All powers of the City shall be vested in the City Council, except as otherwise provided by the law or this Charter and the City Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law.
(Charter adopted 11/2/10)
The City Council shall be composed of the Mayor and five (5) Councilmembers. The Mayor and Councilmembers shall be elected from the City at-large. Each Councilmember shall occupy a place on the Council, such places being numbered one (1) through five (5). Every even-numbered year the Mayor and two (2) Council positions shall be voted in; on odd-numbered years three (3) Council positions shall be voted in.
(Charter adopted 11/2/10; Ordinance D19-08 adopted 8/15/19; Ordinance E20-08 #02 adopted 8/6/20, prop. B, approved at election of 11/3/20)
The Mayor and each Council member shall meet the following:
1. 
Be a qualified voter in the City and State at the time of taking office;
2. 
Be a resident of the City;
3. 
Have resided continuously in the corporate limits of the City for twelve (12) months immediately preceding the date of the election or appointment;
4. 
Not be in violation of any provision in the Charter;
5. 
Be 21 years of age or older on the first day of the term to be filled after the election or appointment; and
6. 
Satisfy any other eligibility requirements prescribed by law for the office for which they are a candidate.
The City Council is the final judge of all elections and the qualifications of its members and of any other elected officials of the City.
(Charter adopted 11/2/10)
Members of the Council shall serve without pay or compensation; provided, however, that they shall be entitled to reimbursement for all expenses incurred in the performance of their official duties as approved by the Council.
(Ordinance 2014-11-04 #007 adopted 8/11/14, prop. 2, approved at election of 11/4/14)
The Mayor shall be the presiding officer of the City Council and shall be recognized as the head of the City government for all ceremonial purposes, for emergency management purposes, and by the governor for purposes of military law. The Mayor may debate and discuss any matters before the City Council and shall only vote on issues resulting in a tie by the City Council. The Mayor shall, when authorized as necessary by the City Council, sign all official documents. The Mayor shall appoint, with the advice and consent of the City Council, the members of citizen advisory boards and commissions, whose conditions of membership shall have been set previously by ordinance.
The Mayor shall have no veto power.
(Charter adopted 11/2/10)
The Mayor Pro-Tem shall be a Council member elected by the City Council at the first regular City Council meeting following each regular City election. The Mayor Pro-Tem shall act as Mayor during the absence or disability of the Mayor.
(Charter adopted 11/2/10)
A. 
Vacancies.
The office of a Council member or Mayor shall become vacant upon the member’s death, resignation, removal from office or forfeiture of office in any manner authorized by law.
B. 
Forfeiture of Office.
A Council member or the Mayor shall forfeit the office if that person:
1. 
Lacks, at any time during the term of office for which elected, any qualifications for the office prescribed by this Charter or by law,
2. 
Violates any express prohibition of this Charter,
3. 
Is convicted of a crime involving moral turpitude,
4. 
Fails to attend three consecutive regular meetings of the Council without being excused by the Council or,
5. 
Must vacate the office by the mandate of any other law.
C. 
Filling of Vacancies.
When a vacancy occurs in the City Council, the remaining members of the City Council may appoint a person meeting the requirements of that position to the vacant seat to serve until the next election. Should more than one (1) year remain on the vacant seat, the City shall call a special election and the candidate who wins the election for the seat shall serve the remainder of the term.
(Charter adopted 11/2/10; Ordinance 2014-11-04 #007 adopted 8/11/14, prop. 11, approved at election of 11/4/14)
A. 
Holding Other Office.
Except where authorized by law, no Councilmember shall hold any other elected public office during the term for which the member was elected to the City Council. No Councilmember shall hold any other Nolanville City office or Nolanville City employment during the term for which the member was elected to the Council. No former Councilmember shall hold any compensated appointed office or employment with the City until one year after the expiration of the term for which the member was elected to the Council. Nothing in this section shall be construed to prohibit the City Council from selecting any current or former Councilmember to represent the City on the governing board of any regional or other intergovernmental agency.
B. 
Appointments and Removals.
Neither the City Council nor any of its members shall in any manner control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint.
C. 
Interference with Administration.
Except for the purpose of inquiries and investigations under Section 3.12, the City Council, either as a body or individually, shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and the City Council, either as a body or individually, shall not give orders to any such officer or employee, either publicly or privately.
D. 
Term Limits.
No person shall serve for more than four (4) consecutive two (2) year terms in any one office.
