All persons holding elective offices that are retained under this Charter will continue to fill those offices for the terms to which they were elected and shall be elected prospectively in accordance with Section
2.01, “Form of Government”.
All persons holding administrative offices at the time this
Charter takes effect shall continue in office and in the performance
of their duties in the capacities to which they have been appointed
until provisions shall have been made in accordance with the terms
of this Charter for the performance of such duties or the discontinuance
of such office, if any. The powers conferred and the duties imposed
upon any office, department or agency of the Town 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 Town Council,
unless otherwise provided herein.
The proper operation of democratic local government requires
that Town officials are independent, impartial, and responsible only
to the residents of the town; all governmental decisions and policies
are made using the proper procedures of the governmental structure;
no Town official has any personal financial interest that is in conflict
with the proper discharge of his/her duties in the public interest;
public office shall not be used for personal financial gain; the Town
Council shall be maintained as a nonpartisan body; and Town officials
fully comply with all federal and state statutes, laws, and regulations
concerning conflicts of interest.
No member of the Town Council, the Mayor, or any other officer,
whether elected, appointed, paid or unpaid, who exercises responsibilities
beyond those that are advisory in nature, shall participate in a vote
or decision on a matter involving a business entity or real property
in which such officer has a substantial interest distinguishable from
the public generally if it is reasonably foreseeable that an action
on the matter would have an economic effect on the business entity
or on the value of the property.
No member of the Town Council, the Mayor, or any other officer,
whether elected, appointed, paid or unpaid, who exercises responsibilities
beyond those that are advisory in nature, shall have a financial interest,
direct or indirect, in any contract with the Town, or shall be financially
interested, directly or indirectly, in the sale to the Town of any
land, materials, supplies or service. Any willful violation of this
section shall constitute malfeasance in office, and any officer or
employee violating this section shall forfeit his office or position.
Any violation of this section, with the knowledge expressed or implied
of a person or corporation contracting with the Town, shall render
the contract involved voidable by the Town Council. For a period of
twenty-four (24) months after leaving office, no member of the Town
Council or the Mayor may conduct any type of personal business with
the Town that would have been prohibited by state law or this Charter
if that officer were still in office.
For a period of twelve (12) months after leaving office, no
member of the Town Council or the Mayor may be employed by the Town
as a paid employee.
No officer of the Town of Fairview shall appoint, vote for,
or confirm the appointment to any paid office, position, clerkship,
employment or duty, of any person related within the second degree
by affinity or within the third degree by consanguinity to any member
of the Town Council, Mayor or Town Manager, when the salary, fees,
or compensation of such appointee is to be paid for, directly or indirectly,
out of or from public funds or fees of office of any kind or character
whatsoever. This provision shall not prevent the appointment, voting
for, or confirmation of any person who shall have been continuously
employed in any such office, position, clerkship, employment or duty
for at least thirty (30) days, if the officer is appointed, or at
least six (6) months, if the officer is elected. When a person is
allowed to continue in any such position, the officer related shall
not participate in the deliberation or voting upon the appointment,
reappointment, employment, confirmation, re-employment, change in
status, compensation, or dismissal of such person, unless such action
is taken with respect to a bona fide class or category of employees.
The Town Council shall have the power to designate by resolution
a newspaper of general circulation in the Town as the Town’s
official newspaper. All ordinances, captions of ordinances, notices
and other matters required to be published by this Charter, by ordinance,
or by State law, shall be published in the official newspaper.
This Charter shall be recorded in the Town Secretary’s
office in a book kept for that purpose. As soon as practicable after
its adoption, an authenticated copy of the Charter shall be certified
to the Secretary of State of the State of Texas, at which time the
Charter becomes a public act. Such Charter provisions may be read
in evidence without pleading or proof of their provision, and judicial
notice shall be taken thereof in all courts and places.
No property owned or held by the Town shall be subject to any
garnishment or execution of any kind or nature except as specifically
provided by State law.
Town shall also have the power to acquire property within or
without its boundaries or within boundaries of other municipalities
for any public purpose, in fee simple or lesser interest or estate,
by purchase, gift, devise, lease, or eminent domain when necessary
or desirable to carry out any of the powers conferred upon it by this
Charter or by the Constitution and the laws of the State of Texas.
All meetings of the Town Council and all boards, commissions
and committees appointed by the Town Council shall be governed by
the provisions of Chapter 551, Texas Government Code and any amendments
thereto with regard to the posting of agenda and the holding of public
meetings. All public records of every officer, department or agency
of the Town shall be open to inspection by any citizen at all reasonable
business hours, provided that records excepted from public disclosure
by Chapter 552, Texas Government Code and any amendments thereto shall
be closed to the public and not considered public record for the purpose
of this section.
The Town Council shall, by appropriate ordinance, provide for
the indemnification and defense of the officers and employees of the
Town, including the members of the Town Council, or any board, commission,
or committee, including volunteers, against any loss, cost, or expense,
including court costs and attorney’s fees, to the extent allowed
by law, arising out of the claim, suit, or judgment or settlement
thereof, resulting from any alleged negligent act or omission of such
officer, employee, member, or volunteer during the discharge of his
duties and within the scope of his office, employment, membership,
or assigned voluntary position with the Town, or in any other case
where the Town is directed or authorized by law to do so. Such indemnification
will not be provided for any act arising out of the intentional or
knowing violation of any penal statute or ordinance or arising out
of any conduct determined by final judgment to be an act of fraud
or to have been taken with the intent to deceive or defraud, or for
any personal or private business of such officer, employee, member,
or volunteer, or for the gross negligence or official misconduct,
or willful or intentionally wrongful act, or omission of such officer,
employee, member, or volunteer.
Amendments of this Charter may be submitted by the Town Council to the qualified voters of the Town for their approval at an election, no more often than once every two (2) years, held in accordance with Chapter
9, Texas Local Government Code.
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 executed on behalf of said Town. 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 said Town shall be liable
as if such obligation had been duly given and executed.
If any chapter, section, paragraph, sentence, clause or phrase
of this Charter shall be held unconstitutional or invalid for any
reason by a court of competent jurisdiction, such holding shall not
affect the remainder of this Charter nor the context in which such
provision so held invalid may appear, except to the extent that an
entire chapter, section, paragraph, or sentence may be inseparably
connected in meaning and effect with the provision to which such holding
shall apply directly.
The provision[s] 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 “Town” shall
be construed to mean the “Town of Fairview,” and the word
“and” may be read “or” or the [word] “or”
may be read “and” if the sense requires. Words in the
present tense include future tense and, except when a more constrictive
meaning is manifest, singular may mean plural. The word “Council”
shall be construed to mean the Town Council of the Town of Fairview.
The gender of the wording as contained in the Charter shall always
be interpreted to mean either sex.
This Charter shall take effect immediately following adoption
by the voters and entry of the official order by the Town Council
declaring the same adopted as soon as practicable. After adoption,
the Mayor shall certify to the Secretary of State an authenticated
copy of the Charter under the Town’s seal showing approval by
the voters. The Town Secretary shall record the Charter in a book
kept for that purpose and keep and maintain the same as the official
record of the Town.