CHAPTER 1

GENERAL PROVISIONS

 ARTICLE 1.01 CODE OF ORDINANCES*

 Sec. 1.01.001     Adoption

There is hereby adopted the Code of Ordinances of the City of Rollingwood, Texas, as compiled, edited and published by Franklin Legal Publishing, Inc. (Ordinance adopting Code)

 Sec. 1.01.002     Designation and citation of code

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

 Sec. 1.01.003     Catchlines of articles, divisions and sections

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

State law reference–Headings of statutes, V.T.C.A., Government Code, sec. 311.024.

 Sec. 1.01.004     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:

Generally. Words shall be construed in their common and usual significance unless the contrary is clearly indicated.

Building official. The term “building official” means the building official and his duly authorized inspectors and assistants.

City and town. Each means the City of Rollingwood, Texas.

City administrator, city manager, city secretary, chief of police or other city officers. The term “city administrator,” “city manager,” “city secretary,” “chief of police” or other city officer or department shall be construed to mean the city administrator, city manager, city secretary, chief of police or such other municipal officer or department, respectively, of the City of Rollingwood, Texas.

City council.  The term “board of aldermen” means the city council, the council or the governing body of the City of Rollingwood.

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 first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday.

State law reference–Computation of time, V.T.C.A., Government Code, sec. 311.014.

Corporate limits. The term “corporate limits” means the territorial and political boundaries of the City of Rollingwood.

Council. Whenever the term “council” or “city council” or “the council” is used, it shall mean the city council of the City of Rollingwood, Texas.

State law reference–References to municipal governing body and to members of municipal governing body, V.T.C.A., Local Government Code, sec. 21.002.

County. The term “county” or “this county” shall mean the County of Travis, Texas.

Day. A day is the period of time between any midnight and the midnight following.

Delegation of authority. Whenever a provision of this Code of Ordinances requires or authorizes an officer or employee of the city to do some act or perform some duty, it shall be construed to authorize such officer or employee to designate, delegate and authorize subordinates to perform the act or duty unless the terms of the provision specifically designate otherwise.

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

State law reference–“Gender” defined, V.T.C.A., Government Code, sec. 312.003(c).

In the city. The words “in the city” shall mean and include all territory over which the city now has, or shall hereafter acquire, jurisdiction for the exercise of its police, regulatory and other powers.

Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

State law reference–Grants of authority, V.T.C.A., Government Code, sec. 312.004.

May. The word “may” is permissive.

State law reference–Construction of word “may,” V.T.C.A., Government Code, sec. 311.016.

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

State law reference–“Month” defined, V.T.C.A., Government Code, sec. 312.011.

Must and shall. Each is mandatory.

State law reference–Construction of words “must” and “shall,” V.T.C.A., Government Code, sec. 311.016.

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

State law reference–“Number,” V.T.C.A., Government Code, sec. 312.003(b).

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 “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”

State law reference–“Oath,” “swear” and “sworn” defined, V.T.C.A., Government Code, sec. 312.011.

Official time standard. Whenever certain hours are named in this code, they shall mean standard time or daylight saving time, as may be in current use in the city.

State law reference–Standard time, V.T.C.A., Government Code, sec. 312.016.

Or, and. The word “or” may be read “and,” and the word “and” may be read “or,” as 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 of a part of such building or land.

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

State law reference–“Person” defined, V.T.C.A., Government Code, sec. 311.005.

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

Premises. The term “premises” means a lot or tract of land or improvements thereon as otherwise used in this code.

Property. The word “property” shall mean and include real and personal property.

State law reference–“Property” defined, V.T.C.A., Government Code, sec. 311.005.

Public place. The term “public place” means any public street, alley, square, highway, grounds, house, premises, hotel, restaurant, boardinghouse, grocery, saloon, garden, workshop or other place, or part of the same, to which people usually resort, or have a right to resort, for business or pleasure.

Real property. The term “real property” shall mean and include lands, tenements and hereditaments.

Sidewalk. The word “sidewalk” shall mean that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature or subscription. A signature or subscription shall include a mark when a person cannot write.

State law reference–“Signature” and “subscribe” defined, V.T.C.A., Government Code, sec. 312.011.

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

Street. The word “street” shall have its commonly accepted meaning and shall include highways, sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the entire right-of-way.

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

State law reference–“Tense,” V.T.C.A., Government Code, sec. 312.003(a).

V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Such abbreviations refer to the divisions of Vernon’s Texas Statutes Annotated.

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

State law reference–“Written” or “in writing” defined, V.T.C.A., Government Code, sec. 312.011.

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

State law reference–“Year” defined, V.T.C.A., Government Code, sec. 312.011.

(1987 Code, ch. 1, subch. A, secs. 3, 4; Ordinance adopting Code)

 Sec. 1.01.005     Severability of parts of code

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code, since the same would have been enacted by the city council without the incorporation in the code of any such unconstitutional phrase, clause, sentence, paragraph or section. (Ordinance adopting Code)

State law reference–Severability of statutes, V.T.C.A., Government Code, sec. 312.013.

 Sec. 1.01.006     Repeal of ordinances

The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance or revive any ordinance which has been previously repealed. (Ordinance adopting Code)

State law reference–Effect of repeal of statutes, V.T.C.A., Government Code, sec. 311.030.

 Sec. 1.01.007     Amendments or additions to code

All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter enacted or presented to the city council for enactment, shall be drafted, so far as possible, as specific amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by reference to the chapter and section of the code which is to be amended, and additions shall bear an appropriate designation of chapter, article and section; provided, however, the failure to do so shall in no way affect the validity or enforceability of such ordinances. (Ordinance adopting Code)

 Sec. 1.01.008     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 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 that 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 material 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. 1.01.009     General penalty for violations of code; continuing violations

(a)     Whenever in this code, an ordinance of the city, or state law enforced by the city,

(1)     An act is prohibited;

(2)     An act is made or declared to be unlawful, an offense or a misdemeanor;

(3)     An act is required; or

(4)     The failure to do an act is declared to be unlawful; and

No specific penalty is provided therefor, the violation of such provision shall be punished by a fine not to exceed five hundred dollars ($500.00).

(b)     Unless otherwise authorized by state law, no fine established by this code or in any ordinance of the city may exceed five hundred dollars ($500.00) unless it penalizes a violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation, including the dumping of refuse. This section shall govern in the case of conflicts with other sections of this code or any ordinance.

(Ordinance 2012-05-16(A), sec. 1, adopted 5/16/12)

(c)     Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that does not exceed five hundred dollars ($500.00) does not require a culpable mental state, and a culpable mental state is hereby not required to prove any such offense. Unless otherwise specifically stated in this code, any violation of this code or of any ordinance that is punishable by a fine that exceeds five hundred dollars ($500.00) shall require a culpable mental state.

(d)     No penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state.

(e)     Unless otherwise stated in this code or in any ordinance, each day any violation of this code or of any ordinance shall continue shall constitute a separate offense.

(f)     In the event that any such violation is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the city. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

(Ordinance adopting Code)

State law references–Penalties for violations, V.T.C.A., Local Government Code, sec. 54.001; penalty for class C misdemeanor, V.T.C.A., Penal Code, sec. 12.23; requirement of culpability, V.T.C.A., Penal Code, sec. 6.02.

 ARTICLE 1.02 ADMINISTRATION

 Division 1. Generally

 Sec. 1.02.001     Form of government; town renamed as city

At a regular meeting of the city council held on the 9th day of May, 1963, the town council accepted, passed and approved the provisions of title 28, chapters 1–10, Revised Civil Statutes of the state. The Town of Rollingwood shall hereafter be known as the City of Rollingwood, Texas. (1987 Code, ch. 1, subch. B, sec. 1)

State law reference–Type A form of government, V.T.C.A., Local Government Code, sec. 5.001; sec. 22.001 et seq.

 Sec. 1.02.002     Official newspaper

(a)     The city is needful of designating an official newspaper to serve the city as such, and in which all notices required by law to be made by the city shall hereafter be published. After careful review and study, it has been found by the city council that the West Lake Picayune qualifies as an appropriate means of publication in that the same does now hold a second class mailing permit and is published, read, and distributed within the city. The West Lake Picayune, Travis County, Texas, is therefore designated as the official newspaper for the city.

(b)     The city secretary shall utilize the Picayune as the city’s official newspaper and shall have published in the Picayune all notices required by state law, ordinance or resolution to be published therein on such dates and times as may be required. The publication of captions of ordinances containing penalty provisions shall be sufficient to provide notice to the public of the contents of any such ordinance.

(1987 Code, ch. 2, subch. M, secs. 1, 2)

State law reference–Designation of official newspaper by municipality, V.T.C.A., Local Government Code, sec. 52.004.

 Secs. 1.02.003–1.02.040     Reserved

 Division 2. Claims Against City*

 Sec. 1.02.041     Written notice required

Before the city shall be liable for damages to any person or to property, written notice of such damages must be given to the city in accordance with the requirements set forth below. (1987 Code, ch. 2, subch. N)

 Sec. 1.02.042     Who shall give notice

The person injured or whose property is damaged, if living, or his representative if he is deceased, shall give the written notice. (1987 Code, ch. 2, subch. N, sec. 1)

 Sec. 1.02.043     Person authorized to receive notice

Written notice shall be given to the mayor, who is the only person authorized to receive notice of such damages. Any attempt to convey notice to other officers or employees of the city shall not be deemed to be the giving of notice in compliance with this division. (1987 Code, ch. 2, subch. N, sec. 2)

 Sec. 1.02.044     Deadline for giving notice

(a)     The written notice for damages for which the city may be liable under V.T.C.A., Civil Practice and Remedies Code, sec. 101.101, must be given within six (6) months after the death or injury to persons or property has been sustained.

(b)     The written notice of all other claims for damages must be given within sixty (60) days after the death or injury to persons or property has been sustained.

