The governing and law-making body of the City of DeSoto shall
consist of a Mayor and six (6) Councilmembers, and said body shall
be known as the “City Council of the City of DeSoto.”
The members of the City Council of the City of DeSoto shall be the
only elective officers of the City. Members of the City Council shall
run for office by place, elected at large by the qualified voters
of the entire City, and shall, except the Mayor, reside in correspondingly
numbered geographical districts of the City established by ordinance
based on equality of population. The Council may appoint a commission
to recommend establishment of district boundaries and any subsequent
adjustments in order to maintain a substantial equality of population
in each district. Candidates shall have resided within the district
to which they seek election for at least one (1) year next preceding
the election at which they are candidates, and must, if elected, continuously
reside within the district during the person’s term of office.
The Mayor may be a resident of any district of the City and shall
be elected at-large by the voters of the entire City.
The Mayor and Councilmembers shall be elected for staggered
terms of three (3) years or until their successors have been elected
and take office as provided in this charter.
A person who has served as a councilmember for six (6) or more
consecutive years shall not be eligible to become a candidate for,
or to serve as, a councilmember for any place on the City Council,
except Mayor, until at least one (1) year has elapsed from the expiration
of such person’s previous term of office. A person who has served
as Mayor for six (6) or more consecutive years shall not be eligible
to become a candidate for, or to serve in, any place on the City Council,
including Mayor, until at least one (1) year has elapsed from the
expiration of such person’s previous term of office as Mayor.
The Mayor shall be compensated in the amount of One Thousand
Two Hundred Fifty Dollars ($1,250.00) monthly effective January 21,
2021; and, Councilmembers shall be compensated for their duties in
the amount of One Thousand Dollars ($1,000.00) monthly effective January
21, 2021. The City Council shall be required to amend the Council
Rules and Procedures to adopt a minimum attendance policy for such
compensation.
(Ordinance 2220-20, prop. B, adopted 12/1/20)
No person elected to the City Council shall, during the term
for which the person was elected, be appointed to any board or commission
of the City, nor to any paid or unpaid office or position in the service
of the City. A Corporation is not an office, position, or board or
commission of the City nor shall the office or position of board of
director of a nonprofit corporation for which the City Council has
authority to appoint one or more directors be considered a position,
office, board or commission of the City. Members of the City Council
may be appointed to the board of directors of the DeSoto Development
Corporation for terms not to exceed six (6) months.
If a member of any board or commission appointed by the Council,
or any appointed position or office of the City shall announce his
or her candidacy, or in fact become a candidate for nomination or
election to any publicly elected office such person shall forfeit
his or her place or position with the City effective upon election
to and qualification for such publicly elected office.
An employee of the City who shall announce his or her candidacy,
or in fact become a candidate for nomination or election to any publicly
elected office which would conflict with his or her position with
the City, shall forfeit his or her employment with the City effective
upon election to and qualification for such publicly elected office.
Should the Mayor or a City Councilmember, who is serving a three
(3) year term, announce his or her candidacy, or in fact become a
candidate, 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, at any time when the unexpired term
of the office then held shall exceed one (1) year, such announcement
of such candidacy shall constitute an automatic resignation of the
office then held, and the vacancy thereby created shall be filled
pursuant to law in the same manner as other vacancies for such office
are filled.
(Ordinance 2324-23 adopted 7/18/2023)
Each of the six (6) Councilmembers, the Mayor and candidates
running for these offices shall be a citizen of the United States
of America and a qualified voter of the State of Texas, shall be at
least 18 years of age, shall have resided for at least 1 year within
the Council-represented district prior to the date of election to
which he or she seeks election, except for the Mayor, who may be a
resident of any district of the City, Councilmembers shall continuously
reside within the district from which he or she was elected during
the person's term of office, except for the Mayor, who may reside
in any area of the City.
A member of the Council ceasing to possess any of the qualifications
specified under state law or in this section or any other section
of this Charter, or if convicted of a felony while in office, shall
immediately forfeit his or her office. No member of the Council shall
hold any other public office except as provided in the Constitution
of the State of Texas.
(Ordinance 2324-23 adopted 7/18/2023)
The City Council shall be the judge of the election and qualifications
of its own members and of the Mayor, and for such purpose shall have
power to subpoena witnesses and require the production of records.
In the event a vacancy occurs in the office of Mayor or Councilmember
from any cause whatsoever, such vacancy shall be filled by a special
election to be held within one hundred twenty (120) days after the
vacancy occurred or as may otherwise be required by the Texas Constitution;
provided however a vacancy in the office of Mayor or Councilmember
may upon four (4) affirmative votes of the Council, be filled by appointment
by the Council if the vacancy created is for an unexpired term of
office of twelve (12) months or less. The Mayor or Councilmember thus
elected or appointed shall serve for the unexpired portion of the
vacant position.
All powers and authority which are expressly or explicitly conferred
on or possessed by the City shall be vested in and exercised by the
City Council, provided however, that the Council shall have no power
to exercise those powers which are expressly conferred upon other
City officers by this Charter.
