City of Murphy, Texas

As Prepared By the

CITY CHARTER COMMISSION

Originally Adopted February 7, 2004

Mayor David Trudeau

City Hall

Murphy, Texas 75094

Dear Mayor Trudeau:

Attached is the proposed Home Rule Charter for the City of Murphy. The Charter Commission, which was elected on the 3rd day of May, 2003, has completed its work and submits this Charter for approval by the voters. The Charter shall be submitted to the qualified voters of the City of Murphy for adoption or rejection at a City election, to be held on February 7, 2004, at which election if a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall then immediately become the Charter and governing law of the City of Murphy 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 City Secretary shall mail a copy of the Charter to each registered voter of the City of Murphy 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 City of Murphy, wish to express publicly our deep appreciation to you and the other officers and employees of the City and to the citizens of Murphy 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

Martin Brenner, Chairman	Barbara Harless, Vice-Chairman
Viola Hoffman, Secretary	Raymond A. Ash III
Deborah Alba	Melissa Schaeffer
Lynlee Forehand	Eric Hartman
Kristine Dalglish	Carla Jones
Robert Wynn	Eric Hemphill
Tricia Kanewske	Brian Nelson
Jon Lewis

 

HOME RULE CHARTER

FOR

THE CITY OF MURPHY, TEXAS

To be submitted to a vote of the people on February 7, 2004

TABLE OF CONTENTS

ARTICLE I         Form of Government and Boundaries

Sec. 1.01.................... Form of Government

Sec. 1.02.................... The Boundaries

Sec. 1.03.................... Extension and Reduction of Boundaries

ARTICLE II        Powers of the City

Sec. 2.01.................... General Powers of the City

Sec. 2.02.................... Public Improvements

Sec. 2.03.................... Eminent Domain

Sec. 2.04.................... Miscellaneous Powers

ARTICLE III      The City Council

Sec. 3.01.................... Composition

Sec. 3.02.................... Limitations on Terms

Sec. 3.03.................... Qualifications of City Council

Sec. 3.04.................... Compensation

Sec. 3.05.................... Mayor, Mayor Pro-Tem and Deputy Mayor Pro-Tem

Sec. 3.06.................... Vacancies, Forfeiture and Filling of Vacancies

Sec. 3.07.................... Powers of the City Council

Sec. 3.08.................... Prohibitions

Sec. 3.09.................... Meetings of the City Council

Sec. 3.10.................... Quorum

Sec. 3.11.................... Conflict of Interest

Sec. 3.12.................... Abstention

Sec. 3.13.................... Rules of Procedure

Sec. 3.14.................... Passage of Ordinances in General

Sec. 3.15.................... Emergency Ordinances

Sec. 3.16.................... Authentication, Recording, Codification, Printing and Distribution

Sec. 3.17.................... Investigations by the City Council

Sec. 3.18.................... Bond

ARTICLE IV       City Administration

Sec. 4.01.................... City Manager

Sec. 4.02.................... City Secretary

Sec. 4.03.................... Municipal Court

Sec. 4.04.................... City Attorney

Sec. 4.05.................... Administrative Departments, Offices and Agencies

Sec. 4.06.................... Personnel System

ARTICLE V        Nominations and Elections

Sec. 5.01.................... City Elections

Sec. 5.02.................... Filing for Office

Sec. 5.03.................... Official Ballots

Sec. 5.04.................... Official Results

Sec. 5.05.................... Taking of Office

ARTICLE VI       Recall, Initiative and Referendum

Sec. 6.01.................... Scope of Recall

Sec. 6.02.................... Petitions for Recall

Sec. 6.03.................... Form of Recall Petition

Sec. 6.04.................... Various Papers Constituting Petition

Sec. 6.05.................... Presentation of Petition to the City Council

Sec. 6.06.................... Public Hearing to be Held

Sec. 6.07.................... Calling of Recall Election

Sec. 6.08.................... Ballots in Recall Election

Sec. 6.09.................... Result of Recall Election

Sec. 6.10.................... Restrictions on Recall

Sec. 6.11.................... Failure of the City Council to Call a Recall Election

Sec. 6.12.................... General Power of Initiative and Referendum

Sec. 6.13.................... Initiative

Sec. 6.14.................... Referendum

Sec. 6.15.................... Voluntary Submission of Legislation by the City Council

