The council shall consist of a mayor and five (5) councilmember
who shall be elected in the manner provided by this Charter to serve
for a term of two (2) years or until their successors have been elected
and have qualified. The terms of office of three (3) council positions
shall be staggered one (1) year from those of the mayor and the other
two (2) positions.
At the time of his/her election, the mayor and each councilperson
shall be a qualified voter of the city, shall have resided in the
city and in his/her district at least one (1) year immediately preceding
his/her election, and shall hold no other elective public office,
appointive city office, nor be an employee of the city. Members of
the council must resign before seeking another public office unless
the election is held at the expiration of his/her term. If the mayor
or any councilperson shall cease to possess any of the above-mentioned
qualifications or be convicted of a felony, his/her office shall immediately
become vacant.
(Amnd. by referendum 2/6/86)
Vacancies in the council, including the office of mayor, shall
be filled by appointment by the remaining members of the council,
provided, however, that in the event two (2) or more vacancies occur
at the same time, such vacancies shall be filled at a special election
to be called by the remaining members of the council.
Where only one (1) vacancy in the city council, including the
office of mayor is filled, the appointee filling the vacancy shall
hold the office for the unexpired term of his/her predecessor.
(Amnd. by referendum 4/4/72)
All powers of the City of Edna, and the determination of all matters of policy shall be vested in the city council. Except where in conflict with and otherwise expressly provided by this Charter, the city council shall have all powers authorized to be exercised by the city council by Chapter
4 of Title 28, Vernon’s Annotated Civil Statutes, and acts amendatory thereof and supplementary thereto, now or hereafter enacted, without limitation of the foregoing and among the other powers that may be exercised by the council, the following are hereby enumerated for greater certainty:
(1) Appoint
and remove the city manager.
(2) Establish
other administrative departments and distribute the work of the divisions.
(3) Adopt the
budget of the city.
(4) Authorize
the issuance of bonds by a bond ordinance.
(5) Inquire
into the conduct of an office, department or agency of the city and
make investigations as to municipal affairs.
(6) Provide
for a planning commission, a zoning commission and board of adjustment,
and appoint the members of such commissions and boards. The planning
and zoning commissions may be combined. Such boards and commissions
shall have all powers and duties now or hereafter conferred and created
by this Charter, by city ordinance or by law.
(8) Adopt and
modify the official map of the city.
(9) Adopt, modify
and carry out plans proposed by the planning commission for the replanning,
improvement and redevelopment of neighborhoods and for the replanning,
reconstruction or redevelopment of any area or district which may
have been destroyed in whole or in part by disaster.
(10) Adopt,
modify and carry out plans proposed by the planning commission for
the clearance of slum districts and rehabilitation of blighted areas.
(11) Regulate,
license and fix the charges or fares made by any person 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.
(12) Provide
for the establishment and designation of fire limits and to prescribe
the kind and character of buildings or structures or improvements
to be erected therein, and to provide for the erection of fireproof
buildings within certain limits, and to provide for the condemnation
of dangerous structures or buildings or dilapidated buildings calculated
to increase the fire hazard, and the manner of their removal or destruction.
(Amnd. by referendum 4/2/68)
The council shall have the power to inquire into the official
conduct of any department, agency, office, officer, or employee of
the city, and into any other matters of proper concern to the Municipal
Government. For this purpose the council shall have the power to administer
oaths, subpoena witnesses, and to compel the production of books,
papers, and other evidence material to the inquiry. The council shall
provide by ordinance, penalties for contempt in failing or refusing
to obey any such subpoena or to produce any such books, papers, or
other evidence, and shall have the power to punish any such contempt
in the manner provided by that ordinance.
Neither the council nor any of its members shall direct the
city manager or any of his/her subordinates to appoint or to remove
from office or employment any person except a person whose office
is filled by appointment of the council under the provisions of this
Charter. Except for the purpose of inquiry and investigation, the
council and its members shall deal with the administrative services
of the city solely through the city manager; and neither the council
nor any member thereof shall give orders to any subordinate of the
city manager, either publicly or privately.
