate rather than any
other candidate for office?
Ordinance Adopting Charter Amendments Page 15
592982-1
SECTION 14.05 Employee's Political Activities-Amended to read as follows:
No person who holds any compensated non-elective Town position shall make,solicit or receive
any contribution for any candidate for puhlie-office-in4he Council Memberor Mayo ,or take
part in the management, affairs or political campaign of such candidate. Such person may
exercise his or her rights as a citizen to express his or her opinion and cast his or her vote.
PROPOSITION NO. 21
Shall Section 14.09 (No Officer or Employee to Accept Gifts, Etc.) of the Charter be amended to
provide for revised prohibitions, requirements, and procedures related to the acceptance of gifts by
Town Officials?
SECTION 14.09 No Officer to Accept Gifts, Etc. -Amended to read as follows:
SECTION 14.09 No Officer or Employee to Accept Gifts, Etc.
No officer of the Town shall ever accept directly or indirectly, any gift or benefit esce t 11s
authorized in the Town's Code of Ethics as set forth in Ordinance No.. 08-036. as it exists or
may be amended. If found in violation of this section,the officer shall immediatelv forfeit his
or her office and shall be ineligible for annointment or election to a Vosition in the Town for a
period of five (5) years from the date the violation is determined to have occurred.
(T -1 t eer- "inplo I=
Shall Sections 15.01 (Charter Review Commission) and 15.02 (Petition to Amend Charter) of the
Charter be amended to state that the Town shall appoint a Charter Review Commission at least once
every ten(10)years or earlier if not prohibited by law,and that each signature on a petition to amend
the charter shall conform to the requirements for information set forth in the Texas Election Code?
SECTION 15.01 Charter Review Commission —Amended to read as follows:
(1) The Town Council shall appoint a Charter Review Commission at least once every six
ten (610)jears, or earlier if not prohibited by law. The Charter Review Commission
shall consist of ten (10) citizens of the Town who shall:
(A) Inquire into the operation of the Town government under the Charter and
determine whether any provisions require revision.To this end,public hearings
may be held. The Commission may compel the attendance of any officer or
employee of the Town and require submission of any Town records;
(B) Propose any recommendations it deems desirable to insure compliance with the
Charter of the Town government; and
(C) Report its findings and present its recommendations to the Town Council.
SECTION 15.02 Petition to Amend Charter—Amended to read as follows:
Amendments to this Charter may be framed and submitted to the qualified voters of the Town
in the manner provided by the Constitution and the laws of the State of Texas;including upon
the Town Council's own motion or upon petition by five percent(5%)of the registered voters
in the Town or twenty-thousand (20,000) registered voters of the Town, whichever is less.
Each si n raturc on a of sueh petition to amend shall1 a r �t A c a trvsnn ll i wa
l�wr-ll�er�mm��h+��ete-�i��-i�all� nn� le�e��eil—l�Er��efiti�l�ai�IM+�t���eM-vmz�Ii�l-it-n�t
"a-a wljclAgmAur f rtl `'l q ter a I' as
flaei�lnwfrle conform to the requirement for information as set forth in the Texas Election
Code as amended.
Ordinance Adopting Charter Amendments Page 17
592982-1
EXHIBIT "C"
(Town Charter with May 14, 2011 Amendments)
Ordinance Adopting Charter Amendments Page 18
592982-1
TOWN CHARTER
TOWN OF PROSPER
TEXAS
TOWN CHARTER COMMISSION
Adopted November 7, 2006
Revised May 14, 2011
DRAFT 1:
INCLUDES RESULTS OF
OCTOBER 18 2010 NOVEMBER 8,201_0.,
NOVEMBER 29, 2010 (no action due to lack of auorum). DECEMBER 8, 2010
and JANUARY 10 2011 CRC MEETINGS
ARBJ Doc#583406 v6 FINAL
#583406v6 FINAL Committee Recommendations/Council Changes
Page 1
Mayor Charles Niswanger
Town of Prosper
113 W. Broadway
Prosper, Texas 75078
Dear Mayor Niswanger:
Attached is the proposed Home Rule Charter for the Town of Prosper. The Charter Commission,
which was appointed by the Town Council on the —th day of , 2006, has completed its
work and submits this Charter for approval by the voters.
The Charter shall be submitted to the qualified voters of the Town of Prosper for adoption or
rejection at a Town election, to be held on November 7, 2006, at which election if a majority of the
qualified voters voting in such election shall vote in favor of the adoption of this Charter and the
Town Council enters an order in the records of the Town declaring the Charter is adopted, it shall
then immediately become the Charter and governing law of the Town of Prosper until amended or
rejected. Submission of this Charter by sections being impractical, it is hereby prescribed that the
form of ballot to be used in such election shall be as follows:
FOR THE ADOPTION OF THE CHARTER
m AGAINST THE ADOPTION OF THE CHARTER
The Town Secretary shall mail a copy of the Charter to each registered voter of the Town of
Prosper not less than thirty (30) days prior to the date of the election.
We, the duly elected and undersigned members of the Home Rule Charter Commission of the
Town of Prosper, wish to express publicly our deep appreciation to you and the other officers and
employees of the Town and to the citizens of the Town of Prosper for the support, encouragement,
and the trust given our efforts in the preparation of this document. We submit to you and them our
work, our interest, and our effort for implementation.
Respectfully submitted,
HOME RULE CHARTER COMMISSION
#583406v6 FINAL Committee Recommendations/Council Changes
Page 2
H2O�ME RULE
CHARTER
OF
THE TOWN OF PROSPER, TEXAS
To be submitted to a vote of the people on:
Originally Submitted November 7, 2006
First Amendment Submitted May 14, 2011
#583406v6 FINAL Committee RecommendEtions/Council Changes
Page 3
TABLE OF CONTENTS
ARTICLE I Form of Government and Boundaries
Sec. 1.01 Form of Government 1
Sec. 1.02 The Boundaries 1
Sec. 1.03 Extension of Boundaries 1
ARTICLE II Powers of the Town
Sec. 2.01 General Powers of the Town 2
Sec. 2.02 Public Improvements 2
Sec. 2.03 Miscellaneous Powers 2
ARTICLE III The Town Council
Sec. 3.01 Composition 2
Sec. 3.02 Limitations on Terms
Sec. 3.03 Qualifications of Town Council 3
Sec. 3.04 Compensation 3
Sec. 3.05 Mayor, Mayor Pro-Tem, and Deputy Mayor Pro-Tem 3
Sec. 3.06 Vacancies, Forfeiture and Filling of Vacancies 4
Sec. 3.07 Powers of the Town Council 4
Sec. 3.08 Prohibitions 5
Sec. 3.09 Meetings of the Town Council 6
Sec. 3.10 Quorum and Voting 6
Sec. 3.11 Conflict of Interest 6
Sec. 3.12 Abstention 6
Sec. 3.13 Rules of Procedures 6
Sec. 3.14 Passage of Ordinances in General 6
Sec. 3.15 Emergency Ordinances 7
Sec. 3.16 Authentication, Recording, Codification, Printing and Distribution 7
Sec. 3.17 Investigations by the Town Council 8
Sec. 3.18 Bond 8
Sec. 3.19 Code of Ethics 8
ARTICLE IV Town Administration
Sec. 4.01 Town Manager 8
Sec. 4.02 Town Secretary 10
Sec. 4.03 Municipal Court 10
Sec. 4.04 Town Attorney 11
Sec. 4.05 Administrative Departments, Offices and Agencies 11
Sec. 4.06 Personnel System 12
ARTICLE V Nominations and Elections
Sec. 5.01 Town Elections 12
Sec. 5.02 Filing for Office 13
Sec. 5.03 Official Ballots 13
4583406v6 FINAL Committee Recommendations/Council Changes
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Sec. 5.04 Official Results 13
Sec. 5.05 Taking of Office 14
ARTICLE VI Recall, Initiative, and Referendum
Sec. 6.01 Scope of Recall 14
Sec. 6.02 Petitions for Recall 14
Sec. 6.03 Form of Recall Petition 14
Sec. 6.04 Various Papers Constituting Petition 15
Sec. 6.05 Presentation of Petition to the Town Council 15
Sec. 6.06 Public Hearing to be Held 15
Sec, 6.07 Calling of Recall Election 16
Sec. 6.08 Ballots in Recall Election 16
Sec. 6.09 Result of Recall Election 16
Sec. 6.10 Recall, Restrictions Thereon 16
Sec. 6.11 Failure of the Town Council to Call an Election-Recall 16
Sec. 6.12 General Power of Initiative and Referendum 16
Sec. 6.13 Initiative 17
Sec. 6.14 Referendum 17
Sec. 6.15 Voluntary Submission of Legislation by the Town Council.. 17
Sec. 6.16 Form of Ballots 18
Sec. 6.17 Publication of Proposed and Referred Ordinances 18
Sec. 6.18 Adoption of Ordinances 18
Sec. 6.19 Inconsistent Ordinances 18
Sec. 6.20 Ordinances Passed by Popular Vote, Repeal or Amendment 18
Sec. 6.21 Further Regulations by the Town Council 18
Sec. 6.22 Failure of the Town Council to Call an Election-Initiative or Referendum 18
ARTICLE VII Financial Procedures
Sec. 7.01 Fiscal Year 19
Sec. 7.02 Submission of Budget and Budget Message 19
Sec. 7.03 Budget Message 19
Sec. 7.04 Budget a Public Record 19
Sec. 7.05 Public Hearing on Budget 19
Sec. 7.06 Proceeding on Adoption of Budget 19
Sec. 7.07 Budget, Appropriation and Amount to be Raised by Taxation 20
Sec. 7.08 Contingent Reserve 20
Sec. 7.09 Amending the Budget 20
Sec. 7.10 Certification; Copies Made Available 20
Sec. 7.11 Capital Program 20
Sec. 7.12 Defect Shall Not Invalidate the Tax Levy 21
Sec. 7.13 Lapse of Appropriations 21
Sec. 7.14 Borrowing 21
Sec. 7.15 Purchasing 22
Sec. 7.16 Administration of Budget 22
Sec. 7.17 Depository 23
Sec, 7.18 Independent Audit 23
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Sec. 7.19 Power to Tax 23
Sec. 7.20 Office of Tax Collector 23
Sec. 7.21 Taxes; When Due and Payable 23
Sec. 7.22 Tax Liens, Liabilities and Suits 24
ARTICLE VIII Boards and Commissions
Sec. 8.01 Authority, Composition and Procedures 24
ARTICLE IX Planning & Zoning Commission
Sec. 9.01 Organization 25
Sec. 9.02 Duties and Powers 25
Sec. 9.03 Procedure 26
Sec. 9.04 The Comprehensive Plan: Procedure and Legal Effect 26
Sec. 9.05 Board of Adjustment 27
ARTICLE X Utility and Public Service Franchises and Licenses
Sec. 10.01 Authority 27
Sec. 10.02 Ordinance Granting Franchise 27
Sec. 10.03 Transfer of Franchise 27
Sec. 10.04 Franchise Value Not to be Allowed 27
Sec. 10.05 Right of Regulation 27
Sec. 10.06 Regulation of Rates 28
Sec. 10.07 Licenses 29
ARTICLE XI General Provisions
Sec. 11.01 Public Records 29
Sec. 11.02 Official Newspaper 29
Sec. 11.03 Oaths 29
Sec. 11.04 Severability 29
Sec. 11.05 Wording Interpretation 29
Sec. 11.06 Town Depository 29
Sec. 11.07 Sale of Liquor Prohibited in Residential Districts 30
ARTICLE XII Legal Provisions
Sec. 12.01 Assignment, Execution and Garnishment 30
Sec. 12.02 Security and Bond 30
Sec. 12.03 Notice of Claim 30
Sec. 12.04 Power to Settle Claims 30
Sec. 12.05 Service of Process Against the Town 30
Sec. 12.06 Judicial Notice 30
Sec. 12.07 Pending Matters 31
Sec. 12.08 Property Not Exempt from Special Assessments 31
Sec. 12.09 Town Council May Require Bonds 31
Sec. 12.10 Disaster Clause 31
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ARTICLE XIII Transitional Provisions
Sec. 13.01 Effective Date 31
Sec. 13.02 Continuation of Elective Offices 31
Sec. 13.03 Continuation of Operation 32
ARTICLE XIV Nepotism, Prohibitions and Penalties
Sec. 14.01 Nepotism 32
Sec. 14.02 Equality of Rights 32
Sec. 14.03 Wrongful Influence 32
Sec. 14.04 Wrongful Interference 32
Sec. 14.05 Employee's Political Activities 32
Sec. 14.06 Penalties 32
Sec. 14.07 Indebtedness to Town 33
Sec. 14.08 Conflict of Interest 33
Sec. 14.09 No Officer to Accept Gifts, Etc 33
ARTICLE XV Review and Amendment of Charter
Sec. 15.01 Charter Review Commission 34
Sec. 15.02 Petition to Amend Charter 34
Sec. 15.03 Form of Petition to Amend Charter 34
Sec. 15.04 Various Papers Constituting Petition to Amend 35
Sec. 15.05 Presentation of Petition to the Town Council 35
Sec. 15.06 Calling of Election to Amend Charter 35
Sec. 15.07 Failure of the Town Council to Call an Election Following
Receipt of Valid Petition to Amend 35
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HOME RULE CHARTER
FOR
THE TOWN OF PROSPER, TEXAS
PREAMBLE
We, the citizens of Prosper, Texas, in order to establish a Home Rule municipal
government, provide for the future progress of our Town 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 of the Town
of Prosper, in Collin and Denton County, Texas living within the legally established boundaries of
the said Town, to be a political subdivision of the State of Texas, incorporated forever under the
name and style of the "Town of Prosper" with such powers, rights, privileges, authorities, duties,
and immunities, as are herein provided.
