All ordinances, resolutions, rules and regulations in force
in the Town on the effective date of this Charter or the effective
date of any subsequent amendments to this Charter, and not in conflict
with this Charter, shall remain in force until altered, amended or
repealed. All taxes, assessments, liens, encumbrances and demands,
of or against the Town, fixed or established before such date, or
for the fixing or establishing of which proceedings have begun at
such date, shall be valid when properly fixed or established either
under the law in force at the time of beginning of such proceedings
or under the law after the adoption of this Charter.
All persons holding administrative office at the time this Charter
takes effect shall continue in office and in the performance of their
duties until provision shall have been made in accordance therewith
for the performance of such duties or the discontinuance of such office.
The powers conferred and the duties imposed upon any office, department
or agency of the Town by the laws of the state shall, if such office,
department or agency be abolished by this Charter or under its authority,
be thereafter exercised and discharged by the office, department or
agency designated by the Council unless otherwise provided herein.
All meetings of the Council and all boards appointed by the
Council shall be governed by the provisions of V.T.C.A., Government
Code § 433, together with existing amendments as hereafter may
be made, and acts supplementary thereto.
All public records of every office, department or agency of
the Town shall be opened to inspection by any citizen at all reasonable
times, provided that such police records, vital statistics records,
or any other records which are closed to the public by law shall not
be considered public records for the purpose of this section.
The Council shall have the power to designate by resolution
a newspaper of general circulation in the Town as the official newspaper,
and shall cause to be published therein all ordinances, notices and
other matters which are required to be officially published by this
Charter, the ordinances of the Town, or the Constitution or laws of
the State of Texas.
The Town shall never be liable for any personal injury, whether
resulting in death or not, unless the person injured or someone in
his behalf, or in the event the injury results in death, the person
or persons who may have a cause of action under the law by reason
of such death injury, shall file a notice in writing with the Town
Secretary within thirty (30) days after the same has occurred, stating
specifically in such notice when, where and how the exact injury occurred,
the full extent of the injury, the amount of damages claimed or asserted,
and a list of persons, if known, who witnessed the injury. The Town
shall never be liable for any claim for damage or injury to personal
property unless the person whose personal property has been injured
or damaged, or someone in his behalf, shall file a claim in writing
with the Town Secretary within thirty (30) days after said damage
or injury occurred, stating specifically when, where and how the injury
was sustained. The person giving notice under this section shall give
the address of every place that he has resided during the six (6)
month period prior to the damage or injury, subscribe his name to
the notice under oath that the statements and facts contained in said
notice are true and correct.
It shall not be necessary in any action, suit or proceeding
in which the Town is a party, for any bond, undertaking or security
to be executed in behalf of said Town, but all such actions, suits,
appeals or proceedings shall be conducted in the same manner as if
such bond, undertaking or security had been given, and said Town shall
be liable as if such obligation had been duly given and executed.
This Charter shall be deemed a public act and shall have the
force and effect of a general law; may be read in evidence without
pleading or proof, and judicial notice shall be taken thereof in all
courts and places without further proof.
The Council shall have the power and authority to compromise
and settle any and all claims and lawsuits of every kind and character
in favor of or against the said Town, including suits by said Town
to recover delinquent taxes.
All contracts entered into by the Town 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.
All suits, taxes, penalties, forfeitures and all other rights,
claims, and demands, which have accrued under the laws, heretofore
in force governing the Town shall belong to and be vested in and shall
be prosecuted by and for the use and benefit of the corporation hereby
created, and shall not in any way be diminished, affected or prejudiced
by the adoption and taking effect of this Charter.
The Council serving at the time of the adoption of this Charter
shall continue to be, serve as, and to constitute the governing body
of the Town until the term to which they were elected shall have expired
and until their successors shall have qualified.
No property owned or held by the Town shall be subject to any
execution of any kind or nature.
No funds of the Town or within the custody of the Town or any
of its officials in any official capacity shall be subject to garnishment
and the Town shall never be required to answer in any garnishment
proceedings.
Persons serving on any board at the time of the adoption of
this Charter shall continue to serve on the board to which they were
appointed until their term shall have expired or until their successors
shall have qualified.
