The availability to the public of information collected, assembled
or maintained by the City of Greenville pursuant to ordinance or law
or in connection with the transaction of official business, shall
be governed by the constitution and statutes of the State of Texas.
No member of the Council or employee of the city shall violate
any provisions of Chapter 171 of the Local Government Code of the
State of Texas, as now or hereafter amended. Any willful violation
of this section shall constitute malfeasance in office and any member
of the Council, officer, or employee guilty thereof shall forfeit
the office or position. Any violation of this section with the knowledge,
express or implied, of the person or corporation contracting with
the city shall render the contract voidable by the City Council.
(Prop. No. 13, 1984; Prop. No. 1,
2000)
No officer, or employee of the City of Greenville, shall ever
accept, directly or indirectly, any gift, favor, privilege or employment
from any Public Utility, as that term is defined by the Texas Utilities
Code, or corporation enjoying the grant of any franchise, privilege
or easement from the city, or in any manner conducting or doing business,
or proposing to do business, with the City of Greenville, during the
term of office of such officer, or during such employment of such
employee, except as may be authorized by law or ordinance; provided,
however, that policemen and 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 shall violate
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.
(Prop. No. 33, 2000; Prop. J, 2018)
No person related within the second degree of affinity or within
the third degree of consanguinity, to members of the City Council
or City Manager shall be appointed to any office, position or service
in the city, but this provision shall not affect officers or employees
who are already employed by the city at the time when any officer
who may be related within the named degree takes office.
No person shall be qualified to hold a municipal office or serve
the city in any other capacity who is, or may become while in service,
in arrears in the payment of taxes or other liabilities due the city.
(Prop. No. 29, 2013)
Every officer of the city shall, before entering upon the duties
of his or her office, take and subscribe to the following oath or
affirmation, to be filed and kept in the office of the City Secretary:
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"I __________ do solemnly swear (or affirm), that I, will faithfully
execute the duties of the office of __________, of the City of Greenville,
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 swear (or affirm), that I have not directly nor indirectly
paid, 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."
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(Prop. No. 2, 2000)
The City of Greenville shall never be liable for any personal
injury, whether resulting in death or not, unless the person injured
or someone in his or her behalf, or in the event the injury results
in death, the person or persons who may have cause of action under
the law by reason of such death or injury, shall file a notice in
writing with the City Manager or City Secretary within ninety (90)
days 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 Greenville 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 or her behalf,
shall file a claim in writing with the City Manager or the City Secretary
within ninety (90) days 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 Greenville 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 Greenville unless the specific defect
causing the damage or injury shall have been actually known to the
City Manager 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 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.
(Prop. No. 9, 1992; Prop. No. 2,
2000; Prop. No. 13, 2010)
The City Council shall have the power to compromise and settle
any and all claims and lawsuits of every kind and character in favor
of or against the city, including suits by the city to recover delinquent
taxes.
All legal process against the city shall be served upon the
Mayor, or City Secretary.
(Prop. No. 5, 1992; Prop. No. 34,
2000)
It shall not be necessary in any action, suit or proceeding
in which the City of Greenville is a party, for any bond, undertaking
or security to be demanded or executed by or on behalf of said city
in any of the state courts, but in all actions, suits, appeals or
proceedings same shall be conducted in the same manner as if such
bond, undertaking or security had been given as required by law, and
said city shall be just as liable as if security had been duly executed.
No lien of any kind shall ever exist against any property, real
or personal, owned by the city except that the same be created by
this charter.
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. 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.
No property of any kind, church, school, or otherwise, in the
City of Greenville, shall be exempt from any of the special taxes
and assessments authorized by this charter for local improvements
unless the exemption is required by state law.
Any real property owned by the City of Greenville may be sold
or exchanged by the City Council when in its judgment such sale or
exchange will be for the best interests of the city. Such sale or
exchange may be made only after compliance with the requirements of
state law.
(Prop. No. 8, 1984; Prop. No. 1,
2000)
(Repealed by Prop. No. 6, 2000)
(Repealed by Prop. No. 6, 2000)
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 to the extent that an entire section or part of section may
be separably connected in meaning or effect with the section or part
of section to which such holding shall directly apply.
(Prop. No. 1, 2010)
Amendments to this charter may be framed and submitted to the
electors of the city in the manner provided by Chapter 9 of the Local
Government Code of the State of Texas, as now or hereafter amended.
The City Council may pass an Ordinance by a Supermajority vote
to update code references in the Charter that have been recodified
by the Texas Legislature, but may not change the meaning of any Charter
section without a Charter Election.
(Prop. No. 14, 1984; Prop. No. 1,
2000; Prop. No. 11, 2015)
(Repealed by Prop. No. 6, 2000)
This charter, if adopted, shall become effective and operative
on April 10, 1954.
The charter commission in preparing this charter finds and decides
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 charter be voted upon
as a whole and that it shall be submitted to the qualified voters
of the City of Greenville at an election to be held for that purpose
on the twenty-first day of November, A.D., 1953. 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 Greenville 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 the approval by the qualified voters of such charter.
In 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 qualified voter of the City of Greenville as appears
from the Tax Collector’s roll for the year ending January thirty-first
(31st) preceding said election.
The city shall not be bound by unauthorized acts, representations
or omissions of its officials, employees, or agents. No unauthorized
act, representation or omission of the city, its employees, agents
or officials shall work to estop the city from the enforcement of
its laws or the carrying out of its public duties.
(Prop. No. 14, 1992)
Four (4) out of seven (7) City Council votes for City Council
business;
More than half of the City Council votes of those present;
Five (5) out of seven (7) City Council votes.
(Prop. No. 30, 2013)