Sec. 6.16.................... Form of Ballots

Sec. 6.17.................... Publication of Proposed and Referred Ordinances

Sec. 6.18.................... Adoption of Ordinances

Sec. 6.19.................... Inconsistent Ordinances

Sec. 6.20.................... Ordinances Passed by Popular Vote, Repeal or Amendment

Sec. 6.21.................... Further Regulations by the City Council

Sec. 6.22.................... Franchise Ordinances

Sec. 6.23.................... Failure of the City Council to Call an Initiative or Referendum Election 22

ARTICLE VII     Financial Procedures

Sec. 7.01.................... Fiscal Year

Sec. 7.02.................... Submission of Budget and Budget Message

Sec. 7.03.................... Budget Message

Sec. 7.04.................... Budget a Public Record

Sec. 7.05.................... Public Hearing on Budget

Sec. 7.06.................... Proceeding on Adoption of Budget

Sec. 7.07.................... Budget, Appropriation and Amount to be Raised by Taxation

Sec. 7.08.................... Contingent Appropriation

Sec. 7.09.................... Amending the Budget

Sec. 7.10.................... Certification; Copies Made Available

Sec. 7.11.................... Capital Program

Sec. 7.12.................... Defect Shall Not Invalidate the Tax Levy

Sec. 7.13.................... Lapse of Appropriations

Sec. 7.14.................... Borrowing

Sec. 7.15.................... Purchasing

Sec. 7.16.................... Administration of Budget

Sec. 7.17.................... Depository

Sec. 7.18.................... Independent Audit

Sec. 7.19.................... Power to Tax

Sec. 7.20.................... Office of Tax Collector

Sec. 7.21.................... Taxes; When Due and Payable

Sec. 7.22.................... Tax Liens, Liabilities and Suits

ARTICLE VIII    Boards and Commissions

Sec. 8.01.................... Authority, Composition and Procedures

ARTICLE IX       Planning & Zoning Commission

Sec. 9.01.................... Organization

Sec. 9.02.................... Duties and Powers

Sec. 9.03.................... Procedure

Sec. 9.04.................... The Comprehensive Plan: Procedure and Legal Effect

Sec. 9.05.................... Board of Adjustment

ARTICLE X        Utility and Public Service Franchises

Sec. 10.01.................. Authority

Sec. 10.02.................. Ordinance Granting Franchise

Sec. 10.03.................. Transfer of Franchise

Sec. 10.04.................. Franchise Value Not to be Allowed

Sec. 10.05.................. Right of Regulation

Sec. 10.06.................. Regulation of Rates

Sec. 10.07.................. Placement of Wires, Etc., Underground

ARTICLE XI       General Provisions

Sec. 11.01.................. Public Records

Sec. 11.02.................. Official Newspaper and Website

Sec. 11.03.................. Oaths

Sec. 11.04.................. Severability

Sec. 11.05.................. Wording Interpretation

Sec. 11.06.................. Amendment of Charter

Sec. 11.07.................. Charter Review Commission

Sec. 11.08.................. City Depository

Sec. 11.09.................. Licenses

ARTICLE XII     Legal Provisions

Sec. 12.01.................. Assignment, Execution and Garnishment

Sec. 12.02.................. Security and Bond

Sec. 12.03.................. Notice of Claim

Sec. 12.04.................. Power to Settle Claims

Sec. 12.05.................. Service of Process Against the City

Sec. 12.06.................. Judicial Notice

Sec. 12.07.................. Pending Matters

Sec. 12.08.................. Property Not Exempt from Special Assessments

Sec. 12.09.................. City Council May Require Bonds

Sec. 12.10.................. Disaster Clause

Sec. 12.11.................. No Waiver of Immunity

ARTICLE XIII    Transitional Provisions

Sec. 13.01.................. Effective Date

Sec. 13.02.................. Continuation of Elective Offices

Sec. 13.03.................. Continuation of Operation

Sec. 13.04.................. Officers and Employees

ARTICLE XIV    Nepotism, Prohibitions and Penalties

Sec. 14.01.................. Nepotism

Sec. 14.02.................. Equality of Rights

Sec. 14.03.................. Wrongful Influence

Sec. 14.04.................. Wrongful Interference

Sec. 14.05.................. Employee's Political Activities

Sec. 14.06.................. Penalties

Sec. 14.07.................. Conflict of Interest

Sec. 14.08.................. No Officer or Employee to Accept Gifts, Etc

HOME RULE CHARTER

FOR

THE CITY OF MURPHY, TEXAS

PREAMBLE

We, the citizens of Murphy, Texas, in order to establish a Home Rule municipal government, provide for the future progress of our City, obtain the full 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 City of Murphy, in Collin County, Texas, living within the legally established boundaries of the said City, to be a political subdivision of the State of Texas, incorporated forever under the name and style of the "City of Murphy" 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, state statutes, and by this Charter, all powers of the City shall be vested in an elected council, hereinafter referred to as the "City Council," which shall enact local legislation, adopt budgets, determine policies, and appoint City officials as noted in this Charter, including the City Manager, who in turn, shall be held responsible to the City Council for the execution of the laws and the administration of the government of the City.  All powers of the City shall be exercised in the manner prescribed by this Charter, or if the manner not be prescribed, then in such manner as may be prescribed by ordinance, the State Constitution or by state statutes.

