(El. of 5-2-1998; El. of 11-5-2013)
Records of every office, department or agency of the city are subject to public inspection in accordance with state law.
[1]
Editor's note—An amendment approved at election Nov. 5, 2013, repealed former § 131 of the Charter which pertained to surety bonds and derived from the original Charter as amended by the election of May 2, 1998.
(El. of 5-2-1998; El. of 5-4-2019)
(a) 
Prohibition.
The city council, city manager, deputy city manager, city secretary, department heads, or deputy department heads, of the city shall not:
(1) 
have a substantial financial interest in any contract with the city; or
(2) 
be substantially interested in the sale to the city of any land, materials, supplies or services[,] except as provided by subsection 132(d) below.
(b) 
Substantial interest.
For the purposes of this section, a substantial interest is established when:
(1) 
the official owns 10% or more of the total voting stock or shares of the business entity;
(2) 
the official owns either 10% or more, or $15,000 or more, of the fair market value of the business entity;
(3) 
the official received more than 10% of his gross income for the previous year from the business entity; or
(4) 
a relative of the official within the second degree by consanguinity or affinity has any of the preceding interests.
(c) 
The prohibitions in this section shall become effective as applied to any currently sitting council member after June 1, 2021.
(d) 
The prohibitions in this section shall not apply to the acquisition of easements or right-of-way for public purpose when fair market value is established and paid for the acquisition.
(e) 
Violation.
A willful violation of this section constitutes malfeasance in office and an officer or employee who violates this section forfeits the office or position held. Any violation of this section with the knowledge of the person or corporation contracting with the city renders the contract voidable by the city manager or city council.
(El. of 5-2-1998; El. of 11-5-2013; El. of 5-4-2019)
(a) 
Prohibition.
During the term of office of a member of the city council or while employed with the city, except as may be authorized by state law or ordinance, a member of the city council or employee of the city shall not accept a gift, favor, benefit, nor employment from any corporation, contractor or franchisee who conducts business with the city, or a person the officer or employee knows to be subject to regulation, inspection, or investigation by the officer, employee, or his agency.
(b) 
Violation.
Any officer or employee of the city who violates the provisions of this section is guilty of a misdemeanor and may be punished by a fine that may be prescribed by ordinance for this offense, and upon conviction by a court of competent jurisdiction shall immediately forfeit office or employment.
(El. of 5-2-1998; El. of 11-5-2013; El. of 5-4-2019)
A person who is related within the second degree of affinity or within the third degree of consanguinity to a member of the city council or to the city manager shall not be appointed to any compensated office, position, or service with the city or to the Zoning Board of Adjustment or the Planning and Zoning Commission. This prohibition does not affect an officer or employee related to a councilmember or the city manager within the named degree, who is already serving or employed by the city for 30 days prior to an appointed position and 6 months prior to an elected position, from time when the member of the city council or the city manager takes office.
(El. of 5-2-1998)
An employee or applicant for employment who is or who becomes delinquent in the payment of taxes or other payment due the city is not qualified to serve the city in any capacity for which compensation is paid if the delinquency continues after reasonable notification and opportunity to pay in accordance with city policy.
[1]
Editor's note—An amendment approved at election Nov. 5, 2013, repealed former § 136 of the Charter which pertained to oath of office and derived from the original Charter as amended by the election of May 2, 1998.
(El. of 5-2-1998; El. of 11-5-2013)
(a) 
Written notice; time period.
Before the city shall be liable for a damage claim or a suit for personal injury or damage to property, the person who is injured or whose property is damaged or someone on that person's behalf shall give the city manager or the city secretary notice in writing in accordance with state law after the occurrence of the alleged injury or damage, stating:
(1) 
specifically when, where, and how the injury or damage was sustained; and
(2) 
the extent of the injury or damage as accurately as possible; and
(3) 
the estimated amount of the claim stated in dollars and cents.
(b) 
Lawsuit.
A lawsuit for damages shall not be brought against the city for personal injury or damage to property prior to the expiration of 60 days after the written notice has been filed with the city manager or the city secretary. After the expiration of the 60 days, the complainant may then have two years in which to bring a lawsuit.
(c) 
Cases of death.
Before the city shall be liable for a damage claim or a suit for a case of injuries resulting in death, the person or persons claiming the damages shall within 90 days after the death of the injured person, give notice as required in case of personal injury.
[1]
Editor's note—An amendment approved at election Nov. 5, 2013, repealed former § 138 of the Charter which pertained to power to settle claims and derived from the original Charter as amended by the election of May 2, 1998.
