Article V. ADMINISTRATIVE ORGANIZATION  

Section 1. Council Appointees. The Council shall appoint a City Manager, a City Attorney, a City Auditor, a City Secretary, a Collector of Taxes, and a Municipal Judge. Except for the City Manager, each may either be appointed for an indefinite term and be removed by majority vote of the entire membership of the Council, or at the Council's discretion may be appointed or contracted for a definite term not to exceed two (2) years. Provided, however, that no appointee be appointed nor awarded a contract sixty (60) days before any City Council election.

The action of the Council in suspending or removing an appointee shall be final. The compensation for an appointee shall be fixed by the Council. No member of the Council shall, during the time for which the member is elected or for two (2) years thereafter, be appointed to any of the positions set out above.

(Ord. No. 77-25, § 3, 4-4-77; Ord. No. 89-17, § 3(7), 1-26-89; Ord. No. 91-95, § 4(7), 11-14-91; Ord. No. 96-59, § 8, 6-16-96; Ord. No. 98-33, § 15, 6-3-98; Ord. No. 16-035, § 8, 5-17-16 )

Editor's note— Ord. No. 16-035, § 8, adopted May 17 , 2016 , amended § 1, to read as set out herein. Previously § 1 was titled " The City Manager."

Section 1a. The City Manager. The Council shall appoint a City Manager, who shall be the chief administrative and executive officer of the City. The City Manager shall be chosen by the Council solely on the basis of administrative and executive training, experience and ability. The City Manager shall reside and be domiciled in the City no later than 90 days after the effective date of hire and shall continue to reside and be domiciled in the City while serving as City Manager.

The City Manager may either be appointed for an indefinite term and be removed by majority vote of the entire membership of the Council, or at the Council's discretion may be appointed or contracted for a definite term not to exceed two (2) years. Provided, however, that the City Manager shall not be initially appointed nor awarded an initial contract sixty (60) days before or after any City Council election. If the Council is renewing an appointment or contract of the person holding the position of City Manager, the sixty days constraint in the prior sentence does not apply.

The action of the Council in suspending or removing the City Manager shall be final. The compensation for the City Manager shall be fixed by the Council. No member of the Council shall, during the time for which the member is elected or for two (2) years thereafter, be chosen as City Manager.

( Ord. No. 16-035, § 8, 5-17-16 )

Section 2. Powers and Duties of the City Manager. The City Manager shall be responsible to the Council for the proper administration of all the affairs of the City. The City Manager shall have power and shall be required to:

(1) Appoint and remove any officers or employees of the City except those officers appointed by the Council as otherwise provided by law or this Charter.

(2) Prepare the budget annually, submit it to the Council for approval, and be responsible for its administration after adoption.

(3) Keep the Council advised of the financial condition and administrative activities of the City, and make such recommendations as may seem desireable.

(4) Perform such other duties as may be prescribed by this Charter or required of the City Manager by the Council, not inconsistent with the provisions of this Charter.

(Ord. No. 91-95, § 4(8), 11-14-91; Ord. No. 96-59, § 8, 6-16-96)

Section 3. Administrative Departments. There shall be such administrative departments as are established by this Charter and as may be established by ordinance, and excepting where otherwise provided in this Charter, these administrative departments shall be under the control and direction of the City Manager. The Council may abolish or combine one or more of the departments created by it, and may assign or transfer the duties of any department to another department where not in conflict with other provisions of this Charter.

(Ord. No. 96-59, § 8, 6-16-96)

Section 4. Directors of Departments. At the head of each department there shall be a director who, unless otherwise provided in this Charter, shall be appointed, and may be removed, by the City Manager. Such directors shall have supervision and control over their respective departments, and may serve as chiefs of divisions within their respective departments. Two or more departments may be headed by the same individual, and the City Manager may head one or more departments.

(Ord. No. 96-59, § 8, 6-16-96)

Section 5. Departmental Organization. The work of each department shall be distributed among such divisions therein as may be established by ordinance. Pending the passage of ordinances establishing departmental divisions the City Manager may establish temporary divisions in any department.

(Ord. No. 96-59, § 8, 6-16-96)

Section 6. Department of Law. There shall be a Department of Law, the head of which shall be the City Attorney. The City Attorney shall be appointed by the Council, and shall be licensed to practice law in the State of Texas, and shall serve at the pleasure of the City Council. The City Attorney shall reside and be domiciled in the City no later than ninety (90) days after the effective date of hire and shall continue to reside and be domiciled in the City while serving as City Attorney.

The City Attorney shall be the legal advisor and attorney for all officers and departments of the City and shall represent the City in all litigation and proceedings, including the prosecution of cases before the Municipal Court. The City Attorney shall draft, approve, or file written legal objections to, every ordinance before it is acted upon by the Council, and shall pass upon all documents, contracts and legal instruments in which the City may have an interest.

There shall be such Assistant City Attorneys that may be authorized by the Council and appointed by the Council on the recommendation of the City Attorney. There shall be such other staff who shall be hired by and serve at the pleasure of the City Attorney. The Assistant City Attorneys may be authorized to act for and on behalf of the City Attorney in all matters wherein the City Attorney might act. The City Attorney or an Assistant City Attorney shall not engage in private practice while holding this office without first obtaining the approval from the City Council.

(Ord. No. 91-95, § 4(9), 11-14-91; Ord. No. 96-59, § 8, 6-16-96; Ord. No. 98-33, § 16, 6-3-98)

Section 7. City Secretary. The Council shall appoint the City Secretary, who shall serve at the pleasure of the Council. The City Secretary shall reside and be domiciled in the City no later than ninety (90) days after the effective date of hire and shall continue to reside and be domiciled in the City while serving as City Secretary. There shall be such Assistant City Secretaries as appointed by Council on the recommendation of the City Secretary. Any Assistant City Secretary shall serve at the pleasure of the City Secretary. There shall be such other staff who shall be hired by and serve at the pleasure of the City Secretary. The City Secretary shall keep the minutes and other records of the Council, shall receive service of civil process, and shall have such other duties and responsibilities as may be assigned by this Charter, City Ordinance and/or the Council.

( Ord. No. 16-035, § 8, 5-17-16 )

Section 8. City Auditor. There shall be a qualified City Auditor who shall be appointed by the Council and be responsible directly to the Council. The City Auditor shall reside and be domiciled in the City no later than ninety (90) days after the effective date of hire and shall continue to reside and be domiciled in the City while serving as City Auditor. The City Auditor may be removed only by a majority of the City Council. The City Auditor shall have such duties, responsibilities and staff as determined by ordinance including the responsibility to conduct or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. The City Auditor shall assist the City Council in establishing accountability and in improving City system and service delivery. There shall be such Assistant City Auditors as appointed by Council on the recommendation of the City Auditor. Any Assistant City Auditor shall serve at the pleasure of the City Auditor.

( Ord. No. 16-035, § 8, 5-17-16 )