The ordinances embraced in this and the following chapters shall constitute and be designated as the “Code of Ordinances, City of Sachse, Texas,” and may be so cited.
(1988 Code)
The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the sections, nor unless expressly so provided, shall they be so deemed when any such sections, including the catchlines are amended or reenacted.
(1988 Code)
In the construction of this Code, and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:
Whenever the words “this ordinance”, “section”, “subsection”, “paragraph”, or “article” are used, they shall pertain to the chapter or section of this Code of Ordinances in which they are found unless specifically and clearly in reference to a separate chapter or section.
The words “this city”, “this town”, “the town”, or “the city” shall mean the City of Sachse, Dallas and Collin Counties, Texas.
Whenever the words “town council”, “the council”, “city council”, “board of aldermen”, or “governing body” are used, they shall mean the city council, City of Sachse, Texas.
“Councilmember” as used in this Code shall be synonymous with the term “alderman” or “councilman” and shall mean a member of the governing body of the City of Sachse, Texas.
Throughout this Code, words used expressing masculine gender shall be construed to include the feminine.
Whenever the word “person” or its plural form are used in this Code, it shall mean any person, firm, corporation, partnership, association of persons, owner, agent, or occupant.
Whenever the word “public place” is used, unless otherwise specifically defined, it shall mean any public road, street, alley, park, building, or other property of the city or any other places to which people commonly resort for the purpose of business, recreation, or amusement.
Whenever the abbreviation V.T.C.S. is used it shall mean Vernon’s Annotated Civil Statutes of Texas.
(1988 Code)
All ordinances passed subsequent to the adoption of this Code, which amend, repeal, or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection, or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages.
The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the city council.
Amendments to any of the provisions of this Code shall be made by amending such provisions by specified reference to the section number of this Code in the following language:
“That chapter ____, section ____, of the Code of Ordinances, City of Sachse, Texas, is hereby amended to read as follows...” |
The provisions shall then be set out in full as desired.
In the event of a new section not heretofore existing in the Code is to be added, the following language shall be used:
“That chapter ____of the Code of Ordinances, City of Sachse, Texas, is hereby amended by adding a section, to be numbered section ____, which said section reads as follows...” |
The new section shall then be set out in full as desired.
In the event it is desired to delete a section from the Code of Ordinances, the following language shall be used:
“That chapter ____, section ____, of the Code of Ordinances, City of Sachse, Texas, is hereby deleted from said Code of Ordinances.” |
It is hereby provided, however, that any subsequent ordinance which fails to amend this Code in the manner provided for above, shall not be deemed invalid as a result of such failure to follow the procedure outlined in this section.
(1988 Code)
A.
Authorization.
Supplements to this Code of Ordinances shall be prepared and printed to include ordinances adopted subsequent to adoption of this Code of Ordinances at least once a year. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
B.
Insertion of supplement.
In preparing a supplement to this Code, all portions of the Code which have been repealed, shall be excluded from the Code by omission thereof from reprinted pages. An instruction sheet shall be prepared for each supplement to indicate pages to be removed and pages to be inserted.
C.
Changes.
When preparing a supplement to this Code, the codifier (meaning the person, agency, or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:
(1)
Organize the ordinance material into appropriate subdivisions;
(2)
Provide appropriate catchlines, headings, and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings, and titles;
(3)
Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4)
Change the words “this ordinance” or words of the same meaning to “this chapter”, “this section”, “this subsection”, etc., as the case may be; and
(5)
Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
(1988 Code)
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of this Code are severable and, if any phrase, clause, sentence, paragraph, or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Code, since the same would have been enacted by the city council without the incorporation in this Code of any unconstitutional phrase, clause, sentence, paragraph, or section.
(Ordinance adopting Code of Ordinances)
Whenever in this Code or in any ordinance of the city, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever the doing of an act is required or the failure to do any act is declared to be unlawful, the violation of any such provision shall be punished by a fine of not exceeding $500.00, except for violations of municipal ordinances that govern fire safety, zoning and public health and sanitation, including dumping of refuse, in which cases a fine not to exceed $2,000.00 is hereby authorized; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation shall continue shall constitute a separate offense. The city may also bring suit for injunction against any person that shall violate or threaten to violate any of the provisions of this Code or any city ordinance in order to prevent a continued violation or threatened violation.
(Ordinance 651 adopted 2/1/88)
A.
Time and place established.
Regular meetings of the city council of the City of Sachse, Texas shall be held on the first and third Monday of each month at 6:30 p.m. in the city hall, unless the place of the meeting is otherwise specified by the mayor in the notice calling the meeting.
B.
Agenda.
There is hereby established as a procedure for council meetings that, when an item of business has been placed on the agenda and a vote is taken on that item, it shall not thereafter be placed again on the agenda for a period of three months.
(Ordinance 220 adopted 8/9/76; Ordinance 318 adopted 4/26/82; Ordinance 4065 adopted 9/6/2022)
A.
Beginning with tax year 2006, the total ad valorem taxes imposed by the city on the residence homestead of qualifying disabled individuals and individuals sixty-five (65) years of age or older shall not be increased to an amount which exceeds the total amount of ad valorem taxes imposed on that individual's residence homestead in tax year 2005 or the first year that individual qualified that residence homestead for the exemption provided by section 11.13(c) of the Tax Code, whichever year is later. If the individual qualified that residence homestead for the exemption after the beginning of that first year and the residence homestead remains eligible for the exemption for the next year, and if the taxes imposed on the residence homestead in the next year are less than the amount of taxes imposed in that first year, the taxes imposed may not be subsequently increased on the residence homestead above the amount imposed on the residence homestead in the year immediately following the first year, other than the tax year preceding adopting this section, for which the individual qualified that residence homestead for the exemption. However, if an individual makes improvements to the individual's residence homestead, other than repairs and other than improvements required to comply with governmental requirements, the city may increase the amount of taxes on the homestead in the first year the value of the homestead is increased on the appraisal roll because of the enhancement of value by the improvements. The amount of the tax increase is determined by applying the current tax rate to the difference between the appraised value of the homestead with the improvements and the appraised value it would have had without the improvements. A limitation provided by this section then applies to the increased amount of ad valorem taxes on the residence homestead until more improvements, if any, are made.
B.
