No
member of the City Council, neither the Mayor nor
any alderman, shall order, direct, or request the
performance or nonperformance of any act by any City
employee, provided, however, that if any member of
the City Council is designated by the City Council
to perform the duties of City Manager in the event
of the vacancy, absence or disability of the City
Manager, then this section shall not apply to the
City Manager designee during the term of such
vacancy, absence or disability. Any such requests
as well as performance review, administrative
supervision and correction or reprimand shall be
handled by and through the appropriate
administrative supervisor which, in the case of the
police department, shall be the Chief of Police and
in all other cases shall be the City Manager.
(Ord. No. 358, § 1(2-12),
5-12-86; Ord. No. 450, §1, 1/17/97, sec. amended.)
Cross reference(s)--City
Manager, § 2-246 et seq.; police department, § 2-321
et seq.
Secs.
2-25--2-40. Reserved.
DIVISION 2.
ALDERMEN
Sec. 2-41. Place system election of aldermen.
The
City hereby adopts the provisions of V.T.C.A., Local
Government Code § 21.001 directing that aldermen
shall be elected by the place system. Such places
shall be numbered One, Two, Three, Four and Five.
(Code 1977, § 2-2)
Secs.
2-42--2-60. Reserved.
DIVISION 3. MAYOR*
*Cross reference(s)--
All offices, department heads and employees of the
city, except members of the governing body, the
municipal court judge, members of the police
department other than Chief of Police, shall be
filled by appointment by the City Manager, with the
advice and consent of the City Council and subject
to confirmation by the City Council, § 2-226; the
Chief of Police shall be appointed or discharged
upon the recommendation of the Mayor with the
approval of the City Council, § 2-323 et seq.; the
Mayor is the emergency management director for the
city, § 5-1.
State law reference(s)--Mayor
as presiding officer, V.T.C.A., Local Government
Code § 22.037; powers and duties of Mayor, V.T.C.A.,
Local Government Code § 22.042.
Sec. 2-61. Powers and duties.
Subject to the express grant of powers and duties to
the City Manager as chief administrator of the
city's business as set forth in V.T.C.A., Local
Government Code § 25.029 and section 2-246 et seq.,
the Mayor, or in the event of his failure, inability
or refusal to act, the Mayor pro tempore, shall have
and exercise the powers and duties set forth in this
division, strictly construed. Any question or
ambiguity shall be resolved in favor of delegation
to the City Manager or retention by the City
Council, as may be in accordance with state law and
the provisions of this Code, ordinances, resolutions
and policies of the city.
(Ord. No. 358, § 1(2-40),
5-12-86)
Sec. 2-62. Statutory authority.
The
Mayor shall have any power or duty expressly
conferred upon him by statute to the extent it is
not delegable to the City Manager or retainable by
the City Council, specifically including the
following:
(1) To serve as presiding officer of
the City Council during all City Council meetings,
but having no vote except in the event of a tie
vote, in which case he shall have the tie breaking
vote.
(2) To sign all bonds, certificates of
obligation, and other evidences of debt as may be
authorized from time to time by the City Council,
unless otherwise provided by statute or ordinance,
and to sign all ordinances, resolutions,
proclamations, and official minutes of the City
Council meetings.
(3) To administer oaths of offices.
(4) To call all municipal elections
giving notice and appointing election judges and
clerks.
(5) To summon into service by
proclamation or special order a special police force
in accordance with V.T.C.A., Local Government Code §
341.011.
(Ord. No. 358, § 1(2-41),
5-12-86)
State law reference(s)--Powers
and duties of Mayor, V.T.C.A., Local Government Code
§ 22.042.
Sec. 2-63. Other powers and duties.
The
Mayor shall, in addition to section 2-62, have the
following powers and duties:
(1) Act as emergency management
director of the City, performing all the duties
prescribed by the emergency management plan of the
City as adopted by the City Council and as amended,
from time to time.
(2) Act as the chief representative
and ambassador of the City Council at public
functions.
(3) To make appointments to fill
vacancies on boards, committees and commissions not
otherwise provided for under this Code or other law
or ordinance of the City.
