(a)
There
shall be such administrative departments as are established by this
charter and may be established by ordinance and excepting as otherwise
provided in this charter, these administrative departments shall be
under the direction of the city manager. The council shall have power
by ordinance to establish administrative departments or offices not
herein provided by this charter. The council may discontinue, redesignate,
or combine any of the departments and/or administrative offices, except
the office of the city manager. No changes shall be made by the council
in the organization of the administrative service of the city until
the recommendations of the city manager thereon shall have been heard
by the council.
(b)
The head
of each department shall be a chief or director and such chief or
director shall have supervision and control over his department. All
department heads shall be appointed and removed by the city manager.
Two or more departments may be headed by the same individual, and
the city manager may act as city secretary and may head one or more
departments.
(Sec. 4.01 added by Resolution 965-2019, prop. B, adopted 5/14/19)
(a)
The council,
by majority vote of the entire council qualified and serving, shall
appoint a city manager, who shall be the chief administrative officer
of the city.
(b)
The method
of selection shall be left to the discretion of the council so long
as the method insures orderly, non partisan action toward securing
a competent and qualified person to fill the position. The city manager
shall be chosen solely upon the basis of the person’s administrative
training, experience, ability and character.
(Sec. 4.02 added by Resolution 965-2019, prop. B, adopted 5/14/19)
The city manager shall receive compensation as may be fixed
by the council according to the person’s experience, education
and training.
(Sec. 4.03 added by Resolution 965-2019, prop. B, adopted 5/14/19)
(a)
The city
manager may be appointed for a definite term but may be removed at
the discretion of the council, by vote of four-fifths (4/5) of the
entire council, excluding the mayor, unless otherwise provided by
contract.
(b)
The action
of the council in suspending or removing the city manager shall be
final. It is the intention of this charter to vest all authority and
fix all responsibilities of such suspension or removal in the council.
(c)
The council
is authorized to enter into a contract with a city manager to establish
additional terms of employment.
(Sec. 4.04 added by Resolution 965-2019, prop. B, adopted 5/14/19)
The council shall require the city manager before entering upon
the duties of his office, to execute a good and sufficient surety
company bond, in such amount as the council may demand, payable to
the city and conditioned for the faithful performance of the duties
of his office. The premium of such bond is to be paid by the city.
(Sec. 4.05 added by Resolution 965-2019, prop. B, adopted 5/14/19)
The city manager shall be the chief administrative officer and
head of the administrative branch of the city. He shall be responsible
to the council for the proper administration of all the affairs of
the city and to that end shall have the power and be required to:
(1)
In cooperation
with the city attorney, to see that all state laws and city ordinances
are effectively enforced.
(2)
To exercise
control over all departments and subdivisions thereof created by this
charter, or that may hereafter be created by the council, except as
hereinafter provided.
(3)
To see
that all terms and conditions imposed in favor of the city or its
inhabitants in any public utility franchise are faithfully kept and
performed.
(4)
Attend
all meetings of the council except when excused by the council.
(5)
Prepare
a proposed budget annually and submit it to the council each year
and be responsible for its administration after its adoption.
(6)
Prepare
and submit to the council at the end of the fiscal year a complete
report on the finances and administrative activities of the city for
the preceding year.
(7)
Keep
the council advised of the financial condition and future needs of
the city and make such recommendations as the city manager deems advisable.
(8)
Prepare
personnel rules subject to the approval of the council.
(9)
Perform
such other duties as may be prescribed by this charter or required
of the city manager by the council.
(10)
Prepare
and recommend items for inclusion in the official agenda of all council
meetings and meetings of the board and commission as established by
this charter or ordinance.
(Sec. 4.06 added by Resolution 965-2019, prop. B, adopted 5/14/19)
(a)
The city
manager, within sixty (60) days after taking office, shall designate
by letter filed with the city secretary, a qualified administrative
officer of the city to perform the duties of the city manager in his
absence or disability. Such designation shall be subject to approval
of the council. No member of the city council shall serve as acting
city manager. Upon resignation or termination of the city manager,
the acting city manager shall perform the duties of the city manager
until a new city manager or acting city manager is appointed by the
council.
(b)
Should
the need for an acting city manager occur prior to the city manager
submitting a designee or prior to the council’s approval of
the city manager’s designee, the council shall appoint an acting
city manager.
(c)
The city
manager may select a different acting city manager by withdrawing
the letter of designation and obtaining the council’s approval
of the designee.
(Sec. 4.07 added by Resolution 965-2019, prop. B, adopted 5/14/19)
The city secretary shall be appointed by the city manager and
perform the duties required by the city council, city manager and
those duties required by law.
(Sec. 4.08 added by Resolution 965-2019, prop. B, adopted 5/14/19)
(a)
The city
council shall appoint a competent, duly qualified, licensed and practicing
attorney in the State of Texas, to be an attorney for the city, hereinafter
referred to as the “city Attorney.” The city Attorney
shall serve at the discretion of the council and shall receive such
compensation as may be fixed by the council. The city Attorney shall
be the adviser of, and attorney for, all of the offices and departments
of the city, and shall represent the city in all litigation and legal
proceedings; provided, that the council may retain special counsel
at any time they deem same appropriate and necessary. The city Attorney
shall perform other duties prescribed by this charter, by ordinance,
or as directed by the council.
(b)
The council
may contract with an attorney or with a firm of attorneys who may
designate one (1) member of said firm, with council approval, to serve
as city Attorney.
(c)
All cases
in the Municipal Court shall be prosecuted by the city Attorney, or
such designated Prosecutor as the council may authorize.
(Sec. 4.09 added by Resolution 965-2019, prop. B, adopted 5/14/19)
