All public records and accounts of every office, department or agency of the City shall be open to inspection by any citizen, and representative of a citizens' organization or any representative of the press during regular business hours, provided that records that are closed to the public by law shall not be considered public records for the purpose of this section.
(Amended by Charter election called 5/6/00)
No member of the Council or any officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, unless the Councilmember, officer or employee has fully complied with the requirements of Chapter 171 of the Texas Local Government Code as it applies to conflicts of interest.
No officer or employee of the City of Brownfield shall ever accept, directly or indirectly, any gift, favor, privilege or employment valued over $25.00 from any firm, individual or corporation doing business or proposing to do business with the City; provided however, that policemen or firemen in uniform or wearing their official badges may accept such free services where the same is permitted by ordinance. Any officer or employee of the City who violates the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense, and shall forthwith be removed from office. This section does not prohibit the giving of gifts where the donor and recipient are kin by blood or marriage.
(Amended by Charter election called 5/6/00)
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 the City Manager shall be employed or appointed to any office, position or service in the City, except to the extent and in the manner allowed by the Texas Nepotism Statute, Chapter 573 of the Texas Government Code as it currently exists or may hereafter be amended.
(As Amended by Charter election called 5/6/00)
Every officer of the City shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation, to be filed and kept in the office of the City Secretary:
"I, __________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of __________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of __________, of the City of Brownfield, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and Laws of the United States and of this State and the Charter and ordinances of this City; and I furthermore solemnly sear (or affirm), that I have not directly nor indirectly aid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of appointment, to secure my appointment. So help me God."
__________ Officers' Name
Notice of Damage or Injury Required. The City of Brownfield shall never be liable for any personal injury, whether resulting in death or not, unless the person injured or someone in is behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the la by reason of such death injury, shall file a notice in writing with the City Manager or City Secretary within six (6) months after the same has been received, stating specifically in such notice when, where and how the exact injury occurred and the full extent thereof, together with the amount of damages claimed or asserted. The City of Brownfield 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 City Manager or the City Secretary within six (6) months after said damage or injury has occurred, stating specifically when, where and how the injury or damage occurred and the full extent thereof, and the amount of damage sustained. The City of Brownfield shall never be liable for any claim for damage or injury to real property caused by the negligent act or omission of its officers, servants, agents or employees, unless the person whose real property has been injured or damaged, or someone in his behalf, shall file a claim in writing with the City Manager or City Secretary within six (6) months after said damage or injury has occurred, stating specifically when, where and how the injury or damage occurred, and the amount of damage claimed. The City of Brownfield shall never be liable on account of any damage or injury to person or to personal property arising from or occasioned by any defect in any public street, highway, alley, grounds or public work of the City of Brownfield unless the specific defect causing the damage or injury shall have been actually known to the City Manager, or to the Director of Public Works at least twenty-four (24) hours prior to the occurrence of the injury or damage, or unless the attention of the City Manager or Director of Public Works shall have been called thereto by a notice thereof in writing at least twenty-four (24) hours prior to the occurrence of the injury or damage and proper diligence has not been exercised to rectify the defect. The notice herein required to be given to the City Manager or Director of Public Works of the specific defect causing the damage or injury shall apply where the defect arose from any omission of the City itself, through its agents, servants or employees, or acts of third parties.
(Amended by Charter election called 5/6/00)
The City 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, except suits by the City to recover delinquent taxes.
(Amended by Charter election called 5/6/00)
I shall not be necessary in any action, suit or proceeding in which the City of Brownfield is a party, for any bond, undertaking or security to be demanded of, or executed by or in behalf of said City in any of the State courts, but in all such actions, suits, appeals or proceedings same shall be conducted in the same manner as if such bond, undertaking or security has been given as required by law, and said City shall be just as liable as if security or bond had been duly executed.
The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any writ of execution or cost bill. No public property of any other character owned or held by the City of Brownfield shall be subject to execution of any kind or nature. 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 owe 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 funds by its employees, agents or contractors.
The City Council shall have the right to remit in whole or in part any fine or penalty belonging to the City, which may be imposed under any ordinance or resolution passed in pursuance of this Charter.