The limitation granted herein shall expire if on January 1st of any tax year if (1) none of the owners of the structure who qualify for the exemption provided by section 11.13(c) of the Texas Property Tax Code for a disabled individual or an individual 65 years of age or older and who owned the structure when the limitation provided by this section first took effect is using the structure as a residence homestead, or (2) none of the owners of the structure qualifies for the exemption provided by section 11.13(c) of the Texas Property Tax Code for a disabled individual or an individual 65 years of age or older. If an individual who qualifies for a limitation on ad valorem taxes under this section dies, the surviving spouse of the individual is entitled to the limitation on the residence homestead of the individual if (1) the surviving spouse is disabled or is 55 years of age or older when the individual dies, and (2) the residence homestead of the surviving spouse on the date that the individual dies, and remains the residence homestead of the surviving spouse.
C.
The provisions of section 11.261 of the Texas Property Tax Code applicable to limitations on ad valorem taxes to qualifying disabled individuals or individuals sixty-five (65) years of age or older shall govern the administration, transfer, expiration, and application of the limitation granted in this section.
(Ordinance 712 adopted 10/17/88; Ordinance 713 adopted 10/17/88; Ordinance 2169 adopted 10/17/2005; Ordinance 2171 adopted 11/7/2005)
A.
Adopted.
A local sales tax of one percent was adopted by the voters of the city as a result of an election held on November 22, 1969.
B.
Residential gas and electricity exempted.
The City of Sachse, by majority vote of its governing body, hereby votes to exempt from the taxes authorized by the local sales and use tax act (Article 1066c, Vernon’s Texas Civil Statutes) the receipts from the sale, production, distribution, lease or rental of, and the use, storage or other consumption of gas and electricity for residential use, as authorized by section 6 of House Bill No. 1, Acts 1978, 65th Legislature, Second Called Session.
C.
Maintenance and repair of municipal streets.
At an election held on May 3, 2025, the majority of qualified voters approved the reauthorization of the local sales and use tax in the City of Sachse, Texas, at a rate of one-fourth of 1% to continue providing revenue for maintenance and repair of municipal streets.
(Ordinance 108 adopted 11/25/69; Ordinance 245 adopted 8/28/78; Ordinance O-2025-08 adopted 5/13/2025)
A.
Filing claims.
The City of Sachse 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 180 days, from the date the damage or injury was received, give notice in writing to the mayor and city manager of the following facts:
(1)
The date and time when the injury 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.
B.
Council consideration required prior to suit.
No suit of any nature whatsoever shall be instituted or maintained against the City of Sachse 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.
C.
Notices.
All notices required by this section shall be effectuated by serving them upon the mayor and city manager at the Sachse city hall and all such notices shall be effective only when actually received in the office of the city manager.
D.
No authority to waive provisions.
Neither the mayor, city councilmember, nor any other officer or employee of the city shall have the authority to waive any of the provisions of this section.
E.
Notice to be sworn to.
The written notice required under this section 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.
Editor’s note–See also city charter, sections 12.03-12.05. Conflicts between this section and provisions of the city charter have been resolved with the adoption of the Code of Ordinances.
(Ordinance 493 adopted 8/4/86)
A.
Definition of city records.
All papers, correspondence, memoranda, accounts, reports, maps, plans, photographs, sound and video recordings, files, microform, magnetic or paper tape, punched card or other documents, regardless of physical form or characteristic, which have been or shall be created, received, filed, or recorded by any city office or department or its lawful successor, or officials thereof in pursuance of law or ordinance or in the conduct, transaction, or performance of any business, duty, or function of public business, whether or not confidential or restricted in use, are hereby declared to be the records of the City of Sachse, and shall be created, maintained, and disposed of in accordance with the provisions of this section or procedures authorized by it and in no other manner. Library and museum materials acquired solely for reference, exhibit, or display and stocks of publications shall not constitute records for the purpose of this section.
B.
City records declared public property.
All city records as defined in subsection A of this section are hereby declared to be the property of the City of Sachse. No city official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited.
C.
Policy.
It is hereby declared to be the policy of the City of Sachse to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all city records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition.
D.
Office of records manager established.
The city council shall appoint the city secretary as the records manager officer, who shall administer the records management program and shall be responsible for city-wide files management and the direction and control of the city’s records disposition program. The records manager shall report to and be responsible to the city council.
E.
Duties of records manager.
The records manager shall have the following duties, and others as assigned by the city council:
(1)
Plan, formulate, and prescribe basic files management and records disposition policies, systems, standards, and procedures.
(2)
Prepare records retention and disposition schedules in cooperation with department heads for all city offices and departments, define and identify all vital and permanent records, and establish retention periods for all records. Retention periods shall be no shorter than desired by the originating office, but shall be as long as deemed necessary by either the records manager or the city council.
(3)
Review schedules annually and update or amend as needed.
(4)
Coordinate the city-wide files management and records disposition programs and report annually to the city council on program effectiveness in each city department.
(5)
Provide records management advice and assistance to all city offices and departments by preparation of manuals of procedure and policy and by on-site consultation.
(6)
Develop, disseminate, and coordinate files maintenance and records disposition procedures, including, but not limited to, those prescribed by this section, to meet the current and long-term information needs of the city.
(7)
Train departmental records officers and other personnel in the fundamentals of records management and their duties in the records management program.
(8)
Carry out at the proper time action such as destruction and transfers of files as required by records schedules.
(9)
Design and manage the operations of a records center for the low-cost storage of inactive records.
(10)
Establish and monitor compliance with standards for filing and storage equipment and supplies in all city offices.
(11)
Develop a city-wide forms design and control system.
(12)
Establish in cooperation with other responsible city officials a disaster plan for each city office and department to ensure maximum availability of the records for reestablishing operations quickly and with minimum disruption and expense.
(13)
Develop procedures to ensure the permanent preservation of the historically valuable records of the city.
(14)
Protect privacy and assure availability of public information from records stored in the records center and bring to the attention of the city council and city manager any office not in compliance with laws or ordinances regarding public access to information or protection of privacy.
F.
Responsibilities of city department heads.
All city officers and department heads are responsible for the implementation and operation of effective files procedures, records transfers and dispositions, and other activities within their areas of responsibility in accordance with the provisions of this section. They shall designate records officers within their offices and provide the records manager the names of such designees and of all file stations and files custodians under their supervision. Persons designated as records officers shall report directly to the head of their departments on matters relating to the records management program and should have full access to all files in their department.
G.