(1987 Code, ch. 2, subch. N, sec. 3)

 Sec. 1.02.045     Form of notice

The notice must be written. Oral notice or mere filing of suit shall not be sufficient. (1987 Code, ch. 2, subch. N, sec. 4)

 Sec. 1.02.046     Contents of notice

The written notice must state:

(1)     When, where and how the death, injury to persons or damages to property occurred.

(2)     The apparent extent of any such injury to person or damages to property.

(3)     The actual residence of the claimant, if still living, by street and number, at the time the claim is presented.

(4)     The actual residence of such claimant for six months immediately preceding the occurrence of such death or injury to persons or damages to property.

(5)     The names and addresses of all witnesses upon whom the claimant or claimant’s representative relies to establish the claim.

(6)     The name and address of the claimant’s representative filing the notice in instances where the claimant is deceased.

(7)     The name and address of the person filing the notice.

(1987 Code, ch. 2, subch. N, sec. 5)

 Sec. 1.02.047     Variance in facts alleged in notice and those proven at trial

The city shall not be deemed to have notice of any facts proven at any subsequent trial on the claim which vary materially from those facts set out in the written notice, insofar as those facts support an action undisclosed by that notice. (1987 Code, ch. 2, subch. N, sec. 6)

 Sec. 1.02.048     Continuing injuries

Before the city shall be liable for any continuing injuries, such as but not limited to those in the nature of nuisance, the person claiming damages must give notice in accordance with the requirements of this division. (1987 Code, ch. 2, subch. N, sec. 7)

 Sec. 1.02.049     Waiver of notice requirement

(a)     Written notice may be waived only by a formal resolution of the city council. (1987 Code, ch. 2, subch. N, sec. 8)

(b)     The above written notice requirements shall be waived if the city has actual knowledge of death, injury or property damage likely to result in a claim against the city. The city shall not be deemed to have actual knowledge unless that knowledge is attributable to an appropriate city official whose job duties include the authority to investigate and/or settle claims against the city.

(c)     Notice requirements shall likewise be waived in cases in which the plaintiff can demonstrate good cause or civil rights violations.

(Ordinance adopting Code)

 ARTICLE 1.03 ELECTIONS

 Sec. 1.03.001     Conformance with state law

The city shall conduct elections in accordance with chapter 52 of the Texas Election Code and all other applicable state law. (1987 Code, ch. 2, subch. O, sec. 1)

 Sec. 1.03.002     Contract for provision of election services

The city may contract with the county or another political subdivision for the provision of election services. (1987 Code, ch. 2, subch. O, sec. 2)

 Sec. 1.03.003     Establishment of precincts and polling places

(a)     The city’s election precincts may be designated and established as determined by the city in consultation with the county.

(b)     The polling places for elections shall be at the locations established by the city in consultation with the county or other political subdivision.

(1987 Code, ch. 2, subch. O, sec. 3)

 Sec. 1.03.004     City designated as single precinct

The city is hereby designated as a single precinct for the purpose of municipal elections. (1987 Code, ch. 2, subch. A, sec. 2)

 ARTICLE 1.04 CITY COUNCIL

 Division 1. Generally

 Sec. 1.04.001     Council to be governing body of city; composition; compensation of members

(a)     The city council shall be the governing body of the city. The city council shall consist of a mayor and five aldermen.

(b)     Members of the city council shall serve without compensation, but will be entitled to payment or reimbursement of all necessary expenses incurred in the performance of their official duties, in accordance with section 1.07.003 of this chapter.

(1987 Code, ch. 2, subch. A, sec. 1)

 Sec. 1.04.002     Term of mayor and aldermen

Pursuant to the provisions of section 22.035, Texas Local Government Code, as amended, the mayor and aldermen of the city shall serve two-year staggered terms. (1987 Code, ch. 2, subch. A, sec. 3)

 Sec. 1.04.003     Filling of vacancies

(a)     In the event of a vacancy or vacancies in the office of mayor or aldermen, such vacancy or vacancies shall be filled as follows:

(1)     If no more than one (1) vacancy exists, a majority of the remaining members of the city council may fill the vacancy by appointment, and the person appointed to fill the vacancy shall serve the term of the vacated position until the next regular city election.

(2)     In lieu of filling one (1) vacancy on the city council by appointment, as provided for above, a special election may be called to fill such vacancy.

(3)     If two (2) or more vacancies on the city council exist at the same time, a special election shall be called to fill such vacancies.

(b)     Special elections shall be ordered, held and conducted in accordance with the general laws of the state.

(1987 Code, ch. 2, subch. A, sec. 7)

 Sec. 1.04.004     Dealings with city staff

The city council shall work through the city administrator in dealing with the city officers and employees who are under the direction of the city. City staff shall respond to direction from the council as a whole, and not to direction from individual members of the city council. (1987 Code, ch. 2, subch. A, sec. 14)

 Sec. 1.04.005     Discretionary action by city agents

(a)     No document that purports to bind or obligate the city may be executed by the mayor, any other officer of the city, any agent of the city, or any city employee unless such execution has been duly authorized by the city council.

(b)     When any city council action contemplates creation or amendment of a document that purports to bind or obligate the city, no document or amended document may be signed or become effective until the document has been presented to and duly approved by the city council, except as otherwise authorized in an action of the city council expressly providing for limited discretion to be conferred on the agent authorized to execute a document.

(c)     No document (including minutes) approved by the city council may be altered or changed in any way without prior presentation of an amendment or correction to the city council and due approval thereof by the city council.

(d)     When any action of the city council requires or authorizes action by an officer, agent or employee of the city, the packet for each subsequent regular city council meeting shall contain a progress report of the status of the required or authorized action until the action is complete or the matter is otherwise resolved in a manner duly approved by the city council.

(e)     City policy is established by action of the city council in this code and other ordinances and resolutions adopted by the city council, subject to variances therefrom only on the terms and conditions provided by applicable law and by action of the authorized body (e.g. the board of adjustment may grant variances from zoning regulations). No agent of the city shall take, authorize, or approve any action in conflict with city policy as stated in this code and other ordinances and resolutions adopted by the city council.

(f)     If an application or other request for approval is controlled by this code but presents an issue that is not clearly addressed in the applicable regulations, or if there are inconsistent applicable regulations, the matter shall be presented to the city council for interpretation of the applicable regulations. If timely action on the application or request for approval does not allow for the issue to be first presented to the city council, an agent authorized to act on the application or request for approval shall act in a manner that most closely follows the express provisions of the applicable regulations, and shall present the issue and the action taken to the city council at its next regularly scheduled meeting for which there is adequate time to post the matter in compliance with the Texas Open Meetings Act.

(Ordinance 2012-04-18(B) adopted 4/18/12)

 Secs. 1.04.006–1.04.040     Reserved

 Division 2. Meetings*

 Sec. 1.04.041     Generally

(a)     The city council shall hold at least one regular meeting each month and may hold as many special meetings as necessary to conduct city business. The regular meeting of the city council shall be held on the third Wednesday of each month in the city hall, unless changed by majority vote of the city council at a public meeting.

(b)     The mayor or any three aldermen may call special meetings by notice to each member of the council, the city secretary and the city attorney, served personally or left at their usual place of abode.

(c)     While in an open meeting, an executive session which is properly posted on the agenda may be convened by the mayor or upon motion of any aldermen.

(d)     Notice of all meetings shall be posted in accordance with the Texas Open Meetings Act, chapter 551 of the Texas Government Code.

(e)     All meetings of the city council shall be conducted in accordance with the provisions of the latest edition of Robert’s Rules of Order.

(1987 Code, ch. 2, subch. A, sec. 4)

 Sec. 1.04.042     Presiding officer; mayor pro tempore; council liaisons

(a)     The mayor shall be the presiding officer of the city council and shall conduct all meetings of the city council to permit full and free discussion by the members of the council and the public in accordance with the rules established by this article.

(b)     At the first meeting following each regular city election, or as soon thereafter as practicable, the city council shall elect one alderman to serve as mayor pro tempore for a term of one year and to perform the duties of the mayor in the event of the mayor’s failure, inability or refusal to act. If the mayor and the mayor pro tempore are absent, any alderman may be appointed to preside at a meeting.

(c)     The mayor shall not have the power to veto or modify any ordinance adopted by the city council and may not, in any way, neutralize or negate any action of the city council. The mayor may not bind or obligate the city in any way without prior authorization from the city council. The mayor may not vote on any motion considered by the council, unless necessary to break a tie.

(d)     At the first meeting following each regular council election, or as soon thereafter as practicable, the city council shall elect one alderman, including the mayor, to serve as council liaison for each of the following:

(1)     Police and courts;

(2)     Utilities;

(3)     Streets and roadways;

(4)     Park and planning;

(5)     Personnel; and

(6)     Budget.

Each council liaison shall serve as the council’s representative for negotiations on and formulation of policies, for council action, in connection with their assigned issue or subject. No council liaison may bind or obligate the city in any way without prior authorization from the city council.

(1987 Code, ch. 2, subch. A, sec. 5)

State law reference–Mayor as presiding officer, V.T.C.A., Local Government Code, sec. 22.037.

 Sec. 1.04.043     Quorum

The mayor shall, together with three aldermen, constitute a quorum for the transaction of business. In the mayor’s absence, any four aldermen shall constitute a quorum. (1987 Code, ch. 2, subch. A, sec. 6)

State law reference–Quorum requirements, V.T.C.A., Local Government Code, sec. 22.039.

 Sec. 1.04.044     Agenda

(a)     The city administrator shall prepare and post the agenda for each city council meeting.

(b)     The city administrator must place an item on an agenda if:

(1)     The item is requested by the mayor or a member of the city council;

(2)     The item is requested by a city commission;

(3)     The item is requested by a city department head or the city attorney; or

(4)     The city administrator determines that the item is necessary in the general conduct of city business.

(c)     An item placed on the agenda at the request of the mayor or any member of the city council may not be removed from the agenda unless the removal is approved by the person requesting the agenda item.