In the event of a vacancy in the office of city manager, the
mayor shall act as city manager until such time as the city council
can meet and appoint a temporary or acting manager.
(Amnd. by referendum 4/1/78; Ordinance 84-02 adopted 2/15/84)
The mayor shall be elected in the manner provided by this Charter
to serve for a term of two (2) years or until his/her successor has
been elected and qualified. The mayor shall preside at all meetings
of the council and shall be recognized as head of the city government
for all ceremonial purposes, for the purpose of receiving service
or civil process, for emergency purposes, and for military purposes,
but he/she shall have no regular administrative duties. The mayor,
as a member of the council, shall be entitled to vote only in case
of a tie and shall have no veto power. At its first regular meeting
following each regular election of council members, the mayor shall
appoint one of its members as mayor pro-tem, subject to approval by
the council.
The mayor pro-tem shall serve for one (1) year and shall act
as mayor during the absence or disability of the mayor, and shall
have power to perform every act the mayor could perform if present.
There shall be regular meetings of the council which shall be
held at such times and places as shall be prescribed by ordinance
or resolution. Special meetings which shall be for a specific purposes
(or purposes) may be called at any time by the city manager upon request
of the mayor or three (3) councilmember and no action shall be taken
on other matters. Notice of special meetings shall be given to each
member of the council at his/her regular address. Such notice shall
include statement of the purpose of the special meeting.
a) Minutes of
all meetings of the council shall be promptly entered within seventy-two
(72) hours on the minute book of the council, and the city secretary
shall 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. Minutes shall be kept in written or recorded
form.
b) The city council
shall fix the compensation, if any, to be received by its members
for attendance at its meetings. They shall be entitled to reimbursement
of and for necessary expenses incurred in the performance of their
official duties, when approved by the council.
c) All meetings
of the city council shall be held in accordance with the legal requirements
of the Texas Open Meeting Law.
(Amnd. 4/7/70; Amnd. 4/1/78; Amnd. at an election
held May 1, 2021)
The council shall by ordinance determine its own rules and order
of business. A quorum of the council, which shall consist of three
(3) councilmember and the presiding officer, shall be necessary for
the transaction of business, but no ordinance shall, be of any force
or effect unless it is adopted by the favorable votes of a majority
of the council. A majority of the council shall consist of three (3)
councilmember or two (2) councilmember and the presiding officer.
If a member of the council is absent from three (3) consecutive regular
meetings without explanation acceptable to a majority of the council,
he/she may be removed from office at the next regular meeting. The
council may adopt such rules and prescribe such penalties as it may
see fit to enforce the attendance of its members at all regular and
called meetings of the council or its committees. Minutes of all meetings
of the council shall be taken and recorded by the city secretary or
one of his/her assistants, and such minutes shall constitute a public
record.
(Amnd. by referendum 4/5/80)
The council shall legislate by ordinance only, and the enacting
clause of every ordinance shall be “Be it ordained by the City
Council of the City of Edna.” All ordinances, unless otherwise
provided by law or this charter or by the terms of such ordinance,
shall take effect immediately upon the final passage thereof.
Each proposed ordinance or resolution shall be introduced in
written or printed form and shall not contain more than one (1) subject
which shall clearly be expressed in the title, except ordinances or
resolutions making appropriations or authorizing the contracting of
indebtedness or issuance of bonds. No ordinance, unless it be declared
an emergency measure, shall take effect until it has been passed,
read and voted upon at two (2) regular meetings of the city council
and the caption thereof printed once in the official newspaper. No
ordinance imposing any fine, penalty or forfeiture shall take effect
until ten (10) days after the caption thereof has been published.
The Code of Ordinances adopted on January 10, 1962, shall continue
in effect and council shall revise, expand or recodify as may be required
by law or the needs of the city. A printed copy of the city’s
Code of Ordinances shall be admitted in evidence in all courts of
the existence and regular enactment of all ordinances herein set forth.
(Amnd. by referendum 4/2/68; amnd. by referendum 4/2/74)