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 Robstown, 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 Robstown, 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.

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

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the 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.

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

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).

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.

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.

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.

(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 or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the code. The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages 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 or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor or whenever in this code or such ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00).

(b)     A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation, including the dumping of refuse, may not exceed two thousand dollars ($2,000.00).

(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.

   Sec. 1.01.010     Credit card payment and fees

(a)     Establishment of processing or handling fee. Whenever in this code or in any ordinance of the city a fee, fine or penalty is established, the city may accept credit card payments for any and all fees, fines or penalties owed to the city. A processing or handling fee of three percent (3%) is hereby established to be charged by the city at the point of sale for processing or handling each time a credit card is used to pay a utility bill. For the purposes of this section, a utility bill includes those charges commonly found on a city utility bill, including but not limited to charges associated with water, sewer, trash and optional donations. A processing or handling fee up to five percent (5%) is hereby established to be charged by the city at the point of sale for processing or handling each time a credit card is used to pay all other municipal fees, fines, court costs or other charges.

(b)     Establishment of service charge. A service charge in an amount equivalent to that charged for the collection of a check drawn on an account with insufficient funds is hereby established to be charged by the city if, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn.

(Ordinance 1097 adopted 12/21/20)

   ARTICLE 1.02 ADMINISTRATION*

   Division 1. Generally

   Sec. 1.02.001     Code enforcement team

(a)     Creation; adoption of standard operating procedures.

(1)     The city, as a home-rule municipality, has full power of local self-government under the state constitution and law, the city charter and the Texas Local Government Code, and may adopt and enforce an ordinance to protect the health, safety and welfare of its citizens, and the enforcement of the city's fire, health, building, life, safety and welfare are within the legitimate home-rule authority of the city.

(2)     Whereas the city council is concerned about the general welfare of this community and to ensure that residential as well as commercial structures within the city, not excluding residential and commercial structures located within the city's ordinance and codes [sic], it is therefore deemed essential to the public welfare that the city council adopt the plan creating the city's code enforcement team (“code team”) and further adopt the code team's standard operating procedures.

(b)     Implementation. The city council is hereby authorized and directed to implement the applicable provisions of this section upon the city council's determination that such implementation is necessary to protect the public welfare and safety.

(c)     Area of applicability. The provisions of this section shall apply to all persons residing within the city or residing within the city's extraterritorial jurisdiction (ETJ) and to all businesses located within the city or within the city's extraterritorial jurisdiction (ETJ).

(Ordinance 920, secs. 1, 2, adopted 8/11/97)

State law reference–Code enforcement officers, V.T.C.A., Occupations Code, ch. 1952.

   Secs. 1.02.002–1.02.030     Reserved

   Division 2. Claims Against City*

   Sec. 1.02.031     Written notice required

The city shall never be liable for any claim for property damage or for personal injury, whether such personal injury results in death or not, unless the person damaged or injured, or someone in his behalf, or, in the event the injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within one hundred eighty days from the date the damage or injury was received, give notice in writing to the mayor and city council of the following facts:

(1)     The date and time when the injury occurred and the place where the injured person or property was at the time when the injury was received.

(2)     The nature of the damage or injury sustained.

(3)     The apparent extent of the damage or injury sustained.

(4)     A specific and detailed statement of how and under what circumstances the damage or injury occurred.

(5)     The amount for which each claimant will settle.

(6)     The actual place of residence of each claimant by street, number, city and state on the date the claim is presented.

(7)     In the case of personal injury or death, the names and addresses of all persons who, according to the knowledge or information of the claimant, witnessed the happening of the injury or any part thereof and the names of the doctors, if any, to whose care the injured person is committed.

(8)     In the case of property damage, the location of the damaged property at the time the claim was submitted along with the names and addresses of all persons who witnessed the happening of the damage or any part thereof.

(Ordinance 834, sec. 1, adopted 3/12/90; Ordinance adopting Code)

   Sec. 1.02.032     Refusal by council required prior to suit

No suit of any nature whatsoever shall be instituted or maintained against the city unless the plaintiff therein shall aver and prove that previous to the filing of the original petition the plaintiff applied to the city council for redress, satisfaction, compensation, or relief, as the case may be, and that the same was by vote of the city council refused. (Ordinance 834, sec. 2, adopted 3/12/90)

   Sec. 1.02.033     Service of notice

All notices required by this division shall be effectuated by serving them upon the city secretary at the following location: City Hall, 430 East Main Street, Robstown, Texas 78380, and all such notices shall be effective only when actually received in the office of the person named above. (Ordinance 834, sec. 3, adopted 3/12/90)

   Sec. 1.02.034     Waiver of notice requirements

The above-written notice requirements shall be waived if the city has actual knowledge of death, injury or property damage likely to result in a claim against the city. The city shall not be deemed to have actual knowledge unless that knowledge is attributable to an appropriate city official whose job duties include the authority to investigate and/or settle claims against the city. (Ordinance 834, sec. 4, adopted 3/12/90)

   Sec. 1.02.035     Notice to be sworn

The written notice required under this division shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required herein shall not render the notice fatally defective, but failure to so verify the notice may be considered by the city council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein. (Ordinance 834, sec. 5, adopted 3/12/90)

   ARTICLE 1.03 CITY COUNCIL*

   Sec. 1.03.001     Place system for election of councilmembers

(a)     All councilmembers of the city shall, after the date of this section, be elected under a place system. Each council place shall be elected at large.

(b)     The councilmember places shall be designated as follows: City Council Member, Place 1; City Council Member, Place 2; City Council Member, Place 3; City Council Member, Place 4; City Council Member, Place 5; City Council Member, Place 6.

