CHAPTER 1

GENERAL ADMINISTRATION

   ARTICLE 1.01 CODE OF ORDINANCES*

   Sec. 1.01.001     Adoption

There is hereby adopted the code of ordinances of the City of Cedar Park as compiled, edited and published by Franklin Legal Publishing, Inc.

   Sec. 1.01.002     Designation and citation of code

The ordinances embraced in this and the following chapters, articles and sections shall constitute and be designated the “Code of Ordinances, City of Cedar Park, Texas,” and may be so cited.

   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 or section and shall not be deemed or taken to be titles of such articles and sections, nor as any part of the articles and sections, nor, unless expressly so provided, shall they be so deemed when any of such articles and sections, including the catchlines, are amended or reenacted.

   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 Cedar Park, Texas.

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

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

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

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.

May. Is permissive.

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

Must and shall. Are each mandatory.

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

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

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

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 and bodies politic and corporate as well as to individuals.

Property. Means and includes real and personal property.

Real property. Means and includes lands, tenements and hereditaments.

Sidewalk. Means that portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

Signature or subscription. Shall include a mark when a person cannot write.

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

Street. 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.

V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. 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.

Year. Shall mean a calendar year.

   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.

   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.

   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 so to do shall in no way affect the validity or enforceability of such ordinances.

   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 which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in the supplement.

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

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

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

(5)      Make other nonsubstantive changes necessary to preserve the original meaning of ordinance articles or sections inserted into the code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.

   Sec. 1.01.009     General penalty for violations of code; continuing violations

Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provisions of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00). However, 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); provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. 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)

   Sec. 1.01.010     Issuance of citations

In addition to certified peace officers, any city code enforcement officer and building inspector may issue a citation for a violation of a city ordinance or a code adopted pursuant to a city ordinance. The authority of the code enforcement officer and/or building inspector shall extend to the issuance of citations only for violations of an ordinance or a code that the officer/inspector is charged with inspecting, overseeing, or enforcing. Such citation shall be for a class C misdemeanor in municipal court, unless otherwise provided by law, for a fine not to exceed two thousand dollars ($2,000.00) per day and each day a violation occurs shall be a separate offense. (Ordinance CO41-10-09-09-C1 adopted 9/9/10)

   Sec. 1.01.011     Culpable mental states for ordinance violations

(a)     Unless otherwise specifically stated within the provisions of this Code, any violation of this Code that is punishable by a fine that does not exceed $500.00 does not require a culpable mental state, and a culpable mental state is hereby not required to prove any such offense.

(b)     Unless otherwise specifically stated within the provisions of this Code, any violation of this Code that is punishable by a fine that exceeds $500.00 shall require a culpable mental state of intent, knowledge, or recklessness.

(Ordinance CO47-18-09-13-E2 adopted 9/13/18)

   ARTICLE 1.02  ADOPTION OF HOME RULE CHARTER*

The home rule charter of the city, adopted at the election held within said city on the 17th day of January, 1987, shall upon the adoption of this article and upon this date be put into full effect in its entirety; and the whole of said charter is now declared to be in full effect as the home rule charter of said city. (1998 Code, art. 1.400)

   ARTICLE 1.03  CITY COUNCIL MEETINGS

The City Council shall hold meetings in accordance with the Rules of Procedure adopted by the Council. The City Council may, on the call of the Mayor, or a majority of the Council, reschedule the date or time of any such regular meeting, but must provide public notice of any rescheduled meeting as required by law. (Ordinance CO35-18-08-09-E1 adopted 8/9/18)

   ARTICLE 1.04  CLAIMS FOR DAMAGES AGAINST THE CITY*

(a)     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 on his behalf, or in the event injury results in death, the person or persons who may have a cause of action under the law by reason of such death or injury, shall, within sixty (60) days 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.

(b)     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.

(c)     All notices required by this article shall be effectuated by serving them upon the mayor at the following location: City Hall, 600 North Bell Boulevard, Cedar Park, Texas 78613, and all such notices shall be effective only when actually received in the office of the person named above.

(d)     Neither the mayor, city councilmember, nor any other officer or employee of the city shall have the authority to waive any of the provisions of this article.

(e)     The written notice required under this article shall be sworn to by the person claiming the damage or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as required herein shall not render the notice fatally defective, but failure to so verify the notice may be considered by the City Council as a factor relating to the truth of the allegations and to the weight to be given to the allegations contained therein.