SECTION 1.02   The Boundaries

The citizens of the City of Murphy, Collin 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 "City of Murphy," with such powers, privileges, rights, duties, authorities and immunities as are herein provided.  The City shall maintain an official map of its boundaries in accordance with state law.

SECTION 1.03   Extension and Reduction of Boundaries

The boundaries of the City may be enlarged and extended by the annexation of additional territory, or reduced by the disannexation of territory, irrespective of size and configuration, by the method hereinafter set forth:

(1)        The City Council shall have the power by ordinance to fix the boundary limits of the City, to exchange area with other municipalities, and to provide for the alteration and extension of said boundary limits and the annexation of additional territory lying adjacent to the City, with or without the consent of the inhabitants of the territory annexed, in any manner provided by state law.

(2)        When any additional territory has been so annexed, same shall be a part of the City and the property situated therein shall bear taxes levied by the City; and the citizens thereof shall be entitled to all the rights and privileges of the other citizens of said City and shall be bound by the acts, ordinances, resolutions and regulations of the City.

(3)        Whenever, in the opinion of the City Council, there exists within the corporate limits of the City any territory, either inhabited or uninhabited, not suitable or necessary for City purposes, or upon a petition signed by a majority of the qualified voters residing in said inhabited territory, the Council may, upon a public hearing and by ordinance duly passed, discontinue said territory as part of the City.  The City shall comply with all applicable procedural rules and notice requirements set forth in state law.
(Table of Contents)

ARTICLE II

Powers of the City

SECTION 2.01   General Powers of the City

The City shall have all powers and rights of self-government and home rule that exist now or may be granted to municipalities by the Constitution and laws of the State of Texas, together with all of the implied powers necessary to carry into execution such granted powers, unless such power or right is expressly prohibited or restricted by this Charter.

SECTION 2.02   Public Improvements

The City shall have the power to, among others, construct and maintain, within or without its corporate limits, streets, flood control and sanitary facilities, and 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 City shall have the power to collect attorney's fees for the collection of assessments 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 City.

SECTION 2.03   Eminent Domain

The City shall have the full power and right to exercise the power of eminent domain, within or without its corporate limits, 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 state law.  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.

SECTION 2.04   Miscellaneous Powers

The City shall have the power to, among others, establish, enact and maintain ordinances and promulgate regulations governing the use of lands within the City and to enforce by all lawful means these ordinances and regulations, within and without its corporate limits.  The City 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, enact and enforce ordinances and regulations concerning their use, construction and reconstruction.  The City 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 City shall have all powers granted by any section of this Charter, together with all of the implied powers necessary to carry into execution such granted powers.
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ARTICLE III

The City Council

SECTION 3.01   Composition

(1)        Following the approval of this Charter and until the May 2004 election, the City Council shall be composed of a Mayor and five Council Members.  Following the May 2004 election, the City Council shall be composed of a Mayor and six 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 City Council holding office at the time of passage of this Charter or any amendments to this Charter shall continue to hold their respective offices until the respective term for which they were elected expires.

(2)        There shall be held in the City on the third Saturday in May, 2004, and every three years thereafter, or on such other date or dates as may be prescribed by the laws of the State of Texas, a City election for City Council Places 1, 2, 4 and 6.  There shall be held in the City on the first Saturday in May, 2005, and every three years thereafter, or on such other date or dates as may be prescribed by the laws of the State of Texas, a City election for the Mayor and City Council Places 3 and 5.