(4) Perform such other duties as may
be approved by the City Council or as may be
expressly prescribed by this Code or other ordinance
of the City from time to time.
(Ord. No. 358, § 1(2-42),
5-12-86)
Cross reference(s)--Emergency
management, ch. 5.
Secs.
2-64--2-80. Reserved.
TABLE OF CONTENTS
TOP OF PAGE
ARTICLE III.
BOARDS, COMMITTEES, COMMISSIONS*
*Cross reference(s)--Building
board of adjustment and appeal, §4-46, et seq.
DIVISION
1. GENERALLY
Secs.
2-81--2-160. Reserved
DIVISION 2. PARKS
COMMISSION.
*State law reference(s)--Parks,
V.T.C.A., Local Government Code § 315.001 et seq.
Sec. 2-161. Established; membership.
There is hereby established a parks commission for
the city. This commission shall consist of twelve
(12) persons serving without pay who shall be
appointed by the Mayor, with the consent of the
council. Included in the twelve (12) persons shall
be the invited representatives of six (6) clubs or
organizations existing within the City including the
Rotary Club, West Columbia Chamber of Commerce,
Lions Club, the American Association of Retired
Persons (AARP), Study Club, and Garden Club. The
terms of office shall be for six (6) years or until
their successors are appointed and qualified.
Vacancies in such commission occurring otherwise
than by expiration of term shall be filled by the
Mayor, with the consent of the council, for the
unexpired term.
(Ord. No. 307, § 1(9-1), 1-11-82)
Sec.
2-162. General duty; organization.
The
parks commission shall recommend to the council all
policies, rules and regulations relating to the
administration of a public park and recreation
program. Immediately after the commission's
appointment, it shall meet and organize by election
and by installing officers as may be necessary. The
commission shall have the power to adopt rules and
regulations for the proper conduct of its business.
(Ord. No. 307, § 1(9-2),
1-11-82)
Sec.
2-163. Gifts, bequests, donations.
The
parks commission may also solicit or receive for the
City any gifts or bequests of money or other
personal property, or any donations to be applied,
principal or income, for either temporary or
permanent use for playgrounds or other recreational
purposes.
(Ord. No. 307, § 1(9-3),
1-11-82)
Sec.
2-164. Budget.
The
parks commission shall submit annually a budget to
the City Council for their approval.
(Ord. No. 307, § 1(9-4),
1-11-82)
Sec.
2-165. Reports.
The
parks commission shall make to the City full and
complete annual and other required reports and shall
also make reports requested by other agencies.
(Ord. No. 307, § 1(9-5),
1-11-82)
Sec. 2-166.
Cooperation with other entities.
The
parks commission is authorized to work jointly with
other municipal departments and/or political
subdivisions to provide and establish, operate,
conduct and maintain a supervised recreation system
and to acquire, operate, improve and maintain
property, both real and personal, for parks,
playgrounds, recreation centers and other recreation
facilities and activities.
(Ord. No. 307, § 1(9-6),
1-11-82)
Sec.
2-167. Handling of receipts;
Treasurer.
The
parks commission shall be authorized to establish
and maintain a checking account and a savings
account, one (1) or both, the proceeds of which
shall be dispensed as the parks commission
determines. The City Treasurer shall be the
treasurer of the commission, and shall maintain,
receive and disburse the commission's funds as the
commission determines and in accordance with the
city's administrative policy.
Secs.
2-168-180. Reserved.
DIVISION 3. PLANNING
COMMISSION*
*Cross reference(s)--Subdivisions,
ch. 17.
Sec. 2-181.
Created and established; membership.
There is created and established for the city a
planning commission, known as the "West Columbia
Planning Commission," which shall be composed of
nine (9) members, seven (7) of whom shall be
resident citizens, taxpayers, and qualified voters
of the city. Two (2) members shall be residents of
the area under the extraterritorial jurisdiction of
the city as defined by V.T.C.A., Local Government
Code § 42.001 et seq., and shall be taxpayers and
qualified voters in that area. All members shall be
appointed by the Mayor subject to confirmation by
the city council, to serve for terms of three (3)
years.
