HomeMy WebLinkAboutOrd 1712 - admin. & finance
Ordinance No~ 1712
AN ORDINANCE RELATING TO ADMINISTRA TrON AND FINANCE;
AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AND CONTAINING FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Chapter 2 of the Code of Ordinances of the City of West University
Place, Texas is hereby amended to read in its entirety as set out in Appendix A, which
is attached and made a part of this ordinance~
Section 2. This Ordinance applies from and after the Effective Date. Any
violations committed before the Effective Date are governed by the ordinances in effect
immediately before the Effective Date (UPrior Ordinances"). If permits (including similar
approvals) are affected by this Ordinance, this Ordinance shall generally apply to and
govern those applied-for on or after the Effective Date. However, the Prior Ordinances
shall apply to and govern any such permit (and the activities authorized by such a
permit) if: (i) the application for the permit is completed and filed before the effective
datet with all plans, information, fees, etc. J (ii) the permit is actually issued on the basis
of that application, and (iii) the permit is not allowed to expire, and is not terminated or
revoked, thereafter (although it may be renewed or extended in the usual manner, if
any, allowed for that type of permit). The Prior Ordinances are continued in effect for
the purposes mentioned in this section.
Section 3. All ordinances and parts of ordinances in conflict with this Ordinance
are repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or oth.er
part of this Ordinance or the application thereof to any person or circumstance, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this Ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this Ordinance to any other
persons or circumstances, shall be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at which
this Ordinance was discussed, considered or acted upon was given in the manner
required by the Texas Open Meetings Act, as amended, and that each such meeting
has been open to the public as required by law at all times during such discussiont
consideration and action. The City Council ratifies, approves and confirms such notices
and the contents and posting thereof.
Section 6. This Ordinance shall take effect on the tenth day following its
publication ('Effective Date")1 as provided in the · y Charter.
PASSED AND APPROVED on
Councilmembers Voting Ay :
Councilmembers Voting No:
Councilmembers Absent:
eal)
Recommended:~_
City nager
, ~o 2.;-
Reviewed:
City Attorney
Appendix A
Chapter 2
Administration and Finance
Subchapter A. In General
Sec. 2.001. City Council meetings; dates.
(a) Regular Meetings. The City COUI1Cil sllall meet in reglllar sessiOll 011 eacll secol1d atld
fourtll Monday in each calendar month begilUling at 6:30 PM~ The City Council, .by ulotio11,
resollltiol1 or ordinance, may reschedule aJlY regular meeting~ If a regular meeting falls on a
legal holiday, it is automatically rescl1eduled for the following Monday, unless rescl1edllled by
. the City CounciL
(b) Other Meetings~ OtIler meetings shall be called as provided in the City Cllarter.
(c) Notices. TIle City Secretary shall prepare, post alld distribllte llotices of lueetings and
the assembled agenda packages~
(d) Agendas~ The City Manager is responsible for assemblil1g the agenda pacl(age for
each meeting~ The City Manager must place a subject 011 tIle agenda if tIle sllbject is requested
by the Mayor or by two or more Council Members~ Other .persons may request the City Manager
to place an itenl on the agend.a~ All requests to place a subject on the agenda must be in writil1g
(including fax or e-mail) and provided to tIle City Secretary or City Man,ager by 5 :00 PM on the
fifth day preceding tile nleeting~ Agendas may include groups of rOlltil1e or similar items Wllich
will be considered as a group, unless any single COllncil Member requests separate COl1sideration
for an item~
(e) Attendance~ All members are expected to attend all meetings on time, except with a
good eXCllse~ Good excuses are determined .by the City CounciL TIle COllncill11ay calIse tlle
attel1dance record of all members to be posted or publislled.
(f) Forn1al and Informal Segments; tlWorkshops~ 1J Meeting may inclllde botll farInal
and inforlual segments, and they may be held in different rooms~ Inforlnal segments Inay be
conducted as "workshops" with relaxed rules of procedure~
Sec. 2.002. City Council rules of procedure.
(a) Parliamentary Procedures; Rulings. From time to time, the City Council may ado.pt
parliamelltary procedures (including special nlles for small governing .bodies) to supplement the
rules in this section~ The City Council may appoil1t a parlimuentarian to advise on procedllre~
The presiding officer sIlall rule, initially, on all questions ofprocedure~ The ruling of the
presiding officer may be appealed to tIle entire COlll1Cil.
(b) Standard Procedure ~ Each measure sllall be introduced by the presiding officer ill the
order sllown OD. the agenda. After it is introduced, the procedure is:
(1) Reading of the measure by tIle City Secretary (or other perSOll designated
by tIle presiding officer)~ Reading ordinances or resolutiol1S by caption or
summary is allowed if the full text is available as prescribed by tIle
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Charter ~
(2) TIle City Manager or otller perSOll 11lay presellt a staff statement.
(3) Motion and second.
( 4) DisCllssion.
(5) Vate.
(c) Voting. Inforlual voice voting sIlaIl be used, unless a Council Melnber requests a roll
call vote. all a roll call vote, the Inoving member votes first, tIle seconding l11ember votes
secol1d, the reluaining members vote in alphabetical order alld tIle presiding officer votes last
(unless tIle presidil1g officer has moved or seconded tile motioll). In case of a tie, the motion
fails. Wllere tllere is a single vote 011 a group of items, und.er circumstances wllere no meluber
requ.ests a separate vote, tIle vote on tIle grou.p is deemed to be same as a separate, idelltical vote
011 eac11 itel11.
(d) Order And Decorum. Tile presiditlg officer will preserve order aIld. d.ecoflun,
. preventing the impllgning of any member's Inotives or otller persol1al COlnment 110t relevallt to
the orderly condllct of business. TIle presidil1g officer shall request all speakers to l(eep
comments brief al1d relevant to the qu.estiol1 before the COUI1Cil. III reglllar l11eetings, all remarl(s
by luelu.bers sllould be directed. to the chair, 110t to other me!11bers. All perSOl1S presellt :ill the
Ineeting foom sllould eschew abusive, rude or inappropriate conduct. See C11apter 38 of the
Texas Penal Code regarding tIle nhinderingr1 of official proceedings.
(e) Public Participation. COlnments and suggestions by tIle pllblic are 11igllly valued and
encouraged durillg those parts of a meetin.g designated for public participatio11. Speal(ers Sl10111d.
register in advallce al1d sh.ould liluit tlleir presentations to three minutes eacll. Spea1cers sh.ou.ld
direct all rernarles and questions to tIle presiding officer, WIlD may refer them for i11vestigation,
respOllse or other actiO!l. TIle HTexas Open Meetillgs ActH requires tIle City to post a notice, in
advance, listin,g every topic or subject to be cOllsidered by the COlll1Cil. Tllis law may prevel1t
tIle COllncil [ronl COl1sidering a subject raised by a meln,ber of the Pllblic. In this case, the
presidillg officer may refer tile nlatter, alld the COl111CiI may direct tllat the lllatter be placed. 011
tIle agellda for an upcoming n1eeting.
(1) Suspension- of Rules~ AllY of tIle rllles prescribed by this section Inay be suspellded,
for any sillgle meetil1g, by a vote of three-fourths of tIle Council Members :presel1t.
Subchapter B. City Departments
Sec. 2.005. City departments.
