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)