(Code 1977, § 15-1)
Sec. 2-182.
Organization.
The
planning commission shall elect a chairman and
vice-chairman from its membership. The city council
may furnish such qualified persons or technical
assistance as may be deemed necessary for the proper
conduct and undertaking of the planning commission.
The planning commission shall have the power to make
rules, regulations and bylaws for its own
government, which shall conform as nearly as
possible with those governing the city council which
shall be subject to approval by such city council.
Such bylaws shall include, among other items,
provisions for regular and special meetings, open to
the public; record of its proceedings, to be open
for inspection by the public; reporting to the city
council and the public, from time to time and
annually; and for the holding of public hearings.
(Code 1977, § 15-2)
Sec.
2-183. Powers and duties.
The
planning commission shall have the power, and it
shall be its duty, to make and recommend for
adoption a comprehensive city plan, as a whole or in
parts, for the future development and redevelopment
of the municipality and its environs. The commission
shall have, but not be limited thereto, the
following duties and powers:
(1) Make studies and project plans for
the improvements of the city with a view of its
development and extensions, and to recommend to the
city council all action necessary for the
development and advancement of the city facilities,
and to perform the duties imposed upon the planning
commission by the statutes of the state.
(2) Make plans and maps of the whole or
any portion of the city and of land outside the city
located within the planning area of such city, as
determined by the planning commission, and any other
land outside the city which in the opinion of the
city planning commission bears a relation to the
planning of the city, and to make such changes in
additions and extensions of plans or maps within the
city as it deems advisable.
(3) Aid and assist the city council in
the preparation of the annual city capital
improvement budget and determination of sources of
funds and in procuring of financial and other aids
and assistance for the city from the state and
federal governments and their agencies for each and
all of the purposes herein enumerated.
(4) Act with and assist all other
municipal and governmental agencies and especially
the city council in formulating and executing proper
plans for municipal development.
(5) Plan and
recommend the location, size, character and extent
of city alleyways; parks; playgrounds; airports;
automobile parking places; public buildings;
schools; other public grounds, improvements and
properties; and public utilities, including public
and privately owned bus terminals, railroads,
depots, terminals, water systems, lights, sanitation
system, sewage disposal, drainage, flood control,
transportation, communication, and shipping
facilities; and for the removal, relocation,
widening, extension, narrowing, vacation,
abandonment or change of use of any of the foregoing
public places, work buildings, facilities or
utilities.
(6) Select and recommend to the city
council routes of streets, avenues and boulevards
and particularly to investigate and recommend the
opening, widening or abandonment of streets,
avenues, boulevards, alleyways and parks or the
changing thereof to conform to the comprehensive
plan.
(7) Investigate, consider and report to
the city council on the layout and plan of any new
subdivision to the city, or replatting thereof, or
subdivision of property situated within the city's
extraterritorial jurisdiction and to approve all
plans, plats or replats of additions within such
jurisdiction.
(8) Recommend to the city council for
adoption rules and regulations governing plats and
subdivision of land within the corporate limits of
the city and within the area of extraterritorial
jurisdiction to promote health, safety, moral and
general welfare of the community, and the safe and
orderly and healthful development of the area.
(9)
Recommend plans to the city council for
improving, developing, expanding and
beautifying the parks, lakes and public buildings in
or adjacent to the city and cooperate with the city
council and other agencies of the city in devising,
establishing, locating, improving, selecting,
expanding and maintaining the public parks,
playgrounds and lakes for public recreation.
(10) Aid and assist the city council by
recommending plans for the development of a civic
center and to make investigations, consider and make
recommendations to the city council concerning
traffic regulations, routing and controlling, and
highway designations.
(11) Make recommendations for building
codes.
(Code 1977, § 15-3)
Cross reference(s)--Buildings
and building regulations, ch. 4; streets and
sidewalks, ch. 16; subdivisions, ch. 17.
ARTICLE
IV. OFFICERS AND EMPLOYEES*
----------
*Cross reference(s)--Municipal
judge, § 2-352; building official, § 4-66 et seq.;
emergency management director, § 5-1; fire marshal,
§ 7-26 et seq.; retirement and pensions, ch. 14;
director of public works, § 19-31.