(a) Departn1ents; Duties; Heads. Every elnployee is assigned to a departn1ellt TIle
departments are:
(1)
(2)
Police (see Cll11i1er). TIle Police Departlnent is respollsible for elnergency
communications, traffic control, lil1lited Code enforcemellt, crilne
preventioll, crinlinal investigation, aIld apprehel1sion. Tile departnlellt l1ead
is tIle Police CJlief.
Fire (see Cllarter)~ TIle Fire Departl11el1t is respollsible for limited. Code
enforcemellt, 11ealtll services, ell1ergellcy Inanage:lnent (civil defense);
emergency Inedical service, fire prevel1tioll, su.ppressiol1 and investigatio.11.
TIle departlnent llead is tIle Fire Cllief.
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(3) P~blic Works (see Charter). T11e Pllblic Works Department is responsible
for zoning administration, develop.m.ent services (registratiol1, pIall review,
permitting and il1spection), capital ilnprovelnents, facility mail1tel1ance,
aninlal control, lin1ited code enforcement, fleet mallagemel1t, street
maintel1allce, drail1age Inaintenance, solid waste l11allagelnent, water and
sanitary sewer service~ The departmel1t 11ead is tIle Pu.b.lic W orl(s Director
wh,a shall also be tIle City engilleer, u.llless 110t qualified as at1 ellgilleer or
ullless another perso'n is so designated. by tIle City COUllCil.
(4) Finance (see Charter). The FillallCe Depaliment is respollsible for taxatiol1
(assesSl11ent al1d collection), custoluer service (billil1g and paYlnel1t),
illvestl11el1ts, aCCOullting, payrolls, purchasillg alld 1lll111icipal court
adl11inistration~ The departlnellt l1ead is tIle Final1ce Director, WI10 sllall
also serve as City treasurer alld tax assessor alld collector~
(5) ParIes & Recreation. The Parks & Recreation Department is respo11sible
for recreatioll progralns, sel1ior services, special evel1ts, grolluds
luaintenance, rigllt-of-way mailltel1al1ce, as well as tIle acquisiti.o11,
d.evelopl11ent al1d Inailltenance of parl(s. Tile department l1ead is tile Parl<s
& Recreatioll Director.
(6) Admillistration. TIle Administratiol1 Departlnel1t is respol1sible for the
effective and efficiel1t managelne11t of all City departmellts, City C01U1Cil
support, records management illld persolulel. TIle d.epartment COl1Sists of
tIle City Mal1ager, City Secretary and slIell staff desigl1ated by tIle City
Manager and not designated to otller departlnents~ Tile departIn.ellt l1ead is
tile City Manager~
(b) Additional Duties, Assistance. Chapter 18 assigns additiol1al duties relatil1g to
property. The City Manager may assign additiol1al d,uties to allY d.epartment alld Inay reqllire
departmellts to assist eacll other ~ Amlual budget documellts should show tile full range of
functions of each department.
Subchapter C. Boards, Commissions and Committees
Sec. 2.011 Boards, commissions & committees.
(a) Permanent Bodies; Liaisons. Permanent boards, COffill1issiol1S llild com'mittees are as
follows:
(1) Building & Standards Comlnission~ See Cl1apter 6 oftllis Code alld
Chapter 54 of tIle Texas Local Goverl11nent Code for tile compositioll alld
duties of this COl11missiol1~ TIle presiding officer sllall be selected 'by tIle
City COllncil. The staff liaison is the Bllildil1g Official, or slIe!l ot11er
person as the City Manager may designate.
(2) Zonillg & Plamlin.g COlnnlission.~ See th,e Cllarter and tlle Zonin.g
Ordinance for the composition al1d dllties of t11is COlmnissio11 and tIle
presiding officer (who is elected by tIle Cormnission). TIle staff liaiso:n is
tile Building Official, or SllCh otller perSOll as tIle City Manager luay
desigl1ate ~
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(3) ZOllillg Board of Adjustnlent See tIle Cllarter and tile Zoning Ordillance
for the cOffi.positiol1 and duties of this Board alld tIle presidil1g officer (WIlD
is elected by the Board). The staff liaison is the Building Official or suc11
other perSOll as the City Manager may desigllate.
( 4) Parl(s & Recreatioll Board. 9 positions (numbered 1 tlnougll 9) witll all
positiollS 811d tIle presiding officer selected by tIle City COllncil. See
Chapter 16 for tIle duties of this Board~ See, also, tIle provisions of
Cllapter 16 relating to the Friends of West Ul1iversity Parks Fund, a 110]}-
profit corporation. The staff liaison for both tIle Board and tIle Fund is tIle
Parks & Recreation Director, or SlICh other .person as tIle City Manager
may designate.
(5) Sellior Services Board: 15 positions (ulunbered 1 tlnollgll 15), with all
positions and the presiding officer appointed by th.e City Council. The
senior services board is responsible for: (i) studyil1g the needs of senior
citizens, (ii) assistillg with service studies and plan develo:pment and (iii)
luaking recommelldations to tIle City Council on sel1ior citizell programs.
The staff liaison is the Parks & Recreation staff menlber who l1as principal
responsibility for senior citizen programs, or SllCll otller person as tIle City
Manager may designate.
(6) Recycling and Solid Waste Reductiol1 Board: 9 positions (nllmbered 1
tlu40ugll 9), witll all positions aIld tile presidil1g officer appointed by the
City COllnciL TIle recycling and solid waste reduction board is
responsible for: (i) studies and reCOlTIlnendations on recyclil1g alld solid
waste and (ii) commU1lity education on matters relating to recycling and
solid waste~ The staff liaison is the Pu.blic Works Director, or StIch other
person as tIle City Mal1ager may designate.
(7) Pllblic Safety Board: 7 positions (numbered 1 tlnougll 7), with all
positions and the presiding officer appointed by tIle City CounciL The
neigllborhood safety board is respol1sible for (i) studies and
recommendations on public safety, il1cluding traffic, al1d (ii) COmml111ity
education on public safety ~ TIle staff liaison is tIle Police Chief or suell
other person as the City Manager may desigl1ate4
(b) Other Bodies ~ Otller committees, commissiol1S or task forces may be created or
appointed from time to time, including tIle Charter Review Conunittee conteluplated by tile
Cllarter~
(c) Notices of Meetings. All boards, commissions, conlnlittees al1d task forces are
reqllested to post the date, time and place of th.eir meetings~ State law l11ay impose ad.ditional
requiremel1ts (e.g., open meetillgs law postings for zoning bodies and th,e Buildillg & Standards
Commission).
(d) Liaisons} Attorney, Engineer. Desigl1ated staff liaisons are authorized to provid.e
su.pport and assistance for eacll board, commissiol1 or committee, incllldil1g expellditures
bud.geted. for tllat purpose. If any project reqllires an lU1USllal all10l111t of staff time or money, it
ShOll1d be approved by tIle City Manager or the City COllllCil. Only tIle Mayor, tIle City Mallager
or tIle City COlU1Cil may autllorize tIle City Attorney or any outside cOllsu.lting el1gil1eer to
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provide services for a bO,ard, COlllmittee, COl1unission or tasl( force.
Sec. 2.012. Organizational provisions, certain bodies.
