O-1324-3-95ORDINANCE NO. 1324-3-95
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, ORDERING AN
ELECTION ON PROPOSED AMENDMENTS TO THE HOME RULE CITY
CHARTER OF THE CITY OF ALLEN TO BE HELD CONCURRENTLY
WITH THE REGULAR CITY ELECTION ON MAY 6,1995; PROVIDING
FOR THE PUBLICATION AND POSTING OF NOTICE; PROPOSING
AMENDMENTS TO HOME RULE CITY CHARTER OF THE CITY OF
ALLEN; PROVIDING FOR EARLY VOTING; PROVIDING FOR THE
APPOINTMENT OF ELECTION JUDGES AND CLERKS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas has reviewed the provisions of the
Home Rule City Charter of the City of Allen, Texas, and made recommendations for their
amendment; and
WHEREAS, the City Council of the City of Allen, Texas, is of the opinion and finds that such
amendments should be submitted to the citizens of the City of Allen, Texas, for approval or
disapproval at an election called for that purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS THAT:
SECTION 1: That the hereinafter proposed amendments to the Home Rule City Charter of the
City of Allen, Texas, contained in Exhibit "A" attached hereto and made a part of this ordinance
for all intents and purposes as if set forth verbatim, shall be submitted to the City's qualified
voters for their approval or disapproval at an election to be held on Saturday, May 6, 1995. Said
election shall be held concurrently with the regular City election for City Councilmembers
heretofore called by the City Council of the City of Allen, Texas for such dates.
SECTION 2: That notice of said election shall be posted on the bulletin board used to publish
notice of City Council meetings and shall include a substantial copy of proposed amendments;
and as required by law, be published on the same day in each of two successive weeks in the
official newspaper of the City, with the first publication occurring prior to the fourteenth day
before the date of the election. A copy of the published notice that contains the name of the
newspaper and the date of publication shall be retained as a record of such notice, and the person
posting the notice shall make a record of the date and place of posting.
SECTION 3: Said election shall be held in the Allen Public Library at Two Allen Civic Plaza,
Allen, Texas, on May 6, 1995. The hours for said election shall be between the hours of 7:00
a. in. and 7:00 p. in. on Saturday, May 6, 1995. Early voting shall be held in the Collin County
Elections Administration Office, 314 South Chestnut, Suite 110, McKinney, Texas, and the Allen
Public Library, Two Allen Civic Plaza, Allen, Texas, beginning on Monday, April 17, 1995 and
continuing through Tuesday, May 2, 1995, during the normal working hours of 8:00 a. m. until
5:00 p. in. with extended early voting available on Thursday, April 27, 1995, during the hours
of 8:00 a. in. to 7:00 p. in. and Saturday, April 29, during the hours of 9:00 a. in. to 5:00 p. in.
SECTION 4: Margaret Miller and Dannie Martin are hereby appointed to serve as Election
Judge and Alternate Election Judge, respectively, of the election; and the Election Judge is
authorized to appoint six (6) clerks to assist in holding said election. Jackie Cosper is hereby
appointed as the Early Voting Ballot Board Judge for processing early voting ballots. The judges
and clerks shall be compensated at the rate of $6.00 per hour, and the Election Judge shall
receive an additional $25.00 for delivery of the returns of the election.
SECTION 5: Each amendment submitted must contain only one subject, and the ballot shall be
prepared in a manner that the voters may vote "For" or "Against" on any amendment or
amendments without voting "For" or "Against" on all of said amendments. Each such proposed
amendment, if approved by a majority of the qualified voters voting at said election, shall
become a part of the Charter of the City of Allen, Texas.
SECTION 6: That the ballot propositions for the proposed amendments to the Home Rule City
Charter are as follows:
PROPOSITION NO. 1
Shall Sections 1.01, I.01A and 1.01B of the Allen City Charter be amended to provide
that the original incorporation of the City and the subsequent annexation and disannexation be
established by an official map of the City; and to provide the City with the same authority to
annex and disannex in accordance with the laws of the State of Texas applicable to home rule
cities.
PROPOSITION NO. 2.
Shall Sections 2.02, 2.05, 2.10, 2.11, 2.14, 2.18 and 7.04(7) of the Allen City Charter be
amended to clarify the language regarding City Council qualifications, filling a vacancy for
Mayor, the Council powers of appointment, inquiry and investigation, recording of the minutes
of meetings, and holding more than one elected office.
PROPOSITION NO. 3.
Shall Section 3.02(3) of the Allen City Charter be amended to clarify the duties of the
City Manager to provide a financial report at the end of each fiscal year.
Ordinance No. 1324-3-95 page 2 AGG06868
PROPOSITION NO. 4.
Shall Section 2.12 be deleted and Section 3.05 of the Allen City Charter be amended to
permit the City Council to establish such administrative departments as are necessary to provide
for the public safety, public works, recreation, library, finance, and other service and
administrative functions; and to establish such advisory boards as are necessary to assist in
carrying out municipal functions and activities.
PROPOSITION NO. 5.
Shall Section 4.02(3) of the Allen City Charter be amended to clarify the detail of the
contents of the City budget.
PROPOSITION NO. 6.
Shall Section 7.03 of the Allen City Charter be amended to clarify language, improve the
grammar, and to conform with state law to provide a person may become a candidate for election
to the City Council by filing an application with the City Secretary or a petition meeting the
requirements of the Texas Election Code accompanied by a filing fee set by ordinance.
PROPOSITION NO. 7.
Shall Section 8.03 of the Allen City Charter be amended to clarify that the City may not
purchase a public utility without voter approval.
PROPOSITION NO. 8.
Shall Section 8.04(c) of the Allen City Charter be amended to provide that an ordinance
granting a franchise must be approved by the City Council at three (3) regular meetings of the
City Council.
PROPOSITION NO. 9.
Shall Section 9.11 of the Allen City Charter be amended to clarify language with respect
to the authority of a court of appropriate jurisdiction to order an election if the City Council fails
or refuses to order an election following a successful petition for recall of councilmembers.
PROPOSITION NO. 10.
Shall Section 5.04 of the Allen City Charter be amended to provide that the bond register
shall be kept by the City Finance Director.
Ordinance No. 1324-3-9 5 page 3 AGG06868
PROPOSITION NO. 11.
Shall Section 10.05 of the Allen City Charter be amended to clarify the language to
prohibit an officer or employee of the City from having a direct or indirect financial interest in
any contract with the City, or in any sale to the City of any land, materials, supplies, or services
to the City, to provide for the removal from office for such a violation, and to add a new
subsection to adopt state law regulating conflict of interests of local public officials.
PROPOSITION NO. 12.
Shall Section 10.08 of the Allen City Charter be amended to require that a person must
notify the City of a claim against the City within six (6) months of an occurrence causing
damages or injury, in accordance with state law.
PROPOSITION NO. 13.
Shall the Allen City Charter be amended to conform with state law with respect to
elections, municipal court, revenue bonds, municipal judges, boards and commissions, City
Council meetings, special assessments, tax assessor -collector, assessment and collection of taxes,
and nepotism by amending the following sections and paragraphs: 1.02, 2.04, 2.06, 2.09, 2.13,
2.14, 2.15, 3.08, 5.02, 6.01-6.20, 7.01, 7.02, 7.04(5), 7.06, 7.07, 7.08, 9.07, 9.13, 10.02, and
10.04.
PROPOSITION NO. 14.
Shall the Allen City Charter be amended to delete obsolete references to charter and state
law by amending the following sections and paragraphs: 1.03B, 8.01, and 8.02.
PROPOSITION NO. 15.
Shall the Allen City Charter be amended to delete obsolete and redundant provisions of
the charter without making substantive change by amending the following sections and
paragraphs: 2.01, 2.16, 2.17, 7.04(1) and (2), 9.14, 9.20, 10.10, 10.14, and 10.15.
PROPOSITION NO. 16.
Shall the Allen City Charter be amended to clarify language without making substantive
change, improve the grammar, and eliminate gender references by making the charter gender
neutral, by amending the following sections and paragraphs: 2.01, 2.03, 2.05, 2.07, 2.08, 2. 10,
2.16, 3.01, 3.02, 3.03, 3.04, 3.08, 7.04, 7.04(3), 7.04(4), 7.04(6), 7.09, 9.01, 9.02, 9.03, 9.04,
9.06, 9.09, 9.10, 10.03, 10.08, 10.09, and 10.13.
Ordinance No. 1324-3-95 Page 4 AGG06868
PROPOSITION NO. 17.
Shall the Allen City Charter be amended to add Section 10.16 to permit the City Council,
by ordinance, to renumber and rearrange all articles, sections, and paragraphs of the Charter or
any amendments thereto, as it shall deem appropriate.
SECTION 7: This ordinance shall take effect from and after its passage as the law and Charter
in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE 16TH DAY OF MARCH '1995.
APPROVED:
OE FARMER, MAYOR
ATTEST:
Y RRISON, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
Ordinance No. 1324-3-95 page 5 AGG06869
HOME RULE CHARTER
For The
CITY OF ALLEN, TEXAS
Art.
I.
Incorporation; Form of Government; Powers
Art.
IL
The Council
Art.
III.
The City Manager
Art.
IV.
Budget
Art.
V.
Bonds, Warrants, and Other Evidence of Indebtedness
Art.
