City of Plainview, TX CITY COUNCIL

Composition. There shall be a city council composed of the mayor and seven (7) members. One council member shall be elected by the voters in each of seven (7) council districts. The mayor shall be elected at-large.

Eligibility. Only those citizens who are eligible to become registered voters of the City shall be eligible to hold the office of councilmember or mayor. Councilmembers and the mayor shall have resided within the City for one year; Councilmembers shall have resided within the district from which said councilmember is to be elected for at least six (6) months; and not have served more than two (2) consecutive full terms, immediately preceding the year in which elective office is sought. In the event a boundary change, caused by redistricting of the boundaries within the city limits, results in a potential councilmember failing to reside in the district for the required six months, he/she will be allowed to run for election in the current district in which he/she resides, provided all other eligibility requirements are met. Additionally, should a boundary change result in an incumbent councilmember failing to reside in the district from which he/she was elected, he/she shall serve the remainder of the term for the district from which he/she was elected. At the next regular election, he/she will required to run for election from the newly determined district, if they wish to continue to serve on the city council.

Election and Terms of Councilmembers. The regular election of Councilmembers shall be held on the first uniform election date in May in each even-numbered year in the manner provided by law. At the first regular election under this charter, in 1996, Councilmembers from council districts five, six and seven shall be elected, and shall serve for terms of four (4) years. At the second regular election under this charter, in 1998, Councilmembers from council districts one, two, three and four shall be elected, and shall serve for terms of four (4) years. Thereafter, all Councilmembers shall serve for terms of four (4) years.

§ 2.03 Mayor.

The regular election of mayor shall be held at the second regular election under this charter, in 1998, and shall be at-large. The mayor shall serve for a term of two (2) years. Effective with the 2000 elections the mayor, thereafter, shall serve for a term of four (4) years; and not have served more than two (2) consecutive full terms immediately preceding the year in which elective office is sought.

The mayor shall be a member of the city council, shall have the power to vote and shall preside at meetings of the council, represent the city in intergovernmental relationships, present an annual state of the city message, and perform other duties specified by the council. The mayor 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 administrative duties. The council shall, at the first regular meeting following the regular scheduled election for council, elect from among its members a mayor-pro tempore who shall act as mayor during the absence or disability of the mayor and, if a vacancy occurs, shall become mayor until a new mayor is elected.

§ 2.04 Compensation; Expenses.

The mayor and city council may determine the annual salary of the mayor and Councilmembers by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of Councilmembers elected at the next regular election. The mayor and Councilmembers shall receive their actual and necessary expenses incurred in the performance of their duties of office.

§ 2.05 Prohibitions.

Holding Other Office. Neither the Mayor or councilmember shall hold any other city office or employment during the term for which the member was elected to the council. No former mayor or councilmember shall hold any compensated appointive office or employment with the City until one year after the expiration of the term for which the member was elected to the council. Nothing in this section shall be construed to prohibit the council from selecting any current or former mayor or councilmember to represent the city on the governing board of any regional or other intergovernmental agency.

Appointments and Removals. Neither the mayor or city council members shall in any manner control or demand the appointment or removal of any administrative officer or employee whom the city manager or any subordinate of the city manager is empowered to appoint, but the council may express its views and fully and freely discuss with the city manager anything pertaining to appointment and removal of such officers and employees.

Interference with Administration. Except for the purpose of inquiries and investigations under § 2.09, the mayor and Councilmembers shall deal with the City officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the mayor or councilmembers shall give orders to any such officer or employee, either publicly or privately.

§ 2.06 Vacancies; Forfeiture of Office; Filling of Vacancies.

Vacancies. The office of mayor or councilmember shall become vacant upon the member’s death, resignation, removal from office or forfeiture of office in any manner authorized by law.

Forfeiture of Office. A councilmember, including the mayor, shall forfeit that office if the councilmember during the term of office for which elected:

(1)

lacks at any time any qualification for the office prescribed by this charter or by law.

(2)

violates any express prohibition of this charter.

(3)

is convicted of a crime involving moral turpitude; A moral turpitude is defined as an act of baseness, vileness or depravity in the private and social duties which human beings owe their fellow human beings or to society in general, contrary to the accepted and customary rule of right and duty between human beings.

(4)

fails to attend three consecutive regular meetings of the council without being excused by the council.

The above list is not to be construed as being all-inclusive.

Filling Vacancies. A vacancy in the City Council, including the Mayor, shall not be filled by appointment, but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred twenty (120) days after such vacancy occurs. Vacancies filled by special elections shall be for the remainder of the term.

§ 2.07 Judge of Qualifications.

The mayor and city council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. The mayor and council shall have the power to set additional standards of conduct for its members, by ordinance, beyond those specified in the charter and may provide for such penalties as it deems appropriate, including forfeiture of office. In order to exercise these powers, the council shall have the power to subpoena witnesses, administer oaths, and require production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Decisions made by the council under this section shall be subject to judicial review.

§ 2.08 City Secretary.

The city secretary shall give notice of council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned by this charter or by the council or by the city manager or by state law.

§ 2.09 Investigations.

The city council may make an investigation into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the council shall be a class C misdemeanor.

§ 2.10 Independent Audit.

