The City Commission meets the
2nd & 4th Monday of each month at
City Hall at 5:00 PM
commission-23 - Copy
Front: Mayor ProTem Jerry T. Hanszen, Mayor Olin Joffrion, City Manager Stephen K. Williams
Back: Commissioner Place 3 Isha Brown, City Secretary Dana Griffin, Commissioner Place 2 John Cooke,
Commissioner Place 1 Tate Barber

·  Sec. 2. - The City Commission.

·  Except as otherwise provided in this charter, all powers of the city shall be vested in a commission, which shall be composed of a mayor and four commissioners, who shall all serve without compensation. The terms of the members of the commission, except as hereinafter provided, shall be for two years and shall begin on the Monday next following the election. The mayor and each commissioner shall be elected by the city at large and shall be elected to and occupy a place on the city commission, such places being designated: Mayor and places 1, 2, 3 and 4 respectively. Each of said members of the city commission shall hold his office for a term of two years beginning on the first Monday next following his election, or until his successor has been duly elected and qualified.

Two members of the commission, to wit: City commissioner place 1 and city commissioner place 2 shall be elected each odd year; and three members of the city commission, to wit: City commissioners place 3, city commissioners place 4 and mayor shall be elected each even year.

Members of the commission shall be registered and qualified as electors of the city and real property owners, and shall not hold any other public office except those offices specifically exempted under Article 16, Section 33 and Section 40 of the Texas state constitution [Texas Const. Art. 16, §§ 16, 30], and further provided that no member of the commission shall hold any paid employment under the city government within two years thereafter; and further provided that no member of the commission shall be indebted to the city or be delinquent in the payment of any taxes, assessments or other liability due the city. A member of the commission ceasing to possess any of the foregoing qualifications shall immediately forfeit his office.

If a vacancy occurs in the commission, or in the office of mayor, arising from any cause, the remaining members by a majority vote shall appoint a qualified resident elector to fill it for the remainder of the term, provided, however, that if three or more vacancies occur at the same time a special election shall be called to elect qualified members of the commission to fill the remainder of the unexpired terms.

(Ord. of 2-9-1971, § 1, Amend. No. 2; Ord. of 2-14-1972, § 1, Amend. No. 2)

State Law reference— Form of government in home-rule municipality, Texas Local Government Code § 26.021.

·  Sec. 3. - Meetings of the commission.

·  The commission shall meet at the city hall on the first Monday following a regular city election. Newly elected members shall assume the duties of office at this time. Thereafter the commission shall meet in a regular meeting at the city hall twice each month at a time and day set by the commission.

Special meetings shall be called by the city secretary upon the written request of the mayor, the city manager, or a majority of the members of the commission. Notice of such special meeting shall state the subject or subjects, to be considered; any subject may be considered but only those stated shall be finally acted upon. Notice may be served on any commissioner by leaving same at his residence or regular place of business.

All meetings of the commission and committees thereof shall be open to the public. Any inhabitants of the city shall have a reasonable opportunity to be heard at any meetings of the commission on any matter. The commission or committee, thereof, by a majority vote, may authorize an executive session following a reasonable time having been allowed for interested persons to be heard on the matter to be considered.

(Ord. of 2-9-1971, § 1, Amend. No. 3; Ord. of 2-14-1972, § 1, Amend. No. 3)

·  Sec. 4. - Mayor's powers in relation to city commission.

The mayor shall preside at all meetings of the city commission and shall be recognized as head of the city government for all ceremonial purposes. He shall have the powers and perform the duties conferred and imposed by the charter, the ordinances of the city, and the laws of the State of Texas. The mayor, as a member of the city commission, shall be entitled to vote upon all matters considered by the city commission, but shall not have the power to veto any action of the city commission.

At the city commission's first meeting following each regular election of commissioners and/or mayor, the commission shall, by election, designate one of its number as mayor pro tem, who shall serve in such capacity until the expiration of the term for which elected commissioner. The mayor pro tem shall act as mayor during the absence or disability of the mayor and shall have power to perform every act the mayor could perform if present.

(Ord. of 2-9-1971, § 1, Amend. No. 4)

Amendment note—Ord. of Feb. 9, 1971, § 1, Amend. No. 4, approved at election held April 6, 1971, amended § 4 by substituting "mayor" and "mayor pro tem" for "chairman" and "chairman pro tem."

