(a)
Pursuant
to authority conferred by V.T.C.A., Local Government Code, section
51.052, the city hereby adopts the powers of 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
this ordinance to be filed and recorded in the office of the county
clerk in accordance with the provisions of V.T.C.A., Local Government
Code, section 51.052(b)(4).
(c)
It
is officially found, determined, and declared that the meeting at
which this ordinance was passed and adopted was a regular meeting
of the governing body of the city and this ordinance was adopted by
a two-thirds vote of the governing body of the city at such meeting
which was open to the public and notice of the time, place, and subject
matter of the public business to be considered at such meeting, including
this ordinance, was duly given as required by chapter 551, as amended,
Texas Government Code.
(d)
The
city hereby adopts the provisions of article XI, section 4 of the
Texas Constitution and any other applicable statute which permits
the city to levy an annual ad valorem tax at a rate not to exceed
$1.50 per $100.00 of assessed value on all taxable property in the
city.
(2001 Code, sec. 1.204)
A newspaper shall hereafter be declared the official newspaper
of the city annually by resolution.
(2001 Code, art. 1.700)
A map showing the boundaries of the city, along with the field
notes of the survey, shall be kept in the office of the city secretary.
Whenever any territory is annexed into the city, the city map shall
be immediately updated to include the newly annexed territory.
(2001 Code, art. 1.800)
The council shall have the power to provide for the extension
of the boundary limits and the annexation of additional territory
lying adjacent to the city and the disannexation of territory within
the city in accordance with the terms of applicable state law.
(2001 Code, art. 1.1300)
The city shall be a member of the Capital Area 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.
(2001 Code, sec. 1.1201)
The city shall be a member of the Texas Municipal League for
the purpose of better representation, information, advice, and other
such services which may be provided. The city secretary is hereby
authorized to pay the annual dues required for membership in said
league.
(2001 Code, sec. 1.1202)
The city manager shall have printed upon each side of every
city-owned motor vehicle (except undercover law enforcement vehicles)
and piece of heavy equipment the name of the city in letters that
are plainly legible at a distance of not less than one hundred feet
(100'). Such inscription shall be in a color sufficiently different
from the body of the vehicle or piece of equipment. A decal may be
used in lieu of printing.
(2001 Code, art. 1.1600)
A service fee for copying governmental and public records shall
be as provided for in the fee schedule found in appendix A of this
code.
(2001 Code, sec. 1.1701)
There is hereby established a service charge, as provided for
in the fee schedule in appendix A of this code, which shall be levied
and assessed by the city when any amount due the city is paid by check
or automatic draft or other means of electronic transfer of funds
and the check, draft or other order for the payment of money is dishonored
because of insufficient funds or because of a stop payment order.
The city administration shall maintain a sign in city hall near the
place where city payments are received which shall read, “There
is a $25.00 service charge on all returned checks and dishonored orders
for the payment of money.” The service charge herein referred
to may be added to any account on which the check was issued as payment.
(2001 Code, sec. 1.1702)
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.
(2001 Code, art. 9.100)
The city shall never be liable for any claim for property damage
or for personal injury, whether such personal injury results in death
or not, unless the person damaged or injured, or someone in his or
her behalf, or, in the event the injury results in death, the person
or persons who may have a cause of action under the law by reason
of such death or injury, shall, within sixty (60) days or within six
(6) months for good cause shown from the date the damage or injury
was received, give notice in writing to the mayor and city council
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.
(2001 Code, sec. 1.901)
No suit of any nature whatsoever shall be instituted or maintained
against the city unless the plaintiff therein shall aver and prove
that previous to the filing of the original petition the plaintiff
applied to the city council for redress, satisfaction, compensation,
or relief, as the case may be, and that same was, by vote of the city
council, refused.
(2001 Code, sec. 1.902)
All notices required by this division shall be effectuated by
serving them upon the city secretary at the following location: City
Hall, 125 South Main, Flatonia, Texas 78941, and all such notices
shall be effective only when actually received in the office of the
person named above.
(2001 Code, sec. 1.903)
Neither the mayor, a city council member, nor any other officer
or employee of the city shall have the authority to waive any of the
provisions of this division.
(2001 Code, sec. 1.904)
The written notice required under this division shall be sworn
to by the person claiming the damage or injuries or by someone authorized
by him to do so on his behalf. Failure to swear to the notice as required
herein shall not render the notice fatally defective, but failure
to so verify the notice may be considered by the city council as a
factor relating to the truth of the allegations and to the weight
to be given to the allegations contained therein.
(2001 Code, sec. 1.905)
(a)
The
above written notice requirements shall be waived if the city has
actual knowledge of death, injury or property damage likely to result
in a claim against the city. The city shall not be deemed to have
actual knowledge unless that knowledge is attributable to an appropriate
city official whose job duties include the authority to investigate
and/or settle claims against the city.
(b)
Notice
requirements shall likewise be waived in cases in which the plaintiff
can demonstrate good cause or civil rights violations.
(2001 Code, sec. 1.906)
Officials of the city, including the mayor, city manager, councilmembers,
department heads and other officials, shall not be personally liable
for actions taken in their official capacity in good faith.
(2001 Code, sec. 1.907)
