The city council shall be composed of a mayor and four council members who shall be elected and serve in the following manner:
(1) 
The regular city election shall be held annually on the second Saturday of May. Councilmembers shall be elected to and occupy a place on the city council, such places being numbered 1, 2, 3, and 4, respectively. In odd-numbered years, the mayor and council place 2 will be elected. In even-numbered years, council places 1, 3, and 4 will be elected. At the election, the candidates for the office of mayor or a numbered councilmember’s place on the city council who shall have received the highest number of votes cast at such election for each office to be filled shall be declared elected. The election of the mayor and four councilmembers shall be for terms of two years. Other city elections shall be held as provided in this charter.
(2) 
Following each regular election, or as soon thereafter as practicable, the members of the city council shall elect one of the council members to be mayor pro-tem.
(Amended by Ordinance 1604 at an election held on May 10, 2014, prop. 1)
The mayor and each of the four councilmembers shall be a citizen of The United States of America and a qualified voter of the State of Texas; shall have resided for at least 12 months next preceding the election within the corporate limits of the city or for 12 months within territory which has been annexed by the city; shall be at least 21 years of age; shall be a qualified voter of Kilgore, Texas; shall make payment of a filing fee of one hundred dollars ($100.00) or submittal of a petition for candidacy in lieu of a filing fee and said petition must be signed by not less than twenty-five (25) qualified voters of the territory from which the office is elected in the most recent mayoral general election. The mayor or a member of the city council ceasing to possess any of the qualifications specified in this section, or convicted of a felony while in office, shall immediately forfeit his or her office.
(Amended by Ordinance 1604 at an election held on May 10, 2014, props. 2–5)
The mayor and council may be reimbursed for all necessary expenses incurred in the performance of their official duties or officially representing the city. Such reimbursement shall be in accordance with policies and procedures as may be determined by the city council.
(Amended by Ordinance 1538-A at an election held on May 12, 2012, prop. 2)
The mayor of the City of Kilgore shall be recognized as head of the city government for all ceremonial purposes and by the governor of the State of Texas for the purposes 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/her by this charter, and ordinances and resolutions passed in pursuance hereof. He/she may participate in the discussion of all matters coming before the council and shall be entitled to a vote as a member thereof. The mayor pro tem shall act as mayor during the absence or disability of the mayor.
A vacancy in the office of mayor or council member shall be filled by a qualified person to serve until the next regular election, by a majority vote of the remaining members of the council.
All powers of the city, except as otherwise provided by this charter and the determination of all matters of policy shall be vested in the city 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:
(1) 
Appoint and remove the city manager.
(2) 
Adopt the budget of the city.
(3) 
Authorize the issuance of bonds by a bond ordinance, including the calling of elections therefore; and provide for the investment of idle funds in securities authorized by law for sinking fund investments.
(4) 
Inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs.
(5) 
Provide for a planning board or commission, a zoning board or commission, a zoning board of adjustment and such other boards and commission as deemed necessary, and appoint the members of all such commissions and boards. The planning and zoning commissions may be combined. Such boards and commissions shall have all powers and duties now or hereafter conferred and created by this charter, by city ordinance or by law.
(6) 
Adopt plats.
(7) 
Adopt and modify the official map and master plan of the city.
(8) 
Adopt, modify and carry out plans for housing standards, the clearance of slum districts and rehabilitation of blighted areas.
(9) 
Adopt, modify and carry out plans for the re-planning, improvement and redevelopment of neighborhoods and for the re-planning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or in part by disaster.
(10) 
Regulate, license and fix the charges or fares made by any person 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 city.
(11) 
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 to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of dangerous structures or buildings or dilapidated buildings or buildings calculated to increase the fire hazard, and the manner of their removal or destruction.
(Amended by Ordinance 1538-A at an election held on May 12, 2012, prop. 3)
The city council shall appoint a person to be an officer of the city, who shall have the title of city manager and who shall have the powers and perform the duties in this charter provided. No member of the city council shall receive such appointment during the term for which he/she shall have been elected or selected, nor within one year after the expiration of the term of the office to which he/she was elected or selected.
The city council shall appoint the city manager for an indefinite term, and it may remove him/her by majority vote of its members after thirty days’ notice and a hearing, and the council shall have the right to suspend the city manager during such thirty-day period. After such hearing, and after full consideration, the city council by majority vote of its members may adopt a resolution of removal.