SECTION 3.02   Limitations on Terms

This Charter does not restrict or place limitations on the number of terms any one person may serve.

SECTION 3.03   Qualifications of City Council

In addition to any other qualifications prescribed by law, the Mayor and each Council Member shall meet the qualifications set forth in Section 5.02 of this Charter while in office.

SECTION 3.04   Compensation

Compensation of the City Council shall be $50 per council meeting for which the council member is present.  The compensation of the Mayor shall be $75 per council meeting for which the Mayor is present.  For council meetings which the Mayor Pro-Tem or Deputy Mayor Pro-Tem acts as Mayor, that person shall receive $75.  The City Council shall also be entitled to reimbursement for actual expenses incurred in the performance of official duties with the approval of the City Council at a regular council meeting.

SECTION 3.05   Mayor, Mayor Pro-Tem and Deputy Mayor Pro-Tem

(1)        The Mayor shall preside at meetings of the City Council, and shall be recognized as head of the City government for all ceremonial purposes, and by the Governor for purposes of military law, but shall have no regular administrative duties.  The Mayor may participate in the discussion of all matters coming before the City Council.  The Mayor shall vote as a member thereof, on legislative or other matters, and shall have no power to veto.

(2)        The Mayor Pro-Tem shall be a Council Member elected by the City Council at the first meeting after each election in June.  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 City Council at the first meeting after each election in June.  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 office, or removal from office, by any manner authorized by law.

(2)        If any Member of the City Council is absent from three (3) consecutive regular meetings, without explanation acceptable to a majority of the remaining Council Members, his or her office shall be declared vacant, by resolution, at the next regular meeting of the City Council.  The City Council shall convene a public hearing before exercising its authority under this provision, and permit the Council Member facing expulsion to give reasons in justification for his absences.[j1] 

(3)        Any person on the City Council who:

            (A)       ceases to possess the required qualifications for office, or

            (B)       is convicted of a felony, or of a misdemeanor involving moral turpitude,

            (C)       is convicted of violating any state laws regulating conflicts of interest of   municipal officers, or

            (D)       is in violation of any part of Article 14 of this Charter,

            shall forfeit his or her office. Every forfeiture shall be declared and enforced by   the City 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 City 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 City Council

All powers of the City and the determination of all matters of policy shall be vested in the City Council.  Except where in conflict with and otherwise expressly provided by this Charter, the City Council shall have all powers authorized to be exercised by the Constitution and laws of the United States and the State of Texas.  Without limitation of the foregoing and among the other powers that may be exercised by the City Council, the following are hereby enumerated for greater certainty:

(1)        Appoint and remove the City Manager;

(2)        Appoint and remove the Municipal Judge(s) of the Municipal Court;

(3)        Appoint and remove the City Attorney;

(4)        Appoint and remove the City Secretary;

(5)        Establish administrative departments;

(6)        Adopt the budget of the City;

(7)        Collectively inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs;

(8)        Provide for a Planning and Zoning Commission, 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 City ordinance or by law;

(9)        Adopt and modify the official map of the City;

(10)      Adopt, modify and carry out plans in cooperation with the Planning and Zoning Commission for the planning, improvement and redevelopment of specific areas of the City;

(11)      Adopt, modify and carry out plans in cooperation with the Planning and Zoning Commission for the planning, 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 City;

(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 dilapidated buildings, dangerous structures, dangerous buildings or buildings determined to increase the risk of fire hazard, and provide for the manner of their removal or destruction;

(14)      Fix and regulate rates and charges of all utilities and public services;

(15)      Approve plats, unless the City Council votes to vest this authority exclusively in the Planning and Zoning Commission; and

(16)      Make inquiries of department heads regarding items and issues before the Council in preparation for council meetings.

SECTION 3.08   Prohibitions

(1)        Except where authorized by law or by this Charter, no Mayor or Council Member shall hold any other City office or City employment during his or her term as Mayor or Council Member.  No former Mayor or Council Member shall hold any compensated appointive office or City employment until one (1) year after the expiration of the term for which they were elected or appointed to the City Council.

(2)        Members of the City Council shall not in any way dictate the appointment or removal of the City administrative officers or employees appointed by the City Manager or any of the City Manager’s subordinates. The City Council, at a meeting called for that purpose, may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees.

