The Council shall consist of seven (7) members, a Mayor and six (6) Councilmembers, elected from the Town at-large-by-place in the manner provided in Article V, for a term of three (3) years or until their successors have been elected and take office as provided in Article V. Each Councilmember shall be elected to and occupy a place on the Council, such Places being numbered (e.g., Place 1, Place 2, Place 3, etc.).
(Section 3.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop.
4, adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop.
18, adopted 5/21/13)
(a)
Each
person who becomes a candidate for Mayor or Councilmember shall meet
the following qualifications:
(1)
be
at least eighteen (18) years of age on the first day of the form to
be filed;
(2)
be
a citizen of the United States;
(3)
be
a qualified voter of the Town;
(4)
reside
and have resided for at least twelve (12) months preceding the election
within the corporate limits of the Town;
(5)
no
candidate may file for more than one office or position number per
election;
(6)
no
employee of the Town shall continue in such position after becoming
a candidate for a Town elective office; and,
(7)
If
any sitting Council member files to become a candidate for another
public office, he shall resign his current seat upon filing for the
new office.
(Subsection (a)(1) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop.
4, adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop.
3, adopted 5/21/13. Subsection (a)(7) added by May 9, 2009 election, effected by Ordinance 2009-12, prop. 5, adopted 5/18/09 Subsection (b) amended
by May 11, 2013 election, effected by Ordinance
2013-15, prop. 4, adopted 5/21/13.)
The Council shall be the judge of the election and qualifications
of its own members, subject to review of the courts in case of contest.
The Council shall after each regular or special election, canvass
the return and declare the results of each election as required by
law.
(a)
The office
of the Mayor or a Councilmember shall become vacant upon the Mayor
or Councilmember’s death, resignation, removal from office (in
any manner authorized by law), or forfeiture of office.
(b)
The Mayor
or a Councilmember shall forfeit his office if during a term of office,
the Mayor or Councilmember:
(1)
lacks
any qualification for the office prescribed by this Charter or by
other law;
(2)
violates
any express prohibition of this Charter;
(3)
is
convicted of a felony crime or is convicted of a crime involving moral
turpitude; or,
(4)
fails
to attend three consecutive regular meetings of the Council without
being excused by the Council.
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The Council shall, by an affirmative 3/4 vote of the entire
membership, be the judge in matters involving forfeiture of office
by a Councilmember or the Mayor; provided however, that if any member
is convicted of a felony or a crime of moral turpitude while in office,
the office shall immediately and automatically become vacant without
any requirement for action by the Council. Forfeiture of office pursuant
to this section may be appealed to an appropriate court as provided
by law.
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(c)
If there
is a vacancy in the office of Mayor, a new Mayor shall be elected
by special election within one hundred twenty (120) days after such
vacancy occurs, in accordance with the Texas Constitution and the
Texas Election Code.
(d)
A vacancy
in the office of a Councilmember shall be filled by special election
within one hundred twenty (120) days after such vacancy occurs, in
accordance with the Texas Constitution and the Texas Election Code.
If the vacated office is that of Mayor Pro-Tem, the Town Council shall
elect a new Mayor Pro-Tem at the next regular meeting.
(e)
Vacancies
filled by special election shall be for the remainder of the term
that was vacated.
(Subsection (b)(2) added and former subsections (b)(2)
and (b)(3) renumbered to (b)(3) and (b)(4) by May 9, 2009 election, effected by Ordinance 2009-12, prop.
6, adopted 5/18/09. The closing paragraph of subsection
(b) amended by May 11, 2013 election, effected
by Ordinance 2013-15, prop. 4, adopted 5/21/13. Subsection (c) amended and Subsection (d) and (e) added by May 9, 2009 election, effected by Ordinance 2009-12, props. 4, 7, adopted 5/18/09)
The Mayor and Councilmembers shall serve without pay or compensation;
provided, however, that they shall be entitled to reimbursement of
any necessary expenses incurred in the performance of their official
duties, when approved by Council or their designee.
