City of Seymour, Texas

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1.100 CODE OF ORDINANCES^*

Sec. 1.101     How Code Designated and Cited

The ordinances embraced in this, the preceding, and the following chapters, articles and sections shall constitute and be designated the “Seymour Revised City Code” or the “Seymour Revised Code of Ordinances” and may be so cited. (Ordinance adopting Code)

Sec. 1.102     Catchlines of Sections

The catchlines of the numbered and underlined sections of this code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines are amended or reenacted. (Ordinance adopting Code)

Sec. 1.103     Definitions and Rules of Construction

In the construction of this code, and of all ordinances and resolutions passed by the city council, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the city council:

City. The words “the city” or “this city” shall mean the City of Seymour, in the County of Baylor and State of Texas.

City Council. Whenever the words “city council” are used, they shall mean the city council of the City of Seymour, Texas

City Secretary, Chief of Police, or other city officers. The words “city secretary, chief of police, or other city officers” or “departments” shall be construed to mean the city secretary, chief of police or such other municipal officers or departments, respectively, of the City of Seymour, Texas.

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

County. The words “county,” “the county,” or “this county,” shall mean Baylor County, Texas.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Highway. The term “highway” shall include any street, alley, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway in the city, dedicated or devoted to public use.

Joint authority. Words purporting to give authority to three or more officer or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

Month. The word “month” shall mean a calendar month.

Number. Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.

Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “sear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

Or, and. “Or” may be read “and,” and “and” may be read “or,” if the sense requires it.

Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or a part of such building or land.

Person. The word “person” shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals.

Preceding, following. The words “preceding” and “following” mean next before and next after, respectively.

Roadway. The word “roadway” shall mean that portion of a street improved, designed for or ordinarily used for vehicular traffic.

Sidewalk. The word “sidewalk” shall mean any portion of the street between the curb, or the lateral line of the roadway and the adjacent property line, intended for the use of pedestrians.

Signature or subscription. The words “signature” or “subscription” shall include a mark when a person cannot write.

State. The words “the state” or “this state” shall be construed to mean the State of Texas.

Street. The term “street” shall include any highway, alley, street, avenue or public place or square, bridge, viaduct, underpass, overpass, tunnel or causeway in the city dedicated or devoted to public use.

Tense. Words used in the past or present tense include the future as well as the past and present.

Written or in writing. The words “written” or “in writing” shall be construed to include any representation of words, letters, or figures, whether by printing or otherwise.

Year. The word “year” shall mean a calendar year.

(Ordinance adopting Code)

Sec. 1.104     Amendments or Additions to Code

(a)     All ordinances passed subsequent to the adoption of this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection or any portion thereof, such repealed portions may be excluded from the code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this code and subsequent ordinances number or omitted are re-adopted as a new code by the city council.

(b)     Amendments to any of the provisions of this code shall be made by amending such provisions by specific reference to the section number of this code in the following language:

     “That section __________ of the Seymour Revised City Code is hereby amended to read as follows: . . . .” The new provisions shall then be set out in full as desired.

(c)     In the event a new section not heretofore existing in the code is to be added, the following language shall be used:

     “That the Seymour Revised City Code is hereby amended by adding a section, to be numbered _____, which said section reads as follows: . . .”

The new section shall then be set out in full as desired.

(Ordinance adopting Code)

Sec. 1.105     Supplementation of Code

(a)     By contract or by city personnel, supplements to this code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)     In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by omission thereof from reprinted pages.

(c)     When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

(1)     Organize the ordinance material into appropriate subdivisions

(2)     Provide appropriate catchlines, headings and titles for articles, sections and other subdivisions of the code printed in the supplement and make changes in such catchlines, headings and titles;

(3)     Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing article or section or other subdivision numbers;

(4)     Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this section,” “this subsection,” etc., as the case may be; and

(5)     Make other nonsubstantive changes necessary to preserve the original meaning of ordinance articles or 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.

(Ordinance adopting Code)

Sec. 1.106     General Penalty for Code Violations*

Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever 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 any such provision of this code or any such ordinance shall be punishable by a fine not to exceed five hundred dollars ($500.00) except for violations of ordinances that govern fire safety, zoning, public health and sanitation, including dumping of refuse, which cases shall be punishable by a fine not to exceed two thousand dollars ($2,000.00) for each offense; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. (Ordinance adopting Code)

Sec. 1.107     Severability of Parts of Code

It is hereby declared to be the intention of the city council that the articles, sections, paragraphs, sentences, clauses and phrases of this code are severable and, if any article, section, paragraph, sentence, clause or phrase 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 articles, sections, paragraphs, sentences, clauses and phrases of this code since the same would have been enacted by the city council without the incorporation in this code of any such unconstitutional article, section, paragraph, sentence, clause or phrase. (Ordinance adopting Code)

Sec. 1.108     Enforcement

The ordinances of the city shall be enforced by police officers, code compliance officers, animal control officers, building officials, building inspectors, health inspectors and the fire marshal of the city, and each shall have the authority to issue citations for any violations that fall within the scope of their duties and responsibilities. (Ordinance 2008-03 adopted 1/17/08)

ARTICLE 1.200 FORM OF GOVERNMENT^†

(a)     The City of Seymour hereby changes to a Type A general-law municipality.

(b)     A copy of this article shall be entered upon the minutes of the governing body of the city, and a copy of the same, signed by the mayor and attested by the secretary under the corporate seal shall be filed in the office of the County Clerk of the County in which the town is situated.

(c)     The official name of the city shall hereafter be known as the City of Seymour, and its governing body shall hereafter be known as the city council.

(Ordinance 90-7 adopted 7/5/90)

ARTICLE 1.300 PLACE SYSTEM ADOPTED

(a)     Commencing with the next election at which members of the city council of the City of Seymour are elected, and continuing thereafter at all such elections, city council members will be elected under a place system;

(b)     As soon as possible after the passage of this article, the city council shall assign place numbers to each city council office. Those members of the city council whose terms are to expire in 1994 shall be assigned Places One, Three and Five. Those members of the city council whose terms are to expire in 1995 shall be assigned Places Two and Four.

(c)     When incumbent city council member’s terms expire, any candidate for the office of city council shall file an application for a specific place on the city council such as “COUNCIL MEMBER, PLACE NO. 1.”

(d)     The ballot for an election under the Place System hereafter must show each office of council member as a separate office designated by Place number.

(e)     The city council finds that the date on which this article is passed, as indicated below, is a date prior to the 60th day before the date of the first regular municipal election of city council members under the Place system.

(Ordinance 93-3 adopted 6/10/93)

ARTICLE 1.400 UNCLAIMED PROPERTY DISPOSAL

Sec. 1.401     Sale of Unclaimed Property Authorized

All abandoned, stolen or recovered property of every kind, which shall remain unclaimed with the city for a period of thirty (30) days, without being claimed or reclaimed by the owner, whether known or not, may be sold or disposed of as provided for in Section 1.402. (1988 Seymour City Code, Chapter 12, Article 2, Section 12-21)

Sec. 1.402     Sale Procedure

All unclaimed property as heretofore described in Section 1.401 shall be sold by sealed bids. The city administrator shall be authorized to set a minimum amount for each item to be sold for expenses incurred for storage of said items. A list of all items shall be made available to the public and inspection of the items shall be permitted. In the event a minimum bid is not received on any item to be sold, the items shall be disposed of in such manner as the city administrator shall prescribe. (1988 Seymour City Code, Chapter 12, Article 2, Section 12-22)

Sec. 1.403     City Held Harmless

The city and its respective agents, servants and employees, shall be held harmless and indemnified, from and against any and all claims for damage or injuries to persons or property of whatsoever kind or character, whether real or asserted, arising out of or incident to the selling of said unclaimed property and other operations arising under or otherwise incident to the provisions of this article. (1988 Seymour City Code, Chapter 12, Article 2, Section 12-23)

ARTICLE 1.500 SALE OF SURPLUS PROPERTY

Sec. 1.501     Definition; Control of Property

The city administrator shall be in control of and supervise the use of any personal property owned by the city. Personal property shall consist of, but not be limited to, automobiles; land machinery; mechanically driven apparatus; office machinery, furniture or related items; and scrap metallic or wood items. Any personal property owned by the city which is worn out, scrap or obsolete, which has been declared surplus by the city administrator shall be disposed of as provided for in Section 1.502. (1988 Seymour City Code, Chapter 12, Article 3, Section 12-28)

Sec. 1.502     Sale Procedure

Any item of personal property which has been declared obsolete or surplus by the city administrator shall be disposed of according to the following procedure:

(1)     The personal property to be disposed of shall be reviewed by the city administrator to determine the value of said property. If available, the city administrator shall utilize comparative type property sales as a basis for determining the sale of said property. After establishing a value for the personal property and if the property is valued at one thousand dollars ($1,000) or less, then the city administrator shall negotiate a selling price to any prospective buyer interested in said property. The city administrator shall obtain the best price possible, disposing of the personal property on a “whereas” and “as is” basis.

