Inside city hall, Feb. 11, 2009

Texas Civics 101.5
Since elections are coming up for city council and mayor a refresher on city government might be a good idea. After all, anyone running for office should have some idea of what a city government is and how it operates.
There are two categories of cities in Texas: home rule and general law.
Home rule cities are larger cities. Any city over 5,000 population in which the citizens have adopted a home rule charter is a home rule city. A charter is a document that establishes the city’s governmental structure. Home rule cities do not look to state law to determine what they can do, as general law cities must, home rule cities look to the state constitution and statues to determine what they may not do. If the constitution doesn’t say they can’t do it, then they probably can do it.
General law cities are smaller, most of which are less than 5,000 population. For general law cities specific statues spell out their powers. If state law doesn’t say they can do it, then they cannot do it. Period.
Unlike home rule cities, general law cities do not have charters. The creation of a general law city is documented in its incorporation papers, filed at the county courthouse, which describe when the city was established and its original boundaries.
Munday is a general law city and was established March 24, 1906, with approximately two square miles within its boundaries.
There are three categories of general law cities: Type A, Type B, and Type C.
Munday is a Type A general law municipality. Type A general law cities operate under one of two plans of government: aldermanic or commission. A municipality with the aldermanic form of government operates in accordance with statutes applicable to Type A general law cities.
The governing body of a Type A city is known as the “city council”. If the city has not been divided into wards, the governing body always consists of a mayor and five council members. Munday operates under the aldermanic plan and has a city council and weak mayor. A Home Rule city would have a “strong” mayor: one who has administrative authority over the city.
Any general law city can adopt the city manager plan of government. Upon presentation of a petition signed by at least 20 percent of the number of voters voting for mayor in the preceding city election, the mayor must call an election on the question of adopting the city manager plan.
If a majority of the votes cast favor adoption of the city manager plan, the council must, within 60 days after the election, appoint a city manager and fix his or her salary by ordinance. The administration of the city is to be placed in the hands of the city manager, who serves at the pleasure of the city council.
In any city where the city manager plan has been approved, all officers of the city, except members of the city council, shall be appointed as provided by a city ordinance.
Under the city manager plan, the council serves as the legislative body. The council sets policy, approves the budget and sets the tax rate, and it determines the size of the payroll and the extent and cost of municipal services. The council is the final authority on all of the many policy decisions that determine the scope and functions of the city government.
The mayor and council members have no administrative duties under the city manager plan. These are vested in the city manager, who is responsible for directing the work force and programs of the city in accordance with ordinances, rules, and regulations adopted by the council.
The typical city manager in Texas is appointed for an indefinite term and is subject to dismissal by the council at any time. He or she is designated as the chief executive and administrative officer of the city and is accountable to the council for the proper conduct of all municipal operations. The manager has the unilateral authority to hire, discipline, and fire the department heads under the manager’s control.
Next week we will have information on the office of mayor.