[1]
Editor’s note–Former sections 18–22 pertaining to duties of city manager; etc. and deriving from Charter Amnd. No. 1, ratified May 6, 1969, was repealed and deleted in its entirety by Charter Prop. No. 7, ratified 6/7/2022.
The City Commission shall be composed of a mayor and four commissioners who shall be elected in the following manner. The mayor shall be elected from the city at large for a term of three years at an election to be held on the uniform election day in May 2010. Regular elections for mayor shall be held on the uniform election day in May, or such other uniform election day as the Texas Legislature may from time to time designate, on each third year thereafter. The four commissioners shall be elected from the city at large. Commissioners for place 3 and place 4 shall be elected at an election to be held on the uniform election day in May 2012. After such election, the two commissioners so elected shall serve a three-year term. Thereafter, regular elections for commissioners shall be held on the uniform election day in May or such other uniform election day as the Texas Legislature may from time to time designate, in each election year. The term for commissioner shall be three years. Anything to the contrary contained herein, notwithstanding, all elections shall be held in accordance with the state law for municipal elections. No person shall serve more than three consecutive terms as a commissioner and as a mayor for any specific office. (This provision will not prevent anyone from serving three terms as commissioner and then serving three terms as mayor, or three terms as mayor and then serve three terms as commissioner.)
Note–Charter Amendment No. 1, approved at special election May 8, 2010, and ratified May 17, 2010, amended article II, sec. 1 to read as herein set out. Formerly said section provided for the mayor to be elected on the first Saturday in April each fourth year for a four-year term, following the election held on the first Saturday in April 1955; and for regular elections for commissioners to be held on the first Saturday in April in each odd-numbered year for a four-year term, following the election held on the first Saturday in April 1955, after which election the four commissioners drew lots to determine which two commissioners served a two-year term and which two served a four-year term.
(Charter Amnd. No. 2, ratified May 6, 1969; Charter Amnd. No. 1, ratified 5/1/93; Ordinance 870, ratified 5/6/95; Charter Amnd. No. 1, ratified 5/17/10)
The mayor and each of the four commissioners shall be a citizen of the United States of America and a registered voter of the State of Texas; and shall reside within the corporate limits of Dumas. A member of the commission ceasing to possess any of the qualifications specified in this section, shall immediately forfeit his office.
(Ordinance 790, sec. 1(b), 2/2/87; Charter Amnd. No. 2, ratified 5/1/93)
The mayor shall receive compensation at the rate of $100.00 per month and the commissioners shall receive compensation at the rate of $50.00 per month. Each of them shall also be entitled to all necessary expenses incurred in the performance of their official duties.
The mayor shall preside at meetings of the commission and shall be recognized as head of the city government. The mayor shall be entitled to vote upon all matters considered by the commission, but he shall have no veto power. The commission shall elect a mayor pro tem from its own membership who shall act as mayor during the absence or disability of the mayor and, if a vacancy should occur, shall become mayor until the next regular election, at which election a mayor shall be elected to fill the unexpired term.
A vacancy occurring in the Commission, including the office of mayor, shall be filled by a person having the qualifications of an elective official of the city and selected in the following manner: If a single vacancy occurs and the Commission member’s seat which is vacated has less than one year remaining, then the Commission may appoint a successor to serve the remainder of the term. If the position that is vacated has more than one year remaining, then the Commission shall appoint a successor to serve until the next regular city election at which time the position will be placed on the ballot for the unexpired term. If two or more vacancies occur at one time, a special election shall be called by the remaining members of the Commission in accordance with the Election Code to fill the vacancies for the unexpired terms.
(Charter Amnd. No. 3, ratified 5/6/69; Charter Amnd. No. 3, ratified 5/1/93; Charter Amnd. No. 2, ratified 5/17/10; Charter Prop. No. 3, ratified 6/7/2022)
All powers of the city and the determinations of all matters of policy shall be vested in the city commission. Without limitation of the foregoing and among the other powers that may be exercised by the commission, the following are hereby enumerated for greater certainty:
(1) 
Appoint and remove city employees.
(2) 
Establish other administrative departments and distribute the work of the divisions.
(3) 
Adopt the budget of the city.
(4) 
Inquire into the conduct of any office, department or agency of the city and make investigations as to municipal affairs.
(5) 
Adopt plats.
(6) 
Adopt and modify the official map of the city.
(7) 
Provide for the establishment and designation of fire limits and to prescribe the kind and character of buildings or structures or improvements to be erected therein, and to provide for the erection of fireproof buildings within certain limits, and to provide for the condemnation of any dangerous, structures or buildings, or dilapidated buildings, or buildings calculated to increase the fire hazard, and the manner of their removal or destruction.
