Chapter 1: General Provisions
Section 1: Code of Ordinances
A. How Code Designated and Cited
The ordinances embraced in this and the following chapters shall constitute and be designated the “Code of Ordinances” for the City of Electra, Texas, and may be so cited. It may also be cited as the “Electra City Code,” “City Code,” or “Code.”
B. Catchlines of Sections
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, unless expressly so provided, shall they be so deemed when any such sections, including the catchlines, are amended or reenacted.
C. Definitions and Rules of Construction
In the construction of this Code, and all ordinances and resolutions passed by the City Commission, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Commission.
(1) Chapter or Section
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 “the City” or “this City” shall mean the City of Electra, in the County of Wichita, and in the State of Texas.
(3) City Commission
Whenever the words “City Commission” or “the Commission,” “Board of Commissioners,” or “governing body” are used they shall mean the City Commission of the City of Electra, County of Wichita, and the State of Texas.
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.
(5) Public Place
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.
(6) Males and Females - Gender
Throughout this code, words used expressing masculine gender shall be construed to include the feminine.
(7) City Administrator or City Manager
Throughout this Code whenever the words “City Administrator” or “City Manager” are used, they shall be considered to be interchangeable.
D. Amending or Repealing Parts of 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 as a supplement.
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 Electra, 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 Electra, 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 Electra, 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 subsection.
E. Supplementation of Code
(1) Supplements to this Code of Ordinances shall be prepared and printed whenever authorized or directed by the City Commission or City Manager. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the City Commission 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.
(2) In preparing a supplement to this Code, all portions of the Code which have been repealed by subsequent ordinances shall be excluded from the Code by omission thereof 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 numbered or omitted are readopted as a new Code by the City Commission.
(3) 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:
(a) Organize the ordinance material into appropriate subdivisions;
(b) 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;
(c) 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;
(d) 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
(e) 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.
F. Severability of Parts of Code
It is hereby declared to be the intention of the City Commission 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 Commission without the incorporation in this Code of any unconstitutional phrase, clause, sentence, paragraph, or section.
G. Altering or Tampering With Code
It shall be an offense for any person to change or amend, by additions or deletions, or any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or to tamper with this Code in any manner whatsoever which will cause a law of the City to be misrepresented thereby.
H. General Penalty for Violation of Code
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 whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefor, the violation of this Code or any such ordinance shall be punished by a fine not exceeding $200.00, unless otherwise provided; however, no penalty shall be greater or less than under the laws of the state. Each day any violation of this Code or of any ordinance shall continue shall constitute a separate offense.
(Ordinance No. 84-2 of January 10, 1984)
SEC. 2: FISCAL YEAR
The fiscal accounting year of the City of Electra will commence October 1 of each year and conclude September 30 of each year.
(Resolution of May 22, 1979)
SEC. 3: OFFICIAL EMBLEM
The official emblem of the City of Electra shall be as follows:
(Resolution No. 2005-21; September 27, 2005)
SEC. 4: OFFICIAL NEWSPAPER
The Electra Star News, a weekly public newspaper published regularly in the City of Electra, Wichita County, Texas, is hereby designated as the official paper for the City of Electra, Texas, for the publication of all ordinances, notices, and other matters required by law to be published, and shall continue as such until another is selected and designated.
(Resolution of December 31, 1938; Ordinance No. 84-2 of January 10, 1984)
SEC. 5: AUTHORIZED SIGNATURES
The City Manager shall be authorized to sign checks and legal papers for the City, but when two signatures are required on a document, the two signatures cannot be the City Manager and City Secretary. For example, if the City Manager signs, the Mayor, Mayor Pro-tem, or other designated official must sign.
(Approved January 26, 1982)
SEC. 6: LOCAL SALES TAX
A. Local Sales Tax Adopted
An election on August 4, 1970, was duly called and notice thereof given in accordance with law; and said election was held in the manner required by law; and that only duly qualified resident electors of the City of Electra, Texas, voted at said election; and that due returns of said election were made by the proper officers; and that a majority of the qualified voters of said City of Electra, Texas, voting at said election voted in favor of approving and adopting a one percent (1%) local sales and use tax within the City.
The City Commission of the City of Electra, Texas, hereby officially and affirmatively declares that said one percent local sales and use tax within the City has been properly and lawfully adopted in accordance with the provisions of Article 1066c, Vernon’s Texas Civil Statutes (Acts 1967, 60th Legislature, Regular Session, Chapter 36, Page 62), and that the City Secretary was authorized and directed to transmit to the Comptroller of Public Accounts of the State of Texas, in Austin, Texas, by United States Registered Mail, or by United States Certified Mail, a certified copy of this resolution and order canvassing the returns of special election, under the official seal of the City of Electra, Texas, showing the approval of said local sales and use tax by the qualified voters of said City, together with a map of said City, clearly showing the boundaries thereof as of the date of said election.
(Resolution of August 11, 1970)
B. Local Sales Tax Retained on Residential Gas and Electricity
The City of Electra, by majority vote of its governing body, shall retain the taxes authorized by the Local Sales and Use Tax Act (Article 1066c, Vernon’s Texas Civil Statutes) on 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 Number One, passed 1978, 65th Legislature, second called session.
(Ordinance of April 23, 1979)
C. Local Sales Tax Authorized on Telecommunications Services
(1) A tax is hereby authorized on all telecommunications services sold within the City of Electra, Texas. For purposes of this section, the sale 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.
(2) The application of the exemption provided for in Article 1066c, Section 4B(a), Vernon’s Annotated Texas Civil Statutes, is hereby repealed by the City of Electra, Texas, as authorized by Section 4B(b) thereof.
(3) The rate of tax imposed by this subsection shall be the same as the rate imposed by the City of Electra, Texas, for all other local sales and use taxes as authorized by the legislature of the State of Texas.
(4) The tax provided for hereunder shall not serve as an offset to be in lieu of or in any way reduce any amount payable to the City pursuant to any franchise, street use ordinance, charter provision, statute or, without limitation by the foregoing enumeration, otherwise payable by any provider of telecommunications service; it being the express intent hereof that all such obligations, impositions and agreements of every kind and nature shall remain in full force and effect without reduction or limitation hereby.
(5) The City Secretary shall forward to the Comptroller of the State of Texas, by United States Registered Mail or United States Certified Mail, a copy of the subsection, along with a copy of the minutes of the City Commission’s vote and discussion on this subsection.
(6) This subsection shall become effective as of January 1, 1988.
(Ordinance No. 87-11 of November 11, 1987)
SEC. 7: AD VALOREM (PROPERTY) TAXES
A. Elderly Homestead Exemption
There is hereby exempt $6,000.00 of the appraised value of the residence homestead of any person who is sixty-five years or older, as provided for in Section 11.13 of the State Property Tax Code.
(Approved November 25, 1980)
B. Delinquent Taxes
All ad valorem taxes assessed by or for the City of Electra which remain delinquent on July 1 of the year in which they become delinquent shall bear a penalty not to exceed 15% of the taxes, penalty and interest due. This penalty shall be in addition to all other penalties and interest provided by law. This additional penalty may be used to defray the costs of collection and may be paid to an attorney pursuant to Section 7.30 of the State Property Tax Code of the State of Texas.
