The governing body of the City shall be known as the “City
Council” and shall consist of a Mayor and six (6) Councilmembers.
(Ordinance 2021-05-00934, prop.
A, adopted 5/6/21)
(1)
Members.
The members of the City Council of the City,
which include the Mayor and six (6) Councilmembers, shall be the only
elected officers of the City, and they shall be elected and hold office
and be compensated as provided herein.
(2)
Terms.
The Mayor and Councilmembers shall be elected
by the qualified voters of the entire City for a term of three (3)
years, or until a successor has been duly elected and qualified, but
each Councilmember shall be elected to and occupy an at-large, non-geographical
seat on the Council, such seats being numbered 1, 2, 3, 4, 5 and 6,
respectively. The seats of the Councilmembers shall be designated
on the official ballot as Councilmember Seats 1, 2, 3, 4, 5 and 6.
(Ordinance 2021-05-00934, prop.
A, adopted 5/6/21)
(1)
Qualification.
No person shall be a candidate for the
office of Mayor or Councilmember unless such candidate is a qualified
voter of the City and shall have resided in the City for not less
than one (1) year preceding the day of election Members of the City
Council shall hold no other elected office or appointed public office
or position of emolument, except as authorized by state law. If a
member of the City Council shall cease to possess any of the qualifications
or shall be convicted of a felony or a crime involving moral turpitude,
such person shall immediately forfeit such office. The City Council
shall be the judge of the election and qualifications of its own members.
(2)
Declaration.
Candidates of the office of Mayor or Councilmember
may have their names printed upon the official ballot being nominated
for such office by written application. The order of the names of
the candidates on the ballot shall be determined by lot in a public
drawing to be held under the supervision of the City Secretary in
accordance with the Texas Election Code.
(3)
Filing.
An application stating a declaration of candidacy
shall be filed with the City Secretary or a duly appointed designee,
who shall affix the date and time stamp on the ballot application,
during regular office hours not earlier than the 75th day before the
day of the election as provided by State law. The candidate’s
ballot application must be filed not later than 5 p.m. on the date
provided in accordance with State law.
(Ordinance 2021-05-00934, prop.
B, adopted 5/6/21; Ordinance
2021-05-00934, prop. C, adopted 5/6/21)
(1)
All
candidates running for Mayor or Councilmember seat, respectively,
shall be elected by a majority vote of all votes cast in the regular
municipal election for the office which the candidate seeks election.
(2)
In
the event that a candidate does not receive a majority of votes, it
shall be the duty of the City Council to order a runoff election for
every Councilmember seat or Mayor to which no one was elected. Such
runoff election shall be held in accordance with State law.
(3)
Should
any person who was a candidate at the regular municipal election and
who is entitled to become a candidate at the runoff election die,
refuse or otherwise be unable to appear on the runoff election ballot,
the candidate for such office standing next highest in the computation
of vote for that office shall succeed to the rights of such candidate
who failed to appear on the ballot at said runoff election. This method
for selecting alternate runoff candidates shall be employed until
there are two (2) candidates for each office in each runoff election
and should there be only one candidate for office after the conclusion
of this process, that candidate shall be declared the winner. However,
if at the date of the election, there is no runoff candidate left
from those who sought to be elected to that seat or Mayor in the regular
election, the City Council shall declare no one elected to such seat
or Mayor and shall call a Special Election on such date provided by
State law to elect a person to such seat or Mayor; and said Special
Election shall be conducted pursuant to State law prescribing special
elections to fill vacancies in municipal offices.
(Ordinance 2021-05-00934, prop.
D, adopted 5/6/21)
(1)
The
City Council shall be the judge of the qualifications of its own members
and of the Mayor, subject to review of the courts in case of an election
contest. The City Council shall, in accordance with State law, canvass
the returns for any election and declare the results of such election.
Should a runoff election be necessary, such election shall be held
in accordance with the Texas Election Code and other applicable statutes.
