Codification Notes:

Ord. No.	Adopted	Codified	Status
2015-004	Apr 13, 2015	NONE	REPEALED by Ord 2018-001, Nov 10, 2020

Repeals

1. Ordinance 100-12

2. Ordinance 04-102

ORDINANCE NO. 2015-004

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS REPEALING ORDINANCE 100-12 IN ITS ENTIRETY AND PROVIDING FOR AN ORDINANCE PRESCRIBING THE DUTIES AND RESPONSIBILITIES OF THE MAYOR; REPEALING ORDINANCE 04-102 IN ITS ENTIRETY AND PROVING FOR AN ORDINANCE PRESCRIBING THE DUTIES AND REPOSIBILITIES OF THE MAYOR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Hawk Cove, Texas is a Type-A General Law Municipality located in Hunt County, created in accordance with the provisions of Chapter 6 of the Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and

WHEREAS, on November 9, 2000, the City Council approved Ordinance No. 100-12, prescribing the duties and responsibilities of the mayor as permitted by section 22.042 of the Texas Local Government Code; and

WHEREAS, on March 3, 2004, the City Council approved Ordinance No. 04-102, prescribing the duties and responsibilities of the mayor as permitted by section 22.042 of the Texas Local Government Code; and

WHEREAS, the City Council has determined that Ordinance 100-12 should be repealed in its entirety and replaced with this ordinance and that this ordinance is in the best interest of the health, safety and general welfare of the citizens of the City of Hawk Cove.

WHEREAS, the City Council has determined that Ordinance 04-102 should be repealed in its entirety and replaced with this ordinance and that this ordinance is in the best interest of the health, safety and general welfare of the citizens of the City of Hawk Cove.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS THAТ:

SECTION 1

The following Ordinances are hereby repealed in its entirety:

1. Ordinance 100-12

2. Ordinance 04-102

SECTION 2

The duties and powers of the mayor of the City of Hawk Cove are as follows:

1. Statutory Duties. The mayor shall have all of the duties and powers granted to the Mayor under Texas law, including the following statutory duties and powers:

(a) The mayor is the chief executive officer of the City of Hawk Cove and shall at all times actively ensure that the laws and ordinances of the City are properly carried out;

(b) The mayor shall preside at all meetings of the City Council and, except in elections, may vote only if there is a tie;

(c) The mayor shall inspect the conduct of each subordinate municipal officer and shall cause any negligence, carelessness or other violation of duty to be prosecuted and punished;

(d) The mayor shall give to the governing bodies any information and shall recommend to the governing body any measure that relates to improving finances, police, health, security, cleanliness, comfort, ornament, or good government of the City;

(e) The mayor may administer oaths of officе;

(f) The mayor may call a special meeting of the City Council on the mayor's own motion or on the application of three or more members of the Council.

2. Legislative Duties. The mayor's legislative duties and powers include the following:

(a) To assist in expediting business of the Council by ensuring that the discussion of the posted Council is limited to items posted on the agenda or on items that should be on future agendas;

(b) To enforce the rules of procedure, order and decorum adopted by the Council;

(c) To announce the results of any vote taken by the Council;

(d) To sign, when necessary, all documents reflecting actions taken by or orders City issued by the Council or any other document the mayor is authorized by law or by policy to sign; addressed

(e) To adjourn or the meetings of the Council after all items on the agenda have been otherwise disposed of or in the event of an emergency;

(f) To identify the needs of the City and to make recommendations as to policies, rules, resolutions, and ordinances to be adopted by the Council to satisfy those needs; and

(g) To develop and recommend to the Council a plan for dealing with emergency situations, such as natural disasters or war, and to recommend any modifications to such plan.

3. Administrative Duties. The mayor's administrative duties and powers include the following:

(a) To oversee and manage the day-to-day operations of the City;

(b) To interview candidates for employment with the Town and to make recommendations to the Council on hiring and firing decisions;

(c) To authorize expenditures of the City funds in the furtherance of City business consistent with the City's Purchasing Policy and the decisions of the Council;

(d) To follow the lawful instructions of the Council in pursuing City business, providing that such instructions do not contradict the mayor's powers and duties under the law or City policy;

(e) To keep the Council reasonably informed on matters related to the City business by providing updates to the Council at the meetings of the Council or in response to a request for information by one or more Council members;

(f) To keep confidential information provided to the mayor by a Council Member, when

(i) the person providing the information clearly informs the mayor, at the time the information is provided, that the information is to be kept confidential; and

(ii) the information provided is not required by law to be disclosed to a third party. The mayor may disclose any information provided to the mayor in confidence to the City's attorney for a determination as to whether such information is required by law to be disclosed to a third party. If the City's attorney advises the mayor that the law requires the disclosure of such information to a third party, the mayor should disclose such information in accordance with applicable law.

4. Ceremonial Duties. The mayor's ceremonial duties and powers are as follows:

(a) To attend all functions and events sponsored by the City;

(b) To read and issue all proclamations of the City; and

(c) To attend any national, state, regional and local meetings of the citizens groups, organizations, governments, educational associations, etc. that the mayor deems necessary to attend in furtherance of the mayor's duty to keep properly informed on issues affecting the City, provided that the mayor's cost to attend such meetings shall not be paid or reimbursed by the City unless approved by the Council.

5. Restrictions on the Mayor's Authority. The mayor is prohibited from engaging in the following actions unless such actions are specifically authorized by the Council or by an ordinance of the City and are not contrary to applicable law:

(a) Granting a variance to any rule, ordinance or policy of the City;

(b) Granting any special exception or permit; and

(c) Appointing member to any board or commission of the City, unless required by law, provided that the mayor may still recommend candidates to fill any vacant seat on any board or commission of the City; and

(d) The mayor may not fire any city employee or municipal officer.

6. Mayor Pro Team. In the event the mayor is unable for any reason to fulfill any duty prescribed by this ordinance, the mayor pro team shall fulfill the duty in the mayor's absence.

SECTION 3

This ordinance shall be cumulative of all provisions of ordinances and of the ordinance of the City of Hawk Cove, Texas, as amended, except when the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.

SECTION 4

It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, paragraph, sentence, clause, or phrase ofthis Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase.

SECTION 5

This Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF APRIL 2015.