The governing and law making body of the City of Coleman shall consist of a Mayor and four (4) Council members, and said body shall be known as the “City Council of the City of Coleman.” The members of the City Council shall be the only elective officers of the City. The members of the City Council shall run for office, and be elected from each of four (4) Wards by the voters of the City of Coleman as a whole, in the manner provided in Article 3, for a term of two (2) years, or until their successors are duly elected and qualified. The Mayor and two (2) members of the Council shall be elected by popular vote each odd numbered year, and two (2) members shall be so elected each even numbered year.
Candidates for City Council members shall file for place number one, place number two, place number three, and place number four, as the case may be, and shall be voted upon and elected by the voters of the City of Coleman as a whole.
Candidates for Place Number One shall be a resident of the City of Coleman as hereinafter provided in Article II, Section 2.04,and shall reside in that area of the City of Coleman which lies north of the railroad tracks, and north of the center line of Cottonwood Street from the east line of the City limits to the west line of the City limits.
Candidates for Place Number Two shall be a resident of the City of Coleman as herein provided in Article II, Section 2.04, and shall reside in that area of the City of Coleman south of the centerline of Cottonwood Street, north of the centerline of Sixth Street, west of the centerline of Pecos Street, and east of the west line of the City limits.
Candidates for Place Number Three shall be residents of the City of Coleman as hereinafter provided in Article II, Section 2.04, and shall reside in that area of the City of Coleman south of the centerline of Cottonwood Street and the railroad tracks, east of the centerline of Pecos Street, north of the centerline of Sixth Street, and west of the east line of the City limits.
Candidates for Place Number Four shall be a residents of the City of Coleman as hereinafter provided in Article II, Section 2.04, and shall reside in that area of the City of Coleman north of the south line of the City limits, east of the west line of the City limits, west of the east line of the City limits, and south of the centerline of Sixth Street.
Candidates for Mayor shall be residents of the City of Coleman as hereinafter provided in Article II, Section 2.04, and shall be elected by the voters of the City of Coleman as a whole.
No person elected to the City Council, shall, during the term for which elected, be appointed to any office or position in the service of the City when holding those offices concurrently would be prohibited by law. A member of the City Council, the Chief of Police, or a member of any board appointed by the City Council, or any appointive officer or employee of the City who becomes a candidate for nomination or election to any publicly elected office other than re-election to the same position on the City Council where the holding of those offices are prohibited by law, shall forfeit that office or position with the City effective upon election to such office.
Each of the four (4) Council members, and the Mayor, shall be citizens of the United States of America and a registered qualified voter of the State of Texas, and shall be at least 18 years of age; and shall live within the corporate limits of the City of Coleman, and shall have resided within the corporate limits for at least one (1) year preceding the election at which they are candidates. Each of the four (4) City Council persons shall have lived within the Ward for which they are filing for a minimum of one (1) year immediately preceding the election at which they are a candidate. They shall not be disqualified by reason of any provision of any other section of this Charter.
A member of the Council, or Chief of Police, ceasing to possess any of the qualifications specified in this section, or any other section of this Charter, or convicted of a felony while in office, shall immediately forfeit the office.
In accordance with state law, no member of the Council shall hold any other public office within the City, except that of Notary Public or member of the National Guard, Naval or Military Reserve, or be a retired member of the Armed Forces.
Any individual elected under this Charter shall continually reside within the City limits of the City of Coleman during their term of office. The failure to reside within the City limits of Coleman shall result in an automatic vacancy in the office, said vacancy to be filled consistent with the process for filling a vacancy as provided for in this Charter.
The City Council shall be the judge of the election and qualifications of its own members, and for such purpose shall have power to subpoena witnesses and require the production of records.
In the event a vacancy or vacancies occurs in the office of Mayor or Council Member, from any cause whatsoever, the remaining Council Members shall, if the remainder of the term is one year or less, have the option of appointing a qualified person to fill such vacancy or vacancies until the next regular election. If the remainder of the term is in excess of one year, the Council shall; and if for less than one year, may call a special election which shall be held on the earliest date permitted by state law, after the vacancy or vacancies occurs, for the purpose of filling such position or positions for the remainder of the unexpired term.
All powers and authority which are explicitly conferred on or possessed by the City shall be vested in and exercised by the City Council provided, however, that the Council shall have no power to exercise those powers which are expressly conferred on other City Offices by this Charter.
All members of the Council who are present, shall vote upon every resolution or ordinance, except where there is a conflict of interest, as defined in Sections 171.001 thru 171.007 of the Local Government Code, and as hereinafter may be amended. The reason for such conflict shall be stated concisely.
