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52

ARTICLE IV. - ADMINISTRATIVE SERVICE

Part of the Code of Ordinances of Burnet, TX.

Local law · 1,620 sections

The text

Section 4.01. - City Manager.#

A.

Appointment and Qualifications. The City Manager shall be appointed by an affirmative vote of five (5) or more Members of City Council. The method of selection shall be left to the discretion of the City Council. The City Manager shall reside within the City of Burnet within forty-five (45) days of assuming his/her duties. The City Manager shall be bonded at City expense in an amount consistent with current need as established by the City Council.

B.

Compensation. The City Manager shall receive compensation as fixed by the City Council. The compensation shall be agreed upon before appointment. The City Council may increase but not reduce the compensation of the City Manager at their discretion.

C.

Term and Removal. The City Manager shall be appointed for an indefinite term. An affirmative vote of five (5) or more Members of City Council may remove the City Manager. The action of the City Council in suspending or removing the City Manager shall be final. It is the intention of this Charter to vest all authority and fix all responsibilities of such suspension or removal in the City Council.

D.

Powers and Duties. The City Manager shall be the chief administrative officer of the City, and shall be responsible to the City Council for the proper administration of all the affairs of the City and to that end shall be required to:

1.

see that all state laws and City ordinances are enforced.

2.

appoint, suspend and remove, direct and supervise the directors of departments, except as otherwise provided in this Charter.

3.

attend all meetings of the City Council except when excused by the City Council, and shall have the right to take part in the discussions.

4.

prepare an annual budget, submit it to the City Council and be responsible for its administration after its adoption.

5.

prepare and submit to the City Council at the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year.

6.

keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem advisable.

7.

make other reports as the Council may require concerning the operations of City departments, offices and agencies subject to the City Manager's direction and supervision, and

8.

perform duties as may be prescribed by this Charter or required by the City Council.

E.

Acting City Manager. The City Manager, within sixty (60) days after taking office, shall designate by letter filed with the City Secretary, an administrative officer of the City to perform the duties of the City Manager in the absence or disability of the City Manager. The designee shall be subject to the consent of the City Council. The designee may be changed at the discretion of the City Manager, with the consent of the City Council.

Section 4.02. - Departments.#

There shall be such departments as established by this Charter and as established by ordinance. The City Manager shall direct and supervise all departments, unless this Charter directs otherwise. The City Council shall have power by ordinance to establish departments not herein provided by this Charter and may discontinue, redesignate or combine any of the departments created by ordinance. No changes shall be made by the City Council in the organization of the departments of the City until the recommendations of the City Manager shall have been heard by the City Council.

Section 4.03. - Municipal Court.#

A.

Municipal Court Established. There shall be established and maintained a court, designated as the Municipal Court for the trial of misdemeanor offenses and other matters as provided by state law or ordinance. The Municipal Court shall perform such other duties and functions appropriate for the Municipal Court as are established by ordinance not inconsistent with state law. The Municipal Court shall have all such other powers and duties as are now, or may in the future be prescribed by laws of the State of Texas, relative to municipal courts.

B.

Presiding Judge. The Presiding Judge of the Municipal Court shall be appointed by the City Council and shall hold office for two years from the date of appointment unless sooner removed by a majority vote of the City Council as provided for herein. The Presiding Judge shall have such qualifications as are required by the City Council and state law, shall report to the City Council, shall be required to participate in training programs available for municipal judges, and shall receive such salary as fixed by the City Council.

C.

Court Clerk. There shall be a clerk of the Municipal Court, and such deputies as the City Council may deem advisable, who shall be appointed by the City Manager.

D.

Duties of Clerk. The Clerk and Deputies of the Municipal Court shall have the power to administer oaths and affidavits, make certificates, affix the seal of the Municipal Court and generally do and perform any and all acts usual and necessary to be performed by the clerks of courts in issuing process and conducting business.

E.

Alternate Judges. The City Council shall have the power to appoint alternate judges who may serve in the temporary absence of the Presiding Judge. Alternate Judges serve at the pleasure of the City Council.

F.

Removal of Presiding Judge. The Presiding Judge shall serve at the will and pleasure of the City Council and may be relieved from office by a majority vote of the City Council.

Section 4.04. - City Attorney.#

The City Council shall appoint a competent and duly licensed attorney practicing law in the State of Texas who shall be the City Attorney. The City Attorney shall receive for services such compensation as fixed by the City Council, shall report to the City Council and shall hold office at the pleasure of the City Council. The City Attorney may appoint assistant City attorneys, and the City Attorney, or such other attorneys selected with the approval of the City Council, shall represent the City in all litigation. The City Attorney shall be the legal advisor of, and attorney and counsel for, the City and all its officers and departments.

Section 4.05. - City Secretary.#

The City Manager shall, with the consent of the City Council, appoint and may remove the City Secretary and any assistant City Secretaries as the City Council shall deem advisable. The duties of the City Secretary or an assistant City Secretary shall be as follows: A.

Gives Public Notice. Gives notice of City Council meetings, the meetings of all other City boards and commissions and public hearings.

B.

Keeps Minutes and Records. Keeps the minutes and records of the proceedings of such meetings.

C.

Maintains Documents and Records. Authenticates by signature and record in full in a book kept and indexed for the purpose, all ordinances and resolutions, and

D.

Performs Additional Duties. Performs such other duties as the City Manager shall assign and those elsewhere provided for in this Charter or by ordinance.