The city council shall be composed of the mayor and six council
members, who shall be elected from the city at large. Each council
member shall occupy a position on the council, numbered one through
six consecutively. The mayor and council members shall be elected
in the manner provided in Article V of this charter to serve for three-year
terms.
Unless the context clearly requires otherwise, the terms “city
council” or “council”, when used in this charter,
shall mean the mayor and the council members.
Council members and the mayor shall be limited to three consecutive
full terms in office. A person who has served three consecutive full
terms as a council member, regardless of place number, or as mayor
may not again hold the same office until at least one term out of
office has passed. A person who has served three consecutive terms
as a council member shall be eligible to be elected to the office
of mayor for three consecutive terms, and a person who has served
three consecutive terms as mayor shall be eligible to be elected as
a council member for three consecutive terms.
In addition to any qualifications for holding office prescribed
by law, the members of the council shall reside within the city and
shall meet the conditions of section 5.02 of this charter while in
office.
Members of the city council shall serve without compensation,
but shall be entitled to payment of or reimbursement for all necessary
expenses incurred in the performance of official duties, upon approval
by the city council.
All powers of the city shall be vested in the city council,
except as otherwise provided by law or this charter. The city council
shall provide for the performance of all duties and obligations imposed
on the city by law through the establishment of general policies and
ordinances, which will be implemented by the City Manager. Any member
of city council may place an item on the agenda for a subsequent regular
council meeting with the consent of a second member of the city council.
The mayor shall have the following rights and responsibilities:
1.
Preside
at all meetings of the city council.
2.
Sign
any ordinance, order, resolution, plat, bond, conveyance, contract,
or other document that is authorized or enacted by the city council.
3.
Serve
as head of the city government for all ceremonial purposes.
4.
Serve
as the official representative of the city.
5.
Perform
other duties, consistent with this charter, as may be imposed by the
city council.
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The mayor shall have the power to vote on all matters which
come before the City Council in the same manner as City Council members.
The mayor may not bind or obligate the city in any way without prior
authorization from the city council.
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The mayor pro-tem shall be a council member elected by the council
at the first meeting following the canvassing of each regular election.
The mayor pro-tem shall act as mayor during the disability or absence
of the mayor. When acting in the capacity of mayor, the mayor pro-tem
shall have the rights and responsibilities and be subject to the limitations
conferred on the mayor by this Section.
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In the event of a single vacancy in the City Council, if there
are 365 days or more remaining on the term of the vacated Mayoral
or City Council position, the City Council shall call a special election
to fill such vacancy. If there are less than 365 days remaining in
the term of the vacated Mayoral or City Council position, the City
Council may, by majority vote of the remaining Councilmembers, at
its discretion, appoint a new Mayor or Councilmember to fill such
vacancy or call a special election to fill such vacancy.
(a)
Reasons:
Any member of the council may be removed from
office for any of the following reasons:
1.
Failure to maintain the qualifications for office required by sections 3.03 and 5.02 of this charter.
2.
Violation of any express prohibition of this charter or the Code of Ethics adopted under Section 11.05.
3.
Conviction
of a crime involving moral turpitude.
4.
Failure
to attend three consecutive regular city council meetings without
being excused by the council.
5.
Violation
of Section 3.09(c) of this Charter.
6.
Violation
of Section 11.03 of this Charter.
(b)
Initiation:
Removal proceedings shall be initiated when
a sworn written complaint charging a member of the council with an
act or omission that is a reason for removal is presented to the mayor
or, if the complaint is against the mayor, to the mayor pro-tem. The
person receiving the complaint shall file it with the city secretary,
who shall provide a copy to the member complained against and all
other council members. The mayor or the mayor pro-tem shall set a
time and date for a hearing on the complaint.
(c)
Hearing and decision:
1.
All
hearings held under this subsection shall be conducted in open session,
except that the City Council may conduct a closed session to get advice
from its attorney pursuant to the Texas Open Meetings Act;
2.
The
officer holder subject to any investigation and/or hearing under this
section shall be entitled to written notice of the allegations of
Removal;
3.
A
special meeting shall be called to hold the hearing;
4.
A
member of City Council who initiated or is the subject of the investigation
or hearing shall not sit at the dais and shall not participate in
deliberation or vote;
5.
