Hawk Cove:Ord 04-102

Codification Notes:

Ord. No.	Adopted	Codified	Status
100-12	Mar 3, 2004	NONE	REPEALED by Ord. 2015-004, Apr 13, 2015

ORDINANCE NO. 04-102

AN ORDINANCE OF THE CITY OF HAWK COVE, TEXAS, CLARIFYING THE MAYOR'S ADMINISTRATIVE RESPONSIBILITIES AND DUTIES; CREATING A CITY ADMINISTRATOR POSITION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Section 22.042 of the Texas Local Government Code provides that the Mayor is the Chief Executive Officer of a Type-A Municipality, like the City of Hawk Cove, and that the Mayor shall perform the duties and exercise the powers prescribed by the City Council of a Type-А Municipality;

WHEREAS, Section 22.071 of the Texas Local Government Code authorizes the City Council to confer the powers and duties of a municipal officer, including the Mayor;

WHEREAS, the Mayor of the City of Hawk Cove is not a paid or full-time employee of the City and should not, in the City Council's opinion be solely burdened with the day-to-day administrative duties and responsibilities assigned to him by state law; and

WHEREAS, the City Council desires to relieve the Mayor of the administrative burdens imposed on him by state law, and to appoint a City Administrator who shall have supervisory and administrative responsibilities for City employees, shall serve at the will of the City Council and shall report directly to the City Council.

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

SECTION 1

That all of the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety.

SECTION 2

The City Council shall appoint a City Administrator to perform the duties and responsibilities of the Mayor. Upon the appointment of the City Administrator, the Mayor shall no longer be burdened with any administrative duties and responsibilities. The Mayor shall not initiate, oversee, manage, or regulate the day-to-day operations of the City. The Mayor shall retain, however, all of the Mayor's legislative duties given to him under state law and by the people of the City who elected the Mayor. All City employees shall be supervised by the City Administrator. The City Administrator shall have final authority concerning the hiring and employment of any employee, subject to the advice and consent of the City Council. The City Admínistrator shall have such other duties as assigned from time to time by the City Council. All responsibilities not specifically delegated to the City Administrator shall be retained by the City Council. The City Council shall act solely through a majority vote of its members unless a higher percentage vote is required by law.

SECTION 3

If any section, article, paragraph, sentence, clause, phrase of word in this ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

SECTION 4

The fact the present ordinances and regulations of the City of Hawk Cove, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Hawk Cove, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public that requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 3rd DAY OF MARCH 2004.