The City Council shall be composed of a Mayor and six (6) Councilmembers. The Mayor and Councilmembers shall be elected from the City at large for three (3) year terms. Each Councilmember shall occupy a place on the Council, such places being numbered 1 through 6. Each year two (2) Council places shall be elected on the City’s general election date for their respective terms except as required by the transitional provisions hereinafter set forth. No person may be elected to serve more than three (3) consecutive three (3) year terms for any City elected office or combination of City elected offices; and, for a period of two (2) years after the date upon which the third consecutive term would have ended, such person will be ineligible to hold any other City elected office.
(Ordinance 384, ex. A, adopted 5/12/15)
Candidates for the office of Mayor and City Council Member must be qualified voters of the City at the time of filing, having no felony convictions, and must be twenty-one (21) years of age at the time of the election for which they are filing. They must be a current resident of the City and must have been a resident of the City, or of recently annexed territory, for at least twelve (12) months prior to the filing date. They also shall continue to maintain their primary residence within the City for the term of office. No member of the City Council of the City of Bulverde shall hold any paid position under the city government during their term of office.
(Ordinance 384, ex. A, adopted 5/12/15)
Members of the City Council shall not receive a salary for the position. However, actual expenses incurred for conferences, meetings, and other City related business may be reimbursed.
(Ordinance 384, ex. A, adopted 5/12/15)
The Mayor shall be the presiding officer of the City Council and shall be recognized as the head of the City government for all ceremonial purposes, for emergency management purposes, and by the governor for purposes of military law. The Mayor may debate and discuss any matters before the City Council and shall vote on all issues with the City Council. The Mayor shall also:
a. 
Sign all ordinances, proclamations, resolutions, and other official City documents, as may be approved by the Council.
b. 
Serve as official head of the City for purposes of military law, national or regional disaster, or when so declared by the President of the United States or by the Governor of the State of Texas.
c. 
In time of local emergency, oversee and coordinate with the police and other health and safety providers to maintain order, enforce all laws, and provide for the general welfare of the City.
d. 
Perform other special duties as may be authorized by the Council by ordinance or resolution.
(Ordinance 384, ex. A, adopted 5/12/15)
The Mayor Pro Tem shall be a Councilmember elected by the full City Council at the first regular meeting after each general election of Councilmembers. The term of the Mayor Pro Tem is one-year and there shall be no restriction upon the number of times that the Mayor Pro Tem may be re-elected, other than the term limitation of each Councilmember. The Mayor Pro Tem shall act as Mayor during a disability, absence, or vacancy in the Office of Mayor and in this capacity, shall have all the rights and responsibilities conferred upon the Mayor, with the exception that the Mayor Pro Tem shall not be entitled to cast a vote as Mayor on any matter considered by the City Council. The Mayor Pro Tem shall remain entitled to vote as a Councilmember at all times, including times when acting as Mayor in accordance with this section.
(Ordinance 384, ex. A, adopted 5/12/15)
The candidate for elective office receiving a majority, meaning more than fifty (50) percent of the votes cast, shall be declared the winner. In the event that no candidate receives a majority of all votes cast at such election, the City Council shall, upon completion of the official canvass of the ballots, issue a call for a runoff election to be held in accordance with the requirements of the Texas Constitution and the Texas Election Code.
(Ordinance 384, ex. A, adopted 5/12/15)
The processes for vacancies, forfeitures, and filling vacancies for Mayor and Councilmembers shall be as follows:
a. 
Vacancies.
The office of a Councilmember or Mayor shall become vacant upon the member’s death, resignation, removal from office, or forfeiture of office in any manner authorized by law.
b. 
Forfeiture of Office.
A Councilmember or Mayor shall forfeit office if that person:
1. 
Lacks at any time during the term of office for which elected any qualification for the office prescribed by this Charter or by law; or
2. 
Violates any express prohibition of this Charter; or
3. 
Is convicted of or pleads no contest to a felony or is convicted of or pleads no contest to a misdemeanor involving moral turpitude; or
4. 
Fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council; or
5. 
Must vacate office by the mandate of any other law.
c. 
