All ordinances or parts of ordinances that are inconsistent or in conflict with this article are hereby repealed to the extent of such inconsistency or conflict and such ordinances are hereby amended to the extent thereof to read consistently with this article; provided that the ordinance establishing the position, duties and responsibilities of the city administrator shall be and remain in full force and effect, and construed in a manner consistent with this article.
(1995 Code, sec. 22.045)
(a) 
Two-year terms.
The office of mayor, councilman/councilmember, or any other official elected to city office shall be elected for the term of two years, as provided by Texas Local Government Code, section 22.034.
(b) 
Staggered terms.
The elected offices of mayor and councilmember shall be staggered so that three councilmember positions expire in one year and the mayor and the other two councilmember positions expire the next year.
(c) 
Place system.
The election of aldermen shall be by the place system, as provided by section 21.001 Local Government Code. The places shall be numbered as follows: The councilmember positions elected with the mayor’s election shall be numbers 1 and 2, and the councilmember positions elected the staggered year shall be numbers 3, 4 and 5.
(1995 Code, sec. 22.031)
At all times in which the city administrator position is vacant, the mayor shall have and exercise the authority given to the position of the city administrator by city ordinance, subject to the continuing jurisdiction and authority of the city council. During such times, the mayor shall work with the city secretary and the department heads of the city to accomplish the business of the city.
(1995 Code, sec. 22.040)
At all times, the mayor shall have the authority granted to the office of the mayor by state statute. In addition to all other authority granted to the mayor by state statute from time to time, the authority granted to the mayor by statute includes the authority set forth in this section. The mayor shall have the additional attendant authority, duties and responsibilities established by the city council and set forth in this section to further the efficient accomplishment of the city business. The statutory powers and additional duties established by the city council are as follows:
(1) 
The mayor shall enforce the laws of the United States, the state and the city.
(2) 
Ensure that all applicable laws and ordinances are enforced and observed; provided that, if the mayor shall believe an ordinance or part thereof is in error or not warranted, the mayor shall have a duty to enforce the ordinance until such time, if any, as (i) the city attorney issues a written opinion that the ordinance, or section or part thereof, is contrary to law, or (ii) the council suspends, amends or repeals the ordinance. If the city attorney issues a written opinion that an ordinance, or part thereof, is contrary to law, the mayor shall promptly present the ordinance and opinion to the council.
(3) 
If the mayor finds any ordinance, rule, regulation, or contract of the city to be offensive, or of questionable validity, purpose or advisability, the mayor shall submit the same for council consideration at the next available council meeting. In such event, the mayor shall continue to enforce or comply therewith until such time as the council directs otherwise.
(4) 
Act and perform as the chief budget officer of the city, pursuant to section 102.001, Tex. Loc. Gov’t. Code, in the preparation, review and submission to the city council prior to the beginning of each fiscal year of a budget for proposed expenditures for the ensuing year. The mayor may deem the budget prepared by the city administrator to satisfy this requirement, without waiving any objection, amendment or comments regarding the same.
(5) 
Prepare and submit to the city council as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year. The mayor may deem any report prepared by the city administrator as satisfying this requirement, without waiving any objection, amendment or comments regarding the same.
(6) 
Keep the city council advised of the financial condition and needs of the city to assist the city council’s performance of its section 101.002, Tex. Loc. Gov’t. Code, duties. To the extent accepted and agreed by the mayor, the mayor may accept or comment on the reports filed by the city administrator.
(7) 
Purchasing and contracting authority.
(A) 
The mayor may delegate to the city administrator and the city finance director the responsibility to supervise and authorize the purchase of all materials, supplies, and equipment for which funds are provided in the approved city budget by line item up to $10,000.00.
(B) 
Authorization for the purchase of budgeted materials, supplies and services necessary for the operation or maintenance of the city services shall be upon the written request of a department head, and approved in writing by the city administrator and city finance director, for amounts up to and including $10,000.00.
(C) 
All expenditures shall be documented in writing by the city administrator and city finance director.
