The governing and law-making body of the City of Granbury shall consist of a Mayor and five (5) Councilpersons (collectively referred to as “Members of City Council”) and said body shall be known as the “City Council of the City of Granbury.” The members of the City Council of the City of Granbury shall be the only elective officers of the City and shall run for office by place and be elected from the City at large in the manner provided in Article 3, for a term of three years, Or until their successors are duly elected and qualified. Said Mayor and Councilpersons shall be reimbursed by an expense allowance and by special vouchers for any lawful expenditures made in [on] behalf of the City for expenses incurred in the performance of their duties when approved by the Council[.]
(Section 2.01 amended by an election held May 4, 2002; resolution 15-31 at an election held November 3, 2015; amended by an election held November 6, 2018)
No person elected to the City Council shall, during the term for which he/she was elected, or for a period of two years from the end of said term, be appointed to any office or position in the service of the City. If a member of the Council, or a member of any Board appointed by the Council, or any officer or employee appointed by the Council who is serving a term of more than two years shall become a candidate for nomination or election to any publicly elected office, other than when seeking re-election to the same position on the City Council, he/she automatically resigns his/her office upon such candidacy.
(Section 2.02 amended by election held May 4, 2002; amended by an election held November 6, 2018)
Each Member of City Council shall be a citizen of the United States of America and a registered qualified voter of the State of Texas and shall be at least 18 years of age; and shall live within the Corporate Limits of the City of Granbury; shall have resided for at least one (1) year, next preceding the election at which they are candidates, within the Corporate Limits of the City of Granbury, and shall not be disqualified by any reason of any provision of any other section of this Charter; and shall not have been previously convicted of a felony.
(Section 2.03 amended by an election held November 6, 2018)
A. 
VACANCIES. The office of a councilmember or Mayor shall become vacant upon the member’s death, resignation, removal from office or forfeiture of office in any manner authorized by law.
B. 
FORFEITURE OF OFFICE. A Member of City Council shall forfeit that office if that person[:]
1. 
is found guilty of Official Misconduct as described in Section 2.05.C and D;
2. 
is convicted of a felony; or
3. 
fails to attend three consecutive regular meetings of the Council without being excused by the Council.
C. 
In the event an allegation of official misconduct is raised by any Member of City Council or the City Manager, the City Council shall be authorized by a vote of not less than four (4) Members of the City Council to expel such offending member from the Council if found guilty after a public hearing, conducted pursuant to a process adopted by City Council by ordinance, and thereby determine the office forfeited and create a vacancy in the place held by such member.
D. 
OFFICIAL MISCONDUCT. Intentional or knowing violation of a Law committed while acting in an official capacity as a City Council Member, intentional violation of this Charter Section 2.11.2, Section 5.05 or Section 12.03.
1. 
Law means the constitution or a statute of this state or of the United States, a written opinion of a court of record, or a City of Granbury ordinance.
2. 
A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
3. 
A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
E. 
CONTINUED SERVICE. Upon a vacancy in office occurring, the City Council shall, immediately declare the office to be vacant and shall fill such vacancy as set forth in Subsection F of this Section. Except in the case of death, removal from office or forfeiture of office, a councilmember whose office becomes vacant shall continue to serve until a successor is duly qualified in accordance with state law.
F. 
FILLING OF VACANCIES. In the event that a vacancy occurs in any City Council seat, the vacancy must be filled by a special election to be called by the City Council as mandated by state law after the occurrence of the vacancy.
(Section 2.05 amended by election held May 4, 2002; election held November 7, 2006; resolution 11-12 at an election held May 14, 2011; resolution 15-31 at an election held November 3, 2015; amended by an election held November 6, 2018)
All powers and authority which are expressly or explicitly conferred on or possessed by the City shall be vested in and exercised by the City Council; provided however, that the council shall have no power to exercise those powers which are expressly conferred upon other City officers by this charter.
