Sec. 4. - Creation, composition and powers.

There is hereby created as the governing body of the City a Council which shall consist of eleven (11) members, each of whom shall be elected to and occupy a place, such places being numbered consecutively beginning with Place 1 and ending with Place 11.

Each member of the Council shall be a citizen of Texas, a qualified elector and registered to vote in the City, shall have resided in the City at least one year prior to filing his application for election and must reside in the City during his term of office.

The Councilmembers shall be elected from districts or wards which shall be drawn by ordinance and shall be as nearly equal in population as practicable.

The boundaries of the districts or wards shall be reexamined and redetermined by ordinance, where appropriate following each succeeding Federal decennial census, or at other times where substantial variances in the number and makeup of the population of districts or wards have occurred, taking into consideration annexations, disannexations, shifts in population, compactness, ethnic composition and other criteria established by law. On any annexations, the City Council shall designate the annexed area to be a part of the wards or districts to which it is contiguous.

Members of the Council for Place 1 through Place 10 shall be elected from such districts or wards which shall be numbered accordingly and each such member shall be elected by a majority vote of the qualified electors voting in said election in the particular district or ward. Each member from a district or ward shall reside within its boundaries at least six (6) months prior to filing his application for election and continuing during his or her term of office, and failure to do so shall render such office vacant. Candidates for and the person elected as member of the council in the remaining place, Place 11, may reside anywhere in the City and shall be elected by a majority of all qualified electors voting in said City election, with said Council Member to serve as Mayor as provided in Section 9 of this Charter.

No member of the Council may hold any other public office or employment for which compensation is paid by the City or Bexar County, Texas. Subject to the provisions of this Charter, the Council shall have and exercise all powers now or hereafter conferred on the City; shall succeed to all powers heretofore vested in any former governing body of the City; shall have the general care, management and control of the City, its property and finances, and shall enact, alter, modify or repeal all ordinances and resolutions not repugnant to this Charter and the Constitution and laws of Texas.

(Ord. No. 47586, § 1 (Prop. 1), 1-17-77; Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 5. - Terms of office.

The terms of office of all members of the council elected at a regular municipal election shall be for two (2) years beginning on the first day of June next following their election.

If a member of the council shall file to become a candidate for nomination or election to any public office, other than that of member of the council, he or she shall vacate immediately his or her place on the council and the vacancy thereby created shall be filled in the same manner as any other vacancies.

(Ord. No. 44594, § 1 (Prop. 7), 11-14-74; Ord. No. 85965, § 1 (Prop. 1), 5-5-97)

Sec. 6. - Compensation.

Each member of the council shall receive as compensation for his services as such member the sum of twenty dollars ($20.00) for each meeting of the council attended, provided that the total of such compensation shall not exceed one thousand forty dollars ($1,040.00) per annum.

Sec. 7. - Forfeiture of office.

Any member of the council who ceases to possess the required qualifications for office; or who is convicted, while in office, of a felony or misdemeanor involving moral turpitude shall forfeit his office, which forfeiture shall be declared and enforced by a majority vote of the council.

Sec. 8. - Vacancies.

Vacancies in the council other than in the last place (mayor) arising from any cause shall be filled by a majority vote of the remaining members for the unexpired term only and provided the successor shall possess all qualifications required for the office. In the event of a vacancy in the office of the mayor, the remaining council members shall elect from among themselves, by majority vote, a person to serve as mayor for the unexpired term and the person elected shall take over the last place on the council.

(Ord. No. 44594, § (Prop. 2), 11-14-74)

Editor's note—

Prop. Two provided that §§ 8 and 9 would be effective after the general city election on the first Tuesday of April, 1975.

State law reference— Filling vacancies, V.A.T.S. Election Code, arts. 4.09, 4.10.

Sec. 9. - Mayor and mayor pro tem.

Par. 1. The person elected to the last place on the council shall serve as and be the mayor during his term of office.

The mayor shall be the presiding officer of the council and shall receive, in addition to compensation as a member of the council, the sum of three thousand dollars per annum.

Par. 2. The mayor pro tem shall act as mayor during the absence or disability of the mayor. Should a vacancy occur in the office of the mayor, the mayor pro tem shall act as mayor until the mayor's position has been filled as provided in Section 8 above. While serving as mayor, the mayor pro tem shall receive the same compensation as the mayor.

Par. 3. The mayor, the mayor pro tem and any member of council may be paid such expenses in connection with their official duties as may be provided by the council.

(Ord. No. 44594, § 1 (Prop. 2), 11-14-74)

Note—See editor's note to § 8

Sec. 10. - City clerk.

The council shall choose a city clerk, who shall keep the records of the council and of the city, and who shall perform such other duties as may be required by this charter or the council. All civil process to the city shall be served upon the city clerk. Other officers and employees in the office of the clerk shall be in the classified civil service of the city, and, shall be appointed and may be removed by the city manager.