(f)     If any provision of this article or the application hereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without defeating the purpose or objective of the provisions, and to this end, the provisions of this article are declared to be severable.

(g)     The notice provisions required herein shall not be applicable in cases in which the plaintiff can demonstrate good cause, actual notice by the city, or civil rights violations.

(1998 Code, art. 1.300)

   ARTICLE 1.05  CITY DEPOSITORY

   Sec. 1.05.001     City depository

All fund accounts of the city shall be maintained in a city depository or investment accounts approved by the City Council. (1998 Code, sec. 1.701)

   Sec. 1.05.002     Monthly reports

The City Manager shall make a monthly written report to the City Council which shall describe in detail all city fund accounts. The report shall set forth the type of account, the interest rate (if any) on the funds in such account, the securities pledged against such account and the current market value of the securities. (1998 Code, sec. 1.702)

   Sec. 1.05.003     Authorized signatories

The forms or documents used to open all city accounts shall specifically provide that at least two (2) authorized signatures are required to validate the transfer of city funds or the issuance of a city check or draft. A transfer, check, or draft shall include any two (2) of the following authorized signatories:

(1)     City Manager

(2)     Mayor

(3)     Mayor pro tem

(4)     City Secretary

(1998 Code, sec. 1.703)

   ARTICLE 1.06  PAYMENT OF PROFESSIONAL FEES

   Sec. 1.06.001     Payment of professional fees required

An applicant shall pay all professional consultation costs, fees, and expenses, including, but not limited to, legal fees and expenses, incurred by the city in connection with the review, evaluation, approval, revision, and/or rejection of a zoning request, a variance request, a subdivision request, a building permit request, a site plan review, a construction plan review, a traffic study, a building and fire safety code review, an environmental review, a request for the city to enter into a contract or an agreement, a request for the enactment, amendment, or repeal of an ordinance, a request for special development consideration, an inquiry under Chapter 245 of the Local Government Code, or any other matter requiring professional consultation.

   Sec. 1.06.002     Non-refundable fee

An applicant making a zoning request, a variance request, a subdivision request, a building permit request, a site plan review, a construction plan review, a traffic study, a building and fire safety code review, an environmental review, a request for the city to enter into a contract or an agreement, a request for the enactment or amendment of an ordinance, a request for special development consideration, an inquiry under Chapter 245 of the Local Government Code, or any other matter requiring professional consultation shall pay a non-refundable fee for professional consultation services in the amount of $200.00 in addition to all other applicable fees.

   Sec. 1.06.003     Additional deposit

In the event that the non-refundable fee set forth in section 1.06.002 is inadequate to pay all costs, fees, and expenses for professional consultation relating to a zoning request, a variance request, a subdivision request, a building permit request, a site plan review, a construction plan review, a traffic study, a building and fire safety code review, an environmental review, a request for the city to enter into a contract or an agreement, a request for the enactment, amendment, or repeal of an ordinance, a request for special development consideration, an inquiry under Chapter 245 of the Local Government Code, or any other matter requiring professional consultation, the City Manager and the City Attorney shall determine an appropriate sum to be deposited as directed by the City Manager and the City Attorney prior to initiating the review, evaluation, approval, revision, and/or rejection of a zoning request, a variance request, a subdivision request, a building permit request, a site plan review, a construction plan review, a traffic study, a building and fire safety code review, an environmental review, a request for the city to enter into a contract or an agreement, a request for the enactment or amendment of an ordinance, a request for special development consideration, an inquiry under Chapter 245 of the Local Government Code, or any other matter requiring professional consultation. Applicant shall post such deposit, and the city or its professional consultants, including, but not limited to, its planners, engineers, and/or attorneys, shall bill against such deposit for costs, fees, and expenses incurred. In the event that such deposit is exhausted, applicant shall replenish the deposit as directed by the City Manager and the City Attorney. Any excess deposit remaining after payment of all costs, fees, and expenses for professional consultation shall be refunded to the applicant.

   Sec. 1.06.004     Alternative periodic payment

Alternatively and in lieu of an additional deposit under section 1.06.003, the City Council, in its sole discretion, may authorize an applicant to pay all costs, fees, and expenses for professional consultation upon the submission of periodic statements to the applicant, which periodic statements shall be due and payable as directed by City Council within thirty (30) days after issuance thereof. The City Council may, in its sole discretion, approve alternative periodic payment if:

(1)     It is in the best interest of the city; and

(2)     The applicant provides suitable proof of his ability to pay.

