Code of Ordinances

Administration: Officers and Employees

Note: For state law relating to city officers and their
election, see particularly VACS arts. 977 et seq.
For state law relating to powers and duties of officers and employees,
see particularly VACS arts. 993 et seq.
For state law relating to the Council, see particularly VACS arts. 1007 et seq.
The above provisions of state law may be found in part I of this Code.

 

Article 1. VACS Title 28. Adopted

 

Section 1-1. City adopts title 28, VACS.

The City of White Deer, Texas, hereby adopts Title 28, Cities, Towns and Villages, found in Volume 2A, V.A.C.S., and accepts all rights, powers, privileges, immunities, and franchises therein conferred. (Ordinance of 5-12-69, § 1.)

 

Article 2. Election of Mayor and Aldermen

 

Note: For state law relating to election and terms of Mayor and Aldermen, see VACS arts. 977 et seq. See also the Texas Election Code.

 

Section 1-11. Election of Mayor and Aldermen.

It shall be lawful for the Council of the City to call an election to be held on Saturday, April 15th, 1922, for the purpose of electing a Mayor and two Aldermen for a term of one year and three Aldermen for a term of two years; and thereafter an election shall be held in the City in accordance with the election laws of the State of Texas of each year for the purpose of electing three new members of the Council or two new members of the Council and a Mayor alternately as their term expires. (Ordinance of 5-1-22, § 1. and amended)

 

Article 3. Meetings of Council

 

Note: As regards meetings of the Council, see VACS Article

1008 (which may be found in part I of this Code).

For state law requiring Council meetings to be open to the public, etc., see VACS Article 6252-17.

Section 1-21. Time and place of meetings.

The City Council of the City of White Deer, Texas, shall hold a regular meeting on a date and time as established by the City Council in the City Hall or another location that is available to the public.

 

Article 4. Rules of the Council

 

Section 1-31. Order of business; Mayor to state questions, etc.

(a) The City Council in regular session assembled shall proceed in business in the following order unless the Council determines otherwise:

(1) The Secretary shall call the roll of Mayor and Aldermen and shall note upon the minutes those present.

(2) Reading and correction of the minutes of the last preceding meeting; they shall be signed by the Mayor or President pro Tem and be attested by the Secretary.

(3) Reception of reports from Committees and. City Officers.

(4) Receiving, reading, and referring to appropriate committees of petitions, memorials, and communications addressed to the Council.

(5) Consideration of claims and accounts against the City.

(6) Appointment of standing committees.

(7) Unfinished business.

(8) New business.

(9) Consideration of Codes

 

Section 1-32. Recognition by Chair; etc.

Any member desiring to speak or introduce any motion shall be required to be recognized by the Chair. Roberts Rules of Order shall be utilized to maintain decorum and order. No speaker shall be interrupted except upon point of order or to answer questions. No member shall speak twice on the same subject without consent of the Council, until all other members desiring to speak have been heard. (Ordinance of 5-23-21, § 3. and amended)

 

Article 5. City Administrator

 

Section 1-41. May appoint City Administrator.

The City Council of the City may appoint a City Administrator for the City of White Deer, who, when appointed and serving, shall be the administrative head of the municipal government under the direction and supervision of the City Council. (Ordinance of 2-10-64, § 1.)

 

Section 1-42. Reserved for future use.

 

Section 1-43. Term of office.

The City Administrator shall be appointed for an indefinite period and shall be subject to discharge at the will of the City Council of the City. (Ordinance of.2-10-64, § 3.)

 

Section 1-44. Absence or disability of City Administrator.

During the absence or disability of the City Administrator, the City Council may designate some properly qualified person to perform the duties.

 

Section 1-45. Powers and duties of the City Administrator.

(a) The powers and duties of the City Administrator shall be:

(1) To devote all of his working time and attention to the affairs of the City, and be responsible to the City Council for the efficient administration of its affairs.

(2) To see that all laws and codes are enforced.

(3) To be responsible for hiring and/or discharging all temporary employees.

(4) To exercise supervision and control over all departments created by the City Council or that may hereafter be created by the City Council of the City.

(5) To attend all meetings of the City Council with the right to take part in the discussion, but having no vote; and he shall be notified of all special meetings of the City Council.

(6) To see that all terms and conditions imposed in favor of the City of White Deer and its inhabitants in any public utility franchise are faithfully kept and performed, and upon knowledge of any violation thereof to call the same to the attention of the City Council.

