(1) 
Members.
The "City Council" shall be composed of a "Mayor" and five (5) "Councilmembers" elected under the Place System, with there being Places 1, 2, 3, 4, and 5. The Mayor and each Councilmember shall be elected at large until the time of transition to geographic districts as provided in subsection 3.01(4) of this Section, and unless sooner removed under the provisions of this Charter and as provided in subsection 3.01(2) below, each shall serve for a term of three (3) years, or until their successor has been appointed or elected and duly qualified. All of the City Council holding office at the time of passage of this Charter and any amendments hereto shall continue to hold their respective office until the respective term for which they were elected expires.
(2) 
City council.
City Council shall be elected as follows upon expiration of each offices' current term at the time of the Charter's adoption:
(i) 
In order to provide for an orderly transition from two (2) year terms to three (3) year terms, the Mayor and Council Places 1 through 5 shall draw lots at the next open meeting of the City Council after adoption of this Charter.
(ii) 
For the 2023 general election, the offices of Mayor, Council Place 3 and Council Place 4 shall draw lots with the result that two (2) offices shall have two (2) year terms and one (1) office shall have a three (3) year term. Each general election thereafter for Mayor, Council Place 3 and Council Place 4 shall each be for a three (3) year term.
(iii) 
For the 2024 general election, the offices of Council Place 1, Council Place 2 and Council Place 5 shall draw lots with the result that one (1) office shall have a two (2) year term and two (2) offices shall have a three (3) year term. Each general election thereafter for Council Place 1, Council Place 2 and Council Place 5 shall each be for a three (3) year term.
(iv) 
Two (2) offices of the City Council shall be subject to election each year.
(3) 
Majority vote.
The candidate for election to the office of Mayor who receives a majority of votes cast for all candidates for such office at the municipal election shall be declared elected. The candidate for election to each Place on the Council, who receives a majority of the votes cast for all candidates for such Place at the municipal election, shall be declared elected. Runoff elections shall be called in accordance with Section 5.04 of this Charter.
(4) 
Transition to districts.
Within two (2) years following the date of release of the 2030 federal census data for the City, or once the City reaches 10,000 in population, whichever occurs sooner, the City Council shall adopt such ordinances and take all necessary action so that there shall be a minimum of two (2) Council seats elected by geographic district and a minimum of two (2) Council seats elected at large. The Council shall have the discretion to determine whether the fifth Council seat is to be elected at large or elected by geographic district; however, the Council position of Mayor shall always be elected at large. Geographic districts shall be determined by division of the City's population to establish equality of population and shall comply with all legal requirements in effect at the time of transition under this Section.
(Ordinance 767-22 adopted 11/16/2022)
No person shall serve as Mayor for more than three (3) consecutive elected three (3) year terms, and no person shall serve as Councilmember for more than three (3) consecutive elected three (3) year terms. Any Councilmember or Mayor who is ineligible to run for elected City office due to the limitations on terms as provided herein shall remain ineligible to hold an elected City office for a period of eighteen (18) months following the expiration of the most recent term of City office for which he or she was elected. Additionally, no person shall serve as Councilmember and/or Mayor (combined) for more than five (5) elected three (3) year terms.
For purposes of this Section 3.02 and computing the limitations on terms:
(1) 
A Mayor or Councilmember, who vacates, for any reason, City office before the end of the term for which he or she was elected, shall be considered to have completed that term.
(2) 
An appointment or election to fulfill an unexpired Councilmember term, or unexpired Mayor term if applicable, shall be computed as follows:
(i) 
If less than fifty percent (50%) of the term is remaining, the appointee shall be considered as having completed a "term" for purposes of calculating the number of consecutive terms or the number of cumulative years to be included in the computation of term limits; or
(ii) 
If fifty percent (50%) or more of the term is remaining, the appointee shall not be considered as having completed a "term" for purposes of calculating the number of consecutive terms or the cumulative years to be included in the computation of term limits.
(3) 
Notwithstanding anything to the contrary within this section, the first term to which a candidate is elected following the adoption of this Charter, including an initial two (2) year term, shall be the first term counted towards the term limit provisions of this section.
(Ordinance 767-22 adopted 11/16/2022)
In addition to any other qualifications prescribed by law, the Mayor and each Councilmember shall meet the qualifications set forth in Article V of this Charter in order to file for office and while in office.
(Ordinance 767-22 adopted 11/16/2022)
The City Council shall be entitled to reimbursement for actual expenses incurred in the performance of official duties with the approval of the City Council at a public meeting.
