All public records of every office, department or agency of
the city shall be open to inspection as provided in Article 6252-17a,
Revised Civil Statutes of Texas, as amended, known as the Open Records
Act.
The council shall by resolution designate a public newspaper
of general circulation in the city as official organ thereof, and
to continue as such until another is designated, and shall cause to
be published therein all ordinances, notices and other matter required
by this charter, by the ordinances of the city, or by the Constitution
and/or laws of the State of Texas to be published.
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 or city manager shall be employed or appointed to any
office, position or clerkship of the city. This prohibition shall
not apply, however, to any person who shall have been employed by
the city at least two (2) years prior to and at the time of the election
or appointment of the officer related in the prohibited degree.
No member of the "...city council, mayor, or employee..." of
the city shall have a financial interest, direct or indirect, in any
contract with the city, nor shall be financially interested, directly
or indirectly, in the sale to the city of any land, or rights or interest
in any land, materials, supplies or service. The above provision shall
not apply where the interest is represented by ownership of stock
in a corporation involved provided such stock ownership amounts to
less than one (1) percent of the corporation stock or as falls within
the scope of Article 2529c of the Revised Civil Statutes of Texas
as now or hereafter amended. Any willful violation of this section
shall constitute malfeasance in office, and any officer or employee
of the city in violation thereof shall forfeit his office or position.
Any violation of this section with the knowledge, express or implied,
of the persons or corporation contracting with the city shall render
the contract voidable by the city manager or the city council.
The property, real and personal, belonging to the city shall
not be liable to be sold or appropriated under any writ or execution
or cost bill. The funds belonging to the city, in the hands of any
person, firm or corporation, shall not be liable to garnishment, attachment
or sequestration; nor shall the city be liable to garnishment on account
of any debt it may own 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 fund by its employees, agents or contractors.
The council shall have the authority to compromise and settle
any and all claims and lawsuits of every kind and character in favor
of or against the city.
Before the city shall be liable to damage, claim or suit for
personal injury, death or damage to property, the person who is injured
or whose property has been damaged or someone in his behalf shall
give the city manager or the city secretary notice in writing, duly
sworn, within thirty (30) days after the date of the alleged damage
or injury stating specifically in such notice when, where and how
the injury or damage was sustained, setting forth, the extent of the
injury or damage as accurately as possible, and giving the names and
addresses of all witnesses known to the claimant upon whose testimony
claimant is relying to establish the injury or damage. Nothing herein
contained shall be construed to mean the city waives any rights, privileges,
defenses or immunities in actions which are provided under the common
law, the Constitution and laws of the State of Texas.
(a) Activities Prohibited:
(1) 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.
(2) 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 test, appointment,
proposed appointment, promotion or proposed promotion.
(3) No city officer, employee or candidate for city office shall orally,
by letter or otherwise solicit or assist in soliciting any assessment,
subscription or contribution for any candidate or for any political
party or political purpose whatever from any person holding any compensated
city position.
(b) Penalties:
Any person who either by himself or with others willfully violates any provisions of the foregoing Sections
13.08(a) shall be ineligible for appointment or election to a position in the city for a period of four (4) years, and if he is an officer or employee of the city at the time of such violation, he shall immediately forfeit the office or position he holds.
The present fire limits, as they have from time to time been
extended by various ordinances, are now retained and confirmed, subject
to future change in the fire limits as may from time to time be made
by ordinance. The city council may by ordinance restrict the type
of construction and activity allowed within the fire limits.
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 holding shall not invalidate or impair the validity, force or
effect of any other section or part of a section of this charter.
The charter commission in preparing this charter concludes that
it is impracticable to segregate each subject so as to permit a vote
of "yes" or "no" on the same, for the reason that the charter is so
constructed that in order to enable it to work and function, it is
necessary that it should be adopted in its entirety. For these reasons,
the Charter Commission directs that the said charter be voted upon
as a whole and that it shall be submitted to the voters of the City
of Hillsboro at the regular election to be held on April 4, 1981.
Not less than thirty (30) days prior to such election, the city council
shall cause the city secretary to mail a copy of this charter to each
registered voter of the City of Hillsboro, and after the returns have
been canvassed, the same shall be declared adopted and the city secretary
shall file an official copy of the charter with the records of the
city. The secretary shall furnish the mayor a copy of said charter,
which copy of the charter so adopted, authenticated and certified
by his signature and the seal of the city, shall be forwarded by the
mayor to the Secretary of the State of Texas and shall show the approval
of such charter by majority vote of the registered voters voting at
such election.
Amendments to this charter may be framed and submitted to the voters of the city in the manner provided by Chapter
13 of Title 28 of the Revised Civil Statutes of Texas, 1925, as now or hereafter amended.
In order to preserve unity, the council shall have the power,
by ordinance, to renumber and rearrange all articles, Sections and
paragraphs of this charter or any amendments thereto, and upon the
passage of any such ordinance, a copy thereof certified by the mayor,
shall be forwarded to the Secretary of State for filing.
The mayor and city secretary, along with any other person authorized
by the laws of the State of Texas, are hereby authorized to administer
oaths in all affairs of the city.
This charter shall be deemed a public act, may be read in evidence
without pleading or proof, and judicial notice shall be taken thereof
in all courts and places.