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)
The City Council shall be the judge of the election and qualifications
of its Members.
(Section 2.04 amended by resolution 15-31 at an election held November 3, 2015; 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[:]
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.
