City of Sweeny, Texas

CITY CHARTER

 


ARTICLE II.  THE CITY COUNCIL

Sec. 2.01. Number, Selection, and Term of Office.

The City Council shall be composed of a Mayor and five Councilmembers. Councilmembers shall be elected to and occupy positions on the City Council, such positions being numbered one, two, three, four and five. Members of the City Council, unless sooner removed under the provisions of this Charter or the Laws of the State of Texas, shall serve for a term of two (2) years. Terms shall commence the third Tuesday in May following the member's election, and terminate at midnight on the Monday preceding the third Tuesday in May two years thereafter, or until the member's successor has been elected and duly qualified. Councilmember positions one, three, and five shall be filled each even numbered year, and positions two and four shall be filled each odd numbered year. The office of Mayor shall be filled each odd numbered year.

Sec. 2.02. Qualifications and Limitations.

Each member of City Council shall be a citizen and qualified voter of the State of Texas and the City of Sweeny at the time of his or her election to office. No member of the City Council shall hold any other office or employment under the City government while serving on said City Council, or hold any paid employment under the City government within two years thereafter. Any member of the City Council ceasing to reside in the City shall be deemed to have vacated his or her position on the City Council.

Sec. 2.03. Compensation.

Councilmembers shall not receive remuneration or compensation; however, they shall be entitled to all necessary expenses incurred in the performance of their official duties. The Mayor shall receive such remuneration or compensation as may be established from time to time by the City Council.

Sec. 2.04. Mayor and Mayor Pro Tem.

The Mayor shall preside at all meetings of the City Council and shall be recognized as head of the City government for all ceremonial purposes, for the purpose of receiving service of civil process, for emergency purposes, and for military purposes, but shall have no regular administrative duties. The Mayor shall perform such other duties and possess and exercise such other authority as may be prescribed and conferred by the City Council. The Mayor, as a member of the City Council, shall be entitled to vote only in the case of a tie.

At its first regular meeting following the general municipal election each year, the City Council shall by election designate one of its members as Mayor Pro Tem, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tem shall act as Mayor during the absence or disability of the Mayor and shall have power to perform every act the Mayor could perform if present. If the Mayor and the Mayor Pro Tem are absent from a meeting, the City Council shall elect an attending member to preside over such meeting.

Sec. 2.05. Vacancies.

Vacancies on the City Council arising from any cause may be filled by a majority vote of the remaining members, or the City Council may call a special election to fill such vacancy. The person appointed or elected to fill such vacancy shall serve the remainder of the unexpired term for such office. The person filling such vacancy shall possess all qualifications required for the office as set forth in Section 2.02 of this Charter.

Sec. 2.06. Powers of the City Council.

All powers and authority which are expressly or impliedly conferred on or possessed by the City shall be vested in and exercised by the City Council; provided, however, the City Council shall have no power to exercise those powers which are expressly conferred upon other City officers by this Charter.

Sec. 2.07. Investigative Body.

The City Council shall have the power to inquire into the official conduct of any department, agency, office, officer or employee of the City, and for that purpose shall have the power to administer oaths, subpoena witnesses, compel the production of books, papers and other evidence material to the inquiry. The City Council may provide by ordinance penalties for contempt in 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 such contempt in the manner provided by such ordinance.

Sec. 2.08. Interference in Personnel Matters.

Neither the City Council nor any of its members shall instruct or request the City Manager, or any subordinate of the City Manager, to appoint to or remove from office or employment any person except with respect to those offices which are to be filled by appointment by the City Council under the provisions of this Charter. Except for the purposes of inquiry and investigation, the City Council and its members shall deal with the administrative service of the City solely through the City Manager and shall not give orders to any of the City Manager's subordinates, either publicly or privately.

Sec. 2.09. City Secretary.

The City Council shall appoint a City Secretary. The City Secretary shall keep the records of the City Council and shall perform such other duties and hold such other responsibilities of office as may be assigned by this Charter or the City Council. The City Secretary shall appoint such assistants as may be authorized by the City Council.

Sec. 2.10. Meetings of the City Council.

There shall be at least one regular meeting of the City Council each month. Regular meetings shall be held at the City Hall and shall be held at such times as shall be prescribed by ordinance or resolution. Special meetings may be called at anytime by the City Secretary upon request of the Mayor, the City Manager, or three members of City Council. Special meetings may be held at locations other than at the City Hall when deemed necessary and appropriate by the City Council, provided such special meetings are held at locations accessible to the general public.

Sec. 2.11. Rules of Procedure.

The City Council shall determine its own rules and order of business. A majority of the City Council qualified and serving shall constitute a quorum for all meetings for the transaction of business. The City Council may adopt such rules and prescribe such penalties as it may deem proper to enforce the attendance of its members at all regular and special meetings of the City Council or its committees. Minutes of all meetings of the City Council shall be taken and recorded and such minutes shall constitute a public record.

Sec. 2.12. Procedure to Enact Legislation.

The City Council shall legislate by ordinance. The enacting clause of every ordinance shall be, "Be it Ordained by the City Council of the City of Sweeny, Texas." Every ordinance enacted by the City Council shall be signed by the Mayor, the Mayor Pro Tern, or by two members of City Council and shall be filed with and recorded by the City Secretary. Every ordinance shall take effect immediately upon its final passage, unless otherwise provided by Law or by the terms of such ordinance.

Sec. 2.13. Publication of Ordinances.

Except as otherwise provided by Law or this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine, or forfeiture for any violation of any of its provisions, and of every other ordinance required by Law or this Charter to be published, by causing said ordinance, or its caption and penalty, to be published at least one time within ten days after final passage thereof in the official newspaper of the City. The affidavit of publication by the publisher of such newspaper taken before any officer authorized to administer oaths and filed with the City Secretary shall be conclusive proof of the legal publication and promulgation of such ordinance in all Courts.

Sec. 2.14. Code of Ordinances.

The City Council shall have the power to cause all general ordinances of the City to be compiled and printed in code form. Every general ordinance enacted subsequent to such codification may be enacted as an amendment to the code. The City Council shall cause all general ordinances to be codified, recodified and reprinted whenever in its discretion such is deemed desirable, or when such codification or recodification is required by Law. When adopted by the City Council, the printed codes of general ordinances contemplated by this Section 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 City may be omitted without affecting the validity of such ordinances when they are published as a code.