All powers of the City shall be vested in the City Council,
except as otherwise provided by applicable law or this Charter, and
the City Council shall provide for the exercise thereof and for the
performance of all duties and obligations imposed on the City by applicable
law.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007)
A.
The City Council shall be composed of the Mayor and six (6) Councilmembers. Any reference to the City Council within this Charter shall mean the Mayor and six (6) Councilmembers. The Mayor and Councilmembers shall be elected for three (3) year terms, except as provided by Article XII. Each year two Councilmember positions shall be elected for their respective terms, except as set forth in Article XII of this Charter.
B.
Upon the
adoption of this Charter by amendment and prior to the transition
to three-single member districts provided herein, the Mayor and six
(6) Councilmembers shall each be elected at-large by the qualified
voters of the City. The six (6) Councilmembers shall each occupy a
position on the City Council, such positions being designated as Councilmember,
Position 1; Councilmember, Position 2; Councilmember, Position 3;
Councilmember, Position 4; Councilmember, Position 5 and Councilmember,
Position 6.
C.
Establishment
of Single-Member Districts A, B and C.
As provided by Article XII of this Charter, the City shall establish boundaries of three single-member districts, designated as District A, District B and District C, according to applicable law. Whenever the City Council shall annex additional land into the City, the City Council shall thereafter provide for the inclusion of the annexed land within one (1) or more districts. Not less than once in every ten (10) years, within two (2) years following the date of each decennial federal census, the City Council shall determine the boundaries of each of the districts by ordinance adopted according to applicable law. From time to time, the City Council may amend the boundaries of the districts when, in the City Council’s sole determination, such amendment is necessary so that all districts are drawn and configured to provide equal and fair representation to all citizens of the City.
D.
Upon the
establishment of districts as provided above, the Mayor and three
(3) Councilmembers shall each be elected at-large by the qualified
voters of the City. Three Councilmembers shall each occupy a position
on the City Council, such positions being designated as Councilmember-at-Large,
Position 1; Councilmember-at-Large, Position 2 and Councilmember-at-Large,
Position 3. Three (3) Councilmembers shall each be elected from within
geographic districts of the City, as established elsewhere in this
Charter, and shall each occupy a position on the City Council. One
(1) Councilmember shall be designated as Councilmember, District A
and shall be elected from District A. One (1) Councilmember shall
be designated as Councilmember, District B and shall be elected from
District B. One (1) Councilmember shall be designated as Councilmember,
District C and shall be elected from District C. The three (3) district
Councilmembers shall be elected by the qualified votes cast for the
office of district Councilmember within their respective districts.
E.
Establishment
of Single-Member Districts D, E and F.
As provided by Article XII of this Charter, the City shall establish boundaries of three additional single-member districts, designated as District D, District E and District F, according to applicable law. Whenever the City Council shall annex additional land into the City, the City Council shall thereafter provide for the inclusion of the annexed land within one (1) or more districts. Not less than once in every ten (10) years, within two (2) years following the date of each decennial federal census, the City Council shall determine the boundaries of each of the districts by ordinance adopted according to applicable law. From time to time, the City Council may amend the boundaries of the districts when, in the City Council’s sole determination, such amendment is necessary so that all districts are drawn and configured to provide equal and fair representation to all citizens of the City.
F.
Upon the
establishment of Districts D, E and F, the Mayor shall be elected
at-large by the qualified voters of the City. The six (6) Councilmembers
shall each be elected from within geographic districts of the City,
as established elsewhere in this Charter, and shall each occupy a
position on the City Council. One (1) Councilmember shall be designated
as Councilmember, District A and shall be elected from District A.
One (1) Councilmember shall be designated as Councilmember, District
B and shall be elected from District B. One (1) Councilmember shall
be designated as Councilmember, District C and shall be elected from
District C. One (1) Councilmember shall be designated as Councilmember,
District D and shall be elected from District D. One (1) Councilmember
shall be designated as Councilmember, District E and shall be elected
from District E. One (1) Councilmember shall be designated as Councilmember,
District F and shall be elected from District F. The six (6) district
Councilmembers shall be elected by the qualified votes cast for the
office of district Councilmember within their respective districts.
G.
Section
12.05 of this Charter shall govern all transitions as provided by
this Charter.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007; Amended by Ordinance 2017-07 at an election held
on November 7, 2017, prop. B)
The Mayor and each Councilmember shall meet the following:
1.
Be a qualified
voter in the City and State at the time of filing for office;
2.
Be a resident
of the City;
3.
Have resided
and lived continuously in the corporate limits of the City for 12
months immediately preceding the date of the election;
4.
Not be in
violation of any provision in this Charter;
5.
Not be a
former paid City employee if such candidate’s last date of City
employment occurred within 12 months immediately preceding the date
of the election; and
6.
Satisfy
any other eligibility requirements prescribed by applicable law for
the office for which they are a candidate.
