ARTICLE IX & X

 

ARTICLE IX GENERAL PROVISIONS

Section 9.01 Conflict of Interest/Nepotism

The Mayor and Council shall be bound by the State laws the address Conflict of Interest and Nepotism.

Section 9.02 Prohibitions

(A) The following activities are prohibited:

(1) No person shall be appointed to, removed from, or in any way favored or discriminated against with respect to any City position or appointive City administrative office because of race, gender, age, handicap, religion, country or origin, or political affiliation.

(2) No person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or in connection with his or her test, appointment, promotion, or proposed promotion.

(B) Any person convicted of a violation of this Section shall be ineligible for a period of five (5) years following such conviction to hold any City office or position and, if an officer or employee of the City, shall immediately forfeit his or her office or position. The City Council shall establish by ordinance such further penalties as it may deem appropriate.

Section 9.03 Public Records

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 Council, except records and documents the disclosure of which are protected by law.

Section 9.04 Claims Against the City

Before the City shall be liable to damage claim, suit for personal injury, or damage to property, the person who is injured or whose property has been damaged or someone on behalf of that person shall give the Mayor or the City Clerk notice in writing, duly verified, within one hundred eighty (180) days after the date of the alleged injury or damage. The notice shall state specifically when, where, and how the injury or damage was sustained, setting forth the extent of the injury or damage as accurately as possible, and giving the names and addresses of all witnesses known to claimant upon whose testimony claimant is relying to establish the injury or damage. In case of injury resulting in death, the person or persons claiming damage shall within one hundred eighty (180) days after the death of the injured person give notice as required above. Nothing in this Section shall be construed to mean the City waives any rights, privileges, or immunities in tort action which are provided under the common law, the laws of the State of Texas, and the State Constitution.

Section 9.05 Liens, Assignments, Execution, and Garnishment

The real and personal property belonging to the City shall not be liable for sale or appropriation under any writ or execution or cost bill, and no lien of any kind shall ever exist against any such property owned by the City except that lien be created or authorized by this Charter or State law. The funds belonging to the City in the hand of any person, firm, or corporation shall not be liable to garnishment attachment, or sequestration. The City shall not 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 or 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 except by court order.

Section 9.06 Separability

If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected thereby. If the application of the Charter or any of its provisions to any person or circumstances is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected thereby.

Section 9.07 Ethics Commission

The City Council may establish an Ethics Commission

ARTICLE X TRANSITIONAL PROVISIONS

Section 10.01 Officers and Employees

Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or provisions of persons who are City officers or employees at the time of its adoption.

Section 10.02 Pending Matters

All rights, claims, actions, orders, contracts, and legal administrative proceedings shall continue except as modified pursuant to the provisions of this Charter.

Section 10.03 Effect on Existing Law

(A) All City ordinances, rules, and regulations in force on adoption of this Charter and not in conflict with it shall remain in force until altered, amended or repealed by the Council. All rights of the City under existing franchises and contracts are preserved in full force and effect.

(B) Any ordinances, rules or regulations inconsistent with this Charter are repealed as of the date of adoption of the Charter.

(C) Any laws, ordinances, rules, or regulations applicable to Type A General Law municipalities and not also applicable to Home-Rule Municipalities in the State of Texas shall be superseded upon adoption of this Charter. Any such ordinances, rules, or regulations are repealed as of the date of adoption of this Charter.