VI.
Assessment and Collection of Taxes
Art.
VII.
Nominations and Elections
Art.
VIII.
Franchises and Public Utilities
Art.
IX.
Initiative, Referendum and Recall
Art.
X.
Miscellaneous Provisions
ARTICLE L INCORPORATION; FORM OF GOVERNMENT; POWERS
Sec. 1.01. Incorporation, Boundaries, Annexation and Disannexation.
A. The inhabitants of the City of Allen in Collin County, Texas, within the corporate
limits as now established or as hereafter established in the manner prescribed by this charter shall PROP .
be and shall continue to be a municipal body politic and corporate in perpetuity under the name No. 1
of the "City of Allen."
B. The boundaries and limits of the City of Allen,
Vie, shall be the same as have hemtefefe been established by incorporation and modified PROP .
by subsequent annexations and disannexations. The city shall maintain an official map of its No. 1
boundaries in accordance with Chapter 41, V. T. C. A. Local Government Code. and as eNist
the date of the adeptien of this ehaner-, whieh boundaries am fneFe fiilly set out and desefib
seeretwy of the City of Allen, Texas.
eAjeining the Gity of
as gaid tetqFifer-y may be designated by the of in eage th
PROP.
' ' No. 1
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I.TeXI :<:��.
Ordinance No. 1324-3-95 EXHIBIT "A"
NO
IPMEWIM
An
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C. The City Council shall have the power by ordinance to fur the boundary limits of the
City of Allen, and to provide for the alteration and extension of said boundary limits and the PROP .
annexation of additional territory lying adjacent to the city, with or without the consent of the No . 1
inhabitants of the territory annexed. Upon final passage of an annexation ordinance in the
original or amended form, the boundary limits of the city shall thereafter be as fixed in such
ordinance and when any additional territory has been so annexed, the same shall be a part of
the City of Allen and the property situated therein shall bear its pro rata part of the taxes levied
by the city, and thereafter the inhabitants thereof shall be entitled to all the rights and privileges
of all citizens of the city, and shall be bound by the acts, ordinances, resolutions and regulations
of the city.
D. The city council may, in its exclusive discretion, by ordinance, exclude from the city
any territory within the corporate limits of the city, provided however, that such disannexation PROP .
shall not cause an area to be entirely surrounded by the city unless the city council finds, before No. 1
completing the disannexation, that surrounding the area is in the public interest.
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Ordinance No. 1324-3-95
PROP.
Sec. 1.02. Form of governmenk
The municipal government provided by this charter shall be known as the "council-
manager" form of government. Pursuant to its provisions and subject only to the limitations
imposed by the state constitution, by the statutory laws of the State of Texas, and by this charter,
all powers of the city shall be vested in an elective city council, hereinafter referred to as the
"council," which shall enact local legislation, adopt budgets, determine policies, appoint the judge
of the municipal court, and appoint the city manager, who shall execute the laws
and administer the government of the city. All powers of the city shall be exercised in the PROP.
manner prescribed by this charter, or if the manner be not prescribed, then in such manner as No.
may be prescribed by local ordinance. 13
Sec. 1.03. Powers.
The City of Allen may exercise all powers that now are or hereafter may be granted to
municipalities by the constitution or the laws of the State of Texas. All such powers, whether ex-
pressed or implied, shall be exercised and enforced in the manner prescribed by this charter, and
when not prescribed herein, in such manner as may be provided by ordinance or resolution of
the council of the City of Allen.
Sec. 1.03A. General.
The City of Allen may use a corporate seal; may sue and be sued; may contract and be
contracted with; may implead and be impleaded in all courts in all matters whatsoever, may
cooperate with the government of the State of Texas or any agency thereof, the federal
government or any agency thereof, or any political subdivision of the State of Texas; and shall
have all powers granted to cities by the constitution and laws of the State of Texas, together with
all the implied powers necessary to carry into execution all the powers granted. The city may
own or acquire property within or without its boundaries for any municipal purpose in fee simple
or in any lesser interest or estate, by purchase, gift, devise, lease or condemnation or may sell,
311V" FAition 3
Ordinance No. 1324-3-95
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lease, hold, manage, control and police any property now owned by it or which it may hereafter
acquire, and shall have the right to lease or let its property whether inside or outside of the city
limits, subject to the limitations hereinafter set out, and may construct, own, lease, operate and
regulate public utilities, may assess, levy and collect taxes for general and special purposes on
all lawful subjects of taxation; may borrow money on the faith and credit of the city by the
issuance and sale of bonds, warrants or notes of the city; may appropriate the money of the city
for all lawful purposes; may regulate and control the use, for whatever purpose, of the streets and
other public places; may make and enforce all police, health, sanitary and other regulations; and
may pass such ordinances as may be expedient for the protection and maintenance of good
government, peace and welfare of the city, for the performance of the functions thereof, for the
order and security of its residents, and may provide suitable penalties for the violations of any
ordinance enacted by the City of Allen; and, except as prohibited by the constitution and laws
of this state or restricted by this charter, the city may exercise all municipal powers, functions,
rights, privileges and immunities of every name and nature whatsoever.
Sec. 1.03B. General powers adopted.
The enumeration of the particular powers in this charter shall not be held or deemed to
be exclusive, but in addition to the powers enumerated herein or implied hereby or appropriate
to the exercise of such powers, the city shall have and may exercise all powers of local self-
government and all other powers which, under the constitution and laws of the State of Texas,
it would be competent for this charter specifically to enumerate. The City of Allen shall have and PROP.
may exercise all the powers enumerated in No.
Givil Qa..r. tes of
the State
of
Texas
of
19e `he laws of the State of Texas as now or hereafter 14
amended.
Sec. 1.03C. Eminent domain.
The city shall have the full power and right to exercise the power of eminent domain
when necessary, or desirable to carry out any of the powers conferred upon it by this charter or
by the constitution and laws of the State of Texas. The city may exercise the power of eminent
domain in any manner authorized or permitted by the constitution and laws of this state. The
power of eminent domain hereby conferred shall include the right of the city to take the fee in
land so condemned and such power and authority shall include the right to condemn public
property for such purposes. The city shall have and possess the power of condemnation for any
municipal or public purposes even though not specifically enumerated in this charter.
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ARTICLE U. THE COUNCIL
Sec. 2.01. Number, selection, term.
The council shall consist of seven (7) members, that is a mayor and six (6)
councilmembers, elected by numbered place from the city at large in the manner provided PROP.
in A&fiele "n e • :is charter, for staggered terms of two (2) years or until their successors have NOS.
been elected and take office as provided in seede 2.04 of "-fie'e 2 this charter. 15
16
Sec. 2.02. Qualifications.
The members of the council shall be qualified voters of the City of Allen who and shall
have been residents ef the State of Te3tas Fer M least efte (1) year- have been residents of the city PROP .
eF residents of an area now withift the eer-peme limits of said or at least one (1) year No. 2
immediately preceding their election. embers of the
council shall hold no other elected office or appointed public office or position of emolument,
except as
authorized by state law. If a member of the council shall cease to possess any of these
qualifications or shall be convicted of a felony or a crime involving moral turpitude, his-e€fiee
such person shall immediately forfeit such office. The City
Council shall be the judge of the election and qualifications of its own members.
Sec. 2.03. Compensation.
Members of the council shall serve with compensation provided by ordinance. They shall
be entitled to reimbursement of necessary expenses incurred in the performance of their of iee PROP .
official duties when approved by the council. No.
16
Sec. 2.04. Vacancies in the council.
A single vacancy in the council shall be filled by appointment of a qualified person by
a majority vote of the remaining members of the council within thirty (30) days of the vacancy, PROP .
and the person appointed shall serve for the unexpired term only. When two (2) or more No.
vacancies exist, a special election shall be heldordered to aleef sueeessefs to fill the unexpired 13
vacancies. ,
held Such special election shall be called for the next available uniform election date.
Sec. 2.05. Presiding officer.
The mayor shall preside at meetings of the council, and shall be recognized as the head
of city government for all ceremonial purposes and by the governor of the State of Texas for PROP .
purpose of military law, but shall have no regular administrative duties. HeThe mayor may No.
participate in the discussion of all matters coming before the council. HeThe mayor shall be 16
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Ordinance No. 1324-3-95
A00068AC
required to vote as a member thereof on legislative and other matters. The council shall elect
from among the councilmembers a mayor pro tempore who shall act as mayor during the
absence or disability of the mayor. If a vacancy in the office of mayor occurs, the council shall
elect a mayor from its own members who shall serve until the next regular council election. If
a council election occurs prior to the normal expiration of the vacated term of the mayor, such
election shall elect a mayor for the remaining portion of the unexpired term. MMuch PROP.
councilmember's former place as eetmegmaff shall be deemed vacated. No. 2
Sec. 2.06. Powers.
Except as otherwise provided by this charter, all powers of the city and the determination
of all matters of policy shall be vested in the council. Without limitation of the foregoing powers
of the council, the council shall also have the power to:
(1) Appoint and remove the city manager.
(2) Establish, consolidate, or abolish other administrative departments and distribute
the work of divisions.
(3) Adopt the budget of the city.
(4) Authorize the issuance of bonds by a bond ordinance.
(5) Inquire into the conduct of any office, department, or agency of the city and make
investigations as to municipal affairs.