(Ordinance of November 24, 1981)
C. Ad Valorem Taxation of Motor Vehicles Leased for Personal Use
It is hereby provided that all motor vehicles leased for personal use shall not be exempt from ad valorem taxation by the City of Electra, but shall be subject to ad valorem taxes levied by the City of Electra. (Ordinance No. 2001-17; December 11, 2001)
SEC. 8: MUNICIPAL SWIMMING POOL
A. Unlawful to Swim Without Paying Fee
It shall hereafter be unlawful for any person to go into the Municipal Swimming Pool of the City of Electra, or going into or bathe in the bathhouse at said swimming pool, without first having the permission of the person in charge of said pool and having paid a fee, as set out in Subsection E hereinbelow, to the person in charge of said pool, or the cashier stationed at said pool authorized to receive said fee.
B. Unlawful to Swim if Afflicted with Contagious Disease
It shall be unlawful for any person to go into said pool or to swim in same or to bathe in said bathhouse who at the time is afflicted with any contagious disease; and upon request of the person in charge of said swimming pool, anyone desiring a permit to go into or swim in said pool, or to bathe in said bathhouse, shall produce a certificate from the City Health Officer of the City of Electra showing that such person is not then afflicted with a contagious disease. Any person who refuses to supply the person in charge of said pool with such certificate, when requested, shall not be granted a permit to go into or swim in said pool or to bathe in said bathhouse.
C. Penalty for Violations
Any person going into said pool or bathing in said bathhouse without first having permission to do so from the person in charge of said pool and paying the required fee; and any person who goes into said pool or who bathes in said bathhouse who, at the time he does so, is afflicted with any venereal disease, whether the person in charge of said pool requested a certificate from the City Health Officer or not, shall be deemed guilty of a misdemeanor and shall be fined in any sum not more than $2,000.00.
(Ordinance No. 245 of January 23, 1924; Ordinance No. 84-2 of January 10, 1984; Ordinance No. 2000-04 of May 23, 2000)
D. Children to be Accompanied by Adult
Children 10 years of age and under must be accompanied by a parent or adult. For purposes of this subsection, an “adult” is determined to be a person 14 years of age or older. (Ordinance No. 97-07 of July 22, 1997)
E. Swimming Pool Rates and Hours of Operation
Beginning in 1997, and continuing thereafter, swimming pool rates, including those charges for daily admission, season passes, and pool rental, and hours of operation of the Municipal Swimming Pool shall be set annually upon motion duly made, seconded, and approved by a majority of the members of the City Commission present and voting.
(Ordinance No. 97-07 of July 22, 1997)
SEC. 9: AMBULANCE RATES
A. Non Emergency Transfers - $140.00, plus $4.00 per loaded mile, with a minimum mileage charge of two (2) miles.
B. Emergency Services - $150.00, plus $4.00 per loaded mile, with a minimum mileage charge of two (2) miles.
C. Transporting Extra Patients - For each extra patient that is transported, an extra charge will be made of one-half (1/2) of the total price charged for a single patient.
(Ordinance No. 95-6 of August 22, 1995)
SEC. 10: GOLF COURSE FEES
Beginning in 1997, all golf course fees, including green fees, cart rental fees, annual membership fees, and fees and policies concerning golf cart sheds, shall be set annually upon motion duly made, seconded, and approved by a majority of the members of the City Commission present and voting. (Ordinance No. 97-07 of July 22, 1997)
SEC. 11: FIREMEN SAFETY EQUIPMENT FUND
The City shall place $100.00 per month into a special fund for the firemen for the sole purpose of purchasing needed safety equipment in lieu of the prior discount allowed each fireman on his monthly utility bill. (Approved August 12, 1980)
SEC. 12: SENIOR CITIZENS GOVERNING BOARD
A. Senior Citizens Governing Board Created
There is created a Senior Citizens Governing Board. Said board shall consist of nine members, all of whom must reside within the corporate limits of the City of Electra, Texas, and all of whom must be qualified voters. Members of said board shall be selected by a majority vote of the City Commission of the City of Electra, Texas, with the following exceptions: One member shall be the representative of the City of Electra on the Board of Directors of the Community Action Corporation of Wichita Falls, and one member shall be the president of the Senior Citizens Organization of Electra Service Corporation. All members shall serve for a term of three years, with the exception of those two exceptions noted above. All terms shall commence March 1st. Terms shall be staggered so that three board members shall be selected each year. Should any vacancies occur in said board due to death, resignation, or loss of eligibility to any member of said board, the remaining members of said board may select another eligible citizen to serve such time as remains on the term of the person whom they succeeded. All of said board members shall serve without compensation.
B. Board Governed by Majority Rule; Officers
Said board shall govern by majority rule, and said board shall, from its own members, elect its chairman, vice-chairman, and secretary.
C. Duties Generally
The Senior Citizens Governing Board shall exercise dominion and control, issue such regulations or edicts, sponsor such activities, and in all ways manage the properties belonging to the City of Electra and known as the Senior Citizens Center.
D. Budget Required
Said Senior Citizens Governing Board shall, on or before August 1 of each year, submit to the City Commission of the City of Electra, through the office of the City Manager, its estimated operating budget for the fiscal year beginning October 1 and ending September 30 for each ensuing year. Said budget shall set forth such sums of money as might be necessary to keep said Senior Citizens Center in a good state of repair, such additions to said center as might be necessary, and such sums as are necessary for the purchase of equipment and paraphernalia necessary to make said center a viable and enjoyable haven for the senior citizens of this City.
E. Director of Senior Citizens Center
Said Senior Citizens Governing Board may nominate and submit to the City Commission of Electra, Texas, for its advice and consent, a person to be employed as director of the Senior Citizens Center. Said director shall be considered an employee of the City of Electra at such salary as may be budgeted, submitted and approved by the City Commission of the City of Electra, Texas. Said director shall also be reimbursed by said City for all travel and other expenses expended and incidental to this position.
(Resolution of February 27, 1973; Ordinance No. 84-2 of January 10, 1984)
SEC. 13: MUNICIPAL LIBRARY
The Electra Municipal Library shall be a part of the Major Resource System, as set forth in the Library Systems Act, Section 13, so as to entitle it to all of the benefits of said act by reason of said accreditation. The librarian of the City of Electra, Texas, be authorized to execute such applications, reports, and other instruments as are necessary to seek accreditation by the State Library System and to render such reports, requests, and maintain such records as such membership will require.
(Resolution of December 15, 1971)
SEC. 14: COMMUNITY CENTER REGULATIONS
A. Rental Rates
The rental rates charged for the community center shall be left to the discretion of the City Administrator, who, in addition to the rent charged, may require a security and cleaning deposit for the rental of the Community Center.
(Ordinance No. 2005-10; September 13, 2005)
B. Who May Rent Community Center
The Electra, Texas community center is to be used by the public for nonprofit activities only on a first serve basis. No activity may rent the community center for commercial activities and/or personal monetary gain. No activity that charges for service, lessons, and furnishes a service for donations may use this building, except for school or school related uses. The following uses are authorized: School or school related, family reunions, parties, free classes, and free lessons.