Responsibilities of records officers.
The records officer in each office and department is responsible for providing coordination between the records manager and personnel in his or her office to ensure that provisions of this section are complied with. This responsibility shall include overseeing the application of records schedules within the office or department.
H.
City offices to use records schedule.
All city offices and departments shall adopt records retention and disposition schedules and destroy, transfer, or otherwise dispose of records only according to such schedules.
I.
Development of records retention and disposition schedules.
Retention periods to be included in records schedules shall be submitted by the records manager to the city council and city attorney, who shall notify the records manager within ten working days of their approval or of any objection to a retention period. At the expiration of the ten-day period, if no objection has been submitted, the records schedule shall be adopted and shall have full force as sufficient authorization for records destruction or other action. If objection is made, the records manager shall determine a retention period satisfactory to the office or department concerned, to the city council and to the city attorney.
When a records retention and disposition schedule is adopted, it shall thenceforth constitute full authority to destroy, transfer, or take other actions, and the city council hereby directs that such action be taken by the records manager or under his or her supervision. The records manager shall notify the state librarian of intended destruction, as required by law, but no further notice to the city council or other city office shall be required.
J.
One-time destruction of records.
Prior to the adoption of records schedules for an office, one-time destruction of accumulated obsolete records of that office may be made by or under the supervision of the records manager. Prior to such destruction the records manager shall submit lists of records to be destroyed to the city council, city manager and city attorney, who shall give notice within ten working days of any records they believe should not be destroyed, and such records shall be retained for a period suggested by either. The records manager shall also submit notice as required by law to the state librarian. Obsolete records shall include those no longer created by the office or department and no longer needed for administrative, legal, fiscal, or other research purposes.
K.
Records center.
The records center operation shall utilize one or more buildings to store inactive records; to ensure the security of such records from deterioration, theft, or damage during the period of storage; and to permit fast and efficient retrieval of information from stored records.
L.
Preservation of permanent records.
The records manager shall develop procedures to ensure the permanent preservation of the historically valuable records of the city. The records manager shall provide housing under archival conditions for such records in the records center or in another municipal facility and in such manner that the records, unless their use is restricted by law or regulation, are open to the public for research purposes. If city-owned facilities are not available, the records manager shall arrange for the transfer of the records to the Texas state library for perpetual care and preservation in one of its nearby regional historical resource depositories, or shall make other arrangements for their permanent preservation not contrary to law or regulation. In no circumstances shall the permanent records of the city be transferred to private individuals, to private historical societies or museums, or to private colleges or universities.
M.
Noncurrent records not be maintained in office files.
Records no longer required in the conduct of current business by any office or department of the city shall be promptly transferred to the records center or archives or the state library, or be destroyed, at the time such action is designated on an approved records schedule. Such records shall not be maintained in current office files or equipment.
(Ordinance 879 adopted 5/21/90)
(a)
All action concerning the submission of the proposition to the voters of the city having been taken and the tax authorized by section 4b of the development corporation act of 1979, V.A.T.C.S., Article 5190.6 (the “Act”) have been approved by the voters of the city, the city council does hereby authorize the levy of a sales and excise tax (the “tax”) within the city for the benefit of the corporation at a rate of one-half of one percent on the sale of items at retail and an excise tax at the same rate on the use, storage or other consumption within the city of tangible personal property purchased, leased or rented from a retailer during such time as the tax is effective within the city.
(b)
The tax shall be administered, collected and remitted in accordance with the act and, to the extent not inconsistent with the act, in accordance with Chapter 321, Texas Tax Code, as amended from time to time.
(c)
The effective date of the tax within the city shall be July 1, 1994 unless the comptroller of public accounts notifies the city in accordance with the act that more time is needed to implement the tax, in which event the tax shall be effective as of July 1, 1994.
(d)
The mayor is authorized to provide a copy of the ordinance levying the tax to the comptroller of public accounts as soon as possible, but in no event later than ten days following the adoption of the ordinance, such copy to be sent to the comptroller by certified mail in accordance with the provisions of the act.
(Ordinance 1174 adopted 5/2/94)
(a)
A tax is hereby authorized on all telecommunications services sold within the City of Sachse, Texas. For purposes of this section, the sale of telecommunications services is consummated at the location of the telephone or other telecommunications device from which the call or other communication originates. If the point of origin cannot be determined, the sale is consummated at the address to which the call or other communication is billed.
(b)
The application of the exemption provided for in Article 1066c, section 4B(a), V.A.T.C.S. is hereby repealed by the City of Sachse, Texas as authorized by section 4B(b) thereof.
(c)
The rate of tax imposed by this section shall be the same as the rate imposed by the City of Sachse, Texas, for all other sales and use taxes as authorized by the legislature of the state of Texas, that being $0.01 for local tax and $0.005 for economic development tax.
(d)
The city secretary shall forward to the comptroller of the State of Texas by United States registered or certified mail a copy of this section along with a copy of the minutes of the city council’s vote and discussion on this section.
(e)
This section shall become effective as of January 1, 1995.
(Ordinance 1195 adopted 9/19/94)
A.
Fund established.
There is hereby established a municipal court building security fund to be used only to finance the following items when used for the sole purpose of providing security services for building, housing a municipal court.
(1)
The purchase or repair of X-ray machines and conveying systems;
(2)
Hand-held metal detectors;
(3)
Walk through metal detectors;
(4)
Identification cards and systems;
(5)
Electronic locking surveillance equipment;
(6)
Bailiffs, deputy sheriffs, deputy constables, or contract security personnel during times when they are providing appropriate security services;
(7)
Signages;
(8)
Confiscated weapon inventory and tracking systems;
(9)
Locks, chains or other security hardware; and
B.
Fee amount and collection.
(a)
A defendant convicted in a trial for a misdemeanor offense in the municipal court of the City of Sachse, Texas shall pay a $3.00 security fee as costs of the court. A person is considered convicted if:
(b)
The clerk of the municipal court shall collect the costs and pay them to the municipal treasurer or other official of the City of Sachse, Texas who discharges the duties delegated to the municipal treasurer for deposit in a fund to be known as the municipal court building security fund.
(Ordinance 1298, secs. I, II, adopted 9/18/95)
A.
Establishment of municipal court technology fund.
B.
Establishment of amount of the fee and assessment and collection.
(a)
The fee shall be in the amount of $4.00.