(a) Application. Tllis sectioll applies to the perlnanellt boards, commissions or
COlllluittees listed ill tllis Cllapter, except to tIle extent otllerwise specified ill state law or allotller
ordinance (e.g., specific provisiollS relating to zoning bodies). It also applies to otller
cOlnll1ittees, commissions, and taslc forces, ullless otllerwise prescribed by tIle City COUI1Cil or
the City Cllarter.
(b) Positions, Qualifications. Each appoilltee, at tIle time of appointluent, lTIllst be a
resident of tIle City. A member who ceases to be a resid.ent of the City shall be deeJned to 11ave
resigned and may be replaced at any time tllereafter, bllt sllall contil1ue to serve u.ntil a su.ccessor
is appoil1ted and qualified. See, also, "Terln lilnits," .below.
(c) Numbered Positions; Terms. Each position sllalll1ave sllccessive terlllS of office, wit}l
. eacll term beginning on September 1 of each odd-llumbered calelldar year and. extelldil1g t11rollgll
Au.gust 31 of the .next following odd-nulubered calend.ar year~ Eacll meluber shall be appointed.
to a specific terll1, or the u.nexpired portion tllereof, of a specific numbered. position. A lllember
s11aIl also serve after the expiration of a term of office Ulltil a successor is selected illld qualified.
(d) Appointn-zents, Vacancies. Appointments for upcoluillg terms lTI,ay be nlade 110 sooner
tllall 60 days prior to tIle beginning of tile term. III tIle eVe!lt of deatll, resignatioll, removal froln
office or any other vacal1CY, a successor shall be appoil1ted to serve the rel1laining ullex:pired
portion of the specific term of office of the vacilllt position. See, also~ "Terln limits," below.
( e) Ren1oval. TIle City Council may remove a lnelnber after providing notice al1d all
opportul1ity for a l1earing to the meluber.
(f) Officers. TIle City Council may from tilue to time d.esignate one meluber as tile
presiding officer, who sIlall serve untilllilotller presidil1g officer is so desigl1ated~
(g) No compensation. Members sllall receive no compe.nsatiol1 for tlleir services. Tllis
shallllot prol1ibit reilubursemellt for actu.al and reasonable expel1ses illcllrred. by autllority oftlle
City Milllager or the City COUllCil.
(11) Quorunl. A qUOTllffi is l1alf of tIle .melnbers appoillted and :holding nOll-vacant
positiollS, bllt l1ever fewer tllan tlTIee.
(i) Term linlits. No persoll s11all be appoil1ted to serve lllore tl1an two COllseclltive ter.ms
(or parts of two conseclltive terms) as a regular luember 011 any permanent board, cOffilnissioll or
cOl1unittee listed above. Notes: Service as all alterl1ate Inember is not counted toward this limit,
and 11otllil1g forbids appointment to a different body for additional terll1S. Exceptions: Tllis
subsection d.oes not apply to: (i) 1101ding over, after the expiration of allY terlTI, (ii) appoilltments
to tIle Senior Services Board, or (iii) appointlnel1ts to lueet a criticallleed, as d.etermined by at
least three-fourtlls of tIle melubers of tIle City COl111Cil present and VOtillg~
Subchapter D. Officers and Employees
Sec. 2.016. City Manager.
(a) Additional Duties~ In additioll to tIle powers and dllties prescribed. by tIle Cllarter, tIle
City Manager sllall:
(1) Devote all workillg time and attelltion to tIle affairs of tIle City and .be
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re~ponsible to the City COlll1Cil for tIle efficient admil1istratiol1 of its
affairs~
(2) Exercise supervision and COl1trol over all departlnellts.
(3) Perf o TIn suell other duties as may be prescribed by ordinallce or resolutiol1
of tIle City CounciL
(b) Residency. Th.e City Manager mayor lnay 110t be a residel1t oft11e City.
Sec. 2.017. City Attorney.
(a) Requestsfor Services. TIle City Attofl1ey sllall provide legal services only WIle!l
requested by the Mayor, tIle City Council, the City Manager or the City Secretary. The City
Attorney is not expected to review agenda items or other ll1atters, l1111ess tllere is SU.cll a reqllest.
(b) Collection Suits~ The City Attorney Inay COlnlnellce and prosecute legal :proceedings
for collectioll of taxes or otller sums due to tIle City, ifreqllested to do so by tIle Final1ce
. Director.
Sec. 2.018. Bonds.
TIle amount of the bOllds conteluplated by Sectioll10.02 of the Cllarter is $10,000 for
eacll officer or elnployee l1alldling money, including tIle menlbers of tIle City COl111Cil, tIle City
Manager, tIle Finance Director, caslliers and any otllers desigl1ated by tIle City Mal1ager~ Surety
cOTIlpanies licensed to do bllsiness by tIle state are acceptable to tIle City Cou.ncil. However, tIle
required amount of the bond is zero at tl10se times, and. for those officers and employees, for
which there is an insurance policy in effect covering substantially the same risl(.
Sec. 2.019. Emergency situations.
(a) Emergency Action. Every officer, agellt or employee of the City, WIle!l acting within
tIle course and scope of City duties and wllile responding to emergellCY calls or reactil1g to
emergency situatiollS, is hereby alltllorized to act in su.ch a manner as to d.eal reasonably and
effectively with tIle emergency. Neither tile City 110r its officers, agents or elnployees sh.all be
lia.ble for any failure to use ordinary care in SU.Cll emergency~
(b) Section Prevails ~ Tllis section sllall prevail, to tIle extel1t allowed. by law, over atlY
other law establislling a standard of care in COl1f1ict witll tl1is seetiO!l, bllt tllis sectioll does not
autIlorize any action in violation of City ordinances or departl11ental policies, practices,
procedllres, orders or rules the!l in effect specifically goverl1il1g emergellcies.
Sec. 2.020. Restrictions on officers and employees.
(a) Prohibited Benefits. Tllis section regulates gifts, favors, :privileges or elnployment
(collectively called. r1benefitst1) as COlltemplated by subsection (b) of Sectio.ll 1 O~04 of tIle City
Cllarter. As provided in su.ch subsection (b), all SU.Cll benefits are prohibited, except for t11e
regtllated benefits defined below. Su.ch regulated .benefits are authorized su..bject to tIle
restrictions stated below.
(b) Regulated Benefits. The followil1g are defined as regu.latecl benefits (bllt see also
Cllapter 36 of the Texas Penal Code for ad.ditional prohibitions of celiaill benefits):
(1) A fee prescribed by law or ordinance to be received by tIle officer or
employee to which the officer or employee is lawfully el1titled or for
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w'lich he gives legitimate COl1sideratiol1 ill a capacity otller tl1all as all
officer or employee.
(2) A benefit conferred 011 account of kinship or a personal, professional or
business relationsllip independent of tIle official statlls of tIle reci:pient.
(3) An honorarillm in COl1sid.eration of legitimate services relld.ered above and
beyol1d official duties and responsibilities if: (i) 11.0t Inore fIlall OIle
honorarium is received froIn tile same person in a calendar year; alld. (ii)
110 more than one 11011orariunl is received. for the sanle service.
(4) A benefit consisting of food, lodging, transportatiol1 or entertairul1ellt for
trips or functiol1S involving official business.
