(El. of 5-2-1998; El. of 11-5-2013)
(a) 
Composition; term.
The city council is composed of a mayor and six councilmembers, elected at large for three-year terms beginning the first meeting of the city council following the main election, and they serve until their successors have been appointed or elected and qualified.
(b) 
Terms and places.
The mayor and each council member shall be elected at large, under the place system, with there being Places 1, 2, 3, 4, 5 and 6. The mayor and each council member shall hold office for a three-year term, or until their successor is elected and duly qualified. Upon expiration of the terms of the current mayor and council members, their successors shall be elected for terms as follows:
The Mayor, Place 2, Place 4 and Place 6 shall be elected for a term of three (3) years at the 2014 general election, and for three (3) year terms thereafter.
Place 1, Place 3 and Place 5 shall be elected for a term of three (3) years at the 2015 general election, and for a three (3) year terms thereafter.
(c) 
Mayor.
The mayor as a member of the city council is not designated as a place on the ballot but is designated as "mayor".
(d) 
Absences.
Unless prevented from attending by sickness, a councilmember who is absent for three consecutive regular meetings of the city council without first having obtained leave of absence from the city council at a regular meeting, is deemed to have vacated the office, and the city council shall fill the vacancy in accordance with Section 23 of this Charter.
(El. of 5-2-1998; El. of 11-5-2013; El. of 5-4-2019)
(a) 
Qualifications required.
The mayor and each councilmember shall meet the following qualifications:
(1) 
at least 18 years of age on the date application is made for a place on the ballot;
(2) 
a citizen of the United States;
(3) 
a qualified voter of the city (which in this charter shall mean a person who is registered to vote by the State of Texas, whose registration is effective in the City of Burleson);
(4) 
have been a resident of the city on the date of the election, for at least 12 months immediately preceding the date of the election;
(5) 
not delinquent in the payment of taxes due the city; and
(6) 
not disqualified by reason of any other provision of law.
(b) 
Qualifications must be maintained.
A member of the council who becomes disqualified during a term of office immediately forfeits the office held, and the city council shall proceed to fill the vacancy in accordance with Section 23 of this Charter.
(El. of 5-2-1998)
Each councilmember receives as compensation for services on the city council, $5.00 for each regularly scheduled meeting of the city council attended by the member, but not to exceed $120.00 in any year, beginning the first meeting after the general election in one calendar year and ending the last meeting before the general election in the next calendar year. In addition to this compensation, councilmembers are entitled to reasonable and necessary expenses incurred in the performance of their official duties, when approved by a majority vote of the city council.
(El. of 5-2-1998; El. of 11-5-2013; El. of 5-4-2019)
(a) 
Duties of mayor.
The mayor presides at meetings of the city council and, except in cases involving conflict of interests, must vote upon all items voted on by the city council, but has no veto power. The mayor is the recognized head of the city government for all ceremonial purposes and by the governor for purposes of military law, but has no regular administrative duties.
(b) 
Mayor pro tem.
The city council shall elect each year at a regular meeting by August 31st from among its members, a mayor pro tem, who shall act as mayor during the absence or disability of the mayor, and, if a vacancy occurs in the mayor's place, shall become mayor until the new Mayor is duly qualified.
(El. of 5-2-1998; El. of 11-5-2013; El. of 5-4-2019)
(a) 
In the event a vacancy occurs in the office of mayor or city council, the vacancy shall be filled in accordance with this section.
(b) 
Except as provided herein a vacancy on the city council for an office with a three-year term must be filled by a special election held in accordance with the requirements of the Texas Constitution. In the event a vacancy occurs on the council for unexpired term of 12 months or less the council may call a special election to fill the vacancy, or by majority vote of the council, appoint a replacement to fill the vacancy, if permitted by the Texas Constitution.
(El. of 5-2-1998)
All powers of the city are vested in the city council; except, that the city council has no authority to exercise those powers which are conferred upon other city officers by this Charter.
(El. of 5-2-1998; El. of 11-5-2013; El. of 5-4-2019)
(a) 
Appointment; salary.
The city council appoints the city manager who is an officer of the city, and has the powers and performs the duties provided in this Charter. The salary of the city manager is fixed by the city council.
(b) 
Councilmember ineligible.
