(a)
Rules of procedure for requesting legal services.
The
following rules of procedure are adopted for requesting legal services
from the city attorney on behalf of the city:
(1)
Significant projects that will be ongoing in nature or time-consuming
and the prosecution or defense of litigation can only be requested
following approval from the city council.
(2)
Day-to-day questions, routine or administrative issues, public information
or open meetings issues and legal questions that will not be ongoing
projects or time-consuming for the city attorney may be requested
by the city manager or his/her designee.
(b)
Establishment of standing agenda item.
All city council
agendas shall have the following agenda item:
|
Discuss, consider and act on determining agenda
items to be placed on future city council meeting agendas and direct
the city secretary as to which future agendas the items should be
placed upon.
|
(Ordinance 2013-04-16-03 adopted 4/16/13; Ordinance
2023-09-21-04 adopted 9/21/2023)
(a)
Appointment.
The city manager shall be appointed by
a majority vote of the full membership of the city council. The city
manager serves as the chief administrative officer of the city and
shall be responsible to the city council for the efficient administration
of all city affairs, implementing policy established by the city council
and assuring all laws and city ordinances are enforced. The city council
may by ordinance delegate to the city manager any additional powers
or duties it considers proper for the efficient administration of
city affairs.
(b)
Qualifications.
(1)
The city manager shall be chosen, by the city council solely on the
basis of executive and administrative qualifications, with special
reference to actual experience in or knowledge of accepted practice
in respect to the duties of the office hereinafter set forth.
(2)
No member of the city council nor the mayor shall be appointed to
the office during his or her term or within one year after the expiration
of the term.
(c)
Term; suspension or removal.
The city manager serves
at the will of the city council. The action of the city council in
suspending or removing the city manager shall be final, it being the
intention of this section to vest all authority and responsibility
for such suspension or removal in the city council. The personnel
policies of the city shall apply to the city manager.
(d)
Compensation.
The city manager shall receive such compensation
as the city council shall authorize from time-to-time and the position
shall be identified in the annual city budget.
(e)
Absence or disability.
During the absence or disability
of the city manager, the city council may designate a properly qualified
person to perform the duties of said office.
(f)
Bond.
The city manager shall execute a bond conditioned
that he/she will faithfully perform the duties of city manager. The
amount of such bond shall be $5,000.00.
(g)
Power and duties.
The city manager shall be responsible
to the city council for the proper administration of the affairs of
the city and shall have the power and duty to:
(1)
Ensure all state laws, city ordinances, city policies, city rules
and city regulations are effectively enforced;
(2)
Prepare and submit to the city council the annual budget, working
with the mayor as the budget officer, and capital program, and administer
the budget as adopted by the city council; in connection with such
duty, prior to the adoption of the budget each year, the city manager
shall conduct a budget workshop for the city council with the city's
finance director;
(3)
Submit to the city council a monthly budget summary and keep the
city council advised on the financial condition and future needs of
the city and make recommendations as may seem advisable;
(4)
Prepare and submit to the city council at the end of the fiscal year
a complete report on the finances of the city for the preceding year
and cooperate with the auditor during the annual audit;
(5)
Prepare and recommend items for inclusion in the official agenda
of all city council meetings and meetings of the boards and commissions;
(6)
Supervise of all city programs;
(7)
Make reports as the city council may require concerning the operation
of the city departments, offices and agencies under his/her supervision;
(8)
Direct all city departments and oversee planning and budgeting;
(9)
Efficiently administer the business of the city;
(10)
Perform such other duties as may be required of him/her by the mayor
and city council not inconsistent with the laws of the state governing
general-law cities;
(11)
Advise the city council and the standing boards/commissions/committees
on procedures and provide interpretation of governing rules, regulations,
and ordinances;
(12)
Attend all city council meetings and take part in the discussion
of city business;
(13)
Recommend to the city council for adoption such measures as he/she
may deem necessary or expedient; to execute deeds, deeds of trust,
easements, releases, contracts, and all other legal instruments on
behalf of the city when authorized by ordinance or resolution of the
city council, and approved as to form by the city attorney;
(14)
Except as set forth in this subsection, the city manager shall be
responsible for the appointment and removal of all employees. Except
for the city attorney, prosecutor and municipal judge, it shall be
the duty of the city manager to manage, supervise, appoint, remove,
promote, demote, suspend, or dismiss all officers and employees of
the city; however for the removal of an employee who is an “officer,”
as officers are determined in accordance with chapter 22 of the Texas
Local Government Code, the city manager may recommend removal of the
officer to the city council and removal must be approved by a vote
of two-thirds of the members of the city council. Each department
head shall report directly to the city manager. All employee matters
shall be handled in accordance with the personnel policy. If an employee
or officer has a contract with the city that contradicts with this
section, the contract shall control;
(15)
Update, in consultation with the city attorney, and make readily
available the city's personnel manual. The city manager will regularly
submit additions, deletions and changes to the manual in order to
keep the personnel manual current and relevant for the effective day-to-day
operation of the city;
(16)
The city council hereby confers upon the city manager authority to
contract for expenditures of the city, without further approval from
the city council, for all budgeted items less than $50,000.00;
(A)
All purchases, contracts for purchases and contracts for professional
services which require competitive bids or competitive sealed proposals
shall require approval by the city council. Any contract, contract
amendment or change order in excess of the city manager's authority
shall require approval of the city council;
(B)
In case of accident, disaster or other circumstances creating a public
emergency, the city manager may award contracts and make purchases
for the purpose of meeting the emergency, but shall file promptly
with the city council a certificate showing the emergency and necessity
for the action, together with an itemized account of all expenditures;
and
(17)
Advise the city council on personnel system improvements as needed.
(Ordinance 2017-06-19-01 adopted 6/19/17; Ordinance
2021-01-21-01 adopted 1/21/2021; Ordinance 2023-09-21-02 adopted 9/21/2023)