The Mayor shall preside over the meetings of the Council, and
perform such other duties consistent with the office as may be imposed
upon him by this Charter and by ordinances and resolutions passed
in pursuance thereof. He may participate in the discussion of all
matters coming before the Council and he shall have a vote on all
matters before the Council. He shall sign after authorization by the
Council, all contracts, conveyances made or entered into by the Town,
all bonds, warrants and any other obligations issued under the provisions
of this Charter, in the manner prescribed in the ordinance authorizing
the signing of any such obligation. He shall present an annual state
of the Town message, which shall include setting out needs and goals
for the Town. He shall be recognized as the official head of the Town
by the courts for the purpose of serving civil process, by the Governor
for the purpose of enforcing military law and for all ceremonial purposes.
Editor’s note–Former section 3.06A
pertaining to the mayor and amended by May 9, 2009 election effected
by Ordinance 2009-12, prop. 19, adopted 3/9/09 and renumbered by Ordinance
2009-21 adopted 8/24/09 was repealed by May 11, 2013 election, effected
by Ordinance 2013-15, prop. 5, adopted 5/21/13)
(Section 3.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop.
9, adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop.
5, adopted 5/21/13)
The Council, at its first meeting after election of Councilmembers,
shall elect one of its number as Mayor Pro Tem. He shall perform all
the duties of the Mayor in the absence or disability of the Mayor.
All powers of the Town, and the determination of all matters
of policy, shall be vested in the Council. 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:
(a)
Appoint
and remove a Town Manager as hereinafter provided;
(b)
Adopt
the budget of the Town, and remain fully advised as to the financial
condition and future needs of the Town;
(c)
Authorize
the issuance and sale of bonds by a bond ordinance;
(d)
Develop
long term goals for the Town and strategies to implement goals;
(e)
Inquire
into the conduct of any office, department or agency of the Town and
authorize investigations as to municipal affairs;
(f)
Provide
for such additional boards, commissions and corporations not otherwise
provided for in this Charter, as may be deemed necessary, and appoint
the members of all such boards, commissions and corporations. Such
boards, commissions and corporations shall have all powers and duties
now or hereafter conferred and created by this Charter, by Town ordinance
or by State law;
(g)
Adopt
and modify the zoning plan, and a building code, including electrical
and plumbing codes, of and for the Town; and to require building permits;
(h)
Adopt
and modify the official map of the boundaries of the Town and its
extraterritorial jurisdiction;
(i)
Adopt,
modify and carry out plans proposed by the Town Planning and Zoning
Commission for the clearance of slum districts and rehabilitation
of blighted areas;
(j)
Adopt,
modify and carry out plans proposed by the Town Planning and Zoning
Commission for the replanning, improvement and redevelopment of any
area or district which may have been destroyed in whole or in part
by disaster;
(k)
Regulate,
license and fix the charges or fares made by any person, firm or corporation
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 Town;
(l)
Provide
for the establishment and designation of fire limits, and prescribe
the kind and character of buildings or structures or improvements
to be erected therein; provide for the erection of fireproof buildings
within said limits; provide for the condemnation of dangerous structures,
buildings, dilapidated buildings or buildings calculated to increase
the fire hazard, and prescribe the manner of their removal or destruction,
within said limits;
(m)
Provide
for a sanitary sewer and water system, and require property owners
to connect their premises with sewer system and provide the penalties
for failure to make sanitary sewer connections;
(n)
Provide
for sanitary garbage disposal, and set fees and charges therefor,
and provide penalties for failure to pay such fees and charges; define
nuisances and to prohibit same, and provide penalties for violations;
(o)
Provide
for all necessary public utilities and set fees and charges therefor
and provide penalties for misuses of same;
(p)
Exercise
exclusive dominion, control and jurisdiction (including the right
to close and abandon streets and alleys) in, upon, over and under
the public streets, avenues, sidewalks, alleys, highways, boulevards
and public grounds of the Town; provide for the improvement of same
as set forth in State law or as determined appropriate by the Council
in order to meet a municipal purpose;
(q)
Compromise
and settle any and all claims, demands and lawsuits, of every kind
and character, in favor of, or against, the Town;
(r)
Require
bonds, both special and general, of such contractors and others constructing
or building for the Town as Council determines appropriate, and to
set up standards, rules and regulations therefor;
(s)
Pass
ordinances defining and prohibiting misdemeanors and provide penalties
for violations;
(t)
Provide
and/or arrange for any and all “civil defense measures”
and “public shelter measures” for the Town and for the
citizens thereof, deemed necessary for the public welfare;
(u)
Exercise,
or delegate to the Mayor, extraordinary and total executive powers
(on a temporary basis) during the existence and duration of any major
public disaster, for the public welfare; and,
(v)
Name
and designate an “Official Newspaper” for the Town and
cause only the caption of duly enacted ordinances to be published
except as provided otherwise by law.