Neither the city council nor any of its members shall request or direct the appointment of any person to, or his removal from, office or employment, by the city manager or by any of his subordinates; provided, however, that the appointment to or removal from office of department heads shall be subject to the approval of the city council. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager and neither the council nor any member thereof shall give orders to any subordinates of the city manager, either publicly or privately.
The council, as recommended by the city manager, by ordinance may create, change and abolish offices, departments or agencies.
(Amended by Ordinance 1538-A at an election held on May 12, 2012, prop. 4)
The city council shall designate an officer of the city who shall be the city manager or be recommended by the city manager to serve as city clerk. He/she shall give notice of council meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full in a book kept for the purpose all ordinances and resolutions, and shall perform such other duties as the city manager or council shall assign to him/her.
There is hereby established a municipal court which shall serve as the judicial branch of the city. The municipal court shall have sole and exclusive original jurisdiction of all city ordinances and all Class C misdemeanors and fine only offenses within the territorial limits of the city, within property owned by the city within its extraterritorial limits and within other extraterritorial limits as prescribed by state law.
The city council shall appoint a “judge of the municipal court” for a term concurrent with the mayor, or until a successor has been nominated and qualified as required by state law. The judge shall preside over the municipal court and perform such duties as are required by state law. The judge and any associate judge shall be entitled to such salary and benefits as may be fixed by the City Council.
The judge shall be subject to the Texas Code of Judicial Conduct and may be removed for violation of such Code in the manner provided by state law.
The city manager shall appoint a municipal court clerk whose duties shall include keeping minutes of the proceedings of the court, administering oaths and affidavits, issuing process, and other duties in the manner prescribed by state law. The city manager may appoint other officers of the court with the concurrence of the judge and consent of the city council.
All fines imposed and collected by the municipal court, or in any court cases appealed from judgments of the municipal court, shall be paid into the general fund of the city for the use and in such manner as the city council shall determine to benefit the city. All state fees and court costs collected in connection with any fines imposed by the judge shall be paid to the State of Texas in the manner provided by state law.
(Amended by Ordinance 1538-A at an election held on May 12, 2012, prop. 5)
Following the regular municipal election each year, and as soon thereafter as practicable, the council shall meet at the usual place for holding meetings, and the newly elected members shall qualify and assume the duties of office. Thereafter, the council shall meet regularly at such times as may be prescribed by its rules but not less frequently than once each month. A majority of the members of the council shall constitute a quorum, except as otherwise indicated in this charter. All meetings of the council shall be open to the public, however, it may hold executive sessions in accordance with state law and when deemed advisable but no official action shall be taken during such executive session. Special meetings shall be called by the city clerk upon request of the mayor, city manager or a majority of the members of the council.
The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts.
The city council shall, subject to the provisions of this charter, determine its own rules and order of business. It shall keep a journal of its proceedings and the journal shall be open to public inspection.
In addition to such acts of the council as are required by statute or by this charter to be by ordinance, every act of the council establishing a fine or other penalty or providing for the expenditure of funds or for the contracting of indebtedness, shall be by ordinance. The enacting clause of all ordinances shall be, “BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KILGORE, TEXAS” and the enacting clause of resolutions shall be similar.
Every ordinance shall be introduced in written or printed form and, upon passage, shall take effect at the time indicated therein; provided that any ordinance imposing a penalty, fine or forfeiture for a violation of its provisions shall become effective not less than ten days from the date of its passage. The city clerk shall give notice of the passage of every ordinance imposing a penalty, fine or forfeiture for a violation of the provisions thereof, by causing the caption or title, including the penalty of any such ordinance to be published in the official newspaper in the city twice within not more than fifteen days after the passage of said ordinance. He/she shall note on every ordinance, the caption of which is hereby required to be published, and on the record thereof, the fact that same has been published as required by the charter, and the dates of such publication, which shall be prima facie evidence of the legal publication and promulgation of such ordinance; provided, that the provisions of this section shall not apply to the correction, amendment, revision and codification of the ordinances of the city for publication in book or pamphlet form. Except as otherwise provided in section 114 [article XI, section 2] of this charter, it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session of the city council. 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, amended, 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.
The council shall have power to inquire into the conduct of any office, department, agency, officer, board or council of the city and to 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 to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed one hundred dollars.
Prior to the end of each fiscal year, the council shall designate a certified public accountant or a public accountant or a firm of such accountants, who, as of the end of each fiscal year shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit his report to the council. Such accountants shall have no personal interest direct or indirect, in the fiscal affairs of the city government. They shall not maintain any accounts or record of the city business, but, within specifications approved by the council, shall post-audit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, department or agency of the city government.