The governing body of the City of Brownfield, Texas, shall consist of seven (7) councilmembers and a mayor and said body shall be known as the City Council of Brownfield, Texas.
(As amended by Charter Election called 5/6/00)
The members of the City Council of the City of Brownfield, which includes the seven councilmembers and a mayor, shall be the only elective officers of the City. They shall be elected and hold office and be compensated as herein provided.
(As amended by Charter Election called 5/6/00)
Manner of election.
(a)
The City Council shall be comprised of seven city councilmembers and one mayor.
(b)
Five (5) of the seven city councilmembers shall be elected from single member districts-Districts One (1) through Five (5). The district lines shall be established and maintained pursuant to state and federal law.
(c)
The other two councilmembers shall be elected simultaneously at large by plurality vote. The language on the ballot for the election of these two positions shall read in English: "Vote for one or two," and in Spanish: "Vote por uno o dos."
(d)
All single member district elections shall be by majority vote.
(e)
The mayor shall be elected at-large by a majority vote.
(f)
All qualified voters of the City of Brownfield shall be eligible to vote for the at-large councilmember and mayor positions. Only qualified voters residing within a district shall be eligible to vote for candidates for that district's position on the City Council.
(g)
Elections for Districts 1,2, and 3 and mayor, shall be held on the first Saturday in May beginning in May of 1998, and every two (2) years thereafter. Elections for District 4, 5 and the two at-large councilmembers shall be held the first Saturday in May beginning in May of 1999, and every two (2) years thereafter.
[Successive terms.] The members of the City Council shall serve not more than two terms in succession and until their successors shall have been elected and qualified; and they shall be ineligible to succeed themselves for any additional successive term. Nothing herein shall prohibit any Councilmember or Councilmembers, who, having served two successive terms and having not served for one term, from again serving two successive terms. |
[Oath, bond.] All officers of the City whether elected or appointed shall be qualified by taking the oath prescribed by the Constitution of this State, and by executing such bond as may be required under the provisions of this Charter and the ordinances and the resolutions of the City. |
[Term.] The Mayor and each Councilmember shall serve for a term of two years and until his successor is elected and qualified unless sooner removed from office as herein provided. |
[Mayor pro-tem.] The Council shall at the first regular meeting following each election, elect a Mayor Pro-Tem from among the members of the Council, and the Mayor Pro-Tem shall perform all the duties of the Mayor during his absence or disability. |
[Mayor's vote.] The Mayor of the City of Brownfield shall be equally entitled to a vote on all matters which are within the province of the City Council under the terms of this Charter or any ordinances or resolutions of the City of Brownfield as though he were a member of the Council. |
(As amended by Charter Election called 5/6/00)
Each candidate for the City Council must, at the time of election and during his term of office, live within the City of Brownfield. Each candidate for Districts One (1) through Five (5) must, at the time of election and during his term of office, live within his respective district. If a City Councilmember occupying a district seat moves out of his district or out of the City of Brownfield, or if a City Councilmember occupying an at-large position moves out of the City of Brownfield, or if any Councilmember dies in office, or resigns, then that seat is immediately declared vacant. No person shall be eligible to hold any elective office of the City of Brownfield, unless that person shall be a U. S. citizen, 21 years or older, a qualified voter and be eligible to hold office under the Constitution and Laws of the State of Texas and unless he shall have resided in the City of Brownfield, for 12 months next preceding any general or special election, at which he shall offer himself as a candidate. A member of the Council ceasing to possess any of the foregoing qualifications, or the qualifications of any other section or sections of this Charter, or any councilmember who may be convicted of a felony while in office, shall immediately forfeit his office.
(As amended by Charter Election called 5/6/00)
(a)
The Mayor shall receive a salary in an amount of Fifty and no/100 Dollars ($50.00) per regular meeting not to exceed One Hundred and no/100 Dollars ($100.00) per month.
(b)
Each Councilmember shall receive the sum of Twenty-five and no/100 Dollars ($25.00) for each regular meeting of the Council attended by him, provided that no Councilmember shall receive a greater compensation than Fifty and no/100 Dollars ($50.00) per month.
