A. The legislative
and governing body of the City shall be the “City Council of
Cuero”. The members of the City Council shall be the Mayor and
six other City Council Members.
B. The Mayor
and two (2) other Council members shall be elected from the city at
large by a plurality of the votes cast. One (1) Council member shall
be elected from each of the four (4) single-member districts designated
1, 2, 3, and 4 on the City’s current posted map delineated and
on file in the office of the City Secretary, by a plurality of the
votes cast in such single-member district.
C. The two
(2) at-large Council members shall be elected in odd numbered years.
They shall not run or be elected by places. The ballot shall instruct
voters that in the race for the at-large positions they may “vote
for one (1) or two (2) candidates (vote por uno o dos candidatos)”.
D. Council
members for single-member Districts Nos. 1 and 4 shall be elected
in odd numbered years. Council members for single-member Districts
Nos. 2 and 3 shall be elected in even numbered years. The Mayor shall
be elected in even numbered years.
E. Each member
of the City Council shall hold office for two (2) years and/or until
his/her successor is elected and qualified.
1. Each member
of the City Council, in addition to having other qualifications prescribed
by law:
A. Shall
be a qualified voter of the City.
B. Shall have resided for as at [sic] least one (1) year preceding his election within the corporate limits of Cuero; or shall have been a resident for a period of not less than one (1) year immediately preceding his election, of any territory not formerly within the corporate limits of said City, but which is annexed under the provision of Section
2.03 of this Charter. If elected at-large, shall maintain their primary residence within the corporate limits of the City of Cuero during his or her term of office. If elected for a single-member district, shall maintain their primary residence within the corporate limits of the City of Cuero and within the single-member district to which they are elected during his or her term of office. EXCEPTION: This residency requirement shall not apply in the event that a Council Member is required to move from his/her primary residence within the City or District due to an Act of God, any Federal Law, State Law or any order, rule or regulation of a governmental authority.
C. Shall
not hold any other office or employment under the City Government
while he/she is a member of said Council.
D. Shall
not be an officer or director of any public service corporation within
the City or without the City but serving inhabitants of the City,
nor shall he/she be the owner or proprietor of any public service
corporation in the City.
The City Council shall be the judge of the election and qualification
of its own members and other elected officials of the City.
The Mayor shall receive as compensation for his/her services
the sum of $500.00 per month and each Councilmember shall receive
as compensation the sum of $200.00 per month. Such compensation shall
be paid on the first day of each month.
The Mayor Pro-Tem shall be appointed by the Mayor from among
the members of the Council and shall perform all duties of the Mayor
in his/her absence or disability.
The processes for vacancies, forfeitures of office, and filling
vacancies for Mayor and Councilpersons are as follows:
1. The office
of a Councilperson or the Mayor shall become vacant upon their death,
resignation, forfeiture of, or removal from office by any manner authorized
by law.
2. Any member
of the City Council or the Mayor shall automatically be deemed to
have forfeited such office and shall be removed therefrom by a majority
vote of the remaining members of the Council by resolution and enforced
by the Council if that person:
A. ceases
to possess the required qualifications for their office;
B. is convicted
of a felony or of a misdemeanor involving moral turpitude;
C. fails
to attend three (3) regularly scheduled council meetings at the beginning
of each month without being excused by the Council; or
D. willfully
and knowingly violates any express provision of this Charter.
3. If there
is a declared vacancy in the office of Mayor, the Mayor Pro Tem shall
assume that office until the office of Mayor is filled pursuant to
sections 4 and 5 below.
4. In the event
of a vacancy existing in the office of the Mayor or any Councilperson
for any cause whatsoever, the remaining members of the City Council
shall by a majority vote thereof, at the next regular meeting elect
a member or members to fill the vacancy/vacancies thus existing, and
such member or members so elected by the City Council shall serve
in such position for the remainder of the unexpired term thereof.
5. In the event
the City Council fails to elect a member to fill any vacancy on the
Council on or before the close of the second regular scheduled meeting
after such vacancy occurs, the Council shall lose its power to fill
such vacancy and the vacancy shall be filled by the qualified voters
in a regular or specially called municipal election on the next Uniform
Election Date provided by State law.
All powers and authority which are expressly or impliedly, conferred
on or possessed by the City shall be vested in and exercised by the
Council; provided, however, that the Council shall have no power to,
and shall not; accept or admit liability in, or pay any claim for
damages asserted against the City without first obtaining a written
opinion from the City Attorney regarding the City’s liability
therein.
Neither the Council nor any of its members shall instruct or request the City Manager or any of his/her subordinates to appoint or to remove any person from office or employment. Except for the purpose of inquiry and investigations as set out in Section
3.14 the Council and its members shall deal with the administrative services of the City solely through the City Manager and shall not give orders to any of the Manager’s subordinates, either publicly or privately. The City Manager shall appoint and, when he/she deems it necessary for the good of the City, suspend or remove any City employees and appointive administrative officers provided for by or under this Charter, except as otherwise provided by law, this Charter, or personnel rules adopted pursuant to this Charter.