(2)
In
the event of a tie vote between candidates, the respective candidates
so tied may agree to cast lots to determine who shall be the duly
elected officer. In the event such tied candidates do not agree to
determine the results of the election by casting lots, a run-off election
shall be called and the respective candidates so tied shall cast lots
to determine the order their names shall appear on the ballot for
such run-off elections. The candidate receiving the highest number
of votes of the entire City cast at said run-off election shall be
elected to such office.
(Ordinance 2021-05-00934, prop.
D, adopted 5/6/21)
The regular municipal election of the City Council shall be
held on the uniform election day in May, in accordance with this Charter,
and the same shall be conducted and the results canvassed and announced
in accordance with the laws of the State regulating all municipal
elections and in accordance with the ordinances adopted by the City
Council for the conduct of elections.
(Ordinance 2021-05-00934, prop.
D, adopted 5/6/21)
The Mayor, Councilmembers, and other officers appointed under
this Charter shall qualify by taking the oath prescribed by the Texas
Constitution and by executing such bond as may be required under the
provisions of this Charter and the ordinances and resolutions of the
City at the first meeting following the canvass.
(Ordinance 2021-05-00934, prop.
D, adopted 5/6/21)
(1)
In
the event any Councilmember shall become a candidate for office of
Mayor or in the event the Mayor or any Councilmember shall become
a candidate for election to any seat on the City Council other than
the office the Mayor or Councilmember is presently holding, such candidate
shall tender and attach to their ballot application a resignation
from said office, which shall be effective as of the date of such
election without any further act of acceptance.
(2)
In
the event any member of any body appointed by the City Council shall
become a candidate for the office of Mayor or Councilmember, such
position on such board shall be considered vacated upon election and
qualification.
(3)
Any
City employee who shall become a candidate for the office of Mayor
or Councilmember shall immediately forfeit such position of employment
and such ballot application shall be accompanied by said employee’s
written resignation, the acceptance of which shall require no further
act.
(Ordinance 2021-05-00934, prop.
D, adopted 5/6/21)
(1)
In
the event of a vacancy existing in the office of Mayor or any Councilmember
from any cause whatsoever, the vacancy or vacancies occurring shall
be filled by the qualified voters at an election within one hundred
twenty (120) days after such occurs, as prescribed by State law. If
the term of office or offices is or are unexpired, the number of members
elected at such election shall serve in such office or offices for
the remainder of the unexpired term of such office or offices following
the date of the election.
(2)
Any
member of the City Council remaining absent for three (3) consecutive
regular meetings of the City Council, without first having obtained
a leave of absence through City Council action at a regular meeting,
such office may be declared vacated by a majority vote of all the
remaining members of the City Council. Any member of the City Council
remaining absent for six (6) consecutive regular meetings of the City
Council shall be deemed to have forfeited such office through City
Council action.
(3)
Any
person elected to serve on the City Council, who, subsequent to taking
office is convicted of a felony or a crime of moral turpitude shall
automatically be deemed to have forfeited such office.
(4)
In
case of disaster when a legal quorum of the City Council cannot be
assembled due to multiple deaths or injuries, the surviving members
of the City Council, or the highest surviving City official if no
elected official remains, must, within twenty-four (24) hours of such
disaster, or as soon as practicable, take such action as to ensure
the basic health, safety and welfare of the citizens and undertake
whatever action is necessary under the laws of the State to call for
a special election. Until such election is held and the City Council
qualified, the remaining members or highest ranking officer, if no
elected official remains, shall only undertake those actions necessary
to protect the basic health, safety and welfare of the citizens which
such action may be subsequently ratified by the full City Council.
(Ordinance 2021-05-00934, prop.
D, adopted 5/6/21)
(1)
At
the first regular meeting after each regular election of the city
council members and/or mayor, City Council shall select from among
the Councilmembers a Mayor Pro-Tem to serve at the pleasure of the
City Council.
(2)
The
Mayor Pro-Tem shall act as Mayor during the disability or absence
of the Mayor, and in this capacity shall have the rights conferred
upon the Mayor.
