The legislative and governing body of the City of Whitehouse shall consist of a Mayor and five (5) Councilmembers, and said body shall be the only elective officers of the City and shall be known as the “City Council of the City of Whitehouse.” The election of the Councilmembers shall be by the City at large, and by place, while the Mayor shall be elected by the City at large in the manner provided in Article 7, each for a term of two (2) years or until their successors have been elected and take office as provided in Article 7. Upon adoption of this Charter, all duly elected or appointed Councilmembers or Mayor shall remain in office until term of office expires.
No elected officer may serve more than three (3) consecutive terms as Mayor. Persons serving three (3) consecutive terms as Mayor must remain out of office one (1) term before being eligible to serve in that same position.
No elected officer may serve more than three (3) consecutive terms as Councilmember. Persons serving three (3) consecutive terms as a Councilmember must remain out of office one (1) term before being eligible to serve in that same position.
No person elected to the City Council shall, during the term for which they were elected, be appointed to any office or position in the service of the City. If a member of the Council, a member of any Board or Commission appointed by the Council, or any appointive officer or employee of the City is elected or appointed to any publicly elected office, other than re-election to the same position on the City Council, they shall immediately forfeit their place, position, or employment with the City, except such individual may be a Notary Public or member of the National Guard or naval or military reserve or a retired member of the Armed Forces.
Each of the five (5) Councilmembers and Mayor shall:
(a) 
Be a citizen of the United States of America;
(b) 
Be a registered qualified voter of the State of Texas and at least 21 years of age as of the date the candidate swears to the application;
(c) 
Reside within the corporate limits of the City of Whitehouse on Election Day and have resided within the corporate limits for at least one (1) year immediately preceding the election date and remain a resident of the City of Whitehouse while on the City Council;
(d) 
Not have been employed by the City of Whitehouse within the last five (5) years as of the date the candidate swears to the application;
(e) 
If elected shall hold no other public office except that of Notary Public or a member of the National Guard or naval or military reserve or a retired member of the Armed Forces;
(f) 
Not be in arrears in the payment of any taxes or other liability due the City nor be disqualified by reason of any provision of any other sections of this Charter;
(g) 
Have not been convicted of a crime involving moral turpitude (conduct that is contrary to the community standard of justice, honesty and good morals) or any other felony; and
(h) 
Not be related within the second degree by affinity (marriage) or third degree by consanguinity (blood relation) to the Mayor or any member of the Council, the City Manager or Department Heads, or full-time personnel holding permanent positions with the City.
A Councilmember or Mayor shall forfeit his/her office if they:
(a) 
Lack at any time during his/her term of office any qualifications for the office prescribed by this Charter or by law;
(b) 
Willfully violates any express prohibition of this Charter;
(c) 
Is convicted of a crime involving moral turpitude or any other felony;
(d) 
Fails to attend three (3) consecutive regular meetings of the Council without first being excused by the Council; or
(e) 
Are appointed or elected to any public office other than the specific office then held on the date of such appointment or election.
If the Mayor or any member of Council refuses to voluntarily comply with the above regulations, the City Council shall at its next regular meeting declare a vacancy to exist and shall fill said vacancy in accordance with this Charter.
The City Council shall be the judge of the election and qualifications of its own members and for such purpose shall have power to subpoena witnesses and require the production of records.
The Council shall, within five (5) calendar days after a regular or special election, either at a called meeting of said council, called for that purpose, or at the next regular meeting, canvass the returns and declare the results of such election.
If one or more Council vacancy(s) occurs, the remaining Council members shall appoint qualified person(s) to fill the vacancy(s) until the regular election by a majority vote of the remaining members of the Council by selection of a person qualified for the position as described in this Charter.
The Mayor and members of the City Council of Whitehouse shall serve without pay or compensation; provided, however, that they shall be entitled to reimbursement of any necessary expenses incurred in the performance of their official duties, when approved by the Council.
The Mayor shall preside over the meetings of the Council, and perform such other duties consistent with the office as may be imposed upon him/her by this Charter, and by ordinances and resolutions passed in pursuance thereof. The Mayor may participate in the discussion of all matters coming before the Council but may only cast a vote during a tie vote at such point he/she shall have the casting vote. The Mayor shall sign, after authorization by the Council, all contracts, conveyances made or entered into by the City, all bonds, warrants and any other obligations issued under the provisions of this Charter, in the manner prescribed in the ordinance authorizing the signing of any such obligation. The Mayor shall be recognized as the official head of the City by the courts for the purpose of serving civil process, by the Governor for the purpose of enforcing military law, and for all ceremonial purposes.