(Subsection (b) amended, Subsection (d) added, and
subsections (a) – (v) renumbered accordingly by May
9, 2009 election, effected by Ordinance 2009-12, prop. 19, adopted 5/18/09)
The Council shall hold at least two (2) regular meetings a month
for at least seven (7) months and a minimum of one meeting during
each of the other five (5) months at a time to be fixed by Council
for such regular meetings. Council may hold as many other meetings
as may be necessary for the transaction of the business of the Town.
All regular meetings shall be held at the Municipal Building or at
such other places within town limits as will permit the attendance
of the general public. All meetings will be held in accordance with
open meeting laws of the State of Texas.
The Mayor or any three (3) members of the Council may call special
meetings by giving notice to the Town Secretary of the nature of the
meeting, the items for consideration, and the proposed date and time
of the meeting. The Town Secretary 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.
(a)
The Council
shall determine its own rules of procedure and may compel the attendance
of its members. Minutes of the proceedings of the Council shall be
kept, to which any citizen may have access at all reasonable times
and which shall constitute one of the archives of the Town.
(b)
Any item
requested by two (2) Councilmembers, or the Mayor, or by the Town
Manager shall be placed on the agenda by the Town Secretary. The Mayor
will establish the order of the agenda for each Council meeting. The
Town Secretary shall prepare the agenda, which shall be publicly posted
in accordance with the Texas Open Meetings Act.
(c)
The rules
shall provide that citizens of the Town shall have a reasonable opportunity
to be heard at any meeting.
(Subsection (b) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop.
10, adopted 5/18/09)
A majority of the Council shall constitute a quorum to do business.
A number less than a quorum may adjourn from time to time and compel
the attendance of absent members. Except as otherwise specifically
provided herein or as provided by law, four (4) members of Council
shall constitute a quorum for the purpose of transaction of business
and no action of the Council shall be valid or binding unless adopted
by the affirmative vote of four (4) or more members of the Council,
or as required by State law or this Charter. If the Council is reduced
to less than four (4) members on account of vacancies, the remaining
members shall constitute a quorum for the sole purpose of calling
an election.
(Section 3.12 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop.
9, adopted 5/18/09)
Neither the Council nor any of its members shall direct or request
the appointment of any person to or his removal from office by the
Town Manager or by any of his subordinates. However, the Council may
consult and advise with the Town Manager, make inquiry regarding the
appointments or removals and may express their opinion in regard thereto.
In regard to administrative and executive duties under the Town Manager,
the Council and its members shall deal solely through the Town Manager,
either publicly or privately.
In addition to other acts required by law or by specific provision
of this Charter to be done by ordinance, those acts of the Council
shall be by ordinance which:
(a)
Adopt
or amend an administrative code;
(b)
Provide
for a fine or other penalty or establish a rule or regulation for
violation of which a fine or other penalty is imposed;
(c)
Levy
taxes;
(d)
Grant,
renew or extend a franchise;
(e)
Regulate
the rate charged for its services by a public utility;
(f)
Authorize
the borrowing of money that cannot be repaid within the current fiscal
year;
(g)
Convey,
lease or authorize the conveyance or lease of any lands of the Town;
(h)
Regulate
land use and development;
(i)
Amend
or repeal any ordinance previously adopted; and,
(j)
Adopt
an annual budget.
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Acts other than those referred to in the preceding sentence
may be done either by ordinance or by resolution provided that such
action is in compliance with applicable law.
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Every proposed ordinance shall be introduced in writing and
in substantially the form required for final adoption. The subject
of the ordinance shall be clearly expressed in its title. The enacting
clause of every ordinance shall be in accordance with State law. Any
ordinance which repeals or amends an existing ordinance or part of
the Town code shall clearly set forth the provision or provisions
being repealed or amended and, if amended, shall further clearly set
forth the amendment being made.
(a)
Ordinances
and resolutions may be passed at any regular meeting or special meeting
called for that purpose provided notice has been given in accordance
with the Texas Open Meetings Act.
(b)
All ordinances, exclusive of emergency ordinances defined by Section 3.17 of this Charter, shall be considered and passed in open meeting of the Council. All persons interested shall have the opportunity to be heard. The Town Attorney shall opine as to legality all ordinances prior to final adoption. Every ordinance, resolution or motion shall require on passage the affirmative vote of four (4) or more members of Council present unless more is required by State law.
