CITY OF MESQUITE

FORM OF GOVERNMENT

TABLE OF CONTENTS

Page Number

History .................................................................................................................................1 District Map ........................................................................................................................2 Council-Manager Form of Government ..........................................................................3 Role of the City Council ....................................................................................................4 City Council-Appointed Positions ....................................................................................5 Boards Organizational Chart ...........................................................................................6 Boards and Commissions Descriptions ............................................................................7 Role of the City Manager ................................................................................................11 City Organizational Chart ..............................................................................................12 City Council Meetings .....................................................................................................13 City Council Agenda ........................................................................................................14 City Charter .....................................................................................................................16

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HISTORY On May 22, 1873 at 10:00 a.m., the first plat of the Townsite of Mesquite was filed for record at the Dallas County Courthouse. This was done by A.R. Alcott, engineer in charge of town depots for the Texas & Pacific Railway Company. The Railway had acquired approximately one square mile of acreage, filed a plat of the “Townsite of Mesquite,” built a depot and offered business and residential lots for sale. During the early 1870’s, Mesquite consisted of a post office, railroad depot, a confectionery, saloon, blacksmith shop, gin and four dwellings. Although the Town was established in 1873, it remained unincorporated until December 3, 1887 when an election was held and 25 votes cast in favor of incorporating “said Town of Mesquite” and 14 votes cast against it. Mesquite was the second town in the County outside of Dallas to incorporate. Officers were appointed at the time of incorporation to serve until a regular election could be held in April 1888. Among the first officials of Mesquite were: J.E. Russell, Mayor; W.H. Parker, Town Marshal; and T.L. Paschall, R.S. Kimbrough, Sr., J.C. Rugel, G.B. Gross and J.D. Brunner, Aldermen. The first U.S. Census of 1890 showed a population of 135 in Mesquite. In 1903, a petition consisting of 29 names was presented to the County Judge calling for an election to abolish the corporation of the Town of Mesquite. An election was held on March 23, 1903, the petition passed and Mesquite’s township was abolished. Less than two months later, on May 6, 1903, a petition was presented for another election seeking to incorporate Mesquite under new boundaries for municipal purposes. The election, held May 20, 1903, carried by a 50-1 margin and “Mesquite, Texas” was duly incorporated. The official plat of the City of Mesquite was filed on June 8, 1922. In 1909, an ordinance was passed allowing the Mayor and Aldermen to receive as compensation for attending a Council meeting, the sum of 50 cents for each meeting of the City Council attended, and if one of the Aldermen or the Mayor was absent, he was fined the sum of 50 cents in addition to forfeiting his pay. The first City Hall came into existence in 1935 when the Council authorized the purchase of the O.W. Britain building located on the south side of Main Street just west of Galloway Avenue. By 1950, Mesquite was less than one square mile in size and its population was 1,696. However, Mesquite soon began to experience the Post-WWII boom in the suburban growth. On August 22, 1953, voters approved and adopted a Home Rule Charter establishing the Council-Manager form of government in Mesquite. C.J. Griggs was appointed as the first City Manager. By 1960, the City Council had grown to six Councilmembers and a Mayor, Council districts were established and staggered terms for the Mayor and Council were adopted.

City Council Districts

Per Ordinance No. 4533 dated January 2, 2018

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COUNCIL-MANAGER FORM OF GOVERNMENT

The Council-Manager form of government is the most popular form of local government in communities with populations greater than 5,000. Approximately 89 percent of the 351 home rule cities in the State of Texas operate under the Council-Manager form of government. The major attraction of the Council-Manager form of government is its unique combination of strong political leadership in an elected body and the administrative expertise in a professional manager. Power is concentrated in an elected City Council, the legislative arm of municipal government, which in turn hires a professional administrator to implement Council policies. The City Manager serves at the pleasure of the Council and is the chief executive officer of the City and policy advisor to the Council. The Council-Manager plan was introduced in order to secure managerial expertise through the appointment of a chief executive. The Manager devotes attention to the daily operations of the City, thus enabling the Council to devote more time to policy issues. According to the International City/County Management Association (ICMA) and the Texas City Management Association (TCMA), cities are required to meet the following criteria in order to be officially recognized as operating under the Council-Manager plan:

• The power to appoint and dismiss the City Manager must rest exclusively with the City Council. The authority to hire and fire the City Manager cannot be exercised by a vote of the electorate or by an independent citizen board or other entity.

• Although the Council approved the City budget, the authority to prepare and execute the

budget must be vested solely in the Manager. Department heads and other subordinates must be explicitly prohibited from bypassing the City Manager and submitting their budgets directly to the Council. Since the City Manager is accountable for the sound administration of the City’s financial operations, it follows that he/she needs to possess the powers necessary to do the job properly.

• The Manager must have the right, on his/her own initiative, to appoint and remove the

heads of City departments. This precludes departments or other operating agencies of the City from reporting directly to the Council, and assumes that the Council will hold the Manager, rather than his/her subordinates, accountable for the performance of City personnel. In some cases, however, certain employees such as the City Attorney, City Secretary or Municipal Judge, are directly supervised by the Council rather than the City Manager. In all other instances, Councilmembers should refrain from giving direction, orders or instructions to general City employees and instead should submit such requests directly to the City Manager, Deputy City Manager or Assistant City Manager. (Charter, Art. IV, Sec. 14(e)(2))

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ROLE OF THE CITY COUNCIL The City Council is the governing and lawmaking body of Mesquite. Under the Council-Manager form of government, the Council is the final authority on all of the many policy decisions that determine the scope and functions of City government. This lawmaking authority is granted to the Council by state law and the City Charter. A home rule charter allows the Council to govern in all areas unless state law specifically prohibits it. The basic role of the Council is to determine policies or courses of action the City may take. In other words, the City Council decides what should be done; the City Manager then decides how to implement the policies of the Council. This relationship insures accountability for both the City Manager and Council; the City Manager is accountable to the Council for how well policies are implemented and the Council is held accountable to the voters for what policies the City may enact. As mentioned before, the power to appoint and remove the City Manager lies with the Council. Other Council-appointed positions in Mesquite include the City Attorney, City Secretary, Municipal Judge and Independent Auditor as well as various positions on City boards and commissions. As you know, being a Councilmember means being responsive to your constituents. Councilmembers are often confronted with inquiries and complaints from constituents. A majority of these complaints concern problems with services or enforcement of ordinances. Providing an immediate response to all complaints and inquiries is the goal of both the Council and staff. In the event you should received a citizen inquiry or complaint regarding City operations, please do not hesitate to contact the City Manager’s office with as much detailed information as possible (i.e., nature of the problem, location, names, addresses, etc.). The City Manager or a member of the Manager’s staff will gladly research the issue or complaint and make every effort to resolve it to the best of their ability. By contacting the City Manager’s office, the City of Mesquite will have one central clearinghouse for all citizen complaints, thereby eliminating overlap and facilitating evaluation of City services.

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CITY COUNCIL-APPOINTED POSITIONS

The City Council consists of the Mayor and six councilmembers. Council members serve two-year terms and are responsible for appointing the City Health Officer, Independent Auditor, Municipal Judge, City Manager, City Attorney, City Secretary and members of various Boards and Commissions. The Mayor and Councilmembers are elected at large. However, four Council positions have residency requirements. Listed below are the Council-appointed positions and their primary functions. The City Charter mandates that the City Council appoints a competent public accountant to audit the books and accounts of the City on an annual basis. The Municipal Judge is responsible for presiding over the municipal court as created and defined by the City Charter. Jurisdiction is limited to the territorial limits of the City for all criminal cases arising under the ordinances of the City. The City Manager serves as the administrative head of the municipal government and shall be responsible for the efficient administration of all departments. The Manager is also charged with seeing that all laws and ordinances of the City are enforced. The City Attorney is responsible for furnishing legal advice to City officials and personnel; represents the City in suits, litigations and hearings, prepares ordinances, resolutions, contracts and all other legal instruments, and prosecutes cases involving infractions of City ordinances and state law heard in Municipal Court. The City Secretary is charged with keeping accurate minutes of City Council meetings and preserving all books, papers, documents, records and files of the Council. Custody of the seal of the City rests with the City Secretary. The City has 29 boards and commissions which serve in advisory capacities to the City Council. A complete listing of these Boards and Commissions, along with their functions, may be found on the next four pages.

City Council

Independent Auditor

Municipal Judge

City Manager

City Attorney

City Secretary

Boards and Commissions

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City Council

Boards & Commissions

Animal Control Advisory Committee

Automated Traffic Signal Enforcement Advisory Committee

Board of Adjustment Building Standards Board

Capital Improvements Advisory Committee

City Planning & Zoning Commission

Civil Service/Trial Board Falcon’s Lair TIRZ Board

Gus Thomasson TIRZ Board

Historic Mesquite, Inc.

Keep Mesquite Beautiful, Inc.

Lucas Farms TIRZ Board

Mesquite Health Facilities Development Corporation

Mesquite Housing Board

Mesquite Housing Finance Corporation

Mesquite Industrial Development Corporation

Mesquite Quality of Life Corporation

Mesquite Veterans’ Affairs & Memorial Advisory Board

Municipal Library Advisory Board

North Texas Municipal Water District

Parks & Recreation Advisory Board

Ridge Ranch TIRZ Board

Skyline TIRZ Board

Rodeo City TIRZ Board

Towne Centre TIRZ Board

Town East/Skyline TIRZ Board

Tree Board

Heartland Town Center TIRZ Board

Polo Ridge TIRZ Board

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Boards and Commissions

The City of Mesquite has 26 boards and commissions that serve in advisory capacities relating to various areas of local government control. The City Council is responsible for appointing members to the various boards and commissions. All members of boards and commissions serve without compensation.

1. Animal Control Advisory Board – A five-member advisory committee which shall review operations of the City animal shelter, provide guidance to the Animal Control Division in complying with all provisions of the Health and Safety Code, and perform such other duties as may be assigned by the City Council.

2. Automated Traffic Signal Enforcement Advisory Committee – A seven-member advisory committee which shall advise the local authority on the installation and operation of a photographic traffic signal enforcement system.

3. Board of Adjustment – A five-member board empowered to make exceptions to zoning ordinances in accordance with general or special rules contained in the ordinance for the purpose of rendering full justice and equity to the general public.

4. Building Standards Board – A seven-member board empowered to hear appeals from decisions of the Building Official or Fire Code Official in his/her interpretation and application of the technical provisions of the building, electrical, plumbing, mechanical, fuel gas, fire and property maintenance codes for both residential and commercial construction.

5. Capital Improvements Advisory Committee – A nine-member committee that is composed of the members of the Planning and Zoning Commission along with two additional members appointed by a majority vote of the City Council. One member is a representative of the real estate, development or building industry and one member is a representative of the City’s extraterritorial jurisdiction. Its primary task is to advise and assist the City in adopting land use assumptions and review the capital improvements. The committee also provides impact fee advisory services as directed by the City Council.

6. Planning and Zoning Commission – A seven-member commission that acts in an advisory capacity and is responsible to the City Council on matters pertaining to planning for the physical development of the City. Its primary concern is subdivisions and zoning regulations.

7. Civil Service Commission and Trial (Personnel) Board – A three-member commission which provides for the administration of the Civil Service Program.

8. Falcon’s Lair TIRZ Board – The Falcon’s Lair Tax Increment Finance District Board of Directors, established under the provisions of the Tax Increment Financing Act, consists of seven members, acts in an advisory or study capacity to promote the development or redevelopment of a certain contiguous geographic area (the Falcon’s Lair area) and shall exercise only those powers, advisory in nature, which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council.

9. Gus Thomasson TIRZ Board – The Gus Thomasson Tax Increment Finance District Board of Directors, established under the provisions of the Tax Increment Financing Act, consists of seven members, acts in an advisory or study capacity to promote the development or redevelopment of a

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certain contiguous geographic area (the North Gus Thomasson area) and shall exercise only those powers, advisory in nature, which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council.

10. Heartland Town Center TIRZ Board – The Heartland Tax Increment Finance District Board of Directors, established under the provisions of the Tax Increment Financing Act, consists of seven members, makes recommendations to the City Council concerning the administration, management and operation of the Zone (Heartland Town Center).

11. Historic Mesquite, Inc. – An 18-member board (nine appointed by City Council) to provide leadership to search records and build on the past to preserve the history of the community; to encourage other organizations to be historically minded for the common goal of preservation; to be a resource for the education of future generations as well as those in the community; to identify areas and places of historical significance; to develop and maintain a historical museum and visitors’ center; to preserve and accumulate local history, including sites, artifacts, genealogy data and all items pertaining to all periods of local history; to determine ways and means to accomplish these goals, including total community involvement; and to develop a long-range plan for preservation of Mesquite’s heritage.

12. Keep Mesquite Beautiful, Inc. – A 20-member board (seven appointed by City Council) devoted to the implementation and maintenance of the Keep America Beautiful system via sustained litter reduction, public awareness and educational programs, enhancement of environmental quality and conservation of resources through recycling.

13. Lucas Farms TIRZ Board – The Lucas Farms Tax Increment Finance District Board of Directors, established under the provisions of the Tax Increment Financing Act, consists of seven members, acts in an advisory or study capacity to promote the development or redevelopment of a certain contiguous geographic area (the Lucas Farms area) and shall exercise only those powers advisory in nature, which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council.

14. Mesquite Health Facilities Development Corporation – A seven-member nonprofit corporation established under the provisions of the Health Facilities Development Act in order to provide tax-exempt financing to acquire, construct or improve health facilities to assist the maintenance of the public health.