(3)        Except for the purpose of inquiries and investigations as provided by this Charter, the City Council shall interact with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager.  The City 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 City Council

(1)        The City Council shall hold at least two (2) meetings each month and as many additional meetings as it deems necessary to transact the business of the City.  The City Council may set the date and time of the meetings by ordinance.

(2)        Special meetings of the City Council shall be called by the City Secretary upon request of the Mayor or three (3) Council Members.  Special meetings shall be held and notice given in accordance with state law.

(3)        Except as provided by state law, all City Council meetings shall be open to the public and shall be held and notice given in accordance with state law.

SECTION 3.10   Quorum

Four (4) members of the City Council shall constitute a quorum for the purpose of transaction of business.  No action of the City Council, except as specifically provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of a majority of the City Council present and qualified to act.

SECTION 3.11   Conflict of Interest

Should any person on the City Council have a conflict of interest, pursuant to any state laws and/or City ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the City Council, he or she shall disclose such interest to the other members of the City Council, and he or she is thereby prohibited from discussing or voting on the item.

SECTION 3.12   Abstention

Should any person on the City Council choose to abstain from voting on any question before the City Council, where no conflict of interest exists, the person’s vote shall have the same effect as a negative vote.

SECTION 3.13   Rules of Procedure

The City Council shall determine its own rules of order and business.  The City Council shall provide that the citizens of the City shall have a reasonable opportunity to clearly hear and be heard at public hearings with regard to specific matters under consideration.  In addition, the Council will provide reasonable opportunity for citizens’ petitions not on the agenda.  The City 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 City Secretary.

SECTION 3.14   Passage of Ordinances in General

(1)        The City Council shall legislate by ordinance only, and the enacting clause of every ordinance shall read “Be it ordained by the City Council of the City of Murphy, Texas . . .”.  Each proposed ordinance shall be introduced in the written or printed form required for adoption.  All ordinances shall contain a title or caption that fairly and accurately identifies the subject(s) addressed in the ordinance.  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 City Council.  Copies of the proposed ordinance, in the form required for adoption, shall be available at the City offices and shall be furnished to citizens upon request to the City Secretary from and after the date on which such proposed ordinance is posted as an agenda item for a City Council meeting and, if amended, shall be available and furnished in amended form for as long as the proposed ordinance is before the City Council.

(2)        Every ordinance shall become effective upon adoption or at any later time(s) specified in the ordinance, except that every penal ordinance imposing any penalty, fine or forfeiture shall become effective only after having the descriptive title or caption of the same published at least one time after final passage in a newspaper designated as the official newspaper of the City.

(3)        If a majority of the City Council present at a council meeting request that the ordinance title and caption or its entirety be read, it must be read.

SECTION 3.15   Emergency Ordinances

(1)        The City 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 City Council meeting and can be adopted with or without amendment or rejected at the meeting at which it is introduced.

(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 (61st) 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 City Council shall be authenticated by seal and signature of the person performing the duties of the City Secretary and numbered consecutively as adopted.  They shall be properly indexed and placed in a book kept open for public inspection.

(2)        The City Council may maintain the codification of ordinances of the City.  This codification shall be known and cited as “The Murphy City Code” and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper.  The caption, descriptive clause and other formal parts of the ordinances of the City may be omitted without affecting the validity of such ordinances when 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 City at large.  Copies of the code shall be furnished to City Officers, placed in City offices and made available for purchase by the public at a reasonable price to be determined by the City Council, not to exceed the costs permitted by state law.

(3)        The City Council shall cause all ordinances and amendments to this Charter to be printed promptly following their adoption.  A copy of each ordinance and Charter amendment shall be placed in appropriate City offices for public reference.  Printed ordinances and Charter amendments shall be sold to the public at a reasonable price to be determined by the City Council, not to exceed the costs permitted by state law.

