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HomeMy WebLinkAboutSupplement No. 22 - 1974 Code of Ordinances SUPPLEMENT NO.22 CODE OF ORDINANCES City of EULESS,TEXAS Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 989,enacted October 25, 1988. See Code Comparative Table, page 1478. Remove old pages Insert new pages xiii, xiv xiii—xiv.i Checklist of up-to-date pages Checklist of up-to-date pages 153, 154 153, 154 172.3 172.3-172.17 1022.9, 1022.10 1022.9-1022.11 1164.1-1166.1 1165-1166.2 1477, 1478 1477-1479 Index pages Index pages 1504.1-1506 1504.1-1506 1517-1520 1517-1520 1524.1-1528 1525-1528.3 Insert this instruction sheet in front of volume. File removed pages for reference. MUNICIPAL CODE CORPORATION Tallahassee, Florida February,1989 Note—An updated checklist of pages in Code is included, fol- lowing Table of Contents. • TABLE OF CONTENTS Page Officials of City at Time of Codification iii Preface v Ordinance Adopting Code ix Checklist of Up-to-Date Pages [1] PART I THE CHARTER Charter 1 Art. I. Incorporation, Form of Government and Powers 1 Art. II. City Council 7 Art. III. Elections 12.1 Art. IV. Initiative,Referendum and Recall 17 Art. V. Administrative Organization 22 Art. VI. Municipal Court 25 Art. VII. Finance 26 Art. VIII. Bonds, Warrants and Other Evidence of Indebtedness 29 Art. IX. Taxation 32 Art. X. Planning 36 Art. XI. Franchises and Public Utilities 38 Art. XII. General Provisions 42 Art. XIII. Parks and Recreation 48 Art. XIV. Library Board 49 Charter Comparative Table 95 PART II CODE OF ORDINANCES Chapter 1. General Provisions 99 2. Administration 153 Art. I. In General 153 Art. II. Civil Service System 159 Art. III. Advisory Board for Social Concerns 164 Art. IV. Tree Board 166 Art. V. Officer and Employee Liability Plan 170 Supp.No.22 xiii EULESS CODE Chapter Page Art. VI. Self-insurance and Risk Management . 172.3 Div. 1. General Provisions 172.3 Div. 2. Self-insurance and Risk Management Program 172.4 Div. 3. Payments For Covered Program Risks,Limitations,Conditions 172.8 Div. 4. Risk Manager 172.15 21/2. Alarm Systems 173 21. Alcoholic Beverages. 183 3. Animals and Rabies Control 207 Art. I. General Provisions 207 Art. II. Estrays 223 Art. III. Rabies Control 227 4. Buildings and Structures 263 Art. I. In General 263 Art. II. Moving Buildings 264 Art. III. Signs and Billboards 280 Art. IV. Electrical Regulations 288.1 Div. 1. Generally 288.1 Div. 2. Inspectors 291 Div. 3. Licenses 294 Div. 4. Permits 297 Art. V. Plumbing and Gas Fitting 299 Art. VI. Fences and Obstructions 301 Art. VII. Satellite Television Reception Dishes 308.4 Art. VIII. Flood Damage Prevention 308.4 Div. 1. General Provisions 308.4 Div. 2. Administration - 308.12 Div. 3. Provisions for Flood Hazard Re- duction ' 308.19 41/2. Cable Television 309 Art. I. In General 309 Art. II. Administration 316 Art. III. Operation Regulations 329 4%. Civil Preparedness 345 Supp.No.22 xiv TABLE OF CONTENTS—Cont'd. Chapter Page 5. Finance and Taxation 351 Art. I. In General 351 Art. II. Ad Valorem Tax 351 Art. III. Hotel Occupancy Tax 354 Art. IV. Bingo Tax 357 Art. V. Telecommunications Services Tax 358 6. Fire Protection and Prevention 435 Art. I. In General 435 Supp.No.22 xiv.i Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and re- moved in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp.No. Page No. Supp.No. Title page OC 11, 12 2 iii OC 12.1 2 v, vi OC 13, 14 OC vii OC 15, 16 OC ix, x OC 17, 18 OC xi,xii OC 19, 20 OC xiii, xiv 22 21, 22 OC xiv.i 22 23, 24 OC xv, xvi 21 25,26 2 xvii 21 26.1 2 1,2 2 27, 28 OC 3, 4 OC 29,30 2 5, 6 OC 31, 32 OC 7, 8 OC 33,34 2 9,10 2 35, 36 OC Supp.No.22 [11 '�EULESS CODE Page No. Supp.No. Page No. Supp.No. 37, 38 OC 209,210 20 39, 40 OC 211,212 20 41, 42 OC 213,214 20 43, 44 OC 215,216 20 45, 46 OC 21.7,218 20 47, 48 OC 219,220 20 49 OC 221,222 20 95 2 223,224 20 99, 100 OC 225,226 20 101, 102 OC 227,228 20 103,>104 16 229,230 20 153, 154 22 231 20 155, 156 1 263,264 19 157, 158 14 265 18 158.1, 158.2 18 267 3 159, 160 3 279, 280 OC 161, 162 3 281, 282 OC 163, 164 9 283, 284 OC �..` 165, 166 17 285,286 7 167,168 17 287,288 13 169,170 19 289,290 20 171, 172 19 291,292 20 172.1, 172.2 19 293,294 20 172.3, 172.4 22 295,296 20 172.5, 172.6 22 297,298 20 172.7, 172.8 22 299,300 20 172.9, 172.10 22 300.1 20 172.11, 172.12 22 301,302 14 172.13, 172.14 22 303,304 14 172.15, 172.16 22 305,306 14 172.17 22 307,308 14 173, 174 18 308.1,308.2 14 175, 176 18 308.3,308.4 19 177, 178 18 308.5,308.6 19 179, 180 18 308.7,308.8 19 181 18 308.9,308.10 19 183, 184 4 308.11,308.12 19 185 13 308.13,308.14 19 207,208 20 308.15,308.16 19 Supp.No.22 �-,, [2] CHECKLIST OF UP-TO-DATE PAGES ''..-_, Page No. Supp.No. Page No. Supp.No. 308.17,308.18 19 449,450 18 308.19,308.20 19 451,452 21 308.21,308.22 19 452.1 21 308.23 19 453, 454 OC 309,310 6 455, 456 OC 311,312 6 457, 458 OC 313,314 6 459, 460 OC 315,316 6 461, 462 OC 317,318 6 463, 464 OC 319,320 6 465,466 18 321,322 6 467,468 18 323,324 6 469,470 5 325,326 6 470.1 5 327,328 6 471, 472 OC 329,330 6 473, 474 OC 331,332 6 475,476 5 333,334 6 525,526 5 335,336 6 526.1 5 337,338 6 527, 528 OC 339,340 6 529, 530 OC 341,342 6 531,532 19 343,344 6 533,534 19 345,346 8 535,536 21 347,348 8 537,538 21 349,350 13 538.1,538.2 21 351,352 19 539,540 20 353,354 21 541,542 21 354.1 21 543 13 355,356 11 589,590 19 357,358 19 591, 592 OC 359 19 593, 594 OC 435,436 18 595, 596 OC 437,438 18 597, 598 OC 439,440 18 599, 600 OC 441,442 18 601, 602 OC 443,444 18 603,604 4 445,446 19 605,606 4 446.1 19 607,608 14 447,448 18 609,610 13 Supp.No.22 [3] EULESS CODE �' Page No. Supp.No. Page No. Supp.No. 611,612 10 849,850 21 613,614 10 851,852 21 615,616 10 899,900 2 617,618 19 901,902 14 619,620 19 903,904 14 621 19 905,906 14 655 OC 953,954 7 755,756 9 1003, 1004 OC 756.1 1 1005, 1006 OC 757, 758 OC 1007, 1008 OC 759, 760 OC 1009, 1010 OC 761, 762 OC 1011, 1012 OC 763, 764 OC 1013, 1014 OC 765,766 21 1015, 1016 OC 766.1 21 1017, 1018 OC 767, 768 OC 1019, 1020 6 769, 770 OC 1021, 1022 6 771,772 9 1022.1, 1022.2 7 �� 772.1 9 1022.3,1022.4 7 773, 774 OC 1022.5, 1022.6 21 775,776 9 1022.6.1 21 776.1 9 1022.7, 1022.8 13 777, 778 OC 1022.9, 1022.10 22 779, 780 OC 1022.11 22 781,782 1 1023, 1024 OC 783,784 1 1025, 1026 17 785,786 1 1026.1 18 787,788 14 1027, 1028 OC 789,790 1 1029, 1030 OC 791,792 1 1031, 1032 OC 793,794 1 1033, 1034 OC 795 13 1035, 1036 9 837,838 21 1037, 1038 16 839, 840 OC 1039, 1040 20 841, 842 OC 1089, 1090 OC 843, 844 OC 1091, 1092 OC 845,846 15 1093, 1094 OC 846.1 15 1095, 1096 OC 847, 848 OC 1097, 1098 OC ��Supp.No.22 [4] CHECKLIST OF UP-TO-DATE PAGES • Page No. Supp.No. Page No. Supp.No. 1099, 1100 21 1332.3, 1332.4 13 1101, 1102 8 1332.5, 1332.6 13 1103, 1104 8 1333, 1334 15 1105, 1106 OC 1335, 1336 15 1107, 1108 OC 1336.1 15 1159, 1160 14 1337, 1338 7 1161, 1162 14 1339,1340 16 1163, 1164 20 1340.1, 1340.2 16 1165, 1166 22 1341, 1342 OC 1166.1,1166.2 22 1343, 1344 OC 1167, 1168 14 1345, 1346 OC 1169, 1170 14 1347, 1348 OC 1171, 1172 14 1349, 1350 OC 1173, 1174 14 1351, 1352 OC 1175, 1176 14 1353, 1354 OC 1177, 1178 14 1354.1, 1354.2 5 1179, 1180 14 1354.3, 1354.4 7 1181, 1182 14 1354.5 7 1183, 1184 14 1355, 1356 5 �- 1185, 1186 14 1357, 1358 7 1187, 1188 14 1359, 1360 5 1189, 1190 14 1361 OC 1191 14 1461, 1462 19 1215 OC 1463, 1464 19 1315, 1316 OC 1465, 1466 19 1317, 1318 OC 1467, 1468 19 1319,1320 14 1469, 1470 9 1320.1,1320.2 7 1471, 1472 9 1321,1322 15 1473, 1474 14 1322.1 15 1475, 1476 18 1323, 1324 9 1477, 1478 22 1324.1, 1324.2 12 1479 22 1325 12 1481, 1482 OC 1326.1, 1326.2 9 1483, 1484 OC 1327, 1328 12 1485, 1486 OC 1329, 1330 12 1487, 1488 OC 1330.1 12 1489, 1490 OC 1331, 1332 9 1491, 1492 OC 1332.1, 1332.2 9 1493, 1494 OC Supp.No.22 ".