The mayor or another councilmember shall not be appointed as city manager during the term for which the mayor or councilmember was elected or within two years after the expiration of the last term the mayor or councilmember served.
(c) 
Employment at will.
The city manager holds office at the will and pleasure of the city council.
(d) 
Removal.
The action of the city council in suspending or removing the city manager is final.
(e) 
Absence.
During an extended absence or disability of the city manager, the city council shall designate a qualified person to perform the duties of the office.
(El. of 5-2-1998; El. of 11-5-2013; El. of 5-4-2019)
(a) 
Appointment and removal.
Neither the city council nor any member of the city council shall direct the appointment of any person to or removal from an office or position by the city manager or the city manager's subordinates.
(b) 
Dealings with city manager.
Except for the purpose of inquiry the city council and its members shall deal with the operations of the city solely through the city manager and neither the city council nor any member of the city council shall give orders to a subordinate of the city manager, either publicly or privately.
(El. of 5-2-1998)
The city manager, and such other officers of the city as may be designated by vote of the city council, are entitled to seats in the city council meetings, but have no vote. The city manager has the right to take part in the discussion of all matters coming before the city council, and other officers are entitled to take part in discussions of the city council relating to their offices, departments, or agencies.
[1]
Editor's note—An amendment approved at election Nov. 5, 2013, repealed former § 28 of the Charter which pertained to administrative departments and derived unamended from the original Charter.
(El. of 4-6-1974; El. of 5-2-1998; El. of 11-5-2013)
(a) 
Selection.
The city council shall appoint a person who is an officer of the city and who shall have the title of city secretary. The city secretary holds office at the will and pleasure of the city council and the city council has sole authority to remove the city secretary.
(b) 
Responsibilities.
The city secretary shall:
(1) 
give notices of city council meetings;
(2) 
keep the journal of the city council's proceedings;
(3) 
authenticate by the city secretary's signature, record in full, and index all ordinances and resolutions; and
(4) 
perform such other duties as the city council assigns, as provided for elsewhere in this Charter, and as established by state law.
(El. of 4-6-1974; El. of 5-2-1998; El. of 11-5-2013)
(a) 
Appointment.
The city council shall appoint a city judge as judge of the municipal court. The judge shall be a competent and duly licensed attorney practicing law in the State of Texas, and shall be appointed by ordinance. The city council shall also appoint one or more associate city judges, who shall be a competent and duly licensed attorney practicing law in the State of Texas, to serve when the city judge fails to act for any reason. The city judge and associate city judges shall serve for terms of two years or until their successors have been qualified.
(b) 
Removal.
Judges and Associate Judges serve at the will of the council and may be removed after an opportunity for a hearing before the council.
(c) 
Compensation.
The city council shall determine the compensation of the judges, but they shall not be paid on a commission basis.
(d) 
Fines.
Fines imposed by the municipal court, or by any court in cases appealed from judgments of the municipal court, shall be paid into the city treasury for the use and benefit of the city.
(El. of 5-2-1998; El. of 11-5-2013)
(a) 
Appointment.
The city council shall appoint a qualified licensed attorney as the city attorney, who shall receive compensation for services as determined by the city council. The city attorney serves at the will and pleasure of the city council and the city council has sole authority for removing the city attorney.
(b) 
Responsibilities.
The city attorney may represent the city in litigation and shall be the legal adviser of and attorney and counsel for the city and its officers and departments, in their official capacity.
(El. of 5-2-1998; El. of 11-5-2013)
(a) 
Assuming office.
On the earliest date possible under the Texas Election Code, following each general city election, the city council shall meet at the usual place for holding meetings, and the newly elected members shall qualify and assume the duties of office.
(b) 
Meetings.
The city council shall meet regularly at times prescribed by its rules but not less frequently than once each month. The city secretary shall call special meetings upon the request of the mayor, city manager, or a majority of the members of the city council. All meetings must be held in accordance with state law.
(El. of 8-14-1982; El. of 5-2-1998; El. of 5-4-2019)
(a) 
Judging qualifications.
The city council is the judge of the election and qualifications of its members, and for this purpose has the power to subpoena witnesses and require the production of records. The decision of the city council is subject to review by the courts.
(b) 
Voting; conflict of interests.