Except as may be required under state and/or federal law, no
assignment of wages or other compensation earned, or to be earned,
by any employee of the Town shall be valid and the Town shall never
be required to recognize any such assignment or to answer in any proceedings
thereon.
The general laws of the State of Texas and ordinances of the
Council shall furnish the authority for the power and exercise thereof
and control all matters to the extent not specifically and completely
covered by this Charter, and any amendment thereto.
If any section or part of section of this Charter shall be held
invalid by a court of competent jurisdiction, such holding shall not
affect the remainder of this Charter nor the context in which such
section or part of section so held invalid may appear except to the
extent that an entire section or part of section may be inseparably
connected in meaning and effect with the section or part to which
such holding shall directly apply.
The provisions of this Charter shall be liberally construed
for the purpose of effecting the objects and ends thereof. Unless
some other meaning is manifest the word “TOWN” shall be
construed to mean the “TOWN OF HIGHLAND PARK”, and the
word “AND”, may be read “OR” and the word “OR”
may be read “AND”, if the sense requires; the words in
the present tense include future tense, except when a more restricted
meaning is manifest, and singular may mean plural. Throughout this
Charter words used in expressing masculine gender shall be construed
to include the feminine. The word “TOWN SECRETARY” refers
to the person performing the duties of Town Secretary. The word “COUNCIL”
shall be construed to mean the “TOWN COUNCIL OF THE TOWN OF
HIGHLAND PARK”.
Amendments to this Charter may be framed and submitted to the voters of the Town in the manner provided in Chapter
13 of Title 28 of the Revised Civil Statutes of Texas, 1925, and as now codified in V.T.C.A., Local Government Code, § 5.903, Chapter
9, and § 51.078, inclusive, together with existing amendments as hereafter may be made, and acts supplementary thereto.
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 qualified
voters of the Town at an election to be held for that purpose on Tuesday,
August 26, 1975. Not less than thirty days prior to such election,
the Council shall cause the Town Secretary to mail a copy of this
Charter to each qualified voter of the Town as appears from the latest
certified list of registered voters. If a majority of the qualified
voters voting in such election shall vote in favor of the adoption
of this Charter, it shall become the Charter of the Town, and after
the returns have been canvassed, the same shall be declared adopted
and the Town Secretary shall file an official copy of the Charter
with the records of the Town. 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 Town, shall be
forwarded by the Mayor to the Secretary of State of the State of Texas
and shall show the approval of such Charter by majority vote of the
qualified voters voting at such election.
We, the undersigned members of the Town of Highland Park Charter
Commission heretofore duly elected to prepare a Charter for the Town
of Highland Park, Texas, do hereby certify that this publication constitutes
a true copy of the proposed Charter for the Town of Highland Park,
Texas, as unanimously adopted by the members thereof on August 26,
1975.
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WILLIAM H. SEAY Chairman
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HOBBY MCCALL, Vice Chairman
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MRS. DONALD SILLERS, Secretary
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JAMES B. AVERY
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MELVIN (BUD) GERTZ
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DAN L. BEAIRD
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JAMES B. GOODSON
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SAM P. BURFORD, SR.
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J. MURRAY HENRY
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LEO F. CORRIGAN, JR.
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MRS. JAMES W. KEAY
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FRED R. DEATON, JR.
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STEWART R. MILLER
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GIFFORD O. TOUCHSTONE
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JOHN L. LANCASTER, III
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H. LOU MORRISON, JR., LEGAL COUNSEL TO THE COMMISSION
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Further, we, the undersigned members of the 2004 Town of Highland
Park Charter Review Committee heretofore duly appointed to review,
and where necessary amend, the Charter for the Town of Highland Park,
Texas, do hereby certify that this publication constitutes a true
copy of the amended Charter for the Town of Highland Park, Texas,
as unanimously adopted by the members thereof on March 1, 2004.
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JOHN A. HAMMACK
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MRS. MITCH GRAY GILBERT
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ROBERT O. MULLINS
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WADE C. SMITH
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GIFFORD O. TOUCHSTONE
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ALBERT D. HAMMACK, LEGAL COUNSEL TO THE 2004 COMMITTEE
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