The governing and lawmaking body of the City of Slaton shall
consist of four (4) commissioners and one (1) mayor, and said body
shall be known as the “Commission of the City of Slaton.”
The members of the commission and mayor of the City of Slaton
as provided for in this charter shall be the only elective officers
of the city, and they shall be elected and hold office, and be compensated
as herein provided. The mayor shall be elected from the city at large.
The commissioners shall be elected one from each of four (4) wards
of the city, as herein designated.
The City of Slaton is hereby divided into four (4) wards, as
follows: The territory in said city lying south of Lubbock Street
and west of Ninth Street shall be known as Ward No. 1; the territory
in said city lying north of Lubbock Street and west of Ninth Street
shall be known as Ward No. 2; the territory in said city lying north
of Lubbock Street and east of Ninth Street shall be known as Ward
No. 3; and the territory in said city lying south of Lubbock Street
and east of Ninth Street shall be known as Ward No. 4; provided that
the governing body shall have power, by ordinance, to change the boundaries
of said wards from time to time. All elections, including ward elections,
shall be held in the city hall, or in designated places which the
governing body may hereafter provide by ordinance.
The mayor and each member of the commission shall be a resident
citizen of the City of Slaton and a property taxpayer therein and
shall have the qualifications of an elector therein and shall have
been such resident citizen of the City of Slaton for a period of not
less than two (2) years immediately preceding his election and shall
not be indebted to the City of Slaton; provided, however that any
qualified elector, who shall have been a resident for a period of
not less than two (2) years immediately preceding his election of
any of the territory not formerly in the incorporated limits of said
city, but which is annexed under the provisions of this charter, shall
be eligible to said office. Any commissioner who, during his continuance
in office, establishes his domicile outside of the limits of the City
of Slaton from which he was elected, shall thereupon ipso facto forfeit
his office and the vacancy shall be filled as provided in section
7 hereof.
(Ordinance 180, sec. 1, 3/28/60)
Candidates for mayor shall be nominated by petition of at least
fifty (50) qualified voters to be filed with the city secretary, at
least three (3) days before an election, the signers to which petition
shall be verified by one of its signers, and the mayor shall be elected
from the city at large.
The regular term of office for city commissioner as herein provided
for shall be two (2) years. But they shall be divided into two (2)
classes whose terms of office shall end at different times. Immediately
after election of the four (4) commissioners herein provided, they
shall draw for terms. Two (2) of them shall serve until the first
Tuesday in April, 1930, and until their successors shall have qualified;
and two (2) of them shall serve until the first Tuesday in April,
1931, and until their successors shall have qualified. And thereafter,
two (2) commissioners shall be regularly elected, according to the
several expirations of terms of office, on the first Tuesday in April
of each year, for full terms of two (2) years. But the mayor first
selected under the terms of this charter shall hold office until the
election of 1931, and thereafter he shall be elected every two (2)
years.
Vacancies in the commission or mayor shall be filled by special
election for the remainder of the unexpired term, as provided by ordinance.
The mayor pro tem shall be selected from among the members of
the commission, and shall perform all the duties of the mayor in his
absence or disability.
Repealed by Ordinance 180, sec. 1, 3/28/60.
The mayor and commissioners shall each receive the sum of five
dollars ($5.00) for each meeting of the commission attended by him,
provided, that no such officer shall receive for his services a greater
compensation than one hundred eighty dollars ($180.00) in any one
year, nor more than fifteen dollars ($15.00) for any calendar month.
Provided further that when the mayor performs the duties of city recorder
in addition to his duties as mayor he shall be entitled to receive
such additional compensation, as salary, as the governing body shall
allow and fix by ordinance, not to exceed one thousand two hundred
dollars ($1,200.00) per year, payable in equal monthly installments.
