The City Council shall be composed of the Mayor and six (6) Council members (collectively “Members of the City Council” or “City Council” and individually as “Mayor” or “City Council member”). The Mayor and all City Council members shall be elected from the City at large and each City Council member shall occupy a position on the City Council, such positions being numbered 1 through 6 consecutively. The Mayor and City Council members shall be elected in the manner provided in Article 5 of this Charter to serve for three (3) year terms.
The Mayor and City Council members shall be limited to two consecutive
full terms in the same office. A person who has served two consecutive
full terms as a City Council member, regardless of place number, may
not again hold the same office until at least one year out of office
has passed. However, such person is eligible to be elected to the
Office of the Mayor for two consecutive terms.
A person who has served two consecutive full terms as Mayor
may not again hold the same office or be eligible to be elected to
the office of City Council member until at least one year out of office
has passed.
(Term limits omitted - amended November 7, 2006) (Terms transitioned
from two (2) year to three (3) year terms - amended November 3, 2009;
term limits added in May 6, 2017)
(Amended May 1, 2021)
In addition to any other qualifications prescribed by law, the Mayor and each Council member shall meet the conditions of Section 5.02 while in office, and shall reside within the City while in office.
The City Council shall be the final judge of all elections and
of qualifications of its members and any other elected officials of
the City.
(Amended May 1, 2021)
a)
The
Mayor shall receive as salary, subject to the limitations imposed
by state law, the sum of five hundred dollars ($500.00) for attendance
at each regular City Council meeting; provided, however, that the
Mayor shall not receive salary for more than two (2) meetings in any
one month.
b)
City
Council members shall receive as salary, subject to the limitations
imposed by state law, the sum of four hundred dollars ($400.00) for
attendance at each regular City Council meeting; provided, however,
that no City Council member shall receive salary for more than two
(2) meetings in any one month.
c)
The
Mayor and City Council members shall be entitled to all necessary
expenses incurred in the performance of their official council duties
upon approval by the City Council.
(Amended May 1, 2021; Amended May 4, 2024)
The Mayor shall be the ceremonial head of the City government. The Mayor shall be the chairman of, and shall preside at all meetings of the City Council. The Mayor shall vote on every proposition before the City Council, but shall have no power to veto. The Mayor shall, when authorized by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts, and bonds, except for the documents which the City Manager is authorized to sign in accordance with Section 4.01(f) of this Charter. The Mayor shall perform such other duties consistent with this Charter or as may be imposed upon him or her by the City Council.
The Mayor Pro-Tem shall be a Councilmember, elected by the City
Council at the first regular City Council meeting at which a newly
elected City Council is qualified and seated following each regular
City election or run-off election, if applicable. The Mayor Pro-Tem
shall act as Mayor during the disability, absence, or failure of the
Mayor to carry out the duties of the office, and in this capacity
shall have the rights conferred upon the Mayor. If the City Council
Member serving as Mayor Pro-Tem, resigns for any reason, is removed
from office in any manner authorized by law, or a forfeiture of his
or her office occurs, the City Council shall at the next regular City
Council meeting after the office is declared vacant, elect a Mayor
Pro-Tem.
(Amended May 6, 2017; Amended May 1, 2021; Amended May 4, 2024)
a)
Vacancies.
The office of a City Council member or office of the Mayor shall
become vacant upon his or her death, resignation, removal from office
in any manner authorized by law, or forfeiture of his or her office.
b)
Forfeiture
of Office.
The Mayor and any City Council Member:
1)
fails
to maintain the qualifications as required in this Charter and the
Texas Constitution;
2)
has
been found by the affirmative vote of at least five (5) Members of
the City Council to have violated any express prohibition of this
Charter;
3)
is
convicted of a crime involving moral turpitude; or convicted of an
offense as prohibited by Texas Penal Code, Chapter 36, Bribery and
Corrupt Influences as follows:
(A)
Section 36.02. Bribery;
(B)
Section 36.03. Coercion of Public Servant or Voter;
(C)
Section 36.04. Improper Influence;
(D)
Section 36.05. Tampering with Witness;
(E)
Section 36.06. Obstruction or Retaliation;
(F)
Section 36.07. Acceptance of Honorarium;
(G)
Section 36.08. Gift to Public Servant by Person Subject to His Jurisdiction;
or
(H)
Section 36.09. Offering Gift to Public Servant
c)
Filling
of Vacancies.