(c)     City Council Member, Place 1 and City Council Member, Place 2, and the mayor, having previously been elected to the position of city council in the May 2, 1998 election, terms will expire in May 2001. City Council Member, Place 3, City Council Member, Place 4, City Council Member, Place 5, and City Council Member, Place 6, shall be elected at the May 1, 1999 election and shall serve a two-year term.

(d)     Each candidate for election to the city council shall file for, and stand for election for, a specific council place according to his designation as stated in subsection (b) of this section.

(e)     At each election for city council members, each place which is then up for electing, and the candidates for that place, shall be listed on the ballot separately by the place names designated in subsection (b) of this section and in accordance with the Texas Election Code.

(Ordinance 949, secs. 1–5, adopted 3/17/99)

Charter reference–Council membership and terms, art. II, sec. 1.

   ARTICLE 1.04 CITY OFFICERS*

   Division 1. Generally

   Secs. 1.04.001–1.04.030     Reserved

   Division 2. City Secretary

   Sec. 1.04.031     Powers and duties

The city secretary shall be an administrative officer of the city and shall be responsible to the city council for the proper administration of all city matters. In fulfilling that administrative responsibility, the city secretary shall, in fulfilling the responsibilities of city secretary as required by the city charter and the city council the city secretary shall:

(1)     See that all state laws and city ordinances are effectively enforced.

(2)     Prepare any and all documents requested by mayor or shall delegate this task to city staff.

(3)     Hire, suspend, or remove department heads, except city council appointed department heads, in accordance with the city's established policies and procedures.

(4)     Attend all city council meetings unless excused by the council.

(5)     Prepare the annual budget, with the assistance of the city finance department, city staff, and department heads.

(6)     Be responsible for the administration of the budget after its adoption.

(7)     Prepare and submit to the city council a quarterly report on the finances and administrative activity of the city for the preceding year.

(8)     Submit to the city council a monthly budget report, keep the council informed regarding the city's financial condition and future needs and make financial recommendations.

(9)     Coordinate the submission of the reports concerning the operation of city departments, offices, and agencies, as required by the city council.

(10)     Serve as officer for public records in accordance with the Texas Open Records Act, chapter 552, Government Code, and the custodian of records under the Local Government Records Act, subtitle C, title 6, Local Government Code.

(11)     Perform other duties set out in the city secretary's job description in the city charter, and the city's established policies and procedures.

(12)     Inform the city council of daily events and/or meetings pertaining to the city activities, excluding daily administrative activities.

(13)     Shall not discuss or communicate any pending matters to the media unless first cleared by the city attorney/special legal counsel.

(Ordinance 1089 adopted 1/21/20)

   Sec. 1.04.032     Acting city secretary

If for any reason the city secretary is absent from the city or unable to perform the duties of his or her office, the city's administrative assistant shall act as interim city secretary, and during such absence or disability shall perform the duties of the city secretary. The administrative assistant shall act as interim city secretary and perform the duties of the city secretary only for the duration of such absence or disability, and upon the return of the city secretary or the city council's appointment of a new city secretary as provided in the city charter such administrative assistant shall continue in his or her original position, unless such administrative assistant becomes the city secretary. (Ordinance 964, sec. 1(c), adopted 9/11/00)

   Secs. 1.04.033–1.04.060     Reserved

   Division 3. City Marshal

   Sec. 1.04.061     Office created; establishment of office

(a)     Creation. The office of marshal for the city is hereby created. A city marshal shall serve as a municipal officer in the office.

(b)     Appointment. The city marshal shall be appointed by majority vote of the city council.

(c)     Qualifications. The city marshal shall be a state peace officer and have full police authority in the exercise of assigned duties. The city marshal shall meet all qualifications necessary to be certified and licensed as a peace officer by the Texas Commission on Law Enforcement Officer Standards and Education.

(d)     Term. The city marshal shall serve at the pleasure of the city council.

(e)     Removal. The city marshal, as a municipal officer, may be removed in accordance with the provisions of section 22.077 of the Local Government Code.

(f)     Reporting. The city marshal shall report to the city council at its regular monthly meetings and to the mayor as needed.

(g)     Deputies. The city marshal may appoint qualified persons as deputy city marshals under the authorization by and with the approval of city council. Deputy marshals are employees of the city rather than municipal officers.

   Sec. 1.04.062     Duties

The city marshal, and duly authorized deputies, shall perform the following duties:

(1)     Serve as a peace officer pursuant to the Texas Code of Criminal Procedure, to enforce the criminal laws of the state, and the ordinances and regulations of the city within the city limits;

(2)     Assist the municipal court of the city, upon creation and establishment, in the operation of its functions;

(3)     Serve as peace officer for the municipal court;

(4)     Serve as court bailiff in the municipal court;

(5)     Execute warrants of arrest, subpoenas and other legal processes issuing out of municipal court;

(6)     Enforce all codes and ordinances of the city;

(7)     Issue citations for code enforcement upon information from the building official and/or code enforcement official; and

(8)     Other duties as assigned, such duties not to be in conflict with provisions of this section.