(S) Enlployment (as a salaried worker, 110urly worl<er, partner, agent,
representative or officer, but not illCllldiJlg a sole pro.prietor), bllt only if all
of tIle following cirClullstances are presel1t: (i) TIle officer or elnployee in
question is not a nlll-tl1ne elnployee of tile City, and the 110urS of non-City
el11ployment ill qllestiol1 d.o not prevent tIle 110rmal discharge of City
duties~ (ii) TIle officer or employee has 110 respollsibility or d.uty, on. .beh.alf
oftlle employer, relating to City COl1tracts or transactions. (iii) TIle offi.cer
or employee files a disclosllre affidavit as COlltemplated by Texas Local
Goverl1ffient Code Chapter 1 71 al1d takes 110 part ill allY decisiol1 or vote
on tIle cOl1tract or transaction in questioll. (iv) TIle officer or e.nlployee
receives 110 salary or otller compensation that depends upon, or would be
affected by, an.y City contracts or transactiol1S. (v) City COl1tracts or
transactions are an illsignificant part of the employerts total busilless. If
tIle gross revenu.es attributable to City contracts or tral1sactions are less
t11atl o11e-l1alf of OIle percent of tile total gross revell11es of tIle elllp.loyer in
tile cllrrent year and in eacll of tIle preceding three years, tIle City co.ntracts
or transactions are COllclusively presumed. to be insigllificant, bllt tillS does
not prevent a Sllowil1g of insignificance by other means. (vi) Writtell
affil1natiol1s of cirCUlllstances nUlubered "(ii)rt, "(iv)" aI1d "(v)rf, above,
sign.ed by or 011 behalf of tile em:ployer in question, are filed witll tIle City
Secretary.
(6) Part-time employment (as a salaried or 110llfly work.er) approved. by tIle
officer or employeers department llead or by tIle City Mal1ager.
Sec. 2.021. Personnel policies and procedures.
(a) Handboo/c Adopted Tile City COllilCil approves and. adopts tIle trpersolulel Policies
al1d Employee Handbook, 2000 Editiol1,t1 Wl1ich is on file in tIle office of tIle City Secretary,
together with all mnendmel1ts adopted by ordinal1ce. Nothing in this section or tIle adopted
handbook creates allY COl1tractual or vested. rights of any kind. The City COl111Cil ]las tIle
continuing rig.ht to repeal and to amelld tins section llild the hllild..book at any till1e, alld tIle City
COUllCil does llot purport to surrender or abrogate any of its legislative or regttlatory alltl1ority.
(b) Retirement, Insurance Payments. TIle Finance Director is respollsible for collectiollS,
payments, and reports as reqllired by tIle Texas Municipal Retirement Systel11 ill COll11ectiol1 witll
the federal old age aJ.ld survivors1 insllrance prograln.
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Sec. 2.022. Salaries.
Eacll year, in cOlmection witll tIle proposed blldget, tIle City Mal1ager shall SU.bll1it: (i) a
salary sllrvey and (ii) a recolnmended salary sclled.ule that is at or near illarket, except for public
safety enlployees, for Wllich the salary schedule shall be at market plus five percent. "Marlcet" is
defilled as tIle prevailil1g level of salaries paid by similar cities for similar positiol1S, as
determil1ed by the City Manager.
Subchapter E. Contracts, Payments, Etc.
Sec. 2.025. Contracts and agreements.
(a) Contract Definition. As used in tllis section, tIle term I1contractrl includes writtell
agreements al1d related written dOCllments resembling agreements suell as, for exalnple, perlnits,
bills of sale, releases, easements, deeds, a11d purcllase ord.ers.
(b) Advertisingfor Bids. Tlle City staff is autllorized to advertise for bids witl10l1t prior
Council autllority for tl10se projects autllorized by the current budget. TIle City staff Inay open
bids, in accordmlce witll state law.
(c) Con1pletion, Signing, if Council Approves. If tIle COUI1Cil approves or alltIlorizes a
contract by motion, resollltion or ordillance, wlletller in general or specific tellTIS: (i) tIle City
Mallager is authorized to assemble, l1egotiate alld do all other tllil1gS l1ecessary to cOlnplete tIle
COlltract and COllsummate tIle transactiol1S approved or au.tl1orized by the COll.11Cil, and (ii) tIle
Mayor or tile City Mal1ager ll1ay execute it for and. on .bellalf of the City. In addition, either tIle
Mayor or tIle City Manager may execute any of tIle followil1g to tIle extent tl1at they relate
directly to suell a COl1tract:
(1) Sllrety bonds.
(2) Cllange orders al1d al11endlnents to the contract, bllt OIlly tllose w]licll,
il1dividllally, do not illvolve all expel1diture in excess of $25,000 or whicl1
clllnulatively do llot exceed 10 per cellt of tIle estil11ated. expellditure ullder
tile origillal contract.
(3) Other notices to tIle contractor Wllicll do .not increase the expenditllre
under the contract.
(d) Contracts Not Requiring Council Approval. TIle City Manager is alltl10rized to
execute the following contracts for and on behalf of tIle City witllOllt prior su.bmission to tIle
COUI1Cil:
(1) Emergency contracts Wl1ich are necessary to preserve life or property,
ul1der cirCllillstances wilen it is llecessary to take il11mediate actiO]l alld it is
impractical to await a Councilrneeting.
(2) Contracts for ordinary City busilless, provided: (i) tile total expellditure of
suell a contract signed by tIle City Mal1ager does 110t exceed $25,000; (ii)
tile contract does not allow tIle llse of City property, except on a
Uterminable-at-willU basis; (iii) tIle Director ofFi11an.ce llas certified. that
funds for the COlltract are available; (iv) tIle City Attorl1ey llas reviewed.
tIle COlltract or tIle cOlltrolling features of tIle form llsed.
(3) Purcllase orders o.n tIle Cityrs standard form. TIle City Mal1ager Inay
delegate authority to execute Pllrchase orders for less tha11 $5,OOO~
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(4) C~~nltracts incllldillg releases for claims against the City for Inaney
damages, provided that any payment by the City is lilnited to $2,500 per
occurrence.
Sec. 2.026. Payments, checks and signatures.
(a) Paynlent Procedures. TIle City staffrnay Ina!(e a paYlnellt to discl1arge a City
o bligatiol1, if:
(1) tIle payment is bu.dgeted;
(2) any applicable Charter procedures requirillg a budget certificate are
complied witll;
(3) tIle payment is requ.ested by an appropriate departlnent l1ead or tIle City
Manager;
(4) payment is made by ch,eck signed by tIle City Treasllrer and at least OJle
otl1er officer designated by tIle City Council.
(b) Facsimile Signatures. Officers allthorized to Sigl1 checks lnay llse Inal1ual or
facsil11ile signatllres subject to TEX.REV.CIV.ST A T.ANN. art. 717j-l. For allY d.ocume:nts for
Wllicll a facsinlile sigl1ature of tIle City Secretary is au.tllorized, tIle City Secretary Inay llse a
facsiluile seal.
Sec. 2.027. Acquiescences to encroachmentsoa
(a) General Authorization. Either the City Mal1ager or tile Mayor l11ay execute
acqlliescences to encroachmellts llpon City easemellts if all of tIle following CirCUlTIstances are
present:
(1) TIle executing officer determines tllat tIle el1croaclul1el1t will not
significantly 11illder present or future City operatiollS, whicll deterll1inatioll
sllall be evidel1ced by tIle officer1s execution of tIle acquiescellce
documel1ts.
