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Section 3.01. - Number, Selection and Term.#
The City Council shall be composed of the Mayor and six (6) Council Members elected from the City at large. The Mayor and Council Members shall be elected in the manner provided in Article V of this Charter to serve for two (2) year terms and for no more than three (3) consecutive terms. Terms served as Council Member shall be considered separately from those served as Mayor; however, no person may serve more than six (6) consecutive terms as Mayor and Council Member. A Mayor or City Council Member elected at a special election or appointed by City Council to serve a vacated place shall be elected or appointed to serve the remainder of the unexpired term of the office without the time counting against a full two-year term.
Section 3.02. - Qualifications.#
A citizen who desires to become a candidate for an elective City office shall file with the City Secretary a signed, sworn, application for the citizen's name to appear on the ballot. The application shall represent that the citizen meets each qualification for the office.
Each candidate for an elective City office shall have the following qualifications as of the time and date the candidate files the application: A.
Shall be a U.S. citizen.
B.
Shall be a registered voter of the City, and twenty-one (21) years of age or over.
C.
Shall have resided for at least twelve (12) months preceding the election within the corporate limits of the City or within an area having been annexed into the City.
D.
Shall not have been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities.
E.
Shall be disqualified by reason of having been judged incompetent by a final judgment of court, or by reason of any provision of any other section of this Charter or by any provision of state law.
F.
Shall not be a candidate for any other office in the same election.
G.
Shall not be an employee of the City at the time of filing for office.
Section 3.03. - Judge of Election Qualifications.#
The City Council shall be the judge of the qualifications of its members.
Section 3.04. - Compensation.#
The Mayor and Council Members may be compensated. The rate of compensation may be established or changed by the City Council; however, no increase in the rate of compensation shall take effect unless ratified by a majority of the voters in the next regular City election. The Mayor and Council Members shall be entitled, with approval by the City Council, to be reimbursed for reasonable expenses incurred in the performance of specific duties. Levels of reimbursement shall be determined by the City Council.
Section 3.05. - Mayor and Mayor Pro-Tem.#
The Mayor shall be the official head of the City government. The Mayor shall be the Chair and shall preside at all meetings of the City Council. The Mayor may make motions and may vote on every proposition before the City Council. While the Mayor or alternate presiding officer shall have no power to veto, he/she shall have the power to declare a delay of the vote on any item on an agenda until the next Council meeting, such authority to be limited to a single delay for any agenda item being considered. The Mayor shall, except as provided otherwise by the City Council, sign all official documents such as ordinances, resolutions, conveyances, grant agreements, official plats, contracts and bonds. The Mayor shall appoint special committees as advisable and as instructed by the City Council. The Mayor shall perform such other duties consistent with this Charter or as may be imposed by the City Council.
A Mayor Pro-tem shall be elected by the City Council as soon as practicable after each regular City election, or in the event of a vacancy in the Mayor Pro-tem position. 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.
Section 3.06. - Vacancies, Forfeiture, and Filling of Vacancies.#
A.
Vacancies. The office of a City Council Member or the Mayor shall become vacant upon the death, incapacity, resignation, or removal from office in any manner authorized by law, or forfeiture of office by the office holder.
B.
Forfeiture of Office. If the Mayor or any City Council Member:
1.
fails to maintain the qualifications set forth in Section 3.02 of this Charter (unless the residence of a member of the Council is de-annexed, then the member shall serve the remainder of his/her term of office); or
2.
has been found by at least a two-thirds (⅔) vote of the remaining Members of City Council to have violated any express prohibition of this Charter; or
3.
is convicted of a crime involving moral turpitude or a felony; or
4.
fails to attend three (3) consecutive regular Council meetings without being excused by the City Council;
The City Council shall, at its next regular meeting, declare the office to be vacant and shall fill such vacancy as set forth below.
C.
Resignation by Filing for Another Elected Position.
If a City Council Member or the Mayor has more than one year remaining on their term and files to run for another elected position within the City government then said filing shall be considered a resignation of their current position. However, the resigning individual shall holdover in their current position until their successor is sworn into office.
D.
Filling of Vacancies.
1.
When a single or double vacancy occurs in the City Council, the remaining Members of City Council shall:
a.
