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)