   Sec. 1.06.005     Complete application

No application or request shall be accepted or considered complete until:

(1)     The non-refundable fee pursuant to section 1.06.002 has been paid; and

(2)     Any additional deposit pursuant to section 1.06.003 has been made or the City Council has approved alternative periodic payments pursuant to section 1.06.004.

   Sec. 1.06.006     Failure to pay

No approval shall be issued by the city in connection with any application or request until the applicant has paid:

(1)     The nonrefundable fee pursuant to section 1.06.002; and

(2)     All costs, fees, and expenses incurred by the city with its professional consultants, including, but not limited to, its planners, engineers, and/or attorneys.

   Sec. 1.06.007     Political subdivisions excluded

This article shall not apply to the federal government, the state government, or any department or political subdivision thereof.

   Sec. 1.06.008     Waiver or refund of professional fees

The City Council has and retains sole discretion to waive or refund, in whole or in part, any professional costs, fees, and expenses paid or payable under sections 1.06.002, 1.06.003, or 1.06.004 if the City Council finds the project relating to the application or request meets one or more of the following criteria:

(1)     The project entails significant special circumstances or conditions that justify an exception to the city's general development policy;

(2)     The project entails special development considerations that will result in increased development costs over the usual and customary development costs within the city and/or its extraterritorial jurisdiction;

(3)     The project entails a higher quality public infrastructure, furthers a public purpose, and provides a public benefit;

(4)     The project will contribute to the economic development of the city and will improve the quality of life for residents of the city; and

(5)     The project will generate other taxes or revenues, particularly sales and use taxes, that will offset the waiver or refund of professional costs, fees, and expenses.

   Sec. 1.06.009     Dispute concerning professional fee

In the event that an applicant disputes the necessity or reasonableness of all or any portion of an additional deposit under section 1.06.003 or an alternative periodic payment under section 1.06.004, the City Council may, in its sole discretion, determine the necessity and/or reasonableness of the additional deposit or alternative periodic payment in dispute and adjust the additional deposit or alternative periodic payment as the City Council deems appropriate.

(Ordinance CO-01-01-25-M.1. adopted 1/25/01)

   ARTICLE 1.07  RECORDS MANAGEMENT*

   Sec. 1.07.001     Definition of municipal 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. (1998 Code, sec. 1.801)

   Sec. 1.07.002     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 recreation of the legal and financial status of the city, or to the protection and fulfillment of obligations to the people of the state.

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

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

Records management. The application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the 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 liaison officer. The persons designated under section 1.07.010 of this article.

Records management committee. The committee established in section 1.07.006 of this article.

Records management officer. The person designated in section 1.07.005 of this article.

Records management plan. The plan developed under section 1.07.007 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.

(1998 Code, sec. 1.802)

   Sec. 1.07.003     City records declared public property

All city records as defined in section 1.07.001 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. (1998 Code, sec. 1.803)

   Sec. 1.07.004     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. (1998 Code, sec. 1.804)

   Sec. 1.07.005     Designation of records management officer

The City Secretary, and the successive holders of said office, shall serve as records management officer for the city. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty (30) days of the initial designation or of taking up the office, as applicable. (1998 Code, sec. 1.805)

   Sec. 1.07.006     Establishment of records management committee

A records management committee consisting of the City Secretary, finance director and City Attorney is hereby established. 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.

(1998 Code, sec. 1.806)

   Sec. 1.07.007     Records management plan to be developed; approval of plan; authority of 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, and microfilmed in accordance with said 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.

(1998 Code, sec. 1.807)

   Sec. 1.07.008     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 Texas State Library and Archives Commission to determine if the records management program and the city's records control schedules are in compliance with state regulations;

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

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

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

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

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

(1998 Code, sec. 1.808)

   Sec. 1.07.009     Duties and responsibilities 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.

(1998 Code, sec. 1.809)

   Sec. 1.07.010     Designation of records liaison officers

Each department head shall designate a member of his or her staff to serve as records liaison officer for the implementation of the records management program in the department. If the records management officer determines that in the best interests of the records management program that more than one records liaison officer should be designated for a department, the department head shall designate the number of records liaison officers specified by the records management officer. Persons designated as records liaison officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the city maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as records liaison officer, the department head shall promptly designate another person to fill the vacancy. A department head may serve as records liaison officer for his or her department. (1998 Code, sec. 1.810)

   Sec. 1.07.011     Duties and responsibilities of records liaison officers

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

(1)     Conduct and 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.