Removal from Office.
If it is alleged that a Councilmember or the Mayor has forfeited office, the City Council may conduct an investigation to determine whether forfeiture has occurred. If an investigation is commenced, the City Council must provide notice to the officer alleged to have forfeited office and provide the officer with an opportunity to respond. The officer subject of the investigation may not participate in the Council’s deliberation or action on the removal from office. The City Council may, by five (5) affirmative votes, remove from office the person found to have forfeited his or her office.
d. 
Filling of Vacancies.
When a vacancy occurs on the City Council with more than twelve (12) months remaining in the term, the remaining members of the City Council shall call a special election within one hundred twenty (120) days after such vacancy or vacancies occur and the elected councilmember shall serve for the remainder of the term. When a vacancy occurs on the City Council with twelve (12) months or less remaining in the term, the remaining members of the City Council shall appoint a member who meets the qualifications to the City Council for the remainder of the vacated term.
(Ordinance 384, ex. A, adopted 5/12/15)
All powers and authority which are expressed or implied to be conferred or possessed by the City shall be vested in and exercised by the City Council, in accordance with the following:
a. 
Except where in conflict with and otherwise provided for within this Charter, and subject to the Constitution and laws of the United States and the State of Texas, the City Council may establish ordinances, determine matters of policy, and otherwise exercise all municipal powers, functions, rights, privileges, and immunities that may be expedient for maintaining and promoting the welfare and government of the City.
b. 
No individual member of the City Council shall have any power to act, investigate, make appointments, or inquire into the conduct of any office, department, or agency of the City without the specific authorization of the City Council in an official meeting.
c. 
Without limitation of the foregoing and among the other powers that may be exercised by the City Council, the following are hereby enumerated for greater certainty:
1. 
Appoint and remove the City Manager, City Attorney, and Municipal Judge(s)
2. 
Review, revise, and adopt the budget of the City
3. 
Appoint members of City boards and commissions as defined and established by ordinance
4. 
Collectively, and through the City Manager, inquire into the conduct of any office, department, or agency of the City and make investigations as to municipal affairs
5. 
Adopt and require the maintenance of both the official map of the City and the official zoning map
6. 
Adopt and as necessary modify zoning, subdivision plats, development master plans including the approval of variances in cooperation with the Planning and Zoning Commission
7. 
Fix and regulate rates and charges of all City utilities and public services
8. 
Authorize the issuance of bonds and other debt instruments.
(Ordinance 384, ex. A, adopted 5/12/15)
Unless otherwise authorized within this Charter, or by law, no Mayor or Councilmember shall hold any other City Office or City employment during their term as Mayor or Councilmember. Additionally:
a. 
No former Mayor or Councilmember shall hold any compensated appointive office or City employment until two (2) years after the expiration of the last term to which they were elected or appointed.
b. 
Neither the Mayor, the Council, nor any of its members shall, in any manner, direct the appointment, hiring, or removal from office of any employee whom the City Manager or any of the City Manager’s subordinates are empowered to appoint, hire, or remove, other than the advice and consent function of the Council for specified City positions. The City Council, at a meeting called for that purpose, may express its views, and fully and freely discuss with the City Manager anything pertaining to appointment and removal of any employee.
c. 
Except for the purpose of inquiries and investigations as provided by this Charter, the City Council shall deal with City administrative officers and employees, who are subject to the direction and supervision of the City Manager, solely through the City Manager.
d. 
Neither the Mayor, nor the City Council Members, nor the City Council acting as a body, shall give directives to any such officer or employee, either publicly or privately, except as otherwise provided in this Charter.
(Ordinance 384, ex. A, adopted 5/12/15)
Regular City Council meetings shall be held in accordance with State Law at City Hall or at such place as the City Council may designate. Additionally:
a. 
The City Council shall hold at least one (1) meeting per month and as many additional meetings as it deems necessary to transact the business of the City.
b. 
The City Council shall fix, by ordinance, the date, time, and place of regular meetings.
c. 
Except as provided by State Law, all City Council meetings shall be open to the public and shall be held and notice given in accordance with the Texas Open Meetings Act.
d. 