No member of the commission, or mayor, shall, during his continuance
in office, hold any other public office or employment, compensation
for which is paid out of public funds, except that any commissioner
may serve as a member of the board of equalization. Nor shall any
member of said commission, appointive officer or employee of the city
be pecuniarily interested, directly or indirectly, in any contract
to which the city is a party, or in any matter wherein its rights
or liabilities are involved. Nor shall any member of said commission,
or any appointive officer or employee of the city be interested in
any public work or contract let, or which shall be paid for, in whole
or in part, by the city. Nor shall any member of said commission,
or any appointive officer or employee of the city be interested, directly
or indirectly, in the sale to the city of any supplies, equipment,
materials, or articles of whatsoever nature purchased by the city,
and any member of the commission or appointive officer who shall cease
to possess any of the qualifications herein required shall forthwith
forfeit his office, and any employee ceasing to possess said qualifications
shall be forthwith discharged, and any such contract which any member
of said board, or appointive officer or employee of the city is or
may become interested in shall be declared null and void by the commission.
The commission shall constitute the legislative and governing
body of the city, and shall have and exercise all the powers and authority
herein granted. It shall pass and adopt all needful ordinances and
resolutions, and adopt all necessary regulations governing the different
departments of the city and not inconsistent with the provisions of
this charter and the constitution and general laws of this state.
The mayor of the City of Slaton, who shall have been elected
from the city at large, shall preside over the meeting of said commission,
and perform such other duties consistent with the office as may be
imposed upon him by this charter and ordinances and resolutions passed
in pursuance hereof. He may participate in the discussion of all matters
coming before the commission and shall be entitled to a vote as a
member thereof on all legislative and other matters, but shall have
no veto power. He shall sign all contracts and conveyances made or
entered into by the city and all bonds issued under the provisions
of this charter, and shall be the chief executive officer of the city.
He shall be recognized as the official head of the city by the courts
for the purpose of serving civil process, by the governor for the
purpose of enforcing military law, and for all ceremonial purposes.
In times of danger or emergency, the mayor may, with the consent of
the commission, take command of the police and govern the city by
proclamation and maintain order and enforce all laws.
The city commission shall hold at least one regular meeting
in each month at a time to be fixed by it for such regular meetings;
and may hold as many additional meetings during the month as may be
necessary for the transaction of the business of the city and its
citizens.
The mayor, or two (2) members of the commission, may call special
meetings of the commission at any time upon at least twelve (12) hours’
written notice to each member, served personally or left at the usual
place of business or residence of such member, or such meetings may
be held at any time without written notice, provided all members of
the board are present.
The commission shall be the judge of the election and qualifications
of its own members and of the mayor.
The commission shall determine its own rules of procedure, and
shall compel the attendance of its members.
Three (3) members of the commission shall constitute a quorum
to do business, and the affirmative vote of a majority shall be necessary
to adopt any ordinance or resolution. All meetings of the commission
shall be public, except when otherwise directed by the commission,
and minutes of all proceedings shall be kept, to which any citizen
may have access at all reasonable times and which shall constitute
one of the archives of the city. The vote upon the passage of all
ordinances and resolutions shall be taken by the “ayes”
and “nays” and entered upon the minutes, and every ordinance
or resolution, upon its final passage, shall be recorded in a book
kept for that purpose, and shall be authenticated by the signature
of the presiding officer, and the person performing the duties of
city clerk or secretary, and the original thereof shall bear the impress
of the official seal of the city.
Each proposed ordinance or resolution shall be introduced in
written or printed form, and shall not contain more than one (1) subject,
which shall be clearly expressed in the title, except ordinances or
resolutions making appropriations or authorizing the contracting of
indebtedness or issuance of bonds or other evidence of indebtedness.
No ordinance, unless it be declared an emergency measure, shall be
passed finally on the date it is introduced, but must be passed, read
and voted upon at two (2) regular meetings of the board.
An emergency measure is an ordinance or resolution for the immediate
preservation of the public business, property, health or safety, or
providing for the usual daily operation of a municipal department
in which the emergency is set forth in such ordinance or resolution.
