ARTICLE X. - GENERAL PROVISIONS AND TRANSITIONS

Section 10.01. - Publicity of Records.#

The Burnet web site shall publicize as files available for download via the Internet the budget; existing and proposed ordinances; pending contracts and bids; minutes of the last City Council meeting; proposed agendas for upcoming City Council meetings; times and locations for all public City meetings; audit summaries; monthly balance sheet reports for all public utilities, public services and proprietary enterprises; names, addresses and telephone numbers of all City Council persons and standing committee members, and all City career opportunities and other matters as prescribed by this Charter. Failure to post any such matter shall not invalidate any action taken with respect to such matter, nor give rise to any equitable or legal claim whatsoever. References in this Charter to the World Wide Web shall include means of access to the Internet or its equivalent and/or successor.

Section 10.02. - Ethics.#

A.

Conflicts of Interest. The use of public office for private gain is prohibited. The City Council shall implement this prohibition by ordinance. Regulations to this end shall include but not be limited to acting in an official capacity on matters in which the official has a private financial interest clearly separate from that of the general public, the acceptance of gifts and other things of financial value, acting in a private capacity on matters dealt with as a public official, the use of confidential information, and appearances by City officials before other City agencies on behalf of private interests. This ordinance shall provide for reasonable public disclosure of finances by officials with major decision-making authority over monetary expenditures and contractual matters and, insofar as permissible under state law, shall provide fines and punishment for violations.

B.

Board of Ethics. The City Council shall by ordinance establish an independent Board of Ethics to administer and enforce the conflict-of-interest and financial-disclosure ordinances. No member of the Board may hold any political party office. Insofar as possible under state law, the City Council shall authorize the Board to issue binding advisory opinions, conduct investigations on its own initiative, and on referral or complaint, refer cases for prosecution, impose administrative fines, and hire independent counsel. The City Council shall appropriate sufficient funds to the Board of Ethics to enable it to perform its assigned duties.

C.

Nepotism. City Council shall adhere to and comply with the applicable nepotism laws provided by state law.

Section 10.03 - Surety Bonds.#

Before starting employment or entering the duties of office, all City officers, the City Manager and all City employees whose duties will include the handling of moneys shall make surety bonds in amounts and with surety companies acceptable to the City Council. Surety companies must be authorized to do business in Texas. The condition of a surety bond shall be that the principal will faithfully perform the duties of office and account for and pay to the City all moneys and property coming into the principal's hands and belonging to the City and comply with applicable state law. The City will pay the premiums for these bonds.

Section 10.04. - Notice of Claim.#

A.

Personal Injury. The City shall never be liable for any personal injury, whether resulting in death or not, unless the person injured or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause or action under the law by reason of such death injury, shall file a notice in writing with the City Manager within ninety (90) days after the same has been received, stating specifically in such notice when, where and how the exact injury occurred and the full extent thereof, together with the amount of damages claimed or asserted. The notice requirements provided for herein do not apply if the City has actual notice that death has occurred, or that the claimant has received some injury. Further, should the claimant provide good cause for failure to comply with the notice requirements herein then said notice requirements shall not apply.

B.

Personal Property. The City shall never be liable for any claim for damage or injury to personal property unless the person whose personal property has been injured or damaged or someone in his behalf, shall file a claim in writing with the City Manager within ninety (90) days after said damage or injury has occurred and the full extent thereof, and the amount of damage sustained. The City shall never be liable for any claim for damage or injury to real property caused by negligent act or omission of its officers, servants, agents, or employees, unless the person whose real property has been injured or damaged or someone in his behalf, shall file a claim in writing with the City Manager within ninety (90) days after said damage or injury has occurred, stating specifically when, where and how the injury or damage occurred and the amount of damage claimed. The notice requirements provided for herein do not apply if the City has actual notice that the claimant's property has been damaged. Further, should the claimant provide good cause for failure to comply with the notice requirements herein then said notice requirements shall not apply.

Section 10.05. - Reservation of Defenses.#

Nothing contained in this Charter or in any ordinance or contract of the City shall be construed to mean the City waives any rights, privileges, defenses or immunities provided under common law or the Constitution and laws of the State of Texas. No such right, privilege, defense or immunity may be waived except by the City Council acting in a public meeting to settle or compromise a claim, dispute or lawsuit.

Section 10.06. - Construction of Charter.#

This Charter shall not be construed as a mere grant of enumerated powers but shall be construed as a general grant of power and limitation of power on the government of the City of Burnet in the same manner as the Constitution of Texas is construed as a grant of and a limitation on the powers of the Legislature. Except as expressly prohibited by this Charter, every power under the Constitution of Texas, which it would be competent for the people of the City expressly to grant to the City, shall be construed to be granted to the City by this Charter.

Section 10.07. - Separability Clause.#

If a Section or part of a Section of this Charter is held invalid by a court of competent jurisdiction, that holding shall not affect the remainder of this Charter nor the context in which the Section or part of a Section invalidated appears, except to the extent that an entire Section or part of a Section is inseparably connected in meaning and effect with the Section or part invalidated.

Section 10.08. - Rearranging and Renumbering.#

The City Council shall have the power by ordinance to renumber and rearrange Articles, Sections, paragraphs or amendments of this Charter as they shall deem it appropriate but without creating substantive changes. The City Secretary shall file with the Secretary of State a certified copy of an ordinance that authorizes changes in numbering or arrangement within this Charter.