15. Mesquite Housing Board – A five-member board created to hear appeals as they relate to eligibility for participation in the Housing Assistance Payments Program. The functions of this board relate solely to the Section 8 Housing Assistance Payments Program for existing housing and the rehabilitation of owner-occupied housing.

16. Mesquite Housing Finance Corporation – A seven-member board which serves as the Board of Directors under the provisions of the Housing Finance Corporation Act of 1979 in order to provide a means of financing the cost of residential ownership and development that will provide decent, safe and sanitary housing at affordable prices for residents of the City of Mesquite.

17. Mesquite Industrial Development Corporation – A three-member board established under the provisions of the Texas Development Corporation Act of 1979 in order to provide financing for industrial projects through the sale of tax-exempt bonds.

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18. Mesquite Quality of Life Corporation – A seven-member nonprofit corporation governed by the Texas Development Corporation Act of 1979, Vernon’s Annotated Civil Statutes, Article 5190.6, Section 4B as amended. The Corporation shall develop an annual plan of work which shall be presented to the City Council for review, revision and approval. The Plan shall be limited to projects approved by voters of the City of Mesquite, which include 1) Transportation, 2) Public Safety and 3) Public Parks and Recreation.

19. Mesquite Veterans’ Affairs & Memorial Advisory Board – An eight-member board that acts in a advisory capacity to the City Council in all matters pertaining to City-supported memorials and serving as a liaison for veterans’ agencies.

20. Municipal Library Advisory Board – A seven-member board that acts in an advisory capacity and is responsible to the City Council on matters pertaining to the Library as related to present and future maintenance, operation, planning, acquisition, development, enlargement and use policies of the City library services.

21. North Texas Municipal Water District Board of Directors – Two representatives from the City of Mesquite serve on the Board of Directors of the North Texas Municipal Water District. The Board is authorized to do all things necessary to make water available from Lavon Dam and the Trinity East Fork Dam for municipal and industrial uses.

22. Parks and Recreation Advisory Board – A seven-member board to serve in an advisory capacity to the City Staff and City Council in all matters pertaining to Parks and Recreation, including the Municipal Golf Course.

23. Polo Ridge TIRZ Board – The Polo Ridge Tax Increment Finance District Board of Directors, established under the provisions of the Tax Increment Financing Act, consists of seven members, makes recommendations to the City Council concerning the administration, management and operation of the Zone.

24. Ridge Ranch TIRZ Board – The Ridge Ranch Tax Increment Finance District Board of Directors, established under the provisions of the Tax Increment Financing Act, consists of seven members, acts in an advisory or study capacity to promote the development or redevelopment of a certain contiguous geographic area (the Ridge Ranch area) and shall exercise only those powers, advisory in nature, which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council.

25. Rodeo City TIRZ Board – The Rodeo City Tax Increment Finance District Board of Directors, established under the provisions of the Tax Increment Financing Act, consists of seven members, acts in an advisory or study capacity to promote the development or redevelopment of a certain contiguous geographic area (the Rodeo City area) and shall exercise only those powers, advisory in nature, which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council.

26. Skyline TIRZ Board – The Skyline Tax Increment Finance District Board of Directors, established under the provisions of the Tax Increment Financing Act, consists of seven members, acts in an advisory or study capacity to promote the development or redevelopment of a certain contiguous geographic area (the Skyline logistics HUB area) and shall exercise only those powers, advisory in nature, which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council.

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27. Town East/Skyline TIRZ Board – The Town East/Skyline Tax Increment Finance District Board of Directors, established under the provisions of the Tax Increment Financing Act, consists of seven members, acts in an advisory or study capacity to promote the development or redevelopment of a certain contiguous geographic area (Skyline, Town East, Peachtree area) and shall exercise only those powers, advisory in nature, which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council.

28. Towne Centre TIRZ Board – The Town Centre Tax Increment Finance District Board of Directors, established under the provisions of the Tax Increment Financing Act, consists of seven members, acts in an advisory or study capacity to promote the development or redevelopment of a certain contiguous geographic area (the Towne Centre area) and shall exercise only those powers, advisory in nature, which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council.

29. Tree Board – A seven-member board whose duties shall be to study the needs of the City in connection with its tree planting program and to make recommendations, advise, and assist the Municipal Arborist in the promotion and implementation of the City’s tree planting program.

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ROLE OF THE CITY MANAGER The City Manager’s primary role is to implement the policies and ordinances established by the Council and manage the day-to-day operations of the City in the best interest of the community. The Manager is the chief administrative officer of the City and oversees the delivery of services to the community. He/she is aware of the needs of the community and responds to the citizens and Council in a fair and impartial manner. The Manager reports on operations of the City, makes policy recommendations to the Council and advises the Council on matters under their consideration. More specific duties include, but are not limited to:

• Enforcing all ordinances, rules and regulations. • Supervising all municipal employees and programs provided by the City. • Preparing the annual budget according to plans adopted by the Council. • Managing the City’s funds and preparing periodic reports which advise the Council and

the public of the City’s financial condition. • Advising the Council with balanced information to facilitate its ability to make informed

decisions. • Preparing Council agendas and attending all Council meetings as a resource for the

Council and public. • Directing the Council’s attention to community needs and proposing alternatives for the

Council to respond to those needs. • Informing citizen groups and individual citizens about City programs and operations.

City of Mesquite, Texas – Organizational Chart October 1, 2016

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Citizens of Mesquite

City Council

Independent AuditorMunicipal JudgeCity Manager

Managing Director Financial Services

Finance

Building Services

Information Technology

Managing Director Community

Services

Housing & Community

Services

Library

Neighborhood Services

Assistant City Manager

Fire

Police

Human Resources

Mesquite Metro Airport

Deputy City Manager

Public Works

Planning & Development

Economic Development

Parks & Recreation

City AttorneyCity SecretaryBoards

&Commissions

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CITY COUNCIL MEETINGS

The Open Meetings Act Every meeting of the City Council must be conducted in accordance with the Texas Government Code. The Texas Government Code requires that written notice of the date, hour and place of every Council meeting, together with an agenda specifically describing all items to be considered, be posted 72 hours in advance of such meeting on a bulletin board accessible to the public both day and night. In addition, municipalities with populations of 48,000 or more must also post the agenda on their Internet website 72 hours in advance of such meeting. There are two exceptions to the 72-hour posting requirement: (1) only two hours advance notice is required for special meetings called in cases of “emergency or urgent public necessity” and (2) if items are to be added to the agenda of a meeting for which 72 hours notice has already been posted, a supplemental notice listing such items must be posted at least two hours prior to the meeting, stating the emergency that requires action on the additional items. The Code also requires all Council meetings, with a few exceptions, to be open to the public. Exceptions to this requirement are provided under the Executive Session provision of the Texas Government Code. Executive Sessions can be held for the following reasons:

• Private consultations between the City Council and attorneys to discuss pending or contemplated litigation, settlement offers and other legal matters.

• Discussions regarding the purchase, exchange, lease or value of real property or negotiated

contracts for prospective gifts or donations to the City when a discussion of these items in public would have a detrimental effect on the negotiating position of the City.

• Cases involving the appointment, employment, evaluation, reassignment, duties, discipline or

dismissal of a City officer or employee, or to hear complaints or charges against such officer or employee, unless such officer or employee requests a public hearing.

• Discussions regarding the deployment of security personnel or devices. • Discussions regarding commercial or financial information relating to a business prospect or

project. • Discussions regarding sales tax information. • Discussions regarding confidential vulnerability assessment information.

Before an Executive Session can take place, the Council must first convene in open session, the presiding officer must announce that a closed meeting will take place and cite the sections of the Texas Government Code authorizing the closed session. No final action on any matter considered in a closed meeting may be taken except in an open meeting.

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THE COUNCIL MEETING AGENDA

A well-organized agenda is an indispensable part of every orderly Council meeting. The agenda establishes a calendar of activities for the Council to follow in the course of its meeting. The agenda lists all of the items of business that will be considered and, by putting Councilmembers on notice as to what will be discussed, it enables each Councilmember to arrive at a meeting prepared and ready to conduct business. The following illustrates a typical agenda format for a regular Council meeting: CALL TO ORDER – The presiding officer calls the meeting to order and determines whether a quorum is present. COUNCIL – STAFF WORK SESSION – The purpose of this portion of the meeting is to allow presentations by City staff on matters not requiring the same formality as the formal agenda or the participation of the general public. REGULAR CITY COUNCIL MEETING • Invocation – The invocation is usually provided by a member of the Mesquite Ministerial

Alliance. • Pledge of Allegiance – The Pledge of Allegiance is provided by local elementary school

students or participants in various City-sponsored organizations and activities. • Special Announcements – This time is reserved for special announcements and recognition

of individuals or groups. • Citizens Forum – This portion of the agenda provides a time to recognize special visitors or

for citizens to address the Council on matters that are not on the agenda. Up to 10 people may speak for a maximum of three minutes each. The Council may not discuss or take action on a matter brought up during the Citizens Forum until the item has been placed on the agenda and posted in accordance with State law.

• Presentation of Plaques/Awards – Special recognition may be given to citizens, former

Board and Commission members, Councilmembers, retired City employees or current City employees.

• Appointments for Personal Appearance – Miscellaneous reports and requests for Council

action are received during this portion of the meeting. • Consent Agenda – “Consent” items are routine items which can be considered and voted

upon as a block. However, any Councilmember or any individual may request that an item be removed from the consent agenda and discussed separately. Typical consent items are approval of minutes, previously discussed ordinances and resolutions, some contracts and routine bids.

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• Public Hearings – The majority of public hearings held by the Council relate to zoning change requests. Other types of public hearings could relate to assessments, the budget, grants, tax abatements or the tax rate.

• Consideration of Ordinances, Resolutions, Bids, Contracts – Ordinances, resolutions, bids

and contracts that are not routine items are considered during this portion of the meeting. • Appointments to Boards and Commissions – The City Council appoints members to 26

citizen advisory boards and commissions. Information on persons interested in serving on various boards and commissions is kept on file in the City Secretary’s office and provided to the Council as vacancies occur.

• Executive Session – The City Council may conduct closed meetings for purposes permitted

by the Texas Government Code. Before beginning a closed meeting, a quorum assembles in open session and the presiding officer announces that the Council will go into closed session and cites the sections of the Code authorizing the closed session. Before final action is taken, the Council reconvenes in open session to vote upon the matter if a vote is necessary. If executive action is not necessary, the Council reconvenes in open session to conduct further business or adjourn.

• Adjournment – If there is no further business, the presiding officer adjourns the meeting.

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CITY CHARTER PART I - CHARTER[1] Footnotes: --- (1) --- Editor's note— Contained herein is the charter of the City of Mesquite, as approved by the voters of the city on August 22, 1953, as amended. Amendments are shown in the historical citation following each amended section. A frontal article analysis has been added for the convenience of the user and a uniform system of capitalization has been employed. Several of the catchlines of individual sections have been slightly changed for editorial clarity. Otherwise, the charter is set out herein as originally adopted by the voters. Any material in brackets has been added by the editor for clarity.

ARTICLE I. - CORPORATE NAME Sec. 1. - Generally.

All the inhabitants of the City of Mesquite, Dallas County, Texas, as the boundaries and limits of said city are herein established, or may hereafter be established, shall be a body politic, incorporated under, and to be known by the name and style of the "City of Mesquite," with such powers, rights and duties as are herein provided.

ARTICLE II. - MUNICIPAL BOUNDARIES Sec. 1. - City limits.

The boundaries of the City of Mesquite shall be the same as have been heretofore established and now exist, which boundaries are more fully described as follows, to wit:

CITY LIMITS OF MESQUITE, TEXAS, AS OF MAY 15, 1953

Beginning at a point 2440 feet south of the center line of Military Parkway Road, as designated by the county engineer, Dallas County, Texas, (Military Parkway Road formerly being the old Dallas-Terrell Interurban right-of-way) said point also being 1640 feet east of the center line of Hickory Tree Road, said point being in the McKinney and Williams Survey Abstract No. 1031 Dallas County, Texas, and also being 1640 feet east of the west line of said McKinney and Williams Survey Abstract No. 1031 and 1700 feet more or less north of the south line of said McKinney and Williams Survey Abstract No. 1031;

Thence south 1640 feet east of and parallel to the west survey line of the McKinney and Williams Survey Abstract No. 1031 Dallas County, Texas, and the west survey line of the McKinney and Williams Survey Abstract No. 1031 projected to a point in the north right-of-way line of Bruton Road, said point in the north right-of-way line of Bruton Road being 1640 feet east of the centerline of Hickory Tree Road;

Thence west along the north right-of-way line of Bruton Road to a point in the north right-of-way line of Bruton Road, said point being 1000 feet east of the northwest corner of the W. Watts Marks Survey Abstract 937 Dallas County, Texas;

Thence south along a line 1000 feet east of and parallel to the west survey line of the W. Watts Survey Abstract 937 a distance of 4224 feet;

Thence west 4224 feet south of and parallel to the north line of the W. Watts Marks Survey Abstract 937 1000 feet to a point in the east right-of- way line of Peachtree Road;

Thence north along the east right-of-way line of Peachtree Road to a point, said point being at the intersection of the east right-of-way line of Peachtree Road and a projection of the south right-of-way line of Liberty Drive, said point being 1455.4 feet more or less south of the northeast corner of the Robert W. Woodruff Survey Abstract 1564;

Thence west 1321 feet along the south right-of-way of Liberty Drive;

Thence south 984 feet;

Thence west 604 feet;

Thence north 1205 feet;

Thence east 604 feet;

Thence south 161 feet to a point in the north right-of-way line of Liberty Drive;

Thence east 801 feet along the north right-of-way line of Liberty Drive;

Thence north 170 feet;