Except on items involving a conflict of interests, councilmembers must vote on all items voted on by the city council. The city council itself, may by a three-fourths vote of the members present, determine that a member has a conflict of interests over the member's objection. If the city council considers whether more than one member has a conflict of interests, each shall be voted on separately.
(El. of 5-2-1998; El. of 11-5-2013; El. of 5-4-2019)
(a) 
Rules of procedure.
The city council shall determine its own rules and order of business. It shall keep an indexed record of its proceedings, and the record shall be open to public inspection. The upcoming agenda of all meetings shall be posted prior to the meeting in accordance with state law. After each meeting a summary of the minutes and the vote of each councilmember on each item shall also be posted.
(b) 
Votes.
The affirmative vote of at least four (4) of those attending any meeting at which there is a quorum present shall be necessary to adopt any ordinance or resolution, except as provided in subsection (c).
(c) 
In the event of an emergency or disaster when four (4) or more members of the council are incapacitated, the remaining members shall constitute a quorum.
(El. of 5-2-1998; El. of 11-5-2013)
(a) 
Enacting clause.
The enacting clause of all ordinances is "Be it Ordained By the City Council of the City of Burleson".
(b) 
Acts requiring an ordinance.
The following acts of the city council must be accomplished by ordinance:
(1) 
establishing a fine or other penalty;
(2) 
providing for the expenditure of funds, except for restricted-use funds, which may be expended by council action.
(3) 
providing for the contracting of indebtedness; and
(4) 
acts required by other provisions of this Charter or by state law to be accomplished by ordinance.
(El. of 5-2-1998; El. of 11-5-2013)
(a) 
Introduction.
An ordinance must be introduced in written or printed form and, upon passage, takes effect in accordance with its terms.
(b) 
Approved at two meetings; exceptions.
Ordinances shall be considered and approved at two separate sessions of the city council. The City Council may establish exceptions to this two session requirement by determining types of ordinances that may be approved at only one session. These exceptions must be established by ordinance following a public hearing.
(c) 
Ordinance containing penalty.
An ordinance imposing a penalty, fine, or forfeiture for violation of its provisions takes effect upon publication in accordance with state law and on the city's website.
(d) 
Publication.
The city secretary shall give notice of the passage of an ordinance imposing a penalty, fine, or forfeiture by causing the caption or title and the penalty clause, of the ordinance to be published once in a newspaper of general circulation in the city or in accordance with state law and on the city's website after the final passage of the ordinance. The city secretary shall note on the front of each ordinance that is published and in its record, the fact that it has been published as required by the Charter, and the date of the publication. This note is prima facie evidence for the legal publication and promulgation of the ordinance. This publication requirement does not apply to codification of ordinances or the publication of ordinances in book or pamphlet form.
(e) 
Records; authentication.
Ordinances must be authenticated by the signatures of the mayor and city secretary, and must be systematically recorded and indexed in an ordinance book or books in a manner approved by the city council.
(f) 
Emergency ordinance.
An ordinance may be adopted with consideration and approval at only one meeting in cases of emergency. An emergency exists when action is necessary for the immediate preservation of the public peace, health, or safety. An emergency ordinance must contain a statement of the nature of the emergency.
[1]
Editor's note—An amendment approved at election Nov. 5, 2013, repealed former § 37 of the Charter which pertained to emergency ordinances and derived from the original Charter as amended by the election of May 2, 1998.
(El. of 5-2-1998; El. of 11-5-2013)
The city council has power to inquire into the conduct of any operation of the city and to make investigation as to municipal affairs. For that purpose the city council may subpoena witnesses, administer oaths, and compel the production of books, papers, and other evidence. Failure to obey a city council subpoena or to produce books, papers or other evidence, as ordered under the provision of this section, constitutes a misdemeanor punishable by a fine not to exceed the maximum amount allowed for a Class C misdemeanor under state law.
(El. of 5-2-1998; El. of 11-5-2013)
Annually, after the end of the fiscal year, a certified public accountant shall make an independent audit of accounts and other evidences of financial transactions of the city and submit a written report to the city council. The designated accountant must have no personal interest, direct or indirect, in the fiscal affairs of the city during the time which the accountant is retained by the city. Audits shall be conducted in full compliance with state law. A written report of audited financial statements shall be placed on the city's website.