The governing and lawmaking body of the City of Kermit shall consist of five (5) Councilmen and a Mayor, and said body shall be known as the “City Council of the City of Kermit.”
The members of the City Council of the City of Kermit, shall be the only elective officers of the City, and they shall be elected and shall hold office and be compensated as herein provided. Said Councilmen and Mayor shall be elected from the City at large.
The Council may determine the annual salary of council members by ordinance, but no ordinance increasing such salary shall become effective until the date of commencement of the terms of council members elected at the next regular election. Council members shall receive compensation for their actual and necessary expenses incurred in performance of the duties of their office.
Each member of the City Council shall be a citizen of the United States of America and a resident citizen of the City of Kermit, and shall be a qualified voter of Texas, and shall have been such a resident citizen of the City of Kermit for a period of not less than two (2) years immediately preceding the election, and shall be a bona fide taxpayer within the corporate limits of the City of Kermit, shall not hold another public office or employment for which compensation is paid by the City of Kermit, and shall not be delinquent in any indebtedness to the City of Kermit, unless provided for in this Charter; provided, however, that any qualified voter, with the above qualifications except as to residence, who shall have been a resident citizen of the State of Texas for a period of not less than one year and a resident of the City of Kermit for a period of not less than six months immediately preceding his election of any territory not formerly within the corporate limits of said City, or a resident of such territory and/or the City of Kermit, which territory has been annexed under the provisions of the charter, shall be eligible to said office.
On the first Saturday in May, 1990, the Mayor and two (2) Councilmen shall be selected in accordance with the general municipal election of that date, which said Mayor and two (2) Councilmen shall serve with the three (3) councilmen who were elected at the May, 1989, election. The Mayor and two (2) councilmen elected at the May, 1988, election shall serve for a term of two (2) years, their terms each expiring in May, 1990.
On the first Saturday in May, 1991, three (3) councilmen shall be elected; to serve for a term of two (2) years, their terms each expiring in May, 1993.
Thereafter, on the first Saturday in May, commencing in May, 1992, a Mayor and two (2) councilmen shall be elected by place, as hereafter provided, each serving a term of two (2) years, and on the first Saturday in May, 1991, three (3) councilmen shall be elected by place, each to serve for a term of two (2) years. On the first Saturday in May, 1990, and each second year thereafter, the Mayor and two (2) councilmen shall be elected to serve for a term of two (2) years and on the first Saturday in May, 1991, and each second year thereafter, three (3) councilmen shall be elected to serve for a term of two (2) years.
The members of the City Council on the date of the adoption of these provisions shall determine the place designation of each council member by lot.
Candidates of the offices of Mayor and Councilman shall file their application with the Mayor or City Clerk at least thirty (30) days prior to the election date and their names shall appear on the ballot as determined by lots.
The Councilmen and Mayor shall be elected for terms of two (2) years as provided in Section 5. Each candidate receiving the highest number of votes for the office of Mayor or for the place on the City Council for which he is a candidate shall be elected. In the event of a tie vote the Council shall cause to be held a run-off election between the tied candidates in [within] thirty (30) days of the preceding regular or special election.
The City Council shall be the final judge of the election and qualifications of its own members and of the Mayor, subject to review of the Courts in case of contest.
a.
Elections, General and Special.
The general elections for the choice of members of the Council shall be held each year on the first Saturday in May. The Council may, by resolution, order a special election not in conflict with other provisions of this Charter, fix the time for holding same, and provide all means for holding such special election.
b.
City Council Ballot.
(1)
The Councilmen and the Mayor shall be elected from the city at large.
(2)
Candidates for the office of councilmen shall be designated by place; that is, Place No. One, Place No. Two, Place No. Three, Place No. Four and Place No. Five, and shall be voted on and elected accordingly.
(3)
Any qualified elector of the city who is otherwise qualified may have his name printed on the official ballot for the particular office and place which he seeks at any election, by filing a sworn application with the Mayor or City Clerk not less than thirty (30) days prior to the date of the election. The qualifications as prescribed in Article III, Section 4, shall be complied with. The application of each candidate shall state the office and if he is a candidate for councilman, the place for which he is a candidate. All official ballots shall be printed at least twenty (20) days prior to the date of any general or special election. The absentee voting shall be governed by the general election laws of the State of Texas.
