Every ordinance or resolution, upon its becoming effective, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the Mayor or Mayor [Pro tem] and attested by the City Secretary as herein provided, which book and a duplicate copy thereof shall be kept in a fireproof City depository. All public records of every office, department, or agency of the City shall be open to, inspection by any citizen at all reasonable times, provided that police records and vital statistics records, and any other records closed to the public by law, shall not be considered public records for the purposes of this Section.
No officer or employee of the City of Glenn Heights shall have a financial interest, direct or indirect, 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, except on behalf of the City as an officer or employee. Any knowing and willful violation of this Section shall constitute malfeasance in office and any officer or employee guilty thereof shall be removed from his/her office or position. Any violation of this Section with the knowledge, expressed or implied, of the person or corporation contracting with the governing body of the City shall render the contract involved void.
No person related within the second degree by affinity, or the third degree consanguinity to the Mayor, any member of the City Council, or the City Manager shall be appointed to any paid office, position, clerkship, or other service of the City. This prohibition shall not apply, however, to any person who shall have been employed by the City prior to and at the time of the election of the Councilmembers, or appointment of the City Manager, so related to him/her.
No officer or employee of the City of Glenn Heights shall accept, directly or indirectly, any gift, favor, privilege or employment from any public utility corporation enjoying a grant of any franchise privilege or easement from said City, during the term of office of such officer or during the employment of such employee of the City, except as may be authorized by law or ordinance. Any employee or officer of the City who shall violate the provisions of this Section shall be guilty of a misdemeanor and shall be punished by such fine as may be prescribed by ordinance for this offense, and may be forthwith, removed from office.
All subcontractors, materialmen, mechanics and laborers upon any public works of the City of Glenn Heights are hereby required to notify the City of all claims they may have against the contractor on account of such work, subject to proof of payments by the said contractor, and where such notice has been given, the City shall retain an amount from any funds due the contractors, sufficient to satisfy such claims; provided that such notice must be given at any time after such indebtedness becomes due and before the City’s final settlement with the contractor and provided further, that no contractor or subcontractor shall issue any checks on or on account of, any public works of said City.
The City of Glenn Heights shall not be held responsible on account of any claim for damages to any person unless the person making such complaint or claiming such damages shall, within ninety (90) days after the time at which it is claimed such damages were inflicted upon such person, file with the City Secretary, a true statement under oath, as to the nature and character of such damages or injuries, the extent of the same, and the place where same happened, the circumstances under which same happened, 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 the witnesses, if any known to affiants, who witnessed such accident.
The property, real and personal, belonging to said City shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to said City, in the hands of any person, be liable to garnishment on account of any debt the City may owe or funds the City may have on hand due any person, nor any of its officers or agents shall be required to answer any writ of garnishment on any account whatsoever, nor shall said City be liable to the assignee of any wages of any officer, agent or employee of said City, whether earned or unearned, upon any claim or account whatsoever, and any such attempted assignment shall be absolutely void as to the City.
The governing body of the City of Glenn Heights shall require sufficient payment and performance bonds of all contractors, with a good corporate surety thereon, acceptable to the governing body of the City of Glenn Heights.
Whenever, in the opinion of the governing body of the City of Glenn Heights, or appropriate city official, any building, fence, shed, awning, eave, excavation, structure, object or thing of any kind or part thereof may fall or collapse and injure persons or property, the City may order the owner or agent of the same or occupant of the premises to take such corrective measures as the governing body may direct, and may punish by fine all persons failing to do so. Upon his failure to comply, the governing body shall have the additional power to remove the same on account of the owner of the property and assess the expenses thereof, including condemnation proceedings, as a special tax against the land or improvements, and the same may be collected as other special taxes provided for in this Charter, or by suit in any court of competent jurisdiction.
The City of Glenn Heights shall have the power to prohibit the erection or construction of any building or structure of any kind within the City of Glenn Heights without a permit first having been issued by the City for the construction or erection of such building or structure, and may authorize a fee to be charged for such permit, and in pursuance of said authority may authorize the inspection by the City of all buildings or structures during the progress of their construction and may require that all buildings shall be constructed in conformity with the building code which exists in said City or shall hereafter be passed.
