§ 3.05. Vacancies, Forfeiture and Filling of Vacancies  


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  • (1) The office of a Council Member or the Mayor shall become vacant upon his/her death, resignation, forfeiture of, or removal from office by any manner authorized by law.

    (2) If any member of the City Council is absent from three (3) consecutive regular meetings, without explanation acceptable to a majority of the remaining Council Members, his/her office shall be declared vacant at the next regular meeting of the City Council by resolution.

    (3) Any person on the City Council who ceases to possess the required qualifications for office or who is convicted of a felony or of a misdemeanor involving moral turpitude or is convicted of violating any state laws regulating conflicts of interest of municipal officers shall forfeit his/her office. Every forfeiture shall be declared and enforced by the City Council.

    (4) If there is a vacancy in the office of Mayor, the Mayor Pro Tem shall become Mayor for the remainder of the term.

    (5) A vacancy in the City Council, other than that of the Mayor, shall be filled within thirty (30) days of the occurrence of the vacancy by an eighty (80%) percent vote of the remaining Council Members by selection of a person qualified for the position, as described in this Charter. This appointee shall serve until the next general or special election, as determined by the City Council at the time of the appointment. If the vacated position is that of Mayor Pro Tem, the City Council shall elect a new Mayor Pro Tem at the next regular meeting.

    (6) The City Council shall not have more than two (2) appointed Council Members at any one time. Thereafter, in the event of additional vacancies, the City Council shall order a special election, in compliance with the Texas Election Code and other state laws and regulations, within sixty (60) days of the last vacancy to elect the successor or successors to the additional office or offices vacated. Vacancies filled by special election shall be for the remainder of the term. In the event that a vacancy occurs within ninety (90) days prior to the next general election, no special election shall be called, leaving the seat vacant.

    (7) Notwithstanding the requirement that a quorum of the City Council consists of four (4) members, if, at any time, the membership of the City Council is reduced to less than four (4) members, the remaining members may, by majority action, appoint additional members to raise the membership to four (4). These appointees shall serve until the positions can be filled at the next general or special City election. All vacancies filled by election shall be for the remainder of the unexpired term(s) of the office so filled.