(Ordinance 767-22 adopted 11/16/2022)
(1) 
The Mayor shall attend and preside at meetings of the City Council. The Mayor shall participate in the discussion of all matters coming before the City Council but shall not have a vote on matters before the City Council except in the event of a tie. The Mayor shall have a one-time veto power over ordinances adopted by the City Council, which can be overridden by a majority vote of the City Council, excluding the Mayor, at the next regular or special meeting. The Mayor shall also represent the City in intergovernmental relationships, present an annual state of the City message and perform other duties specified by the City Council and/or imposed by this Charter and by ordinances and resolutions passed in pursuance thereof. Additionally, the Mayor may sign, after approval by the City Council, all contracts and conveyances made or entered into by the City and all bonds, warrants and any other obligation issued under the provisions of this Charter. The Mayor shall be recognized as head of the City government for all ceremonial purposes, and by the Governor for purposes of military law, but shall have no regular administrative duties.
(2) 
The Mayor Pro-Tem shall be a Councilmember elected by the City Council at the first regular meeting after each election of Councilmembers and/or Mayor or at the first regular meeting after any applicable run-off election, whichever is later. The Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor, and in this capacity shall have the rights conferred upon the Mayor.
(3) 
The Deputy Mayor Pro-Tem shall be a Councilmember elected by the City Council at the first regular meeting after each election of Councilmembers and/or Mayor or at the first regular meeting after any applicable run-off election, whichever is later. The Deputy Mayor Pro-Tem shall act as Mayor during the disability or absence of the Mayor and Mayor Pro-Tem, and in this capacity shall have the rights conferred upon the Mayor.
(Ordinance 767-22 adopted 11/16/2022)
(1) 
The office of a Councilmember or the Mayor shall become vacant upon his or her disqualification, death, resignation, forfeiture of, or removal from office by any manner authorized by law. Additionally, the office of any Councilmember elected by geographic district shall become vacant upon such member ceasing to have his/her primary residence within the geographic district to which he/she was elected at any time, or for any length of time, during the term for which such person was elected.
(2) 
If any member of the City Council is absent from three (3) consecutive regular meetings, or twenty-five percent (25%) of regularly scheduled meetings during the twelve-month (12-month) period immediately preceding and including the absence in question (the "12-month period"), without explanation acceptable to a majority of the remaining members of the City Council, his or her office shall be declared vacant at the next regular meeting of the City Council by Council adoption of a resolution. The first 12-month period for purposes of this section shall begin the first day of the month following the adoption of this Charter.
(3) 
Any person on the City Council who ceases to possess the required qualifications for office under applicable federal law, state law or this Charter, including without limitation Article V hereof, or who is convicted of a felony or of a misdemeanor involving moral turpitude or is convicted of violating any state laws regulating conflicts of interest of municipal officers shall forfeit his or her office. Every forfeiture shall be declared and enforced by the City Council. The City Council shall convene a public hearing before exercising its authority under this provision and permit the Councilmember subject to the action to be heard regarding forfeiture of office, if requested.
(4) 
If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election held within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code.
(5) 
A vacancy in the office of a Councilmember, shall be filled by special election held within one hundred twenty (120) days after such vacancy occurs, in accordance with the Texas Constitution and the Texas Election Code. Notwithstanding the foregoing, in the event that a vacancy occurs on the City Council where the remainder of the unexpired term for such office is twelve (12) months or less, the City Council may fill such vacancy by majority vote approval of a person who meets all qualifications of state law and this Charter to hold office.
(6) 
If the vacated office is that of Mayor Pro-Tem or Deputy Mayor Pro-Tem, the City Council shall elect a new Mayor Pro-Tem or Deputy Mayor Pro-Tem at the next regular meeting following such vacancy or as soon thereafter as practicable.
(7) 
Vacancies filled by special election or by appointment, as applicable, shall be for the remainder of the term vacated.
(Ordinance 767-22 adopted 11/16/2022)
All powers of the City and the determination of all matters of policy shall be vested in the City Council. Except where in conflict with and otherwise expressly provided by this Charter, the City Council shall have all powers authorized to be exercised by the Constitution and laws of the United States and the State of Texas and the acts amendatory thereof and supplementary thereto, now or hereafter enacted. 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;
(2) 
Appoint and remove the City Secretary;
(3) 
Appoint and remove the Municipal Judge(s) of the Municipal Court;
(4) 
Appoint and remove the City Attorney;
(5) 
Designate items to appear on a future agenda of a City Council meeting for consideration and/or discussion;
(6) 
Establish administrative departments;
(7) 
Adopt the budget of the City;
(8) 
Collectively inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs;
(9) 
In accordance with Article VIII of this Charter, provide for such boards, commissions and committees as deemed necessary, and appoint the members of all such boards, commissions and committees, each of which shall have all powers and duties now or hereafter conferred by City ordinance or by applicable law;
(10) 
Adopt and modify the official map of the City;
(11) 
Adopt, modify and carry out plans in cooperation with the Planning & Zoning Commission for the planning, improvement and redevelopment of specific areas of the City;
(12) 
Adopt, modify and carry out plans in cooperation with the Planning & Zoning Commission for the planning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or part by disaster;
(13) 
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 on the public streets and alleys of the City;
(14) 
Provide for the establishment and designation of fire limits and prescribe the kind and character of buildings or structures or improvements to be erected therein; provide for the erection of fireproof buildings within certain limits; and 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;
(15) 
Fix and regulate rates and charges of all utilities and public services;
(16) 
Adopt plats, unless the City Council votes to give this authority to the Planning & Zoning Commission or City staff; and
(17) 
Individually make inquiries of the City Manager regarding City business and items and issues before the Council in preparation for City Council or other meetings.
