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.
(b) 
The Council shall be the judge of the qualifications of candidates for office in accordance with Section 3.04(b) and for these purposes shall have the power to subpoena witnesses and require the production of records.
(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.)
(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.
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.
(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.
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.
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)