SECTION 3.17   Investigations by the City Council

The City Council, by an affirmative vote of at least four members of the City Council, shall have the power to inquire into the official conduct of any department, agency, office, officer or employee of the City.  For that purpose, the City 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 City Council shall provide by ordinance the 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 City Council shall require bonds of all municipal officers and employees who receive or pay out any monies of the City.  The amount of the bonds shall be determined by the City Council and the cost shall be borne by the City.
(Table of Contents)

ARTICLE IV

City Administration

SECTION 4.01   City Manager

(1)        The City Council shall appoint, upon the affirmative vote of a majority of the full membership of the City Council, a City Manager who shall serve as Chief Administrative Officer of the City.  The City Manager shall be responsible to the City Council for administration of all the affairs of the City, with only those exceptions that are named in this Charter.  The City Manager shall be appointed solely upon the City Manager’s executive, administrative and educational qualifications, and shall have previous city manager or assistant city manager experience and/or a degree in a field related to city government.  The City Manager need not be a resident of the City when appointed, but shall within a reasonable time after such appointment reside within the City during the balance of the tenure of his or her appointment.

(2)        The City Council shall fix the compensation of the City Manager and the City Manager’s compensation may be amended, from time to time, in accordance with the City Manager’s experience, qualifications and performance.

(3)        The City Manager shall be appointed for an indefinite term and may be removed or suspended, with or without cause (subject to any contractual arrangements that may exist between the City and the City Manager), at the discretion of the City Council by the affirmative vote of a majority of the full membership of the City Council.  Upon a decision to remove the City Manager, written notice of such decision shall be immediately furnished to him and the City Council may then suspend or remove him or her from duty.

(4)        In case of the absence, disability or suspension of the City Manager, the City Council may designate a temporary qualified administrative officer of the City to perform the duties of the office.

(5)        The City Manager shall:

(A)       Appoint, suspend and remove all City 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 City, except as otherwise provided by law or this Charter;

(C)       See that all state laws and city ordinances are effectively enforced;

(D)       Attend all City Council meetings with the right to take part in discussion, but the City Manager shall not vote;

(E)       Prepare and accept, or designate an appropriate department head or City employee to prepare and accept, items for inclusion in the official agenda of all City Council meetings and meetings of all boards and commissions;

(F)       Prepare and recommend to the City Council the annual budget and capital program, and administer the budget as adopted by the City Council;

(G)       Keep the City Council fully advised and informed at least quarterly, or at the request of City Council, as to the financial conditions and future needs of the City, and make such recommendations concerning the affairs of the City, as the City Manager or the City Council deems desirable or necessary;

(H)       Make reports as the City Manager or the City Council may require concerning the operations of the City departments, offices or agencies subject to the City Manager’s direction or supervision; and

(I)        Perform such other duties as are specified in this Charter or may be required by the City Council, and are consistent with this Charter and state or federal law.

SECTION 4.02   City Secretary

(1)        The City Council shall appoint or remove, with or without cause, the City Secretary, upon the affirmative vote of a majority of the full membership of the City Council.

(2)        The City Council shall fix the compensation of the City Secretary, and the City Secretary’s compensation may be amended, from time to time, in accordance with the City Secretary’s experience, qualifications and performance.

(3)        The City Secretary shall:

(A)       Give notice of all official public meetings of the City Council in a manner consistent with this Charter and state laws;

(B)       Attend all public meetings and hearings of the City Council;

(C)       Keep the minutes of the proceedings of all public official meetings and hearings of the City Council in a manner prescribed by the City Council consistent with applicable law;

(D)       Act as custodian of all official records of the City Council;

(E)       Hold and maintain the seal of the City and affix this seal to all appropriate documents;

(F)       Authenticate by signature and seal and record all ordinances, resolutions and proclamations of the City; and

(G)       Perform such other duties as may be required by the City Council consistent with this Charter and the laws of the State of Texas.

(4)        In case of the absence, disability or suspension of the City Secretary, the City Council may designate a temporary qualified employee of the City to perform the duties of the office.

SECTION 4.03   Municipal Court

(1)        The City Council shall establish and cause to be maintained a Municipal Court.  The Court shall have all the powers and duties as may be prescribed by state law.

(2)        The City Council shall appoint by the affirmative vote of a majority of the full membership of the City Council such Municipal Judge(s) and Alternate Municipal Judge(s) of the Municipal Court as may be necessary, all of whom shall be competent, duly qualified attorneys licensed and practicing for at least two (2) years in the State of Texas.  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, with or without cause, at any time by the affirmative vote of a majority of the full membership of the City Council.  The Municipal Judge(s) shall receive compensation as may be determined by the City 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 City 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 City Treasury for the use and benefit of the City, as may be consistent with present and future laws.

SECTION 4.04   City Attorney

(1)        The City Council shall appoint by the affirmative vote of a majority of the full membership of the City Council a competent, duly qualified licensed and practicing attorney in the State of Texas who shall serve as the City Attorney.

