The municipal government of the city shall consist of the city
commission which shall be composed of five commissioners, one of whom
shall be mayor of the city.
The mayor and each commissioner, shall serve for a term of two
years and until his successor is elected and qualified unless sooner
removed from office as herein provided.
Vacancies in the commission shall be filled by appointment by
the majority of the remaining commission members, including the mayor,
and such appointed person(s) shall serve until the next regular municipal
election.
(Ordinance 1702, sec. II (exh. A,
chtr, amd. 2), adopted 2/14/17)
The mayor and each commissioner shall be a resident citizen
of the city, and have the qualifications of electors therein. The
mayor, commissioners and other officers and employees shall not be
indebted to the city; shall not hold any other public office of emolument
and shall not be interested in the profits or emoluments of any contract,
job, work, or service for the municipality, or interested in the sale
to the city of any supplies, equipment, material or articles purchased;
nor shall either of them be the owner of stock in any public utility
or public service corporation within the city, nor in the employ of
any owner of stock in public utility or public service corporation.
Any officer or employee of the city who shall cease to possess any
of the qualifications herein required shall forfeit his office or
position, and any contract in which any officer or employee shall
or may become interested, may be declared void by the commission.
No officer or employee of the city shall accept any frank, free ticket,
pass, or service, or anything of value, directly or indirectly, from
any person, firm or corporation, upon terms more favorable than are
granted to the public, and any violation of this section shall be
a misdemeanor, and on conviction thereof, such office or employment
shall be forfeited.
The commission may require, however, by ordinance, all streetcar
companies operating within the city limits to provide free transportation
to policemen and firemen in uniform or wearing a badge, and may require
all proprietors of theaters, moving picture shows and other places
of public amusement, to admit without charge, all policemen in the
employ of the city.
Editor’s note–The last paragraph of
this section is of course inapplicable in the matter of streetcars,
and the enforceability of the other provision is problematical.
The elective officers of the city shall consist of a mayor and
four commissioners. The commissioners other than the mayor shall be
designated as Commissioner No. 1, Commissioner No. 2, Commissioner
No. 3, and Commissioner No. 4, each of whom shall be elected to the
office for which he is a candidate by a majority vote of the qualified
voters of the city at large, voting at such election, provided that
Commissioner No. 1 and Commissioner No. 3 shall be resident citizens
of West Vernon and Commissioner No. 2 and Commissioner No. 4 shall
be resident citizens of East Vernon; and provided further that at
the first election held after the adoption of this charter, Commissioner
No. 1, and Commissioner No. 2 shall be elected for a term of two years,
and that Commissioner No. 3 and Commissioner No. 4 shall be elected
for a term of one year.
The following line in the city shall be the dividing line between
East Vernon and West Vernon: Beginning at the North Boundary Line
of the City of Vernon at its intersection with a Northern extension
of the center line of Bentley Street; Southerly down the extension
of Bentley Street to Bentley Street continuing Southerly on Bentley
Street to the intersection of the East bound Frontage Road to US Highway
287; Easterly along Frontage Road to Ross Street; Southerly on Ross
Street to Texas Street; Easterly on Texas Street to Tolar Street;
Southerly on Tolar Street to Highland Park Drive; Westerly on Highland
Park Drive to Stephens Street; Southerly on Stephens Street and a
line extending from the center line of Stephens Street to its intersection
with the Southern Boundary Line of the City of Vernon.
All that portion of the city lying east of that line is hereby
designated and shall be known as East Vernon and all that portion
of the city lying West of that line is hereby designated and shall
be known as West Vernon.
(Ordinance 1344, sec. 1, adopted 9/28/99)
Should no candidate receive a majority of votes at the election
for the office for which he is a candidate, the governing authority
shall immediately order a special election as set out in the state
law governing elections, at which special election the names only
of the two candidates receiving the highest number of votes at said
former election, for the office for which they were candidates, shall
be printed on the ballot and submitted to the qualified voters for
election, and the candidate receiving the majority of votes at such
special election, for the place or office for which he was a candidate,
shall be declared elected.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 12), adopted 2/8/10)
The governing authority shall be the judge of the election and
the qualifications of its members, provided that state law shall govern
such provisions.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 13), adopted 2/8/10)
All elections in this city shall meet all requirements of state
law governing dates for canvassing votes and declaring results.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 14), adopted 2/8/10)
The regular municipal election of the city shall meet the requirements
of state law governing uniform election dates, with the City elections
to be held on the Uniform Election Date in May or the closest thereto.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 15), adopted 2/8/10)
All elections in this city shall meet all requirements of state
law governing uniform election dates.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 16), adopted 2/8/10)
The commission shall enact all ordinances and resolutions and
adopt all regulations; and constitute the legislative and governing
body of the city, with all the powers and authority herein granted.
