(a)
Findings.
(1)
By Ordinance No. 18-06-04(22.035), adopted on June 18, 2018, the
city council affirmed that the terms of office of the members of the
council, particularly the mayor, were consistent with article 11,
section 11 of the Texas Constitution.
(2)
The city council subsequently became aware of and was provided a
copy of the Order of the United States District Court, Lubbock Division,
in the case of Irene Conego v. City of Seagraves, Civil Action No.
CA 5-91-140-C, dated October 23, 1991 (the “court order”).
(3)
Said order recognized that the parties had settled the case and included
a copy of the “Compromise Settlement Agreement” (the “settlement
agreement”) whereby the parties agreed to certain terms and
conditions.
(4)
The settlement agreement provided the following:
(A)
The number of councilmembers on the city council shall remain at
five;
(B)
The city shall be divided into five single-member districts as depicted
on an attached map, the total population and ethnicity being depicted
on an additional exhibit;
(C)
The mayor shall be elected by majority vote;
(D)
Resident voters shall be entitled to elect one member of the city
council;
(E)
A candidate for a single-member district need not be a resident of
that district;
(F)
Council members who represent a single-member district need not reside
in that district;
(G)
Any vacancy on the council by death, resignation or otherwise shall
be filled by appointment of the council, such person appointed being
a registered voter and resident of the city;
(H)
Such appointee shall serve until the next regular election for the
position to which he or she was appointed;
(I)
The term of office for a member of the council, including the mayor,
shall be three years;
(J)
Members of the council shall serve staggered terms (with the years
of election in each district identified in the agreement);
(K)
Elections shall be held on the first Saturday in May or on a date
chosen by the council pursuant to the Texas Election Code except in
the event of a conflict, in which case the settlement agreement will
prevail;
(L)
At each election for a single-member district position the candidate
receiving a majority of votes shall be elected and if no candidate
receives a majority a runoff election shall be held between the two
candidates who received the highest number of votes;
(M)
The council shall adopt an order implementing the electoral plan
called for in the settlement agreement; and
(N)
Additional provisions related to pre-clearance, release of the city
by the plaintiff, her heirs and assigns, no admission of liability
by the city, and other details regarding the settlement and award
of attorneys’ fees.
(5)
Records of the city regarding the adoption of an order implementing
the electoral plan, as well as other details related to compliance
with the court order and the settlement agreement since 1992, are
missing or have not been located.
(6)
The practices of the city in regard to the terms of office of the
mayor and council members have not been strictly adhered to by the
city in recent years.
(7)
The current mayor of the city, Charles Evans, was appointed to fill
a vacancy in that office by unanimous vote of the council for a three-year
term of office and members of the city council elected prior to 2019
were elected by the voters for terms of two years each.
(8)
The city council desires to affirm its understanding with regard
to said court order and settlement agreement and its intent to adhere
to the same and to discontinue any practice inconsistent with the
court order and settlement agreement until such time, if ever, that
said order and agreement are withdrawn, overruled, amended, or otherwise
modified.
(9)
It is the desire of the city council to give effect to the will of
the voters of the city in all past elections.
(10)
The current mayor of the city, Charles Evans, was appointed in 2018
to fill a vacancy in that office by unanimous vote of the council
for a three-year term of office.
(11)
The current members of the city council for the five districts in
the city, the year of their election, and the term of office for which
they were elected are as follows:
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District 1: Shannon Wadzeck elected in 2018 for a two-year term.
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District 2: Debra Middleton elected in 2018 for a two-year term.
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District 3: Kendra Sellers elected in 2017 for a two-year term.
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District 4: Cindy Durham elected in 2017 for a two-year term.
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District 5: Ruben Valles elected in 2017 for a two-year term.
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(12)
The next municipal election for the city will be on May 4, 2019,
at which time council members are to be elected for Districts 3, 4,
and 5.
(13)
In order to hereafter comply with said court order and settlement
agreement the city council desires to specify the terms of office
for officers elected in 2019 and thereafter.
(b)
Commencing
on the effective date of this section, the city shall adhere to and
comply with the terms of the court order and settlement agreement
as set out in the recitals above and stated in those documents, which
are attached to Ordinance 19-01-14A as exhibit A and incorporated
herein for all purposes. In the event of any conflict or inconsistency
between this section and the court order and settlement agreement,
the court order and settlement agreement shall prevail.
(c)
Council
members elected to office at the municipal election held on May 4,
2019 and thereafter shall be elected for a term of office of three
years.
(d)
The
term of office of the mayor shall hereafter continue to be three years.
(Ordinance 18-08-13 adopted 8/13/18; Ordinance 19-01-14A adopted –/–/19)
(a)
Definitions.
For the purposes of this section, the following
words and phrases shall have the meanings respectively ascribed to
them by this subsection:
(b)
Compensation; payment of salaries.
The procedure for
the payment of salaries of the council members of the city is established
as follows:
(1)
The city councilmembers and the mayor will be paid annually on or
before December 31st of each calendar year, but not prior to December
1st.
(2)
The salary for the members of the council commencing January 1st,
2015 shall be set at the sum of ten dollars ($10.00) per regular meeting
of the council attended.
(3)
The salary for the mayor commencing January 1st, 2015 shall be set
at the sum of ten dollars ($10.00) for each regular meeting of the
council attended.
(4)
City councilmembers and the mayor shall only be compensated for meetings
actually attended, and the compensation so fixed pursuant to this
section shall not be increased or diminished and this section shall
have no effect upon those members of the council or the mayor of the
city during the term for which such member was elected or appointed
and this section will not be effective upon each individual council
member or the mayor until such time as he or she is re-elected.
(5)
The salaries of the city councilmembers and the mayor are subject
to any and all applicable local, state, or federal tax and withholding.
(c)
Indemnity against legal costs.
(1)
By virtue of being a member of the governing body of the city, the
city councilmembers and mayor shall each qualify for indemnification
by the city for the legal costs and fees incurred by such mayor or
councilmember by virtue of any lawsuit, complaint to a state or federal
agency, or similar action that may be brought against any of them
in their individual capacities while acting in their official capacities.
This indemnity shall remain effective without limit for any claim
that may arise relating to their term of office.
(2)
The indemnification and coverage of legal costs and fees described in subsection (c)(1) of this section shall not apply in the event that either a court of competent jurisdiction holds or a majority of the city council determines in good faith based on reliable and reasonable evidence that the councilmember or mayor knowingly exceeded his or her authority, acted intentionally and maliciously, and caused damages or injury to another person without the approval of the city council.
(d)
Waiver of compensation.
The mayor and each councilmember
may request in writing at any time to decline compensation.
(e)
Forfeiture of accrued pay.
If at any time prior to December
31st, a councilmember or mayor leaves office for any reason his or
her accrued pay shall be forfeited.
(Ordinance 2014-12-15 adopted 12/15/14; Ordinance adopting Code)
The single-member district boundary lines for the city are hereby
amended and designated as the official final plan regarding redistricting
of the five city council single-member districts as shown on the map
labeled as exhibit “A” to Ordinance 21-12-13-a; as further
described in the tables showing population numbers and demographic
statistics labeled as exhibit “B” to Ordinance 21-12-13-a,
such exhibits are incorporated by reference into and made a part of
this section, and kept on file in the city secretary’s office.
(Ordinance 21-12-13-a adopted 12/13/21)
