(a)
The
city shall be and is hereby changed to a type A general-law municipality
and the city shall hereafter possess and be authorized to exercise
all powers and authority conferred by the laws of the state upon type
A general-law municipalities.
(b)
The
city secretary shall be and is hereby directed to cause a copy of
the ordinance adopting type A municipality status to be filed and
recorded in the office of the county clerk of Rusk/Smith County, Texas
in accordance with the provisions of V.T.C.A., Local Government Code,
section 6.012(4).
(2014 Code, secs. 30.01, 30.02)
The provisions of V.T.C.A., Local Government Code, insofar as
its provisions are applicable to this city, are hereby adopted and
incorporated by reference as if fully set forth herein.
(2014 Code, sec. 31.90)
(a)
A
map showing the boundaries of the city and the boundaries of the city’s
extraterritorial jurisdiction shall be kept in the office of the city
secretary.
(b)
Whenever
any territory is annexed into the city, the city map shall be immediately
updated to include the newly annexed territory and any associated
change in the city’s extraterritorial jurisdiction. The map
shall be annotated to indicate the date of annexation, the number
of the annexation ordinance, and a reference to the minutes or ordinance
in which the annexation is recorded in full.
(c)
If
there is any change in the city’s extraterritorial jurisdiction,
the map shall be immediately corrected to indicate the change and
the map shall also be annotated to indicate the date the extraterritorial
jurisdiction was changed, the number of the ordinance, if any, by
which the change was made, and a reference to the minutes or ordinance
in which the change is recorded in full.
(d)
Copies
of the revised map shall be furnished to the county clerk’s
office and to the secretary of state at the time such annexation becomes
effective.
(2014 Code, sec. 31.10)
It is the policy of the city or any employee or officer of the
city not to discriminate on the basis of race, color, national origin,
sex, religion, age, or handicap status in employment, contracting,
or the provision of services. Discrimination against any person in
the recruitment, examination, appointment, training, promotion, discipline,
or any other aspect of personnel administration; contracting for construction,
rehabilitation, alteration, conversion, extension, demolition or repair
of city facilities; and the provision of city services shall be prohibited
unless such discrimination constitutes a bona fide occupational qualification.
A nondiscriminatory clause shall be provided in all solicitations
or advertisements whenever practicable or feasible.
(2014 Code, sec. 31.30)
The city manager shall have printed upon each side of every
city-owned motor vehicle displaying exempt tags (except undercover
law enforcement vehicles) and piece of heavy equipment the name of
the city in letters that are plainly legible. Lettering shall be at
least two (2) inches.
(2014 Code, sec. 31.40; Ordinance
adopting 2021 Code)
The service fee for copying public records shall be as prescribed in the fee schedule in appendix A of this code.
(2014 Code, sec. 31.50)
(a)
Service of notice.
All notices required by this section
shall be effectuated only by personally serving them upon the city
manager or city secretary at the Overton City Hall, 1200 Commerce,
Overton, Texas, 75684.
(b)
Waiver of notice requirement.
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.
(c)
Sworn statement required.
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.
(2014 Code, secs. 31.60–31.62)
Every officer, agent or employee of the city, while responding
to emergency situations, is hereby authorized to act in such a manner
as to most effectively deal with the emergency. This provision shall
prevail over every other ordinance of the city and, to the extent
to which the city has the authority to so authorize, over any other
law establishing a standard of care in conflict with this section.
Neither the city nor the employee shall be liable for any failure
to use ordinary care in such emergency.
(2014 Code, sec. 31.70)
(a)
East Texas Council of Governments.
The city shall be
a member of the East Texas Council of Governments for the purpose
of joint planning and coordination of governmental services and policies
as authorized by V.T.C.A., Local Government Code, chapter 391, and
the city secretary is hereby authorized to pay the annual dues required
for membership in said Council of Governments.
(b)
Texas Municipal League.
The city shall be a member of
the Texas Municipal League for the purpose of better representation,
information, advice, and other such services that may be provided.
The city manager is hereby authorized to pay the annual dues required
for membership in said league.
(2014 Code, secs. 31.80, 31.81)
(a)
City
employees accepting payments are hereby authorized to accept payment
by credit card for a fee, fine, court cost or other service charge
imposed by all city departments.
(b)
Such employees shall collect a processing fee for payments made by credit card. The processing fee shall be as listed in the fee schedule in appendix A of this code.
(c)
If
the payment by credit card for the fee, fine, court cost or other
service charge is not honored by the credit card company on which
the funds are drawn, a service charge shall be collected from the
person who owes the charge. The service charge is in addition to the
original fee, fine, court costs, or other service charges and is for
the collection of the original amount.
(Ordinance 2020.08.13B adopted 8/13/20)
