(a) 
Composition.
(1) 
There shall be a city council consisting of six (6) councilmembers and a mayor. There shall be only the office of mayor and the office of councilmember. The mayor shall be elected by the qualified voters of the city at large. Two (2) councilmembers shall be known as councilmembers at-large, but will file for either Place 1 or Place 2, but not both, and shall be elected by the qualified voters of the city at-large. The other four (4) shall be known as district councilmembers, one to be elected from each district by the qualified voters of the city at-large.
Districts shall be as follows:
DISTRICT NO. 1 - shall consist of all the property north of the former Texas and Pacific Railroad right-of-way and west of the center line of Travis Street to its intersection with the city limits, and all of the property within the city limits of the City of Sherman north and west of these lines.
DISTRICT NO. 2 - shall consist of all the property north of the former Texas and Pacific Railroad right-of-way and east of the center line of Travis Street to its intersection with the city limits, and all of the property within the city limits of the City of Sherman north and east of these lines.
DISTRICT NO. 3 - shall consist of all the property south of the former Texas and Pacific Railroad right-of-way, east of the center line of Travis Street to its intersection with U.S. Highway 75S, east of the center line of U.S. Highway 75S to the city limits, and all property within the city limits of the City of Sherman south and east of these lines.
DISTRICT NO. 4 - shall consist of all the property south of the former Texas and Pacific Railroad right-of-way, west of the center line of Travis Street to its intersection with U.S. Highway 75S, west of the center line of U.S. Highway 75S to the city limits, and all of the property within the city limits of the City of Sherman south and west of these lines.
The city council shall reevaluate the four (4) districts every ten (10) years after the census has been taken by the United States Census Bureau and redelineate the boundaries of the districts conforming as nearly to quadrants as possible with the view of establishing an equality of the inhabitants in each quadrant as nearly as possible for a sectional geographical division.
(2) 
Each candidate for office and each elected official shall have and maintain their primary residence within the corporate limits of the City of Sherman and of the district for which they are running or to which they were elected. The election of the councilmember for a district shall be by the voters of the entire City of Sherman.
(3) 
Commencing with the regular election held in April 1973, a mayor and two (2) councilmembers shall be elected from the city at-large.
(4) 
All terms of office shall be for three (3) years, or until the successor has been elected and qualified. Service in office for more than eighteen (18) months of a three (3) year term, shall constitute a full term.
(5) 
A councilmember or mayor may serve a maximum of four (4) consecutive terms in any combination of offices. After a councilmember or mayor has served their maximum term of office, a one (1) year (360 day) absence from office is required before that person will be eligible to hold another elective office.
(b) 
Eligibility.
Each candidate for an elected office and each elected official of the city shall be a citizen of the United States of America, and a qualified voter of the State of Texas; shall be at least twenty-one (21) years old, shall have resided at least twelve (12) months next preceding the election, at which they are a candidate, within the corporate limits of the City of Sherman, shall be a resident of their district, nor be disqualified by reason of any provision of any other section of this charter. Eligibility is determined as of five o'clock p.m. on the last day for filing for the office the candidate is seeking.
(c) 
Additional councilmembers when population reaches 75,000.
When the population of the City of Sherman reaches seventy-five thousand (75,000) as shown by the official United States census, the council shall be increased by two (2) members who shall be elected at-large at the next regular election of councilmembers at-large.
(Ordinance 3048, sec. 2(1), (2), adopted 4/5/75; Ordinance 4267, sec. 2, adopted 1/16/93; Ordinance 4745, sec. 2, adopted 3/8/99; Ordinance 4927, sec. 4(1), (2), adopted 5/5/01; Resolution 4442, adopted 5/6/03; Subsecs. (a)(6) & (b) amnd. by 5/7/05 election, proposition no. 3, 4 & 10; Subsecs. 1(a)(4)–(6) amnd. by amendments 1, 2, & 3 approved at an election held 5/12/07 and certified by Resolution 5017 adopted 5/22/07; Ordinance 6083 adopted 12/4/17; Resolution 6561 adopted 11/18/19)
Each councilmember shall receive fifty dollars ($50.00) for each attended regular, special or emergency meeting of the council. The mayor shall receive seventy-five dollars ($75.00) for each attended regular, special or emergency meeting of the council. In addition, each shall be entitled to necessary expenses incurred in the performance of their official duties. In the event that such expenses exceed the budget, approval for reimbursement by the City Council shall be required. There shall be no other allowance, compensation, benefits, or special consideration received by the mayor, councilmembers, or fee for service employees. All expenses shall be itemized and approved by the city manager before payment to the recipient. The City of Sherman shall not be financially responsible for personnel service required by the mayor or a councilmember in performance of his or her official duties other than those services that may be provided by regularly employed personnel of the city.