(2)        The City Attorney shall:

(A)       Serve as the legal advisor to the City Council and City Manager;

(B)       Represent the City in litigation and legal proceedings as directed by the City Council and the City Manager; and

(C)       Review and provide opinions as requested by the City Council or City Manager on contracts, legal instruments, ordinances of the City and other City business.

(3)        The City Council shall have the right to retain special counsel at any time that it may deem necessary and appropriate.

(4)        The City Attorney and Special Counsel shall receive compensation as may be determined by the City Council.

(5)        The City Attorney, with approval of the City Council, may select additional attorneys to act for him and the City in its representation and/or litigation.

(6)        The City Attorney may be removed, with or without cause, by the affirmative vote of a majority of the full membership of the City Council.

SECTION 4.05   Administrative Departments, Offices and Agencies

(1)        The City Council may, after hearing recommendations of the City 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 City shall be under the direction and supervision of the City Manager and shall be administered by officers appointed by and subject to the direction and supervision of the City Manager.  The City Manager may, with the consent of the City Council, serve as the head of one (1) or more City departments, offices or agencies or appoint one (1) person as head of two (2) or more of them.

(3)        The City Manager may appoint a City Tax Collector, whose duties and functions shall be those usual to the office and consistent with existing or future laws of the State of Texas as they may apply to City or County tax collectors.  The City Manager may recommend that the City Council enter into an outside contract for such services.

SECTION 4.06   Personnel System

(1)        Personnel rules shall be prepared by the City Manager and presented to the City Council, who may adopt them by ordinance, with or without amendment.  The adopted rules shall establish the City as an Equal Opportunity Employer and shall govern the equitable administration of the personnel system of the City.  Thereafter, the City Manager shall have the power to recommend additions to, modifications of, or deletions from, such rules to the City Council in the same manner used for the adoption of the original rules.

(2)        The adopted rules shall provide for the following requirements:

(A)       A compensation plan for all City employment positions;

(B)       A plan for working hours, attendance policy and regulation and provision for sick and vacation leave;

(C)       Procedures for the hearing and adjudication of grievances;

(D)       Additional practices and procedures necessary to the beneficial and equitable administration of the City's personnel system;

(E)       A plan for annual oral and written evaluation based on a job description for all City employees by their immediate supervisor, including evaluation of the City Manager, City Secretary, Municipal Judge and City Attorney by the City Council; and

(F)       A clear and concise statement that all City employees are at-will employees.
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ARTICLE V

Nominations and Elections

SECTION 5.01   City Elections

(1)        All City elections shall be conducted in accordance with the Texas Election Code.

(2)        The regular City election shall be held annually on the first Saturday in May or such other date as required by the Texas Election Code.  The City Council shall be responsible for specification of places for holding such elections.

(3)        The City Council may by resolution or ordinance order a special election for purposes consistent with this Charter and laws of the State of Texas.  The City 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 City 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 City and made available on the official City website.

SECTION 5.02   Filing for Office

(1)        Candidates for elective City offices shall file for office in accordance with the Texas Election Code.

(2)        Candidates for elective City offices shall meet the following qualifications:

(A)       Shall be at least twenty-one (21) years of age at the time of the election for which they are filing;

(B)       Shall be a qualified voter; and

(C)       Shall have resided within the corporate limits of the City, or recently annexed territory, for at least twelve months immediately preceding election day.

(3)        No candidate for elective City office may file in a single election for more than one (1) office or position as provided by this Charter.

(4)        No employee of the City shall continue in any City employee position after filing for an elective office provided for in this Charter.

(5)        Candidates for elective City offices shall comply with all other City 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, and who are authorized to have their names removed from the ballot consistent with state law, 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 City 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 City shall be presented for voting by ballot title.  The ballot title of a measure may be different from its legal title and shall be a clear, concise statement, approved by the City Council, describing 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 City 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 be voted for again.

(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 City Secretary and the Mayor at City Hall as soon as possible after the closing of the polls.  Election returns, general and special, shall be presented to the City Council at their next meeting following the election, at which time the City 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 City Council shall be inducted into office at the first regular City Council meeting following the election.

(2)        At such meeting the oath of office shall be administered in accordance with state law.
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ARTICLE VI

Recall, Initiative and Referendum