The Mayor of the City shall preside over the meetings of the City Council and perform such other duties consistent with the office, as may be imposed by this Charter and the ordinances and resolutions passed in pursuance hereof. The Mayor may debate and discuss any matters before the City Council and shall vote on every resolution or ordinance, except where there is a conflict of interest, as defined in Sections 171.001 thru 171.007 of the Local Government Code, and as may be amended. The reason for such conflict shall be stated concisely. The Mayor shall sign all official documents when authorized to do so by the City Council.
The Mayor shall be recognized as the official head of the City, by the court, for the purpose of serving civil process; by the Governor, for the purpose of enforcing military law, and for all ceremonial purposes.
In time of danger or emergency, the Mayor may, with the consent of the Council, take command of the police, and govern the City by proclamation, and maintain order and enforce all laws.
The Mayor Pro Tem shall be elected from among the four (4) Council members; shall be selected each year at the first regular meeting following the general City election, and shall, in the absence or disability of the Mayor, perform all the Mayor’s duties.
The City Manager shall appoint, and may remove with or without cause, a City Secretary, and such Assistant City Secretaries as deemed advisable, whose duties and obligations shall be determined and supervised by the City Manager.
The City Council shall appoint and/or remove a City Attorney, who shall be duly licensed and admitted to the practice of law by the State of Texas. The City Attorney shall be legal advisor of and attorney for all officers of the City, and shall represent the City’s interest in litigation and legal proceedings. The term of the appointment shall be concurrent with that of the term of the Mayor.
The City Council shall hold two (2) regular meetings in each month, at a time to be fixed by it, for such regular meetings. Such time shall be designated by motion, ordinance, or resolution, which action shall be published at least one (1) time in the official newspaper of the City. The City Council may, at its own election, convene for only one (1) regular Council meeting in any month should circumstances warrant. The City Council may hold as many additional called meetings during any month as may be necessary for transaction of the business of the City and its citizens.
The City Council shall determine its own rules of procedure and order of business and may compel the attendance of its members.
Three (3) members of the City Council shall constitute a quorum to do business. The affirmative vote of a majority of those attending any meeting at which there is a quorum present shall be necessary to adopt any ordinance or resolution. All meetings of the City Council shall be open to the public, as provided by state law, and minutes of all proceedings shall be kept, to which any citizen may have access at all reasonable times, and said minutes shall constitute one of the archives of the City.
The vote upon the passage of all ordinances and resolutions shall be taken by ayes and nays made in open meetings by a canvass of the Council, and the vote of each Council member shall be entered upon the minutes. Every ordinance or resolution upon its final passage shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer and the City Secretary.
The City Council shall legislate by ordinance, and the enacting clause of every ordinance shall be: “Be it ordained by the City Council of the City of Coleman.”
Every ordinance enacted by the Council shall be signed by the Mayor or Mayor Pro Tem, and shall be filed with and recorded by the City Secretary. The descriptive caption of all ordinances enacted by the Council shall be read in open meeting of the Council at two (2) regular or special Council meetings unless the City Council, upon an affirmative vote of two-thirds of the City Council, vote to waive the second reading in which case only one reading shall be required for adoption.
Additionally, any Council Person or the Mayor may call for the entire ordinance to be read aloud. All ordinances, unless otherwise provided by law or by the terms of such ordinance, shall take effect in accordance with Article 2, Section 2.14.
Except as otherwise provided by law, or by this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine, or forfeiture for any violation of any of its provisions, and of every other ordinance required by law, or this Charter, to the public, by causing the said ordinance, or its caption and penalty, to be published at least one time after final passage thereof in the official newspaper of the City. The affidavit of such publication by the publisher of such newspaper, taken before any officer authorized to administer oaths, and filed with the City Secretary, shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. Such ordinance shall take effect upon publication, as required by law.
All ordinances of the City of Coleman adopted prior to the adoption of this Charter, and not inconsistent with the provisions of this Charter, shall remain in full force and effect until altered, amended, or repealed by the City Council.
All official actions taken by the City of Coleman, its City Councils, or other City officials, and all previous elections, contracts, bonds, warrants, and other evidences of indebtedness, and any annexations, prior to the adoption of this Home Rule Charter, are hereby adopted, validated, confirmed, and ratified.
The City Council shall have power to cause the ordinances of the City of Coleman to be printed in code form and shall have the same arranged and digested as often as the Council may deem advisable; however, failure to print the ordinances as herein provided shall not affect the validity of same.
After the adoption of this Charter, all elected officials of the City shall serve as previously elected until the completion of their terms of office, after which the provisions of this Charter shall be fully applicable, and shall govern and control.