(1987 Code, ch. 2, subch. A, sec. 8)

 Sec. 1.04.045     Consent agenda

The city council may adopt certain items by consent of the city council, without taking a separate vote on each item. The items adopted by consent of the city council are the “consent agenda.” The council may not adopt the following by consent:

(1)     An item subject to a public hearing;

(2)     An item posted on the agenda for consideration at a specific time;

(3)     An item for which the city administrator has received a written request that the item be removed from the consent agenda;

(4)     An item for which the city administrator has received, before the meeting is called to order, registration cards from one or more persons who intend to testify on the items; or

(5)     An item that any member of the city council requests be removed from the consent agenda.

(1987 Code, ch. 2, subch. A, sec. 9)

 Sec. 1.04.046     Rules of order

(a)     Decorum shall be observed by all members of the council and all persons attending a council meeting. No person or alderman may use disparaging, threatening or abusive language during a council meeting.

(b)     The presiding officer shall maintain order at all council meetings. The presiding officer may shorten a person’s speaking time, ban a person from speaking for the balance of a meeting, or cause a person to be removed from the council meeting for a violation of the rules of order set out in this article. A ban or removal applies only for the duration of the meeting at which it is imposed.

(c)     The presiding officer shall rule out of order any alderman breaching decorum. An alderman ruled out of order may call for a vote of the council to sustain or overrule the presiding officer.

(1987 Code, ch. 2, subch. A, sec. 10)

 Sec. 1.04.047     Citizen communications

(a)     The presiding officer will ensure that citizens of the city have a reasonable opportunity to address the council regarding matters under consideration at any meeting.

(b)     A person who intends to testify at a council meeting on an agenda item or at a public hearing shall deliver to the city administrator a registration card that includes the person’s name, the date of the council meeting, and the agenda item or items upon which he or she wishes to speak.

(c)     The person may deliver the card to the city administrator at any time after the city administrator posts the agenda for the meeting and before the item is taken up.

(d)     The presiding officer shall grant a person at least three minutes to address the city council, unless the council rules otherwise or the presiding officer exercises authority under section 1.04.046 to reduce the speaker’s time. More than three minutes of time may be granted at the discretion of the presiding officer.

(1987 Code, ch. 2, subch. A, sec. 11)

 Sec. 1.04.048     Closed meetings

If a closed meeting is permitted by state law, the city council may meet in a meeting that is closed to the public during any city council meeting. A closed meeting may be held at any time during any city council meeting, but notice of the closed meeting must be given in accordance with the Texas Open Meetings Act, chapter 551, Texas Government Code. (1987 Code, ch. 2, subch. A, sec. 12)

 Sec. 1.04.049     General order of business

The general order of business at a city council meeting is as follows:

(1)     Call to order.

(2)     Announcements and proclamations.

(3)     Citizen communications on any item not on the agenda.

(4)     Council action on the consent agenda.

(5)     Consideration of any items pulled from the consent agenda.

(6)     Other specific agenda items.

(7)     Administrative matters, including staff, commissions’, aldermens’ and mayor’s reports.

(8)     Executive sessions.

(9)     Adjournment.

(1987 Code, ch. 2, subch. A, sec. 13)

 Sec. 1.04.050     Effect of procedural rules

The procedural rules set forth in this article are directory only, and it is the intent of the city council that the violation of any such procedural rules shall not affect the validity or legality of any city council action otherwise properly taken. (1987 Code, ch. 2, subch. A, sec. 15)

 Secs. 1.04.051–1.04.080     Reserved

 Division 3. Ordinances and Resolutions

 Sec. 1.04.081     Style

The style of all ordinances shall be “BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROLLINGWOOD, TEXAS” and the style of all resolutions shall be “BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROLLINGWOOD, TEXAS.” (1987 Code, ch. 2, subch. H, sec. 1)

 Sec. 1.04.082     Introduction and reading of ordinances; action on ordinances

Every proposed ordinance shall be in writing and shall be introduced by a member of the city council at an open meeting of the council, when it shall be read and acted upon. It shall only be necessary to provide a brief explanation and read the caption of the ordinance unless a majority of the council votes to read the entire ordinance. (1987 Code, ch. 2, subch. H, sec. 2)

 Sec. 1.04.083     Disposition of ordinances upon passage

All ordinances, upon passage, shall be approved by the mayor, numbered and attested by the city secretary, and recorded by the city secretary in the book of ordinances provided for such purpose by the city council. (1987 Code, ch. 2, subch. H, sec. 3)

 Sec. 1.04.084     Disposition of resolutions upon passage

All resolutions, upon passage, shall be approved by the mayor, numbered and attested by the city secretary, and recorded by the city secretary in the book of resolutions provided for such purpose by the city council. (1987 Code, ch. 2, subch. H, sec. 4)

 Sec. 1.04.085     Manner of numbering

All ordinances and resolutions enacted by the city council shall be numbered in a manner prescribed by the council. (1987 Code, ch. 2, subch. H, sec. 5)

 Sec. 1.04.086     Publication of ordinances; effective date of ordinances

(a)     Every ordinance imposing a penalty, fine or forfeiture shall, after passage, be published in the official newspaper of the city in accordance with state law, and each ordinance shall take effect and be in force from and after the publication thereof, unless otherwise expressly provided. In lieu of publishing the entire ordinance, the city council may provide for the publication of a descriptive caption or title which summarizes the purpose of the ordinance and the penalty for violation thereof.

(b)     Ordinances not required to be published shall take effect immediately upon passage, unless otherwise provided.

(1987 Code, ch. 2, subch. H, sec. 6)

 Sec. 1.04.087     Veto power of mayor

Every ordinance or resolution passed by the city council must be filed with the city secretary. Thereupon, the mayor may either sign or refuse to sign the ordinance or resolution. If the mayor refuses to sign an ordinance or resolution, his objections must be set forth in writing and submitted to the city secretary within three (3) days of the time the ordinance or resolution was filed. (If the mayor’s statement of objections is not filed within three (3) days, the ordinance or resolution automatically goes into effect without his signature.) If the mayor timely files a statement of objections to the ordinance or resolution, it is defeated unless a majority of the whole number of the members of the council (not just a majority of those present and voting) votes to override the mayor’s veto by adopting the ordinance or resolution as originally proposed, with the votes of each alderman entered in the minutes of the meeting at which the vote was taken. (1987 Code, ch. 2, subch. H, sec. 7)

 ARTICLE 1.05 CITY OFFICERS*

 Division 1. Generally

 Sec. 1.05.001     Use of office for political purposes prohibited

No holder of an office established by this code filled by appointment of the city council who is also an employee of the city, nor any other employee of the city shall knowingly or willfully use such office or engage in conduct in the course of fulfilling the duties of such office in a manner intended to influence the opinion of members of the public or any employees of the city for or against any measure, action or policy constituting a matter of public business within the jurisdiction of the governing body of the city. Nor shall any such officer engage in any conduct in his/her capacity as such an officer that is intended or likely to influence the vote of any voter in an election conducted by the city regarding the offices of mayor or alderman, or regarding any measure. The proscription of this section shall not apply to:

(1)     Any report or advice provided by an officer to one or more members of the city council;

(2)     Any directive or communication to subordinate employees in furtherance of actions taken by the governing body of the city or directives given in furtherance of established policies or practices in connection with the administration of the city’s business and regulatory affairs; or

(3)     Actions taken by the officer in an exercise of a right protected by the state or federal constitutions and other applicable law, including protected First Amendment activity.

(Ordinance 2012-04-18(A), sec. 1, adopted 4/18/12)

 Secs. 1.05.002–1.05.030     Reserved

 Division 2. City Administrator, City Secretary and City Treasurer

 Sec. 1.05.031     Employment of city administrator

The city council may, from time to time employ a city administrator, to perform such duties and responsibilities as determined by the city council. A city administrator shall be employed at the pleasure of the city council. (Ordinance 2012-04-18(A), sec. 2, adopted 4/18/12)

 Sec. 1.05.032     Powers and duties of city secretary

The city secretary will exercise all of the powers and perform all of the duties prescribed by law, and will perform such other duties as may be required by the city council. (1987 Code, ch. 2, subch. C, sec. 3)

 Sec. 1.05.033     Appointment of city secretary

The city secretary shall be appointed and employed by majority vote of the city council for an initial term of one month. (Ordinance 2012-04-18(A), sec. 4, adopted 4/18/12)

 Sec. 1.05.034     Powers and duties of city treasurer

(a)     A record of all funds paid to or received by the city shall timely be made as such funds are received or credited to the city. The city treasurer shall review records of income and expenditures not less frequently than once per month, and shall have the authority to direct other agents of the city to provide records of such income and expenditures. All funds of the city shall be deposited in accounts in financial institutions authorized by the city council.

(b)     Routine periodic expenditures for such things as supplies, utilities (including amounts owing pursuant to agreements approved by the city council for wholesale purchase of water or wastewater services, or the provision of utility infrastructure), regular maintenance, wages for employees and related payroll taxes, and expenditures for periodic employment benefits, all as budgeted for the then current fiscal year; and payments lawfully due pursuant to a fixed price agreement, approved by the city council shall be made by check or other financial instrument on the signature(s) of those authorized and/or required pursuant to ordinances or resolutions adopted by the city council and agreements with the applicable financial institution approved by the city council. For all other expenditures of city funds, the city treasurer shall be provided actual notice in advance of such expenditure, and the city treasurer shall have the authority to suspend or abate any such expenditure pending city council review. Any suspended or abated expenditure shall be presented to the city council at the next city council meeting occurring four days or more after the city treasurer’s decision to suspend or abate such expenditure. Except as otherwise required by applicable law, in no event shall an expenditure be made:

(1)     Except in accordance with the then current budget adopted and, as applicable, amended by the city council; and

(2)     In the case of a public works project or an acquisition of equipment, vehicles or other capital expenditures, except pursuant to an agreement or purchase order approved by the city council.

