The governing and lawmaking body of the City of Monahans shall consist of five (5) council members and a mayor, and said body shall be known as the "City Council of the City of Monahans."
(Ordinance 1310 adopted 5/16/2023)
(a)
The city council members from the City of Monahans, Texas, shall be elected from single-member districts.
(b)
The five (5) single-member districts are defined by geography and population which descriptions are on file in the office of the city secretary.
(c)
The five (5) districts will elect one (1) city council member. Only those voters residing within their respective districts will be allowed to vote for their respective city council member.
(Ordinance 892 adopted 7/11/89; Ordinance 1310 adopted 5/16/2023)
(a)
Each member of the city council shall be a citizen of the United States of America and a resident citizen of the City of Monahans, and shall be a qualified voter of Texas, and shall have been such a resident citizen of the City of Monahans for a period of not less than twelve months immediately preceding their election, shall not hold another public office or employment for which compensation is paid by the City of Monahans; provided, however, that any qualified voter, with the above qualifications except as to residence, who shall have been a resident citizen of the State of Texas for a period of not less than one (1) year, and a resident of the City of Monahans for a period of not less than six (6) months immediately preceding their election of any territory not formerly within the corporate limits of said city, or a resident citizen of such territory and/or the City of Monahans, which territory has been annexed under the provisions of this charter, shall be eligible to said office.
(b)
All candidates for city council must reside within the district for which they seek election. All council members must reside in that district from which they were elected for the entirety of their term. If any council member no longer resides within his or her district, vacancy shall be declared and the post filled in accordance with state law.
(Ordinance 892 adopted 6/27/89; Ordinance 1310 adopted 5/16/2023)
(a)
On the May Uniform Election Date, city council members from Districts 1, 4 and 5 will be elected. Thereafter, council members of Precincts number 1, 4 and 5 shall be elected on the May Uniform Election Date of every even-numbered year.
(b)
City council members from Districts 2, 3 and the mayor shall be elected on the May Uniform Election Date of every odd year.
(Ordinance 892 adopted 7/11/89; Ordinance 1310 adopted 5/16/2023)
Candidates for the offices of mayor and council member shall file their applications with the city secretary during the filing period prescribed by Chapter 143, Texas Election Code, and their names shall appear on the ballot in the order determined by a drawing conducted in accordance with Chapter 52, Texas Election Code.
(Ordinance 1310 adopted 5/16/2023)
Editor’s note–Former sec. 2.6 pertaining to the election of candidates and deriving from Ordinance 667, sec. 2, adopted 2/12/1974, was deleted in its entirety by Ordinance 892 adopted 7/11/1989.
Editor’s note–Former section 2.7 pertaining to the judge of election, was deleted in its entirety at an election held May 6, 2023 and canvassed by Ordinance 1310 adopted 5/16/2023.
(3)
Regulations and laws governing city elections.
All city elections shall be governed, except as otherwise provided by this charter, by the laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto. In addition, the council shall make any regulations which it considers needful or desirable, not inconsistent with this charter or the laws of the State of Texas for the conduct of municipal elections, for the prevention of fraud in such elections, and/or the recount of ballots, in case of doubt or fraud.
(4)
Council ballots.
The full names of all candidates for mayor or council as hereinbefore provided, except such as may have withdrawn, died, or become ineligible, shall be printed on the official ballots without party designations. If two (2) candidates with the same surnames or with names so similar as to be likely to cause confusion are nominated, the addresses of their places of residence shall be placed with their names on the ballot.
(Ordinance 1310 adopted 5/16/2023)
The newly elected officers may enter upon their duties on the fifth day after the returns are canvassed and declared, Sundays excepted. If any such officer fails to qualify within thirty (30) days after his election, his office shall be deemed vacant, and the vacancy shall be filled as provided in this charter. All officers of the city, whether elective or appointive, shall qualify by taking the oath prescribed by the constitution of this state and by executing such bond as may be required under the provisions of this charter and the ordinances and resolutions of the city.
Except as otherwise provided by this charter, the mayor and each council member shall serve for a term of two (2) years and until their successor is elected and qualified, unless sooner removed from office as herein provided.
(Ordinance 1310 adopted 5/16/2023)
A vacancy occurring in the council, including the office of mayor, shall be filled by a person having the qualifications of an elective official of the city, and selected in the following manner. If a single vacancy occurs, the council shall appoint a successor to serve until the next general election. If two (2) or more vacancies occur at one time, a special election shall be called by the remaining members of the council at the date of its next regular meeting to fill the vacancies for the unexpired terms. The special election shall be held on the next practicable date for which compliance with state law governing notices, candidate application, and ballot preparation and distribution may be met.
