All records and accounts of every office, department, or agency of the City shall be open to inspection by any citizen or by any representative of the press at all reasonable times and under such reasonable regulations as may be established by the City Council or the Mayor except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish.
No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or service. The above provision shall not apply where the interest is represented by ownership of stock in a corporation involved, provided such stock ownership amounts to less than 1% of the corporation stock. Any violation of this section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall thereby forfeit their office or position. Any violation of this section with the knowledge, express or implied, of the person or corporation contracting with the City shall render the contract voidable by the City Manager or the City Council.
No person related within the second degree by affinity, or within the third degree by consanguinity to any elected officer of the City, or to the City Manager, shall be appointed to any office, position or clerkship or other service of the City.
The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any writ or execution or cost bill. The funds belonging to the City, in the hands of any person, firm or corporation, shall not be liable to garnishment, attachment, or sequestration; nor shall the City be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the City nor any of its officers or agents shall be required to answer any such writ of garnishment on any account whatever. The City shall not be obligated to recognize any assignment of wages or funds by its employees, agents, or contractors.
It shall not be necessary in any action, suit or proceeding in which the City of Azle 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.
Before the City shall be liable to damage claim or suit for personal injury, or damage to property, the person who is injured or whose property is damaged or someone on their behalf shall give the City Manager or the person performing the duties of the City Secretary, notice in writing after the occurrence of the alleged injury, or damage, stating specifically in such notice when, where, and how the injury or damage was sustained, and setting forth the extent of the injury or damage as accurately as possible. No action at law for damages shall be brought against the City for personal injury or damage to property unless the hereinabove notice shall have been filed with the City Manager or the person performing the duties of the City Secretary within sixty (60) days from the date of the occurrence of the injury or damage to property. In case of injuries resulting in death, before the City shall be liable in damages therefore the person or persons claiming such damages shall after the death of the injured person or persons give notice as above required in case of personal injury. Provided, however, that nothing herein contained shall be construed to mean that the City of Azle waives any rights, privileges, defenses or immunities in tort actions which are provided under, the common law, the constitution and general laws of the State of Texas.
If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which such section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be separably [inseparably] connected in meaning and effect with the section or part of section to which such holding shall directly apply.
All ordinances, resolutions, rules, and regulations now in force under the City Government of Azle and not in conflict with the provisions of this charter; shall remain in force under this charter until altered, amended, or repealed by the Council after this charter takes effect; and all rights of the City of Azle under existing franchises and contracts are preserved in full force and effect to the City of Azle.
From and after the date of the adoption of this charter, the persons then filling elective or appointed offices which are retained under this charter will continue to fill those offices for the terms to which they were elected.
The Constitution of the State of Texas, the statutes of said State applicable to the City of Azle, but the City shall also have the power to exercise any and all powers conferred by the laws of the State of Texas upon any other kind of city, town, or village, not contrary to the provisions of said home rule statutes, charter and ordinances, but the exercise of any such powers by the City of Azle shall be optional with it, and it shall not be required to conform to the law governing any other cities, towns or villages unless and until by ordinance it adopts same.
Amendments to this charter may be framed and submitted to the voters of the City in the manner provided by state law.
(Amended by Ordinance 2016-04 at an election held on May 7, 2016, prop. 16)
Editor’s note–Former sections 11.12 and 11.13, pertaining to the charter review commission and submission of charter to voters and deriving from the charter adopted April 6, 1971, were repealed by Ordinance 2016-04 at an election held May 7, 2016, proposition 16.