(1998 Code, sec. 1.811)

   Sec. 1.07.012     Records control schedules to be developed; approval; filing with state

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

(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 and a majority of the records management committee.

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

(1998 Code, sec. 1.812)

   Sec. 1.07.013     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 1.07.012, shall be implemented by department heads and records liaison officers according to the policies and procedures of the records management plan.

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

(1998 Code, sec. 1.813)

   Sec. 1.07.014     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 of the Texas State Library an approved destruction authorization request. (1998 Code, sec. 1.814)

   Sec. 1.07.015     Records center

A records center, developed pursuant to the plan required by section 1.07.007, 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 1.07.007. (1998 Code, sec. 1.815)

   Sec. 1.07.016     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 Texas State Library and Archives Commission. The plan will also establish criteria for determining the eligibility of records for microfilming and protocols for ensuring that a microfilming program that is exempted from the centralized operations is, nevertheless, subject to periodic review by the records management officer as to cost effectiveness, administrative efficiency, and compliance with the rules of the Texas State Library and Archives Commission. (1998 Code, sec. 1.816)

   ARTICLE 1.08  MUNICIPAL COURT*

   Division 1.  Generally

   Sec. 1.08.001     Collection of fines, fees, and costs

The judge of the Municipal Court may enforce the collection of all fines, fees, and costs imposed by the court by all means authorized by the law, including execution against the property of the defendant or imprisonment of the defendant. In cases where fines are discharged in a manner other than by payment in cash, officer's fees shall be paid out of the general fund.

   Sec. 1.08.002     Judge to assess fines, fees, and costs

In all cases filed in the Municipal Court of the city, where convictions or judgments are entered, the judge shall assess fines, fees, and costs against the convicted parties in such amounts as may be provided by law for Municipal Courts. Provided that the judge, when in their opinion justice may be served and as permitted by law, may in any case order that no fine, fees, and costs be assessed against the convicted party.

   Sec. 1.08.003     Fines, fees and costs to be deposited into general fund

All fines, fees and costs collected in criminal cases filed in the Municipal Court shall go into the general fund of the city and shall be allocated, budgeted, and expended in accordance with all applicable laws and ordinances.

   Sec. 1.08.004     Fine for failure to appear or violation of promise to appear

A fine of twenty-five dollars ($25.00) shall be collected, after due notice, in all offenses filed in the Municipal Court under section 38.10(e), Penal Code, or under section 543.009, Transportation Code, as they may be amended. Such fine shall be paid into the city treasury for the use and benefit of the city.

   Sec. 1.08.005     Fine for city parking ordinance violation

A fine of five dollars ($5.00) shall be assessed on each violation of any city parking ordinance, in accordance with Texas Code of Criminal Procedure art. 102.014(b), as amended.

   Secs. 1.08.006–1.08.030     Reserved

   Division 2. Juvenile Case Manager

   Sec. 1.08.031     Juvenile case manager

The City Council hereby authorizes the Municipal Court to employ one or more full-time or part-time juvenile case managers to provide services in cases involving juvenile offenders before the court, (including cases brought under section 25.093 of the Texas Education Code and section 65.003 of the Texas Family Code, as they may be amended), consistent with the court's statutory powers.

   Secs. 1.08.032–1.08.060     Reserved

   Division 3. Juror Reimbursement

   Sec. 1.08.061     Juror reimbursement

A person who, in response to a jury summons from the Municipal Court, is selected for jury service, and is not excused through the voir dire process, is entitled to receive as reimbursement for travel and other expenses, the amount of:

(1)     $10.00 per day for each day or fraction of each day the person is in attendance in court in response to the jury summons and discharges the person's duty for that day.

   Sec. 1.08.062     Verification

The Municipal Court Clerk is hereby directed to present to the finance department a list of jurors entitled to receive compensation from the city following jury trial.

(Ordinance CO08-19-12-12-E1 adopted 12/12/19)

   ARTICLE 1.09  LIBRARY REGULATIONS

   Sec. 1.09.001     Definition

Library materials.

(1)     All property of the City of Cedar Park Library available for use by: residents within the City, residents who live in extraterritorial jurisdictions that have an interlocal agreement with the City, and nonresidents who have obtained a City of Cedar Park library membership.