The recreation center at the County Club may be rented for all other types of community activities and service fees charged.
(Approved October 11, 1983)
SEC. 15: CEMETERY REGULATIONS
A. Public Cemetery Designated
(1) There shall be public cemeteries under the control of the City of Electra on property described as follows:
(a) Being out of Section 223, Waggoner Colony Lands, Wichita County, Texas, and being described by metes and bounds, as follows, to-wit:
Beginning at a point in the East boundary line of a twenty-two (22) acre tract of land conveyed to E. M. Friend by D. M. Carter, et ux, on the 27th day of October A.D., 1920, which deed of conveyance is recorded in Volume 213, Page 48, Deed Records of Wichita County, Texas, to which reference is hereby made for a full description of said twenty-two (22) acre tract of land; said point being 645.4 feet North of the Southeast corner of said twenty-two (22) acre tract of land; thence North 1078.6 feet to the Northeast corner of said twenty-two (22) acre tract of land; thence West 545.8 feet to the Northwest corner of said twenty-two (22) acre tract of land; thence South 1070.4 feet along the West boundary line of said twenty-two (22) acre tract of land to a point in the West boundary line of said twenty-two (22) acre tract of land 645.4 feet North of the Southwest corner of said twenty-two (22) acre tract of land; thence East 545.4 feet to the place of beginning, save and except a one acre tract in the form of a square out of the Northwest corner of said tract of land hereby conveyed, which one acre tract of land was heretofore conveyed to W. G. Gossage by E. M. Friend, said tract hereby conveyed containing twelve and 44/100 (12.44) acres of land. There is further excepted from this conveyance a strip of ground thirty (30) feet wide running across the South end of the tract hereby conveyed for road or street purposes, and should said thirty foot strip ever cease to be used for such purposes, the title to the same automatically reverts back to the grantors herein.
(b) Being ten (10) acres out of Section No. Two (2), Abstract No. 676 of the H & GN RR Co. Survey in Wichita County, Texas, described by metes and bounds as follows: Commencing at the Southeast corner of said Section No. Two; thence West along the South line of said section a distance of 347 feet a stake for corner; thence North parallel to the East line of said section a distance of 1255.33 feet, a stake for corner; thence East parallel to the South line of said section a distance of 347 feet to a stake in the East line of said section for corner; thence South along the East line of said section a distance of 1255.33 feet to the place of beginning and containing ten (10) acres, more or less.
(c) Beginning at the Northwest corner of stake of the twenty-two (22) acres, more or less, belonging to E. M. Friend, and situated in Wichita County, Texas, Subdivision No. 223, Waggoner Colony Lands, as recorded in the Deed Records of Wichita County, Texas; thence East 208.7 feet along the property line to the point of beginning, and same being one acre in the form of a square out of the Northwest corner of the land which E. M. Friend bought from D. M. Carter and wife, Annie L. Carter.
(2) The map of plat of said cemetery prepared by Isbell & Morgan and dated April 1, 1922, now on file with the City Secretary, is hereby adopted by the City of Electra, and the divisions and numbers of blocks and lots, and the designation and passways as in said map specified, laid down, and defined shall hereafter be observed, regarded, and respected.
The cemetery of the City shall be under the general charge and supervision of a sexton, who shall see that the ordinances of the City in relation thereto, as well as the regulations and directions of the City Commission, are enforced and observed.
C. City Commission to Promulgate Rules and Regulations Governing Cemetery
The City Commission shall from time to time make all needful rules and regulations not otherwise provided for the government of the sextons, the cemetery and the conduct of persons visiting the same, and the same shall be published and posted in the cemetery for the observance and direction of all concerns.
D. Cemetery Lots to be Sold at Terms and Prices Determined by City Commission
Lots shall be sold or otherwise disposed of in the cemetery upon such terms and at such prices as may be determined by the City Commission.
E. Unlawful to Destroy or Damage Cemetery Property
It shall be unlawful for any person to willfully molest, deface, break, destroy, or tear down any fence surrounding said cemetery or surrounding any grave or other portion of said cemetery of any building or structure or tombstone in said cemetery, or to cut or break down any tree or other shrubbery placed in said cemetery. And anyone violating this section, upon conviction thereof, shall be fined in any sum not exceed one hundred dollars ($100.00).
(Ordinance of January 9, 1924; Ordinance No. 84-2 of January 10, 1984)
F. Unlawful to Use Soil Sterilizers
It shall be unlawful for any person to willfully use a soil sterilizer at any public cemetery under the control of the City of Electra. Any person violating this section, upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars ($500.00), and additionally, upon conviction, may be judicially required to make restitution for any damage resulting from the use of such soil sterilizer. (Ordinance No. 2000-04 of May 23, 2000)
(Ordinance No. 93-6 of June 8, 1993)
SEC. 16: EMERGENCY ACTIONS BY CITY OFFICIALS, AGENTS, OR EMPLOYEES
Every officer, agent, or employee of the City and every officer, agent, or employee of an authorized provider of emergency services, including, but not limited to, every unit of government or subdivision thereof, while responding to emergency calls or reacting to emergency situations, regardless of whether any declaration of emergency has been declared or proclaimed by a unit of government or subdivision thereof, is hereby authorized to act or not to act in such a manner to effectively deal with the emergency. An action or inaction is “effective” if it in any way contributes or can reasonably be thought to contribute to preserving any lives or property. This section shall prevail over every other ordinance of the City and, to the extent to which the City has the authority to do so, authorize over any other law establishing a standard of care in conflict with this section. Neither the City nor the employee, agent, or officer thereof, or other unit of government or subdivision thereof, or its employees, agents, or officers shall be liable for the failure to use ordinary care in such emergency. It is the intent of the City Commission, by passing this section, to assure effective action in emergency situations by those entrusted with the responsibility of saving lives and property by protecting such governmental units from liability, and their employees, agents, and officers from non-intentional tort liability to the fullest extent permitted by statutory and constitutional law. This section shall be liberally construed to carry out the intent of the City Commission.
(Ordinance No. 86-1 of January 14, 1986)
SEC. 17: MUNICIPAL ELECTIONS
A. Election Date for Mayor and City Commission
That effective with all elections held after September 1, 1987, the election of Mayor and City Commissioners shall be held the first Saturday in May of each year on the same staggered basis as is presently in effect.
B. Election Date for Run-Offs
That in the event any two (2) or more candidates for the same office receive an identical number of votes and the result of the election is not otherwise determined, a run-off election shall be held on the third Saturday of May following the election in which a tie vote occurred.
C. Conflicting Provisions
The purpose of this section is to comply with Section 41.001 of the Election Code of the State of Texas and all previous ordinances, resolutions, or charter provisions in conflict herewith are hereby amended to conform to this section or, alternatively, are hereby repealed, canceled, and held for naught.
(Ordinance No. 87-12 of December 15, 1987)
Editor’s Note: On the first Saturday in May 1988 the City of Electra shall hold an election to elect a Mayor and City Commissioners, Place 1 and Place 2. These positions shall be elected henceforth on that day in each even numbered year. On the third Saturday in May 1989 the City of Electra shall hold an election to elect City Commissioners, Place 3 and Place 4. These positions shall be elected henceforth on that day in each odd numbered year.