(2) The acquiescence docUlnel1t does 110t purport to lil11it or to affect any of
the City's regulatory or .police powers, inclllding the zonillg ordillaIlce.
(3) The acquiescence documel1t provides tllat tIle encroaclUl1ellt l11ay be
renloved at tIle discretion of the City, if required in. t]le fllture.
(4) Applicable ad'ministrative provisions for tIle acquiescence have been
cOlnplied witll.
(5) TIle City Attorney has reviewed tIle d.ocument or tIle controlling featllres
of tIle form~
(b) Optional Referral~ Eitller the City Manager or tIle Mayor Inay refer an.y reqllest for
an acquiescel1ce to the City Council.
Subchapter F. Investment Policy
Sec. 2.041. Generally"
(a) Application. This divisiol1 applies to all investments of City funds. TIle City is
authorized to purcllase, sell, and invest its ful1ds and funds tInder its C011trol in il1vestlnel1ts
su.bject to the following policy.
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(b) Laws and Objectives. Funds of the City will be i11vested in accordal1ce witll C11apter
2256, TEX~ GOV'T CODE and otller applicable reglllations. TIle City's overall objectives ill
mallaging its illvestnlel1t .portfolio are, in order of iUlportallce:
(1) Preservation alld Safety~ Preservatiol1 and. safety of tIle prin.cipal alnoullt
involved~
(2) Liquidity. TIle City must have sufficient cash on l1al1d to meet currel1t
needs
(3) Marketability. Investments mllst be readily marl(etable or otllerwise
cOl1vertible to casll.
( 4) Diversification~ Il1vestments Inust be diversified so that any difficulties
witll one type of securities or one seller or institution willllot affect tIle
otllers ~
(5) Yield. Investmel1ts sllall yield at t11e l1igllest possible rate ofretllfll wl1ile
:providing l1ecessary protectioll of the principal consistent witl1 tIle terlTIS
set fortIl in tllis policy.
(c) Investn1ent Strategy~ As required by C11apter 2256, atl integral part oftllis policy is a
strategy for each of tIle fUl1ds or group of funds under the Cityls co.ntroL 111 ord.er to efficiently
illvest the funds under its control, tile investment officer may pOOllTIOre t11an one ful1d. into a
pooled il1vestment portfolio (except as otherwise required by covenallts ill bond ordil1allces,
credit agreements as defined. in Cllapter 1371, TEX. GOV'T CODE or otller ap.plicable
regulatiol1s), provided tllat tIle luaximum dollar-weighted average maturity allowed for suell a
pool sllall be 365 days. T11is illvestlnent policy furtller recognizes tIle u.nique cl1aracte:ristics of
the differellt ftulds of the City, togetller Wit}l a11l1nderstanding of the suitability of eac11
investnlellt to the finallcial requirements ofth,e City. To tllis end., the City l1as establisl1ed the
following strategy for each fund or group of funds as follows:
(1) General Fund. The investmel1t objectives of tIle City's Gel1eraI Fllnd. are
to use suitable investn1ents to preserve tIle safety of principal, ll1axilnize
liquidity, diversify, and nlaximize yield. TIle strategy to meet t11ese
objectives will be to invest ill eligible investments aut110rized by tllis
policy, provided that: funds need.ed for the Cityrs day-to-day operatil1g
expellditllres will be available on short notice, al1d i11vestnlents of
operatil1g reserves will rnatllre no later thal1 tlu.ee years after tIle date of
tIle purcllase~
(2) Debt Service Fl111d. TIle il1vestmel1t objectives of tIle Cityrs De.bt Service
FUlld are to use suitable investlnellts to preserve tile safety of principal,
maximize liquidity, diversify, and maxinlize yield talcing into account tIle
timing of the City's debt service paYlnel1ts. The strategy to lneet tllese
objectives will be to invest in eligible il1vestments allthorized by this
policy, provided that nUlds needed to meet tIle Cityrs next debt service
paYlnel1t will be il1vested with a maturity no later tllan the date tIle debt
service paynlent is dlle, and funds ill tIle debt service reserve will be
invested witll a maXimlUTI. stated Jl1atllrity date 110 luore thaIl t11ree years
after tIle purcllase.
(3) Constructiol1 FUllds. TIle il1vesttnent objectives of tIle City's COl1strllction
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Fq.nds are to use suitable investluents to preserve tIle safety of prillcipal,
maximize liquidity, diversify, al1d lnaximize yield takil1g into aCCOullt tile
Cityrs planned or potential capital projects tl1at may require tile
expenditure of tIle fwlds il1vested. TIle strategy to Ineet t11ese objectives
will be to il1vest ill tIle eligible investmellts allthorized by tIlis policy,
provided that: funds needed to n1eet tIle City's planned capital projects will
be invested. to Inature 110 later tllan tIle date(s) tIle funds will be lleeded to
lual<e scl1eduled payments for tIle project, illld funds 110t designated for
.planl1ed capital projects will be illvested witll a maxillluln stated 111atu.rity
date no more tllan tl1Tee years after tIle purchase.
(4) Special Revenue Funds. The investment objectives of the Cityts Special
Revenu.e Fu.nds are to use Sllitable investlnellts to preserve tIle safety of
principal, maximize liquidity, diversify, and Inaxiluize yield~ TIle strategy
to Ineet tl1ese objectives will be to invest ill eligible il1vestruents
autIlorized by tllis policy, provided t11at funds needed. for the special
purposes tIle funds will be available as .needed, al1d investmellts of
reserves will l11ature no later than tlrree years after tIle date of tIle
pllrchase~
(5) Enterprise Fund. The investment objectives of tIle City1s El1terprise Fl111d
are to use suitable investments to preserve tIle safety of pril1cipaI,
maxil11ize liqllidity, diversify, alld maxilnize yield. Tile strategy to meet
tllese objectives will be to illvest in eligible investluents authorized. .by tllis
policy, provided tllat fiUlds needed for tIle City's day-ta-day operatil1g
expel1ditures in the Enterprise FUl1d. will be available 011 S1101t 11otice, al1d
investmellts of reserves will filature no later thaIl three years after tIle date
of tIle pUTchase.
(6) All Other FUl1ds~ TIle investlnent objectives for all otller City fUlld.s are to
llse suitable investlnents to preserve tIle safety of pril1cipal, Inaximize
liquidity, diversify atld maximize yield.. TIle strategy to l11eet tllese
objectives will be to invest in eligible investments autllorized by tllis
policy, provid.ed tllat funds lleeded. for the fund.'s day-to-day operatil1g
expenditures will be available on short notice, and i11vestll1el1ts of
available operating reserves will filature no later tllan tllree years after tIle
date of the purchase.
Sec. 2.042. Investment Officer.
(a) Designated Investment Officer. TIle Director of Final1ce is desigl1ated. tIle illvestlnent
officer. The illvestment officer sllallllave tIle authority to execute sale al1d. purcllase trarlsactiol1S
in accordance with tllis Code and to transfer nlnds betweel1 allthorized il1vestlnellts. WIlen
requested to do so .by tIle Director of FinatlCe, or in tIle absellce of t]le Director of Finance, tile
City Manager or tIle Assistllilt Director of FinaI1Ce filay act as i11vestnlent officer.
