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 Granbury 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 Granbury, Texas,” and may be so cited.

   Sec. 1.01.003     Catchlines of articles and sections

The catchlines of the several articles 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 Granbury, 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 of Granbury, Texas.

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

County. The term “county” or “this county” shall mean the County of Hood, 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. Each is 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, hereinafter 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 ordinance material into appropriate subdivisions;

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

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

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

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

   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)

   ARTICLE 1.02 PERMITS NOT GRANTED WHEN DELINQUENT DEBTS OR OBLIGATIONS OWED TO CITY

No permit, license or privilege shall be granted nor monies paid from the treasury of the city to any person, firm, partnership, association, corporation, company, organization, or to any agent, representative or contractor acting to the benefit of any person, firm, partnership, association, corporation, company or organization owing delinquent taxes, delinquent paving assessments, delinquent utility services payments or any other delinquent debt or obligation to the city or to the municipal utilities until the debt or obligation owed has been discharged by payment, or an arrangement satisfactory to the city manager has been made for the payment of such debt or obligation; except that no monies due from the city in payment of purchases made or services rendered shall be withheld under the provisions herein. For the purposes of this section, the debt or obligation of one spouse shall be considered the debt or obligation of the other spouse as well. (1991 Code, sec. 1.800)

   ARTICLE 1.03 CLAIMS AGAINST CITY*

   Sec. 1.03.001     Filing notice

(a)      Personal injury. The city shall never be liable for any personal injury, whether resulting in death or not, unless the person injured or someone in his behalf, or in the event the injury results in death, the person or persons who may have cause of action under the law by reason of such death injury, shall file a notice in writing with the city manager or city secretary within sixty (60) days after the same has been received, stating specifically in such notice when, where and how the exact injury occurred and the full extent thereof, together with the amount of damages claimed or asserted.

(b)      Personal property. The city shall never be liable for any claim for damage or injury to personal property unless the person whose personal property has been injured or damaged, or someone in his behalf, shall file a claim in writing with the city manager or the city secretary within sixty (60) days after said damage or injury has occurred, stating specifically when, where and how the injury or damage occurred and the full extent thereof, and the amount of damage sustained.

(c)      Real property. The city shall never be liable for any claim for damage or injury to real property caused by the negligent act or omission of its officers, servants, agents or employees, unless the person whose real property has been injured or damaged, or someone in his behalf, shall file a claim in writing with the city manager or city secretary within sixty (60) days after said damage or injury has occurred, stating specifically when, where and how the injury or damage occurred and the amount of damage claimed.

   Sec. 1.03.002     Proper diligence of city

(a)      The city shall never be liable on account of any damage or injury to person or to personal property arising from or occasioned by any defect in any public street, highway, alley, grounds or public work of the city unless the specific defect causing the damage or injury shall have been actually known to the city manager at least twenty-four (24) hours prior to the occurrence of the injury or damage, or unless the attention of the city manager shall have been called thereto by a notice thereof in writing at least twenty-four (24) hours prior to the occurrence of the injury or damage and proper diligence has been exercised to rectify the defect.

(b)      The notice herein required to be given to the city manager of the specific defect causing the damage or injury shall apply where the defect arose from any omission of the city itself, through its agents, servants or employees, or acts of third parties.

   Sec. 1.03.003     City not required to give bond          

It shall not be necessary in any action, suit or proceeding in which the city is a party, for any bond, undertaking or security to be executed in behalf of said city; but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if bonds, undertaking or security had been given, and the city shall be liable as if such obligation had been duly given and executed.

(1991 Code, sec. 1.900)

   ARTICLE 1.04 PARK REGULATIONS

   Sec. 1.04.001     Definitions

As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

Director of parks. The city services director shall serve as director of parks until a director is appointed. References in this article to the director of parks shall include the city services director or his/her designee.

Park. A public park, playground, recreation center, or any other area in the city owned or used by the city and devoted to active or passive recreation.

Vehicle. Any wheeled conveyance, whether motor-powered, animal-drawn, or self-propelled. The term shall include any trailer in tow of any size, kind, or description. Exception is made of baby carriages and vehicles in the service of the city parks.

Watercraft. Any vessel used for traveling on water, whether motor/jet-powered (motorized), or self-propelled (nonmotorized). The term shall include, but is not limited to motorboats, jet boats, personal watercraft (i.e.: jet ski or seadoo), rowboats, canoes, kayaks and large rafts.

   Sec. 1.04.002     Park property

(a)     Buildings and other property.

(1)     No person shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts of appurtenances thereof, signs, notices, or placards whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment facilities or park property or appurtenances whatsoever, either real or personal.

(2)     No person shall fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition.

(3)     No person shall dig, or remove any soil, rocks, stones, trees, shrubs, or plants, or materials, or make any excavation by tool, equipment or other means or agency, or in any other manner deface the natural integrity of any area.

(b)     Trees, shrubbery, lawns. No person shall damage, cut, carve, transplant, or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant. A person shall not dig or otherwise disturb grass areas, or in any way injure or impair the natural beauty or usefulness of any area.

(c)     Wild animals, birds, etc. No person shall hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any animal, reptile or bird. Exception to the foregoing is made in that snakes known to be deadly poisonous, such as rattlesnakes, moccasins, coral snakes, copperheads or other deadly reptiles, may be killed on sight.

(d)     Overnight parking and camping prohibited. Overnight parking or camping is prohibited unless an area is specifically designated for camping.

(e)     Docking, mooring of watercraft.

(1)     Watercrafts shall be docked or moored only at structures and facilities that are designed for such purpose and are designated as docks or mooring points.

(2)     No watercraft of any type shall be moored, tied or secured by any means to the breakwater at City Beach Park.

(3)     Overnight docking or mooring of watercraft of any type in city parks is prohibited.

(Ordinance 09-392 adopted 7/7/09)

(f)     Pets and animals prohibited at City Beach Park.

(1)     No person shall bring or keep a pet or other animal on the property of the City Beach Park on Pearl Street for any purpose, whether or not the pet or animal is on a leash or otherwise restrained.

(2)     It is an affirmative defense to prosecution under this section if the person brings or keeps a pet or other animal on the property of the City Beach Park in conjunction with an event which has been previously approved by the city council, unless the person is a mere spectator.

(Ordinance 14-597 adopted 2/25/14)

(g)     Park curfew. A curfew is hereby established for all city-owned and/or operated parks within the city. No person shall use any city park for any purpose nor be present in any city park between the hours of 11:00 p.m. and 5:00 a.m. except as follows: The curfew at City Beach Park in the 600 Block of East Pearl Street is hereby established to prohibit any person from using City Beach Park for any purpose or being present in City Beach Park between the hours of 12:00 a.m. and 5:00 a.m.

(h)     Exceptions.

(1)     Exceptions to subsections (d), (e), (f) or (g) of this section shall be considered only when a request is submitted in writing to the chief of police or director of parks of this city. Exceptions shall be granted only when deemed to be reasonable and for legitimate purposes such as professional filmmaking or photography, special events, or when persons have a need to camp or stay beyond curfew in said park for security purposes or for purposes of repair or maintenance of park facilities.

(2)     Any person or persons launching or loading a boat on Lake Granbury at any public boat ramp is expressly exempted from this curfew and no written request or written permission is required.

   Sec. 1.04.003     Sanitation

(a)     Pollution of waters. No person shall throw, discharge, or otherwise place or cause to be placed in the water of any fountain, pond, lake or other body of water in or adjacent to any park any substance, matter, or thing, liquid or solid, which will or may result in the pollution of such waters.

(b)     Refuse and trash. No person shall have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters in the park or left anywhere on the ground thereof, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence, and property disposed of elsewhere. Glass bottles and containers of every type are expressly prohibited.

   Sec. 1.04.004     Traffic

(a)     State motor vehicle laws apply. No person shall fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this section and other ordinances.

(b)     Enforcement of traffic regulations. No person shall fail to obey all traffic officers and park employees, such persons being hereby authorized to direct traffic whenever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director of parks.

(c)     Obedience to traffic signs. No person shall fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking, and all other signs posted for property control and to safeguard life and property.

(d)     Speed of vehicles. No person shall ride or drive a vehicle at a rate of speed exceeding ten (10) miles per hour, except upon such roads as the director of parks may designate by posted signs for faster travel.

(e)     Operation confined to roads. No person shall drive any vehicle on any area except the designated park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas by the director of parks.

(f)     Parking.

(1)     No person shall park a vehicle in other than an established or designated parking area and such use shall be in accordance with the posted directions thereat and with instructions of any attendant who may be present. In the event there are no designated parking spaces in a given area, then no parking is available and none shall be permitted.

(2)     No person shall double park a vehicle on any road or parkway unless directed by a park official.

(g)     Bicycles.

(1)     No person shall ride a bicycle on other than a vehicular road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grass area or wooded trail or on any pathway reserved for pedestrian use.

(2)     Bicyclists shall, at all times, operate their machines with a reasonable regard for the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicle they may be meeting.

   Sec. 1.04.005     Recreational activities

(a)     Hunting and firearms. No person shall hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description including air rifles, spring guns, slings, or any other form of weapons potentially inimical to wildlife or dangerous to human safety or any instrument that can be loaded with or fire blank cartridges or any kinds of trapping device. Shooting into areas from beyond park boundaries is forbidden.

(b)     Picnic areas. No person shall picnic or lunch in a place other than those designated for that purpose. Activities in such areas shall be limited when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.

(c)     Availability. No person shall violate the regulations and use of the individual fireplaces together with tables and benches which follow generally the rule of “first come, first served.”

(d)     Nonexclusive use. No person shall use any portion of the picnic areas or any other building or structures therein for the purposes of holding picnics to the exclusion of other persons except with special permit from the director of parks.

(e)     Duty of picnicker. No person shall leave a picnic area before the fire is completely extinguished and before all trash in the nature of boxes, papers, cans, bottles, garbage and other refuse is placed in the disposal receptacles where provided.

(f)     Games. No person shall take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes except in areas set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball or quoits is prohibited except on the fields or areas provided therefor.

(g)     Horseback riding. No person shall ride a horse except on designated bridle trails if provided.

   Sec. 1.04.006     Prohibited behavior

(a)     Intoxicated person. No person shall enter or remain within any park while under the influence of intoxicating liquor, beverage or chemical substance.

(b)     Fireworks and explosives. No person shall bring or have in his possession or set off or otherwise cause to explode or discharge or burn any firecrackers, torpedo, rocket or other fireworks or explosives of inflammable material or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition shall not apply to fireworks display where special permit for same has been obtained.

(c)     Soliciting. No person shall solicit alms or contributions for any purpose whether public or private without the express consent of the city or of the park director.

(d)     Fires. No person shall build or attempt to build a fire except in such areas and under such regulation as made or designated by the director of parks. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes, cigars, tobacco paper or other flammable material within any park area.

(e)     Games of chance. No person shall gamble or participate in or abet any game of chance in the park areas.

(f)     Loitering and boisterousness. No person shall sleep or protractedly lounge on the seats or benches or other areas, engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior tending to incite a breach of the public peace.

(g)     Dangerous, unsafe and injurious conduct or activities.

(1)     No person shall climb, jump from, dive from or fish from the breakwater that serves to separate the swim area from the main body of the lake at City Beach Park.

(2)     No person shall use, ride or operate any motorized watercraft or device within the swim area at City Beach Park.

(3)     No person shall use, ride or operate any nonmotorized watercraft or oversized flotation devices, including but not limited to canoes, kayaks, and hard-shelled rafts within the swim area at City Beach Park. Personal and smaller flotation devices such as life jackets, inner tubes, float rings and small soft-sided pool rafts are permitted.

(4)     No person shall engage in any conduct or activity that a reasonable person would deem likely to cause damage to property or to be dangerous, unsafe and likely to cause injury or harm to any person, including the actor.

(5)     It shall be unlawful for any person to fail to promptly comply with any reasonable and lawful request, instruction or order from any peace officer, lifeguard, beach attendant, concession attendant or any other city employee or official designated or authorized to enforce rules, regulations and laws within city parks.

(6)     It shall be unlawful for any person to disobey any park rules, regulations and posted signage.

   Sec. 1.04.007     Merchandising, advertising, signs

(a)     Vending and peddling. No person shall expose or offer for sale any article or thing, or shall, by station or place or stand, or cart or vehicle for transportation, expose or offer for sale or display any such article or thing. Exception is hereby made as to regularly licensed concessionaire acting by and under the authority and regulation of the director of parks.

(b)     Advertising. No person shall announce, advertise or call to the public's attention in any way to any article or service for sale or hire unless in accordance with authorization of the director of parks.

(c)     Signs. No person shall paste, glue, tack or otherwise post any signs, placard, advertisement or inscription whatsoever nor shall any person erect or cause to be erected any sign whatsoever on any public land, or highway or roads adjacent to the parks without express authorization from the park director.

   Sec. 1.04.008     Consumption or possession for the purpose of consumption of any alcoholic beverage

(a)     No person shall consume or possess for the purpose of consumption in any park, any alcoholic beverage within the city limits.

(b)     For the purpose of this subsection, certain terms and words are hereby defined.

Alcoholic beverage. Any beverage containing more than one-half of one percent of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted.

Possession. In immediate custody.

(c)     It shall be an affirmative defense to prosecution under subsection (a) that the consumption or possession occurred at an event for which an event permit was issued pursuant to article 1.07 of this code. The alcohol must have been purchased at the event from a retailer possessing an appropriate state law license or permit to sell alcoholic beverages at the event.

   Sec. 1.04.009     Enforcement

(a)     Official. The director of parks and other authorized personnel shall, in connection with their duties imposed by law, diligently enforce the provisions of this article.

(b)     Ejectment. The director of parks and other authorized personnel shall have the authority to eject from the park any person acting in violation of this article.

(c)     Seizure of property. The director of parks and other authorized personnel shall have the authority to seize and confiscate any property, thing, or device in the park used in violation of this article.

   Sec. 1.04.010     Lease of advertising space on baseball field fences

(a)     Establishment of system.

(1)     Purpose of charge. The intent of the charge for advertising space on the fences of the baseball fields shall be to assist in providing for the improvement, rehabilitation and expansion of the parks within the city.

(2)     Payment of charge. Prior to the installation of any new, or renewed advertising signage on the aforementioned fences, a fee shall be paid at the city offices. Lease for advertising space shall be renewable on a yearly basis, and such fees shall be due April 1 of each year.

(3)     Amount of charges. The advertising fee shall be established by resolution of the city council.

(4)     Accounting. All fees generated by this subsection shall become part of the parks department budget.

(5)     Maintenance. The city reserves the right to remove any sign which becomes unsightly or damaged. Repair of damage or renewal of paint shall be the sole responsibility of the advertiser.

(b)     Criteria for signs.

(1)     Each space offered for lease shall be four (4) feet in height and eight (8) feet in length. Should a potential advertiser wish only a portion of this space, it shall be his responsibility to obtain others of like mind to share the total space. There shall be no additional charge for the multiple users of one space.

(2)     Each sign shall be provided by the prospective advertiser, and shall be constructed of dura-ply plywood one-half (1/2) inch in thickness, painted in such a way as to be as weatherproof as possible.

(Ordinance 09-392 adopted 7/7/09)

   ARTICLE 1.05 AIRPORT

   Division 1. Generally

   Sec. 1.05.001     Standards of construction at municipal airport

The following standards are hereby adopted for construction of the municipal airport:

(1)     All enclosed buildings must have concrete floors.

(2)     Open hangars must have HMHL asphalt floors or concrete floors.

(3)     Hangars must be of a minimum size to house ten (10) planes and in case of an open hangar must have enclosed ends.

(4)     Each fixed base operator may construct a maximum of one (1) ten-plane unit with open-type construction.

(5)     Buildings must comply with standards of the American Institute of Steel Construction “Specification for the Design Fabrication and Erection of Steel Buildings” and the American Iron and Steel Institute “Specification for the Design of Light Gauge Cold Formed Steel Structural Member.”

(6)     All construction must meet established codes of the city (electrical, plumbing, and building).

(7)     All fuel storage shall be placed in accordance with National Fire Protection Standards.

(8)     Minimum forty-foot ramp area and necessary taxiways must be paved in accordance with paving standards as established by city standard specifications (i.e., one and one-half (1½) inch HMHL pavement).

(1991 Code, sec. 3.108)

   Secs. 1.05.002–1.05.030     Reserved

   Division 2. Airport Board*

   Sec. 1.05.031     Established; membership; chairman

There is hereby established a board to be called the Granbury Municipal Airport Board (herein called the board), which shall consist of eight (8) regular members, two (2) ex officio (nonvoting) members, and one (1) alternate member. The regular members and alternate member of the board shall be appointed by the city council. A chairman for this board will be elected by the members of the board. The city manager shall designate staff representatives to serve as the ex officio members. (Ordinance 09-375, sec. 1, adopted 3/3/09)

   Sec. 1.05.032     Terms, vacancies, removal of members

Of the voting members first appointed to the board, four (4) shall be appointed for a term of one (1) year, and four (4) for a term of two (2) years. Thereafter, members shall be appointed for terms of two (2) years. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued unexcused absences of three (3) consecutive meetings of any member from regular meetings of the board shall, by the recommendation of the board and at the discretion of the city council, render any such member liable to immediate removal from office. (1991 Code, sec. 1.1302)

   Sec. 1.05.033     Quorum and conflict of interest

Five (5) voting members of the board shall constitute a quorum. No board member shall act in a case in which he has a personal interest. The alternate member has nonvoting status except when acting in the absence of a regular member. (Ordinance 09-375, sec. 2, adopted 3/3/09)

   Sec. 1.05.034     Records

A secretary of the board shall be elected by the members of the board. The secretary shall make a detailed record of all its proceedings which records shall set forth the reason for the board's decisions, the vote of each member participating therein, the absence of a member, and any failure of a member to vote. (1991 Code, sec. 1.1304)

   Sec. 1.05.035     Powers and duties

The board's powers and duties shall be as follows:

(1)     To advise the city council on issues pertaining to municipal airports;

(2)     To recommend policies in operation and maintenance of municipal airports;

(3)     To assist the city council in any decisions related to municipal airports including but not limited to creation of new municipal airports, financing of municipal airports, location of municipal airports and the size and capacity of municipal airports.

(1991 Code, sec. 1.1305)

   Secs. 1.05.036–1.05.060     Reserved

   Division 3. Municipal Airport Regulations

   Sec. 1.05.061     General provisions

(a)     Introduction. This division prescribes minimum standards, rules and regulations for the conduct of commercial and noncommercial aeronautical activities at Granbury Municipal Airport (Cherry Field) and specifies certain clauses which will be included in lease/concession agreements permitting the conduct of commercial activities. The terms here shall be applied uniformly to all entities (as defined herein) operating on or desiring to operate from the above-named airport.

(b)     Applicability. These standards shall apply to all entities defined herein or as amended from time to time by the city. An entity, by operating on or from the airport, thereby consents to be bound by these standards.

(c)     Use of airport restricted. No person, partnership, firm, association, corporation or other entity, incorporated or otherwise, shall use the airport for any commercial activity, unless approved by a written permit from the city council or its duly authorized agent. Note: Individual aircraft owners may contract/hire maintenance personnel to come onto the airport for the purpose of maintaining/repairing their specific owned aircraft and may contract/hire certified flight instructors for the purpose of receiving flight instruction in their specific owned aircraft.

(d)     Noncompliance with minimum standards. Any person, corporation, or other entity who fails to comply with any provision of the minimum standards provided for in this division may, after due notice, be barred from using or operating on or from the airport.

(e)     Overriding right of owner. Any clause herein to the contrary notwithstanding, the city reserves the right to develop and make any improvement to the airport or to make any repairs to the airport or any facility thereon that it deems is in its and the flying public's best interest, and to make any change in any or all of the minimum standards or lease or rights granted, retroactively when required by the Federal Aviation Administration (FAA) for compliance with the applicable grant provisions or related governmental policies, and prospectively otherwise.

(f)     Standards and leases subordinate to agreements with state and United States. The airport was developed with aid from the state and the United States. These grants include a number of obligations and commitments to the general and flying public, to said state and to the United States. Any provision of these standards, any lease, or any practice carried out on or for the airport shall be subordinate to, and if at variance with the grant requirements, unilaterally reformable at owner's or FAA's option for conformity with these grants.

(g)     Compliance with airport plans and documents. The city and the FAA have on file a copy of the most recent FAA approved airport layout plan and airport action plan for the airport. All development and activities on and proposed leases of portions of the airport must be in conformity with these documents, and with any other applicable documents approved by the city council.

(h)     Knowledge of rules implied. By publication and adoption of this division, all persons shall be deemed to have knowledge of its contents. However, the airport manager is directed to have copies of the division printed and posted where appropriate at the airport. Individual copies shall be available at all times in the office of the city secretary located at 116 West Bridge Street, Granbury, Texas, 76048, phone number 817/573-1114.

(i)     Penalty for violation. The airport manager may deny use of the airport for a period not exceeding fifteen (15) days for any person violating or refusing to comply with any of the rules or regulations prescribed herein pending a hearing by the city council. Upon such hearing, such person may be deprived of the further use of the airport and its facilities for a period of time as may appear necessary for the protection of life and property. Any violation of this division shall be a misdemeanor, and upon conviction, be punishable by a fine not exceeding two hundred ($200.00) dollars, and each day a violation continues to exist shall constitute a separate offense. This subsection is cumulative of all other penalties for violation of federal, state, and local laws, rules, regulations, ordinances, and orders. Citation for violation or issuance of a violation ticket of any of the rules and regulations prescribed herein may be made by any authorized police officer.

(j)     Compliance by current operators. Any entity currently operating a business on or from the airport on the date this division is enacted (5/5/02) shall have a maximum transition period of six (6) months from that date in which to meet all applicable requirements and standards of the division.

(1991 Code, sec. 1.2201)

   Sec. 1.05.062     Definitions and terms explained

As used in these regulations the following terms shall have the following meanings:

Aircraft. Devices that are used or intended to be used for flight in the air including, but not limited to, powered fixed wing airplanes, gliders, helicopters, gyro-copters, airships, free balloons and ultralights.

Aircraft maintenance. The repair, alteration or inspection of aircraft.

(1)     Major repairs. Major alterations to the airframe, power plant, propeller, and accessories as defined in part 43 of the Federal Aviation Regulations.

(2)     Minor repairs. Routine and annual inspections, with attendant maintenance, and repair, calibration or adjustment of aircraft and their accessories.

Airport. The entirety of the Granbury Municipal Airport

Airside, or rampside. That part of the airport normally within a controlled access perimeter composed of fences and structures that is designated for the movement, parking and hangaring of aircraft. The only vehicular traffic normally permitted airside/rampside consists of emergency vehicles, law enforcement vehicles, airport official's vehicles, and private vehicles going directly to and from hangared aircraft via designated routes.

Building. The main portion of each structure, all projections or extensions therefrom and any additions or changes thereto, and shall include garages, outside platforms, docks, carports, canopies, eaves and porches.

City. As used herein shall mean the City of Granbury, Texas. Where approval, enforcement or other act on the part of the city is referred to herein, the city shall act by and through its city, unless otherwise specifically indicated.

Commercial aeronautical activity. Any commercial activity which relates to the operation of aircraft. Such activity includes, but is not limited to, charter operations, pilot training, aircraft rental, aerial sightseeing, aerial photography, crop dusting, aerial advertising, aerial surveying, air taxi operations, aircraft sales and service, sale of aviation petroleum products, repair and maintenance of aircraft, the sale of aircraft parts, avionics installation and repair, aircraft upholstery, aircraft painting, and aircraft storage.

Commercial operator. An entity which provides any commercial aeronautical activity to the public as a normal part of its business operations.

Entity. A person, firm, corporation or partnership, incorporated or unincorporated.