SEC. 18: PURCHASING POLICY
SECTION I - SCOPE OF POLICY
In accordance with established financial management principals, there shall be a purchasing policy, which sets forth procedures for purchasing goods and services for the City of Electra. The policy shall apply to all purchases, with the exception of those noted within this policy and "professional services," such as engineers, architects, legal counsel, etc.
SECTION II - PURCHASING AGENT
The City Administrator, or an employee appointed by the City Administrator, shall serve as a purchasing agent and will be responsible for the administration of this policy. All purchases shall comply with the provisions of this policy.
SECTION III - PROFESSIONAL SERVICES
State law provides that professional services should not be obtained through competitive bids. The Mayor and City Council will consider the professional training, experience, and reputation in the selection process of engineering, architectural, and other professional services. The Mayor and City Council may consider requesting proposals for services to assist in the selection of professionals.
SECTION IV - CAPTIVE BIDS
Items which can only be obtained from one vendor shall be exempt from the bidding process. Documentation of all efforts to obtain quotes from more than one source shall be maintained.
SECTION V - EXCEPTIONS
In compliance with Section 252.022 of the Local Government Code of the State of Texas, this policy does not apply to an expenditure for:
A. A procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the municipality's residents, or to preserve the property of the municipality;
B. A procurement necessary to preserve or protect the public health or safety of the municipality's residents;
C. A procurement necessary because of unforeseen damage to public machinery, equipment, or other property;
D. A procurement for personal, professional, or planning services;
E. A procurement for work that is performed and paid for by the day as the work progresses;
F. A purchase of land or a right-of-way;
G. A procurement for items that are available from only one source, including:
1. Items that are available from only one source because of patents, copyrights, secret process, or natural monopolies;
2. Films, manuscripts, or books;
3. Electricity, gas, water, or other utility services;
4. Captive replacement parts or components for equipment;
5. Books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and
6. Management services provided by a non-profit organization to a municipal museum, park, zoo, or other facility, to which the organization has provided significant financial or other benefit.
H. A purchase of rare books, papers, and other literary materials for a public library;
I. Paving draining, street-widening, and other public improvements, or related materials, if at least one-third of the cost is to be paid by or through special assessments levied on property which will benefit from the improvements;
J. A public improvement project authorized by the voters of the City of Electra, for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters;
K. A payment under a contract by which a developer participates in the construction of a public improvement as provided by Subchapter C, Chapter 212, of the Local Government Code of the State of Texas;
L. Personal property sold:
1. At an auction by a state licensed auctioneer;
2. At a going-out-of-business sale held in compliance with Subchapter F, Chapter 17, Business and Commerce Code of the State of Texas;
3. By a political subdivision of this state, a state agency of this state, or an entity of the federal government; or
4. Under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Chapter 391; or
M. Services performed by blind or severely disabled persons.
SECTION VI - PURCHASES OVER $15,000.00
Any purchase of goods or services in excess of $15,000.00 requires notice to bidders through advertisement in a local paper and sealed competitive bids. State law requires that notice of the time and place when and where contract shall be let be published once a week for two consecutive weeks prior to the time set for letting such contracts. The date of the first publication must be at least 15 days prior to the date set for the letting of said contract.
The contract shall be let to the lowest responsible bidder and the Mayor and City Council shall have the right to reject any and all bids. The Mayor and City Council reserve the right to determine qualifications for a responsible bidder. The successful bidder will be required to provide the City with a performance bond unless the project is for less than $50,000.00. The Mayor and City Council may provide in a contract that no money will be paid to the contractor until completion and acceptance of the work by the City.
Authorization must be granted by the City Council to prepare specifications and to advertise for bids before the City can make any purchase of more than $15,000.00.
Publication in the newspaper of a notice as described above will be provided as required by state law. Publication shall specify the time, date, and place when bids must be received and, additionally, shall specify the time, date, and place where bids will be awarded by the City Council.
Once the sealed bids are received, on the date and at the time specified, no changes will be accepted by the City of Electra. If the City feels that a better bid can be obtained by re-bidding the item, then the Mayor and City Council may consider rejecting all bids and placing a new advertisement for bids.
SECTION VII - SEALED PROPOSALS
The City of Electra may use the competitive sealed proposal procedure, rather than competitive bidding, for high technology procedures only, in accordance with Section 252.021 and Section 252.042 of the Local Government Code of the State of Texas, and in such instances must specify in its notice the relative importance of price and other evaluation factors.
SECTION VIII - PURCHASES OF $2,500.00 - $15,000.00
All purchases between $2,500.00 and $15,000.00 shall require informal written bids from at least three different companies. When less than three companies provide the item to be purchased, or when the item to be purchased is a captive part, this should be noted on the purchase order and the requirement of three written bids will be waived to the extent that they are not available. No advertisements will be required but the bids must be submitted in writing. A copy of the bids will be given to the accounts payable clerk at the time the bill is submitted for payment.
Purchase orders excess of 2,500.00 must be signed by the department head and either the City Administrator or the City Treasurer.
SECTION IX - PURCHASES OF $500.00 - $2,500.00
All purchases between $500.00 and $2,500.00 shall require verbal bids from at least three different companies. The department purchasing the item should keep a record of the bids received. A statement indicating the companies contacted and prices quoted shall be attached to the purchase order at the time it is submitted for payment.
All purchases in this category shall be handled by the City's purchase requisition system. It shall be the department head's responsibility to initiate the purchase order.
The department head shall be responsible to see that the item is budgeted and that a sufficient amount of funds are available in the budget to pay for the item. Department heads should seek the approval of the Mayor and City Council for any exceptions that will be over the amount budgeted.
SECTION X - PURCHASES OF $100.00 - $500.00
All purchases between $100.00 and $500.00 require both department head approval and a purchase order; however, they do not require bids. While bids are not required, department heads are still expected to perform price comparisons.
SECTION XI - PURCHASES UNDER $100.00
Department heads and employees are authorized to make purchases in the amount of $100.00 or less. These purchases will normally involve day-to-day and minor maintenance and repair items. Department heads should simply submit an invoice or other proof of purchase showing the amount of the purchase and the account to be charged so that payment can be made. Department heads will be expected to exercise good judgment and discretion in making these purchases and should not attempt to use multiple purchases of $100.00 or less to avoid using a purchase order.
SECTION XII - REPEATING PURCHASES ORDERS
Items which occur on a monthly or quarterly basis do not require a purchase order each and every time a payment is made. Lease agreements, utility changes, payroll deductions, etc., do not require a purchase order each time a payment is made. These items will have a purchase order issued which authorizes repeat payments to the same vendor.
SECTION XIII - UNAUTHORIZED PURCHASES
Any purchase not made in accordance with these policies may be deemed unauthorized. These guidelines are designed to encourage prudent purchases and to keep the City's purchasing activities open for examination by the Mayor and City Council. The City Council has the authority to review and approve all purchases.
