(A) The Council
shall consist of nine (9) members consisting of a Mayor and eight
(8) Councilmembers. The Mayor and the eight Councilmembers shall be
elected for terms of two (2) years each. The term lengths provided
by this paragraph shall become effective upon and after May 15, 2004.
(B) The Mayor
shall be nominated and elected by the qualified voters of the entire
City and may reside anywhere within the City. The eight Councilmembers
shall be elected from eight (8) districts established by ordinance
and shall be nominated and elected by the qualified voters of the
respective Council district of such member.
(C) One (1) Councilmember shall be elected from each of the eight districts established by ordinance. The districts shall be designated as District 1, 2, 3, 4, 5, 6, 7 and 8. A candidate for Councilmember must at the time of his or her election or appointment have resided continuously within the Council district for which the candidate is running for office, or within the City if he or she is a candidate for Mayor, for a minimum of one (1) year. Failure to continuously reside within the district from which a Councilmember is elected or appointed, other than due to a change resulting from realignment of Council district boundaries, shall constitute immediate termination of office. A person who, by reason of the application of the term limitations provided in subsection
(D), below, would not be able to serve a full term of office, is disqualified to be a candidate for or to serve in that office. The provisions of this subsection shall be and become effective on and after May 15, 2018.
(D) A person
may serve as a member of the Council other than Mayor for three (3)
consecutive terms but thereafter shall not again be eligible to serve
in any district on the Council except Mayor until at least one complete
term has elapsed. A person may serve three (3) consecutive terms as
Mayor but thereafter shall not again be eligible to serve as Mayor
until at least one complete term has elapsed. A person who has served
as Mayor may not serve as a member of the City Council until at least
one year has elapsed from the end of the term for which that person
was elected. A “term” as used in this paragraph, shall
include any period of service during a term of office when that period
is in excess of one (1) year, and a period of service shall be considered
“consecutive” so long as the person affected has served
any amount of time within the preceding term.
(E) In the event
the Mayor or a Councilmember vacates his or her office prior to the
end of the scheduled term, the Mayor or Councilmember vacating his
or her respective office shall not again be eligible to serve on the
Council in the same capacity until one complete term subsequent to
the term for which he or she was elected or appointed has elapsed.
(F) Within one
year after a decennial federal census as mandated by Article I §
2 of the United States Constitution has been performed and finalized,
and each five years thereafter, prior to the calling of the regular
City election, the Council shall redivide and readjust by ordinance
the boundaries of the eight Council districts of the City for the
purpose of keeping such districts as nearly equal in population as
is practical.
(Ordinance 4184 adopted 2/16/88; Ordinance 4208 adopted 5/10/88; Ordinance
5443 adopted 2/15/00; Ordinance 5463 adopted 5/9/00; Ordinance 5807 adopted 2/17/04; Ordinance 6095, sec. 2, adopted 3/20/07; Ordinance 6131 adopted 5/21/07; Ordinance 6991, props. C–D, adopted 5/15/18)
Each member of the Council shall, in addition to the other qualifications
prescribed by law, be, at the date of his or her election, a qualified
voter of the City and shall not be in arrears in the payment of municipal
taxes, municipal utility charges or any other lawful monetary obligation
to the City. A member of the Council ceasing to reside in the City
or if convicted of a felony or Class A misdemeanor shall immediately
forfeit his or her office.
(Ordinance 6095, sec. 2, adopted 3/20/07; Ordinance 6131 adopted 5/21/07)
From and after October 1, 2018, the Mayor shall receive compensation
in the base amount of five hundred and seventy five dollars ($575.00)
per month, each Councilmember shall receive compensation in the base
amount of two hundred and eighty-eight dollars ($288.00) per month,
and all members of the Council shall receive compensation in the base
amount of seventy-two dollars ($72.00) for each work session attended
by the member preceding a regular Council meeting, and for each regular
meeting of the Council attended by the member. Each Councilmember
shall be entitled to reimbursement of reasonable expenses incurred
in the performance of their official duties when approved by the Council.
(Ordinance 4763 adopted 4/5/94; Ordinance 4777 adopted 5/10/94; Ordinance
5443 adopted 2/15/00; Ordinance 5463 adopted 5/9/00; Ordinance 6991, prop. E, adopted 5/15/18)
The Mayor shall preside at meetings of the Council and shall
be recognized as the head of the City government for all ceremonial
purposes but shall have no regular administrative duties. He shall
sign all municipal bonds, deeds of conveyances, vouchers, checks and
orders as herein prescribed, and all instruments where the executive
head of the City shall be required to act and shall perform all other
duties as may be imposed on him by law and the ordinances of the City.
