Hawk Cove:Ord 06-100

ORDINANCE NO. 06-100

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HAWK COVE, TEXAS, ESTABLISHING A SALARY FOR THE MAYOR OF THE CITY OF HAWK COVE, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, section 141.001 of the Texas Local Government Code provides that 'on or before January 1 preceding a regular municipal election, the governing body of a Type A general-law municipality shall set: (1) the salary and any fees of office of the mayor to be elected at that election, if the office of mayor is to be filled at the election" and

WHEREAS, the City of Hawk Cove, Texas is a Type A general-law municipality, and

WHEREAS, the current Mayor's term does not expire until the uniform election in May 2007, accordingly any compensation paid to the Mayor would not be effective until after the May 2007 general election; and

WHEREAS, the City Council of the City of Hawk Cove, Texas desires to repeal the action taken on January 12, 2006, calling an election for May 13, 2006 to consider a ballot proposition on whether the Mayor should be compensated, given section 141.001 of the Texas Local Government Code does not require an election on the Mayor's compensation; and

WHEREAS, the City Council of the City of Hawk Cove, Texas, has determined that the following regulation is in the best interest of the City.

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

Section 1. FINDINGS INCORPORATED

The findings set forth are incorporated into the body of this Ordinance as if fully set forth herein.

Section 2.

That the City Council action on January 13, 2006 ordering an election for May 13, 2006 on the ballot proposition of whether the Mayor of the City of Hawk Cove, Texas should be compensated is hereby repealed.

Section 3.

That the City Council hereby adopts the following ordinance:

Compensation for Mayor.

The Mayor of the City of Hawk Cove, Texas shall be compensated at the rate of $ per month, per the budget.

Section 4. SEVERABILITY CLAUSE

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this 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 phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation of this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

Section 5. REPEALER CLAUSE

Any provision of any prior Ordinance of the City whether codified or uncodified, which are in conflict with any provision of the Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect.

Section 6. EFFECTIVE DATE

This Ordinance shall become effective following the general election to be held in May 2007.

CONCLUSION

PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF JANUARY 2006.