(1) 
The City Council shall be composed of a Mayor and six (6) Councilmembers elected under the place system, with there being Places 1, 2, 3, 4, 5 and 6. The Mayor and each of the six (6) Councilmembers shall be elected at large, and unless sooner removed 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 City Council holding office at the time of passage of this Charter or any amendments to this Charter shall continue to hold their respective offices until the respective term for which they were elected expires.
(2) 
There shall be held in the City on the third Saturday in May, 2004, and every three years thereafter, or on such other date or dates as may be prescribed by the laws of the State of Texas, a City election for City Council Places 1, 2, 4 and 6. There shall be held in the City on the first Saturday in May, 2005, and every three years thereafter, or on such other date or dates as may be prescribed by the laws of the State of Texas, a City election for the Mayor and City Council Places 3 and 5.
(3) 
A majority of the full membership of the City Council shall be four (4) City Council members.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
This Charter does not restrict or place limitations on the number of terms any one person may serve.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
In addition to any other qualifications prescribed by law, a candidate for Mayor and City Council shall meet the following qualifications:
(1) 
Shall be at least twenty-one (21) years of age at the time of the election for which they are filing;
(2) 
Shall be a qualified voter; and
(3) 
Shall have resided within the corporate limits of the City, or recently annexed territory, for at least twelve (12) months immediately preceding Election Day.
(4) 
No candidate for elective City office may file in a single election for more than one (1) office or position as provided by this Charter.
(5) 
No employee of the City shall continue in any City employee position after filing for an elective office provided for in this Charter.
(6) 
Candidates for elective City offices shall file for office in accordance with the Texas Election Code and comply with all other City ordinances or resolutions that may be applicable.
Unless otherwise provided, the term “qualified voter” in this Charter means a qualified voter in accordance with the Texas Election Code residing in the City.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
Compensation of the City Council shall be $75.00 per council meeting for which the Councilmember is present. The compensation of the Mayor shall be $100.0 per council meeting for which the Mayor is present. For council meetings which the Mayor Pro-Tem or other Councilmember acts as Mayor, that person shall receive $100.00. The City Council may also be entitled to reimbursement for actual expenses incurred in the performance of official duties when provided for in the annual City Budget and in accordance with the reimbursement policies adopted by the City.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
The Mayor shall attend and preside at meetings of the City 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 may participate in the discussion of all matters coming before the City Council and shall have a vote as a member thereof, on legislative or other matters, unless otherwise prohibited by law, and shall have no power to veto.
(2) 
The Mayor shall also represent the City in intergovernmental relationships, and shall perform other duties specified by the City Council, imposed by this Charter and by ordinances and resolutions passed in pursuance thereof. Additionally, the Mayor, the City Manager, or designee shall sign, after authorization by the City Council, all contracts and conveyances made or entered into by the City 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 may declare a local state of disaster and order the evacuation of all or part of the population from a stricken or threatened area.
(3) 
The Mayor Pro-Tem shall be a Councilmember elected to be the Mayor Pro-Tem by the City Council annually at the first meeting of June or as soon thereafter as practicable, but not later than the last business day of July. 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.
(4) 
The Deputy Mayor Pro-Tem shall be a Councilmember elected to be the Deputy Mayor Pro-Tem by the City Council annually at the first meeting June or as soon thereafter as practicable, but not later than the last business day of July. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and Mayor Pro-Tem, and in this capacity shall have the rights conferred upon the Mayor.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
The office of a Councilmember or the Mayor shall become vacant upon his or her death, resignation, incapacity, forfeiture of office, or removal from office, by any manner authorized by law.
(2) 
If any Member of the City Council is absent from three (3) consecutive regular meetings, without explanation acceptable to a majority of the remaining Councilmembers, his or her office may be declared vacant, by resolution, at the next regular meeting of the City Council. The City Council shall convene a public hearing before exercising its authority under this provision, and permit the Councilmember facing expulsion to be heard regarding absences.
