ARTICLE IX. GENERAL PROVISIONS
Section 1. Actions by Citizens.
Any citizen who is a property tax-payer of the City of Houston
may maintain an action in the proper court to restrain the
execution of any illegal, unauthorized or fraudulent contract or
agreement on behalf of said City, and to restrain any disbursing
officer of said City from paying any illegal, unauthorized or
fraudulent bills, claims or demand against said City, or any salaries
or compensation to any person in its administrative service whose
appointment has not been made in pursuance of the provisions of
law and the regulations in force thereunder. And in case any such
illegal, unauthorized or fraudulent bills, claims or demands or any
such salary or compensation shall have been paid, such citizen
may maintain an action in the name of said City against the officer
making such payment, and the party receiving the same, or either,
or both, to recover the amount so paid, and such amount, after
deducting all expenses of the action, shall be paid into the City
treasury; provided, however, that the court may require such
citizen to give security to indemnify the City against costs of court,
unless the court shall decide that there was reasonable cause for
bringing the action. The right of any property tax-payer of the City
to bring an action to restrain the payment of compensation to any
person appointed to or holding any office, place or employment in
violation of any of the provisions of this Act, shall not be limited or
denied by reason of the fact that said office, place or employment
shall have been classified as, or determined to be, not subject to
competitive examination; provided, however, that any judgment
or injunction granted or made in any such action shall be
prospective only, and shall not affect payments already made or
due to such persons by the proper disbursing officers.
In case of any unsatisfied judgment, or any suit or process of law
against said City, any five or more citizens who are freeholders of
said City, shall, upon petition, accompanied by affidavit that they
believe that injustice will be done to said City in said suit or
judgments, be permitted to intervene and inquire into the validity
of said judgment, or defend said suit or action as fully and
completely as the officers of said City would by law have the right
to do. (Act of 1905)
Section 1. Actions by Citizens.
Any citizen who is a property tax-payer of the City of Houston
may maintain an action in the proper court to restrain the
execution of any illegal, unauthorized or fraudulent contract or
agreement on behalf of said City, and to restrain any disbursing
officer of said City from paying any illegal, unauthorized or
fraudulent bills, claims or demand against said City, or any salaries
or compensation to any person in its administrative service whose
appointment has not been made in pursuance of the provisions of
law and the regulations in force thereunder. And in case any such
illegal, unauthorized or fraudulent bills, claims or demands or any
such salary or compensation shall have been paid, such citizen
may maintain an action in the name of said City against the officer
making such payment, and the party receiving the same, or either,
or both, to recover the amount so paid, and such amount, after
deducting all expenses of the action, shall be paid into the City
treasury; provided, however, that the court may require such
citizen to give security to indemnify the City against costs of court,
unless the court shall decide that there was reasonable cause for
bringing the action. The right of any property tax-payer of the City
to bring an action to restrain the payment of compensation to any
person appointed to or holding any office, place or employment in
violation of any of the provisions of this Act, shall not be limited or
denied by reason of the fact that said office, place or employment
shall have been classified as, or determined to be, not subject to
competitive examination; provided, however, that any judgment
or injunction granted or made in any such action shall be
prospective only, and shall not affect payments already made or
due to such persons by the proper disbursing officers.
In case of any unsatisfied judgment, or any suit or process of law
against said City, any five or more citizens who are freeholders of
said City, shall, upon petition, accompanied by affidavit that they
believe that injustice will be done to said City in said suit or
judgments, be permitted to intervene and inquire into the validity
of said judgment, or defend said suit or action as fully and
completely as the officers of said City would by law have the right
to do. (Act of 1905)
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