(a) 
In this section, a "substantial business interest" exists if a "substantial interest in business entity" exists for purposes of Section 171.002 of the Texas Local Government Code, as amended.
(b) 
No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, to the extent prohibited by state law, or shall be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies, or service where such financial interest is prohibited by state law.
(c) 
Restrictions relating to city business. An officer or employee may not, while in the service or employment of the city, either individually or as the officer or principal of a business entity:
(1) 
Enter into any business relationship with the city in which the officer or employee has a substantial business interest and where the monetary amount of such relationship is in excess of five hundred dollars ($500.00), whether or not the relationship is required by state law to be competitively bid, unless such relationship is authorized in advance by a majority vote of the council present and voting, and duly recorded.
(2) 
Exceptions. This restriction does not apply:
(A) 
To a member of:
(1) 
A board that functions only in an advisory or study capacity and that does not have the power to make findings as to the rights of specific parties; or
(2) 
A board of a nonprofit development corporation that acts as an instrumentality of the city;
(B) 
To any transactions by the officer or employee related to their official duties for the city or any reimbursements received by the officer or employee as a result of their official duties for the city.
(d) 
Any willful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his or her office or position. Any violation of this section, with the knowledge, express or implied, of the person or corporation contracting with the city, shall render the contract involved voidable by the city manager or the council.
(Ordinance 4267, sec. 2, adopted 1/16/93; Sec. 1 amnd. by amendment 7 approved at an election held 5/12/07 and certified by Resolution 5017 adopted 5/22/07)
Activities prohibited:
(a) 
No person shall be appointed to or removed from, or in any way favored or discriminated against, with respect to any city position or appointive city administrative office because of race, sex, political or religious opinions, or affiliations.
(b) 
No person shall wilfully make any false statement, certificate, mark, rating, or report in regard to any test, certification, or appointment under the personnel provisions of this charter, or the rules and regulations made thereunder, or in any manner commit or attempt to commit any fraud preventing the impartial execution of such provisions, rules, and regulations.
(c) 
No person who seeks appointment or promotion with respect to any city position or appointive city administrative office shall directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or in connection with his or her test, appointment, proposed appointment, promotion, or proposed promotion.
(d) 
No elected official of the City of Sherman, or city employee, shall solicit or assist in soliciting any assessment, subscription, or contribution for any political party or political purpose whatever from any person holding any compensated appointive city position.
(e) 
Any disbursement to or on behalf of any elected official in excess of two thousand five hundred dollars ($2,500.00), or the creation of any financial obligation in excess of two thousand five hundred dollars ($2,500.00) by any elected official must be authorized in advance by a majority vote of the council present and voting, and duly recorded.
(f) 
No person shall be qualified to serve the city in any capacity, except as an elected official, who is, or may become while in service, in arrears in the payment of taxes or other liabilities due the city other than credit union obligations.
(g) 
No elected official of the City of Sherman, city employee or city staff shall use, in any form or manner, the city's logo or city stationary [stationery] for any purpose other than that related to city matters. No other entities or individuals shall use the city logo for any purposes whatsoever without first obtaining the express written consent from the city.
Penalties. Any person who by himself or herself or with others wilfully violates any of the provisions of paragraphs (a) through (g) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as fixed by ordinance. Any person convicted under this section shall be ineligible for a period of five (5) years thereafter to hold any city office or position and shall immediately forfeit his or her office or position.
(Ordinance 4745, sec. 2, adopted 3/8/99; Subsec. (f) amnd. by 5/7/05 election, proposition no. 5)
All ordinances, resolutions, rules and regulations now in force under the city government of Sherman, and not in conflict with the provisions of this charter, shall remain in force under this charter until altered, amended, or repealed by the council after this charter takes effect; and all rights of the City of Sherman under existing franchises and contracts are preserved in full force and effect to the City of Sherman. Upon adoption of this charter, it shall constitute the Charter of the City of Sherman.
(a) 
All property, real and personal, belonging to the City of Sherman, is hereby vested in the corporation created by the adoption of this charter. The officers of said city now in office shall continue in same until superseded in conformity to the provisions hereof.