(6) Appoint the members of the planning and zoning commission.
(7) Appoint the members of the zoning board of adjustment.
(8) Adopt and modify the official map of the city.
(9) Regulate and restrict the area, height, and number of stories of buildings and other
structures, the size of yards and courts, the density of populations, and the location
and use of buildings for trade, industry, business, residence, or other purpose, and
adopt such other zoning regulations as may be authorized by law.
(10) Adopt, modify and carry out plans proposed by the planning and zoning
commission for the replanning, improvement, and redevelopment of neighborhoods
and for the replanning, reconstruction, or redevelopment of any area or district
which may have been destroyed in whole or in part by disaster.
(11) Provide an independent audit.
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Ordinance No. 1324-3-95
(12) Appoint the city secretary, the city attorney, PROP.
municipal judge and alternate municipal judge. No.
13
(13) Enact ordinances.
Sec. 2.07. Appointment of city manager.
The council shall appoint a city manager, for an indefinite term, who shall be the chief
administrative and executive officer of the city. No member of the council PROP.
shall, during the term for which hethe member was elected, be chosen as the city manager. The 16
city manager shall receive such compensation as may be fixed by the council. 16
Sec. 2.08. Removal of the city manager.
The council may remove the city manager, upon the affirmative vote of a majority of the
full membership of the council. If removed after serving three (3) months, the city manager may
demand written charges and the right to be heard thereon at a public meeting of the council prior
to the date on which histhe city manager's final removal shall take effect; pending such hearing PROP.
the council may suspend Ninthe city manager from office. The action of the council in No.
suspending or removing the city manager shall be final, it being the intention of the charter to 16
vest all authority and fix all responsibility for such suspension and removal in the council.
Sec. 2.09. Removal of other appointive officials.
The council may, upon the affirmative vote of a majority of the full membership of the
council, remove members of its appointive boards and commissions %4thew nedee, exeept as PROP .
r-equir-ed allowed by state law. NO.
13
Sec. 2.10. Council's right of inquiry into appointments and removals.
Neither the council nor any of its members shall direct or request the appointment of any
person to or 44ssuch person's removal from any office under the control of the city manager. PROP .
Newevef, the eeaneil fnay eensu_t aFA .,dive the elder, mak ; . Wiling the Nos.
appeifltefttser- r-effievals and may e*pfess the epinien �egard t e.e*e. In regard to
���—� u �. ... 16
administrative and executive duties under the city manager, the council and its members shall
deal solely through the city manager and neither the council nor any member thereof shall give
orders to any subordinate of the city manager, either publicly or privately. VAIN -61 Any knowing
violation of the foregoing provisions of this charter by any member of the council shall constitute
official misconduct and shall authorize the council by a vote of a majority of its membership to
expel such offending member from the council if found guilty after a public hearing, and thereby
create a vacancy in the place held by such member.
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Ordinance No. 1324-3-95
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Sec. 2.11. Investigation by the city council.
PROP.
The city council shall have power to inquire into the conduct of any office, department, No. 2
agency, officer or employee of the city and to make investigations as to municipal affairs, and
for that purpose may subpoena witnesses, administer oaths and compel the production of books
papers, and other evidence.
be punishable �tv-vicvvvdrnvhundred dollars (.,....,..,...,.,).
Sec. 2.12. Creation of new department ^" offieeReserved.
PROP.
and ageneies established by Ws ehaFtff. No. 4
Sec. 2.13. COFpeftieft Municipal court.
There shall be established and maintained a court designated as a "raefPer-mien municipal
court for the trial of misdemeanor offenses, with all such powers and duties as now or hereafter PROP .
may be prescribed by laws of the State of Texas relative to municipal No .
13
courts.
Sec. 2.14. City Municipal judge.
The city council shall appoint a fnagistFate judge of and one or more alternate magistfates
judges of the municipal court or courts to be known as the eity municipal judge, who PROP .
shall be appointed for a term of two (2) years, subject to removal by the City Council with or 20 .
without cause. 13
The judge orjudges
shall receive such compensation as may be fixed by the council.
. All
costs and fines imposed by the eer-pefatien municipal court shall be paid into the city treasury
for the use and benefit of the city.
Sec. 2.15. Induction of council into office; meetings.
The first meeting of each newly elected council, for induction into office, shall be held
on the first Thursday next following its election, after which the council shall meet regularly on
the first and third Thursdays of each month. All regular meetings and all called special meetings PROP.
of the council shall be open to the public, except as authorized by state law. The mayor or any No.
two (2) members of the city council may call special meetings of the city council at any time, 13
after publishing notice of that meeting in accordance with state law.
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Ordinance No. 1324-3-95
Sec. 2.16. Procedure for passage of ordinances.
Every ordinance shall be introduced in written or printed form and upon passage, shall
take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or
forfeiture for a violation of its provisions shall become effective from the date of its passage;
subject to the provisions of "-`ra ele 9 e this charter. The elerlccity secretary shall give notice of
the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the
provisions thereof, by causing the caption or title, including the penalty, of any such ordinance
to be published in the official newspaper of the City of Allen at least twice within ten (10) days PROP.
after the passage of said ordinance. HeThe city secretary shall note on every ordinance, the Nos .
caption of which is hereby required to be published, and on the record thereof, the fact that same 15 G
has been published as required by the charter, and the date of such publication, which shall be 16
prima facie evidence of the legal publication and promulgation of such ordinance; provided that
the provisions of this section shall not apply to the correction, amendment, revision and
codification of the ordinances of the city for publication in book or pamphlet form. Except as
otherwise provided by "-`zazacle 9 e this charter, it shall not be necessary to the validity of any
ordinance that it shall be read more than one time or considered at more than one session of the
city council. Every ordinance shall be authenticated by the signature of the mayor and city
secretary and shall be systematically recorded and indexed in an ordinance book in a manner
approved by the council. It shall only be necessary to record the caption or title of ordinances
in the minutes or journal of council meetings. The city council shall have power to cause the
ordinances of the city to be corrected, amended, revised, codified and printed in code form as
often as the council deems advisable, and such printed code, when adopted by the council, shall
be in full force and effect without the necessity of publishing the same or any part thereof in a
newspaper. Such printed code shall be admitted in evidence in all courts and places without
further proof.
Sec. 2.17. . Reserved
PROP.
offfinanee and penalty feF violation thereof shall be published. All eFdinanees shod! beeeme No.
effeetive as of the date stated themin, and in event ne paFtieular- date is stated, said efdinanees 15
Sec. 2.18. Rules of procedure; minutes.
The council shall determine its own rules of order of business. It shall keep the minutes
of its proceedings, and the minutes shall be open to public inspection. Minutes of all meetings PROP .
of the council shall be promptly entered 'n the minute book of the No. 2
council, and the city secretary shall at the same time provide a permanent and adequate index
showing the action of the council in regard to all matters submitted to it at both regular and
special meetings.
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Ordinance No. 1324-3-95
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Sec. 2.19. Rules of procedure: legal quorum.
The city council shall determine its own rules of procedure and may compel the
attendance of its members. Four -sevenths of the qualified members of the city council shall
constitute a quorum to do business and the affirmative vote of a majority of those present shall
be necessary to adopt any ordinance or resolution. Minutes of the proceedings of all meetings
of the city council shall be kept, to which any citizen may have access at all reasonable times
and which shall constitute one of the archives of the city. The vote upon the passage of all
ordinances and resolutions shall be taken by the "ayes" and "nays" and entered upon the minutes,
and every ordinance or resolution, upon its final passage, shall be recorded in a book kept for
that purpose under full caption, and shall be authenticated by the signature of the presiding
officer and the person performing the duties of the city secretary.
Sec. 2.20. Independent annual audit.
Prior to the end of each fiscal year the council shall designate qualified certified public
accountants who, as of the end of the fiscal year, shall make an independent audit of accounts
and other evidences of financial transactions by the city and shall submit their report to the
council and the city manager within six (6) months. Such accountants shall have no personal
interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. They
shall not maintain any accounts or records of the city business, but within specifications approved
by the council, shall post -audit the books and documents kept by designated departments and any
separate or subordinate accounts kept by any other office, department, or agency of the city
government. A copy of such audit shall be kept in the office of the city secretary subject to
inspection by any citizen or officer during regular office hours.
ARTICLE HL THE CITY MANAGER
Sec. 3.01. The city manager.
The city manager shall be chosen by the council on the basis of hip character, executive
and administrative training, experience and ability, and without regard to political consideration.
HoThe city manager need not when appointed be a resident of the City of Allen, but during PROP.
h6the city manager's tenure of office ]*the city manager shall reside in Allen. No.
16
Sec. 3.02. Powers and duties.
The city manager shall be the chief executive officer and the head of the administrative
branch of the city government. HeThe city manager shall be responsible to the city council for PROP .
proper administration of all affairs of the city under hWhe jurisdiction of the city manager and No .
to that end, hethe city manager shall have the power and shall be required to: 16
3/13M Ed!Uw 10
Ordinance No. 1324-3-95
Acco69AC
(1) Appoint, and when necessary for the welfare of the city, remove any officer or
employee of the city except as otherwise provided by this charter and, except as PROP.
hethe city manager may authorize the head of a department to appoint and remove No.
subordinates in such departments. 16
(2) Prepare and submit to the council an annual budget and be responsible for its
administration after adoption.