If the remaining term(s) is less than one year in duration either appoint a qualified person to fill the unexpired term(s) or hold a special election to fill the unexpired term(s). An appointment must be approved by an affirmative vote of at least five (5) members of the City Council; or
b.
If the remaining term(s) is one year or more, order an election to fill the unexpired term(s) at the next regular general election.
2.
Should three (3) vacancies exist on City Council at the same time then City Council shall order an election to fill the vacancies on the next available uniform election date as provided by law.
3.
All appointments to City Council shall serve until the next regular election.
4.
All appointments to City Council shall be qualified to serve pursuant to Section 3.02 of this Charter and shall take office immediately upon appointment.
Section 3.07. - General Powers and Duties of Elected Officials.#
The City Council shall be the legislative and governing body of the City and, except as otherwise provided by state law or this Charter, all powers of the City shall be vested in the City Council which shall provide for the exercise of all powers and for the performance of all duties and obligations imposed on the City by law.
The City Council shall have control of all the City finances, property, streets, functions, services, affairs and programs, and shall have the power to ordain, alter, amend or repeal and enforce ordinances, resolutions, rules, orders, and regulations, for any public purpose, including but not limited to recreation; the regulation, licensing and control of streets; public property; municipal finances; the preservation of the public peace and good order; the security and protection of the public health, safety and welfare of the citizenry; the promotion of trade, commerce and economic development; the beautification and quality of life within the City; and to provide for any other public service or program provided by any city within the State of Texas.
Section 3.08. - City Council Responsibilities.#
The City Council is elected to carry-out the duties of the office as provided for in state law and this Charter including, but not limited to: strategic planning; establishing service levels and financial goals; land use; and capital improvements. The City Council shall review the Charter, establish annual goals and objectives for the budget, and conduct performance reviews on the City Manager, Municipal Judge and other positions reporting directly to the City Council on an annual basis.
Section 3.09. - Prohibitions.#
A.
Holding Other Office. Except as authorized by law, no Mayor or Council Member shall hold any other City office or City employment during a term as Mayor or Council Member. No former Mayor or Council Member shall hold any compensated appointive City office or City employment until one year after the expiration of term as Mayor or Council Member except as provided in Section 3.01 of this Charter.
B.
Appointments and Removals. Neither the Mayor, nor any City Council Member shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the City Manager or the Manager's subordinates are empowered to appoint. However, the City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees.
C.
Interference with Administration. Except for the purpose of inquiries or investigations under Section 3.16, neither the Mayor, City Council Members, nor the City Council shall direct City officers or employees who are subject to the direction and supervision of the City Manager, except through the City Manager. Neither the City Council nor any of the Members of City Council shall give orders to any officer or employee supervised by the City Manager, either publicly or privately, except as otherwise provided in this Charter.
Section 3.10. - Meetings of the Council.#
A.
Monthly Council Meeting. The City Council shall hold at least one (1) regular meeting each month at a time and place the City Council shall designate.
B.
Regular Meetings. Regular meetings are council meetings required to be held at least monthly and designated as regular.
C.
Special Meetings. Special meetings may be called by the City Secretary at the request of the Mayor, the City Manager or two (2) City Council Members. The City Manager and each City Council Member shall be notified of all special meetings.
D.
Public Meetings. All meetings shall be open to the public except as authorized by law and shall be held at the City Council Chambers of the City, or other places within or outside of the City that will permit the attendance of the general public.
Section 3.11. - Quorum.#
Four (4) Members of City Council shall constitute a quorum for the purpose of transacting business. Any action of the City Council, except as provided in this Charter, shall be valid or binding when adopted by majority vote of the Members of City Council in attendance. A Member of City Council that is present but not voting shall be in attendance for purposes of the quorum.
Section 3.12. - Rules of Procedure.#
The City Council shall, by ordinance, determine its own rules and order of business and the rules shall provide that citizens of the City shall have a reasonable opportunity to be heard at any meeting in regard to any matter under consideration.
A citizen of the City of Burnet who wishes to recommend an agenda item for a City Council meeting shall submit a request only to the Mayor, the City Manager or a City Council Member. These individuals are the only ones empowered to set an agenda item.