(Ordinance 1310 adopted 5/16/2023)
(a)
The mayor shall receive a salary in an amount to be fixed by the city council, but which amount shall in no event be more than fifty dollars ($50.00) per month, or less than twenty-five dollars ($25.00) per month.
(b)
Each councilman shall receive the sum of ten dollars ($10.00) for each meeting of the council attended by him, provided that no councilman shall receive a greater compensation than twenty-five dollars ($25.00) per month.
(c)
The mayor and councilmen of the City of Monahans shall be entitled to reimbursement for all necessary expenses incurred in the performance of their official duties, which shall be presented in an itemized statement and approved by the council.
The mayor of the City of Monahans shall be recognized as head of the city government for all ceremonial purposes, and by the governor of the State of Texas for the purposes of military law, and shall preside over the meetings of the city council and perform such other duties consistent with the office as may be imposed upon that office by this charter and ordinances and resolutions passed in pursuance hereof. The mayor may participate in the discussion of all matters coming before the council, but shall be entitled to a vote as a member thereof only when necessary to break a tie vote of the council members, and shall have no veto power.
(Ordinance 1310 adopted 5/16/2023)
The council, at its first meeting after each general election of councilmen, shall elect one of it members as mayor pro tem for a term of one year. Should a vacancy occur in the office of mayor or in the case of the absence or disability of the mayor, the mayor pro tem shall act as mayor during such absence or disability, or, in case of a vacancy, until a mayor is appointed or elected and qualified. While serving as mayor, the mayor pro tem shall have such rights and powers, and shall perform such duties as the mayor.
Any member of the council who ceases to possess the required qualifications for office, or who is convicted, while in office, of a felony, or a misdemeanor involving moral turpitude, shall forfeit the office, which forfeiture shall be declared and enforced by a majority vote of the council.
(Ordinance 1310 adopted 5/16/2023)
All powers of the city and the determination of all matters of policy shall be vested in the council. Without limitation of the foregoing, among the other powers that may be exercised by the council the following are hereby enumerated for greater certainty:
(1)
To appoint and remove the city manager.
(2)
To establish other administrative departments and distribute the work of divisions, and to abolish or consolidate said departments and divisions.
(3)
To adopt the budget of the city.
(4)
To authorize the issuance of bonds by a bond ordinance.
(5)
To inquire into the conduct of any office, department, or agency of the city and make investigations as to municipal affairs.
(6)
To appoint the necessary commissions and boards to assist the council in the performance of its duties and responsibilities, such powers subject to the restrictions of the charter and the laws of the State of Texas.
(7)
To adopt plats.
(8)
To adopt and modify the official map of the city.
(9)
To regulate, license, and fix the charges or fares made by any person or persons owning, obtaining, or controlling any vehicle of any character used for carrying of passengers for hire on the public streets and alleys of the city.
(10)
To provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and provide for the condemnation of dangerous structures or buildings or dilapidated buildings calculated to increase fire hazard, and the manner of their removal or destruction.
(11)
To fix the salaries and compensation of the nonelective city officers and employees.
(12)
To provide for sanitary sewer and water systems.
(13)
To establish a pension or retirement system for any all officers and employees in the employ of the city.
The council shall have power to inquire into the conduct of any office, department, agency, or officer of the city, and can make investigation as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers, and other evidence. Failure to obey such subpoena, or to produce books, papers or other evidence as ordered under the provisions of this section shall constitute a misdemeanor, and shall be punished by fine not to exceed two hundred dollars ($200.00).
(1)
Regular meetings.
The council shall hold at least one (1) regular meeting in each month at a time to be fixed by ordinance for such regular meetings; and may hold as many additional regular meetings during the month as may be necessary for the transaction of the business of the city and its citizens.
(2)
Special meetings.
Special meetings of the city council shall be called by the city secretary upon request of the mayor, the city manager, or a majority of the members of the council.
(3)
Place of meeting.
All meetings of the city council shall be held in the city hall, except if and during any time the city hall is not available for such purpose, the council may designate another public place for meetings after publishing due notice thereof in one issue of the official newspaper of the City of Monahans.
(4)
Quorum.
A majority of the five (5) member council shall constitute a quorum.
(5)
Open to public.
All official meetings of the city council shall be open to the public.
(Ordinance 1310 adopted 5/16/2023)
The council shall determine its own rules and order of business. It shall keep a journal of its proceedings, and the journal shall be open to the public for inspection.
Neither the council nor any of its members shall direct the appointment of any person to, or his removal from, office by the city manager or by any of his subordinates. Except for the purposes 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 shall give orders to any subordinate of the city manager, either publicly or privately.