(El. of 5-2-1998)
In any action, suit, appeal, or proceeding in which the city is a party, it is not required that the city execute a bond or provide security in a state court. Actions, suits, appeals, or proceedings shall be conducted in the same manner as if a bond or security had been given, as required by law for other parties, and the city's liability is not affected by the exemption from giving bond or security.
(El. of 5-2-1998)
Unless created under the authority of this Charter or state law, no lien shall exist against real or personal property owned by the city.
(El. of 5-2-1998)
(a) 
Writ of execution.
Real and personal property owned by the city is not liable to be sold or appropriated under a writ of execution or cost bill.
(b) 
Garnishment.
The funds belonging to the city are not liable to garnishment, attachment, or sequestration for a debt the city may owe, whether the funds are in the hands of another person, firm, or corporation, or in the hands of the city. Neither the city nor any of its officers or employees shall be required to answer a writ of garnishment on an account of the city.
(c) 
Assignment of wages.
The city shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors.
[1]
Editor's note—An amendment approved at election Nov. 5, 2013, repealed former § 144 of the Charter which pertained to sale or lease of property other than public utilities or property acquired at tax sale and derived from the original Charter as amended by the election of May 2, 1998.
All ordinances, resolutions, rules and regulations now in force under the city government of Burleson 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 Burleson under existing general or special laws, franchises and contracts are preserved in full force and effect to the City of Burleson. Upon adoption of this Charter it shall constitute the Charter of the City of Burleson.
All contracts entered into by the city or for its benefit prior to the taking effect of this Charter shall continue in full force and effect. Public improvements for which legislative steps have been taken under laws or ordinances existing at the time this Charter takes effect may be carried to completion in accordance with the provisions of such existing laws or ordinances.
All suits, taxes, penalties, forfeitures and all other rights, claims, and demands, which have accrued under the laws, heretofore in force governing the City of Burleson shall belong to and be vested in and shall be prosecuted by and for the use and benefit of the corporation hereby created, and shall not in any way be diminished, affected or prejudiced by the adoption and taking effect of this Charter.
This Charter shall be liberally construed to carry out its intents and purposes. If any section or part of a 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 a section so held invalid may appear, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.
From and after the date of the adoption of this Charter and the qualification of the mayor and councilmembers therein elected, the present qualified and acting mayor and councilmembers shall constitute the city council of the City of Burleson. Such city council shall possess all of the powers provided by this Charter and particularly by Article II hereof, provided however, the present qualified mayor and councilmembers shall continue to draw the same salaries and allowances as they were drawing prior to the adoption of said Charter until the election and qualification of the mayor and councilmembers.
(El. of 5-4-2019)
The Charter commission in preparing this Charter finds that it is impracticable to segregate each subject so as to permit a vote of "yes" or "no" on the same, for the reason that the Charter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these reasons the Charter commission directs that the said Charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of Burleson at the regular election to be held on April 5, 1969. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this Charter, it shall become the Charter of the City of Burleson, and after the returns have been canvassed, the same shall be declared adopted.
Not less than thirty (30) days prior to such election the city council shall cause the city secretary to mail a copy of this Charter to each qualified voter of the City of Burleson as appears from the tax collector's roll for the year ending January thirty-first preceding said election.
An official copy of the Charter shall be filed with the records of the city, and the mayor shall, as soon as practicable, certify to the secretary of state an authenticated copy under the seal of the city, showing the approval by the qualified voters of such Charter.
All elective officers under this Charter shall be voted on as prescribed by Article III, section 19 hereof, and the candidates therefor shall be governed by this Charter and take office as herein provided, until which time the present officers of the City of Burleson shall continue in office and constitute the city council of the City of Burleson.
STATE OF TEXAS
COUNTIES OF JOHNSON AND TARRANT
I, Amanda Campos, the undersigned City Secretary, do hereby certify that the attached and foregoing is a true and correct copy of the Burleson Home Rule Charter as adopted by the citizens of Burleson on April 5, 1969, and all amendments thereto as adopted by the citizens of Burleson April 6, 1974, August 13, 1977, August 9, 1980, August 14, 1982, May 2, 1998, November 5, 2013 and May 4, 2019. All proceedings pertaining to the aforementioned documents are recorded for permanent record in the Official Minute Books of the Burleson City Council.
GIVEN UNDER MY HAND AND THE OFFICIAL SEAL of the City of Burleson, Johnson and Tarrant Counties, Texas, this the 13th day of May, 2019, at the Burleson City Hall, 141 W. Renfro, Burleson, Texas.
SEAL:
/s/________
Amanda Campos
City Secretary