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Thence east 522 feet to a point, said point being 1225.4 feet south of the northeast corner of the Robert W. Woodruff Survey Abstract 1564 and in the east line of the said Robert W. Woodruff Survey 1564, which said east line is also the west line of W. Watts Marks Survey Abstract 937;

Thence north along the east line of the Robert W. Woodruff Survey 1564 and the west line of the W. Watts Marks Survey 937 to a point, said point being at the intersection of the north right-of-way line of Bruton Road and the intersection of the west survey line of the W. Watts Survey Abstract 937;

Thence in a northwesterly direction along the easterly right-of-way line of Sam Houston Road to the intersection of the easterly right-of-way line of Sam Houston Road and the south right-of-way line of Military Parkway or Military Drive;

Thence easterly along the south right-of-way line of Military Parkway or Military Drive to a point, said point in the south right-of-way line of said Military Drive being at the intersection of an extension of the west property line of the Ferris Brick Company (said west property line of Ferris Brick Co., being the east property line of the W. P. Luse Property) and the south right-of-way line of said Military Drive;

Thence north 18 degrees 20 minutes east along said west property line of said Ferris Brick Co. to a point in the south right-of-way line of the Texas and Pacific Railroad right of way;

Thence in an easterly direction along the said south right-of-way line of said Texas and Pacific Railroad to a point on the said Texas and Pacific Railroad right-of-way, said point being at the intersection of the south right-of-way line of said Texas and Pacific Railroad south right-of-way line and the south boundary line of the Swing and Laws Survey Abstract 1396 Dallas County, Texas, and being also in the north right-of-way line of State Highway 352 (Scyene Road) and being 650 feet more or less west of the east right-of-way line of Gross Road;

Thence in an easterly direction along the south boundary line of the Swing and Laws Survey Abstract 1396 a distance of 650 feet more or less to a point in the east right-of-way line of Gross Road, said point being at the intersection of the east right-of-way line of Gross Road and the north right-of-way line of the Texas and Pacific Railroad right-of-way;

Thence in a northwesterly direction along the northeast right-of-way line of Gross Road to a point, said point in the northeast right-of-way line of Gross Road being at the point where an extension of the south survey line of the C. Vernoy Survey Abstract 1512 Dallas County, Texas, intersects the northeast right-of-way line of Gross Road;

Thence north 2640 feet;

Thence west 200 feet more or less to a point, said point being due south of the intersection of the south right-of-way line of U. S. Highway 80 and an extension of the western boundary line of the Hillhome Gardens Addition No. 1;

Thence north to a point in the south right-of-way line of U. S. Highway 80, said point being at the intersection of said south right-of-way line of said U. S. Highway 80 and the western boundary line extended of the Hillhome Gardens Addition No. 1;

Thence in a northerly direction along a western boundary of said Hillhome Gardens Addition to a corner in the western boundary of said Hillhome Gardens Addition;

Thence in a northwesterly direction along the most westerly boundary of said Hillhome Gardens Addition to the most westerly corner of said Hillhome Gardens Addition No. 1;

Thence in a northeasterly direction along the north boundary of said Hillhome Gardens Addition No. 1, to a point, said point being at the intersection of the north boundary line of Hillhome Gardens Addition No. 2 and the northeasterly boundary of the Daniel Tanner Survey Abstract 1462;

Thence in a southeasterly direction along the northeasterly boundary of the Daniel Tanner Survey Abstract 1462 to a point, said point being at the point where the northeasterly boundary line of the Daniel Tanner Survey Abstract 1462 intersects a line 400 feet north of and parallel to Tripp Road;

Thence in an easterly direction 400 feet north of and parallel to Tripp Road to a point, said point being in the extension of the western boundary of the S. Caldwell Survey Abstract 337 Dallas County, Texas, and 400 feet north of Tripp Road;

Thence south along the extension of the western boundary line of the S. Caldwell Survey Abstract 337 Dallas County, Texas, and the western boundary line of the S. Caldwell Survey 337 to a point in the west boundary line of

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the S. Caldwell Survey 337, said point being the intersection of the centerline of Hanby Drive and the west boundary line of the S. Caldwell Survey 337;

Thence east along the centerline of Hanby Drive, an east-west street in the S. Caldwell Survey 337 to the intersection of the centerline of Hanby Drive and the centerline of Belt Line Road;

Thence south along the centerline of Belt Line Road to a point[,] said point being the intersection of the centerline of Belt Line Road and the north right-of-way line of U. S. Highway 80;

Thence in a westerly direction along the north right-of-way line of U. S. Highway 80 to its intersection with the western boundary line of the S. Caldwell Survey Abstract 337 Dallas County, Texas;

Thence south along the westerly boundary line of the S. Caldwell Survey Abstract 337 to a southwest corner of the S. Caldwell Survey Abstract 337 Dallas County, Texas;

Thence east along the southern boundary of the S. Caldwell Survey 337 to a southeasterly corner of the S. Caldwell Survey Abstract 337;

Thence south along the western boundary of the C. Vernoy Survey Abstract 1512 Dallas County, Texas, to the southwest corner of the said C. Vernoy Survey Abstract 1512;

Thence east along the southern boundary of said C. Vernoy Survey Abstract 1512 300 feet more or less to a point in the south line of the said C. Vernoy Survey Abstract 1512, said point being at the intersection of the projection of a line 1261 feet east of and parallel to the west survey line of the J. R. Warrall Survey Abstract 1607 and the south line of the C. Vernoy Survey Abstract 1512;

Thence south along the projection of and a line parallel to and 1261 feet east of the west survey line of the J. R. Warrall Survey Abstract 1607 to a point in the north right-of-way line of the T. & P. Railroad, said point being 1261 feet east of the west survey line of the said J. R. Warrall Survey;

Thence in an easterly direction along the north right-of-way line of the T. & P. Railroad to a point in the north right-of-way line of the T. & P. Railroad, said point being at the intersection of the north right-of-way line of the said T. & P. Railroad and the east property line of the Paddy Heights Addition extended and being 1700 feet more or less;

Thence in a southerly direction along the east property line of Paddy Heights Addition extended and the east property line of Paddy Heights Addition to its intersection with the north property line of Old East Pike (Newsom St. Extended);

Thence west along the north right-of-way line of Newsom Road (Old East Pike, County Road No. 235) 230 feet;

Thence south 60 feet more or less across Newsome Road to a point in the south right-of-way line of Newsom Road (Old East Pike);

Thence south 45 degrees 08 minutes east 306.79 feet along the southerly right-of-way line of Newsom Road (Old East Pike);

Thence south 89 degrees 26 minutes east along said Old East Pike right-of-way line (Newsom Road south right-of-way line) 512.72 feet to a point in the west line of that tract of land conveyed to George F. Lucas by deed from J. W. Hanby and wife, Buelah Hanby, dated January 3, 1947, of record in Volume 2773, page 502 Dallas County, Texas, deed records;

Thence south 3 degrees 29 minutes east along the west boundary of the said Lucas Tract 845.64 feet;

Thence north 89 degrees 55 minutes east along the south line of said Lucas tract 795 feet more or less to the west right-of-way line of Pioneer Road (County Road No. 364);

Thence south 2180.7 feet to the corner, said corner being the northwest corner of the intersection of Pioneer Road (County Road No. 364) and New Market Road (County Road No. 226);

Thence in a westerly direction along the north right-of-way line of New Market Road (County Road No. 226) to a point in the west survey line of the Abel Moore Survey Abstract 975 Dallas County, Texas;

Thence north along the west line of the Abel Moore Survey Abstract 975 to a point in the west line of the said Abel Moore Survey, said point being at the intersection of the projection of the south right-of-way line of New Market Road and the west line of the Abel Moore Survey 975;

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Thence west along the projection of the south right-of-way line of New Market Road to the intersection of the south right-of-way line of New Market Road with the center line of Walker Street;

Thence north in the center line of Walker Street to a point in the center line of Walker Street, said point being 2440 feet south of the extension of the center line of Military Parkway Road (Old Dallas-Terrell Interurban right-of-way);

Thence in a westerly direction 2440 feet south of and parallel to the center line of Military Parkway Road to the place of beginning.

Sec. 2. - Extension and alteration of boundaries. (a) The city council shall have power, by ordinance, to fix the boundary limits of the City of Mesquite and to

provide for the alteration and the 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. Upon the annexation of any additional territory, however, the City of Mesquite must, within a reasonable time after such annexation, wherever reasonable and practicable make available sewer and water lines in designated streets and alleys of such territory so annexed. Before an ordinance for annexation shall be considered, the city council shall conduct a public hearing at which all interested parties may be heard at a time not more than twenty (20) nor less than ten (10) days prior to consideration of such ordinance. Notice of such public hearing shall be given as provided by state law, Article 970a, Vernon's Annotated Civil Statutes; and upon final passage of any such 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, same shall be a part of the City of Mesquite 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, and shall be bound by the acts, ordinances, resolutions and regulations of the city.

(b) Whenever a majority of the legally qualified property tax paying voters who are citizens of the State of Texas and inhabitants of any territory adjoining the City of Mesquite, as said territory may be designated by the city council, or in case there are no such qualified voters in said territory, then when persons owning a majority of land area in said territory desire the annexation of such territory to the City of Mesquite, they may present a written petition to that effect to the city council and shall attach to said petition an affidavit signed by a majority of such qualified voters, or in case there are no such qualified voters in said territory, an affidavit stating that the person or persons so signing said petition own a majority of the land area in said territory; thereupon the city council at a regular session or a special session called in the manner required by this charter may by ordinance annex such territory to the City of Mesquite and thereafter the said territory shall be a part of the City of Mesquite and the inhabitants thereof shall be entitled to all of the rights and privileges of all citizens, and shall be bound by the acts, ordinances, resolutions and regulations of said city.

(c) The city council may, in its exclusive discretion, by ordinance, exclude from the city any territory within the corporate limits of the city when and if at least sixty (60) percent of the inhabitants thereof qualified to vote for members of the council shall present a verified petition requesting that such territory be discontinued as a part of the city and tender to the city secretary with such petition a sum of money equivalent to that percentage of the then outstanding indebtedness of the city for bonds and warrants and a fair proportion of the then existing budget which the assessed value of all property within such territory on the tax rolls next preceding the presentation of such petition bears to the total of all property on said rolls. The council shall never, regardless of the facts and circumstances, be required to discontinue any territory as a part of the city except at its exclusive discretion expressed by ordinance.

(As amended by election April 3, 1976)

Editor's note— The law cited in the above section has been moved to V.T.C.A. Local Government Code, Chs. 42 and 43, and § 212.003. Annexation hearing requirements are provided in V.T.C.A. Government Code, § 43.052.

State Law reference— Disannexation according to charter, V.T.C.A. Local Government Code, § 43.142.

Sec. 3. - Platting of property. Should any property situated within the city limits, as herein established or as may hereafter be established,

or within five (5) miles of such corporate limits of the City of Mesquite, as herein established or as may hereafter be established, be hereafter platted into blocks and lots, the owner or owners of said property shall comply with all of the provisions of Article 974A and Article 6626 of the 1925 Revised Civil Statutes of Texas, as amended.

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Editor's note— The laws cited in the above section have been moved to V.T.C.A. Local Government Code, Ch. 212, and V.T.C.A. Property Code, §§ 11.003, 12.001 and 12.002, respectively.

State Law reference— Extent of extraterritorial jurisdiction, V.T.C.A. Local Government Code, § 42.021; extension of subdivision regulations to extraterritorial jurisdiction, V.T.C.A. Local Government Code, § 212.003.

ARTICLE III. - CORPORATE POWERS Sec. 1. - Generally. (a) The City of Mesquite, as such body politic and corporate, shall have perpetual succession; may use a

corporate seal; may sue and be sued; may contract and be contracted with; implead and be impleaded in all courts; may take, hold and purchase such lands, within or without the city limits, as may be needed for corporate purposes of said city, and may sell any real estate or personal property owned by it; perform and render all public service, and when deemed expedient may condemn property for corporate use, and may hold, manage and control the same; and shall be subject to all duties and obligations now pertaining to or incumbent upon said city as a corporation, not in conflict with the provisions of this charter; and shall enjoy all rights, immunities, powers, privileges and franchises now possessed by said city and herein conferred and granted; and except as prohibited by the Constitution of the State of Texas or restricted by this charter, the City of Mesquite shall have and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. In addition to the powers herein otherwise granted, the city shall have all powers enumerated in Article 1175, Revised Civil Statutes of Texas, 1925, as heretofore amended as though such statutes were set forth herein.

(b) The enumeration of particular powers by this charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City of Mesquite shall have, and may exercise, all powers which under the constitution and statutes of the State of Texas it would be competent for this charter specifically to enumerate. All powers of the city, whether expressed or implied, shall be exercised in the manner prescribed by this charter or, if not prescribed therein, then in the manner provided by ordinance or resolution of the city council.

Sec. 2. - Power to enact ordinances. The City of Mesquite shall have the power to enact and enforce all ordinances necessary to protect health, life

and property, and to prevent and summarily abate and remove all nuisances, and to preserve and enforce good government and order and security of the city and its inhabitants; and to enact and enforce ordinances on any and all subjects; provided, that no ordinances shall be enacted inconsistent with the provisions of this charter, or the Constitution of the State of Texas; it being the intention to obtain by adoption of this charter, full power of local self government, and the City of Mesquite shall have and exercise all powers of local self government granted to cities having more than five thousand (5,000) inhabitants by what is known as the Home Rule Amendment to the Constitution of the State of Texas, and by the Home Rule Enabling Act, passed by the Legislature of Texas, and now known as Chapter 13 of Title 28 of the Revised Civil Statutes of Texas of 1925.

