The Mayor, Council members and other officers and employees of the City shall not be interested either directly or indirectly in the profits or emoluments of any contract, job, work or service for the City of Midlothian; nor shall any of them be interested either directly or indirectly in the sale to the City of any supplies, equipment, material or articles purchased nor shall any of them be the owner of stock in any public utility or public service corporation operating under franchise or license of the City of Midlothian. Any contract in which any officer or employee of the City has an interest or shall acquire an interest may be declared void by the City Council. Any violations of this Section shall result in the forfeiture of office, position or job.
All elected officers of the City shall, before entering upon the duties of their respective offices, take and subscribe the official oath prescribed by the Constitution of the State of Texas. The oath of office shall be administered by the Mayor, Mayor Pro Tem, City Secretary or any other person authorized by law to administer oaths.
The City 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, with sixty (60) days after the time at which it is claimed such damages were inflicted upon such person or property, file with the City 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 conditions causing same, with a detailed statement of each item of damages and the amount thereof, and if it be for personal injuries, giving a list of any witnesses known by affiant to have seen the accident.
The property, real and personal, belonging to the City shall not be liable for sale or appropriation under any writ of execution. The funds belonging to the City in the hands of any person, firm or corporation shall not 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.
It shall not be necessary in any action, suit or proceedings in which the City shall be a party for any bond, undertaking or security to be executed in behalf of the City, but all actions, suits, and proceedings shall be conducted in the same manner as if such bond, undertaking, or security had been given. The City shall have all remedies of appeal provided by law to all courts without bond or security of any kind. For the purposes of all such actions, suits, proceedings and appeals, the City shall be liable in the same manner and to the same extent as if the bond, undertaking or security had been executed and given.
No person related within the second degree by affinity, or the third degree by consanguinity to the Mayor or any member of the City Council shall be appointed to any paid office or position of the City. This prohibition shall not apply to any person who shall have been employed by the City for two (2) years or more prior to and at the time of the election of the Mayor, or members of the City Council or the appointment of the City Manager so related to him or her.
The City Council may establish fire zones and prescribe the kind and character of materials to be used in buildings constructed within such zones.
For the purpose of nominating and electing members of the Council, the provisions of this Charter shall be in effect for the regular municipal election to be held in April, 1981. For all other purposes this Charter shall be in effect as provided in Section 15.19.
All ordinances, resolutions, rules and regulations of the City of Midlothian heretofore ordained, passed or enacted, that are in force at the time this Charter becomes effective, and which are not in conflict with such Charter, shall remain in full force until altered, amended or repealed by the City Council after such Charter takes effect.
If any section or part of a section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not effect [affect] the remainder of this Charter nor the context in which such section or part of a 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.
This Charter may be amended in accordance with the procedures set forth in Article 1170, Revised Civil Statutes of Texas, as amended or as may be hereafter amended.
(a)
Rights and Privileges Preserved.
Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are City officers or employees at the time of its adoption.
(b)
Continuance of Office or Employment.
Except as specifically provided by this Charter, if at the time this Charter takes full effect a City administrative officer or employee holds any office or position [sic] until the taking effect of some specific provision under this Charter directing that he vacate the office or position. Any elected officer whose office becomes appointive or is or may be abolished by this Charter shall continue in office to which he or she was elected until his or her term expires, at which time such elective office is abolished as such.
(a)
Transfer of Powers.
If a City department, office or agency is abolished by this Charter, the powers and duties given it by law shall be transferred to the City department, office or agency designated in this Charter or, if the Charter makes no provision, designated by the City Council.
(b)
Property and Records.
All property, records and equipment of any department, office or agency existing when this Charter is adopted shall be transferred to the department, office or agency assuming its powers and duties, but, in the event that the powers or duties are to be discontinued or divided between units or in the event that any conflict arises regarding a transfer, such property, records or equipment shall be transferred to one or more departments, offices or agencies designated by the Council in accordance with this Charter.
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 City department, office or agency appropriate under this Charter.
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.
Whenever the context shall so require, the words “he,” “him,” “his,” “Council Member,” and all other words herein in the male or neuter gender shall be deemed to include the female gender, all singular words shall include the plural, and all plural words shall include the singular.
From and after the date of adoption of this Charter and until the first regular City election thereunder and the qualifications of the Mayor and Council Members therein elected, the Mayor and Council then in office shall continue in office and shall exercise all of the powers conferred upon the City by this Charter.
The additional member of the City Council provided by this Charter shall be appointed by the Mayor, to be confirmed by a majority vote of the City Council. This appointment shall be in full force and effect until the first general city election in April, 1981.
The Charter Commission in preparing this Charter finds and declares that it is impracticable to segregate each subject so that the voter may vote “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 said Charter be voted upon as a whole, and that it shall be submitted to the qualified voters of the City of Midlothian at an election to be held for that purpose on the 9th day of August, 1980. If said Charter is approved by a majority of the qualified voters voting at said election, it shall become the Charter of the City of Midlothian upon the entering upon the records of said City by the governing body of such City an official order declaring the adoption of said Charter.
The Charter Commission further directs that in order to permit an orderly transition from government of the City’s affairs under the provisions of the general laws to those prescribed by this Charter, this Charter shall become effective and its provisions shall not be in force until October 1, 1980.