(b)
The fee shall be assessed and collected from the defendant upon conviction for a misdemeanor offense in the municipal court as a cost of court. A defendant is considered convicted if:
(c)
The fee shall be collected on conviction for an offense committed on or after September 1, 1999.
(d)
The clerk of the court shall collect the fee and pay the fee to the Municipal Treasurer of the City of Sachse, who shall deposit the fee into the municipal court technology fund.
(Ordinance 1682, secs. 1–3, 7, adopted 9/20/99; Ordinance 2093, secs. 1, 2, adopted 9/20/04)
(a)
To the extent allowed by law, the general and special fees and charges to be assessed and collected by the City of Sachse as authorized by this Code or any other code or ordinance of the city shall be as established by appropriate City Council resolution.
(b)
The purpose of this chapter is to provide reference to such fees and charges which shall be assembled and maintained in a master fee resolution which shall be kept on file with the City Secretary, and may be amended from time to time.
(c)
In the event there is a conflict between the established fee by a code or ordinance and the provisions of such master fee resolution, the code or ordinance shall prevail.
(Ordinance 2176, sec. 1, adopted 11/21/05)
(a)
Created; jurisdiction.
(1)
There is hereby created a municipal court of record in and for the City of Sachse, Texas, to be designated as “The Municipal Court of Record in the City of Sachse.” The court shall have no term and may sit at any time for the transaction of business of the Court. Where the term “municipal court” is used in the City’s Charter or this Code of Ordinances, it shall mean the municipal court of record created herein. Any provision of the City Charter, city ordinances, or state law that is applicable to a municipal court shall be applicable to the municipal court of record created herein unless the provision is in conflict or inconsistent with Chapter 30 of the Texas Government Code, as amended, which governs the municipal courts of record.
(2)
The municipal court of record shall be a unified municipal court and shall have and exercise that jurisdiction conferred by Section 30.00005 of Chapter 30 of the Texas Government Code, as amended. The municipal court of record shall also have:
b.
Concurrent jurisdiction with a district court or a county court at law under Subchapter B, Chapter 54, Texas Local Government Code, as amended, within the city’s territorial limits and property owned by the city located in the city’s extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and
(b)
Judge; powers and duties.
(1)
The municipal court of record is presided over by a municipal judge who shall be appointed by the city council for a term of two years and shall be entitled to compensation as set by the city council. The amount of the judge’s compensation may not be diminished during the judge’s term of office. The compensation may not be based directly or indirectly on fines, fees, or costs collected by the court.
(2)
The municipal judge must be a citizen of the United States, a resident of the State of Texas, a licensed attorney in good standing and have two or more years of experience in the practice of law in the State of Texas. In the event of a vacancy in the office of the municipal judge, the city council may appoint a qualified person to fill the vacancy and to preside over the municipal court of record for the remainder of the unexpired term.
(3)
A person may not serve as a municipal judge if the person is employed as an employee of the city. A municipal judge who accepts employment with the city vacates the judicial office.
(4)
The city council may appoint alternate judges, subject to the same qualifications as the municipal judge, who shall have all the powers and shall discharge all the duties of the municipal judge while serving as municipal judge. Each appointment shall be for a term of two years. The municipal judges may exchange benches and act for each other in any proceeding pending in the court. An act performed by any of the judges is binding on all parties to the proceeding.
(5)
The municipal judge and alternate judges shall take judicial notice of state law and the ordinances and corporate limits of the city and shall have all powers and authority as provided by Section 30.00007 of the Texas Government Code, as amended. The judges may grant writs of mandamus, attachment, and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court. A municipal judge is a magistrate and may issue administrative search warrants.
(c)
Court clerk.
(1)
The city manager or his designee shall appoint the clerk of the municipal court of record who may hire, direct, and remove the personnel authorized in the city’s annual budget for the clerk’s office. The clerk or the clerk’s deputies shall have all duties and authority as provided by Section 30.00009 of the Texas Government Code, as amended.
(2)
The court clerk shall acquire and maintain a seal in conformance with state law for the municipal court of record in the city.
(3)
The court clerk shall supervise the selection of persons for jury service in the municipal court of record.
(d)
Record of proceedings; fees.
Upon request of the judge or upon written request of one of the parties to a trial, proceedings of the municipal court of record, limited to trial testimony and hearings on motions before the court, shall be recorded. For the purpose of recording the proceedings and preserving a record in cases tried before the municipal court of record, a good quality electronic recording device shall be used. When the recording device is used, a court reporter need not be present at the trial to certify the reporter’s record. The recording shall be kept and stored for a 20-day period beginning the day after the last day of the proceeding, trial or denial of motion for a new trial, whichever occurs last. If the case is appealed, the proceedings shall be transcribed by an official court reporter.
(e)
Appeal.
(1)
A defendant has the right of appeal from a judgment or conviction in the municipal court of record. The state has the right to an appeal as provided by Article 44.01, Texas Code of Criminal Procedure, as amended.
(2)
The appellate court shall determine each appeal from the court on the basis of the errors that are set forth in the appellant’s motion and that are presented in the clerk’s record and reporter’s record, if any, prepared from the proceedings leading to the appeal. An appeal from the court shall not be by trial de novo.
(3)
To perfect an appeal, the defendant must file a motion for new trial not later than ten days after the date on which the judgment and sentence are rendered. The motion must be in writing and must be filed with the clerk of the municipal court of record.
The motion constitutes the assignment of error on appeal. A ground or an error not set forth in the motion is waived. If the court does not act on the motion before the expiration of 30 days after it is filed with the clerk, the motion is overruled by operation of law.
(4)
After an order overruling a motion for new trial, the defendant shall give written notice of appeal and pay a fee for the preparation of the clerk’s record of $25.00 not later than ten days after the date on which the motion is overruled. The court shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee shall be refunded to the defendant.
(5)
The appellant shall pay for any reporter’s record containing a transcription of the proceedings unless the court finds, after a hearing in response to an affidavit by the defendant, that the defendant is unable to pay or provide security for the reporter’s record. If the court so finds, the court shall order the reporter to prepare the record without charge to the defendant. Before the recorded proceedings are transcribed, the defendant shall, unless found by the court to be unable to pay for the reporter’s record, post a cash deposit with the municipal court for the estimated cost of the record. The cash deposit shall be based on an estimate provided by the court reporter or the length of proceedings as indicated by the amount of tape used to electronically record the proceedings, if any, the cost of the court reporter, typing, and other incidental services. The municipal court may post a current schedule of the charges for transcription fees, including deposits. If the cash deposit exceeds the actual cost of the reporter’s record, the court reporter shall refund the difference to the defendant. If the cash deposit is insufficient to cover the actual cost of the transcription, the defendant must pay the additional amount to the court reporter before the transcription may be submitted. If a case is reversed on appeal, the court shall promptly refund to the defendant any amounts paid for the reporter’s record.
