(a) 
The city council shall consist of a mayor elected by majority vote at large and six council members elected by majority vote at large, each of which shall run for office in a numbered place position. Any person having the qualifications provided by law and this charter who is a resident of the city shall be eligible as a candidate for mayor or any one of the six council member places.
(b) 
The mayor and members of the city council shall be elected for terms of two years and shall hold office until their respective successors have been elected and qualified. The regular election shall be held in odd-numbered years on [the uniform November election date] first Saturday in May unless the city council designates an alternative date allowed by state law at least six months prior to the regular election.
Editor’s note–The uniform election date for the city officers was revised pursuant to authority granted by Senate Bill 733 during the 84th session of the Texas Legislature.
(c) 
All council members shall take office at the first council meeting after the votes are canvassed from the regular election; provided, however, that in the event a run-off election is required, all council members shall take office at the first council meeting after the votes are canvassed from the run-off election.
(d) 
In order to effect a transition upon the adoption of this Charter, the mayor and five council members in office effective upon canvassing of the election results of the May 2, 1998 election shall appoint one qualified resident of the city to serve as a sixth council member who together with the seated mayor and council members will serve until the canvass of election results of the May 1, 1999 election. All members elected at the May 1, 1999 election shall serve two year terms. The terms of office of the council members elected on May 2, 1998 shall be extended to the election in May 2001 to coincide with the terms of office of the other council members. Upon the conclusion of the elections in May 2001, this transition provision shall automatically expire.
(a) 
Candidates for mayor or city council shall file with the city secretary within the time provided by law an application to appear on the ballot. The candidate shall not owe delinquent taxes to the city, and the application shall meet the requirements of the Texas Election Code, as the same may be amended from time to time.
(b) 
The city council by ordinance may enact rules and regulations governing elections not inconsistent with this charter or state or federal law.
(a) 
If no candidate for mayor receives a majority of all votes cast for such office at any regular or special election, there shall be held on the third Saturday following any such election a runoff election at which the two candidates receiving the highest number of votes in the regular or special election shall stand for election.
(b) 
If no candidate for city council from a given place receives a majority of all votes cast for such office at any regular or special election, there shall be held on the third Saturday following any such election a run-off election at which the two candidates receiving the highest number of votes in the regular or special election shall stand for election.
(a) 
The city council shall nominate and confirm one of the council members who shall be known and designated as mayor pro tem, and he or she shall receive no extra pay by reason of being or acting as mayor pro tem.
(b) 
Whenever a regular or special meeting is scheduled to be held and both the mayor and mayor pro tem are absent, a majority of the council members present may proceed to elect one of those present as acting mayor for such meeting who shall preside and discharge the duties of the mayor. The absence of the mayor and mayor pro tem shall be noted in the minutes with a short statement of the reason for absence, if known.
(c) 
When it is anticipated that both the mayor and mayor pro tem will be absent from the city, or unable to perform the duties of the office of mayor on the day of the meeting of the city council, the council by a majority vote shall name a member to be mayor pro tem for the particular meeting, and he or she shall be entitled to perform the duties and have the powers of the mayor on such occasion.
(d) 
Any council member serving as mayor pro tem or temporarily performing the duties of the office of mayor as provided above shall not be deemed to have vacated his or her position on the city council. Such person shall act as mayor and perform the duties as mayor only for the duration of such absence or disability, and upon the return of the mayor or election of a new mayor as provided in this Charter such council member shall continue in his or her original position, unless such council member becomes mayor.
If for any reason the mayor is absent from the city or unable to perform the duties of his or her office, the mayor pro tem shall act as mayor and during such absence or disability shall perform the duties and have the powers of the mayor.
(a) 
Every ordinance, resolution or motion passed by the council shall, before it takes effect, be presented to the mayor for his or her approval and signature. If he or she approves it, he or she shall sign, but if he or she disapproves it he or she shall state his or her objections thereto in writing and return it to the next regular meeting of the council after presentation with his or her veto. If he or she does not return it with such disapproval nor sign it, such motion, ordinance or resolution shall, upon the expiration of the time for its return to the council, be in effect and force as if he or she had approved it.
