(1) 
The "Town Council" shall be composed of a "Mayor" and six (6) "Council Members" elected under the Place System, with there being Places 1, 2, 3, 4, 5 and 6. The Mayor and each Council Member shall be elected at large, and unless sooner removed under the provisions of this Charter, shall serve for a term of three (3) years, and until their successor has been elected and duly qualified. All of the Town Council holding office at the time of passage of any amendments to this Charter shall continue to hold their respective office until the respective term for which they were elected expires.
(2) 
Terms of the Council Members shall be staggered so that every year there shall be an election for two (2) of the Places as follows: Places 1 and 4; Places 2 and 6; and Places 3 and 5. The Mayor shall be elected in the same year as Places 1 and 4.
No person shall serve as Mayor for more than three (3) consecutive elected terms, and no person shall serve as Council Member for more than three (3) consecutive elected terms. No person shall serve as Council Member and Mayor (combined) for more than eighteen (18) consecutive years.
For purposes of this Section 3.02 and computing the limitations on terms:
(1) 
a Mayor or Council Member, who vacates, for any reason, Town 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 Council Member term, or unexpired Mayor term if applicable, shall be computed as follows:
(i) 
if fifty percent (50%) or more of the term is remaining, it shall be included in the computation of term limits; or
(ii) 
if less than fifty percent (50%) of the term is remaining, it shall not be included in the computation of term limits.
Any Council Member or Mayor, who is ineligible to run for elected Town office due to the limitations on terms as provided herein, shall remain ineligible to hold an elected Town office for a period of ten (10) months following the expiration of the most recent term of Town office for which he or she was elected.
To account for the transition to term limits, the term that each person on the Town Council is currently filling, as of January 1, 2011, and all terms consecutively served prior to that current term shall not count for purposes of determining whether three (3) consecutive terms have been served.
The Town Council shall be entitled to reimbursement for actual reasonable expenses incurred in the performance of official duties.
(1) 
The Mayor shall attend and preside at meetings of the Town Council. The Mayor shall participate in the discussion of all matters coming before the Town Council and shall have a vote on all matters before the Town Council. The Mayor shall also represent the Town in intergovernmental relationships, present an annual state of the Town message, and perform other duties specified by the Town Council and/or imposed by this Charter and by ordinances and resolutions passed in pursuance thereof. Additionally, the Mayor may sign, after authorization by the Town Council, all contracts and conveyances made or entered into by the Town and all bonds, warrants and any other obligation issued under the provisions of this Charter, in the manner prescribed in the ordinance or resolution authorizing the signing of any such obligation. The Mayor shall be recognized as head of the Town 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 Council Member elected by the Town Council at the first regular meeting after each election of Council Members 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 Council Member elected by the Town Council at the first regular meeting after each election of Council Members 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.
(1) 
The office of a Council Member or the Mayor shall become vacant upon his or her death, resignation, forfeiture of, or removal from office by any manner authorized by law.
(2) 
If any member of the Town 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, without explanation acceptable to a majority of the remaining members of the Town Council, his or her office shall be declared vacant at the next regular meeting of the Town Council by resolution.
(3) 
Any person on the Town Council who ceases to possess the required qualifications for office 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 Town Council.
(4) 
A vacancy on the Town Council shall be filled by election in accordance with the Texas Constitution; however, a vacancy may be filled by appointment if the vacancy is created in an unexpired term having twelve (12) months or less remaining thereupon. The Mayor or Council Member thus elected or appointed shall serve for the unexpired portion of the term of the vacated position.
All powers of the Town and the determination of all matters of policy shall be vested in the Town Council. Except where in conflict with and otherwise expressly provided by this Charter, the Town 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 Town Council, the following are hereby enumerated for greater certainty:
(1) 
Appoint and remove the Town Manager;
(2) 
Appoint and remove the Municipal Judge(s) of the Municipal court;
(3) 
Appoint and remove the Town Attorney;
(4) 
Designate items to appear on a future agenda of a Town Council meeting for consideration and/or discussion;
(5) 
Establish administrative departments;
(6) 
Adopt the budget of the Town;
(7) 
Collectively inquire into the conduct of any office, department or agency of the Town and make investigations as to municipal affairs;
(8) 
Provide for a Planning and Zoning Commission and a Board of Adjustment and other boards as deemed necessary, and appoint the members of all such boards and commissions. Such boards and commissions shall have all powers and duties now or hereafter conferred and created by this Charter, by Town ordinance or by law;
(9) 
Adopt and modify the official map of the Town;
(10) 
Adopt, modify and carry out plans in cooperation with the Planning and Zoning Commission for the replanning, improvement and redevelopment of specific areas of the Town;
(11) 
Adopt, modify and carry out plans in cooperation with the Planning and Zoning Commission for the replanning, reconstruction or redevelopment of any area or district which may have been destroyed in whole or part by disaster;
(12) 
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 Town;
(13) 
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 of buildings or dilapidated buildings or buildings calculated to increase the fire hazard, and the manner of their removal or destruction;
(14) 
Fix and regulate rates and charges of all utilities and public services; and
(15) 
Adopt plats, unless the Town Council votes to give this authority to the Planning and Zoning Commission or Town staff.
