The City Council shall appoint a City Manager for an indefinite term, who shall be the chief administrative officer of the City. The City Manager shall be chosen by the City Council solely on the basis of executive and administrative training, experience, ability, and character, and without regard to political consideration. No member of the City Council shall, during the term for which elected, be chosen as City Manager. The City Manager shall receive such compensation as may be fixed by the City Council.
The City Manager shall be responsible to the City Council for the proper administration of all the affairs of the City. The City Manager may be engaged pursuant to an employment agreement setting out the terms and conditions of employment and any benefits to which the City Manager is entitled. The employment agreement may provide residency requirements and other terms of employment, and shall provide duties including but not limited to the following:
(1)
Appoint, and when necessary for the welfare of the City, remove any officer or employee of the City, except as otherwise provided by this Charter and except as he may authorize the head of a department to appoint and remove subordinates in such department;
(2)
Prepare and submit to the City Council an annual budget and be responsible for its administration after adoption;
(3)
Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year;
(4)
Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable;
(5)
Perform such other duties as may be prescribed by this Charter or required by the City Council, not inconsistent with this Charter;
(6)
Attend all meetings of the City Council (except when the City Manager is under discussion in executive session) with the right to take part in the discussion, but having no vote;
(7)
Establish administrative departments and distribute work to the departments;
(8)
Direct and supervise the administration of all departments, offices, and agencies of the City, except as otherwise provided by law or this Charter; and
(9)
See that all state laws and City ordinances are effectively enforced.
The City Council may remove the City Manager, upon the affirmative vote of a majority of full membership of the City Council. If removed after serving three (3) months, the City Manager may demand written charges and the right to be heard thereon at a public meeting of the City Council prior to the date on which the final removal shall take effect; but pending such hearing, the City Council may suspend the City Manager from office. The action of the City Council in suspending or removing the City Manager shall be final, it being the intention of the Charter to vest all authority and fix all responsibility for such suspension or removal in the City Council.
Neither the City Council nor any of its members shall direct or request the appointment of any person to or removal of any person from office by the City Manager or by any of the City Manager's subordinates. However, the City Council may consult and advise the City Manager, make inquiry regarding the appointments or removals and may express their opinion in regard thereto. In regard to administrative and executive duties under the City Manager, the City Council and its members shall deal solely through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either privately or publicly. Willful violation of the foregoing provisions of this Charter by any member of the City Council shall constitute official misconduct and shall authorize the City Council by a vote of a majority of its membership to expel and remove such offending member from the City Council if found guilty after a public hearing, thereby creating a vacancy in the place held by such member.
The City Council shall appoint an officer of the City, who shall have the title of City Secretary. The City Secretary shall give notice of the City Council meetings; shall keep minutes of its proceedings; shall authenticate by signature and keep record of all ordinances and resolutions; shall preserve and keep in order all documents, papers, records, and files of the City; shall have custody of the seal of the City and shall affix same to such documents and obligations of the City as legally authorized; and shall perform such other duties as shall be required by this Charter, by the City Council, or by ordinance or resolution adopted by the City Council.
The City Secretary may be engaged pursuant to an employment agreement setting out the terms and conditions of employment and any benefits to which the City Secretary is entitled.
The City Council shall appoint a City Attorney 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 legal advisor of and attorney for the City and shall work with all officers and employees of the City for such purposes. The City Attorney shall represent the City in all litigation and legal proceedings unless special counsel is appointed for such purpose. The City Attorney shall review every ordinance before it is acted upon by the City Council.
At the head of each department there shall be a director who shall be appointed and who may be removed by the City Manager. Such directors shall have supervision and control over their respective departments and may serve as chiefs of divisions within their respective departments. Two (2) or more departments may be headed by the same individual, and the City Manager may head one or more departments.