Purchases may be made only within the budgetary line item constraints by department heads. The City Administrator may approve expenditures over budgeted line items as long as the department's total budget is not exceeded. The City Council must approve any expenditures over the department budget total.
SECTION XIV - PURCHASE ORDER PROCEDURE
Purchase orders will be made available to department heads by the City Administrator. All purchases over $100.00 require a purchase order signed by the department head. Prior approval will be required for all purchases.
Purchase orders will be pre-numbered and a log will be maintained at all times as to which purchase orders are outstanding, which purchase orders have been received and inspected, and which purchase orders are ready for payment.
The following is a brief explanation of the purchase order:
The purchase order (3 copies)
A. Department head copy (yellow) - This copy is kept for three years by the department head for documentation and budget planning;
B. Vendor copy (pink) - This copy is sent or given to the company as an order copy, if needed;
C. Original (white) - This copy is kept by the accounts payable clerk.
SECTION XV - LIABILITY INSURANCE
As a general rule, the City will require that service vendor's have liability insurance and worker's compensation insurance to protect the City. Performance bonds will be required for all construction projects over $50,000.00, and payment bonds will be required for all construction projects over $30,000.00. This especially applies to construction contractors, tow-truck operators, vehicle and equipment repair and maintenance shops, etc. The City will take any and all responsible steps to protect the City's investment in vehicles and equipment.
SECTION XVI - COMPETITIVE BIDDING IN RELATION TO
HISTORICALLY UNDERUTILIZED BUSINESS
In accordance with Section 252.0215 of the Local Government Code of the State of Texas, the City of Electra, in making an expenditure of more than $3,000.00, but less than $15,000.00, shall contact at least two disadvantaged businesses, on a rotating basis, based on information provided by the Office of Small Business Assistance, of the Texas Department of Commerce, pursuant to Section 1.03, State Purchasing and General Services Act (Article 601(b), Vernon's Texas Civil Statutes). If the list fails to identify a disadvantaged business in Wichita County, the City of Electra is exempt from this section.
Prior to making any purchase of over $3,000.00, but less than $15,000.00, the department head, with the assistance of the City Administrator, shall determine the applicability of this section and, if required, fully comply with its provisions.
(Ordinance No. 96-1 of January 9, 1996)
Section 19: EMERGENCY MANAGEMENT
There exists the office of Emergency Management Director of the City of ELECTRA, which shall be held by the Mayor in accordance with state law.
1. An Emergency Management Coordinator may be appointed by and serve at the pleasure of the Director;
2. The Director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this ordinance. He/she may delegate authority for execution of these duties to the Coordinator, but ultimate responsibility for such execution shall remain with the Director.
3. The operational Emergency Management organization of the City of ELECTRA shall consist of the officers and employees of the City so designated by the Director in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.
B. EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES
The duties and responsibilities of the Emergency Management Director shall include the following:
1. Conduct an on-going survey of actual or potential hazards which threaten life and property within the city and an on-going program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.
2. Supervision of the development and approval of an emergency management plan for the City of ELECTRA, and shall recommend for adoption by the City Commission all mutual aid arrangements deemed necessary for the implementation of such plan.
3. Authority to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of 7 days except by or with the consent of the City Commission. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Secretary.
4. Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this ordinance. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and unless circumstances attendant on the disaster prevent or impede, promptly filed with the City Secretary.
5. Direction and control of the operations of the ELECTRA Emergency Management organization as well as the training of Emergency Management personnel.
6. Determination of all questions of authority and responsibility that may arise within the Emergency Management organization of the City.
7. Maintenance of liaison with other municipal, county, district, state, regional or federal, Emergency Management organizations.
8. Marshaling of all necessary personnel, equipment and supplies from any department of the City to aid in the carrying out of the provisions of the Emergency Management plan.
9. Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the county-wide coordination of Emergency Management efforts.
10. Supervision of, and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving Emergency Management within the City.
11. Authorizing of agreements, after approval by the City Attorney, for use of private property for public shelter and other purposes.
12. Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein.
13. Other requirements as specified in Texas Disaster Act 1975 (V.T.C.S. Article 6889-7).
C. EMERGENCY MANAGEMENT PLAN
A comprehensive Emergency Management Plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization, establish and designate divisions and functions, assign responsibilities, tasks, duties, and powers, and designate officers and employees to carry out the provisions of this ordinance. As provided by state law, the plan shall follow the standards and criteria established by the State Division of Emergency Management of the State of Texas. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the State Division of Emergency Management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The Emergency Management plan shall be considered supplementary to this ordinance and have the effect of law during the time of a disaster.
D. INTERJURISDICTIONAL PROGRAM
The Mayor is hereby authorized to join with the County Judge of the County of WICHITA and the mayors of the other cities in said county in the formation of an Emergency Management Council for the County of WICHITA shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint Emergency Management Coordinator, as well as all powers necessary to participate in a county-wide program of emergency management insofar as said program may affect the City of ELECTRA.
At all times when the orders, rules, and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.
This ordinance is an exercise by the City of its governmental functions for the protection of the public peace, health, and safety and neither the City of ELECTRA, the agents and representatives of said City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any order, rule, or regulation liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grant to the City of ELECTRA a license of privilege, or otherwise permits the City to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person.
G. COMMITMENT OF FUNDS
No person shall have the right to expand any public funds of the City in carrying out any Emergency Management activity authorized by this ordinance without prior approval by the City Commission, nor shall any person have any right to bind the City by contract, agreement or otherwise without prior and specific approval of the City Commission unless during a declared disaster. During a declared disaster, the Mayor may expend and/or commit public funds of the City when deemed prudent and necessary for the protection of health, life or property.
H. OFFENSES; PENALTIES
1. It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the Emergency Management organization in the enforcement of any rule or regulation issued pursuant to this ordinance, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this ordinance.
2. It shall likewise be unlawful for any person to wear carry or display any emblem, insignia or any other means of identification as a member of the Emergency Management organization of the City of ELECTRA, unless authority to do so has been granted to such person by the proper officials.
3. Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this ordinance and shall be subject to the penalties imposed by this ordinance.
4. Convictions for violations of the provisions of this ordinance shall be punishable by fine not to exceed two hundred dollars ($200.00).
If any portion of this ordinance shall, for any reason, be declared invalid such, invalidity shall not affect the remaining provisions thereof.
This ordinance shall not be construed so as to conflict with any State or Federal statute or with any military or naval order, rule or regulation.
All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.
(Ordinance 2010-07, as of September 23, 2010)
SEC. 20: OWNERS TO GIVE NOTICE OF PROPERTY RESTRICTIONS UPON SALE
A. Notice of Property Restrictions Must be Given by Seller to Purchaser
Any person who sells or conveys restricted property located inside the boundaries of the City of Electra, Texas, shall first give to the purchaser thereof written notice of restrictions and notice of the City of Electra’s right to enforce compliance with those restrictions.
B. Contents of Notice
The above referred to notice to the purchaser shall contain the following information:
(1) The name of each purchaser;
(2) The name of each seller;
(3) The legal description of the property;
(4) The street address of the property;
(5) A statement that the property is subject to deed restrictions and the City of Electra is authorized to enforce the restrictions;
(6) A reference to the volume and page, clerk’s file number, or film code number where the restrictions are recorded; and
(7) A statement that provisions that restrict the sale, rental, or use of the real property on the basis of race, color, religion, sex, or national origin are unenforceable.