Equipment. All machinery, together with the necessary supplies, tools and apparatus necessary to the proper conduct of the activity being performed.

Exclusive rights. The power, privilege or right of excluding or debarring another from enjoying or exercising a like power, privilege, or right by other means. The granting of an exclusive right to conduct a commercial aeronautical activity on an airport developed or improved with federal funds is expressly prohibited by law.

FAA. Federal Aviation Administration.

Fixed base operator (FBO). An entity which maintains facilities at the airport for the purpose of engaging in the retail sales of aviation fuels and associated line services and may engage in one or more commercial aeronautical activities, the most common being repair and maintenance of aircraft. When there is no commercial FBO on the airport, the city will directly provide the FBO functions of retail sales of aviation fuels and associated line services, aircraft parking and tie-downs, and hangar rentals.

Groundside/streetside. That part of the airport outside the controlled access perimeter that designates the airside/rampside. Ground side activities normally include public street access, vehicular parking and pedestrian access to the terminal and airport businesses.

Improvements. All buildings, structures, and facilities including pavement, fencing, signs and landscape constructed, installed or placed on, under or above any leased area by or with the concurrence of a lessee.

Lease. A contractual agreement between the city and an entity granting a concession or otherwise authorizing the conduct of certain activities which is in writing and enforceable by law.

Noncommercial operator. An entity that provides any commercial aeronautical activity but on an individual contract basis and does not offer such services to the public as a normal part of its business operations

Operator. An entity who does business on airport property.

Permittee. Individual or entity given written permission constituting a “permit.”

Ramp or apron. A paved area suitable for aircraft parking.

Repair facility. A facility utilized for at least one or more of the following: the repair of aircraft to include airframe, power plant, propellers, radios, instruments and accessories. Such facility will be operated in accordance with pertinent FAA regulations.

Sublease. Lease granted by a lessee, with permission from the city, to another entity of all or part of the property.

Tenant. Any individual or other entity leasing land or facilities on the airport or doing business from the airport.

Tie-down. A paved ramp/apron, suitable for parking of aircraft, wherein suitable tie-down knots have been located.

(1991 Code, sec. 1.2202)

   Sec. 1.05.063     Airport management

(a)     City manager. The city manager is ultimately responsible for the financially sound, efficient and orderly operation and management of the airport, and for compliance with all applicable FAA, state and local requirements, including this division, as they apply to airport operations. General oversight may be delegated to a designated member of his staff. He will prepare, or have prepared, at least each quarter, a financial report clearly showing all income and expenses associated with airport operations.

(b)     Airport manager. The airport manager reports directly to the city manager, or to a staff member designated by the city manager. The airport manager's responsibilities include:

(1)     The daily safe and efficient operation of the airport.

(2)     Informing the FAA and/or other applicable sources of changes that affect airport safety, operations or services via issuance of a notice to airmen (NOTAM) or other appropriate correspondence or communication.

(3)     The development, maintenance and currency of an airport emergency response plan that shall include, as a minimum, actions to take in response to an aircraft accident, overdue aircraft, or fire on airport property, and the training of airport employees as deemed necessary.

(4)     Providing of FBO type services, when offered by the city, to specifically include fuel and oil sales and associated line services, and hangar and tie-down rentals.

(5)     The supervision of all city airport employees.

(6)     The appearance and maintenance of all airport grounds and properties not leased to FBOs or commercial or noncommercial operators.

(7)     Proper use, maintenance and cleanliness of all city vehicles and equipment designated for airport use.

(8)     The safeguarding, management, accounting for, and forwarding of all funds received or expended by employees at the airport.

(9)     Compliance with all applicable FAA, state and local requirements as they apply to airport operations and operations from the airport.

(10)     Compliance with this division, and all leases associated thereto, by city employees, airport tenants, the flying public and other airport users.

(11)     Periodic inspection of tenant facilities to ensure compliance with these standards and lease agreements.

(12)     Maintaining a file for documents, for public review, pertinent to operation of this airport. It should include a copy of this division, sample leases, airport land use plan, airport action plan and other applicable documents.

(13)     Maintaining a current list of airport tenants, hangar renters, etc., to include normal and emergency contact information.

(14)     Maintaining a current hangar waiting list based on a fair and equable assignment system.

(15)     Maintaining, in a secure manner, keys to access each enclosed T-hangar for use in an emergency or to check for an overdue aircraft.

(16)     Resolution, to the maximum extent practical, of conflicts and complaints concerning the airport and its operation and tenants, and for the forwarding to the next level of supervision those complaints he cannot resolve.

(17)     Advising the city staff and city council on airport and related matters.

(18)     Attending airport advisory board meetings, and informing and advising the board as appropriate.

(19)     Attending airport tenant meetings, and informing and advising the group as appropriate.

(20)     Keeping airport tenants and users informed of current policies, changes, issues and procedures affecting the airport.

(21)     Aggressively and continuously seek ways to improve airport services and operations.

The airport manager shall, at all times, have authority to take necessary and legal actions to safeguard any person, aircraft, equipment or property on the airport, and shall have authority to accomplish each item designated above, and elsewhere throughout this division.

(c)     Granbury Municipal Airport Board. As per the city Ordinance No. 90-401 in division 2 of this article and section 1.05.035, powers and duties, the Granbury Municipal Airport Board's powers and duties are as follows:

(1)     To advise the city council on issues pertaining to municipal airports;

(2)     To recommend policies in operation and maintenance of municipal airports;

(3)     To assist the city council in any decisions related to municipal airports including but not limited to creation of new municipal airports, financing of municipal airports, location of municipal airports and the size and capacity of municipal airports.

(1991 Code, sec. 1.2203)

   Sec. 1.05.064     General policy, rules and regulations

(a)     General rules and regulations. The following rules and regulations shall be observed in the use, operation, and conduct of the airport:

(1)     Federal air traffic rules of the Federal Aviation Administration (FAA). For aircraft operated within the United States, and presently or hereafter effective, such rules are hereby referred to, adopted, and made a part hereof as though fully set forth and incorporated herein.

(2)     Surreptitious activities. Any person observing suspicious, unauthorized or criminal activities shall report such activities immediately to the airport manager, local police, officers of the state department of public safety, or other law officers.

(3)     Wrecked aircraft. Every aircraft owner, his/her pilot, or agents, shall be responsible for notifying FAA and promptly removing disabled or wrecked aircraft from the operational areas of the airport, under the direction of the airport manager.

(4)     Repairs to aircraft. No aircraft shall be repaired on any part of the landing or takeoff area. All outside repairs shall be made only at places designated by the airport manager for such purpose. Major engine, airframe, or avionics repairs shall be conducted by a properly licensed mechanic within a hangar or building rented, leased, or owned for such commercial purposes. Any preventive maintenance authorized by FAR part 43 may be made by the owner or operator of any aircraft, but only within a hangar leased or owned by that aircraft owner or operator, or at places designated by the airport manager for such purpose.

(5)     Damage to airport. Any person, individual or corporation or the owner of any aircraft causing damage of any kind to the airport, whether through violation of any of these rules, through vandalism, or any act of negligence, shall be liable therefor in and to the city.

(6)     Injury to person. Persons entering upon the airport groundside property by automobile, other vehicular conveyance, or pedestrian traffic (does not include person in aircraft using approved airside facilities) do so at their own risk and with no liability incurring to the city for any injury or damage to person or property. Further, any person desiring to use the airport shall observe and obey all valid laws, resolutions, orders, rules and regulations promulgated and enforced by the city or by any other authority having jurisdiction over the conduct and operation of the airport.

(7)     Licensed pilots. Only properly registered aircraft and persons holding current appropriate airman and medical certificates issued by the FAA shall be authorized to operate aircraft upon the airport except as provided in this division. This limitation shall not apply to students in training under supervision of certificated flight instructors nor to public aircraft of the federal government or of a state, territory, or political subdivision thereof, or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. Note: Use of the airport by ultralight aircraft shall be subject to approval by the airport manager and shall be in accordance with FAR part 13 and any other applicable rules established by the city.

(8)     Registration. Each person owning an aircraft based at the airport, employed, or receiving instruction at the airport shall register at the office of the airport manager their name, address, telephone number, aircraft model, aircraft registration “N” number, and the name, address, and telephone number of their next of kin or other person to be notified in case of an accident or emergency.

(9)     Intoxicants and narcotics prohibited. No person under the influence of any intoxicant, narcotic, or other illicit drug shall operate or fly in any aircraft upon or from the airport. Such prohibition shall not apply to a passenger under the care of a medical doctor and accompanied by a doctor, nurse, or caretaker.

(10)     Foreign objects. No foreign objects, including bottles, cans, scrap, nuts, bolts, nails, or any object that may cause damage to an aircraft, shall be left upon the floor of any building or upon any part of the surface area of the airport. Individuals are encouraged to pick up such foreign objects when observed and place them in a trash receptacle.

(b)     Vehicle operations.

(1)     Vehicular traffic. All vehicular traffic on the airport shall be confined to streets, roads, and avenues of passage designated and provided for that purpose and shall not be operated at a speed in excess of ten (10) miles per hour. Official vehicles only will be driven on the landing area. Such official vehicles will have a ground to air radio transceiver (portable) tuned to the local common traffic advisory frequency (CTAF) and a flashing beacon light mounted on the roof of the car or a checkered orange and white flag mounted on the front bumper of the vehicle. Special use vehicles such as police, ambulance, hearse, or delivery van may be driven on the airside with the permission of the airport manager. An aircraft owner who rents a private hangar shall use designated routes to and from that hangar and may park his/her vehicle in that hangar while on an aircraft trip.

(2)     Vehicle parking. The airport manager shall designate parking areas and “no parking” zones as needed for orderly traffic flow on airport property. Airside parking shall be restricted to only those vehicles authorized airside access, and only in approved parking areas.

(c)     Tie-down of aircraft.

(1)     All aircraft not hangared shall be tied down and the wheels chocked at night and during inclement weather.

(2)     All aircraft owners or their agents are responsible for the tie-down or security of their aircraft at all times and particularly during inclement weather.

(3)     Aircraft parked overnight on the transient apron shall pay a tie-down fee, amount set by the airport manager, for each night, except that such fee may be waived upon purchase of fuel or services.

(d)     Running aircraft engines.

(1)     Aircraft not equipped with adequate brakes shall not be started until the wheels have been set with chocks attached to ropes or other suitable means of removing them.

(2)     No aircraft engine shall be left running without a qualified person at the controls.

(3)     No aircraft engine shall be started or run inside any building or hangar, nor under an open T-hangar.

(4)     No engine shall be started, run up, or warmed up until and unless the aircraft is in such position that the propeller stream or jet blast will clear all buildings, other aircraft, and people.

(e)     Damage to runway lights. Any person damaging any runway or taxiway light or fixture by operation of an aircraft, or otherwise, shall immediately report such damage to the airport manager. Persons causing damage to runway and taxiway lights as a result of negligent operation of an aircraft or willful acts will be liable for replacement cost of the light(s) and/or fixture(s) and may be charged with a misdemeanor as provided in section 1.05.061 hereunder.

(f)     Taxiing aircraft.

(1)     No person shall taxi an aircraft until he/she has reasonably ascertained there will be no danger of collision with any person or object in the immediate area.

(2)     Aircraft shall be taxied at a safe and prudent speed and in such manner as to be under the control of the pilot at all times.

(3)     Aircraft not equipped with adequate brakes shall not be taxied near buildings or parked aircraft unless an attendant (wing-walker) is at a wing of the aircraft to assist the pilot.

(4)     Aircraft shall not taxi onto the runway from the ramp area or taxiway if there is an aircraft on final approach to land or on the ground in takeoff position. Aircraft waiting on the taxiway for another aircraft to take off or land shall remain behind the runway holding position markings. All aircraft shall visually scan for landing and takeoff traffic before taxiing onto the runway.

(5)     Aircraft shall not be taxied by engine power into or out of a hangar or T-hangar, to include open T-hangars.

(g)     Parking aircraft.

(1)     Unoccupied aircraft shall not be parked or tied down within any protected area (object fee area, safety area, etc.) as described in FAA AC 150/5300-13 and all aircraft not hangared shall be parked in the areas designated by the airport manager for that purpose.

(2)     Aircraft shall not be parked within fifty (50) feet of an aircraft fuel pump or fuel service truck parking area.

(3)     Aircraft shall not be parked in such a manner as to hinder the normal movement of other aircraft and traffic unless specifically authorized by the airport manager as an emergency measure.

(4)     It is the responsibility of the pilot when leaving a parked aircraft unattended to see that the brakes are set and/or it is properly chocked and/or tied down.

(h)     Loading/unloading aircraft. Pilots are prohibited from loading or unloading aircraft with the engine running, except as stated herein.

(i)     Takeoff and landing rules.

(1)     Authority to suspend operations. The airport manager may suspend or restrict any or all operations whenever such action is deemed necessary in the interest of safety, provided operations under instrument meteorological conditions may be continued by properly instrument-rated pilots following appropriate instrument flight rules.

(2)     Active runway. If the winds are calm or at a ninety-degree crosswind to runway 14/32, the preferred takeoff and landing is runway 14.

(3)     Direction of traffic. The traffic pattern for RW14 is right traffic, and for RW32, left traffic.

(4)     Traffic pattern altitude. Traffic pattern altitude at the airport is 823 feet above ground level (AGL), which is 1600 feet above mean sea level (MSL) elevation.

(5)     Clearing obstacles. No aircraft shall land or take off in such manner as to clear any public street or highway at an altitude of less than fifteen (15) feet, or twenty-three (23) feet over a railroad, nor land or take off on the taxiway or over hangars or other structures, automobile parking areas, or groups of spectators.

(6)     UNICOM. All pilots with radio-equipped aircraft shall call on the Granbury UNICOM/CTAF frequency to receive traffic advisories and to announce their position and intentions for takeoff or landing.

(7)     Takeoffs on apron or taxiways. Takeoffs or landings shall not be made on the apron, parking ramp, or taxiway by any aircraft including rotary-wing or ultralight aircraft except by special permission of the airport manager.

(8)     Takeoffs allowed. Touch and go landings may be made at the discretion of the pilot. Pilots remaining in the pattern making touch and go landings should broadcast on the common traffic advisory frequency (CTAF) their pattern turns and their touch and go intentions after turning final.

(9)     Emergency Locator Transmitter (ELT).

(A)     Prior to takeoff and after landing it is recommended that pilots tune their aircraft radios to the emergency frequency (121.5 or 243.0) and listen to determine if their aircraft's emergency locator transmitter (ELT) is broadcasting. If the ELT is transmitting, as soon as possible after turning it off, advise the Fort Worth FAA Automated Flight Service Station that your ELT accidentally turned on at the approximate time and coordinates, if known, and the time and coordinates it was turned off.

(B)     If a pilot lands his/her aircraft at the airport, parks and locks or hangars his/her aircraft with the ELT transmitting and the airport manager determines such has occurred, the airport manager shall take immediate action to telephone and/or locate the pilot of the aircraft, advise him/her of the situation, and request that he/she return to the airport immediately and turn off the ELT. Should the airport manager be unable to locate the pilot or if the pilot is unable to return to the airport within a reasonable time to turn off the ELT, the airport manager, accompanied by a local peace officer, a civil air patrol officer, or an FAA representative, shall take the necessary action to turn off the ELT, provided the action does not result in damage to the aircraft. The aircraft owner shall be responsible for all charges associated with turning off the ELT.

(j)     Student training and practice flying.

(1)     Flight instructors shall inform students and themselves of all rules and regulations in effect at the airport.

(2)     By notices posted in his/her office, the airport manager may designate limited areas of the airport and local areas approved by the FAA for practice flying and training of students.

(3)     Aircraft shall not be permitted to remain on the landing or takeoff areas for the purpose of instruction when such activity would affect another aircraft flight or ground activity.

(k)     Special procedures.

(1)     The airport manager may, in the interest of safety, designate special traffic procedures for certain operations, such as helicopters, air shows, agricultural operations, gliders, ultralights, etc. Any such change from standard procedures shall be published in the FAA's Airport Facility Directory if it is of a permanent nature or the airport manager shall issue a NOTAM if such change is of a temporary nature.

(2)     Parachute jumping onto the airport property shall not be permitted without the recommendations of the airport manager and the written approval of the city manager.

(3)     Flying of model airplanes. Engine-powered model aircraft, cable or radio controlled, shall not be permitted to operate, take off or be launched from, flown over, flown in the terminal area of, or land at the airport, without specific permission of the airport manager.

(l)     Fire regulations and applicable rules.

(1)     Every person going onto the airport or using the airport or its facilities in any manner shall exercise the greatest care and caution to avoid and prevent fire.

(2)     Smoking or open flame within fifty (50) feet of any fuel tank, fuel pump, or fuel truck is prohibited.

(3)     Compressed flammable gas shall not be kept or stored upon the airport, except at such place as may be designated by the airport manager.

(4)     No flammable substance shall be used for the cleaning of any aircraft part or other thing inside a hangar, T-hangar, or other building upon the airport.

(5)     No one shall smoke or ignite a match or lighter in any building or hangar, except in posted “designated smoking areas” identified by the airport manager.

(6)     Hangar entrances shall be kept clear at all times.

(7)     The floors in all buildings shall be kept clean and free of oil. Volatile, flammable substances shall not be used for cleaning floors.

(8)     No boxes, crates, cans, bottles, paper, tall grass, weeds, unusable airplane parts or wreckage, scrap wood or metal, discarded airplane or automobile tires, trash, or other litter shall be permitted to accumulate in or about a hangar, building, or other leased space. If such trash and litter is permitted to accumulate around a privately owned, rented, or leased hangar/building, the airport manager shall notify the hangar/building owner, renter, or lessee in person or by registered letter to remove the offending litter. If, within ten (10) workdays after receipt of such notification, the hangar/building owner, renter, or lessee has not removed the trash and litter as directed, the airport manager may have the area cleaned and the cost for such cleaning shall be charged to the hangar/building owner, renter, or lessee.

(9)     Fueling safety shall be in accordance with section 1.05.065.

(1991 Code, sec. 1.2204)

   Sec. 1.05.065     Fueling requirement

(a)     Generally.

(1)     Aircraft shall not be fueled while the engine is running, while in a hangar or other enclosed place or while occupied by any person, except that an Ag spray aircraft on a fast turnaround may be fueled and loaded with chemicals with the aircraft engine idling if the airport manager has provided written authority to the Ag operator, the pilot remains at the controls, the aircraft's wheels are chocked, there are at least two 20B fire extinguishers within fifty (50) feet of the aircraft being serviced, and a qualified ground crew member is present during the fueling operation.

(2)     Prior to making any fueling connection to an aircraft, the fueling equipment (fuel pump, hydrant service, fuel truck) shall be bonded to the aircraft by use of a cable suitable for that purpose and approved by the local fire marshal. The bond shall be made prior to fueling and maintained until fueling is completed and fuel connections have been removed. In addition, when fueling overwing, the fueling nozzle shall be bonded with a nozzle bond cable having a clip or a male plug to a metallic component of the aircraft that is metallically connected to the aircraft fuel tank filler port or a female receptacle designed to accommodate the male plug. If there is no plug receptacle or means for attaching a clip, the operator shall touch the filler cap with the nozzle spout before removing the cap so as to equalize the static electrical potential between the nozzle and the filler port. The nozzle spout shall be kept in contact with the filler neck until the fueling is completed. When a funnel is used in aircraft fueling, it shall be kept in contact with the filler neck, as well as the fuel spout or the fuel supply container to avoid the possibility of a spark at the fill opening. Only metal funnels shall be used for fueling. Bonding and fueling connections shall be disconnected in the reverse order of connection after fueling is completed.

(3)     All aircraft shall be fueled/defueled in a well ventilated area, clear of all enclosed hangars, other buildings, and aircraft. Fueling under the open hangars is permitted.

(4)     Fueling trucks shall not be parked within any building, hangar, or within forty feet (40') of parked aircraft (the local fire marshal shall have final authority as to determining such distance). Fuel trucks shall be parked with at least ten (10) feet separation between vehicles.

(5)     Aircraft fuel storage tanks for belowground or aboveground use shall be constructed and installed, registered as required, monitored for leakage, operated and maintained in accordance with federal and state statutes, rules and regulations promulgated by the Environmental Protection Agency and the state commission on environmental quality.

(6)     Aviation or auto fuels shall not be stored within a hangar or building except in small quantities and in approved containers manufactured and marked for such purpose and only with the approval of the local fire marshal.

(7)     Persons or businesses wishing to supply or dispense aviation fuel for use in their privately owned aircraft shall not be denied; however, they must meet all requirements the city places on other fuel suppliers, public or private. Private fueling facilities located on leased or private property must be installed and the fuel dispensed in accordance with all rules appertaining to aircraft fueling and fire safety contained herein.

(8)     Public sale of automobile gas for use in aircraft will not be permitted on the airport without written approval of the airport manager. Aircraft authorized by the FAA to use auto gas may be privately fueled by the owner in a location designated by the airport manager in accordance with all rules appertaining to the aircraft fueling and fire safety contained herein.

(9)     All aviation fuel storage tanks, aviation fuel pumps, hydrant fuel services, aircraft fuel service vehicles, whether publicly or privately owned, shall have the type of aviation fuel dispensed printed in large block letters, including octane if aviation gasoline, plus the fuel identification number, and “no smoking” signs. This information shall be printed on all sides of the fueling tanks, pumps, etc., so the information is visible from any direction on the ground.

(10)     A sufficient number, rating, and size of fire extinguishers shall be available whenever aircraft are being refueled.

(11)     Aircraft fuel service trucks shall have a minimum of two 20B fire extinguishers located at the rear of and on each side of such truck.

(12)     Aircraft fuel service trucks shall have an “emergency cutoff” valve which shall be clearly identified and painted red.

(13)     All aviation fuel nozzles shall have “dead man” controls which will shut off the fuel flow when the nozzle hand control is released. Nozzles with mechanical hold open devices will not be permitted for fueling aircraft.

(14)     All aircraft fueling, fuel equipment, and procedures will be in accordance with Manual 407 “Aircraft Fuel Servicing, 1990” (or as revised) published by the National Fire Protection Association, 1 Batterymarch Park, Post Office Box 9101, Quincy, MA 02269-9101.

(b)     Permit required. An FBO or self-fueling operator shall not engage in fueling operations at municipal airport without having first been issued a fueling operations permit by the city.

(c)     Permit application; issuance and renewal.

(1)     An applicant for issuance or renewal of a fueling operations permit shall file with the city an application for that purpose which must be signed by the applicant.

(2)     When an application has been filed with the city, the city shall make an inspection of such applicant's site, equipment, and fuel for the proposed fueling operations in order to insure compliance with all applicable laws, ordinances, or regulation.

(3)     The city shall issue or renew a fueling operations permit within thirty (30) days of receipt of an application unless one or more of the following is found to be true:

(A)     The applicant has failed to provide required information or has provided false information in his application.

(B)     The applicant's proposed fueling operations will violate an applicable law, ordinance, or regulation.

(C)     The applicant has had a fueling operations permit revoked or suspended within the two years preceding the date of the application.

(D)     The applicant has failed to meet the minimum requirements of these regulations.

(d)     Permit display required. A permittee shall display a fueling operations permit issued by the city in a conspicuous place on the permittee's premises at all times.

(e)     Fueling requirements for FBO only.

(1)     The FBO shall demonstrate that satisfactory arrangements have been made with a recognized aviation petroleum distributor for the delivery of fuel and oil in such quantities as are necessary to meet the requirements set forth herein. Aviation fuel and oil delivered to the operator by a vendor will be considered by the city to be fuel and oil dispensed by the FBO under the purview of the minimum rates established in the agreement with the city.