ARTICLE I
Form of Government and Boundaries
SECTION 1.01 Form of Government
The municipal government provided by this Charter, shall be known as the "Council-Manager
Government". Pursuant to its provisions, and subject only to the limitations imposed by the State
Constitution, the statutes of this State, and by this Charter, all powers of the Town shall be vested
in an elective council, hereinafter referred to as the "Town Council", which shall enact local
legislation, adopt budgets, determine policies, and appoint the Town Manager, who in turn, shall be
held responsible to the Town Council for the execution of the laws and the administration of the
government of the Town. All powers of the Town shall be exercised in the manner prescribed by
this Charter, or if the manner not be prescribed, then in such manner as may be prescribed by
ordinance, the State Constitution, or by the statutes of the State of Texas.
SECTION 1.02 The Boundaries
The citizens of the Town, Collin and Denton County, 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 "Town of Prosper" with such powers,
privileges, rights, duties, authorities, and immunities, as are herein provided. The records of the
Town of Prosper's boundaries shall be kept on file with the Town Secretary.
SECTION 1.03 Extension of Boundaries
The boundaries of the Town may be enlarged and extended by the annexation of additional
territory, irrespective of size and configuration, by the method hereinafter set forth:
(1) The Town Council shall have the power by ordinance to fix the boundary limits of
the Town and to provide for the alteration and extension of said boundary limits,
and the annexation of additional territory lying adjacent to the Town, in any manner
provided by law.
#583406v6 FINAL Committee Recommendations/Council Changes
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(2) When any additional territory has been so annexed, same shall be a part of the Town
and the property situated therein shall bear taxes levied by the Town, and the
citizens thereof shall be entitled to all the rights and privileges of the other citizens
of said Town, and shall be bound by the acts, ordinances, resolutions, and
regulations of the Town.
ARTICLE II
Powers of the Town
SECTION 2.01 General Powers of the Town
The Town shall have all powers and rights of self-government and home rule that exists now or
may be granted to municipalities by the Constitution and laws of the State of Texas, unless such
power or right is expressly prohibited or restricted by this Charter. The enumeration of particular
powers in this Charter shall not be held or deemed to be exclusive, and in addition to the powers
enumerated herein, implied herein or appropriate to the exercise thereof, the Town shall have and
may exercise 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 2.02 Public Improvements
The Town shall have the power to, among other things, construct and maintain, within or without
its corporate limits, public improvements as authorized by State statutes and such other public
improvements as the Town Council shall determine to serve a public purpose of the Town,
including but not limited to, constructing and maintaining streets, flood control and sanitary
facilities, water and storm drainage facilities in, over, under or upon all public property or
easements granted for that purpose and to levy assessments for the costs of such improvements.
The Town shall have the power to collect attorney's fees for the collection of paving assessment in
foreclosure cases as allowed under state law. It shall have the power to cause liens to be established
for the purpose of securing the payment of such levies and shall have the power to compel the use
of such improvements by the citizens of the Town.
SECTION 2.03 Miscellaneous Powers
The Town shall have the power to, among others, establish and maintain ordinances and
regulations governing the use of lands within the Town and to enforce by all lawful means these
ordinances and regulations, within and without its corporate limits. The Town shall have the power
to authorize, regulate and inspect all construction and existing structures within or without its
limits, consistent with state statutes, and to establish and enforce ordinances and regulations
concerning their use, construction and reconstruction. The Town shall have the power to contract
and be contracted with, to buy, sell, lease, lease-purchase, mortgage and/or manage property, to
acquire property by donation or condemnation, and to control such property as its interests require.
The Town shall have the power to license and regulate persons, corporations and associations
engaged in any business, occupation, profession or trade when authorized by state law. The Town
shall have all powers granted by any section of this Charter.
45834060 FINAL Committee Recommendations/Council Changes
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ARTICLE III
The Town Council
SECTION 3.01 Composition
(1) The "Town Council" shall be composed of a "Mayor" and six (6) "Council
Members" elected under the Place System, with there being Places 1, 2, 3, 4, 5 and
6. The Mayor and each Council Member shall be elected at large, and unless sooner
removed under the provisions of this Charter, shall serve for a term of three (3)
years, and until their successor has been elected and duly qualified. All of the Town
Council holding office at the time of passage of any amendments to this Charter
shall continue to hold their respective office until the respective term for which they
were elected expires.
(2) Terms of the Council Members shall be staggered so that every year there shall be
an election for two (2) of the Places as follows: Places 1 and 4; Places 2 and 6; and
Places 3 and 5. The Mayor shall be elected in the same year as Places 1 and 4.
SECTION 3.02 Limitations on Terms
No person shall serve as Mayor for more than three (3) consecutive elected terms, and no person
shall serve as Council Member for more than three (3) consecutive elected terms. No person shall
serve as Council Member and Mayor (combined) for more than eighteen (18) consecutive years.
For purposes of this Section 3.02 and computing the limitations on terms:
(1) a Mayor or Council Member, who vacates, for any reason, Town office before the
end of the term for which he or she was elected, shall be considered to have
completed that term.
(2) an appointment or election to fulfill an unexpired Council Member term, or
unexpired Mayor term if applicable, shall be computed as follows:
(i) if fifty percent (50%) or more of the term is remaining, it shall be included in
the computation of term limits; or
(ii) if less than fifty percent (50%) of the term is remaining, it shall not be
included in the computation of term limits.
Any Council Member or Mayor, who is ineligible to run for elected Town office due to the
limitations on terms as provided herein, shall remain ineligible to hold an elected Town office for a
period of ten (10) months following the expiration of the most recent term of Town office for
which he or she was elected.
To account for the transition to term limits, the term that each person on the Town Council is
currently filling, as of January 1, 2011, and all terms consecutively served prior to that current term
shall not count for purposes of determining whether three (3) consecutive terms have been served.
SECTION 3.03 Qualifications of Town Council
In addition to any other qualifications prescribed by law, the Mayor and each Council Member
shall meet the qualifications set forth in Article V of this Charter while in office.
#583406v6 FINAL Committee Recommendations/Council Changes
Page 3
SECTION 3.04 Compensation
The Town Council shall be entitled to reimbursement for actual expenses incurred in the
performance of official duties with the approval of the Town Council at a public meeting.
SECTION 3.05 Mayor, Mayor Pro-Tem and Deputy Mayor Pro-Tem
(1) The Mayor shall attend and preside at meetings of the Town Council. The Mayor
shall participate in the discussion of all matters coming before the Town Council
and shall have a vote on all matters before the Town Council. The Mayor shall also
represent the Town in intergovernmental relationships, present an annual state of the
Town message, and perform other duties specified by the Town Council and/or
imposed by this Charter and by ordinances and resolutions passed in pursuance
thereof. Additionally, the Mayor may sign, after authorization by the Town
Council, all contracts and conveyances made or entered into by the Town and all
bonds, warrants and any other obligation issued under the provisions of this Charter,
in the manner prescribed in the ordinance or resolution authorizing the signing of
any such obligation. The Mayor shall be recognized as head of the Town
government for all ceremonial purposes, and by the Governor for purposes of
military law, but shall have no regular administrative duties.
(2) The Mayor Pro-Tem shall be a Council Member elected by the Town Council at the
first regular meeting after each election of Council Members and/or Mayor or at the
first regular meeting after any applicable run-off election, whichever is later. 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.
(3) The Deputy Mayor Pro-Tem shall be a Council Member elected by the Town
Council at the first regular meeting after each election of Council Members and/or
Mayor or at the first regular meeting after any applicable run-off election, whichever
is later. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or
absence of the Mayor and Mayor Pro-Tem, and in this capacity shall have the rights
conferred upon the Mayor.
SECTION 3.06 Vacancies, Forfeiture and Filling of Vacancies
(1) The office of a Council Member or the Mayor shall become vacant upon his or her
death, resignation, forfeiture of, or removal from office by any manner authorized
by law.
(2) If any member of the Town Council is absent from three (3) consecutive regular
meetings, or twenty-five percent (25%) of regularly scheduled meetings during the
twelve-month (12-month) period immediately preceding and including the absence
in question Imo."12-month perwithout explanation acceptable to a majority of
the remaining members of the Town Council, his or her office shall be declared
vacant at the next regular meeting of the Town Council by resolution. Tlie 12-month,
period sl all not be Bila Iintil :hgie 1 2012.
(3) Any person on the Town Council who ceases to possess the required qualifications
for office or who is convicted of a felony or of a misdemeanor involving moral
turpitude or is convicted of violating any state laws regulating conflicts of interest of
#583406v6 FINAL Committee Recommendations/Council Changes
Page 4
municipal officers shall forfeit his or her office. Every forfeiture shall be declared
and enforced by the Town Council.