(c)     A record of all expenditures of city funds shall timely be made or caused to be made by the person(s) authorizing the expenditure. Not less frequently than once per month, as directed by the city treasurer, an accurate record of such expenditures, with such supporting documents as directed by the city treasurer, shall be provided to the city treasurer.

(d)     The city treasurer shall render to the city council a full statement of the funds received or credited and expenditures made at least once per month, in the manner and time as may be directed by the city council, by providing such an accounting to the city secretary for inclusion in information provided to the city council at a meeting held that month. Each such full statement shall cover the period immediately following the end of the period of the last full statement.

(e)     The city treasurer shall perform other acts and duties as the city council requires.

(f)     In the event of a vacancy in the office of city treasurer, the city council may provide for procedures to monitor the income and expenses of the city, but except as otherwise directed by the city council, the requirement to provide notice to the city treasurer prior to making an expenditure as provided in subsection (b) shall be suspended.

(Ordinance 2012-04-18(A), sec. 5, adopted 4/18/12)

 Sec. 1.05.035     Appointment of city treasurer

The city treasurer shall be appointed by majority vote of the city council for an initial term of one month. The city council may appoint as city treasurer any resident or employee of the city except the mayor or city secretary. (Ordinance 2012-04-18(A), sec. 6, adopted 4/18/12)

 Sec. 1.05.036     Bond of city treasurer

The city treasurer shall execute a bond. The bond must:

(1)     Be in favor of the city;

(2)     Be in the form and amount required by the city council;

(3)     Have security approved as sufficient by the city council; and

(4)     Be conditioned that the treasurer will faithfully discharge the duties of the office.

(Ordinance 2012-04-18(A), sec. 7, adopted 4/18/12)

Sec. 1.05.037     Continuation of office of city secretary and city treasurer oath/employment of officers

(a)     The city secretary and city treasurer shall each continue to serve after the expiration of his/her term until the earlier of:

(1)     Removal from office by vote of two-thirds of the elected aldermen in favor of a resolution declaring a lack of confidence; or

(2)     Appointment of a successor holder of the office by action of a majority of the city council.

The city secretary and city treasurer shall each take and sign an oath of office before beginning to perform the duties of the respective offices.

(b)     Employment of officers. If the city secretary or the city treasurer is an employee of the city, such employment shall be by action of a majority vote of the city council. The employment of the city secretary and the city treasurer shall automatically be terminated upon removal or appointment of a successor to the respective office. The salary, hours, duties, and other terms and conditions of employment of the city secretary and the city treasurer shall be established, amended, or altered by majority vote of the city council. Neither the city secretary nor the city treasurer shall be employed for a definite term. The foregoing limitation shall not be construed to preclude the city council from providing to an officer a severance or other financial benefit upon termination of employment as a condition or term of employment or appointment to office.

(Ordinance 2012-04-18(A), sec. 8, adopted 4/18/12)

 ARTICLE 1.06 BOARDS AND COMMISSIONS

 Sec. 1.06.001     Membership requirements

The qualifications to serve on all city council appointed boards, commissions and committees are the same as the qualifications to hold the position of alderman in the city. (Ordinance 2009-07-15 adopted 7/15/09)

 Sec. 1.06.002     Meetings

All boards, commissions, and committees established by the city shall comply with the provisions of chapter 551, Texas Government Code, commonly referred to as the Open Meetings Act, including posting notices and agendas so as to adequately inform the public of the time, location and substance of business to be undertaken. Meetings closed to the public or executive sessions are normally not appropriate for boards, commissions and committees and will not be conducted without the advice and consent of the city attorney. All boards, commissions and committees must keep at least summary records of their proceedings and these records will be accessible to the public. (1987 Code, ch. 2, subch. Q, sec. 2)

 Sec. 1.06.003     Removal of members for failure to attend meetings

Uniform attendance at meetings by all members of city council appointed boards, commissions, and committees is required. Any member who misses 3 consecutive regular meetings or misses one-third of all regular meetings in a 12-month time period, except for health reasons as determined by the chairperson in both instances, will be ineligible to continue serving and his or her vacancy will be filled by the city council. A city staff member will be assigned by the city council to provide support to each board, commission or committee. This staff member will keep attendance records and will report to the city council whenever the need for a new appointment occurs. The city council may make exceptions to this provision on the affirmative vote of 4 members of the city council. (1987 Code, ch. 2, subch. Q, sec. 3)

 Sec. 1.06.004     Officers

Except as otherwise provided in the city’s Code of Ordinances, all appointed boards, commissions and committees shall appoint, from their respective memberships, their own chairpersons and such additional officers as may be necessary. (1987 Code, ch. 2, subch. Q, sec. 4)

 Sec. 1.06.005     Annual report

Each board, commission and committee established by the city council will annually submit a written summary reporting its activities to the city council. (1987 Code, ch. 2, subch. Q, sec. 5)

 Sec. 1.06.006     Serving on more than one board, commission or committee

No person other than a member of the city council may be appointed to or serve on more than one city council established board, commission or committee at the same time. (1987 Code, ch. 2, subch. Q, sec. 6)

 Sec. 1.06.007     Limitation on term of service

No member of a city council appointed board, commission or committee may serve on that board, commission or committee for more than 6 consecutive years, except when this limitation would conflict with federal or state statutes. A member of a board, commission or committee may not be reappointed if, by service of an entire new term, that member’s total consecutive years in the position would exceed 6 years. Upon completion of 6 consecutive years of service on any board, commission or committee, a member may be appointed to another board, commission or committee or, after a 2-year waiting period, may be reappointed to the original board, commission or committee. The city council may make exceptions to this limitation on the affirmative vote of 4 members of the city council. (1987 Code, ch. 2, subch. Q, sec. 7)

 ARTICLE 1.07 CODE OF ETHICS AND TRAVEL AND EXPENSE POLICY*

 Sec. 1.07.001     Definitions

Unless the context requires otherwise, the following words, terms and phrases, when used in this article, will have the following meanings:

City board or commission. A city commission, committee, board, task force, or other city body, the members of which are appointed by the city council.

City council. The legislative and governing body of the city, consisting of the mayor and aldermen.

Code. This code of ethics, travel and expense policy, as amended from time to time.

Conference. A conference, seminar, educational gathering, meeting to discuss city business or other fact-finding meeting authorized under section 1.07.003 of this article.

Employee. Any person employed by the city, including individuals employed on a part-time basis, but does not include any independent contractor hired by the city.

Official or city official. The mayor, members of the city council, the city secretary, the head of any city department, members of city boards or commissions, and any other person appointed or authorized by the city council to represent or act on behalf of the city in any capacity, whether such person is salaried, hired, appointed or elected.

Region. The geographic area designated as Region 10 by the Texas Municipal League.

(1987 Code, ch. 2, subch. A-1, sec. 1)

 Sec. 1.07.002     Code of ethics

(a)     Purpose. This code of ethics is adopted:

(1)     To establish guidelines for high ethical standards in official conduct by city officials and employees; and

(2)     To instill a high level of public confidence in the professionalism, integrity and commitment to the public interest of those in the public service of the city.

(b)     Policy. It is the policy of the city that all city officials and employees conduct themselves in a manner consistent with sound business and ethical practices, that the public interest is always considered in conducting city business, and that the appearance of impropriety must be avoided to ensure public confidence.

(c)     Conflicts of interest.

(1)     No city official or employee may transact any business in his official capacity with or participate in any discussion, vote or decision affecting any person with whom he has a personal business relationship or business entity in which he has any personal pecuniary interest, whether direct or indirect; provided, however, that participation involving a nonprofit organization, entity or other charitable association will not constitute a conflict of interest under this provision.

(2)     No city official or employee may utilize information obtained in his official capacity for his personal pecuniary benefit, whether direct or indirect.

(3)     No city official or employee may represent, directly or indirectly, himself or any other person, business entity, group or interest before the body of which he is a member, except in matters of purely public concern and when doing so without compensation.

(4)     An official or employee may not participate in discussions, a vote or a decision on a matter in which he has a personal pecuniary interest, whether direct or indirect, or when his participation is prohibited by law.

(d)     Disclosure of conflict of interest.

(1)     The city may not contract for the purchase of services or property with an entity in which a city official has a substantial interest, except as provided by law.

(2)     Each city official has a continuing duty to disclose the existence of any personal pecuniary interest which he has or subsequently obtains in any matter that would be affected by a vote or decision of the body of which he is a member.

(3)     In the event of a conflict of interest, a city official must, prior to any vote or decision on the matter:

(A)     File an affidavit with the city secretary stating the nature and extent of his conflict of interest;

(B)     Leave the dais and abstain from participation in the discussion of the matter in which he has a conflict of interest; and

(C)     If the matter is discussed in executive session, he may not be physically present for the discussion.

(4)     An employee must notify his supervisor in writing of any personal pecuniary interest that he has in a matter that would be affected by an exercise of discretionary authority by the employee. Upon receipt of such notice, his supervisor will reassign the matter.

(e)     Gifts. A city official or employee may not accept a benefit, as defined in section 36.01, Texas Penal Code, from any person or entity if acceptance of the benefit is prohibited by law. As of the date of adoption of this article, section 36.08 of the Texas Penal Code sets forth the prohibitions against acceptance of gifts by public officials. Nothing in this section will be deemed to prohibit an official or employee from accepting a benefit permitted under section 36.10, Texas Penal Code.

(f)     Bribery. A city official or employee may not intentionally or knowingly offer, confer or agree to confer, or solicit, accept or agree to accept any benefit, as defined in section 36.01, Texas Penal Code, as consideration, when to do so is prohibited by law. As of the date of adoption of this article, section 36.02 of the Texas Penal Code lists the actions that are considered to constitute bribery when committed by public officials.

(g)     Prohibition against serving as surety. No city official or employee may serve as a surety on any official bond required of an official or employee of the city, or as a surety for any person or entity doing business with the city.

