Hawk Cove:Ord 2018-001

Codification Notes:

Ord. No.	Adopted	Codified	Status
2018-001	Nov 10, 2020	TITLE 2	ACTIVE

Repeals

1. Ordinance 2015-004

2. Ordinance 100-12

3. Ordinance 04-102

ORDINANCE NO. 2018-001

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS, REPEALING ORDINANCE 2015-004 IN ITS ENTIRETY AND PROVIDING FOR AN ORDINANCE PRESCRIBING THE DUTIES AND RESPONSIBILITIES OF THE MAYOR. PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DAТЕ.

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.

WHEREAS, On November 9, 2000, the City Council Approved Ordinance #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 #04-102, prescribing the duties and responsibilities of the mayor as permitted by section 22.042 of the Texas Local Government Code, and

WHEREAS, on April 13, 2015, the City Council Approved Ordinance #2015-004, 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WHEREAS, the City Council has determined that Ordinance number 2015-004 should be repealed in its entirety and replaced with this Ordinance and that this Ordinance is in the best interest of the health, safety and general welfare of the citizens of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 Texas.

WHEREAS, the City Council has determined that Ordinance #100-12 should be repealed in its entirety and replaced with this Ordinance and that this Ordinance is in the best interest of the health, safety and general welfare of the citizens of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

WHEREAS, the City Council has determined that Ordinance #04-102 should be repealed in its entirety and replaced with this Ordinance and that this Ordinance is in the best interest of the health, safety and general welfare of the citizens of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

WHEREAS, on November 9, 2020 the City Council has determined that Ordinance #2018-001 is incomplete and should be modified and that this modified Ordinance is in the best interest of the health, safety and general welfare of the citizens of the City of Hawk Cove Texas.

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

SECTION 1

The following Ordinances are hereby repealed in their entirety:

1. Ordinance 100-12

2. Ordinance 04-102

3. Ordinance 2015-004

SECTION 2

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

Statutory Duties:

A). The mayor shall preside at all meetings of the governing body of the municipality and, except in elections, may vote only if there is a tie. If the mayor fails, is unable, or refuses to act, the president pro-tempore shall perform the mayor's duties and is entitled to receive the fees and compensation prescribed for the mayor. If the mayor and the president pro tempore are absent, any alderman may be appointed to preside at the meeting.

B). The mayor may call a special meeting on the mayor's own motion and shall call a special meeting on the application of three aldermen. Each member of the governing body, the secretary, and the municipal attorney must be notified of the special meeting. The notice may be given personally or left at the person's usual place of residence.

C). The mayor is the chief executive officer of the municipality. The mayor shall at all times actively ensure that the laws and ordinances of the municipality are properly carried out. The mayor shall perform the duties and exercise the powers prescribed by the governing body of the municipality.

D). The mayor shall inspect the conduct of each elected council member and shall cause any negligence, carelessness, or other violation of duty to be prosecuted and punished.

E). The mayor shall give to the governing body any information, and shall recommend to the governing body any measure, that relates to improving the finances, police, health, security, cleanliness, comfort, ornament, or good government of the municipality.

F). The mayor may administer oaths of office.

G). The mayor's administrative duties do not extend to the normal function and day-to-day operations of the city. The mayor has no authority to employee, terminate, direct or delegate to employees of the city.

H). The mayor does not have the authority to contact the city's legal counsel, vendors and other third parties on behalf of the city or in the role as mayor. The mayor may not enter or nullify/cancel any agreement unilaterally. Agreements must all be presented to and ratified by the city council.

I). The mayor has no authority to issue license or commission.

J). In the event of a riot or unlawful assembly or to preserve the peace and good order in the municipality, the mayor may order and enforce the closing of a theater, ballroom, or other place of recreation or entertainment, or a public room or building and may order the arrest of a person who violates a state law or a municipal ordinance in the presence of the mayor.

K). Municipal Budget: (Chapter 102- LOCAL GOVERNMENT CODE)

Sec. 102.001. BUDGET OFFICER.

(a) The mayor of a municipality serves as the budget officer for the governing body of the municipality except as provided by Subsection (b). (b) If the municipality has the city manager form of government, the city manager serves as the budget officer.

Sec. 102.002. ANNUAL BUDGET REQUIRED.

The budget officer shall prepare each year a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year.

Sec. 102.003. ITEMIZED BUDGET; CONTENTS.

(a) The budget officer shall itemize the budget to allow as clear a comparison as practicable between expenditures included in the proposed budget and actual expenditures for the same or similar purposes made for the preceding year. The budget must show as definitely as possible each of the projects for which expenditures are set up in the budget and the estimated amount of money carried in the budget for each project.

(b) The budget must contain a complete financial statement of the municipality that shows:

(1) the outstanding obligations of the municipality;

(2) the cash on hand to the credit of each fund;

(3) the funds received from all sources during the preceding year;

(4) the funds available from all sources during the ensuing year;

(5) the estimated revenue available to cover the proposed budget; and

(6) the estimated tax rate required to cover the proposed budget.

(c) Legislative Duties

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

(2) To enforce the rules of procedure, order and decorum adopted by the Council.

(3) To announce the results of any vote taken by the Council.

(4) To sign, when necessary, all documents reflecting actions taken by the Council.

SECTION 3

Repeal of conflicting Ordinances, Policies and Procedures,

This Ordinance shall be and is hereby declared to be cumulative of all other related ordinances, policies, sections, subsections, articles, paragraphs, sentences, clauses, phrases or words and procedures pertaining to the duties or responsibilities of the Mayor of the City of Hawk Cove. This ordinance shall not operate to repeal or affect any such other Ordinances, Policies and Procedures, except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinances, policies and procedures are hereby repealed.

SECTION 4

Severability Clause.

If any provision, section, subsection, article, paragraph, sentence, clause, phrase or word of this ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid (for any reason unenforceable), the validity of the remaining portions of this ordinance or the application to such other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Hawk Cove Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any other portion or provision.

SECTION 5

Providing an Effective Date

The Ordinance shall become effective immediately upon its passage.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 10th DAY OF NOVEMBER 2020.