(Charter adopted 11/2/10; Ordinance 2014-11-04 #007 adopted 8/11/14, prop. 4, approved at election of 11/4/14; Ordinance D19-08 adopted 8/15/19; Ordinance E20-08 #02 adopted 8/6/20, prop. C, approved at election of 11/3/20)
A. 
Regular and Special Meetings.
The City Council shall meet at least once each month at a time and place, which the City Council may prescribe by rule. Special meetings may be called by the Mayor on the Mayor’s own motion. On written request of three (3) Council members, the Mayor shall call a special meeting. Items to be placed on an agenda for any city meeting may be requested by the Mayor, any Council Member, the City Manager, or any Department Head. At such time the Mayor shall place that item on the next agenda. Notice of the date, place, time and subject of each meeting shall be in accordance with State Law.
B. 
The City Council shall by resolution determine its own rules and order of business. Provisions shall be made for the taking of minutes, which shall be a public record. Three (3) Council Members of City Council shall constitute a quorum.
(Charter adopted 11/2/10; Ordinance 2014-11-04 #007 adopted 8/11/14, prop. 3, approved at election of 11/4/14)
A. 
Passage.
Ordinances shall be introduced to the City Council only in written or printed form and will require one (1) reading prior to final passage, unless otherwise provided by the law of the State of Texas or this Charter. The subject or subjects of all ordinances shall be clearly expressed in the title. Except as may otherwise be prescribed in the Charter, after reading the ordinance or its caption, the City Council will determine whether it shall be passed, rejected or considered at a subsequent City Council meeting. The affirmative vote of three or more members of the City Council is required to enact any ordinance, unless state law or this Charter requires a greater number.
During the first reading of an ordinance, the Council may determine that the first reading is sufficient for adequate consideration. A motion for first and only reading of an ordinance may be made and passed upon the affirmative vote of all members of the City Council. The City Council may then proceed to vote, pass, and adopt the ordinance on the first reading.
Editor’s note–Ordinance 2014-11-04 #007, Proposition No. 5, amended subsection A. to require only one reading of an ordinance. The second paragraph of subsection A.-- which, inconsistently, requires more than one reading unless the Council specifically approves a motion is otherwise -- was not specifically deleted [sic]. As a result, the undeleted second paragraph became inconsistent with the will of the voters, and that clause has been rendered without any legal effect.
B. 
Enacting Clauses; Signature and Authentication.
The enacting clause of all ordinances shall be “BE IT ORDAINED BY THE CITY OF NOLANVILLE, TEXAS”; and every ordinance shall be signed by the Mayor or the Mayor Pro-Tem and authenticated by seal and signature of the City Secretary.
C. 
Ordinances.
The caption or title and penalties of every ordinance imposing any penalty, fine, or forfeiture shall, as soon as practical after passage thereof, be published one (1) time in the official newspaper(s) of the City of Nolanville. All ordinances granting, confirming, extending, renewing, or amending a franchise shall be accepted in writing by the grantees and shall be published as otherwise provided in this Charter.
D. 
Effective Date.
Every ordinance shall become effective upon adoption or at any later time(s) specified in the ordinance, except that every ordinance imposing any penalty, fine, or forfeiture shall become effective only after the ordinance or a caption that summarizes the purpose of the ordinance and the penalty for violation of the ordinance has been published once in a newspaper designated as the official newspaper(s) of the City, or except as otherwise provided by the law of the State of Texas or this Charter.
E. 
Codification of Ordinances.
The City Council shall have the power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the City Council deems advisable, and such printed code, when adopted by the Council, shall have full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or codes of ordinances shall be admitted as evidence in all courts without proof, and shall have the same force and effect, as did the original ordinance.
(Charter adopted 11/2/10; Ordinance 2014-11-04 #007 adopted 8/11/14, props. 5, 6, approved at election of 11/4/14; Ordinance D19-08 adopted 8/15/19)
The City Council shall have the power to inquire into the official conduct of any agency, boards, office, officers, or employees appointed by the City Council. For this purpose, the City Council shall have the power to administer oaths, subpoena witnesses, and compel the production of books, papers, and other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt in failing or refusing to obey any such subpoena or to produce any such books, papers, or other evidence. The City Council shall have the power to punish any such contempt in the manner provided by such ordinances. The City Manager retains the power to inquire into the official conduct of any department or employee appointed by the City Manager.
(Charter adopted 11/2/10; Ordinance E20-08 #02 adopted 8/6/20, prop. D, approved at election of 11/3/20)