(2)     This term includes: books, articles, media, digital content, equipment, and other materials.

   Sec. 1.09.002     Removal of library materials

No person shall remove or borrow any library materials from the premises of the Cedar Park Public Library or from digital content systems unless and until such removal of library materials has been consented to, recorded and charged out in the library system of the Cedar Park Public Library.

(1)     Residents within the City limits of Cedar Park, residents who live in extraterritorial jurisdictions that have an interlocal agreement with the City, or nonresidents who own real property within the City limits may borrow library materials from the City Library at no charge. Proper identification and proof of current address or property ownership must be provided at the time of registration.

(2)     Nonresidents who do not own real property within the City limits wishing to borrow library materials shall purchase a nonresident library membership for a period of either: one year, six months, or three months. The charge for such memberships shall be as provided for in the fee schedule found in the Appendix A of this Code.

(3)     TexShare cardholders may borrow physical library materials from the City Library at no charge. TexShare cardholders are not eligible to borrow digital library materials from the City Library at no charge. TexShare cardholders are participants in the TexShare Card System, established under the Texas Government Code, chapter 441, libraries and archives, subchapter M, TexShare Library Consortium, as amended.

   Sec. 1.09.003     Return of library materials

It shall be unlawful for any person to retain or fail to return any library materials beyond the date designated by the library employee or designee at the time such material is removed by consent of the Library, or beyond any extensions of time granted by the Library.

   Sec. 1.09.004     Fines and late charges for failure to return library materials

Any person failing to return any library materials on or before the date designated as provided in section 1.09.003 shall be liable for replacement fees as provided by Appendix A of this Code. If the offending person or borrower of the library materials is under eighteen (18) years of age, then the parent or guardian who signed for the membership for such person shall be liable for replacement fees as provided in Appendix A of this Code, to be assessed against such parent or guardian.

   Sec. 1.09.005     Use of false identification or false names

It shall be unlawful for any person to register or furnish a false name or address to obtain a library membership or to forge or furnish false identification for the purpose of borrowing or removing library materials from the Cedar Park Public Library. Any violation of this section may be charged as a class C misdemeanor and fined in accordance with section 1.01.009 of this Code.

   Sec. 1.09.006     Defacing, damaging or destroying, etc., library materials

It shall be unlawful for any person to damage or destroy any library materials. Any person in violation of this section shall be subject to fees in accordance with Appendix A of this Code.

   Sec. 1.09.007     Public library's community room and conference room rules and regulations

(a)     The Cedar Park Public Library's community room and conference room are facilities of the City.

(b)     The rooms are available for public meetings and programs on a first-come, first-served basis and may be reserved up to six months in advance. However, all reservations are subject to the City's priority status for City uses. The City may, without notice, preempt any reservation of the rooms.

(c)     User shall pay all applicable fees to use a community room or conference room required pursuant to Appendix A of this Code upon reservation. No refunds will be made for any reservation cancelled by the user within two weeks of scheduled use.

(d)     No part of the library building is to be reserved for the exclusive use of anyone, nor shall entry or reservation be denied on the grounds of race, color, national origin, creed, religion, political belief, sex, sexual orientation, age or disability.

(e)     The user shall perform all cleaning in accordance with the room rental agreement, on file with library staff, at the conclusion of use and shall be responsible for the cost of any damage to the rooms or facility. The City may retain any portion of the cleaning/damage deposit, required pursuant to Appendix A, necessary to cover actual cost of repairs, up to the full amount of the deposit. Any damages to the rooms or facility beyond the amount of the cleaning/damage deposit will be the responsibility of the user, and the user shall reimburse the City for the actual cost of all repairs.

(f)     Any user of the library community room or conference room shall sign an agreement to indemnify and hold harmless the City, its officers, employees, agents and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of use.

(g)     Failure to comply with the above rules will result in forfeiting the right to use the community room, or conference room, and all fees paid.

   Sec. 1.09.008     Miscellaneous fees

Fees for interlibrary loans between the Library and other libraries and for use of miscellaneous library materials by patrons may be assessed by library staff in accordance with Appendix A.

