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 Council Member 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
purpose of this section.
(Amended, 11-5-91)
No officer or employee of the City of Euless 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 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 voidable at the discretion
of the governing body.
(Amended, 11-5-91)
No person related within the second degree by affinity, or the
third degree by 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 Mayor
or Council Member, or appointment of the city manager, so related
to him.
(Amended, 11-5-91)
No officer or employee of the City of Euless 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 officer or employee of the
City who shall violate the provisions of this section shall be punished
as may be prescribed by law for such offense.
(Amended, 11-5-91)
A Mayor or Council Member may, upon notice and hearing, with
opportunity to respond, be removed from office by the unanimous vote
of remaining Council Members for official misconduct or incompetency.
A Mayor or Council Member removed for official misconduct or incompetency
shall not be eligible for re-election to the same office for two years
after the date of removal.
(Amended, 11-5-91)
All subcontractors, materialmen, mechanics and laborers upon
any public works of the City of Euless are hereby required to notify
the City of all claims they may have against the contractor on account
of such work, and when 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.
(Amended, 11-5-91)
The City of Euless shall not be held responsible on account
of any claim for damages to any person or property unless the person
making such complaint or claiming such damages shall, within appropriate
periods prescribed by law or ordinance of the City, file with the
city secretary a written statement under oath, detailing the incident,
and if it be for personal injuries, giving a list of the witnesses,
if any known to affiants, who witnessed such accident or such other
or further report as may be required by applicable law or ordinance.
(Amended, 11-5-91)
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
shall any of its officers or agents 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.
(Amended, 11-5-91)
The governing body of the City of Euless shall require good
and sufficient bonds of all contractors, with a good corporate surety
thereon, acceptable to the governing body of the City of Euless.
(Amended, 11-5-91)
Whenever, in the opinion of the governing body of the City of
Euless, or appropriate city official, any building, fence, shed, awning,
cave, 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 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 same may be collected as other special
taxes provided for in this Charter, or by suit in any court of competent
jurisdiction.
(Amended, 11-5-91)
The City of Euless shall have power to prohibit the erection
or construction of any building or structure of any kind within the
City of Euless 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.
(Amended, 11-5-91)
The City of Euless shall have power to control or prohibit the
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.
(Amended, 11-5-91)
In addition to any bonding provisions herein provided, the Council
may require any city official, department director or city employee,
before entering upon his 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 the Council may demand, payable to the City of Euless, and
conditioned for the faithful performance of the duties of his office;
premium of such bond to be paid by the City.
(Amended, 11-5-91)
This Charter may be amended no more than once every two (2)
years as provided by the laws of the State of Texas.
(Amended, 11-5-91)
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.
(Amended, 11-5-91)
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.
(Amended, 11-5-91)
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 Euless 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 Euless to grant expressly to the City, shall
be construed to be granted to the City by this Charter.
(Amended, 11-5-91)
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.
(Amended, 11-5-91)
The Council shall have the power, by ordinance, to renumber
and rearrange all articles, sections, and paragraphs of this 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.
(Amended, 11-5-91)
It shall not be necessary in any action, suit or proceeding
in which the City is a party, for any bond, undertaking or security
to be executed by or on behalf of said City.
(Amended, 2-18-69; amended, 11-5-91)