(6)
The record on appeal must substantially conform to the provisions relating to the preparation of a record on appeal in the Texas Rules of Appellate Procedure and the Texas Code of Criminal Procedure, as amended.
(7)
If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the municipal court of record. The bond must be approved by the court and must be filed not later than the 10th day after the date on which the motion for new trial is overruled. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond. The appeal bond must be in the amount of $100.00 or double the amount of the fines and costs adjudged against the defendant, whichever is greater. The bond must 1) state that the defendant was convicted in the case and has appealed; and be conditioned on the defendant’s immediate and daily personal appearance in the court to which the appeal is taken.
(f)
Court costs.
Upon conviction, a defendant shall also remit to the city such court costs as are authorized by law, imposed by the state, and established by the city.
(Ordinance 2255, sec. 1, adopted 11/6/06)
The goods-in-transit, as defined Tex. Tax Code 11.253(a)(2), as amended by House Bill 621, enacted by the 80th Texas Legislature in Regular Session shall remain subject to taxation by the City of Sachse, Texas.
(Ordinance 3011 adopted 10/15/07)
A. City tax collector. Consideration. Hotel. Occupancy. Occupant. Permanent resident. Person. Quarterly period.
Definitions.
The following words, terms and phrases, for the purpose of this section, except where the context clearly indicates another meaning, are respectively defined as follows:
The City Tax Collector for the City of Sachse, Texas.
The monetary cost of a room in such hotel and other facilities as defined in this section, only if the room is one ordinarily used for sleeping, and excluding the cost of any food served or personal services rendered to the occupant of such room not related to the cleaning and readying of such room for occupancy.
Any building or buildings in which members of the public may, for consideration, obtain sleeping accommodations, including hotels, motels, bed and breakfasts, tourist homes, houses or courts, lodging houses, inns, rooming houses, or other building where rooms are furnished for consideration, but not including hospitals, sanitariums, nursing homes, or dormitory or other housing facilities owned or leased and operated by an institution of higher education or a private or independent institution of higher education.
The use or possession, or the right to the use or possession, of any room in a hotel if the room is one which is ordinarily used for sleeping and if the occupant is not a permanent resident as hereinafter defined.
Anyone who, for consideration, uses, possesses, or has a right to use or possess any room or rooms in a hotel under any lease, concession, permit, right of access, license, contract or agreement, other than a permanent resident as hereinafter defined.
Any occupant who has or shall have the right to occupancy of any room in a hotel for at least 30 consecutive days during the calendar year or preceding year, so long as there is no interruption of payment for the period.
Any individual, corporation, or other legal entity owning, operating, managing or controlling any hotel.
The regular calendar quarters of the year the first quarter being composed of the months of January, February and March; the second quarter being the months of April, May and June; the third quarter being the months of July, August and September, and the fourth quarter being the months of October, November and December.
B.
Tax levy.
There is hereby levied upon the occupancy of any room furnished by any hotel within the corporate limits of the City of Sachse, Texas, a hotel occupancy tax equal to seven percent of the consideration paid by the occupant of such room to such hotel, where said consideration of occupancy is at the rate of $2.00 or more per day and such room or space is ordinary used for sleeping. This tax shall be exclusive of other occupancy taxes imposed by other governmental agencies under the law.
C.
Collection and reporting the tax.
Every person owning, operating, managing, or controlling any hotel shall collect the tax levied by this section for the City of Sachse.
D.
When tax due and payable; filing of report.
On the last day of the month following each quarterly period, every person required to collect the tax imposed hereby, shall file a report with the city tax collector showing the total for all room occupancies in the preceding quarter, and any other information the city tax collector may reasonably require. Such person shall pay the tax due on such occupancies at the time of filing such report. The report shall be submitted in a form prescribed by the city tax collector.
E.
Authority of city tax collector to make necessary rules and regulations; access to books, records.
The city tax collector shall have the power to make such rules and regulations as are reasonable and necessary to effectively collect the tax levied hereby, and shall, upon reasonable notice, have access to all books and records of hotels subject to this section as necessary to enable him to determine the correctness of any report filed as required by this section, and the amount of taxes due under the provisions of this section.
F.
Effect of failure to collect tax, file report.
Any person who 1) fails to file a report as required herein, 2) files a false report, or 3) fails to pay to the city tax collector the tax as required herein when said report or payment is due, shall owe a penalty of five percent of the total tax amount due. After the first 30 days, said persons shall owe an additional five percent of such tax. However, such total penalty shall never be less than $1.00. Delinquent taxes shall draw interest at the rate of ten percent per annum beginning 60 days from the due date.
G.
Use of revenues.
All revenue received from any hotel occupancy tax authorized under this section shall be used only for those purposes authorized by Chapter 351, Texas Tax Code, Vernon’s Revised Civil Statutes, as amended. The city council shall review and approve all distributions of funds collected under this section.
H.
Administration of revenues.
Organizations or individuals requesting funding for projects or activities authorized under this section shall present their annual budgets during October of each year for review by the city council in any form required by the city tax collector. Budgets must specify in detail how the funds will be expended and how the projects or activities meet the requirements of subsection (g). The city tax collector is hereby authorized to disperse funds and amounts approved by the city council to those organizations and/or individuals meeting the criteria of this section.
I.
Penalty of fine.
Any person violating any of the provisions of this section, including persons who 1) fail to collect the tax, 2) file a false return, or 3) who are delinquent in their tax payment, shall be charged with a misdemeanor and shall, upon conviction, be fined in any sum not to exceed $500.00, and each 24 hours of any such violation shall constitute a separate offense.
J.
Additional penalties.
The city attorney is hereby authorized to bring suit against any person required to collect the tax imposed hereby and required to pay the collection over to the city who has 1) failed to file a report, 2) filed a false report, or 3) failed to pay the tax when due. Such suit may seek to collect such tax not paid, enjoin such person from operating a hotel in the city until the tax is paid or the report is filed or both, and/or seek any other remedy permitted by law.