(2)     Fueling and into-plane delivery of aviation fuels shall be provided by the FBO seven days a week. Hours of availability, type and amount of fuel available and type of dispensing equipment shall be as agreed by the city and the FBO and shall be so specified in the lease agreement.

(3)     All into-plane delivery of fuels shall be performed only on airport premises unless written permission is granted by the other property owner and the city. The FBO may deliver fuel to approved off-premises airport access areas, subject to this section, and authorization by the manager of the off-premises access area.

(f)     Fueling requirements for both FBO and self-fueling operators.

(1)     Only approved FBOs may sell aviation fuel to the general public.

(2)     Public dispensing service by a self-fueling operator is prohibited. A permittee for self-fueling operations shall not dispense aircraft fuel to another airport user. Dispensing aircraft fuel under the authority of this permit is limited to permittee's own use in aircraft owned by permittee, aircraft leased for permittee's exclusive use, aircraft being repaired by permittee to the extent the repairs require the dispensing of fuel, or aircraft managed by the permittee and based at the permittee's off-airport access area. Self-fueling is only permitted within the confines of said privately owned access area adjacent to the airport.

(3)     FBO's and self-fueling operator shall pay the city fuel flowage fees in an amount specified in their respective leases. Such fuel flowage fees shall normally increase the month following each fifth (5th) anniversary of the lease.

(4)     The following requirements regarding fueling facilities and equipment are applicable to both FBO's and self-fueling operators:

(A)     Fuel storage locations.

(i)      All fuel storage locations shall be designated by the city and provided on the approved airport layout plan;

(ii)      Individual tank sites shall be leased by the city to either FBOs or self-fueling operators subject to availability and compliance with all airport and fueling regulations and EPA standards; and

(iii)      An off-airport user having a minimum of 40 acres in its off-airport parcel may apply to the city for a fuel storage location on such parcel subject to all airport/fueling regulations, other city, state or federal regulations relating to fueling, and zoning and site plan approval.

(B)     A fuel storage tank for each type of fuel stored shall be installed above ground by a permittee in a location approved by the city. The minimum capacity of each tank shall be 10,000 gallons.

(C)     Notwithstanding the preceding paragraph, a permittee shall be allowed to use either fixed, aboveground, dispensing equipment or mobile dispensing trucks.

(D)     For each type of fuel dispensed, a permittee shall have separate, filter equipped dispensing pumps and meters.

(E)     If a permittee uses mobile dispensing trucks, the permittee shall have at least one truck for each type of fuel used, with appropriate filters.

(F)     A permittee shall obtain the written approval of the city prior to construction or installation of any improvement on permittee's leased premises.

(G)     A permittee shall maintain all fueling facilities in a safe and clean condition, equal in appearance and character to other similar airport improvements.

(H)     A permittee shall promptly repair any damage caused by permittee, or permittee's employees, agents, patrons and guests.

(I)     A permittee shall replace any fueling facility improvement on its leased premises which has been destroyed by fire, explosion, weather conditions or disaster within six months of such destruction.

(J)     Upon written notice a permittee shall perform any reasonable facility maintenance the city determines is necessary. If a permittee fails to undertake such maintenance within ten (10) days of receipt of written notice, the city may perform the maintenance and/or revoke or suspend the permit. If maintenance is performed by the city, the permittee shall reimburse the city for the cost of the maintenance performed.

(K)     A permittee shall require any prime contractor it hires for construction of a permanent improvement to provide performance and payment bonds acceptable to the city in the full amount of the construction contract, for all contacts in excess of $50,000, naming the permittee and the city as joint obligees.

(5)     Records and monthly reports.

(A)     A permittee shall maintain accurate records of all fuel delivered and dispensed and shall allow the city or designee to inspect its records at any time.

(B)     A permittee shall, each month, submit to the city a report of fuel dispensed.

(C)     A permittee shall, each month, submit to the city a copy of the original report received from the permittee's supplier(s) showing the amount of fuel delivered.

(D)     An applicant for a permit to conduct self-fueling operations shall submit to the city the registration numbers of all aircraft owned, leased or managed under a management contract to be fueled. Upon receipt of a permit to dispense fuel, the permittee shall submit to the city a report of fuel dispensed by aircraft registration number.

(6)     Audit. A permittee shall allow its records of fueling operations to be audited at any time, either by a representative of the city or by an independent certified public accountant selected by the city.

(7)     Cancellation by permittee. A permittee may cancel its fueling operations permit upon thirty (30) days' written notice to the city.

(8)     Assignment and transfer prohibited. A fueling operations permit is not assignable or transferable.

(9)     Revocation or suspension of permit. The city may revoke or suspend a fueling operations permit if it is determined that:

(A)     The permittee has violated any provision of these regulations and has not made needed corrections in a timely manner as directed by the city;

(B)     The permittee has given false or misleading information to the city during the application process;

(C)     The permittee has intentionally or knowingly impeded a lawful inspection by the city or other person authorized to inspect the fueling operations; or

(D)     The permittee has, within a twelve-month period, committed two or more violations of these regulations and has failed to make needed corrections in a timely manner as directed by the city.

(1991 Code, sec. 1.2205)

   Sec. 1.05.066     Fixed based operator (FBO)

(a)     The city, through a city-employed airport manager, shall retain a proprietary right to offer and shall provide the following FBO services:

(1)     Sale of aviation fuel and oil;

(2)     Normal line services to include tie-downs and hangaring of transient aircraft;

(3)     Aircraft storage to include open tie-downs, covered T-hangars, enclosed T-hangars, and the large city-owned hangar, if not otherwise leased. Exception: A commercial operator may lease excess open tie-down space or hangar space to another commercial or noncommercial operator for those aircraft used in such operations;

(4)     Terminal space for pilots and passengers to include public restrooms, telephones and flight planning facilities.

(b)     The city shall also provide a courtesy vehicle for airport employee requirements and transient pilot short-term use.

(c)     The city council shall have the future option of contracting any or all of the above services to one or more commercial operators or FBOs. Should such an option be selected, specific lease agreements shall be developed. Other normal FBO services may be performed by commercial operators.

(1991 Code, sec. 1.2206)

   Sec. 1.05.067     Commercial operators

With city approval, a commercial operator is authorized to offer or perform any or all of the following services or functions to or for the public. Each commercial operator, through construction or lease from the city, FBO or other commercial operator, must provide sufficient and adequate heated, cooled and ventilated office space to accommodate his/her business activities, employees, clients and customers. Such space shall include restroom(s), lounge area and telephone access. Paved vehicle parking for all employees, customers and clients shall be provided. Adequate taxiway access, tie-downs and/or hangar space must be provided to accommodate aircraft needs. When required by the FAA, trained, qualified and certified personnel must perform designated functions. When required by the service provided, approved and properly certified aircraft, and passenger loading/unloading areas must be available.

(1)     Airframe and power plant maintenance and repair.

(2)     Sales of aircraft parts, components and accessories.

(3)     Avionics, sales, installation and repair.

(4)     Aircraft upholstery.

(5)     Aircraft painting.

(6)     Aircraft sales.

(7)     Aircraft rental.

(8)     Flight and ground instruction.

(9)     Air taxi and charter.

(10)     Sales of pilot materials.

(11)     A for-profit flying club.

(12)     Agricultural (Ag) spraying operation: A qualified pilot, aircraft designed for such purpose, qualified ground personnel on duty to properly handle dangerous chemicals, a secure area to store chemicals, and a properly designed and constructed wash down pad must be available for each agricultural operation. Agricultural (Ag) spraying operations will be conducted in accordance with procedures approved by the airport manager and made known to all persons conducting agricultural spraying operations. Said operations shall be conducted only on the designated airport areas, and shall not include reckless flying or careless chemical handling. Chemicals used in agricultural operations shall be dispensed, maintained, and stored and the dispensing area shall be cleaned with all empty chemical containers stored and promptly disposed of in accordance with the label direction. Washing of Ag aircraft and flushing of Ag aircraft spray tanks or hoppers will be accomplished in accordance with the standards of the Environmental Protection Agency and the state commission on environmental quality in an area so designated by the airport manager. Each Ag operator shall carry liability insurance in the amount of $100,000.00 per person, $300,000.00 total with $1,000,000.00 property damages, payable to the city for the cleanup of any hazardous chemical spills on airport property caused by the Ag operator. Ag aircraft operators shall not exceed the maximum gross hopper weight stamped on the Ag aircraft's hopper by the aircraft manufacturer or listed in the aircraft's specifications. Ag aircraft shall not take off or land on any surface except the runway, nor take off or land downwind. Takeoff and landing procedure in accordance with section 1.05.064(i), “takeoff and landing rules” contained herein will be observed at all times. Note: Because of the hazard of such agricultural spraying operations, the city council may require each agricultural spray operator to post a bond, the amount to be determined by the city council considering the financial risk to which the city could be exposed by an Ag operator accident resulting in environmental damage.

(13)     Other, as agreed on by contract.

(1991 Code, sec. 1.2207)

   Sec. 1.05.068     Noncommercial operators

An entity that provides any commercial aeronautical activity on an individual contract basis, but does not offer such services to the public, or engages in any other aviation related activity, is considered a noncommercial operator. Lease requirements, construction requirements, and facilities/space/amenities requirements are the same as for commercial operators. (1991 Code, sec. 1.2208)

   Sec. 1.05.069     Aviation organizations and nonprofit flying clubs

It is the policy of the city to encourage use of the airport by aviation organizations and to promote aviation-related activities to the maximum extent practical. The only normal reason for denying such use shall be lack of adequate facilities or an adverse impact on safety. The airport manager will make every reasonable effort to accommodate such requests, to include nonprofit flying clubs. A letter of authorization/agreement between the airport manager and requesting entity, defining the conditions and restrictions agreed to, shall be accomplished. For the purpose of this section, a for-profit flying club will be considered a commercial operator. (1991 Code, sec. 1.2209)

   Sec. 1.05.070     Construction requirements and standards

(a)     Compliance. All construction must be authorized by the city and must be of a compatible standard capable of withstanding winds of 85 mph, with doors open or closed. Furthermore, all structures must comply with any and all city codes, any applicable airport compatible land use or zoning ordinances, and any approved airport layout plan, airport action plan, or airport master plan.

(b)     Policy.

(1)     All construction on airport property will be of high quality, architecturally homogenous and provide adequate space to accommodate its stated purpose/business.

(2)     Any building constructed that has, or potentially has, access to the ramp/taxiway structure shall be hangar-type construction large enough to accommodate aircraft storage or workspace.

(3)     Construction will not encroach on or penetrate any designated clear zones established to enhance the safe and orderly flow of air traffic.

(4)     All ramp and taxiway construction shall meet FAA standards.

(5)     Integrity of the airport perimeter security fence shall be maintained. Fence section(s) may be removed to allow streetside access to buildings, but remaining fence must be rerouted to connect to (or be immediately adjacent to) the building corners. Gates or other access through fences are not authorized without specific city approval. If so approved, they shall be locked at all times when not in use.

(c)     Procedures. Prior to contracting for or beginning construction, all proposed improvements, including the following specifics, will be submitted to the city:

(1)     Building plans (blueprint or similar documents);

(2)     A blue line drawing of the leased property showing location of all proposed structures to include finished floor elevations, ramp, aprons, and vehicle parking areas;

(3)     Aircraft ramp and taxiway access plan;

(4)     Vehicle access and parking plan;

(5)     Landscaping of leased property not used by 1 through 3 above;

(6)     Signs/advertising desires;

(7)     Any other unique requirements/proposals the airport board or council requires.

The airport board shall make recommendations on each proposal, and forward it to the city staff for review and city council approval. No lease shall be entered into, nor implied, until this approval is obtained.

(d)     General standards.

(1)     Each leased site, to include building location, shall be marked by a certified surveyor. Cost of the survey shall be paid by lessee. A blue line drawing shall be presented to the city.

(2)     While it is recognized that floor elevations must be elevated to a certain level to prevent water entry into each business, site preparation will take into consideration the overall airport area drainage requirement. Construction of any structure, ramp or parking area must not cause drainage problems in adjacent areas.

(3)     Foundation for all structures shall be a concrete slab. Vehicle parking space, aircraft ramp space and taxiways may be concrete or asphalt construction.

(4)     Hangars/buildings shall be bolt-together, metal construction, structurally engineered. Plans and specs shall be stamped and signed by an authorized, certified engineer.

(5)     Exterior shall be baked on, prefinished color, compatible with overall airport architectural schemes.

(6)     Exterior lean-tos must match attached hangar/building decor.

(7)     Each building shall include designated office/reception space large enough to accommodate all anticipated clients, customers and employees. This space must be air-conditioned, heated and properly ventilated.

(8)     Each building must have adequate toilet facilities to accommodate all anticipated clients, customers and employees. This space must be air-conditioned, heated and properly ventilated.

(9)     Streetside paved parking spaces shall be provided for all anticipated employees, clients and customers.

(10)     Minimum paved ramp space on the airport side of each hangar shall be 50' x the width of the hangar. FAA construction standards must be met.

(11)     All ramps shall contain appropriately located aircraft tie-down anchor points.

(12)     Route entry of vehicles into/out of the hangar/building shall be from streetside only. If such capability is needed or anticipated, a drive-through (garage-type) door must be included in construction plans.

(13)     Vehicle/truck loading and unloading shall be from streetside only. If this capability is needed or anticipated, appropriate doors, docks, etc., must be included in construction plans.

(14)     Each building shall be constructed to accommodate hookups for water, sewer, electricity and telephone services.

(15)     Access taxiways must be paved and at least 30' wide, and meet FAA construction standards.

(16)     Signs and advertising: One sign (with company name/logo) shall be permitted on street side of hangar/building and one on ramp side. Maximum size (horizontal) is 1' per 2 linear feet of the building frontage, and must be proportionate with size of building. Each sign must be attached to the building, above the entries and below the roofline. No pole signs are allowed. Common small, information and directional signs are permitted, as long as they are attached to the building. No sign advertising any business other than the one(s) located in the respective building/hangar is permitted.

(17)     All contractors shall be registered, licensed (when applicable), and bonded with the city.

(1991 Code, sec. 1.2210)

   Sec. 1.05.071     Leases

(a)     Generally. Hangars and other buildings or structures owned by the city may be leased to private entities on a monthly or yearly basis for the storage of aircraft and ancillary aircraft equipment, or for a longer term to conduct activities approved by this division.

(b)     Private aircraft storage lease. Terms and rates for hangaring and open tie-down storage of privately owned aircraft shall be developed and maintained, and shall comply with conditions set forth in this division. Lease terms and rates shall be reviewed annually by the airport board, and any recommended changes forwarded to the city council for approval. All persons desiring to long-term (more than one month) base/store their aircraft on the municipal airport shall enter into such a lease with the city.

(c)     Aviation organizations and nonprofit flying clubs. Those organizations desiring to operate temporarily or long-term under section 1.05.069 of this division may do so by entering into a letter of agreement with the airport manager. If lease or construction of a facility or aircraft storage is requested, the appropriate lease must be executed.

(d)     Entities (e.g., FBO, commercial operator) conducting business from city-owned facilities. A specific lease shall be developed defining terms as agreed between city and the requesting entity. Terms of the lease(s) shall not be contrary to other requirements of this division.

(e)     Lease of airport real estate. The city may lease real estate within the building area or other portions of the airport for the construction of hangars, buildings, lean-tos, aprons, taxiways, and auto parking lots in accordance with an approved airport action plan/airport layout plan. Aviation-related use shall be given priority in the use of all leased or privately owned property, buildings, or structures. Application for all airport leases shall be made through the airport board to the city council.

(1)     Normally, no leases will be written for a primary period in excess of twenty-five (25) years.

(2)     Any privately owned structure or hangar not in use for aviation purposes for a period in excess of ninety (90) days or not available for lease or sublease for aviation purposes, unless so authorized for nonaviation use by the city council, must be removed after due notice to the owner in writing or the city council will consider such structures or hangars abandoned.

(3)     Leased land from which any building, hangar, or structure is removed, after due notice or expiration of the lease, shall be cleared, cleaned, and put back in its original or acceptable condition at lessee's expense.

(4)     Leased property on the airport may be subleased by the lessee only with written approval of the city council.

(5)     No hangar or structure may be erected within a building restriction lien or in conflict with the approved airport layout plan.

(f)     Application. Applications to perform commercial aeronautical activities shall be in writing and be filed with the city, which must approve them, and shall include the following information:

(1)     Name and address;

(2)     Proposed date for commencement of operations;

(3)     Services to be offered;

(4)     Amount, size, location of land to be leased;

(5)     Description of buildings and improvements to be constructed or leased;

(6)     Number of aircraft to be employed;

(7)     Hours of proposed operation;

(8)     Number and types of insurance coverages to be maintained, including certificate(s) of insurance evidencing insurance coverage as required by city;

(9)     Evidence of financial responsibility from a bank or from such other source that may be readily verified through normal banking channels;

(10)     Evidence of financial capabilities to initiate operations and for the construction of buildings, improvements and appurtenances and the ability to provide working capital to carry on the contemplated operation, once initiated;

(11)     Statement of past experience in the specified aviation services proposed to be provided at the airport together with a statement setting forth personnel to be used for the operations and experience data of said personnel;

(12)     Number of employees.

(g)     Written contract. Prior to the commencement of operation, the operator will be required to enter into a contract with the city that will recite the terms and conditions under which the operator will operate a business on the airport, including, but not limited to, detailed contract terms, conditions, rentals, fees, charges and the rights and obligations of the respective parties. Neither the conditions therein stated, nor those set forth in these minimum standards, represent a complete recitation of the provisions to be included in the written contract. Such contract provisions, however, will neither change or modify the minimum standards, nor be inconsistent therewith.

(h)     Technical and financial ability. The operator shall satisfy the city that it is technically and financially able to perform the services of the requested commercial activity. This shall include the responsibility for demonstrating continued financial solvency and business ability by the submitting of an annual balance sheet, credit references and any other proof that the city may require from time to time including, but not limited to, proof of revision of insurance requirements and adjustment of insurance coverages and their limits when deemed necessary by the city based upon changes in statutory law, court decisions, or the claims history of the industry as well as contractor.

(i)     Accommodations. Shall be as defined in section 1.05.070.

(j)     Buildings and structures standards. No person may construct, allow, or maintain any structure or shelter, either permanent or temporary, unless specifically authorized by the city. Additionally, the operator will be responsible for submitting FAA documents to the city for approval and processing prior to construction. Title to any and all buildings and appurtenances which may be built on city property shall vest in the city upon completion of construction. All operators shall be required to furnish the city payment and performance bonds commensurate with any construction required under the standards herein fixed or under any contract or lease by and between such operator and the city.

(k)     Responsibilities.

(1)     All operators shall, at their own expense, pay all taxes and assessments against any buildings or other structures placed onto the premises by them, as well as all taxes and assessments against the personal property used by them in their operations.

(2)     All operators shall abide by and comply with all federal, state, county, and city laws and ordinances, including, but not limited to, the rules and regulations of the municipal airport, the state and Federal Aviation Administration.

(l)     Sublease.

(1)     No operators shall sublease or sublet any premises leased by such operator from the city, or assign any such lease, without the prior written notification to the city, and any such subletting or assignment shall be subject to all the minimum standards herein set forth.

(2)     In the event the lessee sublets any portion of the lease, the sublessee must agree to assume the full obligations of the lease as set out herein and must agree to fully cooperate with the city to insure compliance with these standards. The sublessee shall immediately comply with any reasonable request or direction of the city as it relates to the enforcement of these standards.

(3)     A commercial operator subleasing its commercial area from an FBO or city may use the FBO's or city's facility to meet the requirements for office space, customer lounges, restrooms, telephones and paved aircraft apron as set forth in this division.

(m)     Price and rates.

(1)     In the provision of services to the users of the airport, lessees shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service. In furtherance of this objective, a list of charges will be maintained and available for inspection by the public for all services, materials, supplies, and privileges provided by the lessee and any lessee tenant. However, lessees, and any airport tenants, may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.

     Lessees shall, from time to time, as the need arises, make and publish changes in the prices being charged; provided, however, fifteen (15) days prior to any such changes, lessees shall provide to the city a list of such charges. If no objection by the city to such changes in prices is received within fifteen (15) days, the price changes shall become effective. The city may object to any changes in prices within the fifteen-day period; provided, however, the only basis for such objection by the city will be on the grounds that such pricing change would constitute a violation of a present or future grant agreement with the Federal Aviation Administration

(2)     An operator shall not engage in any business or activity on the airport other than that authorized under the operator's particular category or categories. An operator desiring to extend operations by expansion or sublease into more than one category or to discontinue operations in a category shall first apply in writing to the city for permission to do so, setting forth in detail the reasons and conditions for the request. The city shall then grant or deny the request on such terms and conditions as the city deems to be prudent and proper circumstances.

(n)     Airport obstructions; development; inspections.

(1)     The city reserves the right to take any actions it considers necessary to protect the aerial approaches to the airport against obstructions, together with the right to prevent any operator from erecting or permitting to be erected any building, sign, or other structure on the airport which, in the opinion of the city, would limit the usefulness of the airport or constitute a hazard to aircraft, or has not been approved by FAA.

(2)     The city reserves the right to further develop or improve all areas of the airport as it sees fit, and without interference or hindrance from any operators.

(3)     The city reserves the right to enter upon any premises to operators at reasonable times for the purpose of making such inspections as it may deem expedient, to the proper enforcement of these minimum standards and for the proper enforcement of any covenant or condition of any operator's contract or lease agreement.

(o)     Fees.

(1)     The operator shall pay the standard fees as specified by the city. Such fees shall be specifically included in the contract executed with the city.

(2)     Any concession activity conducted on the leased premises shall similarly be subject to the standard rates and charges set forth in this division.

(p)     Personnel.

(1)     The operator shall have in his employ and on duty during operating hours trained personnel in such numbers as are required to meet the minimum standards and requirements set forth herein, in an efficient manner, for each aeronautical service being performed. The operator shall also provide a responsible person on the premises to supervise the operations in the leased area and with authorization to represent and act for an on behalf of the operator during all business hours.

(2)     All personnel hereafter are required to hold FAA certificates as they are required.

(q)     Maintenance. The operator shall keep and maintain leased premises in a neat and orderly manner. The operator shall maintain the pavement constructed by the operator. The maintenance of the interior and exterior of the building, utility costs, and trash removal shall be the operator's responsibility. Grass mowing and landscape maintenance within the operator's leased premises shall be the operator's responsibility.

(r)     Insurance.

(1)     The operator shall procure, maintain and pay premiums during the term of his contract, for insurance of the types and the minimum limits set forth in attachment I of the minimum standards for the respective categories for aeronautical services. The insurance company writing the required policy or policies, shall be licensed to do business in the state. Appropriate certificate(s) of insurance shall be forwarded to city's airport manager. Furthermore, city reserves the right to review insurance requirements and to adjust insurance coverage and their limits when deemed necessary by the airport manager based upon changes in statutory law, court decisions, or the claims history of the industry as well as the operator.

(2)     When more than one aeronautical service is proposed, the minimum limits will not necessarily be cumulative in all instances.

(3)     All insurance which the operator is required to carry shall include coverage of:

(A)     Premises and operations;

(B)     Independent contractors and their subcontractors;

(C)     Real property (fire);

(D)     Personal injury;

(E)     Contractual liability;

(F)     Worker's compensation employer's liability;

(G)     Comprehensive automobile liability, of $300,000, combined single limit; and

(H)     Product/completed operations coverage.

In addition, the city is to be named as an additional insured, supplied with a policy copy, and the policy shall have a 60-day notice of cancellation in favor of the city. It is further understood that as circumstances in the future dictate, the city may require an increase in bodily injury and property damage insurance.

(4)     The applicable insurance coverage shall be in force during the period of any construction of the operator's facilities and/or prior to his entry upon the airport for the conduct of his business.