(1987 code, ch. 2, subch. A-1, sec. 2)

 Sec. 1.07.003     Travel and expense policy

(a)     Purpose. The city council wishes to establish an equitable and reasonable policy to cover the reimbursement of officials and employees for necessary and reasonable expenses incurred in the conduct of authorized city business. All requests for reimbursement will be subject to requirements of documentation and reasonableness.

(b)     Verified statement of expenditures. Any official or employee desiring reimbursement for travel or other business expenses must present a verified statement of the expenses to the city secretary, together with supporting receipts and invoices.

(c)     Travel within region. All reasonable and necessary travel by officials and employees for conduct of city business including travel for attendance at conferences within the region or which costs less than $50.00 per person is authorized, subject to compliance with applicable city policies and procedures. Reimbursement for the use of private automobiles by officials and employees will be made monthly upon submission to the city secretary of a verified statement of expenditures in accordance with subsection (b) of this section. Mileage will be reimbursed at the maximum nontaxable rate allowed by the Internal Revenue Service at the time the mileage is incurred. Officials and employees will report the shortest distance between destinations for all travel.

(d)     Travel out of region. Travel out of the region by officials and employees for conduct of city business, including attendance at conferences, is permissible if the travel is authorized in advance by the city council and does not exceed applicable budgetary limitations. Reimbursement for out-of-region travel will be based on the most economical means reasonably available. When private automobiles are used for out-of-region travel, reimbursement will be made on the basis of actual mileage traveled or tourist-class airfare, whichever is less. If no air service is available to the authorized destination, actual mileage will be allowed. Mileage will be reimbursed at the maximum nontaxable rate allowed by the Internal Revenue Service at the time the mileage is incurred. The difference in cost between first-class air accommodations and tourist-class air accommodations will not be eligible for reimbursement, except when tourist-class air accommodations are not reasonably available. If a rental car is used for city business, officials and employees must choose the optional insurance coverage, and the city will pay for the insurance cost.

(e)     Registration, hotel and meals expenses. Registration expenses for approved conferences will be reimbursed in full. Costs of a hotel room for all conferences, not exceeding the official conference rate, if available, will be eligible for reimbursement, including the cost of the room the night before the commencement of the conference and the night of the final meeting day of the conference. Reasonable costs of meals on travel dates and meals that are not provided by the conference will be reimbursed for the official or employee only.

(f)     Other expenses. Officials and employees engaged in necessary and authorized travel in the conduct of city business will be reimbursed for the actual cost of reasonable, necessary and documented expenses, including the cost of telephone, parking, tolls, taxis, and reasonable gratuities.

(g)     Limitations. The following items of travel-related expenses will not be reimbursed:

(1)     Any item of a personal nature;

(2)     Entertainment;

(3)     Social activities;

(4)     Alcoholic beverages;

(5)     Expenses of a spouse, children, or guests; and

(6)     Laundry and valet service.

(h)     Report to council. All members of the city council who participate in a conference must submit a written report to the council summarizing the information obtained by the member at the next city council meeting following the date the member returns from the conference.

(1987 Code, ch. 2, subch. A-1, sec. 3)

 Sec. 1.07.004     Complaint procedure; violations

(a)     Procedures for complaints.

(1)     All complaints or allegations of a violation of this article against an official or employee must be in writing, sworn to before a notary public, and filed of record with the mayor, or, if the complaint is against the mayor, with any alderman. A complaint must describe in detail the act or acts complained of and the specific section(s) of this article alleged to have been violated. Neither general complaints lacking in specific detail nor anonymous complaints will be sufficient to invoke the procedures set forth in this article.

(2)     Complaints under this article will be filed, heard and considered in accordance with the procedures set forth in section 21.021, Texas Local Government Code.

(3)     The council may consider a complaint in executive session, but any final action, decision, or vote with regard to any matter will be made in a meeting that is open to the public.

(b)     Violations by aldermen.

(1)     The failure of any city council member to comply with one or more of the applicable standards of conduct set forth in this article will constitute grounds for reprimand or removal from office in accordance with section 21.021 et seq., Texas Government Code. Any reprimand or removal will require the affirmative vote of three city council members.

(2)     Any city council member removed from office because of violations of this article will be ineligible to hold city office or employment for two years after removal, in addition to any other penalty provided by law.

(c)     Violations by other officials and employees.

(1)     The failure of a city official other than a city council member to comply with one or more of the standards of conduct set forth in this article will constitute grounds for expulsion, reprimand, or removal from office to the extent allowed by law.

(2)     The failure of a city employee to comply with one or more of the standards of conduct set forth in this article will constitute grounds for reprimand, suspension or termination to the extent allowed by law. All disciplinary action and any appeals therefrom will be in conformity with applicable procedures established in the personnel policies of the city.

(3)     Any city official other than a city council member removed from office or employee dismissed from employment because of violation of this article will be ineligible to hold city office or employment for two years after removal, in addition to any other penalty provided by law.

(1987 Code, ch. 2, subch. A-1, sec. 4)

 Sec. 1.07.005     City attorney opinions

Any city council member may request that the city attorney issue an opinion with regard to whether a specific interest or relationship constitutes a conflict of interest under this code. Any alderman or city official acting in reasonable reliance on any such city attorney opinion will not be construed to have violated this code due to such interest or relationship. (1987 Code, ch. 2, subch. A-1, sec. 5)

 ARTICLE 1.08 FINANCES*

 Division 1. Generally

 Sec. 1.08.001     Fiscal year

The fiscal year of the city commences on the first (1st) day of October of each year and concludes on the thirtieth (30th) day of September next ensuing. (1987 Code, ch. 2, subch. J, sec. 1)

State law reference–Authority of municipality to prescribe fiscal year, V.T.C.A., Local Government Code, sec. 101.042.

 Sec. 1.08.002     Annual audit

An audit of the city’s accounts shall be made upon conclusion of the fiscal year, and filed in accordance with V.T.C.A., Local Government Code, section 103.003. (1987 Code, ch. 2, subch. K, sec. 1)

State law reference–Audit of municipal finances, V.T.C.A., Local Government Code, ch. 103.

 Sec. 1.08.003     City depositories

JP Morgan Chase Bank, N.A., and TEXPOOL are hereby designated as the official depositories of the city. (1987 Code, ch. 2, subch. L, sec. 1)

State law reference–Depositories for municipal funds, V.T.C.A., Local Government Code, ch. 105.

 Secs. 1.08.004–1.08.040     Reserved

 Division 2. Annual Budget

 Sec. 1.08.041     Budget officer

The mayor shall serve as the budget officer of the city. (1987 Code, ch. 2, subch. I, sec. 1)

State law reference–Budget officer, V.T.C.A., Local Government Code, sec. 102.001.

 Sec. 1.08.042     Budget required

The mayor shall, in consultation with members of the city council and city staff, annually prepare a budget to cover all proposed expenditures of the city government for the succeeding year, in accordance with V.T.C.A., Local Government Code, section 102.002. (1987 Code, ch. 2, subch. I, sec. 2)

State law reference–Annual budget required, V.T.C.A., Local Government Code, sec. 102.002.

 Sec. 1.08.043     Contents

The budget shall show all proposed expenditures, and shall be carefully itemized so as to make as clear a comparison as practicable between expenditures included in the proposed budget and actual expenditures for the same or similar purposes for the preceding year. The budget must also show as definitely as possible each of the various projects for which appropriations are made in the budget and the budgeted sums for each of such projects. The budget shall also contain a complete financial statement of the city showing all outstanding obligations of the city, the cash on hand to the credit of each fund, and funds received from all sources during the previous year, the funds available to cover the proposed budget, and the estimated rate of tax which will be required. (1987 Code, ch. 2, subch. I, sec. 3)

State law reference–Itemized budget and contents, V.T.C.A., Local Government Code, sec. 102.003.

 Sec. 1.08.044     Employee cooperation

The mayor may require any city employee to furnish information necessary to prepare the proposed budget. (1987 Code, ch. 2, subch. I, sec. 4)

State law reference–Information furnished by municipal officers and boards, V.T.C.A., Local Government Code, sec. 102.004.

 Sec. 1.08.045     Filing of proposed budget

The proposed budget shall be filed with the city secretary not less than thirty (30) days prior to the date upon which the city council sets the tax rate for the upcoming fiscal year. A proposed budget that will require raising more revenue from property taxes than in the previous year must contain a cover page with the following statement in 18-point or larger type: “This budget will raise more total property taxes than last year’s budget by [insert total dollar amount of increase and percentage increase], and of that amount [insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll] is tax revenue to be raised from new property added to the tax roll this year.” (Ordinance 2012-04-18(A), sec. 10, adopted 4/18/12)

State law reference–Proposed budget filed with municipal clerk and public inspection, V.T.C.A., Local Government Code, sec. 102.005.

 Sec. 1.08.046     Public inspection

The budget filed with the city secretary shall be available for inspection by any taxpayer during city business hours. The city secretary shall take action to ensure that the proposed budget is posted on the website. (Ordinance 2012-04-18(A), sec. 11, adopted 4/18/12)

 Sec. 1.08.047     Public hearing on proposed budget

A public hearing shall be held on the proposed budget. Any person may attend and may participate in the hearing. The hearing shall be held on a date occurring after the 15th day after the date the proposed budget is filed with the city secretary but before the date the city council makes its tax levy. Public notice of the date, time, and location of the public hearing will be provided. Notice of every public hearing relating to a proposed budget shall be published in the Westlake Picayune not earlier that the 30th day nor later than the 10th day before the date of the public hearing. Every notice of a public hearing relating to the proposed budget must include, in type size at least equal to the type size used for other items in the notice, any statement required to be included in the proposed budget under section 1.08.045. (Ordinance 2012-04-18(A), sec. 12, adopted 4/18/12)

State law references–Public hearing on proposed budget, V.T.C.A., Local Government Code, sec. 102.006; approved budget filed with municipal clerk, V.T.C.A., Local Government Code, sec. 102.008.

