All powers and authority, including determination of all matters
of policy, which are expressly or by implication conferred on or possessed
by the City, shall be vested in and exercised by the Council; provided,
however, that the Council shall have no authority to exercise those
powers which are expressly conferred upon other City officers by this
Charter.
The members of all boards created by this Charter or by the
Council, including, but not limited to, the Board of Adjustment and
Planning and Zoning Commission, shall be appointed by the Council.
The Council shall have the power to inquire into or investigate
the official conduct of any department agency, officer or employee
of the City and for that purpose shall have the power to administer
oaths, subpoena witnesses, compel the production of books, papers,
records or other evidence, and as it shall provide by ordinance, to
punish and fix penalties for contempt for failure or refusal to obey
any such subpoena or to produce any such books, papers, records or
other evidence.
The Council is authorized to select a depository, according
to state law, for the City funds.
The City Manager shall be the chief administrative officer and
the head of the administrative branch of the City. Except for the
purpose of inquiry or investigation, the Council and its members shall
deal with the administrative departments and personnel solely through
the City Manager, and no member of the Council shall give orders to
any subordinate of the City Manager, either publicly or privately.
In addition to the elected officers, the other officers of the
City shall be the City Manager, City Secretary, City Attorney, and
such other officers as the Council may from time to time direct. The
Council may abolish or consolidate such offices and positions as it
may deem to be in the best interest of the City and may divide the
administration of such offices or positions as it may deem advisable,
create new offices and positions and discontinue any office or position
at its discretion except the offices of City Manager, City Secretary
and City Attorney. Removal of officers appointed by the City council
shall be at the discretion of the Council, by vote of the majority
of the entire Council.
(a)
A state
of emergency shall be deemed to exist during periods of impending
or actual public crisis or disaster. A state of emergency may be declared
by the vote of the Council, or by order of the Mayor, or, in his absence
or disability, the Mayor Pro Tem, if a meeting of the Council cannot
be called within the time available, whenever conditions threaten
to render inadequate the normal procedures of the City for protection
of persons or property.
During a state of emergency, the Mayor, or, in his absence or
disability, the Mayor Pro Tem shall have all the powers which would
be vested in the Council by state law to the extent he considers reasonable
or necessary for the protection of persons or property.
(b)
The emergency
powers herein provided shall be exercised only to the extent made
necessary by the nature of the emergency and during the continuation
of the state of emergency.
All ordinances, resolutions, rules and regulations of the City
heretofore ordained, passed, adopted, or enacted, that are in force
at the time this Charter becomes effective, and which are not in conflict
with such Charter, shall remain in full force until altered, amended
or repealed by the Council after such Charter takes effect.
(a)
The Council
shall legislate by 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 Council shall be by ordinance which:
(1)
adopt
or amend an administrative code or establish, alter or abolish any
City board, department, office or agency;
(2)
provide
for a fine or other penalty or establish a rule or regulation for
violation of which a fine or other penalty is imposed;
(3)
levy taxes, except as otherwise provided in Sections 9.01 - 9.11 with respect to the property tax levied by adoption of the budget;
(4)
grant,
renew or extend a franchise;
(5)
regulate
the rate charged for services by a public utility;
(6)
authorize
the borrowing of money;
(7)
adopt,
with or without amendment, ordinances proposed under the initiative
power; and
(b)
Acts
other than those referred to in the preceding sentence may be done
either by ordinance, resolution or minute order.
(Amended by Ordinance 14-047 at
an election held on November 4, 2014, prop. 2)
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
except ordinances or resolutions making appropriations or authorizing
the contracting of indebtedness or issuance of bonds or other evidence
of indebtedness. The enacting clause of every ordinance shall be:
“Be it ordained by the City Council of the City of Red Oak,”
but the same shall be omitted when the ordinances of the City are
codified and published in a book or pamphlet form by the City. Any
ordinance which repeals or amends an existing ordinance or part of
the City code shall clearly set forth the provision or provisions
being repealed or amended and, if amended, shall further clearly set
forth the amendment being made.
(a)
Ordinances
and resolutions may be passed at any regular meeting or special meeting
called for that purpose provided notice has been given in accordance
with the Texas Open Meetings Act, Chapter 551, Government Code, Vernon’s
Texas Codes Annotated.
(b)
All ordinances
and resolutions, unless otherwise provided by state law, this chapter,
or the ordinance itself shall be final on the passage or adoption
by the required majority of the Council. Every ordinance, resolution
or motion shall require on final passage the affirmative vote of a
majority of the members present unless more is required by state law
or this charter.
(c)
The descriptive
caption or title of an ordinance that imposes a penalty, fine or forfeiture
and the penalty for violating the ordinance shall be published at
least once in the official newspaper of the City.
(d)
Unless the Mayor returns the ordinance or resolution pursuant to Section 3.14, an ordinance required to be published takes effect when the publication requirement is satisfied, unless the ordinance provides otherwise, and an ordinance that is not required to be published takes effect when adopted unless the ordinance provides otherwise.
(e)
All ordinances
and resolutions may be admitted and received in all courts, subject
to the rules of evidence and laws of jurisdictions where proof of
such ordinances and resolutions are tendered, without further proof.
(a)
The Mayor
shall sign the ordinances and resolutions that are approved by the
City Council.
(c)
If the
Mayor returns an ordinance or resolution to the governing body with
a statement of objections before the fourth day after the date the
ordinance or resolution is adopted by the Council, Council may on
the return, reconsider the vote by which the ordinance or resolution
was adopted. If a majority of the total number of members of the Council,
excluding the Mayor, approve the ordinance or resolution on reconsideration
and enter the votes in the journal of the Council proceedings, the
ordinance or resolution shall immediately take effect after the passage.
(Amended by Ordinance 14-047 at
an election held on November 4, 2014, prop. 1)
The City Manager, as soon as practical after the adoption of
this Charter, may cause to be codified and properly entered and published
for public distribution or for anyone desiring same, the ordinances
of the City, which codification may be revised and updated annually.