(s)     Lease terms. Beginning with the effective date of adoption of these minimum standards (May 5, 2002), primary terms of leases. Operators shall be limited to a maximum of twenty-five (25) years and not less than three (3) years. In addition, leases shall, at the discretion of the city, be subject to review and reevaluation at the end of each five-year period thereof, in relation to the fair market rate.

(t)     Exclusive rights. No person may be granted in fact or by written instrument any exclusive right prohibited by section 303(a) of the Federal Aviation Act of 1958. Determination of the existence of a prohibited exclusive right shall in the final analysis be made by the Federal Aviation Administration (FAA), and such determination shall be final. If FAA determines any provision of a written instrument or a practice in fact constitutes a grant of a prohibitive exclusive right, such provision or grant shall be deemed null and void for all purposes.

(u)     Lease charges; escalation clauses; terms. All unimproved airport land shall be leased at the rate specified in each lease agreement. The term of each lease for use of unimproved airport property shall contain an automatic escalation clause requiring adjustment of lease charges on the fifth anniversary of the initial lease and each lease shall be adjusted at the end of each five (5) years thereafter to charges as may be then be established, provided that such per square foot rental shall be comparable to the rental charged lessees of similar facilities at similar airports in the surrounding area. Such lease charges shall be escalated by not less than the cumulative increase (since last adjusted) in the latest consumer price index as published by the Bureau of Labor Statistics or such index and/or agency as may replace the CPI or BLS prior to lease anniversary each five (5) years thereafter.

(v)     Leases/operating rights nontransferable. Except to the extent needed for a mortgagee to protect its legitimate interest in a leasehold and improvement thereon, land areas and/or facilities used or needed shall be held pursuant to lease only and shall not be transferable unless authorized in writing by the city council

(w)     Airport hangar fees. The following fee structure for leasing T-hangars and corner hangars at the airport is hereby established:

(1)     Each T-hangar per month, $175.00.

(2)     Each corner hangar per month, $225.00.

(1991 Code, sec. 1.2211)

   ARTICLE 1.06 RECORDS MANAGEMENT*

   Sec. 1.06.001     Definition

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.

   Sec. 1.06.002     Records declared public property

All records as defined in section 1.06.001 of this plan are hereby declared to be the property of the city. No official or employee of the city 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.

   Sec. 1.06.003     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 records of this office 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 Local Government Records Act and accepted records management practice.

   Sec. 1.06.004     Records management officer

The city secretary will serve as records management officer for the city as provided by law and will ensure that the maintenance, destruction, electronic storage, or other disposition of the records of this office are carried out in accordance with the requirements of the Local Government Records Act.

   Sec. 1.06.005     Records control schedules

Appropriate records control schedules issued by the state library and archives commission shall be adopted by the records management officer for use in the city, as provided by law. Any destruction of records of the city will be in accordance with these schedules and the Local Government Records Act.

(Ordinance 14-630 adopted 10/21/14)

   ARTICLE 1.07 PUBLIC EVENTS, MASS GATHERINGS AND PARADES

   Sec. 1.07.001     Definitions

When used in this article, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant. A person who has filed a formal written application with the city for obtaining a public event permit.

City. The City of Granbury, Texas.

Code official. The person or department to whom the city manager may, from time to time, delegate the enforcement responsibility under this article.

Parade. Any march or organized procession of any kind, with or without vehicles, in or upon any street, park, or other outdoor place owned or under the control of the city.

Permanent structure. Any manmade structure for which the city has issued a certificate of occupancy.

Permit holder. The person to whom a public event permit is granted pursuant to this article.

Promoter. Any individual, assumed-named entity, partnership, association, corporation, firm or organization that promotes, organizes, manages, finances or holds a public event.

Public event, mass gathering or event. Any meeting or gathering held at a specific location within the city limits, which attracts or can be expected to attract more than 300 persons at any instant during the meeting or gathering. The term does not include an event or gathering that occurs within or on the same property as an established permanent stadium, arena, auditorium, conference center or other similar permanent structure that has sufficient existing and permanent electrical service, plumbing, water supply, sanitary sewer service and legal parking spaces to accommodate the expected number of persons.

Right-of-way. Any street, sidewalk, alley, or similar place that is owned or controlled by a governmental entity.

Sidewalk. Any portion of a street between the curb or the lateral lines of the improved roadway and the adjacent property line, all or a part of which is intended for the use of pedestrians regardless of whether the area is paved or improved.

Street. Any public or private street, alley, avenue, lane, boulevard, drive, public place or highway commonly used for the purpose of travel within the city.

   Sec. 1.07.002     Authority of code official

(a)     The provisions of this article shall be administered and enforced by the code official.

(b)     The code official has authority to issue a public event permit when requirements of this article have been met.

(c)     The code official shall ensure that all other applicable licenses and permits under local, state or federal law are requested, submitted and approved before the permit is granted.

   Sec. 1.07.003     Permit required

It shall be unlawful for any person to promote or conduct a parade or public event without first having obtained a permit from the city code official by filing a written application.

   Sec. 1.07.004     Application procedure

(a)     An application for a public event or parade permit must be filed not less than 45 days before the event is to begin. The code official may waive the 45-day filing requirement if it is determined that the application can be processed in less than 45 days, taking into consideration the number and types of permits required to be issued in order to hold the event.

(b)     The application fee for a public event, mass gathering or parade permit will be established by the fee schedule adopted annually by the city council. The applicant may incur additional costs related to human or other resources required for the event in accordance with this article.

(c)     Events involving the sale or service of alcoholic beverages require proper permits from the Texas Alcoholic Beverage Commission (TABC). The applicant is responsible for obtaining all requisite TABC permits and providing proof of such permits with the application for a city event permit.

(d)     The application for a public event or parade permit shall contain, as a minimum, the following information:

(1)     The name, address, e-mail address and telephone number of the applicant and the promoter or promoters of the event or parade.

(2)     If the promoter(s) is/are someone other than the applicant, the applicant shall file a written statement from the promoter showing authority to make the application.

(3)     The type and purpose of the event.

(4)     The dates and times the event will start and end and the time at which on-site activities in preparation for the event will begin.

(5)     The estimated approximate number of people who may attend the event.

(6)     If the event is to be held on private property, the applicant must submit written permission from the owner of the property or their authorized representative for the use of the property. For an event involving the use of property owned or controlled by the county, including county streets, the applicant is required to obtain permission to use that property from the county commissioners court. The applicant is responsible for obtaining and providing proof of such permission.

(7)     A site plan of the proposed location depicting the location and size of tents, awnings, canopies, food service booths, fences, barricades, traffic cones, restroom or portable toilet facilities, lighting, and other temporary structures. In addition, the details of the sale of merchandise, food or beverages and the list of vendors involved and the location of where those activities and vendors will be located or housed must be included on the site plan. The site plan shall include any other information required by this article. If loudspeakers are to be used, the location and orientation of those speakers shall be shown on the site plan.

(8)     Details of the proposed location, number and size of any signage for the event. All event signage shall comply with the currently adopted sign regulations.

(9)     Details of any electrical, mechanical or plumbing work to be conducted to prepare for or to hold the event and if so, evidence showing how it will be done in accordance with the city's adopted building codes.

(e)     Upon receipt of a completed application, the code official shall forward a copy of the application to each of the appropriate departments of the city. Each department shall review the application for approval or denial as it pertains to that particular department and return it, with any comments, to the code official.

(f)     If the applicant intends to or is required to use city services, the department providing such services shall submit to the applicant an estimate of the cost of each service.

(g)     Where the police chief or fire inspector determines that a proposed public event or parade has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants and fire apparatus, access roads or where such event will adversely affect public safety services of any kind, the fire inspector shall have the authority to order the development of, or prescribe a public safety plan for the provision of an appropriate level of public safety. The public safety plan shall address:

(1)     Emergency vehicle ingress and egress;

(2)     Fire protection;

(3)     Emergency medical services;

(4)     Location of public assembly areas;

(5)     The directing of both attendees and vehicles (including the parking of vehicles);

(6)     Vendor and food concession distribution;

(7)     The need for the presence of law enforcement at the event; and

(8)     The need for the presence of fire and emergency medical services personnel at the event.

(h)     After reviewing the application and departmental comments, the code official shall issue the public event permit or issue the permit with conditions, unless denied in accordance with adopted city code.

   Sec. 1.07.005     Denial or revocation

(a)     The code official may deny or revoke an application for a public event permit if:

(1)     The proposed event will conflict with another public event that has been previously granted a permit for the same time, site or location;

(2)     The public event would severely hinder the delivery of normal or emergency services;

(3)     The time, place or manner of the proposed event will disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available;

(4)     The applicant fails to comply with, or the proposed event will violate this article or any other city ordinance, or if the applicant has been cited for violating this article during a previous event or the applicant has failed to comply with the terms of a previous public event permit;

(5)     The applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by city ordinance or other applicable law for the conduct of all activities included as part of the event;

(6)     The applicant makes or permits the making of a false or misleading statement or omission of material fact on an application for a public event permit; or

(7)     The applicant does not comply with the issued permit by conducting the event in accordance with the event description and site plan provided in the application or the conditions stipulated by the code official when the permit is issued.

(b)     The code official shall grant the permit, grant the permit with conditions, or deny the permit within twenty (20) days after receipt of a completed application.

(c)     If the code official grants the permit with conditions, denies, or revokes a permit, the code official shall deliver written notice to the permit holder or applicant stating the action and the reasons supporting such action. The notice shall be delivered using the contact information for the applicant as provided on the application.

(d)     Any person aggrieved by the action of the code official shall have the right to appeal to the city council by filing a notice of appeal with the city secretary within five business days after the notice of decision is delivered under subsection (c). Upon receipt of the notice of appeal, the city secretary shall set a time and place for a hearing on the appeal and provide notice of the hearing to the aggrieved person. The hearing shall be held not later than 14 days from the date of receipt of the notice of appeal.

(e)     The decision of the city council on the appeal is final. No other administrative procedures are provided by the city.

   Sec. 1.07.006     Street closures

(a)     The applicant shall provide a site plan that indicates proposed streets to be closed. The director of public works or designee will review all proposed street closures to ensure that proper traffic-control measures will be in place. Street closures will only be provided by the city. All street closings require police, public works, and fire inspector approval.

(b)     Closures involving state highways must also be approved by the Texas Department of Transportation.

(c)     The director of public works or designee will notify the applicant of what the cost will be to provide the requested street closures. Costs shall be determined based on rates established in the city's adopted fee schedule in chapter 1, article 1.50.

   Sec. 1.07.007     Parades

The city shall issue a permit for the proposed parade unless the code official determines that:

(1)     The conduct of the parade will substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

(2)     The conduct of the parade will require the commitment of such police resources that adequate police protection cannot be provided for the remainder of the city;

(3)     The concentration of persons, animals and vehicles at assembly points of the parade will substantially interfere with adequate fire and police protection of, or ambulance service to, areas contiguous to such assembly areas;

(4)     The conduct of the parade is reasonably likely to result in violence to persons or property causing serious harm to the public;

(5)     The parade is to be held for the primary purpose of advertising a product or goods, and is designed to be held primarily for private profit, and no public purpose is served;

(6)     The conduct of the parade will interfere with the movement of firefighting equipment to such an extent that adequate fire protection cannot be provided to the city; or

(7)     The movement of the parade will conflict in time and location with another parade or public event for which a permit has previously been granted.

   Sec. 1.07.008     Amusement rides

Amusement rides and attractions associated with public events shall conform to the statutory rules and regulations set forth in V.T.C.A., Occupations Code ch. 2151, regulation of amusement rides, also referred to as the Amusement Ride Safety Inspection and Insurance Act. Events involving amusement rides must also comply with the city's zoning ordinance.

   Sec. 1.07.009     Cleanup of public property; compliance; costs

(a)     The permit holder shall agree to a complete and satisfactory cleanup of all trash and debris on the site. At the conclusion of the event, a city representative will inspect the area to ensure that compliance has been met. If it is necessary for the city to accomplish the cleanup, the applicant will be billed to cover the city's reasonable and necessary expenses to provide the cleanup.

(b)     The permit holder shall remove all signage related to the event within the timetable required by the city's zoning ordinance.

   Sec. 1.07.010     Food service

Where food service is provided, those operations shall comply with all provisions of the city food and food service establishment ordinance, fire code, and other applicable state and local laws. A temporary food service permit application and a permit fee must be submitted by each food vendor participating in the event in accordance with chapter 6, article 6.03 food establishments of this code.

   Sec. 1.07.011     Sanitary facilities

Sanitary facilities, in the form of portable toilets, shall be provided on the event premises by the applicant/promoter to supplement the available facilities at any given venue in light of the projected number of attendees and participants at peak hours of the public event.

   Sec. 1.07.012     Water usage and disposal of wastewater

(a)     Any public event or temporary activity requiring the use of water from the city water system must be coordinated with the utility billing department to obtain a temporary meter. Deposit for the meter and payment for water used shall be in accordance with all applicable ordinances of the city.

(b)     The applicant shall submit a plan for the disposal of wastewater and the plan shall be approved by the code official prior to such event.

   Sec. 1.07.013     Electric service

Any public event or temporary activity requiring the use of electricity from the city electric utility system must be coordinated with the utility billing department to obtain a temporary meter. Deposit for the meter and payment for electricity used shall be in accordance with all applicable ordinances of the city.

   Sec. 1.07.014     Solid waste

(a)     Where applicable, a commercial solid waste dumpster must be provided on-premises at all outdoor public events. Applicants shall arrange for the provisions of such dumpsters with a commercial solid waste collection provider company licensed by the city.

(b)     The applicant/promoter is responsible for ensuring the event site/parade route is kept clean and debris routinely removed throughout the event. All trash receptacles on the square shall be kept clean throughout the event by the permit applicant, the applicant's employees or a contracted commercial service provider.

   Sec. 1.07.015     Police protection

(a)     The police chief or designee shall determine whether and to what extent additional police protection is reasonably necessary for traffic control and public safety. The police chief or their designee shall base this decision solely on the size, location, duration, time and date of the event; the number of streets and intersections blocked, and the need to detour or preempt citizen travel and use of the streets and sidewalks.

(b)     If possible, without disruption of ordinary police services or compromise of public safety, regularly scheduled on-duty personnel will police the event. If additional police protection is deemed necessary by the police chief or designee, they shall notify the applicant. The applicant then shall have the duty to secure the police protection deemed necessary. In such event and prior to the issuance of a permit for the event, the applicant and the police chief or designee shall agree upon who will provide police presence, if the police department will be providing the police presence, and the cost of policing the event.

   Sec. 1.07.016     Insurance coverage

(a)     For public events or parades held on city property, the applicant shall provide, with each public event permit application, proof of a general liability insurance policy listing the city as an additional insured. The policy must provide coverage equaling a one million dollar ($1,000,000.00) limit per occurrence, with a two million dollar ($2,000,000.00) aggregate.

(b)     The state department of transportation must also be listed as coinsured if event involves closure of a state highway.

(c)     The applicant is responsible for meeting the insurance requirements for any other public entities whose property is involved in the event, such as the county or school district.

   Sec. 1.07.017     Nuisances to be controlled by city, state and federal regulations

Noise, glare, odor and other nuisances shall be controlled as set out in applicable sections of this code and shall not be in violation of any other local, state or federal law.

(Ordinance 15-50 adopted 11/3/15)

   ARTICLE 1.08 INVESTMENT POLICY

   Sec. 1.08.001     Scope

(a)     Generally. This investment policy shall govern the investment activities of all funds of the city, excluding any specific funds cited hereafter. This policy serves to satisfy the state statute requirement to define and adopt a formal investment policy.

(b)     Funds included. All financial assets of all current funds of the city and any new funds created in the future, unless specifically exempted, will be administered in accordance with the objectives and restrictions set forth in this policy. These funds are accounted for in the city's comprehensive annual financial report and include: general fund, enterprise funds, capital project funds, special revenue funds, trust and agency funds.

(c)     Funds excluded. This policy shall not govern funds which are managed under separate investment programs. Such funds currently include: funds established by the city for deferred employee compensation plans, the city's participation in the Texas Municipal Retirement System and defeased bonds that are held in trust escrow accounts. The city will maintain responsibility for these funds as required by federal and state law and the city charter and code.

(d)     Additional requirements. In addition to this policy, bond funds (to include capital project, debt service, and reserve funds) will be managed by the governing debt ordinance and the provisions of the Internal Revenue Code of 1986 applicable to the issuance of tax exempt obligations and the investment of debt proceeds.

(e)     Review and amendment of policy. The city council shall review this investment policy and investment strategies not less than annually. Amendments must be authorized by the city council.

   Sec. 1.08.002     Prudence

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of the capital as well as the probable income to be derived. The standard of prudence to be used by the investment officer and his/her designees shall be the “prudent person” standard and shall be applied in the context of managing an overall portfolio of funds, rather than a consideration as to the prudence of a single investment. The investment officer or his/her designee acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion to the city manager and the city council and appropriate action is taken in accordance with the terms of this policy.

   Sec. 1.08.003     Objectives

The primary objectives in priority order, of investment activities shall be preservation and safety of principal, liquidity, and yield.

(1)     Safety.

(A)     The foremost and primary objective of the city's investment program is the preservation and safety of capital in the overall portfolio. Each investment transaction will seek first to ensure that capital losses are avoided, whether the loss occurs from the default of a security or from erosion of market value. The objectives will be to mitigate credit risk and interest rate risk. To control credit risk, investments should be limited to the safest types of securities, financial institutions, broker/dealers intermediaries and advisers which the city will do business with, should be prequalified by the city and by diversification of the investment portfolio so that potential losses on individual securities will be minimized.

(B)     To control interest rate risk, the city will structure the investment portfolio so that securities mature to meet cash requirements for ongoing operations and monitoring credit rating of portfolio positions to assure compliance with rating requirements imposed by the Public Funds Investment Act. Should an issuer experience a single step downgrade of its credit rating by a nationally recognized credit rating agency within 90 days of the position's maturity, the finance director may approve the holding of the paper to maturity.

(2)     Liquidity. The city's investment portfolio will remain sufficiently liquid to enable the city to meet operating requirements that might be reasonably anticipated. Liquidity will be achieved by matching investment maturities with anticipated cash flow funding requirements, by investing in securities with active secondary markets and by diversification of maturities and call dates. Furthermore, since all possible cash demands cannot be anticipated, a portion of the portfolio also may be placed in money market mutual funds or local government investment pools which offer same day liquidity for short-term funds.

(3)     Yield.

(A)     The city's investment portfolio will be designed with the objective of regularly exceeding the average rate of return on three-month U.S. Treasury Bills. The investment program will seek to augment returns above this threshold consistent with risk constraints identified herein, cash flow characteristics of the portfolio and prudent investment principles. The care of investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions:

(i)     A security with declining credit may be sold early to minimize loss of principal.

(ii)     A security swap that would improve the quality, yield or target duration in the portfolio.

(iii)     Liquidity needs of the portfolio require that the security be sold.

(iv)     If market conditions present an opportunity for the city to benefit from the sale.

(B)     Funds held for future capital projects will be invested in securities that reasonably can be expected to produce enough income to offset inflationary construction cost increases. However, such funds will never be unduly exposed to market price risks that would jeopardize the assets available to accomplish their stated objective, or be invested in a manner inconsistent with applicable federal and state regulations. Yields on debt proceeds that are not exempt from federal arbitrage regulations are limited to the arbitrage yield of the debt obligation. Investment officials will seek to preserve principal and maximize the yield of these funds in the same manner as all other city funds. However, it is understood that if the yield achieved by the city is higher than the arbitrage yield, positive arbitrage income will be averaged over a five-year period and netted against any negative arbitrage income and the net amount shall be rebated to the federal government as required by current federal regulations.

(4)     Risk of loss. All employees involved in the investment process will seek to act responsibly as custodians of the public trust. All employees involved in the investment process will avoid any transactions that might impair public confidence in the city's ability to govern effectively. The governing body recognizes that in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented.

   Sec. 1.08.004     Investment strategy

Marketability. All marketable securities purchased by the city shall have active secondary markets, unless a specific cash outflow is being matched with an investment that will be held to maturity to meet that obligation. Securities may be purchased as a new issue or in the secondary markets. Securities may be sold before they mature if market conditions present an opportunity for the city to benefit from the trade or if changes in the market warrant the sale of securities to avoid future losses. Securities may be purchased with the intent, from the beginning, to sell them prior to maturity or with the expectation that the security would likely be called prior to maturity under the analyzed market scenario. Market and credit risk shall be minimized by diversification. Diversification by market sector and security types, as well as maturity, will be used to protect the city from credit and market risk in order to meet liquidity requirements.

The portfolio will be structured to benefit from anticipated market conditions and to achieve a reasonable return. Relative value between asset groups shall be analyzed and pursued as part of the active investment program within the restrictions set forth by this policy. The portfolio may be comprised of 100% of direct government obligations. Other asset types shall be limited to no more than 75% of each portfolio. No more than 10 percent of each portfolio may be held in any individual commercial paper name in order to limit credit risk.

   Sec. 1.08.005     Specific investment strategies for each type of fund group

Specific investment strategies for each type of fund group of the city are as follows:

(1)     Operating funds.

(A)     Operating funds shall have as their primary objective to assure that anticipated cash outflows are matched with adequate investment liquidity. The secondary objective is to create a portfolio structure which will experience minimal volatility during changing economic cycles. These objectives may be accomplished by purchasing high quality, short- to medium-term securities in a laddered (maturities coming due regularly and staggered to match cash outflows) or barbell (maturities that are placed very short term and maturities that are longer term, such that the average achieves cash flows and income similar to buying in the middle of those maturity spectrums) maturity structure and by diversification among market sectors.

(B)     The dollar-weighted average maturity of operating funds, based on the stated final maturity date of each security, will be calculated and limited to one year or less. However, each of the city's operating funds has a component classified as fund balance or reserve monies. The city generally tries to maintain 90 days' working capital.

(2)     Capital project funds and special purpose funds. Capital project funds and special purpose funds shall have as their primary objective to assure that anticipated cash outflows are matched with adequate investment liquidity. These portfolios should have liquid securities to allow for unanticipated project expenditures or accelerated project outlays due to a better than expected or changed construction schedule. The portfolios shall be invested based on cash flow estimates provided by the project managers and should be matched to that of the duration of the liabilities. Funds invested for capital projects may be from bond proceeds that are subject to arbitrage rebate regulations. The city will manage these funds as previously described, but will conduct an arbitrage rebate calculation annually to determine the income, if any, that has exceeded the arbitrage yield of the bond. This positive arbitrage income will be averaged over a five-year period and rebated to the federal government according to arbitrage regulations. A secondary objective of these funds is to achieve a yield equal to or greater than the arbitrage yield of the applicable bond.

(3)     Debt service funds. Debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date.

(4)     Debt service reserve funds. Debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund within the limits set forth by the bond ordinance or debt covenants specific to each individual bond issue. Individual securities may be invested to a stated final maturity of no more than five years.

   Sec. 1.08.006     Delegation and restriction of investment authority

(a)     Investment officer.

(1)     The city council shall review the city's investment strategies and monitor the results of the investment program at least annually. The governing body shall adopt a written instrument by resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to the investment policy or investment strategies. Under the direction of the city manager, the finance director has custody of all investments and invested funds and is thus referred to as the city's investment officer.

(2)     Responsibility and authority for daily investment transactions and cash management reside with the finance director. The finance director is also responsible for considering the quality and capability of staff involved in investment management and procedures. All staff included in the investment process shall seek to act responsibly as custodians of public trust.