(4) If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special
election within one hundred twenty (120) days after such vacancy occurs, in
accordance with the Texas Constitution and the Texas Election Code.
(5) A vacancy in the office of a Council Member, shall be filled by special election
within one hundred twenty (120) days after such vacancy occurs, in accordance with
the Texas Constitution and the Texas Election Code. If the vacated office is that of
Mayor Pro-Tem or Deputy Mayor Pro-Tem, the Town Council shall elect a new
Mayor Pro-Tem or Deputy Mayor Pro-Tem at the next regular meeting.
(6) Vacancies filled by special election shall be for the remainder of the term that was
vacated.
SECTION 3.07 Powers of the Town Council
All powers of the Town and the determination of all matters of policy shall be vested in the Town
Council. Except where in conflict with and otherwise expressly provided by this Charter, the Town
Council shall have all powers authorized to be exercised by the Constitution and laws of the United
States and the State of Texas and the acts amendatory thereof and supplementary thereto, now or
hereafter enacted. Without limitation of the foregoing and among the other powers that may be
exercised by the Town Council, the following are hereby enumerated for greater certainty:
(1) Appoint and remove the Town Manager;
(2) Appoint and remove the Municipal Judge(s) of the Municipal court;
(3) Appoint and remove the Town Attorney;
(4) Designate items to appear on a future agenda of a Town Council meeting for
consideration and/or discussion;
(5) Establish administrative departments;
(6) Adopt the budget of the Town;
(7) Collectively inquire into the conduct of any office, department or agency of the
Town and make investigations as to municipal affairs;
(8) Provide for a Planning & Zoning Commission and a Board of Adjustment and other
boards as deemed necessary, and appoint the members of all such boards and
commissions. Such boards and commissions shall have all powers and duties now or
hereafter conferred and created by this Charter, by Town ordinance or by law;
(9) Adopt and modify the official map of the Town;
(10) Adopt, modify and carry out plans in cooperation with the Planning & Zoning
Commission for the replanning, improvement and redevelopment of specific areas
of the Town;
(11) Adopt, modify and carry out plans in cooperation with the Planning & Zoning
Commission for the replanning, reconstruction or redevelopment of any area or
district which may have been destroyed in whole or part by disaster;
(12) Regulate, license and fix the charges or fares made by any person owning, operating
or controlling any vehicle of any character used for the carrying of passengers for
hire on the public streets and alleys of the Town;
(13) Provide for the establishment and designation of fire limits and prescribe the kind
and character of buildings or structures or improvements to be erected therein;
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provide for the erection of fireproof buildings within certain limits; and provide for
the condemnation of dangerous structures of buildings or dilapidated buildings or
buildings calculated to increase the fire hazard, and the manner of their removal or
destruction;
(14) Fix and regulate rates and charges of all utilities and public services;
(15) Adopt plats, unless the Town Council votes to give this authority to the Planning &
Zoning Commission or Town staff.
SECTION 3.08 Prohibitions
(1) Except where authorized by law or by this Charter, no Mayor or Council Member
shall hold any other Town office or Town employment during his or her term as
Mayor or Council Member. No former Mayor or Council Member shall hold any
compensated appointive office or Town employment until one (1) year after the
expiration of the term for which they were elected or appointed to the Town
Council.
(2) Members of the Town Council shall not in any way dictate the appointment or
removal of the Town administrative officers or employees whom the Town Manager
or any of the Town Manager's subordinates are empowered to appoint. The Town
Council, at a meeting called for that purpose, may express its views and fully and
freely discuss with the Town Manager anything pertaining to appointment and
removal of such officers and employees.
(3) Except for the purpose of inquiries and investigations as provided by this Charter,
the Town Council shall deal with Town officers and employees who are subject to
the direction and supervision of the Town Manager solely through the Town
Manager. The Town Council shall not give orders to any such officer or employee
either publicly or privately except as otherwise provided in this Charter.
SECTION 3.09 Meetings of the Town Council
(1) The Town 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
Town. The Town Council shall fix by ordinance the date and time of the regular
meetings.
(2) Special meetings of the Town Council shall be held at the call of the Mayor or a
majority of the Council Members upon provision of public notice in accordance
with state law.
(3) Except as provided by state law, all Town Council meetings shall be open to the
public and shall be held and notice given in accordance with the Texas Open
Meetings Act.
SECTION 3.10 Quorum and Voting
Four (4) members of the Town Council shall constitute a quorum for the purpose of transaction of
business. No action of the Town Council, except as specifically provided in this Charter, shall be
valid or binding unless adopted by the affirmative vote of a majority of the Town Council present.
If a certain percentage of affirmative votes to pass a measure is required, the number of affirmative
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votes must be measured against the entire qualified Town Council, not just the number present and
voting.
SECTION 3.11 Conflict of Interest
Should any person on the Town Council have a conflict of interest, pursuant to any state laws
and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda item
then before the Town Council, he or she shall openly declare same before discussion proceeds, and
he or she is thereby prohibited from discussing the item or voting on the question, and is not
considered as present and voting for the purposes of calculating the outcome of a vote.
SECTION 3.12 Abstention
Should any person on the Town Council choose to abstain from voting on any question before the
Town Council, where no conflict of interest exists, the person's vote shall be recorded as a negative
vote in the official minutes of the meeting.
SECTION 3.13 Rules of Procedure
The Town Council shall determine, which may be done by ordinance, resolution or otherwise, its
own rules of order and business. The Town Council shall provide that the citizens of the Town
shall have a reasonable opportunity to clearly hear and be heard at public hearings with regard to
specific matters under consideration. The Town Council shall provide for minutes to be taken and
recorded for all public meetings as required by law. Such minutes shall be a public record and shall
be kept and maintained by the person performing the duties of the Town Secretary.
SECTION 3.14 Passage of Ordinances in General
(1) The Town Council shall legislate by ordinance only, and the enacting clause of
every ordinance shall be `Be it ordained by the Town Council of the Town of
Prosper, Texas . . . .". Each proposed ordinance shall be introduced in the written or
printed form required for adoption. No ordinance shall contain more than one (1)
subject which shall be clearly expressed in its title. General appropriation ordinances
may contain various subjects and accounts for which monies are to be appropriated.
After adoption, an ordinance shall not be amended or repealed except by the
adoption of another ordinance amending or repealing the original ordinance. Copies
of any proposed ordinance, in the form required for adoption, shall be furnished to
the Town Council. Copies of the proposed ordinance, in the form required for
adoption, shall be available at the Town offices and shall be furnished citizens upon
request to the Town Secretary from and after the date on which such proposed
ordinance is posted as an agenda item for a Town Council meeting and, if amended,
shall be available and furnished in amended form for as long as the proposed
ordinance is before the Town Council.
(2) A proposed ordinance which has been amended in substance after its placement on
the agenda for a Town Council meeting may not be voted on at such meeting. Such
amended ordinance shall be placed upon the agenda of a subsequent meeting of the
Town Council in accordance with the provisions of this Article. All persons
interested in such ordinance shall have a reasonable opportunity to be heard.
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(3) Unless otherwise required by law, every ordinance shall become effective upon
adoption or at any later time(s) specified in the ordinance, except that every
ordinance imposing any penalty, fine or forfeiture shall become effective only after
having been published once in its entirety or summary form after adoption, in a
newspaper designated as the official newspaper of the Town.
(4) If a majority of the Town Council present request that the ordinance title and caption
or its entirety be read, it must be read.
SECTION 3.15 Emergency Ordinances
(1) The Town Council may adopt emergency ordinances only to meet public
emergencies affecting life, health, property or the public peace. In particular, such
ordinances shall not levy taxes, grant or renew or extend a franchise, or regulate the
rate charged by any public utility for its services. Neither shall they authorize the
borrowing of money except as provided elsewhere in this Charter.
(2) An emergency ordinance shall be introduced in the form and manner generally
prescribed for ordinances, except that they shall be plainly designated in the title as
an emergency ordinance and shall contain after the enacting clause a declaration
stating that an emergency exists and describing the emergency in clear and specific
terms.
(3) An emergency ordinance may be introduced at any Town Council meeting and can
be adopted with or without amendment or rejected at the meeting at which it is
introduced. The affirmative vote of at least five (5) members of the Town Council
shall be required for adoption.
(4) Emergency ordinances shall become effective upon adoption and shall be published
as soon thereafter as practicable. Every emergency ordinance so adopted, except one
authorizing the borrowing of money as described herein, is automatically repealed
as of the sixty-first (61S) day following the day on which it became effective. The
ordinance may be re-enacted if the emergency still exists.
SECTION 3.16 Authentication, Recording, Codification, Printing and Distribution
(1) All ordinances and resolutions adopted by the Town Council shall be authenticated
by seal and signature of the person performing the duties of the Town Secretary and
numbered consecutively as adopted. They shall be properly indexed and placed in a
book kept open for public inspection.
(2) The Town Council may codify the ordinances of the Town. If adopted, the
codification shall be known and cited as "The Prosper Town 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 Town may be omitted without affecting the validity of such
ordinances when codified. Every general ordinance enacted subsequent to such
codification shall be enacted as an amendment to the code. For the purpose of this
section, general ordinances shall be deemed to be those ordinances of a permanent
or continuing nature which affect the residents of the Town at large. Copies of the
code shall be furnished to Town Officers, placed in Town offices and made
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available for purchase by the public at a reasonable price to be fixed by the Town
Council.
(3) The Town Council shall cause all ordinances and amendments to this Charter to be
printed promptly following their adoption. A copy of each ordinance and
amendment shall be placed in appropriate Town offices for public reference.
Printed ordinances and Charter amendments shall be sold to the public at a
reasonable price to be fixed by the Town Council.
SECTION 3.17 Investigations by the Town Council
The Town Council shall have the power to inquire into the official conduct of any department,
agency, office, officer or employee of the Town. For that purpose, the Town Council shall have
the power to administer oaths, subpoena witnesses and compel the production of books, papers or
other evidence material to the inquiry. The Town Council shall provide, by ordinance, penalties for
contempt for failing or refusing to obey any such subpoena 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
the ordinance.
SECTION 3.18 Bond
The Town Council shall require all municipal officers and employees who receive or pay out any
monies of the Town to be bonded or cause each to be covered under a Public Employee Dishonesty
Property Crime Coverage Policy with a company that maintains a minimum rating of"A" by A.M.
Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in
the State of Texas. The amount of the bonds or policy coverage limits shall be determined by the
Town Council and the cost shall be borne by the Town.
SECTION 3.19 Code of Ethics
The Town Council shall adopt and maintain, by ordinance or resolution, a Code of Ethics for the
purpose of, among other things, establishing and defining the bounds of reasonable ethical behavior
by the Town Council and all appointed Town Officials.
ARTICLE IV
Town Administration
SECTION 4.01 Town Manager
(1) The Town Council shall appoint, upon the affirmative vote of a majority of the full
membership of the Town Council, a Town Manager who shall serve as Chief
Administrative Officer of the Town. The Town Manager shall be responsible to the
Town Council for administration of all the affairs of the Town, with only those
exceptions that are named in this Charter. The Town Manager shall be appointed
solely upon the Town Manager's executive, administrative and educational
qualifications. The Town Manager need not be a resident of the Town when
appointed, but shall, if required by the Town Council, reside within the Town during
the balance of the tenure of his or her appointment.