(Ordinance 1068, att. A, adopted 10/17/16)

   ARTICLE 1.05 BOARDS, COMMISSIONS AND COMMITTEES

   Division 1. Generally

   Secs. 1.05.001–1.05.030     Reserved

   Division 2. Planning Commission*

   Sec. 1.05.031     Created; membership; compensation of members

There is hereby created and established within and for the city a planning board to be known as the city planning commission, and composed of seven (7) members whose offices are hereby created. The members of the planning commission shall be resident citizens, taxpayers and qualified voters of the city, all of whom shall be appointed by the city council to serve for terms of six (6) years. All vacancies which may occur, either by death or resignation, shall be filled by appointment by the city council, such appointment to be for the remaining term of the member who has resigned or whose position has been vacated. All vacancies occurring by reason of the expiration of a term shall also be filled by appointment by the city council. The members of such commission shall serve without compensation. (1964 Code, sec. 2-1)

   Sec. 1.05.032     Rules, regulations and bylaws; meetings; officers

The city planning commission, subject to the approval of the city council, shall make rules and regulations and adopt such bylaws for its own government and designate such time and places for holding meetings as it deems proper. The chairman and secretary shall be elected from the members of the commission and by the members of the commission. Four (4) members shall constitute a quorum for the transaction of business. (1964 Code, sec. 2-2)

   Sec. 1.05.033     Powers and duties

The planning commission shall have power and it shall be its duty to determine upon and make recommendations to the city council on the city plan; to make studies and project plans for the improvement of the city with a view to its future development and extension; to act with other municipal and governmental agencies in formulating and executing common plans of development; to select and recommend routes for streets and boulevards, and particularly to investigate and recommend the opening, widening or abandoning of streets, or the changing thereof to conform with a system of boulevards, parks and parkways; to consider and report the layout or platting of new subdivisions of the city or of territory adjacent to or near the city; to locate and to recommend plans for a civic center; to recommend plans for improving and beautifying the parkways and to cooperate with the city council in its devising and selection of public parks, parkways, playgrounds and other places for public recreation; to suggest plans for zoning the city; and generally to give consideration to and to file recommendations with the city council for the development and advancement of the city's physical layout and appearance. (1964 Code, sec. 2-3)

   ARTICLE 1.06 RECORDS MANAGEMENT*

   Sec. 1.06.001     Definition of city records

All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information-recording media, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the city or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the city and shall be created, maintained, and disposed of in accordance with the provisions of this article or procedures authorized by it and in no other manner. (Ordinance 890, sec. 1, adopted 12/13/93)

   Sec. 1.06.002     Additional definitions

Department head. The officer who by ordinance, order, or administrative policy is in charge of an office of the city that creates or receives records.

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

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

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

Records liaison officers. The persons designated under section 1.06.010 of this article.

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

Records management committee. The committee, if any, established in section 1.06.006 of this article.

Records management officer. The person designated in section 1.06.005 of this article.

Records management plan. The plan developed under section 1.06.007 of this article.

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

(Ordinance 890, sec. 2, adopted 12/13/93)

   Sec. 1.06.003     City records declared public property

All city records as defined in section 1.06.001 of this article are hereby declared to be the property of the city. No city official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. (Ordinance 890, sec. 3, adopted 12/13/93)

   Sec. 1.06.004     General policy

It is hereby declared to be the policy of the city to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all city records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice. (Ordinance 890, sec. 4, adopted 12/13/93)

   Sec. 1.06.005     Designation of records management officer

The mayor, and the successive holders of said office, shall serve as records management officer for the city. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the state library within thirty days of the initial designation or of taking up the office, as applicable. (Ordinance 890, sec. 5, adopted 12/13/93)

   Sec. 1.06.006     Records management committee

A records management committee may be established if it is deemed in the best interest of the city. The committee shall:

(1)     Assist the records management officer in the development of policies and procedures governing the records management program;

(2)     Review the performance of the program on a regular basis and propose changes and improvements if needed;

(3)     Review and approve records control schedules submitted by the records management officer;

(4)     Give final approval to the destruction of records in accordance with approved records control schedules; and

(5)     Actively support and promote the records management program throughout the city.

(Ordinance 890, sec. 6, adopted 12/13/93)

   Sec. 1.06.007     Records management plan

(a)     The records management officer and the records management committee shall develop a records management plan for the city for submission to the city council. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the city, and to properly preserve those records of the city that are of historical value. The plan must be designed to enable the records management officer to carry out his or her duties prescribed by state law and this article effectively.

(b)     Once approved by the city council, the records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the city and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan.

(c)     State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this article and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the city.

(Ordinance 890, sec. 7, adopted 12/13/93)

   Sec. 1.06.008     Duties of records management officer

In addition to other duties assigned in this article, the records management officer shall:

(1)     Administer the records management program and provide assistance to department heads in its implementation;

(2)     Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures;

(3)     In cooperation with department heads, identify essential records and establish a disaster plan for each city office and department to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense;

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

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

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

(7)     Provide records management advice and assistance to all city departments by preparation of a manual or manuals of procedure and policy and by on-site consultation;

(8)     Monitor records retention schedules and administrative rules issued by the state library and archives commission to determine if the records management program and the city records control schedules are in compliance with state regulations;

(9)     Disseminate to the city council and department heads information concerning state laws and administrative rules relating to local government records;

(10)     Instruct records liaison officers and other personnel in policies and procedures of the records management plan and their duties in the records management program;

(11)     Direct records liaison officers and other personnel in the conduct of records inventories in preparation for the development of records control schedules as required by state law and this article;

(12)     Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the city records is carried out in accordance with the policies and procedures of the records management program and the requirements of state law;

(13)     Maintain records on the volume of records destroyed under approved records control schedules, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition;

(14)     Report annually to the city council on the implementation of the records management plan in each department of the city, including summaries of the statistical and fiscal data compiled under subsection (13); and

(15)     Bring to the attention of the city council noncompliance by department heads or other city personnel with the policies and procedures of the records management program or the Local Government Records Act.

(Ordinance 890, sec. 8, adopted 12/13/93)

   Sec. 1.06.009     Duties of department heads

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

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

(2)     Adequately document the transaction of government business and the services, programs, and duties for which the department head and his or her staff are responsible; and

(3)     Maintain the records in his or her care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the city and the requirements of this article.