K.
Exceptions; refunds.
(1)
No tax shall be imposed under this section upon the following individuals:
a.
Any occupant who has or shall have the right to occupancy of any room in a hotel for at least 30 consecutive days during the calendar year or preceding year, so long as there is no interruption of payment for the period;
b.
Employees of federal government entities traveling on official business;
c.
Foreign diplomats who present a tax exemption card issued by the United States Department of state; and
d.
Federal or state military personnel.
(2)
In order to receive a refund of hotel occupancy taxes paid under this section, state government entities must file a refund claim no later than 60 days after the end of the period in which the state government entity’s occupancy occurred. A refund claim must be on a form provided by the city tax collector in accordance with the requirements promulgated by the Texas Comptroller in Section 3.161 of Title 34 of the Texas Administrative Code, as amended.
(Ordinance 3236, sec. 1, adopted 9/7/10)
A. Library Library manager Library board
Definitions.
The following terms shall have the meanings herein ascribed:
shall mean the Sachse Public Library.
shall mean the library manager or designee.
shall mean the Advisory Board of the Sachse Public Library.
B.
Library manager.
All library department activities shall be administered under the direction of a library manager. The manager is responsible for carrying out approved policies under the direction of the city manager. The library manager shall provide staff support to the library board.
The city shall be entitled to pursue collection of fees and/or costs for overdue or lost materials through its employees and agents.
C.
Operating policies and procedures.
The library manager shall be responsible for day to day operations of the library. The library will be operated in accordance with administrative directives and procedures issued by the city manager or his designee, the library manager. All policies shall be recommended by the library board and approved by the city council, a copy of which shall be kept on file in the office of the city secretary.
D.
Identification of borrowers; overdue materials.
(1)
Any person making application to borrow materials from the library will be required to present whatever documents are deemed necessary by the librarian for adequate identification of the applicant.
(2)
Any person who has outstanding fees for overdue materials may be disallowed from further borrowing until the fees have been paid.
(3)
The fees for failure to return library materials, which have been borrowed from the library shall be established by city council resolution.
(Ordinance 3371, sec. 1, adopted 3/19/12)
A.
Purpose.
It is hereby declared to be the policy of the city that the proper operation of democratic government requires that public officials be independent, impartial and responsible only to the people of the city; that no officer shall permit any interest, financial or otherwise, direct or indirect, or engagement in any business, transaction or professional activity to conflict with the proper discharge of such person’s duties in the public interest; that public office not be used for personal gain; and that the city council at all times shall be maintained as a nonpartisan body. To implement such a policy, the city council deems it advisable to enact a code of ethics for officials, as defined in this article, whether elected or appointed, paid or unpaid, to serve not only as a guide for official conduct of the city’s public servants, but also as a basis for discipline for those who refuse to abide by its terms, the overriding interest being that such officers of the city shall at all times strive to avoid even the appearance of impropriety.
B.
Title; application.
(1)
This section shall be known as the code of ethics.
(2)
This code shall apply to all officials as defined in this section.
(3)
This code of ethics does not apply to employees, including those individuals employed on a full-time, part-time or internship basis nor to independent contractors of the city. The standards of conduct for employees are governed by the city personnel policies.
(4)
This code of ethics applies to members of the city council, all city boards, committees or commissions as defined in this article.
(5)
This code of ethics applies to the conduct or actions of public officers, as defined in this article which occurs in whole or in part after the date of adoption of this article.
(6)
This code of ethics applies to officers on while such persons hold such position or office.
C. Benefit Business entity City City council Confidential information(1) (2) (3) Contract Corporation Employee Gift Knowingly Officer or official Relative Special privilege Substantial interest(1) (a) (b) (c) (2) (3)
Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means anything reasonably regarded as pecuniary or economic gain or pecuniary or economic advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest.
means any person, entity, corporation (whether for-profit or nonprofit), general or limited partnership, sole proprietorship, joint venture, unincorporated association or firm, institution, trust, foundation, holding company, joint-stock company, receivership, or other entity recognized by law, whether or not organized for profit, which has an economic interest, or seeking such, in conducting business with the city. Business entity also includes any business entity that represents a party conducting or seeking to conduct business with the city.
means the City of Sachse, Texas.
means the governing body of the city.
means any information to which an official has access in such person’s official capacity which may not be disclosed to the public except pursuant to state and/or federal law and which is not otherwise a matter of public record or public knowledge. Confidential information includes the following information, however transmitted:
Any information from a meeting closed to the public pursuant to the Texas Open Meetings Act or other law regardless of whether disclosure violates the Texas Open Meetings Act or Texas Public Information Act;
Any information protected by attorney client, attorney work product, or other applicable legal privilege; and
Any information deemed confidential by law.
means any lease, claim, account or demand against or agreement with any entity or person, whether express or implied, executed or executory, oral or written.
means any corporation that has a board of directors appointed in whole or in part by the city council that is operating under the direct authority of or subject to the direct control of the city council.
means any person employed by the city, including those individuals on a part-time or internship basis, but does not include independent contractors.
means anything of value, regardless of form, offered or given in the absence of adequate and lawful consideration. It does not include the receipt or acceptance of campaign contributions which are regulated by federal, state and/or local laws or ordinances.
means a person acts knowingly, or with knowledge, with respect to the nature of the person’s conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of the person’s conduct whether the person is aware that the conduct is reasonably certain to cause the result.
means any member of the city council and any appointed member of a city board, commission or committee established by resolution, ordinance, City Charter, state law or otherwise, on a temporary or permanent basis, operating either under the direct or indirect authority or subject to either the direct or indirect control of the city council. Such term includes but is not limited to the members of the city council, planning and zoning commission, the board of adjustment, the building and standards commission, the library board, the parks and recreation board, animal shelter advisory board and the board of directors of the city’s economic development corporation.
means any person related to an officer within the first degree by consanguinity or affinity. This relationship includes the spouse, parents, children, stepchildren, father and mother-in-law, or son and daughter-in-law of the officer.
means a right, advantage or favor of or for a particular person, occasion or purpose not otherwise available to others.
means the following:
In a business entity means:
The person owns ten percent or more of the voting stock or shares of a business entity;
The person owns ten percent or more or $15,000.00 or more of the fair market value of a business entity; or
Funds received by the person from the business entity exceed ten percent of the person’s gross income for the previous year; and action on the matter involving the business entity will have a specific economic effect on the business entity that is distinguishable from the effect on the public.