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(2) The Town Council shall fix the compensation of the Town Manager, and the Town
Manager's compensation may be amended, from time to time, in accordance with
the Town Manager's experience, qualifications and performance.
(3) The Town Manager shall be appointed for an indefinite term, and may be removed
at the discretion of the Town Council by the affirmative vote of a majority of the full
membership of the Town Council. Upon decision to remove the Town Manager,
notice, in writing, of such decision shall be furnished to him or her.
(4) In case of the absence, disability or suspension of the Town Manager, the Town
Council may designate a qualified administrative officer of the Town to perform the
duties of the office.
(5) The Town Manager shall:
(A) Appoint, suspend and remove all Town employees and appointive
administrative officers provided for in this Charter, except as otherwise
provided by law, this Charter or personnel rules adopted pursuant thereto;
(B) Direct and supervise the administration of all departments, offices and
agencies of the Town, except as otherwise provided by law or this Charter;
(C) See that all state laws and Town ordinances are effectively enforced;
(D) Attend all Town Council meetings, with the right to take part in discussion,
but the Town Manager shall not vote;
(E) Prepare and accept, or designate an appropriate department head or Town
employee to prepare and accept, items for inclusion in the official agenda of
all Town Council meetings and meetings of all boards and commissions;
(F) Prepare and recommend to the Town Council the annual budget and capital
program, and administer the budget as adopted by the Town Council;
(G) Keep the Town Council fully advised at least quarterly as to the financial
conditions and future needs of the Town, and make such recommendations
concerning the affairs of the Town, as the Town Manager or the Town
Council deems desirable or necessary;
(H) Make reports as the Town Manager or the Town Council may require
concerning the operations of the Town departments, offices, or agencies
subject to the Town Manager's direction or supervision; and
(1) Perform such other duties as are specified in this Charter or may be required
by the Town Council, and are consistent with this Charter or state or federal
law.
SECTION 4.02 Town Secretary
(1) The Town Manager shall be responsible for hiring and terminating the Town
Secretary.
(2) The Town Manager shall fix the compensation of the Town Secretary, and the Town
Secretary's compensation may be amended, from time to time, in accordance with
the Town Secretary's experience, qualifications and performance.
(3) The Town Secretary shall:
(A) Give notice of all official public meetings of the Town Council in a manner
consistent with this Charter and state laws;
(B) Attend all public meetings and hearings of the Town Council;
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(C) Keep the minutes of the proceedings of all public official meetings and
hearings of the Town Council in a manner prescribed by the Town Council
consistent with applicable law;
(D) Act as custodian of all official records of the Town Council;
(E) Hold and maintain the seal of the Town and affix this seal to all appropriate
documents;
(F) Authenticate by signature and seal and record all ordinances, resolutions and
proclamations of the Town; and
(G) Perform such other duties as may be required by the Town Manager
consistent with this Charter and the laws of the State of Texas.
SECTION 4.03 Municipal Court
(1) The Town Council shall establish and cause to be maintained a Municipal Court.
The Court shall have all the powers and duties as are now, or as may be, prescribed
by the laws of the State of Texas.
(2) The Town Council shall appoint by the affirmative vote of a majority of the full
membership of the Town Council such Municipal Judges of the Municipal Court as
may be necessary. The Municipal Judge(s) of the Municipal Court(s) shall be
appointed to a term of two (2) years and may be appointed to additional consecutive
terms upon completion of his/her/their term(s) of office. The appointment of the
Municipal Judge(s) may be terminated at any time by the affirmative vote of a
majority of the full membership of the Town Council. The Municipal Judge(s) shall
receive compensation as may be determined by the Town Council.
(3) In the event of failure of any Municipal Judge to perform his or her duties, the
Mayor shall act in the Municipal Judge's place and stead (and in the event of a
vacancy, until a Municipal Judge is appointed by the Town Council to fill the
vacancy). If the Mayor acts as Municipal Judge, the Mayor shall be compensated at
the same salary, if any, as the Municipal Judge for whom the Mayor is acting.
(4) The Clerk and Deputy Clerks of the Municipal Court(s) shall have the power to
administer oaths, certify affidavits, make certificates, affix the seal of the Court, and
perform all usual and necessary clerical acts in conducting the business of the
Court(s) including but not limited to, the keeping of records and accounts of the
Municipal Court(s).
(5) All special expenses and fines imposed by the Municipal Court(s) shall be paid into
the Town Treasury for the use and benefit of the Town, as may be consistent with
present and future laws.
SECTION 4.04 Town Attorney
(1) The Town Council shall appoint by the affirmative vote of a majority of the full
membership of the Town Council a competent, duly qualified licensed and
practicing attorney in the State of Texas who shall serve as the Town Attorney.
(2) The Town Attorney shall:
(A) Serve as the legal advisor to the Town Council and Town Manager;
(B) Represent the Town in litigation and legal proceedings as directed by the
Town Council and the Town Manager; and
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(C) Review and provide opinions as requested by the Town Council or Town
Manager on contracts, legal instruments, ordinances of the Town and other
Town business.
(3) The Town Council shall have the right to retain special counsel at any time that it
may deem necessary and appropriate.
(4) The Town Attorney and Special Counsel shall receive compensation as may be
determined by the Town Council.
(5) The Town Attorney, with approval of the Town Council, may select additional
attorneys to act for him or her and the Town in its representation and/or litigation.
(6) The Town Attorney may be removed by the affirmative vote of a majority of the full
membership of the Town Council.
SECTION 4.05 Administrative Departments, Offices and Agencies
(1) The Town Council may, after hearing recommendations of the Town Manager,
establish, abolish, redesignate and/or combine departments, offices or agencies in
addition to those provided for by this Charter, and may prescribe the functions and
duties of such departments, offices and agencies.
(2) Except as provided elsewhere in this Charter, all departments, offices and agencies
of the Town shall be under the direction and supervision of the Town Manager, and
shall be administered by officers appointed by and subject to the direction and
supervision of the Town Manager. The Town Manager may, with the consent of the
Town Council, serve as the head of one (1) or more Town departments, offices or
agencies or appoint one (1) person as head of two (2) or more of them.
(3) The Town Manager may appoint a Town Tax Collector, whose duties and functions
shall be those usual to the office and consistent to existing or future laws of the State
of Texas as they may apply to Town or County Tax Collectors. The Town Manager
may recommend that the Town Council enter into an outside contract for such
services.
SECTION 4.06 Personnel System
(1) Personnel rules shall be prepared by the Town Manager and presented to the Town
Council, who may adopt them by ordinance, with or without amendment. The
adopted rules shall establish the Town as an Equal Opportunity Employer and shall
govern the equitable administration of the Personnel System of the Town.
(2) The adopted rules shall provide for the following requirements:
(A) A pay and benefit plan for all Town employment positions;
(B) A plan for working hours, attendance policy and regulation and provision for
sick and vacation leave;
(C) Procedure for the hearing and adjudication of grievances;
(D) Additional practices and procedures necessary to the beneficial and equitable
administration of the Town's personnel system;
(E) A plan for annual oral and written evaluation based on a job description for
all Town employees by their immediate supervisor, including evaluation of
the Town Manager, Town Secretary, Municipal Judge, and Town Attorney
by the Town Council; and
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(F) Procedure for the giving and receiving of gifts by Town employees.
ARTICLE V
Nominations and Elections
SECTION 5.01 Town Elections
(1) All Town elections shall be conducted in accordance with the Texas Election Code.
(2) The regular Town election shall be held annually on the second Saturday in May or
such other date as required by the Texas Election Code. The Town Council shall be
responsible for specification of places for holding such elections.
(3) The Town Council may, by resolution, order a special election for purposes
consistent with this Charter and laws of the State of Texas. The Town Council will
fix the time and places for such a special election, and provide all means for holding
same.
(4) Municipal elections shall be conducted by election officials appointed by the Town
Council, or as prescribed by law. Sample ballots identical in format to those used in
the specific election shall be posted in the voting place(s) for the purpose of voter
orientation.
(5) All municipal elections shall be publicized in accordance with the Texas Election
Code.
(6) A sample ballot shall be published twice in the official newspaper of the Town.
SECTION 5.02 Filing for Office
(1) Candidates for elective Town offices shall file for office in accordance with the
Texas Election Code.
(2) Candidates for elective Town offices shall meet the following qualifications:
(A) Shall be at least eighteen (18) years of age at the time of the election for
which they are filing;
(B) Shall meet all requirements to be a qualified voter set forth in the Texas
Election Code at the time of he election for which they are filing;
(C) Shall have resided within the corporate limits of the Town, or recently
annexed territory, for at least twelve (12) months immediately preceding the
filing date;
(D) Shall not, at the time of filing or while in office, be in arrears in payment of
taxes or other liabilities due the Town after notice of any delinquency;
(E) No candidate may file in a single election for more than one (1) office or
position as provided by this Charter;
(F) No employee of the Town shall continue in such position after filing for an
elective office provided for in this Charter;
(G) The office of an incumbent elected Town official shall become vacant when
the person holding such office files an application to have his or her name
placed on an official ballot as a candidate for any elective public office other
than the one such person holds, unless otherwise prohibited by law; and
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(H) Shall comply with all other Town ordinances or resolutions that may be
applicable.
SECTION 5.03 Official Ballots
(1) The name of each candidate seeking 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. If
two (2) or more candidates have the same surname, their residence addresses shall
be printed with their names on the ballot.
(2) The order of the names of the candidates on the ballot shall be determined by lot in a
public drawing to be held under the supervision of the person performing the duties
of the Town Secretary in accordance with the Texas Election Code.
(3) Procedures for voting by absentee ballot shall be consistent with the Texas Election
Code.
(4) An ordinance, bond issue, or Charter amendment to be voted on by the voters of the
Town shall be presented for voting by a clear, concise statement of the proposition,
approved by the Town Council, which statement shall describe the substance of the
measure without argument or prejudice.
(5) Procedures for write-in votes shall be consistent with the Texas Election Code.
SECTION 5.04 Official Results
(1) The candidate for elective office receiving a majority of the votes cast shall be
declared the winner. In the event that no candidate receives a majority of all votes
cast for any one place at such election, the Town Council shall, upon completion of
the official canvass of the ballots, issue a call for a runoff election to be held within
thirty (30) days following the issuance of such call, or in accordance with the Texas
Election Code. At such runoff election, the two (2) candidates receiving the highest
number of votes (or three (3) persons in case of tie for second place) for any one
place in the first election shall again be voted for.
(2) The returns of every municipal election shall be handled in accordance with the
Texas Election Code. These returns shall be delivered from the election judges to
the person performing the duties of the Town Secretary and the Mayor at Town Hall
as soon as possible after the closing of the polls. Election returns, general and
special, shall be presented to the Town Council at their next meeting following the
election, at which time the Town Council shall canvass and declare the results of the
election, which shall be recorded in the minutes of the meeting.
SECTION 5.05 Taking of Office
(1) Each newly elected person to the Town Council shall be inducted into office at the
first regular Town Council meeting following the election.
