The legislative and governing body of the city shall consist
of a mayor and six (6) councilmen and shall be known as the “council
of the City of Liberty, Texas.”
(a)
The mayor
and other members of the city council shall be elected from the city
at large.
(b)
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 and
by the governor for purposes of military law, but shall have no regular
administrative duties. The mayor shall be entitled to vote on all
matters under consideration by the city council.
(c)
In each
even numbered year three (3) councilmen and a mayor shall be elected,
and in each odd numbered year three (3) councilmen shall be elected.
Each member of the city council shall be a permanent resident citizen of the City of Liberty; shall not have due and owing any delinquent property taxes to the City of Liberty; shall have resided in the State of Texas for a period of twelve (12) months; and shall have been such resident citizen of the City of Liberty for a period of not less than twelve months immediately preceding his election, provided however, that any person with the above qualifications, except as to residence, who shall have been a permanent resident, for a period of not less than twelve (12) months immediately preceding his election, of any of the territory not formerly within the corporate limits of said city, but which is annexed under the provisions of section 1.03 of this charter, shall be eligible for said office. A person also must meet the following requirements to be eligible to be a candidate for or elected or appointed to, or to remain in the office of mayor or councilperson: be a United States citizen; be a qualified voter; not have been determined mentally incompetent by a final judgment of a court of proper jurisdiction; not have been finally convicted of a felony from which the person has not been pardoned or otherwise released from resulting disabilities; or convicted in a felony or in a crime involving moral turpitude from which the person has not been pardoned or otherwise released from resulting disabilities. A member of the city council who ceases to be eligible to serve on the council shall automatically forfeit his office.
(Ordinance 910, sec. 1, adopted 5/11/99; Ordinance 945 adopted 12/10/02; Ordinance
2008-05, sec. 1, adopted 5/13/08; Ordinance 2020-35, prop. B, adopted 11/10/20)
The city council shall be the judge of the election and qualifications
of its own members and other elected officials of the city.
The city council, at its first meeting after election of councilmen,
shall elect one (1) of its members mayor pro tem, and he shall perform
all duties of the mayor in the absence or disability of the mayor.
(Ordinance 910, sec. 1, adopted 5/11/99)
The resignation of any member of council, including the mayor
must be in writing, signed and delivered to the presiding officer.
The city council may not refuse to accept a resignation. If a resignation
is submitted, whether to be effective immediately or at a future date,
a vacancy occurs on the date the resignation is accepted by the city
council or on the eighth day after the date of its receipt by the
council, whichever is earlier.
All public officers shall continue to perform the duties of
their offices until their successors shall be duly qualified (i.e.,
sworn in). Until the vacancy is filled by a successor, the public
officer continues to serve and have the duties and powers of office
and continues to be subject to the nepotism provisions. A holdover
public official may not vote on the appointment of his or her successor.
A person elected or appointed to serve as a council member, or mayor,
must remain a resident of the city throughout the term of office.
A vacancy on the city council may be created by the mayor’s
or a city council member’s resignation, removal, incapacity,
or death. If a vacancy occurs on the city council, the remaining city
council members and mayor may fill the vacancy by appointment until
the next regularly scheduled city council election or may order a
special election to fill the vacancy. Said special election shall
be held on the next available uniform election date. If more than
one year remains in the term of the position vacated, the vacancy
shall be filled not later than the 180th day after the date the vacancy
occurs. To be eligible to be appointed to the city council, a person
must meet the qualifications for a councilmember set forth in this
charter.
A special election to fill a vacancy shall be conducted in the
same manner as the city’s general election and in accordance
with all Texas state laws related to municipal elections. An election
to fill a vacancy shall be to fill the unexpired term only.
The same rules outlined above shall apply to filling a vacancy
in the mayor’s position.
(Ordinance 910, sec. 1, adopted 5/11/99; Ordinance 2008-05, sec. 1, adopted 5/13/08; Ordinance 2020-35, prop. C, adopted 11/10/20)
All powers of the city and the determination of all matters
of policy shall be vested in the city council. Without limitation
of the foregoing, the council shall have power to:
(a)
Remove
from any office or position of employment in the city government any
officer, employee, or member of any board or commission, provided
that said officer, employee, or board member was appointed to the
position directly by the City Council.
(b)
Establish,
consolidate or abolish departments.
(c)
Adopt
the budget of the city.
(d)
Authorize
the issuance of bonds by a bond ordinance.
(e)
Inquire
into the conduct of any office, department or agency of the city and
make investigations as to municipal affairs.
(f)
Provide
for such additional boards and commissions, not otherwise provided
for in this charter, as may be deemed necessary, and appoint the members
of all such boards and commissions. 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.
(g)
Adopt
and modify the zoning plan and building codes of the city.
(h)
Adopt
and modify the map of the city.
(i)
Adopt,
modify and carry out plans proposed by the city planning and zoning
commission and city staff related to properties and improvements in
non-compliance with city ordinances within the city’s jurisdiction.