(Ordinance 3565, sec. 2, adopted 2/8/82; Ordinance 4745, sec. 2, adopted 3/8/99; Resolution 4442 adopted 5/6/03)
The mayor shall preside at the meetings of the council, and shall be recognized as head of the city government for all ceremonial purposes, and by the governor for purposes of military law, but shall have no regular administrative duties. The mayor shall be entitled to vote upon all matters considered by the council. The mayor shall not make or second motions. The council shall elect a deputy mayor from the council for a one-year term, or until the council is reorganized, who shall act as mayor during the absence or inability of the mayor to serve. If a vacancy should occur in the office of mayor, the deputy mayor shall serve for the remainder of the mayor's term or until the next general election, whichever shall first occur.
(Ordinance 3048, sec. 2(3), adopted 4/5/75; Ordinance 4745, sec. 2, adopted 3/8/99)
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 upon the city by law, and the council is granted all the powers presently authorized by the legislature, expressly or by implication, including the power to cause the creation of one or more non-profit corporations under the laws of the state to act on behalf of and to assist the city with respect to the city's public utilities or other functions of the city.
(Ordinance 4745, sec. 2, adopted 3/8/99)
(a) 
Holding other offices.
Except when authorized by law, no mayor or councilmember shall hold dual offices or incompatible offices or any other city office or city employment during the term for which he or she was elected to the council, and no former mayor or former councilmember shall hold any compensated appointive city office or city employment until one year after the expiration of the term for which he or she was elected.
(b) 
Appointments and removals.
Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officer or employee whom the manager or any of his or her subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees.
(c) 
Interference with administration.
Except for the purpose of inquiries, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager only through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. Nothing in this Section should be interpreted to limit the council's power of investigation and inquiry under Section 8 of this Article.
(Ordinance 3048, sec. 2(4), (5), adopted 4/5/75; Ordinance 4745, sec. 2, adopted 3/8/99; Subsec. 5(c) amnd. by amendment 4 approved at an election held 5/12/07 and certified by Resolution 5017 adopted 5/22/07)
(a) 
Vacancies.
The office of the mayor or councilmember shall become vacant upon their death, resignation, removal from office in any manner authorized by law, or forfeiture of the office. If an elected official changes their primary residence to outside the corporate limits of the City of Sherman or the district to which they were elected, their office shall immediately become forfeit and vacant.
(b) 
Forfeiture of office.
The mayor or a councilmember shall forfeit their office if, during the term of office, they:
(1) 
Lack any qualification for the office prescribed by this charter or by law;
(2) 
Violate any express prohibition of this charter;
(3) 
Have been given probation, deferred adjudication, or are convicted of a crime involving a felony or a crime involving dishonesty or deceit;
(4) 
Fail to attend three (3) consecutive regular meetings of the council or a total of six (6) such meetings in any one year without being excused by the council; or
(5) 
Commits an act of malfeasance, incompetence, or misconduct as determined by a super-majority vote of a quorum of the remaining members of the City Council.
(c) 
Filling of vacancies.
If only one seat on the council becomes vacant at a time, it shall be filled by a majority vote of the remaining members present and voting until the next regular city election. If two (2) or three (3) seats on the council become vacant at the same time, a special election shall be ordered to fill such vacancies unless the next regular city election is to be held within a ninety (90) day period and, in that event, the seats shall remain vacant until filled at such regular election. If four (4) or more vacancies exist at the same time, the mayor, or the deputy mayor in the mayor's absence, shall have the power and shall immediately order a special election to fill all such vacancies. In the event a special election is not ordered as provided herein, then it shall be ordered as provided in Section 1 of Article III of this charter.
(Ordinance 4745, sec. 2, adopted 3/8/99; Resolution 4442 adopted 5/6/03; Resolution 6300 adopted 11/20/17)
The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of their office shall be entitled to a public hearing on demand, and notice of such hearing shall be published at least once in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Decisions made by the council under this section may be subject to review by the courts.
(Ordinance 4745, sec. 2, adopted 3/8/99)
The city council shall have the power to inquire into and investigate all matters involving the municipal affairs of any office, department, agency or employee of the city and, for that purpose, with due process, may order the presence and testimony of witnesses by subpoena and order the production of books, records, papers or other evidence. Failure to obey such subpoena, failure to testify fully and truthfully or failure to produce the evidence as ordered shall constitute sufficient grounds for termination of employment.