 Sec. 1.08.048     Adoption of a budget and filing and posting of adopted budget

At the conclusion of a public hearing on a proposed budget, the city council shall take action on the proposed budget. The city council may make any changes to the proposed budget that it considers warranted by the law or by the best interest of city taxpayers. Adoption of a budget that will require raising more revenue from property taxes than in the previous year shall require a separate vote of the city council to ratify the property tax increase reflected in the budget which vote shall be in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by chapter 26, Tax Code, or other law. The budget finally adopted shall be filed with the city secretary and posted on the city’s internet website in accordance with V.T.C.A., Local Government Code, section 102.008. The adopted budget shall be filed with the county clerk.

 Sec. 1.08.049     Strict compliance with budget

The city council may levy taxes only in accordance with the budget. The city council may spend municipal funds only in strict compliance with the budget, except in an emergency. The city council may authorize an emergency expenditure as an amendment to the budget only in a case of grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through use of reasonably diligent thought and attention. If the city council amends the original budget to meet an emergency, the city council shall file a copy of the order or resolution amending the budget with the city secretary, and the city secretary shall attach the copy to the original budget and provide for the filing of a copy of the budget amendment with the county clerk.

(Ordinance 2012-04-18(A), sec. 13, adopted 4/18/12)

 Secs. 1.08.050–1.08.070     Reserved

 Division 3. Community Development Corporation Expenditures

 Sec. 1.08.071     Projects and contracts

All projects of the Rollingwood Community Development Corporation (“RCDC”) must be approved by the city council before the project is undertaken by RCDC; and every contract of RCDC must be approved by the city council before the contract is executed by officers of RCDC or representatives of the city. Approval of projects and written contracts of RCDC shall be made in accordance with the articles of incorporation of RCDC and state law applicable to such projects and contracts, and each such project and contract shall be considered separately for approval by the city council at a public meeting and the approval or disapproval shall be recorded in the minutes of the public meeting at which such approval or disapproval is made. Approval of the annual budget or financial statement of the RCDC shall not constitute city council approval of any RCDC project or expenditures in connection with any project identified in such budget or financial statement. After a written contract has been approved by the city council, expenditures made in accordance with the terms of that contract shall not require additional city council approval.

 Sec. 1.08.072     Expenditures not contained in a contract

(a)     Every program undertaken by the RCDC and every expenditure or payment made by or on behalf of RCDC or in connection with any RCDC project, other than: (1) those made in accordance with a previously approved contract; (2) payments or expenditures of less than one thousand dollars ($1,000.00); or (3) payments or expenditures for park maintenance that is approved in the RCDC budget, must receive prior city council approval by majority vote at a public meeting prior to the same being expended by or on behalf of the RCDC, and such approval or disapproval shall be recorded in the minutes of the public meeting at which such approval or disapproval is made. Approval of the annual budget or financial statement of the RCDC shall not constitute city council approval of any RCDC expenditure in excess of one thousand dollars ($1,000.00) or for the purpose other than authorized park maintenance that is identified in such budget or financial statement.

(b)     Expenditures of less than one thousand dollars ($1,000.00), other than those made in accordance with a previously approved contract, that are approved by the board of directors of the RCDC shall not require additional approval of the city council; provided however, that an expenditure of more than one thousand dollars ($1,000.00) may not be divided into separate, sequential, or component expenditures of less than that amount in order to avoid the necessity of city council approval.

(c)     An expenditure of less than one thousand dollars ($1,000.00) that is approved by the board of directors of the RCDC which subsequently requires RCDC expenditure of more than one thousand dollars ($1,000.00) for the same goods or services due to reasons beyond the control of the RCDC board of directors shall not require approval of the city council.

 Sec. 1.08.073     Expenditures for park maintenance

Expenditures for park maintenance that are authorized by state law to be paid for by the RCDC, and which have been approved by the city council in the budget of the RCDC, shall not require additional city council approval prior to their being expended by the RCDC.

(Ordinance 2010-08-18B adopted 8/18/10)

 ARTICLE 1.09 DISASTER EMERGENCY SERVICES*

 Sec. 1.09.001     Municipal disaster emergency services committee

(a)     The municipal disaster emergency services committee of the city is hereby created. The committee shall consist of the following:

(1)     The mayor, who shall serve as chairman of the committee, and who shall be the municipal disaster coordinator of the city;

(2)     The assistant disaster coordinator of the city, who shall prepare a disaster services plan for the city and exercise such other duties as the coordinator may prescribe. The assistant coordinator shall be appointed by and hold his position at the pleasure of the coordinator. The assistant coordinator shall serve as vice-chairman of the municipal disaster emergency services committee; and

(3)     Representatives not to exceed five (5) in number from all geographical sections of the city, to be selected and appointed by the mayor.

(b)     The powers and duties of the municipal disaster emergency services committee shall include the submission, for adoption by the city council, of a disaster services plan for the city, and mutual aid plans and agreements deemed essential for the implementation of the disaster services plan. Additionally, the committee shall conduct a survey of the availability of existing personnel, equipment, supplies and services for use during an emergency, and study, on a continuing basis, the need for amendments and improvements in the disaster services plan adopted by the city council.

(c)     The disaster emergency services committee of the city shall meet upon the call of either the chairman or vice-chairman.

(1987 Code, ch. 5, subch. F, sec. 1)

 Sec. 1.09.002     Disaster emergency services council; participation in county-wide program

The mayor is authorized to join with the county judge and the mayors of the other cities in the county in the formation of a disaster emergency services council for the county, and is authorized to cooperate in the formation of a disaster services plan for the county, to participate in the appointment of a disaster director for the county, and to exercise all other powers necessary to participate in a county-wide program of disaster services, insofar as said program may affect the city. (1987 Code, ch. 5, subch. F, sec. 2)

 Sec. 1.09.003     Municipal disaster coordinator

(a)     The office of municipal disaster coordinator is created. The coordinator is authorized to request the declaration of the existence of an emergency by the city council or higher authority. If it becomes necessary to declare the existence of an emergency without delay, the coordinator may, if the city council is not in session, do so, but his action shall be subject to confirmation by the city council at its next meeting.

(b)     The municipal disaster coordinator shall:

(1)     Direct the training activities and other operations of the city’s disaster services organization;

(2)     Determine all questions of authority and responsibility that may arise within the disaster services organization of the city;

(3)     Maintain liaison with other disaster services organizations;

(4)     Marshal, after declaration of an emergency, all necessary personnel, equipment or supplies from any department of the city to aid in carrying out the disaster services plan;

(5)     Issue reasonable rules, regulations or directives necessary for the protection of life and property in the city. Such rules and regulations shall be filed in the office of the city secretary and shall publicized unless publicity will be of aid and comfort to the enemy;

(6)     Issue all necessary proclamations as to the existence of an emergency and the immediate implementation of the disaster services plan;

(7)     Supervise the preparation and execution of mutual aid agreements in cooperation with the representatives of the state or other localities, and preparation and execution, if deemed desirable, of an agreement with the county, and with other municipalities within the county, for the county-wide coordination of efforts in disaster services;

(8)     Supervise and authorize the procurement of necessary supplies and equipment, including acceptance of private contributions; and

(9)     Authorize agreements, after approval of the city council, for the use of private property for public shelter and other purposes.

(1987 Code, ch. 5, subch. F, sec. 3)

 Sec. 1.09.004     Operational disaster services organization

The operational disaster services organization of the city shall consist of the officers and employees of the city designated by the municipal disaster coordinator, as well as volunteer municipal workers. The functions and duties of this organization shall be allocated among such divisions, services and special staff as the city council shall prescribe by resolution or the municipal disaster coordinator shall prescribe by directive. Any such resolution or directive shall set forth the form of the organization and establish and designate divisions and services. Insofar as possible, the form of the organization, titles and terminology shall conform to the recommendations of the state division of emergency management and the federal government. (1987 Code, ch. 5, subch. F, sec. 4)

 Sec. 1.09.005     Oath of personnel

Each person serving as a member of the municipal disaster emergency services committee, or as an officer, employee or volunteer in any capacity in the municipal disaster services organization, shall, prior to assuming his duties, take the following oath:

I, ____________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Texas, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member or an affiliate of any political party or organization, group or combination of persons that advocate the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the Municipal Disaster Emergency Services Committee of the City of Rollingwood, I will not advocate nor become a member or an affiliate of any organization, group, or combination of persons or of any political party that advocates the overthrow of the government of the United States by force or violence.

(1987 Code, ch. 5, subch. F, sec. 5)

 Sec. 1.09.006     Unauthorized operation of warning device

Any unauthorized person who operates 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. (1987 Code, ch. 5, subch. F, sec. 6)

 Sec. 1.09.007     Override; conflicts with other laws or regulations

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

(b)     This article shall not be construed so as to conflict with any valid state or federal statute or with any valid military or naval order, rule or regulation.

(1987 Code, ch. 5, subch. F, sec. 7)

 Sec. 1.09.008     Exemption from 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, nor the agents and representatives of the city, nor any person, 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 or privilege or otherwise permits the city to inspect, designate and use the whole or any part of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack 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. (1987 Code, ch. 5, subch. F, sec. 8)

 Sec. 1.09.009     Expenditure of public funds

No person may expend any public funds of the city in carrying out any disaster services activity authorized by this article without prior approval by the city council, nor may any person bind the city by contract, agreement or otherwise without prior and specific approval of the council. (1987 Code, ch. 5, subch. F, sec. 9)

 Sec. 1.09.010     Offenses; penalty

It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the disaster services 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. 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 disaster services organization of the city, unless authority to do so has been granted to such person by the proper officials. Conviction for violations of the provisions of this article shall be punishable by the municipal court, by a fine not to exceed $500.00. (1987 Code, ch. 5, subch. F, sec. 10)

 ARTICLE 1.10 PARKS AND RECREATION*

 Division 1. Generally

 Secs. 1.10.001–1.10.030     Reserved

 Division 2. Park Commission

 Sec. 1.10.031     Creation; membership; purpose

(a)     There is hereby created a park commission consisting of seven members who are residents of the city.

