a)
Appointment
and Qualifications.
The City Council, by the affirmative
vote of five (5) or more Members of the City Council shall appoint
a City Manager. The method of selection shall be left to the discretion
of the City Council so long as the method insures orderly, nonpartisan
action toward securing a competent and qualified person to fill the
position. The City Manager shall be chosen solely upon the basis of
such person’s executive and administrative training, experience
and ability. The City Manager shall be bonded at City expense in an
amount of not less than ten thousand dollars ($10,000).
b)
Compensation.
The City Manager shall receive compensation as may be fixed
by the City Council according to his or her experience, education,
and training. The compensation shall be agreed upon before appointment
with the understanding that the City Council may change it at its
discretion.
c)
Term
and Removal.
The City Manager shall not be appointed
for a definitive term but may be suspended or removed at the discretion
of the City Council, by the affirmative vote of five (5) or more Members
of the City Council. The action of the City Council in suspending
or removing the City Manager shall be final. It is the intention of
this Charter to vest all authority and fix all responsibilities of
such suspension or removal in the City Council.
d)
Powers
and Duties.
The City Manager shall be the Chief Administrative
Officer of the City, and shall be responsible to the City Council
for the proper administration of all the affairs of the City and to
that end shall have the power and shall be required to:
1)
see
that all state laws and City ordinances are effectively enforced;
2)
appoint,
suspend or remove all or any one of the directors of departments,
except as otherwise provided in this Charter;
3)
attend
all meetings of the City Council except when excused by the City Council,
and shall have the right to take part in the discussions;
4)
prepare
the budget annually and submit it to the City Council and be responsible
for its administration after its adoption;
5)
prepare
and submit to the City Council at the end of the fiscal year a complete
report on the finances and administrative activities of the City for
the preceding year;
6)
keep
the City Council advised of the financial condition and future needs
of the City and make such recommendations as may seem advisable;
7)
make
other such reports as the City Council may require concerning the
operations of City departments, offices and agencies subject to his
or her discretion and supervision; and
8)
perform
such other duties as may be prescribed by this Charter or required
by the City Council, as consistent with this Charter.
e)
Contracts
and Purchases.
The City Council may by ordinance set
a maximum amount for which the City Manager shall be authorized to
execute contracts and/or to expend funds for budgeted items; provided
here, that all contracts and expenditures must comply with applicable
state laws requiring competitive bids or authorizing alternative procurement
methods. The City Council may by ordinance establish a dollar amount
above which all, or certain types of, contracts, or expenditures must
be approved in advance by the City Council.
f)
Execution
of Documents.
The City Manager shall have the authority
to execute, on behalf of the City, certain documents, including but
not limited to deeds, conveyances, release of liens, rental agreements,
easements, right-of-way agreements, joint use agreements, and other
similar documents, under the following condition.
1)
The
execution of the document is necessary to carry out a public works
project; utilize, maintain or improve a City facility, street, right-of-way,
easement, park or other City property; or to implement other City
policies; provided that such project, program, or policy has been
approved by the City Council;
2)
That
all blanks are filled in on any document correctly and that such document
is consistent with the objectives approved by the City Council; and
3)
That
the form of such document shall be approved by the City Attorney.
(Added May 6, 2017; Amended May 1, 2021; Amended May 1, 2021; Amended May 6, 2017)
There shall be such administrative departments as are established
by this Charter and may be established by ordinance and, excepting
as otherwise provided in this Charter, these administrative departments
shall be under the direction of the City Manager.
The head of each department shall be a director who shall have
supervision and control over said department. Two or more departments
may be headed by the same individual and the City Manager may head
one or more departments.
(Amended May 6, 2017)
a)
There
shall be established and maintained a court, designated as a “Municipal
Court” for the trial of misdemeanor offenses, with all such
powers and duties as are now, or may hereafter be prescribed by laws
of the state of Texas relative to municipal courts.
b)
The
judge of said court shall be appointed by the City Council to serve
at the discretion of the City Council. The judge shall be an attorney
licensed and practicing in the State of Texas and shall receive such
salary as may be fixed by the City Council.
c)
There
shall be a clerk of said court appointed by the City Manager.
d)
The
clerk of said court and deputies shall have the power to administer
oaths and affidavits, make certificates, affix the seal of said court
thereto, and generally do and perform any and all acts usual, and
necessary to be performed, by the clerks of courts, in issuing process
of said courts, and conducting the business thereof.
e)
The
City Council shall have the power to create additional judges as provided
by law. The City Council shall appoint such additional judges.
f)
All
costs and fines imposed by the Municipal Court shall be paid into
the City Treasury for the use and benefit of the City.
(Amended May 1, 2021)
The City Council shall appoint a competent and duly licensed
attorney practicing law in the state of Texas, who shall be the City
Attorney. The City Attorney shall hold office at the pleasure of the
City Council. The City Attorney, or such other attorneys selected
by the City Attorney with the approval of the City Council, shall
represent the City in all litigation. The City Attorney shall be the
legal advisor of, and attorney and counsel for, the City and all officers
and departments thereof.
The City Council may appoint a competent and duly licensed attorney
practicing law in the state of Texas, who shall be the Deputy City
Attorney. The Deputy City Attorney shall hold office at the pleasure
of the City Council. The Deputy City Attorney, or such other attorneys
selected by the Deputy City Attorney with the approval of the City
Council, shall conduct all prosecutions in the Municipal Court.
(Amended May 6, 2017; Added May 1, 2021)
The City Manager shall appoint the City Secretary and such Assistant
City Secretaries as the City Council shall deem advisable. The duties
of the City Secretary, and Assistant City Secretaries, shall be as
follows:
a)
to
give notice of City Council meetings;
b)
to
keep the minutes of the proceedings of such meetings;
c)
to
authenticate by his or her signature and record in full a book kept
and indexed for the purpose, all ordinances and resolutions; and
d)
to
perform such other duties as the City Council shall assign, and those
elsewhere provided for in this Charter.
(Amended May 1, 2021)