(b)     Investment committee. There shall be established an investment committee to assist in monitoring the performance and structure of the city's portfolio. Members of this committee should include the finance director (as chair), the city manager and the assistant finance director. The investment policy shall require the investment committee to provide for minutes of any meetings held that are specifically to discuss investment information. Any member of the investment committee may request a special meeting, and two members will constitute a quorum. The investment committee will establish its own rules of procedures.

(c)     Scope. The investment committee shall include in their deliberations such topics as economic outlook, investment strategies, portfolio diversification, maturity structure, potential risk to the city's funds, authorized brokers and dealers, rate of return on the investment portfolio, and compliance with investment policy. The investment committee will also advise the city council of any future amendments to the investment policy that are held necessary or recommended.

(d)     Delegation. Oversight management responsibility for the investment program has been delegated to the finance director to establish written procedures and controls for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for the daily cash management operation, the execution of investment transactions, overall portfolio management and investment reporting. This delegation of authority has been made to the assistant finance director.

(e)     Subordinates. No person shall engage in an investment transaction except as provided under the terms of this policy, the procedures established by the finance director, and the explicit authorization by the city manager to withdraw, transfer, deposit and invest the city's funds. The city council, by resolution, has authorized the city manager to appoint these individuals. The finance director and the assistant finance director shall be responsible for all transactions undertaken, and shall establish a system of controls to regulate the activities of any subordinates.

(f)     Conflicts of interest. All employees involved in the investment process will refrain from personal business activity that could conflict with proper execution and management of the investment program, or which could impair their ability to make impartial investment decisions. All employees involved in the investment process shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the city.

(g)     Disclosure. All employees involved in the investment process shall disclose to the city manager any material personal financial interest in financial institutions that conduct business with the city. All employees involved in the investment process shall further disclose any material, personal investment positions that could be related to the performance of the city's investment portfolio. All employees involved in the investment process shall subordinate their personal investment transactions to those of this jurisdiction, particularly with regard to the timing of purchases and sales. An employee who is related within the second degree by affinity or consanguinity to individuals seeking to sell an investment to the city shall file a statement disclosing that relationship with the city council.

(h)     Investment training. The investment officer shall, within 12 months after taking office or assuming duties, attend an investment training session of not less than ten (10) hours of instruction relating to investment responsibilities and thereafter attend an investment training session at least once in every two-year period and receive not less than ten (10) hours of instruction from an independent source including GFOA, GTOT, MTA, GFOAT, AICPA, and TML approved by the investment committee. Training must include education in investment controls, security risks, strategy risks, market risks, and compliance with state investment statutes.

   Sec. 1.08.007     Authorized investments

(a)     Funds of the city may be invested in the following investments, as authorized by chapter 2256 of the Government Code of the state, known as the Public Funds Investment Act, and as authorized by this investment policy. Investments not specifically listed below are not authorized:

(1)     Obligations of the United States or its agencies and instrumentalities;

(2)     Direct obligations of this state or its agencies;

(3)     Other obligations, the principal and interest of which are unconditionally guaranteed or insured by the state or the United States or its instrumentalities;

(4)     Obligations of states, agencies, counties, cities, and other political subdivisions of any state, rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent;

(5)     Certificates of deposit that are issued by a state or national bank domiciled in the state and that are guaranteed or insured by the Federal Deposit Insurance Corporation or are secured as to principal by obligations described in the preceding clauses or in any other manner and amount provided by law for city deposits;

(6)     Fully collateralized repurchase or reverse repurchase agreements that have a defined termination date, are fully secured by obligations described in the preceding subsections (a)(1) through (4) of this section of the policy, and are placed through a primary government securities dealer or a financial institution doing business in the state;

(7)     Commercial paper that is rated at least A-1 or P-1 or the equivalent by either: (A) two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency if the paper is fully secured by an irrevocable letter of credit issued by a U.S. or state bank;

(8)     No-load money market mutual funds regulated by the Securities and Exchange Commission that have a dollar-weighted average stated maturity of 90 days or less, invest exclusively in obligations authorized by the preceding subsections (a)(1) through (7) of this section of the policy, and include in their investment objectives the maintenance of a stable net asset value of $1 for each share. No more than an aggregate 80% of the city's monthly average fund balance, excluding bond proceeds, reserves and debt service funds may be invested in money market mutual funds either separately or collectively with mutual funds. No more than 10% of the city's funds may be invested in any one money market mutual fund; and

(9)     No-load mutual funds that are registered with the Securities and Exchange Commission, that have an average weighted maturity of less than two years, that are invested exclusively in obligations authorized by the preceding subsections (a)(1) through (8) of this section of the policy, and are continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent. No more than an aggregate 15% of the city's monthly average fund balance, excluding bond proceeds, reserves and debt service funds may be invested in mutual funds separately to not exceed the 80% cap on a collective investment with money market mutual funds. Mutual funds are not authorized investments for any portion of bond proceeds, reserves and debt service funds. No more than 10% of the city's funds may be invested in any one mutual fund.

(b)     The city may invest in such obligations listed in the preceding subsections (a)(1) through (9) of this section of the policy, directly or through government investment pools that invest solely in such obligations. Government investment pools must be rated by a nationally recognized credit rating agency with a rating of AAA or AAAm or their equivalents. Government investment pools must also maintain certain standards and furnish certain information to each participant entity prior to the initial opening of an account and each month thereafter as outlined by state law.

   Sec. 1.08.008     Investment reports

(a)     The assistant finance director, under the direction of the finance director, shall prepare quarterly an investment report including a management summary that provides an analysis of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will allow the city to ascertain whether investment activities during the reporting period have conformed to the investment policy. The report should be provided to the city council, the city manager and the finance director. The investment reports shall be formally reviewed at least annually by an independent auditor and the results of the review shall be reported to council by that auditor. This report must be presented within 90 days of the end of the quarter reporting period. The report must contain the following information:

(1)     Investment position of the city on the date of the report;

(2)     Prepared by the finance director or his/her designee;

(3)     A signature of each member of the investment committee;

(4)     A summary statement prepared in compliance with generally accepted accounting principles, of each fund or individual portfolio, sorted by type of asset, that states the fully accrued income for the reporting period; beginning market value for the reporting period; ending market value for the period; and the resulting change in market value that may have occurred and a comparison of the same to the previous quarter;

(5)     A comparison of book value vs. market value and the unrealized gain or loss at the end of the period and the comparison to the previous period by asset type and fund type invested;

(6)     State the duration or average maturity of each portfolio;

(7)     State the accounting fund for which individual investments were acquired, by name or number or both;

(8)     State the compliance of the investment portfolio as it relates to the investment strategy expressed in the city's investment policy and compliance with all laws governing the city's investments;

(9)     Disclose the investment income earned and yields, by portfolio;

(10)     Disclose the investment income earned, by accounting fund;

(11)     Demonstrate the diversification of the city's investments; and

(12)     Provide a listing of approved broker/dealers and financial institutions.

(13)     A comparison of the income earned by the city compared to what could have been earned during the same period by investing passively in 90-day treasury bills.

(b)     The assistant finance director is responsible for the recording of investment transactions and the maintenance of the investment records, with reconciliation to the accounting records.

   Sec. 1.08.009     Portfolio and investment asset parameters

(a)     Bidding process for investments. The city may accept bids for certificates of deposit and for all marketable securities either orally, in writing, electronically, or in any combination of these methods. The investment officer or his/her designee will strive to receive two to three price quotes on marketable securities being sold, but may allow one broker/dealer to sell at a predetermined price under certain market conditions. Investments purchased shall be shopped competitively between approved financial institution and broker/dealers. Security swaps are allowed as long as maturity extensions, credit quality changes and profits or losses taken are within the other guidelines set forth in this policy.

(b)     Maximum maturities. The city will manage its investments to meet anticipated cash flow requirements. Unless matched to a specific cash flow, the city will not directly invest in securities maturing more than five years from the date of purchase.

(c)     Maximum dollar-weighted average maturity. Under most market conditions, the composite portfolio will be managed to achieve a two-year dollar-weighted average maturity. However, under certain market conditions, investment officials may need to shorten or lengthen the average life or duration of the portfolio to protect the city. The maximum dollar-weighted average maturity based on the stated final maturity authorized by this investment policy for the composite portfolio of the city shall be five years.

(d)     Diversification. It is the policy of the city to diversify its investment portfolios. Assets held in each investment portfolio shall be diversified to eliminate the risk of loss resulting from one concentration of assets in a specific maturity, a specific issuer or a specific class of securities. Diversification strategies shall be determined and revised periodically by the investment committee. In establishing specific diversification strategies, the following general policies and constraints shall apply:

(1)     Portfolio maturities and potential call dates shall be staggered in a way that protects interest income from the volatility of interest rates and that avoids undue concentration of assets in a specific maturity or callable sector. Securities shall be selected which provide for stability of income and reasonable liquidity.

(2)     The portfolio may be comprised of 100% of U.S. government obligations, 100% repurchase agreements, or 100% constant dollar government investment pools. Other asset types shall be limited to no more than 50% of each portfolio. No more than 10 percent of each portfolio may be held in any individual commercial paper issuer name.

(e)     Pricing. Market price for investments acquired for the city's investment portfolio shall be priced using independent pricing sources and market value monitor at least monthly. When purchasing an investment an attempt shall be made to receive at least two broker quotes.

   Sec. 1.08.010     Selection of depository financial institutions and broker/dealers

(a)     Bidding process. Depositories shall be selected through the city's banking services procurement process, which shall include a formal request for proposal (RFP) issued not less than every three years with a typical contract being for three (3) years with an option to extend the contract for an additional two (2) years. In selecting depositories, the credit worthiness of institutions shall be considered, and the finance director shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. No public deposit shall be made except in a qualified public depository as established by state depository laws. The depository bank bid will not include bids for investment rates on certificates of deposit. Certificate of deposit rates will be shopped competitively between qualified financial institutions in accordance with the manner in which all other types of investment assets are purchased.

(b)     Insurability. Banks and savings and loan associations seeking to establish eligibility for the city's competitive certificate of deposit purchase program shall submit financial statements, evidence of federal insurance and other information as required by the investment officials of the city.

(c)     Authorized depository, financial institutions and broker/dealers.

(1)     The finance director will maintain a list of financial institutions and broker/dealers selected by credit worthiness, who are authorized to provide investment services to the city. The maximum number of broker/dealers authorized to provide investment services shall not exceed five, not including the current bank depository. These broker/dealers must qualify under Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule) and meet other financial credit criteria standard in the industry. The investment committee shall select these broker/dealers based on the firm's competitiveness, city experience with the firm (if applicable), and the experience and background of the salesperson handling the account. The five firms will be reviewed annually by the investment committee and changed as appropriate.

(2)     All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the finance director with the following:

(A)     Audited financial statements;

(B)     Proof of National Association of Securities Dealers (N.A.S.D.) certification;

(C)     Proof of registration with the state securities board;

(D)     Resumes of all sales representatives who will purchase or sell securities or otherwise represent the financial institution or broker/dealer firm in their dealings with the city; and

(E)     Texas Public Funds Investment Act acknowledgments from a business organization “qualified representative” of the financial institution or broker/dealer and all sales representatives on the city's account that they have received, read, and understood and agree to comply with the city's investment policy. The qualified representative shall execute a written instrument acceptable to the city and the business organization (appendix A to Ordinance 04-953 on file in the office of the city secretary).

(3)     A list of these approved financial institutions and broker/dealers shall be maintained in an appendix of this investment policy document, and the approved list will be reviewed at least annually by the finance director and any additions or deletions made as needed. Investments shall only be made with those firms and institutions who have:

(A)     Acknowledged receipt and understanding of the city's investment policy. The registered principal of the business shall execute written Public Fund Investment Act acknowledgments and receipt of the city's investment policy.

(B)     Met the qualifications and standards as set forth in the Investment Policy.

   Sec. 1.08.011     Collateralization of city's deposits

(a)     Insurance or collateral pledged. Collateralization shall be required on depository bank deposits, certificates of deposit, and repurchase (and reverse) agreements in accordance with the Public Funds Collateral Act and depository laws (see Appendix B to Ordinance 04-953 on file in the office of the city secretary). In order to anticipate market changes and provide a level of security for all funds, the collateralization level will not be less than 102% of market value of principal and accrued interest, less an amount of $100,000, which represents insurance by the FDIC or FSLIC on certain types of bank deposits. Evidence of the pledged collateral shall be documented by a safekeeping agreement or a master repurchase agreement with the collateral pledged clearly listed in the agreement and safekeeping confirmations. The master repurchase agreement must be executed and in place prior to the investment of funds. Collateral shall be monitored monthly to ensure that the market value of the securities pledged equals or exceeds the related deposit or investment balance.

(b)     Collateral defined. The city shall accept only the following insurance and securities as collateral for cash deposits, certificates of deposit, and repurchase agreements:

(1)     FDIC insurance coverage.

(2)     Obligations of the United States of America, its agencies and instrumentalities, including agency and instrumentality issued mortgage backed collateral.

(3)     Other obligations, the principal of and interest on which are unconditionally guaranteed or insured by the state or the United States of America or its agencies and instrumentalities.

(4)     Other securities specifically authorized by the finance director.

(c)     Collateral safekeeping agreement. The city shall not accept, as depository collateral, any security that is not specifically allowed to be held as a direct investment by the city's portfolio and that the maximum maturity of the collateral securities may be no greater than five years. Collateral will always be held by an independent third party with whom the entity has a current custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the city and retained. The safekeeping agreement must clearly define the responsibility of the safekeeping bank. The safekeeping institution shall be the Federal Reserve Bank, the Federal Home Loan Bank, or an institution not affiliated with the financial institution or broker/dealer that is pledging the collateral. The safekeeping agreement shall include the authorized signatories of the city and the firm pledging collateral.     

(d)     Audit of pledged collateral. All collateral shall be subject to verification and audit by the investment committee or the city's independent auditors.

   Sec. 1.08.012     Safekeeping and custody of investment assets

(a)     All security transactions, including collateral for repurchase (reverse) agreements entered into by the city shall be conducted using the delivery vs. payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the correct security was received by the safekeeping bank. The safekeeping or custody bank is responsible for matching up instructions from the city's investment officials on an investment settlement with what is wired from the broker/dealer, prior to releasing the city's designated funds for a given purchase. The security shall be held in the name of the city or held on behalf of the city in a bank nominee name.

(b)     Securities will be held by a third party custodian designated by the city treasurer and evidenced by safekeeping receipts. The safekeeping bank's records shall assure the notation of the city's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the city. A safekeeping agreement must be in place which clearly defines the responsibilities of the safekeeping bank.

   Sec. 1.08.013     Management and internal controls

(a)     The finance director and assistant finance director shall establish a system of internal controls which shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or investment officials of the city. Controls and managerial emphasis deemed most important that shall be employed where practical are:

(1)     Control of collusion.

(2)     Separation of duties.

(3)     Separation of transaction authority from accounting and record-keeping.

(4)     Custodian safekeeping receipts records management.

(5)     Avoidance of bearer-form securities.

(6)     Clear delegation of authority.

(7)     Documentation of investment bidding events.

(8)     Written confirmations from broker/dealers and financial institutions.

(9)     Reconciliations and comparisons of security receipts with the investment subsidiary records.

(10)     Compliance with investment policies.

(11)     Accurate and timely investment reports as required by law and this policy.

(12)     Adequate training and development of the investment officer.

(13)     Verification of all investment income and security purchase and sell computations.

(14)     Review of financial condition of all broker/dealers and depository institutions.

(15)     Staying informed about market conditions, changes, and trends that require adjustments in investment strategies.

(b)     These procedures will be reviewed for compliance during the annual audit by the external auditor. This review will provide internal control by assuring compliance with laws, policies and procedures as required by the Public Funds Investment Act [section 2256.0050(m)].

   Sec. 1.08.014     Investment policy adoption

The city's investment policy shall be adopted by resolution of the city council and shall be reviewed on an annual basis. Any modifications made thereto must be approved by the city council.

(Ordinance 04-953 adopted 2/3/04)

   ARTICLE 1.09 EMERGENCY AND DISASTER MANAGEMENT

   Sec. 1.09.001     Organization

(a)     There exists the office of emergency management director of the city, which shall be held by the mayor in accordance with state law.

(b)     An emergency management coordinator may be appointed by and serve at the pleasure of the director.

(c)     The director shall be responsible for a program of comprehensive emergency management within the city and for carrying out the duties and responsibilities set forth in this article. He/she may delegate authority for execution of these duties to the coordinator, but ultimate responsibility for such execution shall remain with the director.

(d)     The operational emergency management organization of the city shall consist of the officers and employees of the city so designated by the director in the emergency management plan. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan.

(1991 Code, sec. 7.801)

   Sec. 1.09.002     Emergency management director's powers and duties

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

(1)     Conduct an ongoing survey of actual or potential major hazards which threaten life and property within the city, and an ongoing program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur.

(2)     Supervision of the development and approval of an emergency management plan for the city, and recommend for adoption by the city council all mutual aid arrangements deemed necessary for the implementation of such plan.

(3)     Authority to declare a state of disaster. The declaration may not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the city council. Any order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary.

(4)     Issuance of necessary proclamations, regulations or directives which are necessary for carrying out the purposes of this article. Such proclamations, regulations or directives shall be disseminated promptly by means calculated to bring their contents to the attention of the general public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the city secretary.

(5)     Direction and control of the operations of the city emergency management organization as well as the training of emergency management personnel.

(6)     Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city.

(7)     Maintenance of liaison with other municipal, county, district, state, regional, federal or other emergency management organizations.

(8)     Marshaling of all necessary personnel, equipment or supplies from any department of the city to aid in carrying out the provisions of the emergency management plan.

(9)     Supervision of the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the countywide coordination of emergency management efforts.

(10)     Supervision of and final authorization for the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city.

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

(12)     Survey of the availability of existing personnel, equipment, supplies, and services which could be used during a disaster, as provided for herein.

(13)     Other requirements as specified in Texas Disaster Act of 1975 (V.T.C.S. article 6889-7), as amended.

(1991 Code, sec. 7.802)

   Sec. 1.09.003     Emergency management plan

A comprehensive emergency management plan shall be developed and maintained in a current state. The plan shall set forth the form of the organization; establish and designate divisions and functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to carry out the provisions of this article. As provided by state law, the plan shall follow the standards and criteria established by the state division of emergency management. Insofar as possible, the form of organization, titles, and terminology shall conform to the recommendations of the state division of emergency management. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to this article and have the effect of law during the time of a disaster. (1991 Code, sec. 7.803)

   Sec. 1.09.004     Interjurisdictional program

The mayor is hereby authorized to join with the county judge and the mayors of other cities in the county in the formation of an emergency management council for the county and shall have the authority to cooperate in the preparation of a joint emergency management plan and in the appointment of a joint emergency management coordinator, as well as all powers necessary to participate in a countywide program of emergency management insofar as said program may affect the city. (1991 Code, sec. 7.804)

   Sec. 1.09.005     Override

At all times when the orders, rules, and regulations made and promulgated pursuant to this article shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith. (1991 Code, sec. 7.805)

   Sec. 1.09.006     Liability

This article is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety and neither the city, the agents and representatives of said city, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule, or regulation promulgated pursuant to the provisions of this article shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the city a license 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 or natural or manmade disaster shall, together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or about such real estate or premises under such license, privilege or other permission or for loss of, or damage to, the property of such person. (1991 Code, sec. 7.806)

   Sec. 1.09.007     Commitment of funds

No person shall have the right to expend any public funds of the city in carrying out any emergency management activity authorized by this article without prior approval by the city council, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the city council unless during a declared disaster. During a declared disaster, the mayor may expend and/or commit public funds of the city when deemed necessary for the protection of health, life, and property. (1991 Code, sec. 7.807)

   Sec. 1.09.008     Offenses; penalties

(a)     It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to this article, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in this article.

(b)     It shall likewise be unlawful for any person to wear, carry or display any emblem, insignia or any other means of identification as a member of the emergency management organization of the city, unless authority to do so has been granted to such person by the proper officials.

(c)     Any unauthorized person who shall operate a siren or other device so as to simulate a warning signal, or the termination of a warning, shall be deemed guilty of a violation of this article and shall be subject to the penalties imposed by this section.

(d)     Convictions for violations of the provisions of this article shall be punishable by fine as provided for in section 1.01.009 of this code.

(1991 Code, sec. 7.808)

   ARTICLE 1.10 DISCRIMINATION

   Division 1. Generally

   Secs. 1.10.001–1.10.030     Reserved

   Division 2. Fair Housing*

   Sec. 1.10.031     Definitions

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

Director. The city manager or his/her designee.

Discriminatory housing practice. An act which is unlawful under this division.

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

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

Major life activities. Functions such as, but not limited to, caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Person. One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and fiduciaries.

Physical or mental impairment. Includes:

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

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

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

Senior adult. A person fifty-five (55) years of age or older.

   Sec. 1.10.032     Interpretation and effect

This division shall in no way be interpreted as creating a judicial right or remedy which is the same or substantially equivalent to the remedies provided under title VIII of the Civil Rights Act of 1968, as amended or the Federal Equal Credit Opportunity Act (15 U.S.C. 1691). All aggrieved parties shall retain the rights granted to them to title VIII of the Civil Rights Act of 1968, amended and the Federal Equal Credit Opportunity Act. In construing this division, it is the intent of the city council that the courts shall be guided by the General Court Interpretations of title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act, where appropriate.

   Sec. 1.10.033     Discrimination in the sale or rental of housing

Except as exempted by statute 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, national origin, physical or mental disability, or familial status.

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

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

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

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

   Sec. 1.10.034     Discrimination in housing financing

It shall be unlawful for any bank, building and loan association, insurance company, or other person whose business consists in whole or in part in the making of commercial real estate loans to deny a loan or other financial assistance to a person applying therefore 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, national origin, physical or mental disability, or familial status of such person or such persons associated therewith or because of the race, color, religion, sex, national origin, physical or mental disability, or familial status, of the present or prospective owners, lessees, tenants or occupants of the dwelling or dwellings for which such loan or other financial assistance is to be made or given.

   Sec. 1.10.035     Discrimination in providing brokerage service

It shall be unlawful for any person to deny another person access to membership in, or participation in any multiple listing service, real estate brokers' organization, or other service, organization or facility relating to the business of selling and renting dwellings or to discriminate against another person in the terms or conditions of such access, membership or participation, on account of race, color, religion, sex, national origin, physical or mental disability, or familial status.

   Sec. 1.10.036     Unlawful intimidation

It shall be unlawful for any person to harass, threaten, harm, damage or otherwise penalize any individual, group or business because such individual, group, or business has complied with the provisions of this division or has exercised in good faith rights under this division, or has enjoyed the benefits of this division, or because such individual, group, or business has made a charge in good faith, testified in good faith or assisted in good faith in any manner in any investigation, or in any proceeding hereunder or has made any report to the director.

   Sec. 1.10.037     Exemptions and exclusions

(a)     Nothing in this division shall apply to:

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

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

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

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

(D)     The sale or rental is made without the use in any manner of the sales of 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

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

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

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

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

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

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

(c)     Nothing in this division shall prohibit a religious organization, association or society or a nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to person 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, national origin, physical or mental disability, or familial status.

(d)     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, or from giving preference to its members.

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

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

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

   Sec. 1.10.038     Violations

No person shall violate any provision of this division, or knowingly obstruct or prevent compliance with this division.

   Sec. 1.10.039     Responsibility for enforcement

The director of human relations department shall have the responsibility of administering and implementing this division. The director may delegate the authority to investigate and conciliate complaints to other designated city employees.

   Sec. 1.10.040     Complaints

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

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

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

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

(e)     If at any time the director shall receive or discover credible evidence and shall have 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 director may prepare and file a complaint upon his own motion and in his own name and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved.