(j)
Adopt,
modify and carry out plans proposed by the city planning and zoning
commission for the replanning, improvement and redevelopment of any
area or district which may have been destroyed in whole or in part
by disaster.
(k)
Regulate,
license and fix the charges on [or] fare made by any person, firm
or corporation 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.
(l)
Provide
for the establishment and designation of the fire limits and prescribe
the kind and character of buildings or structures or improvements
to be erected therein, and provide for the erection of fireproof buildings
within said limits, and provide for the condemnation of dangerous
structures or buildings or dilapidated buildings, or buildings calculated
to increase the fire hazard and prescribe the manner of their removal
or destruction within said limits.
(m)
Approve
salary ranges for city officers and employees.
(n)
Provide
for a sanitary sewer and water system and require property owners,
when readily available, to make connections of such sewers with their
premises and to provide for fixing a lien against any property owner’s
premises who fails or refuses to make sanitary sewer connections and
to charge the cost against said owner and make it a personal liability.
To provide for fixing penalties for a failure to make sanitary sewer
connections.
(o)
Provide
for sanitary garbage disposal and set fees and charges therefor, and
provide penalties for failure to pay such fees and charges.
(p)
The City
of Liberty shall have the power to lay out, establish, open, alter,
widen, lower, extend, grade, abandon, discontinue, abolish, close,
sell, convey, care for, pave, supervise, maintain and improve streets,
alleys, sidewalks, parks, squares, public places and bridges; and
regulate the use thereof and require the removal from streets, sidewalks,
alleys and other public property or places of all obstructions and
encroachments of every nature or character thereon.
(q)
The city shall have exclusive dominion, control and jurisdiction in, upon, and over and under the public streets, avenues, alleys, highways, and public ways of the city, and may provide for the improvement thereof by paving, repaving, raising, draining, or otherwise. The provisions, without limitations, of Chapter 106, page 489, Fortieth Legislature, First Called Session, Acts 1927, and/or the provisions, without limitations, of Chapter 14 of the Acts of the Thirty-First Legislature, Second Called Session, page 402, known as the Street Improvement Law, enacted in 1909, together with all amendments now existing or hereafter enacted, are expressly adopted. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys, highways and public ways of the city shall also include, but not be limited to, the power to regulate, locate, relocate, remove, or prohibit the location of all utility pipes, conduits, lines, poles, wires or other property of any public utility.
(r)
Require
the filling up, drainage, and regulating of any lot or lots, grounds,
yards, or any other places in the city which shall be unwholesome,
or have stagnant water therein, or from any other cause be in such
condition as to be liable to produce disease; to cause all premises
to be inspected and to impose fines on the owners of houses under
which stagnant water may be found, or upon whose premises such stagnant
water may be found, and to pass such ordinances as they may deem necessary
for the purposes aforesaid and for making, filling up, altering or
repairing of all sinks, and privies, and directing the mode and material
for constructing them in the future, and for cleaning and disinfecting
the same; and for cleansing of any house, building, establishment,
lot, yard or ground from filth, carrion or other impure or unwholesome
matter of any kind; to require the owner of any lot or lots within
the City of Liberty to keep the same free from weeds, rubbish, brush
and any and all other objectionable, unsightly or unsanitary matter
of whatever nature, and if such owner fails or refuses to do so, then
the city may, in accordance with Texas state law, do such work or
may cause the same to be done and may pay therefor and charge the
expenses incurred in doing or having such work done or improvements
made, to the owner of such property as herein provided; and to punish
any owner or occupant violating the provisions of any ordinance so
passed, as aforesaid; and the city council shall also, in addition
to the foregoing remedy, have the power to cause any of the improvements
above mentioned to be done at the expense of the city, on account
of the owners, and cause the expense thereof to be assessed on the
real estate, or lot or lots upon which such expense is incurred. On
filing with the county clerk of Liberty County, Texas, a statement
by the mayor or city code enforcement officer of such expenses, the
city shall have a privileged lien thereon, second only to tax liens
and liens for street improvements to secure the expenditures so made,
and ten (10) percent interest on the amount from the date of such
payment. For any such expenditures, and interest, as aforesaid, suit
may be instituted and recovery and foreclosure had in the name of
the City of Liberty; and the statement so made, as aforesaid, or a
certified copy thereof, shall be prima facie proof of the amount expended
in any such work or improvements.
(s)
Define
all nuisances and prohibit the same within the city; to police all
parks or grounds, speedways, or boulevards owned by the city and lying
outside of the city, to prohibit the pollution of any stream, drain
or tributaries thereof, which may constitute the source of water supply
of the city and to provide for policing the same as well as to provide
for the protection of any watersheds and the policing of same; to
inspect dairies, slaughter pens and slaughterhouses inside or outside
the city limits, from which meat or milk is furnished to the inhabitants
of the city.
