The “Town Council” or “Council” shall be composed of a “Mayor” and six (6) “Council Members” elected under the Place System, with there being Places 1, 2, 3, 4, 5, and 6. The Mayor and each of the six (6) Council Members shall be elected at large, and unless removed sooner under the provisions of this Charter, shall serve for a term of three (3) years, and until their successor has been elected and duly qualified. All of the Town Council holding office at the time of passage of this Charter shall continue to hold their respective office until the respective term for which they were elected expires. Places 2 and 4 shall be elected at an election held on the May uniform election date in 2021, and then every three (3) years thereafter. Places 3 and 5 shall be elected at an election held on the May uniform election date in 2022, and then every three (3) years thereafter. Places 1, 6, and the Mayor shall be elected at an election held on the May uniform election date in 2023, and then every three (3) years thereafter.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
This Charter does not restrict or place limitations on the number of terms any one person may serve.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
In addition to any other qualifications prescribed by law, the Mayor and each Council Member shall meet the qualifications set forth in Article V of this Charter while in office.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
Members of the Town Council shall be entitled to reimbursement for actual expenses incurred in the performance of official duties in accordance with an expense reimbursement policy adopted by the Town Council.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
The Mayor shall attend and preside at meetings of the Town Council. The Mayor shall participate in the discussion of all matters coming before the Town Council and shall have a vote on all matters before the Town Council unless otherwise prohibited by law. The Mayor shall also represent the Town in intergovernmental relationships, present or cause to be presented an annual state of the Town message, and perform other duties specified by the Town Council and/or imposed by this Charter and by ordinances and resolutions passed in pursuance thereof. Additionally, the Mayor or designee shall sign, after authorization by the Town Council, all contracts and conveyances made or entered into by the Town and all bonds, warrants and any other obligation issued under the provisions of this Charter, in the manner prescribed in the ordinance or resolution authorizing the signing of any such obligation. The Mayor shall be recognized as head of the Town government for all ceremonial purposes, and by the Governor for purposes of military law, but shall have no regular administrative duties and no legislative veto powers.
(B) 
The Mayor Pro-Tem shall be a Council Member elected to be the Mayor Pro-Tem by the Town Council at the first regular meeting after each election and appointment of Council Members and/or Mayor. The Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and in this capacity shall have the rights conferred upon the Mayor.
(C) 
The Deputy Mayor Pro-Tem shall be a Council Member elected to be the Deputy Mayor Pro-Tem by the Town Council at the first regular meeting after each election and appointment of Council Members and/or Mayor. The position of Deputy Mayor Pro-Tem shall only become active upon the disability or absence of the Mayor or Mayor Pro-tem. The Deputy Mayor Pro-Tem shall act as Mayor only upon the disability or absence of the Mayor and Mayor Pro-Tem. Upon the disability or absence of the Mayor Pro-Tem, the Deputy Mayor Pro-Tem shall act as Mayor Pro-Tem.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
The office of a Council Member or the Mayor shall become vacant upon his or her death, resignation, incapacity, forfeiture of, or removal from office by any manner authorized by law.
(B) 
If any member of the Town Council is absent from three (3) consecutive regular meetings, without explanation acceptable to either the Mayor or a majority of the remaining members of the Town Council , his or her office shall be deemed and declared vacant by resolution at the next regular meeting of the Town Council. The Town Council shall convene a public hearing before exercising its authority under this provision, and permit the Council member to be heard regarding absences.
(C) 
Any member on the Town Council who ceases to possess the required qualifications for office or who is convicted of a felony or of a misdemeanor involving moral turpitude or is convicted of violating any state laws regulating conflicts of interest of municipal officers shall forfeit his or her office and every forfeiture shall be declared and enforced by the Town Council. The Town Council shall convene a public hearing before exercising its authority under this provision, and permit the Council member to be heard regarding forfeiture of office.
(D) 
If the Town Council declares a vacancy in the office of Mayor, the Mayor Pro-Tem shall continue as Mayor Pro-Tem and assume the duties of the office of Mayor until the next election. An election for the Mayor shall be conducted at the next regular Town election.
(E) 
Within thirty (30) days of a declared Council vacancy, excluding the office of Mayor, the remaining members of the Council shall, by majority action, appoint a qualified person to fill that vacancy for the remainder of that term, or until the next regular Town election, whichever occurs first. Any person appointed to a vacancy which occurs in the first year of a three-year term, shall have to stand for election at the next regular Town election to serve out the one-year remaining on that term.