(Ordinance 767-22 adopted 11/16/2022)
(1) 
Except where authorized by law or by this Charter, no Mayor or Councilmember shall hold any other City office or City employment for the City of Aubrey during his or her term as Mayor or Councilmember. No former Mayor or Councilmember shall hold any compensated appointive office or City employment until one (1) year after the expiration of the term for which they were elected or appointed to the City Council.
(2) 
Members of the City Council shall not in any way dictate the appointment or removal of the City administrative officers or employees whom the City Manager or any of the City Manager's subordinates are empowered to appoint. 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 such officers and employees.
(3) 
Except for the purpose of inquiries and investigations as provided by this Charter, the City Council shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager. The City Council shall not give orders to any such officer or employee, either publicly or privately, except as otherwise provided in this Charter.
(Ordinance 767-22 adopted 11/16/2022)
(1) 
The City Council shall hold at least one (1) regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix by ordinance the date and time of the regular meetings.
(2) 
Special meetings of the City Council shall be held at the call of the Mayor or a majority of the Councilmembers upon provision of public notice in accordance with state law.
(3) 
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.
(4) 
Any Councilmember can request to have an item added to the agenda for consideration at the next scheduled regular or special meeting of the City Council.
(5) 
In addition to meeting the notice requirements of state law, all public meeting notices given shall communicate the date, time and agenda of the meeting through any means reasonably capable of reaching a majority of the taxpayers; means of such notice shall be as determined necessary by the City Council (i.e., social media platforms and email).
(Ordinance 767-22 adopted 11/16/2022)
A majority of the five (5) members of the City Council qualified to vote shall constitute a quorum for the purpose of transaction of business. The Mayor shall not be included for the purpose of determining whether a quorum is present at a meeting. 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 a majority of the members of the City Council present. If a certain percentage of affirmative votes to pass a measure is required, like a supermajority (4 votes), the number of affirmative votes required must be determined by the number of City Council Members qualified to vote rather than the number present.
(Ordinance 767-22 adopted 11/16/2022)
Should any person on the City Council, the Mayor, or any other officer, whether elected, appointed, paid or unpaid, who exercises responsibilities beyond those that are advisory in nature, have a conflict of interest, pursuant to any state laws, including but not limited to Chapter 171 of the Texas Local Government Code, as amended, and/or the City Charter and/or City ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the City Council, he or she shall openly declare same before discussion proceeds, file any required affidavit, and he or she shall thereby be prohibited from discussing the item and voting on the question. Any members of the City Council who have a conflict of interest are considered present for purposes of constituting a quorum. Any violation of this section, with the knowledge, expressed or implied, of a person or corporation contracting with the City, shall render the contract involved voidable by the City Council. If any provision of this section conflicts with state law regulating conflicts of interest, state law shall control.
(Ordinance 767-22 adopted 11/16/2022)
Should any person on the City Council choose to abstain from voting on any question before the City Council, where no conflict of interest exists under federal, state or local law, the person's vote shall be recorded as a negative vote in the official minutes of the meeting.
(Ordinance 767-22 adopted 11/16/2022)
The City Council shall determine, which may be done by ordinance, resolution or otherwise, its own rules of order and business. The City Council shall provide that the citizens of the City shall have a reasonable opportunity to clearly hear and be heard at public hearings and with regard to specific matters under consideration. The City Council shall provide for minutes to be taken and recorded for all public meetings as required by law. Such minutes shall be a public record and shall be kept and maintained by the person performing the duties of the City Secretary.
City Council meetings and public hearings will be recorded by audio device and made available on the City's website as soon as practicable after meeting. When feasibly/financially possible, this requirement shall be for video recordings.