(2) At such meeting the oath shall be in accordance with the Town Charter.
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ARTICLE VI
Recall, Initiative, and Referendum
SECTION 6.01 Scope of Recall
Any elected Town official, whether elected to office by registered voters or appointed by the Town
Council to fill a vacancy, shall be subject to recall and removal from office by the registered voters
of the Town on grounds of incompetency, misconduct, or malfeasance in office.
SECTION 6.02 Petitions for Recall
Before the question of recall of such officer shall be submitted to the registered voters of the Town,
a petition demanding such question to be so submitted shall first be filed with the person
performing duties of Town Secretary, which said petition must be signed by qualified voters of the
Town of at least thirty percent (30%) of the number of voters voting in the last regular Town
election, or one hundred and fifty (150), whichever is greater. Each signature on a recall petition
shall conform to the requirements for information as set forth in the Texas Election Code, as
amended.
SECTION 6.03 Form of Recall Petition
The recall petition mentioned above must be addressed to the Town Council of the Town, must be
distinctly and specifically pointed to the grounds upon which such petition for removal is
predicated, and, if there be more than one (1) ground, said petition shall specifically state each
ground with such certainty as to give the officer sought to be removed notice of the matters and
things with which the officer is charged. The petition shall be verified by oath in the following
form:
"State of Texas"
County of
I, —, being first duly sworn, on oath depose and say that I am one of the signers of
the above petition, and that the statements made therein are true, and that each signature appearing
thereto was made in my presence on the day and date it purports to have been made, and I solemnly
swear that the same is the genuine signature of the person it purports to be.
......... ........... ............._.. ..................... .
Signature
Sworn and subscribed before me this day of .
Signed
Notary Public in and for
State of Texas
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SECTION 6.04 Various Papers Constituting Recall Petition
The petition may consist of one (1) or more copies, or subscription lists, circulated separately, and
the signatures thereto may be upon the paper or papers containing the form of petition, or upon
other paper attached thereto. Verifications provided for in Section 6.03 of this Article may be made
by one (1) or more petitioners, and the several parts of copies of the petition may be filed
separately and by different persons, but no signatures to such petition shall remain effective or be
counted which were placed thereon more than one hundred eighty (180) days, or such other length
of time as may be allowed by the Texas Election Code, prior to the filing of such petition or
petitions with the person performing the duties of Town Secretary. All papers comprising a recall
petition shall be filed with the person performing the duties of Town Secretary on the same day,
and the said person performing the duties of Town Secretary shall immediately notify, in writing,
the officer so sought to be removed, by mailing such notice to the officer's Town address.
SECTION 6.05 Presentation of Petition to the Town Council
Within twenty-one (21) days after the date of the filing of the papers constituting the recall petition,
the person performing the duties of Town Secretary shall verify the number of valid signatures and
present such petition to the Town Council of the Town.
SECTION 6.06 Public Hearing to be Held
The officer whose removal is sought may, within seven (7) days after such recall petition has been
presented to the Town Council, request that a public hearing be held to permit him or her to present
the facts pertinent to the charges specified in the recall petition. In this event, the Town Council
shall order such public hearing to be held, not less than five (5) days nor more than fifteen (15)
days after receiving such request for a public hearing.
SECTION 6.07 Calling of Recall Election
If the officer whose removal is sought does not resign, then the Town Council shall order an
election and set the date for holding such recall election. The date selected for the recall election
shall be in accordance with the Texas Election Code. If after the recall election date is established,
the officer vacates his or her position, the election shall be cancelled.
SECTION 6.08 Ballots in Recall Election
Ballots used at recall elections shall conform to the following requirements:
(1) With respect to each person whose removal is sought, the question shall be
submitted: "Shall be removed from the office of
by recall?"
(2) Immediately below each such question there shall be printed the following words,
one above the other, in the order indicated:
"Yes"
"No"
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SECTION 6.09 Result of Recall Election
If a majority of the votes cast at a recall election shall be "No", that is against the recall of the
person named on the ballot, the officer shall continue in office for the remainder of his or her
unexpired term, subject to recall as before. If a majority of the votes cast at such election be "Yes",
that is for the recall of the person named on the ballot, the officer shall, regardless of any technical
defects in the recall petition, be deemed removed from office and the vacancy be filled by the
Town Council as provided in this Charter.
SECTION 6.10 Recall, Restrictions Thereon
No recall petition shall be filed against any officer of the Town within three (3) months after the
officer's election, nor within three (3) months after an election for such officer's recall.
SECTION 6.11 Failure of the Town Council to Call an Election-Recall
In case that all the requirements of this Charter shall have been met and the Town Council shall fail
or refuse to receive the recall petition, or order such recall election, or discharge any other duties
imposed on the Town Council by the provisions of this Charter with reference to such recall, then
the District Judge of Collin County, Texas, shall discharge any of such duties herein provided to be
discharged by the person performing the duties of Town Secretary or by the Town Council.
SECTION 6.12 General Power of Initiative and Referendum
The registered voters of the Town, in addition to the method of legislation herein before provided,
shall have the power of direct legislation by the initiative and referendum.
(1) Initiative: Such power shall not extend to the budget or capital program or any
ordinance not subject to initiative as provided by state law, relating to appropriation
of money, issuing of bonds, levy of taxes or salaries of Town officers or employees.
(2) Referendum: Such power shall not extend to the budget or capital program or any
emergency ordinance or ordinance not subject to referendum as provided by state
law, relating to appropriation of money, issuing of bonds, or levy of taxes.
SECTION 6.13 Initiative
Following a review by the Town Attorney for enforceability and legality, registered voters of the
Town may initiate legislation by submitting a petition addressed to the Town Council which
requests the submission of a proposed ordinance or resolution to a vote of the registered voters of
the Town. Said petition must be signed by qualified voters of the Town of at least thirty percent
(30%) of the number of voters voting in the last regular Town election, or one hundred and fifty
(150), whichever is greater, and each copy of the petition shall have attached to it a copy of the
proposed legislation. The petition shall be signed in the same manner as recall petitions are signed,
as provided in this Article, and shall be verified by oath in the manner and form provided for recall
petitions in this Article. The petition may consist of one (1) or more copies as permitted for recall
petitions. Such petition shall be filed with the person performing the duties of Town Secretary.
Within twenty-one (21) days after the filing of such petition, the person performing the duties of
Town Secretary shall present said petition and proposed ordinance or resolution to the Town
Council. Upon presentation to the Town Council, it shall become the duty of the Town Council,
within two (2) regularly scheduled Town Council meetings after the receipt thereof, to pass and
adopt such ordinance or resolution without alteration as to meaning or effect in the opinion of the
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persons filing the petition, or to call a special election, to be held within thirty (30) days thereafter
and/or on a date allowed under the Texas Election Code, at which the registered voters of the Town
shall vote on the question of adopting or rejecting the proposed legislation. However, if any other
municipal election is to be held within sixty (60) days after the filing of the petition, the question
may be voted on at such election. Any election order so issued shall comply fully with the Texas
Election Code. Unless otherwise provided by law, any election for an initiative under this Charter
shall be held on the first authorized uniform election date that occut•s after the s��ixty-fifth (65t') day
after the petition was presented to the Town Council.
SECTION 6.14 Referendum
Registered voters of the Town may require that any ordinance or resolution, with the exception of
ordinances or resolutions appropriating money, authorizing the issuance of public securities or
levying taxes, passed by the Town Council be submitted to the voters of the Town for approval or
disapproval, by submitting a petition for this purpose within thirty (30) days after final passage of
said ordinance or resolution, or within thirty (30) days after its publication. Said petition shall be
addressed, signed, and verified as required for recall petitions in this Article and shall be submitted
to the person performing the duties of Town Secretary. Immediately upon the filing of such
petition, the person performing the duties of Town Secretary shall present said petition to the Town
Council. Thereupon the Town Council shall immediately reconsider such ordinance or resolution
and, if the Town Council does not entirely repeal the same, shall submit it to popular vote as
provided in Section 6.13 of this Charter. Pending the holding of such election, each ordinance or
resolution shall be suspended from taking effect and shall not later take effect unless a majority of
the qualified voters voting thereon at such election shall vote in favor thereof. Unless otherwise
provided by law, any election for a referendum under this Charter shall be held on the first
authorized uniform election date that occurs after the sixty-fifth (65th) day after the petition was
presented to the Town Council.
SECTION 6.15 Voluntary Submission of Legislation by the Town Council
The Town Council, upon its own motion and by the affirmative vote of a majority of the full
membership of the Town Council, may submit to popular vote at any election for adoption or
rejection any proposed ordinance or resolution or measure, or may submit for repeal any existing
ordinance, or resolution, or measure, in the same manner and with the same force and effect as
provided in this Article for submission of petition, and may at its discretion call a special election
for this purpose.
SECTION 6.16 Form of Ballots
The ballots used when voting upon such proposed and referred ordinance, resolutions or measures,
shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines
the words:
"For the Ordinance" or
"Against the Ordinance" or
"For the Resolution" or
"Against the Resolution"
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SECTION 6.17 Publication of Proposed and Referred Ordinances
The person performing the duties of Town Secretary of the Town shall publish at least twice in the
official newspaper of the Town the proposed or referred ordinance or resolution within fifteen (15)
days before the date of the election, and shall give such other notices and do such other things
relative to such election as are required by law in municipal elections and by the ordinance or
resolution calling said election.
SECTION 6.18 Adoption of Ordinances
If a majority of the qualified voters voting on any proposed ordinance or resolution or measure
shall vote in favor thereof, it shall thereupon or at any time fixed therein, become effective as a law
or as a mandatory order of the Town Council.
SECTION 6.19 Inconsistent Ordinances
If the provisions of two (2) or more proposed ordinances or resolutions approved at the same
election are inconsistent, the ordinance or resolution receiving the highest number of votes shall
prevail.
SECTION 6.20 Ordinances Passed by Popular Vote, Repeal or Amendment
No ordinance or resolution which may have been passed by the Town Council upon a petition or
adopted by popular vote under the provisions of this Article shall be repealed or amended except by
the Town Council in response to a referendum petition or by submission as provided by Section
6.15 of this Charter.
SECTION 6.21 Further Regulations by the Town Council
The Town Council may pass ordinances or resolutions providing other and further regulations for
carrying out the provisions of this Article consistent herewith.
SECTION 6.22 Failure of the Town Council to Call an Election-Initiative or Referendum
In case that all of the requirements of this Charter shall have been met and the Town Council shall
fail or refuse to receive the initiative or referendum petition, or order such initiative or referendum
election, or discharge any other duties imposed on the Town Council by the provisions of this
Charter with reference to such initiative or referendum, then the District Judge of Collin County,
Texas, shall discharge any of such duties herein provided to be discharged by the person
performing the duties of Town Secretary or by the Town Council.
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ARTICLE VII
Financial Procedures
SECTION 7.01 Fiscal Year
The fiscal year of the Town shall begin on the first day of October and end on the last day of
September on the next succeeding year. Such fiscal year shall also constitute the budget and
accounting year.