Sec. 6. - Commission rules.

·  The commission shall be the judge of the election and qualification of its members. It shall determine its own rules and order of business and keep a bound record of its proceedings. A majority of the members shall constitute a quorum. The affirmative vote of a majority of the members, of the entire commission, shall be necessary to adopt any ordinance or resolution.

(Ord. of 2-9-1971, § 1, Amend. No. 6)

Amendment note—Ord. of Feb. 9, 1971, § 1, Amend. No. 6, approved at election held April 6, 1971, amended § 6 by adding the phrase "of the entire commission" in § 6.

·  Sec. 7. - Passage of ordinances and resolutions.

·  Subsection (a). 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 or providing for the expenditure of funds or for the contracting of indebtedness, shall be by Ordinance. The enacting clause of all ordinances shall be "BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CARTHAGE." Every ordinance shall be introduced in writing on printed form as may be required by law and the subject matter shall be clearly expressed in its caption or title.

Subsection (b). Except as otherwise provided, every ordinance imposing a penalty, fine or forfeiture for a violation of provisions thereof, shall be read one time at each of two regular or called commission meetings before it can be called for a vote and passed and adopted at a third meeting with the publication of the caption of the proposed ordinance in the official newspaper in the City of Carthage the week preceding the second reading and the publication shall state the time of such second reading. After the second reading, the commission shall hear all interested parties who have pertinent evidence to offer for or against the proposed ordinance. Amendments, corrections or revisions may be made in the proposed ordinance at any time before its final passage and adoption at a third meeting. The provisions of this subsection shall not apply to ordinances correcting, amending, revising or codifying any existing ordinance or code of the City of Carthage or the adoption of ordinances for the levy and collection of taxes. The descriptive caption, fine or forfeiture section of any ordinance imposing any penalty, fine or forfeiture shall be published one time after final passage in the official newspaper of the City of Carthage before such ordinance shall take effect. The city secretary shall record on every ordinance so published the date of publication which shall be prima facie evidence of legal publication.

Subsection (c). It shall not be necessary to the validity of any ordinance, resolution, order or act of the commission that does not impede a penalty, fine or forfeiture for the violation of its provisions, that it shall be read more than one time or considered at more than one session of the city commission.

Subsection (d). Every ordinance shall be authenticated by the signatures of the mayor and the city secretary and shall be systematically recorded and indexed in an ordinance book in a manner provided by the commission. It shall be only necessary to record the caption or title of ordinances in the minutes or journal of the commission meetings.

Subsection (e). Emergency ordinances. To meet a public emergency affecting life, health, property or the public peace, the commission may adopt one or more ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its service, or authorize the borrowing of money except as provided in Section 18. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejection at the meeting at which it is introduced, but the affirmative vote of a majority of the entire commission shall be required for adoption. After its adoption the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance except one made pursuant to Section 18 shall automatically stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for the adoption of emergency ordinances.

(Ord. of 2-9-1971, § 1, Amend. No. 7; Ord. of 2-14-1972, § 1, Amend. No. 1)

State Law reference— Publication of ordinances in home-rule municipalities, Texas Local Government Code § 52.013.

·  Sec. 8. - Municipal elections.

The commission shall make all necessary arrangements and regulations for the conduct of elections in conformity with the election laws of the State of Texas. Election for members of the commission shall be held on the date provided by state law in accordance with existing state law as it now exists or as hereafter amended. A candidate for city commissioner or mayor shall file in writing with the city secretary at least thirty (30) days prior to the next election a request that his name be placed on the official ballot. All names of candidates shall be placed on the official ballot according to the office and the place for which they have filed and shall be arranged in the manner prescribed by the election code of the State of Texas.

(Ord. of 2-9-1971, § 1, Amend. No. 8; Ord. of 2-14-1972, § 1, Amend. No. 4; Ord. of 4-7-1986, Amend. No. 1)

State Law reference— Uniform election dates, Texas Election Code § 41.001; general election of poli

Sec. 12. - Administrative departments.

The commission may create departments of the city government, define their functions, and prescribe the qualifications for heads of the respective departments, except as otherwise provided in this charter.