(3) Prepare and submit to the council at the end of the fiscal year a complete report
on the finances Pad adfrAnistFa4We aetWi f the city for the preceding year. PROP.
No. 3
(4) Keep the council advised of the financial condition and future needs of the city
and make such recommendation as may seem te him desirable. PROP.
NO.
(5) Perform such other duties as may be prescribed by this charter or required ef him
16
by the council, not inconsistent with this charter. PROP.
No.
(6) Attend all regular meetings of the council with the right to take part in the
16
discussions, but having no vote.
Sec. 3.03. Bond of city manager.
The council shall require the city manager, before entering upon the duties of hiethe
office, to execute a good and sufficient bond with a surety company doing business in the State
of Texas, , as surety thereon, said bond to be in such amount as the
council may demand, payable to the City of Allen, and conditioned for the faithful performance
of the duties of histhe office, the premium of such bond to be paid by the city and approved by
the council.
Sec. 3.04. Absence of city manager.
To perform hWhe duties of the city manager during hisan absence or disability, the
council may by resolution appoint an officer of the city to perform the duties of the city manager
until hethe city manager shall return or hissuch disability shall cease. In case of absence,
disability, or illness exceeding thirty (30) days, where 4*Whe duties of the city manager could not
be performed properly, 4&the city manager's salary may be continued at the discretion of the
council.
Sec. 3.05. Administrative departments.
PROP.
NO.
16
PROP.
NO.
16
PROP.
NO.
4
3/13/95 Edition 11 AGCM8AC
Ordinance No. 1324-3-95
3113195 Edition 12 A0006BAC
Ordinance No. 1324-3-95
An
Y.
Y.
_
1.6 WIN
_
WN I IM
M
S.
Y.
1�11illIll'iflim
NORIO
Y_
Mili
III
11
3113195 Edition 12 A0006BAC
Ordinance No. 1324-3-95
1
Y_ _
\
Y.
IN
4
i
The city council, after hearing recommendations by the city manager, shall, by ordinance,
provide for necessary organizational arrangements, to properly carry out its public safety, public PROP
works, recreation, library, finance, and other service and administrative functions. No.
4
The city council may, by ordinance, establish such advisory boards as it deems
appropriate to assist the council and the city manager in carrying out municipal functions and
activities.
Sec. 3.06. Directors of departments.
At the head of each department there shall be a director, who shall be an officer of the
city and shall have supervision and control of the department subject to the city manager. Two
or more departments may be headed by the same individual, the city manager may head one or
3/13/M Edition 13 AGG06RAC
Ordinance No. 1324-3-95
more departments, and directors of departments may also serve as chiefs of larger divisions.
Sec. 3.07. Appointments, promotions, and dismissals.
Appointments and promotions in the administrative service of the city shall be made
according to merit and capability. To carry out this purpose, the council may by ordinance
provide a system for the classification of positions and rules for the appointment, promotion, and
dismissal of employees within such classifications.
Sec. 3.08. The city secretary, and city attorney, municipal
judge, and alternate municipal judge.
The positions of city secretary, city attorney, municipal
judge and alternate municipal judge shall be considered staff level positions and shall be PROP .
appointed by the city council. These positions shall not be considered to be in the administrative No.
service of the city, and the appointees thereto shall serve at the discretion of the city council and 13 &
not the city manager.
ARTICLE IV. BUDGET
Sec. 4.01. Fiscal year.
The fiscal year of the City of Allen shall begin on October 1 of each calendar year and
will end on September 30 of the following calendar year. The fiscal year will also be established
as the accounting and budgeting year.
Sec. 4.02. Preparation and submission of budget.
The city manager, prior to August 1 of each year, shall prepare and submit the budget
covering the next fiscal year to the council. In preparing this budget, each employee, officer,
board, and department shall assist the city manager by furnishing all necessary information. The
city manager's budget document shall contain:
(1) An outline of the proposed financial policies for the next fiscal year with
explanations of any changes from preceding years in expenditures and any major
changes of policy and a complete statement regarding the financial condition of
the city.
(2) An estimate of all revenue from taxes and other sources, including the present tax
structure rates and property evaluations for the ensuing year.
3/13/95 Edition 14
Ordinance No. 1324-3-95
AGCM8AC
(3) ,
empleyee,
PROP.
last ended fiseei .+' and the pr-esefit yeaf to date No.
5
The proposed goals and objectives and expenditures for current operations during
the ensuing fiscal year, detailed for each fund by organization unit, and program,
purpose or activity, and the method of financing such expenditures.
(4) A description of all outstanding bonded indebtedness, showing amount, purchaser,
date of issue, rate of interest, and maturity date, as well as any other indebtedness
which the city has incurred and which has not been paid.
(5) A statement proposing any capital expenditures necessary for undertaking during
the next budget year and recommended provision for financing.
(6) A list of capital projects which should be undertaken within the
next five (5) succeeding years.
Sec. 4.03. Budget a public record.
The budget and all supporting schedules shall be filed with the city secretary when
submitted to the council and shall be open to public inspection by anyone interested.
Sec. 4.04. Public hearing on budget.
At the council meeting at which time the budget is submitted, the council shall name a
date and place of a public hearing and shall cause to be published in the official newspaper of
the city the time and place, which shall not be less than five (5) days nor more than fifteen (15)
days after the date of notice. No other business may be conducted at this hearing. Interested
citizens may express their opinions concerning items of expenditure, giving their reasons for
wishing to increase or decrease any items of expense.
Sec. 4.05. Proceeding on adoption of budget.
After public hearing, the 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 a favorable majority vote of all members of the council.
Sec. 4.06. 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 council shall constitute the official appropriations as proposed expenditures for the
current year and shall constitute the basis of the official levy of the property tax as the amount
of tax to be assessed and collected for the corresponding tax year. Estimated expenditures will
3/13/95 Edition 15
Ordinance No. 1324-3-95
AGG068AC
in no case exceed proposed revenue plus cash on hand.
Sec. 4.07. Unallocated reserve fund.
The City manager may recommend, for action by the council, an unallocated reserve fund
not to exceed three (3) percent of the total budget to be used for unexpected items of expense
which were not contained as original items of expenditure.
Sec. 4.08. Amending the budget.
Under extreme emergency conditions which may arise and which could not reasonably
have been foreseen in the normal process of planning the budget, the council may, by a majority
vote of the full membership, 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 ordi-
nance, and shall become an attachment to the original budget.
Sec. 4.09. Certification; copies made available.
A copy of the budget, as finally adopted, shall be filed with the city secretary, the county
clerk of Collin County, and the state comptroller of public accounts at Austin, Texas, and at the
Allen Public Library. The final budget shall be printed, mimeographed, 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.
Sec. 4.10. 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.
ARTICLE V. BONDS, WARRANTS, AND OTHER
EVIDENCE OF INDEBTEDNESS
Sec. 5.01. Power to issue.
In accordance with the constitution of the State of Texas, and not contrary thereto, the
City of Allen shall have the power to borrow money against the credit of the city for any public
purpose that is not now nor hereafter prohibited by the constitution and laws of the State of
Texas. The city shall have the power to issue all tax bonds, revenue bonds, funding and refunding
bonds, time warrants, and any other evidences of indebtedness as now authorized or may be
authorized hereafter to cities by the laws of the State of Texas.
3/13M Edition 16 AGGOUAc
Ordinance No. 1324-3-95
Sec. 5.02. Revenue bonds.
The City of Allen shall have the power to borrow money for such purposes as
constructing, purchasing, improving, expansion of, or repair of public utilities, recreational PROP .
facilities, or other facilities of self-liquidating municipal function not now or hereafter prohibited No
13
by the laws of the State of Texas; and to issue revenue bonds as evidence of the obligation so
created. Such bonds shall be a charge upon and payable solely from the properties or interest
therein acquired and the income therefrom, and these bonds shall never become a "debt of the
city." All teventie bonds isseed by the eky shall have first been autherized by a majer-ity of the
. The council shall have authority to
provide for the terms and form of any purchase agreement, contract, mortgage, bond, or
document, desired or necessary, for the issuance of revenue bonds, and the acquisition and
operation of any such property or interest.
See. 5.03. Execution and registration.
All bonds, warrants, and certificates of indebtedness shall be signed by the mayor,
countersigned by the city secretary, and sealed with the official seal of the city, and forwarded
to the attorney general of the State of Texas for approval and for registration by the comptroller
of public accounts as provided by law.
Sec. 5.04. Bond register.
There shall be kept as a public record by the eity seefetary- Finance Director a register
showing all bonds, warrants, and certificates of indebtedness issued, the date, amount, rate of PROP .
interest where payable, and the maturity contained thereon. When such indebtedness and/or its 10
interest has been paid, that payment shall be recorded in said register.
Sec. 5.05. Manner of issuance.
All bonds, warrants, or other indebtedness shall be issued in the manner provided by the
general laws of the State of Texas. None of same shall be deemed invalid because they are sold
for less than par value and accrued interest.
Sec. 5.06. Manner of retirement of indebtedness.
The council shall levy an annual tax on the real property and personal property in the city
sufficient to pay the interest on and to provide the necessary sinking fund required by law on
outstanding general obligation bonds of the city and shall deposit those funds in a separate
account. These funds shall not be used for any other purpose than to retire such indebtedness.
