The City shall comply with the Public Information Act of the State of Texas as may be amended from time to time, or successor statute.
(Charter Prop. No. 20, ratified 6/7/2022)
For purposes of this Section term “City Official” means any individual subject to the requirements of Texas Local Government Code, Chapter 171.
It is hereby prohibited for the Mayor, City Commissioners, or a City Official to violate the rules and regulations regarding conflicts of interests as set out in the Texas Local Government Code, Chapter 171, as amended or successor statute.
(Amend. of 4/2/57; Charter Prop. No. 21, ratified 6/7/2022)
Every officer of the city shall, before entering upon the duties of his office, take and subscribe to the following oath or affirmation:
“I, __________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of __________, of the City of Dumas, State of Texas, and will to the best of my ability preserve, protect, and defend the construction [constitution] and laws of the United States and of this state and the charter and ordinances of this city; and I furthermore solemnly swear (or affirm), that I have not directly nor indirectly paid, offered, or promised to pay, contributed nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected, or if the office is one of appointment, to secure by employment. So help me, God.”
[1]
Editor’s note–Former section 4 pertaining to public library, and deriving from the charter adopted at the election held on March 4, 1955, was repealed and deleted in its entirety by Charter Prop.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. 22, ratified 6/7/2022.
For the purpose of promoting the health and/or safety or general welfare of the city, the city commission may by ordinance, regulate the location and general construction of buildings and other structures, the size of yards, courts and other open spaces, and the uses of buildings, structures and land for business, residence or other purposes. Such ordinances may provide that the city commission may, in appropriate cases and subject to appropriate principles, standards, rules, conditions and safeguards set forth in the ordinance, make special exceptions to the terms of the zoning regulations in harmony with their general purpose and intent. Such ordinances may provide that the city commission authorize variances from the strict application of the regulations in such limitations as may be set forth in ordinance. All of these powers granted by Title 28, Chapter 4, Articles 1011A to 1011J, both inclusive, of the 1925 Revised Civil Statutes of Texas, together with existing amendments and all amendments as hereinafter may be made relating to zoning in cities, are hereby adopted and made a part of this charter, except as in direct conflict with this article. This article does not give the city commission power to require changes in existing buildings.
The city commission may at its option and discretion delegate its duties to an individual or individuals. However, in all such cases the final authority and responsibility shall rest with the city commission.
The property, real and personal, belonging to the City shall not be liable to be sold or appropriated under any Writ of Execution or Cost Bill. The funds belonging to the City, in the hands of any person, shall not be liable to garnishment, attachment, or sequestration; nor shall the City be liable to garnishment on account of any debt it may owe or funds or property it may have on hand or owing to any person. Neither the City nor any of its officers or agents shall be required to answer any such Writ of Garnishment on any account whatsoever. The City shall not be obligated to recognize any assignment of wages or funds by its employees, agents or contractors.
(Amend. of 4/2/57)
It shall not be necessary in any action, suit or proceeding in which the City of Dumas is a party, for any bond, undertaking or security to be demanded or executed by or on behalf of said city in any of the state courts, but in all actions, suits, appeals, or proceedings same shall be conducted in the same manner as if such bond, undertaking or security had been given as required by law, and said city shall be just as liable as if security of bond had been duly executed.
All ordinances, resolutions, rules and regulations now in force under the city government of Dumas and not in conflict with the provisions of this charter, shall remain in force under this charter until altered, amended or repealed by the commission after this charter takes effect; and all rights of the City of Dumas under existing franchises and contracts are preserved in full force and effect to the City of Dumas.
From and after the date of the adoption of this charter and until the completion of the first city election under this charter and the qualification of the mayor and commissioners therein elected, the present qualified and acting mayor and two commissioners shall constitute the city commission of the City of Dumas. Such city commission shall possess all of the powers provided by this charter and particularly by Article II hereof.
Amendments to this charter may be framed and submitted to the voters of the city in the manner provided by the laws of the State of Texas, as now or hereafter amended.
(Charter Amnd. No. 12, ratified 5/1/93; Charter Prop. No. 23, ratified 6/7/2022)
If any section or part of section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter nor the context in which section or part of section so held invalid may appear, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.
The Charter Commission in preparing this charter finds and decides that it is impracticable to segregate each subject so as to permit a vote of “yes” or “no” on the same, for the reason that the charter is so constructed that in order to enable it to work and function it is necessary that it should be adopted in its entirety. For these reasons the Charter Commission directs that the said charter be voted upon as a whole and that it shall be submitted to the qualified voters of the City of Dumas at an election to be held for that purpose on the 4th day of March, 1955. If a majority of the qualified voters voting in such election shall vote in favor of the adoption of this charter, it shall become the charter of the City of Dumas, and after the returns have been canvassed, the same shall be declared adopted and the city clerk shall file an official copy of the charter with the records of the charter, which copy of the charter so adopted, authenticated and certified by his signature and the seal of the city, shall be forwarded by the mayor to the secretary of state of Texas and shall show the approval of such charter by majority vote of the qualified voters voting at such election.
In not less than thirty days prior to such election the city commission shall cause the city clerk to mail a copy of this charter to each qualified voter of the City of Dumas as appears from the tax collector’s roll for the year ending January 31 preceding said election.
Signed and approved by the Charter Commission on this the 22nd day of January, 1955.
W. R. Rutherford, Chairman; James R. Lovell;
Lucian W. Spencer;
Bill Lask;
W. L. Dandridge;
Herbert C. Harter;
Bailey Woody;
C. R. Neal;
Jess Lawson;
Kenneth Floyd;
Everett Jones;
W. E. R. Smith;
S. R. Johnston;
Byron Wright;
and Ivan D. Boxwell.