Ordinances or resolution[s] appropriating money to defray current
or other expenses of the city may be passed as emergency measures
but no ordinance or resolution making a grant, renewal or extension
of a franchise or other special privilege, or regulating the rate
or rates to be charged for service furnished the public generally
by any public utility shall ever be passed as an emergency measure.
Every ordinance imposing any penalty, fine, imprisonment or
forfeiture shall, after passage thereof, be published in one (1) issue
of the official paper; and proof of such publication shall be made
by the printer or publisher of such paper, making affidavit before
some officer authorized by law to administer oaths, and filed with
the person performing the duties of city clerk or secretary and shall
be prima facie evidence of such publication and promulgation of such
ordinance in all courts of the state; and such ordinance so published
shall take effect and be in force, from and after five (5) days after
publication thereof, unless otherwise expressly provided. Ordinances
not required to be published shall take effect and be in force, from
and after the passage, unless otherwise provided.
The commission may investigate the financial transaction of
any office or department of the city government, and the acts and
conduct of any officer 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;
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 to 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 exceeding a fine of one hundred
dollars ($100.00) and three (3) days in the city prison. No witness
shall be excused from testifying, touching 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.
After the city has attained a population of twelve thousand
(12,000) as determined by the federal census, the commission may appoint
a city manager, who shall be the administrative head of the municipal
government, and shall be responsible for the efficient administration
of all departments; he may or may not be a resident of the City of
Slaton when appointed, and shall hold his office at the will of the
commission.
The city manager when appointed shall:
[1] See that
the laws and ordinances of the city are enforced;
[2] Appoint
all appointive officers or employees of the city, with the advice
and consent of the commission (such appointments to be made upon merit
and fitness alone), and remove all officers and employees appointed
by him;
[3] Exercise
control and supervision over all departments and officers that may
be created by the commission, and all officers and employees appointed
by him;
[4] Attend
all meetings of the commission with a right to take part in the discussion,
but having no vote;
[5] Recommend,
in writing, to the commission such measures as he may deem necessary
or expedient;
[6] Keep the
commission fully advised as to the financial condition and needs of
the city; and
[7] Perform
such other duties as may be prescribed by this charter, or be required
of him by ordinance or resolution of the commission.
No contract shall ever be made which binds the city to pay for
personal services to be rendered for any stated period of time, but
all appointive officers and employees shall be subject to preemptory
discharge as herein provided.
The commission shall create and consolidate such offices and
may divide the administration of the city’s affairs into such
departments as it may deem advisable, and may discontinue any such
office or department at its discretion.
The city commission shall appoint what shall be known and designated
as the board of city development, which shall be composed of not exceeding
fifteen (15) members, who shall serve without compensation; and the
city commission shall appropriate annually from the general fund of
said city two (2) mills on each one dollar ($1.00) of the assessed
value of all taxable property in the City of Slaton, said fund to
be used for the support of the work of said board and to be handled
and expended as such board may see fit. The board appointed by the
city commission shall draw lots for the terms of their office, five
(5) of whom shall serve for a period of one year, five (5) for a period
of two (2) years, and five (5) for a period of three (3) years. Upon
the expiration of the terms of office of the various groups of members
of said board, the remaining ten (10) members shall select persons
to fill such vacancies.
The mayor shall appoint what shall be known and designated as
the cemetery association, which shall be composed of three (3) members,
who shall serve without compensation, and may prescribe the qualifications
and duties of the members of such association and their terms of office;
the city commission shall appropriate annually from the general fund
of said city one-half of one (1/2 of 1) mill of each one dollar ($1.00)
of the assessed value of all taxable property in the City of Slaton,
to support the work of such association; also, said association shall
receive the proceeds from the sale of cemetery lots to help support
the work of such association, same to be used and expended at the
will and discretion of such association.