   Sec. 1.10.041     Investigation and conciliation

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

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

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

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

   Sec. 1.10.042     Penalty

If a discriminatory housing practice is found to have in fact occurred and the case has been referred to municipal court, the respondent shall be assessed a penalty of $300.00 per violation.

(Ordinance 16-20 adopted 5/17/16)

   ARTICLE 1.11 CITY COUNCIL

   Division 1. Generally

   Secs. 1.11.001–1.11.030     Reserved

   Division 2. Allegations of Misconduct Against Members

   Sec. 1.11.031     Purpose

An allegation of official misconduct against members of city council shall be filed in compliance with these regulations.

   Sec. 1.11.032     Definitions

Accused. The individual against whom an allegation of official misconduct is made.

Complainant. The individual filing an allegation of official misconduct.

Intentional. A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

Members of city council. City council members and the mayor.

Negligent. A person acts with negligence, is negligent, or acts with neglect, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

Official duties. Those duties imposed or required by state law, city charter or local ordinances on the office of which the individual occupies.

Official misconduct. Intentional, unlawful behavior relating to official duties and includes intentional or negligent failure, refusal, or neglect to perform a duty imposed on the councilmember (including mayor) by law whether it be federal, state, local ordinance or the city charter.

Unlawful. A violation of a local, state or federal law and includes a violation of the city ordinances and the city charter.

   Sec. 1.11.033     Required

All allegations of official misconduct shall:

(1)     Be submitted in writing on a form prescribed by the city council and filed with the office of the city secretary who shall date stamp the document for the day it was submitted;

(2)     Be signed under oath;

(3)     Be dated; and

(4)     Provide, with as much detail and specificity as possible, all information requested on the form, including the name and office of the accused, the provision(s) of the alleged official misconduct, facts constituting the alleged official misconduct, any relevant documentations supporting the allegations, and the names and addresses of potential witnesses. All such information shall be provided to the best of the complainant's knowledge and belief and should be in sufficient detail to give the accused notice of the alleged violations.

   Sec. 1.11.034     Alleged misconduct

The city secretary shall as soon as reasonably practical, but in no event later than 5 business days from the date submitted, provide a copy of the allegations of official misconduct to the city attorney and city manager and within five business days of receipt of the allegation of official misconduct provide a copy of the allegation of official misconduct to the city council and to the accused with a copy of these regulations.

   Sec. 1.11.035     Legal counsel

The city manager shall have the authority and shall be required, as soon as reasonably practical but in no event later than 5 days from the date received from the city secretary, to engage the services of independent legal counsel to assist the city council. A copy of the allegation of official misconduct shall be provided to the independent legal counsel upon the engagement of their services.

   Sec. 1.11.036     Written response

The accused shall be provided ten business days, from the date of their receipt of the allegation of official misconduct, to provide a written response with the office of the city secretary, for distribution to the city manager, the city council, city attorney and the independent legal counsel.

   Sec. 1.11.037     Communication

There shall be no communication between councilmembers regarding any allegation of official misconduct filed except at a properly called city council meeting in accordance with these regulations.

   Sec. 1.11.038     No ex-parte communications

There shall be no ex-parte communications between the city council and any other individual, including but not limited to, the complainant, city staff, the city attorney, independent legal counsel, other city council members, the mayor, any witnesses or the accused.

   Sec. 1.11.039     Public hearing

(a)     Public hearing process before city council:

(1)     Rules of order shall be adopted and enforced;

(2)     City council, by majority vote, shall set rules for public participation;

(3)     Neither the accused nor the complainant may sit at the dais and neither shall participate in deliberation or vote on any issue regarding the allegation of official misconduct;

(4)     A special meeting shall be held no earlier than 15 business days and no later than 45 business days after written notice of the allegation of official misconduct is provided to city council by the city manager to deliberate the allegation of official misconduct;

(5)     The public hearing shall be conducted in open session, except that the city council may conduct a closed session to get advice from its attorney pursuant to the Texas Open Meetings Act;

(6)     The official title of the accused shall be listed on the agenda and the personal name of the accused shall not be listed;

(7)     City council shall state the nature of the hearing and the allegations to be considered, shall be provided the results of any investigation and a presentation of the evidence against the accused including, but not limited to testimony from individuals;

(8)     The complainant or their representative shall be provided 60 minutes to present the allegation of misconduct and any relevant evidence;

(9)     The complainant shall not be authorized to present any witnesses or evidence not listed or provided with the allegation of misconduct at the time it was filed with the office of the city secretary;

(10)     The accused or their representative shall be provided 60 minutes to respond to the allegation of misconduct and present evidence;

(11)     Members of city council sitting at the dais may call upon any individuals relevant to the allegation of misconduct to present testimony, evidence or information;

(12)     Only members of city council sitting at the dais, or independent legal counsel, may ask questions of any individual giving testimony;

(13)     City council shall debate the allegation of official misconduct;

(14)     After debate the city council may, by motion and majority vote, take any action it determines necessary including, but not limited to, the following:

(A)     Direct further investigation;

(B)     Request further information;

(C)     Dismiss the allegation of misconduct; and

(D)     Impose discipline other than forfeiture of office, including, but not limited to, censure by resolution.

(b)     City council may adjourn the public hearing from time to time in order to receive further information or have an investigation conducted.

   Sec. 1.11.040     Determination of official misconduct

(a)     A finding of official misconduct may be made on the following motion:

“I move that the accused be found guilty of the following allegations of official misconduct:....(list allegations of official misconduct)....”

(b)     All members of city council except for the accused and the complainant shall vote on the motion.

(c)     All determinations of official misconduct shall be reduced to resolution form at the same meeting where the determination is made and shall include the following findings:

(1)     Whether the behavior was intentional or negligent;

(2)     The official duty(s) to which the behavior was related; and

(3)     The specific law which imposed or required the official duty.

(d)     A finding of “guilty” of official misconduct shall be approved on an affirmative vote of four (4) members of city council. The mayor, except as otherwise provided for in this division, shall vote on a motion of official misconduct.

(Ordinance 17-63 adopted 10/17/17)

   Secs. 1.11.041–1.11.060     Reserved

   Division 3. Code of Ethics

   Sec. 1.11.061     Policy statement

Public service is a public trust, built on respect for all people requiring that our elected officials obey the law and place ethical principles above private gain. The public should have confidence in the integrity of its government. City council persons should be independent, impartial and responsible to the people. Public office should not be used for personal gain. Government decisions and policy should be made within the proper channels of government structure, and citizens should be kept informed and educated about the issues facing their city. In recognition of these goals, a code of ethics for the city council is adopted.

   Sec. 1.11.062     Statement of mission

All members of city council will display behavior that demonstrates independent, impartial review of all matters addressed by them, and shall be responsible and respectful to the citizens and to each other in their relationships.

   Sec. 1.11.063     Definitions

When used in this policy, the following terms shall have the meanings respectively ascribed to them in this section, unless specifically stated otherwise:

Business entity. A sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized by law through which business is conducted.

Confidential information. Includes privileged statements or communications, whether express or implied, oral or written, between the city officers and employees and their attorneys, work product of the city attorney or other attorneys representing the city, its officers and employees, and city records, documents and other information not subject to public disclosure or dissemination by law.

Person. Any resident of the United States of America.

Relative or related. Any person related to an employee, officer, or official within the second degree of consanguinity or affinity and shall include a spouse, father, mother, brother, sister, son, daughter, grandparent, grandchild, aunt or uncle.

Substantial, direct or indirect interest in a business entity.

(1)     A person who owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $5,000 or more of the fair market value of the business;

(2)     Funds received by the person from the business entity exceed 10 percent of the person's gross income for the previous year;

(3)     A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more; or

(4)     A local public employee, officer, or official is considered to have a substantial interest within this definition if a person related to the employee, officer, or official in the second degree by consanguinity or affinity, has a substantial interest as defined herein.

   Sec. 1.11.064     Code of ethics

Council persons of the city have a special responsibility to the citizens. They should be dedicated to the highest ideals of honor and integrity in all public and personal relationships. They should demonstrate a commitment to the preservation of the values and integrity of local government, and a dedication to effective, efficient governance. To further these objectives the following code of ethics shall govern the city council, who shall:

(1)     Keep the public informed through compliance with the spirit and intent of the Public Information Act and the Open Meetings Act of the Texas Government Code;

(2)     Adhere to all laws and regulations that provide for equal opportunity for all citizens and provide city services without regard to race, color, religion, sex, national origin, age or handicap;

(3)     Refrain from entering into any activity which may be in conflict with or give the appearance of conflict with the interests of the citizens or which would prejudice their ability to carry out objectively their duties and responsibilities;

(4)     Never accept or solicit any gift or item of monetary value or promise of future gift or favor from any person or business entity that is seeking official action from the city council member;

(5)     Act impartially and not give preferential treatment to any private organization or individual or use their position for private gain;

(6)     Disclose, as a matter of record, any substantial direct or indirect financial interest in any matter requiring official action, and shall not participate in any vote or decision on a matter in which they have a direct or indirect financial interest;

(7)     Ensure the accuracy and reliability of records and reports essential for the city's reputation and ability to meet its obligations and comply with the law;

(8)     Protect the privacy of confidential information concerning city functions and never use such information for personal benefit;

(9)     Protect and conserve city property and never use it for other than authorized activities;

(10)     Disclose waste, fraud, abuse, and corruption to appropriate authorities;

(11)     Never ask or direct any other official or employee to violate any provision of this code of ethics by action or omission; and

(12)     Councilmembers shall not misrepresent themselves, either personally or as a councilmember, to the public at any time.

   Sec. 1.11.065     Commission

The city council shall establish an ethics commission serving the city. The city ethics commission will be established according to the following guidelines:

(1)     Composition. The commission will be composed of three (3) members drawn at need from the pool of available candidates and will be dissolved upon determining the disposition of all complaints under its review.

(2)     Pool of candidates. The pool of candidates shall consist of six (6) residents of the city who apply and are approved. No candidate may have a substantial business interest with the city, act as a member of another board or commission for the city, be an employee or elected official of the city, or be a relative of the above. No candidate may have been convicted of a felony offense or a crime of moral turpitude. The commission candidates pool must be approved by two-thirds (2/3) vote of the full city council. The right of the mayor to vote on commission appointments is controlled by the city charter. Candidates appointed to serve will do so for a period of two years. However, in order to ensure continuity by implementing staggered terms of service, the appointees shall draw lots so that initially, some members serve an initial one-year term, and some members will serve an initial two-year term. Terms thereafter will be two (2) year terms. No person may serve more than two (2) consecutive two-year terms. A person may be reappointed after having been off the ethics commission for twelve (12) consecutive months.

(3)     Removal. By two-thirds (2/3) majority vote of the full city council, ethics commission candidates may be removed from the pool for failure to perform their assigned duties, or for violations of the provisions of this document. The mayor's right to vote on appointment or removal of commission candidates is controlled by the city charter.

(4)     Officers and quorum. Each commission will select a chairperson, who will be responsible for scheduling and presiding over meetings and hearings for that commission. Meetings and decisions require the full attendance of the commission.

(5)     Meetings. Meetings will be called by the chairperson as required to resolve complaints brought before the commission. Any member of the commission may call a meeting, provided that reasonable notice is given to each member, and to any person requesting notice of commission meetings.

(6)     Compensation. No member of the commission may receive a salary, but may be reimbursed for expenses according to city policy.

   Sec. 1.11.066     Disposition of complaints

(a)     Required. All complaints or allegations of a violation of this code of ethics against a councilmember covered by this code must state:

(1)     The specific section(s) of the ethics code that has been violated.

(2)     The specific act which violated the specified section(s).

(3)     That the complaining party or parties has personal knowledge of the violation.

(b)     Initiation of complaints.

(1)     Complaints may be brought by any person.

(2)     All complaints must be sworn to as true and correct by the complaining party, before a notary public. The complaining party must be advised by the city secretary that the statements may be subject to prosecution for false statement and libel.

(3)     The complaint form (see appendix to Ordinance 18-17) must be filed of record with the city manager or designee, who will forward a copy of the complaint within three (3) working days to the party complained against and the city attorney. Complaints must be filed within one (1) year of the date of occurrence of the incident, or within ninety (90) days of discovery, whichever is sooner. The city secretary, city manager and city attorney or their designee(s) will treat the complaint as a personnel issue and maintain confidentiality, except as required to proceed with the disposition of the complaint and as subject to any other laws.

(c)     Confidentiality. After a complaint has been filed with the ethics commission, no member of the commission may communicate directly or indirectly with the complaining party or the complainant regarding issues of the complaint, except at a meeting of the ethics commission. No party to the complaint will communicate directly or indirectly with any member of the commission regarding issues of the complaint, except at a meeting of the ethics commission. The names of the complaining party, party complained against, and the nature of the complaint will be held confidential until required to be published by the Open Records and Meetings Acts.

(d)     Preliminary hearing.

(1)     The ethics commission is required to hold a preliminary hearing within fifteen (15) working days of the date of filing of a complaint with the city secretary or designee. If the commission is unable to do so, it must notify the complaining party, city council and the party complained against of the reasons for the delay. The delay may not exceed fifteen (15) working days. The preliminary hearing will be held for the purposes of establishing whether or not the complaint is validly stated, and whether or not sufficient evidence of a violation exists to warrant investigation of the complaint. Should the ethics commission find that the complaint is improperly worded or is insubstantial, it will provide the complaining party ten (10) working days to resubmit the complaint. If the complaining party fails to resubmit, or if the complaint is still found to be insubstantial, the ethics commission must dismiss the complaint and provide written notification to the involved parties and city council, city secretary, city manager and city attorney of its reasons for dismissal. A complaint may not be refiled on the same issue unless significant new facts are discovered.

(2)     If, during the preliminary hearing, the party complained against acknowledges that the complaint is valid, the ethics commission will immediately proceed to determine the severity of the offense and recommend a public censure as outlined in the sanctions and penalties section.

(e)     Final hearing. If the complaint is determined to provide sufficient evidence of a violation to warrant pursuit, the commission will set a final hearing date to occur within twenty-five (25) working days of the preliminary hearing. The complainant, party complained against, city council, city manager, city secretary and city attorney will be notified in writing within seventy-two (72) hours of setting a final hearing date. The purpose of the final hearing is to determine whether a violation of the ethics code occurred, based on a preponderance of credible evidence in the record. To this end, the commission may request any applicable public records and sworn testimony from witnesses.

(f)     Disposition. Findings of the final hearing will state, in writing, whether a violation occurred, the section of the code found to have been violated, if any, and the action recommended by the ethics commission as outlined in the sanctions and penalties section. Disposition of the complaint made at the final hearing will be submitted to the city secretary, city manager and city attorney and recorded within five (5) working days. Copies will be sent to the complainant, person complained against, city council and city attorney by hand delivery or registered mail. If requested in writing to the city secretary by the party complained against, findings will be published in the official newspaper designated by the city.

   Sec. 1.11.067     Enforcement

(a)     Sanctions and penalties. The commission is responsible for recommending sanctions and penalties in cases where a violation of the ethics code is found to have occurred.

(b)     Elected officials. Should the ethics commission find a violation to have occurred involving a council person, the finding and recommendations regarding sanctions shall be matters of public record. The city manager is required to place the ethics commission's recommendation on the agenda for the next regularly scheduled council meeting and, by simple majority, vote to accept or reject the recommendation.

   Sec. 1.11.068     Sanctions and penalties

(a)     Should the ethics commission find that a violation has not occurred, or that a determination cannot be made, it must issue a statement dismissing the complaint. The statement must describe the commission's reasons for dismissing the complaint. A complaint may not be re-filed on the same issue unless significant new facts are discovered.

(b)     If the ethics commission finds that a violation of the ethics code has occurred, it shall make a recommendation to the appropriate bodies defined in the enforcement section, as follows:

(1)     A letter of admonition shall be issued when the violation is minor and may or may not have been unintentional, but calls for a response.

(2)     A letter of reprimand shall be issued when the ethics commission finds that a violation has been committed either intentionally or through disregard of the ethics code.

(3)     A recommendation to call for resignation or forfeiture of the council persons seat shall be issued if the ethics commission finds that a serious or repeated violation of the ethics code has been committed either intentionally or through blatant disregard of the ethics code.

(Ordinance 18-17 adopted 2/20/18)

   ARTICLES 1.12–1.49     RESERVED

   ARTICLE 1.50 FEE SCHEDULE

   Division 1. General

   Secs. 1.50.001–1.50.050     Reserved

   Division 2. Animal

   Sec. 1.50.051     Animal impoundment fees

(a)     Impoundments in 12-month period:

(1)     First: $25.00.

(2)     Second: $30.00.

(3)     Third: $35.00.

(4)     Fourth: $40.00.

(b)     Veterinary costs: Actual costs.

(c)     Designated animal shelter costs: Actual costs.

(d)     Euthanasia/disposal fees (owner or requestor must live in the city limits): $30.00 each.

   Sec. 1.50.052     Rabies, quarantine and laboratory fees

Veterinary costs: Actual costs.

   Sec. 1.50.053     Dangerous dog registration

Registration fee: $50.00/year.

   Secs. 1.50.054–1.50.100     Reserved

   Division 3. Cemetery

   Sec. 1.50.101     Cemetery fees

(a)     Old section:

(1)     Burial space: $500.00 each. (If it can be proven that additional excavation expense was incurred by the customer due to encountering rock, a rebate in the amount of $150.00, can be applied toward the $500.00 for the burial space.)

(2)     Interment fee: $200.00 each.

(b)     New section:

(1)     Burial space: $600.00 each.

(2)     Interment fee: $200.00 each.

   Secs. 1.50.102–1.50.150     Reserved

   Division 4. Business

   Sec. 1.50.151     Peddler's permit fee

Solicitor's investigation fee: $25.00 each.

   Sec. 1.50.152     Amusement games permit fee

(a)     Lost permit fee: $15.00 each.

(b)     Amended application fee: $10.00 each.

   Sec. 1.50.153     Occupation tax

Skill or pleasure machine, table games and coin-operated pool or billiard games (renewed each January 1st): $7.50 per game, per year.

   Sec. 1.50.154     Amusement games premises license fees

(a)     Pool or billiard hall:

(1)     Per pool or billiard table: $10.00.

(2)     Less than six (6) skill or pleasure machines or games: $25.00.

(3)     Six (6) or more skill or pleasure machines or games: $50.00.

(b)     Bowling center:

(1)     Per pool or billiard table: $10.00.

(2)     Less than six (6) skill or pleasure machines or games: $25.00.

(3)     Six (6) or more skill or pleasure machines or games: $50.00.

(c)     Amusement center:

(1)     Six (6) or more skill or pleasure machines or games: $50.00.

(2)     No pool or billiard tables: $0.00.

(d)     Any other approved premises:

(1)     Less than six (6) skill or pleasure machines or games: $25.00.

(2)     No pool or billiard tables: $0.00.

(All fees are renewable each January 1st.)

   Sec. 1.50.155     Alarm permit fees

(a)     Nonrefundable installation fee required at the time a permit is issued for burglar alarm system, fire alarm system or combination thereof: $125.00.

(b)     Additional fire alarm permit fee per device after the first 50 initiating devices, smoke, heat, beam, infrared, duct detectors and manual pull stations: $1.00.

(c)     Renewal fee for two (2) years: $15.00 plus payment of any excess false fire/burglar alarm fees due from previous calendar year(s) based upon the schedule in section 1.50.156 below.

(d)     Suspended permit reinstatement fee: $75.00.

   Sec. 1.50.156     False alarm fees

Burglar alarm service fees per number of false alarms:

(1)     1–5 per calendar year: $0.00.

(2)     6–10 per calendar year: $50.00.

(3)     11 or more: Permit suspended.

   Sec. 1.50.157     Wrecker service fee

Wrecker service fee: $50.00 per year per truck.

   Sec. 1.50.158     Food establishment permit fee

(a)     Permit fees per year:

(1)     Full service restaurant: $175.00.

(2)     Full service restaurant with bar: $250.00.

(3)     Fast food restaurant: $175.00.

(3a)     Reinspection due to violation, complaint or substandard score: $100.00.

(4)     Convenience store - grocery only: $100.00.

(5)     Convenience store with deli or self-serve food: $150.00.

(6)     Grocery store only: $100.00.

(A)     With meat market: $100.00.

(B)     With seafood dept.: $100.00.

(C)     With deli: $100.00.

(D)     With bakery: $100.00.

(7)     Bakery/donut shop: $150.00.

(8)     Hospital or nursing home: $150.00.

(9)     Day care facilities:

(A)     With kitchen serving prepared meals: $125.00.

(B)     Serving snacks only: $50.00.

(10)     Catering business only: $100.00.

(11)     Bar only: $100.00.

(12)     Breakfast bar: $100.00.

(13)     Concession stand: $100.00.

(14)     School district: $150.00.

(15)     Hotel/motel (food serving bar): $100.00.

(16)     Pre-permit inspection/walk-thru with health inspector: $125.00.

(17)     Late fee: 1/2 permit fee amount.

(b)     Temporary permits/concession stands:

(1)     All food booth types/risk:

(A)     First day: $35.00.

(B)     Additional days: $15.00 per day.

(2)     501(c) group permits (for contestants of cook-offs):

(A)     Up to 10 contestants: $150.00.

(B)     11–20 contestants: $200.00.

(C)     > 21 contestants: $250.00.

(3)     Sampling only: $25.00.

(c)     Administration fee for temporary event health permits. If permit is not purchased at least 3 working days prior to event: $20.00 per vendor request.

   Sec. 1.50.159     Hotel, motel, guest houses, bed and breakfasts inspection fees

(a)     Inspection fee for facilities with less than 20 rooms: $100.00 per year.

(b)     Inspection fee for facilities with 20 or more rooms: $50.00 + $11.00 per room.

   Sec. 1.50.160     Junkyard license fee

Annual license fee (renewable each January 1st): $50.00 per year.

   Sec. 1.50.161     Garage sale permit fees

Per application (limit 1 per calendar year): $5.00.

   Sec. 1.50.162     Vehicle for hire fees

(a)     Taxicab fees:

(1)     Holder operating authority application: $1,000.00 (nonrefundable).

(2)     Consent to transfer of holder operating authority: $1,000.00 (nonrefundable).

(3)     Annual operating fee: $150.00.

(4)     Annual vehicle fee: $300.00 per vehicle.

(5)     Reinstatement fee: $300.00 (nonrefundable).

(6)     Semi-annual inspection fee: $25.00 per vehicle.

(7)     Driver application fee: $35.00.

(8)     Change of driver grant holder fee: $10.00.

(9)     Replacement of lost permit: $5.00.

(10)     Reinspection fee: $10.00.

(11)     Replacement of lost placard: $10.00.

(b)     Limousines:

(1)     Holder operating authority application: $150.00 (nonrefundable).

(2)     Consent to transfer of holder operating authority: $1,000.00 (nonrefundable).

(3)     Annual operating fee: $150.00.

(4)     Annual vehicle fee: $25.00 per vehicle.

(5)     Reinstatement fee: $300.00 (nonrefundable).

(6)     Annual inspection fee: $25.00 per vehicle.

(7)     Driver application fee: $35.00.

(8)     Change of driver grant holder fee: $10.00.

(9)     Replacement of lost permit: $5.00.

(10)     Reinspection fee: $10.00.

(11)     Change in authorized rates: $50.00.

(c)     Shuttles:

(1)     Holder operating authority application: $1,000.00 (nonrefundable).

(2)     Consent to transfer of holder operating authority: $1,000.00 (nonrefundable).

(3)     Annual operating fee: $150.00.

(4)     Annual vehicle fee: $25.00 per vehicle.

(5)     Reinstatement fee: $300.00 (nonrefundable).

(6)     Annual inspection fee: $25.00 per vehicle.

(7)     Driver application fee: $35.00.

(8)     Change of driver grant holder fee: $10.00.