The City Council, at its first meeting after election of Councilmembers, shall elect one of its members as Mayor Pro-Tem, and he or she shall perform all the duties of the Mayor, in the absence or disability of the Mayor.
All powers of the City, the determination of all matters of policy, and authority to pass all laws and ordinances relating to its municipal affairs shall be vested in the City Council; provided, however, that the City Council shall have no power to exercise the powers which are expressly conferred upon other City officers by this Charter. Without limitation of the foregoing, and among the other powers that may be exercised by the City Council, the following are hereby enumerated for greater certainty:
(a) 
Appoint and remove the City Manager as hereinafter provided. In addition, prior to September 30th of each year, the Council shall formally evaluate the performance of the City Manager and suggest items for improvement and priorities for the coming year. This shall be handled in executive session as a personnel matter;
(b) 
Establish, create, consolidate, or abolish administrative departments and distribute the work of divisions, upon recommendation of the City Manager;
(c) 
Adopt the City budget;
(d) 
Authorize the issuance and sale of bonds by a bond ordinance;
(e) 
Inquire into the conduct of any office, department, or agency of the City and make investigations as to municipal affairs;
(f) 
Provide for such additional boards and commissions, not otherwise provided for in this Charter, as may be deemed necessary, and appoint the members of all such boards and commissions. Such boards and commissions shall have all powers and duties now or hereafter conferred and created by this Charter, by City ordinance, or by State law;
(g) 
Adopt and modify the zoning plan, and a building code, including electrical and plumbing codes, of and for the City; and to require building permits;
(h) 
Adopt and modify the official map of the City to be preserved in the City Hall in the City of Whitehouse;
(i) 
Adopt and modify and carry out plans proposed by the City Planning and Zoning Commission for the clearance of slum districts and rehabilitation of blighted areas;
(j) 
Adopt, modify, and carry out plans proposed by the City Planning and Zoning Commission for the replanning, improvement, and redevelopment of any area or district which may have been destroyed in whole or in part by disaster;
(k) 
Regulate, license, and fix the charges or fares made by any person, firm, or corporation owning, operating, or controlling any vehicle of any character used for the carrying of passengers for hire or the transportation of freight for hire on the public streets and alleys of the City;
(l) 
Provide for the establishment and designation of fire limits, and prescribe the kind and character of buildings or structures or improvements to be erected therein; and provide for the erection of fireproof buildings within said limits; and provide for the condemnation of dangerous structures or buildings or dilapidated buildings, or buildings calculated to increase the fire hazard, and prescribe the manner of their removal or destruction, within said limits;
(m) 
Fix the salaries and compensation of the City officers and employees to set up qualifications, rules and standards of and for employees for the City;
(n) 
Provide for a sanitary sewer and water system, and require property owners to connect their premises with the water and sewer systems and provide the penalties for failure to make sanitary sewer and/or water connections;
(o) 
Provide for sanitary garbage disposal, and set fees and charges therefor, and provide penalties for failure to pay such fees and charges. To define nuisances and to prohibit same, and provide penalties for violations;
(p) 
Provide for all necessary public utilities and set fees and charges therefor and provide penalties for misuses of same;
(q) 
Exercise exclusive dominion, control, and jurisdiction (including the right to close and abandon streets and alleys) in, upon, over, and under the public streets, avenues, sidewalks, alleys, highways, boulevards and public grounds of the City; and provide for the improvement of same as provided in Article 1105b, Chapter 9, Title 28, of the Revised Civil Statutes of the State of Texas of 1925 as now, or hereafter amended;
(r) 
Compromise and settle any and all claims, demands, and lawsuits, of every kind and character, in favor of, or against, the City of Whitehouse;
(s) 
To require bonds, both special and general, of all contractors and others constructing or building for the City, and set up standards, rules and regulations therefor;
(t) 
To pass ordinances defining and prohibiting misdemeanors and vagrancy, and provide penalties for violations;
(u) 
To provide and/or arrange for any and all “civil defense measures” and “public shelter measures” for the City of Whitehouse, Texas and for the citizens thereof, deemed necessary for the public welfare;
(v) 
To name and designate an “Official Newspaper” for the City of Whitehouse, Texas and to cause only the caption of duly enacted ordinances and resolutions shall [to] be published except as provided otherwise by law.
The Council shall meet once per month provided there is City business to conduct and may hold as many other meetings as may be necessary for the transaction of the business of the City. All regular meetings shall be held at the City Hall or at such other places within city limits as will permit the attendance of the general public. All meetings will be held in accordance with open meeting laws of the State of Texas.