3/13M EWtIm 17 AccoeMc
Ordinance No. 1324-3-95
ARTICLE VL ASSESSMENT AND
COLLECTION OF TAXES
Sec. 6.01. Departmeni of temati Property Taxes.
All property, real, personal or mixed, lying and being within the corporate limits of the
City of Allen on the first day of January of each year, excepting such property as may be exempt PROP .
from taxation under the Constitution and laws of the State of Texas, shall be subject to taxation. No.
13
Sec. 6.02. Power to levy and collect taxes.
Y.
mrmJill
All property, real, personal or mixed, lying and being within the corporate limits of the
City of Allen on the first day of January of each year, excepting such property as may be exempt PROP .
from taxation under the Constitution and laws of the State of Texas, shall be subject to taxation. No.
13
Sec. 6.02. Power to levy and collect taxes.
Y.
�WA
Y_
_
The city council shall have such power and authority as is granted by this Charter and
the Constitution and laws of the State of Texas to provide by ordinance such rules, regulations PROP .
and procedures as are necessary for the assessment, levy and prompt collection of all taxes 13
assessed and imposed pursuant to and consistent with this Charter and the Constitution and laws
of the State of Texas.
Sec. 6.03. Taxes --Method of
Payment --Penalties.
The assessor md eelleeter of tmes 96H, at least teft (10) &ys mtd fiat more them dhkrt5�
(30) days befefe the fffst day of jantiary of eaeh year, give publie fiefiee by advefgseffient ift -
offieieA newspaper- of the eity that eAl per -seas 3ft"Hifig, as agew or other -wise, any
per -I prepefty or- real estate subjeet te muniei iequifed to render- same fer. tmatien
between the first day of katiary to the th"eOt-II4ey of ApFH eaeh year. By May 1 all basinessee
required by statute of 61 geeds, wmes, itnd tnerehandise and any ether Mseftel
3/13/!5 Edition 18 AGG069AC
Ordinance No. 1324-3-95
The taxes herein and hereby authorized to be levied shall become due and payable
October I of the year assessed, and shall be payable in cash as designated by the city council.
The city council may be ordinance provide for split payment of taxes, and may authorize the
payment of taxes in two (2) or more equal installments. Taxes shall be deemed and become
delinquent if not paid prior to February 1 the year following assessment, unless the city council
shall be ordinance provide for split payments, in such event such taxes shall become due and
payable as provided in said ordinance. The city council may be ordinance provide for penalty
and interest to be assessed on all delinquent taxes in such amounts as may be authorized by law.
See. 6.04. Tax lien.
--- .7--9 av v..—.a —. vvvv ...v v—..-_ --- .. v--rr-" .... ... ... ... ...... ......
....
... ---I
—.
--v vw..v --w
eft—der whieh seeh prepefty should have beeft assessed for seeh
the
year, md the
tmes theieen shall be eelleeted the same as the other- Wmes; pmvided
that
stleh
sappleffieftw
FeH
by the eoufteil and seeh tomes may bear interest at the me ef ten
the date eA whieh the same would haye been delinquent if le -vied
(10) pement
and assessed,
per
and
mmufa
if the swne
shall ftet be paid within Otifty (30) days afiff the date of seeh
appr-eya+j
the eeRee"
A lien is hereby created on all property, personal and real, in favor of the City of Allen,
to secure the payment of all taxes, ad valorem or otherwise. Said lien shall exist from January
first in each year until such taxes are fully paid. Such lien shall be prior to all other claims, and
no gift, sale, assignment or transfer of any kind, or judicial writ shall defeat such lien. The City
of Allen may pursue, or cause to be pursued, such property, and whenever found, may seize and
sell enough thereof to satisfy such taxes as are owed to the City of Allen.
Sec. 6.05. Validity of tax Foils Reserved.
3113/95 Edition 19 AGG06BAC
Ordinance No. 1324-3-95
PROP.
No.
13
PROP.
No.
13
PROP.
No.
13
Sec. 6.06. Reserved
of AReft at the eity hall building or- at seeh other- plaees ift the Gify of Allen as may PROP.
speeifiee4ly desipmed by the
but it isNo.
eeafteil' No demand ftw sueh mes shall be 13
Sec. 6.07. Removing property from Allen Reserved.
fief,If anyefte against whem a personal tm is assessed and unpaid, whether- the 9 - .-
PROP .
No.
eity' it sheA be the duty of the assessor- md eelleeter- of taxes to pmeeed at enee to eeHeet tmes 13
Sec. 6.08. inadequate deseription Reserved.
PROP.
Sec. 6.09. Power to eopreet errors Reserved.
Sec. 6.10. Ratifleati6R Reserved
Sec. 6.11. Owner io render for taxation Reserved.
Ms agent, as previded by the laws of the Stme of Trems for- the fendifien of pfepeffy
3/13/% Edition 20 A00069AC
Ordinance No. 1324-3-95
PROP.
No.
13
PROP.
No.
13
PROP.
No.
13
Sec. 6.12. Assessor and eolleetor my assess for tomati Reserved.
PROP.
No.
' sueh assessment may be ma& itt the 13
Sec. 6.13. Board of equalization Reserved
PROP.
Sec. 6.14. Appeals io board of equalization Reserved.
PROP.
Sec. 6.15. inereasing an amessm Reserved.
4 the assessor. md eelleetff of taxes pmpeses to assessment eyef- the me
PROP.
assessed the pfeeeding yees-, nedee 9641 be given to sueh pmperty owner or the person rende i - No.
same,the sta&g the feet that the assessfaent of the owner -'s pmperty is about to be e F1
13
3/13M Edi" 21 AGCAMAc
Ordinance No. 1324-3-95
llilip
Sec. 6.12. Assessor and eolleetor my assess for tomati Reserved.
PROP.
No.
' sueh assessment may be ma& itt the 13
Sec. 6.13. Board of equalization Reserved
PROP.
Sec. 6.14. Appeals io board of equalization Reserved.
PROP.
Sec. 6.15. inereasing an amessm Reserved.
4 the assessor. md eelleetff of taxes pmpeses to assessment eyef- the me
PROP.
assessed the pfeeeding yees-, nedee 9641 be given to sueh pmperty owner or the person rende i - No.
same,the sta&g the feet that the assessfaent of the owner -'s pmperty is about to be e F1
13
3/13M Edi" 21 AGCAMAc
Ordinance No. 1324-3-95
Sec. 6.16. TaNes when due and payable Reserved
PROP.
Sec. 6.17. dens Reserved.
PROP.
Sec. 6.18. Reserved.
3/13M Edition 22
Ordinance No. 1324-3-95
AGG069AC
fill....
. .....
Mp
1114 110111
Will 111".
� 11
See. 6.19. joini interest W property Reserved.
PROP.
See. 6.20. Genera' powers Reserved.
ARTICLE VII. NOMINATIONS AND ELECTIONS
Sec. 7.01. Election.
The regular city election shall be held on the first Saturday in Apra May each year, at
which time officers will be elected to fill those offices which become vacant that year. The PROP .
council shall fix the hour and place for holding such elections. The council may, by resolution, o
order a special election, fix the time and place for holding same, and provide all means for 13
holding such special election.
3/13/95 Edition 23 ACAMMAC
Ordinance No. 1324-3-95
Sec. 7.02. Regulation of elections.
The council shall make all regulations considered to be necessary or desirable which are
not inconsistent with this charter eF and the laws of the State of Texas, for the conduct of
municipal elections, for the prevention of fraud, and shall make provisions for recount of the
ballots in case of doubt or fraud. The council will appoint election officials who will conduct the
municipal elections consistent with this charter, regulations made by the council, eF and the laws
of the State of Texas.
Sec. 7.03. Nominations.
Any person having the qualifications required by this charter may become a candidate
for election to the office of mayor or councilmember
by filing an application with the city secretary, or his -e
a petition signed by , or not fnem than dtiffy
F3A) the minimum number of qualified voters prescribed by state law who shall be designated
as his sponsors and by paying a filing fee set by the City Council by
ordinance. No voter shall sign more than one petition, and should any voter do so, hissuch
signature shall be void except as to the petition first filed. With each signature shall be stated
the place of residence of the signer, giving the street, number, or other description sufficient to
identify it. The petition shall also indicate the position, numbers one (1) through 9eveft-(7)six (6)
or the position of mayor that the person is being nominated for, and a nominee may seek only
one (1) position, any council position or mayor.
all ftemiaees:
Persons who desire to be candidates, , must
file in the above manner with the city secretary not earlier than eixety (90) seventy-five (75) days
nor later than x{30) forty-five (45) days before the election.
Acknowledgment of nomination by petition of each nominee will be in writing and will
be accepted by the city secretary. Afyy�Persons who seeks to place histheir own name in
nomination or hashave been placed in nomination by petition shall take the following oath:
"I do hereby declare that I accept the nomination for position number on the council
and agree to serve as councilmember (mayor) if elected. I am years of age, a
qualified voter of the City of Allen, a resident of the , and
of the City of Allen for at least one (1) year.
wMes or other- liabilify due the City ef A! At the present time, I reside at
in the City of Allen."
Signature
Date: Time:
3113M eaidm 24
Ordinance No. 1324-3-95
PROP.
No.
13
PROP.
No.