(2)     If the personal property to be disposed of is valued at one thousand dollars ($1,000) or greater, then the sale at any negotiated price shall be approved by the city council.  in the form of a resolution.

(1988 Seymour City Code, Chapter 12, Article 3, Section 12-29)

ARTICLE 1.600 NOTICE OF CLAIMS AGAINST CITY^*

Sec. 1.601     Notice Requirement

The City of Seymour shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within 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 claimants 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.

(Ordinance 89-5 adopted 7/20/89, Section 1)

Sec. 1.602     Plaintiff Required to Prove Council’s Denial

No suit of any nature whatsoever shall be instituted or maintained against the City of Seymour unless the plaintiff therein shall ever prove that previous to the filing of the original petition the plaintiff applied to the city council for redress, satisfaction, compensation, or relief, as the case may be, and that the same was by vote of the city council refused. (Ordinance 89-5 adopted 7/20/89, Section 2)

Sec. 1.603     Service of Notice

All notices required by this article shall be effectuated by serving them upon the city administrator at the following location:

City Hall

301 North Washington

Seymour, Texas,

and all such notices shall be effective only when actually received in the office of the person named above.

(Ordinance 89-5 adopted 7/20/89, Section 3)

Sec. 1.604     Waiver in Certain Instances Allowed

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. (Ordinance 89-5 adopted 7/20/89, Section 4)

Sec. 1.605     Notice to be Sworn

The written notice required under this article 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. (Ordinance 89-5 adopted 7/20/89, Section 5)

ARTICLE 1.700 AIRPORT RULES AND REGULATIONS

Sec. 1.701     Permission Required to Conduct Commercial Activities

No person shall use the Seymour Municipal Airport for the purpose of carrying on any commercial activity; for the carrying for hire of passengers, freight, express, or mail; for the instruction in aviation in any of its branches; for the conduct of any phase of any aviation activity; for the sale of fuel or refreshments; or for any other commercial purpose unless by express written permission from the City of Seymour, or its duly authorized agent. (Ordinance 96-3, adopted 3/21/96, Section I)

Sec. 1.702     Aircraft Rules

(a)     Itinerant Operations. The aircraft operator of all scheduled or non-scheduled air carrier aircraft shall provide the City of Seymour, at the city hall, with his name and the address and telephone number of the local place he may be reached in the event he leaves his aircraft unattended at the airport for any period of time. Carriers maintaining offices at the airport are exempt from this requirement.

(b)     Local Options. The basing of personal and company owned aircraft at the airport shall be subject to registration with the city administrator.

(c)     Disassembled Aircraft. Except in hangars, no disassembled aircraft shall be permitted at the airport.

(d)     Disabled Aircraft. When an aircraft is damaged or otherwise disabled on the landing field or airport, the pilot, its owner, or the agent of the owner shall promptly have the aircraft removed to a hangar for the necessary repairs. This provision shall not apply to aircraft which, by virtue of size, cannot be accommodated within airport service hangars. The City of Seymour, at its city hall office, shall be notified in the event that an aircraft is disabled and the pilot, its owner, and/or agent of the owner shall leave an address of the registration of the aircraft.

(e)     Other Aircraft/Glider Activity. When use of the airport facility for glider activity is scheduled, glider pilots shall notify the dispatcher of the City of Seymour in order to confirm their activity to that office. All glider operations and activities shall be in conformance with guidelines established by the FAA.

(Ordinance 96-3, adopted 3/21/96, Section II)

Sec. 1.703     Vehicle Operation

(a)     All persons operating vehicles within the airport shall be subject to municipal, state, and federal laws and these airport regulations for the control of all vehicles.

(b)     Pedestrians and aircraft in motion shall at all times have right-of-way over vehicular traffic.

(c)     All vehicles shall pass to the rear of taxiing aircraft and, clearance permitting, shall pass no nearer than twenty (20) feet, horizontal distance, from any wing or tail section of a parked aircraft.

(d)     Vehicles shall not exceed fifteen (15) miles per hour when operating on ramps and taxiways of the airport.

(Ordinance 96-3, adopted 3/21/96, Section III)

Sec. 1.704     Safety

(a)     Combustible Refuse and Waste/

(1)     No persons will dump or dispose of any refuse, oil waste, or soil waste, fuels, paint solvents, or acids in any storm sewer, drainage ditch, or natural drains, within or adjacent to the airport property, nor in any hangar, nor on any ramp area of the airport, provided that such drainage of fuel as required in the conduct of pre-flight inspections shall be permitted.

(2)     Lessee and tenants of hangars, shops, and other maintenance areas shall provide metal receptacle, with self-closing covers, for storage of oily wastes, rags, and other rubbish.

(3)     All such receptacles shall be stored away from sources of heat and the contents shall be removed from the premises by such lessees and tenants.

(4)     No person shall keep any uncovered trash container in any outside area.

(b)     Fire Extinguishers. All tenants or lessees shall supply and maintain such adequate and readily accessible fire extinguishers as are approved by fire underwriters for the particular hazard involved. All fire extinguishers shall be maintained in first class operable condition and regularly inspected.

(c)     Fire Hazards.

(1)     No person shall use inflammable, volatile liquids having a flash point of less than one hundred (100) degrees Fahrenheit in the cleaning of aircraft, aircraft engines, parts, appliances, or for any other purpose unless such operations are conducted in the open air away from structures and equipment.

(2)     No person shall start any open fires of any type, including flair pots or torches on any part of the airport except as authorized by the city.

(Ordinance 96-3, adopted 3/21/96, Section IV)

Sec. 1.705     Conduct of Public

(a)     Sanitation. No person shall dispose of garbage, papers, refuse, or other materials within the airport boundaries except in receptacles and facilities to be provided for that specific purpose.

(b)     Abandonment of Personal Property. No person shall willfully abandon any personal property at the airport.

(c)     Preservation of Property.

(1)     No person shall destroy, injure, deface, or disturb in any way buildings, signs, equipment, marked facilities, or other structure, trees, flowers, lawns, or other property at the airport.

(2)     No person shall alter, make additions to, or erect any buildings or signs, or make any excavations within the airport without the permission of the city.

(Ordinance 96-3, adopted 3/21/96, Section V)

Sec. 1.706     Construction Guidelines and Standards for New Aircraft Hangar Installations

(a)     Hangar Specifications and Approval.

(1)     Any owner of an aircraft requesting space for a hangar shall submit a letter of request to the mayor. The size of the hangar and the type of construction shall meet the requirements as set forth in the section on hangar construction.

(2)     Upon acceptance of the aircraft owner’s request, the mayor shall authorize the city administrator to designate the space to be utilized by the aircraft owner. The aircraft owner shall have sixty (60) calendar days in which to construct a completed hangar.

(3)     A lease agreement shall be signed by the aircraft owner prior to the start of construction of his hanger.

(b)     Hangar Construction.

(1)     For those aircraft owners having one airplane, the front width of the hangar shall be forty-five (45) feet, with the depth of the hangar not to exceed fifty (50) feet. For those aircraft owners having two airplanes, the front width of the hangar shall not exceed sixty (60) feet, with the depth of the hangar not to exceed fifty (50) feet. Any variances shall have to be approved by the mayor and city administrator.

(2)     The hangar shall have a hard surface floor, either of asphalt or concrete.

