All persons holding elective offices that are retained under this Charter will continue to fill those offices for the terms to which they were elected and shall be elected prospectively in accordance with Section
2.01, “Form of Government.”
All persons holding administrative offices at the time this
Charter takes effect shall continue in office and in the performance
of their duties in the capacities to which they have been appointed
until provisions shall have been made in accordance with the terms
of this Charter for the performance of such duties or the discontinuance
of such office, if any. The powers conferred and the duties imposed
upon any office, department, or agency of the City by the laws of
the state of Texas 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 City Council, unless otherwise provided herein.
No Member of the City Council, the Mayor, or any other officer,
whether elected, appointed, paid or unpaid, who exercises responsibilities
beyond those that are advisory in nature, shall participate in a vote
or decision on a matter involving a business entity or real property
in which such officer has a substantial interest, as defined by Chapter
171, Texas Local Government Code, if it is reasonably foreseeable
that an action on the matter would have an economic effect on the
business entity or on the value of the property that is distinguishable
from the effect on the public.
If the officer, or a person related to the officer within the
first degree of affinity or consanguinity, has a substantial interest
in a business entity that would be specially affected by an official
action of the City Council, the officer, if a member of the City Council,
shall file an affidavit stating the nature and extent of the interest
and abstain from further participation in the matter. Any willful
violation of this section shall constitute malfeasance in office,
and any officer or employee found by a court of competent jurisdiction
to have violated this section shall forfeit his/her office or position.
Any violation of this section, with the knowledge, expressed or implied,
of a person or corporation contracting with the City, shall render
the contract involved voidable by the City Council.
No member of the City Council, Mayor, or City Manager shall
appoint, vote for, or confirm the appointment to any paid office,
position, clerkship, employment or duty, any person, related within
the second degree of affinity or within the third degree of consanguinity
to any member of the City Council, Mayor, or City Manager, when the
salary, fees, or compensation of such appointee is to be paid for,
directly or indirectly, out of or from public funds or fees of office
of any kind or character whatsoever. This provision shall not prevent
the appointment, voting for, or confirmation of any person who shall
have been continuously employed in any such office, position, clerkship,
employment, or duty for at least thirty (30) days if the officer is
appointed, or at least six (6) months if the officer is elected. When
a person is allowed to continue in any such position, the officer
related shall not participate in the deliberation or voting upon the
appointment, reappointment, employment, confirmation, re-employment,
change in status, compensation, or dismissal of such person, unless
such action is taken with respect to a bona fide class or category
of employees.
The City Council shall have the power to designate by resolution
a newspaper of general circulation in the City as the City’s
official newspaper. All ordinances, captions of ordinances, notices
and other matters required to be published by this Charter, by ordinance,
or by State law, shall be published in the official newspaper or other
form of media allowed by state law.
(Amended 5/7/22)
This Charter shall be recorded in the City Secretary’s
office in a book kept for that purpose. As soon as practicable after
its adoption, an authenticated copy of the Charter shall be certified
to the Secretary of State of the state of Texas, at which time the
Charter becomes a public act. Such Charter provisions may be read
in evidence without pleading or proof of their provision, and judicial
notice shall be taken thereof in all courts and places.
No property owned or held by the City shall be subject to any
garnishment or execution of any kind or nature except as specifically
provided by State law.
All meetings of the City Council and all boards, commissions
and committees appointed by the City Council shall be governed by
the provisions of Chapter 551, 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 officer, department, or agency
of the City shall be open to inspection by any citizen at all reasonable
business hours, provided that records excepted from public disclosure
by Chapter 552, Texas Government Code and any amendments thereto shall
be closed to the public and not considered public record for the purpose
of this section.
The City Council shall, by appropriate ordinance, provide for
the indemnification and defense of the officers and employees of the
City, including the Members of the City 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 the 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 City, or in any other case
where the City is directed or authorized by law to do so. 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 or intentionally wrongful act, or omission of such officer,
employee, member, or volunteer.
The City of Celina shall never be liable for any personal injury
or death, or for claims for damages or injury to real or personal
property, alleged to have been caused by the negligent act or omission
of any officer, agent, or employee of the City unless the person who
has been injured, the person whose property has been injured or damaged,
or someone on his/her behalf, shall file a claim in writing with the
Risk Management Coordinator within six months after said injury, death,
or damage has occurred, stating specifically when, where, and how
the injury, death, or damage occurred, the full extent thereof, the
amount of damages claimed or asserted, and the basis claimed for liability
on the part of the City.
(Amended 5/7/22)
Amendments of this Charter may be submitted by the City Council to the qualified voters of the City for their approval at an election, no more often than once every two (2) years, held in accordance with Chapter
9, Texas Local Government Code.
It shall not be necessary in any action, suit, or proceeding
in which the City is a party, for any bond, undertaking, or security
to be executed on behalf of said City. 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 City shall be liable
as if such obligation had been duly given and executed.
If any chapter, section, paragraph, sentence, clause, or phrase
of this Charter shall be held unconstitutional or invalid for any
reason by a court of competent jurisdiction, such holding shall not
affect the remainder of this Charter nor the context in which such
provision so held invalid may appear, except to the extent that an
entire chapter, section, paragraph, or sentence may be inseparably
connected in meaning and effect with the provision to which such holding
shall apply directly.
The provision[s] 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 “City” shall
be construed to mean the “City of Celina,” and the word
“and” may be read “or” or the word “or”
may be read “and” if the sense requires. Words in the
present tense include future tense and, except when a more constrictive
meaning is manifest, singular may mean plural. The word “Council”
shall be construed to mean the City Council of the City of Celina.
The gender of the wording as contained in the Charter shall always
be interpreted to mean either sex.
This Charter shall take effect immediately following adoption
by the voters and entry of the official order by the City Council
declaring the same adopted as soon as practicable. After adoption,
the Mayor shall certify to the Secretary of State an authenticated
copy of the Charter under the City’s seal showing approval by
the voters. The City Secretary shall record the Charter in a book
kept for that purpose and keep and maintain the same as the official
record of the City.