All City ordinances, resolutions, rules, and regulations in force at the time of the adoption of this Charter and not in conflict with it shall remain in force until altered, amended, or repealed by the City Council. All rights of the City under existing franchises and contracts are preserved in full force and effect. All taxes, assessments, liens, encumbrances, obligations, and demands of or against the City, fixed or established before such date, shall be valid if properly fixed or established either under the law in force at the time of such proceedings or under the law after the adoption of this Charter.
(Ordinance 2022-12-02 adopted 12/6/2022)
All persons holding elective or 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 elected or 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 City 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 City Council unless otherwise provided herein.
(Ordinance 2022-12-02 adopted 12/6/2022)
All members of the City Council and all members of any board, commission, or committee of the City shall be subject to State laws regarding conflicts of interest. Any willful violation of applicable conflict of interest State laws shall constitute malfeasance in office and any person found guilty thereof shall thereby forfeit his or her office or position. Any violation of applicable conflict of interest State laws with the knowledge, actual or constructive, of the person or corporation contracting with the governing body of the City shall render the contract or transaction involved voidable by the City Manager or the City Council by the affirmative vote of a majority of the full membership of the City Council.
(Ordinance 2022-12-02 adopted 12/6/2022)
All officers of the City, and the City Manager, shall be subject to State laws regarding nepotism.
(Ordinance 2022-12-02 adopted 12/6/2022)
The City Council shall have the power to designate by resolution a newspaper of general circulation in the City as the City's official newspaper, in compliance with State law. 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, unless alternative publication methods are otherwise allowed by State law.
(Ordinance 2022-12-02 adopted 12/6/2022)
This Charter shall be recorded in the City 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.
(Ordinance 2022-12-02 adopted 12/6/2022)
No property owned or held by the City shall be subject to any garnishment or execution of any kind or nature except as specifically provided by State law.
(Ordinance 2022-12-02 adopted 12/6/2022)
All meetings and public records of the City Council and all boards, commissions, and committees appointed by the City Council shall be governed by State laws regarding open meetings and public information, and any amendments thereto, with regard to the posting of agenda and the holding of public meetings.
(Ordinance 2022-12-02 adopted 12/6/2022)
The City Council shall, by appropriate ordinance, provide for the indemnification and defense of the officers and employees of the City, including the members of the City 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 or her duties and within the scope of his or her office, employment, membership, or assigned voluntary position with the City, or in any other case where the City 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.
(Ordinance 2022-12-02 adopted 12/6/2022)
A. 
Amendments to this Charter may be framed, proposed, and submitted to the qualified voters of the City in the manner provided by the Constitution and the laws of the State of Texas, or by the City Council on its own motion, but the Charter may not be amended more often than once every two (2) years.
B. 
The City Council shall appoint a Charter Review Commission at least once every seven (7) years. The Charter Review Commission shall be established and appointed not less than nine (9) months before the selected election date at which any proposed Charter amendments may be considered. The Charter Review Commission shall consist of at least seven (7) citizens of the City who shall:
(i) 
Inquire into the operation of the City government under the Charter and determine whether any provisions require revision. To this end, public hearings may be held. The Commission may compel the attendance of any officer or employee of the City and require submission of any nonprivileged and nonconfidential City records which the Commission may determine is necessary to conduct such hearings;
(ii) 
Propose any recommendations it deems desirable to ensure compliance with the Charter;
(iii) 
Propose amendments to the Charter to improve the effective application of the Charter to current conditions; and
(iv) 
Report its findings and present its recommendations, if any, to the City Council.
C. 
The City Council shall receive the report and the City Secretary shall post it on the City's website and have published in the City's official newspaper a notice that a copy of the report presented is available in the office of the City Secretary.
D. 
The City Council shall consider any recommendations made and may order any amendments suggested to be submitted to the voters of the City in the manner provided by State law.
E. 
Nothing in this Section prohibits the City Council from forming a Charter Review Commission at any time or from submitting any amendments to the Charter to election on its own initiative as provided by State law.
(Ordinance 2022-12-02 adopted 12/6/2022)
It shall not be necessary in any action, suit, or proceeding in which the City is a party, for any bond, undertaking, or security to be executed on behalf of the 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 duly given and executed.
(Ordinance 2022-12-02 adopted 12/6/2022)
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. Such unconstitutional or invalid chapter, section, paragraph, sentence, clause, or phrase shall be amended to be made lawful or struck from the Charter with the next Charter amendment following such discovery.
(Ordinance 2022-12-02 adopted 12/6/2022)
The provision 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 "City" shall be construed to mean the "City of Lavon," "State" shall be construed to mean the "State of Texas," and the word "and" may be read "or" or the "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 City Council of the City of Lavon. The gender of the wording as contained in the Charter shall always be interpreted to mean either sex.
(Ordinance 2022-12-02 adopted 12/6/2022)
This Charter shall take effect immediately following adoption by the voters and entry of the official order by the City 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 City's seal showing approval by the voters.
(Ordinance 2022-12-02 adopted 12/6/2022)