There is hereby established a Council of the City of Katy, Texas. The City as here referred to shall be deemed to include the City of Katy, and any and all territory at any time annexed to the City of Katy. This Council shall consist of one Councilmember elected from the City At large and four Councilmembers elected from the Wards established by the City designated within the City as Ward A., and Ward B.; the Councilmembers shall be elected, two from Ward A., and two from Ward B., and one at-large. The candidate for Councilmember from a Ward shall reside in the Ward for which he seeks election. The candidate for Councilmember must be a citizen of the United States, at least twenty-one (21) years of age, a qualified voter residing within the City for at least twelve (12) months prior to his election. He shall not hold any other public office.
(Amended 5/1/93; 5/1/2021)
a. 
The term of the Councilmembers shall be three years. The tenure in office for Councilmembers shall not exceed two consecutive three-year terms.
b. 
This provision becomes effective January 1, 2020.
(Amended 5/6/17, amnd. 3)
Any member of the City Council remaining absent for three (3) consecutive regular meetings of the Council, without first having obtained a leave of absence at a regular meeting, may have his office declared vacated by a majority vote of all the remaining members of the Council. Any member of the City Council remaining absent for six (6) consecutive regular meetings of the Council shall be deemed to have vacated his office.
a. 
When a vacancy occurs on the City Council, the remaining members thereof must, fill the vacancy in accordance with Article XI, Section 11 of the Texas Constitution except that any vacancy occurring for an unexpired term of 12 months or less shall be filled by appointment within twenty (20) days. Any persons elected or appointed to fill a vacancy in the Office of Councilmember shall possess all of the qualifications herein required for the Office. In the event that the Mayor and the Mayor Pro Tem should resign at the same time, the remaining members of the City Council, or any of them, shall have the right and power to issue legal notice of such election to be held and to elect and appoint Election Officials. Should all positions on the City Council become vacant at one time, then in such event, the County Judge of Harris County, Texas, is hereby empowered and directed to issue notice of such special election, for and on behalf of said City, and to appoint qualified persons as Election Officials.
b. 
If a member of the Council shall file to become a candidate for nomination or election to any other public office, his office shall be vacant and the vacancy thereby created shall be filled in the same manner as any other vacancies.
c. 
The office of Councilmember shall be vacant at such time as that Councilmember ceases to possess any of the qualifications listed in Section 1.
(Amended 4/2/83; 5/6/89; 5/1/2021)
a. 
Meetings of the Council -
The Council shall meet in regular session at the City Hall at least twice each month at such time as may be prescribed by ordinance, unless otherwise ordered by the Council, the reason to be put into the Minutes of the Council. The Mayor, acting alone, may cancel a regular or special council meeting anytime prior to the meeting when inclement weather or dangerous conditions of any kind may threaten the health and safety of employees of the City required to attend such meeting or the safety and welfare of members of the public wishing to attend such meeting. Special meetings of the Council shall be called by the Office of the City Secretary upon written request of the Mayor or of two Councilmembers. Except for meetings for discussion of personnel, land acquisition, or litigation, all meetings shall be open to the public. Notice of meetings will be posted by the Office of the City Secretary in a conspicuous place at City Hall, at least 72 hours before the meeting. Notice of such special meetings shall be given to each Councilmember, which said notice shall state the date for such meeting and the subjects to be considered at such meeting, and no other subjects shall there be considered. Said notice to the Mayor and the Councilmembers shall be sufficient if delivered to the Councilmember in person, or in the event of the inability to locate said Councilmember within the City of Katy, Texas, delivery of such notice to his or her home shall be sufficient.
b. 
Quorum -
Four-fifths (4/5) of the members of the Council shall constitute a quorum to do business, but a lesser number may adjourn from time to time and compel the attendance of absent members in the manner prescribed by ordinance. A vote regarding adjournment or the attendance of absent members may be adopted by a majority of the members present but in all other matters upon which the Council may vote, three-fifths (3/5) vote of all members of the Council in Office shall be necessary for adoption, provided, however, in the event of a tie vote with only four Councilmembers present, then the Mayor shall be entitled to vote and break the said tie. In all matters upon which the Council votes, the individual votes shall be recorded by the City Secretary in the Minutes of the Council, and shall be a public record.
c. 
Rules of Procedure -
The Council shall by ordinance determine its own rules and order of business. Minutes of all meetings of the Council shall be taken and recorded, and such Minutes shall constitute a public record.
d. 
Each Member Present Shall Vote -
Except as otherwise herein provided, each member of the Council in attendance at the Council meeting shall vote upon every issue upon which a vote is called. Any member present who fails or refuses to vote under such circumstances shall be recorded as having cast a negative vote.
e. 
Emergency Meetings -
Emergency meetings of the Council shall be allowed and called in accordance with Texas State Law only when City Council must act in an emergency to authorize emergency appropriations as set out in Article IV, Section 11.
(Amended 4/6/85; 5/3/97)
At the next regular Council meeting, after the Mayor has vetoed any ordinance or resolution of the Council, the Council may, by the affirmative vote of at least three members qualified and serving, override such veto, in which event such ordinance or resolution shall be considered finally passed and approved and shall not be subject to further veto. The Mayor shall not participate in such vote in event of a tie.