(Section 2.07 amended by an election held November 6, 2018)
The Mayor of the City shall preside over the meetings of the City Council and perform such other duties consistent with the office as may be imposed upon him by this Charter and the ordinances and resolutions passed in pursuance hereof. As a member of the Council, the Mayor may participate in the discussion of all matters coming before the Council, and shall be entitled to vote upon all affairs considered by the council. He shall be recognized as the official head of the City by the court for the purpose of serving civil process, by the governor for the purpose of enforcing military law, and for all ceremonial purposes. Perform such other duties during a local disaster as provided for in State law.
The Mayor Pro Tem shall be selected from the five (5) Councilpersons; shall be selected each year at the first regular meeting following the general city election, and shall in the absence or disability of the Mayor perform all the Mayor’s duties.
(Section 2.07 amended by an election held November 6, 2018)
The City Council shall appoint or remove a City Secretary, by a vote of not less than four (4) Members of the City Council, who shall give notice of the Council meetings; shall keep minutes of its proceedings; shall authenticate by his/her signature and preserve in full all ordinances and resolutions; shall preserve and keep in order all books, papers, records and files of the City Council; shall have custody of the seal of the City and shall affix same to such documents and obligations only of the City as required by the Charter or by the City Council.
The City Council shall also appoint a Deputy City Secretary to serve as City Secretary in the absence or disability of the City Secretary. The City Secretary and Deputy City Secretary shall both be Notaries Public.
(Section 2.08 amended by election held November 7, 2006; resolution 15-31 at an election held November 3, 2015; amended by an election held November 6, 2018)
The City Council shall appoint or remove a City Attorney, by a vote of not less than four (4) Members of the City Council, who shall be a competent attorney, duly licensed and admitted to the practice of law by the State of Texas. The City Attorney shall be the legal advisor of the Council and provide legal advice and services as directed by the City Council, or City Manager. The City Attorney, or such other attorneys with the approval of the City Council, shall represent the City in all litigation and legal proceedings.
(Section 2.09 amended by election held November 7, 2006; amended by an election held November 6, 2018)
The City Council shall hold at least two (2) regular meetings in each month at a time to be fixed by it for such regular meetings, to be designated by ordinance or resolution, which ordinance or resolution shall be published at least one (1) time in a newspaper of the City. The City Council may hold as many additional meetings during the month as may be necessary for the transaction of the business of the City and its citizens. The Mayor and/or the City Manager may call special meetings as needed.
(Section 2.10 amended by resolution 11-12 adopted on May 19, 2011, at an election held on May 14, 2011)
The City Council shall determine its own rules of procedure. At the first meeting of the City Council following the annual municipal election, the City Council shall adopt their rules of procedure. The Rules of Procedure shall be consistent with the Home Rule Charter and in the event there is any conflict between the Charter and the Rules of Procedure adopted by the City Council, the provisions of the Home Rule Charter shall prevail and be controlling. All meetings of the City Council shall be open to the public, except as provided by State Law, and minutes of all open proceedings shall be kept, to which any citizen may have access at all reasonable times and which shall be taken by ayes and nays made in open meeting by a canvass of the City Council, and the vote of each Councilperson shall be entered upon the minutes, and every ordinance or resolution, upon its final passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the Mayor and the City Secretary.
(Section 2.11 amended by election held November 7, 2006; resolution 11-12 at an election held May 14, 2011; amended by an election held November 6, 2018)
Any four (4) Members of the City Council shall constitute a quorum for all meetings for the transaction of all business. When the Membership of City Council is reduced to less than four (4)[,] the remaining Members of the City Council shall constitute a quorum for the purpose of calling a special election.
(Section 2.11.1 added by election held November 7, 2006; amended by resolution 15-31 at an election held November 3, 2015; amended by an election held November 6, 2018)
Each Member of City Council has the responsibility to abstain from voting or participation in the deliberation on any matter in which he/she has a conflict of interest as defined by state law, and such conflict of interest shall be clearly stated by the person for purpose of record. Otherwise, all Member[s] of City Council qualified to vote are required to vote either aye or nay on all proposed ordinances and resolutions.
