The Legislative and Governing Body of the City Council shall consist of six (6)members including the Mayor and five (5) Council members. Except as hereinafter provided, each Council member including the Mayor, shall serve a term of two (2) years upon being duly elected. The City shall be divided into four (4) separate and distinct geographical districts. Each district shall, to the extent reasonable possible, be equally populated. Four (4) Council members shall be elected, one (1) from each of the four (4) geographical districts, which shall be numbered One, Two, Three and Four respectively. The qualified voters of each of said districts shall by plurality vote, elect one (1) Council member to a Place on the council numbered to correspond with the district of which the voter is a resident. The fifth Council member, to be designated as Place Number 5, and the Mayor shall be elected at large by all of the qualified voters of the City by a plurality vote.
Following upon the adoption of this Proposed Charter Amendment an election shall be held on the first Saturday in May of 1988 and Council members for Places One, Two, Three, Four and Five and the Mayor shall be elected. In said election, the Mayor and Council members for Places Five and One shall be elected to serve two (2) year terms but Council members for Places Two, Three and Four shall be elected for only a one year term thereafter on the first Saturday in May in each odd numbered year an election shall be held to elect the Council members for Places Two, Three and Four for two (2) year terms and on the first Saturday in May in each even numbered year an election shall be held to elect the Mayor and Council members from Places Five and One for two (2) year terms from the date of their election.
(Sec. 2.01. ameneded by general election; May 10, 2008)
Each member of the Council shall receive $10.00 for each regular meeting attended, and the Mayor shall receive $30.00 for each regular meeting attended; further, actual expenses incurred when on official business shall be reimbursed. Effective May 1996, each member of the Council shall receive $25.00 for each regular meeting attended and the Mayor shall receive $50.00 for each regular meeting attended.
Duly elected City officials acting in their official capacity shall be protected by the City from personal financial loss resulting from Council decisions made while in official sessions as a result of law suits filed pertaining to such decisions.
The Mayor shall preside at the meetings of the Council and shall be recognized as the Head of the City Government for all ceremonial purposes, and for military law or other emergencies. The Council shall elect from among its members a Mayor Pro Tempore at the first meeting after the General Election, to serve one year. The Mayor Pro Tempore shall serve in the absence or disability of the Mayor, and will have no voting powers while serving in this capacity except in case of tie.
Each of the four (4) Council members elected from a district shall be a qualified voter of the State of Texas and have been a resident of the district from which the Council member is elected for no less than six (6) months prior to the filing for office and must continue to reside in that district for his or her entire term of office. The Mayor and the one (1) Council member elected at large shall be a qualified voter of the State of Texas and each shall have been a resident of the City of Atlanta for no less than six (6) months prior to filing for office and must continue to reside in the City for his or her entire term.
If any member of the Council shall at any time fail to possess any of the above qualifications, his/her office shall immediately become vacant. If any member is absent from three (3) consecutive regular meetings without explanation acceptable to a majority of the other members, his/her office shall be declared vacant at the next regular meeting of the Council.
The Council shall be the judge of the qualification and election of its own members and shall, on the next regular meeting after each regular and special election, canvass the returns and declare the results of each election.
When a vacancy occurs in the Council, the remaining members shall, within thirty (30) days, appoint a qualified person to serve until the next regular or special City election, when it shall be filled for the unexpired term, if any, by regular election procedure. The Council shall not, however, fill more than one (1) vacancy by appointment within the period between two (2) regular City elections. In the event more than one (1) vacancy occurs during said period, then the Council shall order a special election to be held within forty-five (45) days of the last vacancy, to elect the successor or successors to the office or offices vacated; however, no special election shall be held within ninety (90) days before a regular City election. Vacancies filled by special election shall be for the remainder of the term of office. In the event three (3) or more vacancies occur together, the County Judge of Cass County shall, within thirty (30) days, call an election to fill such vacancies.
A simple majority of the voting members of the Council shall constitute a quorum at a regular or special Council meeting. The affirmative vote of a simple majority of the members of the Council present shall be necessary to take any action at a regular or special Council meeting. The Mayor shall have no veto power.
Voting shall be by “For” or “Against” on roll call. The Mayor shall have no vote except in case of tie. All members of the Council present, except the Mayor, shall vote upon every resolution or ordinance, except when there is a conflict in interests and the reason shall be stated concisely in the record, and the vote of each member shall be recorded in the minutes.
All power of the City shall be vested in the Council, except as otherwise provided by law or this Charter.
The City Council shall exercise its powers by oral resolution recorded in the minutes, written resolution, and written ordinances so that there will be a written record for all action. Written ordinances shall be required for every act establishing a penalty, or when required by law or this charter. Otherwise the Council shall determine whether to use an oral resolution recorded in the minutes, a written resolution, or a written ordinance to exercise its powers. To be effective each resolution and ordinance shall be passed in accordance with the provisions for taking action prescribed in Section 2 08 of this Charter. Every proposed ordinance shall be introduced in written or printed form as may be required by law and the subject matter shall be clearly expressed in its title Except as otherwise provided by this Charter, it shall be necessary that the ordinance be read, exclusive of exhibits and incorporations by reference one (1) time at each of two (2) regular or special Council meetings before it can be voted upon and passed. Unless otherwise provided herein, said ordinances shall take effect upon final passage. The City Secretary shall cause the descriptive caption and penalty, fine or forfeiture for any violation of its provisions to be published in one (1) issue of the official newspaper of the City of Atlanta with a statement of places where copies have been filed for public inspection and, with the exception of emergency notices, no such ordinance shall take effect until after the date of publication. The City Secretary shall note on every ordinance whose caption and penalty clauses are required to be published, and on the record thereof, the date of publication which shall be prima facie evidence of the legal publication. Every ordinance shall be authenticated by the signature of the Mayor and the City Secretary and shall be systematically recorded and indexed in an ordinance book in a manner approved by the Council. It shall be necessary to record only the caption or title of ordinances in the minutes or journal of the Council meetings.