(c)
The Mayor and City Councilmembers shall be entitled to be reimbursed for all reasonable and necessary expenses in carrying on in the performance of all their official duties.
(As amended by Charter Election called 5/6/00)
The Mayor shall preside at meetings of the Council and shall be recognized as head of the City government for all ceremonial purposes and by the governor for purposes of military law, but shall have no regular administrative duties. The Mayor shall be entitled to vote upon all matters considered by the Council, but he shall have no veto power. The Council shall elect a mayor pro tem at the first meeting following each regular election who shall act as mayor during the absence or disability of the mayor, and if a vacancy should occur, such mayor pro tem shall become mayor until the next regular election.
(As amended by Charter Election called 5/6/00)
A vacancy in the council shall be filled by a majority vote of the remaining members of the council, by the selection of a person possessing all of the qualifications prescribed by this Charter for holding of office, by an elective official. Where more than one vacancy shall develop at any one time, then a special election shall be called within forty-five (45) days and any vacancy filled in the same manner as herein provided for general elections; provided however, if such vacancies occur within ninety (90) days before a general election, then no special election shall be called.
All powers of the City of Brownfield, Texas, and the determination of all matters of policy shall be vested in the City Council. Except where in conflict with and otherwise expressly provided by this Charter the City Council shall have all powers authorized to be exercised by the City Council by Chapter 4 of Title 28, Vernon's Annotated Civil Statutes, and acts amendatory thereof and supplementary thereto, now or hereafter enacted. Without limitation of the foregoing and among the other powers that may be exercised by the Council, the following are hereby enumerated for greater certainty:
(1)
Appoint and remove the city manager.
(2)
Establish other administrative departments and distribute the work of divisions.
(3)
Adopt the budget of the city.
(4)
Authorize the issuance of bonds by a bond ordinance.
(5)
Inquire into the conduct of any office, department or agency of the city and make investigation as to municipal affairs.
(6)
Provide for a planning commission, a zoning commission and board of adjustment, and appoint the members of all such commissions and boards, and as well the members of the hospital board, if a hospital is established. The planning and zoning commissions may be combined. Such boards and commissions shall have all powers and duties now or hereafter conferred and created by this Charter, by city ordinance or by law.
(7)
Adopt Plats.
(8)
Adopt and modify the official map of the City.
(9)
Adopt, modify, and carry out plans proposed by the planning commission for the clearance of slum districts and rehabilitation of blighted areas.
(10)
Adopt, modify and carry out plans proposed by the planning commission for the replanning, improvement and redevelopment of neighborhood's and for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster.
(11)
Regulate, license and fix the charges or fares made by any person owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the city.
(12)
Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fire-proof building within certain limits, and to provide for the condemnation of dangerous structures of buildings or dilapidated buildings calculated to increase the fire hazard, and the manner of their removal or destruction.
The Council shall appoint an officer of the City who shall have the title of City Manager and who shall have the powers and perform the duties in this charter provided. No Councilmember shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term.
The salary of the City Manager shall be fixed by the City Council. He shall hold office at will. The City Manager shall not be appointed for a definitive term. The City Council can remove or suspend, with or without cause, the City Manager at any time. The City Manager shall in all things be deemed to be employed as an at will employee of the City Council. During the absence, or suspension, or disability of the City Manager, the Council shall designate a properly qualified person to perform the duties of the office; except in case of his temporary absence or disability.
(Amended by Charter election called 5/6/00)
Neither the Council nor any of its members shall direct the appointment of any person to, or his removal from office, by the City Manager or by any of his subordinates; provided however, that the appointment of department heads shall be subject to the approval of the Council. Except for the purpose of inquiry the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, neither publicly nor privately.
The City Manager, and such other officers of the city as may be designated by vote of the council, shall be entitled to seats in the council, but shall have no vote therein. The City Manager shall have the right to take part in the discussion of all matters coming before the council, and other officers shall be entitled to take part in all discussions of the Council relating to their respective offices, departments or agencies.