(7) To act as Budget Officer and as such to prepare and submit to the City Council, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the estimated amounts required by months for the efficient operation of each department of the City Government and the reasons for such estimated expenditures.

(8) In addition to the foregoing paragraph (7), to make and file a budget as required by State Law.

(9) To make a full written report to the City Council as soon after the close of each month’s accounts as possible, showing the operation and expenditures of each department for the preceding month, and a comparison of such monthly expenditures, by departments, with the monthly allowances made for such departments in the annual budget, and to keep the City Council fully advised at all times as to the financial condition and needs of the City.

(10) To act as purchasing agent for the City of White Deer and to purchase all merchandise, material, and supplies needed by the City, and may establish, if needed, a suitable storehouse where such supplies shall be kept and from which same shall be issued as needed; and to adopt such rules and regulations governing requisitions and transaction of business between himself as such purchasing agent and the heads of the departments, officers, and employees of the City as the City Council may approve.

(11) To recommend to the City Council the salaries to be paid each appointive officer and subordinate employee of the City; and it shall be the duty of the City Council to pass ordinances or resolutions, from time to time, fixing rates of compensation.

(12) To recommend to the City Council, in writing, from time to time, for adoption, such measures, as he may deem necessary or expedient.

(13) To do and perform such other duties as may be prescribed by code or resolution of the City Council of the City.

(a) It shall be the duty of; the purchasing agent to give opportunity for competition on purchases and sales, except when the nature of the purchase or sale is such that competition is impossible or impracticable. All purchases in excess of Twenty-Five Thousand Dollars ($25,000.00), except of real estate, or rights or easements therein, shall be by contract to the lowest responsible bidder, and all sales in of real estate or rights or easements therein, shall be made to the highest bidder after public notice and the receipt of sealed bids. All sealed bids received shall be opened in public and thereafter shall be subject to public inspection. The purchasing agent may reject all bids and re-advertise for new bids. The purchasing agent may require successful bidders to furnish security conditioned upon the faithful performance of their contract or conditioned upon the payment of the wages and compensation for all laborers employed on work for which a contract is made by the contractor, subcontractor, agent or any person, or conditioned for both. The purchasing agent shall not let any contract for periods exceeding one year for street lighting, public improvements, labor, or supplies.

(b) In case of accident or other circumstances creating an emergency, the City Administrator may, with the consent of the City Council, award contracts and make purchases for the purpose of repairing damages caused by said accident or avoiding said public emergency; but, immediately afterwards, he shall file with the Mayor a certificate showing such emergency and the necessity of such action together with an itemized account of all expenditures. (Ordinance of 2-10-64, § 5 and amended by this code.)

 

Section 1-46. Compensation and bond of City Administrator.

The City Administrator shall receive such compensation as the City Council shall fix from time to time and shall furnish such surety bond as may be required by the City Council, the premium to be paid by the City. (Ordinance of 2-10-64, § 6.)

 

Article 6. City Secretary

 

Section 1-47. Appointment of City Secretary.

The City Council of the City shall appoint a City Secretary for the City of White Deer, who, when appointed and serving, shall be the administrative secretary of the municipal government under the direction and supervision of the City Administrator. The City Secretary shall receive such compensation as the City Council shall appropriate and establish from time to time and shall furnish such surety bond as may be required by the City Council. The premium is for such bond is to be paid by the City.

 

Section 1-48. City Secretary, duties, etc.

The city secretary shall attend every meeting of the city council and keep accurate minutes of the proceedings thereof in a book to be provided for that purpose, and

engross and enroll all laws, resolutions and codes of the city council, keep the corporate seal, take charge of and preserve and keep in order all the books, records, papers, docu-ments and files of said council, countersign all commissions issued to city officers, and licenses issued by the mayor, and keep a ‘record or register thereof, and make out all notices required under any regulation or code of the city. He shall draw all the warrants on the treasurer and countersign the same and keep an accurate account thereof in a book provided for the purpose. He shall be the general accountant of the corporation, and shall keep in books regular accounts of the receipts and disbursements for the city, and separately, under proper heads, each cause of receipt and disbursement, and also accounts with each person including officers who have money transactions with the city, crediting accounts allowed by proper authority and specifying the particular transaction to which such entries apply. He shall keep a register of bonds and bills issued by the city, and all evidence of debt due and payable to it, noting the particulars thereof, and all facts connected therewith, as they occur. He shall carefully keep all contracts made by the city council; and he shall perform all such other duties as may be required of him by law, code, resolution or order of the city council. He shall receive for his services an annual salary payable at stated periods, and such additional fees as the city council may allow.