The Mayor of the City shall preside over the meetings of the
City Council and perform such other duties consistent with the office
as may be imposed upon the Mayor by this Charter and the ordinances
and resolutions passed in pursuance hereof. The Mayor may participate
in the discussion of all matters coming before the Council and shall
be entitled to vote, but shall have no veto power. The Mayor shall
sign all contracts and conveyance made or entered into by the City
and all bonds issued under the provisions of this Charter, as may
be required by law. The Mayor shall be recognized as the official
head of the City by the Governor for the purpose of enforcing military
law, and on all ceremonial purposes. In time of danger or emergency,
the Mayor may with the consent of the Council take command of the
police and govern the City by proclamation and maintain order and
enforce all laws.
The Mayor Pro Tem shall be selected from among the six (6) Councilmembers
at the first regular meeting following either the general city election
or run-off election, if such occurs, and shall serve in the absence
or disability of the Mayor and shall perform all the Mayor’s
duties.
(Ordinance 2220-20, prop. C, adopted 12/1/20)
The City Council shall appoint or remove an officer of the City,
who shall have the title of City Secretary and who shall give notice
of the council meetings, shall keep minutes of its proceedings[,]
shall authenticate by his or her signature, and record in full in
a manner permitted by law all ordinances and resolution[s], shall
preserve and keep in order all books, papers, records and files of
the City Council, shall serve as agent for civil process for lawsuits
against the City, shall have custody of the seal of the City, and
shall affix same to such documents and obligations only of the City
as legally authorized to do and shall perform such other duties as
shall be required by this Charter or by the City Council. To perform
the duties during temporary absence or disability, the City Secretary,
by letter filed with the City Secretary’s office, may designate
a qualified employee to perform the duties during a temporary absence
or disability. In the event of the failure of the City Secretary to
make such designation, the Council may by resolution appoint an employee
of the City to perform such duties until the City Secretary shall
return or the disability shall cease.
The City Council shall appoint or remove a City Attorney who
shall be a competent attorney, duly licensed and admitted to the practice
of law by the State of Texas. The City Attorney shall be legal advisor
of and attorney for all officers of the City and shall represent the
City in all litigation and legal proceedings. The City Attorney shall
review every ordinance before it is acted upon by the Council.
(Ordinance 2324-23 adopted 7/18/2023)
The City Council shall hold at least two (2) regular meetings
in each month at a time to be fixed by it for such regular meetings,
to be designated by ordinance or resolution. The City Council may
hold as many additional meetings during the month as may be necessary
for the transaction of the business of the City and its citizens.
The Council may, upon a majority vote, cancel a regular or special
City Council meeting.
(Ordinance 2324-23 adopted 7/18/2023)
The City Council shall determine its own rules of procedure
and order of business and may compel the attendance of its members.
Five (5) members of the City Council shall constitute a quorum for
purposes of voting on any matter to be considered by the City Council;
however, the affirmative vote of at least four (4) of those attending
any meeting at which there is a quorum present shall be necessary
to adopt any ordinance or resolution. All meetings of the City Council
shall be open to the public, except as otherwise as permitted by state
law, and minutes of all proceedings shall be kept, to which any citizen
may have access at all reasonable times and which shall constitute
one of the archives of the City. The vote upon the passage of all
ordinances and resolutions shall be taken by ayes and nays made in
open meeting by a canvass of the Council, and the vote of each Councilmember
shall be entered upon the minutes, and every ordinance or resolution,
upon its final passage, shall be recorded in a manner permitted by
law and shall be authenticated by the signature of the presiding officer
and the City Secretary.
(Ordinance 2324-23 adopted 7/18/2023)
The City Council shall legislate by ordinance and the enacting
clause of every clause shall be: “Be it ordained by the City
Council of the City of DeSoto.”
The City Attorney shall approve all ordinances adopted by the council as to the legality thereof. Every ordinance enacted by the Council shall be signed by the Mayor or Mayor Pro Tem and shall be filed with and recorded by the City Secretary. The caption of all ordinances enacted by the City Council shall be read in open meeting at one regular or special City Council meeting. All ordinances, unless otherwise provided by law or by the terms of such ordinance, shall take effect in accordance with Article
II, Section
13.
Except as otherwise provided by law, or by this Charter, the
City Secretary shall give notice of the enactment of every ordinance
imposing any penalty, fine or forfeiture for any violation of any
of its provisions and of every other ordinance required by law, or
this Charter, to the public, by causing the said ordinance, or its
caption and penalty, to be published at least one time after final
passage thereof in the official newspaper of the City, or as otherwise
allowed by state law. The affidavit of such publication by the publisher
of such newspaper, taken before any officer authorized to administer
oaths, and filed with the City Secretary shall be conclusive proof
of the legal publication and promulgation of such ordinance in all
courts. Such ordinance shall take effect after the date of final publication.
(Ordinance 2324-23 adopted 7/18/2023)
All ordinances of the City of DeSoto adopted prior to the adoption
of this Charter and not inconsistent with the provisions of this Charter
shall remain in full force and effect until altered, amended or repealed
by the City Council.
All official actions taken by the City of DeSoto, its City Councils
or other City officials, and all previous elections, contracts, bonds,
warrants and other evidences of indebtedness and any annexations,
prior to the adoption of this Home Rule Charter, are hereby adopted,
validated, confirmed and ratified.
The City Council shall have the power to cause the ordinances
of the City of DeSoto to be printed in code form and shall have the
same arranged and digested as often as the Council may deem advisable;
however, failure to print the ordinances as herein provided shall
not affect the validity of same.
The incumbent City Council members shall continue in office
for the term to which they were elected or until their successors
shall have been elected or appointed and shall have qualified.