(Ordinance 890, sec. 9, adopted 12/13/93)

   Sec. 1.06.010     Designation of records liaison officer

The city secretary is hereby designated the records liaison officer for the city. The records liaison officer shall be thoroughly familiar with all records created and maintained by the city and shall have full access to all records of the city maintained by all departments. The city secretary and the successive holders of said office shall serve as records liaison officer. (Ordinance 890, sec. 10, adopted 12/13/93)

   Sec. 1.06.011     Duties of records liaison officer

In addition to other duties assigned in this article, the records liaison officer shall:

(1)     Conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedules;

(2)     In cooperation with the records management officer, coordinate and implement the policies and procedures of the records management program in their departments; and

(3)     Disseminate information to department staff concerning the records management program.

(Ordinance 890, sec. 11, adopted 12/13/93)

   Sec. 1.06.012     Records control schedules to be developed; approval; filing with state

(a)     The records management officer, in cooperation with department heads and the records liaison officer, shall prepare records control schedules on a department-by-department basis listing all records created or received by the department and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of the city records as the records management plan may require.

(b)     Each records control schedule shall be monitored and amended as needed by the records management officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and the records management program of the city.

(c)     Before its adoption, a records control schedule or amended schedule for a department must be approved by the department head, the records liaison officer, and/or the members of the records management committee, whichever is applicable.

(d)     Before its adoption, a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The records management officer shall submit the records control schedules to the director and librarian.

(Ordinance 890, sec. 12, adopted 12/13/93)

   Sec. 1.06.013     Implementation of records control schedules; destruction of records under schedule

(a)     A records control schedule for a department that has been approved and adopted under section 1.06.012 shall be implemented by department heads and the records liaison officer according to the policies and procedures of the records management plan.

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

(c)     Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the records management officer from the records management committee, if one has been established.

(Ordinance 890, sec. 13, adopted 12/13/93)

   Sec. 1.06.014     Destruction of unscheduled records

A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the records management officer has submitted to and received back from the director and librarian an approved destruction authorization request. (Ordinance 890, sec. 14, adopted 12/13/93)

   Sec. 1.06.015     Records center

A records center, developed pursuant to the plan required by section 1.06.007, shall be under the direct control and supervision of the records management officer. Policies and procedures regulating the operations and use of the records center shall be contained in the records management plan developed under section 1.06.007. (Ordinance 890, sec. 15, adopted 12/13/93)

   Sec. 1.06.016     Micrographics

Unless a micrographics program in a department is specifically exempted by order of the city council, all microfilming of records will be centralized and under the direct supervision of the records management officer. The records management plan will establish policies and procedures for the microfilming of city records, including policies to ensure that all microfilming is done in accordance with standards and procedures for the microfilming of local government records established in rules of the state library and archives commission. The plan will also establish criteria for determining the eligibility of records for microfilming and protocols for ensuring that a microfilming program that is exempted from the centralized operations is, nevertheless, subject to periodic review by the records management officer as to cost-effectiveness, administrative efficiency, and compliance with commission rules. (Ordinance 890, sec. 16, adopted 12/13/93)

   ARTICLE 1.07 EMERGENCY MANAGEMENT*

   Division 1. Generally

   Sec. 1.07.001     National Incident Management System adopted

The city hereby adopts the National Incident Management System dated March 1, 2004. (Ordinance 1002 adopted 10/10/05)

   Sec. 1.07.002     Office of emergency management; emergency management coordinator

(a)     There is hereby created the office of emergency management providing for the health, safety and welfare of the citizens of the city and affording the governing body and its officers professional assistance and guidance during any emergency.

(b)     The creation of the office of emergency management and the appointment of an accredited emergency management coordinator is hereby determined to be in the best interests of the citizens of the city.

(c)     The city council shall appoint the emergency management coordinator for an indefinite term, but he may be removed by a majority vote of the city council, after having been allowed a fair and impartial hearing before the council, if a hearing is requested. The emergency management coordinator need not be a resident of the city. The emergency management coordinator shall be paid such compensation as is set by the city council.

(d)     All monies previously reserved for civil defense henceforth and immediately are transferred and allocated for the office of emergency management.

(Ordinance 870, secs. I–IV, adopted 10/26/92)

   Secs. 1.07.003–1.07.030     Reserved

   Division 2. Civil Defense and Disaster Relief

   Sec. 1.07.031     Establishment and composition of committee

There is hereby created the municipal civil defense and disaster relief committee of the city, which shall consist of the following:

(1)     The mayor.

(2)     The assistant defense coordinator.

(3)     The directors of divisions and chiefs of services of such divisions as may be provided for by resolution by the city council or by directive of the defense coordinator.

(4)     Representatives, not to exceed five (5) in number, from civic, business, industry, labor, veterans, professional, or other groups, to be selected and appointed by the mayor.

(1964 Code, sec. 7-1)

   Sec. 1.07.032     Chairman and vice-chairman of committee

The mayor shall serve as chairman of the civil defense and disaster relief committee and the assistant defense coordinator shall serve as vice-chairman. (1964 Code, sec. 7-2)

   Sec. 1.07.033     Powers, duties and meetings of committee

The powers and duties of the municipal civil defense and disaster relief committee shall include the recommendation for adoption by the city council of the civil defense plan for the city and the recommendation for adoption by the council of any and all mutual aid plans and agreements which are deemed essential for the implementation of such civil defense plan. The duties of such committee shall also include the making of a survey of the availability of existing personnel, equipment, supplies and services which could be used during an emergency, as provided for in this division, as well as a continuing study of the need for amendments and improvements in the civil defense plan adopted by the city council. The civil defense and disaster relief committee shall meet upon the call of either the chairman or vice-chairman. (1964 Code, sec. 7-3)

