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)
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.