(3) 
Any person on the City Council who:
(A) 
ceases to possess the required qualifications for office as set forth in Section 3.03 of this Charter, or
(B) 
ceases to reside within the corporate limits or recently annexed territory of the City, or
(C) 
is convicted of a felony, or of a misdemeanor involving moral turpitude, or
(D) 
is convicted of violating any state laws regulating conflicts of interest of municipal officers, or
(E) 
is in violation of any part of Article 14 of this Charter,
shall forfeit his or her office. Every forfeiture shall be declared and enforced by the City Council. The City Council shall convene a public hearing before exercising its authority under this provision, and permit the Councilmember to be heard regarding forfeiture of office.
(4) 
If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code.
(5) 
A vacancy in the office of a Councilmember, where the remaining unexpired term of the office is twelve (12) months or less, shall be filled by appointment by majority vote of the remaining members of the City Council by a person meeting the qualifications of the Charter to serve the remainder of the unexpired term. When the remaining unexpired term of the office is more than twelve (12) months, the vacancy shall be filled by special election within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. When there are two (2) or more vacancies at any one time, the vacancies shall be filled by special election within one hundred twenty (120) days after such vacancies occur, in accordance with the Texas Constitution and the Texas Election Code. If the vacated office is that of Mayor Pro-Tem or Deputy Mayor Pro-Tem, the City Council shall elect a new Mayor Pro-Tem or Deputy Mayor Pro-Tem at the next regular meeting.
(6) 
Vacancies filled by special election shall be for the remainder of the term that was vacated.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
All powers of the City and the determination of all matters of policy shall be vested in the City Council (which is composed of the Mayor and six (6) Councilmembers). 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 Constitution and laws of the United States and the State of Texas. Without limitation of the foregoing and among the other powers that may be exercised by the City Council, the following are hereby enumerated for greater certainty:
(1) 
Appoint and remove the City Manager;
(2) 
Appoint and remove the Municipal Judge(s) of the Municipal Court;
(3) 
Appoint and remove the City Attorney;
(4) 
Appoint and remove the City Secretary;
(5) 
Adopt the budget of the City;
(6) 
Collectively investigate into the conduct of any office, department or agency of the City and make investigations as to municipal affairs;
(7) 
Provide for a Planning and Zoning Commission, 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 City ordinance or by law;
(8) 
Adopt and modify the official map of the City;
(9) 
Adopt, modify and carry out plans in conjunction with the Planning and Zoning Commission for the planning, improvement and redevelopment of specific areas of the City;
(10) 
Adopt, modify and carry out plans in conjunction with the Planning and Zoning Commission for the planning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or 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 on the public streets and alleys of the City;
(12) 
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 dilapidated buildings, dangerous structures, dangerous buildings or buildings determined to increase the risk of fire hazard, and provide for the manner of their removal or destruction;
(13) 
Fix and regulate rates and charges of all utilities and public services provided by the City;
(14) 
Approve plats, unless the City Council votes to vest this authority exclusively in the Planning and Zoning Commission; and
(15) 
Individually ask questions of the City Manager regarding City business. Individually ask questions of the department heads regarding items on the posted agenda. Any and all other inquiries to department heads or staff shall follow the City’s Governance Policy.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
Except where authorized by law or by this Charter, no Mayor or Councilmember shall hold any other City office or City employment during his or her term as Mayor or Councilmember. No former Mayor or Councilmember shall hold any compensated appointive office or City employment until one (1) year after the expiration of the term for which they were elected to the City Council.
(2) 
Members of the City Council shall not in any way dictate the appointment, removal, or discipline of the City administrative officers or employees appointed by the City Manager or any of the City Manager’s subordinates.
(3) 
Except for the purpose of inquiries and investigations as provided by this Charter and in accordance with the City’s Governance Policy, the City Council shall interact with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager. The City Council shall not give orders to any such officer or employee, either publicly or privately, except as otherwise provided in this Charter.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
The City Council shall meet regularly at such dates and times as may be prescribed by ordinance or resolution, but not less frequently than once each calendar month to transact the business of the City.