(Ordinance CO05-18-12-13-E1 adopted 12/13/18)

   ARTICLE 1.10 PARKS, ARTS, AND COMMUNITY ENRICHMENT (PACE) ADVISORY BOARD*

   Sec. 1.10.001     Establishment of board; roles and responsibilities

The City's Parks, Arts, and Community Enrichment (PACE) Advisory Board (the “board”) is hereby created and established for the purpose of assisting with the development and promotion of a comprehensive cultural and recreational enrichment program for the City and shall have the following roles and responsibilities:

(1)     The board shall promote the beautification, economic vitality, and attractiveness of the City through arts, culture and recreation.

(2)     The board shall work towards providing a high quality of life for residents and creating a unique and positive experience for visitors.

(3)     The board shall advise the City Council on the development, maintenance, protection and enhancement of public art, which shall include all art or artwork purchased, commissioned, owned or displayed by the City through the City's public art program for the public's enjoyment; matters pertaining to the acquisition, planning, and development, of all parks and recreation facilities and leisure activities on municipal grounds; and on other projects pertaining to community enrichment.

(4)     The board shall evaluate programs and facilities that may be incorporated within the scope of parks and recreation, public art, and community enrichment.

(5)     The board shall assist with the development and implementation of the parks and recreation and public arts master plans.

   Sec. 1.10.002     Youth program standards of care

The City Council hereby adopts the City Parks and Recreation Department youth programs standards of care duly filed with the City Secretary's office.

   Sec. 1.10.003     Number of members, appointments, terms

(a)     The board shall be composed of seven (7) members, all of whom shall be residents of the City and appointed by the City Council. The members shall serve staggered two-year terms with seats 1, 3, and 5 running from August 1st to July 31st of odd-numbered years and seats 2, 4, 6, and 7 running from August 1st to July 31st of even-numbered years and until their successors have been appointed and qualified.

(b)     A board position shall become vacant if the board member fails to attend three (3) consecutive board meetings without being excused by the board.

(c)     It is the public policy of the City that the board shall reflect the composition of the community and be balanced according to expertise, interest and geography. Board appointments shall be made without regard to race, sex, religion or national origin.

(d)     The board shall adopt bylaws regulating its activities and shall elect officers to more efficiently conduct its business.

   Sec. 1.10.004     Officers

The board shall have a Chair, Vice-Chair, and Secretary, whose term shall be one (1) year. The Chair, Vice-Chair, and Secretary shall be elected by the board members. The chair shall preside over meetings and shall be entitled to vote upon each issue. The Vice-Chair shall assist the Chair in directing the affairs of the board. In the absence of the chair, the Vice-Chair shall assume all duties of the chair. The Secretary shall assume the duties of the Chair in the absence of the Chair and Vice-Chair.

   Sec. 1.10.005     Vacancies; removal

When vacancies occur on the board, the City Council shall appoint, by majority vote, a replacement to serve the remainder of the term. Each board member serves at the pleasure of the City Council and may be removed at the discretion of the City Council.

   Sec. 1.10.006     Funding

(a)     All monies appropriated for public art program purposes shall be transferred into a public art program fund, which shall be maintained separately from other City funds.

(b)     Public art program funds shall be used for artists' fees and costs related to the production, installation, and maintenance of artwork. Funds may be used for costs associated with the promotion of and administration of board projects and programs.

(c)     For each eligible capital improvement project, one percent (1%) of the total of all appropriated engineering, design and construction costs, less all costs for demolition and real property acquisition, and exclusive of any subsequent amendments or change orders, shall be allocated at the time of project appropriation to the City's public art program fund for the purpose of funding the public art program. 0.95% of the one percent (1%) allocation shall be used for the costs associated with public art, including, but not limited to, the acquisition and deaccessioning of public art, and the costs of selection, installation, administration, community education, and registration of public art. 0.05% of the one percent (1%) allocation shall be used for the maintenance and conservation costs associated with public art.

(d)     For purposes of this section, “eligible capital improvement project” shall mean a project with a total budgeted allocation not less than $50,000.00 that is funded wholly or in part by voter-approved general obligation bonds for construction, renovation or remodeling of any public building, structure, or park, and for which the authorizing ballot language expressly identified the 1% allocation for the public art program, with the exception of the following projects: water, sewer and other utility fund projects; land acquisition; projects consisting solely of the purchase or installation of equipment, including, but not limited to, lighting, traffic signals, signage, underground utilities, electronics, playground, equipment, or HVAC; and projects involving the resurfacing, repainting, roofing or overlay of existing streets, sidewalks, trails, parking lots, buildings, or structures.

