The regular city election shall be held annually on the first
Saturday in May, or other date established by state law, at which
time officers will be elected to fill those offices, the terms of
which expire that year. The council shall fix the hours and place
for holding such election. Notice of the election shall be published
according to state law. In the order, ordinance, or resolution of
the council calling any election, at which more than one (1) council
member shall be elected, the council shall, in calling such election,
provide for a separate place on the ballot for each vacancy to be
filled at such election, designating such places as Place No. One,
Place No. Two, etc.; and in case an unexpired term is to be filled
at such election, the place for the unexpired term shall be so designated.
The council, by ordinance or resolution, may call such special
elections as are authorized by the state law, this charter, or for
any other reason the council deems necessary, fix the time and place
of holding same, and provide all means for holding such special elections
in accordance with state law.
All general and special elections shall be held in accordance
with the laws of the State of Texas regulating the holding of municipal
elections and in accordance with this charter and ordinances or resolutions
adopted by the council for the conduct of elections. The council shall
appoint the election judges and shall provide for the compensation
of all election officials in the city elections and for all other
expenses in holding said elections.
The city council shall be the judge of the election and qualification
of its own members and the mayor, subject to review of the courts
in case of contest.
In the event there is a conflict between any of the provisions
of this charter and the Texas Election Code or an omission of any
elements or provisions necessary for the conduct of an election, then
those provisions of the Texas Election Code then existing shall prevail.
No person elected to the council shall, during the term for
which he is elected to the council, hold or be appointed to any office,
position, or employment in the service of the city, and no former
member of the council shall hold any compensated, appointive city
office or employment until one (1) year after the expiration of the
term for which he is elected to the council. This section shall not
prohibit a member of the council from serving on the board of an economic
development corporation, crime control and prevention district, or
other instrumentality of the city, nor shall it prohibit a member
of the council from holding a non-compensated office or position in
the service of the city if the city council determines by a majority
vote of the entire council that holding the office or position will
benefit the city.
(Sec. 7.07 amnd. by Resolution 965-2019, prop. D, adopted 5/14/19)
Returns of every municipal election shall be delivered forthwith
by the election judges to the city secretary with a copy of the returns
being sent to the Mayor. The council shall canvass the returns, investigate
the qualifications of the candidates and declare the official results
of the election prior to the first regular council meeting following
delivery of the votes to the city secretary all in accordance with
the Texas Election Code. The results of every municipal election shall
be recorded in the minutes of the council. The qualified person receiving
a majority of the votes cast for any office shall thereupon be declared
elected by said council. The decision of the council, as to qualifications
of candidates, shall be conclusive and final for all purposes.
In the event no candidate receives a majority of the votes cast,
there shall be a runoff election held in accordance with state law.
After canvass of the votes, the city secretary, with the concurrence
of the council, shall promptly notify all persons elected to office.
A candidate who is elected in a regular, or special city election
shall, take office, and enter upon his duties at the next council
meeting after the date of the election.