Meetings of all elected commissions and all boards or commissions
appointed by the City Council shall be open to the public in accordance
with the laws of the State of Texas.
Meetings of the City Council shall be held in accordance with provisions of Article III, Section 3.08 of this Charter. Minutes, transcriptions, and electronic recordings shall be maintained in accordance with State Law.
Municipal records shall be available for public inspection during
normal business hours, in accordance with State Law. The cost to any
person requesting reproduction of public records, shall be established
by the City Council.
This Charter shall become effective on and after the date and
time of the first meeting of the City Council following the election
at which a majority of votes cast by qualified voters of the City
affirms adoption of this Charter. The City Council shall, immediately
after canvassing said election, declare by resolution that this Charter
is adopted. The City Council shall then order that this resolution
be recorded upon the records of the City of Joshua, Texas, and the
records of the Secretary of the State of Texas, as prescribed by the
laws of the State of Texas.
Amendments to this charter may be formulated and submitted to
the voters as provided by State Law.
Elected officials, officers, or employees of the City having
a direct or indirect interest in any proposed or existing contract,
purchase, work, sale, or service to, for, or by the City shall not
vote or render a decision, or use that position, authority, or influence
in any manner that would result in personal betterment, financially
or otherwise, to any degree. Elected officials, officers, or employees
shall publicly disclose any such interest upon assumption of office
or prior to consideration of any such matters. Any elected official,
officer, or employee who willfully conceals such interest or willfully
violates the requirements of this section shall be guilty of malfeasance
in office or position, and shall forfeit the office or position. Violation
of this section with the knowledge, express or implied, of the person
or corporation contracting with or making a sale to the City shall
render such contract or sale voidable by the City Manager or City
Council.
Pursuant to Texas state law regarding nepotism, no person related
within the second degree by affinity or within the third degree by
consanguinity to the Mayor or any Councilmember or the City Manager
shall be employed by or contracted with for the City. This shall not
apply to the following:
A.
Any person
employed by the City prior to the person related in the above degree
filing to run for elective office or being nominated for an appointment,
or
B.
Any person
who is a seasonal employee or intern of the City.
(Ordinance 861-2023 adopted 5/11/2023)
A.
Required
for certain employees.
Department directors and all employees
whose duties include the handling of money belonging to the City,
shall before entering upon the duties of employment make bond with
a responsible surety company acceptable to the City Council for an
amount determined by the City Council.
B.
Premium.
The city shall pay the premium for the bond.
C.
Conditions.
The City Council may require that surety bonds are further conditioned
that:
The City may accept monetary aid or other character of aid or
benefit from the Federal Government, the State Government, the County
Government, and from any agency thereof, and/or any individual, and/or
a private agency; and shall have the full right, power and authority
to do the things and perform the acts necessary to permit the City
to receive such aid.
Other than diminutive matters, no officer or employee of the
City of Joshua shall ever accept, directly or indirectly, any gift,
favor, privilege, or employment from any firm, individual, or corporation
doing business or proposing to do business with the City of Joshua.
Any officer or employee of the City who violates the provisions of
this section shall be guilty of a misdemeanor and may be punished
by any fine that may be prescribed by Ordinance for this offense,
and shall forthwith be removed from office.
City funds shall be deposited as required by State Law.
Before the City of Joshua shall be liable in damages for the
death or personal injuries of any person or for damage to or destruction
of property of any kind that does not constitute a taking or damaging
of property under the Constitution of Texas, the person injured or
if deceased his or her representative(s) shall give the City Council
or City Manager notice in writing of such death, injury, damage or
destruction, duly verified by affidavit, within three (3) months after
same has been sustained. Such written notice shall state specifically
when, where, and how such death, injury, damage, or destruction occurred,
the apparent extent of any such injury; the amount of damages sustained;
the street and number of the actual residence of the claimant at the
date the claim is presented; the actual residence of the claimant
six (6) months immediately preceding the occurrence of such death,
injury, damage, or destruction and the names and addresses of all
witnesses upon whom it is relied to establish the claim for damages.
The failure to so notify the City Council or City Manager within the
time and manner specified herein shall exonerate, excuse, and exempt
the City from any liability whatsoever. No act of any officer or employee
of the City shall waive compliance or stop the City from requiring
compliance, but the provision may be waived by resolution of the City
Council, made and passed after the expiration of the three (3) month
period herein provided and evidenced by minutes of the City Council.
The City Council shall, by resolution, designate one or more
local newspaper(s) of general circulation in the City as the official
newspaper(s) for publication of official business. All ordinances,
notices, and other matters that are required to be published officially
by this Charter, the ordinance of the City, or the laws of the State
of Texas shall be publicized once in said medium.
(Ordinance 861-2023 adopted 5/11/2023)
The gender of wording used throughout this Charter shall be
interpreted to mean either sex.
The word “voter,” as referred to in this Charter,
shall be defined as conforming to State Law.
Before entering upon the duties of their respective offices,
all elected or appointed officials and members of boards and commissions
of the City shall take and subscribe to any oath(s) required by State
Law.
It shall not be necessary in any action, suit, or proceeding
in which the City of Joshua is a part for any bond, undertaking, or
security to be executed in 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 the
City shall be liable as if such obligation had been given and executed.
No funds of the City or within custody of the City or any of
its officials in any official capacity shall be subject to garnishment,
and the City shall not be required to answer in any garnishment proceedings,
except where provided by State or Federal Laws. No public property
or any other character of property owned or held by the City of Joshua
shall be subject to execution of any kind or nature.
Pursuant to the obligations imposed on this Charter Commission
by law, said Commission has determined and hereby certifies:
A.
That this
Charter is a true and correct copy of the Charter prepared by this
Charter Commission.
B.
That, in
the submission of this Charter to the voters, it would be impractical
to segregate each subject for a separate vote thereon for the reason
that the Charter is so constructed that, in order to enable it to
work and function, it is necessary that it be adopted in its entirety;
therefore, it is submitted so as to be voted upon as a whole.
C.
That the
election for this purpose shall be held in the City of Joshua on the
8th day of August 1998.
D.
That the
Charter Commission completed its work on the 22nd day of May 1998.
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PROPOSED BY THE, JOSHUA HOME RULE CHARTER COMMISSION:
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ROBBY RAY ALLEN
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L.O. BENTLEY
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WAYNE BOYDSTON
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LARRY BRADFORD
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GAYLORD CARLOCK
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D’WILL JONES
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A.J. LAMBERT
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NORMA LAY
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BOBBY LEWIS
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GAYLE LUCK
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THOMAS ROBISON
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R.A. SLACK
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WAYNE SMITH
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CHARLES D. VADEN
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SONDRA WATSON
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