(D) 
Expenditures of $10,000.01 or more, not excepted as noted below, shall be reported to the city council promptly after receipt of notice that payment is due, and shall be approved by the city council prior to the disbursement of funds. The following disbursements over $10,000.00 will not require any prior or separate approval by the city council:
(i) 
Payment of payroll taxes;
(ii) 
Insurance payments, including group health, property, general liability, and workers compensation;
(iii) 
Retirement program contribution payments;
(iv) 
Bond and note payments;
(v) 
Recurring routine payments, including but not limited to, periodic software maintenance fees, annual service fees, etc., if such expenditures are provided for by line item in the approved city budget;
(vi) 
Payments for purchases provided for in subsection (9) below; and
(vii) 
Payments for capital purchases, if such purchases are provided for by line item in the approved city budget and individually approved by city council action.
(E) 
No purchase shall be made, contract let, or obligation incurred for any item or service which exceeds the current departmental budgeted line item(s) appropriation without a supplemental appropriation approved by the council. Except as provided in subsection (9) below, and except for true lease agreements for equipment necessary to operate such as copiers and postage machines, or annual contracts with providers for normal operating expenses such as telephone, cell phone and internet providers; no contract shall be let except by the city council.
(F) 
The city council shall be advised on the advantages or disadvantages of contract and bid proposals for contracts less than $50,000.00 and professional services agreements. Applicable competitive bid statutes shall govern contracts that exceed $50,000.00.
(G) 
The mayor may propose written rules governing procedures for purchasing consistent with this section and with applicable state law.
(8) 
The mayor shall report each purchase and expenditure approved pursuant to subsection (7) above to the city council. Such report shall be made at the next available regular meeting of the council held after such purchase and may be included in the staff reports and communications. The mayor may accept reports made by the city administrator as performance of this duty.
(9) 
In the event of accident, disaster, or other circumstance creating a public emergency, the mayor, with such assistance as may be necessary from the department heads, may award contracts and make purchases for the purpose of meeting said emergency, but shall file within seventy-two (72) hours with the city council a certificate describing any such emergency and showing the necessity for such emergency purchases, together with an itemized count of all such expenditures.
(10) 
The mayor shall have such further authority, duties and responsibilities as may be reasonably implied from the terms of this article, and as heretofore or hereafter provided by the city council.
(11) 
If the statutory authority of the mayor shall conflict with the provisions of the ordinances establishing the duties, authority and responsibility of the city administrator, the provisions of the ordinance establishing the duties, authority and responsibility of the city administrator shall yield, unless the mayor agrees to any such duty, authority or responsibility in any instance or matter being performed by the city administrator. When the mayor suffers or permits a duty, granted by statute to the mayor, to be performed by the city administrator, the performance of such duty, authority or responsibility shall be deemed to be performed by the city administrator for and on behalf of the mayor.
(1995 Code, sec. 22.041; Ordinance adopting Code; Ordinance 2012-O-435, sec. 2, adopted 10/2/12; Ordinance 2018-O-526 adopted 5/10/18)
The mayor shall enforce the ordinances and perform the statutory duties of the office of mayor. In all other actions and business of the city, the mayor shall consult and confer with the city council prior to undertaking a new policy, program or project. The mayor shall not change the duties and functions of any city employee or department, or attempt to waive, vary, amend or add to any contract or regulation of the city, without council approval.
(1995 Code, sec. 22.042)
The city attorney shall enforce the ordinances of the city and prosecute complaints in the municipal court. The city attorney shall have the authority to make motions to dismiss, settle or compromise municipal court cases. The city attorney shall have the authority to respond to and give opinions to the mayor, councilmembers and other officers of the city, and to deal with matters requiring his or her attention and action as necessary between council meetings.
(1995 Code, sec. 22.043; Ordinance adopting Code)
Except as specifically granted or delegated to the mayor by statute or ordinance, the city council hereby reserves to the city council all the powers, duties and authority vested in the city. The duties, responsibilities and the authority given by this article shall be undertaken and exercised in a manner consistent with and subject to majority vote and directions of the city council as a group. Individual city council members do not individually have authority to govern. A city councilmember’s duties, responsibilities, and authority are exercised in a meeting posted in compliance with the Texas Open Meetings Act; provided that the city council, by majority vote, may establish ad hoc committees of less than a quorum of city councilmembers from time to time to review and advise upon such matters assigned by the city council. Nothing herein shall prevent individual city councilmembers from requesting or gathering information, as authorized by applicable law, needed to fulfill the individual’s role as a city councilmember. Neither this article nor any other ordinance of the city shall ever be construed or deemed to authorize any officer of the city to overrule, veto, offset, overturn or nullify any vote or action by the city council.
(Ordinance 2014-O-459, sec. 1, adopted 2/13/14)