Section 3.13. - Voting.#
The City Council shall provide for the taking and recording of minutes for all open meetings, and such minutes shall be a public record. There shall also be provision for a certified agenda or recording of meetings held in executive or closed session in accordance with applicable law. The "ayes" and "nays" of each Member of City Council, on every vote taken by the City Council shall be recorded in the minutes. All Members of City Council present shall vote upon every resolution or ordinance, except where there is a conflict of interest, the reason for which shall be stated concisely in the minutes.
Section 3.14. - Ordinances and Resolutions.#
The enacting clause of all ordinances shall be: "Be it ordained by the City Council of the City of Burnet, Texas..." Ordinances, and formal resolutions that establish programs, adopt policy, provide any rule or regulation applicable to the general public, or establish requirements for any general administrative function of the City, shall be introduced in the City Council only in written or printed form and shall contain only one subject each. All ordinances, unless otherwise provided by law or this Charter or by the terms of such ordinances, shall take effect immediately upon the final passage thereof. City Council shall adopt a policy regarding the publication of ordinances consistent with State law.
Resolutions that give directions to the City Manager on a business matter, approve an administrative action, contract or bid, and that approve plans and actions in the course of the day-to-day business of the City, will be sufficient if shown by recording the motion and vote in the minutes of the City Council. Ordinances making appropriations shall be confined to appropriations.
Section 3.16. - Council Investigative Body; Hearings; Process.#
A.
General. In addition to any other specific authority of investigation and hearing provided for in this Charter, the City Council shall have the power to inquire into the official conduct of any department, agency, office, officer, employee, or contract service provider of the City, and for that purpose shall have the power to administer oaths and subpoena witnesses, compel the attendance of witnesses and the production of books, papers, and other evidence material to the inquiry. The City Council shall, by ordinance, provide the process, procedures and requirements for the subpoena of persons, books, papers and other evidence, the giving of notice, and the fine or penalty for the failure or refusal of any person to comply with a subpoena, and shall have the power to punish the misconduct in the manner provided by the ordinance.
B.
Hearing Process for Forfeiture of Office and Prohibitions.
1.
All hearings held under this subsection shall be conducted in open session, except that the City Council may conduct a closed session to get advice from its attorney pursuant to the Texas Open Meetings Act.
2.
The office holder subject to any investigation and/or hearing under this section shall be entitled to written notice, delivered by certified mail return receipt requested, of the allegations of forfeiture and/or the alleged violation of this Charter as applicable; delivery shall be complete on the fifth business day following upon deposit of the written notice, postpaid and properly addressed, in the mail.
3.
A special meeting shall be called to hold the hearing. Said special meeting to be held no earlier than fourteen (14) days subsequent from the delivery of written notice and no later than ninety (90) days after delivery of written notice, unless otherwise agreed to by a majority of the City Council and the individual subject to the hearing.
4.
A Member of City Council who initiated or is the subject of the investigation or hearing shall not sit at the dais and shall not participate in deliberation or vote.
5.
City Council shall adopt by ordinance rules of procedures to be followed.
6.
The City Council shall state the nature of the hearing and the allegations to be considered, shall be provided the results of any investigation and a presentation of the evidence against the office holder including, but not limited to testimony from individuals.
7.
The individual who is subject to the hearing shall be provided a copy of the results of the investigation, including any written testimony acquired during the investigation, an opportunity to respond to the allegations and present any relevant evidence including, but not limited to, testimony from individuals.
8.
City Council may ask questions of any individual giving testimony.
9.
No public comment shall be allowed.
10.
In the case of a violation of Section 3.06 of this Charter, City Council shall vote on the forfeiture and on the affirmative vote of two-thirds (⅔) of the remaining Members of City Council to declare the office of said office holder to be forfeited and vacant.
11.
In the case of a violation of Section 3.09 of this Charter, City Council may on the affirmative vote of a majority of the City Council may take any of the following actions: directing further investigation, requesting further information, take a vote of censure; or upon the affirmative vote of two-thirds (2/3) of the City Council, declare the office of said office holder to be forfeited and vacant; and
12.
Any investigation conducted pursuant to this section shall be conducted by an outside, independent third party.