(3)
During
the disability or absence of the Mayor and the Mayor Pro-Tem, any
Councilmember may be appointed by the remaining five (5) Council members
to act as Mayor and in this capacity shall have the rights conferred
upon the Mayor.
(Ordinance 2021-05-00934, prop.
D, adopted 5/6/21)
(1)
The
Mayor and Councilmembers may by ordinance establish reasonable compensation,
but no increase in such compensation shall take effect until commencement
of the terms of mayor and/or councilmember elected at the next regular
election.
(2)
The
City Council shall establish by ordinance the standards and policies
concerning reimbursement of reasonable expenses incurred by the Mayor
and Councilmembers in the performance of their official duties.
(Ordinance 2021-05-00934, prop.
D, adopted 5/6/21)
(1)
The
Mayor shall preside at all meetings of the City Council and shall
have full voting rights.
(2)
The
Mayor shall perform such other duties consistent with the office as
may be imposed by this Charter or the ordinances and resolutions of
the City.
(3)
The
Mayor shall sign all ordinances, resolutions, capital improvement
contracts, conveyances made or entered into by the City, all bonds
issued under the provisions of this Charter, and such other documents
as authorized by the City Council.
(4)
The
Mayor shall be recognized as the official head of the City for all
ceremonial purposes.
(5)
The
Mayor shall be recognized by the governor for the purpose of enforcing
martial law. In time of danger or emergency, the Mayor may, in accordance
with State law and with the consent of the Councilmembers, take command
of the police and govern the City by proclamation and maintain order
and enforce all laws.
(Ordinance 2021-05-00934, prop.
D, adopted 5/6/21)
Except as otherwise provided by this Charter, all powers of
the City and the determination of all matters of policy shall be vested
in the City Council. Without limitation of the foregoing powers of
the City Council, the City Council shall have the power to:
(1)
Fix
the compensation of all appointive officers and employees.
(2)
Adopt
the budget of the City.
(3)
Authorize
the issuance of bonds by a bond ordinance.
(4)
By
majority vote, inquire into the conduct of any office, department
or agency of the City and make investigations as to municipal affairs.
Nothing contained herein shall be construed to prohibit an inquiry
into an operational issue.
(5)
Enact
resolutions and ordinances.
(6)
The
City Council shall adopt a periodic fiscal reporting policy, with
such policy not providing for less than quarterly reporting.
(7)
To
appoint members of the planning and zoning commission, the zoning
board of adjustments and other such boards, committees, commissions
and directors to corporations as may be authorized by State law. Any
member appointed to such board, committee, commission or corporation
shall have been a resident of the City of Lucas for a minimum of twelve
(12) months at the time of their appointment.
(8)
Govern
the affairs of the City in conformance with this Charter and the state
and federal constitutions and laws, and to determine by majority vote
the best and most appropriate method and manner of efficiently performing
the functions and providing the services of the City, consistent with
the council-city manager form of government; and, except as provided
in this Charter with respect to certain departments that must be maintained
in effect, the City Council may after considering the recommendation
of the City Manager, create, change, merge, or abolish offices, departments
or agencies of the City, and may contract for services by interlocal
agreement or otherwise as it deems advisable to improve the services
of the efficiency of government.
(Ordinance 2021-05-00934, prop.
D, adopted 5/6/21)
(1)
The
City Council shall hold at least one (1) regular meeting each month
and as many additional meetings as the City Council deems necessary
to transact the business of the City. The City Council shall fix by
ordinance the date and time of the regular meetings.
(2)
Special
meetings of the City Council shall be held at the call of the Mayor
or a majority of the Councilmembers upon provision of public notice
in accordance with State law.
(3)
All
meetings of the City Council, except those authorized by law to be
closed to the public, shall be open to the public.
(Ordinance 2021-05-00934, prop.