6
Received by:
City Secretary
The petition placing a person in nomination shall be in the following fem!
"We,
-voters City
Alleft, hereby
the eadmigned of the
of
nefainate
and sponsor
, whose
nee is
for
.he a ffie i
Yowd
for &I the eleetiett to be held eft the
day of
May, 19===
, and we
Otat
dwing have
for
mtd
ef€iee
the etiffent eleedeft we
"
fief signed any ether.
fiel"iftating
pefifien
meet the requirements of the Texas Election Code.
Sec. 7.04. Number, selection, and term of council.
The council shall be composed of a mayor and six (6) councilmembers, who shall be
elected for two year terms and serve in the following manner subject to the adoption ef this PROP
e-laftef. 16
31131" Edition 25 A00069AC
Ordinance No. 1324-3-95
w�nw�wwrwwNwwwwnw
r
meet the requirements of the Texas Election Code.
Sec. 7.04. Number, selection, and term of council.
The council shall be composed of a mayor and six (6) councilmembers, who shall be
elected for two year terms and serve in the following manner subject to the adoption ef this PROP
e-laftef. 16
31131" Edition 25 A00069AC
Ordinance No. 1324-3-95
(4 A) The mayor and other members of the council shall be elected from the city at PROP .
large for two year terms. The mayor and councilmembers for places 2, 4, and 6 No .
shall be elected in each even -numbered year and councilmembers for places 1, 16
3, and S shall be selected in odd -numbered years.
(4 B) The candidate for mayor who receives the highest number of valid votes by PROP.
qualified voters at the election shall be declared elected The candidate for any of 16 .
the six (6) numbered council positions shall be declared elected if he such person
receives the highest number of votes cast for that position only.
Councilfneivnembers will run for office and will be elected to office by place on
the city council.
(3 Q In case of a tie vote as to any two (2) or more candidates; the council shall order PROP .
a runoff election to be held not earlier than #AFty No .
(4%twenty (20) days nor later than €e )thirty (30) days after the final 16
canvass of the regular election.
(6 D) The mayor and each councilemmnember so elected after the adeption of PROP.
ehaner shall hold office for a period of two (2) years and until his the successor No.
is elected or qualified. All elections shall be held in accordance with the election 13
laws of the State of Texas and the provisions of this charter.
(-7 E) Should t -The mayor, a members of the city council ardor any appointed members
of everya council -appointed commission, committee or study group who PROP -
ffeeseesbecome a candidate for any elective public office other than thm whieh No. 2
he or she is helding-af the fifne of mmeafteing for office then held, whieh e€€iee
is to in , such candidacy shall constitute an
automatic resignation of his eleetive of appointive such office
eensid"r to a iee-iso`r-the-date of -etanouneement for -e i,in mom
Sec. 7.05. The official ballot.
The official ballot shall be drawn up by the city secretary and will contain the names of
all candidates for office, except those who may have been withdrawn, deceased, or become
ineligible. Names will be placed on the ballot without party designation, and position on the
ballot will be determined by drawing.
3/13M FARim 26
Ordinance No. 1324-3-95
A00069AC
years.
Thmdter,
and in
and the pesiden of mayer shall be eleeted.
(4 A) The mayor and other members of the council shall be elected from the city at PROP .
large for two year terms. The mayor and councilmembers for places 2, 4, and 6 No .
shall be elected in each even -numbered year and councilmembers for places 1, 16
3, and S shall be selected in odd -numbered years.
(4 B) The candidate for mayor who receives the highest number of valid votes by PROP.
qualified voters at the election shall be declared elected The candidate for any of 16 .
the six (6) numbered council positions shall be declared elected if he such person
receives the highest number of votes cast for that position only.
Councilfneivnembers will run for office and will be elected to office by place on
the city council.
(3 Q In case of a tie vote as to any two (2) or more candidates; the council shall order PROP .
a runoff election to be held not earlier than #AFty No .
(4%twenty (20) days nor later than €e )thirty (30) days after the final 16
canvass of the regular election.
(6 D) The mayor and each councilemmnember so elected after the adeption of PROP.
ehaner shall hold office for a period of two (2) years and until his the successor No.
is elected or qualified. All elections shall be held in accordance with the election 13
laws of the State of Texas and the provisions of this charter.
(-7 E) Should t -The mayor, a members of the city council ardor any appointed members
of everya council -appointed commission, committee or study group who PROP -
ffeeseesbecome a candidate for any elective public office other than thm whieh No. 2
he or she is helding-af the fifne of mmeafteing for office then held, whieh e€€iee
is to in , such candidacy shall constitute an
automatic resignation of his eleetive of appointive such office
eensid"r to a iee-iso`r-the-date of -etanouneement for -e i,in mom
Sec. 7.05. The official ballot.
The official ballot shall be drawn up by the city secretary and will contain the names of
all candidates for office, except those who may have been withdrawn, deceased, or become
ineligible. Names will be placed on the ballot without party designation, and position on the
ballot will be determined by drawing.
3/13M FARim 26
Ordinance No. 1324-3-95
A00069AC
Sec. 7.06. Qualified voter.
A qualified voter is one who has r-esided ift the State of T-e*as twelve (12) meaths and
PROP .
ift whieh he effers to vote, and ossesses the ehhee qualifications required by the general No .
laws of the State of Texas. All such qualified voters shall have the right to vote for members 13
of the council and the mayor, and in all elections to determine the expenditures of money, or
assumption of debt, and for the levying of special taxes.
Sec. 7.07.16ows governing eity eleefiens. Reserved
PROP.
No.
Sec. 7.08. Conducting and canvassing elections. 13
Returns of all municipal elections, both general and special, shall be made by the-eleed
effieers to the eetifteil within five (5) &ys not earlier than the second day or later than the sixth PROP .
day after the election,ef as seen as , at which time the council shall canvass the votes, No.
declare the results of such election, with notification of election to the candidate elected. 13
Sec. 7.09. Oath of office.
Every officer of the City of Allen shall, before entering upon the duties of h6 such
elected or appointed office, take and subscribe to an oath or affirmation to be filed and kept in PROP .
the office of the city secretary, whose duty it shall be to administer all oaths of office. No.
16
ARTICLE VHL FRANCHISES AND PUBLIC UTILITIES
Sec. 8.01. Regulation of public utilities.
The city council shall have the power by ordinance to determine, fix, and regulate the
charges, fares, or rates of compensation to be charged by any person, firm, or corporation
enjoying a franchise in the City of Allen, and shall in determining, fixing, and regulating such
charges or rates of compensation, base the same upon the fair value of the property of such
person, firm, or corporation devoted to furnishing service to the City of Allen or the inhabitants
thereof. The city council may prescribe the character, quality, and efficiency of service to be
rendered and shall have the power to regulate and require the extension of lines or services of
such public utility within the city by such person, firm or corporation and from time to time may
alter or change such rules, regulations, and compensation, provided that, in adopting such
regulations and in fixing or changing such compensation or determining the reasonableness
thereof, no stock or bonds authorized or issued by any corporation enjoying such franchises shall
be considered unless on proof that the same have been actually issued by the corporation for
money paid and used for the development of the corporate property, labor done, or property
3/13/95 Edition 27 AGG069AC
Ordinance No. 1324-3-95
actually received, in accordance with the laws and constitution of the State of Texas applicable
thereto. In order to ascertain all facts necessary for a proper understanding of what is or should
be a reasonable rate of regulation, the city council shall have full power to inspect the books and
records of the franchise holder and compel the attendance of witnesses for such purpose.
Any company, corporation, or person who may be engaged in furnishing to the inhabitants
of the City of Allen any electrical, power, gas, telephone, or any similar service shall on or
before the first day of April of each year file with the mayor of the City of Allen a sworn written
report including all the information set forth in A hell''�of the 1926 Revised the
Statutes of the State of Texas, as amended, pertaining only to their operations within the
corporate limits of the City of Allen; provided, however, that gas utilities may use the form of
report prescribed by the Railroad Commission of the State of Texas for gas distribution system
operations with respect to the City of Allen's distribution system.
Sec. 8.02. Operation of public services or utilities by the city.
The City of Allen shall have the power to build, construct, purchase, own, lease, maintain,
and operate, within or without the city limits, light and power systems, water systems, sewerage
systems, treatment plants, natural gas systems, parks and recreation facilities, solid waste
collection and disposal systems, and any other public service utility; the city shall have the
power to mortgage and encumber such system or systems in the manner provided in "Mete 11
to 114 8, inelesive, of the 1925 Re-vised GYiI Statutes of Texas, as wneaded, and wty edter the
laws of the State of Texas applicable thereto; and all the powers which the city might exercise
in connection with such public utilities and public services under A... ele "' the 492-5
Reyised GiAl statutes of Texas, its amended, and any ameadments dter-efe new of hereafter Iff
effeef, as well as ander afty other getter -al laws of the State of Texas
therefe, including the power to demand and receive compensation for service furnished for private
purposes, or otherwise, and with full and complete power and right of eminent domain proper
and necessary to carry aut efficiently said objects.
Sec. 8.03. Purchase of gas, electricity, etc.
The City of Allen shall have the power to purchase electricity, gas, oil or any other article
or service essential to the proper conduct of all the affairs of the City of Allen and of its inhabi-
tants on such terms as the city council may deem proper, for sale and distribution to the
inhabitants of the City of Allen or adjacent territory; provided that no contract of for the
purchase of a public utility shall be binding on the city shall be-vaW unless authorized by an
election at which a majority of those voting shall favor the making of such contract.
