Article 8.100: Abolition
Article 8.200: City Administrator
Article 8.300: Municipal Court
Article 8.400: Emergency Action by City Employees
Article 8.500: Texas Municipal Retirement System
(State Law reference Municipal courts, generally, V.T.C.A., Government Code, Sec. 29.001.)
The city council of the City of Lorenzo, acting under the general laws, and having less than 5,000 population according to the last census, does dispense with the office of marshal and at the same time by such ordinance confer the duties on a city police officer . To be appointed as the city council shall direct. (Ordinance 74 adopted 6/8/59)
Sec. 8.201 Appointment
(a) The person appointed as city administrator shall be city secretary, city treasurer of said city, and the powers and duties of the city treasurer as prescribed in Article 1001 , Revised Civil Statutes of Texas of 1925, and as hereafter amended, are hereby conferred on the person holding the office of city secretary .
(b) The person appointed as city administrator shall be ex-officio assessor and collector of taxes of said city, and the power and duties of the assessor and collector as prescribed in Chapter 5 of Title 28, Revised Civil Statutes of 1925, and as hereafter amended, are hereby conferred on the person holding the office of city secretary .
(c) The person appointed as city administrator shall be ex-officio .clerk of the corporation court, or municipal court, of said City, and the power and duties of clerk of said court as prescribed in Article 1200, Revised Civil Statutes of Texas of 1925, and as hereafter amended, are hereby conferred on the person holding the office of city secretary.
(d) The governing body of the city shall appoint a city administrator for the City of Lorenzo who shall be the administrative head of the municipal government under the direction and supervision of the governing body.
Sec. 8.202 Residence of City Administrator
The city administrator mayor may not be a resident of the City of Lorenzo when appointed, but during the term of his office shall reside in the City of Lorenzo, Crosby County, Texas.
Sec.8.203 Term of Office
The city administrator shall be appointed for an indefinite period and shall be subject to discharge at the will of the governing body of the city.
Sec. 8.204 Absence or Disability of City Administrator
During the absence or disability of the city administrator,
the governing body shall designate some properly qualified person
to perform the duties of said office.
Sec. 8.205 Powers and Duties
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 governing body for the efficient administration of its affairs. .
(2) To see that all laws and ordinances are enforced.
(3) With the advice of the governing body of the city, to appoint or remove all subordinate employees.
(4) To exercise supervision and control over all departments created by the governing body or that may hereafter be created by said governing body of the city.
(5) To attend all meetings of the governing body with the right to take part in the discussion, but having no vote; and he shall be notified of all special meetings of said governing body.
(6) To see that all terms and conditions imposed in favor of the City of Lorenzo, and its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation there of to call the same to the attention of the governing body.
(7) To act as budget officer and as such to prepare and submit to the governing body, 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) The city administrator, in addition to the foregoing paragraph (7) shall make and file a budget as required by state law.
(9) To make a full written report to the governing body 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 governing body 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 Lorenzo 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 governing body may approve.
In case of accident or other circumstances creating an emergency, the city administrator may, with the consent of the governing body, 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.
(11) To recommend to the governing body the salaries to be paid each appointive officer and subordinate employee of the city; and it shall be the duty of the governing body to pass ordinances or resolutions, from time to time, fixing rates of compensation.
(12) To recommend to the governing body, 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 ordinance or resolution of the governing body of the city.
See. 8.206 Compensation and Bond of City Administrator
The city administrator shall receive such compensation as the governing body shall fix from time to time by ordinance and shall furnish such surety bond as may be required by the governing body by ordinance, the premium to be paid by the city .
(Ordinance 0-05- 72 adopted 5/8/72)
(State Law reference-Abolition of office of city marshal, V.T.C.A., Local Government Code, Sec. 22.076.)
Sec. 8.301 Creation of Municipal Court
There is hereby created a court in and for the City of Lorenzo, Texas, which shall be known as the municipal court. This court shall have jurisdiction within the city with power to hear and determine all cases of alleged violations of the ordinances of the city and all other cases over which municipal courts are generally given jurisdiction by state law.
Sec.8.302 Appointment of Judge
(State Law referenc~Municipa1 court judges, generally, V.T.C.A.,
Government Code, Sec. 29.004.)
There is hereby created the office of judge of the municipal court who shall have the powers and authority as granted by, and shall perform all the duties as required by state law. The amount of compensation to the judge shall be set from time to time by the city council.
Sec. 8.303 Oath Requirement
The judge of the municipal court, prior to taking office, shall take the oath of office 1 required by the state constitution and state laws. This is the oath required by the state law 1 for the mayors of cities.
(Ordinance 09-A-1981 adopted 9/21/81)
Sec. 8.304 Appointment of Court Clerk
There shall be appointed by the city council a clerk of the municipal court, and there also may be appointed such deputy clerks as may be necessary for the efficient operation of the municipal court.
Sec. 8.305 Duties of Court Clerk
The clerk of the municipal court and such deputy clerks as may be appointed shall perform all the duties and have all the powers bestowed upon clerks of municipal courts by state law. Any clerk or deputy clerk so appointed shall act as official clerk of the municipal court and shall perform all acts incident to such office.
Sec. 8.306 Practices and Procedures
The rules prescribed by state law governing trials in the state justice of peace courts shall govern the procedure and practice of the municipal court, and the city council may prescribe such additional rules of practice and procedure as are not inconsistent with state law. (Ordinance 09-A-1981 adopted 9/21/81)
Sec. 8.307 Temporary Replacement
While a municipal judge is temporarily unable to act for any
reason, the governing body
of the city , town, or village may appoint a person meeting the qualifications for such position to sit for the regular municipal judge. The appointee shall have all the powers and duties of the office and shall receive the same compensation as is payable to the regular municipal judge while he is acting. The appointee for temporary judge shall take the same oath of office required by the state constitution and state laws.
(Ordinance 03-A-83 adopted 3/14/83)
Every officer, agent or employee of the city, while responding to emergency situations is hereby authorized to act in such a manner as to most effectively deal with the emergency. This provision shall prevail over every other ordinance of the city and, to the extent to which the city has the authority to so authorize, over any other law establishing a standard " of care in conflict with this section. Neither the city nor the employee shall be liable for
any failure to use ordinary care in such emergency.
(Ordinance 0-07-B-86 adopted 7/14/86)
(State Law reference-Texas Municipal Retirement System, generally, V.T.C.A., Government Code, Chapter 851.)
The ordinance of the city regarding participation in the Texas
Municipal Retirement System (TMRS) have not been included in this
code, but are hereby specifically saved from repeal and shall
be maintained on file in the office of the city administrator
. (Ordinance adopting Code)