(b) Prudent Investor Rule. Investlnents sIlall be lnade witll judglnent al1d care, l111d.er
prevailing cirCUlnstal1ces, tllat a persoll of pru.dence, discretiol1 and illtell:igeJ1Ce WOllld exercise in
tIle .management of tIle person's own affairs, 110t for specu.latioll, but for illvestlnent, COllsidering
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the .probable safety of capital al1d tIle probable illcome to be d.erived.~ 111 deterlninil1g wIle tIler tIle
investlnent office has exercised prudence with respect to an investment decision, the
deterlnination shall be made taking into consideration:
(1) the investtnent of all funds llnder the City's COl1trol, rat11er tllan a
COllsid.eration as to tIle prudel1ce of a sil1gle il1vestl11el1t; alld.
(2) wl1etller tIle illvestment decision was COl1sistellt witll tllis pol.icy~
( c) Monitoring~ The investl11el1t officer will routinely Inonitor tile Inarlcet price of
investments acquired witll public ftInds as well as tIle available markets and tile relative vallles of
competing illstruments, atld will adjllst tIle portfolio accordillgly. Monitoring metllods will
includ.e examination of periodic statemellts froIn investluent pools alld fl1l1ds al1d. review of
luarket data froln banl(s, other sellers of investmel1t seCllrities or third parties.
(d) Investment Training Session. TIle illvestlnellt officer al1d the Assistant Director of
Fil1ance will attelld at least one training session relating to t]le il1vestlnel1t officerrs
. respol1sibilities witllil1 twelve lTIOllths after assllming d.uties of investment officer and at least
once every two calendar years thereafter, as required. by Chapter 2256. Trailli11g lllllst in.clllde
education on il1vestment COl1trols, security risl<s, strategy risl<s, Inarl(et risl(s, and cOlnpliallce
wit11 the Public Funds Investlnent Act.
(e) Personal Disclosure. TIle in.vestmel1t officer, City Mllilager, or Assistal1t Director of
Fillance lllUst file a disclosure statement in accordaJ.lce witll Cllapter 2256 if any suell persoll11as
a :persol1al or business relatiol1s11ip with atl elltity offering to engage in all investnle11t transactio.n
with tIle City or seel<ing to sell an investmellt to tile City, or is related witllin tIle second degree
by affinity or consangllinity (as determined by Chapter 573, TEX. GOV'T CO.DE) to an
individllal seel<ing to sell an investment to tIle City.
Sec. 2.043. Internal controls.
(a) Written Procedures. TIle Director of Finance shall establisll writtell procedures
desigl1ed to prevent loss ofpu.blic funds d.ue to fraud, error, luisrepresel1tatioll, tlleft,
unanticipated market cllanges, and impru.dent actions~
(b) Audit. III COlUlection witIl the alIDu.al audit, tIle Cityts ind.epelldent auditors will
perf Of In all annllal compliallce audit of the Cityts internal controls applicable to tIle il1vestnlellt of
City funds 811d adherence to this policy ~
( c) Annual Revie-vv. Each year, COllCl1114ent with tIle delivery of tIle fil1al investlnel1t report
or audit, City Council will review this policy.
Sec. 2.044. Investment instruments.
TIle City may only be invested in investluents authorized. by Chapter 2256, furtller
limited to the investlnents listed below:
(1) Direct obligations backed by the full faitll and credit of tIle U11ited. States
Government luaturil1g ill tllree years or less.
(2) Obligations of agencies of the Ullited States Governlnellt lnaturillg ill two
years or less.
(3) Certificates of deposit not exceedillg 36 months in lengtll, Wllich are
insured by Federal Deposit Insurance or whic11 are nllly collateralized.
under a pledge agreelnent approved by tI1e City. Bids for certificates of
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obJigation may be solicited orally, in writil1g, electrol1ically or ill allY
combination of tl1ese Inethods.
(4) Texpool or otller eligible investluel1t pools authorized by a separate
resollltion, and the Clln1111ative illvestlnellt nlay 110t exceed 50% of tIle
City's total illvestlllent portfolio.
(5) A llo-load money Inarket mutual ful1d aut110rized by a separate resollltiol1,
and cumulative investment may not to exceed 50% percel1t ofth.e
investulent portfolio.
Sec. 2.045. Qualified Institutions.
(a) Financial Institutions List. The Director of Finallce sllaIlnlaintaill a listing of
fil1ancial institutions approved for investluent purposes. Tllese institutiollS will be evaluated
from time to tilue, as circumstances dictate, to aSSllre their creditwortllilless.
(b) Requiren1ents. In order to purcllase or acqllire investluel1ts, tile entity lTIllst:
(1) be eit11er the City's depository or specifically approved by a resollltiol1 of
tIle City COUllCil;
(2) aclmowledge tile receipt of a copy oftllis ordinance ill writing; and
(3) provide written assurances that it has implemented reaso:nable controls and.
procedllres to preclude investment transactions condu.cted between tIle
City and tIle organizatioll that are 110t autllorized by this policy.
Sec. 2.046. Safekeeping.
(a) Third-Party SafekeepingK All i11vestlnent securities purchased directly by tIle City
shall be l1eld by the City or in tllird-party safekeeping by an institutiol1 desigl1ated as Cllstodian
by tIle City COUI1CiL A safekeeping receipt shall be issued and delivered. to the City listing tIle
specific instrument lleld. in safekeeping, rate of retufll, luaturity atld. otller perti.l1ent il1foTlnatiol1.
(b) Deposit-type Securities~ Certificates of deposit are to be pllysically delivered. to City
contemporaIleously witll purc11ase.
(c) Delivery vs. Payment Method. SeCllrities will be pllrcllased. using tile delivery vs.
paymellt l11etllod. Tllat is, funds will n.ot be wired or paid. 11l1til verification. lIas been Inade t11at
tIle correct security was received by tIle trustee. The security will be l1eld in tIle City's n.arn.e or
in a third party's name 011 bel1alf of tIle City. TIle trustee's records will assure tIle n.otatiol1 of tIle
City's ownersllip of the explicit claim to tIle securities.
(d) Insurance. Investmellts in the pllysical custody of tIle City will be covered by
Insurance.
Sec. 2.047. Reports.
N at less than quarterly, t11e investment officer shall prepare and submit to the City
Council a written report of investmel1t trilllsactions for all fllnds covered 'by tile :policy for tIle
preceding reportil1g period and other matters, all in accordance with Cllapter 2256.
A-I3
Subchapter G. Elections
Sec. 2.051. Elections.
City elections are goverl1ed by tIle Cllarter and. state laws, incllldil1g tIle Texas Election
Code. TIle Mayor, the City Manager and tIle City Secretary are alltllorized: (i) to do all tllings
required .by tIle C11arter or state laws and (ii) to tal<e any ot11er action reasonably necessary for an
efficieJlt and fair electio.n~
Subchapter H. Records Management
Sec. 2.111. Definitions.
