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.
For purposes of this Section term “City Official”
means any individual subject to the requirements of Texas Local Government
Code, Chapter 171.
It is hereby prohibited for City Council members or a City Official
to violate the rules and regulations regarding conflicts of interests
as set out in the Texas Local Government Code, Chapter 171.
(May 4, 2019, measure 8)
No person may be hired who is related within the second degree
by affinity (marriage) or within the third degree by consanguinity
(blood) to any member of the city council, or city manager. Spouses
of relatives within the first or second degree of consanguinity (i.e.,
son-in-law, mother-in-law, brother-in-law, sister-in-law, etc.) are
also included in the prohibition. No person may continue in city employment
who is related in one of the prohibited degrees unless the employee
has been employed continuously by the city for a period of at least
30 days if the officer or member is appointed, at least six months
if the officer or member is elected at an election other than the
general election for state and county officers, or at least one year
if the officer or member is elected at the general election for state
and county officers. In addition, in the interest of effective management,
no personnel action will be taken that would result in any employee
supervising another employee who is related with the second degree
of affinity or the third degree of consanguinity to the supervisory
employee.
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 Gonzales is a party, for any bond, undertaking,
or security to be demanded or executed by or on behalf of said city
or 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 in his/her behalf shall give
the city manager or the person performing duties of city secretary,
notice in writing after the occurrence of the alleged injury, or damage,
stating specifically 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
prior to the expiration of thirty days after the notice hereinbefore
described has been filed with the city manager or the person performing
the duties of city secretary, not later than two years after the occurrence
of the injury or damage to property. In case of injuries resulting
in death, before the city shall be liable in damages therefor, the
person or persons claiming such damages shall after the death of the
injured person 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 Gonzales 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 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 Gonzales and not in conflict with the
provisions of this charter, shall remain in force under this charter
until altered, amended or repealed by the city council after this
charter takes effect; and all rights of the City of Gonzales under
existing franchises and contracts are preserved in full force and
effect to the City of Gonzales.
The constitution of the State of Texas, the statutes of said
state applicable to home ruled municipal corporations, as now or hereafter
enacted, this charter and ordinances enacted pursuant hereto shall,
in the order mentioned, be applicable to the City of Gonzales, 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 Gonzales 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 TEX. LOC. GOV’T.
CODE CHAPTER 9, as now or hereafter amended.
The city council shall appoint a charter review commission consisting
of five citizens of the City of Gonzales at the July City Council
meeting in years ending in zero (0) and five (5). Each councilmember
shall appoint one (1) member to the commission. The charter review
commission shall be empaneled from August 1st through January 31st.
The final report of the commission shall be presented to the council
no later than the February regular council meeting.
(May 4, 2019, measure 10)