   Sec. 1.07.034     Defense coordinator

The office of municipal defense coordinator is hereby created. The mayor shall serve as the defense coordinator and shall have the authority to request the declaration of the existence of an emergency by the city council or by higher authority. In the event it is deemed necessary to declare the existence of an emergency without delay, the coordinator may, if the city council is not in session, do so, but such action shall be subject to confirmation by the city council at its next meeting. The duties and responsibilities of the coordinator shall include the following:

(1)     The control and direction of the actual operation or training efforts of the civil defense and disaster relief organization of the city;

(2)     The determination of all questions of authority and responsibility that may arise within the civil defense and disaster relief organization of the city;

(3)     The maintenance of necessary liaison with other municipal, district, state, county, regional, federal, or other civil defense organizations;

(4)     The marshaling, after declaration of an emergency as provided for above, of all necessary personnel, equipment or supplies from any department of the city to aid in the carrying out of the civil defense plan;

(5)     The issuance of all necessary proclamations as to the existence of an emergency and the immediate operational effectiveness of the civil defense plan;

(6)     The issuance of reasonable rules, regulations or directives which are 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 receive widespread publicity unless publicity will be of aid and comfort to the enemy;

(7)     The supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state, and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county, and with other municipalities within the county, for county-wide coordination of efforts in defense and disaster relief;

(8)     The supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions;

(9)     The authorizing of agreements, after approval of the city attorney, for the use of private property for air raid shelter and other purposes.

(1964 Code, sec. 7-4)

   Sec. 1.07.035     Assistant defense coordinator

There is hereby established the office of assistant defense coordinator in and for the city. The assistant coordinator shall be appointed by and shall hold his position at the pleasure of the defense coordinator, and he shall be charged with the preparation of a civil defense plan for the city, together with such other duties as the defense coordinator may prescribe. (1964 Code, sec. 7-5)

   Sec. 1.07.036     Operational organization

The operational civil defense and disaster relief organization of the city shall consist of the officers and employees of the city designated by the defense coordinator as well as all volunteer municipal defense workers. The functions and duties of this organization shall be distributed among such divisions, services and special staff as the city council shall prescribe by resolution or as the defense coordinator shall provide by directive. Any such resolution or directive shall set forth the assigned functions, duties and powers, and designate officers and employees to carry out the provisions of this division. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the state division of emergency management and of the federal government. (1964 Code, sec. 7-6)

   Sec. 1.07.037     Participation in county program

The mayor is hereby authorized to join with the county judge and the mayors of the other cities in the county in the formation of a civil defense and disaster relief council for the county, and he shall have the authority to cooperate in the formation of a civil defense plan for the county and in the appointment of a civil defense director for the county, as well as all of civil defense and disaster relief insofar as such program may affect the city. (1964 Code, sec. 7-7)

   Sec. 1.07.038     Oath of personnel

Each person serving as a member of the civil defense and disaster relief committee, or as an officer, employee or volunteer in any capacity in the civil defense and disaster relief organization created by resolution or directive pursuant to the authority conferred by this division, shall, prior to assuming his duties, take an oath which shall be substantially as follows: “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 advocates, 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 Civil Defense and Disaster Relief Committee of the City of Robstown, 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 or of this State by force or violence.” (1964 Code, sec. 7-8)

   Sec. 1.07.039     Expenditure of funds

No person shall have the right to expend any public funds of the city in carrying out any civil defense activity authorized by this division without prior approval by the city council, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the city council. (1964 Code, sec. 7-9)

   Sec. 1.07.040     Effect of emergency orders, rules and regulations

At all times when the orders, rules and regulations made and promulgated 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. (1964 Code, sec. 7-10)

   Sec. 1.07.041     Interfering with or impersonation of members of organization; violation of emergency regulations

It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the civil defense and disaster relief organization in the enforcement of any rule or regulation issued pursuant to this division, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this division. 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 civil defense and disaster relief organization of the city, unless authority so to do has been granted to such person by the proper officials. (1964 Code, sec. 7-11)

   Sec. 1.07.042     Unauthorized lights during emergency

Any light displayed contrary to any order, rule or regulation promulgated pursuant to the provisions of this division constitutes a public nuisance and, when deemed necessary in order to protect life or property during blackouts or air raids, the police are authorized and directed to enter upon any premises within the city, using reasonable force, and extinguish lights or take other necessary action to make effective any order, rule or regulation promulgated under the authority conferred by this division. (1964 Code, sec. 7-12)

   Sec. 1.07.043     Simulation of blackout or air raid signal

Any unauthorized person who shall operate a siren or other device so as to simulate a blackout signal or air raid, or the termination of a blackout or air raid, shall be deemed guilty of a violation or a misdemeanor. (1964 Code, sec. 7-13)

   Sec. 1.07.044     Persons engaged in emergency activities not liable for damages

This division is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety and neither the city, the agents and representatives of the city, nor any individual, receiver, firm, partnership, corporation, association or trustee, or any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this division shall be liable for any damage sustained to person or property as the result of such 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 or parts 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. (1964 Code, sec. 7-14)

   Sec. 1.07.045     Conflicts with state or federal law or military regulations

This division shall not be construed so as to conflict with any state or federal statute or with any military or naval order, rule or regulation. (1964 Code, sec. 7-15)

   ARTICLE 1.08 DISCRIMINATION

   Division 1. Generally

   Secs. 1.08.001–1.08.030     Reserved

   Division 2. Fair Housing*

   Sec. 1.08.031     Declaration of policy

(a)     It is hereby declared to be the policy of the city to bring about, through fair, orderly and lawful procedures, the opportunity for each person to obtain housing without regard to his race, color, religion, sex, handicap, familial status, and national origin.

