The inhabitants of the City of Dumas, with the corporate limits as now established and shown on the map incorporated herein, and on file in the office of the City Secretary, or as hereafter established in the manner provided by this charter, shall continue to be a municipal body politic and corporate in perpetuity, under the name of the “City of Dumas”.
The municipal government provided by this charter shall be known as the “Commission-Manager form of government.” Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this charter, all powers of the city shall be vested in an elective city commission, hereinafter referred to as “the Commission,” which shall enact local legislation, adopt budgets, determine policies, and appoint the city manager, who shall execute the laws and administer the government of the city. All powers of the city shall be exercised in the manner prescribed by this charter or if the manner be not prescribed, then in such manner as may be prescribed by ordinance.
Note–Charter amendment No. 1, ratified May 6, 1969, changed the form of government from mayor and commission to commission-manager. This charter amendment was proposed by Ordinance 575, sec. 1, enacted March 3, 1969.
(Charter Amnd. No. 1, ratified 5/6/69)
The city shall have all the powers granted to municipal corporations and to cities by the constitution and laws of the State of Texas together with all the implied powers necessary to carry into execution all the powers granted. The city may acquire property within or without its corporate limits for any city purpose in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, and may sell, lease, mortgage, hold, manage, and control such property as its interest may require; and, except as prohibited by the constitution of this state or restricted by this charter, the city shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatever. The city may use a corporate seal; may sue and be sued, may contract and be contracted with; may implead and be impleaded in all courts and places and in all matters whatever; may co-operate with the government of the State of Texas or any agency thereof, the Federal Government or any agency thereof, or any political subdivision of the State of Texas, to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety and convenience of the city or its inhabitants; and may pass such ordinances as may be expedient for maintaining and promoting the peace, welfare and government of the city, and for the performance of the functions thereof. The enumeration of particular powers by this charter shall not be deemed to be exclusive, and in addition to the powers enumerated therein or implied thereby, or appropriate to the exercise of such powers, it is intended that the City of Dumas shall have, and may exercise, all powers of local self-government, and all powers enumerated in Chapter 13, Title 28, Article 1175 of the Revised Civil Statutes of the State of Texas, of 1925, and amendments thereto and hereafter enacted, or any other powers which, under the constitution and laws of the State of Texas, it would be competent for this charter specifically to enumerate.
Before the City shall be liable to damage claim or suit for injury of one’s person or property or death, the person who is injured or whose property is damaged or the person claiming damages from the death or someone on his or her behalf shall give the City Secretary notice in writing within one hundred eighty (180) days after the occurring of the alleged injury or damage, stating specifically in such notice when and how the injury or damage was sustained, and setting forth the extent of the injury or damage as accurately as possible. No action at law for damages shall be brought against the City for injury to one’s person or property prior to the expiration of ninety (90) days from the date of the notice hereinabove described has been provided to the City Secretary. Provided, however, that nothing herein contained shall be construed to mean that the City of Dumas waives any rights, privileges, defenses, or immunities in tort actions which are provided under the common law, the constitution and general laws of the State of Texas.
(Charter Prop. No. 1, ratified 6/7/2022)
The city shall have the full right, power and authority to exercise the power of eminent domain to carry out any of the powers conferred upon it by this charter, or by the constitution or laws of the State of Texas. In all cases where the city seeks to exercise the power of eminent domain, it shall be controlled by the general laws of the State of Texas on the subject of eminent domain.
The City of Dumas shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain, and improve streets, alleys, sidewalks, parks, squares, public places and bridges; and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places of all obstructions and all fruit stands, show cases and encroachments of every nature or character upon any of said streets and sidewalks. However, no street or alley shall be discontinued, abolished or closed except upon passage of an ordinance duly read three times and duly published as is hereinafter provided.
The city of Dumas shall have exclusive domain, control, and jurisdiction in, upon, and over and under the public streets, avenues, alleys and highways of the city, and may provide for the improvement thereof by paving, re-paving, raising, draining, or otherwise. The provisions of Chapter 106, Fortieth Legislature, First Called Session, Acts 1927, together with existing amendments and all such amendments as hereinafter may be made, are expressly adopted and made a part of this charter. Such exclusive dominion, control and jurisdiction in, upon, over and under the public streets, avenues, alleys and highways of the city shall also include, but not be limited to, the right to regulate, locate, relocate, remove or prohibit the location of, all utility pipes, lines, wires, or other property.
A.
Annexation by City Commission.
The City Commission shall have the power, by ordinance, to fix the boundary limits of the City of Dumas; and to provide for the alteration and the extension of said boundary limits, and the annexation of additional territory lying adjacent to the city. The City’s power of annexation shall be conducted in accordance with applicable state law. Residents of annexed territory shall be entitled to all rights and privileges of citizens who reside in the City, and shall be bound by acts, ordinances, resolutions and regulations of the City. The boundaries of the City shall be those established by ordinance of the City Commission enacted in accordance with the procedures provided for in federal, state or other law. The City Secretary shall keep a correct and complete description of the City boundaries, indicating all annexations, detachments, and disannexations.
B.
Disannexation.
The Commission may, by ordinance, disannex any territory within the corporate boundaries of the city, if the Commission determines that the territory is not necessary or suitable for city purposes.
C.
Vote.
Decisions on annexation or disannexation require favorable votes by not less than four (4) Members of the City Commission.
(Charter Prop. No. 2, ratified 6/7/2022)
[1]
Editor’s note–Former section 9 pertaining to extending [city] limits by action of the city commission and deriving from the charter adopted at the election held on March 4, 1955, was repealed and deleted in its entirety by Charter Prop. No. 2, ratified 6/7/2022.
The city shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system; to provide for fixing penalties for failure to make sanitary sewer connections; and shall further have the right to fix charges and compensation to be charged by the city for sewage service, providing rules and regulations for the collection thereof.
The city commission shall have the right by ordinance to adopt and prescribe rules and regulations for the handling and disposition of all garbage, trash and rubbish within the City of Dumas, and shall further have the right to fix charges and compensation to be charged by the city for removal of garbage, trash and rubbish, providing rules and regulations for the collection thereof.