 

Section 1-49 through 60. (Reserved for future use.)

 

Article 7. Municipal Court

 

Section 1-61. Municipal Court created.

There is hereby created a Municipal Court for the City of White Deer, which shall be known and designated “Municipal Court of the City of White Deer, Texas.” (Ordinance of 7-2-62, § 1.)

 

Section 1-62. Jurisdiction.

The Municipal Court shall have jurisdiction within the territorial limits of the City of White Deer, in all criminal cases arising under the codes of the City, and shall also have concurrent jurisdiction with the Justice of the Peace of the precinct within which the City is located in all criminal cases arising under the criminal laws of this State and arising within such territorial limits, in which case the punishment is by fine only, and where the maximum of such fine may not exceed the maximum as established by state law for a Class C misdemeanor offense (Ordinance of 7-2-62, § 2. and amended by this code)

 

Section 1-63. Judge of the Municipal Court.

(a) The Court shall be presided over by a Judge who shall be known and designated as the Judge of the Municipal Court and appointed by the Mayor with simply majority vote of affirmation from the City Council. The powers and duties of the Judge of said Court shall be those powers and duties prescribed by the laws of the State of Texas.

(b) The office of Municipal Court Judge shall be filled by appointment for the same time as the Mayor of the City is elected.

(c) The Mayor of the City of White Deer, Texas, shall serve ex-officio as Municipal Court Judge in the absence of the Judge and the Assistant Municipal Court Judge or in the event of the illness or inability to serve of the Judge and the Assistant Judge.

(d) A vacancy in the office of Judge shall be filled by appointment of the Mayor and with a simple majority vote of affirmation by the City Council for the unexpired term only.

(e) The salary of the Judge of the Court shall be determined from time to time by the City Council. (Ordinance of 7-2-62, § 3; Ordinance of 2-8-72, §§ I to .3.)

 

Section 1-64. Assistant Municipal Court Judge: Office created.

The office of Assistant Municipal Court Judge is hereby created. (Ordinance of 11-9-70, § 1.)

 

Section 1-65. Same: Term.

The term of the Assistant Municipal Court Judge shall correspond with the term for the Municipal Court Judge. (Ordinance of 11-9-70, § 2.)

 

Section 1-66. Same: Appointment.

The Assistant Municipal Court Judge shall be appointed by the City Council. (Ordinance of 11-9-70, § 3.)

 

Section 1-67. Same: When to act.

The Assistant Municipal Court Judge shall have authority to act only in the event of the absence from the City, the illness or the inability of the Municipal Court Judge to perform his or her duties. The Assistant Municipal Court Judge shall have the authority to perform any and all acts, which the Municipal Court Judge could. -perform. (Ordinance of 11-9-70, § 4.)

 

Section 1-68. Same: Salary.

There shall be no salary paid to the Assistant Municipal Court Judge. (Ordinance of 11-9-70, § 6.)

 

Section 1-69. Clerk of Court.

The City Secretary of the City of White Deer shall be ex-officio Clerk of the Court; and the Secretary is hereby authorized to appoint a deputy with the same power as the Secretary as ex-officio Clerk of the Court on such permanent or temporary basis as may be from time to time authorized by the City Council. The ex-officio Clerk shall hold his office during his term as City Secretary. The Clerk of the Court shall keep minutes of the proceedings of the Court, issue all process, and generally perform all the duties of the Clerk of a Court as prescribed by law for a County Clerk insofar as the same may be applicable. The Clerk shall be the keeper of the seal of the Court, and is hereby authorized to impress the seal upon such proceedings and process as provided by law. (Ordinance of 7-2-62, § 4.)

 

Section 1-70. Seal.

The Court shall have a seal with a star of five points in the center, and the words “Municipal Court in White Deer, Texas”, the impress of which shall be attached to all 6

papers issued out of this Court except subpoenas, and shall be used to authenticate the official acts of the Clerk and of the Judge. (Ordinance of 7-2-62, § 5.)

 

Section 1-71. Complaints.

Proceedings in the Municipal Court shall be commenced by complaint, which shall begin: “In the name and by authority of the State of Texas”, and shall conclude: “Against the peace and dignity of the State”, and if the offense is covered only by an code, it may also conclude: “Contrary to the said code”. Complaints before such Court may be sworn to before any officer authorized to administer oaths, or before the Judge or Clerk of the Court, the City Secretary, the City Attorney, or his deputy, each of whom, for that purpose, shall have power to administer oaths, as provided by the laws of the State of Texas. (Ordinance of 7-2-62, § 6.)

