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.
(d) 
The mayor and each councilman shall hold office for a period of two (2) years and until his successor shall be elected and qualified. All elections shall be held in the manner provided in Article 5 of this charter.
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, 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)