C. Notice Must be Given to Purchaser Before Closing
The above referenced notice must be given to the purchaser of such restricted property at or before the final closing of the sale and purchase. The seller and purchaser shall each sign and acknowledge said notice and, following the execution, acknowledgment and closing of the sale and purchase, the notice shall be recorded in the real property records of Wichita County, Texas.
D. City Secretary to File Copy of this Provision with County Clerk
The City Secretary of the City of Electra is directed that, after final passage of this section, it shall be filed in the records of the Wichita County Clerk’s office.
E. Form of Notice
The above referred to notice shall be in substantially the following form:
NOTICE OF RESTRICTIONS
The Seller of real property, under Subchapter 14, Chapter 230, Local Government Code, Section 230.005, gives the following notice:
The above described property is subject to Deed Restrictions and the municipality wherein the property is located is authorized to enforce the restrictions.
The restrictions are recorded in the County Clerk’s office as follows:
Volume and page or County Clerk’s file number or film code number:
Any provision that restricts the sale, rental, or use of the real property on the basis of race, color, religion, sex, or national origin are unenforceable.
This notice shall be given to the purchaser at or before the final closing of the sale and purchase of the above described property and shall be recorded in the real property records of the county wherein the real property is located.
THE STATE OF _________ §
COUNTY OF ___________ §
This instrument was executed before me this ______ day of ___________________, by ______________________________.
Notary Public, State of Texas
THE STATE OF _________ §
COUNTY OF ___________ §
This instrument was executed before me this ______ day of ___________________, by ______________________________.
Notary Public, State of Texas
F. Penalty for Violations
Failure of any seller to comply with this section shall be a misdemeanor enforceable in the municipal court of the City of Electra and said seller, or each of said sellers, should there be more than one, shall be subject to a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00).
(Ordinance No. 89-8 of November 28, 1989; Ordinance No. 2000-04 of May 23, 2000)
SEC. 21: ROOM OCCUPANCY TAX
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:
(1) Hotel means any building, trailer or other facility in which a member or members of the public way, for a consideration, obtain sleeping accommodations. The term shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses, trailer houses, trailer motels, dormitory space (regardless of whether the bed space is rented to individuals or groups), apartments and all other facilities where rooms or sleeping facilities or space are furnished for a consideration. The term hotel shall not be defined so as to include hospitals, sanitariums, or nursing homes.
(2) Consideration shall mean the cost of the room, sleeping space, bed, or dormitory space, or other facility in such hotel, and shall not include the cost of food served or personal services rendered to the occupant not related to cleaning and readying such room for occupancy, shall not include any tax assessed for occupancy therefor by any other governmental agency.
(3) Occupancy shall mean the use or possession, or the right to use or possession of any room, space, or sleeping facility in a hotel for any purpose.
(4) Occupant shall mean anyone who, for a consideration, uses, possesses, or has right to use or possess any room or rooms of sleeping space or facility in a hotel under any lease, concession, permit, right of access, license, contract, or agreement.
(5) Person shall mean any individual, company, corporation, or association owning, operating, managing, or controlling any hotel.
(6) City Secretary shall mean the City Secretary of the City of Electra.
(7) Monthly Period shall mean the regular month of the year.
(8) Permanent Resident shall mean any occupant who has or shall have the right to occupancy of any room or rooms or sleeping quarters or facility in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year.
(Ordinance of January 23, 1990, Sec. 1)
B. Levy or Tax; Rate; Exception
(1) There is hereby levied a tax upon the cost of occupancy of any room or space furnished by any hotel where such cost of occupancy is at the rate of two dollars ($2.00) or more per day; such tax to be equal to seven percent (7%) of the consideration paid by the occupant of such room, space, or facility to such hotel exclusive of other occupancy taxes imposed by other governmental agencies.
(2) No tax shall be imposed hereunder upon a permanent resident.
(3) No tax shall be imposed hereunder upon a corporation or association organized and operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
(Ordinance of January 23, 1990, Sec. 2)
Every person owning, operating, managing, or controlling any hotel shall collect the tax imposed in subsection B hereof for the City of Electra.
(Ordinance of January 23, 1990, Sec. 3)
On or before the 30th day of April, July, October, and January, every person required in subsection C hereof to collect the tax imposed herein shall file a report with the City Secretary showing the consideration paid for all room or sleeping space occupancies in the immediately preceding quarter, the amount of tax collected on such occupancies, and any other information the City Secretary may reasonably require, which report shall be in writing. Such persons shall pay the tax due on such occupancies at the time of filing of such report. Every person paying the tax on or before the date required by this paragraph shall be entitled to discount one percent (1%) of the tax due.
(Ordinance of January 23, 1990, Sec. 4)
E. Procedures; Rules and Regulations for Collecting Taxes
The City Secretary shall adopt such procedures, rules, and regulations as are reasonably necessary to effectively collect the tax levied herein, and shall, upon request of any person owning, operating, managing, or controlling any hotel, furnish a copy of such procedures, rules, and regulations for the guidance of such person and facilitate the collection of such tax as in writing and a copy thereof shall be placed on file with the City Secretary. The City Secretary shall be permitted to have access to books and records during reasonable business hours as shall be necessary to enable the City Secretary to determine the correctness of the amount due under the provision of this section, or to determine whether or not a report should have been filed and the amount, if necessary, of taxes due.
(Ordinance of January 23, 1990, Sec. 5)
If any person required by the provisions of this section to collect the tax imposed herein, or make reports as required herein, and pay to the City Secretary the tax imposed herein, or if any person shall file a false report, or any person shall violate any of the provisions of this section, such person shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00) and shall pay to the City Secretary the tax due, together with a penalty of five percent (5%) of the tax due for each thirty (30) days that the same is not timely filed.
(Ordinance of January 23, 1990, Sec. 6; Ordinance No. 2000-04 of May 23, 2000)
G. Use of Proceeds
(1) The proceeds of the tax levied by this section shall be used only for those purposes allowed by applicable statutes of the State of Texas in effect at the time such taxes are collected.
(Ordinance of January 23, 1990, Sec. 7)
(2) That portion of the tax revenue equal to at least two percent (2%) of the cost of the occupancy of hotel rooms shall be used only for the purpose specified in paragraph 1, 2 and 3 of Section 3c of Article 1269j-4.1 of the Revised Civil Statutes of the State of Texas.
(Ordinance of January 23, 1990, Sec. 11)
H. Advisory Board
(1) Advisory Board Created
There is hereby created a Hotel-Motel Occupancy Tax Advisory Board, consisting of five members, each of whom shall be a resident of the City of Electra and who shall serve without pay.
(2) Appointment; Vacancies; Removal
Members of said board shall be appointed by the City Commission of the City of Electra. The terms of said members shall be for a period of three years and thereafter until their successors are appointed and approved; however, the initial term shall be staggered by appointing three of the initial members of the board to a term of one year and two members to a term of two years. All vacancies shall be filled by the City Commission and shall be for the remainder of the term of the vacating member. Any member of the board may be removed from office at any time by a three-fifths majority vote of the City Commission and no reason need be given for such removal.
