Title 28, chapters 1–10, Revised Civil Statutes of the
State of Texas 1925, and amendments thereto, are hereby adopted for
the city, and the government of the city and its affairs are guided
thereby.
Editor’s note–Pursuant to an election
held January 19, 1991, the city council adopted Ordinance No. 9104-183
of April 8, 1991, establishing the city manager form of government
with the conditions of employment to be provided by agreement with
the city manager.
(1987 Code, ch. 1, sec. 16A; 2001
Code, sec. 1.501)
The fiscal year of the city is hereby designated as beginning
with the first day of October each year and closing the last day of
September next ensuing thereafter.
(1987 Code, ch. 1, sec. 14; 2001
Code, art. 1.300)
Designation of the official newspaper shall be made annually
by resolution of the city council.
(Ordinance adopting 2001 Code; 2001
Code, art. 1.400)
The governing body of the city is authorized to appropriate
from the general fund of the city an amount not exceeding five cents
($0.05) on one hundred dollars ($100.00) assessed valuation for the
purpose of advertising and promoting the growth and development of
the city in accordance with V.T.C.A., Local Government Code, section
371.021, pursuant to an election held June 17, 1958, at which the
proposition was approved by a majority vote.
(1987 Code, ch. 1, sec. 18; 2001
Code, art. 1.600)
(a)
It
is hereby declared by the city council that a policy setting the procedure
for the naming or renaming of a street within the city limits be set.
(b)
The
requestor initiates the process with a letter to the city manager.
The letter must state the reasons for the request. The city manager
will then notify the city secretary of the request.
(c)
The
city secretary shall draw up a form for the property owners’
signatures. The city secretary (or designee) shall provide a list
of the property owners to the requestor. The requestor is required
to get signatures from the property owners granting permission for
the street name/rename change. The signatures must be those of the
property owners who have property on the street in question. All the
property owners’ (those for or against) signatures must be obtained
before the request will go to the city council for consideration.
Prior to the council taking action on the request, there shall be
a public hearing, allowing time for property owners to voice their
concerns, if any.
(d)
There
shall be an application fee as set by the city council and on file
in the office of the city secretary.
(Ordinance 2014-500 adopted 5/19/14; Ordinance adopting 2020 Code)
The city hereby offers a reward up to ten thousand dollars ($10,000.00)
for the arrest and conviction of any person found guilty of committing
a felony within the corporate limits of the city. The city council
shall be the sole and exclusive judge in determining eligibility for
the reward.
(Ordinance 2014-507 adopted 11/17/14)
(a)
A
user fee shall be charged to each user making a payment with a credit
card to pay any fee, fine, permit, utility bill and/or other funds
due the city.
(b)
The
fee is to be charged per use, and charged to the user’s card
at the time of use.
(c)
Fees
are set by resolution of the city council and are kept on file in
the office of the city secretary.
(Ordinance 2015-513B adopted 9/14/15)
(a)
Generally.
The seal of the city shall be as follows:
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(b)
The use of seal.
The city secretary or designee, acting
as the custodian of the official seal of the city, is authorized to
use the city seal on any ordinance, resolution, honoraria, certificate,
notarial jurat or acknowledgment, or other instruments necessary to
authenticate official city documents or to indicate institutional
sanction for official, legal and ceremonial purposes. The city seal
shall only be used for the official business of the city.
(c)
Amendment of city seal.
The city seal may be altered
according to a resolution of the city council.
(d)
Custodian of city seal and other council-adopted seals.
The city secretary shall be the official custodian of the city seal,
and any other city seals adopted by city council.
(Ordinance 2021-604 adopted 4/12/21)
The city shall never be liable for any claim for property damage
or for personal injury, whether such personal injury results in death
or not, unless the person damaged or injured, or someone in his behalf,
or, in the event the injury results in death, the person or persons
who may have a cause of action under the law by reason of such death
or injury, shall, within sixty (60) days from the date the damage
or injury was received, give notice in writing to the city manager
or city council of the following facts:
(1)
The
date and time when the injury or damage occurred and the place where
the injured person or property was at the time when the injury was
received.
(2)
The
nature of the damage or injury sustained.
(3)
The
apparent extent of the damage or injury sustained.
(4)
A
specific and detailed statement of how and under what circumstances
the damage or injury occurred.
(5)
The
amount for which each claimant will settle.
(6)
The
actual place of residence of each claimant by street, number, city,
and state on the date the claim is presented.
(7)
In
the case of personal injury or death, the names and addresses of all
persons who, according to the knowledge or information of the claimant,
witnessed the happening of the injury or any part thereof and the
names of the doctors, if any, to whose care the injured person is
committed.
(8)
In
the case of property damage, the location of the damaged property
at the time the claim was submitted along with the names and addresses
of all persons who witnessed the happening of the damage or any part
thereof.
(1987 Code, ch. 1, sec. 21A; 2001
Code, sec. 1.801)
No suit of any nature whatsoever shall be instituted or maintained
against the city unless the plaintiff therein shall aver and prove
that previous to the filing of the original petition the plaintiff
applied to the city council for redress, satisfaction, compensation
or relief, as the case may be, and that the same was by vote of the
city council refused.
(1987 Code, ch. 1, sec. 21B; 2001
Code, sec. 1.802)
All notices required by this division shall be effectuated by
serving them upon the city secretary at the following location: City
Hall, 317 Main Street, Smithville, Texas, and all such notices shall
be effective only when actually received in the office of the person
named above.
(1987 Code, ch. 1, sec. 21C; 2001
Code, sec. 1.803)
Neither the city manager, a city council member nor any other
officer or employee of the city shall have the authority to waive
any of the provisions of this division.
(1987 Code, ch. 1, sec. 21D; 2001
Code, sec. 1.804)
(a)
The
above written notice requirements shall be waived if the city has
actual knowledge of death, injury or property damage likely to result
in a claim against the city. The city shall not be deemed to have
actual knowledge unless that knowledge is attributable to an appropriate
city official whose job duties include the authority to investigate
and/or settle claims against the city.
(b)
Notice
requirements shall likewise be waived in cases in which the plaintiff
can demonstrate good cause or civil rights violations.
(Ordinance adopting 2001 Code; 2001
Code, sec. 1.805)
The written notice required under this division shall be sworn
to by the person claiming the damage or injuries or by someone authorized
by him to do so on his behalf. Failure to swear to the notice as required
herein shall not render the notice fatally defective, but failure
to so verify the notice may be considered by the city council as a
factor relating to the truth of the allegations and to the weight
to be given to the allegations contained therein.
(1987 Code, ch. 1, sec. 21E; 2001
Code, sec. 1.806)
