The corporate seal of the city shall be an impression showing
a star enclosed by the words “City of Odessa, Texas” in
a circle shown by the following impress, and such impress shall be
the corporate seal of the city:
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(1950 Code, ch. 1, sec. 9; 1957
Code, sec. 2-1)
All ordinances adopted or passed by the city council shall be
inscribed at large by the secretary, in the minutes of the council.
The minute books and all copies and extracts therefrom shall be evidence
of the tenor and contents of the ordinances therein inscribed, as
well of such as have been heretofore or as may be hereafter therein
so inscribed.
(1950 Code, ch. 1, sec. 8; 1957
Code, sec. 1-7; Ordinance 2010-23, sec. 1, adopted 8/10/10)
The directors of the following city or county departments or
their authorized representatives shall have the power to issue one
(1) or more citations to any person to appear in municipal court,
if the directors or their representatives have probable cause to believe
that the person is criminally responsible for any offense within the
jurisdiction of the municipal court:
(1)
Fire.
(2)
Utilities.
(3)
Public
works.
(4)
Animal
control.
(5)
Engineering
and inspection.
(6)
Planning
and code enforcement.
(7)
Ector
County Health Department.
(Ordinance 91-90, sec. 1, adopted 11/12/91; 1957 Code, sec. 1-8; Ordinance 2016-25 adopted 8/9/16)
The provisions of chapter 53, Texas Occupations Code, as now
adopted or as hereafter amended, are adopted as a part of this code
to govern those instances when a person or entity has a permit, license
or franchise denied, suspended or terminated because of criminal convictions.
The city manager is authorized to adopt administrative procedures
to establish the applicable procedures and the type and the number
of criminal convictions necessary to deny, suspend or terminate a
license, permit or franchise, and setting forth the relation of the
criminal convictions to the permit, license, or franchise under review.
In the event that a permit, license or franchise is subject to the
criminal convictions administrative procedure, such criminal convictions
administrative procedures shall control, and the time periods available
for appeal, etc., elsewhere in the city code shall be suspended and
extended until the criminal conviction procedures are completed.
(Ordinance 2004-09, sec. 5, adopted 2/10/04; 1957 Code, sec. 1-9)
Whenever a permit or license is required by the city code and
there is no time limit provided for the administrative procedure,
the following schedule shall apply:
(1)
The
administrative official shall approve or deny the license or permit
within twenty-one (21) days of receiving a complete and accurate application
signed by the applicant.
(2)
If the
license or permit is not approved or denied within twenty-one (21)
days by the administrative official, it shall be considered to be
denied, and the applicant shall have twenty-one (21) days to appeal
to the city manager by filing an appeal in writing with the city manager.
(3)
If the
license or permit is not approved or denied within twenty-one (21)
days by the city manager, it shall be considered to be denied, and
the applicant shall have twenty-one (21) days to appeal to the city
council by filing an appeal in writing with the city secretary.
(4)
The
city council shall have twenty-one (21) days to deny or to approve
the license or permit on appeal. If no action is taken within twenty-one
(21) days, the permit or license shall be considered approved on the
payment of all applicable fees.
(5)
For
purposes of this section, “days” mean calendar days.
(6)
These
procedures do not apply to a franchise request such as a telephone
utility, electric utility, gas utility, cable company or vehicle for
hire company. This section shall not supersede any requirements established
by state or federal law.
(7)
The
procedure does specifically apply to the following licenses and permits:
(8)
After
final denial of an application, or final denial of a renewal of an
application, or final suspension or final revocation of a permit or
license, the applicant or licensee or permittee may seek prompt judicial
review of such final administrative action in any court of competent
jurisdiction. An appeal to the appropriate court must be filed within
twenty-one (21) days after the final decision at a public meeting
by the city council. With regard to any issues based on the authorized
and legal discretionary authority of the administrative official,
city manager or city council, the determination by the court shall
be based on the substantial evidence rule. Final action means that
they have exercised all city administrative appeal procedures.
(Ordinance 96-29, sec. 1, adopted 4/9/96; Ordinance 96-35, sec. 1, adopted 4/23/96; 1957
Code, sec. 9-1; Ordinance 2008-37, sec. 18, adopted 9/9/08)
The corporate boundaries of the city shall be reflected on a
map of the city, which shall truly reflect the boundaries of the city.
One copy of the map shall be placed in the office of the city planning
department and another copy of the map shall be placed in the office
of the city secretary; and each map shall be accessible to any person
desiring information. In the event any territory is annexed to the
city, the city engineer shall amend the map so as to add thereto the
additional territory, indicating on each of the maps the date of annexation,
the number of the ordinance by which the annexation was accomplished.
(Ordinance 2008-37, sec. 2, adopted 9/9/08)
Section 41.003 of the Texas Local Government Code provides that
an irrebuttable presumption attaches to the inclusion within the city
of any area that has been functionally a part of the city for 20 years.
City records indicate that the area designated in exhibit A to Ordinance
2019-03 which is attached to the ordinance adopting this section has
been a part of the city for at least the preceding 20 years and the
city has provided municipal services, including police protection,
to the area and has treated the area as part of the city during the
preceding 20 years. City records also indicate that there has not
been a final judicial determination during the preceding 20 years
that the area is outside of the boundaries of the city, and that there
is no pending lawsuit that challenges the inclusion of the area as
part of the city. Therefore, the city council finds that the requirements
of state law for inclusion of the area have been met and the inclusion
of the area designated in exhibit A to Ordinance 2019-03 is not contestable.
(Ordinance 2019-03, sec. 3, adopted 1/22/19)