(Ordinance 96-3, adopted 3/21/96, Section VI)

Sec. 1.707     Lease Agreements

A written lease agreement shall be signed by all aircraft and/or glider owners who base their aircraft and/or gliders at the Seymour Municipal Airport on a permanent basis. The agreement shall state the length of the lease and the terms of the lease. Terms of the lease shall be modified as needed from one lease year to the next in order to provide for proper planning of the airport. The City Administrator and City Secretary is hereby authorized to sign said leases as requests are submitted by aircraft owners regulating hangar space and aircraft owners requesting space not requiring a hangar. (Ordinance 96-3, adopted 3/21/96, Section VII)

Sec. 1.708     Rates, Rentals, and Charges Prescribed

(a)     Rates Applicable. All rental rates shall be set by the city administrator, subject to periodic review by the city council. The city administrator is authorized to set separate rates applicable to permanently based commercial operators, non-based commercial operators, non-commercial aircraft and/or glider owners, and aircraft and/or glider owners not having fixed hangar buildings but utilizing parking space on a permanent basis.

(b)     Payment Dates and Late Penalty Charges. Payment of all fees shall be due on March 1st of each year. For each thirty (30) day period that passes after the initial due date of the payment of fees as established by this article, and no payment is received, there shall be assessed a five percent (5%) penalty charge on the unpaid balance.

(Ordinance 96-3, adopted 3/21/96, Section VIII)

Sec. 1.709     Enforcement

(a)     General. Where the penal laws of the State of Texas and/or the United States of America prescribe any punishment for the violation of any provision of this article, the state and/or the federal penal provisions shall apply to the prohibited act or conduct therein.

(b)     Aircraft. It is the intention of the city that the provisions of this article pertaining to the operation, storage, repair, and parking of aircraft herein are to be enforceable as follows:

(1)     Where the city administrator or any representative of the city, fixed base, or aviation operator observes or suspects any act or situation involving aircraft which is or is deemed to violate the regulations of this article pertaining to aircraft operation, storage, parking, repair and other such use, the person observing the violation, or suspected violation, shall notify the aircraft owner, pilot, operator, possessor, user, or bailee of the provisions of this article deemed applicable, and/or of the suspected violation requesting voluntary compliance with the applicable provisions hereof.

(2)     It is provided, however, that after such notice as required hereinabove, any person or persons willfully violation any provision of this article governing unlawful aircraft under the article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.106 of this code.

(Ordinance 96-3, adopted 3/21/96, Section IX)

Sec. 1.710     Penalty

Any person or persons violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined in accordance with the general penalty provision found in Section 1.106 of this code. (Ordinance 96-3, adopted 3/21/96, Section X)

Sec. 1.711     Unlawful to Trespass Upon Airport Properties

It is hereby declared to be unlawful for any person to enter upon any of the land or other properties of the Seymour Municipal Airport for any purpose whatsoever without first having obtained permission to do so from the city secretary, mayor or city councilmen, or any one of such officials for said city; and the term “trespassing” also includes any person who drives any vehicle upon any lands or airstrips of said airport without having first obtained permission as above set forth unless said vehicle is being operated over designated and marked roads or driveways at said airport and that such vehicle is being operated during such times as said airport roads and driveways are open to such traffic. (1988 Seymour City Code, Chapter 2, Article 2, Section 2-30)

ARTICLE 1.800 TAXATION^*

Sec. 1.801     General Sales Tax Adopted^†

There came on to be considered the returns of an election held on the 10th day of February, 1972, upon the question of the adoption of a local sales and use tax for the benefit of the city in accordance with the provisions of House Bill No. 207, 60th Legislature, Regular Session, 1967, and it appearing that said election was in all respects legally held and that said returns were duly and legally made and that there were cast at said election 422 votes, of which number 273 votes were cast “FOR adoption of a one percent (1%) local sales and use tax within the city,” and 149 votes were cast “AGAINST adoption of a one percent (1%) local sales and use tax within the city,” and said question or proposition having been approved. (1988 Seymour City Code, Chapter 7, Article 1, Section 7-1)

Sec. 1.802     Electricity Sales Tax Retained^*

The City of Seymour does hereby elect to continue the imposition of the one percent (1%) city sales tax electricity sold for residential use within the city limits. (1988 Seymour City Code, Chapter 7, Article 1, Section 7-2)

Sec. 1.803     Cable Company Payments to City

(a)      As stated in Senate Bill 1087, the City of Seymour accepts franchise fees equal to five percent (5%) of gross sales within the city limits from cable companies with their SICFA registration.  In connection herewith, the remittance of the cable company is to be accompanied by a statement, certified by a certified public accountant, of its annual gross receipts and state, county, independent school district and other special district taxes, if any, and city taxes assessed against said cable company upon its equipment, facilities, and operations within the corporate limits of the city. Should the city so desire, the cable company agrees that it will permit its records, books and files to be inspected and verified at any reasonable time by the city or its duly designated agent

(b)     The grantor is the owner of certain utilities and in the event grantee desires to use any poles belonging to grantor they shall pay to grantor the sum of eleven-and-one-half dollars ($11.50) per year rental for each such pole; all installation to be made by grantee at grantee’s cost; all repairs, upkeep and maintenance of any attachments to grantor’s poles shall be at grantee’s sole expense and if grantor should remove or change any such poles with attachments of grantee, grantee shall make such changes so far as their attachments are concerned at their sole cost. The grantee is to use all of grantor’s poles that are available for use.

Sec. 1.804     Taxation of Telecommunication Services^*

(a)     A tax is hereby authorized on all telecommunications services sold within the city.

(b)     For purposes of this section, the sale of telecommunications services is consummated at the location of the telephone or other telecommunications device from which the call or other communication originates. If the point of origin cannot be determined, the sale is consummated at the address to which the call or other communication is billed.

(c)     The rate of tax imposed by this section shall be the same as the rate imposed by the city for all other local Sales and Use Taxes as authorized by the legislature of the State of Texas.

(d)     This section shall be and is hereby declared to be cumulative of all other ordinances of the city and shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with this provision, in which event such conflicting provisions, if any, in such other ordinances are hereby repealed.

(1988 Seymour City Code, Chapter 7, Article 1, Section 7-4)

Sec. 1.805     Hotel Occupancy Tax^†

(a)     Definition of terms. The following words, terms and phrases are, for the purpose of this article, except where the context clearly indicates a different meaning, defined as follows:

(1)     Hotel. Any building or buildings in which the public may, for a consideration, obtain sleeping accommodations. The term shall include hotels, motels, tourist homes, houses or courts, lodging houses, inns, rooming houses, and all other facilities where rooms or sleeping facilities or space are furnished for a consideration, but “hotel” shall not be defined so as to include hospitals, sanitariums or nursing homes, or private residences or apartments, unless such private residences or apartments are rented on a nightly basis and not occupied by permanent residents.

(2)     Consideration. The cost of the room, sleeping space, bed or dormitory space or other facilities in such hotel and shall not include the cost of any food served or personal services rendered to the occupant not related to cleaning and readying such room or space for occupancy, and shall not include any tax assessed for occupancy thereof by any other governmental agency.

(3)     Occupancy. The use or possession, or the right to the use or possession, of any room, space or sleeping facility in a hotel for any purpose.

(4)     Occupant. Anyone who, for a consideration, uses, possesses or has a right to use or possess any room or rooms or sleeping space or facility in a hotel under any lease, concession, permit, right of access, license, contract or agreement.

(5)     Person. Any individual, company, corporation or association owning, operating, managing or controlling any hotel.

(6)     City Secretary. The city secretary of the City of Seymour.

(7)     Monthly Period. Monthly period shall be the calendar month.

(8)     Permanent Resident. Any occupant who has or shall have the right to occupancy of any room or rooms or sleeping space or facility in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year.

(1988 Seymour City Code, Chapter 7, Article 2, Section 7-11)

(b)     Levy of Tax; Rate; Use; Exceptions.

(1)     There is hereby levied a tax upon the cost of occupancy of any rooms 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 is to be equaled to seven percent (7%) of the price paid by the occupant of such room, space or facility to such hotel or motel, exclusive of other occupancy taxes imposed by other governmental agencies. (Ordinance 2001-21 adopted 10/18/01)

(2)     Unless otherwise directed by the city council, the funds received from the tax levied under subsection (1) shall be placed in the general fund of the city.

(3)     No tax shall be imposed hereunder upon a permanent resident.

(4)     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 earning of which inures to the benefit of any private shareholder or individual.