The mayor of the city shall be the presiding officer of the
commission. He shall vote as a member of the commission on all matters
coming before the body; sign all bonds, warrants and other official
documents; be the official head of the city, and exercise all powers
and perform all duties imposed upon him by this charter, and by the
ordinances of the city, and the resolutions of the commission.
At the first meeting of each new commission or as soon thereafter
as practicable, one of the commissioners shall be [elected] mayor
pro tempore, who shall hold his office for one year. In case of the
failure, inability or refusal of the mayor to act, the mayor pro tempore
shall perform the duties and receive the fees and compensation of
the mayor.
Not earlier than the third day or later than the sixth day after
the election of the commission has been declared, the commission shall
meet at the time set by the mayor in the council [commission] chamber
of the city hall, at which time the commissioners shall qualify and
assume the duties of their offices. Thereafter the commissioners shall
meet at such time as may be prescribed by ordinance or resolution,
but they shall meet at least once each month. The mayor or other four
commissioners may call special meetings of the commission at any time
deemed advisable. The commission shall determine its own rules and
order of business and shall keep a journal of its proceedings in a
permanently bound book, and any citizen shall have access to the minutes
and records thereof at all reasonable times.
Editor’s note–The day and time of the
first commission meeting following the declaration of the election
of the commission has been changed to accommodate the provisions of
the Texas Election Code. Formerly the first meeting following the
declaration of the commission was scheduled for ten o’clock
on the first Monday after the election.
The mayor shall receive as compensation for his service from
and after the adoption of this amendment, the sum of twelve hundred
dollars per annum, payable in monthly installments of one hundred
dollars each, as the same shall accrue.
Each commissioner shall receive three hundred dollars per annum,
payable in monthly installments of twenty-five dollars each, as the
same shall accrue, provided the city commission shall have the power
by ordinance, duly enacted, at any time before the commencement of
a term, to reduce the salary of the mayor or, and of the commissioners;
provided further, that the mayor or either commissioner shall forfeit
five dollars of his salary if absent from any regular meeting of the
commission, unless such absence from the meeting is unavoidably necessitated
in the service of such officer on business of the city away from the
city, or by the sickness of such officer, at the time the meeting
is held.
(Amd. adopted 12/31/34)
Any three members of the commission shall constitute a quorum
for the transaction of any business, and the affirmative vote of three
members of the commission shall be sufficient and necessary to adopt
or repeal any ordinance or resolution. The vote upon the passage or
repeal of any ordinance or resolution shall be taken by “Yea”
and “Nay” vote, and entered upon the journal. All members
of the commission present shall vote upon every question, ordinance
or resolution. Any commissioner refusing to vote shall be entered
on the journal as voting in the affirmative.
Every ordinance or resolution passed by the commission shall
be signed by the mayor, and attested by the person acting as city
secretary, and the seal of the city impressed thereon within two days
after its passage.
Each proposed ordinance or resolution shall be introduced in
written or printed form, shall not contain more than one subject,
which shall be clearly stated in the title, but general appropriation
ordinances may contain the various subjects and accounts for which
moneys are to be appropriated.
(Ordinance 1702, sec. II (exh. A,
chtr, amd. 4), adopted 2/14/17)
An emergency measure is an ordinance or resolution for the immediately
preservation of the public peace, property, health, or safety, or
providing for the usual daily operation of a municipal department,
in which the emergency is set forth and defined in a preamble thereto.
Ordinances appropriating money and ordinances for the payment of salaries
and wages may be passed as emergency measures, but no measure making
a grant, renewal or extension of a franchise, or other special privilege
of regulating the rate to be charged for its services by any public
utility, shall ever be passed as an emergency measure.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 17), adopted 2/8/10)
All ordinances carrying a penalty shall be published once a
week for two consecutive weeks in some newspaper published in the
city, and no such ordinance shall become effective until ten days
after the date of its last publication, provided that emergency measures
shall take effect according to their terms.
Every ordinance, or resolution, upon its becoming effective
shall be recorded in a permanently bound book kept for that purpose
and shall be authenticated by the signatures of the mayor and the
person exercising the duties of city secretary.
The commission shall, or any citizen may, investigate the financial
transactions of any office or department of the city government, and
the acts and conduct of any official or employee. In conducting such
investigation, the commission may compel the attendance of witnesses,
the production of books and papers, and other evidence, and for that
purpose may issue subpoenas or attachments which shall be signed by
the mayor, and which may be served and executed by an officer authorized
by law to serve subpoenas or other process, or any peace officer of
the city. If any witness shall refuse to appear or testify to any
facts within his knowledge, or to produce any papers or books in his
possession or under his control, relating to the matter under investigation
before the commission, the commission shall have the power to cause
the witness to be punished as for contempt, not to exceed a fine of
one hundred dollars. No witness shall be excused from testifying,
testing his knowledge of the matter under investigation in any such
inquiry, but such testimony shall not be used against him in any criminal
prosecution, except for perjury committed upon such inquiry.