State Constitution reference— Home rule charters, Art. XI, § 5.

State Law reference— Home rule, Vernon's Ann. Civ. St. art. 1174f et seq.; home rule municipality, V.T.C.A. Local Government Code, § 9.001 et seq.

Sec. 3. - Style of ordinances. The style of all ordinances of the City of Mesquite shall be: "Be it ordained by the city council of the City of

Mesquite," but the same may be omitted when the ordinances of the city are codified and published in book or pamphlet form by the City of Mesquite or under the authority of its governing body.

Sec. 4. - Real estate, etc., owned by city. All real estate owned in fee simple title, or held by lease, sufferance, easement or otherwise, all public buildings,

fire stations, parks, airports, streets and alleys; and all property, whether real or personal, of whatever kind, character or description now owned or controlled by the City of Mesquite shall vest in, inure to, remain and be the property of said City of Mesquite under this charter; and all causes of action, choses in action, rights or privileges of every kind and character and all property of whatsoever character or description which may have been held and is now held, controlled or used by said City of Mesquite for public uses or in trust for the public, shall vest in and remain and inure to the City of Mesquite under this charter, and all suits and pending actions to which the City of

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Mesquite heretofore was or now is a party, plaintiff or defendant, shall in no wise be affected or terminated by the adoption of this charter, but shall continue unabated.

Sec. 5. - Acquisition of property. The City of Mesquite 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 its municipal boundaries, including any charitable or trust funds.

Sec. 6. - Public property exempt from execution. No public property or any other character of property owned or held by the City of Mesquite shall be subject to

any execution of any kind or nature.

Sec. 7. - City funds not subject to garnishment. No funds of the City of Mesquite shall be subject to garnishment, and the City of Mesquite shall never be

required to answer garnishment proceeding [sic].

Sec. 8. - Liability for negligence. (a) The City of Mesquite shall not be liable to any person for damages caused from streets, ways, crossings,

bridges, culverts or sidewalks being out of repair because of negligence of said corporation unless the same shall have remained so for ten (10) days after special notice in writing is given to the mayor and city council.

(b) The City of Mesquite shall not be liable to any person for damages sustained in any park, playground or public building belonging to said city or because of any apparatus, furnishings, fixtures or improvements thereon or thereupon situated being defective or out of repair unless the same shall have remained so for ten (10) days after special notice in writing is given to the mayor and city council.

(c) Before the City of Mesquite shall be liable for damages for personal injuries of any kind or for injuries to or destruction of or damage to property of any kind, the person injured or the owner of the property so injured, damaged or destroyed or someone in his behalf, shall give the mayor and city council notice in writing of such injury, damage or destruction, duly verified, within thirty (30) days after the same has been sustained, stating in such written notice when, where and how the injury, damage or destruction occurred, the apparent extent thereof, the amount of damage sustained, the amount for which the claimant will settle, the street and residence number of the claimant at the time and date the claim was presented and the actual residence of such claimant for the six (6) months immediately preceding the occurrence of such injuries, damage or destruction, and the names and addresses of the witnesses upon whom he relies to establish his claim; and a failure so to notify the mayor and city council within the time and manner provided herein shall exonerate, excuse and except the city from any liability whatsoever.

Sec. 9. - City not required to give bond. It shall not be necessary in any suit or proceeding in which the City of Mesquite is a party for any bond,

undertaking or other security to be demanded or executed by or on behalf of the city in any of the state courts, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond had been given, and the City of Mesquite shall be liable as if the security or bond had been duly executed.

Sec. 10. - Right of eminent domain. The City of Mesquite shall have the right of eminent domain for public purposes whenever the governing

authority shall deem it necessary; and to take any private property, within or without the city[,] for any municipal purposes that may be authorized by law. The power herein granted for the purpose of acquiring private property shall include the power of improvement and enlargement of waterworks, including water supply, riparian rights, standpipes, watersheds, dams, the construction of supply reservoirs, wells, parks, squares, pleasure grounds, and airports, and for the purpose of strengthening or improving the channel of any stream, branch, draw or drain, or the straightening or widening or extension of any street, alley, avenue, boulevard or other public highway. The city may exercise the power of eminent domain in any manner authorized or permitted by the constitution and laws of this state or in the manner and form that may be provided by ordinance of the city council. The power of eminent domain hereby conferred shall include the right of the governing authority of the city, when so expressed, to take the fee in the land so condemned, and such power or authority shall include the right to condemn public property for such purpose.

State Law reference— Eminent domain, V.T.C.A. Property Code, § 21.001 et seq.

Sec. 11. - Street powers generally.

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The City of Mesquite shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon and improve streets, alleys, sidewalks, squares, parks, public places and bridges and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places, all obstructions, telegraph, telephone, or other poles, carrying electric wires or signs, and all fruit stands, show cases and encroachments of every nature or character upon any said streets and sidewalks, and to vacate and close private ways; and when a street or alley has been vacated or abandoned the city shall have the right to sell the same as now provided by the general laws of the State of Texas.

State Law reference— Sale of abandoned roadway, V.T.C.A. Local Government Code, § 253.001.

Sec. 12. - Street improvements and assessments therefor. The act by the legislature of the State of Texas in 1927 and shown as Chapter 106, Acts of the first called

session of the fortieth legislature, together with all amendments thereof, said Act with amendments being shown as article 1105b, Vernon's Annotated Revised Civil Statutes of the State of Texas, is hereby embraced in and made a part of this charter.

Sec. 13. - Regulation of vehicles used for hire. The city council shall have the power by ordinance or otherwise to license, operate and control the operation

of all character of vehicles used for hire using public streets, including motorcycles, bicycles, automobiles, trucks, trailers, buses or like vehicles; and to prescribe the speed of the same, the qualifications of the operators of the same, routing of the same and the lighting of the same by night; and to provide for the giving of bond or other security for the operation of same.

Sec. 14. - Railroads. The city council shall have power by ordinance or otherwise to direct and control, within the city limits, the

speed of engines, locomotives and motor cars operating on railroad tracks, the construction of railroad tracks, turnouts and switches and the regulation of the grade thereof and the use of streets and the regulation of unusual and excessive noises and to regulate by ordinance all signal lights and safety devices at street crossings.

Sec. 15. - Regulation of privately owned public utilities. (a) 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 Mesquite, and shall in determining, fixing and regulating such charges or rates or compensation, base the same upon the fair value of the property of such person, firm or corporation devoted to furnishing service to such city 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 such 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 franchise 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 actually received, in accordance with the laws and constitution of this state applicable thereto. In order to ascertain all facts necessary for a proper understanding of what is or should be a reasonable rate or regulation, the city council shall have full power to inspect the books of such franchise holder and compel the attendance of witnesses for such purpose.

(b) Any company, corporation or person who may be engaged in furnishing to the inhabitants of the City of Mesquite any light, power or gas, or telephone service shall on or before the first day of March of each year file with the mayor of the City of Mesquite a sworn written report, including all the information set forth in Article 1121 of the 1925 Revised Civil Statutes of Texas, as amended; it being the intention of this section to require said company, corporation or person to file such reports pertaining to their operations insofar as same pertain to their operations within the city limits of the City of Mesquite.

Editor's note— The law cited in the above section has been moved to Vernon's Ann. Civ. St. art. 1446c.

Sec. 16. - City owned public utilities. The city 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, a sewer system or sanitary disposal equipment and appliances, natural gas systems, parks and swimming pools, fertilizer plants, abattoirs, and any other public service

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or utility; power to mortgage and encumber such system or systems in the manner provided in Articles 1111 to 1118, inclusive, of the 1925 Revised Civil Statutes of Texas, as amended, and any other 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 Article 1175 of the 1925 Revised Civil Statutes of Texas, and any amendments thereto now or hereafter in effect, as well as under any other general laws of the State of Texas pertinent or applicable thereto, 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 out efficiently said objects.

Sec. 17. - Purchase and sale of gas, oil, etc. The city shall have the power to purchase electricity, gas, oil or any other article or service essential to a proper

conduct of all the affairs of the city and of its inhabitants on such terms as the city council may deem proper, for sale and distribution to the inhabitants of the city or adjacent territory; provided that no contract of purchase binding the city shall be valid unless authorized by an election at which a majority of those voting shall favor the making of such contract.

Sec. 18. - Franchises and special privileges. (a) The right to control, easement, use and ownership of and title to the 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 passed by a majority of all members of the city council, and no grant of any franchise or lease, or right to use the same, either on, through, along, across, under or over the same, by any private corporation, association 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; 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 council shall submit it, at an election called for that purpose, the expense of which shall be borne by the applicant, and if the 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 having been read in full at three (3) regular meetings of the city council, nor shall any such franchise, grant or privilege ever be made unless it provides for adequate compensation or consideration therefor to be paid to the city.

(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 grant 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. 19. - Transportation. (a) General. The securing of adequate transportation facilities within the city and to and from the City of Dallas

and a transportation service to meet the public convenience of residents of this city is declared to be a public purpose. To that end the city council may grant franchises and the city may acquire, maintain and operate a transportation service and issue warrants, assignments of revenue and bonds and use public funds for such purpose.

(b) Airports. The city council shall have power to establish, maintain and operate an airport or airports, within or without the city limits, and landing fields, radio beams, beacons and other apparatus, buildings, equipments and appurtenances necessary or convenient therefor, and to make suitable charges for their use.

Sec. 20. - Parks, playgrounds, etc. The City of Mesquite shall have exclusive control of all city parks and playgrounds, whether within or without

the city limits, the power to control, regulate and remove all obstructions and prevent all encroachments thereupon; and the power to provide for raising, grading, filling, terracing, landscape gardening, erecting buildings, swimming pools and wading pools, and other structures, providing amusements therein, for establishing walks and paving

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driveways around, in and through said parks, playgrounds, and other public grounds, speedways or boulevards owned by it, and lying both outside and inside the municipal boundaries.

Sec. 21. - Underground construction. The city council may require the placing of all wires or overhead construction of public utilities within the

business area or fire limits of the city under the surface of the ground under such regulations as may be prescribed by the city council from time to time.

Sec. 22. - Fire protection. The city council shall have power, by ordinance or otherwise, to provide means for protection against

conflagrations and for the establishment, maintenance, support and regulation of a fire department and for guarding against fires. It may prescribe fire limits, stipulate and provide for minimum requirements for construction of buildings within such fire limits, regulate or prohibit the erection, building, replacing or repairing of wooden buildings within such limits; may prescribe that the buildings within such fire limits be made or constructed of fireproof material; and may prohibit the repairing of wooden buildings within such limits when the same have been damaged to within fifty (50) percent of the value thereof; and may declare all dilapidated buildings to be nuisances and hazards and direct the same to be repaired; removed or abated in such manner as the city council may prescribe; and may further prescribe limits within which only fireproof roofing may be used; it may also by ordinance regulate, prescribe, govern or forbid the storage of lumber, building material or any kind of inflammable or explosive goods, wares and merchandise of any and every kind within certain limits and prescribe limits within which such materials may be stored, housed or carried.

Sec. 23. - Health generally. The city council shall have the power to provide for a health department and to establish all necessary rules

and regulations protecting the health of the city and for the establishment of quarantine stations, pest houses, emergency hospitals and hospitals, and to provide for the adoption of necessary quarantine laws to protect inhabitants against contagious or infectious diseases. Such general powers shall include, but not to the exclusion of other powers, the following:

(a) To regulate, license and inspect persons, firms, corporations, common carriers, or associations operating, managing, or conducting any hotel or any other public sleeping or eating place, or any place or vehicle where food or drink or containers therefor, of any kind is [sic] manufactured, prepared, stored, packed, served, sold or otherwise handled within the city limits of said city, or any manufacturer or vendor of candies or manufactured sweets; and shall have the power to prescribe health regulations with reference to any and all workers or employees hired or used in any of said places or vehicles, or about said places and vehicles; or who deliver products to and from said places and vehicles; and shall have the power to inspect, license and regulate the sanitary condition of said places and vehicles and to condemn all articles not wholesome or fit for human consumption.

(b) To license barbers and beauticians and to prescribe health regulations with respect to their places of business, their persons and their workers and employees, and shall have the power to prescribe health regulations with respect to porters, hotel maids and domestic servants.

(c) To define all nuisances and prohibit the same within the city and outside the city limits for a distance of five thousand (5,000) feet; to police all parks or grounds, speedways, or boulevards owned by said city and lying both outside and inside said city; to prohibit the pollution of any stream, draw, drain or tributaries thereof, water deposit and reservoir, whether above or below the ground, which may constitute the source of storage of water supply, and to provide for policing the same, as well as to provide for the protection of any watersheds and the policing of same; to inspect, license and regulate dairies, slaughter pens and slaughterhouses inside or outside the limits of the city from which meat or milk is furnished to the inhabitants of the city; to require property owners to make connection to the sewer system, if and when available, with their premises, and to provide for fixing a lien against the property of owners who fail or refuse to make it a personal liability.

(d) To provide for the fixing of penalties for failure of any person, firm, corporation or association to comply with any such rules and regulations so prescribed by the city council under the provisions of this section; it being the intention to vest in the city council not only the powers expressly enumerated in this section but all other powers reasonably necessary for the protection of the health of the City of Mesquite and its inhabitants.

State Law reference— Abatement of nuisances, V.T.C.A. Local Government Code, §§ 217.041, 217.042.

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Sec. 24. - Police department. The City of Mesquite shall have the power, by ordinance, to establish and maintain a police department and

to prescribe the duties of the members of said department, and to regulate their conduct and their salaries. The head of the police department of said city shall be known and designated as "chief of police," and the other members thereof shall be known as "policemen." Said officer or officers shall have power to arrest.

