(a) There
shall be a council of five members, which shall consist of the mayor
and four other councilmen.
(b) Only qualified
voters of the city who are at least twenty-one (21) years of age and
who have resided within the city at least twelve (12) months next
preceding their election or appointment to fill a vacancy shall be
qualified for the offices of the mayor and the other councilmen. Neither
the mayor nor any other councilman may hold any office or position
in the city government by appointment by the city manager or by any
subordinate of the city manager. If the mayor or any other councilman
is convicted of a felony, his office shall become vacant immediately
when the case is finally determined.
(a) The mayor
shall preside at meetings of the council. He shall be recognized as
head of the city government for all ceremonial purposes, for the purpose
of receiving service of civil process, and by the governor for purposes
of military law. He shall have no regular administrative duties except
that he shall sign such written obligations of the city as the council
may require. As a councilman, he shall have all powers, rights, privileges,
duties, and responsibilities of a councilman, including the right
to vote on questions.
(b) At the
first meeting after the time prescribed for the beginning of the terms
of newly elected councilmen, or as soon thereafter as practicable,
the council shall elect from its membership a mayor pro tem, who shall
serve as such until the next such first meeting. The mayor pro tem
shall act as mayor during the absence, disability, or suspension of
the mayor, or, if a vacancy occurs in the office of mayor, until another
mayor is elected by the council for completion of the unexpired term
and qualifies. If the office of mayor pro tem becomes vacant, the
council shall elect from its membership another mayor pro tem for
completion of the unexpired term.
The council by ordinance, from time to time, may determine the
salary of the mayor and other councilmen; but no such ordinance may
change the salary of the mayor or any other councilman (1) for the
term of office during which the ordinance is adopted nor (2) for the
succeeding term when such succeeding term follows passage of the ordinance
by less than six months. Such ordinance shall be published in full
in a newspaper of general circulation within the city within ten days
after its passage. The mayor and other councilmen may be reimbursed
for reasonable and necessary expenses incurred in the discharge of
their official functions.
Except as otherwise provided in this charter, all powers of
the city, including the determination of all matters of policy, shall
be vested in the council. Without limitation of the foregoing, the
council shall have power, subject to the constitution and general
laws of the state and this charter:
(1) To appoint
and remove the city manager.
(2) By ordinance
to enact municipal legislation.
(3) To adopt
the budget, raise revenue, and make appropriations; and to regulate
the levy, assessment, and collection of taxes, salaries, wages, and
other compensation of officers and employees, and all other fiscal
and business affairs of the city.
(4) To inquire
into the conduct of any office, department, or agency of the city
government, and investigate municipal affairs; and for this purpose,
to subpoena witnesses, take testimony, and require the production
of evidence.
(5) To appoint
or elect and remove all non-administrative officers and employees
of the city (including, but not limited to, the judge of the municipal
court, the members of the planning commission, the members of the
board of adjustment, and other quasi-legislative, quasi-judicial,
or advisory personnel and authorities), now or when and if established,
or to prescribe the method of appointing or electing and removing
them.
(6) To create,
change, and abolish all offices, departments, and agencies of the
city government other than the offices, departments, and agencies
created by this charter; and to assign additional powers and duties
consistent with this charter to offices, departments, and agencies
created by this charter.
Neither the council, the mayor, nor any of its other members
may direct or request the appointment of any person to, or his removal
from, office or employment by the city manager or by any other authority;
or, except as provided in this charter, participate in any manner
in the appointment or removal of officers and employees of the city,
other than the expression of views and the giving of information to
the appointing authority. Except for the purpose of inquiry, the council
and its members shall deal with the administrative service solely
through the city manager; and neither the council nor any member thereof
may give orders on administrative matters to any subordinate of the
city manager either publicly or privately.
The city treasurer shall be ex officio city secretary unless
the council provides by ordinance that the council shall elect the
city secretary. The city secretary shall serve for an indefinite term.
He shall be clerical officer of the council. He shall keep the journal
of its proceedings, and shall enroll in a book or books kept for the
purpose all ordinances and resolutions passed by it; shall be custodian
of such documents, records, and archives as may be provided by general
law or ordinance; shall be custodian of the seal of the city, and
shall attest, and affix the seal to, documents when required in accordance
with general law or ordinance; and shall have such other powers and
duties as may be prescribed by general law or ordinance consistent
with this charter.
The council shall hold at least one regular meeting every month,
at such time as it may prescribe by ordinance. The mayor or any three
councilmen may call special meetings. All meetings of the council
except as authorized by law shall be open to the public, and the journal
of its proceedings shall be open to public inspection.
If the mayor or any other councilman is absent from more than
one-half of all the meetings of the council, regular and special,
held within any period of six consecutive calendar months, he shall
thereupon cease to hold office.
(a) The council,
by majority vote of its remaining members, shall fill vacancies in
its own membership, including the office of mayor, for the unexpired
terms or until successors are elected as provided in this section;
provided, that, if not enough councilmen remain to constitute a quorum,
then the Governor of the State of Texas shall so appoint enough councilmen
so that the council will have a quorum.
(b) If a vacancy
occurs at least thirty-five days before a regular election, and the
unexpired term extends beyond the time when the terms of councilmen
elected that year begin, then a mayor or a councilman for that place,
as the case may be, shall be elected at the election of that year
to serve the rest of the unexpired term beginning at the time the
terms of councilmen elected that year begin.
A majority of all of the members of the council shall constitute
a quorum, but a smaller number may adjourn from time to time. The
council may determine its own rules. On the demand of any member,
the vote on any question shall be by roll call, and shall be entered
in the journal. An affirmative vote of a majority of all the councilmen
is required for the passage or adoption of any ordinance, resolution,
or other action by the council, except a motion to adjourn or to recess
or other procedural motion, which may be adopted by a majority of
the councilmen voting on the question or such larger majority as may
be prescribed by ordinance or council rules.
The enacting clause of all ordinances shall be: “Be it
ordained by the City of Tulia, Texas.”
(a) Every
proposed ordinance shall be read in full or by title. The vote on
final passage of every ordinance shall be by roll call, and shall
be entered in the journal. The mayor shall have no power of veto.
(b) Within
ten days after its passage, every ordinance imposing a penalty for
violation of any of its provisions and every other ordinance required
to be published by general law of the state or this charter, shall
be published in full or by descriptive caption or title, stating in
summary the purpose of the ordinance and the penalty for violation
thereof if any, in a newspaper of general circulation within the city,
and shall take effect upon publication unless the ordinance or this
charter specifies a later time. Every other ordinance shall take effect
upon its final passage unless the ordinance or this charter specifies
a later time.
The council by ordinance may adopt by reference, with or without
modification, codes, standards, and regulations relating to building,
plumbing, electrical installations, milk and milk products, and other
matters which it has power to regulate otherwise, including provisions
of state law which would not otherwise be applicable to this city.
Such code, standard, or regulation so adopted need not be enrolled
in the book of ordinances; but a copy shall be filed and kept in the
office of the city secretary and shall be open to public inspection.
The permanent, general ordinances of the city shall be codified
and published in book form at least every ten years unless the council,
by use of a loose-leaf or supplement system, provides for bringing
the code up-to-date at reasonable intervals. Permanent, general ordinances
and parts of ordinances which are to be repealed shall be omitted
from the code; and titles, enacting clauses, and other formal parts
of ordinances may be omitted from the code. The ordinances and parts
of ordinances included in the code may be revised, rearranged, and
reorganized. A copy of the published code shall be filed in the office
of the city secretary after the council adopts the code by ordinance.
The code when adopted shall have the force and effect of an ordinance
regularly enacted.