State law reference(s)--Municipal
officers, V.T.C.A., Local Government Code § 22.071
et seq.; officers and employees, V.T.C.A., Local
Government Code § 141.001 et seq.
DIVISION
1. GENERALLY
Sec. 2-201.
Filling appointive offices.
(a) Except for members of the
governing body, the municipal court judge, and
members of the police department other than the
Chief of Police, all offices, department heads and
employees of the city shall be filled by appointment
by the City Manager, with the advice and consent of
the City Council.
(b) Nothing in this section shall be
construed to prevent the City Council from
exercising its powers to confer upon any officer
additional duties or combine duties of offices as
otherwise provided by law.
(c) All officers, nonelected officials
or appointees of the City are subject to removal by
the same person and or body having authority to
appoint them.
(d) Any vacancies occurring in an
appointive office shall be filled in the same
manner.
(Code 1977, § 14-1; Ord. No.
329, § 1, 6-27-86; Ord. No. 406, § 1(b), 9-9-91)
Cross reference(s)--City
Council, § 2-26 et seq.; Mayor, § 2-71 et seq.;
police department, § 2-321 et seq.
Sec. 2-202.
Appointment of specific officers.
The
City Manager, with the advice and consent of the
City Council, shall appoint the following:
(1) All department heads, including the
Chief of Police;
(2) City Secretary/Treasurer and the
assistant City Secretary/Treasurer;
(3)
Fire marshal;
(4)
Director of public works (in the absence
of an appointment the City Manager shall serve in
this capacity);
(5)
All employees of the City with exception
of members of the police department;
(6) City engineer; and
(7) City attorney.
Cross reference(s)--City
Secretary/Treasurer, § 2-276 et seq.; animals, ch.
3; fire marshal, § 7-26 et seq.; utilities, ch. 19.
Sec. 2-203.
Bond.
The
bond for each City employee handling money for the
City, including the tax assessor-collector, shall be
a minimum of twenty-five thousand dollars
($25,000.00).
(Code 1977, § 2-26)
State law reference(s)--Bond,
V.T.C.A., Local Government Code § 22.072.
Secs.
2-204--2-230. Reserved.
DIVISION 2.
CITY MANAGER*
----------
*Editor's note--The
referendum adopting the City Manager provisions was
on May 9, 1943.
Cross reference(s)--City
Manager designated as the purchasing agent, § 6-141;
City Manager to designate curb loading zones, §
18-154.
State law reference(s)--City
Manager, V.T.C.A., Local Government Code § 25.021 et
seq.
----------
Sec.
2-231. Appointment; function.
The
City Council shall appoint a City Manager, who shall
be the administrative head of the municipal
government under the direction and supervision of
the City Council.
(Code 1977, § 2-20)
Sec. 2-232.
Residence.
The
City Manager need not be a resident of the city when
appointed, but during the term of his office shall
reside in the city.
(Code 1977, § 2-21)
State law reference(s)--Qualifications,
V.T.C.A., Local Government Code § 25.027.
Sec. 2-233.
Term of office.
The
City Manager shall be appointed for an indefinite
period and shall be subject to discharge at the will
of the City Council.
(Code 1977, § 2-22)
State law reference(s)--Similar
provision, V.T.C.A., Local Government Code § 25.028.
Sec. 2-234.
Absence or disability.
During any vacancy in the office or during the
absence or disability of the City Manager, the City
Council shall designate some properly qualified
person to perform the duties of such office.
(Code 1977, § 2-23; Ord. No.
450, §2, 1/17/97, language added)
Sec. 2-235.
Powers and duties.
The
powers and duties of the City Manager shall be as
follows:
(1) To devote all of his working time
and attention to the affairs of the City, and be
responsible to the City Council for the efficient
administration of its affairs. The West Columbia
Volunteer West Columbia Volunteer Fire Department is
an independent nonprofit organizations, and the City
Manager shall represent the City in dealing with the
fire department, to the extent of its use of City
property and its interaction with and fiscal support
from the City.
(2) To see that all laws and
ordinances are enforced.