(Ordinance 4745, sec. 2, adopted 3/8/99; Resolution 4442 adopted 5/6/03)
(a) 
Meetings.
The first meeting of each newly elected council shall take place in accordance with the Texas Election Code. Thereafter, the city council will hold regular meetings on the first and third Mondays of each month, excluding city staff holidays, at its discretion. In the case of a holiday, the regular meeting shall be held on the Tuesday immediately following said holiday. Special and emergency meetings may be held on the call of the mayor or of four (4) or more councilmembers. All meetings shall be open to the public in accordance with the Texas Open Meetings Act, except for lawfully conducted executive sessions, the discussions of which shall be confidential. An final action shall be noticed on the agenda and decided in a public meeting.
(b) 
Rules and journal.
The council shall determine its own rules and order of business except that, upon the request of any member, Roberts Rules of Order shall be followed for the designated issue. There shall be kept a detailed journal of its proceedings, which shall be a public record.
(c) 
Voting.
The council shall determine its own rules for voting except that, upon the request of any member, a roll call vote shall be required for the issue being considered. Four (4) members of the council shall constitute a quorum. No action of the council except as otherwise provided in this charter shall be valid or binding unless adopted by the affirmative vote of the majority of councilmembers present and voting.
(Ordinance 3048, sec. 2(6), adopted 4/5/75; Ordinance 4745, sec. 2, adopted 3/8/99; Ordinance 4927, sec. 4(3), adopted 5/5/01; Resolution 4442 adopted 5/6/03; Ordinance 5917, sec. 1, adopted 12/7/15; Ordinance 6092 adopted 12/18/17)
In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city council shall be by ordinance which:
(a) 
Adopt or amend an administrative code or establish, alter or abolish any city department, office or agency;
(b) 
Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;
(c) 
Levy taxes, except as otherwise provided in Article V with respect to the property tax levied by adoption of the budget;
(d) 
Grant, renew or extend a franchise;
(e) 
Regulate the rate charged for its services by a public utility;
(f) 
Authorize the borrowing of money;
(g) 
Adopt with or without amendment ordinances proposed under the initiative powers; and
(h) 
Amend or repeal any ordinance previously adopted, except as otherwise provided in this charter with respect to repeal of ordinances reconsidered under the referendum power.
Acts other than those referred to in the preceding sentences may be done either by ordinance, resolution, motion and/or order. A resolution, motion and/or order is the form in which the city council expresses an opinion or a decision applicable to the performance of a ministerial act, or the administrative business of the City of Sherman, Texas. The procedural requirements of passing resolutions, motions and/or orders shall be different from the procedural requirements effecting [affecting] the passing of ordinances as set out in this chapter [charter].
(Ordinance 3048, sec. 2(7), adopted 4/5/75; Ordinance 4745, sec. 2, adopted 3/8/99)
(a) 
Form.
Ordinances may pertain to matters regulating persons or property and have the force of local law. Each proposed ordinance shall be introduced in written or printed form, and shall not contain more than one subject, which shall be clearly stated in the title; but general appropriation ordinances may contain the various subjects and accounts for which monies are to be appropriated. The enacting clause of all ordinances passed by the council shall be: "Be it ordained by the City Council of the City of Sherman." The enacting clause of all ordinances submitted by the initiative shall be: "Be it ordained by the people of the City of Sherman."
When any proposed ordinance, resolution, motion and/or order, or other thing duly presented for action by the city council shall be finally acted upon, such action shall be binding as the final action of the city thereupon until the same shall be amended or repealed in some legal manner authorized and provided by this charter.
Any ordinance which repeals or amends an existing ordinance or part of the City Code shall set out in full the ordinance, sections or subsections to be repealed or amended, and shall indicate the matter to be omitted by enclosing it in brackets or by strikeout type, and shall indicate new matter by underscoring or by italics.
If the provisions of two (2) or more ordinances adopted or approved at the same meeting conflict, the ordinance receiving the highest affirmative vote shall prevail.
(b) 
Procedure affecting ordinances only.
