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)