� [5] EULESS CODE Page No. Supp.No. Page No. Supp.No. 1495 OC 1528.1, 1528.2 22 1497, 1498 21 1528.3 22 1499, 1500 21 1529, 1530 9 1500.1, 1500.2 21 1530.1 9 1501, 1502 9 1531, 1532 8 1502.1, 1502.2 15 1532.1 19 1503, 1504 19 1533, 1534 15 1504.1, 1504.2 22 1535, 1536 20 1505, 1506 22 1536.1 20 1506.1, 1506.2 19 1537, 1538 12 1507, 1508 19 1539, 1540 21 1509 19 1541, 1542 21 1510.1, 1510.2 21 1542.1, 1542.2 21 1511, 1512 17 1543, 1544 16 1513, 1514 19 1544.1 20 1514.1, 1514.2 19 1545, 1546 OC 1515, 1516 5 1547, 1548 16 1517, 1518 22 1549, 1550 20 �-....„ 1519, 1520 22 1551, 1552 OC 1520.1 19 1553, 1554 17 1521, 1522 1 1554.1 17 1523, 1524 21 1555, 1556 14 1525, 1526 22 1557, 1558 19 1527, 1528 22 1559, 1560 19 Supp.No.22 [6] Chapter 2 ADMINISTRATION Art. I. In General,§§2-1-2-50 Art. II. Civil Service System,§§2-51-2-70 Art. III. Advisory Board for Social Concerns,§§2-71-2-85 Art. IV. Tree Board,§§2-86-2-109 Art. V. Officer and Employee Liability Plan,§§2-110-2-129 Art. VI. Self-insurance and Risk Management,§§2-130-2-172 Div. 1. General Provisions,§§2-130-2-141 Div. 2. Self-insurance and Risk Management Program, §§ 2-142- 2-155 Div. 3. Payments For Covered Program Risks, Limitation, Condi- tions, §§2-156-2-167 Div. 4. Risk Manager,§§2-168-2-172 ARTICLE I. IN GENERAL Sec. 2-1. Planning and zoning commission—Created,mem- bership. There is created and established for the city a planning and zoning commission, which shall be composed of seven (7) mem- bers.The members shall be resident citizens,taxpayers and qual- ified voters of the city, all of whom shall be appointed by the governing body, to serve for terms of two(2)years. All vacancies shall be filled for the unexpired term in the same manner as provided for the original appointments. Members of the commis- sion may be removed by the mayor, with the consent of the governing body, after public hearing and for cause assigned in writing. The members of the commission shall serve without compensation. (Ord. No. 32, § 1, 3-19-55) Charter reference—See Art.X,§ 1. Sec. 2-2. Same—Organization. The planning and zoning commission shall elect a chairman, vice-chairman and a secretary from its membership and shall have power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the commission and to pay for their services and such other necessary expenses; pro- vided, the cost of such services and expenses shall not exceed the Supp.No.22 153 §2-2 EULESS CODE §2-4 amount appropriated by the governing body for the use of the commission. It shall also have the power to make rules, regula- tions and bylaws for its own government, which shall conform as nearly as possible with those governing the city council, and same shall be subject to approval by such council. Such bylaws shall include, among other items, provisions for: (1) Regular and special meetings, open to the public; (2) Records of its proceedings,to be open for inspection by the public; (3) Reporting to the governing body and the public,from time to time and annually; (4) For the holding of public hearings on its recommendations. (Ord. No. 32, § 2, 3-19-55) Sec. 2-3. Same—Powers and duties. The planning and zoning commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts, for the future development and redevelopment of the municipality and its environs and shall have power and it shall be its duty to prepare a comprehensive plan for zoning the city in accordance with article 1011a through 1011j, Vernon's Texas Civil Statues. The commission shall per- form such other duties as may be prescribed by ordinances of the city and laws of the state. (Ord. No. 32, § 3, 3-19-55) Charter reference—See Art.X,§2. Sec. 2-4. Mutual law enforcement assistance—Assignment of police of this city authorized. Pursuant to the provisions of article 99b,Vernon's Texas Civil Statutes, the chief of police is authorized to assign the regularly employed law enforcement personnel of his department to assist any other county or municipality in this state, when a state of civil emergency in such county or municipality has been declared by proper authority, upon request by such proper authority, and when, in the opinion of such proper authority, a need exists in such other county or municipality for the services of additional law enforcement officers to protect the health, life and property of such other county or municipality, its inhabitants, and the visitors thereto, by reason of riot, unlawful assembly character- ized by the use of Supp.No.22 154 §2-119 ADMINISTRATION §2-130 Sec. 2-119. No creation of cause of action. Nothing contained in this plan shall be construed as creating a right or cause of action against a plan member nor giving a right to a third party to institute or maintain a suit which would not otherwise exist under law as a legal claim against a plan mem- ber. (Ord. No. 928, § I(10), 3-24-87) Secs. 2-120-2-129. Reserved. ARTICLE VI. SELF-INSURANCE AND RISK MANAGEMENT* DIVISION 1. GENERAL PROVISIONS Sec. 2-130. Miscellaneous provisions. (a) Cumulative effect. The ordinance from which this article is derived shall be and is hereby declared to be cumulative of all other ordinances of the city, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provision, if any, in this ordinance [and this ordinance] shall control. (b) Validity. If any section,subsection,sentence,clause or phrase of this article is for any reason held to be unconstitutional, or otherwise invalid,such holding shall not affect the validity of the remaining portions of this article. (c) Governmental functions. All of the regulations provided in this article are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the city council or any city official or employee charged with the enforcement of this article, acting for the city in the discharge of his or her duties, shall not thereby render himself or herself personally liable; and he is hereby relieved from all personal *Editor's note-Ordinance No. 992, adopted Nov. 8, 1988,enacted the provi- sions codified as Art.VI above.Since paid ordinance did not expressly amend the Code,the manner of codification has been at