§ 3.09. VACANCIES, FORFEITURE, FILLING OF VACANCIES:

(a)

Vacancies:

The office of a Councilman or office of the Mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office.

(b)

Forfeiture of Office:

A Councilman or the Mayor shall forfeit his office for certain offenses if so voted by a majority of the entire Council not affected by the forfeiture if he:

(1)

Lacks at any time during his term of office any qualification for the office prescribed by this Charter or by law.

(2)

Violates any expressed prohibition of this Charter, as determined by Council or the courts.

(3)

Is convicted of a crime involving moral turpitude, a felony, or a conflict of interest, or

(4)

Fails to attend three (3) consecutive regular Council meetings without being excused by the Council.

(c)

Filling of Vacancies:

A single vacancy in the Council shall be filled within sixty (60) days of the occurrence of the vacancy by a majority vote of the remaining members of the Council by selection of a person qualified for the position as described in this Charter. This appointee shall serve until the position can be filled at the next regular City election. When more than one vacancy shall develop at any one time, a special election shall be called by the Council within sixty (60) days following the occurrence of the vacancies to fill the vacancies in the same manner as described herein for regular elections. However, if such vacancies occur within one hundred twenty (120) days of the regular election, then no special election shall be called and the remaining Council members shall appoint qualified persons to fill vacancies until the regular election. Not withstanding the requirements in section 3.13 that a quorum of the Council consist of three members, if at any time the membership of the Council is reduced to less than four, the remaining members may by majority action appoint additional members to raise the membership to four. These appointees shall serve until the positions can be filled at the next regular or special City election. All vacancies filled by election shall be for the remainder of the unexpired term of the office so filled.

(Charter amendment, May 9, 2009)

Note— Section 3.09 (c) is superseded by Section 11 of Article 11 of the Texas Constitution which requires a vacancy for a term exceeding 2 years but not exceeding 4 years to be filled by a special election with 120 days of the vacancy.