Sec. 24a. - Ratio of police officers to population. The minimum manning level for the Mesquite police department shall equal or surpass one and five-tenths

(1.5) full-time and fully paid commis sioned sworn civil service police officers per every one thousand (1,000) population of the City of Mesquite; such population to be officially determined annually by the City of Mesquite.

(As added by election April 2, 1983)

Editor's note— The provisions enacted by election on April 2, 1983, did not specify the manner of their inclusion in the charter; therefore, inclusion as § 24a of Art. III has been at the editor's discretion.

Sec. 25. - Compromise and settlement of claims and lawsuits. The city council of the City of Mesquite shall have the power and authority to compromise and settle any and

all claims and lawsuits of every kind and character in favor of or against the said city, including suits by said city to recover delinquent taxes.

Sec. 26. - Contracts generally. (a) No contract shall ever be made which binds the city to pay for personal services to be rendered for any stated

period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city, with the exception of officers and heads of departments specifically mentioned herein.

(b) Nor shall the city or anyone acting for it make any contract for goods, materials, services or supplies for the current use of any department of the municipality for more than one (1) year, except as in this charter provided.

(c) What is known as "Bond and Warrant Law," the same being Article 2368a of Vernon's Revised Civil Statutes of Texas, and being the Acts of 1931 Legislature, page 269, Chapter 163, and all amendments thereafter made or that may be hereafter made, which are applicable to cities and towns, are hereby adopted by the City of Mesquite.

Sec. 27. - Zoning. The city council shall have full power and authority to zone the City of Mesquite and to pass all necessary

ordinances, rules and regulations governing the same under and by virtue of the authority given to cities and legislative bodies thereof by Article 1011 of the 1925 Revised Civil Statutes of Texas as amended, being Acts of 1927, fortieth legislature, page 424, Chapter 283, and all amendments thereto and amendments which may hereafter be made thereto.

Editor's note— The law cited in the above section has been moved to V.T.C.A. Local Government Code, §§ 51.001, 54.001.

State Law reference— Municipal zoning authority, V.T.C.A. Local Government Code, § 211.001 et seq.

Sec. 28. - Additional enumerated powers; penalties for violations of ordinances. In addition to the powers hereinbefore specifically enumerated, the city council of the City of Mesquite shall

have the power to license any lawful business, occupation or calling that is susceptible to the control of the police power; to license, regulate, control, or prohibit the erection of signs or billboards within the corporate limits of said city; to provide for a public library and the maintenance thereof; to provide for the regulation and control of electricians, plumbers and gas fitters and electrical and plumbing works, and to require efficiency in the same; to provide for the inspection of weights, measures and meters and fix a standard of such weights, measures and meters, and to require conformity to such standards and to provide penalties for failure to use or conform to the same; to provide for the issuance of permits for erecting all buildings, for the inspection of the construction of buildings in respect to proper wiring for electric lights and other electrical appliances, piping for gas, flues, chimneys, plumbing, and sewer connections; and to enforce proper regulations in regard thereto; to require the construction of fire escapes for all public buildings, and to determine the sufficiency and regulate the safety of all exits and fire escapes provided for public buildings, of every kind and character; to provide for license, permit and inspection

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fees; and to provide for the enforcement of all ordinances enacted by the city by a fine not to exceed two hundred dollars ($200.00); provided, that no ordinance shall prescribe a greater or less penalty than is prescribed for a like offense by the laws of this state.

Editor's note— V.T.C.A. Local Government Code, § 54.001 provides penalties for violations of ordinances and applies regardless of contrary charter provisions.

ARTICLE IV. - OFFICERS AND ELECTIONS Sec. 1. - Governing body.

The governing and lawmaking body of the City of Mesquite shall consist of six (6) councilmen and the mayor, and said body shall be known as the "City Council of the City of Mesquite."

(As amended by election Mar. 31, 1956; as amended by election Dec. 3, 1960)

Sec. 2. - Elective officers. The members of the city council of the City of Mesquite, which includes six (6) councilmen and the mayor, shall

be the only elective officers of the city, and they shall be elected and hold office and be compensated as herein provided. Said councilmen and mayor shall be elected from the city at large.

(As amended by election Mar. 31, 1956; as amended by election Dec. 3, 1960)

Sec. 3. - Qualifications and nomination of mayor and councilmen; official ballot. No person shall be a candidate for the office of mayor or councilman unless he is a qualified voter of the City

of Mesquite as of the time of filing of petition, and shall not serve as mayor or councilman unless he or she is a qualified voter of the City of Mesquite at the time of his or her election; and shall not be in arrears in the payment of any taxes or other liabilities due the city. The names of candidates for city councilmen and for mayor shall be placed on the official ballot upon the sworn application of the candidate filed in the office of the city secretary at such time as to comply with the filing requirements of the election laws of the State of Texas as they currently exist or are hereafter amended, stating the office for which he is a candidate, and if for councilman, the place for which he is running, and stating that the candidate has resided in the City of Mesquite for at least one (1) year next prior to the election, and thereupon the names of such candidates shall be printed upon the official ballot. The order in which the names of the candidates for each place shall appear on the ballot shall be determined by lot, in a drawing held under the supervision of the city secretary.

(As amended by election Mar. 31, 1956; as amended by election April 3, 1976; as amended by election April 4, 1987)

State Law reference— Application for place on ballot, V.T.C.A. Election Code, § 141.031 et seq.

Sec. 3a. - Holding other office. If a member of the council shall become a candidate for any place on the city council other than the specific

place he is then holding, he shall forfeit his place on the council as of the date of the next regular municipal election. No person elected to the city council shall, during the term for which he is elected to the council, be appointed to any office, position, or employment in the service of the city, and no former member of the city council shall hold any compensated, appointive city office or employment until one (1) year after the expiration of the term for which he is elected to the city council. If any member of the city council shall become a candidate for election to any public office except for a place on the city council or as mayor, he shall immediately upon his becoming a candidate forfeit his place on the council. If any member of a board or commission appointed by the city council shall become a candidate for election to any public office he shall immediately upon his becoming a candidate forfeit his place as a member of such board or commission. Appointive officers or employees of the city who shall become a candidate for election to any public office shall immediately upon becoming a candidate forfeit the office or employment held with the city.

(As added by election April 5, 1966)

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Editor's note— V.T.C.A. Local Government Code § 150.041 provides that a municipality may not prohibit a municipal employee from or discipline an employee for becoming a candidate for public office. V.T.C.A. Local Government Code § 150.041 applies regardless of contrary charter provisions.

Sec. 4. - Candidates to run for places. Candidates for the city council shall run for Place No. 1, Place No. 2, Place No. 3, Place No. 4, Place No. 5 or

Place No. 6 or for mayor, as the case may be, and shall be voted on and elected accordingly by the majority vote of the qualified voters of the city at large.

(As amended by election Mar. 31, 1956; as amended by election Dec. 3, 1960)

Sec. 4a. - Division of city into districts. The city shall, by ordinance, be divided into four (4) districts known as District 1, District 2, District 3 and District

4. Commencing with the year 1977 and each third year thereafter and at least one hundred twenty (120) days prior to the general municipal election, the governing body shall review and where necessary and permissible, alter or change the boundaries of the existing council districts for the purpose of preserving and maintaining the equal apportionment of inhabitants in each such district.

(As added by election Dec. 3, 1960; as amended by election April 3, 1976)

Sec. 4b. - Residence requirements for candidates. No person shall be eligible as a candidate for member of the council in Place No. 1, Place No. 2, Place No. 3

or Place No. 4, unless he has been, for a period of one hundred twenty (120) days prior to any council election, and is at the time of such election, a bona fide resident of District No. 1, District No. 2, District No. 3 or District No. 4, respectively.

A candidate for Place No. 5, Place No. 6, or for mayor may reside in any portion of the city.

(As added by election Dec. 3, 1960)

Sec. 4c. - Nominations. Any person, having the qualifications required by this charter, may be nominated for the council by petition of

at least fifty (50) and not more than seventy-five (75) qualified voters, who shall be designated as his sponsors. No voter shall sign more than one such petition for the same office or place, and should a voter do so, his 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 and number or other description sufficient to identify it and voter registration certificate number. Voters signing a petition for nomination shall be registered and eligible to vote in the City of Mesquite at the time of the signing of the petition and at the time of the filing of said petition. The nominating petition shall be filed in the office of the city secretary at such time as to comply with the election laws of the State of Texas as they currently exist or are hereafter amended. Nominations shall be accepted in writing by the nominees, and shall be acknowledged by such nominee before the city secretary or other person authorized to administer oaths under the law of the State of Texas. The nominating petition filed by a candidate for mayor or council shall conform to the requirements prescribed by the state law for such nominating petitions.

(As added by election April 5, 1966; as amended by election April 3, 1976; as amended by election April 4, 1987)

State Law reference— Petition for candidate, V.T.C.A. Election Code, § 141.061 et seq.

Sec. 5. - How candidates elected. (a) The candidate receiving the majority number of votes of the entire city cast for the place which he seeks shall

be elected to the respective office for which he was a candidate.

(b) Should any candidate running for mayor or councilman fail to receive a majority vote of all votes cast for that office in said election, then in that event it shall be the duty of the mayor to order a second election for the candidate or candidates failing to receive a majority vote, said election to be held on the third (3rd) Saturday following the date that the city council has canvassed the returns and declared the results.

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(c) In said second election only those can run who were candidates in the first election and they shall run for the place for which they ran in the first election, and the two (2) candidates receiving the highest vote where no one received a majority vote shall be candidates against each other. Should the candidate receiving the second highest number of votes for the place sought, die or refuse to have his name placed on the ballot, in said second election, then in that event the candidate receiving the next highest number of votes shall be entitled to be a candidate against the person receiving the highest number of votes. Should all the candidates die or refuse to run in said second election, the city council may declare a vacancy and appoint a successor to fill such vacancy until the next regular election.

(As amended by election April 5, 1966; as amended by election April 4, 1987)

State Law reference— Runoff election day, V.T.C.A. Election Code, § 2.025.

Sec. 6. - Judge of election; canvass of returns. The city council shall be the judge of the election and qualification of its own members and of the mayor,

subject to review of the courts in case of contest. The city council shall, as soon as practicable after a regular or special election, either at a call [sic] meeting called for that purpose or at the next regular meeting of said council, canvass the return and declare the results of such election. The return is to be canvassed and the results declared on the first Monday following the election. All officers elected at an election shall take office as soon as practicable following such election.

(As amended by election Mar. 31, 1956; as amended by election April 4, 1987)

State Law reference— Canvassing elections, V.T.C.A. Election Code, § 67.001 et seq.

Sec. 7. - Date of election. The regular municipal election for the City of Mesquite shall be held annually on the first Saturday in April, and

the same shall be conducted and the results canvassed and announced by the election authorities prescribed by the general election laws of the State of Texas, and said general election laws shall control all municipal elections as otherwise herein provided.

(As amended by election April 5, 1966)

Editor's note— Election dates are provided in V.T.C.A. Election Code, § 41.001 et seq.

State Law reference— Conduct of elections, V.T.C.A. Election Code, § 61.001 et seq.

Sec. 8. - Qualification of city officers. All officers of the city, whether elective or appointive, shall qualify by taking the oath prescribed by the

constitution of this state and by executing such bond as may be required under the provisions of this charter and the ordinances and resolutions of the city.

State Constitution reference— Official oath, Art. XVI, § 1.

Sec. 9. - Term of office of incumbent mayor and councilmen. The present incumbent mayor, Tim O. Williams, or his successor in office at the time of the adoption of this

charter[,] shall continue as mayor until the first Tuesday in April, 1955; and aldermen Loncy L. Leake, B. W. Cruce, B. E. Thompson, and Hugh Lawrence, the present incumbents, or their respective successors in office, shall continue in office after the adoption of this charter as councilman Place No. 1, councilman Place No. 2, councilman Place No. 3, and councilman Place No. 4, respectively, until the first Tuesday in April, 1955, and until their respective successors in office are elected and qualified.

Sec. 9a. - Terms of mayor and councilmen to be staggered. Prior to the next general municipal election, the city council shall, by ordinance, provide for staggered terms of

office of mayor and councilmen, and shall determine which places shall serve for the short term and which places shall serve for the long term.

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(As added by election Dec. 3, 1960)

Sec. 10. - Vacancies in office. (a) In the event of a vacancy existing in the office of mayor or councilman from any cause whatsoever, the

remaining members of the city council shall by a majority vote thereof at a regular meeting elect a member or members to fill the vacancy or vacancies thus existing; and such member or members so elected by the city council shall serve in such position until the next municipal election, at which time the candidate then elected shall serve for the remaining term of office or for the succeeding term of office. Where any member of the city council shall be absent for three (3) regular consecutive meetings of the council, without first having obtained leave of absence at a regular meeting, the city council may, by a majority vote of the entire council, declare the office vacant and proceed to fill such vacancy in the same manner as other vacancies in said council.

(b) Should any councilman elected to Place No. 1, Place No. 2, Place No. 3 or Place No. 4 move from the boundaries of such district during the term of office for which such councilman was elected, such removal shall create a vacancy of that place on the council.

(c) When the office of mayor or councilman shall be for a term exceeding two (2) years, all vacancies of office shall be filled by a majority vote of the qualified voters at a special election called for such purpose within one hundred twenty (120) days after such vacancy or vacancies occur.

(d) Any member or members so elected by the council to fill vacancy or vacancies existing in Place No. 1, Place No. 2, Place No. 3 or Place No. 4 must fulfill all of the residency requirements provided for in this charter.