the editor's discretion. Cross reference—Officer and employee liability plan, §2-110 et seq. Supp.No.22 172.3 §2-130 EULESS CODE §2-142 liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his duties. (Ord. No. 992, Art. V, §§ 1-3, 11-8-88) Sec. 2-131. Risk retention. With regard to risks of accidental loss, it shall be the city's policy to self-insure within the framework of the risk manage- ment fund and the self-insurance and risk management program established herein and to provide moneys to the fund in accord- ance with actuarial determinations providing for defined self- insurance coverages. Commercial insurance may be provided: (a) As excess coverage over the fund; or (b) Whenever certain necessary services can be obtained only by purchase of commercial insurance; or (c) When the city is obligated by contract or law to purchase commercial insurance and no alternate method is accept- able; or (d) When a higher level of risk retention proves both prudent and fiscally sound; or (e) When exclusions under the program do not result in long- term economic advantage to the city. (Ord. No. 992, Art. III, § 2, 11-8-88) Secs. 2-132-2-141. Reserved. DIVISION 2. SELF-INSURANCE AND RISK MANAGEMENT PROGRAM Sec. 2-142. Creation; administration. (a) The city council hereby establishes and orders created its "self-insurance and risk management program"(the"program"), which shall, in its entirety,consist of the provisions of this article. (b) The program, subject at all times to the superior authority of the city council, shall be under and subject to the supervision and administration of the city's risk claims board (the "claims board"), which claims board is hereby created. The claims board shall consist of the city manager (or his designee) as chairman, Supp.No.22 172.4 §2-142 ADMINISTRATION §2-142 assistant city manager, director of finance, city attorney and risk manager. The city secretary or a deputy thereof shall serve as secretary of the claims board. (c) The claims board shall have the authority and responsibili- ties granted to it by this article and such other powers as are necessary to carry out its duties,including expressly the following: (1) To develop procedures for the conduct of its business; (2) To administer the terms and provisions of the risk assump- tion ordinance; (3) To receive, analyze,process, settle or litigate claims against the city arising out of any of the combined risks whether or not they are or can be payable from the risk management fund(the "risk management fund")created in Section 2-143 of this division; (4) To retain the service of professional claims adjustment individuals or companies and to authorize such persons or companies to settle claims not in excess of five thousand dollars($5,000.00); �,- (5) To authorize the payment of claims,judgments, costs and expenses out of the risk management fund for any claim in connection with a combined risk that is permitted herein to be paid therefrom not exceeding five thousand dollars ($5,000.00)in one amount,and for amounts over such sum, to present vouchers therefor for approval by the council; (6) To supervise the activities and duties of the city's risk manager; (7) To provide for the defense of claims, as herein provided, and to employ experts for the city, and under the supervi- sion of the city attorney, to defend or appear for the city and any "plan member" as herein defined; (8) To direct the investment of funds on hand from time to time in the risk management fund in investments that are eligible as lawful investments for the other public funds of the city; and (9) To advise the city council at least semiannually of all aspects of the combined risks and the status of the risk Supp.No.22 172.5 §2-142 EULESS CODE §2-143 management fund and the program. (Ord. No. 992, Art. I, § I, 11-8-88) Sec. 2-143. Creation and purpose of risk management fund. (a) The city council hereby orders created and there shall be established in the city's official depository bank,unless the same is required to be kept elsewhere by the terms of other agreements or ordinances of the city, the risk management fund(the "fund" or the "risk management fund"). (b) It is the purpose of the fund to provide to the city an appropriate amount of money with which it can, from time to time, pay claims arising out of the combined risks for which the city may be liable, all as a part if its self-insurance plan under the program. Accordingly, the fund shall be a special trust fund established and recorded on the books of the city as a restricted trust fund solely for the purpose of paying that portion of the combined risks for which the city may be shown to be liable and that are described and permitted in Division 3 of this article. (c) The city, by its creation of the fund, does not admit to +� liability for any claim by any person either against the city or against any "plan member," as herein defined. (d) Should any claim by any person or claimant be proven to the satisfaction of the claims board to be owing by the city for a claim that is beyond the purpose of limits herein provided or is in excess of amounts available in the fund for payment, then such impermissible claim or the excess of any permissible claim may be paid the city only at such times and from such funds and sources as may be provided by law for the payment or collection thereof and the city reserves the right to assert such defenses to payment or collection as may be available to it under the laws of the State of Texas that are available in the absence of this arti- cle,the fund or the program. (e) No person, party, claimant or "plan member," as herein defined, except the city, shall have any rights to any moneys on deposit in the fund. The claims board shall have the right, by agreement, to grant the right to obtain payment of specific claims up to five thousand dollars($5,000.00)from the fund. Any rights to obtain payment of claims in excess of such amount must be approved by the city council. (Ord. No. 992, Art. I, § 2, 11-8-88) Supp.No.22 172.6 §2-144 ADMINISTRATION §2-145 \..� Sec. 2-144. Funding of risk management fund. (a) The fund shall be funded by: (1) Contributions made from time to time upon order of the city council from budgeted, appropriated and available cur- rent moneys of the city; and (2) Funds derived by the city, in its sole discretion, pursuant to agreements with third party sources. (b) The city council hereby directs that sufficient sums be de- posited into the city's risk management fund to administer this plan.