(e)     City water customers may elect to make a voluntary monthly donation in an amount of their choice to be deposited in the public art program fund with the payment of the customer's water utility bill. The donation is strictly voluntary and will be made available to all City water customers who pay their bill in person, via mail, or online.

(f)     Hotel occupancy tax revenues collected pursuant to article 10.03 of this code may be used for board projects in accordance with state law and support of the City's Tourism Advisory Board.

(g)     Type B tax revenue may be eligible for board projects contingent upon the approval of the City's Community Development Corporation (type B board).

(h)     Pursuant to section 12.20.001(a) of this Code, parks and recreation projects may receive funding from parkland cash contributions paid in lieu of property dedication.

(i)     Voluntary donations from organizations or individuals in the form of monetary gifts, personal property, or real property may also be accepted and used to support and fund PACE.

(j)     The combining of the multiple funding sources may be used to fund board projects pertaining to both parks and recreation and public arts.

   Sec. 1.10.007     Open meetings

All meetings of the board shall be held in conformance with the Texas Open Meetings Act, as amended. The minutes of each board meeting shall be filed with the office of the City Secretary.

(Ordinance CO33-19-09-12-E2, sec. 1, adopted 9/12/19)

   ARTICLE 1.11 PUBLIC INFORMATION REQUESTS

   Sec. 1.11.001     Charge for public information

(a)     Each person requesting copies of public information shall pay a fee for such copies, said fee to be calculated in accordance with the rules promulgated by the Texas Attorney General of the state governing charges for public information, as they exist now and as may be amended. Where appropriate under the rules of the Texas Attorney General and the laws of the state, as they exist now and as may be amended, a charge shall also be imposed for access to public information.

(b)     The City Manager or designee may provide copies of public information or access to public information free of charge or at a reduced charge if it is determined that waiver or reduction of the charge is in the public interest because providing the copy of the information primarily benefits the general public. In addition, the City Manager or designee may waive the charge for copies of or access to public information if the cost of processing the collection charge will exceed the amount of the charge.

   Sec. 1.11.002     Requests that include large amounts of employee or personnel time

(a)     After personnel of the City collectively have spent 36 hours of time producing public information for inspection or duplication for a requestor during the City's 12-month fiscal year (October–September), the City shall recover from the requestor any costs attributable to any further personnel time spent producing information for inspection or duplication from the requestor.

(b)     The charge for personnel costs incurred in processing a request for public information is $15 per hour. When applicable, the personnel charge will be prorated to recover the cost of personnel time spent complying with requests.

(c)     Personnel time will not be recovered for any time spent by an attorney, legal assistant, or any other person who reviews the requested information:

(1)     To determine whether the City will raise any exceptions to disclosure of the requested information under subchapter C of the Public Information Act.

(2)     To research or prepare a request for a ruling by the attorney general's office pursuant to subchapter G of the Public Information Act.

(Ordinance CO67-07-12-06-3B, sec. 2, adopted 11/6/07)

   Sec. 1.11.003     Charge for municipal court records

(a)     Each person requesting copies of Municipal Court records shall pay a fee for such copies, said fee to be calculated in accordance with the rules promulgated by the Texas Attorney General of the state governing charges for public information as they exist now and as may be amended. Where appropriate under the rules of the Texas Attorney General and the laws of the state as they exist now and as may be amended, a charge shall also be imposed for access to Municipal Court records.

(b)     Notwithstanding subsection (a) of this section, a person shall not be charged for copies of Municipal Court records requested in conjunction with a Municipal Court case to which that person is a party. For purposes of this section, a person is a party to a Municipal Court case if the person is a complainant or defendant in the case or if the person is a representative of a complainant or defendant in the case.

(c)     The judge of the Municipal Court may provide copies of Municipal Court records or access to Municipal Court records free of charge or at a reduced charge if it is determined that waiver or reduction of the charge is in the public interest because providing the copy of the information primarily benefits the general public. In addition, the judge may waive the charge for copies of or access to Municipal Court records if the cost of processing the collection charge will exceed the amount of the charge. Finally, the judge may waive or reduce the charge for copies of or access to Municipal Court records if it is determined such waiver or reduction is in the interest of justice.

(d)     The clerk of the Municipal Court may waive the charge for copies of or access to Municipal Court records if the cost of processing the collection charge will exceed the amount of the charge.

(Ordinance CO67-07-12-06-3B, sec. 3, adopted 11/6/07)