To meet a public emergency affecting life, health, property or the public peace, the Council may adopt emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its service, or authorize the borrowing of money except as provided in Section 9.14. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, or amended, by a simple majority of the Council members present. After adoption, emergency ordinances shall be published and printed as prescribed for other ordinances. They shall become effective upon adoption or at such later time as the ordinance may specify. Every emergency ordinance except one made pursuant to Section 9.14 shall automatically stand repealed as of the sixty-first (61st) day following the date of adoption, but this shall not prevent re-enactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.
All ordinances of the City now in existence and not inconsistent with provisions of this Charter shall remain in effect until amended or repealed by the City Council.
(a) 
Holding Other Office or Being a Candidate.
Except upon resignation from office, no Council member or Mayor shall become a candidate for any other elective office when the term of such office begins prior to the expiration of the term of the office presently held. In the absence of a formal resignation, the act of filing to become a candidate for such an office shall be deemed resignation from the Council and create a vacancy on the Council. Nothing in the paragraph shall prohibit a Council member or Mayor from becoming a candidate for the same or another office when his or her term of office ends at the same time the office sought begins. If any employee of the City or an appointee of the Council, other than an appointed Council member, files for an elective office, in the City of Atlanta, his or her position shall be vacant upon such filing. No former Council member may hold any compensated appointive City office or employment until two (2) years after the expiration of the term for which he or she was appointed or elected to the Council.
(b) 
Appointments and Removals.
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 City Manager anything pertaining to appointment and removal of such officers and employees.
(c) 
Interference with Administration.
Except for the purpose of inquires and investigations under Section 2.14, the Council or its members shall deal with City officers, department heads, and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give orders to any such, department head, or employee, either publicly or privately.
The Council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be guilty of a misdemeanor punishable by a fine of not more than $200.00.
Prior to the end of each fiscal year, the Council shall designate a certified public accountant, who, as of the end of the fiscal year, shall make an independent audit of accounts, and other financial transactions of the City Government and shall submit a report, in open meeting, to the Council for approval, and to the City Manager. Such accountant shall have no personal interest, direct or indirect, in the fiscal affairs of the City Government or any of its officers. A copy of such audit shall be kept in the office of the City Secretary subject to inspection by any citizen and officer during regular office hours The audit shall be completed and submitted to the City Council within one hundred twenty (120) days of the conclusion of the fiscal year for which the audit is being performed.
The Council shall meet regularly at least once each month and any other time the Council deems necessary. The time and/or place may be changed by ordinance or resolution. Special meetings of the Council may be called by the Mayor, Mayor Pro Tempore, or a majority of the Council Except as otherwise provided by the provisions of Article 6252-17 of the Revised Civil Statues of Texas, as from time to time amended, or specifically permitted in the Texas Constitution, every regular, special or called meeting of the Council shall be open to the public. All meetings of Council, whether in regular, special, called or in executive session shall be conducted in accordance with the provisions of the laws of the State of Texas pertaining thereto. The City Secretary shall make diligent effort to cause the news media of the City of Atlanta to be notified of all Council meetings a minimum of two (2) hours prior to such meetings.
(Sec. 2.16. amended by general election; May 6, 2000)
The City Manager shall appoint a City Secretary and one or more deputies. The City Secretary or deputies shall give notice of Council meetings, keep detailed minutes of it proceedings, shall authenticate by his or her signature, and record in full all ordinances and resolutions in a book kept and indexed for this purpose, and shall perform such other duties as the City Manager shall assign and those elsewhere provided in this Charter.
To facilitate the keeping of minutes of each meeting of the Council, the City Secretary shall make, and keep for public review for a period of twelve (12) months, a tape recording or other suitable verbatim record of each meeting. In the event a question or dispute arises concerning the minutes of a meeting, the recording shall be consulted to resolve such question, and the minutes shall be corrected accordingly. Nothing contained herein shall require the public disclosure of tape recorded proceedings of the Council in executive session or other meeting not open to the public.
The Council shall appoint a competent and duly licensed attorney practicing law in the State of Texas who shall be the City Attorney, who shall receive such compensation as may be fixed by the Council and who shall hold office at the pleasure of the Council. The City Attorney shall be the legal advisor, attorney and counselor for the City, its officers and departments. The Council shall, when it deems necessary, appoint one (1) or more assistants to the City Attorney and set their compensation. The City Attorney and his/her associates shall represent the City in litigation at such fees as may be agreed upon with the Council, but at the Council’s discretion may or may not participate in litigation for the collection of delinquent taxes. Special attorneys may be employed under contract for the collection of delinquent taxes and for any other purposes, at such fees, and for such length of time as the Council may prescribe.
The City Council shall appoint the City Manager, City Attorney, and the Municipal Judge. All other positions within the City shall be filled through appointment by the City Manager, except those positions requiring approval by the City Council as provided in Sections 7.02 and 8.02.
The Council may, by ordinance, establish or abolish such advisory boards, commissions, or other advisory officers as may be deemed appropriate or desirable from time to time, and may fill such boards, commissions, or offices, by appointment of qualified residents of the City of Atlanta, the function, term, and exact composition of such boards, commissions, and offices to be prescribed by the ordinance.