(1988 Seymour City Code, Chapter 7, Article 2, Section 7-12)

(c)     Collection. Every person owning, operating, managing or controlling any hotel shall collect the tax imposed in subsection (b) herein for the city. (1988 Seymour City Code, Chapter 7, Article 2, Section 7-13)

(d)     Reports. On the last day of the month following each calendar monthly period, every person required to collect the tax imposed herein shall file a report with the city secretary showing the consideration paid for all room occupancies in the preceding month, the amount of tax collected on such occupancies and any other information as the city secretary may reasonably require. Such person shall pay the tax due on such occupancies at the time of filing such report. (1988 Seymour City Code, Chapter 7, Article 2, Section 7-14)

(e)     Penalties. If any person shall fail to collect the tax imposed herein or shall fail to file a report as required herein, or shall fail to pay to the city secretary the tax as imposed herein, when said report for payment is due, or shall file a false report, be punished by a fine in accordance with the general penalty provision found in Section 1.106 of this code. In addition, such person who fails to remit the tax imposed by this article within the time required shall forfeit 5% of such tax, provided, however, that the penalty shall never be less than $1.00. Delinquent taxes shall draw interest at the rate of 7% per annum, beginning 60 days from the due date. (Ordinance 2001-21 adopted 10/18/01)

Sec. 1.806     Leased Motor Vehicles

In accordance with the provisions of Section 11.252(f) of the tax code of the State of Texas, it is hereby provided that all motor vehicles leased for personal use shall not be exempted from ad valorem taxation by the city. (Ordinance 2001-24 adopted 12/20/01)

ARTICLE 1.900 EMERGENCY MANAGEMENT^*

Division 1. Generally

Sec. 1.901     Organization

There exists the office of emergency management director of the city, 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 article. 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 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.

Sec. 1.902     Emergency Management Director – Powers and Duties

The duties and responsibilities of the emergency management director shall include the following:

(1)     Conduct an ongoing survey of actual or potential hazards which threaten life and property within the city and an ongoing 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, and shall recommend for adoption by the city council 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 seven (7) days except by or with the consent of the city council. 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 article. 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 city 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 or 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 countywide 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 the Texas Disaster Act of 1975, Texas Government code chapter 418.

Sec. 1.903a     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 article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management of the state. 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 article and have the effect of law during the time of a disaster.

Sec 1.903b    Baylor County Hazard Mitigation Plan

A comprehensive hazard mitigation 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 article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management of the state. 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 hazard mitigation plan shall be considered supplementary to this article and have the effect of law during the time of a disaster.

Sec. 1.904     Interjurisdictional Program

The mayor is hereby authorized to join with the county judge in the formation of an emergency management council for the county and 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 countywide program of emergency management insofar as said program may affect the city.

Sec. 1.905     Override

At all times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.

Sec. 1.906     Liability

This article is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety and neither the city, 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 promulgated pursuant to the provisions of this article shall be 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 grants to the city 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 manmade 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.

Sec. 1.907     Commitment of Funds

No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this article without prior approval by the city council, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the city council 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.

Sec. 1.908     Offenses; Penalties

(a)     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 article, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article.

(b)     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 unless authority to do so has been granted to such person by the proper officials.

(c)     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 article and shall be subject to the penalties imposed by this article.

(d)     Convictions for violations of the provisions of this article shall be punishable by fine in accordance with the general penalty provision found in Section 1.106 of this code.

(Ordinance 2003-02 adopted 1/16/03)

Secs. 1.909–1.930     Reserved

Division 2. National Incident Management System (NIMS)

Sec. 1.931     Adopted

The city council hereby adopts the National Incident Management System dated March 1, 2004. (Ordinance 2005-11 adopted 7/21/05)

ARTICLE 1.1000 PARKS AND RECREATION

Division 1. Generally

Sec. 1.1001     Park Shed Rentals

(a)     If any person or persons, representing family reunions, or similar groups desire to use the city park facilities located in the city, and desire to use the sheds or cooking facilities located in the park, may do so, by reserving their choice of shed at the city office, depending upon the availability of said facilities. The fees for the use of sheds shall be as provided for in the fee schedule found in Appendix A of this code.

(b)     Fees for park sheds will be due in full when reserved in person, if reservations are made by telephone or mail, they will be allowed ten (10) days.

(c)     No alcohol beverages are allowed at the city park.

(Ordinance 2008-07, sec. 1, adopted 7/17/08)

Sec. 1.1002     Portwood Art and Civic Center

(a)     Reservations and Rental Fees

(1)     Reservations for the Portwood Art and Civic Center are only allowed one calendar year in advance, i.e., on the first business day in January. Reservations are allowed for any day in the new calendar year, and the next calendar year. In-person reservations will take precedence over mail-in or telephone requests received the first business day of the year.

(2)     Reservations will be made on a first-come, first-serve basis with one-half of the total fee to be paid at the time the reservations are made (telephone requests will be allowed ten (10) days). Remainder of fees shall be paid two (2) weeks prior to reservation date.

(3)     Written reservations by mail will also be accepted when accompanied by the required one-half of the total fee.

(4)     The fees set for the Portwood Art and Civic Center shall be as provided for in the fee schedule found in Appendix A of this code.

(Ordinance 2008-07, sec. 2, adopted 7/17/08)

(b)     Rules of Use for Portwood Art and Civic Center

(1)     It is prohibited to give out keys for the Portwood Art and Civic Center, except as provided herein, the only persons authorized to have keys are: city administrator, city secretary. Building maintenance person and key in safe is to be used by authorized city personnel or persons doing maintenance on building. Anyone making a reproduction of the key is in violation of this section.

(2)     Building will be opened and closed at times indicated, when the reservations were made, unless, the city office is notified twenty-four (24) hours in advance. No exception.

(3)     If the person listed cannot be there at the time indicated to open, please make sure someone is there. The attendant will stay for 15 minutes after scheduled time, if no one arrives at the scheduled time, the building will be locked up and you will be responsible in finding the attendant to let you in.

(4)     No alcohol beverages are allowed in or at the Portwood Art and Civic Center.

(5)     Requirements.

(A)     Tables and chairs should be returned to its original place. Chairs should be stacked in increments of 10. Any furniture that is moved during the rental must be put back in its original place.

(B)     Range, countertops, tables, microwave, sink and lavatories should be cleaned, along with the restrooms.

(C)     Floors should be swept and mopped.

(D)     Wastebaskets in kitchen and restrooms should be emptied, along with any litter outside.

(E)     Portwood Building will be opened no earlier than 6:00 am and closed no later than 12:00 midnight.

(F)     Portwood Center should not be left unattended at any time. If you need to close before the time your reservation indicated, call the telephone number posted by the telephone for the attendant to come and lock the building. You are responsible for the building and any damage done until it is locked for the night. Your deposit will be forfeited, if not left in order.

(G)     No one is allowed to spend the night in the building.

(H)     No pets are allowed in the building.

(I)     You are responsible for bringing your own utensils.

(J)     The city will not be responsible for anything left in the building overnight.

(K)     Any person or persons reserving the use of the park or Portwood facilities shall be responsible for keeping the area and facilities used by them clean and free of trash and other debris, and shall be liable for the destroying of any city property.

(L)     Horseshoes or similar games are to be played only in designated areas in the northeast portion of the city park.

 (M)    No defacing, taping, or use of tacks or nails will be allowed on walls or any other part of the Portwood Art and Civic Center. No hangings of any kind will be allowed on the lighting sconces.

(N)     If a reservation is cancelled and a request is made, in advance, for a refund, the reservation will be cancelled and the money refunded only if the city is able to rent the facility to another party, otherwise the prepaid amount will be forfeited.

(O)    Piano cover is not allowed to be removed and piano must remain in the location placed at time of rental.  Piano use must be requested upon reservation.

(Ordinance 2008-07, sec. 3, adopted 7/17/08)

Sec. 1.1003     Penalty

Anyone found in violation of the provisions of this division may be fined up to one thousand dollars ($1,000.00) per day, and each day constitute a separate and distinct violation and punishable as such. (Ordinance 2008-07, sec. 4, adopted 7/17/08)

Secs. 1.1004–1.1025     Reserved

Division 2. R.V. Park

Sec. 1.1026     Fee to Park

A fee to park a vehicle in the city park R.V. park is provided for in the fee schedule found in Appendix A of this code.