(a) Certain tern1S. In this subcllapter:
(1) Custodian includ.es has the same Ineal1ing as in tIle Local Goverll111ellt
Records Act and sllall.be construed to apply to eacll City departl11el1t l1ead4
(2) Local Government Records Act meal1S Texas Local Govermnent Code,
Subtitle C, Title 6 (S~201 ~OOl et seq~).
(3) Records liaison officers Ineans tIle persons so designated in accordmlce
with tllis subchapter~
(4) Records management con1mittee meatlS the COlnnl1.ttee established as SllCh
ill this subchapter.
(5) Records management officer memlS the 1101der of tIle office of City
Secretary 4
(b) Others. Terms defined ill tIle Local Govermnent Records Act (e.g., esselltial record,
record, records control sclledule, records management~ record.s lnru.lagenlellt plan, retel1tiol1
period) l1ave tIle same meanings ill this su.bchapter and shall be co.nstrued as applyillg
specifically to the City as the H local governmellt. H
Sec. 2.112. In generaL
(a) City Ovvnership. All records are l1ereby declared to be City property~ All records
shall be created, Inaintailled and disposed of in accordance witll this su..bcllapter alld il1110 otller
manner~ No City official or elnployee l1as, by virtue of a City position, any personal or property
rigl1t to stIch records even thOllgh the person may l1ave d.eveloped. or compiled tlleln~ It sllaIl be
lUl1awflll for allY perSOll to destroy or lual<e private use of records or to relTIOVe tllelll frol11 City
possessioll or controL
(b) Policy. It is policy of the City to provide for efficient, econolnical and effective
controls over the creation, distribution, organization, maintenance, use and dispositioll of all
records thrOUgll a cOlnprellensive system of integrated procedllfes for tIle management of record.s
fronl tl1eir creatioll to tlleir ultimate disposition, consistent with tl1e reqlliremellts of tile Local
GoverlID1el1t Records Act and accepted records ll1anagement practice.
Sec. 2.113-Sec. 2.116. Records management committee.
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(a) Created. TIle, records managenlel1t committee is establislled~ It COl1Sists of the
records managelnent officer, tIle City Manager, tIle Finance Director, Public Worl(s Director., tIle
Parks and. Recreation Director, tIle Fire Cllief, tile Police Cllief al1d two records liaison officers
designated by the records ffiaJ.lagelnent officer.
(b) Duties. The committee shall:
(1) assist tile records IDallagement officer ill tIle develoPlnent of policies al1d
procedures goverllil1g tIle records management program;
(2) review the performal1ce of tIle program 011 a regular basis a11d propose
cllanges and improvements if needed;
(3) review and approve records COl1trol sclledules sub 111 itted. by tIle records
Ulanagement officer;
(4) give fillal approval to tIle destruction of records in accordance witl1
approved records control scl1edules; and.
(5) actively support and promote tile records manageme11t program througllout
tIle City.
Sec. 2.117. Records management plan.
(a) Developn1ent. TIle records managenlent officer and tIle records lTIllilagelnent
cOlnmittee shall develop a records managelnent plan llild review such plan rnillually. Tile plan
lllllst contain policies alld procedures designed to: (i) reduce tile costs and improve tIle efficien.cy
of record keepil1g, (ii) adequately protect tIle essential records of the City, (iii) properly preserve
those records of the City tllat are ofIlistorical valu.e, (iv) provide a records center llnder tIle direct
COlltrol and su.pervision of tIle records management officer, (v) enable tIle records Inal1agelnellt
officer to carry out duties prescribed by law, or tllis Code, effectively, aIld (vi) provide for
micrograpllics as required below.
(b) Effect. 011ce approved by tIle City Cou.llcil tIle records ffillilagel11el1t plan sllalI be
bil1dil1g on all offices, departments, divisiol1S, progrmlls, COI111UissiollS, bureaus, boards,
committees or Sil11ilar entities of tIle City, al1d records sIlall be created., Inaintained, stored and
l11icrofillued ill accordance with tIle plall.
(c) Con-zpliance. State law relating to the duties, other responsibilities, or record keepillg
reqllirenlents of a d.epartmellt head d.c not exempt tIle department llead or tIle records in tIle
departnlel1t head's care from the application of this Code, or tile records mmlagel11el1t platl, alld
luay 110t be tlsed as a basis for renlsal to participate in tIle records managelTI,ent prograln of tIle
City ~
Sec. 2.118. Duties of records management officer.
In addition to other d.uties assigned in this Code or the Local Goverlll11el1t Records Act,
Texas Government Code, Sec~ 203.023, the records nlaJ1agement officer sIlall:
(1) plan, formulate, and. prescribe records disposition :policies, systelTIS,
stand.ards and. procedures;
(2) in cooperation witIl custodians, identify essential records and establisl1 a
disaster plan for each City office and department to enSllre maxiInu.ln
availability of the records ill order to reestablisl1 operatiol1S quicl<ly alld
witll mil1il11um disrllPtion and expense;
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(3) develop procedures to ensure tIle perl11allellt preservatiol1 of tIle
11istorically valuable records of tIle City;
( 4) establish standards for filing alld storage equipmellt alld for record k.eepillg
supplies;
(5) stlldy tIle feasibility of al1d, if appropriate, establish a 11l1iform filillg
system and a forIns design and control systenl for tIle City;
(6) provide records mallagement advice al1d assistance to all City departtnents
by preparatiol1 of a Inallllal or manuals of procedure and policy alld by 0.11-
site conSllltation;
(7) monitor records retentiol1 sclled.u.les and admin.istrative rules issued. by tIle
Texas State Library and Archives Co.mluission to d.etermil1e if tIle records
management program and tIle City's records COl1trol sclledllles are ill
compliance with state regulatiollS;
(8) instruct records liaison officers llild otller persolmel ill policies and.
procedures of tIle records managemel1t plall and tlleir dllties in. tIle records
mallagement program;
(9) direct records liaison officers or other personnel ill tIle co.nduct of records
il1ventories in preparation for tIle development of records COl1trol
sclledllles as required by state law and tllis Cod,e;
(10) ensure tllat the nlaintenance, preservatiol1, microfilrnillg, destruction, or
other disposition of records is calTied out in accordance witll tIle policies
81ld procedures of tIle records lnanagelnel1t program and tIle reqllirel11ents
of state law;
(11) lllaintain records on tIle volume of records destroyed. Ullder approved
records control sched.ules, the volume of records luicrofilmed or stored
electronically, and tIle estiInated cost al1d space savings as the result of
such disposal or dispositioJl;
(12) report annually to the City Council 011 tIle implementation of the records
l11anagemel1t plan in each departmellt of tIle City, il1Clu.dillg SlUTI.lllar.i.es of
tIle statistical illld. fiscal data compiled. under this seetioll; and
(13) bril1g to tile attention oft11e COU11cillloncomplial1ce by al1yone witll tIle
policies and procedures of the records managelnellt progral11 or tIle Local
Government Records Act.
Sec. 2.119. Records liaison officers.
Each departl11ent head s]lall designate at least one staff Inember to serve as records liaison
officer for tile departlnent III addition to otller duties assigl1ed in tl1is Code, records liaisol1
officers shall:
(1) CO.11.dllCt or sllpervise inventories oftlle records of tIle departnleIlt for
records COl1trol scl1edules;
(2) Witll the records Inatlagement officer, carry out tIle records Inanagel11el1t
program in tlleir departments; and
(3) dissemil1ate il1formation to departnlel1t staff concernillg the record.s
manageluel1t program~
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Sec. 2.120. Records control schedules.