(b) 
In case of veto of any ordinance, resolution or motion by the mayor, the council may pass same over his or her veto by the affirmative vote of a majority of the council. If the mayor’s veto is sustained, the matter shall not come before the council again within six months without the previous written consent of the mayor. The mayor may veto all or any item of any ordinance making appropriations but the veto shall extend only to the item disapproved. Those items which he or she approves shall become effective, but those disapproved shall not become effective unless passed over his or her veto as herein specified.
(c) 
The mayor shall have the power to administer oaths and exercise such other powers, prerogatives and authority as are conferred on him or her by this charter and state and federal law.
(a) 
Each member of the city council, with the exception of the mayor, shall receive as compensation the sum of one thousand two hundred dollars ($1,200.00) during each year of service on the council, such sum to be paid in equal installments throughout the year.
(b) 
The mayor shall receive as compensation the sum of one thousand eight hundred dollars ($1,800.00) during each year of service on the council, such sum to be paid in equal installments throughout the year.
(c) 
The provisions of this section shall become effective immediately after the election and qualification for office of the first city council following its adoption.
The city council shall be the judge of the election and qualification of its own members, subject to review by the courts in case of contest.
No member of the council shall be elected or appointed to any office created, or the compensation of which was fixed or increased, by action of the council passed while serving as a member thereof until the expiration of one year following cessation of such member’s service on the council.
The city council shall determine its own rules of procedure; may punish its members for disorderly conduct; may compel the attendance of its members; and may impeach a member in the manner herein provided.
(a) 
A council member shall be subject to removal by the council or by any other means authorized by law for:
(1) 
Willful violation of any code of ethics or conflicts of interest provision under state or federal law or city ordinance.
(2) 
Willful violation of any express prohibition of this charter.
(3) 
Misconduct, malfeasance, incompetence, inability or willful neglect in performance of official duties.
(4) 
Conviction of any felony, or any misdemeanor involving moral turpitude.
(5) 
Failing to maintain any residency requirement provided by law.
(6) 
Absence from four consecutive regular council meetings or six regular council meetings in any twelve month period without leave of absence first had, except due to circumstances over which the council member had no control.
(b) 
A removal action by the council may be instituted on its own initiative, or shall be instituted upon petition by five or more registered voters, and any final decision to remove a member shall be by the majority vote of all council members holding office, with the exception of the challenged member. The council may provide by ordinance for the referral of any disciplinary matter involving a council member to an ethics commission for recommendation. The challenged member shall have the right to written articles of impeachment, an opportunity to be heard, to be represented by counsel, to summon witnesses who shall be required to give testimony, and to reasonable advance notice of the hearing. The burden of proof shall be on those bringing the charges. The hearing shall be open to the public, and the conclusions and findings of the council shall be final. If the member is removed, a complete statement of the reasons therefor shall be filed with the city secretary. The council shall additionally have the authority to reprimand or suspend a member for a period of not more than thirty days if removal is not warranted.
(c) 
Pending charges for removal, the council may suspend the challenged member from office for a period not exceeding thirty days by the majority vote of all council members holding office, with the exception of the challenged member.
(d) 
Commission of any of the violations specified in subparagraphs (1) through (5) above shall additionally be grounds for forfeiture of office in proceedings pursuant to state law.
(e) 
A member who is removed from office, whether pursuant to this section, by recall or other legal proceeding, or who resigns after any such proceedings have been initiated, shall not be eligible to be appointed to or run as a candidate for city office for two years from the date of removal, recall or resignation.