(Ord. No. 992, Art. I, § 3, 11-8-88) Sec. 2-145. Payments from risk management fund. (a) Upon order of the claims board, money on deposit in the fund may be withdrawn by checks or drafts drawn upon the fund and used to: (1) Reimburse the city for its payment of the expenses of the program; (2) Satisfy and pay claims settled or adjudged against the city or a"plan member," as defined herein,for injuries arising out of the combined risks, as described in Division 3 hereof; (3) Reimburse the city for any payment made by the city under any funding agreement for the fund that is permit- ted to be paid to the city pursuant to such agreement; (4) Pay to the city annually any investment earnings or other surplus on deposit in the fund that are not required, in the opinion of a professional actuary retained by the claims board, to maintain the fund on an actuarially sound basis for the period and risks for which it is then currently funded; and (5) Prepay or retire,by payment,defeasance or otherwise,any obligations of the city created in connection with providing money for the fund and pay any costs or expenses of the city associated with the borrowing of any such moneys. (b) The claims board shall not order payments for the purposes specified in clause (2) of paragraph (a) of this section beyond the Supp.No.22 172.7 §2-145 EULESS CODE §2-156 limitations and conditions set forth in Division 3 of this article. (Ord. No. 992, Art. I, § 4, 11-8-88) Secs. 2-146-2-155. Reserved. DIVISION 3. PAYMENTS FOR COVERED PROGRAM RISKS, LIMITATIONS, CONDITIONS Sec. 2-156. Covered program risks. Payments from the fund may be ordered by the claims board for the payment of claims that are asserted against or assumed by the city because of the combined risks for the specific injuries, damages and claims, but subject to the exclusions, limitations and conditions, specified in the following parts of the section: Part I. General Provisions. (A) Payments may be made from the fund under the program for claims of the type described in Part II of this section that are made at any time after actual establishment of the fund. (B) The following definitions shall apply to all parts of this section: Advertising injury means injury to a claimant that arises dur- ing the course of the city's promotional activities, if such injury arises out of libel, slander, defamation, violation of right or pri- vacy, piracy, unfair competition, or infringement of copyright, title or slogan. Assumed risk means the risks of liability that the city has , assumed pursuant to the risk assumption ordinance. Bodily injury means bodily injury, sickness or disease sustained by a claimant which occurs during the time that the program is effective, including death at any time resulting therefrom. City means the City of Euless, Texas. Combined risk means the corporate risks and the assumed risks. Corporate risk means risks of tort liability for which the city may, under law, be held liable while the city as a municipal Supp.No.22 172.8 §2-156 ADMINISTRATION §2-156 corporation and corporate entity is performing its governmental or proprietary functions. Damages means and includes punitive damages,compensatory damages, special damages, prejudgment interest, post judgment interest, court costs, attorneys'fees and any other sums awarded to the claimant against the city or a plan member. Error or omission means any actual or alleged error or mis- statement of actual act or omission or negligent or breach of duty including misfeasance or nonmisfeasance by the plan member in the discharge of his duties for the city. Occurrence means an accident, including continuous or repeated exposure to conditions, or an event or series of related events, or an error or omission or series of related errors or omissions, which result in bodily injury, personal injury, property damage, advertising injury or regulatory injury that are neither expected nor intended by the city or plan member, and also includes any intentional act by or at the direction of the city or a plan member which results in bodily injury, personal injury or property dam- age, if such injury or damage arises solely from the uses of reasonable force for the purpose of protecting persons or property or from the discharge of one's duties for the city. One annual period means that period of twelve(12)consecutive months beginning with either December 1, 1988,the effective date of the program, or any anniversary date of the effective date of the program. Personal injury means: (1) Any physical harm to a person's health including sickness or disease and including death or disability at any time resulting therefrom (this includes mental harm, mental anguish, or mental illness whether or not there has been physical harm or illness); (2) Discrimination; (3) Humiliation; (4) Assault and battery; (5) False or improper service of process; Supp.No.22 172.9 §2-156 EULESS CODE §2-156 (6) Violation of property rights; and (7) Violation of civil rights. Plan member means the officers, board and commission mem- bers, employees and volunteers of the city designated as such in the risk assumption ordinance. Property damage means: (1) Physical injury to or destruction of tangible property of a claimant which occurs during the period that the program is effective, including the loss of use thereof at any time resulting therefrom; or (2) The loss of use of tangible property which has not been physically damaged or destroyed,provided such loss of use is caused by an occurrence during the time that the pro- gram is in effect. Regulatory injury means economic loss sustained by a claimant which occurs as a result of the exercise by the city of its regula- tory or property acquisition functions. Part IL Program Coverage, Purposes of Fund Disbursements. (A) Subject to the limitations contained in Part III and to the conditions stated in Part IV,the claims board may pay or order to be paid from the fund all damages that the city shall become legally obligated to pay, including any settled amount, as a re- sult of a corporate risk or an assumed risk caused by an occur- rence that has resulted in a bodily injury, property damage, advertising injury, regulatory injury or, with respect to an error or omission, a personal injury. (B) The claims board shall have the duty to arrange and shall cause or direct the fund to pay for the defense of any suit alleging damages against the city or a plan member alleged to have arisen out of a combined risk, including any duties to defend any plan member imposed on the city by the risk assumption ordi- nance, even if any of the allegations of the suit are groundless, false or fraudulent, and may direct the fund to pay for such investigation and such settlement of any claim or suit as deemed expedient, in the judgment of the claims board, subject to the approval in the appropriate case of the city council. ^� Supp.No.22 172.10 §2-156 ADMINISTRATION §2-156 Part III. Limitations. (A) Regardless of the number of plan members, or the number of persons or organizations who sustain bodily injury, property damage, advertising injury, personal injury or regulatory injury arising out of the combined risks, or the number of claims made or suits brought on account of combined risks,the payments from the