(a) Preparation. TIle records managemeIlt officer, ill cooperatioll witll d.epartmellt heads
and records liaison officers, sllall prepare records control sclledllles 011 a department-by-
departlnent basis. After the sched.u.les are approved, tlley s11all monitor tile schedllles alld
recom.mend amel1dments.
(b) Adoption. A records control sclledule (or amellded scl1edule) is 110t adopted. Ulltil it is:
(i) approved by tIle departl11ent l1ead of tIle affected departl11ellt al1d tIle records Inal1agelne.nt
cornmittee, al1d (ii) Sllbmitted. alld accepted for filil1g as required .by tIle Local Goverruuellt
Records Act, Texas Government Code, Sec~ 203.041.
Sec. 2.121. Same-Implementation; destruction.
(a) Implen1entation. An adopted records COl1trol scl1edule sllall be implenlented
. according to the policies aJld procedures of the records ffiatlagement plan. Records Inay be
destroyed or disposed of subject to tIle Local Govertunent Records Act, Texas Goverl11uel1t
Code, Sec. 202.001, but DIlly after approval by tIle records m811agelnel1t cOlnnli.ttee.
(b) Destruction. Records may also be destroyed as alltllorized by Texas Local
Governmel1t Code, C11apter 204 (relating to .microfilluing) or by otller applicable state law&
(c) Destruction, Not Listed A record not yet listed. 011 illl approved records co:ntrol
sclledllle Inay be destroyed if its destructioll is approved. ill the sanle mmUler as a record
destroyed ullder illl approved schedule and ap.proved by tIle (state) director alld librariall.
Sec. 2.122. Micrographics.
Ullless otllerwise approved by tIle City Council, all microfilmil1g of records will be
celltraIized and llnder tIle direct su.pervision of tIle records rnan,agement officer. TIle record.s
ffillilagement plan will establisll policies and procedures for tIle luicrofiIlning of records,
illclllding :policies to enSllre tl1at it is d.one in accordance witll stal1dards alld procedllres
established ill nlles of the Texas State Library al1d Archives C01TIlnission. The plan will also
establis11 criteria for determining tile eligibility of records for nlicrofilllTi11g, and protocols for
ensuring tI1at a l11icrofilming program tllat is exempted fro 111 tIle celltralized operatiollS is,
nevertlleless, subject to periodic review by tIle records Inanagel11el1t officer as to cost-
effectiveness, adll1inistrative efficiency, alld cOlnplial1ce witll commission rules.
Subchapter I. Disability Grievances
Sec. 2.141. Purpose and scope
(a) In general. The purpose oftllis subcllapter is to secure, in tIle easiest and IllOst
efficiel1t Inaruler, resolution of grievances. A grievance sllall be defined broadly to inclllde allY
complaint or concern regarding access or alleged discriminatio.n u.nder tile Alnericans with
Disabilities Act or similar state or federal laws. TIle procedllres ill tllis Sllbcllapter sllall be
available to all illdividllals llsing the services and facilities of tIle City, applicants for
emploYlll,ellt witll tIle City, and all employees of the City.
(b) Time to submit. All grievances shall be sllblnitted wit11ill 180 days after th,e grievllilt
leaflls oft11e QCCUrrellce giving rise to tIle grievance. For good cause SllOWll, tIle BSC Inay
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extend this tilne period 8!ld any other deadlines luentioned in tllis su.bchapter. Grieval1ces,
appeals and other submissions may be dismissed if tl1ey are 110t timely submitted.
(c) A.DA Coordinator. TIle ADA Coordinator is tile Buildil1g Official, or SU.Cll ot11er
person as tIle City Manager may designate from time to time.
Sec. 2.142. Step-by-step procedures
(a) Step 1: Submission to ADA Coordinator. All grievances are to be sublnitted ill
writillg to the ADA Coordillator and shall set fortIl: (i) tIle nature of tIle grievance, (ii) tIle facts
llpon which it is based, (iii) tIle specific nature of tIle perceived barrier to access or alleged
discrimil1atiol1, al1d (iv) the reliefreqllested. Witllin tell days of receiving sllell a grieval1ce, tIle
ADA Coordi11ator will offer to meet with tile grievant and attelnpt to resolve tIle grieval1ce. TIle
ADA Coordillator will provide a written response within ten days of tIle meeting.
(b) Step 2~. Appeal to ESe. If tIle ADA Coordinator's response does 110t resolve tIle
. grievance to the satisfaction of tIle grievant, lIe or slle may su.bmit a writtell appeal. Tile appeal
Inust be Sllbmitted to tIle BSC (c/o tIle BSC Secretary) within tell days following receipt of tIle
ADA Coordillator's response. Eacll SU.cll appeal will be consid.ered ill writtell forIn by t11e BSC
at its next regular meetiIlg for wIliell, as a practicalluatter, tllere is sufficiellt tilue to inclu.de tIle
appeal on tIle agend.a. TIle BSC may request advice or data fro 111 an expert in tIle specific
disability area related to the appeal. Following tIle BSC's co.nsid.eration of the written. appeal,
tIle BSC will provide an opporttlnity for a public Ilearil1g, at which tile grievant Inay present tile
grieva11ce and tIle desired relief. Notice of tIle 11earing will be givel1 to tIle grieval1t in writing
alld by posting notice as reqllired by tile Open Meetillgs Act. TIle llearillg s11all be opell to t11e
public. Note: Witll COnSe!lt of tIle grievant, tIle pllblic l1earing may be held dllrillg the salue
meeting at Wllich the BSC first considers the written appeal. TIle BSC shall issll.e a written
decision witllin 45 days of the meeting at Wl1ich tIle BSC first COllsiders tile writtell appeaL
(c) Step 3: Appeal to City Council. If tIle BSC's decisiol1 does 110t resolve tIle grievance
to tIle satisfaction of tIle grievant, Ile or she lnay SUbluit a writtel1 appeal~ The reqllest .nll1st be
SUb111itted to tIle City COllnciI (c/o tIle City Secretary) within ten days following receipt of tIle
BSC's decisiol1. TIle appeal sllall be l1eard. by the City COUllCil ill a Pllblic 11earillg. A decisiol1
l11Ust be Inad.e Witllil1 35 days following the public l1earing. All decisions oftl1e City COUI1Cil
sllall be final.
Sec. 2..143. Records
Records of proceedillgs al1d actioll takell 011 eacll grievllilce must be Inailltained for each
level of the process. All BSC proceedillgs related to tIle grievllilce s11all be recorded (eit11er
electronically or stellographically), alld tIle recordillg shall be mail1tained arllong tile BSC
reeD rd.s.
Sec. 2.144. Reprisal prohibited.
Reprisal against any grievallt or witness is prollibited. No individllal's rigllt to prOlnpt
and equitable resolutiol1 of a COl11plaint sllall be impaired by l1is/ller purSllit of other rell1edies,
such as tIle filing of a complaint with tIle U.S. Departmel1t of Justice or allY otller appropriate
fed.eral agency. Fu.rtllermore, tIle filillg of a lawsuit in state or federal district court can occur at
allY tilne.
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