The board shall elect a chairman, a vice-chairman, and a secretary from its members. The chairman shall preside at all board meetings; the vice-chairman shall preside in the absence of the chairman.
Meetings of the board shall be open to the public and shall be at the call of its chairman or at such other times as the rules of the board shall determine.
(5) Quorum; Action
For the purposes of transacting any business, four members of the board shall constitute a quorum and at least four affirmative votes shall be necessary to carry any action of the board.
(6) Responsibilities and Duties
(a) The board shall have no power other than to advise the City Commission and the City Administrator concerning matters related to the expenditure of funds collected from the hotel-motel occupancy tax.
(b) The board shall have the responsibility and duty to assist the City Commission in determining the best manner in which to expend funds collected from said tax and determining that said expenditures are used only for the purposes provided in paragraphs 1, 2, and 3 of Section 3(c) of Article 1269(j)-4.1 of the Revised Civil Statutes of the State of Texas, or to the applicable statutes of the State of Texas in effect at the time such taxes are collected. Further, the board shall have the responsibility and duty to consider requests from other organizations and agencies concerning the expenditure of such funds.
The board shall have the authority to appoint such committees as it deems necessary and advisable and the members of such committees need not be members of the board.
(Ordinance No. 98-03, January 13, 1998)
SEC. 22: RECORDS MANAGEMENT
A. Definition of City Records
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 it is open or restricted under the laws of the state, created or received by the City of Electra 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 of Electra and shall be created, maintained, and disposed of in accordance with the provisions of this policy or procedures authorized by it and in no other manner.
(Ordinance No. 91-1 of January 22, 1991, Sec. 1)
B. Additional Definitions
(1) Department Head means the officer who by ordinance, order, or administrative policy is in charge of an office of the City of Electra that creates or receives records.
(2) Essential Record means any record of the City of Electra necessary to the resumption or continuation of operations of the City of Electra in an emergency or disaster, to the recreation of the legal and financial status of the City of Electra, or to the protection and fulfillment of obligations to the people of the state.
(3) Permanent Record means any record of the City of Electra for which the retention period on a records control schedule is given as permanent.
(4) Records Control Schedule means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City of Electra, their retention periods, and other records disposition information that the records management program may require.
(5) Records Management means 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 record-keeping. 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.
(6) Records Liaison Officers means the persons designated under subsection J of this policy.
(7) Records Management Committee means the committee established in subsection F of this policy.
(8) Records Management Officer means the person designated in subsection E of this policy.
(9) Records Management Plan means the plan developed under subsection G of this policy.
(10) Retention Period means 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 No. 91-1 of January 22, 1991, Sec. 2)
C. 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 Electra. 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.
(Ordinance No. 91-1 of January 22, 1991, Sec. 3)
It is hereby declared to be the policy of the City of Electra 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, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice.
(Ordinance No. 91-1 of January 22, 1991, Sec. 4
E. Designation of Records Management Officer
The City Secretary, and the successive holders of said office, shall serve as Records Management Officer for the City of Electra. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty (30) days of the initial designation or of taking up the office, as applicable.
(Ordinance No. 91-1 of January 22, 1991, Sec. 5)
F. Establishment of Records Management Committee; Duties
A records management committee is hereby established. The Mayor shall appoint the members of the committee. The committee shall:
(1) Assist the Records Management Officer in the development of policies and procedures governing the records management program;
(2) Review the performance of the program on a regular basis and propose changes and improvements, if needed;
(3) Review and approve records control schedules submitted by the Records Management Officer;
(4) Give final approval to the destruction of records in accordance with approved records control schedules; and
(5) Actively support and promote the records management program throughout the City of Electra.
(Ordinance No. 91-1 of January 22, 1991, Sec. 6)
G. Records Management Plan to be Developed; Approval of Plan; Authority of Plan
(1) The Records Management Officer and the records management committee shall develop a records management plan for the City of Electra for submission to the City Commission. 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 city; and to properly preserve those records of the city 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 policy effectively.
(2) Once approved by the City Commission, the records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the City of Electra and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan.
(3) 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 policy 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 of Electra.
(Ordinance No. 91-1 of January 22, 1991, Sec. 7)
H. Duties of Records Management Officer
In addition to other duties assigned in this policy, 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 city office and department to ensure maximum availability of the records in order to reestablish 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) Provide records management advise and assistance to all city departments by preparation of a manual or manuals of procedure and policy and by on-site consultation;
(8) Monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the city’s records control schedules are in compliance with state regulations;
(9) Disseminate to the City Commission and department heads information concerning state laws and administrative rules relating to local government records;
(10) Instruct Records Liaison Officers and other personnel in policies and procedures of the records management plan and their duties in the records management program;
(11) Direct Records Liaison Officers and other personnel in the conduct of records inventories in preparation for the development of records control schedules as required by state law and this policy;
(12) Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the city’s records is carried out in accordance with the policies and procedures of the records management program and the requirements of state law.
(13) Maintain records on the volume of records destroyed under approved records control schedules, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition.
(14) Report annually to the City [Commission] on the implementation of the records management plan in each department of the City of Electra, including summaries of the statistical and fiscal data compiled under subsection (13) above; and
(15) Bring to the attention of the City Commission noncompliance by department heads or other city personnel with the policies and procedures of the records management program or the Local Government Records Act.
(Ordinance No. 91-1 of January 22, 1991, Sec. 8)
I. Duties and Responsibilities of Department Heads
In addition to other duties assigned in this policy, department heads shall:
(1) Cooperate with the Records Management Officer in carrying out the policies and procedures established in the City of Electra for the efficient and economical management of records and in carrying out the requirements of this policy;
(2) Adequately document the transaction of government business and the services, programs, and duties for which the department head and his or her staff are responsible; and
(3) Maintain the records in his or her care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the City of Electra and the requirements of this policy.
(Ordinance No. 91-1 of January 22, 1991, Sec. 9)
J. Designation of Records Liaison Officers
Each department head shall designate a member of his or her staff to serve as Records Liaison Officer for the implementation of the records management program in the department. If the Records Management Officer determines that, in the best interests of the records management program, more than one Records Liaison Officer should be designated for a department, the department head shall designate the number of Records Liaison Officers specified by the Records Management Officer. Persons designated as Records Liaison Officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the City of Electra maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a Records Liaison Officer, the department head shall promptly designate another person to fill the vacancy. A department head may serve as Records Liaison Officer for his or her department.
(Ordinance No. 91-1 of January 22, 1991, Sec. 10)
K. Duties and Responsibilities of Records Liaison Officers
In addition to other duties assigned in this policy, Records Liaison Officers shall:
(1) Conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedules;
(2) In cooperation with the Records Management Officer coordinate and implement the policies and procedures of the records management program in their department; and
(3) Disseminate information to department staff concerning the records management program.
