There is hereby established the Office of Mayor of the City
of Katy, Texas, the incumbent of which shall be a citizen of the United
States, at least twenty-one (21) years of age, a qualified voter,
residing for at least twelve (12) months prior to his election within
the City; he shall not hold any other public office. The Mayor shall
be elected from the City at large; he shall hold his office for three
years and/or until his successor is elected and qualified unless sooner
removed as provided by this Article. This provision becomes effective
January 1, 2018. The City as here referred to shall be deemed to include
the City and any and all territory at any time annexed to the City
of Katy.
a. Head of
City Government -
The Mayor shall be the Chief Administrative
and Executive Officer of the City. He shall devote his best efforts
to and shall be responsible for the proper administration of its affairs.
The Mayor shall preside at all meetings of the Council and shall be
recognized as the head of the City Government for all ceremonial purposes,
for the purpose of receiving civil process, for emergency purposes,
and for military purposes.
b. Absence
or Disability of the Mayor -
If for any reason the Mayor
is absent from the City, sick or unable to perform the duties of his
office, the Mayor Pro Tem shall act as Mayor, and during such absence
or disability shall possess all of the powers and perform all of the
duties of the Mayor.
(Amended 5/1/93; 5/6/17, amnd. 1; 5/1/2021)
Each year at the first regular meeting of the City Council after
the newly-elected Officials have been inducted into office, the Mayor
shall nominate, subject to confirmation by the City Council, one of
the Councilmembers who shall be known and designated as “Mayor
Pro Tem,” and shall continue to hold the title and the office
until his successor is appointed, but shall receive no extra pay by
reason of being or acting Mayor Pro Tem. In case of the death, resignation,
or for any other reason the Mayor Pro Tem is unable to serve, causing
a vacancy to occur, then the Mayor shall nominate subject to confirmation
by the City Council, one of the Councilmembers who shall be known
and designated as “Mayor Pro Tem,” and shall continue
to hold the title and the office until his successor is appointed,
but shall receive no extra pay by reason of being or acting Mayor
Pro Tem.
(Amended 5/1/93)
In the event of the absence, refusal to act, disability, or
disqualification of both the Mayor and Mayor Pro Tem at any particular
meeting of the Council, the remaining members of the Council shall
by election designate one of their members as Acting Mayor and he
shall act as Mayor for such particular meeting and shall have power
to perform every act except the power to remove or suspend officers
and employees and the power of veto the Mayor could perform if present.
The Mayor, remaining absent for three (3) consecutive regular
meetings of the Council, without first having obtained a leave of
absence at a regular meeting, may have his office declared vacated
by a majority vote of all the members of the Council. If the Mayor
remains absent for six (6) consecutive regular meetings of the Council,
he shall be deemed to have vacated his office.
a. In case of the death, resignation, or permanent disability of the Mayor, or if he ceases to possess any of the qualifications listed in Section
1., or if he ceases to reside in the City, his office shall immediately become vacant; or whenever a vacancy in the Office of Mayor shall occur for any reason, the Mayor Pro Tem shall act as Mayor, and shall possess all of the rights and powers of the Mayor and perform all of his duties, under the official title. A vacancy in the office of the Mayor shall be filled in accordance with Article
XI, Section
11 of the Texas Constitution.
b. If the
Mayor shall file to become a candidate for nomination or election
to any other public office, his office shall be vacant, and the vacancy
thereby created shall be filled in the same manner as any other vacancies.
(Amended 5/1/2021)
a. General
Powers of the Mayor -
The Mayor shall have and exercise
such powers, prerogatives and authority, acting independently of or
in concert with the City Council, as are conferred by the provisions
of this Article or as may be conferred upon him by the City Council,
not inconsistent with the general purposes and provisions of the Charter,
and shall have the power to administer oaths. Subject to the confirmation
of the Council, he shall have the power to appoint all boards created
by the Charter or ordinance.
b. Additional
Powers and Duties: Bond, Etc. -
All the Administrative
work of the City Government shall be under the control of the Mayor.
Among others, the powers and duties of the Mayor shall be as follows:
1. To see
that all laws and ordinances are enforced.
2. The Mayor
shall have power to appoint, subject to confirmation by the City Council,
such heads of Departments in the Administrative service of the City
as created by Ordinance, and the Mayor shall have the power to remove
such heads of Department at any time he shall see fit without confirmation
by the City Council. The Mayor shall also have the power to appoint
and remove all other employees of the City, such appointments and
removals to be subject to the provisions of the Charter.
3. To exercise
administrative control over all departments of the City.
4. It shall
be the duty of the Mayor from time to time to make such recommendations
to the Council as the Mayor may deem to be for the welfare of the
City, and each year to submit to the Council the annual budget of
the current expenses of the City in accordance with the requirements
of the State Budget Law applicable to cities and towns. The budget
shall be finally adopted no earlier than the 30th day after presentation
by the Mayor and no later than the last day of the then current fiscal
year and should City Council fail to so adopt said budget, the budget
as proposed by the Mayor shall go into effect for the ensuing fiscal
year.
