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with it shall remain in force until altered, amended, or repealed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)