(t)
Compromise
and settle any and all claims and law suits of every kind and character
in favor of or against the City of Liberty.
(Ordinance 910, sec. 1, adopted 5/11/99; Ordinance 2010-15 adopted 6/8/10; Ordinance
2020-35, props. D–K, adopted 11/10/20)
Neither the city council nor any of its members shall direct
the appointment of any person to office by the city manager or by
any of his subordinates. Except for the purpose of inquiry, the city
council and its members shall deal with the administrative services
solely through the city manager and neither the city council nor any
member thereof shall give orders to any subordinate of the city manager,
either publicly or privately.
(Ordinance 910, sec. 1, adopted 5/11/99)
The city council shall hold at least one (1) regular meeting
in each month at a time to be fixed by ordinance, and may hold as
many additional meetings during the month as may be necessary for
the transaction of the business of the city and its citizens. The
mayor, city manager, or any two (2) members of the city council may
call special meetings of the city council at any time. All meetings
shall be held upon such notice given pursuant to and shall be conducted
in compliance with the Texas Open Meetings Act, now or hereafter amended.
The city council will from time to time at discretion of the city
council establish policies approved by majority vote for calling meetings
and setting agendas of the city council.
(Ordinance 910, sec. 1, adopted 5/11/99; Ordinance 2010-15 adopted 6/8/10; Ordinance
2020-35, prop. L, adopted 11/10/20)
The city council shall determine its own rules of procedure
and shall compel the attendance of its members. A simple majority
of the qualified members of the city council shall constitute a quorum
to do business and the affirmative vote of the majority of those present
shall be necessary to adopt any ordinance or resolution. Minutes of
the proceedings of all meetings of the city council shall be kept,
to which any citizen may have access at all reasonable times, and
which shall constitute one (1) of the archives of the city. The vote
upon the passage of all ordinances and resolutions shall be taken
by the “ayes” and “nays” and entered upon
the minutes, and every ordinance or resolution upon its final passage,
shall be recorded and shall be authenticated by the signature of the
presiding officer and the person performing the duties of the city
secretary. It shall not be necessary to copy ordinances in the minutes,
but only the number and caption of all ordinances passed shall be
copied in the minutes.
(Ordinance 910, sec. 1, adopted 5/11/99; Ordinance 2008-05, sec. 1, adopted 5/13/08; Ordinance 2020-35, prop. M, adopted 11/10/20)
Ordinances and resolutions shall be introduced in the city council
only in written or printed form. Ordinances making appropriations
shall be confined to the subject of appropriations. The enacting clause
of all ordinances shall be: “Be it ordained by the council of
the City of Liberty, Texas.” All ordinances which levy a fine
or penalty shall be published in full in two (2) successive issues
of the official newspaper of the City of Liberty, or a descriptive
caption or title stating in summary the general purpose of the ordinance
and the penalty for violation thereof shall be published in two (2)
successive issues of the official newspaper of the City of Liberty
before the same shall become effective.
(Ordinance 910, sec. 1, adopted 5/11/99; Ordinance 2020-35, prop. N, adopted 11/10/20)
The city manager and the city secretary and such other city
officers and employees as the city council shall require, before entering
upon the duties of their office, [shall] enter into a good and sufficient
fidelity bond in a sum to be determined by the city council, payable
to the City of Liberty and conditioned upon the faithful discharge
of the duties of such person, and upon the faithful accounting for
all monies, credits, and things of value coming into the hands of
such persons, and such bonds shall be signed as surety by some company
authorized to do business under the laws of the State of Texas, and
the premium on such bonds shall be paid by the City of Liberty, and
such bonds must be acceptable to the city council.
(Ordinance 910, sec. 1, adopted 5/11/99; Ordinance 2008-05, sec. 1, adopted 5/13/08)
The city council shall have the powers to inquire into the conduct
of any office, department, agency, officer or employee of the city
and to make investigation as to municipal affairs, and for that purpose
may subpoena witnesses, administer oaths and compel the production
of books, papers, and other 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 in an amount not less than one dollar ($1.00).
(Ordinance 910, sec. 1, adopted 5/11/99)
The city council shall cause a continuous audit to be made of
the books and accounts of each and every department of the city. At
the close of each fiscal year a complete audit shall be made by a
certified public accountant, who shall be selected by the city council,
and all audit reports shall be filed with the city council, shall
be available for public inspection, and shall be made a part of the
archives of the city within a reasonable time. Such accounts [accountants]
so selected shall not maintain or keep any of the city’s accounts
or records.
The City Manager shall be responsible for providing accurate
accounting reports compiled by acceptable accounting principles each
month of the fiscal year for review by the city council and all such
financial reports shall be filed timely with the city council, shall
be available for public inspection, and shall be made a part of the
archives of the city.
(Ordinance 910, sec. 1, adopted 5/11/99; Ordinance 2010-15 adopted 6/8/10)