(9)     Replacement of lost permit: $5.00.

(10)     Reinspection fee: $10.00.

(11)     Change in authorized rates: $50.00.

(d)     Horse-drawn carriages:

(1)     Holder operating authority application: $150.00 (nonrefundable).

(2)     Consent to transfer of holder operating authority: $150.00 (nonrefundable).

(3)     Annual operating fee: $200.00.

(4)     Annual carriage fee: $25.00 per carriage.

(5)     Reinstatement fee: $300.00 (nonrefundable).

(6)     Annual inspection fee: $25.00 per vehicle.

(7)     Driver application fee: $35.00.

(8)     Change of driver grant holder fee: $10.00.

(9)     Replacement of lost permit: $5.00.

(10)     Reinspection fee: $10.00.

(11)     Change in authorized rates: $50.00.

(e)     Pedicabs:

(1)     Holder operating authority application: $150.00 (nonrefundable).

(2)     Consent to transfer of holder operating authority: $150.00 (nonrefundable).

(3)     Annual operating fee: $150.00.

(4)     Annual vehicle fee: $25.00 per vehicle.

(5)     Reinstatement fee: $300.00 (nonrefundable).

(6)     Annual inspection fee: $25.00 per vehicle.

(7)     Driver application fee: $35.00.

(8)     Change of driver grant holder fee: $10.00.

(9)     Replacement of lost permit: $5.00.

(10)     Reinspection fee: $10.00.

(11)     Street use permit fee: $50.00 per permit.

(12)     Change in authorized rates: $50.00.

   Sec. 1.50.163     Liquor/beer license and permit fees     

The city is authorized to collect a license fee of one-half the Texas Alcoholic Beverage Commission permit fee for each license issued for the premises within the city.

(1)     Liquor/beer license and permit fees (paid in 2 year increments):

(A)     Beer retailer's off premise license (BF): $60.00.

(B)     Beer retailer's on  premise license (BE): $150.00.

(C)     Beverage cartage permit (PE): $20.00.

(D)     Distiller's and rectifier's permit (D): $1,500.00.

(E)     Local distributor's permit (LP): $100.00.

(F)     Package store permit (P): $500.00.

(G)     Package store tasting permit (PS): $25.00.

(H)     Wine and beer retailer's off premise permit (BQ): $60.00.

(I)     Wine and beer retailer's permit (BG): $175.00.

(J)     Wine only package store permit (Q): $75.00.

(K)     Winery festival permit (GF): $50.00.

(L)     Winery permit (G): $75.00.

(2)     Other:

(A)     Mixed beverage restaurant permit with food and beverage (RM):

(i)     1st renewal: $1,125.00 (3rd year of business).

(ii)     2nd renewal: $1,500.00 (4th year of business).

(iii)     3rd and subsequent renewals: $750.00 (paid in 2 year increments).

   Sec. 1.50.164     Code enforcement fees

(a)     Administration and processing of nuisance related complaints for properties where liens are filed for record: $50.00 per hour + recovery of filing fees, constable fees, court costs, and other miscellaneous associated fees.

(b)     Fees to recover costs incurred for the purchase of materials (chemicals, paint, mosquito prevention devices, wood, etc.) and setup, monitoring, and/or use of said materials in the abatement of nuisance code violations. Fees charged may be up to 125% of material invoice amount.

   Secs. 1.50.165–1.50.220     Reserved

   Division 5. Building

   Sec. 1.50.221     Right-of-way construction permit fees

Permit and inspection fee: $50.00 each.

   Sec. 1.50.222     Contractor's registration fees, excluding electricians, plumbers, fire alarm, fire sprinkler and fire suppression contractors

(a)     Initial fees: $100.00.

(b)     Renewal fees: $100.00.

(c)     Registration suspension appeal fee: $100.00.

(d)     Lapsed registration fee: $50.00.

   Sec. 1.50.223     Building permit fees

(a)     Total valuation:

$1.00–$500.00

$23.50

$501.00–$2,000.00

$23.50 for the first $500.00 + $3.05 for each additional $100.00 or fraction thereof up to and including $2,000.00

$2,001.00–$25,000.00

$69.25 for the first $2,000.00 + $14.00 for each additional $1,000.00 or fraction thereof up to and including $25,000.00

$25,001.00–$50,000.00

$391.25 for the first $25,000.00 + $10.10 for each additional $1,000.00 or fraction thereof up to and including $50,000.00

$50,001.00–$100,000.00

$643.75 for the first $50,000.00 + $7.00 for each additional $1,000.00 or fraction thereof up to and including $100,000.00

$100,001.00–$500,000.00

$993.75 for the first $100,000.00 + $5.60 for each additional $1,000.00 or fraction thereof up to and including $500,000.00

$500,001.00–$1,000,000.00

$3,233.75 for the first $500,000.00 + $4.75 for each additional $1,000.00 or fraction thereof up to and including $1,000,000.00

$1,000,000.00 and up

$5,608.75 for the first $1,000,000.00 + $3.65 for each additional $1,000.00 or fraction thereof

(Building valuation data used to determine average building cost valuations based on updated data published in Building Safety Journal or other referenced publication authorized by the International Code Council (ICC) to reflect current Building Valuation Data (BVD).)

(b)     Other inspections and fees:

(1)     Inspections outside of business hours: $100.00 per hour (minimum charge-two hours).

(2)     Reinspection fees: $50.00 per hour.

(3)     Inspections for which no fee is specifically indicated: $50.00 per hour.

(4)     Commercial plan review: $75.00 per hour.

(5)     Additional plan review required by changes, additions or revisions to plans: $50.00 per hour.

(6)     For use of outside consultants for plan checking and inspections or both: Actual costs.

(7)     Residential plan review: $50.00 per hour.

(8)     Permit issuance fee: $30.00.

(c)     Miscellaneous:

(1)     Carport, garages, sheds, patio covers, portable buildings: $50.00 + $0.03 per sq. ft.

(2)     Sprinkler/irrigation system:

(A)     Residential: $40.00 each.

(B)     Commercial: $40.00 each + $7.00 per spray zone.

(3)     Approach (pouring drive): $70.00 each.

(4)     Curb cut: $30.00 each.

(5)     Tent permit: $50.00 each.

(6)     Temporary and seasonal sales permit: $75.00 each.

(7)     Storm shelter:

(A)     Less than 201 sq. ft.: $50.00.

(B)     Greater than 200 sq. ft.: $100.00.

(8)     Reroofing:

(A)     Residential:

(i)     Up to 3,000 sq. ft.: $100.00.

(ii)     Over 3,000 sq. ft.: $150.00.

(B)     Commercial:

(i)     1–5,000 sq. ft.: $150.00.

(ii)     5,001–10,000 sq. ft.: $250.00.

(iii)     10,001–25,000 sq. ft.: $350.00.

(iv)     Over 25,000 sq. ft.: $500.00.

(9)     Not securing permit prior to beginning construction: 2x permit fee.

(10)     Removal of a “stop work” order: $100.00.

(11)     Commercial certificates of occupancy (CO):

(A)     CO fee: $100.00.

(B)     Temporary CO (temporary certificate of occupancies are valid for 180 days): $200.00.

(C)     Temporary CO for seasonal sales (temporary certificate of occupancies are valid for 180 days): $30.00.

(D)     Safety inspections: $50.00.

(E)     Extension of temporary CO (extensions on temporary certificate of occupancies are valid for 90 days): $300.00.

(F)     Duplicate or recreation of a CO: $75.00.

(12)     Fence permit: $10.00.

(13)     Retaining wall permit: $50.00.

(14)     Construction trailer: $50.00.

(d)     Fire:

(1)     Fire sprinkler: $250.00 each.

(2)     Fire hood (fire supp. system): $100.00 each.

(3)     Licensed facility inspections:

(A)     Hospital: $150.00/building.

(B)     Assisted living/nursing home: $80.00/building.

(C)     Day care: $50.00/building.

(D)     Group home: $25.00/building.

(4)     Fire sprinkler underground: $100.00.

(e)     Replacement or installation of a new gasoline diesel tank:

(1)     Underground: $100.00.

(2)     Aboveground: $100.00.

(3)     Removal only: $50.00.

(4)     Storage of hazmat over 110 gallons: $150.00/year.

(f)     Replacement or installation of a compressed natural gas or propane gas tank:

(1)     Underground: $50.00.

(2)     Aboveground: $50.00.

(3)     Removal only: $0.00.

   Sec. 1.50.224     Electrical building permit fee

(a)     Residential/single- or two-family unit: $50.00 + $0.03/sq. ft.

(b)     Commercial or multifamily (3+) units:

(1)     1–2,000 sq. ft.: $100.00 each.

(2)     2,001–5,000 sq. ft.: $150.00 each plus $0.03 per sq. ft.

(3)     5,001 sq. ft. or more: $215.00 each plus $0.045 per sq. ft.

(c)     Alterations/repairs:

(1)     Minimum fee:

(A)     Residential unit (single- or two-family) first fixture: $40.00 each.

(B)     Commercial or multifamily (3+) units first fixture: $75.00 each.

(2)     Additional fixtures: $3.00 each.

(3)     Mobile home/trailer H/U: $15.00 + $10.00 each additional unit.

(4)     Installation of wiring: $15.00 + $10.00 each additional unit.

(5)     Service change out 200 amps or less: $40.00.

(6)     Service change out over 200 amps: $75.00.

(7)     Panel replacement: $40.00.

(8)     Installation of solar panels: $50.00.

(d)     Meter base charges:

(1)     100 amp single phase overhead: $45.00.

(2)     200 amp single phase overhead: $50.00.

(3)     200 amp single phase underground: $55.00.

(4)     200 amp three phase 7 prong: $164.00.

(5)     320 amp single phase 4 prong: $378.00

(6)     320 amp three phase 7 prong: $415.00

(7)     6 prong single phase CT socket: $125.00.

(8)     13 prong three phase CT socket: $315.00.

(e)     Electric meter set fees:

(1)     Up to 320 amp: $200.00 each.

(2)     320 amp service(s) and larger: Actual cost.

(f)     Other electric fees:

(1)     Pool: $50.00.

(2)     New service: $25.00.

(3)     Electric temporary pole inspection: $25.00.

(4)     Temporary cut-in inspection: $75.00.

(5)     Dock: $25.00.

(6)     Install of a disconnect: $50.00.

   Sec. 1.50.225     Plumbing building permit fees

(a)     Total square feet:

(1)     0–500 sq. ft.: $40.00.

(2)     501–1,500 sq. ft.: $60.00.

(3)     1,501–2,000 sq. ft.: $80.00.

(4)     2,001–2,500 sq. ft.: $100.00.

(5)     2,501–3,000 sq. ft.: $120.00.

(6)     Over 3,000 sq. ft.: $120.00 + $25.00 for each additional 1,000 sq. ft. or fraction thereof.

(b)     Installation or change out (water heater change out, water softener install, grease trap, grinder pump, water line, sewer line, etc.): $40.00.

(c)     Annual gas test: $50.00 per building.

   Sec. 1.50.226     HVA–Mechanical building permit fees

(a)     Residential (single- or two-family units):

(1)     Residential: $75.00 each.

(2)     Repairs or change-out of unit: $45.00 each.

(b)     Commercial or multifamily (3+) units:

(1)     Multifamily (per unit): $40.00 each.

(2)     Commercial:

(A)     0–3,000 sq. ft.: $75.00.

(B)     3,001–10,000 sq. ft.: $125.00.

(C)     10,001 + sq ft: $150.00 each + $25.00 for each additional 1,000 sq. ft. or fraction [thereof].

(c)     Change-out of units: $45.00 each unit.

   Sec. 1.50.227     Sign permit fees

(a)     New construction:

(1)     Nonilluminated: $9.00 + $0.50 per sq. ft. ($25.00 minimum).

(2)     Illuminated: $9.00 + $1.00 per sq. ft. ($25.00 minimum).

(3)     Portable/temporary: $10.00 each.

(4)     Banners/flags: $10.00 each.

(5)     Outline lighting: $25.00 each.

(6)     Inspections: $9.00 each.

(7)     Miscellaneous renovations: $25.00 each.

(b)     Alterations: Same as new construction.

(c)     Fee for return of illegally placed sign:

(1)     First offense: $50.00.

(2)     Second offense: $100.00.

(3)     Additional offenses: $100.00 + admin. costs.

Political campaign signs during appropriate seasons are exempt.

   Sec. 1.50.228     Building inspection fees after hours, weekends and holidays

$100.00 per hour (minimum charge for two (2) hours).

   Sec. 1.50.229     House moving/demolition fee

House moving/demolition permit: $65.00 + any costs incurred to remove power lines.

   Sec. 1.50.230     Appeals

Appeal processing fee: $25.00 per appeal.

   Secs. 1.50.231–1.50.280     Reserved

   Division 6. Public Events, Mass Gatherings, and Parades

   Sec. 1.50.281     Noise nuisance permit application fee

Noise nuisance permit fee: $50.00.

   Sec. 1.50.282     Public events/mass gatherings/parade permit application fee

Per festival/parade/event: $150.00.

   Sec. 1.50.283     Highway banner installation

Per banner: $75.00 (if permitted by TXDOT).

   Sec. 1.50.284     Event/parade–stage/tent use fee

(a)     Stage line SL-100 hydraulic stage - setup and use fee (available only within city limits or city ETJ):

(1)     Local nonprofit/charitable organization: $200.00 per event.

(2)     All other users: $500.00 per day.

(b)     Tent (20' x 40') setup and use fee per tent:

(1)     Within city limits: $250.00 per event (60-day notice required).

(2)     Outside city limits: $300.00 per event (90-day notice required).*

(c)     Traffic barricades:

(1)     Delivery and set-up fee: $30.00.

(2)     After-hours labor per city employee: $22.50 per hour.

(d)     Security: Police fee per officer: $40.00 per hour.

(e)     Charge for lost city property:

(1)     Traffic cones: Actual cost.

(2)     Traffic barricades: Actual cost.

*If available–Events scheduled to be held in city limits will receive priority.

   Secs. 1.50.285–1.50.340     Reserved

   Division 7. Police

   Sec. 1.50.341     Fingerprinting fee

Fingerprinting fee: $10.00.

   Sec. 1.50.342     Police accident report fee

Police accident report fee: $6.00.

   Sec. 1.50.343     Security

Security provided by a city police officer: $40.00 per hour.

   Secs. 1.50.344–1.50.390     Reserved

   Division 8. Traffic

   Sec. 1.50.391     Vehicle impoundment fees

(a)     Wrecker fee: Actual costs.

(b)     Impound fee: $20.00 per day.

   Sec. 1.50.392     Nonconsent tow fees

(a)     Cars, pickup trucks and sport utility vehicles with a gross weight rating less than 25,000 pounds: $130.00.

(b)     Vehicles with a gross weight rating more than 25,000 pounds: $230.00.

(c)     Motorcycles: $130.00.

(d)     Incident management fee: $200.00 (cannot be charged unless cleanup of accident scene takes over 1 hour).

   Sec. 1.50.393     Certificate of registration for wreckers and tow trucks

(a)     New application fee: $100.00 per truck.

(b)     Annual renewal fee: $50.00 per truck.

   Sec. 1.50.394     Street intersection signage cost

Street signage fee: $275.00 per street intersection.

   Secs. 1.50.395–1.50.440     Reserved

   Division 9. Swimming Pools

   Sec. 1.50.441     Swimming pool building permit fees

Same as building permit fees.

   Secs. 1.50.442–1.50.500     Reserved

   Division 10. Utilities

   Sec. 1.50.501     On-site sewage facility fees

(a)     Installation of on-site sewage system: $500.00.

(b)     Plan review fee: $47.00 per hour.

(c)     Modification: $210.00.

   Sec. 1.50.502     Temporary electric service fees

Installation of temporary power service fee for events or festivals. No more than 72 hours: $175.00.

   Sec. 1.50.503     Construction inspection and materials testing fee

3% of approved estimate for total infrastructure construction costs.

   Sec. 1.50.504     Damaged water or electric meter

Damage due to customer tampering, etc: Cost of meter.

   Sec. 1.50.505     Damaged ERT (encoder receiver transmitter)

Damage due to customer tampering, etc.: Cost of ERT.

   Sec. 1.50.506     Electric meter tamper fee

(a)     1st offense: $100.00 + *.

(b)     2nd offense: $150.00 + *.

(c)     3rd offense: $300.00 + *.

* Plus any electric service usage and meter damage costs. Usage of service will be determined by previous history and/or average at property.

   Sec. 1.50.507     Water meter tamper fee

(a)     1st offense: $100.00 + *.

(b)     2nd offense: $150.00 + *.

(c)     3rd offense: $300.00 + *.

(d)     Any customer caught tampering with a meter will be required to install a water stop on his/her property as specified in the city plumbing code.

* Plus any water service usage and meter damage costs. Usage of service will be determined by previous history and/or average at property.

   Sec. 1.50.508     Damaged meter box

Damage due to customer or contractor: Cost of meter box and installation.

   Sec. 1.50.509     Electric/water meter accuracy

(a)     Testing fee:

(1)     For residential only: $45.00.

(2)     Larger meters: Actual cost.

(3)     Fee waived if meter results do not meet AWWA (American Water Works Association) or ANSI (American National Standards Institute) standards.

(b)     Trip fee: $30.00. Customers will be permitted one request (at no charge) per calendar quarter to have meter readers return to property after service has already been complete. After the first return and/or repeated trip for rereads, leak checks, etc. customer will be charged the trip fee.

   Sec. 1.50.510     Setting fees for water meters, water taps and sewer taps

(a)     Water tap fees include installing tap and setting meter box:

(1)     1" without street cut: $700.00.

(2)     1" with street cut: $1,500.00.

(3)     2" without street cut: $2,000.00.

(4)     2" with street cut: $3,000.00.

(5)     > 2" with/without street cut: Actual cost.

(6)     Fire hydrant CAP installation: $125.00.

(7)     Water service connection outside city limits: $150.00.

(8)     Water service connection > 2" inspection fee: $55.00.

(9)     Fire protection service inspection fee: $55.00.

The city reserves the right to charge actual cost for any additional labor and materials necessary to complete a water tap and setting meter box above and beyond the normal requirements.

(b)     Meter setting fees only - after tap installed:

(1)     3/4" water line meter set: $400.00.

(2)     1" water line meter set: $500.00.

(3)     2" water line meter set: $1,900.00.

(4)     >2" water line meter set: Actual cost.

(c)     Sewer tap fees:

(1)     Sewer tap 4" or less without street cut: $450.00.

(2)     Sewer tap 4" or less with street cut: $1,250.00.

(3)     Sewer tap larger than 4" without street cut: Actual cost.

(4)     Sewer tap larger than 4" with street cut: Actual cost.

(5)     Sanitary sewer service connections - outside city limits: $150.00.

The city reserves the right to charge actual cost for any additional labor and materials necessary to complete a water tap and setting meter box above and beyond the normal requirements.

   Sec. 1.50.511     Impact fees

(a)     Water impact fees:

(1)     3/4" water impact fee: $757.00.

(2)     1" water impact fee: $1,211.00.

(3)     2" water impact fee: $1,665.00.

(4)     3" water impact fee: $9,005.00.

(5)     4" water impact fee: $14,043.00.

(b)     Sewer impact fees:

(1)     3/4" sewer impact fee: $924.00.

(2)     1" sewer impact fee: $1,479.00.

(3)     2" sewer impact fee: $2,035.00.

(4)     3" sewer impact fee: $10,995.00.

(5)     4" sewer impact fee: $17,142.00.

   Sec. 1.50.512     Water utility service

(a)     Inside city limits:

(1)     Residential rate structure:

(A)     Minimum charge rate (per 1,000 gallons): $17.31.

(B)     0–2,000 gallons: $5.41.

(C)     2,000–10,000 gallons: $7.30.

(D)     10,001–20,000 gallons: $8.39.

(E)     Over 20,000 gallons: $8.66.

(b)     Outside city limits:

(1)     Residential rate structure (an additional $0.22 per 1,000 gallons groundwater conservation fee will apply):

(A)     Minimum charge rate (per 1,000 gallons): $26.62.

(B)     0–2,000 gallons: $8.12.

(C)     2,000–10,000 gallons: $10.95.

(D)     10,001–20,000 gallons: $12.59.

(E)     Over 20,000 gallons: $12.99.

(c)     Inside city limits – commercial/multiunit rate structure:

(1)     Minimum charge per meter size:

(A)     3/4" meter: $19.48.

(B)     1" meter: $40.04.

(C)     2" meter: $188.29.

(D)     3" and 4" meters: $376.58.

(E)     Fire hydrant: $369.19.

(2)     Rate (per 1,000 gallons):

(A)     0–2,000 gallons: $5.41.

(B)     2,000–10,000 gallons: $7.30.

(C)     10,001–20,000 gallons: $8.39.

(D)     Over 20,000 gallons: $8.66.

(d)     Outside city limits – commercial/multiunit rate structure:

(1)     Minimum charge per meter size:

(A)     3/4" meter: $27.05.

(B)     1" meter: $56.27.

(C)     2" meter: $264.04.

(D)     3" and 4" meters: $528.07.

(2)     Rate (per 1,000 gallons) (an additional $0.22 per 1,000 gallons groundwater conservation fee will apply):

(A)     0–2,000 gallons: $8.12.

(B)     2,000–10,000 gallons: $10.95.

(C)     10,001–20,000 gallons: $12.59.

(D)     Over 20,000 gallons: $12.99.

   Sec. 1.50.513     Sewer utility service

(a)     Inside city limits - residential rate structure:

(1)     Minimum charge: $25.84.

(2)     Rate per 1,000 gallons: $3.77.

(b)     Outside city limits ­ residential rate structure:

(1)     Minimum charge: $36.61.

(2)     Rate per 1,000 gallons: $5.66.

Residential sewer cap: Residential sewer maximum is capped at 10,000 gallons.

(c)     Inside city limits - commercial/multiunit rate structure:

(1)     Minimum charge - commercial: $39.31.

(2)     Minimum charge - multiunit: $7.00.

(3)     Rate per 1,000 gallons: $3.77.

(d)     Outside city limits - commercial/multiunit rate structure:

(1)     Minimum - small commercial: $47.92.

(2)     Minimum - large commercial: $47.92.

(3)     Minimum - multiunit: $10.77.

(4)     Rate per 1,000 gallons: $5.66.

(e)     Flat rates:

(1)     Small commercial and residential customers:

(A)     Inside city limits: $55.82.

(B)     Outside city limits: $83.71.

Large commercial customer monthly flat rate will be based on estimated winter average water usage multiplied times the consumption rate per 1,000 gallons.

   Sec. 1.50.514     Electric utility service

(a)     Inside city limits - residential rate structure:

(1)     Minimum charge: $13.75.

(2)     Energy charge per/kWh: $0.0459.

(b)     Outside city limits - residential rate structure:

(1)     Minimum charge: $25.00.

(2)     Energy charge per/kWh: $0.0459.

(c)     Inside city limits – commercial/multiunit rate structure:

(1)     Minimum - small commercial: $35.00.

(2)     Minimum - large commercial: $72.00.

(3)     Energy charge per/kWh: $0.0459.

(d)     Outside city limits – commercial/multiunit rate structure:

(1)     Minimum - small commercial: $45.00.

(2)     Minimum - large commercial: $85.00.

(3)     Energy charge per/kWh: $0.0459.

In addition to the appropriate base rates, each customer's monthly charges shall be increased by an amount equal to the total power cost incurred in providing service.

(e)     Electric customer service fees:

(1)     Temporary pole connect for construction: $45.00.

(f)     All electric customers:

(1)     Inside city limits:

(A)     Residential sales tax: 1.50%.

(B)     Commercial sales tax: 8.25%.

