(a)
The
city manager shall not be appointed for a definite term, but may be
removed at the will and pleasure of the city council by a vote of
the majority of the entire city council. The action by the city council
in suspending or removing the city manager shall be final.
(b)
The
city manager shall furnish such surety bond as may be required by
the city council, by ordinances, with the premiums to be paid by the
city.
(c)
The
city manager shall enter into a written contract of employment which
has been approved by a majority of the city council, and which shall
be signed by each member, the mayor and attested by the city secretary.
(d)
In
case of absence or disability of the city manager, the city council
may designate some qualified person to perform the duties of the office
during such absence or disability.
(e)
The
city manager shall receive compensation, as shall be fixed by the
city council.
(f)
Except
for the purpose of inquiry, the mayor and city council and its members
shall deal with the administrative service solely through the city
manager, and neither the mayor, city council, or any member thereof
shall give orders to any of the subordinates of the city manager,
either publicly or privately, except during a state of emergency as
formally declared by the mayor in accordance with Texas Statutes.
(1996 Code, sec. 8.301)
The powers and duties of the city manager shall be as follows:
(1)
The
city manager shall be the administrative head of the municipal government
and shall be responsible to the mayor and city council for the administration
of the affairs of the city.
(2)
The
city manager shall have the authority to appoint and to discharge
heads of all departments except the city attorney and city judge.
(3)
The
city manager shall have the authority to hire and discharge all other
employees authorized by the council to be hired, at such compensation
as may be set or authorized by the city council provided, however,
that the city manager may authorize the head of a department to hire
and discharge subordinates in his department. All such employees shall
perform their duties subject to the direction of the city manager
or that of the superior to whom the city manager may assign such employee.
(5)
The
city manager shall recommend to the city council for adoption such
measures as he may deem necessary or expedient.
(6)
The
city manager shall attend all meetings of the city council with the
right to take part in the discussion, but having no vote.
(7)
The
city manager shall act as budget officer and shall prepare, or cause
to be prepared, the annual budget to be submitted to the city council
for adoption in accordance with state statute. He shall be responsible
for its administration after adoption by the city council.
(8)
On
a quarterly basis, the city manager shall make a full report to the
city council showing the operations and expenditures for each department,
and shall keep the city council fully advised at all times as to the
financial condition and needs of the city.
(9)
The
city manager shall act as or designate a purchasing agent for the
city, who shall assure that all merchandise, materials, supplies,
equipment, and services utilized by the city are procured in accordance
with state law and good municipal purchasing practices. Purchases
shall be based on competitive bid for like quality and function except
in instances where competition is impossible or impractical. The bid
format shall be in accordance with law, and as follows:
(A)
Expenditure of $500.00 or less shall be informal.
(B)
$500.00 to $3,000.00 shall be by telephone or written.
(C)
3,000.00 to $5,000.00 shall be in writing.
(D)
$5,000.00 and over shall be by formal public bid.
Bids for public works contracts shall be in conformance with
state statutes as covered by article 2368a, V.A.T.S., as amended.
Procurement involving hi-tech items may utilize provision of
state law allowing for negotiated purchases.
(10)
The city manager shall be empowered to authorize budgeted operational
purchases and expenditures, not exceeding fifty thousand dollars ($50,000.00)
and subject to formal procurement policy, those capital equipment
purchases approved by the council upon adoption of the budget. In
cases of accident or other circumstances creating an emergency, the
city manager may, with consent of the city council, award contracts
and make purchases for the purpose of repairing damages caused by
such accident or avoiding such public emergency, but immediately after
the emergency is abated, he shall file with the council a certificate
showing such emergency and necessity for such action, together with
an itemized account of all expenditures.
(11)
The city manager shall recommend to the city council the salaries,
and adoption of a schedule governing compensation for all employees
of the city. It shall be the duty of the city council to pass ordinances
and resolutions from time to time fixing these rates of compensation.
The mayor or individual city councilmembers shall not attempt to dictate
such recommendations, but act thereon in approving and disapproving.
(12)
The city manager is hereby expressly delegated the authority to make
revisions, amendments, and other changes to any and all job descriptions
contained in the city’s position classification plan that, in
the city’s manager’s professional judgment, are in the
best interests of the city. The city manager is not, however, authorized
to make changes to the city’s payroll classification schedule
without council approval.
(13)
The city manager shall perform such other duties as may be prescribed
by ordinance or resolution by the city council.
(1996 Code, sec. 8.302; Ordinance 776-04 adopted 6/7/04; Ordinance O-09-22 adopted 8/16/2022)