In real property means the person has an interest in the real property that is equitable or legal ownership with a fair market value of $2,500.00 or more; and it is reasonably foreseeable that an action on a matter involving the real property will have a specific economic effect on the value of the real property distinguishable from its effect on the public.
An official is considered to have a substantial interest under the code of conduct if a relative has a substantial interest under the code of conduct.
D.
Standards of conduct.
No officer of the city or a relative thereof shall:
(1)
Have a financial interest, direct or indirect, in any contract with the city, nor shall such person be financially interested, directly or indirectly, in the sale to the city of any land, or rights or interest in any land, materials, supplies or service. The “financial interest” contemplated under this section requires that such person receive an actual financial benefit from the transaction with the city. An actual financial benefit from the transaction shall include:
(a)
An ownership in the entity transacting business with the city where the ownership interest is more than ten percent.
(b)
Compensation as an employee, officer or director of the entity transacting business with the city where such compensation is affected by the entity’s transaction with the city.
(2)
Participate in a vote or decision on any matter in which the officer has a substantial interest.
(3)
Represent or appear in behalf of private interests of others before the city council, or any agency, board, commission, corporation, or committee of the city, nor shall represent any private interests of others in any action or proceeding involving the city, nor voluntarily participate on behalf of others in any litigation to which the city is, or might be, an adverse party. The restrictions of this subsection do not prohibit an officer, or relative of an officer, who is the president, vice president or officer of a homeowner’s association from appearing before the city council, or any agency, board, commission, or committee of the city to represent such homeowner’s association, except that no such officer or relative of such officer shall appear before the agency, board, commission or committee of the city of which such officer is a member.
(4)
Accept any gift from any person that might reasonably tend to influence such officer in the discharge of such person’s official duties. The prohibition against gifts shall not apply to:
(a)
A lawful campaign contribution;
(b)
An honorarium in consideration for services unless the officer would not have been asked to provide the services but for the officer’s position;
(c)
Meals, lodging, transportation in connection with services rendered by the officer at a conference, seminar or similar event that is more than merely perfunctory;
(d)
Complimentary copies of trade publications and other related materials;
(e)
Attendance at hospitality functions at local, regional, state or national association meetings and/or conferences;
(f)
Any gift which would have been offered or given to the person if such person was not an officer or employee of the city;
(g)
An occasional item with a value less than $50.00;
(h)
Tee shirts, caps, mementos and other similar promotional material or items;
(i)
Meals, transportation and lodging in connection with a seminar or conference at which the officer is providing services;
(j)
Gifts on account of kinship or a personal, or professional, or business relationship independent of the officer’s status;
(k)
Complimentary attendance at political or charitable fundraising events; and
(l)
Meals, lodging, transportation, or entertainment furnished in connection with public events, appearances or ceremonies related to official city business, if furnished by the sponsor of such public events.
(5)
Use such person’s official position to secure special privileges or benefits for such person or others.
(6)
Grant any special consideration, treatment or advantage to any citizen, individual, business organization or group beyond that which is normally available to every other citizen, individual, business organization or group.
(7)
Disclose confidential information.
(8)
Engage in any outside activities which will conflict with or will be incompatible with such person’s official position or duties as an officer of the city.
(9)
Use city supplies, personnel, property, equipment or facilities (whether tangible or intangible) for any purpose other than the conduct of official city business, unless otherwise provided for by law, ordinance or city policy.
(10)
Act as a surety on any official bond required for any officer or employee of the city, or for a business that has a contract, work or business with the city.
(11)
Fail to timely produce public information in response to a public information request. Public information specifically includes any electronic communication created, transmitted, or received, or maintained on any device if the communication is in connection with the transaction of official business.
E.
Additional standards.
(1)
No member of the city council who is on the board of a nonprofit organization may vote on any funding request by that nonprofit organization, unless the nonprofit organization has a board of directors or trustees appointed in whole or in part by the city council.
(2)
With the exception of those proceedings allowed under this article, no member of the city council shall personally appear in such person’s own behalf before the city council, or any city board, commission, corporation or committee but may designate and be represented by a person of such person’s choice in any such personal matter.
(3)
No member of the city council, the city plan commission, or board of adjustment shall participate in, or vote on, any land use matter in which such officer has a substantial interest in any real property within 200 feet of the real property, the subject of the land use matter.
(4)
No employee, the mayor, any member of the city council or their spouses shall be eligible to serve on any city board, commission or corporation.
(5)
No employee, the mayor, any member of the city council or their spouses shall serve as a voting member on any non-city board, commission or corporation that receives direct funding, including grants (excluding membership fees) from the city. This provision shall not apply where such voting member is only serving in the capacity for purposes of electing officers. The city council’s sole remedy for a violation of this subsection (5) is to discontinue funding and/or providing city support services to such non-city board, commission or corporation.
F.
Use of social media.
(1)
Officers who post on any social media website that may be viewed by the public are expected to exercise the highest levels of accuracy, professionalism, respect, and concern for the reputation and peace of mind of individuals who may be affected by the post and the reputation and image of the city. Any comments, opinions, or statements posted by an officer are subject to the restrictions under the Texas Open Meetings Act.
(2)
Multiple officers shall not comment on the same social media post so as not to create a “walking quorum” of the city council, board or commission.
(3)
Officers shall refrain from posting personal opinions on matters to be brought before the city council, board or commission including, but not limited to, personal opinions on pending matters before the city council, board or commission, declaration of how an officer intends to vote on an issue, engaging or debating with citizens on items presented to the council, board or commission, or officers’ arguments for or against an item. These postings could be considered a violation of the Texas Open Meetings Act and could result in criminal and civil liabilities for the officer under Texas Government Code Chapter 551.
(4)
Officers shall not post official statements on behalf of the city. Officers do not have the authority to make official statements or claim that they can fix or resolve an issue; or, that they can have an issue fixed or resolved. Official statements on behalf of the city shall come from the mayor, mayor pro-tem, city manager, or city attorney or other person designated by the city manager or mayor.
(5)
Officers shall maintain professionalism and common courtesy in their posts when commenting in their official capacity and remain neutral to prevent the interpretation that a decision has already been made in an open meeting which is a violation of the Texas Open Meetings Act.