fund are limited as follows: (1) The total payments from the fund for all damages because of bodily injury or personal injury sustained by one (1) or more persons as a result of any one(1)occurrence shall not exceed fifty thousand dollars($50,000.00)for one(1)person and one hundred thousand dollars($100,000.00)aggregate for said occurrence. (2) The total payments from the fund for all damages because of property damage sustained by one(1)or more persons or organizations as the result of any one (1) occurrence shall not exceed twenty-five thousand dollars($25,000.00). (3) The total payments from the fund for all damages because of advertising injury as the result of any occurrence shall not exceed ten thousand dollars($10,000.00). (4) The total payments from the fund for all damages because of regulatory injury as the result of any occurrence shall not exceed ten thousand dollars($10,000.00). (5) The aggregate payments from the fund for all damages because of bodily injury, property damage, advertising in- jury,personal injury and regulatory injury sustained within one (1) annual period shall not exceed two hundred thou- sand dollars($200,000.00). (B) Notwithstanding any other provision of this article, where liability exists by virtue of Chapter 102,Texas Civil Practice and Remedies Code, whether or not the city is a party defendant, payments may be made from the fund up to, but in no event exceeding, the limits of liability provided therein, as amended, for units of local government. (C) Payments from the fund shall not be made with respect to a claim or lawsuit that is brought against a plan member: Supp.No.22 172.11 §2-156 EULESS CODE §2-156 (1) By the city; (2) Arising out of an intentional or knowing violation of a penal statute or ordinance committed by or with the knowl- edge or consent of the plan member of any claim arising out of acts of fraud committed by or at the direction of the plan member with intent to deceive or defraud; (3) Arising either while the plan member is operating a city vehicle with no authority to operate the vehicle, or while plan member is operating a city vehicle in the course of personal or private business; (4) For liability assumed by the plan member under a con- tract,unless the contract is entered into at the request and with the approval of the city; (5) If the plan member joins or attempts to join with the suit against the plan member a claim against the city of bene- fits under the assumed risk ordinance or this article; (6) If the plan member fails to comply with Part IV of the section; (7) For punitive damages, where such damages are not recov- erable in law or against the city; (8) For damages in excp.ss of the amounts permitted[under]Section 102.003, or expressly excluded under Sections 102.002(c) and(d),Texas Civil Practice and Remedies Code, Vernon's Texas Codes Annotated(1985), as the same may be amend- ed; and (9) For damages arising when a plan member is acting beyond the scope of his or her official duties. (D) Upon order of the claims board, and as a part of the appli- cable limit of liability,the fund may pay all expenses incurred at the request of the claims board by, and all costs taxed against, any plan member in any suit for which protection is afforded under the risk assumption ordinance and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before the same has been satisfied, subject to the limits herein established. (E) The program is further limited as follows: Supp.No.22 172.12 §2-156 ADMINISTRATION §2-156 (1) Payments from the fund shall not be made with respect to any obligation for which the city or a plan member of any insurance carrier may be held liable under any worker compensation, unemployment compensation or disability benefits or any similar law. (2) Payments shall not be made from the fund for damages arising out of actions of the city pursuant to its lawful powers of condemnation. (3) Payments shall not be made from the fund for bodily in- jury or personal injury where the claimant is a plan mem- ber or a family member where protection is afforded under health or similar plans of the city. (F) Payments from the fund shall not be made for advertising injury arising out of libel or slander of the publication or utter- ance of defamatory or disparaging material concerning any per- son or organization or goods, products or services, or in violation of an individual's right to privacy made by or at the direction of a plan member with knowledge of the falsity thereof or with actual malice. (G) Payments from the fund shall not be made for bodily injury or personal injury: (1) Resulting from the selling, serving or giving of any alco- holic beverage in violation of any statute, ordinance or regulation, or resulting from the selling, serving or giving of any alcoholic beverage to a minor, or to a person under the influence of alcohol, or which causes or contributes to the intoxication of any person, but this exclusion does not apply with respect to liability of a plan member arising out of the selling, serving or giving of any alcoholic beverages at functions incidental to the business of the city. (2) Due to war, whether or not declared, civil war, insurrec- tion, rebellion or revolution, or to any act or condition incident to any of the foregoing. Part IV. Conditions. (A) In the event of an occurrence involving a plan member, written notice containing particulars sufficient to identify the plan member and also reasonably obtainable information with Supp.No.22 172.13 §2-156 EULESS CODE §2-156 respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses shall be given by or for the plan member by his or her authorized agents to the claims board as soon as practicable.If claim is made or suit is brought against the plan member, the plan member shall immediately forward to the claims board every demand, notice, summons or other process received. The plan member shall cooperate with, and upon the request of, the claims board, assist in making settlements, in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the plan member because of injury or damage with respect to which payment can be made hereunder; and the plan member shall attend hearings and trials and assist in securing and giving evidence and obtain- ing the attendance of witnesses. The plan member shall not, except at his or her own cost, voluntarily make any payment, assume any obligation or incur any expense other than for first aid to others at the time of the accident. (B) No person or organization shall have any right to join the fund, any holder of the fund, the claims board or any person having duties under the program of the fund as a party to any action against the city or against a plan member, nor shall the fund,the claims board,the holder of the fund,or any other person having duties under the program or the fund impleaded by any plan member or any legal representative of