(Ordinance 767-22 adopted 11/16/2022)
(1) 
The City Council shall legislate by ordinance only, and the enacting clause of every ordinance shall provide "Be it ordained by the City Council of the City of Aubrey, Texas ...". Each proposed ordinance shall be introduced in the written or printed form required for adoption. General appropriation ordinances may contain various subjects and accounts for which monies are to be appropriated. After adoption, an ordinance shall not be amended or repealed except by the adoption of another ordinance amending or repealing the original ordinance. Copies of any proposed ordinance, in the form required for adoption, shall be furnished to the City Council. Copies of the proposed ordinance, in the form required for adoption, shall be available at the City offices and shall be furnished to citizens upon request to the City Secretary from and after the date on which such proposed ordinance is posted as an agenda item for a City Council meeting and, if amended, shall be available and furnished in amended form for as long as the proposed ordinance is before the City Council.
(2) 
Unless otherwise required by law, every ordinance shall become effective upon adoption or at any later time(s) specified in the ordinance, except that every ordinance imposing any penalty, fine or forfeiture shall become effective only after having been published once in its entirety or summary form, or publication of its caption, after adoption, in a newspaper designated as the official newspaper of the City.
(3) 
If a majority of the City Council present requests that the ordinance title and caption or the ordinance its entirety be read, it must be read.
(Ordinance 767-22 adopted 11/16/2022)
(1) 
The City Council may adopt emergency ordinances only to meet public emergencies affecting life, health, property or the public peace. In particular, such ordinances shall not levy taxes, grant or renew or extend a franchise or regulate the rate charged by any public utility for its services. Neither shall they authorize the borrowing of money except as provided elsewhere in this Charter.
(2) 
An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title 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.
(3) 
An emergency ordinance may be introduced at any City Council meeting and can be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of a quorum of the members of the City Council shall be required for adoption.
(4) 
Emergency ordinances shall become effective upon adoption and shall be published as soon thereafter as practicable. Every emergency ordinance so adopted, except one authorizing the borrowing of money as described herein, is automatically repealed as of the sixty-first (61st) day following the day on which it became effective, unless the ordinance is readopted or extended by vote of the City Council due to the continuation of the emergency for which the ordinance was adopted.
(Ordinance 767-22 adopted 11/16/2022)
(1) 
All ordinances and resolutions adopted by the City Council shall be authenticated by seal and signature of the person performing the duties of the City Secretary and numbered consecutively as adopted. They shall be properly indexed, and codified as appropriate, and shall be kept available for public inspection.
(2) 
The City Council may codify the ordinances of the City. If adopted, the codification shall be known and cited as "The Aubrey City Code" and shall be in full force and effect without the necessity of such Code or any part thereof being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the City may be omitted without affecting the validity of such ordinances when codified. Every general ordinance enacted subsequent to such codification shall be enacted as an amendment to the Code. For the purpose of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the City at large. Copies of the Code shall be furnished to City Officers, placed in City offices and made available for purchase by the public at a reasonable price to be fixed by the City Council.
(3) 
The City Council shall cause all ordinances and amendments to this Charter to be printed promptly following their adoption. A copy of each ordinance and amendment shall be placed in appropriate City offices for public reference. Printed ordinances and Charter amendments shall be sold to the public at a reasonable price to be fixed by the City Council.
(Ordinance 767-22 adopted 11/16/2022)
The City Council shall have the power to inquire into the official conduct of any department, agency, office, officer or employee of the City. For that purpose, the City Council shall have the power to administer oaths, subpoena witnesses and compel the production of books, papers or other evidence material to the inquiry. The City Council shall provide, by ordinance, penalties for contempt for failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence, and shall have the power to punish any such contempt in the manner provided by the ordinance.
(Ordinance 767-22 adopted 11/16/2022)
The City Council shall adopt and maintain, by ordinance or resolution, within one (1) year from the date of adoption of this Charter, a Code of Ethics for the purpose of, among other things, establishing and defining the bounds of reasonable ethical behavior by the City Council and all appointed City Officials.
(Ordinance 767-22 adopted 11/16/2022)
No person related within the second degree by affinity or within the third degree by consanguinity to the Mayor, any Councilmember, the City Manager or the City Secretary shall be employed by or contracted with the City. This prohibition shall not apply to the following:
(1) 
Any person currently employed by the City and who was employed by the City prior to the date that the person related in the above prohibited degree files to run for elective office or is nominated for an appointment. The person must have been employed with the City for the applicable time period(s) set forth in Texas Government Code Section 573.062, as amended, to be exempt from the prohibition; or
(2) 
Any person who is a seasonal employee, an intern of the City or in an unpaid position with the City.
When a person is allowed to continue employment in any such position as provided by subsections (1) and (2) above, the officer related to such person shall not participate in the deliberation or voting upon the appointment, reappointment, employment, confirmation, re-employment, change in status, compensation or dismissal of such person, unless such action is taken with respect to a bona fide class or category of employees.
(Ordinance 767-22 adopted 11/16/2022)