Note–Charter Amendment No. 4, ratified May 6, 1969, amended article II, sec. 6, by eliminating the requirement that the city commission act as the planning commission. Said amendment was proposed by Ordinance 575, sec. 4, adopted March 3, 1969.
(Charter Amnd. No. 4, ratified May 6, 1969)
There are hereby created the following administrative departments: Finance, Police, Fire, Law, Public Works, Health, Water and Sewer, Gas, and Street.
The commission may, if it deems it advisable, consolidate into one department any of the departments hereby established. The commission may create, change, and abolish offices, departments, or agencies other than the offices, departments and agencies established by this charter.
The City Manager shall appoint, subject to approval by the City Commission, a City Secretary for an indefinite term. Unless excused by the Commission for good cause, the City Secretary shall attend all meetings of the City Commission and keep accurate minutes of its proceedings. The City Secretary shall preserve and keep in order all books, papers, documents, records, and files of the City Commission and of the executive departments. The City Secretary shall keep a record of all commissions and licenses issued and shall countersign same. The City Secretary shall have custody of the seal of the city and shall perform such other duties as the City Manager shall assign or as elsewhere provided for in this Charter or as required by law. The City Secretary may be removed from office by the City Manager, subject to approval by a majority of the City Commission.
(Charter Prop. No. 4, ratified 6/7/2022)
There shall be established and maintained a court designated as a municipal court for the trial of misdemeanor offenses, with all such powers and duties as are now or hereafter may be prescribed by the laws of the State of Texas relative to municipal courts. The municipal court shall be presided over by a judge who shall be known as the “Judge of the Municipal Court;” who shall be a qualified voter of the City of Dumas and who shall be appointed by a majority vote of the Commission for a definite period of time not less than two years and not more than four years, at such salary as may be fixed by the Commission. The salary and the period for which the judge is appointed shall be fixed by the Commission at the time of the judge’s appointment. The judge cannot be discharged by the Commission during such period except for malfeasance in office, conviction of a felony or conviction of a misdemeanor involving moral turpitude, nor may the Commission reduce the judge’s compensations fixed for the tenure of service during the term for which the judge was appointed. The City Commission by ordinance may provide for the appointment of one (1) or more judges to serve if the regular judge is temporarily unable to act. There shall be a clerk of said court appointed by the City Manager.
(Charter Amnd. No. 5, ratified May 6, 1969; Charter Amnd. No. 4, ratified 5/1/93; Charter Prop. No. 5, ratified 6/7/2022)
At the first regular meeting of the city commission of the City of Dumas following the regular municipal elections, or as soon thereafter as is practical, the commission shall meet at the usual place for holding such meetings, and the newly elected members shall qualify and assume the duties of office. The commission shall then set by resolution, a time and place certain at which they shall hold their regular meetings which shall be held on the same day, hour and place each month, with the exception of the meeting dates that fall on the following holidays: Memorial Day, Labor Day, Fourth of July, Christmas and New Year’s Day, in which case said meeting shall be at the same hour and place on the first business day (excluding Saturday and Sunday), that follows said official holiday. The Mayor may cancel any regular meeting in the event of the lack of a quorum, the lack of necessary business to transact, or for any other reason the Mayor determines is in the best interests of the City. Special meetings shall be called by the City Secretary upon request of the mayor or a majority of the members of the City Commission. Public notices of the date, hour and place of City Commission meetings shall be given in accordance with the Texas Open Meetings Act, as amended, or successor statute. All meetings of the City Commission must be conducted in accordance with the Texas Open Meetings Act, as amended, or successor statute.
(Amend. of 4/2/57; Ordinance 790, sec. 1(a), 2/2/87; Charter Amnd. No. 11, ratified 5/1/93; Charter Prop. No. 6, ratified 6/7/2022)
The commission shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the commission in any such case shall be subject to review by the courts.
The commission shall determine its own rules and order of business. It shall keep a journal of its proceedings and the journal shall be open to public inspection. No business of the commission shall be conducted unless a quorum of three members be present.
In addition to such acts of the commission as are required by statute or by this charter to be by ordinance, every act of the commission establishing a fine or other penalty shall be by ordinance. The enacting clause of all ordinances shall be “BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DUMAS”.
Every ordinance of a general and permanent nature or that imposes any penalty or fine, shall be introduced in written or printed form and after such introduction and first reading, shall have the caption or summary published one time in a newspaper of general circulation in the City of Dumas. Said ordinance shall not be finally passed until it has been read one time subsequent to its publication, and shall not become effective until the caption or summary, with all amendments thereto have been similarly published. Readings may be by caption or summary only, unless one (1) or more commissioners requests that an ordinance be read in its entirety on first reading.