Sec. 8.04. Franchise.
(A) The right to control easement, use, and ownership and title to the city's streets,
highways, public thoroughfares, and property of the city, its avenues, parks, bridges, and all other
public places and property, are hereby declared to be inalienable except by ordinance, duly
3/13M Edition 28 A00069AC
Ordinance No. 1324-3-95
PROP.
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14
PROP.
No.
14
PROP.
No.
7
passed by a majority of all members of the city council, and no grant of any franchise, lease, or
right to use the same either on, through, along, across, under, or over the same, by any private
corporation, firm, or individual shall be granted by the city council for a longer period than thirty
(30) years unless submitted to the vote of the legally qualified voters of the City of Allen,
provided, however, that when any application is made for any grant of franchise, lease, right, or
privilege by any person or corporation, if requested by the applicant, the city council shall submit
it, at an election called for that purpose, the expense of which shall be borne by the applicant,
and if a majority of the votes cast at said election shall be in favor of making the grant as applied
for, said grant shall be made for a term of years as specified in the ordinance calling said
election.
(B) The city council may of its own motion, submit all of such applications to an election
at which the people shall vote upon the propositions therein submitted, the expense of such
election in all cases to be borne by the applicant.
(C) No franchise shall ever be granted until it has been approved by a majority of the city
council, after heming been in fe at three (3) regular meetings of the city council of the City PROP.
of Allen nor shall any such franchise, grant, or privilege ever be made unless it provides for No .
adequate compensation or consideration therefor to be paid to the city. 8
(D) Every such franchise or grant shall make adequate provision, by way of forfeiture of
the grant or otherwise, to secure efficiency of public service at reasonable rates and to maintain
the property devoted to the public service in good repair throughout the term of grant of said
franchise.
(E) No franchise granted after adoption of this charter shall ever be exclusive.
(F) The city council may prescribe the forms and methods of the keeping of accounts of
any grantees under franchise, provided that the forms and methods of keeping such accounts have
not already been prescribed by a state or federal agency.
Sec. 8.05. Placement of wires, etc., underground.
The city council may require the placing of all wires or the overhead construction of
public utilities within the business area, fire zones, industrial areas, or any other area of the City
of Allen as it may deem necessary or desirable, under the surface of the ground under such
regulations as may be prescribed by the city council.
Sec. 8.06. Authority to acquire property.
The City of Allen shall have the power and authority to acquire by purchase, gift, devise,
deed, condemnation, or otherwise any character of property authorized by law to be used for
public purposes, within or without the municipal boundaries, including any charitable or trust
funds.
3/13M Edition 29
Ordinance No. 1324-3-95
AGG06BAC
ARTICLE IX. INITIATIVE, REFERENDUM,
AND RECALL
Sec. 9.01. Scope of recall.
,The mayor and members of the city council, whether elected to
office by qualified voters or appointed by the city council to fill a vacancy, shall be subject to PROP .
recall and removal from office by the qualified voters of the City of Allen on grounds of 16 No -
incompetency, misconduct, or malfeasance in office.
See. 9.02. Petitions for recall.
Before the question of recall of such officer shall be submitted to the qualified voters of
the City of Allen, a petition demanding such question to be so submitted shall first be filed with
the city secretary, which said petition shall be signed by thirty (30) per -cent of the total number
of qualified voters of the city that voted in the last regular municipal election of the city, but in
no event less than one hundred fifty (150) such petitioners. Eaek-sSigners of such recall petitions
shall personally sign hWheir names thereto in ink or indelible pencil, and shall write after
h6their name #iatheir places of residence, giving the name of the street and number, or place
of residence, and shall also write thereon the day, the month, and the year hWheir signatures was
were affixed.
Sec. 9.03. Form of recall petition.
The recall petition mentioned above must be addressed to the council of the City of Allen,
must be distinctly and specifically pointe4 to the grounds upon which such petition for removal
is predicated, and, if there be more than one ground, such as for incompetency, misconduct, or
malfeasance in office, 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 4iethe officer is charged
The signature shall be verified by oath in the following form:
"State of Texas
County of Collin
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.
Sworn and subscribed before me this
3/131% Ediflom
day of
19
Signed
Notary public in and for Collin County, Texas"
30
Ordinance No. 1324-3-95
A0006MC
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Sec. 9.04. Various papers constituting petition.
The petition may consist of one 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 PROP .
upon other paper attached thereto. Verifications provided for in the next preceding section of this 16
article may be made by one 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 forty-five (45) days prior to the
filing of such petition or petitions with the person performing the duties of city secretary. All
papers comprising a recall petition shall be filed with the city secretary on the same day, and the
said city secretary shall immediately notify, in writing, the officer so sought to be removed, by
mailing such notice to #iasuch officer's Allen address.
Sec. 9.05. Presentation of petition to the council.
Within five (5) days after the date of the filing of the papers constituting the recall
petition, the city secretary shall present such petition to the city council of the City of Allen.
Sec. 9.06. Public hearing to be held.
The officer whose removal is sought may, within five (5) days after such recall petition
has been presented to the council, request that a public hearing be held to permit ItifWhe officer PROP -
to present facts pertinent to the charges specified in the recall petition. In the event, the council No
shall order such public hearing to be held, not less that five (5) days nor more than fifteen (15) 16
days after receiving such request for a public hearing.
Sec. 9.07. Election to be called.
If the officer whose removal is sought does not resign, it shall become the duty of the
council to order an election and fix a date for holding such recall election, the date of which PROP .
election shall not be less than twenty-five (25) nor more than forty-five (345) days from the No
13
date such petition was presented to the council, or from the date of the public hearing if one was
held.
Sec. 9.08. 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
3/13/96 Edition
be removed from the Office of
by recall?"
31
Ordinance No. 1324-3-95
AGG,06RAC
(2) Immediately below each such question there shall be printed the following words,
one above the other, in the order indicated:
"Yes"
"No"
Sec. 9.09. Result of recall election.
If a majority of the votes cast at a recall election shall be "No", that is, against the recall PROP .
of the person named on the ballot, hesuch person shall continue in office for the remainder of 16
30-
h6the unexpired term, subject to recall as before. If a majority of the votes cast at such an
election be "Yes", that is, for the recall of the person named on the ballot, hesuch person shall,
regardless of any technical defects in the recall petition, be deemed removed from office and the
vacancy be filled by the council as provided in this charter.
Sec. 9.10. Recall, restrictions thereon.
No recall petition shall be filed against any officer of the City of Allen within three (3) PROP .
months after hissuch officer's election, nor within three (3) months after an election for such 140
16
officer's recall.
Sec. 9.11. . Appeal.
Should the city council fail or refuse to order an election as herein provided for the recall PROP .
of a councilmember, when all the requirements for such election have been complied with by the MO- 9
petitioning citizens, in conformity with this Charter, then it shall be the duty of a court of
appropriate jurisdiction, upon proper application being made therefor, to order such election and
to enforce the carrying into effect of the provisions of the Charter.
Sec. 9.12. General power of initiative and referendum.
The qualified voters of the City of Allen, in addition to the method of legislation
hereinbefore provided, shall have the power of direct legislation by the initiative and referendum.
3/13/95 Edition 32 AGG069AC
Ordinance No. 1324-3-95
Fr. W NNW
Should the city council fail or refuse to order an election as herein provided for the recall PROP .
of a councilmember, when all the requirements for such election have been complied with by the MO- 9
petitioning citizens, in conformity with this Charter, then it shall be the duty of a court of
appropriate jurisdiction, upon proper application being made therefor, to order such election and
to enforce the carrying into effect of the provisions of the Charter.
Sec. 9.12. General power of initiative and referendum.
The qualified voters of the City of Allen, in addition to the method of legislation
hereinbefore provided, shall have the power of direct legislation by the initiative and referendum.
3/13/95 Edition 32 AGG069AC
Ordinance No. 1324-3-95
Sec. 9.13. Initiative.
Qualified voters of the City of Allen may initiate legislation by submitting a petition
addressed to the council which requests the submission of a proposed ordinance or resolution to
a vote of the qualified voters of the city. Said petition must be signed by thirty (30) percent of
the number of votes cast at the last regular municipal election of the city, 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 or more copies as
permitted for recall petitions. Such petition shall be filed with the city secretary. Within five (5)
days after the filing of such petition, the city secretary shall present said petition and proposed
ordinance or resolution to the council. Upon presentation to it, it shall become the duty of the
council, within ten (10) days after the receipt thereof, to pass and adopt such ordinance or PROP.
resolution without alteration as to meaning or effect in the opinion of the persons filing the No.
petition, 13
or to place such
initiative on the ballot for election on the next uniform election date.
Sec. 9.14. Referendum.
Qualified voters of the City of Allen may require that any ordinance or resolution, with
the exception of ordinances or resolutions appropriating money or levying taxes, passed by the PROP .
council be submitted to the voters of the city for approval or disapproval, by submitting a No.
petition for this purpose within thirty (30) days after final passage of said ordinance or resolution, 15
or within thirty (30) days after its publication. Said petition shall be addressed, signed, and
verified as required in seetion 9.' OF this charter and shall be submitted to the city secretary.