 

Section 1-72. Attorney.

Prosecutions in the Court shall be conducted by the City Attorney of the City of White Deer or by his deputy. In the event there is no City Attorney, or in the event of his absence, the evidence on behalf of the prosecution may be presented by any peace officer, without the intervention of a prosecuting attorney. The City Council is authorized to contract for the special services of any qualified attorney to prepare and present prosecutions in the Court, whether or not the attorney is duly and officially appointed or acting as City Attorney of the City of White Deer. The County Attorney of Carson County may if he so desires, also represent the city or the State in such prosecutions; but in such cases, he shall not be entitled to receive any fees or other compensation whatever for said services. The County Attorney shall have power to dismiss any prosecution pending in the Court unless for reasons filed and approved by the Judge. (Ordinance of 7-2-62, § 7.)

 

Section 1-73. Service of process.

All process issuing out of the Court shall be served by a policeman or Marshal of the City of White Deer, under the same rules as are provided by law for service by sheriffs and constables of process issuing out of the Justice Court, so far as applicable. Each defendant shall be entitled to at least one day’s notice of any complaint against him, if such time be demanded. (Ordinance of 7-2-62, § 8.)

 

Section 1-74. Appeals.

Appeals from the Court shall be heard by the County Court of Carson County, except in cases where the County Court has no jurisdiction; in which case such appeal shall be heard by the proper Court. In such appeals, the trial shall be de novo. The appeal shall be governed by the rules of practice and procedure for appeals from Justice Court to the County Court, as far as applicable. (Ordinance of 7-2-62, § 9.)

 

Section 1-75. Code of Criminal Procedure.

The provisions of the Code of Criminal Procedure of the State of Texas regulating the amount and collection of jury and witness fees, and for enforcing the attendance of witnesses in criminal cases tried in the Justice Court, so far as applicable, govern proceedings in this Court. (Ordinance of 7-262, § 10.)

 

Section 1-76. Enforcement of fine.

Upon conviction by the Court of any defendant for any violation of City code or State

law, properly brought within the jurisdiction of the Court, the fine assessed against the convicted defendant shall be enforced by execution against the property of the defendant as under ordinary executions, or by imprisonment of the defendant, the defendant being entitled to credit on the fine imposed at such rate per day of imprisonment as shall be from time to time determined by the State law, or by collection of the fine in cash from the defendant. All such fines as shall be collected shall be paid into the City Treasury for the use and benefit of the City of White Deer. When any such defendant in any such case is committed to custody, in lieu of his payment of a fine duly and legally assessed against him, the prisoner shall be committed to the custody of the Chief of Police, or City Marshal of the City of White Deer, to be held by him in custody, in the City/County Jail, or in such other safe and proper jail as the officer may elect, for the prescribed period of time. (Ordinance of 7-2-62, § 11.)

 

Section 1-77. Contempt; bail.

The Judge of the Court may punish for contempt to the same extent and under the same circumstances as the County Judge may punish for contempt for County Court. He shall also have power to take recognizance, admit to bail, and forfeit recognizance and bail bonds under such rules as govern such taking and forfeiture in the County Court. (Ordinance of 7-2-62, § 12.)

 

Section 1-78. City Marshal.

The office of City Marshal of the City of White Deer is established, as allowed by the law of the State of Texas. The City Council shall appoint the City Marshall and the City Marshal shall have all of the powers and duties of the office of City Marshal as provided by the laws of the State of Texas.(adopted by this code).

 

Section 1-79. Code Compliance Officer.

The Mayor of the City may appoint a Code Compliance Officer for the City of White Deer,

who will work under the supervision of the City Superintendent. When appointed and

serving, shall inspect property, exsisting buildings and dwellings to determine compliance

with city ordinances.

 

Section 1-80. Code Compliance Officer Duties.

  1. Responds to citizen complaints and requests for information regarding city codes and

ordinances.

  1. Inspects properties for compliance with applicable local codes and ordinances.
  2. Completes inspection reports and related documentation.
  3. Prepares and issues notices and citations of violation where unsafe or illegal

Conditions exist and conducts follow up inspections to ensure corrections are made.

  1. Demonstrates continuous effort to improve operations, decrease turnaround times, streamline work processes and work cooperatively and jointly to provide quality seamless customer service.

 

Article 8. Social Security

 

Note: For state law relating to Social Security, see VACS Article 695g.

 

Section 1-81. City employees covered.

City employees shall continue under Social Security.