(Amended by Ordinance 2012-18 at
an election held on November 6, 2012, prop. 1; Amended by Ordinance 2017-07 at an election
held on November 7, 2017, prop. C)
The City Council is the final judge of all elections and the
qualifications of its members and of any other elected officials of
the City.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007)
Each Councilmember shall be paid one hundred dollars ($100.00)
for attendance at each regular, special, or workshop City Council
meeting, and the Mayor shall be paid one hundred fifty dollars ($150.00)
for attendance at each regular, special, or workshop City Council
meeting. Any future increases in compensation for City Council and
the Mayor may be set by ordinance by the City Council. When a Councilmember
or Mayor votes for an increase in compensation that increase shall
not be effective for that Mayor or Councilmember until they have been
elected at a subsequent election, but it shall be effective for any
Councilmember or Mayor elected after the adoption of the increase
in compensation. In addition, each Councilmember shall be entitled
to reimbursement for his/her actual and necessary expenses incurred
in the performance of his/her specific official duties of office.
Said expenses shall be subject to the approval of the City Council.
The policy regulating payment of expenses incurred in performance
of official duty shall be determined by the City Council by Resolution.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007; Amended by Ordinance 2017-07 at an election held
on November 7, 2017, prop. D)
The Mayor shall be the presiding officer of the City Council
and shall be recognized as the head of the City government for all
ceremonial purposes, for emergency management purposes, and by the
governor for purposes of military law. The Mayor may debate and discuss
any matters before the City Council and shall vote on all issues with
the City Council. The Mayor shall, when authorized as necessary by
the City Council, sign all official documents. The Mayor shall appoint,
with the advice and consent of the City Council, the members of citizen
advisory boards and commissions, whose conditions of membership shall
have been set previously by ordinance.
The Mayor shall have no veto power.
The Mayor Pro-Tem shall be a Councilmember elected by the City
Council at the first regular City Council meeting following each regular
City election. The Mayor Pro-Tem shall act as Mayor during the absence
or disability of the Mayor.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007)
A.
Vacancies.
The office of a Councilmember or Mayor shall become vacant upon
the member’s death, resignation, removal from office or forfeiture
of office in any manner authorized by applicable law.
B.
Forfeiture
of Office.
A Councilmember or Mayor shall forfeit office
if that person:
1.
lacks
at any time during the term of office for which elected any qualification
for the office prescribed by this Charter or by applicable law,
2.
violates
any express prohibition of this Charter,
3.
is convicted
of a felony or is convicted of a misdemeanor involving moral turpitude,
4.
ceases
to be a resident of the City,
5.
fails
to attend three consecutive meetings of the City Council without being
excused by the City Council,
6.
violates
the City’s Code of Ethics Ordinance, or
7.
must vacate
office by the mandate of any other applicable law.
C.
Removal
from Office.
If it is alleged that a Councilmember or
the Mayor has forfeited office, the City Council may conduct an investigation
to determine whether forfeiture has occurred. If an investigation
is commenced, the City Council must provide notice to the officer
alleged to have forfeited office and provide the officer with an opportunity
to respond. The officer subject of the investigation may not participate
in the City Council’s deliberation or action on the removal
from office. The City Council may, by five (5) affirmative votes,
remove from office the person found to have forfeited his/her office.
D.
Filling
of Vacancies.
In the event of a single vacancy in the
City Council, and if there are 365 days or more remaining in the term
of the vacated Mayoral or City Council position, the City Council
shall call a special election to fill such vacancy. If there are less
than 365 days remaining in the term of the vacated Mayoral or City
Council position, the City Council may, by majority vote of the remaining
Councilmembers, at its discretion, appoint a new Mayor or Councilmember
to fill such vacancy or call a special election to fill such vacancy.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007; Amended by Ordinance 2012-18 at an election held
on November 6, 2012, props. 2–3; Amended by Ordinance 2017-07 at an election held
on November 7, 2017, props. E–F)
A.
Holding
Other Office.
Except where authorized by applicable law,
no Councilmember shall hold any other elected public office during
the term for which the member was elected to the City Council. No
Councilmember shall hold any other City office or City employment
during the term for which the member was elected to the City Council.
No former Councilmember shall hold any compensated appointive office
or employment with the City until one year after the expiration of
the term for which the member was elected to the City Council. Nothing
in this section shall be construed to prohibit the City Council from
selecting any current or former Councilmember to represent the City
on the governing board of any regional or other intergovernmental
agency.
B.
Appointments
and Removals.
Neither the City Council nor any of its
members shall in any manner control or demand the appointment or removal
of any City administrative officer or employee whom the City Manager
or any subordinate of the City Manager is empowered to appoint.
C.
Interference
with Administration.