There are hereby created the following administrative departments: Finance, Police, Fire and Public Works, and such other departments as may be established by the Council as hereinafter provided.
The Council may, if it deems it advisable, consolidate into one department not more than two of the departments hereby; established. The Council by ordinance may create, change, and abolish offices, departments, or agencies other than the offices, departments and agencies established by this Charter.
The council shall designate an officer of the city who shall be recommended by the City Manager to serve as Secretary of the Council. He shall give notices of its meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full in a book kept and indexed for the purpose all ordinances and resolutions, and shall perform such other duties as the City Manager shall assign to him, and those elsewhere provided for in this Charter.
There shall be a magistrate of the Municipal Court known as the City Judge who shall be appointed by the City Council, and who shall hold his office at the will of the City Council, and until his successor is appointed. He shall receive such salary as may be fixed by the Council from time to time. In the event of failure of the City Judge to act, for any reason, the Mayor shall act in the place and stead of the City Judge (and in the event of a vacancy, until a City Judge is appointed by the Council to fill the vacancy). The Mayor while acting as City Judge shall receive no compensation; for acting as City Judge. All costs and fines imposed by the Municipal Court, or by any court in all cases appealed from judgment of the Municipal Court, shall be paid into the City Treasury for the use and benefit of the City.
The City Council shall appoint a competent and duly licensed attorney practicing in the State of Texas who shall be its City Attorney. He shall receive for his services such compensation as may be fixed by the Council and shall hold his office at the will of the City Council and until his successor is appointed.
The City Attorney shall represent the City in Municipal Court and shall monitor and/or represent the City in all litigation as may be directed by the City Council. He shall be the legal advisor of and attorney and counsel for the City and all officers and departments thereof.
The City Attorney shall have power to appoint an assistant if deemed necessary by him, subject to the approval of the City Council, at such compensation as may be fixed by the Council; and more than one assistant if deemed necessary by the Council, such assistant or assistants to hold office at the will of the City Attorney, so long as he remains such.
(As amended by Charter Election called 5/6/00)
On the first regularly scheduled City Council meeting following each regular municipal election held under this Charter, or any special election for the purpose of filling vacancies in the Council or office of Mayor, the Council shall meet at the usual time and place for holding meetings and the newly elected members shall qualify and assume the duties of office. Thereafter, the Council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. All meetings of the Council shall be open to the public; except for those purposes and meetings which may be closed according to the laws of the State of Texas. Special meetings shall be called by the City Secretary upon request of the Mayor, City Manager or a majority of the members of the Council.
(As amended by Charter Election called 5/6/00)
The Council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the Council in any such case shall be subject to, review by the courts.
The Council shall determine its, own rules and order of business. It shall keep an indexed journal of its proceedings and the journal shall be open to the public for inspection.
In addition to such acts of the Council as are required by statute or by this Charter to be by ordinance covers every act of the Council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness shall be by ordinance. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BROWNFIELD."
Every ordinance shall be introduced in written or printed form and upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall not become effective until its publication as provided for herein; subject to the provisions of ARTICLE XI of this Charter. The City Secretary shall give notice of the passage of every ordinance imposing a penalty, fine, or forfeiture for a violation of the provisions thereof by causing a descriptive caption or title stating in summary the purpose of the ordinances, and the penalty for violations thereof, to be published in the official newspaper at least one time. As an alternative method, the City Council may cause the City Secretary to have the full text of the ordinance published. The City Secretary shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the Charter, and the date of such publication, which shall be prima facie evidence of the legal publication and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and codification of the ordinances of the City for publication in book or pamphlet form. Except as otherwise provided by ARTICLE XI of this Charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of the City Council. Every ordinance shall be authenticated by the signature of the Mayor and City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the Council. It shall only be necessary to record the caption or title of ordinances in the minutes or journal of Council meetings. The City Council shall have power to cause the ordinances of the City to be corrected, amended, revised, codified and printed in code form as often as the Council deems advisable and such printed code, when adopted by the Council shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evidence in all courts and places without further proof; provided, however, that the failure of the Council to codify such items shall in no wise affect the validity or admissibility thereof.