(1) 
Except where authorized by law or by this Charter, no Mayor or Council Member shall hold any other Town office or Town employment during his or her term as Mayor or Council Member. No former Mayor or Council Member shall hold any compensated appointive office or Town employment until one (1) year after the expiration of the term for which they were elected or appointed to the Town Council.
(2) 
Members of the Town Council shall not in any way dictate the appointment or removal of the Town administrative officers or employees whom the Town Manager or any of the Town Manager's subordinates are empowered to appoint. The Town Council, at a meeting called for that purpose, may express its views and fully and freely discuss with the Town 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 Town Council shall deal with Town officers and employees who are subject to the direction and supervision of the Town Manager solely through the Town Manager. The Town Council shall not give orders to any such officer or employee either publicly or privately except as otherwise provided in this Charter.
(1) 
The Town 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 Town. The Town Council shall fix by ordinance the date and time of the regular meetings.
(2) 
Special meetings of the Town Council shall be held at the call of the Mayor or a majority of the Council Members upon provision of public notice in accordance with state law.
(3) 
Except as provided by state law, all Town Council meetings shall be open to the public and shall be held and notice given in accordance with the Texas Open Meetings Act.
Four (4) members of the Town Council shall constitute a quorum for the purpose of transaction of business. No action of the Town Council, except as specifically provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of a majority of the Town Council present. If a certain percentage of affirmative votes to pass a measure is required, the number of affirmative votes must be measured against the entire qualified Town Council, not just the number present and voting.
Should any person on the Town Council have a conflict of interest, pursuant to any state laws and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Town Council, he or she shall openly declare same before discussion proceeds, and he or she is thereby prohibited from discussing the item or voting on the question, and is not considered as present and voting for the purposes of calculating the outcome of a vote.
Should any person on the Town Council choose to abstain from voting on any question before the Town Council, where no conflict of interest exists, the person's vote shall be recorded as an abstention in the official minutes of the meeting.
The Town Council shall determine, which may be done by ordinance, resolution or otherwise, its own rules of order and business. The Town Council shall provide that the citizens of the Town shall have a reasonable opportunity to clearly hear and be heard at public hearings with regard to specific matters under consideration. The Town 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 Town Secretary.
(1) 
The Town Council shall legislate by ordinance only, and the enacting clause of every ordinance shall be "Be it ordained by the Town Council of the Town of Prosper, Texas…". Each proposed ordinance shall be introduced in the written or printed form required for adoption. No ordinance shall contain more than one (1) subject which shall be clearly expressed in its title. 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 Town Council. Copies of the proposed ordinance, in the form required for adoption, shall be available at the Town offices and shall be furnished to citizens upon request to the Town Secretary from and after the date on which such proposed ordinance is posted as an agenda item for a Town Council meeting and, if amended, shall be available and furnished in amended form for as long as the proposed ordinance is before the Town Council.
(2) 
A proposed ordinance which has been amended in substance after its placement on the agenda for a Town Council meeting may not be voted on at such meeting. Such amended ordinance shall be placed upon the agenda of a subsequent meeting of the Town Council in accordance with the provisions of this Article. All persons interested in such ordinance shall have a reasonable opportunity to be heard.
(3) 
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 after adoption, in a newspaper designated as the official newspaper of the Town.
(4) 
If a majority of the Town Council present request that the ordinance title and caption or its entirety be read, it must be read.
(1) 
The Town 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 they 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 Town Council meeting and can be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of at least five (5) members of the Town 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. The ordinance may be re-enacted if the emergency still exists.
(1) 
All ordinances and resolutions adopted by the Town Council shall be authenticated by seal and signature of the person performing the duties of the Town Secretary and numbered consecutively as adopted. They shall be properly indexed and placed in a book kept open for public inspection.
(2) 
The Town Council may codify the ordinances of the Town. If adopted, the codification shall be known and cited as "The Prosper Town 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 Town 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 Town at large. Copies of the code shall be furnished to Town Officers, placed in Town offices and made available for purchase by the public at a reasonable price to be fixed by the Town Council.
(3) 
The Town 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 Town offices for public reference. Printed ordinances and Charter amendments shall be sold to the public at a reasonable price to be fixed by the Town Council.
The Town Council shall have the power to inquire into the official conduct of any department, agency, office, officer or employee of the Town. For that purpose, the Town 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 Town 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.
The Town Council shall require all municipal officers and employees who receive or pay out any monies of the Town to be bonded or cause each to be covered under a Public Employee Dishonesty Property Crime Coverage Policy with a company that maintains a minimum rating of "A" by A.M. Best's Key Rating Guide, or other equivalent rating service(s), authorized to transact business in the State of Texas. The amount of the bonds or policy coverage limits shall be determined by the Town Council and the cost shall be borne by the Town.
The Town Council shall adopt and maintain, by ordinance or resolution, a Code of Ethics for the purpose of, among other things, establishing and defining the bounds of reasonable ethical behavior by the Town Council and all appointed Town Officials.