Sec. 1.1027     Time Limit

Each customer shall be limited to no more than three (3) nights per stay in said city park R.V. park.

(Ordinance 2003-01 adopted 1/16/03)

Secs. 1.1028–1.1040     Reserved

Division 3. Stream Mitigation

Sec. 1.1041     Description; Terms and Conditions

The stream mitigation area:

(1)     Is defined as the portion of Seymour Park owned by the city as described in Exhibit A attached to Ordinance 2006-07 adopted December 14, 2006, and excludes all other portions of the park.

(2)     Is subject to terms and conditions of the United States Corps of Engineers (USACE) Section 404 Nationwide Permit #14 as modified by special conditions dated October 6, 2005, and July 5, 2005, for Project #200500261 as well as the approved mitigation plan dated May 10, 2006, and titled “Conceptual Mitigation Plan” (Exhibit B attached to Ordinance 2006-07 adopted December 14, 2006). Terms and conditions include:

(A)     The mitigation area is dedicated in perpetuity as a stream mitigation site associated with the construction of the U.S. 277 reroute project around the city.

(B)     The mitigation area shall not be disturbed, except by those activities that would not adversely affect the intended extent, condition, and function of the mitigation area or those activities specifically provided for in the mitigation plan.

(C)     The mitigation area must be maintained according to the long-term management plan as outlined in the mitigation plan.

(D)     No contrary use of the intended restoration of functions and values as determined in the mitigation plan will be authorized by the city without first contacting the U.S. Army Corps of Engineers (USACE) Ft. Worth District for approval. Examples of contrary uses include widening or deepening Seymour Creek for flood management or watershed management purposes, cutting of woody vegetation within the protected riparian corridor, selling or conveying interest in Seymour Park to a third party, or any other acts that could jeopardize the perpetual intended function and value of the components of this mitigation plan.

(E)     The perpetual restriction shall not be removed from the mitigation area without written approval from the USACE Ft. Worth District.

(F)     The conveyance of any interest in the property shall be subject to the restrictions described above.

Sec. 1.1042     Agreement

The city:

(1)     Agrees to grant access to the state department of transportation (TxDOT) and its contractors to accomplish the construction work, monitoring, and remediation if necessary as outlined in the mitigation plan.

(2)     Understands that TxDOT agrees to construct the mitigation features as outlined in the mitigation plan and that costs associated with the design, and construction are the sole responsibility of TxDOT.

(3)     Understands that representatives of the USACE have the right to inspect work on the mitigation area at any time during construction and to make final inspection upon completion.

(4)     Understands that TxDOT will monitor the mitigation area for a period of five (5) years after initial construction or the most recent remediation to ensure success criteria are met as outlined in the mitigation plan.

(Ordinance 2006-07 adopted 12/14/06)

ARTICLE 1.1100 FAIR HOUSING^*

Sec. 1.1101     Declaration of Policy

(a)     It is hereby declared to be the policy of the city to bring about through fair, orderly and lawful procedures, the opportunity of each person to obtain housing without regard to race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.

(b)     It is further declared that such policy is established upon a recognition of the inalienable rights of each individual to obtain housing without regard to race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, age; and further that the denial of such rights through considerations based on race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age is detrimental to the health, safety and welfare of the inhabitants of the city and constitutes an unjust denial or deprivation of such inalienable rights which is within the power and the proper responsibility of government to prevent.

(Ordinance 94-13, adopted 12/15/94, Section 1)

Sec. 1.1102     Definitions

As used in this article the following words and phrases shall have the meanings respectively ascribed to them in this section unless the context requires otherwise:

Age. Means the calendar age of an individual eighteen (18) years of age or over.

Creed. Means any set of principles, rules, opinions and precepts formally expressed and seriously adhered to or maintained by a person.

Director. Means the director of the human relations department or authorized assistant.

Discriminatory Housing Practice. Means an act which is unlawful under this article.

Dwelling. Means any building, structure or portion thereof which is occupied as, or designed and intended for occupancy as, a residence by one or more persons and any vacant land which is offered for sale or lease for the construction or location thereof of any such building, structure or portion thereof.

Family. Means a single individual or a group of individuals living together under one common roof.

Major Life Activities. Means functions such as, but not limited to, caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Marital Status. Means as individual’s status as a single, married, divorced, widowed or separated person.

Parenthood. Means a person’s status as a parent or legal guardian of a child or children under the age of eighteen (18).

Person. Means one or more individuals, corporations, partnerships, organizations, legal representatives, mutual companies, joint stock companies, trust, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.

Physical or Mental Handicap. Means any physical or mental impairment which substantially limits one or more major life activities.

Physical or Mental Impairment. Shall include:

(1)     Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or

(2)     Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

To Rent. Includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

Senior Adult. Means a person fifty-five (55) years of age or older.

(Ordinance 94-13, adopted 12/15/94, Section 2)

Sec. 1.1103     Interpretation and Effect

This article shall in no way be interpreted as creating a judicial right or remedy which is the same or substantially equivalent to the remedies provided under Title VIII of the Civil Rights act of 1968, as amended or the Federal Equal Credit Opportunity Act (15 U.S.D. 1691). All aggrieved parties shall retain the rights granted to them to Title VIII of the Civil Rights Act of 1968, as amended and the Federal Equal Credit Opportunity Act. In construing this article, it is the intent of the city council that the court shall be guided by Federal Court Interpretations of Title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act, where appropriate. (Ordinance 94-13, adopted 12/15/94, Section 3)

Sec. 1.1104     Discrimination in the Sale or Rental of Housing

Except as exempted, it shall be unlawful:

(1)     To refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate for the sale or rental of, or otherwise make unavailable, or deny a dwelling to any person because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.

(2)     To discriminate against any person in the terms, conditions, or privileges of a sale or rental of a dwelling or in the provision of services or facilities in connection therewith because or race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.

(3)     To make, print or publish or cause to be made, printed or published, any notice, statement or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or an intention to make any such preference, limitation or discrimination.

(4)     To represent to any person because of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available.

(5)     To induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age.

(Ordinance 94-13, adopted 12/15/94, Section 4)

Sec. 1.1105     Discrimination in Housing Financing

It shall be unlawful for any bank, building and loan association, insurance company, or other person whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling or to discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance because of the race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age of such person or such persons associated therewith or because of the race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age or the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings for which such loan or other financial assistance is to be made or given. (Ordinance 94-13, adopted 12/15/94, Section 5)

Sec. 1.1106     Discrimination in Providing Brokerage Service

It shall be unlawful for any person to deny another person access to membership in, or participation in any multiple listing service, real estate brokers’ organization, or other service, organization or facility relating to the business of selling and renting dwellings or to discriminate against another person in the terms or conditions of such access, membership or participation, on account of race, color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood, or age. (Ordinance 94-13, adopted 12/15/94, Section 6)

Sec. 1.1107     Unlawful Intimidation

It shall be unlawful for any person to harass, threaten, harm damage or otherwise penalize any individual, group or business because such individual, group or business has complied with the provisions of this article or has exercised in good faith rights under this article, or has enjoyed the benefits of this article, or because such individual, group, or business has made a charge in good faith, testified in good faith or assisted in good faith in any manner in any investigation, or in any proceeding hereunder or has made any report to the director. (Ordinance 94-13, adopted 12/15/94, Section 7)

Sec. 1.1108     Exemptions and Exclusions

(a)     Nothing in this article shall apply to:

(1)     Any single-family house sold or rented by an owner, provided that:

(A)     Such private individual owner does not own more than three (3) single-family houses at any one time; and,

(B)     If the owner does not reside in the house at the time of the sale or was not the most recent resident of such house prior to the sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four (24) month period; and

(C)     Such bona fide private individual owner does not own any interest in, nor is there owned or reserved on such person’s behalf, under any express voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than three (3) such single-family houses at any one time; and

(D)     The sale or rental is made without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting of dwellings, or of any employee or agent of any such broker, agent salesman, or person; and

(E)     The sale or rental is made without the publication, posting or mailing of any advertisement or written notice in violation of this article; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title.