(b)     It is further declared that this policy is grounded upon a recognition of the inalienable right of each individual to provide for himself and his family a dwelling according to his own choosing; and further, that the denial of such rights through considerations based upon race, color, religion, sex, handicap, familial status, and national origin is detrimental to the health, safety and welfare of the inhabitants of the city and constitutes an unjust denial or deprivation of such inalienable right which is within the power and the proper responsibility of government to prevent.

(Ordinance 932, sec. 1, adopted 12/15/97)

   Sec. 1.08.032     Definitions

As used in this division:

Administrator. The individual designated human relations administrator by the city.

Committee. The city committee on human relations.

Discriminatory housing practice. An act that is unlawful under sections 1.08.034, 1.08.035, and 1.08.036.

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

Family. Includes a single individual.

Person. Includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and any other organization or entity of whatever character.

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

(Ordinance 932, sec. 2, adopted 12/15/97)

   Sec. 1.08.033     Penalty

Any person, firm or corporation violating the terms and provisions of this division shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sum not to exceed two hundred and no/100 dollars ($200.00). (Ordinance 932, sec. 14, adopted 12/15/97)

   Sec. 1.08.034     Discrimination in the sale or rental of housing

Except as exempted by section 1.08.037, it shall be unlawful:

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

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

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

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

(5)     For profit, or with the hope or expectation of profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, and national origin.

(Ordinance 932, sec. 3, adopted 12/15/97)

   Sec. 1.08.035     Discrimination in financing of housing

It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration or other terms or conditions of such loan or other financial assistance, because of the race, color, religion, sex, handicap, familial status, and national origin of such person or of any person associated with him in connection with which such loan or other financial assistance is to be made or given. (Ordinance 932, sec. 4, adopted 12/15/97)

   Sec. 1.08.036     Discrimination in the provision of brokerage services

It shall be unlawful to deny any person access to or membership or participation in any multiple listing service, real estate brokers' organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status, and national origin. (Ordinance 932, sec. 5, adopted 12/15/97)

   Sec. 1.08.037     Exemptions and exclusions

(a)     There shall be exempted from the application of section 1.08.034:

(1)     Any single-family house sold or rented by an owner; provided that such private individual owner does not own more than three such single-family houses, wherever located, at any one time; provided further that, in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four-month period; provided further that such bona fide private individual owner does not own any interest in nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time; provided further, the sale or rental of any such single-family house shall be excepted from the application of this division only if such house is sold or rented (i) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person, and (ii) without the publication, posting or mailing of any advertisement or written notice in violation of section 1.08.034(3) of this division; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title;

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

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

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

(Ordinance 932, sec. 6, adopted 12/15/97)

   Sec. 1.08.038     Complaints

(a)     Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter referred to as “persons aggrieved”) may file a complaint with the administrator. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be about to commit the discriminatory housing practice and shall set forth the particulars thereof. The administrator is directed to prepare and adopt from time to time standard complaint forms and to furnish them without charge to any person aggrieved. The administrator and employees of his office may assist in the clerical preparation of such complaints.

(b)     The administrator shall receive and accept notification and referral of complaints from the Secretary of Housing and Urban Development pursuant to the provisions of title VIII, Fair Housing Act of 1963, Public Law 90-234, and shall treat such complaints in the same manner as complaints filed directly by the person aggrieved.

(c)     If, in the course of any investigation as provided in section 1.08.039 hereof on a complaint filed with or referred to the administrator, he shall receive credible evidence and shall have probable cause to believe that the person or persons named in such complaint have committed a discriminatory housing practice on grounds not stated in such complaint [the administrator may prepare and file a complaint] upon his own motion and in his own name and such supplementary complaint shall thereafter be treated in the same manner as an original complaint filed by a person aggrieved.

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

(e)     Upon the filing or referral of any complaint, the administrator shall furnish a copy of the same to the person or persons named in the complaint.

(f)     A complaint under subsections (a), (c), (d), and (e) shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and, with the leave of the administrator, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaints and answers shall be signed.

(Ordinance 932, sec. 7, adopted 12/15/97)

   Sec. 1.08.039     Investigation

(a)     Upon the filing of a complaint as herein provided, the administrator shall cause to be made a prompt investigation of the matter stated in the complaint.

(b)     In connection with such investigation, the administrator may question and take and record testimony and statements of such persons who appear and may examine, record and copy documents which are produced.

(c)     During or after the investigation, the administrator shall, if it appears that a discriminatory housing practice act has occurred or is about to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance or rectification of the discriminatory housing practice and voluntary compliance and adequate assurance of future voluntary compliance with the provisions of this division.

(d)     In the event conciliation is effected, the administrator shall disclose nothing said or done in the course of such conciliation in such a way as to make public identification of the person or persons named in the complaint without the consent of the persons concerned.

(Ordinance 932, sec. 8, adopted 12/15/97)

   Sec. 1.08.040     Committee hearing

(a)     Upon completion of the investigation and informal endeavors at conciliation by the administrator but within 30 days of the filing of the complaint with the administrator, and if conciliation has not been effected, the administrator shall refer the complaint to the committee, together with the answer of the respondent, if any, and a full report of his investigation and activities in the matter.

(b)     The committee shall promptly set a date for the hearing. This date shall be within 30 days of the date on which the administrator referred the complaint. At least 5 days' prior written notice of the hearing shall be given to the person or persons alleged to have committed or to be about to commit the discriminatory housing practice. The hearing shall be conducted in a fair and impartial manner and shall be public. Proof of the matters alleged within the complaint may be presented by the administrator. The complainant and the person or persons alleged to have committed or to be about to commit the discriminatory housing practice may appear personally or by representative and with or without legal counsel and shall have the right to present proof and cross-examine witnesses in all matters relating to the complaint and subsequent related matters. In the event that a person or persons alleged to have committed or to be about to commit a discriminatory housing practice shall fail to appear at the committee hearing either personally or by representative, after notice as provided above, then such hearing shall be deemed waived by such person or persons.