E, adopted 5/6/21)
(1)
A
majority of the City Council shall constitute a quorum to do business,
and, unless otherwise provided by law, the affirmative vote of a majority
of a quorum shall be necessary to adopt any ordinance or resolution.
(2)
Minutes
of all proceedings shall be kept, to which any citizen may have access
at all reasonable times and which shall constitute one of the archives
of the City. The vote on all ordinances and resolutions shall be recorded
and entered in 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 presiding officer.
The minutes of all meetings shall record the attendance of all members
of the City Council present and those absent.
(Ordinance 2021-05-00934, prop.
E, adopted 5/6/21)
(1)
Enactment.
Each proposed ordinance and resolution shall
be introduced in written or printed form. Ordinances or resolutions
may be passed at any regular or special meeting called in accordance
with State law.
(2)
Captions.
Each ordinance and resolution shall contain
a brief caption of the subject matter of the ordinance or resolution.
(3)
Publication.
A descriptive title or caption stating
in summary the purpose of the ordinance and the penalty for violation
thereof, of each ordinance imposing a penalty, fine or forfeiture,
shall after passage be published in one issue of the official newspaper
of the City and proof of such publication shall be made by the printer
or publisher of such paper making affidavit before some officer authorized
to administer oaths. Such affidavit shall be filed with the City Secretary
and shall be prima facie evidence of such publication and promulgation
of such ordinance so published; said ordinances shall take effect
and be in full force and effect from and after the date of publication,
unless otherwise expressly provided. Ordinances not required to be
published shall take effect and be in force from and after the date
of passage thereof unless otherwise provided.
(4)
Savings.
All ordinances and resolutions of the City
now in existence and not inconsistent with provisions of this Charter
shall remain in full force and effect until altered, amended or repealed
by the City Council.
(5)
Pleading.
It shall be sufficient in all judicial proceedings
to plead any ordinances of the City by caption without embodying the
entire ordinance in the pleadings, and all pleaded ordinance(s) or
codes shall be admitted as evidence in any suit and shall have the
same force and effect as the original ordinances. Certified copies
of the ordinances may also be used in evidence in lieu of original
ordinances.
(6)
Codification.
The Code of Ordinances of the City shall
be codified and shall be revised at least annually and kept up-to-date
by causing any amendments to be published in the form of supplemental
pages. An official copy of the Code shall be maintained in the office
of the City Secretary for public examination.
(7)
Emergency.
The City Council shall have the authority
to pass such emergency ordinances and resolutions as necessary to
protect the health, safety and welfare of the City in accordance with
State law.
(Ordinance 2021-05-00934, prop.
E, adopted 5/6/21)
The City Council shall designate by resolution a newspaper of
general circulation in the City as the official newspaper of the City
as provided by State law.
(Ordinance 2021-05-00934, prop.
E, adopted 5/6/21)
Neither the City Council nor any of its members shall direct
or request the appointment of any person to or such person’s
removal from any office under the control of the City Manager. In
regard to administrative and executive duties under the City Manager,
the City Council shall deal solely through the City Manager and neither
the City Council nor any of its members thereof shall give orders
to any subordinate of the City Manager, either publicly or privately.
Any knowing 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 such offending member from the City Council if
found guilty after a public hearing, and thereby create a vacancy
in the seat held by such member.
(Ordinance 2021-05-00934, prop.
E, adopted 5/6/21)
The opportunity for citizens of the City to provide public comment
on any and all subjects regardless of the agenda shall be provided
at each regular meeting. This opportunity shall be called “Citizens’
Input” and shall begin prior to any vote at a regular meeting
of the City Council. The City Council may provide reasonable regulations
to implement this provision.
(Ordinance 2021-05-00934, prop.
E, adopted 5/6/21)
The City Council by ordinance shall establish a Code of Ethics
governing the City Council and all city employees which shall include
at least the following: wrongful influence, wrongful interference,
employees’ political activities, penalties, conflict of interest,
and acceptance of gifts.
(Ordinance 2021-05-00934, prop.
E, adopted 5/6/21)
