All powers and authority, including determination of all matters
of policy, which are expressly or by implication conferred on or possessed
by the Town, shall be vested in and exercised by the Council; provided,
however, that the Council shall have no authority to exercise those
powers which are expressly conferred upon other Town officers by this
Charter.
The members of all boards created by this Charter or by the
Council, including, but not limited to, the Board of Adjustment and
the Zoning Commission, shall be appointed by the Mayor with the approval
of the Council.
The Council shall have the power to inquire into or investigate
the official conduct of any department, agency, officer or employee
of the Town and for that purpose shall have the power to administer
oaths, subpoena witnesses, compel the production of books, papers,
records or other evidence, and as it shall provide by Ordinance, to
punish and fix penalties for contempt for failure or refusal to obey
any such subpoena or to produce any such books, papers, records or
other evidence.
The Council is authorized to select a depository for Town funds,
but shall be governed by the State laws regulating same.
The Town Administrator shall be the chief executive officer
and the head of the administrative branch of the Town. Except for
the purpose of inquiry or investigation, the Council and its members
shall deal with the administrative departments and personnel solely
through the Town Administrator, and no member of the Council shall
give orders to any subordinate of the Town Administrator, either publicly
or privately.
In addition to the elected officers, the other officers of the
Town shall be the Town Administrator, Town Secretary, Town Attorney
and Judge of the Municipal Court, and such other officers as the Council
may from time to time direct. The Council may abolish or consolidate
such offices and positions as it may deem to be in the best interest
of the Town and may divide the administration of such offices or positions
as it may deem advisable, create new offices and positions and discontinue
any office or position at its discretion except the offices of Town
Administrator, Town Secretary, Town Attorney, and Judge of the Municipal
Court.
In addition to such other actions of the Council as are required
by Statute or by this Charter to be by Ordinance, every act of the
Council establishing a fine or penalty shall be by Ordinance. The
enacting clause of all Ordinances shall be “BE IT ORDAINED BY
THE TOWN COUNCIL OF THE TOWN OF HIGHLAND PARK, TEXAS”.
The affirmative vote of a majority, but not less than three
(3) members of the Council, except as otherwise required by Statute,
shall be necessary to adopt any Ordinance or Resolution. The Town
Attorney shall approve all Ordinances prior to their adoption by the
Council, as to the legality and form thereof, or shall present written
objections thereto to the Council and file a copy thereof with the
Town Secretary. Every Ordinance enacted shall be signed by the Mayor,
Mayor Pro Tempore, or any other three (3) members of the Council and
shall be filed with, and recorded by, the Town Secretary in an Ordinance
book reserved for that purpose. There shall be one reading of all
Ordinances in open meeting of the Council. A reading by descriptive
caption only shall be sufficient. Upon consideration for passage of
any Ordinance, Resolution or Motion, the Town Secretary shall record
the votes, which record of votes shall constitute a public record.
All Ordinances and Resolutions of the Town now in existence
and not inconsistent with the provisions of this Charter shall remain
in full force and effect until altered, amended or repealed by the
Council.
Except as otherwise provided by law or this Charter, the Town
Secretary shall give notice of the enactment of every ordinance imposing
any penalty, fine or forfeiture for any violation of its provisions,
and of every ordinance required by law or this Charter to be published,
by causing said Ordinance, or its caption and penalty, to be published
at least one time within twenty (20) days after final passage thereof
in the official newspaper of the Town. The affidavit of such publication
by the publisher of such newspaper taken before any officer authorized
to administer oaths and filed with the Town Secretary shall be conclusive
proof of the legal publication and promulgation of such Ordinance
in all courts. Such Ordinance shall take effect ten (10) days after
date of such publication, unless otherwise provided in such Ordinance,
provided that any penal Ordinance passed as an emergency measure shall
take effect immediately upon publication.
The Council shall have the power to cause all general Ordinances
of the Town to be compiled, indexed and printed in code form, whenever
the codification or recodification thereof is deemed desirable or
required by law. When adopted by the Council, the printed code of
general Ordinances so designated shall be in full force and effect
without the necessity of such code or any part thereof being published
in any newspaper. The caption, descriptive clause and other formal
parts of the Ordinances of the Town may be omitted without affecting
the validity of such Ordinances when they are published as a code.
A printed copy of the Town’s Code of Ordinances, when authenticated
by the Town Secretary, shall be admitted in evidence in courts without
further proof and shall be prima facie evidence in all courts of the
existence and regular enactment of all Ordinances therein set forth.
A state of emergency shall be deemed to exist during periods
of impending or actual public crisis or disaster. A state of emergency
may be declared by the vote of the Council, or by order of the Mayor,
or, in the Mayor’s absence or disability, the Mayor Pro Tempore,
if a meeting of the Council cannot be called within the time available,
whenever conditions threaten to render inadequate the normal procedures
of the Town for protection of persons or property.
During a state of emergency the Mayor, or, in the Mayor’s
absence or disability, the Mayor Pro Tempore, shall have all the powers
which would be vested in the Council as provided in V.T.C.A., Government
Code § 433, together with existing amendments as hereafter may
be made, and acts supplementary thereto, to the extent the Mayor considers
to be reasonable, or necessary for the protection of persons or property.
The emergency powers herein provided shall be exercised only
to the extent made necessary by the nature of the emergency and during
the continuation of the state of emergency.