The Council shall have power to inquire into the conduct of any office, department, agency, or officer of the City and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and evidence. Failure to obey such subpoena or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed one hundred dollars ($100.00).
Not less than thirty (30) nor more than sixty (60) days prior to the end of each fiscal year the Council shall designate qualified public accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the City Government and shall submit their report to the Council. Notices shall be given by publication in some newspaper of general circulation in the City of Brownfield that the annual audit is on file at the City Hall for inspection. Such accountant shall have no personal interest, direct or indirect in the fiscal affairs of the City Government. They shall not maintain any account or records of the business, but, within specifications approved by the Council, shall post audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or, agency of the City Government. Nothing herein shall prohibit the City Council from employing an auditor for the City of Brownfield, who is a qualified accountant, on an annual basis, to make such independent audit of accounts and other accounts and financial transactions of the City Government.
The City Council shall have the authority to establish and maintain a free public library within the City and to cooperate with any person, firm, association, legal entity or body politic, or corporation under such terms as the City Council may prescribe for the establishment and/or maintenance of such free public library. For budget purposes, the library shall be considered as a department of the City and the appropriation therefore shall comply with all the budgetary requirements as outlined in this Charter, and as may be prescribed from time to time by the City Council. Annual appropriations for the library will not be continuing, but will revert to the general fund in the same manner as the underspent appropriations of the other departments.
The City Council may create a housing authority of such number, terms and compensation of members as the Council may determine and may delegate to the housing authority such powers relating to the planning, construction, reconstruction, alteration, repair, maintenance or operation of housing projects and housing accommodations as the Council may determine.
The City Council shall have authority to provide for rules and regulations for maintaining employees when injured and disabled while performing their duties, or it may provide for such plan of insurance as it deems proper. The City Council shall have authority to establish a pension and retirement system for any or all groups of officers and employees in the service of the City. Any such pension and retirement system shall be established on a jointly contributory basis, with the officers and employees sharing the cost equally with the City, if feasible, except as to prior service charges at the time for establishment, which shall be borne entirely by the City. The cost of the system shall be determined actuarially on the basis of such mortality and service tables as the City Council shall approve. The provisions of the ordinance establishing such a pension and retirement system shall require periodic actuarial evaluations, which shall serve as the basis of any changes in the rates of contributions, and shall also provide for the maintenance at all times of adequate reserves to meet all accrued liabilities. Any officer or employee of the City at the time of establishment of such system shall for ninety (90) days thereafter have the privilege of becoming a member of the system so established and to share its benefits. Officers and employees thereafter appointed in the classified service shall be required to join the system as a condition of employment. The City Council shall have authority, on behalf of the City of Brownfield and its officers and employees, to join or participate in any district or statewide pension and retirement system which has been established by the Legislature of the State of Texas, or which may be hereafter established by the Legislature of the State of Texas, and if the employees are placed under such system or systems, that the employees shall be completely under and governed by said system as provided for by the laws of the State of Texas, and provisions in this Charter relating to retirement and pension shall not apply.
When and if a pension and retirement system is established under the provisions of this section, the City Council may also make provision for its administration, either by the creation of a Department of Personnel, with a Director, and a Personnel Board, or otherwise, as it may see fit, with such power and duties and compensation as the City Council by ordinance may prescribe and delegate; and such administrative agent or agency shall also have charge of the collection, investment payment and custody of funds of the pension and retirement system. If necessary to the maintenance of a financially sound system the City Council may by ordinance provide for as much as three-fourths (3/4) of the cost of its maintenance to be borne by the City.
The City Council of the City of Brownfield shall have authority to place the city employees under Federal Social Security Laws or Law, and in event the employees are placed under the Federal Social Security Law or Laws then in effect, that the employees shall be completely under said system as provided for by said law or laws, the provisions in this Charter to the contrary notwithstanding.