(2) 
Special meetings of the City Council shall be called by the City Secretary upon request of the Mayor, City Manager or three (3) Councilmembers. Special meetings shall be held and notice given in accordance with state law.
(3) 
Except as provided by state law, all City Council meetings shall be open to the public and shall be held and notice given in accordance with state law.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
Four (4) members of the City Council shall constitute a quorum for the purpose of transaction of business. No action of the City Council, except as specifically provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of a majority of the City Council present and qualified to act.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
Should any person on the City Council have a conflict of interest, pursuant to any state laws and/or City ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the City Council, he or she shall disclose such interest to the other members of the City Council, and he or she is thereby prohibited from discussing or voting on the item, and shall not be considered as present and voting for the purposes of the tally. Councilmembers who have a conflict of interest are considered present for purposes of constituting a quorum.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
Should any person on the City Council choose to abstain from voting on any agenda item before the City Council, where no conflict of interest exists, as identified in Section 3.11, the person’s vote shall be deemed and recorded as a negative vote.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
The City Council shall determine by ordinance, resolution, or otherwise, its own rules of order and business. The City Council shall provide that members of the public shall have a reasonable opportunity to clearly be heard at public hearings with regard to specific matters under consideration. In addition, the Council will provide reasonable opportunity for public comments concerning items not on the agenda. The City 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 City Secretary.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
The City Council shall legislate by ordinance only, and the enacting clause of every ordinance shall read “Be it ordained by the City Council of the City of Murphy, Texas . . . .” Each proposed ordinance shall be introduced in the written or printed form required for adoption. Each and every 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 to the City Council. Copies of the proposed ordinance, in the form required for adoption, shall be available at the City offices and shall be furnished to the public upon request to the City Secretary from and after the date on which such proposed ordinance is posted as an agenda item for a City Council meeting and, if amended, shall be available and furnished in amended form for as long as the proposed ordinance is before the City Council.
(2) 
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 penal ordinance imposing any penalty, fine or forfeiture shall become effective only after having the descriptive title or caption of the same published at least one time after final passage in a newspaper designated as the official newspaper of the City.
(3) 
If a majority of the City Council present at a council meeting request that the ordinance title and caption or its entirety be read, it must be read.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
(1) 
All ordinances and resolutions adopted by the City Council shall be authenticated by seal and signature of the person performing the duties of the City Secretary and numbered consecutively as adopted. They shall be properly indexed and placed in a book kept open for public inspection.
(2) 
The City Council may maintain the codification of ordinances of the City. This codification shall be known and cited as “The Murphy City 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 City may be omitted without affecting the validity of such ordinances when codified. Every 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 City at large. Copies of the code shall be furnished to City Officers, placed in City offices and made available for purchase by the public at a reasonable price to be determined by the City Council, not to exceed the costs permitted by state law.
(3) 
The City Council shall cause all ordinances and amendments to this Charter to be printed promptly following their adoption. A copy of each ordinance and Charter amendment shall be placed in appropriate City offices for public reference. Printed ordinances and Charter amendments shall be sold to the public at a reasonable price to be determined by the City Council, not to exceed the costs permitted by state law.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
The City Council, by an affirmative vote of at least four (4) members of the City Council, shall have the power to collectively investigate into the official conduct of any department, agency, office, officer, Councilmember or employee of the City and to make, direct or supervise investigation(s) as to municipal affairs, and for that purpose, the City Council collectively shall have the power to administer oaths, subpoena witnesses and compel the production of books, papers or other evidence material to the investigation. The City Council shall provide by ordinance the penalties for contempt for failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence, and shall have the power to punish any such contempt in the manner provided by the ordinance. The Council may produce its findings publicly.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)
The City Council may require bonds of all municipal officers and employees who receive or pay out any monies of the City. The amount of the bonds may be determined by the City Council and the cost shall be borne by the City.
(Ordinance 10-11-861, ex. B, adopted 11/15/10; Ordinance 16-11-1026, ex. B, adopted 11/17/16; Ordinance 22-11-1290, ex. B, adopted 11/17/2022)