SECTION 7.02 Submission of Budget and Budget Message
On or before the fifteenth (15th) day of August of the fiscal year, the Town. Manager shall submit to
the Town Council a budget for the ensuing fiscal year and an accompanying budget message.
SECTION 7.03 Budget Message
The Town Manager's message shall explain the budget both in fiscal terms and in terms of the work
programs. It shall outline the proposed financial policies of the Town for the ensuing fiscal year,
describe the important features of the budget, indicate any major changes from the current year in
financial policies, expenditures, and revenues together with the reasons for such changes,
summarize the Town's debt position and include such other material as the Town Manager deems
desirable.
SECTION 7.04 Budget a Public Record
The budget and all supporting schedules shall be filed with the person performing the duties of
Town Secretary when submitted to the Town Council and shall be open to public inspection by
anyone interested.
SECTION 7.05 Public Hearing on Budget
At the Town Council meeting when the budget is submitted, the Town Council shall name the date
and place of a public hearing, which shall be scheduled and published in accordance with the
requirements of Chapter 102, Local Government Code, as amended. At this hearing, interested
citizens may express their opinions concerning items of expenditures, giving their reasons for
wishing to increase or decrease any items of expense.
SECTION 7.06 Proceeding on Adoption of Budget
After public hearing, the Town Council shall analyze the budget, making any additions or deletions
which they feel appropriate, and shall, at least ten (10) days prior to the beginning of the next fiscal
year, adopt the budget by the affirmative vote of a majority of the full membership of the Town
Council. Should the Town Council take no final action on or prior to such day, the current budget
shall be in force on a month-to-month basis until a new budget is adopted.
SECTION 7.07 Budget, Appropriation and Amount to be Raised by Taxation
On final adoption, the budget shall be in effect for the budget year. Final adoption of the budget by
the Town Council shall constitute the official appropriations as proposed by expenditures for the
current year and shall constitute the basis of official levy of the property tax as the amount of tax to
be assessed and collected for the corresponding tax year. Estimated expenditures will in no case
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exceed proposed revenue plus the undesignated fund balance from the previous fiscal year. Unused
appropriations may be transferred to any item required for the same general purpose.
SECTION 7.08 Contingent Reserve
Provision shall be made in the annual budget maintaining a contingency reserve fund balance
designation in an amount not less than twenty percent (20%) of the total general fund expenditures,
to be used in case of unforeseen items of expenditure or revenue shortfalls. This shall apply to
current operating expenses and shall not overlap with any other amount of reserves maintained by
the Town. Such contingency reserve appropriation shall be under the control of the Town Manager
and distributed by him or her only in the event of an emergency or after supplemental appropriation
by the Town Council. The proceeds of the contingency reserves shall be disbursed only by transfer
to departmental appropriation, the spending of which shall be charged to the departments or
activities for which the appropriations are made.
SECTION 7.09 Amending the Budget
Under conditions which may arise and which could not reasonably have been foreseen in the
normal process of planning the budget, the Town Council may, by the affirmative vote of a
majority of the full membership of the Town Council, amend or change the budget to provide for
any additional expense in which the general welfare of the citizenry is involved. These amendments
shall be by ordinance, and shall become an attachment to the original budget.
SECTION 7.10 Certification; Copies Made Available
A copy of the budget, as finally adopted, shall be filed with the person performing the duties of
Town Secretary and such other places required by state law or as the Town Council shall designate.
The final budget shall be printed or otherwise reproduced and sufficient copies shall be made
available for the use of all offices, agencies, and for the use of interested persons and civic
organizations.
SECTION 7.11 Capital Program
The Town Manager shall submit a five-year (5-year) capital program as an attachment to the annual
budget. The program as submitted shall include:
(1) A clear general summary of its contents;
(2) A list of all capital improvements which are proposed to be undertaken during the
five (5) fiscal years succeeding the budget year, with appropriate supporting
information as to the necessity for such improvements;
(3) Cost estimates, method of financing, and recommended time schedules for each
improvement; and
(4) 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 process of construction or acquisition. The Capital program will be updated and
presented to the Town Council annually.
SECTION 7.12 Defect Shall Not Invalidate the Tax Levy
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Errors or defects in the form or preparation of the budget or the failure to perform any procedural
requirements shall not nullify the tax levy or the tax rate.
SECTION 7.13 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 had 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 7.14 Borrowing
The Town shall have the power to borrow money on the credit of the Town and also to issue or
incur bonds and other evidences of indebtedness, and such powers may be exercised to finance
public improvements or for any other public purpose not prohibited by the Constitution and the
laws of the State of Texas, and the Town may issue refunding bonds to refund outstanding bonds
and other evidences of indebtedness of the Town previously issued or incurred.
All such bonds and other evidences of indebtedness shall be issued in conformity with the laws of
the State of Texas and may be secured by or paid, in whole or in part, from ad valorem tax
revenues, revenues derived from other taxing powers of the Town, revenues derived by the Town
from any fee or service charge, including revenues derived from the operations of any public
utilities, utility systems, recreational facilities or any other municipal function to the extent not
prohibited by the Constitution and laws of the State of Texas. Such bonds or evidences of
indebtedness may be a charge upon and payable from the properties, or interest therein pledged, or
the income therefrom, or both to the extent not prohibited by the Constitution or laws of the State
of Texas. The proceeds of bonds or other evidences of indebtedness issued or incurred by the Town
shall be used only for the purpose for which the bonds or other indebtedness was issued or
incurred.
SECTION 7.15 Purchasing
(1) The Town Council may by ordinance, give the Town Manager general authority to
contract for expenditure without further approval of the Town Council for all
budgeted items not exceeding limits set by the Town Council within the ordinance.
(2) All contracts for expenditures or purchases involving more than the limits must be
expressly approved in advance by the Town Council. All contracts or purchases
involving more than the limits set by the Town Council shall be awarded by the
Town Council in accordance with state law.
(3) Emergency contracts as authorized by law and this Charter may be negotiated by the
Town Council or Town Manager if given authority by the Town Council, without
competitive bidding, and in accordance with state law. Such emergency may be
declared by the Town Manager and approved by the Town Council or declared by
the Town Council.
SECTION 7.16 Administration of Budget
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(1) No payment shall be made or obligation incurred against any allotment or
appropriation except in accordance with appropriations duly made, unless the Town
Manager, or the Town Manager's designee, first certifies that there is a sufficient
unencumbered balance in such allotment or appropriation and that sufficient funds
therefrom are or will be available to cover the claim or meet the obligation when it
becomes due and payable.
(2) Any authorization of payment or incurring of obligation in violation of the
provisions of this Charter shall be void and any payment so made illegal. Such
action shall be cause for removal of any officer who knowingly authorized or made
such payment or incurred such payment or obligation, and the officer shall also be
liable to the Town for any amount so paid.
(3) 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 pledge of taxes, 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, providing that
such action is made or approved by ordinance.
(4) The Town Manager shall submit to the Town Council each month a report covering
the revenues and expenditures of the Town in such form as requested by the Town
Council.
SECTION 7.17 Depository
All monies received by any person, department or agency of the Town for or in connection with the
affairs of the Town shall be deposited promptly in the Town depository or depositories. The Town
depositories shall be designated by the Town Council in accordance with such regulations and
subject to the requirements as to security for deposits and interest thereon as may be established by
ordinance and law. Procedures for withdrawal of money or the disbursement of funds from the
Town depositories shall be prescribed by ordinance.
SECTION 7.18 Independent Audit
At the close of each fiscal year, and at such other times as may be deemed necessary, the Town
Council shall call for an independent audit to be made of all accounts of the Town by a certified
public accountant. No more than five (5) consecutive annual audits shall be completed by the same
firm. The certified public accountant selected shall have no personal interest, directly or indirectly,
in the financial affairs of the Town or any of its officers. The report of audit, with the auditor's
recommendations will be made to the Town Council. Upon completion of the audit, the
Independent Auditor's Report and Annual Financial Report shall be published on the Town's
website and copies of the audit placed on file in the office of the person performing the duties of
Town Secretary, as a public record.
SECTION 7.19 Power to Tax
(1) The Town shall have the power to levy, assess and collect taxes of every character
and type for any municipal purpose not prohibited by the Constitution and laws of
the State of Texas as now written or hereafter amended.
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(2) The Town shall have the power to grant tax exemptions in accordance with the laws
of the State of Texas.
SECTION 7.20 Office of Tax Collector
There shall be an office of taxation to collect taxes, the head of which shall be the Town Tax
Collector. The Town Council may contract for such services.
SECTION 7.21 Taxes; When Due and Payable
(1) All taxes due in the Town shall be payable at the office of the Town Tax Collector,
or at such location or locations as may be designated by the Town Council, and may
be paid at any time after the tax rolls for the year have been completed and
approved. Taxes for each year shall be paid before February 1 of the next
succeeding year, and all such taxes not paid prior to that date shall be deemed
delinquent, and shall be subject to penalty and interest as the Town Council shall
provide by ordinance. The Town Council may provide discounts for the payment of
taxes prior to January 1 in amount not to exceed those authorized by the laws of the
State of Texas.
(2) Failure to levy and assess taxes through omission in preparing the appraisal rolls
shall not relieve the person, firm or corporation so omitted from obligation to pay
such current or past due taxes as shown to be payable by recheck of the rolls and
receipts for the years in question, omitting penalty and interest.
SECTION 7.22 Tax Liens, Liabilities and Suits
(1) All taxable property located in the Town on January 1 of each year shall stand
charged from that date with a special lien in favor of the Town for the taxes due. All
persons purchasing any such property on or after January 1 in any year shall take the
property subject to the liens provided above. In addition to the liens herein provided,
on January 1 of any year, the owner of property subject to taxation by the Town
shall be personally liable for the taxes due for that year.
(2) The Town shall have the power to sue for and recover personal judgment for taxes
without foreclosure, or to foreclose its lien or liens, or to recover both personal
judgment and foreclosure. In any such suit where it appears that the description of
any property in the Town appraisal rolls is insufficient to identify such property, the
Town shall have the right to plead a good description of the property to be assessed,
to prove the same, and to have its judgment foreclosing the tax lien or for personal
judgment against the owners for such taxes.
ARTICLE VIII
Boards and Commissions
SECTION 8.01 Authority, Composition and Procedures
(1) The Town Council shall create, establish or appoint, as may be required by the laws
of the State of Texas or this Charter, or deemed desirable by the Town Council, such
boards, commissions and committees as it deems necessary to carry out the
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functions and obligations of the Town. The Town Council shall, by ordinance or
resolution, prescribe the purpose, composition, function, duties, accountability and
tenure of each board, commission and committee where such are not prescribed by
law or this Charter.
(2) Individuals who are residents of the Town or its extraterritorial jurisdiction may be
appointed by the Town Council to serve on one (1) or more boards, commissions or
committees. Notwithstanding, each member of the Planning & Zoning Commission
must be a qualified Town voter as required by Section 9.01. Such appointees shall
serve at the pleasure of the Town Council and may be removed at the discretion of
the Town Council. Except as otherwise provided in this Charter, members of any
such board, commission or committee shall serve without compensation but may be
reimbursed for actual expenses as approved by the Town Council.
(3) All boards, commissions or committees of the Town shall keep and maintain
minutes of any proceedings held and shall submit a written report of such
proceedings to the Town Council no more than three (3) weeks following each
meeting.
