All ordinances, resolutions, rules and regulations in force in the City on the effective date of this Charter, and not in conflict with this Charter, shall remain in force until altered, amended or repealed.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 City, 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 City 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 and commissions appointed by the Council shall be governed by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code and any amendments thereto. This section shall not be construed to require any action or measure beyond that required by the aforementioned state statute.
Access to the records of every office, department or agency of the City shall be subject to public inspection as provided by Chapter 552 of the Texas Government Code and any amendments thereto. This section shall not be construed to require any action or measure beyond that required by the aforementioned State Statute.
The Council may designate, by resolution, a newspaper of general circulation in the City as the official newspaper of the City, and shall cause to be published therein all ordinances, notices and other matters which are required to be published by this Charter, the ordinances of the City or the Constitution or laws of the State of Texas.
Before the City shall be liable for any claim for damages for the death or personal injuries of any person or for damages to property, the complainant or his authorized representative shall notify the City Secretary. The notification shall be in writing and shall state specifically how, when and where the death, injury or damage occurred; the amount of loss claimed; and the identity of any witnesses upon whom it is relied to establish the claim. The person giving notice under this section shall give the addresses of every place that he has resided during the six (6) month period prior to the damage or injury and subscribe his name to the notice under oath that the statements and facts contained in said notice are true and correct. The notification shall be filed within six months of the date of injury or damage or in the case of death, within six months (6) of the date of death.
It shall not be necessary in any action, suit or proceeding in which the City is a party, for any bond, including supersedeas 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 such 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.
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.
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 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.
All members of the Council, including the Mayor, holding office at the time of passage of this Charter shall continue to hold their respective place and office until their respective term of office for which they were elected expires.
No property owned or held by the City shall be subject to any execution of any kind of nature.
No funds of the City or within the custody of the City or any of its officers in any official capacity shall be subject to garnishment and the City 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.
The City shall never be liable to the assignee of any wages of any officer, agent or employee of said City, whether earned or unearned, upon any claim or account whatsoever, and as to the City such assignment shall be absolutely void.
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.
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 “CITY” shall be construed to mean the “CITY OF RED OAK” 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 “CITY SECRETARY” refers to the person performing the duties of City Secretary. The word “COUNCIL” shall be construed to mean the “CITY COUNCIL OF ‘THE CITY OF RED OAK”
Amendments to this Charter may be framed and submitted to the voters of the City in the manner provided in Chapter 9 of the Texas Government Code, and as now or hereafter enacted.
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 City at an election to be held for that purpose on Saturday, January 18, 1997. Not less than thirty days prior to such election, the Council shall cause the City Secretary to mail a copy of this Charter to each qualified voter of the City 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 City, and after the returns have been canvassed, the same shall be declared adopted and the City Secretary shall file an official copy of the Charter with the records of the City. 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 City, shall be forwarded by the Mayor to the Secretary of the 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 City of Red Oak Charter Commission heretofore duly appointed to prepare a Charter for the City of Red Oak, Texas, do hereby certify that this publication constitutes a true copy of the proposed Charter for the City of Red Oak, Texas, as adopted by the members thereof.