All records and accounts of every office, department or agency of the City shall be open to inspection by any citizen or by a representative of the press at all reasonable times and under such reasonable regulations as may be established by the City Commission, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish. All procedures shall be in compliance with the Texas Public Information Act.
Any City officer or employee who has a substantial financial interest direct or indirect or by reason of ownership of stock in any corporation in any contract with the City or in the sale of any land, material, supplies or services to the City or to a contractor supplying the City shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a City officer or employee in making of such sale or in the making or performance of such contract. Any City officer or employee who willfully conceals such a substantial financial interest or willfully violates the requirements of this Section shall be guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this Section with the knowledge express or implied of the person or corporation contracting with or making a sale to the City shall render the contract or sale voidable by the City Manager or the City Commission.
No person shall be barred from seeking or holding any elective or appointive office in the City of Mercedes, by virtue of being directly or indirectly in the employ of any person, company or corporation holding or seeking to hold any Public Utility Franchise from the City of Mercedes; provided however, that at any time the Mayor or any other member of the City Commission or any elective or appointive officer of the City shall be directly or indirectly in the employ of any person, company or corporation holding or seeking to hold any Public Utility Franchise from the City or shall receive directly or indirectly any wage, commission, fee, gift, favor or payment from such Public Utility franchise holder, he/she shall make known that interest and shall refrain from voting upon or otherwise participating in any dealings between the City and such person, company or corporation. Any City officer who willfully violates the requirements of this Section shall be guilty of malfeasance in office and shall forfeit his/her office. Violations of this Section with the knowledge express or implied of the person, company or corporation having dealings with the City shall render such dealings voidable by the City Manager or the City Commission.
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, provided that nothing herein contained shall prevent the appointment, voting for or confirmation of any person who shall have been continuously employed in any such office[,] position, clerkship, employment or duty for a period of one year prior to the election or appointment of the officer or member appointing, voting for or confirming the appointment, and to the election or appointment of the officer or member related to such employee in the prohibited degree. When a person is allowed to continue in an office, position, clerkship, employment, or duty because of the operation of the exceptions set out above, then the City Manager or member of the City Commission who is related to such person in the prohibited degree shall not participate in the deliberation or voting upon the appointment, reappointment, employment, confirmation, reemployment, change in status, compensation, or dismissal of such person, if such action applies only to such person and is not taken with respect to a bona fide class or category of employees.
Before the City of Mercedes shall be liable for damages for the death or personal injuries of any person or for damages to or destruction of property of any kind which does not constitute a taking or damaging of property under Article I, Section 17, Constitution of Texas, the person injured, if living, or his representatives if dead, or the owner of the property damaged or destroyed shall give the City Commission or City Manager notice in writing of such death, injury, damage or destruction duly verified by affidavit, within forty-five (45) days after same has been sustained, stating specifically in such written notice when, where and how the death, injury, damage or destruction occurred and the apparent extent of any such injury, the amount of damages sustained, the actual residence of the claimant by street and number at the date the claim is presented, the actual residence of such claimant for six months immediately preceding the occurrence of such death, injury or damage or destruction, and the names and addresses of all witnesses upon whom it is relied to establish the claim for damages, and the failure to so notify the City Commission or City Manager within the time and manner specified herein shall exonerate, excuse and exempt the City from any liability whatsoever. No act of any officer or employee of the City shall waive compliance, or stop the City from requiring compliance with the provisions of this Section as to notice, but such provisions may be waived by resolution of the City Commission made and passed before the expiration of the forty-five (45) day period herein provided and evidenced by minutes of the City Commission.
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 the 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 the City of Mercedes 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 Commission after this Charter takes effect and all rights of the City of Mercedes under existing franchises and contracts are preserved in full force and effect to the City of Mercedes.
Upon the adoption of this Charter, the present members of the City Commission shall serve until the terms to which they were elected shall have expired and until their successors shall have qualified, or until terms of this Charter as to election of officials and terms of office have been met.
The City Commission shall appoint a Charter Review Commission of twelve (12) persons to investigate the workability of this Charter and to make recommendations for the implementation or amendments. Each member shall serve on the Charter Review Commission for a term of one (1) year after appointment. Such Charter Review Commission shall be appointed at least every four (4) years, but the Commission may appoint such Review Commission after two (2) years from the last Charter Review Commission.
No person shall be appointed to or removed from or in any way favored or discriminated against with respect to any City position or appointive City administrative office because of race, sex, political or religious opinions or affiliations.
No person who holds any compensated appointive City position shall make, solicit, or receive any contribution to the campaign funds of any political party or any candidate for public office or take any part in the management, affairs or political campaign of any political party, but he may exercise his rights as a citizen to express his opinions and to cast his vote.
Any person who by himself or with others willfully violates any of the provisions of Section 9.10 shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $200.
Words of any gender used in this Charter shall be construed to include any other gender; and words in the singular number shall be construed to include the plural, and vice versa, unless the context requires otherwise.