(4) No officer or employee of the Town nor any person who holds a compensated
appointive position with the Town shall be a member of any board, commission or
committee created or established by this Charter other than in an advisory and/or ex
officio capacity.
(5) Any member of a board, commission or committee who is absent from three (3)
consecutive regular meetings, or twenty-five percent (25%) of regularly scheduled
meetings during the twelve-month (12-month) period immediately preceding and
including the absence in question, without explanation acceptable to a majority of
the other members shall forfeit his or her position on the board, commission, or
committee.
ARTICLE IX
Planning & Zoning Commission
SECTION 9.01 Organization
(1) There is hereby established a Planning & Zoning Commission which shall consist of
at least seven (7) members who shall be appointed by the Town Council to
staggered terms of two (2) years in accordance with any ordinance adopted by the
Town Council. The Commission members shall be qualified Town voters. Any
vacancy occurring during the unexpired term of a member shall be filled by the
Town Council for the remainder of the unexpired term. In October of each year, the
Commission shall elect from its members a Chairman, Vice Chairman, and
Secretary to serve for one (1) year beginning in that month. Members of the
Commission may be removed by an affirmative vote of a majority of the full
membership of the Town Council.
(2) The Commission shall meet at least once a month. The Commission shall keep
minutes of its proceedings which shall be of public record. Minutes will be
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recorded by the Commission Secretary. The Commission shall serve without
compensation.
(3) A majority of the full membership of the Commission members shall constitute a
quorum for the purpose of transaction of business. No action or recommendation of
the Commission, except as specifically provided in this Charter, shall be valid or
binding unless adopted by the affirmative vote of a majority of the Commission
members present. The Chairman shall be a voting member of the Commission. If
the Vice-Chairman presides over the meeting in the Chairman's absence, the Vice-
Chairman shall vote.
SECTION 9.02 Duties and Powers
(1) The Commission shall be responsible to and act as an advisory board to the Town
Council. The Commission shall:
(A) Review all current and proposed ordinances and amendments pertaining to
planning and zoning and make recommendations to the Town Council for
action to be taken;
(B) Make proposals to the Town Council to amend, extend and add to the
Comprehensive Plan for the physical development of the Town;
(C) Keep public records of its resolutions, findings and determinations; and
(D) Review plats and zoning requests and make recommendations to the Town
Council for final adoption of same.
(2) The Commission, shall have full power to:
(A) Exercise the authority of the Commission as provided by state law, this
Charter and Town ordinances;
(B) Make reports and recommendations relating to the Comprehensive Plan and
development of the Town; and
(C) Adopt plats, if it has been given that authority by the Town Council.
(3) The affirmative vote of a majority of the Town Council present is required to
overrule a recommendation of the Commission that a proposed zoning amendment,
supplement, or change be denied.
SECTION 9.03 Procedure
(1) All rules and regulations adopted by the Commission shall be forwarded in writing
to the Town Manager who shall submit them to the Town Council with the Town
Manager's recommendations. The Town Council may amend, adopt or reject any
such rules or regulations. If any rules or regulations should be rejected, the
Commission may modify them and submit such modified rules and
recommendations to the Town Council.
(2) Should any person on the Commission have a conflict of interest, pursuant to any
state laws and/or Town ordinances regulating conflicts of interest of municipal
officers, with an agenda item then before the Commission, he or she shall openly
declare same before discussion proceeds, and he or she is thereby prohibited from
discussing the item or voting on the question, and is not considered as present and
voting for the purposes of the tally.
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(3) Should any person on the Commission choose to abstain from voting on any
question before the Commission, where no conflict of interest exists, the person's
vote shall be recorded as a negative vote in the official minutes of the meeting.
SECTION 9.04 The Comprehensive Plan: Procedure and Legal Effect
(1) The Comprehensive Plan shall include, but not be limited to, the Future Land Use
Plan and the Thoroughfare Plan. The existing Comprehensive Plan for the physical
development of the Town contains recommendations for the growth, development
and beautification of the Town and its extraterritorial jurisdiction. Additions to and
amendments of the Comprehensive Plan shall be by ordinance or resolution, but
before any such revision, the Commission shall hold at least one (1) public hearing
on the proposed action.
(2) A copy of the proposed revisions to the Comprehensive Plan shall be forwarded to
the Town Manager who shall submit the proposal to the Town Council, together
with the Town Manager's recommendations, if any. The Town Council, after a
public hearing, shall adopt or reject such proposed revision or any part thereof as
submitted within sixty (60) days following its submission by the Town Manager. If
the proposed revisions or part thereof should be rejected by the Town Council, the
Town Council may request the Commission to make other modifications and again
forward it to the Town Manager for submission to the Town Council.
(3) Following the adoption by the Town Council of the Comprehensive Plan, and any
revisions thereto, it shall serve as a guide to all future Town Council action
concerning land use and development regulations and expenditures for capital
improvements. Any proposal which deviates from the Comprehensive Plan
regarding land use and development regulations shall not be authorized until and
unless the location and extent thereof shall have been submitted to and approved by
the Commission. In case of denial, the Commission shall communicate its reasons to
the Town Council, which shall have the power to overrule such denial with the
affirmative vote of a majority of the Town Council present, and upon such
overruling, the Town Council or the appropriate office, department or agency shall
have authority to proceed.
SECTION 9.05 Board of Adjustment
The Town Council shall create and establish a board of adjustment. The Town Council shall, by
ordinance, provide standards and procedures for such board to hear and determine appeals of
administrative decisions, petition for variances in the case of peculiar and unusual circumstances
which would prevent the reasonable use of land and such other matters as may be required by the
Town Council or by law. Appointment and removal of members of the board of adjustment shall be
in accordance with the provisions of Article VIII, Sec. 8.01 (2) of this Charter and state law.
ARTICLE X
Utility and Public Service Franchises and Licenses
SECTION 10.01 Authority
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The Town shall have 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 Town shall not supply any utilities service outside the Town limits, except
by a written contract and/or by ordinance. The Town shall have such regulatory and other power as
may now or hereafter be granted under the Constitution and laws of the State of Texas.
SECTION 10.02 Ordinance Granting Franchise
No franchise shall be granted for a term of more than twenty (20) years from the date of the grant,
renewal or extension of any franchise.
SECTION 10.03 Transfer of Franchise
No public service or utility franchise is transferable, except with the approval of the Town Council.
However, the franchisee may pledge franchise assets as security for a valid debt or mortgage.
SECTION 10.04 Franchise Value Not to be Allowed
Franchises granted by the Town are of no value in fixing rates and charges for public services or
utilities within the Town and in determining just compensation to be paid by the Town for property
which the Town may acquire by condemnation or otherwise.
SECTION 10.05 Right of Regulation
In granting, amending, renewing and extending public service and utility franchises, the Town
reserves unto itself all the usual and customary rights, including, but not limited to, the following
rights:
(1) To repeal the franchise by ordinance for failure to begin construction or operation
within the time prescribed, or for failure to comply with terms of the franchise;
(2) To require all extensions of service within the Town limits to become part of the
aggregate property of the service and operate subject to all obligations and reserved
rights contained in this Charter. Any such extension is considered part of the
original grant and terminable at the same time and under the same conditions as the
original grant;
(3) 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;
(4) To require reasonable standards of service and quality of product and prevent rate
discrimination;
(5) To impose reasonable regulations and restrictions to insure the safety and welfare of
the public;
(6) To examine and audit accounts and records and to require annual reports on local
operations of the public service or utility;
(7) To require the franchisee to restore, at franchisee's expense, all public or private
property to a condition as good as or better than before disturbed by the franchisee
for construction, repair or removal;
(8) To require the franchisee to furnish to the Town, from time to time within a
reasonable time following request of the Town, at franchisee's expense a general
map outlining current location, character, size, length, depth, height and terminal of
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all facilities over and under property within the Town and its extraterritorial
jurisdiction; and
(9) To require compensation, rent or franchise fees to be paid to the Town as may be
permitted by the laws of the State of Texas.
SECTION 10.06 Regulation of Rates
(1) The Town Council has the power to fix and regulate the rates and charges of all
utilities and public services, consistent with state statutes.
(2) Upon receiving written request from a utility or public service requesting a change
in rates, or upon a recommendation from the Town that rates for services provided
by or owned by the Town be changed, the Town Council shall call a public hearing
for consideration of the change.
(3) A holder of a franchise to provide a public service or utility in the Town must show
the necessity for the change in rates by any evidence required by the Town Council,
including but not limited to, the following:
(A) Cost of its investment for service to the Town;
(B) Amount and character of expenses and revenues connected with rendering
the service;
(C) Copies of any reports or returns filed with any state or federal regulatory
agency within the last three (3) years; or
(D) Demonstration that the return on investment, if any, is within state and
federal limitations.
(4) If not satisfied with the sufficiency of evidence, the Town Council may hire rate
consultants, auditors and attorneys to investigate and, if necessary, litigate requests
for rate changes, the expense of which shall be reimbursed to the Town by the
franchisee.
SECTION 10.07 Licenses
The Town shall have the power to license, levy and collect fees in order to license any lawful
business, occupation or calling subject to control pursuant to the police powers of the State of
Texas and/or for any other purpose not contrary to the Constitution and laws of the State of Texas.
ARTICLE XI
General Provisions
SECTION 11.01 Public Records
All records of the Town shall be open to inspection in accordance with state law.
SECTION 11.02 Official Newspaper
The Town Council shall declare annually an official newspaper of general circulation in the Town.
All ordinances, notices and other matters required by this Charter, Town ordinance, or the
Constitution and laws of the State of Texas shall be published in the official newspaper.
SECTION 11.03 Oaths
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All elected and appointed officers of the Town shall take and sign an oath of office based on those
prescribed for state elective and appointive offices, respectively, in the Constitution of the State of
Texas.
SECTION 11.04 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 this
Charter.
SECTION 11.05 Wording Interpretation
The gender of the wording throughout this Charter shall always be interpreted to mean either sex.
All singular words shall include the plural and all plural words shall include the singular. All
references to the state law or laws of the State of Texas, however expressed in this Charter, shall
mean "as presently enacted or as may be amended or superceded". The use of the word "Town" in
this Charter shall mean the Town of Prosper, Texas, and the use of the word "Charter" shall mean
this Home Rule Charter.
SECTION 11.06 Town Depository
The provisions of the laws of the State of Texas, governing the selection and designation of the
Town Depository are hereby adopted as the law governing the selection and designation of a
depository of and for the Town.
SECTION 11.07 Sale of Liquor Prohibited in Residential Districts
The sale of liquor, as defined in the Texas Alcoholic Beverage Code, as amended, shall be
prohibited by a person or entity holding a package store permit, as described in the Texas Alcoholic
Beverage Code, as amended, in any zoning district which allows, in whole or in part, residential
development in the Town.
ARTICLE XII
Legal Provisions
SECTION 12.01 Assignment, Execution and Garnishment
(1) Property, real and personal, belonging to the Town shall not be liable to be sold or
appropriated under any writ of execution or cost bill. Funds belonging to the Town
in the hands of any person, firm or corporation, shall not be liable to garnishment,
attachment or sequestration; nor shall the Town be liable to garnishment, attachment
or sequestration; nor shall the Town be liable to garnishment on account of any debt
it may owe or funds or property it may have on hand owing to any person. Neither
the Town nor any of its officers or agents shall be required to answer any such writ
of garnishment on any account whatsoever.