(Ordinance 135, sec. 1, 2/25/52)
The commission shall fix and determine the salaries and wages
of all appointive officers and employees of the city, and 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 the city commission at a regular meeting, and all warrants
shall be signed by the mayor and countersigned by the party acting
as city clerk or secretary.
Accounting procedure shall be devised and maintained for the
city, adequate to record in detail, all transactions affecting the
acquisition, custodianship and disposition of values, including cash
receipts, credit transactions and disbursements; and the recorded
facts shall be presented periodically to the city commission and to
the public in such summaries and analytical schedules in detailed
support thereof as shall be necessary to show fully such transactions
for 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 commission shall cause a continuous audit of the books of
account; all records and transactions of the administration of the
affairs of the city; such audit shall be made annually during each
fiscal year and shall be made by a certified public accountant. The
duty of the certified public accountant shall include the certification
of all statements required in section 31 of this charter; 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 Slaton, one (1) time within ten (10) 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, exceeding an expenditure of one
thousand dollars ($1,000.00), shall be awarded only after sealed competitive
bids have been received by the city commission. No contract, obligation
or undertaking made for and on behalf of the city, having for its
purpose or meaning the creation of any debt or the payment of any
moneys for any purpose, shall ever be binding upon or enforceable
against the city, unless the governing body shall, at the time of
making said contract, or of incurring such debt or obligation, make
provision, by ordinance, for the levying and collection of a tax sufficient
to pay the same at maturity, unless it shall be in the contemplation
of said governing body to pay such debt or obligation out of the current
revenues of the city or out of some fund then on hand and within the
immediate control of the governing body, in which case such intention
shall be clearly expressed in the minutes and in such contract or
writing; and unless so expressed it shall conclusively be presumed
that payment of such debt or obligation is intended to be a charge
upon the future revenues of the city and shall be wholly void and
invalid unless the provisions of this section be strictly complied
with. Provided further, that no such contract, debt, obligation or
undertaking shall ever be binding upon the city unless made and entered
into by the city’s governing body in a formal and stated meeting
of the commission at which there is present and acting a quorum, which
facts shall be made a matter of record in the minutes of such meeting.
No judgment shall ever be rendered against the city and no recovery
shall be had based upon any plea of quantum meruit or quantum valebat
or implied contract founded upon or growing out of any transaction
where any provision of this section has been ignored or violated.
All contracts, agreements and undertakings to which the city is a
party or upon which the city is sought to be bound, that seek to impose
a debt, charge or burden upon any future revenue of the city, and
not contemplated to be paid out of current revenues or out of some
fund then on hand and within the immediate control of the governing
body, shall be in writing and signed on behalf of the city by the
mayor or mayor pro tem, attested by the city secretary and the impress
of the city’s official seal placed thereon. All such contracts
shall be made and entered into by all parties thereto with the provisions
of this section in mind, and each and every provision of this section
shall be and become a part of every such contract and be read into
the same as a material and controlling part thereof, whether or not
same is copied in such contract, agreement or undertaking.
No person related within the second degree by affinity, or within
the third degree by consanguinity, to the mayor, to either of the
commissioners or the city manager, shall be appointed to any office,
position, clerkship or service of the city.
Eight (8) 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 constructing, repairing or improving
buildings, bridges, streets, avenues, alleys, highways or other public
improvements of a similar character, requiring the services of laborers,
workmen or mechanics.
The city manager shall give an official bond in the sum of five
thousand dollars ($5,000.00), and the person or persons exercising
the duties of the city treasurer and city tax collector shall 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 of Slaton
and shall in each instance, be conditioned for the faithful discharge
of the duties of such respective officers, and for the faithful accounting
for all moneys, credits and things of value coming into the hands
of such respective officers. Such bonds shall be procured from some
regularly accredited surety company, authorized to do business under
the laws of the State of Texas and the premiums to such surety companies
shall be paid by the City of Slaton.
The city commission or manager shall have the right to require
official bonds from other appointive officers of the city in such
amounts and conditions as [it or] he 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 the 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 of Texas for county officials.