(c)
The descriptive
caption or title of an ordinance that imposes a penalty, fine or forfeiture,
and the penalty for violating the ordinance, shall be published at
least once in the official newspaper of the Town.
(d)
An ordinance
required to be published takes effect when the publication requirement
is satisfied, unless the ordinance provides otherwise. An ordinance
that is not required to be published takes effect when adopted unless
the ordinance provides otherwise.
(e)
All ordinances
and resolutions may be admitted and received in all courts, subject
to the rules of evidence and laws of jurisdictions where proof of
such ordinances and resolutions are tendered, without further proof.
(Subsection (b) amended by May 9, 2009 election, effected by Ordinance 2009-12, prop.
9, adopted 5/18/09)
The Council may adopt emergency ordinances only to meet public
emergencies affecting the life, health, property or the public peace
in accordance with State law. In particular, such ordinances shall
not levy taxes, grant or renew or extend a franchise or regulate the
rate charged by any public utility for its services, and shall be
adopted as authorized by applicable state or federal law. After adoption
the ordinance shall be published as required by law, but may become
effective immediately upon enactment.
(Section 3.17 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop.
9, adopted 5/18/09 and May 11, 2013 election, effected by Ordinance 2013-15, prop.
6, adopted 5/21/13)
The Town Manager and the Town Secretary and such other Town
officers and employees as the Council may require, shall, before entering
upon the duties of their office, enter into a good and sufficient
fidelity bond in a sum to be determined by the Council payable to
the Town, and conditioned upon the faithful discharge of the duties
of such persons, and upon the faithful accounting for all monies,
credits and things of value coming into the hands of such persons,
and such bonds shall be signed as surety by some company authorized
to do business under the laws of the State of Texas. Premium of such
bonds shall be paid by the Town, and such bonds must be acceptable
to the Council.
The Council, by the affirmative vote of a quorum, shall have
the power to authorize an inquiry or investigation into the official
conduct of any office, department, or agency of the Town.
(Section 3.19 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop.
7, adopted 5/21/13)
(a)
Conflict
of Interest.
Should any person on the Town Council have
a conflict of interest, pursuant to any State laws and/or Town ordinances
regulating conflicts of interest of municipal officers, with an agenda
item then before the Town Council, he shall openly declare same before
discussion proceeds, and he is thereby prohibited from discussing
the item or voting on the question, and is not considered as present
and voting for the purposes of the tally.
Editor’s note–The election held May 9, 2009 amended Article III to add a section entitled “Conflict of Interest and Abstention” numbered as Section 3.20 and replacing the current Section 3.20 of Article III which was amended, renumbered and moved to Article IX, Section 9.09 effected by Ordinance 2009-12, prop. 19, adopted May 18, 2009.
(Section 3.20. amended by May 9, 2009 election, effected by Ordinance 2009-12, prop.
11, adopted. 5/18/09; Section 3.20 amended by November 3, 2020 election, effected by Ordinance
2020-21, prop. A, adopted 11/17/20)
The Council may, by appropriate ordinance, provide for the indemnification
and defense of the officers and employees of the Town, including members
of the Council, or any board, commission, or committee, including
volunteers, against any loss, cost, or expense arising out of or related
to the discharge of official duties, to the extent such indemnification
is allowed by law and to the extent such actions or inactions are
covered under the terms of the Town’s general liability insurance
coverage. Under no circumstances shall indemnification be provided
for any act arising out of the intentional or knowing violation of
any penal statute or for any personal or private business of such
officer, employee, member or volunteer, or for any criminal misconduct.
(Section 3.21 amended by May 11, 2013 election, effected by Ordinance 2013-15, prop.
8, adopted 5/21/13)
No person shall serve as Mayor for successive elected full terms
totaling more than six years, and no person shall serve as Councilmember
for successive elected full terms totaling more than six years. A
term of office shall be defined as an elected period of two (2) years
or an elected period of three (3) years. A portion of a term does
not count as a term of office for purposes of a limit. Term limits
shall apply to the May of 2010 election and all subsequent elections.
Election terms previously served or being served at the May of 2010
election are not counted in the application of term limits.
(Section 3.22 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop.
23, adopted 5/18/09)