(As amended by election Dec. 3, 1960; as amended by election April 5, 1966)

Sec. 11. - Mayor pro tem. The mayor pro tem shall be selected from among the members of the council and shall perform all duties of

the mayor in his absence or disability. The mayor pro tem shall serve for a term of one (1) year.

(As amended by election April 3, 1976)

Sec. 12. - Compensation of mayor and councilmen. (a) The mayor may receive a salary in an amount to be fixed by the city council, but which amount shall in no

event be more than one hundred dollars ($100.00) per month.

(b) Each councilman may receive a sum of not more than ten dollars ($10.00) for each meeting of the council attended by him, the amount to be fixed by the city council; provided, that no councilman shall receive a greater compensation than fifty dollars ($50.00) per month.

Sec. 13. - Duties of mayor. The mayor of the City of Mesquite shall preside at meetings of the 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. He shall perform such other duties consistent with the office as may be imposed upon him by this charter and the ordinances and resolutions passed in pursuance hereof. He may participate in the discussion of all matters coming before the council and shall be entitled to vote as a member thereof on all legislative and other matters, but shall have no veto power. He shall sign all contracts and conveyances made or entered into by the city, unless another party is authorized by the city council, and all bonds issued under the provisions of this charter. He shall be recognized as the official head of the city by the courts for the purpose of serving civil purposes. In time of danger or emergency, the mayor may with the consent of the council take command of the police and govern the city by proclamation and maintain order and enforce all laws.

(As amended by election April 5, 1966; as amended by election April 6, 1985)

Sec. 14. - Duties of the city council. (a) The city council shall have all powers necessary and incident to the proper discharge of the duties imposed

upon it and is hereby invested with all powers necessary to carry out the terms of this charter; it being intended that the city council and mayor shall have and exercise all powers enumerated in this charter or implied thereby and all powers that are or hereafter may be granted to municipalities by the constitution or laws of the State of Texas.

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(b) The compensation of all appointive officers and employees shall be fixed by the city council, which may increase or diminish such compensation at will. The city council may dispense with the service of any appointive employee at any time upon a majority vote of the members of the city council.

(c) All powers of the city shall be vested in the council except as otherwise provided by law or this charter, and the council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law.

(d) The city council or any person or committee authorized by it may and shall have the power to make inquiry into the conduct of any city department or agency; to make investigations as to city affairs, and for that purpose may subpoena witnesses, administer oaths, take testimony, and require the production of books, papers, and other evidence material to said inquiry. The council shall provide by ordinance penalties for contempt in refusing to obey any such subpoenas or failure to produce books, papers, and other evidence, and shall have the power to punish any such contempt in the manner provided by ordinance.

(e) The city council shall hold the city manager responsible for the proper administration of all city affairs placed in his charge by or under this charter but neither the city council nor any board or committee created by it nor any member thereof shall:

(1) Interfere with appointments of subordinates of the city manager. They shall not in any manner dictate the appointment or removal of any city administrative officer or employee whom the manager or any of his subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the manager anything pertaining to appointment or removal of such officers and employees.

(2) Interfere with administrative and executive duties of the city manager. Except for the purpose of inquiries and investigations under section 2 [sic], the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager and neither the council nor its members shall give orders to any such officer or employee either publicly or privately.

(f) Willful 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 two-thirds of its entire membership to expel such offending member from the council if found guilty after public hearing and thereby create a vacancy in the place held by such member. The city council, in judging the qualifications and forfeiture of office, shall have power to subpoena witnesses, administer oaths, and require the production of evidence. A member charged with misconduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand and notice of such hearing shall be publicized in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of the hearing. Decisions made by the council under this section shall be subject to review by the courts.

(As amended by election April 5, 1966; as amended by election April 4, 1987)

Sec. 15. - Meetings of city council. The city council shall hold at least one (1) regular meeting in each month at a time to be fixed by it for such

regular meetings, and may hold as many additional meetings during the month as may be necessary for the transaction of the business of the city and its citizens.

Sec. 16. - Rules of city council. The city council shall determine its own rules of procedure and may compel the attendance of its members.

Sec. 17. - Legislative procedure. A majority of the city council shall constitute a quorum to do business, and the affirmative vote of at least four

(4) of those attending any meeting at which there is a quorum present shall be necessary to adopt any ordinance or resolution. All meetings of the city council shall be public, and minutes of all proceedings 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 and shall be authenticated by the signature of the presiding officer and the person performing the duties of city secretary.

(As amended by election Dec. 3, 1960)

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Editor's note— Meetings closed to the public may be held when authorized in Vernon's Ann. Civ. St. art. 6252-17.

Sec. 18. - Enactment of ordinances. Each proposed ordinance or resolution shall be introduced in written or printed form and shall not contain more

than one subject[,] which shall be clearly expressed in the title, except ordinances or resolutions making appropriations or authorizing the contracting of indebtedness or issuance of bonds or other evidence of indebtedness. No ordinance, unless it be declared an emergency measure, shall ever be passed at a called meeting, but may be passed at any regular meeting of the council unless otherwise provided. All resolutions or orders may be passed at any regular meeting or may be passed at any special or called meeting called for that purpose.

Sec. 19. - Emergency measures defined. An emergency measure is an ordinance for the immediate preservation of the public business, property, health

or safety, or providing for the usual daily operation of municipal departments in which the emergency is set forth in such ordinance. Ordinances appropriating money to defray current or other expenses of the city where an emergency exists, or for any other purpose where an emergency exists[,] may be passed as emergency measures; except, that no ordinance making a grant, renewal or extension of a franchise or other special privilege or regulating the rate or rates to be charged for services furnished the public generally by public utilities shall be passed as an emergency measure, nor shall such an ordinance be finally passed on the date it is introduced, but must be passed, read and voted upon at two (2) regular meetings of the city council.

Sec. 20. - Ordinances now in effect. All ordinances of the City of Mesquite now in existence and not inconsistent with provisions of this charter shall

remain in full force and effect until altered, amended or repealed by the city council.

Sec. 21. - Pleading of ordinances and admissibility of same as evidence. It shall be sufficient in all judicial proceedings to plead any ordinance of the city by caption without embodying

the entire ordinance in the pleadings, and all pleaded ordinances or codes of ordinances shall be admitted in evidence in any suit and shall have the same force and effect as the original ordinance. Certified copies of the ordinances may also be used in evidence in lieu of original ordinances.

Sec. 22. - Depository for city funds. The city council is authorized to select a depository for city funds in accordance with Chapter 3 of Title 47 of

the Revised Civil Statutes of 1925 as amended, and to follow all the terms and provisions of same.

Editor's note— The law cited in the above section has been moved to V.T.C.A. Local Government Code, § 105.001 et seq.

Sec. 23. - Codification of ordinances. The city council, or city manager, if one should be appointed under the provisions of Article VIII herein, as soon

as practicable after the adoption of this charter, shall cause to be codified and properly entered and published in pamphlet form for public distribution or for anyone desiring same, the ordinances of the City of Mesquite, and may annually thereafter revise and keep same up to date.

Sec. 24. - Publication of ordinances. Every ordinance imposing any penalty, fine or forfeiture or the descriptive caption thereof, shall, after passage

thereof, be published in one (1) issue of the official newspaper; and proof of such publication shall be made by the printer or publisher of such newspaper, making affidavit before some officer authorized by law to administer oaths, and filed with the person performing the duties of city secretary, and shall be prima facie evidence of such publication and promulgation of such ordinances so published; said ordinances shall take effect and be in force from and after five (5) days after publication thereof, unless otherwise expressly provided. Ordinances not required to be published shall take effect and be in force from and after the passage thereof, unless otherwise provided.

Sec. 25. - City secretary. The city council shall appoint a city secretary. He shall be a qualified voter residing in the city for at least one

(1) year next preceding his appointment. He shall receive for his services such compensation as the city may fix. Unless excused by the city council for good cause, he shall attend all meetings of the city council and keep accurate minutes of its proceedings; he shall preserve and keep in order all books, papers, documents, records and files of the city council and of the executive departments. He shall keep a record of all commissions and licenses issued and shall countersign the same. He shall have custody of the seal of the city and shall affix same to such documents and obligations only of the city as he may be legally authorized so to do.

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Sec. 26. - City treasurer. The city finance director or such person acting in such capacity shall serve as city treasurer and shall be

appointed by the city manager or person acting in such capacity. The residency requirements for city treasurer shall be the same but not greater than those for finance director or such person acting in such capacity. He shall sign all checks or vouchers given by said city and perform any other duties required by the general laws of the State of Texas.

(As amended by election April 6, 1985)

Sec. 27. - Creation and jurisdiction of corporation court; fines. There is hereby created and established a court to be the corporation court of the City of Mesquite, which court

shall have jurisdiction within the territorial limits of said city of all criminal cases arising under the ordinances of such city, and shall have concurrent jurisdiction with the justice of the peace of the precinct in which the city is or may be situated of all criminal cases arising under the criminal laws of the state, where the offense is committed within the territorial limits of said city and the punishment is by fine only and the maximum of said fine, under the laws of this state, may not exceed two hundred dollars ($200.00). Said court shall have no civil jurisdiction, except for the forfeiture and collection of bonds given in proceedings therein. It shall also have jurisdiction of violations of ordinances of the city enacted for the preservation of its water system, watersheds of the city's water supply and the purity of the water supply, its sewage disposal plant and its garbage dumping grounds, whether such offenses are committed inside or outside of the corporate limits of the City of Mesquite, and the commission of any nuisance within five thousand (5,000) feet of the corporate limits of the city, outside of the city limits.

(a) The corporation court shall be presided over by a judge, who shall be known as the city judge.

(b) The judge of said corporation court, regardless of what his title may be, shall have power to punish for contempt to the same extent and under the same circumstances as the justice of the peace may punish for contempt of criminal cases.

(c) The judge of said court shall be a qualified voter of the city, shall be appointed by the city council, and shall hold his office at the pleasure of the city council.

(d) There shall be a clerk and deputy clerk of said court, which clerks shall be appointed by the city manager. The city manager may require such clerk or deputies to perform such other duties, in addition to the duties of clerk or deputy clerk, as may be prescribed, or may provide that some other employee or employees of the city, in addition to their duties, may perform the duties of such clerk or deputy clerk without extra compensation.

(e) The clerk of said court and his deputies shall have the power to administer oaths and affidavits, make certificates, affix the seal of said court thereto, and generally do and perform any and all acts usual and necessary by clerks of courts in issuing process of said courts and conducting the business thereof.

(As amended by election April 5, 1966)

Editor's note— V.T.C.A. Government Code, § 29.002 provides that a reference in state law to a "corporation court" means a "municipal court." The same section creates a municipal court in each municipality. The jurisdiction of the court is provided in § 29.003.

State Law reference— Contempt of court, V.T.C.A. Government Code, § 21.002.

Sec. 28. - Title of Code of Criminal Procedure controlling. All complaints, prosecutions, the service of process, commitment of those convicted of offenses, the collection

and payment of fines, the attendance and service of witnesses and juries, punishment for contempt, bail and the taking of bonds shall be governed by the provisions of Title 2 of the Code of Criminal Procedure of the State of Texas applicable to corporation courts.

Editor's note— Part I, Ch. 45, of the Code of Criminal Procedure of 1965 applies to municipal courts. Provisions on contempt are found in V.T.C.A. Government Code, § 21.002.

Sec. 29. - Appeals from corporation court.

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Appeals from conviction in the corporation court shall lie to the county criminal court, and such appeals shall be governed by the same rules of practice and procedure as are provided by law in cases of appeals from the justice court to said county criminal court, as far as said rules are applicable.

State Law reference— Appeals from municipal courts, Vernon's Ann. C.C.P. arts. 44.13 et seq., 45.10; appeal in municipal courts of record, V.T.C.A. Government Code, § 30.493.

Sec. 30. - Nepotism. No person related within the second degree by affinity or within the third degree, by consanguinity to the mayor

or any member of the city council shall be appointed to any office, position or clerkship or other service of the city.

Editor's note— Legislation relating to nepotism is provided in Vernon's Ann. Civ. St. art. 5996a et seq.

Sec. 31. - Official bond for appointive officers. The city council of the City of Mesquite shall have the right to require bond from each appointive officer or

employee of the city in such amounts as said city council may from time to time fix by ordinance or resolution and conditioned upon the faithful discharge of the duties of his office and accounting for all moneys, credits and things of value coming into the hands of such officer or employee; and all such bonds shall be signed as surety by some surety company authorized to do business under the laws of the state, and the premiums accruing thereon shall be paid by the City of Mesquite.

State Law reference— Principal and surety, V.T.C.A. Business and Commerce Code, § 34.01 et seq.; surety and trust companies, V.T.C.A. Insurance Code, art. 7.01 et seq.

Sec. 32. - Audit and examination of city books and accounts. The city council shall cause audits annually to be made of the books and of accounts of each and every

department of the city. Such audits shall be made by a competent public accountant who shall be selected by the city council, and a contract entered in from year to year; and such contract shall provide that the books of the city shall be audited at least annually; and such auditor's report to the city council shall be accessible to the public or for publication.

State Law reference— Audit of municipal finances, V.T.C.A. Local Government Code, § 103.001 et seq.

Sec. 33. - Budget. The city manager shall have prepared on or before the 15th day of August in each year a budget to cover all

proposed expenditures of the city for the succeeding fiscal year which begins on October 1, and ends on September 30, of each calendar year. The budget shall be prepared in conformity with the laws of the State of Texas. No public money shall ever be spent or appropriated, except in case of an emergency or public calamity, unless funds are currently in the possession of the city to cover said expenditures or appropriation. No expenditure shall ever be made by the city except upon check drawn upon the account, for which a previous appropriation shall have been made, signed by the city treasurer and countersigned by the city manager or mayor.