(c)     If, after such hearing, a majority of the committee shall determine on the basis of the evidence at the hearing that the complaint is well founded, the committee shall forthwith by persuasion, education and entreaty diligently attempt to secure within a reasonable time, not to exceed 30 days, voluntary discontinuance of any discriminatory housing practice.

(Ordinance 932, sec. 9, adopted 12/15/97)

   Sec. 1.08.041     Certification of violation to city attorney and request for prosecution

If the committee shall determine that a discriminatory housing practice has occurred and if a hearing before the committee on the complaint alleging such violation has been waived or if the committee has held a hearing and the efforts of the committee to secure voluntary compliance have been unsuccessful, the committee to secure voluntary compliance have been unsuccessful [sic], the committee shall cause the administrator to certify in writing to the city attorney that such discriminatory housing practice has occurred and request the city attorney to forthwith prosecute such violation in the municipal court of the city. (Ordinance 932, sec. 10, adopted 12/15/97)

   Sec. 1.08.042     Legal proceedings

(a)     Upon certification by the administrator pursuant to the direction of the committee, the city attorney shall institute a charge in municipal court and prosecute the same to final conclusion.

(b)     The certification to the city attorney and the actions to be taken by the city attorney shall be cumulative of all other remedies and procedures for the effectuation and enforcement of this division and the prosecution of alleged violators of this division.

(Ordinance 932, sec. 11, adopted 12/15/97)

   Sec. 1.08.043     Cooperation with Secretary of Housing and Urban Development

The committee and the administrator are authorized and encouraged to cooperate with the Secretary of Housing and Urban Development pursuant to the provisions of title VIII, Fair Housing Act of 1968, Public Law 90-284, and may render such service to the Secretary as they shall deem appropriate to further the policies of this division and may accept reimbursement from the Secretary for services rendered to assist him in carrying out the provisions of the above-cited federal law. (Ordinance 932, sec. 12, adopted 12/15/97)

   Sec. 1.08.044     Unlawful intimidation

It shall be unlawful for any person, whether or not acting under color of law, by force or threat of force to willfully injure, intimidate, or interfere with, or attempt to injure, intimidate or interfere with:

(1)     Any person because of his race, color, religion, sex, handicap, familial status, and national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization or facility relating to the business of selling or renting dwellings;

(2)     Any person because he is or has been, or in order to intimidate such person or any other person or class of persons from:

(A)     Participating, without discrimination on account of race, color, religion, sex, handicap, familial status, and national origin, in any of the activities, services, organizations or facilities described in subsection (1) of this section; or

(B)     Affording another person or class of persons opportunity or protection so to participate; or

(3)     Any person because he is or has been or in order to discourage such person or any other person from lawfully aiding or encouraging other persons to participate, without discrimination on account of race, color, religion, sex, handicap, familial status, and national origin, in any of the activities, services, organizations or facilities described in subsection (1) of this section, or participating lawfully in speech or peaceable assembly opposing any denial of the opportunity so to participate.

(Ordinance 932, sec. 13, adopted 12/15/97)

   Secs. 1.08.045–1.08.080     Reserved

   Division 3. Discrimination in Places of Public Accommodation

   Sec. 1.08.081     Definition

As used in this division, the term “place of public accommodation” shall include every business within the city, whether wholesale or retail, which is open to the general public and offers, for compensation, any product, service or facility. The term “place of public accommodation” shall include, but not be limited to, all taverns, hotels, motels, trailer parks, restaurants, or any place where food or beverages are sold, retail and wholesale establishments, hospitals, theaters, motion picture houses, museums, bowling alleys, golf courses, and all public conveyances operated on land, air or water as well as the stations or terminals thereof. (1964 Code, sec. 14A-2)

   Sec. 1.08.082     Penalty

Any person violating any provision of this division shall be punished by fine of no less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00). (1964 Code, sec. 14A-4)

   Sec. 1.08.083     Prohibition

It shall be unlawful for any person, firm, association or corporation or any employee or agent thereof, within the city, to withhold from or deny any person, because of race, color or ethnic origin, any of the advantages, facilities or services offered to the general public by a place of public accommodation. (1964 Code, sec. 14A-1)

   Sec. 1.08.084     Complaints, investigations and hearings

The city council shall receive and investigate all complaints of alleged violations of this division. It shall endeavor to adjust such complaints by persuasion and conciliation between the interested parties. Any complaint received by the city council shall be acted upon by the city council within fifteen days after its receipt. The city council shall take action as it deems appropriate with regard to each complaint, including, but not limited to, the holding of public or private hearings by the full council or a committee of at least three members appointed by the mayor of the city. If the efforts of the city council and/or the committee fail to resolve any complaint within fifteen days from the date a complaint is referred to said committee, said committee shall refer the complaint to the city attorney for appropriate legal action. No person shall be convicted of a violation of this division until the city council and/or the committee or its duly authorized agent certifies in writing that conciliation between the interested parties has been unsuccessful or until thirty-five days after the original complaint was filed with the city council. No action of the city council or the committee shall be admissible in any trial of an alleged violation of this division except the above-mentioned certificate; provided, however, any evidence presented to the city council during the course of any hearing may be admitted in the course of a judicial trial, if such evidence would ordinarily be admissible under the rules of evidence in this state. (1964 Code, sec. 14A-3)

   Sec. 1.08.085     Exemptions

This division shall not apply to:

(1)     Any hotel, motel, restaurant, or place of amusement which is operated as a bona fide private club if the facilities and services are restricted to members of such club and their invited guests;

(2)     Any bona fide social, fraternal, educational, civic, political or religious organization if the profits from any facilities or services defined above are used solely for the benefit of such organization;

(3)     Any hotel or motel located within a building which contains less than six (6) rooms for rent or hire and which is also actually occupied by the proprietor as his residence.