(b) 
All contracts entered into by the city, or for its benefit, prior to the taking effect of this charter, shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or ordinances existing at the time this charter takes effect may be carried to completion in accordance with the provisions of such existing laws or ordinances.
(c) 
All suits, taxes, penalties, forfeitures, and all other rights, claims, and demands, which have accrued under the laws heretofore in force governing the City of Sherman, shall belong to and be vested in and shall be prosecuted by and for the use and benefits of the corporation hereby created, and shall not in anyway be diminished, affected, or prejudiced by the adoption and taking effect of this charter.
All officers of the city shall, before entering upon the duties of their respective offices, take and subscribe to the official oath prescribed by the Constitution of the State of Texas. The oath of office shall be administered by the mayor, deputy mayor, director of public records, or any other person authorized by law to administer oaths.
Publicity of Records. In Accordance with the Texas Public Information Act, all records and accounts of every office, department, or agency of the city shall be open to inspection by any citizen, any representative of a citizen's organization, or any representative of the press at all reasonable times, subject to all lawful exceptions. Nothing shall preclude the city from charging reasonable fees for furnishing public records.
(Resolution 4442 adopted 5/6/03)
Editor's note–Former section 6, pertaining to the official newspaper was deleted in its entirety by Ordinance 6248 adopted 9/3/19.
The city shall not be held liable on account of any claim for damages to any person or property unless the person making such complaint of claiming such damage shall, within one hundred eighty (180) days after the time at which it is claimed such damages were inflicted upon such person or property, file with the director of public records a written statement under oath, stating the nature and character of such damages or injuries, the extent of the same, the place where same happened, the circumstances under which same happened, and the conditions causing same, with a detailed statement of each item of damages, and the amount thereof, and if it be for personal injuries, giving a list of any witnesses known to affiant to have seen the accident.
(Resolution 4442 adopted 5/6/03)
The property, real and personal, belonging to the city shall not be liable for sale or appropriation under any writ of execution. The funds belonging to the city in the hand of any person, firm, or corporation shall not be liable to garnishment on account of any debt it may owe, or funds or property it may have on hand or owing to any person. Neither the city nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents, or contractors.
It shall not be necessary in any action, suit, or proceedings in which the city shall be a party for any bond, undertaking, or security to be executed on behalf of the city; but all actions, suits, proceedings and appeals shall be conducted in the same manner as if such bond, undertaking, or security had been given. The city shall have all remedies of appeal provided by law to all courts without bond or security of any kind. For the purposes of all such actions, suits, proceedings and appeals, the city shall be liable in the same manner, and to the same extent as if the bond, undertaking, or security had been executed and given.
No person related within the second degree by affinity, or the third degree by consanguinity to the mayor, or any member of the city council, or the city manager shall be appointed to any paid office, position, clerkship, or other position of service of the city. This prohibition shall not apply to part-time or seasonal employment. This prohibition shall not apply to any person who shall have been employed by the city prior to and at the time of the election of the mayor, members of the city council, or the appointment of the city manager so related to him or her.
(Resolution 6300 adopted 11/20/17)
No member of the city council or employee of the city shall intentionally or knowingly solicit, accept or agree to accept from another any meaningful gain in consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion, and any employee of the City of Sherman who shall violate this section shall forfeit such employment, and any member of the council who shall violate this section shall forfeit their position as a member of the council.
(Ordinance 4745, sec. 2, adopted 3/8/99)
(a) 
Annexation generally.
The city council may by ordinance annex additional territory lying adjacent to the city, with or without the consent of the inhabitants or property owners of the territory annexed.
(Ordinance 3048, sec. 2(32), adopted 4/5/75)
(a) 
The city council may, upon its own motion or upon application of the city manager, appoint advisory boards or commissions as it may deem necessary, i.e., library board, charity board, etc. Any board or commission so appointed shall consist of such number as the city council may determine. The citizens, in the exercise of their power of initiation in the manner provided by this charter for the initiation of ordinances, may create such advisory board or boards, commission or commissions. The members of such boards and commissions shall serve without compensation. The duties of such boards and commissions shall be prescribed by ordinance.