Editor’s note–Ordinance 1702, sec. II (exh. A, chtr, amd. 5), adopted February 14, 2017, repealed Art. IX, sec.
9.23, which pertained to contracts for personal services limited, and derived from the compilation of the 1916 home rule charter and amendments prepared in 1963.
The governing authority shall create and consolidate such appointive
officers (offices), and may divide the administration of the city’s
affairs into such departments, as they may deem advisable, and may
discontinue any such appointive office or department except the office
of the recorder.
Editor’s note–Independent school district
now divorced from city government, sec. 6.1.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 18), adopted 2/8/10)
The governing authority shall fix and determine the salaries
and wages of all appointive officers and employees of the city, unless
otherwise provided in this Charter, and shall provide for the payment
thereof.
No warrant for the payment of any claims shall be issued by
the city, unless such claim shall be evidenced by an itemized account
approved by and audited and allowed by the governing authority at
a regular meeting, and all warrants shall be signed by the mayor,
or his designated agent, and countersigned by the person acting as
secretary, or their designated agent.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 19), adopted 2/8/10)
Accounting procedure shall be devised and maintained for the
city, adequate to record in detail all transactions affecting the
acquisition, custodianship and disposition of anything of value, including
cash receipts, credit transactions and disbursements, and the recorded
facts shall be presented periodically to the governing authority and
to the public in such summaries and analytical schedules in detailed
support thereof as shall be necessary to show the full effect of such
transactions of each fiscal year upon the finances of the city and
in relation to each department of the city government, including distinct
summaries and schedules for each public utility owned and operated.
The governing authority shall cause a continuous audit of the books of account, and of all records and transactions of the administration of the affairs of the city; such audit shall be made annually embracing each fiscal year and shall be made by a capable accountant. The duty of said accountant shall include the certification of all statements required in section
9.27 of this article; such statements shall include a general balance sheet showing summaries of income and expenditures, and also comparisons, in proper classification with the last previous audit; such summaries shall be published in some newspaper published in the city, one time, within ten days after the completion of such audit.
All contracts for public printing, public improvements and public
works of every kind and character, and the purchase of supplies for
use in any department of the city, shall be let on sealed competitive
bids, as provided by state law or city ordinance, whichever is less.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 20), adopted 2/8/10)
No person related within the fourth degree by affinity, or consanguinity,
to the mayor or to either [any] of the commissioners, shall be appointed
to any office, position, clerk-ship or service of the city.
Eight hours shall constitute a day’s work for all laborers,
workmen, or mechanics who may be employed by or on behalf of the city,
in any one calendar day, where such employment, contract or work is
for the purpose of construction, repairing or improving buildings,
bridges, streets, avenues, alleys, highways, or other public improvements
of similar character, requiring the service of laborers, workmen or
mechanics.
The person exercising the duties of city tax collector, and
the person performing the duties of custodian of city funds, shall
each give official bonds in such sums as may be prescribed by the
commission from time to time, such bonds shall be payable to the city
and shall, in each instance, be conditioned for the faithful discharge
of the duties of such officer and for the faithful accounting of all
moneys, claims and things of value coming into the hands of such officer.
Such bonds shall be procured from some regular accredited surety company
or companies, authorized to do business under the laws of the state,
and the premiums to such surety companies shall be paid by the city,
provided that the commission may, by ordinance, require official bonds
from any other appointive officers of the city in such amounts and
conditioned as they may deem best for the efficiency of the public
service. All official bonds shall be approved by the commission and
filed and recorded with the person exercising the duties of city secretary.
Every officer of the city shall, before entering upon the duties
of his office, take and subscribe to the oath prescribed by the constitution
of the state.
The city commission shall be required to deposit all the proceeds
of sale from the sale of the city’s electric light and power
system remaining after payment of the amounts required to discharge
outstanding obligations payable, in whole or in part, from the revenue
of said system and expenses incurred in connection with the sale thereof
to a special fund, and, unless authorized by a special election duly
called and held to authorize the expenditure thereof for any permanent
public improvement, the proceeds of sale deposited to the credit of
such special fund shall not be expended or withdrawn therefrom for
any purpose. The proceeds of sale deposited in the special fund shall
be invested only in securities or obligations which under the general
laws of the State of Texas qualify for the investment of moneys held
in an interest and sinking fund of a city established for the payment
of debt obligations. Twenty-five percent (25%) of any earnings and
profits realized from the investment of moneys held to the credit
of said special funds shall be retained in said special fund and reinvested
in qualified securities or obligations as provided for the original
proceeds of sale and the balance of any earnings or profits may be
transferred to the credit of the general fund or capital asset fund
of the city and expended for any permanent public improvements.
(Resolution 520, sec. 3, adopted 4/9/84)