any plan member. (C) The protection provided to the city by the program is ex- cess over any valid and collectible insurance, except any insur- ance that specifically states it is excess to the protection provided by the program. (D) In the event of any payment under the program,the claims board and the city shall be subrogated to all the rights of any plan member for recovery therefor against any person or organi- zation and any plan member shall execute and deliver such in- struments and papers and do whatever else that is necessary to secure such rights. No plan member shall do anything after loss to prejudice such rights; provided, however, that nothing herein shall impair or limit the right and authority of the claims board or the city to refuse to assert or to waive any right of subrogation in any particular case; and provided further, that any net recov- ery by the city as subrogee shall be remitted to the fund. Supp.No.22 172.14 §2-156 ADMINISTRATION §2-168 (E) The city shall have the right by duly adopted ordinance to alter or amend or terminate the program in whole or in part at any time and from time to time without notice to any plan mem- ber or other person, except as the right to amend may be ex- pressly limited by an agreement approved by the city council. (F) Payments from the fund on account of a plan member shall not be authorized by the claims board unless the plan member complies in all respects with the requirements of the risk as- sumption ordinance and this article. (Ord. No. 992, Art. II, § 1, 11-8-88) Sec. 2-157. Expenses of the program. The claims board is authorized to define from time to time the costs of the program and to obtain reimbursement therefor from the fund. (Ord. No. 992, Art. II, § 2, 11-8-88) Secs. 2-158-2-167. Reserved. DIVISION 4. RISK MANAGER Sec. 2-168. Duties. The program shall include the services of a risk manager for the city. Subject to the supervisor authority of the claims board and the city council, the risk manager shall have responsibility for: (1) Identification and measurement of all risks of accidental loss; (2) Selection of appropriate risk management techniques for resolving exposure problems,such as risk assumption,risk reduction,risk retention,risk transfer or other systems,as appropriate, including the purchase of insurance additional to the program,subject to the approval of claims board and the city council; (3) Developing and maintaining for the claims board and the city council an information system in coordination with existing systems for timely and accurate recording of loss- es,claims insurance premiums and other related costs and information. (Ord. No. 992, Art. III, § 1, 11-8-88) Supp.No.22 172.15 §2-169 EULESS CODE §2-170 Sec. 2-169. Purchase of insurance. (a) The procurement of all insurance additional to the program for the city will be coordinated through the risk manager and submitted to the claims board and recommended to the city coun- cil for final approval. (b) Additional insurance with limits equal to the maximum foreseeable loss shall be purchased: (1) When the potential loss exposure exceeds the retention level previously stated; and (2) When such insurance is available on a fiscally sound basis and, if paid for as a cost of the program out of the fund,the purchase does not render the fund actuarially unsound. (c) Any commercial insurance shall be purchased from sources determined to be in the best interest of the city. No specific Best's Rating is established as a minimum; however, the insurance company must have an excellent financial rating as determined by the director of finance and the risk manager. (d) Whenever possible, the remuneration of agents and bro- kers providing services to the city shall be made on a fee basis. (Ord. No. 992, Art. III, § 3, 11-8-88) Sec. 2-170. Claims,reporting,management and settlement. (a) Claims made by the public alleging wrongful acts, bodily injury, personal injury or property damage and/or occurrences resulting in damage to or loss of city property shall be reported to and administered by the claims board, but only if properly and timely filed within the applicable provisions of the City Charter or other statutory provisions. (b) Claims handling and adjustment services will be used as required and determined by the risk manager subject to supervi- sion by the claims board. (c) The risk manager shall have authority to settle claims as required or necessary up to a dollar amount not to exceed one thousand dollars ($1,000.00) per claim, with approval of the at- torney for the city and the city manager.(Ord. No.992,Art. III, § 4, 11-8-88) Supp.No.22 172.16 §2-171 ADMINISTRATION §2-172 Sec. 2-171. General management responsibilities; other city appointment. In order to maximize the effectiveness of the city's risk man- agement program, cooperation between the risk manager and department heads and employees at all levels of management of the city is needed, required and ordered in order to prevent, control and reduce losses and claims. (Ord. No. 992, Art. III, § 5, 11-8-88) Sec. 2-172. Compensation and health claims. (a) The risk manager shall have authority to pay routine weekly workers compensation benefits,medical bills and servicing charges by professionals hired by the city to administer or help adminis- ter the workers compensation claims. The risk manager shall have authority to pay routine medical cost under the city health care program along with servicing charges by professionals hired by the city to administer or help administer the health claim program. (b) The risk manager shall have authority to pay lump sum workers compensation claims up to ten thousand dollars($10,000.00) �--' when supported by medical reports and providing such claim payments are approved by the city manager and attorney for the city.For all other worker compensation claims,the risk manager shall secure approval of the risk management claims board.