(4)
The full names of all candidates for the Mayor or Councilmen as hereinbefore provided, except such as may have withdrawn, died, or become ineligible, shall be printed on the official ballots without party designations. If two candidates with the same surnames or with names so similar as to be likely to cause confusion are nominated, the addresses of their places of residence shall be places [placed] with their names on the ballot.
c.
Regulations and Laws Governing City Elections.
All City elections shall be governed, except as otherwise provided by the Charter, by the laws of the State of Texas governing general and municipal elections, so far as the same may be applicable thereto. In addition, the Council shall make any regulations which it considers needful or desirable, not inconsistent with this Charter or the laws of the State of Texas for the conduct of municipal elections, for the prevention of fraud in such election, and for the recount of ballots, in case of doubt or fraud.
The newly elected officers may enter upon their duties immediately after the returns are canvassed and declared, Sundays excepted. If any such officer fails to qualify within thirty (30) days after his election, his office shall be filled as provided in this Charter. All officers of the City, whether elected 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 the ordinances and resolutions of the City.
a.
Vacancies:
The office of a Council member shall become vacant upon death, resignation, removal from office in any manner authorized by law, or forfeiture of office.
b.
Filling of Vacancies:
A single vacancy in the City Council shall be filled by appointment within thirty (30) days after the vacancy, by a majority of the remaining City Council members. The appointee shall serve until the position is filled at the next regular City election. When more than one vacancy shall develop at any time, a special election shall be called by the City Council within thirty (30) days following the occurrence of the vacancies in the same manner as described herein for regular elections. However, if the vacancies occur within 120 days of a regular election, then no special election shall be called and the remaining City Council members shall appoint qualified persons to fill vacancies until the regular election. All vacancies filled by election shall be for the remainder of the unexpired term of the office so filled.
The Mayor of the City of Kermit shall be recognized as head of the City government for all ceremonial purposes, and by the Governor of the State of Texas for the purpose of military law, and shall preside over the meetings of the City Council and perform such other duties consistent with the office as may be imposed upon him by this Charter and ordinances and resolutions passed in pursuance hereof. He may participate in the discussion of all matters coming before the Council, but shall be entitled to a vote as a member thereof only when necessary to break a tie vote of the Councilmen, and shall have no veto power.
The Council, at its first meeting after each general election of Councilmen, shall elect one of its members as Mayor Pro Tem for a term of one year. Should a vacancy occur in the office of Mayor or in the case of the absence or disability of the Mayor, the Pro Tem shall act as mayor during such absence or disability, or in case of a vacancy, until a Mayor is appointed or elected and qualified. While serving as Mayor, the Mayor Pro Tem shall have such rights and powers, and shall perform such duties as the Mayor.
Any member of the Council who ceases to possess the required qualifications for office; or who is convicted while in office of a felony or a misdemeanor involving moral turpitude or who fails to attend three (3) consecutive regular Council meetings without being excused by the City Council shall forfeit his office, which forfeiture shall be declared and enforced by a majority vote of the Council.
All powers of the City and the determination of all matters of policy shall be vested in the Council. Without limitation of the foregoing, among the other powers that may be exercised by the Council the following are hereby enumerated for greater certainty:
a.
To appoint and remove the City Manager.
b.
To establish other administrative departments and distribute the work of divisions, and to abolish or consolidate said departments and divisions.
c.
To adopt the budget of the City.
d.
To initiate the procedure for the issuance of bonds and warrants according to the laws of the State of Texas.
e.
To inquire into the conduct of any office, department, or agency of the City and make investigations as to municipal affairs.
f.
To appoint and remove the City Attorney.
g.
To appoint the necessary commissions and boards to assist the Council in the performance of its duties and responsibilities, such powers subject to the restrictions of the Charter and the laws of the State of Texas.
h.
To adopt plats.
i.
To adopt and modify the official map of the City.
j.
