The governing and lawmaking body of the City of River Oaks shall
consist of a mayor and five councilpersons and said body shall be
known as the city council of the City of River Oaks.
The members of the city council of the City of River Oaks, which
includes the mayor and five councilpersons, shall be the only elective
officers of the city and they shall be elected and hold office and
be compensated as herein provided. Said mayor and councilmen shall
be elected from the city at large.
The Mayor shall preside at all council meetings and may participate
in the discussion of all matters coming before the council. The mayor
shall not be entitled to vote as a member thereof, on legislative
or other matters, except in case of a tie, when the mayor shall have
the right to cast the deciding vote. The Mayor is the recognized head
of the city government for all ceremonial purposes and by the governor
for purposes of military law, but has no regular administrative duties.
(Sec. 3.03 amnd. by Resolution 965-2019, prop. B, adopted 5/14/19)
The city councilpersons shall have all powers necessary and
incident to the proper discharge of the duties imposed upon them.
The City Council is hereby invested with all powers necessary to carry
out the terms and provisions of this Charter; it being intended that
the mayor and city council shall have an [and] exercise all powers
enumerated in this Charter or implied thereby and all powers that
are now or hereafter made and granted to municipalities by the Constitution
and laws of the State of Texas.
At the first meeting following each annual election of officers,
or as soon thereafter as practicable, one of the councilpersons shall
be elected mayor pro tempore, who shall hold that office for one year.
In case of the failure, inability or refusal of the mayor to act,
the mayor pro tempore shall perform the duties and receive the fees
and compensation of the mayor.
(a)
The mayor
may receive $10.00 for each regular meeting he attends; $5.00 for
each special meeting attended and $10.00 for services in corporation
court for each meeting over which he presides, with a maximum salary
of $100.00 per month.
(b)
Each
councilperson may receive $5.00 for each regular meeting and $2.50
for each special meeting attended with the maximum not to exceed $40.00
per month.
(a)
Qualification
for elected officers.
Each person who becomes a candidate
for Mayor or councilmember shall meet the following qualifications:
(1)
be
at least twenty-one (21) years of age on the date of the election
or date of appointment;
(2)
be
a citizen of the United States;
(3)
be
a qualified vote[r] of the city;
(4)
reside
and have resided for at least twelve (12) months preceding the election
day within the corporate limits of the city; and
(5)
no
candidate may file for more than one office or position number per
election.
(b)
Forfeiture
of office.
The Mayor or a councilmember shall forfeit
his or her office if during a term of office, the Mayor or councilmember:
(Sec. 3.07 amnd. by Resolution 667-09, prop. 4, adopted 11/12/09)
All officers of the city, whether elective or appointive, shall
qualify by taking the oath prescribed by the Constitution of this
state and by executing such bond as may be required under the provisions
of this Charter and ordinances and resolutions of the city.
The members of the council shall hold office as herein provided:
(a)
Place
System.
Each councilperson shall be elected to and occupy
a place on the council, such places being numbered places 1 through
5. The mayor and each councilmember shall be elected at large by a
majority of the voters voting at the election.
(b)
Term.
The mayor and each member of the council shall hold office for
a three year term. Upon expiration of the terms of the current mayor
and councilmembers, their successors shall be elected for terms as
follows:
Place 1 and 3 shall be elected for a term of two (2) years at
the regular municipal election held in May 2011.
Place 2 and Place 4 shall be elected for a term of two (2) years
at the regular municipal election held in May 2010.
Upon the expiration of the above terms of the mayor and councilmembers,
their successors shall be elected for terms of three (3) years.
(Sec. 3.09 amnd. by Resolution 667-09, prop. 2, adopted 11/12/09)
(a)
Meetings.
The city council shall hold at least one (1) regular meeting
each month, at a time to be fixed by it for such regular meetings,
and as many additional meetings during the month as may be necessary
for the transaction of the business of the city and its citizens.
(b)
Quorum.
Three (3) council place members shall constitute a quorum. The
mayor’s presence shall not be counted for determining a quorum.
(Sec. 3.10 amnd. by Resolution 667-09, prop. 3, adopted 11/12/09; Sec. 3.10(b) added by Resolution 965-2019, prop.
C, adopted 05/14/19)
The city council shall determine its own rules of procedure
and may compel the attendance of its members.
The affirmative vote of at least three (3) of those attending
any meeting at which there is a quorum present shall be necessary
and sufficient to adopt any ordinance or resolution. All meetings
of the city council shall be public, except when otherwise directed
by the council, 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 the “ayes”
and “nays” and entered upon the minutes, and every ordinance
or resolution, upon its final passage, shall be authenticated by the
signature of the presiding officer and the person performing the duties
of city secretary.
(Sec. 3.12 amnd. by Resolution 965-2019, prop. C, adopted 5/14/19)
(a)
If a vacancy occurs in the office of the Mayor, the Mayor Pro Tem shall act as Mayor until a successor is qualified pursuant to subsection (b) below.
(b)
A vacancy
on the Council for an office with a three year term must be filled
by special election in accordance with the requirements of the Texas
Constitution, except as provided herein. In the event a vacancy occurs
on the council for an unexpired term of twelve (12) months or less,
the council may within 120 days hold a special election or by a majority
vote of the remaining council, appoint a replacement to fill the vacancy.
(Sec. 3.13 amnd. by Resolution 965-2019, prop. A, adopted 5/14/19)
The city manager shall be the chief administrative officer and
the head of the administrative branch of the city. Except for the
purpose of inquiry or investigation, the council and its members shall
deal with the administrative departments and personnel solely through
the city manager, and no member of the council shall give orders to
any subordinate of the city manager, either publicly or privately.
(Sec. 3.14 added by Resolution 965-2019, prop. B, adopted 5/14/19)
