All records and accounts of every office, department or agency of the City shall be open to inspection by any citizen, any representative of a citizen’s organization or any representative of the press at all reasonable times and under reasonable regulations by the Council, except as may be otherwise provided by law.
[1]
Editor’s notes–Former section 7 pertaining to “elected officers shall serve out full term,” was repealed and deleted in its entirety by Ordinance 823 at an election held on May 15, 2017, ex. B, sec. XI. The remaining sections were renumbered at the request of the city.
All officers of the city shall, before entering upon the duties of their respective offices, take and subscribe to the official oath prescribed in the Constitution of the State of Texas.
(Amended by Ordinance 823 at an election held on May 15, 2017, ex. B, sec. X)
For the purpose of promoting the health, safety, morals or general welfare of the City, the City Council shall have the full power and authority to zone the city and to pass all necessary ordinances, rules and regulations governing same, under and by virtue of the authority given to cities and legislative bodies thereof, by State law.
The City Council shall have further power to create a Board of Adjustments, as provided by State law, to review all grievances and appeals pertaining to or relating to the zoning of the City.
(Amended by Ordinance 823 at an election held on May 15, 2017, ex. B, sec. II)
The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any writ of 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 of [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 or garnishment on any account whatever. The City shall not be obligated to recognize any assignment of wages of funds by its employees, agents, or contractors.
It shall not be necessary in any action, suit or proceeding in which the City 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 manner as if such bond, undertaking or security had been given as required by law, and said City shall be just as liable as if security of bond had been duly executed.
All ordinances, resolutions, rules and regulations now in force under the City government of the City 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 right of the City under existing franchises and contracts are preserved in full force and effect.
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, 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.
No officer or employee of the City shall ever accept, directly or indirectly, any gift, favor, privilege or employment from any public utility corporation enjoying the grant of any franchise, privilege or easement from the City during the term of office of such officer, or during such employment of such employee except as may be authorized by law or ordinance.
Any officer or employee of the City who shall violate the provisions of this section shall upon conviction be guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense, and shall forthwith be removed from office.
The Mayor and each Councilmember shall appoint a member to serve on the Charter Review Commission. Charter reviews shall be conducted every five (5) years. The Council shall appoint seven (7) members to serve. The Committee shall inquire into the operations of the City government as related to the Charter and review the Charter to determine if amendments should be recommended. Public hearings may be held and the Committee shall have the power to compel the attendance of City officers or employees and may require the submission of the City records necessary to review. The Charter Review Committee shall make a written report of its findings and recommendations to the Council, including any proposed amendments, and shall be signed by all members of the Commission.
(Amnd. by Ordinance 663 at an election held on May 12, 2012, prop 10; Amnd. by Ordinance 823 at an election held on May 15, 2017, ex. B, sec. XII)
If any section or part of any section of this Charter shall be held invalid by a court of competent jurisdiction, such holdings 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 connected in meaning and effect with the section or part of section to which such holding shall directly apply.
All officers through whose office, agency or department City funds are collected, handled, deposited, or disbursed, shall make good and sufficient surety bonds in a surety company authorized to do business in Texas, payable to the City, so conditioned that the City shall be protected against all actionable malfeasance or derelictions of official duties; and such bonds shall be in principal sums as may be fixed by the Council to fully protect the City. All bond premiums are to be paid by the City.
No person related within the second degree by affinity or within the third degree by consanguinity to the Mayor or any Councilmember or the City Manager shall be employed or contracted with the City. This shall not apply to the following:
1.
Any person employed by the City for at least 18 months prior to the person related in the above degree taking office in a general election;
2.
Any person employed by the City for at least 6 months prior to the person related in the above degree taking office by appointment or in a special election; or
3.
Any person who is a seasonal employee or intern for the City.
(Amended by Ordinance 663 at an election held on May 12, 2012, prop. 11)