(2) The Town shall not be obligated to recognize any assignment of wages or funds by
its employees, agents or contractors, except as provided by the laws of this State or
the United States of America.
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SECTION 12.02 Security and Bond
It shall not be necessary in any action, suit or proceeding in which the Town is a party for any
bond, undertaking or security to be demanded or executed by or on behalf of the Town. 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 12.03 Notice of Claim
The Town shall not be held liable on account of any claim for the death of any person or injuries to
any person or damage to any property unless the person making such complaint or claiming such
damages shall, within ninety (90) days after the time at which it is claimed such damages were
inflicted upon such person or property, file with the Town a written statement, under oath, stating
the nature and character of such damages or injuries, the extent of the same, the place where same
happened, the circumstances under which same happened and the condition causing same, with a
detailed statement of each item of damages and the amount thereof, giving a list of any witnesses
known by affiant to have seen the accident.
SECTION 12.04 Power to Settle Claims
The Town 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 Town, including suits by the Town to
recover delinquent taxes.
SECTION 12.05 Service of Process Against the Town
All legal process against the Town shall be served upon either the Town Secretary or the Town
Manager.
SECTION 12.06 Judicial Notice
This Charter shall be deemed a public act, may be read in evidence without pleading or proof, and
judicial notice shall be taken thereof in all courts and places.
SECTION 12.07 Pending Matters
All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue
except as modified pursuant to the provisions of this Charter and in each case shall be maintained,
carried on or dealt with by the Town department, office or agency appropriate under this Charter.
SECTION 12.08 Property Not Exempt From Special Assessments
No property of any kind, by whomsoever owned or held or by whatsoever institution, agency,
political subdivision or organization, owned or held, whether in trust or by non-profit organization,
or corporation, or by foundation, or otherwise, (except property of the Town), shall be exempt in
any way from any of the special taxes, charges, levies and assessments, authorized or permitted by
this Charter, for local improvements, for the public welfare.
SECTION 12.09 Town Council May Require Bonds
In addition to any provisions contained herein, the Town Council may require any Town official,
department director, or Town employee, before entering upon his or her duties, to execute a good
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and sufficient bond with a surety company doing business in the State of Texas and approved by
the Town Council. The premium of such bond shall be paid by the Town.
SECTION 12.10 Disaster Clause
In case of disaster when a legal quorum of the Town Council cannot otherwise be assembled due to
multiple deaths or injuries, the surviving persons of the Town Council, or highest surviving Town
official, if no elected official remains, must, within twenty-four (24) hours of such disaster, request
the highest surviving officers of the local Chamber of Commerce and the Board of Trustees of the
local school district, and the County Judge of Collin County to appoint a commission to act during
the emergency and call a Town election within fifteen (15) days of such disaster, or as provided in
the Texas Election Code, for election of a required quorum, if for good reasons it is known a
quorum of the present Town Council will never again meet.
ARTICLE XIII
Transitional Provisions
SECTION 13.01 Effective Date
This Charter or any amendments hereto shall take effect immediately following adoption by the
voters, as prescribed by state law.
SECTION 13.02 Continuation of Elective Offices
Upon adoption of this Charter, the present persons filling elective offices on the Town Council will
continue to fill those offices for the terms for which they were elected. Persons who, on the date
this Charter is adopted, are filling appointive positions with the Town which are retained under this
Charter, may continue to fill these positions for the term for which they were appointed, unless
removed by the Town Council or by other means provided in this Charter.
SECTION 13.03 Continuation of Operation
All Town ordinances, bonds, resolutions, rules and regulations in force on the effective date of this
Charter shall remain in force until altered, amended, or repealed by the Town Council, and all
rights of the Town under existing franchises and contracts are preserved in full force and effect.
ARTICLE XIV
Nepotism, Prohibitions and Penalties
SECTION 14.01 Nepotism
No person related within the second degree by affinity or within the third degree by consanguinity
to the Mayor or any Council Member or the Town Manager shall be employed by or contracted
with for the Town. This shall not apply to the following:
(1) Any person employed by the Town prior to the person related in the above degree
filing to run for elective office or being nominated for an appointment, or
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(2) Any person who is a seasonal employee or intern of the Town.
SECTION 14.02 Equality of Rights
Equality of rights under state and federal law shall not be denied or abridged with respect to
appointment to or removal from any position.
SECTION 14.03 Wrongful Influence
No person who seeks appointment or promotion with respect to any Town position shall, directly or
indirectly, give, render or pay any money, service, or other valuable thing to any person for, or in
connection with, his or her test, appointment or promotion.
SECTION 14.04 Wrongful Interference
No person shall willfully make any false statement, certificate, mark, rating or report in regard to
any test, certification or appointment or attempt to commit any fraud preventing the impartial
execution of the personnel provisions, rules and regulations of this Charter.
SECTION 14.05 Employee's Political Activities
No person who holds any compensated non-elective Town position shall make, solicit or receive
any contribution for any candidate for Town Council, or take part in the management, affairs or
political campaign of such candidate. Such person may exercise his or her rights as a citizen to
express his or her opinion and cast his or her vote.
SECTION 14.06 Penalties
Any person who willfully engages in and is found in violation of any of the activities prohibited in
sections 14.02, 14.03, 14.04 or 14.05 of this Article shall be ineligible for appointment or election
to a position in the Town for a period of five (5) years from that time. If the person is an officer or
employee of the Town at the time of the violation, he or she shall immediately forfeit his or her
office or position, if found in violation.
SECTION 14.07 Indebtedness to Town
No person who, after notice of any delinquency, shall be in arrears in the payment of taxes or any
other liabilities due the Town, shall be qualified to hold an appointive or compensative position of
the Town.
SECTION 14.08 Conflict of Interest
No officer, whether elected or appointed, or any employee, whether full or part-time, of the Town
shall have a substantial financial interest, direct or indirect, in any contract, other than employment
contracts, with the Town; or have a substantial financial interest, direct or indirect in the sale to the
Town of any land, materials, supplies or services, except on behalf of the Town as an officer or
employee, except as allowed by state law. Any willful violation of this section shall constitute
malfeasance in office and any officer or employee found guilty thereof shall thereby forfeit his or
her office or position. Any violation of this section with the knowledge, express or implied, of the
person or the corporation contracting with the governing body of the Town shall render the contract
involved voidable by the Town Manager or the Town Council.
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SECTION 14.09 No Officer to Accept Gifts, Etc.
No officer of the Town shall ever accept, directly or indirectly, any gift or benefit except as
authorized in the Town's Code of Ethics as set forth in Ordinance No. 08-036, as it exists or may
be amended. If found in violation of this section, the officer shall immediately forfeit his or her
office and shall be ineligible for appointment or election to a position in the Town for a period of
five (5) years from the date the violation is determined to have occurred.
ARTICLE XV
Review and Amendment of Charter
SECTION 15.01 Charter Review Commission
(1) The Town Council shall appoint a Charter Review Commission at least once every
ten (10) years, or earlier if not prohibited by law. The Charter Review Commission
shall consist of ten (10) citizens of the Town who shall:
(A) Inquire into the operation of the Town government under the Charter and
determine whether any provisions require revision. To this end, public
hearings may be held. The Commission may compel the attendance of any
officer or employee of the Town and require submission of any Town
records;
(B) Propose any recommendations it deems desirable to insure compliance with
the Charter of the Town government; and
(C) Report its findings and present its recommendations to the Town Council.
(2) The Town Council shall receive and have published in the official newspaper of the
Town a comprehensive summary of the report presented by the Commission, shall
consider any recommendations made, and may order any amendments suggested to
be submitted to the voters of the Town in the manner provided by state law as now
written or hereafter amended.
(3) The term of office of the Commission shall be for not more than six (6) months, at
the end of which time a report shall be presented to the Town Council and all
records of proceedings of the Commission shall be filed with the Town Secretary
and become a public record.
SECTION 15.02 Petition to Amend Charter
Amendments to this Charter may be framed and submitted to the qualified voters of the Town in
the manner provided by the Constitution and the laws of the State of Texas; including upon the
Town Council's own motion or upon petition by five percent (5%) of the registered voters in the
Town or twenty-thousand (20,000) registered voters of the Town, whichever is less. Each
signature on a petition to amend shall conform to the requirement for information as set forth in the
Texas Election Code, as amended.
SECTION 15.03 Form of Petition to Amend Charter
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The petition to amend mentioned above must be addressed to the Town Council of the Town, must
distinctly and specifically list each amendment to the Charter proposed to be voted on at an
election. The petition shall be verified by oath in the following form:
"State of Texas"
County of
I, ..............—, being first duly sworn, on oath depose and say that I am one of the signers of
the above petition, and that the statements made therein are true, and that each signature appearing
thereto was made in my presence on the day and date it purports to have been made, and I solemnly
swear that the same is the genuine signature of the person it purports to be.
Signature. .. _...........................�.
Sworn and subscribed before me this day of + 20____.
Signed
Notary Public in and for -...__.........._
State of Texas
SECTION 15.04 Various Papers Constituting Petition to Amend
The petition to amend may consist of one (1) or more copies, or subscription lists, circulated
separately, and the signatures thereto may be upon the paper or papers containing the form of
petition, or upon other paper attached thereto. Verifications provided for in Section 15.03 of this
Article may be made by one (1) or more petitioners, and the several parts of copies of the petition
may be filed separately and by different persons, but no signatures to such petition shall remain
effective or be counted which were placed thereon more than one hundred eighty (180) days, or
such other length of time as may be allowed by the Texas Election Code, prior to the filing of such
petition or petitions with the person performing the duties of Town Secretary. All papers
comprising a petition to amend shall be filed with the person performing the duties of Town
Secretary on the same day, and the said person performing the duties of Town Secretary shall
immediately notify the Town Manager and Town Mayor of receipt of the petition.
SECTION 15.05 Presentation of Petition to the Town Council
Within twenty-one (21) days after the date of the filing of the papers constituting the petition to
amend, the person performing the duties of Town Secretary shall verify the number of valid
signatures and present such petition to the Town Council of the Town.
SECTION 15.06 Calling of Election to Amend Charter
An election to amend the Charter shall not be held more often than once every two (2) years. Upon
its own motion, or following presentation by the Town Secretary of a proper petition to amend with
a sufficient number of valid signatures, the Town Council shall, by ordinance, order an election and
set the date for holding such election. The date selected for the election and the ordinance ordering
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the election shall be in accordance with the Texas Election Code and the Texas Local Government
Code.
SECTION 15.07 Failure of the Town Council to Call an Election Following Receipt of
Valid Petition to Amend
In case that all the requirements of this Charter shall have been met and the Town Council shall fail
or refuse to receive the petition to amend, or order such election, or discharge any other duties
imposed on the Town Council by the provisions of this Charter or state law with reference to such
election to amend, then the District Judge of Collin County, Texas, shall discharge any of such
duties herein provided to be discharged by the person performing the duties of Town Secretary or
by the Town Council.
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