(b)     The purpose of the park commission shall be to implement the improvements approved in the Rollingwood Park master plan by:

(1)     Coordinating fundraising efforts;

(2)     Prioritizing improvements;

(3)     Making recommendations to the city council;

(4)     Maintaining minimum standards for capital improvements; and

(5)     Overseeing enforcement of the city’s lease agreement with the Little League.

(1987 Code, ch. 8, subch. B, sec. 1)

 Sec. 1.10.032     Appointment of members; officers

(a)     Members of the commission shall be appointed by the city council.

(b)     The commission may have a single chairperson or two co-chairpersons. The chairperson or co-chairpersons of the commission shall be elected by majority vote of the members of the commission. The chairperson or co-chairpersons shall serve a term of one year, commencing on January 1 and ending on December 31, except that upon expiration of their term the chairperson or co-chairpersons shall continue to serve until their successor(s) is/are elected.

(Ordinance 2011-03-09(A) adopted 3/9/11)

 Sec. 1.10.033     Term of members

Each member of the commission shall serve a two-year term, commencing on January 1 and ending December 31 of the following year, except that, upon expiration of their terms, members of the commission shall continue to serve until their successors are appointed and qualified. (1987 Code, ch. 8, subch. B, sec. 3)

 Sec. 1.10.034     Filling of vacancies

Any vacancy on the commission shall be filled by the city council for the unexpired term of the member whose position becomes vacant. (1987 Code, ch. 8, subch. B, sec. 4)

 Sec. 1.10.035     Serving subsequent terms

Upon completion of terms, commission members may elect to continue to serve a subsequent term with the approval of the city council. (1987 Code, ch. 8, subch. B, sec. 5)

 Sec. 1.10.036     Removal of members

(a)     A member of the park commission may be removed from office by the city council for just cause and upon written charges.

(b)     Upon request of the person against whom removal proceedings are pending, a public hearing shall be conducted to determine the merits of the written charges submitted.

(1987 Code, ch. 8, subch. B, sec. 6)

 Sec. 1.10.037     Meetings

(a)     Meetings of the commission shall be held at the call of the chairperson and at such other times as the commission may determine.

(b)     Meetings of the commission shall comply with the provisions of chapter 551, Texas Government Code, commonly referred to as the Open Meetings Act, including posting notices and agendas so as to adequately inform the public of the time, location and substance of business to be undertaken. Meetings closed to the public or executive sessions are normally not appropriate for the commission and will not be conducted without the advice and consent of the city attorney.

(1987 Code, ch. 8, subch. B, sec. 7)

 Sec. 1.10.038     Rules of procedure

(a)     The commission shall adopt rules necessary to the conduct of its affairs and shall furnish a copy of such rules to the city council. Rules adopted by the commission shall be consistent with the provisions of this division.

(b)     All orders and other enactments adopted by the commission shall be in accordance with its rules and regulations.

(1987 Code, ch. 8, subch. B, sec. 8)

 Sec. 1.10.039     Powers and duties

(a)     The commission shall keep minutes of its proceedings, showing the vote of each member upon each question or, if a member is absent or fails to vote, indicating such fact, and shall keep records of all revenues and expenditures associated with the development and upkeep of all city-owned parks. Copies of the minutes of all commission meetings shall be forwarded to the city council promptly upon their approval.

(b)     The commission shall advise the city council on park-related matters, conduct hearings, make recommendations and perform such other duties required by law or this division or as may be assigned to the commission from time to time by the city council.

(c)     The commission shall conduct negotiations with appropriate parties regarding any lease agreements or other maintenance or capital improvements contracts. All lease agreements and contracts shall be subject to approval by the city council.

(d)     The commission shall be authorized to participate in and coordinate fundraising and expenditures with respect to parks in the city. The commission will also be responsible for submitting periodic reports to the city council.

(1987 Code, ch. 8, subch. B, sec. 9)

 Secs. 1.10.040–1.10.070     Reserved

 Division 3. Park Regulations

 Sec. 1.10.071     Definitions

As used in this division the following terms shall have the following meanings:

City park facility. Any area or improvement located in or on city park property.

City park property. Rollingwood Park and the park located on the municipal building property.

Commercial use. Use of city park property or city park facility for a program or activity for which a fee is charged by the sponsor or provider, other than the city, of the program or activity.

Motor vehicle. A vehicle propelled by a motor.

Municipal building property. Community Plaza, Lot A, recorded in Plat Book 68, page 17, plat records of Travis County, Texas.

(Ordinance 2011-11-16(C) adopted 11/16/11)

Pocket bike and minimotorbike. Vehicles that are defined as provided in section 12.06.001 of this code. (Ordinance 2017-05-17(B), sec. 2, adopted 5/17/17)

Rollingwood Park. Lot 1, Hatley Park Subdivision, a subdivision in the city, as shown on the plat recorded in Plat Book 91, pages 273–274, plat records of Travis County, Texas.

Vehicle. A motor vehicle, bicycle, trailer, or other device moved on wheels.

(Ordinance 2011-11-16(C) adopted 11/16/11)

 Sec. 1.10.072     Penalty

Any person who violates any provision of this division will be guilty of a misdemeanor and, upon conviction, will be subject to a fine not to exceed $500.00. Each day of such violation will constitute a separate offense. This penalty will be cumulative and not exclusive of any other rights or remedies the city may have. (1987 Code, ch. 8, subch. A, sec. 25)

 Sec. 1.10.073     Posting of rules

The city may prescribe and develop specific rules and regulations that address issues specific to a park facility. These rules will be clearly posted for public view. Signs or markers placed on any city park facility by the employees or agents of the city will constitute evidence that they were installed under the authority of law. All persons must comply with the instructions provided by these signs and markers. (1987 Code, ch. 8, subch. A, sec. 24)

 Sec. 1.10.074     Hours of use

The general curfew for city park property is from dusk to dawn. Organized sports activities or other group outdoor activities are not permitted on city park property before 8:30 a.m. (1987 Code, ch. 8, subch. A, sec. 2)

 Sec. 1.10.075     Lighting

Any outdoor lighting on city park property must be no higher than 12 feet above ground level, directed downward, and focused so as to avoid casting light toward adjacent residential areas. (1987 Code, ch. 8, subch. A, sec. 3)

 Sec. 1.10.076     Scheduling of use; availability of facilities for public use; commercial use permit

(a)     Public and private use of park facilities. Scheduling the use of city park property is within the sole discretion of the city council or its designee. City park facilities that are not otherwise scheduled for use are available for public use on a “first-come, first-served” basis; however, access may be limited to certain areas that are leased or reserved for private use or that require the payment of entrance fees, permit fees, or other user fees.

(b)     Commercial use of park facilities. No person shall use a park facility or park property for a commercial use without first obtaining a permit therefor issued by the city.

(1)     Application for a permit shall be submitted to the city secretary or city administrator on a form promulgated by the city. An applicant shall disclose in the permit application the applicant’s name and address for notice purposes, the intended use or activity, the requested date(s) and time(s) of the proposed use, and the anticipated number of participants. Proof of commercial general liability insurance covering the event or activity with a minimum of $1,000,000.00 coverage per occurrence naming the city as an additional insured shall be included with the application. No permit shall be issued until the applicable permit fee has been paid.

(2)     At the time an application for a permit is submitted, a commercial user proposing to provide any fitness, athletic, or exercise training or instruction shall provide proof of certification in first aid and CPR issued by an accredited or generally recognized organization that provides such certification for each person who will provide the proposed training or instruction.

(3)     A permit issued for a commercial use may include specific terms and conditions applicable to the use. A commercial use permit holder shall at all times comply, and shall, cause all those participating in the permit holder’s activity to comply, with all terms and conditions included in the permit, all applicable rules and regulations promulgated by the city, and the provisions of this division. In addition to the penalty for a violation provided in this division, a permit may be revoked in the event of a violation of term and condition included in the permit, any applicable rule and regulation promulgated by the city, or any provision of this division. Notice of a revocation of a permit shall be effective immediately when forwarded to the address listed in the permit application submitted by the permit holder.

(Ordinance 2011-11-16(C) adopted 11/16/11)

 Sec. 1.10.077     Maximum public use limit

The city may establish a maximum public use limit for any city park area or facility. These limits will be posted for public information. (1987 Code, ch. 8, subch. A, sec. 5)

 Sec. 1.10.078     Assemblies or demonstrations

No person may conduct or participate in an assembly or public demonstration within city park property, except with the written permission of the city, unless the assembly or demonstration does not interfere with the use of the property by the general public. (1987 Code, ch. 8, subch. A, sec. 6)

 Sec. 1.10.079     Closed or restricted areas

(a)     The city may close any city park facility to public entry and use, or may restrict the use of any area, for any of the following reasons:

(1)     To ensure the public health, safety and welfare;

(2)     To facilitate the development, construction, or management of a park facility;

(3)     To protect the environment and other natural resources; or

(4)     To provide for the security, safety, preservation, or restoration of any property or facilities.

(b)     The city will use reasonable efforts to post prior public notice of any closure or use restriction; however, prior notice is not required in the event of an emergency.

(c)     The notice may specify persons who may enter the closed or restricted area for official city purposes.

(1987 Code, ch. 8, subch. A, sec. 7)

 Sec. 1.10.080     Disruptive, destructive or violent conduct

Disruptive, destructive, or violent conduct that endangers property, persons or animals or interferes with the orderly use of city park property is not permitted. The city police may remove any person whose conduct violates this section from city park property. (1987 Code, ch. 8, subch. A, sec. 8)

 Sec. 1.10.081     Firearms and other weapons

(a)     Park patrons must not carry or possess a firearm while within any city park property or facility, except an official or agent of the city or a peace officer in discharge of his official duties.

