The city shall be operated under the aldermanic form of government
and shall be governed by the provisions of chapters 1–10, title
28, Vernon’s Texas Civil Statutes. The governing body shall
be composed of a mayor and five (5) aldermen, all of whom shall be
elected at large. The mayor and two (2) aldermen shall be elected
in even-numbered years, and three (3) aldermen shall be elected in
odd-numbered years. The terms of the mayor and aldermen shall be for
two (2) years.
Editor’s note–The City of Onalaska
was incorporated as a result of an election held on July 12, 1971
(45 for, 18 against). The city council adopted the provisions of title
28, chapters 1–10 of the Revised Civil Statutes of the state
pursuant to Ordinance 42, at a regular meeting on July 13, 1982 (5
for, 0 against). The city, having operated under chapters 1–10,
title 28, V.T.C.S., is now designated as a type A general-law municipality
under the Local Government Code adopted by the state legislature in
1987.
(Ordinance 42 adopted 7/13/82; Ordinance adopting 1982 Code; 1982 Code, ch. 1, sec. 11)
All municipal elections held in the city shall be conducted
and results canvassed and announced by the election authorities as
prescribed by the general election laws of the state, and said general
election laws shall control in all municipal elections.
(Ordinance adopting 1982 Code; 1982
Code, ch. 1, sec. 14(A); Ordinance adopting 2015
Code)
The corporate seal of the city shall be an impression showing
a star enclosed by the words “City of Onalaska, Texas,”
in a circle as shown by the following, and such impression shall be
the corporate seal of the city:
 |
(Ordinance adopting 1982 Code; 1982
Code, ch. 1, sec. 18)
The city shall be a member of the Deep East Texas Council of
Governments for the purpose of joint planning and coordination of
governmental services and policies as authorized by sections 391.001–391.015,
Local Government Code, V.T.C.A., and the city secretary is hereby
authorized to pay the annual dues required for membership in said
council.
(Ordinance adopting 1982 Code; 1982
Code, ch. 1, sec. 13)
The city shall never be liable for any claim for property damage
or for personal injury, whether such personal injury results in death
or not, unless the person damaged or injured, or someone in his behalf,
or, in the event the injury results in death, the person or persons
who may have a cause of action under the law by reason of such death
or injury, shall, within sixty (60) days, or within six (6) months
for good cause shown, from the date the damage or injury was received,
give notice in writing to the mayor and city council of the following
facts:
(1)
The
date and time when the injury occurred and the place where the injured
person or property was at the time when the injury was received;
(2)
The
nature of the damage or injury sustained;
(3)
The
apparent extent of the damage or injury sustained;
(4)
A
specific and detailed statement of how and under what circumstances
the damage or injury occurred;
(5)
The
amount for which each claimant will settle;
(6)
The
actual place of residence of each claimant by street, number, city
and state on the date the claim is presented;
(7)
In
the case of personal injury or death, the names and addresses of all
persons who, according to the knowledge or information of the claimant,
witnessed the happening of the injury or any part thereof, and the
names of the doctors, if any, to whose care the injured person is
committed;
(8)
In
the case of property damage, the location of the damaged property
at the time the claim was submitted along with the names and addresses
of all persons who witnessed the happening of the damage or any part
thereof.
(Ordinance adopting 1982 Code; Ordinance 109, sec. 1, adopted 7/5/88; 1982 Code, ch. 1, sec. 17(A))
No suit of any nature whatsoever shall be instituted or maintained
against the city unless the plaintiff therein shall aver and prove
that previous to the filing of the original petition the plaintiff
applied to the city council for redress, satisfaction, compensation
or relief, as the case may be, and that the same was by vote of the
city council refused.
(Ordinance adopting 1982 Code; Ordinance 109, sec. 2, adopted 7/5/88; 1982 Code, ch. 1, sec. 17(B))
All notices required by this division shall be effectuated by
serving them upon the city secretary at the following location: City
Hall on FM 356 South and Old Trinity Road, and all such notices shall
be effective only when actually received in the office of the person
named above.
(Ordinance adopting 1982 Code; Ordinance 109, sec. 3, adopted 7/5/88; 1982 Code, ch. 1, sec. 17(C))
Neither the mayor, a city council member, nor any other officer
or employee of the city shall have the authority to waive any of the
provisions of this division.
(Ordinance adopting 1982 Code; Ordinance 109, sec. 4, adopted 7/5/88; 1982 Code, ch. 1, sec. 17(D))
The written notice required under this division shall be sworn
to by the person claiming the damage or injuries or by someone authorized
by him to do so on his behalf. Failure to swear to the notice as required
herein shall not render the notice fatally defective, but failure
to so verify the notice may be considered by the city council as a
factor relating to the truth of the allegations and to the weight
to be given to the allegations contained therein.
(Ordinance adopting 1982 Code; Ordinance 109, sec. 5, adopted 7/5/88; 1982 Code, ch. 1, sec. 17(E))