City
Council shall adopt by ordinance rules of order to be followed;
6.
The
City Council shall state the nature of the hearing and the allegations
to be considered, shall be provided the results of any investigation
and a presentation of the evidence against the office holder including,
but not limited to testimony from individuals;
7.
The
individual who is subject to the hearing is entitled to representation
at the hearing, shall be provided an opportunity to respond to the
allegations, cross-examine all witnesses and present any relevant
evidence including, but not limited to, testimony from individuals;
8.
City
Council may ask questions of any individual;
9.
No
public comment shall be allowed unless agreed to by a majority vote
of the voting members of City Council present. Rules for public comment
shall be set by City Council;
10.
If City Council determines by an affirmative vote of the majority of the voting members of the City Council that removal is warranted, it shall declare a vacancy to be filled no sooner than the next regular meeting and in accordance with section 3.07;
11.
In addition to removal, City Council may, by a majority vote of the
voting members of City Council, take any action it determines to be
appropriate including, but not limited to, directing further investigation,
requesting further information, or taking a vote of censure.
(a)
Holding other office:
No member of the council shall
hold other city office or employment or provide other compensated
and/or contracted services to the city during their term of office
and no former member of the council shall hold any compensated appointive
city office or employment or provide other compensated and/or contracted
services to the city until at least two years after the expiration
of their term of office.
(b)
Appointments and removals:
Neither the city council
nor any of its individual members shall require the appointment or
removal of any city officer or employee that the city manager or their
subordinate is authorized to appoint. This provision shall not limit
the right of the city council to express and to freely and fully discuss
with the city manager its views pertaining to the appointment and
removal of city officers and employees.
(c)
Interference with administration:
Unless making inquiries or conducting an investigation under section 3.19, the city council and its individual members shall work through the city manager in dealing with city officers and employees who are under the direction and supervision of the city manager. No member of the council shall exert any direct control over city officers and employees or shall give orders to or direct the actions of city officers and employees, publicly or privately, except as may be permitted by this charter.
(November 2, 2021, measure E)
The city council shall meet at least once each month and may
hold as many additional meetings as it deems necessary to transact
the business of the city. Days and times of regular meetings shall
be set by resolution. All meetings shall be posted and conducted in
accordance with the requirements of the Texas Open Meetings Act, Chapter
551, Government Code. The city council shall meet with each board
or commission on an as needed basis. The Mayor shall, with the assistance
and input of the City Manager, set and approve the agendas for City
Council meetings.
(November 2, 2021, measure H)
Four members of city council, including the mayor shall constitute
a quorum for the purpose of transacting business. Except as otherwise
provided by this charter or state law, the affirmative vote of a majority
of those members present and voting shall constitute valid action
by the city council.
The city council shall determine its own rules and order of
business by resolution. Rules of procedure shall ensure that citizens
of the city have a reasonable opportunity at any meeting to address
the council regarding matters under consideration. The council shall
provide for minutes to be kept of all meetings and, except for records
of discussion held in executive session, the minutes shall be public
records.
Voting on all motions regarding official actions of the council
shall be by roll call, and each member’s vote shall be recorded
in the minutes. Except as prohibited by conflict of interest laws
or this charter, all members of the city council shall vote “yes”
or “no” on every action, resolution, or ordinance requiring
a vote. The nature of a conflict of interest requiring an abstention
shall be concisely stated in the minutes.
In addition to other acts required by law or by specific provision
of this charter to be done by ordinance, the city council shall adopt
ordinances in order to:
(a)
Form:
The council shall legislate only by ordinance
that contains an enacting clause stating, “Be it ordained by
the City Council of the City of Pflugerville, Texas.” Each proposed
ordinance shall be introduced in the written or printed form required
for adoption. No ordinance shall contain more than one subject, which
shall be clearly expressed in its title; however, general appropriations
ordinances may contain various subjects and accounts for which monies
are to be appropriated.
Once adopted, no ordinance may be amended or repealed except
by adoption of another ordinance amending or repealing the original
ordinance. Except when an ordinance is repealed in its entirety, the
amending or repealing ordinance shall set out in full the ordinance,
sections, or subsections to be amended or repealed and shall clearly
indicate the proposed amendments, additions, or deletions.