(1964 Code, sec. 14A-5)

   Sec. 1.08.086     Additional remedies

This division shall neither add to nor detract from any civil remedies now available, or which may become available, to persons subject to discrimination on the basis of race, color or ethnic origin. (1964 Code, sec. 14A-6)

   ARTICLE 1.09 PARKS AND RECREATION*

   Division 1. Generally

   Sec. 1.09.001     Park and recreation department created

There is hereby established a department of municipal government which shall be known as the park and recreation department. (1964 Code, sec. 18-1)

   Secs. 1.09.002–1.09.030     Reserved

   Division 2. Park and Recreation Board

   Sec. 1.09.031     Created; composition

There is hereby created a park and recreation board of the city to consist of eight (8) members possessing the same qualifications and subject to the same disqualifications provided by the charter for city councilmen. (1964 Code, sec. 18-13)

   Sec. 1.09.032     Appointment and term of members

All members of the park and recreation board shall be appointed by the mayor subject to the approval of the city council. All members of such board shall be appointed for a term of two (2) years, or until their successors are appointed. (1964 Code, sec. 18-14)

   Sec. 1.09.033     Compensation of members

The members of the park and recreation board shall serve without compensation. (1964 Code, sec. 18-15)

   Sec. 1.09.034     Chairman; meetings

The park and recreation board shall elect a chairman and shall hold meetings at least once a month and at such other times as the chairman shall designate. (1964 Code, sec. 18-16)

   Sec. 1.09.035     Supervision of parks and recreation programs

The park and recreation board shall have supervision over all public parks and buildings thereon, and all public recreation programs. (1964 Code, sec. 18-17)

   Sec. 1.09.036     Employees

The park and recreation board shall have authority to hire such employees as it deems necessary to discharge the responsibilities of such board. (1964 Code, sec. 18-18)

   Sec. 1.09.037     Actions subject to council approval

The actions of the park and recreation board, in the discharge of its duties, shall be under the supervision of, and subject to, the approval of the city council. (1964 Code, sec. 18-19)

   Secs. 1.09.038–1.09.070     Reserved

   Division 3. Park Rules

   Sec. 1.09.071     Possession or consumption of alcoholic beverages

It shall be unlawful for any person to possess or consume an alcoholic beverage, as the same is defined by the Alcoholic Beverage Code, section 1.04, of Vernon's Texas Codes Annotated of the state, on or in any public park or recreational facility owned or under the control of the city. (1964 Code, sec. 3-30)

   Sec. 1.09.072     Operation and parking of motor vehicles

(a)     Restrictions. It shall be unlawful for any person to drive, park or operate any motor vehicle in or upon any city park in the city unless the same is driven, parked or operated on the paved parking areas of any such park. It shall be unlawful for persons to park vehicles on any property, a part of which is included in a public park of the city, during the hours between 10:00 p.m. and 7:00 a.m.

(b)     Exceptions. This section shall not apply to persons employed by the city in the official conduct of their duty.

(c)     Penalty. Persons and corporations violating this section shall be fined not less than one dollar ($1.00) nor more than two hundred dollars ($200.00).

(1964 Code, sec. 27-119.1)

   Secs. 1.09.073–1.09.100     Reserved

   Division 4. Fees for Parks and Swimming Pools

   Sec. 1.09.101     Parks and recreation rental application guidelines

(a)     Requests for the rental of city park(s) facilities and equipment shall be directed to the city secretary (or city designee), who shall decide the appropriate procedure for approval. Community and special events may require an additional special/community event application which will be reviewed by the directors or assigned staff of the appropriate departments. Once application is completed, it will be sent to the city secretary for approval.

(1)     The special event application must be completed and returned to the city 60 days prior to the event.

(b)     Individuals, clubs, organizations, or businesses may rent city parks and recreation facilities, when available. A deposit may be required to rent city parks, recreation facilities and equipment. The deposit shall be a separate check from rental payment. Upon inspection and determination that parks and recreation facilities and or equipment have not been damaged and clean-up cost have not incurred, the deposit shall be refunded. Parks should be left as they were upon arrival.

   Sec. 1.09.102     Schedule of fees and charges

(a)     Reservation fee for park usage.

Item description

Quantity

Fee

Park reservation permits (without electricity)

Avalon Park

Bauer Rd. Park

Centennial Park

Diaz Park (off-season)

Kiwana Park

Portella Park

Robstown Town Square

Per day

$10.00

Park Reservation Permits (with electricity)

Centennial Park

Diaz Park (off-season)

Kiwana Park

Portella Park

Robstown Town Square

Per day

$25.00

Deposit

Per day

$50.00

(b)     Swimming pool usage fees.

Item description

Quantity

Fee

Swimming pool

Public admission rate

Per adult (16 and over)

Per child (under 16)

$4.00

$3.00

Swimming pool

Private party rate

(2 hour block with Diaz Park Pavilion)

Per event

$250.00

Swimming pool

Private party rate

(4 hour block with Diaz Park Pavilion)

Per event

$450.00

   Sec. 1.09.103     Refunds

(a)     Cancellation of reservations must be made no less than 48 hours prior to the reserved date in order to receive a refund. If the use is set for a Saturday, Sunday or city holiday, cancellation must be received no later than two (2) business days prior to the event. Non-use due to inclement weather conditions will be taken into consideration for a refund.

(b)     Deposits will be refunded upon inspection of the parks. The standard of cleanup shall be to leave the park as it was when you arrived in order to receive deposit.

(Ordinance 1100 adopted 6/21/21)