(Ord. No. 992, Art. IV, 11-8-88) Supp.No.22 172.17 § 14-66 TRAFFIC § 14-66 Addition, Block 6, Lot 1, southeast corner) and inter- section with West Mills for westbound traffic. (6) South Euless Elementary School Zone: a. On Euless South Main Street between signs posted at or near the property lines of 506 South Main Street (Huitt Survey, Abstract 684, Tract 2D2, southeast cor- ner)for southbound traffic, and approximately one hun- dred (100) feet south of intersection with Landover Lane (Southland Addition, Block 1, Lot 1, northwest corner)for northbound traffic. b. On Hollywood Street from signs posted at or near property line of 701 Henslee Drive (Cedar Hills Es- tate,Block 8,Lot 1,northeast corner)and intersection with Euless South Main Street for eastbound traffic. (7) Trinity High School Zone: a. On Trojan Trail between signs posted at or near the property line of First Baptist Church of Euless (J. P. Halford Survey, Abstract 711, Tract 7A6, northwest corner)for eastbound traffic, and Trinity High School grounds (J. P. Halford Survey, Abstract 711, Tract 7A1A1, south property line)for westbound traffic. b. On West Midway Drive between signs posted at or near property lines of Trinity High School grounds(J. P. Halford Survey, Abstract 711, Tract 7A1A1, north- west corner)for eastbound traffic, and 600 Rusk Drive (Midway Park Addition,Block 1,Lot 1,south property line)for westbound traffic. (8) Wilshire Elementary School Zone: a. On Signet Drive between signs posted at or near the property lines of Wilshire Elementary School grounds (Wilshire Village Addition, Block 12, excluding Lots 1-6, southeast corner) for westbound traffic, and 1707 Signet Drive(Wilshire Village Addition,Block 11,Lot 23, northwest corner)for westbound traffic. b. On Kynette Drive between signs posted at or near the property lines of Wilshire Elementary School grounds (Wilshire Village Addition, Block 12, except Lots 1-6, Supp.No.22 1022.9 § 14-66 EULESS CODE § 14-66 northwest corner)for eastbound traffic,and 1602 Kynette Drive (Wilshire Village Addition, Block 3, Lot 10R, northeast corner)for westbound traffic. c. On Westpark Way from the 600 block through the 700 block. Sixty (60) feet north of the southern property line of Lot Four Parkview Addition to the northern property line of Lot Six Block 1, Park Hill Addition. (9) Bearcreek Elementary School Zone: a. On Glade Road eastbound from the 600 block through the 500 block. Five hundred (500) feet west of the intersection of Glade Road and Baze Road through one hundred fifty(150)feet east of the intersection of Glade Road and Baze Road; b. On Baze Road from the 2400 block through the 3000 block. From Lot 13, Block 5 Bearcreek Est. through TR 1 B 2, 5.212 acres B Harrington survey A 808 east boundary; c. On Bearcreek Drive from the 200 block through the 2300 block. From Lot 3,Block 1 Bearcreek Est.through Lot 7, Block 6 Bearcreek Est.; and d. On Euless North Main Street from the 2400 block through the 2500 block. From Lot 3, Block E McCor- mick Farm Est. through Lot 3, Block A McCormick Farm Est. (Ord. No. 129, § 1, 5-24-60; Ord. No. 421, § 1, 3-14-72; Ord. No. 534, § 1, 12-13-77; Ord. No. 542, § 1, 4-11-78; Ord. No. 551, § 1, 7-25-78; Ord. No. 555, § 1, 9-26-78; Ord. No. 562, § 1, 2-27-79; Ord. No. 600, § 1, 10-23-79; Ord. No. 601, § 1, 10-23-79; Ord. No. 604, § 1, 12-11-79; Ord. No. 609, § 1, 1-8-80; Ord. No. 783, §§ 1,2, 3-27-84; Ord. No. 963, § 1, 4-26-88; Ord. No. 981, § 1, 8-23-88; Ord. No. 989, § 1, 10-25-88) Editor's note-A portion of§ 1 of Ord.No.534,adopted Dec. 13, 1977,desig- nated as amendatory of§14-65,has been codified as being amendatory of§ 14-66 for purposes of classification.Ord.No.542, § 1,adopted April 11, 1978;Ord.No. 551, § 1, adopted July 25, 1978; Ord. No. 555, § 1, adopted Sept. 26, 1978; and Ord. No. 562, § 1, adopted Feb. 27, 1979; did not specifically amend the Code, hence their codification as being amendatory of § 14-66 was at the editor's discretion. Supp.No.22 1022.10 § 14-67 TRAFFIC § 14-68 Sec. 14-67. Drive on right side of roadway. Upon all roadways, the driver of a vehicle shall drive upon the right half of the roadway, except as follows: (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement; (2) When the right half of a roadway is closed to traffic while under construction or repair; (3) Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or (4) Upon a roadway designated and signposted for one-way traffic. (Ord. No. 116, § 23, 8-11-59) Sec. 14-68. Driving on roadways laned for traffic. Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic,the following rules in addition to all others consistent herewith shall apply: Supp.No.22 1022.11 §16-22 WATER AND SEWERS § 16-23 (2) Any single-family occupant of a multi-family residen- tial unit, which multi-family residential unit shall be as defined by the Euless Zoning Code,who has made a water service security deposit and whose water ser- vice account is in the name of such single-family occu- pant and who meets the criteria established above for timely payment of their account without delinquency for the immediately preceding five-year period may make application to the Water Department of the city for refund of their water service security deposit. Upon such application, the water department of the city shall timely review such request to determine if such applicant meets the criteria herein established and, if so, shall refund to such applicant their water service security deposit. (3) The City of Euless may require any water service customer whose water service security deposit has been previously refunded, as a condition of further water service to such customer, to require such customer to make a water service security deposit in the amount then required for new customers under this Code of Ordinances whenever such customer shall, after ear- lier refund, become delinquent in the timely payment for water services on any two(2)or more billing cycles. In the event such customer shall fail to make such water service security deposit to the city, following written request therefor, within fifteen(15) days from date thereof,which written notice shall be sent to such customer at such customer's billing address by United States Mail, postage prepaid, the City of Euless shall have the authority to terminate water service to such customer. (Ord. No. 795, §§ 3.2(3.2.1), 3.3(3.3.1), 6-12-84; Ord. No. 950, § 1, 10-27-87;Res. No. 87-662, 11-10-87) Sec. 16-23. Schedule of monthly rates. The schedule of monthly rates for water, sewer, abnormal sew- age surcharge, and industrial cost recovery charge shall be ac- cording to the following: Supp.No.22 1165 § 16-23 EULESS CODE § 16-23 Water Services for All Users (a) Within corporate limits, $4.50 plus $1.25 per thousand gallons thereafter. (b) Outside corporate limits, $10.00 per $1.25 per thousand gallons thereafter. Sewer Service—Residential The sewer service charge for residential customers shall be based on ninety (90) per cent of metered water. Sewer service charges on ninety (90) per cent metered water shall not exceed twelve thousand (12,000) gallons per billing period per living unit.The monthly minimum per dwelling unit shall be as follows: (a) Within the corporate limits, four dollars and twenty cents ($4.20)plus one dollar and five cents ($1.05)per one thou- sand (1,000) gallons of ninety (90) per cent of metered water. (b) Outside the corporate limits, eight dollars($8.00)plus one dollar and five cents ($1.05) per one thousand (1,000) gal- lons of ninety(90)per cent of metered water. Sewer Service—Commercial and Industrial Commercial and industrial sewer charges shall be based on one hundred (100) per cent of metered water. The rates are: monthly minimum within city limits—three dollars and twenty cents($3.20) plus one dollar and five cents ($1.05) per one thousand (1,000) gallons; monthly minimum outside city