(Ordinance No. 91-1 of January 22, 1991, Sec. 11)
L. Records Control Schedules to be Developed; Approval; Filing with State
(1) The Records Management Officer, in cooperation with department heads and Records Liaison Officers, shall prepare records control schedules on a department-by-department basis, listing all records created or received by the department, and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of city records as the records management plan may require.
(2) Each records control schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and records management program of the City of Electra.
(3) Before its adoption, a records control schedule or amended schedule for a department must be approved by the department head and the members of the records management committee.
(4) Before its adoption, a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The Records Management Officer shall submit the records control schedules to the director and librarian.
(Ordinance No. 91-1 of January 22, 1991, Sec. 12)
M. Implementation of Records Control Schedules; Destruction of Records Under Schedule
(1) A records control schedule for a department that has been approved and adopted under subsection G shall be implemented by department heads and Records Liaison Officers according to the policies and procedures of the records management plan.
(2) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the records, the subject matter of the record is pertinent to a pending law suit, or the department head requests in writing to the records management committee that the record be retained for an additional period.
(3) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the Records Management Officer from the records management committee.
(Ordinance No. 91-1 of January 22, 1991, Sec. 13)
N. Destruction of Unscheduled Records
A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the Records Management Officer has submitted to and received back from the director and librarian an approved destruction authorization request.
(Ordinance No. 91-1 of January 22, 1991, Sec. 14)
O. Records Center
A records center, developed pursuant to the plan required by subsection G, shall be under the direct control and supervision of the Records Management Officer. Policies and procedures regulating the operations and use of the records center shall be contained in the records management plan developed under subsection G.
(Ordinance No. 91-1 of January 22, 1991, Sec. 15)
Unless a micrographics program in a department is specifically exempted by order of the City Commission, all microfilming of records will be centralized and under the direct supervision of the Records Management Officer. The records management plan will establish policies and procedures for the microfilming of city records, including policies to ensure that all microfilming is done in accordance with standards and procedures for the microfilming of local government records established in rules of the Texas State Library and Archives Commission. The plan will also establish criteria for determining the eligibility of records for microfilming and protocols for ensuring that a microfilming program that is exempted from the centralized operations is, nevertheless, subject to periodic review by the records management officer as to cost-effectiveness, administrative efficiency, and compliance with commission rules.
(Ordinance No. 91-1 of January 22, 1991, Sec. 16)
Section 23 Enterprise Zone
A. The City nominates Cameron Solutions, Inc. for enterprise project status.
B. The following local incentives, at the election of the governing body, are or will be made available to the nominated project or activity of the qualified business:
- The City may abate taxes on the increase in value of real property improvements and eligible personal property that locate in a designated enterprise zone. The level of abatement shall be based upon the extent to which the business receiving the abatement creates jobs for qualified employees, in accordance with the City of Electra Tax Abatement Policy, and with qualified employee being defined by the Act.
- The City may provide regulatory relief to businesses, including:
- The City may provide enhanced municipal services to businesses, including:
- The City may provide improvements in community facilities, including:
- The City may provide improvements to housing, including:
- The City may provide business and industrial development services, including:
- The City may provide job training and employment services to businesses, including:
a) zoning changes or variances;
b) exemptions from unnecessary building code requirements, impact fees, or inspection fees; or
c) streamlined permitting.
a) improved police and fire protection;
b) institution of community crime prevention programs; or
a) capital improvements in water and sewer facilities;
b) road repair; or
c) creation or improvement of parks.
a) low-interest loans for housing rehabilitation, improvement, or new construction; or
b) transfer of abandoned housing to individuals or community groups.
a) low-interest loans for business;
b) provision of publicly owned land for development purposes, including residential, commercial, or industrial development;
c) creation of special one-stop permitting and problem resolution centers or ombudsmen; or
d) promotion and marketing services.
a) retraining programs;
b) literacy and employment skills programs;
c) vocational education; or
d) customized job training.
C. The enterprise zone areas within the City are reinvestment zones in accordance with the Texas Tax Code, Chapter 312.
D. The City of Electra City Commission directs and designates its Economic Development Coordinator as the City’s liaison to communicate and negotiate with the EDT through the Bank and enterprise project(s) and to oversee zone activities and communications with qualified businesses and other entities in an enterprise zone or affected by an enterprise project.
E. The City finds that Cameron meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act on the following grounds:
a) Cameron is a “qualified business” under Section 2303.402 of the Act since it will be engaged in the active conduct of a trade or business at a qualified business site within the governing body’s jurisdiction, located outside of an enterprise zone and at least thirty-five percent (35%) of the business’ new employees will be residents of an enterprise zone or economically disadvantaged individuals; and
b) There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities in the area; and
c) The designation of Cameron Solutions, Inc. as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area.
F. The enterprise project shall take effect on the date of designation of the enterprise project by EDT and terminate on September 2, 2015.
G. This ordinance shall take effect from and after its passage as the law and charter in such case provides.
(Ordinance No. 2010-06 of August 24, 2010,)
SEC. 24: TAX ABATEMENT (REINVESTMENT) ZONE
A. Tax Abatement (Reinvestment) Zone Established
Pursuant to the Property Redevelopment and Tax Abatement Act, as amended, the City Commission of the City of Electra, Texas, desires to promote the development or redevelopment of certain geographic areas within the jurisdiction by the creation of a reinvestment zone for commercial/industrial tax abatement. Such reinvestment zone is as follows:
(1) Certain property owned by NATCO and as described in Exhibit B of Ordinance No. 91-4 adopted on April 23, 1991, and designated as Reinvestment Zone No. 1. Such reinvestment zone becoming effective on April 23, 1991.
(Ordinance No. 91-4 adopted April 23, 1991)
SEC. 25: TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT
The following terms have the same meaning as defined in Section 11.253 of the Texas Tax Code, as amended.
1. The terms “dealer’s motor vehicle inventory,” “dealer’s vessel and outboard motor inventory,” “dealer’s heavy equipment inventory,” and “retail manufactured housing inventory” have the meanings assigned by Subchapter B, Chapter 23 of the Texas Tax Code, as amended.
2. The term “goods-in-transit” is defined to mean tangible personal property that:
(a) is acquired in or imported into this state to be forwarded to another location in this state or outside this state;
(b) is detained at a location in this state in which the owner of the property does not have a direct or indirect ownership interest for assembling, storing, manufacturing, processing, or fabricating purposes by the person who acquired or imported the property;
(c) is transported to another location in this state or outside this state not later than 175 days after the date the person acquired the property in or imported the property into this state; and
(d) does not include oil, natural gas, petroleum products, aircraft, dealer’s motor vehicle inventory, dealer’s vessel and outboard motor inventory, dealer’s heavy equipment inventory, or retail manufactured housing inventory.
3. The term “location” means a physical address.
4. The term “petroleum product” means a liquid or gaseous material that is an immediate derivative of the refining of oil or natural gas.
B. A person is not entitled to an exemption from taxation of the appraised value of that portion of the person’s property that consists of goods-in-transit. A person’s property consisting of goods-in-transit is hereby subject to ad valorem taxation pursuant to Section 11.253 of the Texas Tax Code, as amended.”
Ordinance No. 2007-13; December 11, 2007)