(A) 
The boundaries and limits of the Town of Providence Village shall be as established by incorporation and modified by subsequent annexations and disannexations. The Town shall maintain an official map of its boundaries in accordance with State law. The boundaries and limits of the Town of Providence Village, until changed in the manner provided herein, shall be the same as have heretofore been established and as exist on the date of the adoption of this Charter.
(B) 
The Town Council shall have the power by ordinance by a majority vote, to fix the boundary limits of the Town of Providence Village, and to provide for the alteration and extension of said boundary limits and the annexation of additional territory lying adjacent to the Town, with or without the consent of the inhabitants of the territory annexed. Upon final passage of an annexation ordinance in the original or amended form, the boundary limits of the Town shall thereafter be as fixed in such ordinance and when any additional territory has been so annexed, the same shall be a part of the Town of Providence Village and the property situated therein shall bear its pro rata part of the taxes levied by the Town, and thereafter the inhabitants thereof shall be entitled to all the rights and privileges of all citizens of the Town, and shall be bound by the acts, ordinances, resolutions and regulations of the Town.
(C) 
The Town Council may, in its exclusive discretion, by ordinance by a vote of not less than three (3) concurring votes of the full membership of the Town Council, exclude from the Town any territory within the corporate limits of the Town, provided however, that such disannexation shall not cause an area to be entirely surrounded by the Town unless the Town Council finds, before completing the disannexation, that surrounding the area is in the public interest.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
Property, real and personal, belonging to the Town shall not be liable to be sold or appropriated under any writ of execution or cost bill. Funds belonging to the Town in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment or sequestration; nor shall the Town be liable to garnishment on account of any debt it may owe or funds or property it may have on hand owing to any person. Neither the Town nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatsoever.
(B) 
The Town shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors, except as provided by the laws of this State or the United States of America.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
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 demanded or executed by or on behalf of the Town. All such actions shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The Town shall not be held liable on account of any claim for the death of any person or injuries to any person or damage to any property unless the person making such complaint or claiming such damages shall, within 180 days after the time such injuries or damages were inflicted upon such person or property, file with the Town a written statement, under oath, stating the nature and character of such damages or injuries, the extent of the same, the place where same happened, the circumstances under which same happened and the condition causing same, with a detailed statement of each item of damages and the amount thereof, giving a list of any witnesses known.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The Town 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 Town, including suits by the Town to recover delinquent taxes.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
All legal process against the Town shall be served upon either the Town Secretary or the Town Manager, who shall each have the ability to authorize the Town Attorney to accept service on their behalf.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
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.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by the Town department, office or agency appropriate under this Charter.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
Except as otherwise provided by the laws of this State or the United States of America, no property of any kind, by whomsoever owned or held or by whatsoever institution, agency, political subdivision or organization, owned or held, whether in trust or by non-profit organization, or corporation, or by foundation, or otherwise, (except property of the Town), shall be exempt in any way from any of the special taxes, charges, levies and assessments, authorized or permitted by this Charter or State law, for local improvements, for the public welfare.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
In addition to any provisions contained herein, the Town Council may require any Town official, department director, or Town employee, before entering upon his or her duties, to execute a good and sufficient bond with a surety company doing business in the State of Texas and approved by the Town Council. The premium of such bond shall be paid by the Town.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
In case of disaster when a quorum of the Town Council cannot be assembled, either in person or by electronic means, due to multiple deaths or injuries, the surviving persons of the Town Council, or highest surviving Town official, if no elected official remains, must, within seventy-two (72) hours of such disaster, (a) request the local Chamber of Commerce Board of Directors, the Board of Trustees of a local school district, and the Commissioners Court of Denton County, or the highest surviving officer of such entities if such Board or Court is also unable to establish a quorum due to the emergency, to each appoint one person to a three (3) person “emergency commission” to act, in lieu of a Town Council, on emergency items only. Should any of the aforementioned entities fail to promptly appoint a member to the emergency commission, then a request shall be made to any homeowners’ association located entirely within the Town’s corporate limits to appoint members, and (b) request the governor to authorize a Town emergency election under Section 41.0011 of the Texas Election Code or as otherwise provided in the Texas Election Code, for election of a required quorum, if for good reasons it is known a quorum of the present Town Council will never again meet. Members of the emergency commission must be residents of the Town and at least 18-years of age, but if there are not three (3) persons qualified and willing to serve, then members must be residents or employees of Denton County.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
All meetings of the Town Council, the Planning and Zoning Commission and the Board of Adjustment shall be governed by provisions of Chapter 551 of the Texas Government Code and any amendments thereto with regard to the posting of agenda and the holding of public meetings. All public records of every office, department, or agency of the Town shall be open to inspection by any person at all reasonable business hours, provided that records excepted from public disclosure by Chapter 552 of the Texas Government Code and any amendment thereto shall be closed to the public and not considered public records for the purpose of this section.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The Council shall, by appropriate ordinance, provide for the indemnification and defense of the officers and employees of the Town, including members of the Council, or any board, commission, or committee, including volunteers, against any loss, cost, or expense, including court costs and attorney’s fees, to the extent allowed by law, arising out of any court claim, suit, or judgment, or settlement thereof, resulting from any alleged negligent act or omission of such officer, employee, member, or volunteer during the discharge of his duties and within the scope of his office, employment, membership, or assigned voluntary position with the Town, or in any other case where the Town is directed or authorized by law to do so, provided however, that such indemnification will not be provided for any act arising out of the intentional or knowing violation of any penal statute or ordinance or arising out of any conduct determined by final judgment to be an act of fraud or to have been taken with the intent to deceive or defraud, or for any personal or private business of such officer, employee, member, or volunteer, or for the gross negligence or official misconduct, or willful act of such officer, employee, member or volunteer.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)