(b) 
A Citizens Comprehensive Plan Committee shall be created with nomination by each member of the council and the mayor and confirmed by the council. This committee shall consist of seven (7) members whose terms shall be six (6) years, and the first members draw for three (3) and six (6) year terms. This committee shall advise the city council regarding any deviation from the city's comprehensive plan. The subsequent members will be nominated and confirmed by the city council.
This committee may also cooperate and work with the directors of civic minded nonprofit foundations created for the sole purpose of promotion and advancement of any civic activity, both material and cultural, of the City of Sherman.
If any section or part of a section of this charter is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not invalidate or impair the validity, force, or effect of any other section or part of a section of this charter.
Validity: All contracts, agreements, or other obligations entered into and all ordinances and resolutions passed and orders adopted by the city contrary to the substantive and procedural provisions of this charter shall be voidable at the sole election of the city council.
(Ordinance 4745, sec. 2, adopted 3/8/99)
(a) 
Proposal of amendment.
Amendments to this charter may be framed and proposed:
(1) 
In the manner provided by law,
(2) 
By ordinance of the council containing the full text of the proposed amendment and effective upon adoption, or
(3) 
By the voters of the city, or
(4) 
By report of a charter commission created by ordinance.
Proposal of an amendment by the voters of the city shall be by petition containing the full text of the proposed amendment, and shall be governed by the same procedures and requirements prescribed in Article IX for initiative petitions until such time as a final determination as to the sufficiency of the petition is made, except that there shall be no limitation as to subject matter and that the petition must be signed by qualified voters of the city equal in number to at least ten percent (10%) of the total number of qualified electors registered to vote at the last regular city election. The petitioners' committee may withdraw the petition at any time before the 15th day immediately preceding the day scheduled for the city vote on the amendment.
(b) 
Election for amendments.
Upon delivery to the city election authorities of the report of a charter commission or committee, or delivery by the city attorney of an adopted ordinance or a petition finally determined sufficient, proposing an amendment pursuant to subsection (a), the election authorities shall submit the proposed amendment(s) to the voters of the city at an election. Such election shall be announced by a notice containing a substantial copy of the proposed amendment(s) and shall be published on the same day in each of two (2) successive weeks on the City's official website, with the first publication occurring before the 14th day before the date of the election. Each amendment will not contain more than one subject. The election shall be held on the first authorized uniform election date prescribed by the Election Code and that occurs on or after the 30th day after the date the ordinance is adopted. If no regular election is to be held within that period, the council shall provide for a special election on the proposed amendment(s); otherwise the holding of a special election shall be within the discretion of the council. The form of ballot shall be as specified in Article III, Section 5.
(c) 
Adoption of amendment.
If a majority of the qualified voters of the city voting upon a proposed charter amendment vote in favor of it, the amendment shall become effective upon entry of an order by the municipality declaring that the charter amendment is adopted.
(d) 
Adoption of a new charter.
A new charter may be framed pursuant to the procedures as prescribed by state law.
(Ordinance 4267, sec. 2, adopted 1/16/93; Ordinance 6248 adopted 9/3/19)
This charter shall not be construed as a mere grant of enumerated powers, but shall be construed as a general grant of power, and as a limitation of power on the government of the City of Sherman in the same manner as the Constitution of Texas is construed as a limitation on the powers of the legislature. Except where expressly prohibited by this charter, each and every power under Article XI, Section 5 of the Constitution of Texas, which it would be competent for the people of the City of Sherman to expressly grant to the city, shall be construed to be granted to the city by this charter.
This charter shall be deemed a public act, and may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all courts and places.
All ordinances of the city published in book or pamphlet form by authority of the city council shall be admitted in evidence in all courts and places without further proof.
Editor's note–Former section 18 pertaining to the apportionment of costs of street improvements and deriving from Ordinance 3048, sec. 2(33), adopted 4/5/75, was deleted in its entirety by Resolution 6300 adopted 11/20/17.
The County of Grayson, the public free schools of the City of Sherman, and all other entities authorized by the State of Texas to levy and collect taxes shall be separate and free from the control, direction, and maintenance of the City of Sherman to the extent authorized by State or Federal statute or common law.
(Sec. 19 amnd. by amendment 5 approved at an election held November 2, 2010 and certified by Resolution 5535 adopted 11/15/10)