1)
When
any vacancy or vacancies shall occur on the City Council, a majority
of the remaining Members of the City Council shall appoint a qualified
replacement to fulfill the remainder of the vacant term should the
remainder of the term be less than one (1) year. A special election
shall be called in accordance with state law to fill the vacancy or
vacancies in the same manner as described herein for regular elections
should more than one (1) year remain of the vacant term.
(Amended May 6, 2017; Amended May 1, 2021; Amended May 4, 2024)
All powers of the City shall be vested in the City Council,
except as otherwise provided by law or this Charter, and the City
Council shall provide for the exercise thereof and for the performance
of all duties and obligations imposed on the City by law.
a)
Holding
Other Office.
Except where authorized by law, no Mayor
or City Council member shall hold any other City office or City employment
during his or her term as Mayor or City Council member and no former
Mayor or City Council member shall hold any compensated appointive
City office or City employment until one year after the expiration
of his or her term as Mayor or City Council member.
b)
Appointments
and Removals.
Neither the City Council nor any of its
members shall in any manner dictate the appointment or removal of
any City administrative officers or employees whom the City Manager
or any of his or her subordinates are empowered to appoint, but the
City 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.
c)
Interference
with Administration.
Except for the purpose of inquiries and investigations under Section 3.16 of this Charter, the City Council or its members shall deal with City officers and City employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately, except as otherwise provided in this Charter.
(Amended May 1, 2021)
The City Council shall hold at least two regular meetings each
month and as many additional meetings as it deems necessary to transact
the business of the City and its citizens. The City Council shall
fix, by ordinance, the days and time of the regular meetings. Special
meetings of the City Council shall be held on the call of the Mayor
or three (3) City Council members. Notice of all meetings of the City
Council shall be given in accordance with the provisions of applicable
state law.
(Amended May 6, 2017)
Five (5) Members of the City Council shall constitute a quorum for the purpose of transaction of business and no action of the City Council, except as provided in Section 3.06, shall be valid or binding unless adopted by the affirmative vote of four (4) or more Members of the City Council.
(Amended May 1, 2021)
The City Council shall, by ordinance, determine its own rules
and order of business and the rules shall provide that citizens of
the City shall have a reasonable opportunity to be heard at any meeting.
Public comments shall be allowed at all public meetings of the City
of Hutto and shall be held before any business is conducted, including
moving the meeting into Executive Session.
(Amended May 1, 2021)
The City Council shall provide for minutes being taken and recorded
of all meetings, and such minutes shall be a public record. Except
as required by state law, there shall be no requirement for the taking
and recording of minutes of meetings held in executive or closed session
in accordance with applicable state law. Voting shall be by roll call
and shall be recorded in the minutes.
All Members of the City Council in attendance shall vote upon
every resolution or ordinance, except where there is a, Conflict of
Interest pursuant to Chapter 171 of the Texas Local Government Code
or except when the Member of the City Council abstains from voting
in order to avoid the appearance of impropriety as defined in the
Hutto Ethics Code or City Council Protocols, the reason for which
shall be stated concisely in the records.
(Amended May 6, 2017; Amended May 1, 2021; Amended May 4, 2024)
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.
Ordinances shall require one (1) reading, the form, procedures
for adoption, effective date and publication of ordinances and emergency
ordinances shall be enacted as allowed by state law and the caption
of the ordinance shall be published in the Official Newspaper when
required by state law.
The final reading of each ordinance shall be read in full unless
written or printed copy thereof shall have been furnished to each
Member of the City Council prior to such meeting. The enacting clause
of all ordinances shall be: “Be it ordained by the City Council
of the City of Hutto, Texas.”
(Amended November 7, 2006; Amended May 1, 2021; Amended May 4, 2024)
To meet a public emergency involving an urgent public necessity or involving an imminent threat to public health and safety that requires immediate action by the City Council, the City Council may adopt emergency ordinances. 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 in Section 8.07(b) of this Charter. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it 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 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. After adoption, the ordinance shall be published as required for other adopted ordinances and shall become effective in the same manner. Every emergency ordinance so adopted, except one authorizing the borrowing of money as described herein, shall automatically stand repealed as of the sixty-first day following the day on which it became effective, but this shall not prevent re-enactment of the ordinance.
(Amended May 6, 2017; Amended May 1, 2021)
City employees, who receive or pay out monies of the City, shall
be covered under a blanket crime coverage. The amount of the bonds
or crime coverage shall be determined by the City Council and the
cost thereof shall be borne by the City.
(Amended November 3, 2009)
The City Council shall have the power to inquire into the official
conduct of any department, agency, office, 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, and other
evidence material to the inquiry. The City Council shall provide by
ordinance, penalties for contempt in 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 such ordinance.
(Amended May 6, 2017)
