(a) 
Title.
This section shall be known and may be cited as the bad check ordinance regulating collection of bad checks.
(b) 
Definitions.
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning given herein. The word “shall” is always to be construed as mandatory and not merely directory.
Bad check.
Any check given by any person to the city and duly presented for payment within 30 days, and the payment thereof is refused by the bank because of “no account,” “lack of funds” and/or “insufficient funds.”
Bank.
Any person engaged in the business of banking, and includes any depository institution.
City secretary.
The person immediately in charge of city affairs, business activities and the collection of charges for water, sewer and sanitation provided to a person by the city, and who is acting under and by the authority of the city council.
Person.
Any person, firm, partnership, association, corporation, company, or organization of any kind and nature.
Presentment or presented.
Offered or submitted to a bank for deposit to the city or for cash.
(c) 
Collection fee.
Any person giving or passing a bad check to the city shall be charged and/or subject to a “collection fee” as provided in appendix A to this code, and such fee or charge shall be due and payable in addition to the bad check either in person, by phone or in writing. Notice in writing shall be presumed to have been received when such notice is deposited in the U.S. post office properly addressed to the address of the person giving such bad check in the city files or records.
(d) 
Enforcement.
Upon the return to the city of a bad check from the bank, the city secretary, or those acting under him, shall immediately notify the person giving or passing such bad check of its return without payment or being honored by the bank. Upon the payment of a bad check the city shall also collect from such person the sum as provided in appendix A to this code as a charge or collection fee.
(e) 
Failure to pay collection fee.
Any person failing or refusing to pay such charge shall be subject to having the fee added to such person’s monthly water, sewer and sanitation statement or account, and the city is hereby authorized to make such addition charge or addition [sic] without further notice to such person.
(Ordinance 1987-4, secs. 1–5, adopted 7/14/87; Ordinance adopting Code)
All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information-recording media, regardless of physical form or characteristic and regardless of whether public access to them is open or restricted under the laws of the state, created or received by the city or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the city and shall be created, maintained, and disposed of in accordance with the provisions of this division or procedures authorized by it and in no other manner.
(Ordinance 1992-3, sec. 1, adopted 4/28/92)
Department head.
The officer who by ordinance or administrative policy is in charge of an office of the city that creates or receives records.
Essential record.
Any record of the city necessary to the resumption or continuation of its operations in an emergency or disaster, to the re-creation of its legal and financial status, or to the protection and fulfillment of obligations to the people of the state.
Permanent record.
Any record of the city for which the retention period on a records control schedule is given as permanent.
Records control schedule.
A document prepared by or under the authority of the records management officer listing the records maintained by the city, their retention periods, and other records disposition information that the records management program may require.
Records management.
The application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems.
Records management officer.
The person designated in section 1.02.035 of this division.
Records management plan.
The plan developed under section 1.02.036 of this division.
Retention period.
The minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.
(Ordinance 1992-3, sec. 2, adopted 4/28/92)
All municipal records as defined in section 1.02.031 of this division are hereby declared to be the property of the city. No municipal 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.
(Ordinance 1992-3, sec. 3, adopted 4/28/92)
It is hereby declared to be the policy of the city to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all municipal records through a comprehensive system of integrated procedures for their management from creation to ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice.
(Ordinance 1992-3, sec. 4, adopted 4/28/92)
The city secretary, and the successive holders of said office, shall serve as records management officer for the city. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the state library within thirty days of the initial designation or of taking up the office, as applicable.
(Ordinance 1992-3, sec. 5, adopted 4/28/92)
(a) 
The records management officer shall develop a records management plan for the city for submission to the city. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the municipality, and to properly preserve those records of the municipality that are of historical value. The plan must be designed to enable the records management officer to carry out his or her duties prescribed by state law and this division effectively.
(b) 
Once approved by the state library the records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the city and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan.
(c) 
State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head’s care from the application of this division and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the city.
(Ordinance 1992-3, sec. 6, adopted 4/28/92)
In addition to other duties assigned in this division, the records management officer shall:
(1) 
Administer the records management program and provide assistance to department heads in its implementation.
(2) 
Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures.
(3) 
In cooperation with department heads identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense.
(4) 
Develop procedures to ensure the permanent preservation of the historically valuable records of the city.
(5) 
Establish standards for filing and storage equipment and for recordkeeping supplies.
(6) 
Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the city.
(7) 
Monitor records retention schedules and administrative rules issued by the state library and archives commission to determine if the records management program and the municipality’s records control schedules are in compliance with state regulations.
(8) 
Disseminate to the state library and department heads information concerning state laws and administrative rules relating to local government records.
(9) 
Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the records of the city are carried out in accordance with the policies and procedures of the records management program and the requirements of state law.
(10) 
Maintain records on the volume of records destroyed under approved records control schedules or through records destruction authorization requests, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition.
(11) 
Report annually to the state library on the implementation of the records management plan in each department of the city including summaries of the statistical and fiscal data compiled under subsection (10).
(12) 
Bring to the attention of the state library noncompliance by department heads or other municipal personnel with the policies and procedures of the records management program or the Local Government Records Act.
(Ordinance 1992-3, sec. 7, adopted 4/28/92)