5. To keep
the Council at all times fully advised as to the financial conditions
and needs of the City.
6. The Mayor
shall have the power to settle all claims and lawsuits where such
claim or lawsuit is for $5,000.00 or less without approval of the
City Council.
The Council shall have authority to prescribe, by Ordinance,
rules, and regulations governing the operation of each department,
but the Mayor may prescribe such general rules and regulations as
he may deem necessary or expedient for the general conduct of the
Administrative Department, the heads of which are responsible to him.
In order to expedite the work of any department, or to adequately
administer an increase in the duties which may devolve on any department,
or to cope with periodic or seasonal changes, the Mayor is empowered
to transfer employees temporarily from one department to perform similar
duties in another such department except the Mayor shall have no such
power to transfer employees or Officers of the Police, Fire or Ambulance
Departments. Each department head shall have the power to transfer
employees from one bureau or division to another within his department.
|
In case of general conflagration, rioting, earthquakes, or other
emergency menacing life and property, the Mayor, or in his absence,
the Mayor Pro Tem, shall be authorized to marshal all the forces of
the different departments of the City for the maintenance of the general
security, and shall have the power to deputize, or otherwise employ,
such other persons as he may consider necessary for the purpose of
protecting the City and its residents.
|
Neither the Council nor any of its committees or members shall
in any manner interfere in the appointment of Officers and employees
in the Departments of Administrative service vested in the Mayor by
this Charter, except that all department heads appointed by the Mayor
shall be subject to confirmation by the City Council as herein provided.
Except for the purpose of inquiry, the Council and its members shall
deal with that part of the Administrative service for which the Mayor
is responsible solely through the Mayor, or City Administrator and
neither the Council nor any member thereof shall give orders to any
of the subordinates of the Mayor in said departments, either privately
or publicly.
|
The Council, the Mayor or any person or committee authorized
by either or both of them shall have power to inquire into the conduct
of any department or office of the City and to make investigations
as to City affairs. For that purpose the Council may subpoena witnesses,
administer oaths and compel the production of books, papers and other
evidence, and shall have the power to punish any such contempt in
the manner provided by ordinance.
|
The Council shall require the Mayor, before entering upon the
duties of his Office, to execute a good and sufficient bond, with
a surety company business in the state of Texas, and approved by the
Council, as surety thereon, said bond to be in such amount as the
Council may demand payable to the City of Katy and conditioned for
the faithful performance of the duties of his Office, the premium
for such bond to be paid by the City.
|
(Amended 5/1/93; 5/6/00)
The Mayor shall not be entitled to vote upon matters considered
by the Council, except in the event of a tie Council vote, and the
Mayor may, in his sole discretion fail or refuse to vote and such
vote shall not be recorded as a negative or affirmative vote. He shall
have the power to veto any ordinance or resolution enacted or adopted
by the Council, except those ordinances or resolutions originated
by the initiative, or referendum process under the provisions of this
Charter. To be effective, such veto must be accomplished within seven
(7) days after the final passage or adoption of the ordinance or resolution
and must be accompanied by a veto message setting forth in writing
the Mayor's reason for such veto, which such veto and veto message
must be filed with the Office of the City Secretary within such seven
(7) day period. The City Secretary shall deliver the Mayor's veto
and veto message to the Council at its next regular meeting.
Except as may be otherwise provided by the Laws of the State
of Texas, or by this Charter, the Mayor shall have the exclusive authority
to remove from office or position all persons appointed by him to
serve on boards, commissions, committees, or agencies of the City
or to serve in any similar non-paid offices or positions of the City.
The action of the Mayor shall be final.
The Mayor shall have the authority to suspend without pay any
appointed, salaried officer or employee of the City. Provided, however,
notice of such suspension shall be given by the Mayor to the Council
the next regular meeting of the Council after the effective date of
such suspension. Such suspension shall permanently terminate such
officer's or employee's appointment or employment with the City without
recourse to the officer or employee unless he files a petition with
the Council requesting a hearing on such suspension in the time and
manner provided for in this Charter.
The Mayor shall have the authority to delegate such duties as
he shall deem necessary to the City Administrator and the power to
perform such other duties as may be prescribed by this Charter; and
the power to perform such other duties as may be required of him by
the Council, not inconsistent with this Charter.
From and after the effective date of this Charter, the annual
salary of the Mayor shall be determined by the Council.
No person shall be elected to more than two (2) consecutive
regular three-year terms as Mayor. This provision becomes effective
January 1, 2018.
(Amended 5/6/17, amnd. 2)
If any section, subsection, clause, sentence, or phrase of this
Article is for any reason held to be unconstitutional or invalid,
such decision shall not affect the validity of this Article, or any
remaining portions of this Article.