(b)     No person may discharge a firearm, crossbow, bow and arrow, air or gas weapon, sling, slingshot or any other device capable of injuring or killing any person or animal or damaging or destroying property across, in or on any city park property or facility, except for a peace officer in discharge of his official duties.

(c)     No park patron may display a firearm or weapon at any city park facility in a threatening or alarming manner.

(d)     A sign will be posted at each entrance to city park property prohibiting the carrying or discharge of any handgun or other firearm as follows: “POSSESSION OR DISCHARGE OF HANDGUNS OR OTHER FIREARMS WITHIN ROLLINGWOOD PARK IS PROHIBITED. VIOLATORS MAY BE PROSECUTED UNDER SECTION 30.05 OF THE TEXAS PENAL CODE.”

(1987 Code, ch. 8, subch. A, sec. 9)

 Sec. 1.10.082     Injuring or disturbing wildlife

All wildlife within the boundaries of city park property is protected. No person may harm, harass, disturb, confine, catch, possess or remove any animal or bird, except upon written approval of the city for scientific, educational or investigative purposes. (1987 Code, ch. 8, subch. A, sec. 10)

 Sec. 1.10.083     Injuring or disturbing plant life

All plant life within the boundaries of any city park facility is protected. No person may mutilate, injure, destroy or remove any trees, shrub, vine, wildflower, or other plant, except upon approval by the city for scientific, educational, maintenance and investigative purposes. This section does not apply to:

(1)     An employee or agent of the city in conjunction with the discharge of their duties; or

(2)     A lessee of a city park facility, or its agents, employees or contractors, in conjunction with authorized park maintenance.

(1987 Code, ch. 8, subch. A, sec. 11)

 Sec. 1.10.084     Damaging property

No person may deface, vandalize, damage or destroy any natural or artificial improvement within any city park property. (1987 Code, ch. 8, subch. A, sec. 12)

 Sec. 1.10.085     Animals

(a)     Except as provided in section 2.01.010 of this code, park patrons are not permitted to bring onto or possess at any city park facility a pet or other animal unless the pet or other animal is kept under restraint at all times through confinement or use of a leash or lead. Voice control shall not be deemed to be a means of confinement under this section. Park patrons are not permitted to bring into or possess a pet or other animal at any area designated by the city as a pet-free area. (Ordinance 2017-05-17(A), sec. 2, adopted 5/17/17)

(b)     Park patrons must not permit a pet or other animal to remain unattended or create a disturbance or hazard at any city park facility.

(c)     All park patrons must pick up, remove from city park property and properly dispose of any animal waste produced by their pets while on city park property.

(1987 Code, ch. 8, subch. A, sec. 13)

 Sec. 1.10.086     Fires, smoking, firewood and fireworks

(a)     No person may light, build, or maintain a fire on any city park property unless authorized by the city in advance.

(b)     Portable camp stoves or portable barbecue grills of metal construction may not be used on city park property unless authorized by the city in advance.

(c)     Upon a posted finding of extreme fire hazard by the city, no person may smoke or build fires in areas other than those designated by the city. This may include the complete prohibition of any fires or smoking at any city park facility in order to prevent possible wildfires.

(d)     No person may cut, gather, or collect wood or other combustible material on any city park property for use as firewood or fuel, except for material designated for this purpose by the city.

(e)     For the protection of persons or property, no person may possess a sparkler, firecracker, torpedo, rocket, firework, explosive, or similar device capable of explosion at any city park facility, nor shall a person discharge, set off or cause to be discharged any such device or substance in or into a city park facility, except with written authorization from the city.

(Ordinance 2011-06-15 adopted 6/15/11)

 Sec. 1.10.087     Camping

No person may camp on any city park property. (1987 Code, ch. 8, subch. A, sec. 15)

 Sec. 1.10.088     Vehicles restricted to designated areas

No person may operate a vehicle on or through any city park property except on roads, driveways, parking areas and other areas designated for vehicles; however, city personnel and agents may operate service vehicles in other areas while engaged in authorized activities. No pocket bike or minimotorbike may be operated upon any sidewalk, pedestrian walkway, playground, or other area of any property owned or maintained by the city as a park or greenspace, including any access drives and parking lots in or adjacent thereto. (Ordinance 2017-05-17(B), sec. 3, adopted 5/17/17)

 Sec. 1.10.089     Parking of vehicles

(a)     No person may park or cause to be parked any vehicle at any city park facility, except in designated parking areas, without written authorization from the city.

(b)     The city may establish areas for authorized parking in addition to those areas designed and constructed for that purpose; limit the time for parking, storing or leaving vehicles in any parking area; and install signs to inform the public of these limitations.

(c)     Any vehicle parked in such a manner as to create a hazardous or unsafe condition may be removed to a safe place or impounded by the city.

(1987 Code, ch. 8, subch. A, sec. 17)

 Sec. 1.10.090     Trail use

(a)     No person may operate or use a vehicle in any city park facility on a trail or path not designated for that use, except city personnel engaged in park maintenance, or emergency vehicles in cases of necessity or emergency.

(b)     On any hike-and-bike trails, right-of-way will be yielded by the greater power to the lesser power (i.e., bicyclists will yield to joggers and joggers will yield to walkers).

(c)     Pedestrians using any hike-and-bike trail will not stand, walk or run more than two abreast when this action will impede traffic on the trail. Trail users must make every effort to leave ample room on the trail for others to pass safely.

(d)     Bicyclists using any hike-and-bike trail must not ride more than two abreast when this action will impede traffic on the trail. Bicyclists must operate their vehicles in a safe and prudent manner and must make every effort to ensure ample room is left on the trail for others to pass safely.

(1987 Code, ch. 8, subch. A, sec. 18)

 Sec. 1.10.091     Alcoholic beverages

It is unlawful to possess, consume, sell, distribute, or display alcoholic beverages of all types and kinds on any city park facility or area, except by written authority of an approved concession contract, special event contract, or permit properly issued by the city. (1987 Code, ch. 8, subch. A, sec. 19)

 Sec. 1.10.092     Glass containers

It is unlawful to possess, use, or distribute glass containers of all types and kinds on any city park property; however, the following glass containers are exempted from this prohibition:

(1)     Glass-lined vacuum bottles and glass-lined picnic beverage coolers;

(2)     Baby bottles or baby food jars containing products for consumption by a baby; and

(3)     Drug glass containers containing over-the-counter or prescribed drugs.

(1987 Code, ch. 8, subch. A, sec. 20)

 Sec. 1.10.093     Golfing

Park patrons may not practice golf on any city park property. (1987 Code, ch. 8, subch. A, sec. 21)

 Sec. 1.10.094     Batting

Park patrons may only practice batting within fenced areas of the athletic fields in Rollingwood Park, and all balls must be batted either away from home plate areas or away from residential areas. (1987 Code, ch. 8, subch. A, sec. 22)

 Sec. 1.10.095     Littering

No person may deposit paper, glass, litter or any other trash or debris on any city park property, except in receptacles provided for trash disposal. (1987 Code, ch. 8, subch. A, sec. 23)

 ARTICLE 1.11 CAPITAL IMPROVEMENTS PLAN

 Sec. 1.11.001     Adoption of plan

The city council shall establish, adopt, and maintain a capital improvements plan that lists all capital improvements projects that are approved for the current fiscal year and for the five years following the current fiscal year.

 Sec. 1.11.002     Definition

For the purpose of this article, “capital improvements project” shall mean a new or expanded physical facility, as opposed to equipment or services that prudent management defines as routine maintenance or repair or operating budget items financed out of current revenue resources. The term shall include new construction of physical facilities intended for long-term usefulness and permanence; renovation, remodeling, major repair, or major maintenance of an existing facility; a major landscape improvement; land or one-time major equipment purchase; utility, street, or public park modification that affects numerous residences, businesses, or citizens; or other improvement that enhances the usefulness, productivity, or life expectancy of a new or existing city facility. Any question regarding the identity of a particular project as a capital improvements project shall be decided by majority vote of the city council.

 Sec. 1.11.003     Approved capital improvements projects list

The capital improvements plan shall include a list of all capital improvement projects that have been approved by majority vote of the council for construction, establishment, or accomplishment during the current fiscal year or in any one or more of the five fiscal years following the current year. Each such project shall be identified as either an:

(1)     Approved project with an identified source of funding; or

(2)     Approved project without an identified source of funding.

 Sec. 1.11.004     Unscheduled project list

The capital improvements plan shall also include an unscheduled project list (UPL) that consists of proposed capital improvements projects that have not been approved for construction, establishment, or accomplishment by the city council.

 Sec. 1.11.005     Placement of projects on a list

(a)     A proposed capital improvement project may be placed on the UPL by any of the following:

(1)     The mayor;

(2)     Any councilmember; or

(3)     Majority vote of a board or commission established by ordinance, including the city community development corporation.

(b)     A capital improvement project (including a project proposed by a board or commission) may be placed directly on the list of approved projects or moved from the UPL to the list of approved projects only by majority vote of the city council.

 Sec. 1.11.006     Identification and funding of capital improvements projects

(a)     Identification or funding for an approved project (including a project proposed by a board or commission) may be established or changed only by majority vote of the city council.

(b)     The city council may revise the capital improvements plan, including adding or deleting projects from the UPL, at any time by majority vote.

 Sec. 1.11.007     Budgeting of projects

Only capital improvements projects approved by the city council for construction, establishment, or accomplishment in a particular fiscal year may be included in the budget or a budget amendment adopted by either the city or the city community development corporation for that fiscal year.

 Sec. 1.11.008     Annual review or revision of capital improvements plan

The capital improvements plan shall be reviewed and may be revised or updated no less than once each fiscal year during the period when the operating budget for the subsequent fiscal year is being considered by the city council.

(Ordinance 2010-01-20 adopted 1/20/10)