Except for the purpose of inquiries and investigations under Section 3.13, the City Council or any of its members shall not dictate to the City Manager the appointment of any person to office or employment. The City Council or its members shall not interfere in any manner with the City Manager in the performance of the duties of that office or prevent the City Manager from exercising the City Manager’s own judgment in the appointment of officers and employees whose employment, appointment, and supervision are reserved by this Charter for the City Manager. The City Council and its members shall deal with the City Staff solely through the City Manager, and neither the City Council, as a body or any individual member, nor any individual not having administrative or executive functions under this Charter shall give orders to any of the subordinates of the City Manager, either publicly or privately.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007; Amended by Ordinance 2017-07 at an election held
on November 7, 2017, prop. G)
Purpose and policy: The City Council by ordinance shall adopt
a code of ethics to establish guidelines for high ethical standards
in official conduct by City officials, board, committee, and commission
members and provide penalties for violations.
(Amended by Ordinance 2017-07 at
an election held on November 7, 2017, prop. H)
A.
Regular
and Special Meetings.
The City Council shall meet at
least once each month at a time and place which the City Council may
prescribe by rule. Special meetings may be called by the Mayor on
the Mayor’s own motion. On written request of three (3) Councilmembers,
the Mayor shall call a special meeting. Notice of the date, place,
time and subject of each meeting shall be in accordance with applicable
law.
B.
The City
Council shall by resolution determine its own rules and order of business.
The City Manager or his/her designee shall prepare the agenda for
each meeting in compliance with the Texas Open Meetings Act and shall
administer the placement of items in a fair manner. Provision shall
be made for the taking of minutes, which shall be a public record.
Four members of City Council shall constitute a quorum.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007; Amended by Ordinance 2017-07 at an election held
on November 7, 2017, prop. I)
A.
Passage.
Ordinances shall be introduced to the City Council only in written
or printed form. The subject or subjects of all ordinances shall be
clearly expressed in the title. Except as may otherwise be prescribed
in this Charter, an ordinance shall not be finally passed at the meeting
of the City Council at which it is first introduced, but it shall
then be read, and the City Council will determine whether it shall
be rejected or further considered at a subsequent meeting of the City
Council. If rejected, no further action shall be required. Upon second
reading, the ordinance may be adopted and enacted. The affirmative
vote of four or more members of the City Council is required to enact
any ordinance, unless a greater number is required by applicable law
or this Charter.
B.
During the
first reading of an ordinance, the City Council may determine that
the first reading is sufficient for adequate consideration. A motion
for first and only reading of an ordinance may be made and passed
upon the affirmative vote of five or more members of the City Council.
The City Council may then proceed to vote, pass, and adopt the ordinance
on the first reading.
C.
Enacting
Clauses; Signature and Authentication.
The enacting clause
of all ordinances shall be “BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BUDA, TEXAS;” and every ordinance shall be signed
by the Mayor or the Mayor Pro-Tem and authenticated by seal and signature
of the City Clerk.
D.
Ordinances.
The caption or title and penalties of every ordinance imposing
any penalty, fine, or forfeiture shall, as soon as practical after
passage thereof, be published one (1) time in the official newspaper(s)
of the City. Any franchise, the regulation of land use or development
of real property shall be enacted by ordinance. All ordinances granting,
confirming, extending, renewing, or amending a franchise shall be
accepted in writing by the grantees and shall be published as otherwise
provided in this Charter.
E.
Effective
Date.
Every ordinance shall become effective upon adoption
or at any later time(s) specified in the ordinance, except that every
ordinance imposing any penalty, fine or forfeiture shall become effective
only after having been published once in its entirety, or a caption
that summarizes the purpose of the ordinance and the penalty for violating
the ordinance in a newspaper designated as the official newspaper
of the City. An ordinance required to be published under this section
shall take effect when the publication requirement is satisfied unless
provided otherwise in the ordinance.
F.
Codification
of Ordinances.
The City Council shall have the power
to cause the ordinances of the City to be corrected, amended, revised,
codified and printed in code form as often as the City Council deems
advisable, and such printed code, when adopted by the City Council,
shall have full force and effect without the necessity of publishing
the same or any part thereof in a newspaper. All printed ordinances
or codes of ordinances shall be admitted as evidence in all courts
without proof, and shall have the same force and effect as did the
original ordinance.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007; Amended by Ordinance 2017-07 at an election held
on November 7, 2017, prop. J)
The City Council shall have the power to inquire into the official
conduct of any department, agency, appointed boards, office, officers,
employees or appointed board members of the City. For this purpose,
the City Council shall have the power to administer oaths, subpoena
witnesses, compel the production of books, papers, and other evidence
material to the inquiry. The City Council shall provide, by ordinance,
a procedure for conducting City Council investigations and penalties
for contempt in failing or refusing to obey any such subpoena or to
produce any such books, papers or other evidence. The City Council
shall have the power to punish any such contempt in the manner provided
by such ordinance.
(Adopted by Ordinance 071114 at
an election held on November 6, 2007; Amended by Ordinance 2017-07 at an election held
on November 7, 2017, prop. K)