limits—eight dollars($8.00) plus one dollar and five cents ($1.05) per one thousand (1,000) gallons of metered water. The following provisions apply to all commercial and industrial customers: (a) Customers that show proof that a significant portion of metered water does not enter the sanitary sewer shall not be billed for that portion that does not enter sanitary sewer. (b) Monitored group class customers shall be billed according to Section 16-25. (c) Industrial cost recovery group customers shall be billed according to Section 16-25 plus the additional charges in Section 16-26 as required. Supp.No.22 1166 $ 16-23 WATER AND SEWERS § 16-25 The above rates are based on the cost of treated water pur- chased by the city from the Trinity River Authority of Texas equal to eighty-seven cents ($0.87) per thousand gallons (cost of water purchased during 1984-85 fiscal year). As the cost of treated water purchased by the city from the Trinity River Authority of Texas increases from time to time, the charge per thousand gal- lons usage shall be increased by a like amount effective concur- rent with such increased charge to the city.The minimum charge and/or usage charge may be further adjusted by the city council from time to time. (Ord. No. 795, § 3.4(3.4.2)—(3.4.4), 6-12-84; Ord. No. 867, § 2, 11-26-85; Ord. No. 892, § 2, 8-26-86; Ord. No. 983, § 1, 9-27-88) Sec. 16-24. Reconnection of service. Where services have been disconnected for nonpayment, there shall be a five dollar ($5.00) charge for reconnection and five dollar($5.00)additional deposit, and full payment of outstanding bill before reconnection of service. (Ord. No. 795, § 3.3(3.3.5), 6-l 2-84) Sec. 16-25. Monitored group class. (a) The superintendent shall establish a monitored group class,con- sisting of those customers whose wastewater strength is, in his judgement, abnormally high or low, and charges to customers in this class shall be computed in accord with the following five-part rate schedule: Customer monthly service charge $3.20 Volume charge 1.05 per 1,000 gallons BOD. Strength charge 0.0392 per pound of BOD. Suspended solids strength charge . . . . 0.0139 per pound of sus- pended solids. Monitoring charge 100%of total cost to city. (b) The monitoring charge shall consist of all cost for person- nel, material and equipment used to collect and analyze samples from the customer's wastewater to determine the strength of the wastewater produced. The monitored customer's wastewater shall Supp.No.22 1166.1 § 16-25 EULESS CODE § 16-26 be tested a minimum of once per year, but may be tested on a more frequent basis if deemed necessary by the superintendent or if the mentioned customer requests more frequent testing. (c) This schedule shall replace all other charges previously made for industrial waste strength. (Ord. No. 795, § 3.5(3.5.1), 6-12-84) Sec. 16-26. Industrial cost recovery. (a) Construction costs. In providing a waste treatment system which includes the treatment of industrial wastes, either inde- pendently or in conjunction with other wastes, the Euless Water Department shall have the authority to collect from such indus- trial users all or any part of the construction costs of such waste treatment system reasonably attributed to such industrial wastes. The apportionment of such costs shall be equitable as among industrial users, and such costs may be collected by assessment, connection fee,periodic charges, or in other manners or combina- tions thereof as in the judgment of the director of public works is equitable and will assure such industrial cost recovery. Imple- mentation of industrial cost recovery shall be contingent on noti- fication of apportionment and actual billing by the Trinity River Authority and as mandated by state or federal requirements. (b) Industrial user. An industrial user in any nongovernmen- tal user of the city's sanitary sewage system, identified in the Standard Industrial Classification Manual, 1972, Office of Man- agement and Budget, as amended and supplemented, under the following divisions: (1) Division A—Agriculture, forestry and fishing. (2) Division B—Mining. (3) Division D—Manufacturing. (4) Division E—Transportation, communications, electric, gas and sanitary services. (5) Division I—Services. Any industrial user may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences. Supp.No.22 1166.2 CODE COMPARATIVE TABLE Section Ord.No. Date Section this Code 919 1-27-87 9-1-9-5 8-115-8-119 920 2-10-87 1 6-1 927 3-24.87 Div./Sec(s). I A 4-170 B 4-171 II 4-172 III A 4-173 B 4-174 C 4-193 D—G 4-175-4-178 IV A 4-190 B 4-191 C 4-194 ' D 4-196 V A—E 4-210-4-214 VI 4-198 VII 4-192 VIII 4-917 IX 4-195 Section 928 3-24.87 1-10 2.110-2-119 931 5-26-87 1 5-45 2 5-46 932 6- 9-87 1 4-211(4) 934 8-11-87 1 7-25, 7-27-7-29, 7-31 943 9- 8-87 1 4-70 2 4-71 3 4-73,4-74 4(1) 4-81 (2) 4-82 (3) 4-91 (4) 4-90 (5) 4-92 (6)—(8) 4-87-4-89 (9) 4-84,4-85 (10) 4-86 (11) 4-83 5(1) 4-97(a),(b),(d) (2) 4-98(a).(c),(d) (3) 4-102 (4) 4-99 (5) 4-101 (6) 4-103 (7) 4-98(b) (8) 4-97(c) Supp.No.22 1477 EULESS CODE Section Ord.No. Date Section this Code (9) 4-100 (10) 4-104 6(1)—(3) 4-111 (4),(5) 4-112 (6) 4-113 (7),(8) 4-114 7 4-75 10 4-76 950 10-27-87 1 16-22 951 10-27-87 1 14-124 955 11-10-87 Art./Secs. I 3-1 II 3-2 III 3-2 3-3 3-3 3-4 3-4 3-6 3-5 3-7 IV 3-6 3-8 V 3-7-3-17 3-40-3-50 VI 3-18-3-25 3-61-3-68.. 3-26 3-9 3-27 3-5 3-28-3-41 3-10-3-23 3-43 3-24 3-45 3-25 3-46 3-26 Section 956 11-10-87 1 7-75 87-662(Res.) 11-10-87 16-22(e) 963 4-26-88 1 14-66 964 4-26-88 1 7-63 2 7-77 965 4-26-88 1 6-1(21) 966 4-26-88 1 5-6 969 5-24-88 1 10-52 970 5-24-88 1 15-45(a) 978 8-9-88 1 11-46(a) 2-4 11-47-11-49 5 11-46(b) 6-8 11-50-11-52 9 11-46(c) 10 11-53 981 8-23-88 1 14-66(9) 983 9-27-88 1 16-23 989 10-25-88 1 14-66(8)c. Supp.No.22 1478 CODE COMPARATIVE TABLE Section Ord.No. Date Art./Secs. this Code I 1-4 2-142-2-145 II 1 2-156 2 2-157 III 1 2-168 2 2-131 3-5 2-169-2-171 IV 2-172 V 1-3 2-130 Supp.No.22 1479 [The next page is 1481] CODE INDEX CEMETERIES Section Funeral processions.See:Traffic CHICKENS Animals and fowl.See that title CHIEF OF POLICE.See:Police Department CHILDREN.See:Minors CHIMNEYS Air pollution control.See that title CHURCHES Alcoholic beverage establishments Proximity of to churches,schools,etc.See:Alcoholic Beverages Poolroom proximity.See:Poolrooms and Billiard Parlors Prohibited noises enumerated.See:Noises CIGARETTE VENDING MACHINES Coin-operated machines and devices.See that title CIGARETTES Regulation of smoking 8-115 et seq. Smoking,regulation of.See that title CITY Defined 1-3 Liability of city for claims of property damage or personal injury 2-12 CITY CODE.See:Code of Ordinances CITY COUNCIL Civil preparedness Approval of city council required to spend public funds or make contracts 4%-9 Defined 1-3 Municipal courts Duties re.See:Municipal Courts CITY LICENSES.See:Licenses and Permits CITY MANAGER Definitions 1-3 CITY OFFICERS.See:