Sec. 11. - Meetings of the council.

All meetings of the council shall be held at such times as may be prescribed by ordinance or resolution; but not less than one regular meeting shall be held each week, unless postponed for reasons to be spread on the minutes which shall be kept of all Council meetings. Special meetings of the Council shall be called by the City Clerk upon the written request of the Mayor, the City Manager or three members of the Council. All meetings of the Council and of any committees thereof shall be in compliance with the Texas Open Meetings Act as it may be amended from time to time.

(Ord. No. 85965, § 1 (Prop. 3), 5-5-97)

State law reference— Open meetings law, Vernon's Ann. Civ. St. art. 6252-17.

Sec. 12. - Council rules.

The council shall determine its rules and order of business and keep minutes of its proceedings. It shall have power to compel the attendance of absent members, and, by a vote of not less than seven members, may expel a member from a council meeting for disorderly conduct or the violation of its rules.

Sec. 13. - Quorum.

A majority of the members of the council shall constitute a quorum to do business, but a lesser number may adjourn from time to time and compel the attendance of absent members in the manner prescribed by ordinance. A vote regarding adjournment or the attendance of absent members may be adopted by a majority of the members present; but in all other matters upon which the council may vote, a majority vote of all members of the council in office shall be necessary for adoption. In the event of the existence of six (6) or more vacancies, the remaining members shall constitute a quorum and may conduct all necessary business until such vacancies are filled. In all matters upon which the council votes, the individual votes shall be recorded by the clerk in the minutes of the council, and shall be a public record.

(Ord. No. 47586, § 1 (Prop. 1), 1-17-77)

Sec. 14. - Ordinances and resolutions—Introduction and passage.

Ordinances and resolutions shall be introduced in the council only in written or printed form. The enacting clause of all ordinances shall be "Be it ordained by the City Council of the City of San Antonio."

Sec. 15. - Same—When to take effect; emergency measures.

Except as otherwise provided in this Charter or by ordinance or law, all ordinances and resolutions passed by the council shall take effect at the time indicated therein, but not less than ten (10) days from the date of their final passage. The affirmative vote of at least eight (8) members of the council shall be required to pass any ordinance or resolution as an emergency measure. An emergency measure is an ordinance or resolution to provide for the preservation of the public peace, property, health or safety, in which the emergency is set forth, and may be made effective immediately upon enactment. No measure making or amending a grant, renewal or extension of a franchise or other special privilege shall ever be passed as an emergency measure.

(Ord. No. 47586, § 1 (Prop. 1), 1-17-77)

Sec. 16. - Same—Recording of ordinances, resolutions and minutes.

Each ordinance or resolution and the minutes of the council shall be recorded as soon as practicable by the city clerk in well bound books, which shall be public records. Ordinances shall be authenticated by the signature of the mayor and the city clerk and shall be systematically recorded in an ordinance book in a manner approved by the council. It shall only be necessary to record the caption or title of ordinances in the minute book of the council meetings.

Sec. 17. - Same—Publication of ordinances.

Every ordinance imposing any penalty, fine or forfeiture for a violation of its provisions shall, after passage thereof, be published for one time in a newspaper published in the city. Proof of such publication by the printer or publisher of such newspaper made by affidavit before any officer authorized to administer oaths and filed with the city clerk shall be conclusive evidence of the legal publication and promulgation of such ordinance in all courts and elsewhere. Such publication may consist of the full text of the ordinance, or a substantive condensed statement of the nature and purpose of the ordinance and the penalty for violation thereof. The penalty, fine or forfeiture shall apply five days after publication.

The council may adopt any code or codification of ordinances or parts thereof, and may amend and correct such ordinances therein for the purpose of general distribution, and when so adopted and contained in printed, multigraphed or mimeographed form, publication of such code thereof need not be made other than by publication of the ordinance or resolution adopting the same, provided that three copies of such code or codification are filed for permanent record and inspection in the office of the city clerk prior to the adoption thereof.

Any administrative rules or regulations of any department of the city or of the state affecting the city, or any statute of Texas or any published code, specifications or requirements prepared by an official or unofficial organization for general circulation and use, may be made effective in the city by reference thereto in an ordinance, provided three (3) copies thereof are filed for permanent reference and inspection in the office of the city clerk prior to the adoption thereof.

State law reference— Publication of ordinances, Vernon's Ann. Civ. St. art. 1176b-1 et seq.; codification of ordinances, Vernon's Ann. Civ. St. art. 1176a.

Sec. 18. - Same—Enactment of resolutions.

The council, or a majority thereof, may act by resolution in all cases except where an ordinance is by this Charter required; provided, that no contract on the part of the city shall be made or authorized, nor any money appropriated from the funds of the city nor any franchise or privilege for the use of any of the public streets or other public places of the city be granted or renewed, nor any lands of the city be conveyed, or leased, nor authority for such conveyance or lease given otherwise than by ordinance.