The Council shall be composed of the Mayor and six (6) Councilmembers. The Mayor and all Councilmembers shall be elected from the City at Large and each Councilmember shall occupy a position on the Council, such positions being numbered one (1) through six (6) consecutively. The Mayor and Councilmembers shall be elected in the manner in Article V of this Charter to serve for two (2) year terms. The Mayor, Councilmember Place Two (2), Councilmember Place Four (4), and Councilmember Place Six (6) shall be elected in the even years. Councilmember Place One (1), Councilmember Place Three (3), and Councilmember Place Five (5) shall be elected in the odd years.
In addition to any qualifications prescribed by law, the Mayor and each Councilmember shall meet the conditions of Section 5.02 while in office, and shall reside within the City while in office.
The Council shall be the final judge of all elections and of qualifications of its members and any other elected officials of the City.
Councilmembers shall serve without compensation. However, they shall be entitled to all expenses incurred in the performance of their official Council duties upon approval by the Council.
The Mayor shall be the official head of the City Government, and shall work with the City Manager with assistance from the City Secretary and other City staff members, as required, in preparing agendas for the Council meetings. The Mayor shall preside at all meetings of the Council, shall sign all ordinances, orders, resolutions, statements, agreements, conveyances, plats, instruments, and documents, authorized or enacted by the Council, except as delegated to the City Manager or their designee. The Mayor shall vote on all issues, proposals, questions, and motions which require Council votes. The Mayor shall not have the power to veto or modify any ordinance adopted by the Council and shall not, in any way, neutralize or negate any action of the Council. The Mayor shall be recognized as the head of City government for all ceremonial purposes and shall be responsible for providing initiative and guidance in the orderly management and growth of the City.
The Mayor Pro Tem shall act as Mayor during the disability or absence of the Mayor, and, in this capacity, shall have the rights conferred upon the Mayor.
(Amended May 1, 2021)
(a)
Vacancies:
The office of a Councilmember or office of the Mayor shall become vacant upon their death, resignation, removal from office in any manner authorized by law, or forfeiture of their office.
(b)
(c)
Filling of Vacancies:
A single vacancy in the Council shall be filled within thirty (30) days of the occurrence of the vacancy, by a majority of the remaining members of the Council by the appointment of a person qualified for the position as described in this Charter. The Council shall, within 90 days of the election adopting this provision, adopt a procedure for such appointment to be stated in the Rules of Procedure under Section 3.11 of this Charter; any amendment, supplement, or alteration of the adopted appointment procedure shall be void if it was adopted or became effective 90 days prior to any vacancy under this Section. This appointee shall serve until the position is filled at the next regular City election and shall be disqualified from candidacy for any place on the City Council for the next general or special election following the appointment.
When more than one vacancy shall develop at any time, a special election shall be called by the Council within thirty (30) days following the occurrence of the vacancies to fill the vacancies in the same manner as described herein for regular elections. However, if the vacancies occur within 120 days of a regular election, then no special election shall be called and the remaining Councilmembers shall appoint qualified persons to fill vacancies until the regular election. Notwithstanding the requirement in Section 3.10, if at any time the membership of the Council is reduced to less than four (4), the remaining members may by majority action appoint additional members to raise the membership to four (4). These appointees shall serve until the positions can be filled at the next regular or special City election.
All vacancies filled by election shall be for the remainder of the unexpired term of the office so filled.
(Amended May 5, 2018)
All powers of the City shall be vested in the Council, except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law.
(a)
Holding Other Office:
No Mayor or Councilmember shall hold any other City office or City employment during their term as Mayor or Councilmember and no former Mayor or Councilmember shall hold any compensated appointive City office or City employment until one (1) year after the expiration of their term as Mayor or Councilmember.
(b)
Appointments and Removals:
Neither the Council nor any of its members shall in any manner dictate the appointment, promotion, demotion, discipline or removal of any City employees other than the City Manager or City Attorney, but any Councilmember may express its views and fully and freely discuss with the City Manager or City Attorney anything pertaining to appointment and removal of such employees.