The Mayor or any three (3) members of the Council may call special meetings by giving notice to the City Secretary who shall notify each member of the Council of the time of such meeting and purpose thereof. Only matters mentioned in the call shall be considered.
No person related within the second degree by affinity (marriage) or third degree by consanguinity (blood relation) to the Mayor or any member of the Council or the City Manager shall be appointed to any permanent paid office, position, or clerkship of the City. No person related within the second degree by affinity (marriage) or third degree by consanguinity (blood relation) to a Department Head shall be appointed or employed to any position, permanent or temporary, within the respective department.
The Council shall appoint a City Manager who shall have the powers and perform the duties provided in this Charter. No councilmember or Mayor shall receive such appointment during the term for which they shall have been elected, nor within two (2) years after the expiration of his or her term.
Neither the City Council nor any of its members shall direct or request the appointment of any person to or his removal from office by the City Manager or by any of his subordinates, or in any manner take part in the appointment or removal of officers in the administrative service of the City. However, the Council may consult and advise with the City Manager, make inquiry regarding the appointments or removals and may express their opinion in regard thereto. In regard to administrative and executive duties under the City Manager, the Council and its members shall deal solely through the City Manager, either publicly or privately. Willful violation of the foregoing provisions of this Charter by any member of the Council shall constitute misconduct and shall authorize the Council by a vote of the majority of its membership to expel such offending member of the Council if found guilty after public hearing, and thereby create a vacancy in the place held by such member.
The 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. The Council shall provide for the minutes being taken and records of all meetings, and such minutes shall be a public record. Three (3) Council members, shall constitute a quorum for the purpose of transaction of business and no action of the Council shall be valid or binding unless adopted by the affirmative vote of a majority of the members present. All meetings of the City Council shall be open to the public, as provided by state law, and minutes of all proceedings shall be kept, to which any citizen may have access at all reasonable times and which shall constitute one of the archives of the City. The vote upon the passage of all ordinances and resolutions shall be taken by Yes and No made in open meeting by a canvass of the Council, and the vote of each Councilmember shall be entered upon the minutes, and every ordinance or resolution, upon its final passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer and the City Secretary.
The City Council shall legislate by ordinance and the enacting clause of every ordinance shall be: Be it ordained by the City Council of the City of Whitehouse. Every ordinance enacted by the Council shall be signed by the Mayor or Mayor Pro-Tem and shall be filed with and recorded by the City Secretary. The descriptive caption of all ordinances enacted by the Council shall be read in open meeting of the Council at one (1) regular or special Council meeting. All ordinances, unless otherwise provided by law or by the terms of such ordinance, shall take effect in, accordance with Article 3, Section 3.17.
Except as otherwise provided by law, or by this charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine or forfeiture for any violation of any of its provisions and of every other ordinance required by law, or this Charter, to the public, by causing the said ordinance, or its caption and penalty, to be published at least one time prior to the final passage thereof in the official newspaper of the City. The affidavit of such publication by the publisher of such newspaper, taken before any officer authorized to administer oaths, and filed with the City Secretary shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. Such ordinance shall take effect upon publication as required by law.
All ordinances of the City of Whitehouse adopted prior to the adoption of this Charter and not inconsistent with the provisions of this Charter shall remain in full force and effect until altered, amended or repealed by the City Council. All official actions taken by the City of Whitehouse, its City Councils or other City officials, and all previous elections, contracts, bonds, warrants, and other evidences of indebtedness and any annexations, prior to the adoption of this Home Rule Charter, are hereby adopted, validated[,] confirmed and ratified.
The City Council shall have power to cause the ordinances of the City of Whitehouse to be printed in code form and shall have the same arranged and digested as often as the Council may deem advisable; however, failure to print the ordinances as herein provided shall not affect the validity of same.
The City Manager and the City Secretary (and such other City officers and employees as the City Council may require) shall, before entering upon the duties of their office, enter into a good and sufficient fidelity bond in a sum to be determined by the City Council payable to the City of Whitehouse, and conditioned upon the faithful discharge of the duties of such persons, and upon the faithful accounting for all monies, credits, and things of value coming into the hands of such persons, and such bonds, shall be signed as surety by some company authorized to do business under the laws of the State of Texas; and the premium of such bonds shall be paid by the City of Whitehouse; and such bonds must be acceptable to the City Council.
The Council shall have the power to inquire into or investigate the official conduct of any department, agency, 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, records, or other evidence, and as it shall provide by ordinance, to punish and fix penalties up to and including recommendation for termination for contempt for failure or refusal to obey any such subpoena or to produce any such books, papers, records, or other evidence.