§ 3.05. Vacancies, forfeiture and filling of vacancies.

(1)

Vacancies. 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)

Forfeiture. A Council Member or the Mayor shall forfeit his/her office if he/she:

(A)

Fails to attend three (3) consecutive regular meetings without obtaining an approved absence according to a policy established by the City Council within thirty (30) days of this Charter amendment being adopted.

(B)

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.

(C)

Violates any express prohibition within this Charter.

(3)

Filling of Vacancies.

(A)

If there is a vacancy in the office of Mayor, a new Mayor shall be elected by special election to be held on the first available uniform election date in accordance with the Texas Constitution and the Texas Election Code.

(B)

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 a three quarters (¾) majority 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.

(C)

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 to be held on the first available uniform election date, in compliance with the Texas Elections Code, 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.

(D)

Notwithstanding the requirement that a quorum of the City Council consists of a majority of the members, if, at any time, the membership of the City Council is reduced to less than a majority, 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.

(4)

If the Mayor or a Council Member forfeits his/her office, and does not immediately resign, the City Council Members and the Mayor may conduct a hearing pursuant to Section 14.10 of this Charter, to determine if the office holder has forfeited and should vacate his/her office. The hearing shall be held within thirty (30) days of the City Council, as a body, learning of the alleged forfeiture.

(Ord. No. 1080, Meas. 4—9, 12-10-2013/Election 11-5-2013)