Every citizen shall have the right to examine during office hours any and all books, vouchers, records, and papers belonging to the city and shall have the right to take copies. It shall be the duty of the proper custodian of such papers and records to produce and exhibit any such papers or records demanded to be inspected by any such citizen.
No person related within the second degree of affinity, or within the third degree of consanguinity, to members of the city council or city manager shall be appointed to any office, position or service in the city; but this provision shall not affect officers or employees who are already employed by the city at the time when any officer who may be related within the named degree takes office.
The council shall by ordinance provide regulations for the drilling, spacing, completion, and operation of oil, gas and commercial and/or industrial water wells within the territorial limits of the City of Monahans; but such regulations shall not prohibit the drilling or operation of domestic water wells, but shall insure that the fresh water supply will not be contaminated.
Every person elected or appointed to office in the city shall, before entering upon the duties of his office, take and subscribe the official oath prescribed by the state constitution.
It shall not be necessary in any action, suit or proceeding in which the City of Monahans is a party, for any bond, undertaking or security to be demanded or executed by or on behalf of said city 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, and said city shall be just as liable as if security or bond had been duly executed.
No execution shall be issued or levied by virtue of any judgment that may be recovered against the city, except as hereinafter provided, but the council shall provide for the payments of judgments in the levying of taxes next after the final recovery of such judgments against the city. All assets of the city, including lands, houses, monies, debts due to the city, personal and real property, and assets of every description belonging to the city, shall be exempt from execution and sale, except as hereinafter provided, but the city shall make provisions, by taxation or otherwise, for the payment of any and all indebtedness incurred by the city. No writ of garnishment shall issue against the city to satisfy any debt due or which may hereafter become due from the city to any person or corporation, or any claim or demand upon any fund in the hands of said city or any of its officers; nor shall the city or any on its officers or agents be required to answer any writ of garnishment.
(Ordinance 1310 adopted 5/16/2023)
Certified copies of the records, papers and books of city officers or employees shall be admissible in evidence when certified by the custodian of such papers, books and records, and attested by him under his seal, if he have one; provided, that for issuing such certified copies the city shall receive such fees as may be provided by ordinance.
All of the powers granted by Title 28 Chapter 4, Articles 1011a to 1011j, both inclusive, of the 1925 Revised Civil Statutes of Texas, together with existing amendments and all amendments that hereafter may be made relating to zoning in cities, are hereby adopted, and made a part of this charter.
This charter may be amended at the time and in the manner provided by Chapter 13, Title 28, Revised Civil Statutes of 1925, as now or hereafter amended.
Should any article, section, part, paragraph, sentence, phrase, clause or word of this charter, for any reason, be held illegal, inoperative or invalid, or if any exception to or limitation upon any general provision herein contained be held to be unconstitutional or invalid or ineffective, the remainder shall, nevertheless, stand effective and valid as if it had been enacted without the portion held to be unconstitutional or invalid or ineffective.
The charter commission in preparing this charter finds that it is impracticable to segregate each subject so as to permit a vote or “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 the said charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of Monahans at an election to be held for that purpose on Saturday, October 30, 1954. Not less than thirty (30) days prior to such election the city council shall cause the city secretary to mail a copy of this charter to each qualified voter of the City of Monahans, as appears from the tax collector’s roll for the year ending January thirty-first, preceding said election. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this charter, it shall become the charter of the City of Monahans, effective the first Tuesday in April, 1955, and after the returns have been canvassed, the same shall be declared adopted and the city secretary shall file an official copy of the charter with the records of the city. The city secretary shall furnish the mayor a copy of said charter, which copy of the charter so adopted, authenticated and certified by his signature and the seal of the city, shall be forwarded by the mayor to the secretary of state of the State of Texas, and shall show the approval of such charter by majority vote of the qualified voters at such election.