(c)
Interference with Administration:
Except for the purpose of inquiries and investigations under Section 3.16 of this Charter, the Council shall deal with City employees who are subject to the direction and supervision of the City Manager or City Attorney solely through the City Manager or City Attorney. Neither the Council nor any of its members shall give orders to or in any way publicly or privately exercise the influence of their office on any City employee in their official or personal capacity, except as otherwise authorized in this Charter.
(d)
Attorney-Client Privilege:
No Mayor or Councilmember shall disclose any attorney-client privileged communication. The City Council as the governing body of the City solely holds and is entitled to the attorney client-privilege, and it may only be waived by an affirmative vote of two-thirds of the City Council.
(Amended May 5, 2018)
The Council shall hold at least two (2) regular meetings each month and as many additional meetings as it deems necessary to transact the business of the City. The Council shall fix, by ordinance, the days and time of the regular meetings. Special and emergency meetings of the Council shall be held on the call of the Mayor or a majority of the Councilmembers. All regular, special and emergency meetings of the Council shall be held in accordance with Chapter 551 of the Texas Government Code (“The Open Meetings Act”) as hereafter amended.
(Amended May 12, 2012)
Four (4) Councilmembers shall constitute a quorum for the purpose of transacting City business, and no action of the Council, except as provided in Section 3.06, shall be valid or binding unless adopted by the affirmative vote of four (4) or more members of the Council.
The Council shall, by resolution, determine, adopt and amend its own rules, procedures and order of business. The rules shall provide that citizens of the City shall have a reasonable opportunity to be heard at any meeting in regard to any matter under consideration.
(Amended May 12, 2012)
The Council shall provide for minutes to be taken and recorded of all meetings, except those meetings held in executive session. Such minutes shall be a public record. The Council may determine its own rules for voting not inconsistent with State law. Any Councilmember may require a roll call vote before a vote is taken.
(Amended May 8, 2010)
No ordinances except emergency ordinances shall be finally passed until they have been read on two (2) separate days not less than 72 hours apart. The final reading of each ordinance shall be in full unless a written or printed copy thereof shall have been furnished to each member of the Council prior to such meeting
The enacting clause of all ordinances shall be:
“Be it ordained by the City Council of the City of Cedar Park, Texas.”
All ordinances which levy a fine or penalty and those which deal with the budget, taxes, franchises, public utilities or the setting of their rates shall be read at two (2) regular meetings followed by publication in full or by caption in at least one (1) issue of the official newspaper of the City before the same shall become effective.
To meet a public emergency affecting life, property, or the public peace, the Council may adopt emergency ordinances. Such ordinances shall not levy taxes, grant or renew or extend a franchise, or regulate the rate charged by any public utility for its services. The Council shall not authorize the borrowing of money, except as provided in Article VIII, Section 8.06. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. Such emergency clause shall require the affirmative vote of four (4) members of the Council. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of four (4) members of the Council shall be required for adoption. After adoption, the ordinance shall be published as required for other adopted ordinances and shall become effective in the same manner. Every emergency ordinance so adopted, except one authorizing the borrowing of money as described herein, shall automatically stand repealed as of the sixty-first (61st) day following the day on which it became effective, but this shall not prevent re-enactment of the ordinance.
Editor’s note–Former Section 3.15 “Bonds for City Employees” was deleted May 5, 2018.
The Council shall have the power to adopt ordinances permitting the it [City Council] to inquire into the official conduct of any department, agency, officer or employee of the City and permitting the Council to subpoena witnesses, administer oaths, and compel the appearance of witnesses and the production of books, papers, records and other evidence material to a specific inquiry. Such ordinances adopted by the Council shall include provisions for penalties for contempt in failing or refusing to obey orders issued by the Council as authorized by such ordinances; and such ordinances shall provide for punishment for any such contempt in a manner provided by such ordinances.