The mayor and city council shall provide for an independent annual audit of all City accounts and may provide for more frequent audits as it deems necessary, such audits shall be made by a certified public accountant or firm in accordance with generally accepted governmental accounting principals [principles] and generally accepted governmental auditing standards of such accountants. The mayor and council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding five (5) years, but designation for any particular fiscal year shall be made no later than 30 days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section.

§ 2.11 Procedure.

Meetings. The mayor and council will meet regularly at least once in every month at such times and places as the council may prescribe by resolution. Special meetings may be held on the call of the mayor or of three (3) or more members. Except as allowed by state law, all meetings shall be public.

Rules and Journal. The city council will determine its own rules and order of business and shall provide for keeping a journal of its proceedings. This journal shall be a public record.

Voting. Voting, except on procedural motions, shall be by roll call and the ayes and nays shall be recorded in the journal. Five (5) members of the council shall constitute a quorum. No action of the council, except as otherwise provided in this charter or state law, shall be valid or binding unless adopted by a majority of those council members present and voting.

§ 2.12 Action Requiring an Ordinance.

In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city council shall be by ordinance which:

(1)

Adopt or amend an administrative code or establish, alter, or abolish any city department, office or agency.

(2)

Provide for a fine or other penalty or establish a rule of [or] regulation for violation of which a fine or other penalty is imposed.

(3)

Levy taxes.

(4)

Grant, renew, or extend a franchise.

(5)

Regulate the rate charged for its services by a public utility.

(6)

Authorize the borrowing of money.

(7)

Convey or lease or authorize the conveyance or lease of any lands of the city.

(8)

Regulate land use and development; and

(9)

Amend or repeal any ordinance previously adopted.

(10)

Set the rate for services, fees or licenses provided by the City.

Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution or by motion.

§ 2.13 Ordinances in General.

Form. Every proposed ordinance shall be introduced in writing and in the form required for final adoption. No ordinance shall contain more than one subject which shall be clearly expressed in its title. The enacting clause shall be, “The City of Plainview hereby ordains”. Any ordinance which repeals or amends an existing ordinance or part of the city code shall set out in full the ordinance, sections, or subsections to be repealed or amended, and shall indicate matters to be omitted by enclosing in brackets or by strike out type and shall indicate new matters by underscoring or by italics, or some other method.

Procedure. An ordinance may be introduced by any member at a regular or special meeting of the council. An ordinance can not be acted upon at the meeting it is introduced, unless an emergency exists. Upon introduction of any ordinance, the city secretary shall (1) distribute a copy to each councilmember and to the city manager (2) file a reasonable number of copies in the office of the city secretary and such other public places as the council may designate. The council may adopt the ordinance with or without amendment or reject it, but if it is amended as to any matter of substance, the council shall not adopt it until the ordinance or its amended section(s) have been subjected to all the procedures herein before required in the case of a newly introduced ordinance. As soon as practicable after adoption, the city secretary shall have the ordinance and a notice of its adoption published, if required by this charter, state law or the ordinance, and made available to the public at a reasonable price.

Effective Date. Except as otherwise provided in the ordinance, state law or this charter, every adopted ordinance shall become effective immediately after its adoption by the city council. All ordinances, resolutions, rules and regulations now in force in the City, and not in conflict herewith, shall remain in force under this Charter until altered, amended or repealed by the city council, after this charter shall take effect.

(d)

“Publish” Defined. As used in this section, the term “publish” means to print in one or more newspapers of general circulation in the city: (1) The ordinance or a brief summary thereof or a caption thereof, and (2) the places where copies of it have been filed and the times when they are available for public inspection and purchase at a reasonable price.

§ 2.14 Emergency Ordinances.

To meet a public emergency affecting life, health, property or the public peace, the city council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided in § 5.07(b). An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced pursuant to Section 2.11 of this Chapter [Charter], except that an affirmative vote of the greater of four (4) members or a majority of those present and voting shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to § 5.07(b) shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

§ 2.15 Code of Technical Regulations.

The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally except that:

(1)

The requirements of § 2.13 for distribution and filing of copies of the ordinance shall be construed to include copies of the code of technical regulations as well as of the adopting ordinance, and

(2)

A copy of each adopted code of technical regulations as well as of the adopting ordinance shall be authenticated and recorded by the city secretary pursuant to § 2.16(a).

Copies of any adopted code of technical regulations shall be made available by the city secretary for distribution or for purchase at actual cost to the City.

§ 2.16 Authentication and Recording; Codification; Printing.

Authentication and Recording. The city secretary shall authenticate by signing and shall record in full in a properly indexed book kept for the purpose, all ordinances and resolutions adopted by the city council.

Codification. Within three years after adoption of this charter and at least every five years thereafter, the city council shall provide for the preparation of a general codification of all city ordinances and resolutions having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be printed promptly in bound or loose leaf form, together with this charter and any amendments thereto, pertinent provisions of the constitution and other laws of the State of Texas, and such code of technical regulations and other rules and regulations as the council may specify. This compilation shall be known and cited officially as “The Code of the City of Plainview, Texas.” Copies of the code shall be furnished to city officers, placed in libraries and public offices for free public reference and made available for purchase by the public at actual cost to the City.