(2)     Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(b)     For the purposes of subsection (a), a person shall be deemed to be in the business of selling or renting dwellings if:

(1)     He has, within the preceding twelve (12) months, participated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein; or

(2)     He has, within the preceding twelve (12) months, participated as agent, other than in the sale of his own personal residence in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein; or

(3)     He is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families.

(c)     Nothing in this article shall prohibit a religious organization, association or society or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color sex, national origin, physical or mental handicap, marital status, parenthood, or age.

(d)     Nothing in this article shall prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members, or from giving preference to its members.

(e)     Nothing in this article shall bar any person from owning and operating a housing accommodation in which rooms are leased, subleased or rented only to persons of the same sex, which such housing accommodation contains common lavatory, kitchen or similar facilities available for the use of all persons occupying such housing accommodation.

(f)     Nothing in this article shall prohibit the sale, rental, lease or occupancy of any dwelling designed and operated exclusively for senior adults and their spouses, unless the sale, rental, lease or occupancy is further restricted on account of race, color, creed, religion, sex, national origin, physical or mental handicap and marital status.

(g)     Nothing in this article shall bar a person who owns, operates or controls rental dwellings whether located on the same property or on one or more contiguous parcels of property, from reserving any grouping of dwellings for the rental or lease to tenants with a minor child or children; provided however, in the event that said reserved area is completely leased or rented, the person owning, operating, or controlling said rental dwelling may not refuse to rent or lease any other available dwelling to the prospective tenant on the basis of the tenant’s status as parent or any other of the protected classifications set forth in this article.

(Ordinance 94-13, adopted 12/15/94, Section 8)

Sec. 1.1109     Violations

No person shall violate any provision of this article, or knowingly obstruct or prevent compliance with this article. (Ordinance 94-13, adopted 12/15/94, Section 9)

Sec. 1.1110     Enforcement

The director of the human relations department shall have the responsibility of administering and implementing this article. The director may delegate the authority to investigate and conciliate complaints to other designated city employees. (Ordinance 94-13, adopted 12/15/94, Section 10)

Sec. 1.1111     Complaints

(a)     Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereinafter referred to as the “charging party”) may file a complaint with the director. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing practice are based. The director shall prepare complaint forms and furnish them without charge to any person, upon request.

(b)     The director shall receipt and accept notification and referral complaints from the U. S. Attorney General and the Secretary of Housing and Urban Development pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Public Law 90-284, and shall treat such complaints hereunder in the same manner as complaints filed pursuant to subsection (2) of this section.

(c)     All complaints shall be filed within one hundred eighty (180) days following the occurrence of an alleged discriminatory housing practice. Upon the filing or referral of any complaint, the director shall provide notice of the complaint by furnishing a copy of such complaint to the person named therein (Hereinafter referred to as the “respondent”) who allegedly committed or were threatening to commit an alleged discriminatory housing practice. The respondent may file an answer to the complaint within fifteen (15) days of receipt of the written complaint.

(d)     All complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths.

(e)     If at any time the director shall receive or discover credible evidence and shall have probably cause to believe that any person or persons have committed a discriminatory housing practice as to which no complaint has been filed or is about to be filed, the director may prepare and file a complaint upon his own motion and in his own name and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.

(Ordinance 94-13, adopted 12/15/94, Section 11)

Sec. 1.1112     Investigation and Conciliation

(a)     Upon the filing or referral of a complaint as herein provided, the director shall cause to be made a prompt and full investigation of the matter stated in the complaint; provided, however, that before any charge becomes accepted for investigative proposes, the director or an investigator shall have personally reviewed with the charging party the allegations contained therein and shall have determined that said charge comes within the provisions of this article. In the event such review results in the determination that a particular charge does not come within the provisions of this article, the charging party shall be given a clear and concise explanation of the reasons why it does not.

(b)     If the director determines that there is not probably cause to believe that a particular alleged discriminatory housing practice has been committed, the director shall take no further action with respect to that alleged offense.

(c)     During or after the investigation, but subsequent to the mailing of the notice of complaint, the director shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and to obtain adequate assurance of future voluntary compliance with provisions of this article. Nothing said or done in the course of such informal endeavors may be made public by the director, the commission, the investigator, the conciliator, the charging party, or the respondent, or be used as evidence in a subsequent proceeding without the written consent of all person concerned.

(d)     Upon completion of an investigation where the director has made a determination that a discriminatory housing practice has in fact occurred, if the director is unable to secure from the respondent an acceptable conciliation agreement, then the human relations commission of the city must, upon a majority vote, refer the case to the city attorney for prosecution in municipal court or to other agencies as appropriate. With such recommendation of the director and the referral of the human relations commission, the director shall refer his entire file to the city attorney. The city attorney shall, after such referral, make a determination as to whether to proceed with prosecution of such complaint in municipal court.

(Ordinance 94-13, adopted 12/15/94, Section 12)

Sec. 1.1113     Penalty

If a discrimination housing practice is found to have in fact occurred and the case has been referred to municipal court, the respondent shall be assessed a penalty in accordance with the general penalty provision found in Section 1.106 of this code. (Ordinance 94-13, adopted 12/15/94, Section 13)

ARTICLE 1.1200 RECORDS MANAGEMENT*

Sec. 1.1201     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 or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the city and shall be created, maintained, and disposed of in accordance with the provisions of this article or procedures authorized by it and in no other manner. (Ordinance 2007-09, sec. 1, adopted 10/18/07)

Sec. 1.1202     Additional Definitions

City Secretary. The office that by ordinance, order, or administrative policy is in charge of an office of the city that creates or receives records.

Essential Record. Any record of the city necessary to the resumption or continuation of operations of the city in an emergency or disaster, to the recreation of the legal and financial status of the city, or to the protection and fulfillment of obligations to the people of the state.

Permanent Record. Any record of the city for which the retention period on a records control schedule is given as permanent.

Records Control Schedule. A document prepared by or under the authority of the records management officer listing the records maintained by the city, their retention periods, and other records disposition information that the records management program may require.

Records Management. The application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purpose of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems.

Records Management Officer. The person designated in Section 1.1205 of this article.

Records Management Plan. The plan developed under Section 1.1206 of this article.

Retention Period. The minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction.

(Ordinance 2007-09, sec. 2, adopted 10/18/07)

Sec. 1.1203     City Records Declared Public Property

All city records as defined in Section 1.1201 of this article are hereby declared to be the property of the city. 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 2007-09, sec. 3, adopted 10/18/07)

Sec. 1.1204     Policy

It is hereby declared to be the policy of the city to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all 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 2007-09, sec. 4, adopted 10/18/07)

Sec. 1.1205     Designation of Records Management Officer

The city secretary, and the successive holders of said office, shall serve as records management officer for the city. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the state library within thirty days of the initial designation or of taking up the office, as applicable. (Ordinance 2007-09, sec. 5, adopted 10/18/07)

Sec 1.1206 Reserved

Sec. 1.1207     Duties of Records Management Officer

In addition to other duties assigned in this article, 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 re-establish operations quickly and with minimum disruption and expense;

(4)     Develop procedures to ensure the permanent preservation of the historically valuable records of the city;

(5)     Establish standards for filing and storage equipment and for recordkeeping supplies;

(6)     Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the city;

(7)     Provide records management advice 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 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 council 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 or other personnel in the conduct of records inventories in preparation for the development of records inventories in preparation for the development of records control schedules as required by state law and this article;

(12)     Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the city 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;

(Ordinance 2007-09, sec. 7, adopted 10/18/07)

Sec. 1.1208     Duties and Responsibility of Department Heads

In addition to other duties assigned in this article, department heads shall:

(1)     Cooperate with the records management officer in carrying out the policies and procedures established in the city for the efficient and economical management of records and in carrying out the requirements of this article;

(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 and the requirements of this article.

(Ordinance 2007-09, sec. 8, adopted 10/18/07)

Sec. 1.1209     Reserved

Sec. 1.1210     Reserved

Sec. 1.1211     Records Control Schedules to be Developed; Approval; Filing with State

(a)     The records management officer, in accordance with the Texas library Archives rules and regulations adopted by the City of Seymour, lists all records created or received by each 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.

(b)     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 is continues to reflect the recordkeeping procedures and needs of the department and the records management program of the city.

(c)     Before its adoption a records control schedule or amended schedule for a department must be approved by the department head and the city secretary/city administrator.