(a) 
In the event of death, resignation, permanent disability, forfeiture of office, recall or impeachment of the mayor, or if for any reason a vacancy shall exist in the office of mayor, the council member elected who received the highest number of votes in the last regular election shall immediately become the mayor, provided that such council member shall not be at that time the subject of any recall petition on file with the city secretary. Notwithstanding the foregoing, in the event more than one year remains until the next regular city council election or the council member designated to become mayor is the subject of a recall petition on file with the city secretary, a special election shall be called by the then remaining council members to fill the vacancy in the office of mayor, and if there then are no remaining council members such special election shall be forthwith called by the county judge of Nueces County, Texas.
(b) 
Any person who becomes mayor as provided above shall have all the duties and powers of the mayor for the remainder of the unexpired term of the mayor, unless sooner removed as provided in this charter. In the event a council member becomes mayor, the office of the council member shall become vacant, and such vacancy shall be filled as provided in this article.
In the event of death, resignation, permanent disability, forfeiture of office, recall, or impeachment, of any council member, or if for any reason a vacancy shall exist in the office of any council member, the then remaining members of the council by majority vote shall forthwith fill such vacancy by appointment of a new council member having the qualifications for such vacancy or vacancies as established by law, and the appointed council member shall hold office until the next regular city election and until his or her successor has been elected and qualified, unless sooner removed as provided in this charter; provided, however, that in the event a majority of the council members be recalled at the same recall election, then the vacancies in the offices theretofore held by them shall be filled by a special election to be held within sixty days after such vacancies occur. Such election shall be forthwith called by the then remaining council members, and if there be no remaining council members, such election shall be forthwith called by the county judge of Nueces County, Texas.
(a) 
The city council shall meet in regular session at least once each month at city hall or at another governmentally owned place within the corporate limits of the city, unless the city council elects to adjust the regular meeting schedule for valid reasons recorded in the minutes; provided that in any event the city council is required to meet in regular session not less often than once each month. Special sessions and workshop sessions may be held in any public place, and the council shall prescribe the manner in which such sessions shall be called.
(b) 
A workshop session is a council meeting for the sole purpose of gathering information or discussing public business without taking action. In the event a workshop session is scheduled on the same day as and prior to a regular or special session, no discussion shall be held at the workshop of items previously scheduled for such regular or special session.
(c) 
A majority of the council members holding office shall constitute a quorum. All meetings of the council shall be open to the public except as may be authorized by the laws of the state. The city secretary shall take minutes of all regular, special and workshop sessions of the council, except closed sessions, which minutes shall be open to the public in the archives of the city.
(d) 
The council shall act only by ordinance, resolution, or motion. Any such method shall be valid except where a particular method is required by law or this charter. Ordinances shall be confined to one subject which shall be clearly expressed in the title, but ordinances making appropriations may embrace more than one subject, provided that each shall be confined to the subject of appropriations. The following actions, in addition to others specified by law or this charter, shall be by ordinance only:
(1) 
amendment or repeal of any existing ordinance;
(2) 
adoption, amendment or repeal of a code of ordinances or code of technical regulations;
(3) 
conveyance or authorization of the conveyance of any real property;
(4) 
to prescribe a fine or penalty or establish any rule or regulation for the violation of which a fine or other penalty is imposed;
(5) 
to regulate the rates charged by a public utility; and
(6) 
to adopt any legislation.
(e) 
The ayes and nays shall be taken upon the passage of all ordinances or resolutions and entered in the minutes. Every ordinance or resolution shall require on its final passage, the affirmative vote of a majority of all council members holding office.
(f) 
No ordinance shall be passed finally on the date it is introduced but the same shall be considered and voted upon at two regular meetings, except in the case of emergency and then only when requested in writing by the mayor or a majority of the members of the council, and the finding of an emergency by the council shall be conclusive. No ordinance granting any franchise shall ever be passed as an emergency measure. For the purposes of this subsection, an “emergency” shall be defined as a condition involving an immediate need to preserve and protect public property, the need for the immediate and efficient utilization of physical resources in the city, the need for the immediate and equitable institution of zoning changes in order to protect the health, safety and welfare, or an immediate action necessary for the efficient and effective administration of the city’s affairs.
