Except as otherwise provided by the Charter of the City, all powers conferred on the City shall be exercised by a City Council to be composed of a Mayor and six (6) members, nominated and elected in the manner provided in Article III of this Charter, unless otherwise prescribed by law. They shall each be elected for a term of three (3) years. The Council members so elected shall serve until their respective successors shall have been elected and shall have qualified.
The Mayor shall be the official head of City government. He shall be the chairman and preside at all meetings of the Council. The Mayor may vote on every proposition before the Council but shall have no power of veto. He shall perform duties consistent with this Charter as may be imposed upon him by the Council.
The Mayor Pro Tem may be elected by the City Council from its membership. The Mayor Pro Tem shall act as Mayor in the case of the absence or inability of the Mayor to perform the duties of office and in this capacity shall be vested with all of the powers conferred upon the Mayor.
The Mayor and each Council member shall have the following qualifications:
(a)
Must be a citizen of the United States.
(b)
Must be a qualified voter of the State of Texas.
(c)
Must have resided at least six (6) months next preceding the election within the corporate limits of the City of Midlothian.
(d)
Must be at least twenty-one (21) years of age.
(e)
Must not be in arrears in payment of taxes or other liabilities due the City of Midlothian.
(f)
Must not have been convicted of a felony.
(g)
Must not be disqualified by reason of any provision of any other section of this Charter.
The Mayor or any Council member shall forfeit his office if he:
(a)
Lacks at any time during his term of office any qualification for the office prescribed by this Charter or by law;
(b)
Violates any express prohibition of this Charter;
(c)
Is convicted of a felony; or
(d)
Fails to attend three (3) consecutive regular Council meetings or six (6) Council meetings in any calendar year without being excused by the Council.
A quorum shall consist of four (4) members, which may include the Mayor, where the number of Council members, including the Mayor, due to vacancies, is reduced to less than five (5), in which event a quorum shall consist of all the remaining Council members; but a less number than a quorum may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance.
The Council shall determine its own rules of procedures, and may punish its members for misconduct, and may compel the attendance of absent members.
(a)
If a vacancy occurs in the office of Mayor or on the City Council on or before one hundred twenty (120) days before a regular election for City Council, the vacancy shall be filled at a special election for that purpose. At its next regular meeting after the occurrence of the vacancy, the City Council shall call a special election to be held not less than thirty (30) days nor more than sixty (60) days after the date of the call. The additional member of the Council provided in this Charter until the first regular election, shall be provided as per the provisions of Section 15.17 hereof.
(b)
If a vacancy occurs subsequent to one hundred twenty (120) days before a regular election for City Council, the vacancy may be filled by a majority vote of the remaining members of the Council until the next regular election, at which time such vacancy shall be filled by election.
(c)
A person elected either at a special election or a regular election to fill a vacancy in the office of Mayor or on the City Council shall serve only the unexpired term of the Mayor or Council member whose place has been declared vacant, as the case may be.
(d)
If a candidate duly elected either to the office of Mayor or to the City Council at the regular election fails to take the oath of office on or before ten (10) days after the official canvass of the election, then his place shall be considered a vacancy and filled as herein provided for other vacancies. In the event such a candidate, elected either to the office of Mayor or to the City Council at a special election, fails to take the oath of office on or before ten (10) days after the official canvass of the election, then his place shall be considered a vacancy and filled as herein provided for other vacancies.
(a)
No person elected to the office of Mayor or to the City Council shall, during the term for which he was elected, be appointed to any office or position of emolument in the service of the City. If the City Manager, the City Secretary, the City Tax Assessor-Collector, the City Attorney, or the Judge of the Municipal Court shall become a candidate for nomination or election to any public office, he shall immediately forfeit his place or position with the City.
(b)
The Mayor or any member of the City Council shall forfeit his place on the Council if he becomes a candidate for nomination or election to any public office other than a place on the
City Council or if he becomes a candidate for election to any different place on the City Council which requires him to take office prior to the end of his elective term.
The City Council shall have power to summon and compel the attendance of witnesses and the production of books and papers before it whenever it may be necessary for the more effective discharge of its duties, and shall have the power to punish for contempt before it with the same fines and penalties as the County Judge may punish for contempt before the County Court. All process shall be signed by the Mayor and attested by the City Secretary and shall be served by the Chief of Police or any police officer of the City.
The Mayor, City Secretary or any member of the City Council shall have authority to administer oaths in any matter pertaining to municipal affairs.
Subject to the Council’s authority to approve all appointments of administrative officers or directors of departments of the City under Section 5.03(a) of this Charter, neither the Council nor any of its members shall dictate the appointment by the City Manager of any person to City offices or employment. Except for the purpose of inquiry, the Council and its members shall deal with that part of the administrative service for which the City Manager is responsible solely through such Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager in said departments, either publicly or privately.
The Council, the City Manager or any person or committee authorized by either or both of them shall have power to inquire into the conduct of any department or office of the City; to make investigations as to City affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence material to said inquiry. The Council may provide by ordinance penalties for contempt in refusing to obey any such subpoenas or failure to produce books, papers and other evidence, and shall have the power to punish any such contempt in the manner provided by ordinance.
On the day the members of the City Council take office, they shall meet at the building designated as the official City Hall and thereafter all regular meetings of the City Council shall be held in the City Council Chamber in such building at such times as may be prescribed by ordinance or resolution; but not less than two (2) regular meetings shall be held each month unless postponed or cancelled for valid reasons, to be recorded in the minutes.
Special meetings shall be called by the City Secretary upon written request of the Mayor, City Manager or three members of the Council, if posted on the agenda in compliance with Texas Open Meeting Law (6252-17 VTCS). All Council members, City Manager, City Secretary and City Attorney shall be given written or equivalent notice of such meetings and therein shall be stated the subject to be considered at the special meeting and such may provide for the taking up of any other business provided at such meeting.
All official meetings of the Council and all boards, commissions and committees thereof shall be open to the public except as may be provided by State law. The City Council shall provide for reasonable opportunity for citizens to be heard at all open meetings concerning any subject considered thereat under such rules as the Council may provide.
Duly elected City Officials acting in their official capacity shall be protected by the City from personal financial loss resulting from Council decisions made while in official sessions as a result of law suits filed pertaining to such decisions.