(d)     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 2007-09, sec. 11, adopted 10/18/07)

Sec. 1.1212     Implementation of Records Control Schedules; Destruction of Records Under Schedule

(a)     A records control schedule for a department that has been approved and adopted under Section 1.1207, shall be implemented by department heads and records liaison officers according to the policies and procedures of the records management plan.

(b)     A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record; the subject matter of record is pertinent to a pending law suit, or the department head requests in writing to the records management officer that the record be retained for an additional period.

(c)     Prior to the destruction of record under an approved records control schedule, authorization for the destruction must be obtained by the records management officer from the city secretary/city administrator.

(Ordinance 2007-09, sec. 12, adopted 10/18/07)

Sec. 1.1213     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 2007-09, sec. 13, adopted 10/18/07)

Sec. 1.1214     Micrographics

Unless a micrographics program in a department specifically exempted by order of the city council, 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 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 the commission rules. (Ordinance 2007-09, sec. 14, adopted 10/18/07)

ARTICLE 1.1300 MUNICIPAL COURT^*

Division 1. Generally

Footnotes:— (1) —

State Law reference— Municipal courts generally, V.T.C.A., Government Code § 29.001 et seq.; jurisdiction of municipal courts, V.T.C.A., Government Code § 29.003; municipal court fines, costs and special expenses, Code of Criminal Procedure art. 45.203.

Sec. 1.13001    Reserved

Sec. 1.13002 – Jurisdiction.

 (a)The court shall have concurrent jurisdiction with the justice court in any precinct in which the City is located in those criminal cases that arise in the City and that are punishable by fine only.

(b)The court shall have civil jurisdiction for the purpose of enforcing municipal ordinances enacted under subchapter A, chapter 214, Local Government Code, or subchapter E, chapter 683, Transportation Code.

(c)The court shall have the authority to issue:

(1)Search warrants for the purpose of investigating a health and safety or nuisance ordinance violation; and

(2)Seizure warrants for the purpose of securing, removing, or demolishing the offending property and removing the debris from the premises.

(d)  The municipal court shall have exclusive original jurisdiction within the City of Seymour’s territorial limits and property owned by the City of Seymour located in the municipality’s extraterritorial jurisdiction in all criminal cases that:

(1)  arise under:

(A)  the ordinances of the City of Seymour; or

(B)  a resolution, rule, or order of a joint board operating an airport under Section 22.074, Transportation Code; and

(2)  are punishable by a fine not to exceed:

(A)  $2,000 in all cases arising under municipal ordinances or resolutions, rules, or orders of a joint board that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse;

(B)  $4,000 in cases arising under municipal ordinances that govern the dumping of refuse; or

(C)  $500 in all other cases arising under a municipal ordinance or a resolution, rule, or order of a joint board.

(e)  The City of Seymour municipal court has concurrent jurisdiction with the justice court of a precinct in which the municipality is located in all criminal cases arising under state law that arise within the City of Seymour’s territorial limits or property owned by the municipality located in the municipality’s extraterritorial jurisdiction and that:

(1)  are punishable only by a fine, as defined in Subsection (c);  or

(2)  arise under Chapter 106 of the Texas Local Government Code, Alcoholic Beverage Code, and do not include confinement as an authorized sanction.

(f)  In this section, an offense which is punishable by “fine only” is defined as an offense that is punishable by fine and such sanctions, if any, as authorized by statute not consisting of confinement in jail or imprisonment.

(g)  This section does not affect the powers given exclusively to a joint board operating an airport under Section 22.074(d) Texas Local Government Code, Transportation Code.

(h)  And all provisions there provided for in Chapter 29 Texas Local Government Code

Sec. 1.13003 – Appointment of judges; terms; compensation.

(a) The city council shall appoint a presiding judge and, at its discretion, appoint one or more alternate judges. The presiding judge and the alternate judges shall be appointed for terms of two years each and shall have the minimum qualifications and authority provided by state law. Each term of office shall commence upon October 1 in even numbered years. The city council shall establish the compensation for the presiding judge and each alternate judge.

(b)  If the City of Seymour changes the method of judicial selection from election to appointment, the first appointee takes office on the expiration of the term of the previously elected judge.

(c)  A reference in the laws of this state to a “recorder” means a “judge of the municipal court.”

(d) Requirements for Municipal Judge appointment:

(1) Must be a Valid US Citizen and Texas resident

(2) Must be 25 years of age or older

(3) Must have resided in the City of Seymour for a minimum of 2 years

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

(e) The City Council can provide for a longer term pursuant to Article XI, Section 11, of the Texas Constitution.  A municipal court judge who is not reappointed by the 91st day following the expiration of a term of office shall, absent action by the appointing authority, continue to serve for another term of office beginning on the date the previous term of office expired.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 764, Sec. 1, eff. Jan. 1, 1994.

Sec. 1.13004.  Temporary replacement. 

If the municipal judge of the City of Seymour is temporarily unable to act, the City Council may appoint one or more persons meeting the qualifications for the position to sit for the regular municipal judge.  The appointee has all powers and duties of the office and is entitled to compensation as set by the City Council.

Acts 1985, 69th Leg., ch. 480, Sec. 1, eff. Sept. 1, 1985.

Sec. 1.13005 – Appointment of clerk; other municipal court personnel.

The City council shall appoint a municipal court clerk for the municipal court who shall be an employee of the City, subject to the supervision of the city secretary and presiding judge. The City council shall make an annual appropriation for municipal court functions and personnel, as deemed necessary for proper operation of the court. The municipal court clerk shall perform all tasks required for the performance of their duties, including but not limited to those required by V.T.C.A., Government Code ch. 29, as amended, and all other applicable law.

Sec. 1.13006 – Failure to appear/violate promise to appear.

(a)Appearance required. Any person summoned or ordered to appear in the City municipal court to face and answer a charge brought against that person by the City for a violation of a state statute, City ordinance or other law or regulation shall appear in the municipal court at the date and time specified in the summon or order. For purposes of this article, “person” shall mean any other entity recognized in law.

(b)Complaint. In the event a person summoned or ordered to appear in the municipal court as outlined in subsection (a) of this section fails to appear, the municipal court clerk shall be authorized and empowered to file a complaint in the municipal court charging that person with failure to appear/violate promise to appear as summoned or ordered.

Sec. 1.13007 – Driving safety fees.

A nonrefundable fee of $10.00 shall be collected as a special expense each time a person requests to take a driving safety course for the purpose of having the charge dismissed after the successful completion of the course. The fee shall be paid into the town treasury to recover the costs incurred by the town in processing the person’s request for a driving safety class.

Sec. 1.13008 – Warrant fees.

The following fees are hereby established and shall be imposed and collected by the City’s municipal court for a defendant convicted of a misdemeanor in the following instances:

(1)When a defendant has been convicted in the municipal court of the City of Seymour, the defendant shall pay the sum of $50.00 for the execution or processing of an issued arrest warrant or capias by a peace officer. The fee shall be assessed on conviction regardless of whether the defendant was also arrested at the same time for another offense, and shall be assessed for each arrest made of a defendant arising out of the offense for which the defendant has been convicted.

(2)Proceeds collected here under shall be retained by the City in accordance with law.

Footnotes:— (2) —

State Law reference— Authority of municipality to establish municipal court technology fund, V.T.C.A., Code of Criminal Procedure art. 102.0172.

Sec. 1.1301     Collecting Delinquent Fines

(a)      An initial Time Payment Fee of twenty-five dollars ($25) will be imposed for any fines that are thirty (30) days past due or for any pay out agreements that are made.

(b)     In accordance with Article 103.0031 of the Texas Code of Criminal Procedure, there shall be imposed an additional fee of thirty percent on all debts and accounts receivable, i.e.: fines, fees, restitution, other debts, and costs that are more than sixty days past due and have been referred to an attorney for collection.  (Ordinance 2005-16 adopted 11/17/05)

Secs. 1.1302–1.1330     Reserved

Division 2. Technology Fund^†

Sec. 1.1331     Establishment and Use

(a)     This article provides for the establishment of a technology fee upon conviction of a misdemeanor offense in municipal court of offenses committed on or after the effective date of this article and before September 1, 2005, in the amount of four dollars ($4.00) for the municipal court technology fund. In accordance with Article 102.0172, Texas Code of Criminal Procedure, the fund may be used only to finance the purchase of technological enhancements for the municipal court, including:

(1)     Computer systems;

(2)     Computer networks;

(3)     Computer hardware;

(4)     Computer software;

(5)     Imaging systems;

(6)     Electronic kiosks;

(7)     Electronic ticket writers; and

(8)     Docket management systems.

