This Charter shall not be construed as a mere grant of enumerated powers, but shall be construed as a general grant of power, and not as a limitation of power on the government of the Town. Except where expressly prohibited by this Charter, each and every power under the Constitution of Texas, which it would be competent for the people of the Town to grant expressly to the Town, shall be construed to be granted to the Town by this Charter.
Access to the records of every office, department or agency of the Town shall be subject to public inspection as provided by law. This section shall not be construed to require any action or measure beyond that required by state law.
No property owned or held by the Town shall be subject to any execution of any kind or nature. No lien of any kind or character can be created, and none shall ever exist or be established, on or against the public buildings, property, public halls, parks, or public works or any other asset of the Town.
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 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.
(a)
Before the Town 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 Town Secretary in accordance with this Section. 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 notification shall be filed within sixty (60) days of the date of injury or damage or in the case of death, within sixty (60) days of the date of death.
(b)
No provision of this section shall ever be so construed as to expand the ordinary liability of the Town; and provided, that nothing herein contained shall be construed to mean that the Town, waives any rights, privileges, defenses or immunities in tort actions which are provided under the common law, the Constitution, and general laws of the State of Texas.
The governing body shall have the right to remit, in whole or in part, any civil fine or penalty belonging to the Town, which may be imposed under any ordinance passed pursuant to this Charter.
No property of any kind regardless of the ownership of the property, (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, for local improvement, for the public welfare except where such exemption is required by law or where Council has the discretion to authorize such exemption and a majority of Council votes to approve such exemption.
The provisions of the State laws governing the selection and designation of a Town depository are hereby adopted as the law governing the selection and designation of a depository of and for the Town.
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.
If any section or part 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 any entire section, or part of section, may be inseparably connected in meaning and effect, with the section or part of [the] section to which such holding shall directly apply. The Charter is translated in Spanish. For purposes of interpretation and enforcement, in the event of conflict, the English version of the Charter shall prevail.
The provisions of this Charter shall be construed for the purpose of effecting the objects and ends thereof. All references to state law or laws of the State of Texas, however expressed, shall mean “as presently enacted or hereinafter enacted.” All gender references shall be interpreted to include both masculine and feminine.
The Council shall have the power, by ordinance, to renumber, rename and rearrange all articles, sections and paragraphs of this Charter, or any amendments thereto, and to correct clerical, typographical or grammatical errors within the Charter, as it shall deem appropriate, provided that such action does not change the meaning or effect of any part hereof, and, upon the passage of any such ordinance, a copy thereof, certified by the Town Secretary, shall be forwarded to the Secretary of State of the State of Texas for filing.
(Section 11.12 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 16, adopted 5/21/13)
Amendments to this Charter may be framed and submitted to the voters of the Town in the manner provided by State law.
(a)
The Town Council shall adopt by ordinance a code of ethics and conduct that is consistent with the provisions of this Charter and applicable to elected officers, appointed board, commission, and committee members, and employees of the Town.
(b)
The Town Council shall establish by ordinance an independent Ethics Commission to administer and enforce the Code of Ethics and Conduct ordinance. No member of the Commission may hold elective or appointed office under the Town or any other government or hold any political party office. The Town Council shall appropriate sufficient funds to the Ethics Commission to enable it to perform the duties assigned.
(Section 11.14 added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 21, adopted 5/18/09)
The Council shall appoint a Charter Review Commission at intervals of not more than ten (10) years. The Commission shall consist of nine (9) qualified voters of the Town. Each councilmember shall appoint one member to serve on the Charter Review Commission, and remaining members shall be appointed by vote of the Council. The Commission shall review the Town Charter and make Charter amendment recommendations, where appropriate, that will help protect or enhance the rights, powers and benefits of all Trophy Club residents. It shall be the duty of the Charter Review Commission to:
(a)
Inquire into the operation of the Town government under the Charter and determine whether any provisions require revision. To this end, public hearings may be held;
(b)
Propose any recommendations it deems desirable to ensure compliance with this Charter;
(c)
Propose amendments to this Charter to improve its effective application to current conditions; and
(d)
Report its findings and present its proposed amendments to the Town Council.
The Council shall receive and have published in the Town’s official newspaper the Charter Review Commission’s final report. It shall consider any recommendations and, if any amendments are presented, may order the amendment or amendments submitted to the voters of the Town. |
The term of office of the Commission shall be six (6) months or longer if extended by the Council and, at the completion of such term, a report of the proceedings of the Commission shall be filed with the Town Secretary and shall become public record. |
(Section 11.15 added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 22, adopted 5/18/09; First paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 17, adopted 5/21/13; Grammatical error corrected by Ordinance 2015-43, sec. 2.03, adopted 12/8/15; Section 11.15 added by November 3, 2020 election, effected by Ordinance 2020-21, prop. B, adopted 11/17/20)