(F) 
If a vacated position is that of Mayor Pro-Tem, the Deputy Mayor Pro-Tem shall become Mayor Pro-tem and the Town Council shall elect a new Deputy Mayor Pro-Tem at the next regular council meeting following the declared vacancy.
(G) 
Notwithstanding the requirement that a quorum of the Town Council consists of a majority of the full membership of the Council, if, at any time, the membership of the Town Council is reduced to less than a majority, the remaining members shall, by majority action, appoint additional members to raise the membership sufficient to constitute a quorum. These appointees shall serve until the positions can be filled at the next regular Town election. All vacancies filled by election shall be for the remainder of the unexpired term(s) of the office so filled.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
All powers of the Town and the determination of all matters of policy shall be vested in the Town Council. Except where in conflict with and otherwise expressly provided by this Charter, the Town Council shall have all powers authorized to be exercised by the Constitution and laws of the United States and the State of Texas and the 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 Town Council, the following are hereby enumerated for greater certainty:
(A) 
Appoint and remove the Town Manager;
(B) 
Appoint and remove the Town Secretary;
(C) 
Appoint and remove the Municipal Judge(s) of the Municipal court;
(D) 
Appoint and remove the Town Attorney;
(E) 
Designate items to appear on a future agenda of a Town Council meeting for discussion and/or consideration and action consistent with policy set by the Council by resolution;
(F) 
Establish administrative departments;
(G) 
Adopt the budget of the Town;
(H) 
Collectively inquire into the conduct of any office, department or agency of the Town and make investigations as to municipal affairs. This provision is subject to section 3.08(B) below;
(I) 
Provide for a Planning & Zoning Commission and a Board of Adjustment and other boards as 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 Town ordinance or by law;
(J) 
Adopt and modify the official map of the Town;
(K) 
Adopt, modify and carry out plans in conjunction with the Planning & Zoning Commission for the planning, improvement and redevelopment of specific areas of the Town;
(L) 
Adopt, modify and carry out plans in conjunction with the Planning & Zoning Commission for the planning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or part by disaster;
(M) 
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 on the public streets and alleys of the Town;
(N) 
Provide for the establishment and designation of fire safety codes and prescribe the kind and character of buildings or structures or improvements to be erected therein; provide for the erection of fireproof buildings within certain limits; and provide for the condemnation of dangerous structures, or buildings, or dilapidated buildings, or buildings calculated to increase the fire hazard, and the manner of their removal or destruction;
(O) 
Fix and regulate rates and charges of all utilities and public services;
(P) 
Adopt plats, unless the Town Council votes to give this authority to the Planning & Zoning Commission or Town staff.
(Q) 
Individually make inquiries of the Town Manager regarding items and issues before the Council in preparation for council meetings.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
Except where authorized by law or by this Charter, no Mayor or Council Member shall hold any other Town office or Town employment during his or her term as Mayor or Council Member. No former Mayor or Council Member shall hold any compensated appointive office or employment with the Town of Providence Village until one (1) year after the expiration of the term for which they were elected or appointed to the Town Council.
(B) 
Members of the Town Council shall not in any way dictate the appointment or removal of the Town administrative officers or employees whom the Town Manager or any of the Town Manager’s subordinates are empowered to appoint. The Town Council, at a meeting called for that purpose, may express its views and fully and freely discuss with the Town Manager anything pertaining to appointment and removal of such officers and employees.
(C) 
Except for the purpose of inquiries and investigations as provided by this Charter, the Town Council shall deal with Town officers and employees who are subject to the direction and supervision of the Town Manager solely through the Town Manager. The Town Council shall not give orders to any such officer or employee either publicly or privately except as otherwise provided in this Charter.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
As soon as practicable after each Town Council election and in accordance with state law, the council shall meet at the Town hall and the newly-elected members shall assume the duties of office. Thereafter, the Council shall meet regularly at Town hall at such times as may be prescribed by ordinance, but not less frequently than once each calendar month. Special called meetings may be held from time to time at Town hall or other locations accessible to the public.
(B) 
Special meetings shall be called by the Town Secretary upon request of the Mayor, Town Manager, or by three or more Council Members.
