The council shall consist of a mayor, who may reside in any
portion of the city; a councilman from ward no. 1, who shall be a
resident of ward no. 1 at the time of his/her election and for a period
of six months prior thereto; councilman from ward no. 2, who shall
be a resident of ward no. 2 at the time of his/her election and for
a period of six months prior thereto; councilman from ward no. 3,
who shall be a resident of ward no. 3 at the time of his/her election
and for a period of six months prior thereto; and a councilman from
ward no. 4, who shall be a resident of ward no. 4 at the time of his/her
election and for a period of six months prior thereto; a councilman
from ward no. 5, who shall be a resident of ward no. 5 at the time
of his/her election and for a period six months prior thereto; and
a councilman from ward. no 6, who shall be a resident of ward no.
6 at the time of his/her election and for a period of six months prior
thereto.
(Amended at election of 5/7/94)
Each member of the council shall be elected for a term of three
years or until his/her successor shall be elected and qualified.
(Amended at election of 5/7/94)
Each member of the council shall at the time of his/her election
to office, be at least twenty-five years of age and shall be a qualified
voter of the State of Texas and a citizen of and taxpayer of the city
for a period of time not less than two years next preceding his/her
election. No member of the council shall hold any other office or
employment under the city government while he/she is a member of the
council, nor shall he/she hold any paid employment under the city
government within two years thereafter. A member of the council ceasing
to reside in the city or who shall be convicted of a crime involving
moral turpitude shall immediately and ipso facto forfeit his/her office.
(Amended at election of 5/7/94)
If only one seat on the council becomes vacant, it shall be
filled by a majority vote of the remaining members until the next
regular city election. If two or more seats on the council become
vacant at any time a special election shall be called to fill such
vacancies unless the next regular city election is to be held within
a 90 day period and in that event the seats shall remain vacant until
filled at such regular election; provided, however, if at any time
as many as four vacancies exist on the council, a special election
shall be immediately ordered to fill all such vacancies. Such special
election shall be ordered by the city council and, in case of its
failure to order the same, such special election shall be ordered
as provided in section 1 of article II of this Charter.
(Amended at election of 5/7/94)
All powers and authority which are expressly or impliedly conferred
on or possessed by the city shall be vested in and exercised by the
council except those expressly conferred upon other city officers,
commissions, or boards by this Charter or by state law.
(Amended at election of 5/7/94)
The council shall have the power to inquire into the official
conduct of any department, agency, office, officer or employee of
the city and for that purpose shall have the power to administer oaths,
subpoena witnesses, compel the production of books, papers, and other
evidence material to the inquiry. The council shall provide by ordinance
penalties for contempt for failure to obey any such subpoena or for
failure to produce any such papers, books or other evidence and shall
have the power to punish any such contempt in the manner provided
by such ordinance.
(Amended at election of 5/7/94)
Neither the council nor any of its members shall instruct or
request the city manager or any of his/her subordinates to appoint
to or remove from office or employment any person except with respect
to those offices which are to be filled by appointment by the council
under the provision of this Charter. Except for the purpose of inquiry
and investigation, the council and its members shall deal with the
administrative service of the city solely through the city manager
and shall not give orders to any of the city manager’s subordinates
either publicly or privately.
(Amended at election of 5/7/94)
The council shall by election designate one of its members as
mayor pro tem who shall serve in such capacity during the pleasure
of the council. The mayor pro tem shall act as mayor during the absence
or disability of the mayor and shall have power to perform every act
the mayor could perform.
(Amended at election of 5/7/94)
Each councilman shall receive the sum of ten and no/100 dollars
($10.00) and the mayor the sum of fifteen and no/100 dollars ($15.00)
for each meeting of the council; provided that neither the mayor nor
any councilman shall receive pay for more than two meetings in any
one month; and provide[d] further that neither the mayor nor any councilman
shall receive pay for any meeting at which he/she was not present.
(Amended at election of 5/7/94)
There shall be regular public meetings of the council at such
times and places as shall be prescribed by ordinance or resolution.
Regular meetings of the council shall be held at least twice each
calendar month. Special meetings may be called at any time by the
mayor or city council. Notice of special meetings shall be given to
all members of the council by fax sent to each member of the council
at his/her last known address at least eight hours prior to the hour
of such special meeting designating the time and place of such meeting
and the subject, or subjects, to be considered at the same and no
other subject, or subjects, shall be considered at such special meeting;
provided however, that any member of the council may, either before
or after such special meeting, waive such notice.
(Amended at election of 5/7/94)
The council shall by ordinance determine its own rules and order
of business. Four qualified and serving members of the council shall
constitute a quorum for all meetings for the transaction of all business
but no action of the council shall be of any force or effect unless
it is adopted by the favorable votes of four or more members of the
council.
A member of the council shall not vote upon the consideration
of any matter involving his/her own official conduct or where his/her
financial interest is involved; in which event such member shall give
his/her reasons for not voting and such reasons shall be entered upon
the minutes of the council. Financial interest shall be construed
to mean ownership or contractual right to 1% or more of the assets
or profits of one or more of the entities directly affected by the
action of the council, or if the member of the Council receives at
least 5% of his/her salary from one or more of the entities. Minutes
of all meetings of the council shall be taken and recorded and such
minutes shall constitute a public record.
(Amended at election of 5/7/94)
The council may make provisions for the attendance and service
of a chaplain at each regular meeting and at any special meetings
at which his/her services are desired.
(Amended at election of 5/7/94)
The council shall legislate by ordinance and the enacting clause
of every ordinance shall be: “Be it ordained by the city council
of the City of Lufkin.” Every ordinance enacted by the council
shall be signed by the mayor, or mayor pro tem, or by two councilmen
and shall be filed with and recorded by the city secretary. All ordinances,
unless otherwise provided by law or this Charter, shall be read and
passed in two regular meetings of the council before their adoption.
All ordinances, unless otherwise provided by law or this Charter,
or by the terms of such ordinance, shall take effect immediately upon
final passage thereof. The requirements for reading and passing ordinances
in two regular meetings may be dispensed with where an ordinance relating
to the immediate preservation of the public peace, health or safety
is adopted by the favorable vote of three-fourths of all council members
qualified and serving and contains a statement of the nature of the
emergency.
(Amended at election of 5/7/94)
Except as otherwise provided by law or this Charter, the city
secretary shall give notice of the enactment of every ordinance imposing
any penalty, fine or forfeiture for any violation of any of its provisions
and of every other ordinance required by law or this Charter to be
published by causing the said ordinance, or its caption and penalty,
to be published at least one time within ten days after final passage
thereof in the official newspaper of the city. The affidavit of such
publication by the publisher of such newspaper taken before any officer
authorized to administer oaths and filed with the city secretary shall
be conclusive proof of the legal publication and promulgation of such
ordinance in all courts. Such ordinance shall take effect ten days
after the date of such publication, provided that any penal ordinances
passed as an emergency measure shall take effect immediately on its
publication.
The council shall have the power to cause all general ordinances
of the city to be compiled and printed in code form. When adopted
by the council, the printed codes of general ordinances contemplated
by this section shall be in full force and effect without the necessity
of such code, or any part thereof, being published in the official
newspaper of the city. The caption, descriptive clause and other formal
parts of the ordinances of the city may be omitted without affecting
the validity of such ordinances when they are published as a code.
Every general ordinance enacted subsequent to such codification shall
be enacted as an amendment to the code.
(Amended at election of 5/7/94)