(b)
Procedure:
Any member of the council may offer an ordinance
in writing after it has been approved as to form by the city attorney
and placed on the agenda of a regular council meeting. At least one
week before first reading, copies of the proposed ordinance in the
form required for adoption shall be furnished to members of the council
and the caption of the proposed ordinance shall be posted at the city
hall and on the City’s website. On request of any citizen, the
city secretary shall furnish a copy of any proposed ordinance, the
caption of which is posted for public review. Amendments to any proposed
ordinance shall be subject to the same notice, posting, and copy requirements
so long as the proposed ordinance is before the council.
The city attorney shall review all proposed ordinances before
first reading and provide any suggestions or objections to the council
in writing.
Except as specified below, a proposed ordinance shall be read
at two council meetings with at least seventy-two hours elapsing between
readings. A proposed ordinance may be amended on first reading; however,
if an amendment is made at second reading, final adoption shall be
postponed until a subsequent meeting. An emergency ordinance shall
be adopted in accordance with section 3.16 of this charter; a budget
ordinance shall be adopted in accordance with section 9.03 of this
charter; an appropriations ordinance shall be adopted in accordance
with section 9.04 of this charter; an ordinance pertaining to borrowing
shall be adopted in accordance with section 9.05 of this charter;
and a tax ordinance shall be adopted in accordance with section 9.08
of this charter.
(c)
Reading:
Reading aloud the caption of an ordinance shall
satisfy the requirement for reading, provided that printed copies
of the ordinance in the form required for adoption are in front of
all council members present and a reasonable number of copies are
available to citizens present at the meeting. If three council members
request, a proposed ordinance shall be read aloud in its entirety.
(d)
Effective date:
Every ordinance shall be effective upon adoption, or at any later time specified in the ordinance; however, no ordinance imposing a penalty, fine, or forfeiture shall become effective until the caption of the ordinance, which shall summarize the purpose of the ordinance and the penalty for violating the ordinance has been published one time on the city’s official website or other electronic media that is readily accessible to the public. An ordinance passed on first reading by at least three affirmative votes may become effective after first reading provided the motion so specifies, but the ordinance shall be posted and adopted at a subsequent meeting as required by section 3.15(b).
(November 2, 2021, measure B)
(a)
Purpose and limitations:
To meet a public emergency affecting life, health, property, or the public peace, the council may adopt emergency ordinances; however, ordinances that levy taxes; grant, renew, or extend a franchise; regulate the rates charged by a public utility for its services; or, except as permitted by section 9.05, authorize the borrowing of money shall not be adopted as emergency ordinances.
(b)
Form and procedure:
An emergency ordinance shall be
introduced in the form required for ordinances and shall be clearly
designated in its caption as an emergency ordinance. Immediately after
the enacting clause, it shall contain a declaration stating that an
emergency exists and describing it in clear and specific terms. The
affirmative vote of a majority of council members shall be required
to approve an emergency clause. An emergency ordinance may be adopted,
amended, and rejected at the same meeting at which it is introduced,
and the affirmative vote of a majority of council members is required
for adoption. After adoption, it shall be numbered as any other ordinance
with the designation of “E” following the number and shall
be published and become effective in the manner required for any other
ordinance.
The city council may adopt any standard code of technical regulations
by adopting an ordinance that incorporates the code by reference.
The procedure for adopting such an ordinance shall be as prescribed
in section 3.15 of this charter, except that the requirement for distribution
and posting of copies of the ordinance shall be construed to include
copies of the technical regulations proposed for adoption by reference,
as well as the adopting ordinance. Copies of an adopted code of technical
regulations shall be available from the city secretary for distribution
or for purchase at a reasonable price.
The city council shall require all municipal officers and employees
who receive and disperse city funds, including the city manager, to
be bonded in an amount determined by the city council. The city shall
bear the cost of the bonds.
(November 2, 2021, measure F)
The city council may, upon majority vote, make investigations
into the affairs of the city and the conduct of any city department,
division, or office and for this purpose may subpoena witnesses, administer
oaths, take testimony, and require the production of evidence. By
ordinance, the council may provide that any person who fails or refuses
to obey a lawful order issued in the exercise of these powers shall,
upon conviction, be guilty of a misdemeanor and subject to a fine
set by that ordinance.