Note–Charter Amendment No. 3, approved at special election May 8, 2010, and ratified May 17, 2010, amended article II, sec. 14 to read as herein set out. Formerly said section provided for every ordinance of a general and permanent nature or imposing any penalty or fine to be published in its entirety one time, and made no allowance for readings to be by caption or summary only except on commissioner request on first reading.
(Charter Amnd. No. 6, ratified May 6, 1969; Charter Amnd. No. 3, ratified 5/17/10)
The commission shall have power to inquire into the conduct of any office, department, agency or officer of the city and to make investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the production of books, papers and other evidence. Failure to obey such subpoena or to produce books, papers, or other evidence as ordered in the provisions of this section shall constitute a misdemeanor and shall be punishable by fine not to exceed one hundred dollars.
Prior to October 1 of each fiscal year, the commission shall designate a certified public accountant who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the city government and shall submit their report to the commission. Notice shall be given by publication in the official newspaper in the City of Dumas that the annual audit is on file at the city hall for inspection. Such accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government. They shall not maintain any accounts or record of the city business, but, within specifications approved by the commission, shall postaudit the books and documents kept by the department of finance and any separate or subordinate accounts kept by any other office, departments or agency of the city government.
Note–Charter Amendment No. 7, ratified May 6, 1969, amended article II, sec. 16, to provide for an annual audit instead of a semi-annual audit. Said amendment was proposed by Ordinance 575, sec. 7, adopted March 3, 1969.
(Charter Amnd. No. 7, ratified May 6, 1969)
A. 
Appointment and Qualifications.
The Commission shall, upon approval of a majority of the City Commission, appoint a City Manager who shall be the chief administrative and executive officer of the City, and shall be responsible to the Commission for the administration of the affairs of the City. The City Manager shall be chosen by the Commission solely based on the City Manager’s executive and administrative training, experience, and ability. Within 90 days of his/her appointment as City Manager, the newly appointed City Manager shall be a resident of the City of Dumas. No member of the Commission shall, during the time for which he or she is elected, nor for one (1) year thereafter, be appointed City Manager.
B. 
Term and Compensation.
Except as may be modified by an Employment Contract entered between the City and the City Manager, the following provisions apply to the term and compensation of the City Manager: The City Manager shall be appointed for an indefinite term and receive compensation as may be fixed by the Commission. The Commission may by affirmative vote of a majority of the City Commission take action to remove the Manager from office. The action of the Commission in removing the Manager shall be final; it being the intention of this Charter to vest all authority and fix all responsibility for such removal in the City Commission.
C. 
Temporary Absence or Disability of City Manager.
The City Manager may, by letter filed with the City Secretary and subject to approval by the City Commission, designate a qualified City administrative officer to be Acting City Manager during the temporary absence or disability of the Manager. If the City Manager fails to make such designation or if the Commission chooses to revoke such designation, the Commission may appoint an Acting City Manager to serve during such time. The Commission may remove an Acting City Manager at any time.
D. 
Powers and duties of the City Manager.
The City Manager shall have the following powers and duties:
(1) 
Appoint and suspend or remove all city employees and appointive administrative officers provided for, by, or under this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter.
(2) 
Direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this Charter or by law;
(3) 
Attend all City Commission meetings, except when excused by the Mayor. The City Manager shall have the right to take part in discussion but shall not vote;
(4) 
See that all laws, provisions of this Charter, and acts of the City Commission, subject to enforcement by the City Manager or by employees or officers subject to the City Manager’s direction and supervision, are faithfully executed;
(5) 
Prepare and submit the annual budget and capital program to the City Commission and implement the final budget and capital program approved by the City Commission to achieve the goals of the City;
(6) 
Submit to the City Commission and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year;
(7) 
Make such other reports as the City Commission may require concerning the operations of the City;
(8) 
Keep the City Commission fully advised as to the financial condition and future needs of the City;
(9) 
Make recommendations to the City Commission concerning the affairs of the City and facilitate the work of the City Commission in developing policy;
(10) 
Provide staff support services for the Mayor and Commissioners;
(11) 
Assist the Commission to develop long term goals for the city and strategies to implement these goals;
(12) 
To execute, on behalf of the City, standard form documents, including but not limited to, deeds, releases of liens, rental agreements, easements, right-of-way agreements, joint use agreements, loan documents, and other similar documents, under the following conditions:
(a.) 
The execution of the document is necessary to carry out a public works project; utilize, maintain or improve a City facility, street, right-of-way, easement, park or other City property, or to implement other City policies; provided that such project, program or policy has been approved by the City Commission; and
(b.) 
That all blanks are filled in on any document correctly and that such document is consistent with the objectives approved by the City Commission; and
(13) 
Perform such other duties as are specified in this Charter or may be required by the City Commission or as required by law.
(Charter Amnd. No. 1, ratified May 6, 1969; Charter Prop. No. 7, ratified 6/7/2022)