In the event the Mayor or the department head suspends without pay, any appointed, salaried officer or employee of the City in the manner authorized by this Charter, such suspended officer or employee may within fifteen (15) days after the date of his suspension file a written petition with the Office of the City Secretary requesting a hearing before the City Council on such suspension. Said petition shall be signed by the officer or employee, shall contain his home address, and shall state whether he desires a public or a private hearing. If the petition is timely and properly filed, the Office of the City Secretary shall within ten days thereafter set a time for hearing such petition, such hearing to be held not less than six nor more than twenty days thereafter and to be either a public or private hearing, as requested by the suspended officer or employee in his petition. The Office of the City Secretary shall give written notice of the time of such hearing to the suspended officer or employee at the address shown in the petition by depositing the same, postage [prepaid] by registered or certified mail, return receipt requested, in the United States mail at least five days prior to the date of such hearing. All such hearings shall be held at the City Hall of the City. At the hearing, the Mayor or the department head, as the case may be, and the suspended officer or employee shall be given the right to be heard. Within ten days following such hearing, a majority of the City Council may remove such suspension and reinstate the officer or employee to his office or position of employment, in which event such officer or employee shall be entitled to receive all wages and benefits lost during the period of his suspension. However, if the petition is not timely or properly filed, or if a majority of City Council does not remove the suspension and reinstate such officer or employee, his removal and discharge shall be effective as of the date of his suspension, by the Mayor or by the department head. The action of the Councilmembers on the question of the removal of such suspension and reinstatement shall be final.
(Amended 5/6/00; 5/1/2021)
The Council shall legislate by ordinance only, and the enacting clause of every ordinance shall be “Be It Ordained by the City Council of the City of Katy.” All ordinances shall be submitted to the City Attorney for his approval before adoption and unless approved by him in writing, he shall file with the Office of the City Secretary his written legal objections thereto. Every proposed ordinance shall be read in open meeting of the Council by request of the Mayor or at least one Councilmember before a vote is taken thereon; provided that whenever a second and third reading are required by law or this Charter, it shall be sufficient upon the second and third reading that the ordinance be read by descriptive caption only. All ordinances, unless otherwise provided by law or this Charter or by the terms of such ordinances, shall take effect immediately upon the final passage thereof.
Every ordinance imposing any penalty, fine or forfeiture for any violation of any of its provisions shall be published in the official Newspaper of the City and every such ordinance shall not take effect until 15 days after the date of the first publication. In lieu of publishing the full text of such an ordinance, the Council may provide, in the enactment thereof, that the publication shall be only of a descriptive caption or title stating in summary the purpose of the ordinance and the penalty for violation thereof. When an ordinance is published by descriptive caption only, the Office of the City Secretary shall upon request, furnish a copy of such ordinance to any interested persons. When any ordinance is required to be published by this Section or other provision of the law or this Charter, the affidavit of such publication by the publisher of the Official Newspaper taken before any Officer authorized to administer oaths and filed with the City Secretary shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts.
(Amended 4/2/83; 5/1/2021)
All powers of the City and the determination of all matters of policy shall be vested in the City Council except as outlined as duties of the Mayor in Article III. By way of illustration but not limitation, the following enumerated powers are among these powers that may be exercised by the City Council:
a. 
Adopt the budget of the City.
b. 
Authorize the issuance of bonds by a bond ordinance.
c. 
Adopt and modify the zoning plan and the building codes of the City.
d. 
Adopt and modify the Official map of the City.
e. 
Regulate, license and fix the charges or fares made by any person, firm or corporation owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the City.
f. 
Provide for the establishment and designation of fire limits and prescribe the kind and character of buildings or structures or improvements to be erected therein and provide for the erection of fireproof buildings within such buildings within said limits, and provide for the condemnation of dangerous structures or buildings or dilapidated buildings or buildings calculated to increase fire hazard and prescribe the manner of their removal or destruction within said limits.
g. 
Fix the salaries and compensation of the City Officials and employees.
h. 
Provide for a sanitary sewer and water system and require property owners to connect their premises with sewer system and provide for penalties for failure to make sanitary sewer connections.
i. 
Provide for sanitary garbage disposal, and set fees and charges therefore, and provide penalties for failure to pay such fees and charges.
j. 
Exercise exclusive dominion, control, and jurisdiction including the right to close and abandon streets and alleys, highways, boulevards and public grounds of the City and provide for the improvement of same.
k. 
Compromise and settle any and all claims and lawsuits of every kind and character in favor of or against the City of Katy.
l. 
And such other and further powers as have been or may from time to time hereafter be delegated to Home Rule cities by the Legislature of the State of Texas, including the powers incident to the exercise thereof.
m. 
All powers of this Charter are vested in the City Council. The Council shall conduct all business in meetings. No member of the Council shall have any power to act or make appointments without the specific authorization of the Council in a meeting.
(Amended 5/1/2021)
The City Council by ordinance may create boards, commissions or committees. The members of any such boards, commissions or committees shall be appointed by the Council upon the recommendation of the Mayor and shall receive no compensation from the City.
(Amended 5/1/93)
All contracts for the purchase of supplies, materials, equipment, or for contractual services for a sum in excess of the amount authorized by State law, shall be in writing and opportunity for competitive bidding shall be given before they are awarded, after such public notice as may be required by the laws of the State of Texas. The Council shall have the right to reject any and all bids. All contracts for the purchase of supplies, materials, equipment, or for contractual services where such purchase requires an expenditure less than the amounts above stated and the item(s) is one provided for in the budget, may be authorized by Council to be made by designated City Official without the necessity of competitive bidding. When it becomes necessary to act at once to appropriate money for emergency repairs to preserve or protect the public health; or in case of unforeseen damage to public property, then the provision for competitive bidding shall not apply, and Council may, by Ordinance, authorize the purchase. The Council may, by Ordinance, purchase real estate for the City without following the procedure for competitive bidding.
(Amended 5/3/97; 5/1/2021)
The Council may enter upon cooperative agreements with the proper authorities of State, Federal or County Governments, or other Municipalities, for mutual assistance within the area of an existing or threatened emergency.
If any section, subsection, clause, sentence, or phrase of this Article is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of this Article, or any remaining portions of this Article.