Immediately upon the filing of such petition, the city secretary shall present said petition to the
council. Thereupon the council shall immediately reconsider such ordinance or resolution and,
if the council does not entirely repeal the same, shall submit it to popular vote as provided in
seefien 9.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.
Sec. 9.15. Voluntary submission of legislation by the council.
The council, upon its own motion and by a majority vote of its members, 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, 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.
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Ordinance No. 1324-3-95
Sec. 9.16. 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"
Sec. 9.17. Publication of proposed and referred ordinances.
The city secretary of the City of Allen shall publish at least once in the official newspaper
of the city 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 in general municipal elections or by the ordinance or resolution calling
said election.
Sec. 9.18. 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 council.
Sec. 9.19. 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.
Sec. 9.20. Ordinances passed by popular vote, repeal or amendment.
No ordinance or resolution which may have been passed by the council upon a petition PROP .
or adopted by popular vote under the provisions of this article shall be repealed or amended 15
except by the council in response to a referendum petition or by submission as provided by
den 9. this charter.
3/13ros Miuon 34 AGG069AC
Ordinance No. 1324-3-95
Sec. 9.21. Further regulations by the council.
The council may pass ordinances or resolutions providing other and further regulations
for carrying out the provisions of this article consistent herewith.
Sec. 9.22. Franchise ordinances.
Nothing contained in this article shall be construed to be in conflict with any of the
provisions of this charter, pertaining to ordinances granting franchises when valuable rights shall
have accrued thereunder.
ARTICLE X. MISCELLANEOUS PROVISIONS
Sec. 10.01. No officer or employee to accept gift, etc.
No officer or employee of the City of Allen shall ever accept, directly or indirectly, any
gift, favor, or privilege during the term of office of such officer, or during such employment of
such employee, except as may be authorized by law or ordinance. Any officer or employee of
the city 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.
Sec. 10.02. Church and school property not exempt from special assessments.
No property of any kind, Ghufeh, sehee , - ether -wise in the City of Allen, Texas, shall, PROP -
except by law, be exempt from any of the special taxes and assessments authorized by this 13.
charter for local improvements.
Sec. 10.03. Council may require bonds.
In addition to any provisions contained herein, the council may require any city official,
department director, or city employee, before entering upon his -their duties, to execute a good and PROP .
sufficient bond with a surety company doing business in the State of Texas and approved by the No
council. 16
Sec. 10.04. Nepotism.
No person related within the second degree by affinity, or within the third degree by
consanguinity to the mayor, eeafteil, eity feanager, and appeinted staff level positions as set fWth PROP .
-- seetieft 3.08 -gr any member of the city council shall be appointed to any office, position, or 13
clerkship or other service of the city, except as allowed by state law.
3/13/M Edition 35 A00069AC
Ordinance No. 1324-3-95
Sec. 10.05. Personal interest; conflict of interest.
A. No officer or employee of the city shall have a financial interest, direct or indirect,
in any contract with the city, nor shall be financially interested, directly or indirectly, in the sale PROP .
to the city of any land, or rights or interest in any land, materials, supplies or service except on No.
behalf of the city as an officer or employee. 11
ownership mounts to less than efte (1) pereent of the eer-peffitieft 9. Any knowing violation
of this section shall constitute malfeasance in office, and any officer or employee of the city
found guilty thereof shall be subject to removal from such
office or position. Any violation of this section , of the
per -sons or eer-pomfien eentmeting with the eipt shall render the contract voidable
agerer-at the discretion of the city council.
B. No member of the City Council, the mayor, or any other officer, whether elected,
appointed, paid or unpaid, who exercises responsibilities beyond those that are advisory in PROP .
nature, shall participate in a vote or decision on a matter involving a business entity in which NO
11
such officer has a substantial interest if it is reasonably foreseeable that an action on the matter
would confer an economic benefit on the business entity. If the officer or a person related to the
officer within the second degree of affinity or consanguinity has a substantial interest in the
business entity that would be pecuniarily affected by an official action of the City Council, the
officer, if a member of the City Council, shall file an affidavit with the city secretary stating the
nature and extent of the interest and abstain from further participation in the matter. The terms
used in this section shall be as defined in Chapter 171, Local Government Code, as amended.
Sec. 10.06. Provisions relating to assignment, execution and garnishment.
The property, real and personal, belonging to the city shall not be liable to be sold or
appropriated under any writ or execution or cost bill. The funds belonging to the city, in the
hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or
sequestration; nor shall the city be liable to garnishment on account of any debt it may owe or
funds or property it may have on hand or owing to any person. Neither the city nor any of its
officers or agents shall be required to answer any such writ or garnishment on any account
whatever. The city shall not be obligated to recognize any assignment of wages or funds by its
employees, agents, or contractors.
Sec. 10.07. City not required to give security or execute bond.
It shall not be necessary in any action, suit or proceeding in which the City of Allen is
a party, for any bond, undertaking or security to be demanded or executed by or on behalf of said
city in any of the state courts, but in all such actions, suits, appeals, or proceeding same shall be
conducted in the same manner as if such bond, undertaking or security had been given as
required by law.
3/13M Edition 36 AGG069AC
Ordinance No. 1324-3-95
Sec. 10.08. Special provisions governing damage suits.
Before the city shall be liable to damage claim or suit for personal injury, or damage to
property, the person who is injured or whose property is damaged or someone in h6such person's
behalf shall give the city manager, or the person performing the duties of city secretary, notice
in writing within si60)dwyg six (6) months after the occurrence of the alleged injury, or
damage, stating specifically in such notice when, where, and how the injury or damage was
sustained, and setting forth the extent of the injury or damage as accurately as possible. No action
at law for damages shall be brought against the city for personal injury or damage to property
prior to the expiration of thirty (30) days after the notice hereinbefore described has been filed
with the city manager or the person performing the duties of city secretary, nor later than two
(2) years after the occurrence of the injury or damage to property. In case of injuries resulting
in death, before the city shall be liable in damages therefor, the person or persons claiming such
damages shall, after the death of the injured persons, give notice as above required in case of
personal injury. Provided, however, that nothing herein contained shall be construed to mean that
the City of Allen waives any rights, privileges, defenses or immunities in tort actions which are
provided under the common law, the constitution and general laws of the State of Texas.
Sec. 10.09. Disaster clause.
In case of disaster when a legal quorum of elected councilmewnembers cannot otherwise
be assembled due to multiple deaths or injuries, the surviving member or members of the elected
council, or highest surviving city 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 city election within
fifteen (15) days of such disaster for election of a required quorum, if for good reasons it is
known that a quorum of the present council will never again meet.
Sec. 10.10. When provisions ialie efLeetz.Reserted.
PROP.
Nos.
12 a
16
PROP.
No.
16
held in April, 1979, feF nefainating and eleefing membefs of the eetineil and the mayen For- all PROP.
other- pufpeses this ehar-ter- shall be in e&et ftfa and after- its appfeval by the eleetm ef the eity No.
15
the same adepwd.
Sec. 10.11. Right to amend the charter.
This charter may be amended no more than once every two (2) years as provided by the
laws of the State of Texas.
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Ordinance No. 1324-3-95
Sec. 10.12. Ordinances, rules, and regulations validated.
All ordinances, resolutions, rules and regulations of the City of Allen heretofore ordained,
passed, or enacted, that are in force at the time this charter becomes effective and which are not
in conflict with such charter, shall remain in force after such charter takes effect.
Sec. 10.13. Sepaverability clause.
If any section or part of this charter shall be held to be invalid by a court of competent
jurisdiction, such holding shall not affect the remainder of this charter nor the context in which PROP .
such section or part of section so held invalid may appear, except to the extent that an entire No .
section or part of section may be inseparably connected in meaning and in meaning and effect 16
with the section or part to which such holding shall directly apply.
Sec. 10.14. Reserved
of AHen. PROP.
No.
Sec. 10.15.number Reserved. 15
When the eentext so mquires, fhe masetiline gender ineludes the feminine, and the
PROP.
No.
Sec. 10.16 Rearrangement and renumbering. 15
The Council shall have the power, by ordinance, to renumber and rearrange all Articles,
Sections, and paragraphs of the Charter or any amendments thereto, as it shall deem PROP .
appropriate. No.
3/13/95 Edition 38 A0006BAC
Ordinance No. 1324-3-95
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance ;✓1324-3-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
Wednesday March 22, 1995
and which was issued on
March 22. 1995
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
0a ZYU- z �
SUBSCRIBED AND ORN to before me this
day_6, A.D. 19�
a
V. A. TODD
yf
MY COMMISSION EXPIRES
December 5, 1$9S NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 13 . 5 0
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
March 16, 1995 (Title only):
Ordinance No. 1324-3-95: An Ordi-
nance of the City of Allen, Collin County,
Texas, Ordering an Election on Proposed
Amendments to the Home Rule City Char-
ter of the City of Allen to be Held Concur-
rently with the Regular City Election on
May 6, 1995; Providing for the Publication
and and Posting of Notice; Proposing
Amendments to Home Rule City Charter of
the City of Allen; Providing for Early Voting;
Providing for the Appointment of Election
Judges and Clerks; and Providing an Ef-
fective Date.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Texas.,
75002-2773.
/s/ Judy Morrison
Ci tary