(g) 
Every ordinance imposing any fine, penalty or forfeiture shall be published in one issue of a newspaper of general circulation in the city, which publication may be of the full ordinance or a summary thereof which fully discloses the purposes, intent and effect of such ordinance, after which publication said ordinance shall be in force unless a later date shall be provided in the ordinance.
It shall be unlawful for the city council, within the period beginning thirty days before any regular election and extending to the taking of office for the newly elected council, to take any council action whereby any appropriation of money not included in the budget is made or contract or obligation of the city is to be created or franchise granted, or any zoning or rezoning ordinance passed or hearing held without a two-thirds vote of the council, and any such council action taken without a two-thirds vote shall be void.
The council shall have the express power to inquire into the official conduct of any department, division, agency, office, officer or employee of the city, and for that purpose shall have the power to administer oaths, subpoena witnesses, [and] compel the production of books, papers and other evidence material to the inquiry. Refusal to attend and testify or to produce books, papers and other evidence material to the inquiry, shall result in forfeiture of any office, employment, emoluments or contract then accruing to the person so refusing. The council may provide by ordinance additional 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 such ordinance.
The people of the city reserve the power to recall the mayor or any other council member and may initiate the process by filing with the city secretary a petition signed by at least ten percent of the voters registered to vote for a successor to the challenged council member. A person wishing to initiate a recall petition shall procure a form from the city secretary. Each page of the petition shall contain:
(a) 
the name and position of the challenged council member;
(b) 
a general statement of the grounds for recall, which shall not be subject to challenge;
(c) 
the printed name, residence address (by street and number, or, if none, by other sufficient description), and voter registration number of each signer;
(d) 
the signature of each signer in ink;
(e) 
the date of issuance by the city secretary and the name and address of the person or group to whom the petition was issued;
(f) 
the printed name and address of the person circulating the petition; and
(g) 
an affidavit of the person circulating the petition that he or she personally circulated such page, that he or she personally observed the making of each signature thereon, and that he or she believes that each signature is genuine.
The person procuring the form shall legibly fill in the name and position of the challenged council member and the general grounds for recall, and present the form to the city secretary. The city secretary shall then fill in the date of issuance, make such copies as are needed for the city secretary’s records, and return the original to the person presenting it.
All petition pages comprising a recall petition shall be assembled and filed with the city secretary as one instrument. Within twenty days after a recall petition is so filed, the city secretary shall determine whether the same is signed by the required ten percent of the registered voters. The city secretary shall declare void any petition page which does not have an affidavit as required in the preceding section. If the certificate of the city secretary shall show the recall petition to have total signatures of registered voters in number less than the required ten percent, the city secretary shall notify the person filing the petition, and it may be supplemented within ten days from the date of such notice by filing supplementary petition pages bearing signatures of other registered voters. Within ten days after such supplementary pages are filed, the city secretary shall again examine the original petition, as supplemented, and shall certify the results thereof to the council at its next regular meeting, stating the number of signatures certified. If the petition, as supplemented, is found to have total signatures of registered voters in number less that [than] the required ten percent, the city secretary shall return the petition, as supplemented, to the person filing the same, without prejudice to the filing of a new petition for the same purpose.
Whenever a recall petition is certified by the city secretary to have the signatures of the required ten percent of registered voters and the council member whose removal is sought does not resign within five days after such certification to the council, the council shall forthwith order and hold a recall election within not less than thirty, nor more than sixty days from certification. In the event at any one time there is before the council more than one recall petition certified by the city secretary as to which the council is then obligated to order a recall election, the council shall order and hold, on the same date, recall elections on all such petitions so certified.
The form of ballots used at recall elections shall conform to the requirements of state law.
No recall petition shall be filed within the first four months after the office holder takes office or within the four months immediately preceding the date of the next regular election for the challenged office. No office holder shall be subjected to more than one recall election during a single term of office.