Sec. 138. - Oath of office.

Every person elected or appointed to office in the city, shall, before entering upon the duties of his office, take and subscribe the official oath prescribed by the state constitution and shall give such bond and security for the faithful discharge of his duties as may be required by ordinance.

Sec. 139. - Qualification of elective officers.

All elective officers of the city shall qualify within ten days after election and failure to do so, except in case of sickness, shall vacate said office, and an election shall be immediately called to fill such vacancy.

Sec. 140. - Prohibitions on candidates for office or employment.

(a)

It shall be unlawful for any candidate or any person who may become a candidate for any office or employment under the government of the City, directly or indirectly, to offer or promise to any person or persons any office or employment under the City government or any benefit to be derived therefrom in the event of the election or appointment of such candidate to any such office or employment; or to promise or agree to use his influence to obtain for any person any office or employment under the government of the city. Any violation of any of the provisions of this section shall be a misdemeanor and shall be grounds for removal from office or employment.

(b)

No appointee of any City board or commission shall continue in such position after becoming a candidate for nomination or election to any City or Bexar County elected office.

(Ord. No. 85965, § 1 (Prop. 4), 5-5-97)

Sec. 141. - Interest in city contracts prohibited.

No officer or employee of the city shall have a financial interest, direct or indirect, in any contract with the city, or shall be financially interested, directly or indirectly, in the sale to the city of any land, materials, supplies or service, except on behalf of the city as an officer or employee. Any wilful violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof shall thereby forfeit his office or position. Any violation of this section, with the knowledge, expressed or implied, of the person or corporation contracting with the council shall render the contract involved voidable by the city manager or the council.

Sec. 142. - Limitation on debts incurred.

Any debt hereafter contracted by any officer of the city, or by any person on account of the city, the payment of which has not been previously provided for by ordinance duly adopted by the council, shall be absolutely null and void and uncollectible at law or in equity, and it shall be the duty of the city attorney to plead this provision to defeat the collection or enforcement of any such claim or debt.

Sec. 143. - Costs or fees of office.

No officer of the city shall ever be entitled to costs or fees of office except for the use of the city; and all penalties, forfeitures, fines, costs and fees of office to accrue hereafter shall be paid into the city depository, and no money shall be drawn from the depository except in the pursuance of a specific appropriation of the council; nor shall any appropriation for private or individual purposes be made, except as provided in Article I, Section 3, Paragraph 12 of this Charter.

Sec. 144. - City records admissible as evidence.

Certified copies of the records, papers and books of city officers or employees shall be admissible in evidence when certified by the custodian of such papers, books and records and attested by him under his seal, if he have one; provided, that for issuing such certified copies the city shall receive such fees as may be provided by ordinance.

Sec. 145. - City records open to public.

Every citizen shall, during office hours, have the right to examine any and all books, vouchers, records and papers belonging to the city and shall have the right to take copies; and it shall be the duty of the proper custodian of such papers and records to produce and exhibit any such papers or records demanded to be inspected by any such citizen.

Sec. 146. - Security or bond not required.

The city shall not be required to give any bond for security or costs or any other security in any suit or action brought by or against it, or in any proceeding to which it may be a party in any court in this state; and the city shall have all remedies of appeal provided by law to all courts in this state without bond or security of any kind, but shall be liable in the same manner and to the same extent as if the bond, undertaking or security required in other cases had actually been executed and given.

Sec. 147. - Execution and garnishment.

No execution shall be issued or levied by virtue of any judgment that may be recovered against the city, but the council shall provide for the payments of judgments in the levying of taxes next after the final recovery of such judgments from the city. All assets of the city, including lands, houses, moneys, debts due the city, personal and real property, and assets of every description belonging to the city, shall be exempt from execution and sale; but the city shall make provisions, by taxation or otherwise, for the payment of any and all indebtedness incurred by the city. No writ of garnishment shall issue against the city to subject or seize any debt to any person or corporation, or any claim or demand upon any fund in the hands of said city or any of its officers; nor shall the city or any of its officers or agents, be required to answer any writ of garnishment.

Sec. 148. - Assignments.

The city shall not recognize transfers or assignments of salaries or wages, nor shall any officer of the city receive or honor any drafts or order drawn by any person against his salary or wages, but the warrant or money shall in every instance be delivered or paid to the person entitled thereto according to the city's accounts; nor shall any officer of the city issue any certificates of indebtedness. Nothing herein contained shall prevent the holder of a warrant from transferring it. If the council so declares by ordinance, a warrant for the total amount of any pay roll may be drawn in favor of the person paying such pay roll, and such warrant shall have the same legal standing and effect as any other warrant.

Sec. 149. - Competency of inhabitants or taxpayers.

No person shall be disqualified as a judge, justice or juror by reason of his being an inhabitant in the city or subject to taxation by the city in any action or proceeding in which the city may be a party at interest.

Sec. 150. - Liability of the city and limitations thereon.