(As amended by election April 4, 1987)

State Law reference— Municipal budget, V.T.C.A. Local Government Code, § 102.001 et seq.

Sec. 34. - Personal financial interest. No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city,

or be financially interested, directly or indirectly, in any contract with the city, or be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies, or services, or to a contractor supplying the city, except on behalf of the city as an officer or employee. However, the phrase "financially interested in any contract with the city" and "financially interested in the sale to the city of any land" shall not be deemed to preclude donations to [the] city of right-of-way, easements or other thing of value without payment or other consideration from [the] city. Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section, with the knowledge, expressed or implied, of

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the person or corporation contracting with the governing body of the city shall render the contract involved voidable by the city manager or governing body.

Provided, however, that city employees, excluding the city manager, the city secretary and the city purchasing agent, may purchase unclaimed and surplus items sold at city auction where the sale is advertised by publication as provided by law and the sale is by open competitive bidding.

No member of the city council shall be excused from voting except on matters where his financial interests are involved, or where otherwise prohibited by state law.

(As added by election April 5, 1966; as amended by election April 3, 1976; as amended by election April 6, 1985)

Editor's note— Conflicts of interest of municipal officers are regulated in V.T.C.A. Local Government Code, § 171.001 et seq.

State Law reference— Legal publications, Vernon's Ann. Civ. St. art. 28a et seq.

ARTICLE V. - TAXES AND TAXATION[2] Footnotes: --- (2) --- State Law reference— Property Tax Code supersedes municipal charters, V.T.C.A. Tax Code, § 1.02.

Sec. 1. - Property liable to taxation. All real, personal and mixed property held, owned or situated in the City of Mesquite, which is not exempt by

the constitution or general laws of the State of Texas, shall be liable for all taxes due by the owner thereof, including taxes on real estate, franchise, personal and mixed property, except that the homestead of any person within the City of Mesquite shall never be liable for any taxes other than the tax upon such homestead.

State Law reference— Taxable property and exemptions, V.T.C.A. Tax Code, § 11.01 et seq.

Sec. 2. - Tax levies. (a) The city council shall have the power and is hereby authorized and made its duty to levy, assess, and collect

annually for general purposes authorized by laws and for the purpose of paying the interest and providing the sinking fund on the bonded indebtedness of the City of Mesquite now in existence or which may hereafter be created an ad valorem tax on real, personal or mixed property in such amounts and at such rates as shall be determined by the city council subject to applicable limitations and prohibitions now or hereafter contained in the Constitution of the State of Texas. If for any cause the city council shall fail, neglect or refuse to pass a tax ordinance for any one (1) year levying taxes for that year, then in that event the tax levying ordinance last passed shall and will be considered in force and effect as the tax levying ordinance for the year for which the city council failed, neglected or refused to pass such ordinance, and the failure so to pass such ordinance for any year shall in no wise invalidate the tax collections for that year.

(b) The city council shall determine and provide when taxes shall be due and payable. It shall have the right to fix the time and terms of payments of taxes, prescribe penalties for the nonpayment thereof upon the expiration of the time fixed by the said city council, and may provide discounts for advance payments of taxes.

(c) The city councilmen or any other officer of the city shall never extend the time for payment of taxes or remit, discount or compromise any tax legally due the city, nor waive the penalty that may be due thereon by any person, but the city council may by ordinance provide for the remission, discount, compromise or waiver of penalty to all persons legally owing any taxes where such remission, discount, compromise or waiver of penalty is for any particular and specified year or years and applies equally to all persons, firms or corporations owing taxes to the city for such year or years; provided, however, that this provision shall not prevent the compromise of any tax suit.

(As amended by election April 5, 1966)

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Editor's note— Tax collections are provided for in V.T.C.A. Tax Code, § 31.01 et seq. Tax delinquency provisions are provided in § 33.01 et seq.

State Constitution reference— Municipal taxes, Art. XI, § 5.

Sec. 3. - Liens. The tax levied by the city is hereby declared to be a lien, charge or encumbrance upon the property upon which

the tax is due, which lien, charge or encumbrance the city is entitled to enforce and foreclose in any court having jurisdiction over the same, and the lien, charge and encumbrance on the property in favor of the city for the amount of taxes due on such property is such as to give the state courts jurisdiction to enforce and foreclose said lien on the property on which the tax is due, not only as against any resident of this state or person whose residence is unknown, but also as against the unknown heirs of any deceased person who owned the property upon which the tax is due and also as against nonresidents. All taxes upon real estate shall especially be a lien and a charge upon the property upon which the taxes are due, which lien may be foreclosed in any court having jurisdiction.

Editor's note— Tax liens and personal liability are provided for in V.T.C.A. Tax Code, § 32.01 et seq.

Sec. 4. - Rendition. (a) It shall be the duty of every person owning or holding property within the City of Mesquite to render such oath

to the assessor of taxes or such other person as may be provided for by ordinance at his office in said city annually within the time prescribed by ordinance of said city a full and complete inventory of all property so owned or held by him, whether real, personal or mixed, and to take and subscribe to an oath to the correctness of such inventory, which oath may be administered by the assessor or such other officer as aforesaid, acting in person or by deputy.

(b) The definitions of property and terms as defined by the general laws of the State of Texas under the head of taxation shall apply to the taxation of property in this city.

Editor's note— Renditions and other reports are provided for in V.T.C.A. Tax Code, § 22.01 et seq.

State Law reference— Definitions relating to property taxation, V.T.C.A. Tax Code, § 1.04.

Sec. 5. - Unrendered property. The city council shall provide by ordinance for the listing and valuation of all property, real, personal and mixed,

situated, owned or held within the city limits of Mesquite and which has not been rendered by the owner thereof, each year upon a date to be specified by the city council by ordinance, by the assessor or other office designated for that purpose, which list of property so unrendered and assessed shall be placed upon the tax rolls of the City of Mesquite and submitted along with the rendered roll to the board of equalization and be subject to the same tax levy as the rendered property within the said city.

Sec. 6. - Collection of taxes. (a) The city council shall have full power by ordinance to provide for the prompt collection of all taxes levied,

assessed and due or becoming due to said city and to prescribe where property shall be assessed or rendered for taxes and when the taxes thereon shall become due and payable and to that end may and shall pass all ordinances and make all such provisions as may be necessary for levying, imposing, assessing and collecting said taxes, regulating the methods of making out tax lists and inventories, fixing the duties and defining the powers of the assessor and collector of taxes or such other officer as may be designated therefor by the city council.

(b) All taxes shall be payable at the office of the assessor and collector or such other officer as the city may prescribe, and no demand for payment thereof shall be requisite or necessary to enforcement of the collection thereof, nor for the collection of any taxes due before the passage of this article.

(c) All property which the owner thereof may have failed or refused to inventory, assess or render for taxation for years prior to the passage of this article, shall be, by the officer designated by the city council, inventoried, assessed and rendered for taxes for the year or years for which the same was not so rendered, inventoried and assessed by the owner thereof, and such officer designated by the city council shall have the right and it shall be his duty at any time to revise, correct and reassess and properly describe any property incorrectly

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rendered or assessed or improperly described, without the necessity of giving notice to the owner thereof; provided, however, that the valuation as fixed by the board of equalization shall not be changed, and such inventory and assessment when revised shall be as valid and effective as if on such assessment sheets and tax rolls and as if regularly and duly rendered and assessed by the owner for the year for which rendered, assessed and inventoried, as above provided for, by the officer of the City of Mesquite designated by the city council and said tax rolls and assessment sheets shall be prima facie evidence that said property was regularly and duly rendered, inventoried, assessed and properly described in all respects as if done duly and regularly by the owner in the first instance.

Editor's note— Assessment of taxes is provided for in V.T.C.A. Tax Code, § 26.01 et seq.

Sec. 7. - Payment of taxes. All ad valorem taxes due or to become due upon real, personal or mixed property or upon franchises granted

by the City of Mesquite to individuals or corporations and all license taxes, occupation taxes, permit fees, fines, forfeitures, penalties and other amounts of taxes accruing to the City of Mesquite shall be collectable and payable only in current money of the United States.

Editor's note— The medium of payment of property taxes is provided in V.T.C.A. Tax Code, § 31.06.

Sec. 8. - Delinquent taxes. (a) All ad valorem taxes due or to become due to the City of Mesquite that are not paid within the time specified

by the city council in the ordinance providing the date of payment of said taxes shall be declared delinquent and shall be subject to the penalties prescribed by ordinance from time to time and may be collected by suits from delinquents, and foreclosure of the lien thereon may be had in any court having jurisdiction of the same, and any person who shall purchase or shall have purchased property encumbered by a lien for taxes or upon which taxes are due shall be deemed as to such taxes a delinquent taxpayer and such purchaser take the property charged with lien, and he cannot interpose any defense which the person or corporation owning the property at the time of the assessment of said taxes so delinquent might not have interposed had he or it continued to be the owner, except that no personal judgment shall be rendered for same against said purchaser.

(b) All suits for delinquent taxes owing to the City of Mesquite shall be brought in a district court of Dallas County, Texas, in accordance with the general laws of the State of Texas relative to the collection of delinquent state and county ad valorem taxes.

Editor's note— Delinquent tax suits are provided for in V.T.C.A. Tax Code, § 33.41 et seq.

Sec. 9. - Board of equalization. (Deleted by election April 4, 1987)

Sec. 10. - Occupation tax. The city council shall have the power to levy and collect taxes upon trades, professions, callings or other

businesses carried on to the full extent permitted by the general laws of the State of Texas, to prescribe penalties for nonpayment thereof, and to regulate the operation of any business, trade or calling or profession.

Sec. 11. - Contract for collection of delinquent taxes. The city council shall have the power to contract with any attorney at law for the collection of delinquent taxes

owing the city.

ARTICLE VI. - RECALL Sec. 1. - Generally. (a) The mayor or any other member of the city council may be removed from office in the following manner:

Any qualified voter of the city may make and file with the city secretary an affidavit containing the name of any member of the city council whose removal is sought and a statement of the grounds for removal. The secretary shall thereupon deliver to the voter making such affidavit copies of petition blanks for demanding such removal, printed forms of which he shall keep on hand. Such blanks shall be issued by the secretary with his signature thereto attached, and they shall be dated and addressed to the city council, indicate the person to whom issued, and state

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the name of the member whose removal is sought. A copy of the petition shall be recorded in a record book for that purpose to be kept in the office of the secretary. A recall petition to be effective must be returned and filed with the secretary within thirty (30) days after the filing of the affidavit, must bear the signatures of qualified voters of the city equal in number to at least forty (40) percent of those who were qualified voters on the date of the last regular municipal election, and at least one-half of the qualified voters voting for the person to be recalled constituting such forty (40) percent signing the petition shall make affidavit, to be filed with the petition, to the effect that they voted for the person whose recall is sought at the election at which he was last chosen.

(b) Signatures to a recall petition need not all be appended to one (1) paper, but to each such petition paper there shall be attached an affidavit of the circulator thereof, stating that such signature thereto was made in his presence and is the genuine signature of the person whose name it purports' to be. Each signer of a recall petition shall sign his name in ink or indelible pencil and shall place after his name the date when his signature was made and his residence by street and number, or other description to identify the place. Recall petition papers provided by the city secretary shall be in form substantially as follows:

We, the undersigned qualified voters of the City of Mesquite, hereby demand that the question of removing ____________ from the city council be submitted to a vote of the qualified voters.

NAME ADDRESS DATE

_____ _____ _____

_____ _____ _____

_____ _____ _____

STATE OF TEXAS )

)

COUNTY OF DALLAS )

____________ , Being duly sworn, deposes and says that he is the circulator of the foregoing petition paper and that the signatures appended thereto were made in his presence and are gen-uine signatures of the persons whose names they purport to be.

Signed _____

Subscribed and sworn to before me this ____________ / ____________ / ____________ day of ____________ / ____________ / ____________ 19 ____________

_____

Notary Public

The affidavits of signers of a recall petition who voted for the person whose recall is sought at the election at which he was last chosen shall be in the following form:

STATE OF TEXAS )

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)

COUNTY OF DALLAS )

____________ , being duly sworn, deposes and says (or depose and say) that he (or they) voted for the said ____________ at the election when he was chosen for his present position.

Signed _____

Subscribed and sworn to before me this ____________ / ____________ / ____________ day of ____________ / ____________ / ____________ , 19 ____________

_____

Notary Public

(c) All papers and affidavits comprising a recall petition shall be assembled and filed with the secretary as one (1) instrument, with a statement attached thereto giving the names and addresses of three (3) qualified voters, who, as a committee of the petitioners, shall be officially regarded as filing the petition. Within ten (10) days of the date of filing a recall petition the secretary shall determine the sufficiency thereof and attach thereto a certificate showing the result of his examination. If he shall certify that the petition is insufficient he shall set forth in the certificate the particulars in which it is defective and shall at once notify the committee of the petitioners of his findings.

(d) A recall petition may be amended at any time within twenty (20) days after the making of the certificate of insufficiency by the city secretary by filing a supplementary position upon additional papers issued, signed and filed as provided herein for an original petition. The secretary shall within five (5) days after such an amendment is filed, make examination of the amended petition and, if his certificate shall show the petition still to be insufficient, he shall file the petition in his office and notify the committee of the petitioners of his findings. The finding of the insufficiency of a recall petition shall not prejudice the filing of a new petition for the same purpose.

(e) If a recall petition, or amended petition shall be certified by the secretary to be sufficient he shall at once submit it to the city council with his certificate to that effect and shall notify the member whose removal is sought of such action. If the member whose removal is sought does not resign within five (5) days of such notice, the city council shall thereupon order and fix the date for holding a recall election. Any such election shall not be held less than forty (40) nor more than sixty (60) days after the petition has been submitted to the city council, and it may be held at the same time as any other general or special election within such period; but, if no election is held within such period, the city council shall call a special recall election to be held within the time aforesaid.