(6)
Officers shall not use their official positions to post negative or derogatory comments or voice their personal opinions against an individual, business or entity. Such conduct could result in negative feedback for the officer and the city, and the officer could potentially be liable for slander, defamation of character or other civil remedies as determined by a court.
(7)
When posting an on-line communication that discusses city-related issues, but which is not posted as an approved representative of the city or on the city’s behalf, all persons must make it clear that they are speaking for themselves, and not on behalf of the city by displaying a disclaimer that states that it is their own opinion and not necessarily the opinion or position held by the city, city council, board or commission.
G.
Disclosure of substantial interest.
Any officer, who has a substantial interest in any matter pending before the body, board, commission, corporation or committee of which the officer is a member, before a vote or decision on such matter, shall file an affidavit stating the nature and extent of the substantial interest, and shall abstain from further participation in such matter. The affidavit shall be on a form provided by the city and must be filed with record keeper for such body, board, commission, corporation or committee.
H.
Complaints against officers.
(1)
All complaints or allegations of a violation of this code of ethics against an officer shall be made in writing on a form provided by the city, sworn to before a notary public, and filed of record with the city secretary. Such complaint shall describe in detail the act or acts complained of and the specific section(s) of this code of ethics alleged to have been violated. A general complaint lacking in detail shall not be sufficient to invoke the investigation procedures contained herein; and anonymous complaints shall not be considered. The city secretary shall provide a copy of the complaint to the affected officer and the city council, and immediately refer the complaint to the city attorney, who shall initially review the complaint to determine if the complaint contains sufficient detail and alleges a violation of the code of ethics. The affected officer may file a written response to the complaint within seven business days after the complaint is filed with the city secretary, who shall forward the response, if any, to the city attorney.
(2)
The city attorney shall submit a written report to the city council as soon as possible but not later than 15 business days after the receipt of the complaint, unless an extension is granted by a majority of the non-implicated city council members. The city attorney may contact the complainant, interview witnesses and examine any documents necessary for the report. Such report shall be comprehensive and explain in detail all facts, findings, and conclusions in support of the city attorney’s opinion as to whether or not a violation of this code of ethics occurred. When the city attorney receives a vague complaint or one lacking in detail, the city attorney shall contact the complainant to request a written clarification. If the complainant fails to provide the city attorney with written clarification, or if after written clarification is provided, it is the opinion of the city attorney that the complaint is insufficient in detail and/or fails to allege a prima facie violation of the code of ethics, a written report to that effect shall be submitted to the city council. If the city attorney determines that a criminal violation may exist, the city attorney shall refer the matter to the appropriate law enforcement agency.
(3)
If it is determined by the city attorney that the facts as alleged could constitute a violation of this code of ethics, then the city attorney shall, within 15 business days after receipt of the complaint, notify the mayor and city council members of the existence and nature of the complaint. The city council shall cause a meeting to convene, whether regular or special, within 15 business days after being so notified by the city attorney to further consider said complaint in executive session with a quorum of the city council causing such a meeting to be convened. In any event, the city attorney shall immediately proceed to fully investigate the alleged improprieties. For purposes of this investigation, the city attorney shall have all of the powers of investigation as are given to the city council by reason of the City Charter and shall report back to the city council as soon as possible but in no event more than 15 business days from the date of notification of the city council unless an extension is granted by the city council. Said report shall be comprehensive and explain in detail all facts, findings and conclusions in support of the city attorney’s opinion as to whether a violation of this code of ethics occurred.
(4)
The city council shall consider the complaint and the city attorney’s report at an executive session of the city council. The affected officer may request that the complaint be considered in a public meeting. At such meeting, the city attorney shall present a written report to the city council describing in detail the nature of the complaint and the city attorney’s findings and conclusions as to a possible violation of this code of ethics. The affected officer shall have the right to a full and complete hearing before the city council with the opportunity to call and cross-examine witnesses and present evidence in such person’s behalf. The non-implicated city council members in attendance shall conduct a hearing and review the complaint. The city council may reject the complaint or take action authorized under subsection I, violations.
(5)
No action or decision with regard to the complaint shall be made except in a meeting which is open to the public.
(6)
The city council may appoint outside legal counsel, or may direct the city attorney to appoint outside legal counsel, or the city attorney in the city attorney’s discretion, may appoint outside legal counsel, to perform the duties and responsibilities of the city attorney under subsections (2), (3) and (4) of this section.
(7)
A complaint or allegation of a violation of this article may only be made against an officer while such person holds such position or office. A complaint made against an officer pursuant to this section shall be processed and resolved even if such person resigns from, or ceases to hold such position or office, prior to resolution of the complaint.
I.
Violations.
The city council may take any one or more of the following actions in an open meeting concerning a complaint:
(1)
Issue a statement finding the complaint is totally without merit, brought for the purpose of harassment, or brought in bad faith.
(2)
Issue a letter of notification when the violation is unintentional. A letter of notification shall advise the officer of any steps to be taken to avoid future violations.
(3)
Issue a letter of admonition when the violation is minor or may have been unintentional but calls for a more substantial response than a letter of notification.
(4)
Issue a reprimand when a violation has been committed knowingly or intentionally.
(5)
Remove from office an officer, other than a city council member, for a serious or repeated violation of this code of ethics. Removal shall be, to the extent by and allowed, in compliance with the Charter and state law.
(6)
Pass a resolution of censure or a recommendation of recall when the city council finds that a serious or repeated violation of this code of ethics has been committed intentionally by a member of the city council.
J.
Adoption of state statute.
Texas Local Government Code Sections 171.001 and 176.002, as amended, being the statute which regulates conflicts of interest of officers of municipalities in the state and disclosure of certain relationships with local government officers, are hereby adopted and made a part of this code of conduct for all purposes, with the proviso that, in the case of a conflict between the provisions of this code of conduct and the state statute, then in that event the more restrictive provision shall govern.
K.
Limitations.
A person must bring a complaint that an officer has violated a provision(s) of this code of conduct not later than 12 months after the day the complained act(s) occurred.
L.
Interpretation of content.
Any officer may request and the city attorney shall issue, a verbal or written opinion (as deemed appropriate) concerning the meaning or effect of any section, word, or requirement of this code of ethics as it affects such person.
(Ordinance 3858, sec. 1, adopted 3/19/18; Ordinance 4013 adopted 5/3/21)