To regulate, license, and fix the charges or fares made by any person or persons owning, obtaining, or controlling any vehicle of any character used for carrying passengers for hire on the public streets and alleys of the City.
k.
To provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and provide for the condemnation of dangerous structures or buildings or dilapidated buildings calculated to increase fire hazard, and the manner of their removal or destruction.
l.
To fix the salaries and compensation of the nonelective City officers and employees.
m.
To provide for sanitary sewer and water systems.
n.
To establish a pension or retirement system for any and all officers and employees in the employ of the City.
The Council shall have power to inquire into the conduct of any office, department, agency, or officer of the City, and can make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence. Failure to obey such subpoena, or produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor, and shall be punished by fine not to exceed $200.00.
Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the City Manager or any of his subordinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees.
Except for the purpose of investigation under Section 17, the Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employees, either publicly or privately.
a.
Regular Meeting.
The Council shall hold at least one regular meeting in each month at a time to be fixed by ordinance for such regular meeting; and may hold as many additional regular meetings during the month as may be necessary for the transactions of the business of the City and its citizens.
b.
Special Meetings.
Special meetings of the City Council shall be called by the City Clerk upon the request of the Mayor, the City Manager, or a majority of the members of the Council.
c.
Place of Meeting.
All meetings of the City Council shall be held in the City Hall, except if and during any time the City Hall is not available for such purpose, the Council may designate another public place for meetings after publishing due notice thereof in one issue of the newspaper of the City of Kermit.
d.
Quorum.
A majority of the five man Council shall constitute a quorum.
e.
Open to Public.
All official meetings of the City Council shall be open to the public.
The Council shall determine its own rules and order of business. It shall keep a journal of its proceedings, and the journal shall be open to the public for inspection.
All ordinances, resolutions, rules and regulations of the City of Kermit heretofore ordained, adopted, or enacted, that are in force at the time this Charter becomes effective and which are not in conflict with such Charter, shall remain in force after such Charter takes effect.
Each proposed ordinance or resolution shall be introduced in writing or printed form and shall not contain more than one subject, which shall be expressed in caption or title, except ordinances or resolutions, making appropriations or authorizing the contracting of indebtedness or issuance of bonds or other evidence of indebtedness. No ordinance, unless it be declared an emergency measure, shall be passed finally on the date it is introduced, but except as otherwise provided by this Charter, must be passed, read, and voted upon at two (2) regular meetings, or special meetings which have been called for that purpose; provided however, that the second meeting at which said ordinance is finally passed shall be held not less than thirty (30) days after the meeting at which ordinance was first read.
The style of all ordinances of the City of Kermit shall be “Be it ordained by the City Council of the City of Kermit,” but the same may be omitted when published in book form.
To meet a public emergency affecting life, property, the public peace, or other reasons deemed necessary by the City Council, the Council may adopt emergency ordinances. Such ordinances shall require only one reading. An emergency shall be introduced in the form generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms.
Every ordinance imposing any penalty, fine or forfeiture shall, after passage thereof, be published in two successive issues of the official newspaper by publishing a descriptive caption or title stating in summary the purpose of the ordinance and the penalty for violation thereof. Proof of such publication shall be made by the printer or publisher of such newspaper by making affidavit before some officer authorized by law to administer oaths, and filing same with the person performing the duties of the city clerk, who shall attach the same to the original of the ordinance. Said affidavit shall be prima facie evidence of such publication and promulgation of such ordinance so published, and such ordinance shall take effect and be in force immediately after the date of publication thereof, unless otherwise expressly provided in this Charter. Ordinances not required to be published shall take effect and be in force from and after the passage thereof, unless otherwise provided.
Every ordinance shall be authenticated by the signature of the mayor and city clerk and shall be systematically recorded in an ordinance book in a manner approved by the Council. It shall only be necessary to record the caption or title of ordinances in the minutes or journal of council meetings. The city council shall have power to cause the ordinances of the city to be corrected, revised, codified and printed in code form as often as the Council deems advisable, and such printed code, when adopted by the Council, shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. Such printed code shall be admitted in evidence in all courts and places without further proof.