An ordinance may be introduced by any city council member by causing the proposed caption to be read and adopted at any regular or special meeting of the council after a public hearing, provided that prior to adoption the officer of public records shall distribute a copy to each councilmember and to the manager, shall file a reasonable number of copies in the office of the officer of public records and such other public places as the council may designate, and shall publish the caption of the ordinance one time, together with a notice setting out the time and place for a public hearing thereon. The public hearing shall follow the publication by at least a seventy-two (72) hour notice, in accordance with the Texas Open Meetings Act, and may be adjourned from time to time. The public hearing shall be held where all persons interested shall have an opportunity to be heard. Immediately after the hearing, the council may adopt the ordinance with or without amendments or reject it but, if it is amended as to any matter of substance that is not within the scope of the published caption, the council may not adopt it until the amended caption of the ordinance or its amended sections have been published and a new public hearing has been held. Adoption shall occur upon the affirmative vote of the members present and voting, and the ordinance shall take effect immediately upon the signature of the mayor, the deputy mayor or automatically seven (7) days after its adoption, unless otherwise provided by law or by its own terms.
(c) 
Resolutions, motions and orders.
Matters pertaining to city policy, administration or directing action to be taken may be made by a resolution or motion and order and shall be adopted and take effect immediately upon the majority vote of the members present and voting. Resolutions shall be written, assigned a sequential number, and kept as a permanent record by the city clerk. Motions and orders may be oral and their subject matter shall be recorded in the minutes.
(d) 
"Publish" defined.
As used in this section, the term "publish" means to print one time or as required by law on the City's official website:
(1) 
the ordinance, or a brief summary thereof, and
(2) 
the places where copies of it have been filed, and the times when they are available for public inspection.
(e) 
Emergency ordinance.
The city council may meet in an emergency meeting because of an imminent threat to public health and safety or an unforeseen combination of circumstances that calls for immediate action, in accordance with the Texas Open Meetings Act. The council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, issue time warrants or revenue bearing warrants, grant, renew or extend a franchise, or authorize the borrowing of money except as provided by subsection 5(b), Article V. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated 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. An emergency ordinance may be adopted with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of a majority of the members present and voting shall be required for adoption. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption, or at such later time as it may specify. Every emergency ordinance except one made pursuant to Article V, subsection 5(b), or made to regulate the rates charged by any public utility for its services, shall automatically stand repealed as of the ninety-first day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of an emergency ordinance.
(f) 
The foregoing provisions relating to the passage of ordinances or resolutions shall not apply to an ordinance or resolution calling a bond election, an ordinance or resolution canvassing the returns of a bond election, an ordinance authorizing the issuance of bonds which have previously been authorized by the qualified electors, or to an ordinance authorizing the issuance of refunding bonds. Nor shall said provisions apply to ordinances or resolutions giving notice of intention to issue time warrants or certificates of obligation or to ordinances authorizing same within the amounts provided for elsewhere in this charter. And, provided further, the aforementioned ordinances and resolutions may be passed, approved and adopted on one reading.
(Ordinance 3048, sec. 2(8)–(11), adopted 4/5/75; Ordinance 3565, sec. 2, adopted 2/8/82; Ordinance 4745, sec. 2, adopted 3/8/99; Resolution 4442 adopted 5/6/03; Ordinance 5917, sec. 2, adopted 12/7/15; Ordinance 6244 adopted 9/3/19)
The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally, except that:
(a) 
The requirements of Article II, Section 11 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations, as well as of the adopting ordinance, and
(b) 
A copy of each adopted code of technical regulations, as well as of the adopting ordinance, shall be authenticated and recorded by the officer of public records pursuant to Article II, Section 13.
Copies of any adopted code of technical regulations shall be made available by development services and on-line.
(Ordinance 5917, sec. 3, adopted 12/7/15)
(a) 
Authentication and recording. The officer of public records shall authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances, resolutions, motions and orders adopted by the council.
(b) 
Codification. Within three (3) years after adoption of this charter, and at least every ten (10) years thereafter, the council shall provide for the preparation of a general codification of all city ordinances having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly in bound or looseleaf form and electronically, together with this charter and any amendments thereto, pertinent provisions of the constitution, and other laws of the State of Texas, and such codes of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as the Sherman City Code. Copies of the code shall be furnished to city officers, placed in libraries and public offices for free public reference and made available on-line.
(c) 
Printing of ordinances. The council shall cause each ordinance having the force and effect of law, and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the council. Following publication of the first Sherman City Code and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect, and shall be suitable in form for integration therein. The council shall make such further arrangements as it deems desirable with respect to reproduction and distribution of any current changes in or additions to the provisions of the constitution, and other laws of the State of Texas, or the codes of technical regulations and other rules and regulations.
(Ordinance 3048, sec. 2(12)–(14), adopted 4/5/75; Ordinance 5917, sec. 4, adopted 12/7/15)