(f) The question of recalling any number of members of said city council may be submitted at the same election, but as to each member whose removal is sought a separate petition shall be filed and there shall be an entirely separate ballot. Candidates to succeed any members of the city council whose removal is sought shall be placed in nomination by petition signed, filed and verified as provided for nominating petitions for a regular municipal election; except that each petition paper shall specify that the candidate named therein is a candidate to succeed the particular member whose removal is sought.

(g) The ballots used in a recall election shall submit the two (2) following propositions in the order indicated:

"For the recall of (name of mayor or councilman);"

"Against the recall of (name of mayor or councilman);"

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The voter, by striking out either of these propositions, may indicate his vote for the one not so stricken out. Under the propositions shall appear the word "candidates" and the direction "Vote for one," and beneath this the names of the candidates nominated as hereinabove provided. The person whose recall is sought shall not have his name printed on the ballot as a candidate. Except that the space left for the names and dates shall be filled by the correct names and date, the ballots used in a recall election shall be in form substantially as follows:

RECALL ELECTION

City of Mesquite

____________ (Month and day of month) ____________ , 19 ____________ _____ _____ _____

For the recall of _____

Against the recall of _____

CANDIDATES

Vote for One

_____ _____ _____

Except as provided for in this section, ballots used in recall elections shall comply with the provisions of this charter regarding ballots for a regular municipal election.

(h) If a majority of the votes cast on the question of recalling the mayor or a city councilman be against recall, he shall continue in office for the remainder of his unexpired term, but subject to recall as before. If a majority of such votes be for recall of the officer on the ballot, he shall, regardless of any defect in the recall petition, be deemed removed from office, the candidate to succeed such officer who receives the highest vote shall be declared elected to fill the unexpired term.

(i) If a mayor or councilman in regard to whom [a] sufficient recall petition is submitted to the city council shall resign within five (5) days thereof, the place thus made vacant on the city council shall be filled by the appointment of an eligible person by a majority vote of the remaining members as hereinbefore provided for filling vacancies arising from other causes.

(j) No recall shall be filed against a mayor or councilman within three (3) months after he takes office or, in the case of a mayor or councilman subjected to a recall election and not removed thereby until at least six (6) months after that election.

ARTICLE VII. - BONDS, WARRANTS AND OTHER EVIDENCE OF INDEBTEDNESS Sec. 1. - Right to issue bonds, etc.

In keeping with the Constitution of Texas, and not contrary thereto, the City of Mesquite shall have the right to issue all tax bonds, revenue bonds, funding and refunding bonds, time warrants and other evidence of indebtedness as now authorized or as may hereafter be authorized to be issued by cities and towns by the general laws of the State of Texas.

State Law reference— Municipal bonds, Vernon's Ann. Civ. St. art. 701 et seq.

Sec. 2. - General laws of Texas. Bonds and warrants of the City of Mesquite shall be issued in the manner provided by the general laws of

Texas applicable to cities and towns.

State Law reference— Issuance of municipal bonds, Vernon's Ann. Civ. St. art. 823 et seq.

ARTICLE VIII. - CITY MANAGER Sec. 1. - City manager.

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The city council may, if they so select, appoint a city manager who shall be the administrative head of the municipal government and shall be responsible for the efficient administration of all departments.

Sec. 2. - Compensation. The city manager, if one is appointed, shall receive a salary as set by the city council.

State Law reference— Compensation of officers, V.T.C.A. Local Government Code, § 141.004.

Sec. 3. - Powers and duties. The city manager, if one is appointed, shall see that the laws and ordinances of the city are enforced. He shall

appoint all appointive officers, or employees of the city (such appointments to be made upon merit and fitness alone), and may at will remove any officers or employees appointed by him, except that the city judge, city attorney, city secretary and city health officer shall be appointed and removed from office by the city council. The city manager shall exercise control and supervision over all departments and offices that may be created by the council, and all officers and employees appointed by him. He shall attend all meetings of the council with the right to take part in the discussion, but having no vote. He shall recommend in writing to the council such measures as he may deem necessary or expedient. He shall keep the council fully advised as to the financial condition and needs of the city, and perform such other duties as may be prescribed by this charter or which may be required of him by ordinance or resolution of the council.

(As amended by election April 6, 1985)

State Law reference— Local health authority, V.T.C.A. Health and Safety Code, § 121.021 et seq.

Sec. 4. - Nepotism. No person related within the second degree by affinity or within the third degree by consanguinity, to the city

manager, shall be appointed to any official position, clerkship or service of the city.

Sec. 5. - Official bond. The city manager, if one is appointed, shall give an official bond in the sum of fifteen thousand dollars

($15,000.00), payable to the City of Mesquite, conditioned as may be prescribed by resolutions or ordinances of the council. Such bond shall be procured from some regularly accredited surety company, authorized to do business under the laws of the State of Texas, and the premiums to such surety company shall be paid by the City of Mesquite.

Sec. 6. - Absence. At the time of any temporary absence or disability, by letter filed with the city secretary, the city manager shall

designate a qualified city administrative officer to exercise the power and perform the duties of manager during his temporary absence or disability. In the event of the incapacity or failure of the city manager to make such an appointment, it may be made by the governing body. During such absence or disability the council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or his disability shall cease.

During any vacancy in the office of city manager, the governing body shall designate by letter filed with the city secretary a qualified administrative officer of the city to serve as acting city manager during the existence of such vacancy.

(As added by election April 5, 1966)

ARTICLE IX. - GENERAL PROVISIONS Sec. 1. - Qualified voter.

A `qualified voter' within the meaning of the terms of this charter, is one who possesses the qualifications required for voters by the election laws of the State of Texas as they currently exist or are hereafter amended.

(As amended by election April 4, 1987)

State Law reference— Qualifications and requirements for voting, V.T.C.A. Election Code, § 11.001 et seq.

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Sec. 2. - Jurors, etc. not incompetent. In any action or proceeding in which the City of Mesquite may be [a] party at interest no person shall be an

incompetent judge, justice, witness or juror by reason of his being an inhabitant, freeholder or taxpayer of the City of Mesquite.

Sec. 3. - Voting machines. At all times when they are available, and in the opinion of the city council their use is practicable, mechanical

machines shall be used for voting in municipal elections.

State Law reference— Voting systems, V.T.C.A. Election Code, § 121.001 et seq.

Sec. 4. - Singular includes plural and masculine feminine. The use of the singular number includes the plural, and the plural the singular, and words used in the masculine

gender include the feminine also, unless by reasonable construction, it appears that such was not the intention of the language.

Sec. 5. - Public act. This charter must be deemed a public act and judicial notice shall be taken thereof in all courts.

State Law reference— Judicial notice of recorded charters or amendments, V.T.C.A. Local Government Code, § 9.008(b).

Sec. 6. - Amendments to Charter. The charter may be amended at any time in accordance with the provisions applicable thereto contained in

Chapter 13 of Title 28 of the Revised Civil Statutes of 1925 of the State of Texas or any amendments thereto or any amendments that may be made hereafter thereto.

Editor's note— The provisions on charter amendments cited in the above section have been moved to V.T.C.A. Local Government Code, § 9.004 et seq.

Sec. 7. - Severability of charter. If any provision of this charter violates any statute or the Constitution of the State of Texas, or if any court holds

such provisions for naught for any reason, the remaining provisions shall not be affected thereby and shall continue in effect.

Sec. 8. - Independence of city boards and commissions. All appointed board and commissions of the City of Mesquite shall exercise their powers and duties as may be

prescribed by this charter, city ordinance or state statutes without interference by the city council or individual members thereof, or the city manager or other employees of the city and shall be independent bodies within the areas committed to such board or commission. No member of the city council or city staff shall attempt to influence a member of a city board or commission in a decision committed to such board or commission other than through the established procedures of such board or commission for the presentation of issues and evidence before such board or commission.

(As added by election April 3, 1976)

ARTICLE IX-A. - CIVIL SERVICE Sec. 1. - Personnel system.

Merit principle. All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated, as far as possible, by examination or other evidence of competence.

(As added by election April 5, 1966)

Sec. 2. - Personnel board. There shall be a personnel board consisting of three (3) members appointed by the council for terms of three

(3) years from among the qualified voters of the city. Members of the board shall hold no other city office. All such members of the board shall be of good moral character, resident citizens of the City of Mesquite, shall be more than twenty-five (25) years of age, and shall not have held any public office of the City of Mesquite within the preceding

42

three (3) years. Each member of the board shall be known to be in sympathy with the application of merit principles to public employment, and shall neither hold nor be a candidate for any other public office or position.

(As added by election April 5, 1966)

Sec. 3. - Personnel director. There shall be a personnel director, who shall have had training and experience in personnel administration,

appointed by the city manager, and who shall administer the personnel system for the city. The personnel director or such other person as may be provided by the city council shall provide the necessary staff assistants for the personnel board.

(As added by election April 5, 1966)

Sec. 4. - Powers of personnel board. The personnel board shall have the power and shall be required to:

(1) Perform the services hereinafter provided with respect to the civil service rules.

(2) Perform such other duties with reference to personnel administration[,] not inconsistent with this charter, as the city council may require.

(As added by election April 5, 1966)

Sec. 5. - Civil service establishment. Classified service. No officer, employee, member of a board, or other person, who is to be appointed by the

city council under this charter, and no department head, shall be included within the classified service of the city, but all other persons in the administrative services of the city shall be included therein unless specifically excluded therefrom by the ordinance providing for a system of classified services.

(As added by election April 5, 1966)

Sec. 6. - Civil service rules. The personnel director shall prepare the civil service rules and shall refer such proposed rules to the personnel

board which shall make its recommendations thereon. The city manager shall then present the civil service rules to the city council, and the council may by ordinance adopt them with or without amendments.

(As added by election April 5, 1966)

Sec. 7. - Discharge of employee. Any officer or employee in the classified service may be removed, suspended, laid off or reduced in grade;

but, if demanded by such officer or employee, it shall be the duty of the officer discharging him to furnish him with a written statement of the reasons therefor and the said discharged or reduced officer or employee shall have the right to demand a public hearing upon said charges within a reasonable time thereafter before the trial board.

(As added by election April 5, 1966)

Sec. 8. - Trial board. There is hereby created[,] for the purpose of hearing and determining charges made against any officer or

employee of the city in the classified service, a board to be known as the trial board[,] whose members shall be the members of the personnel board. The said board shall have final jurisdiction to hear and decide all appeals made to them by any discharged, suspended or reduced officer or employee in the classified service, and the judgment or decision of a majority of said board shall be final. Any aggrieved officer or employee who desires to avail himself of the right to appeal to said board must do so promptly and within ten (10) days from the date of his notification of dismissal or reduction. He may be represented by counsel and shall have the right to an open hearing and to compel the attendance of such witnesses as he may require to testify in his behalf. The appeal to said board shall not suspend the execution of the order of dismissal or reduction pending said hearing. The trial board may either sustain

43

or reverse the action of the city manager or the head of the department, as the case may be, or modify and amend the same as to them may seem just and equitable under all the facts and circumstances of the particular case.

(As added by election April 5, 1966; as amended by election April 3, 1976)

Sec. 9. - Compensation. The salary or compensation of persons in the classified service shall be established by ordinance, which may

provide minimum, maximum and intermediate steps as compensation for each class of service.

(As added by election April 5, 1966)

Sec. 10. - Status of appointive officers and employees on effective date of article. All appointive officers and employees in the service of the city, other than the officers and employees excepted

from the classified civil service, and having completed their probationary period, shall be subject in all respects to the classified civil service provisions of this charter amendment and shall continue in their respective offices or employment without preliminary or probationary tests.

(As added by election April 5, 1966)

ARTICLE X. - VOTE ON PROPOSED CHARTER Sec. 1. - Generally. (a) This charter shall be submitted to the qualified voters of the City of Mesquite for adoption or rejection on

August 22, 1953, 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 governing law of the City of Mesquite until amended or repealed.

(b) It being impractical to submit this charter by sections, it is hereby prescribed that the form of ballot to be used in such election shall be as follows, to-wit:

FOR THE ADOPTION OF THE CHARTER

AGAINST THE ADOPTION OF THE CHARTER

(c) The present city council of the City of Mesquite shall call an election in accordance with the provisions of the general laws of the state governing such elections, and the same shall be conducted and the returns made and results declared as provided by the laws of the State of Texas governing municipal elections, and in case a majority of the votes cast at such election shall be in favor of the adoption of such charter, then an official order shall be entered upon the records of said city by the city council of Mesquite declaring the same adopted, and the city secretary shall record at length upon the records of the city, in a separate book to be kept in his office for such purpose, such charter as adopted, and such secretary shall furnish to the mayor a copy of the charter which copy of the charter shall be forwarded by the mayor as soon as practicable, to the secretary of state under the seal of the city, together with a certif-icate showing the approval of the qualified voters of such charter.

Respectfully submitted,

Walter Robinson

Jack Walker

E. H. Hanby

Truett Crump

N. E. Shands

Forest Thompson

R. H. Wagoner

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G. R. Porter

Joe Tosch

Sam Ezell

Richard Motley

Benny Pettus

O. C. Williams

Gene Rusk

David Joseph

Sec. 1. - Generally. All the inhabitants of the City of Mesquite, Dallas County, Texas, as the boundaries and limits of said city are

herein established, or may hereafter be established, shall be a body politic, incorporated under, and to be known by the name and style of the "City of Mesquite," with such powers, rights and duties as are herein provided.