(Section 2.11.2 added by election held November 7, 2006; amended by election held November 6, 2018)
No action of the City Council shall be valid or binding unless adopted by the affirmative vote of a majority of the Members of City Council.
The following schedule is provided for purposes of clarity on validity of actions as provided for in this Charter:
Action
Votes Necessary with four (4) Members of City Council Present
Votes Necessary with five (5) Members of City Council Present
Votes Necessary with six (6) Members of City Council Present
Section 2.11.3 - Legislative and Administrative actions other than as provided for herein
3
3
4
Section 1.07 - Votes on annexation or disannexation
4
4
4
Section 2.05 - Vote to expel a Member of the City Council upon finding of official misconduct
4
4
4
Section 2.08 - Votes on the appointment or removal of the City Secretary
4
4
4
Section 2.09 - Votes on the appointment or removal of the City Attorney
4
4
4
Section 4.06 - Votes on the repeal or amendment of an initiated ordinance
4
4
4
Section 5.01 - Votes on the appointment or removal of the City Manager
4
4
4
Section 6.02 - Votes on the appointment or removal of the Presiding and Alternate Magistrate Judges of Municipal Court
4
4
4
Section 7.05 - Votes on the adoption of the City budget.
4
4
4
Section 7.10 - Votes on an amendment to the City Budget
4
4
4
After the Results of the Election on this Measure 21 the City Attorney Shall fill in the chart based on the outcome of the election and the City Council shall approve same for inclusion in the Charter.
(Section 2.11.3 added by an election held November 6, 2018; amended by Ordinance 18-83 adopted 12/18/18)
The City Council shall legislate by ordinance and the enacting clause of every ordinance shall be: “Be it ordained by the City Council of the City of Granbury, Texas.”
During the course of discussion of an agenda item during a City Council meeting, the Mayor or any Council member can postpone the item, unless postponement, by its action, would result in a decision being made by operation of law. The Council will set the date for reconsideration. An agenda item may be postponed as discussed herein only once.
All ordinances enacted by the Council shall be posted in an open meeting for public review at one (1) regular or special Council meeting. All ordinances, unless otherwise provided by law or by the terms of such ordinance, shall take effect in accordance with Article 2, Section 2.13.
All ordinances and/or resolutions proposed for adoption that necessitate the expenditure of city funds shall contain in the presentation the estimated cost of the proposed legislation as well as the proposed method of funding such legislation.
(Section 2.12 amended by election held November 7, 2006)
Except as otherwise provided by law, or by this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for any violation of any of its provisions and of every other ordinance required by law, or this Charter, to the public, by causing the said ordinance, or its caption and penalty, to be published at least one (1) time after final passage thereof in a newspaper of the city. The affidavit of such publication by the publisher of such 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. Such ordinance shall take effect after the date of final publication.
All ordinances of the City of Granbury adopted prior to the adoption of this Charter and not inconsistent with the provisions of the Charter shall remain in full force and effect until altered, amended, or repealed by the City Council. However, where inconsistencies between existing ordinances and this Charter exist, the requirements of this Charter shall control, but the remainder of the existing ordinance shall remain in effect.
All official actions taken by the City of Granbury, its City Councils or other City officials, and all previous elections, contracts, bonds, warrants and other evidences of indebtedness and any annexations, prior to the adoption of this Home Rule Charter, are hereby adopted, validated, confirmed and ratified.
The City Council shall have power to cause the ordinances of the City of Granbury to be printed in code form and shall have the same arranged and digested as often as the Council may deem advisable; however, failure to print the ordinances as herein provided shall not affect the validity of same.
Editor’s note–Former section 2.16, pertaining to incumbents was deleted and repealed by an election held on November 6, 2018.