The City of Glenn Heights shall have the power to control or prohibit construction of pools, ponds, or lakes, receiving water from a recognizable stream, creek, branch, or natural drainage. The City may control location, construction, height of structure, depth and size of body of water to be impounded. No pool, pond, or lake, receiving water from a recognizable stream, creek, branch, or natural drainage, shall be constructed without first obtaining a permit issued by the City.
In addition to any bonding provisions herein provided, the Council shall require not less than $25,000 for the Tax Collector, and may require any city official, department director or city employee before entering upon his/her duties, to execute a good and sufficient bond with a surety company doing business in the State of Texas, and approved by the Council, as surety thereon, said bond to be in such amount as Council may demand payable to the City of Glenn Heights, and conditioned for the faithful performance of the duties of his office [the] premium of such bond to be paid by the City.
This Charter may be amended no more than once every two (2) years as provided by the laws of the State of Texas.
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.
In the wording of the Charter, the use of the singular number shall include the plural, and the plural shall include the singular. Words used in the masculine gender shall include the feminine also unless by reasonable construction, it appears that such was not the intention of this Charter.
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 Glenn Heights in the same manner on as the Constitution of Texas is construed as a limitation on the powers by of the Legislature. Except where expressly prohibited by this Charter, each and every power under Article 11, Section 5 of the Constitution of Texas, which it would be competent for the citizens of the City of Glenn Heights to grant expressly to the City, shall be construed to be granted to the City by the Charter.
No property of any kind, church, school, or otherwise, in the City shall be exempt from any of the special taxes and assessments authorized by it this Charter for local improvements unless the exemption is required by a state law.
(Ordinance O-06-17 adopted 7/18/17)
No member of the City Council shall be individually liable or accountable in damages as a result of any actions taken by the member in performance of official duties.
The Council shall have the power, by ordinance, to renumber and rearrange all Articles, Sections, and paragraphs of the Charter or any amendments thereto, as it shall deem appropriate, and upon the passage of any such ordinance, a copy thereof certified by the City Secretary, shall be forwarded to the Secretary of State for filing.
This Charter, if adopted, shall become effective from and after the votes cast at the election at which it is submitted to the voters shall have been counted and the result of said election declared and an order or ordinance shall have been entered upon the records of the City Council declaring it adopted. All amendments to this Charter shall become effective from and after the votes cast at the election at which such amendments are submitted to the voters shall have been counted and the result of said election declared and an order or ordinance shall have been entered upon the records of the City Council declaring such amendments to be adopted.
(Amended at election of May 4, 2002)
In the event that a typographical, grammatical, gender-specific or other non-substantive error in the Charter are identified, that the Council may, by a majority vote, correct the same, provided that no such correction may alter the substantive meaning of any provision of the Charter.
(Amended by Ordinance O-846-07 at an election held May 12, 2007, prop. 14; Amended by Res. Res. R-27-18 at an election held on November 6, 2018, prop. D)
The City Manager shall ensure that a current disaster response plan is maintained by the City that is consistent with state and federal law regarding disaster response. The City Council shall, by ordinance, define an order of succession of authority, also consistent with state and federal law, to address chain of command in the event of disaster and/or the multiple deaths, injuries, or unavailability of City officials.
(Amended by Ordinance O-846-07 at an election held May 12, 2007, prop. 13; Ordinance O-06-17 adopted 7/18/17)
Within eighteen (18) months of adoption of this section, the City Council shall, by Ordinance, adopt a Code of Ethics to govern the conduct of all City officials, including all members of all City councils, boards, committees, or commissions, while such persons hold such position or office. The Code of Ethics will not apply to or govern employees or independent contractors of the City. At a minimum, the Code of Ethics shall incorporate the conflict of interest standards that appear in chapter 171 of the Texas Local Government Code and all state law as presently exists or may hereafter be amended or adopted. The City Council may adopt more stringent standards than those that appear in state law, but the Code of Ethics shall at a minimum include the following components: (a) definition of a prohibited improper economic interest and personal gain; (b) definition of recusal and improper participation when a potential conflict of interest is present; (c) avoidance of appearance of conflict of interest; and (d) administration and enforcement of the Code of Ethics coupled with strong and meaningful remedies for infraction. Prior to adoption of the Code of Ethics, the City Council may establish and appoint qualified voters to serve as members of an Ethics Advisory Commission, which Commission shall be charged with preparing and presenting to the City Council for its consideration a proposed Code of Ethics.
(Added by Res. R-27-18 at an election held on November 6, 2018, prop. E)