The position and office of city manager is hereby created and the criteria for appointment, removal, compensation, and the authorities, powers, duties and responsibility of the office of city manager shall be as hereinafter set forth. The person appointed to and holding such office shall be referred to as the city manager of the city.
(Ordinance 2008-22, sec. 2, adopted 8/26/08)
The city manager shall be appointed by a majority vote of the city council for an indefinite term of office, or for any definite period of time as set forth in any employment agreement approved by the city council and executed by the mayor and city manager; provided that in all events the city manager shall serve at the will of a majority of the city council and subject to the provisions of chapter 22, Tex. Loc. Gov’t. Code. The city council may designate a qualified person to act in the absence or disability of the city manager. Notwithstanding the city manager being an at-will employee, subject to removal as provided in section 22.077, Tex. Loc. Gov’t. Code, the severance provisions provided in any employment agreement executed between the city and the city manager shall be applicable and binding.
(Ordinance 2008-22, sec. 3, adopted 8/26/08)
The city manager shall receive such compensation and benefits as may be established from time to time by the city council.
(Ordinance 2008-22, sec. 4, adopted 8/26/08)
(a) 
The city manager shall be the chief administrative officer of the city and shall be responsible to the mayor and city council for the proper administration of all affairs of the city. To that end, the city manager shall have the authority, duty and responsibility to:
(1) 
Prepare job descriptions for approval by the city council; delegate duties to the officers and employees of the city; subject to the statutory authority of the mayor supervise the day-to-day operations, functions and programs of the city; and make recommendations to the mayor and city council on any and all personnel, performance, administration, programs, projects, management, financial and general governance issues;
(2) 
Direct, coordinate, and provide oversight over all departments, programs and projects of the city;
(3) 
On behalf of the mayor, assist the mayor with respect to the mayor’s duties as chief executive officer of the city, and perform the chief executive and administrative and management functions, if any, that are made the responsibility of the mayor, including, but not limited to, the following:
(A) 
Ensure that all applicable laws and ordinances are enforced;
(B) 
Supervise and inspect the conduct of all subordinate officers and employees of the city;
(C) 
Cause all negligence, carelessness and violations of duty by the employees and officers to be given appropriate consideration;
(D) 
Communicate and make recommendations to the mayor and city council for the administration and management of the city; and
(E) 
Supervise programs and projects, issue permits and perform other duties as assigned by the mayor or the city council from time to time;
(4) 
Attend all meetings of the city council except when excused, with the right to participate in the discussion but having no vote;
(5) 
Assist and consult with the mayor as requested in the mayor’s capacity as the chief budget officer of the city, and prepare, review and submit to the mayor and city council prior to the beginning of each fiscal year a budget for proposed expenditures for the ensuing year together with a message describing the important features of said budget; assist the mayor and city council with respect to the consideration of the budget; and assure the proper administration of the budget after its adoption;
(6) 
Prepare and submit to the mayor and city council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year;
(7) 
Keep the mayor and city council advised of the financial condition and needs of the city, provide such information and service as may be deemed reasonably necessary, and advise and assist the mayor and city council to assure the accomplishment of the annual audit of the city;
(8) 
Provide oversight of the purchase of all materials, supplies, and equipment for which funds are provided in the budget, and purchase budgeted materials and supplies necessary for operation or maintenance of the city services for amounts up to and including $3,000.00; provided that:
(A) 
All expenditures of $3,000.00 or more shall be approved by the city council;
(B) 
No purchase shall be made, contract let, or obligation incurred for any item or service which exceeds the current departmental budget appropriation without a supplemental appropriation approved by the city council;
(C) 
No contract shall be let except by the city council;
(D) 
The city manager shall advise the mayor and city council on the advantages or disadvantages of contract and bid proposals; and
(E) 
Subject to the veto or modification by the mayor or city council, the city manager may issue written rules governing purchasing procedures consistent with state law;
(9) 
In the event of accident, disaster, or other circumstance creating a public emergency, the city manager shall provide the mayor such assistance as may be necessary, assist the mayor to award contracts and make purchases for the purpose of meeting said emergency, and shall file within seventy-two (72) hours with the city council a certificate describing any such emergency and showing the necessity for such emergency purchases, together with an itemized count of all such expenditures.
(b) 
Provided that all duties and responsibilities set forth in section 22.077, Tex. Loc. Gov’t. Code, shall be and remain the legal duties and responsibilities of the mayor, and the performance of such duties by the city manager shall be deemed to be delegated by the mayor and undertaken and performed on behalf of and under the authority of the mayor.
(c) 
Provided further that, subject to the jurisdiction and authority of the mayor and city council, [and] the right of any employee to appeal any disciplinary action or termination to the city council, the city manager shall perform any duty or responsibility of the mayor set forth in section 22.077 Tex. Loc. Gov’t. Code.
(Ordinance 2008-22, sec. 5, adopted 8/26/08)
The city manager shall have such further authority, duties and responsibilities as reasonably implied from the terms of this division, or as set forth in any employment agreement with the city manager that is approved by the city council and executed by the mayor; the day-to-day authority of the mayor as expressly or impliedly delegated by the mayor; and the authority as heretofore or hereafter provided by the city council. The mayor is the chief executive officer of the city and the city manager shall have no authority to countermand or overrule any action or decision by the mayor, but shall communicate any material exception regarding any such action or decision to the city council. The city manager shall be bonded in an amount determined from time to time by the city council, which bond shall be conditioned upon the good and faithful performance of the authorities and performances of the office and position of city manager. The premium of the bond shall be paid by the city.
(Ordinance 2008-22, sec. 6, adopted 8/26/08)
The chief executive officer, administrative and personnel duties and responsibilities that are performed by the city manager with respect to the day-to-day operation of the city are delegated by the mayor to the city manager; provided the mayor may directly exercise the statutory authority of the mayor at any time and on any issue, and may further expressly or impliedly delegate specific mayoral duties to the city manager. Subject to action by the city council, the mayor may reverse or overrule any administrative decision or action by the city manager. The duties and responsibilities of the city manager shall be in addition to, and not in lieu of, the administrative, executive and personnel duties of the mayor.
(Ordinance 2008-22, sec. 7, adopted 8/26/08)
All ordinances or parts of ordinances in conflict with the provisions of this division are hereby repealed on the effective date of this division. This division shall be construed and interpreted in a manner not inconsistent with the powers and duties of the mayor, and in the event of a conflict the duties of the city manager will be to communicate and advise the mayor and city council regarding the matter at issue.
(Ordinance 2008-22, sec. 9, adopted 8/26/08)