(2)     Outside city limits:

(A)     Residential sales tax: N/A.

(B)     Commercial sales tax: 6.75%.

   Sec. 1.50.515     Security lighting

(a)     Installation charge: $150.00, if a pole is not already present.

(b)     Overhead service charge: $60.00 with existing pole already in place.

(c)     Monthly rate: $9.50 per unit.

   Sec. 1.50.516     Industrial wastewater regulations user charge system

Laboratory analysis: Actual cost.

   Sec. 1.50.517     Cross connections, backflow and siphonage regulations

(a)     Permit for installation or repair to backflow prevention assemblies: $25.00.

(b)     Annual inspection result submittal per device: $10.00.

(c)     Testing fee per device: $100.00.

(d)     Booklet of 20 reports: $10.00.

(e)     Registration of certified backflow tester:

(1)     Initial registration: $50.00.

(2)     Annual renewal: $25.00.

   Sec. 1.50.518     Private water wells

Permit application administration fee (for each well drilling permit):

(1)     Single family residential use: $250.00.

(2)     Business use: $500.00.

(3)     Industrial use: $10,000.00.

   Sec. 1.50.519     Utility account penalty fees

(a)     Late fee: 10% of billed amount.

(b)     Processing surcharge for disconnection:

(1)     Regular hours: $30.00.

(2)     Additional fee for after hours: $50.00.

   Sec. 1.50.520     Utility deposits

(a)     Residential minimum: $300.00.

(b)     Commercial minimum: 2 x average monthly bill.

(c)     Fire hydrant: $1,000.00.

   Sec. 1.50.521     Garbage collection

Residential: $10.57. Waste collection is a taxable service and will be subject to the state, county and local tax rates.

   Sec. 1.50.522     Temporary utilities service fee

Temporary connection of water and/or electric services (no more than 48 hours): $150.00.

   Secs. 1.50.523–1.50.550     Reserved

   Division 11. Tourism

   Sec. 1.50.551     Rental fee for city tram

Tram rental (rental includes tram, vehicle to pull the tram, and driver): $40.00 per hour.

   Sec. 1.50.552     Fees for use of Neely House

(a)     Meeting hall: $150.00 for first four (4) hours.

(b)     Additional hours: $50.00 per hour.

(c)     Deposit required: $100.00.

   Sec. 1.50.553     Fees for use of Langdon Center

(a)     Chapel:

(1)     All educational use through the public and private school systems: $100.00.

(2)     All training and recital use where there are no charges incurred by guests: $50.00.

(3)     All other general use: $300.00.

(4)     50 chairs will be included in the chapel.

(b)     Patio or grounds: $500.00; chairs and tables will be an additional $400.00.

(c)     Chapel and grounds: $700.00; chairs and tables will be an additional $400.00.

   Sec. 1.50.554     Fees for use of city council chambers

(a)     Council chambers:

(1)     Four (4) hours: $250.00.

(2)     Eight (8) hours: $500.00.

(b)     Each additional hour: $50.00 per hour.

(c)     Maximum occupancy: 300 people.

   Sec. 1.50.555     Fees for use of any city hall conference room

(a)     City hall conference room: $50.00 per hour up to four (4) hours.

(b)     Each additional hour: $25.00 per hour.

(c)     Bottled waters or sodas will be charged at $1.00 a piece at each meeting room location as listed under the tourism division.

   Sec. 1.50.556     Fees for transportation rentals

(a)     Golf cart:

(1)     Basic rental (includes 1 hour for setup + 3 hours of usage): $100.00.

(2)     Additional hours of usage: $10.00/hour.

(b)     Trolley:

(1)     Basic rental (includes 1 hour for setup + 3 hours of usage): $200.00.

(2)     Additional hours of usage: $25.00/hour.

(c)     Tram:

(1)     Basic rental (includes 1 hour for setup + 3 hours of usage): $160.00.

(2)     Additional hours of usage: $25.00/hour.

(d)     Bike rental: $15.00 per hour.

   Sec. 1.50.557     Fees for use of Lake Granbury Conference Center

(a)     Rates listed in this matrix for room rental do not preclude charges for audio visual equipment, linens, set-up, bunting, draping, or the provision of other decorative accessories and services for events held at the LGCC.

(b)     Rental of entire LGCC facility includes access to/use of the boardwalk overlooking the lake and related setup.

(c)     Rental of the LGCC will be administered in accordance with the city meeting facility booking policy.

Lake Granbury Conference Center Pricing Matrix

LGCC Facility:

Entire LGCC Campus

Lake Granbury Ballroom

Rooms Upstairs

Outdoors

# Hotel Rooms Booked

Entire down stairs ballroom

Sections 1, 2, 3 and/or 4 (each)

Sections 5 and/or 6 (each)

(Lakeviews)

Brazos River Ballroom

Comanche Peak Boardroom (Entire room)

Comanche Peak Boardroom Sections 1, 2, and/or 3 (each)

Boardwalk

Weekday (Monday a.m.–Friday a.m.)

0–15

$2,000.00

$1,000.00

$150.00

$300.00

$500.00

$325.00

$125.00

$200.00

16–25

$2,000.00

$1,000.00

$150.00

$300.00

$500.00

$244.00

$94.00

$200.00

26–50

$1,500.00

$750.00

$113.00

$225.00

$375.00

$244.00

$94.00

$200.00

51–75

$1,000.00

$500.00

$75.00

$150.00

$250.00

$163.00

$63.00

$200.00

76–100

$500.00

$250.00

$38.00

$75.00

$125.00

$81.00

$31.00

$200.00

101+

Comp

Comp

Comp

Comp

Comp

Comp

Comp

$200.00

WEEKEND (Friday p.m.–Sunday p.m.)

0–15

$2,500.00

$2,000.00

$200.00

$600.00

$600.00

$500.00

$175.00

$200.00

16–25

$2,500.00

$2,000.00

$200.00

$600.00

$600.00

$375.00

$131.00

$200.00

26–50

$1,875.00

$1,500.00

$150.00

$450.00

$450.00

$375.00

$131.00

$200.00

51–75

$1,250.00

$1,000.00

$100.00

$300.00

$300.00

$250.00

$88.00

$200.00

76–100

$625.00

$500.00

$50.00

$150.00

$150.00

$125.00

$44.00

$200.00

101+

Comp

Comp

Comp

Comp

Comp

Comp

Comp

$200.00

   Sec. 1.50.558     Ancillary rental and service fees related to Lake Granbury Conference Center only

Setup fee for LGCC:

(1)     Entire facility: $300.00.

(2)     Ballroom only: $250.00.

(3)     Boardwalk only: $100.00.

(4)     Room reset fee: $150.00.

(5)     Early move-in fee (24 hours in advance): 50% off daily contracted specific space rate.

   Sec. 1.50.559     Ancillary rental and service fees related to all facilities

(a)     Miscellaneous equipment.

(1)     Bar (for alcohol service): $190.00.

(2)     Dance floor 12'x12'–27'x27': $250.00–$500.00 depending on size.

(3)     Dry erase board: $30.00.

(4)     Easel with pad: $25.00.

(5)     Piano: $200.00.

(6)     Stage (riser) 6x8 each: $30.00.

(7)     Podium: $35.00.

(8)     Tabletop podium: $25.00.

(9)     Up lighting: $20.00 each.

(10)     Ceiling drape with twinkle lights:

(A)     One (1): $300.00.

(B)     Two (2): $500.00.

(11)     Table linens (any color): $8.00 each.

(12)     Cloth napkins: $0.50 each.

(13)     Chandeliers: $100.00 each.

(14)     Table mirrors: $1.00 each.

(15)     Flameless tea light candles: $1.00 each.

(16)     China: $0.50 per person.

(17)     Flatware: $0.50 per person.

(18)     Drinking Glass: $0.25 per person.

(19)     Chivari chairs: $4.00 each.

(20)     Chair covers: $1.00 each.

(21)     Chair sashes: $0.50 each.

(22)     GoBo (standard): $100.00.

(23)     GoBo (custom): $150.00.

(24)     Trade show booth: $75.00 per booth.

(25)     Backdrop draping: $50.00.

(b)     A/V equipment.

(1)     Cabled mic and stand: $30.00.

(2)     Handheld wireless mic: $35.00.

(3)     Lapel wireless mic: $35.00.

(4)     Countryman headset mic: $50.00.

(5)     Media cart w/mixer: $50.00.

(6)     72" HD TV: $75.00.

(7)     50" HD TV: $50.00.

(8)     Projector and screen: $50.00/each.

(9)     Small mixer: $50.00.

(10)     Board operator for 4 hours: $100.00.

(11)     Laser pointer/clicker: $15.00.

(12)     Bose sound system: $150.00.

(13)     Concert system:

(A)     Small: $500.00.

(B)     Medium: $750.00.

(C)     Full: $1,000.00.

(14)     Laptop: $35.00.

(15)     Conference telephone: $100.00.

(16)     Power strip (standard): $5.00.

(17)     Extension cord 10'–25': $5.00.

(c)     Catering impact fee:

(1)     All food/beverage catered in to LGCC: 10% of total catering invoice, less gratuity and tax.

(d)     Security:

(1)     Facility security: $40.00/hour per officer.

(2)     Security is required when alcohol will be served and must be staffed by the police department.  Minimum of 4 hours and minimum of 2 officers.

   Sec. 1.50.560     Discount for local nonprofit corporations

A local nonprofit corporation, as defined in the city's approved meeting facility booking policy, will receive a 35% discount off of the rental rates as set out in sections 1.50.5511.50.557.

   Division 12. Parks and Recreation

   Sec. 1.50.561     Park fees

(a)     Pavilion use fees:

(1)     Hewlett Park, large pavilion: $50.00 per hour (up to 4 hours).

(2)     All other park pavilion rental (up to 4 hours): $35.00 per hour.

(b)     Soccer fees:

(1)     Field reservation fee: $5.00 per hour. No field painting included (see section 5).

(2)     Soccer league field use fee: $7.50 per person.

(3)     Electricity usage fee, field 7 and field 8: $25.00 per hour, per field.

(4)     Tournament fees:

(A)     “Under age 6” teams: $5.00 per team.

(B)     “Under age 8” and “under age 10” teams: $10.00 per team.

(C)     “Under age 11” and “under age 12” teams: $15.00 per team.

(D)     “13 and up” teams: $20.00 per team.

(E)     Adult league fees: $100.00 per team.

(F)     Adult tournament fees: $120.00 per day, per field.

(5)     Soccer field preparation:

(A)     Painting fields 1–6: $50.00 per field.

(B)     Painting fields 7–8: $75.00 per field.

(c)     Softball/baseball fees:

(1)     Field reservation fee: $5.00 per hour.

(2)     Baseball/softball league field use fee: $7.50 per person.

(3)     Electricity usage fee: $25.00 per hour, per field.

(4)     Drag and line field: $15.00 per field.

(5)     Temporary fence for youth softball/baseball: $50.00 per fence.

(6)     Temporary mound to accommodate baseball on softball field: $40.00 per mound.

(7)     Tournament fees:

(A)     Youth softball/baseball: $40.00 per team.

(B)     Adult league fees: $300.00 per team.

(C)     Adult tournament fees:

(i)     Hosted by a 3rd party during daytime hours: $100.00/team.

(ii)     Hosted by a 3rd party during nighttime hours: $150.00/team.

(iii)     Hosted by the city during daytime hours: $200.00/team.

(iv)     Hosted by the city during nighttime hours: $300.00/team.

(v)     Daytime tournaments that run into evening hours and require any field lights can pay the hourly usage rate listed in (iii) above. Nighttime tournaments fees include any light usage necessary.

(d)     Other athletic leagues:

(1)     Kickball:

(A)     League fee: $200.00 per team.

(B)     Tournament fee:

(i)     Hosted by a 3rd party during daytime hours: $100.00/team.

(ii)     Hosted by a 3rd party during nighttime hours: $150.00/team.

(iii)     Hosted by the city during daytime hours: $200.00/team.

(iv)     Hosted by the city during nighttime hours: $300.00/team.

(v)     Daytime tournaments that run into evening hours and require any field lights can pay the hourly usage rate listed in (iii) above. Nighttime tournaments fees include any light usage necessary.

(2)     Flag football:

(A)     League fee: $200.00 per team.

(B)     Tournament fee:

(i)     Hosted by a 3rd party during daytime hours: $100.00/team.

(ii)     Hosted by a 3rd party during nighttime hours: $150.00/team.

(iii)     Hosted by the city during daytime hours: $200.00/team.

(iv)     Hosted by the city during nighttime hours: $300.00/team.

(v)     Daytime tournaments that run into evening hours and require any field lights can pay the hourly usage rate listed in (iii) above. Nighttime tournaments fees include any light usage necessary.

(3)     Basketball:

(A)     League fee: $400.00 per team.

(B)     Tournament fee: $150.00 per team.

(4)     Volleyball (indoor):

(A)     League fee: $200.00 per team.

(B)     Tournament fee: $125.00 per team.

(5)     Volleyball (sand):

(A)     League fee: $175.00 per team.

(B)     Tournament fee: $75.00 per team.

(6)     Dodgeball:

(A)     League fee: $200.00 per team.

(B)     Tournament fee: $100.00 per team.

(7)     Zumba/aqua zumba, session fee: $5.00 per person.

(8)     Disc golf, tournament fee: $1.00 per person.

(9)     Church softball league, league fee: $200.00 per team.

   Sec. 1.50.562     Swimming pool fees

(a)     Gate fees, adults and children (children under 5 are free when accompanied by an adult):

(1)     Resident: $3.00 per day.

(2)     Nonresident: $5.00 per day.

(b)     Ticket books (includes 12 tickets):

(1)     Resident: $30.00 per book.

(2)     Nonresident: $50.00 per book.

(c)     Locker rental: $1.00 per day.

(d)     Deposit required: $1.00 per day.

(e)     After-hours group pool party fees:

(A)     Up to 25 swimmers: $80.00 per hour.

(B)     26–50 swimmers: $90.00 per hour.

(C)     51–75 swimmers: $100.00 per hour.

(D)     76–100 swimmers: $110.00 per hour (minimum one hour).

(f)     Pool pavilion rental:

(1)     Rental fee for small pavilion at swimming pool: $25.00.

(2)     Admission fee with pavilion rental (pavilion rental is for 3 hours maximum): $1.50 per swimmer.

   Sec. 1.50.563     Memorial dedications in city parks

(a)     Tree installation:

(1)     30 gallon memorial tree: $250.00.

(2)     15 gallon memorial tree: $150.00.

(3)     Memorial tree plaque installation (plaque supplied by donor): $75.00.

(b)     Bench installation:

(1)     6' brown recycled plastic park bench (plaque supplied by donor):

(A)     If concrete pad required: $700.00.

(B)     If installed on existing concrete: $600.00.

(2)     6' green steel park bench (plaque supplied by donor):

(A)     If concrete pad required: $1,725.00.

(B)     If installed on existing concrete: $1,625.00.

   Secs. 1.50.564–1.50.600     Reserved

   Division 13. Planning and Zoning

   Sec. 1.50.601     Development fees

(a)     Zoning verification letter: $25.00.

(b)     Variance/special exception/interpretation appeal:

(1)     [Zoning ordinance] application fee: $250.00.

(2)     Each additional section: $150.00 each.

(c)     Specific use permit application fee: $300.00.

(d)     Specific use permit application with detailed site plan: $500.00.

(e)     Change in zoning application fee: $400.00.

(f)     Change in zoning to planned development: $750.00.

(g)     Amendment to existing planned development (PD): $300.00 + $5.00 per lot.

(h)     Voluntary annexation request fee: $0.00.

(i)     Fee in-lieu of park dedication: $525.00 per unit.

(j)     Site plan or amendment to existing site plan fee: $300.00 per application.

(k)     Pre-application proposal fee (the initial fee is due when filing pre-application proposal and includes two initial review meetings. An additional fee will be assessed for each additional review meeting required after the first two meetings)

(1)     Initial fee (includes 2 review meetings):

(A)     Residential proposal fee: $100.00 plus $10.00 per lot + engineering consultant review costs.

(B)     Nonresidential proposal fee: $100.00 plus $10.00 per acre + engineering consultant review costs.

(2)     Each additional review after 2nd review:

(A)     Residential proposal fee: $100.00 plus $10.00 per lot + engineering consultant review costs.

(B)     Nonresidential proposal fee: $100.00 plus $10.00 per acre + engineering consultant review costs.

(l)     Engineering consultant review costs:

(1)     Preliminary/development plat or concept plat or plan: $600.00 + $25.00/lot.

(2)     Preliminary/development plat or concept plat or plan (additional review): $500.00 each.

(3)     Final/minor plat -1st and 2nd reviews: $600.00 + $25.00/lot.

(4)     Final/minor plat - additional reviews: $500.00 each.

(5)     Replat/amending plat: $400.00 + $25.00/lot.

(6)     Vacating plat: $400.00 + $25.00/lot.

(m)     Preliminary plat/development plat/concept plan submittal fee (due at the formal plat application deadline):

(1)     Under two (2) acres: $368.00.

(2)     Two (2) acres or more: $468.00.

(n)     Final/minor plat submittal fee (due at the formal plat application deadline):

(1)     Under two (2) acres: $350.00.

(2)     Two (2) acres or more: $450.00.

(o)     Replat amending plat submittal fee (due at the formal plat application deadline):

(1)     Under two (2) acres: $268.00.

(2)     Two (2) acres or more: $318.00.

(p)     Vacating plat (due at the formal plat application deadline):

(1)     Under two (2) acres: $350.00.

(2)     Two (2) acres or more: $450.00.

(q)     Subdivision ordinance variance request (request per section of the ordinance): $75.00 each.

(r)     Miscellaneous engineering review fees (due prior to formal plat application deadline/scheduling of any public hearing if required, or if no hearing is required, prior to authorization of any permit or acceptance of application):

(1)     Engineering plan review (water, sewer, streets, drainage, etc.): $175.00 per hour.

(2)     Reviews - CLOMR and LOMR's without CLOMR's: $2,700.00 each.

(3)     Reviews - LOMR following CLOMR: $1,000.00 each.

(4)     Additional CLOMR or LOMR reviews: $1,000.00 each.

(5)     Review - traffic impact analysis (TIA) or study: $2,000.00 each.

(6)     Construction plan or study reviews other than those submitted with plat applications (FIA reviews, engineering estimates, variances, engineering studies, annexation studies, proportionality determination, service plans, capital improvement or project plans, etc): $175.00 per hour.

(7)     Deposit to engage engineering review services*:

(A)     Residential developments:

(i)     1–5 lots: $1,500.00.

(ii)     6–25 lots: $2,000.00.

(iii)     26+ lots: $4,500.00.

(B)     Nonresidential developments:

(i)     Less than 6 acres: $1,750.00.

(ii)     6–25 acres: $2,500.00.

(iii)     25+ acres: $4,500.00.

* Developer must maintain a minimum of $500.00 balance for continued review.

(8)     Building plan review: $800.00 each.

(9)     Facilities improvement agreement (FIA) processing fee: $500.00.

(s)     Tree conservation plan fees:

(1)     No protected trees letter: $25.00.

(2)     Less than 50 protected trees: $100.00.

(3)     50 or more protected trees: $250.00.

(t)     Miscellaneous:

(1)     Zoning ordinance:

(A)     Book: $30.00.

(B)     CD: $15.00.

(2)     ETJ map: $30.00.

(3)     Subdivision ordinance: $20.00.

(4)     Completeness determination: $750.00.

(5)     Historic commission application fees:

(A)     Sign/merchandise display application: $15.00.

(B)     Renovation/restoration application: $30.00.

(C)     Temporary sign banner: $5.00.

(D)     C. of A. appeal (to council): $300.00.

(E)     Landmark application request: $50.00.

(6)     Application to amend the comprehensive plan: $250.00.

(7)     Continuance fees:

(A)     Continuance request(s) received prior to submittal of newspaper notice for publication: No charge.

(B)     No continuance request for plat received prior to submittal of newspaper notice for publication: $50.00/each.

(C)     Residential replat, zoning and/or specific use permit no continuance request(s) received prior to submittal of newspaper notice for publication: $50.00 each.

(D)     Residential replat, zoning and/or specific use permit not continuance request(s) received prior to mailing of property owner notifications: $150.00 each.

(8)     Return of incomplete application: $30.00 + actual cost of postage.

(u)     Gas drilling fees:

(1)     Gas well permit administration fee: $500.00 per gas well permit.

(2)     Gas well annual inspection fee: $750.00 per gas well.

(3)     Gas well reinspection fee: $2,000.00 per gas well.

(4)     Fee in-lieu-of remote foam line: $3,000.00 per gas well pad site.

   Secs. 1.50.602–1.50.650     Reserved

   Division 14. Aviation

   Sec. 1.50.651     Airport hangar fees

(a)     T-hangars: $285.00 per month.

(b)     Corner hangars: $325.00 per month.

(c)     Old T-hangars: $225.00 per month.

(d)     Open hangars: $125.00 per month.

(e)     Overnight tie-down fee: $5.00 per night (one night waived with fuel purchase).

(f)     “Old Marina Bldg.” hangar:

(1)     Hangar B1A: As per contract.

(2)     Hangar B1B: $400.00 per month.

(g)     Commercial maintenance hangar:

(1)     Hangar B commercial maintenance hangar: $745.00 per month.

(h)     Terminal building offices:

(1)     Office #107 (90 sq. ft.): Airport office [sic].

(2)     Office #108 (150 sq. ft.): $250.00 per month.

(3)     Office #109 (150 sq. ft.): $250.00 per month.

(4)     Office #110 (150 sq. ft. with 2 windows): $300.00 per month.

(i)     Phase I long-term land lease: $0.20 per sq. ft. per year, contains 5-year escalation clause of 20% or CPI ­ whichever is less.

(j)     New phase II and phase III long-term land leases (new runway area): TBD.

(k)     Maintenance hangar (514 Howard Clemmons Rd.) (100 ft x 100 ft): As per contract.

(l)     Storage hangar (500 Howard Clemmons Rd.) (100 ft. x 100 ft.): $500.00* minimum.

* Rental for larger aircraft shall be determined on a case-by-case basis.

(m)     Overnight ramp and hangar fees:

(1)     Ramp fee: $5.00 per night (first night waived with fuel purchase).

(2)     Open hangar: $10.00 per night.

(3)     T-hangar: $25.00 per night.

(4)     Storage hangar:

(A)     Overnight: $100.00 per night.

One night free with minimum 75-gallon fuel purchase if space available.

   Secs. 1.50.652–1.50.680     Reserved

   Division 15. Finance

   Sec. 1.50.681     Returned payment fees

(a)     1st returned item: $25.00.

(b)     2nd returned item: $35.00.

(c)     Check writing privilege suspended for one year after second returned check     .

   Sec. 1.50.682     Debit/credit card transaction fee

Fees charged by utility billing and municipal court, police department, finance and building and permits departments for all debit and credit transaction in person, online or over the phone: 2% of transaction.

   Secs. 1.50.683–1.50.690     Reserved

   Division 16. Media Sponsorship

   Sec. 1.50.691     Granbury TV sponsorship

(a)     Pirate captain sports sponsorship*: $2,500.00.

(b)     First mate sports sponsorship: $1,200.00.

(c)     Gold level Grandbury Media program sponsorship*: $2,500.00.

(d)     Silver level Grandbury Media program sponsorship: $1,200.00.

(e)     Grandbury Media program sponsorship: $250.00

(f)     Granbury radio APP sponsorship: $200.00.

(g)     Event promotion: $100.00.

(h)     DVD copy of program: $10.00 per DVD.

*Any sponsorship promotions that may be developed and implemented throughout the contract term will be included in the pirates captain sports and gold level Grandbury Media program sponsorship packages.

(Ordinance 18-53, ex. A, adopted 8/21/18)