Special meetings of the Council may be on the call of the Mayor, City Manager, or by a majority of Councilmembers and upon provision of public notice in accordance with the Texas Open Meetings Act.
(Ordinance 384, ex. A, adopted 5/12/15)
Four (4) members of the City Council shall constitute a quorum for the purpose of transacting business. No action of the City Council, except as specifically provided in this Charter shall be valid or binding unless adopted by the affirmative vote of four (4) members of the City Council. The presence of the Mayor at any Council meeting shall count toward a quorum.
(Ordinance 384, ex. A, adopted 5/12/15)
Any member of the City Council having a conflict of interest, pursuant to any State Laws or City ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Council, such Councilmember shall openly declare same before discussion proceeds, and is thereby prohibited from being present for the discussion of the item or voting on the question.
(Ordinance 384, ex. A, adopted 5/12/15)
Any member of the City Council shall abstain from voting on any question before the Council, if a conflict of interest exists. When this occurs, the member’s vote shall be recorded as an abstention vote in the official minutes of the meeting.
(Ordinance 384, ex. A, adopted 5/12/15)
The City Council may determine its own rules and order of business, consistent with any applicable State Law, provided, however, that:
a. 
The City Council shall provide that the citizens of the City have a reasonable opportunity to clearly hear and be heard at all regular meetings and public hearings with regard to specific matters under consideration.
b. 
The City Council shall provide for minutes to be taken or recordings made for all public meetings as required by law. Such minutes or recordings shall be a public record and shall be kept and maintained by the City Secretary. Voting shall be by public vote.
c. 
The Mayor, a majority of Councilmembers, or the City Manager may place items on the agenda prior to the agenda being posted.
(Ordinance 384, ex. A, adopted 5/12/15)
The City Council shall legislate by ordinance.
a. 
The enacting clause of every such ordinance shall be “Be it ordained by the City Council of the City of Bulverde, Texas,”
b. 
Each proposed ordinance shall be introduced in written or printed form. No ordinance shall contain more than one (1) subject, which shall be clearly expressed in its title.
c. 
An affirmative vote of four (4) members of the City Council shall be required for adoption of an ordinance.
d. 
After adoption, an ordinance shall not be amended or repealed except by the adoption of another ordinance amending or repealing the original ordinance.
e. 
Every ordinance shall become effective upon adoption or at any later time specified in the ordinance, except that every ordinance imposing any penalty, fine, or forfeiture shall become effective only after notice of the adoption of said ordinance has been provided as required by law.
(Ordinance 384, ex. A, adopted 5/12/15)
All ordinances are to be authenticated, recorded, and filed according to law. Additionally:
a. 
Every ordinance enacted by the City Council shall be signed by the Mayor, by the Mayor Pro Tem when acting as Mayor, or by four (4) Councilmembers in the absence, inability, or refusal of the Mayor or the Mayor Pro Tem.
b. 
All ordinances adopted by the City Council shall be authenticated by seal and signature of the person performing the duties of the City Secretary.
(Ordinance 384, ex. A, adopted 5/12/15)
The City Council may require any City officer or employee, before entering upon the duties of their offices, to enter into a good and sufficient corporate surety bond in the sum to be determined by the City Council. The bonds shall be payable to the City of Bulverde and conditioned upon the faithful discharge of the duties of such persons and upon the faithful accounting of all monies, credits, and things of value coming into the hands of such persons, and such bonds shall be signed as surety by a corporate surety bond company authorized to do business under the laws of the State of Texas, and the premium on such bonds shall be paid by the City of Bulverde, and such bonds must be acceptable to the Council. The Council may also require new bonds at any time, if in its opinion; the existing bond on any officer or employee is insufficient.
(Ordinance 384, ex. A, adopted 5/12/15)
The City Council shall promulgate a Code of Ethics governing the City Council and all City officers and employees which shall include, but not be limited to, the following: wrongful influence, wrongful interference, employees’ political activities, penalties, conflict of interest, acceptance of gifts, conduct of members, and confidential information.
(Ordinance 384, ex. A, adopted 5/12/15)