Any real property owned by the City of Brownfield may be sold or leased (See Oil & Gas Lease Section 149a) by the City Council when in its judgment such sale or lease will be for the best interests of the City; provided however, a sale or a lease for more than five (5) years shall never become effective until thirty (30) days after passage of the ordinance or resolution affecting the same. If, during such thirty day period, a referendum petition is presented to the City Secretary which in all respects conforms to the referendum provisions of Article XI of this Charter, and same is found sufficient, then the Secretary shall certify the sufficiency of same to the City Council, and an election shall be called submitting the question of whether or not the sale or lease, as the case may be, shall be consummated. Provided further, however, the provisions of this section shall not apply to public utilities, nor to property purchased by the City at tax sales.
Any of the real estate belonging to the City of Brownfield, or any part thereof, or interest in oil, gas or other minerals owned by the said City, or any part thereof, may be leased by the City Council of the City of Brownfield when in its sole discretion such oil, gas or other mineral lease shall be for the best interest of the said City. Such lease shall be made upon such terms, conditions, covenants, bonuses, annual delay rentals, rentals, royalties, overriding royalties, oil payments as to the Council may seem proper in the premises and no notice of the making of such oil, gas or other mineral lease shall be necessary. Such lease may be granted at a regular meeting, or special, meeting of the Council called for that purpose, at which regular or special meeting at least four (4) of the members of the City Council (which number may include the Mayor) shall be present, and such lease shall be executed by the Mayor of the said City, his signature attested to by the City Secretary.
All ordinances, resolutions, rules and regulations now in force under the City government of the City of Brownfield and not in conflict with the provisions of this Charter, shall remain in force under this Charter until altered, amended or repealed by the Council after this Charter takes effect; and al rights of the City of Brownfield under existing franchises and contracts are preserved in full force and effect to the City of Brownfield. Upon adoption of this Charter it shall constitute the Charter of the City of Brownfield.
All contracts entered into by the City, 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 City of Brownfield, 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 anywise be diminished, affected or prejudiced by the adoption and taking effect of this Charter.
This Charter shall be liberally construed to carry out its intents and purposes. 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 that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.
The City Council shall have the power by ordinance, to renumber and rearrange all articles, sections and paragraphs of this Charter or any amendments thereto and to correct incorrect or obsolete references to state or federal law provided such amendments shall not constitute substantive changes to the meaning or intent of this Charter. Upon passage of such an ordinance, a copy thereof, certified by the City Secretary shall be forwarded to the Secretary of State for filing.
(Added by Charter election 5/6/00)
Amendments to this Charter shall be as provided by the Revised Civil Statutes of the State of Texas, and the Constitution of the State of Texas; as it is now written or as it may hereafter be amended, and amendments to this Charter shall comply in every respect with the Constitution and Laws of the State of Texas.
The Charter Commission in preparing this Charter, finds and decides that it is impractical 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 City of Brownfield at an election to be held for that purpose on the sixteenth day of November, A.D., 1954. 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 City of Brownfield and after the returns have been canvassed, the same shall be declared adopted.
An official copy of the Charter shall be filed with the records of the City and the Mayor shall as soon as practicable certify to the Secretary of State an authenticated copy under the seal of the City, showing approval by the qualified voters of such Charter.
No elective officers under this Charter shall be voted on at the time this Charter is voted on. But the first election to be held to elect the elective officials as provided in this Charter shall be on the first Tuesday in April, A.D., 1955. Until which said time and qualification, the elective officials so to be elected under the provisions hereof on the first Tuesday in April, A.D., 1955, and on the first Tuesday in April, A.D., 1956, the present City Council and Mayor shall constitute and be the governing body of the City of Brownfield as provided in the terms of this Charter, and said present officials shall be governed by the terms of this Charter immediately upon its passage and taking effect which action in the opinion of the Charter Commission of the City of Brownfield as heretofore elected will cause less interruption in handling of business of the City of Brownfield than it would to call an earlier election for the supplying of officers, provided for in the terms of this Charter. It being the intention and meaning of the Charter Commission of the City of Brownfield that the present City Administration is in effect fully filling the job of the business of the City of Brownfield, and to call an earlier special election for the sole purpose of providing officers would provide unnecessary expense and cause unnecessary interruptions in handling the business of the City of Brownfield. As provided herein the present Council and Mayor of the City of Brownfield, shall continue in office until a successor or successors have been elected and qualified.
In not less than thirty (30) days prior to the election for presentation of this Charter to the voters the City Council shall cause the City Secretary to mail a copy of this Charter to each qualified voter of the City of Brownfield as appears from the tax collector's roll for the year ending January 1953 preceding said election.
/S/ Fred C. Smith,
Chairman, Charter Commission, City of Brownfield.
/S/ T. A. Hicks,
Secretary, Charter Commission, City of Brownfield.