The Council shall elect from its members a Mayor Pro Tempore
who shall perform the duties of Mayor in case of the absence or disability
of the Mayor. In case of the absence or disability of both the Mayor
and the Mayor Pro Tempore, the remaining members of the Council shall
elect one of the members to act as Mayor.
(A) In the event
a vacancy in the office of Mayor or City Council occurs, the City
Council shall call a special election in accordance with state law
and the Texas Constitution. However, where (i) the member vacating
his or her office is unable or unwilling to hold-over until such time
as the vacancy may be filled pursuant to a lawful election, (ii) the
Governor of the State of Texas does not call an election to fill the
vacancy after being petitioned by the City, and (iii) a special election
cannot be called within 120 days, then the remaining members of the
Council may by a three-fourths super-majority vote appoint a qualified
person to fill the vacancy.
(B) In the event
the City Council elects to appoint a qualified person to fill a vacant
seat, upon expiration of the partial term for which he or she was
appointed, that person shall not again be eligible to serve in the
same capacity on Council until one complete subsequent term of office
has elapsed. An appointment by Council shall be for an interim term
until such time as a special election may be called in accordance
with state law and the Texas Constitution or until the current term
expires. The Mayor or Councilmember vacating an office shall remain
in office, if still qualified, until such time as a successor is sworn
into the vacated office.
(Ordinance 4184 adopted 2/16/88; Ordinance 4208 adopted 5/10/88; Ordinance
5807 adopted 2/17/04; Ordinance 6991, prop. F, adopted 5/15/18)
Any five (5) members of the Council shall constitute a quorum
for the transaction of business, and the affirmative vote of five
(5) members of the Council shall be necessary to take any action in
the name of the City or to adopt or repeal any ordinance or resolution.
Voting shall be by “aye” or “no” on
roll call. All members of the Council present, including the Mayor
(except as herein provided to the contrary), shall vote upon every
motion and the vote of each member shall be recorded in the minutes.
Any member refusing to vote shall be entered on the record as voting
“no.”
The Mayor or two (2) other members of the Council may call special
meetings by giving written 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.
The Council shall prescribe by ordinance or resolution the time
for its regular meetings and there shall not be less than two (2)
regular meetings in each calendar month.
Regular meetings of the Council shall be held at City Hall or
other location designated by Council within the city limits.
(Ordinance 6991, prop. G, adopted 5/15/18)
At the first regular meeting of the Council in January of each
year, the Council shall adopt its own rules and order of business
by a majority vote of five (5) of the Council. In the event the Council
does not amend the rules and order of business at the first regular
meeting, the rules and order of business in effect for the prior year
shall be deemed to be adopted by the Council. However, these rules
may be amended at any time by a majority vote of five (5) members
of the Council. The Council shall cause and require the City Secretary
to keep a permanent record or journal reflecting the minutes of these
proceedings and the permanent record or journal shall always be open
to public inspection. Minutes of all meetings of the Council shall
be promptly entered within seventy-two (72) hours in the journal or
minute book of the Council and the City Secretary shall at the same
time provide a permanent and adequate index showing the action of
the Council in regard to all matters submitted to it at both regular
and special meetings.
(Ordinance 6991, props. H–I,
adopted 5/15/18)
All meetings of the Council shall be conducted in accordance
with the Texas Open Meetings Act and the rules of the Council shall
provide that citizens of the City shall have a reasonable opportunity
to be heard at any such meeting, in regard to any matter then under
consideration.
(Ordinance 4402 adopted 2/20/90; Ordinance 4420 adopted 5/7/90)
If, at any time, any member of the Council, or any officer,
boardmember or commissioner appointed by the Council, files to become
a candidate (as defined by State law) in any general, special, or
primary election for any office of profit or trust under the laws
of this State or the United States other than the office then held,
such candidacy shall constitute a resignation of the office then held,
and the vacancy thereby created shall be filled pursuant to this Charter
in the same manner as other vacancies for such office are filled.
The Mayor or other member of the City Council vacating their respective
office shall remain in office until such time as a successor is sworn
into the vacated office.
(Ordinance 4184 adopted 2/16/88; Ordinance 4208 adopted 5/10/88; Ordinance
5443 adopted 2/15/00; Ordinance 5463 adopted 5/9/00; Ordinance 5807 adopted 2/17/04; Ordinance 6991, prop. J, adopted 5/15/18)