(C) 
The Town Manager shall attend all meetings of the Council and may take part in the discussion of all matters coming before the Council but shall have no vote.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
Four (4) members of the Town Council shall constitute a quorum for the purpose of transaction of business. No action of the Town Council, except as specifically provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of a majority of the Town Council present and qualified to act.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
Should any person on the Town Council have a conflict of interest, pursuant to any state laws and/or the Town Charter and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Town Council, he or she shall openly declare same before discussion proceeds, file any required affidavit, and he or she shall thereby be prohibited from discussing the item and voting on the question, and shall not be considered as present and qualified to act for the purposes of the tally. Any members of the Town Council who have a conflict of interest are considered present for purposes of constituting a quorum.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
Should any person on the Town Council choose to abstain from voting on any question before the Town Council, where no conflict of interest exists, the person’s vote shall be recorded as a negative vote in the official minutes of the meeting.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The Town Council shall determine by ordinance, resolution or otherwise, its own rules of order and business. The Town Council shall provide that members of the public shall have a reasonable opportunity to be heard at public hearings with regard to specific matters under consideration. The Town Council shall provide for minutes to be taken and recorded for all public meetings as required by law. Such minutes shall be a public record and shall be kept and maintained by the person performing the duties of the Town Secretary.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
The Town Council shall legislate by ordinance only, and the enacting clause of every ordinance shall be “Be it ordained by the Town Council of the Town of Providence Village, Texas ...”. Each proposed ordinance shall be introduced in the written or printed form required for adoption. Each ordinance shall contain a title or caption that identifies the subject(s) addressed in the ordinance. General appropriation ordinances may contain various subjects and accounts for which monies are to be appropriated. After adoption, an ordinance shall not be amended or repealed except by the adoption of another ordinance amending or repealing the original ordinance. Copies of any proposed ordinance, in the form required for adoption, shall be furnished timely to the Town Council. Copies of the proposed ordinance, in the form required for adoption, shall be available at the Town offices and shall be furnished to the public upon request to the Town Secretary from and after the date on which such proposed ordinance is posted as an agenda item for a Town Council meeting and, if amended, shall be available and furnished in amended form for as long as the proposed ordinance is before the Town Council.
(B) 
Unless otherwise required by law, 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 having been published once in summary form after adoption, in a newspaper designated as the official newspaper of the Town.
(C) 
If a majority of the Town Council present request that the ordinance title and caption or its entirety be read, it must be read.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
The Town Council may adopt emergency ordinances only to meet public emergencies affecting life, health, property or the public peace. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise, or regulate the rate charged by any public utility for its services. Neither shall they authorize the borrowing of money except as provided elsewhere in this Charter.
(B) 
An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that they shall be plainly designated in the title as an emergency ordinance and shall contain after the enacting clause a declaration stating that an emergency exists and describing the emergency in clear and specific terms.
(C) 
An emergency ordinance may be introduced at any Town Council meeting and can be adopted with or without amendment or rejected at the meeting at which it is introduced. The majority vote of members of the Town Council shall be required for adoption.
(D) 
Emergency ordinances shall become effective upon adoption and shall be published as soon thereafter as practicable. Every emergency ordinance so adopted, except one authorizing the borrowing of money as described herein, is automatically repealed as of the sixty-first (61st) day following the day on which it became effective. The ordinance may be re-enacted if the emergency still exists.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
All ordinances and resolutions adopted by the Town Council shall be authenticated by signature of the person performing the duties of the Town Secretary and numbered consecutively as adopted. They shall be properly indexed and placed in a book kept open for public inspection.
(B) 
The Town Council may codify the ordinances of the Town. If adopted, the codification shall be known and cited as “The Providence Village Town Code” or “code” and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the Town may be omitted without affecting the validity of such ordinances when codified. Every codified general ordinance enacted subsequent to such codification shall be enacted as an amendment to the code. For the purpose of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature, which affect the residents of the Town at large. Copies of the code shall be furnished to Town Officers, placed in Town offices and made available for purchase by the public.
(C) 
The Town Council shall cause all ordinances and amendments to this Charter to be printed promptly following their adoption. A copy of each ordinance and amendment shall be placed in appropriate Town offices for public reference.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The Town Council shall have the power to collectively inquire into the official conduct of any department, agency, office, officer or employee of the Town and to make investigations as to municipal affairs, and for that purpose, the Town Council may administer oaths, subpoena witnesses and compel the production of books, papers or other material. The Town Council shall provide, by ordinance, penalties for contempt for failing or refusing to obey any such subpoena or to produce any such books, papers, or other material, and shall have the power to punish any such contempt in the manner provided by the ordinance.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)