(b)     A person is convicted if:

(1)     A sentence is imposed on the person;

(2)     The person is placed on community supervision, including deferred adjudication community supervision; or

(3)     The court defers final disposition of the person’s case.

(c)     All such fines and fees collected under this article shall be paid into the city treasury for the use and benefit of the city or as the laws of the state direct and shall be administered by or under the direction of the governing body of the municipality.

(Ordinance 2000-09 adopted 10/19/00)

ARTICLE 1.1400 WHITESIDE CENTER OF PERFORMING ARTS

Sec. 1.1401     Reservations and Rental Fees

(a)     Reservations will be made on a first-come, first-serve basis with one-half of the total fee to be paid at the time the reservations are made (telephone requests will be allowed ten (10) days). Remainder of fee shall be paid two (2) weeks prior to reservation date. All reservations are made though the city hall located at 301 North Washington Street Seymour, Texas 76380 or call 940-889-3148.

(b)     Written reservations by mail will also be accepted when accompanied by the required deposit (one-half of the total fee).

(c)     The fees shall be set for the Whiteside Center of Performing Arts as provided for in the fee schedule found in appendix A of this code.

Sec. 1.1402     General restrictions

(a)     It is prohibited to give out keys to the Whiteside Center of Performing Arts except as provided herein, the only persons authorized to have keys are: mayor, city administrator, city secretary, economic development director, the city chamber of commerce director, building maintenance person, and audio/visual technician. The key is to be used by authorized personnel, audio/visual technician, or persons doing maintenance on the building. Anyone making a reproduction of this key is in violation of this article.

(b)     Building will be opened and closed at times indicated on rental contract, at the time reservations were made, unless the city office is notified twenty-four (24) hours in advance and other arrangements are made. No exception.

(c)     If the person listed cannot be there at the time indicated to open, please make sure that someone is there. The attendant will stay for 15 minutes after scheduled time. If no one arrives at the scheduled time or within the 15-minute window, the building will be locked up and you will be responsible for finding the attendant to let you in.

(d)     No alcoholic beverages are allowed in or at the Whiteside Center of Performing Arts.

Sec. 1.1403     Requirements

(a)     Any furniture that is moved during the rental must be put back in its original place. Please note that the piano is not to be moved for any reason.

(b)     Lavatories should be cleaned, along with restrooms.

(c)     Floors should be swept and a damp mop, using only water, should be used to clean the floors.

(d)     Wastebaskets should be emptied and any/all litter outside needs to be collected and disposed of as well.

(e)     Refreshments allowed in the auditorium are as follows: Plastic bottles of water or other drinks with screw cap lids and pre-popped popcorn.

(f)     The Whiteside Center of Performing Arts will be opened no earlier than 8:00 a.m. and closed no later than 12:00 a.m.

(g)     At no time during the rental shall the building be left unattended. If you need to close before the time indicated on your contract, call the telephone number posted for the attendant to have them come and lock the building. If unable to reach this contact, please call the police department at 940-889-3333. You are responsible for the building and any damage done until it is locked for the night. Your deposit will be forfeited if not left in order or left unattended.

(h)     No one is allowed to spend the night in the building.

(i)     No pets allowed in the building. If an attendee has a service dog, you must indicate on your contract that a service dog will be on/in the premises.

(j)     The city will not be responsible for anything left in the building overnight.

(k)     Thermostats are not to be set lower than 67 degrees for cooling or higher than 75 degrees for heating.

(l)     No defacing, taping, or use of tacks or nails will be allowed on walls or any other part of the auditorium. No hangings of any kind will be allowed on the lighting sconces.

(m)     Do not leave children unattended during rental time or allow them to go up and down the stairs repeatedly during the use of the auditorium. Children left unattended could result in injury.

(n)     In the event that the reservation is cancelled, deposits and any other prepayments for building reservations will only be refunded if the facility is rented out by another party replacing the cancelled reservation and a refund is requested by the original reservation maker. Otherwise the prepaid amount is forfeited.

(o)     Any exception will need to be approved before reservation date by the city administrator.

Sec. 1.1404     Fines

Anyone found in violation of the provisions of this article may be fined up to one thousand ($1,000.00) dollars per day, and each day constitutes a separate and distinct violation and is punishable as such.

Sec. 1.1405     Signed Affidavit

Person(s) reserving the facility must sign the provided contract agreeing to pay actual replacement costs for any and all damages to the facility and fixtures that are caused by said renters, above and beyond the deposit fee.

(Ordinance 2016-11 adopted 12/15/16)

ARTICLE 1.1500 CITY HALL CINEMA

Sec. 1.1501     Reservations and Rental Fees

(a)     Reservations will be made on a first-come, first-serve basis with the total fee to be paid at the time the reservations are made (telephone requests will be allowed tens (10) days). All reservations are made though the city hall located at 301 North Washington Street Seymour, Texas 76380 or call 940-889-3148.

(b)     The fees shall be set for the City Hall Cinema as provided for in the fee schedule found in appendix A of this code.

Sec. 1.1502     General restrictions

(a)     It is prohibited to give out keys to the City Hall Cinema except as provided herein, the only persons authorized to have keys are: mayor, city administrator, city secretary, economic development director, building maintenance person, and audio/visual technician. The key is to be used by authorized personnel, audio/visual technician, or persons doing maintenance on the building. Anyone making a reproduction of this key is in violation of this article.

(b)     Building will be opened and closed at times indicated on rental contract, at the time reservations were made, unless the city office is notified twenty-four (24) hours in advance and other arrangements are made. No exception.

(c)     If the person listed cannot be there at the time indicated to open, please make sure that someone is there. The attendant will stay for 15 minutes after scheduled time. If no one arrives at the scheduled time or within the 15-minute window, the building will be locked up and you will be responsible for finding the attendant to let you in.

(d)     No alcoholic beverages are allowed in or at the City Hall Cinema.

Sec. 1.1503     Requirements

(a)     Any furniture that is moved during the rental must be put back in its original place.

(b)     Floors should be swept and a damp mop, using only water, should be used to clean the floors.

(c)     Wastebaskets should be emptied and any/all litter outside needs to be collected and disposed of as well.

(d)     Refreshments allowed in the auditorium are as follows: Plastic bottles of water or other drinks with screw cap lids, popcorn, candy, Pickles, Cake, Cookies, and Cupcakes.  Not permitted:  Nerds Candy, Cotton Candy, drinks in open containers, juice boxes, pouched drinks, nachos, chili dogs, or any other food determined to be a nuisance by the cinema attendee.

(e)     The City Hall Cinema will be opened no earlier than 8:00 a.m. and closed no later than 12:00 a.m.

(f)     No one is allowed to spend the night in the building.

(g)     No pets allowed in the building. If an attendee has a service dog, you must indicate on your contract that a service dog will be on/in the premises.

(h)     The city will not be responsible for anything left in the building overnight.

(i)     Thermostats are not to be set lower than 67 degrees for cooling or higher than 75 degrees for heating.

(j)     No defacing, taping, or use of tacks or nails will be allowed on walls or any other part of the cinema. No hangings of any kind will be allowed on the lighting sconces.

(k)     Do not leave children unattended during rental time or allow them to go up and down the stairs repeatedly during the use of the auditorium. Children left unattended could result in injury.

(l)     In the event that the reservation is cancelled any payments for building reservations will be refunded as long as reservation was cancelled PRIOR to the event.  In the event of a “no show”, all payments for the facility are forfeited.

(m)     Any exception will need to be approved before reservation date by the designated City Hall Cinema Director

Sec. 1.1504     Fines

Anyone found in violation of the provisions of this article may be fined up to one thousand ($1,000.00) dollars per day, and each day constitutes a separate and distinct violation and is punishable as such.

Sec. 1.1505     Signed Affidavit

Person(s) reserving the facility must sign the provided contract agreeing to pay actual replacement costs for any and all damages to the facility and fixtures that are caused by said renters, above and beyond the rental fee.