The City Council shall hold at least one (1) regular meeting
in each month at a time to be fixed by it for such regular meetings
and it may hold as many additional meetings as may be necessary to
transact the business of the City. Special meetings of the Council
may be called by the City Secretary upon the written request of the
Mayor or of any two (2) members of the City Council. All meetings
of the City Council shall be held at Council Chambers except that
the City Council may designate another place for any such meeting
and cause notice of such designation to be published prior to such
meeting in one (1) issue of a newspaper of general circulation in
the City of Cuero. All meetings of the City Council shall comply with
the provisions of the State Open Meeting Law.
The City Council shall determine by ordinance its own rules
of procedure and order of business. A majority of the members of the
City Council shall constitute a quorum but no action of the City Council
shall be of any force or effect unless it is adopted by the favorable
votes of a majority of the entire Council. Minutes of all meetings
of the Council, including the “ayes” and “nays”
upon the passage of each ordinance and resolution, shall be taken
and recorded and such minutes shall constitute a permanent record
to which any citizen may have access at all reasonable times.
The 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 Cuero.” The City Attorney shall approve all ordinances
adopted by the Council, as to the legality thereof, or shall file
with the City Secretary his/her written legal objections thereto.
Evidence of approval of an ordinance by the City Attorney may be by
notation on the ordinance itself, or by separate paper or instrument.
Each ordinance enacted by the Council shall be signed by the Mayor,
Mayor Pro-Tem, or by two (2) Councilmembers and shall be filed with
and recorded by the City Secretary. All ordinances shall be read in
open meeting of the City Council on two (2) separate meetings; provided
that the two (2) readings required herein shall be sufficient if they
are read by descriptive caption only; provided further, that the rule
herein requiring ordinances be read on two (2) separate days shall
be dispensed with for the purpose of adopting an emergency ordinance
which may be adopted on consent of a majority of the entire Council.
Unless otherwise provided by law or by this Charter, no ordinance
shall become effective until the expiration of ten (10) days following
the date of its final passage, except where an ordinance relating
to the immediate preservation of the public peace, health, or safety
and containing a statement of the nature of the emergency is adopted
as an emergency measure by a favorable vote of a majority of the entire
Council.
Except as otherwise provided by law or by this Charter, the
City Secretary shall give notice of the enactment of every penal ordinance
and of every other ordinance required by law or by this Charter to
be published, by causing the said ordinance, or its caption and penalty,
to be published at least one (1) time within ten (10) days following
the date of final passage thereof in some newspaper of general circulation
within the City. The City Secretary shall note on every ordinance
and on the record thereof the dates and medium of its publication,
and such notation shall be prima facie evidence of compliance with
the requirements of this section.
The City Manager, Director of Finance and such other City officers
and employees as the City Council may require, shall, before entering
upon the duties of their offices, enter into a good and sufficient
corporate surety bond in the sum to be determined by State law or
by the City Council. The bonds shall be payable to the City of Cuero
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 Cuero, and such bonds must
be acceptable to the City Council. The City Council may also require
new bonds at any time, if in its opinion, the existing bond on any
employee is insufficient.
The City Council shall, as a body, have the power to inquire
into the official conduct of any officer, department, agency, or employee
of the City and to make investigations as to municipal affairs and
for that purpose may subpoena witnesses, administer oaths and compel
the production of books, papers, and other evidence material to the
inquiry. The Council shall provide by ordinance penalties for contempt
in 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 ordinance. Nothing
in this section shall be construed to authorize any Council member
individually to inquire into or investigate the official conduct of
any office, department, agency, officer, or employee of the City or
to investigate as to municipal affairs without the express authorization
of a majority of the entire Council. In the event it is found by the
City Council that a Council member has inquired into or investigated
the official conduct of any office, department, agency, officer, or
employee of the City or to investigate as to municipal affairs without
the express authorization of a majority of the entire Council, then
that Council member shall be deemed to have violated this provision
of the Charter. The only exception to this provision would be an inquiry
by a Council member for the sole purpose of obtaining information
needed by them in the normal discharge of their duties, including
response to constituent requests.
The City Council shall cause an annual audit to be made of the
books and accounts of each and every department of the City. At the
close of each fiscal year a complete audit shall be made by a Certified
Public Accountant, who shall be selected by the City Council, and
who shall have no personal interest, direct or indirect, in the fiscal
affairs of the City Government or of any of its officers. Such audit
shall include a recapitulation of all internal audits made during
the course of each fiscal year, and all audit reports shall be filed
with the City Council, shall be available for public inspection, and
shall be made a part of the archives of the City. Such accountant,
so selected, shall not maintain or keep any of the City’s accounts
or records.