Before the city shall be liable for damages for the death or personal injuries of any person or for damage to or destruction of property of any kind, the person injured, if living, or his representatives, if dead, or the owner of the property injured or destroyed, shall give the city manager or the city clerk notice in writing of such death, injury or destruction within ninety days after same has been sustained, stating in such written notice when, where and how the death, injury or destruction occurred, and the apparent extent of any such injury, and the amount of damages sustained; provided, however, that in no event shall the city be liable in damages to any one on account of any defect in, obstruction, on or anything else in connection with any sidewalk in the city. And provided, further, that in order to hold the city liable in damages to any one on account of any injury caused by any defect in, obstruction on, or anything else in connection with any street, alley or plaza, bridge, river bank, water course, or any public way, it must be shown that the city manager, a member of the council, or some person having superintendence or control of the work for the city had actual knowledge or actual notice of such defect, obstruction or other thing for a sufficient length of time before such injury was received, to have remedied or guarded against such condition of the street, alley or plaza before the injury was received.

Sec. 151. - Liability of officers and employees.

No officer or employee of the city shall be liable for damages for any act committed in the proper discharge of his duties.

Sec. 152. - Reserved.

Editor's note—

Ordinance No. 85965, § 1 (Prop. 1), adopted May 5, 1997, deleted § 152 in its entirety. Formerly, such section pertained to school district taxes and derived from an election effective January 1, 1952.

Sec. 153. - Cemetery lots exempt from taxes, etc.

The cemetery lots which have been or may hereafter be laid out and sold by the city for private places of burial, shall, with the appurtenances, forever be exempt from taxes, exceptions, attachments and forced sales.

Sec. 154. - Appointments to boards, commissions and authorities.

The Mayor and City Council shall appoint all members of regulatory and zoning boards or commissions. No member of any such board or commission, may be compensated by the City at a rate in excess of twenty dollars per meeting, or more than $1,040 per annum.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 155. - Continuation.

All rights, actions, penalties and forfeitures in suits or otherwise which have accrued prior to adoption of this Charter shall be vested in and possessed by the city and no suit pending shall be affected by the passage of this Charter, but the same shall be prosecuted or defended, as the case may be, by the city.

Secs. 156—158. - Reserved.

Editor's note—

Ordinance No. 85965, § 1 (Prop. 1), adopted May 5, 1997, deleted §§ 156—158, which no longer have any effect. Formerly, such sections pertained to effect of this charter on existing law, interim government, transitional provisions, special provision for appointments and derived from an election effective January 1, 1952.

Sec. 159. - Loyalty oath.

Before entering upon the duties of his or her office or employment, every officer and employee of the city shall swear or affirm to the following:

"I ____________(Name of officer or employee)____________, do solemnly swear (or affirm) that I do not advocate, nor am I a member or affiliate of any organization, group or combination of persons that advocates the overthrow of the government of the United States of America by force or violence; and that during the tenure of my office or employment under the City of San Antonio, Texas, I will not advocate nor become a member or an affiliate of any organization, group or combination of persons that advocates the overthrow of the Government of the United States of America by force or violence." The foregoing oath shall be sworn to or affirmed before a person qualified to administer oaths or affirmations, and shall be attested to by such person. Any person who shall be found guilty, in a public hearing held thereon by the council, of having falsely taken such oath shall immediately forfeit his or her office or employment under the city, and, upon conviction of such offense in any court having jurisdiction, may be punished as provided by the general laws of this state.

Sec. 160. - Officers to hold over until their successors are appointed and qualified.

Whenever under the provisions of this Charter any officer of the city, judge or member of any board or commission is appointed for a fixed term, such officer, judge or member shall continue to hold office until his successor is appointed and qualified.

Sec. 161. - Public act, liberal construction.

This Charter shall be deemed a public act, and may be read in evidence without pleading or proof, and judicial notice shall be taken thereof in all courts and places. It is intended by this Charter to promote a more efficient and effective government for the city and to secure for the people improved representation in legislation, and greater economy and efficiency in administration. To that end, it is directed that all provisions of this Charter shall be liberally construed, and the council is hereby vested with all legislative powers required to augment these provisions and to insure at all times the effective operation of this Charter.

Sec. 162. - Renumbering and rearrangement of charter provisions.

The council shall have the power, by ordinance, to renumber and rearrange all articles, sections, paragraphs of this Charter or any amendments thereto, as it shall deem appropriate.

Sec. 163. - Amendments.

This Charter may be amended at any time in accordance with the applicable provisions contained in of statutes and as provided by the constitution of Texas.

(Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 164. - Separability clause.

Should any article, section, part, paragraph, sentence, phrase, clause or word of this Charter, for any reason, be held illegal, inoperative or invalid, or if any exception to or limitation upon any general provision herein contained be held to be unconstitutional or invalid or ineffective, the remainder shall, nevertheless, stand effective and valid as if it had been enacted without the portion held to be unconstitutional or invalid or ineffective.

Sec. 165. - Reserved.

Editor's note—

Ordinance No. 85965, § 1 (Prop. 1), adopted May 5, 1997, deleted § 165, which no longer has any effect. Formerly, such section pertained to submission of charter to electors and derived from an election effective January 1, 1952.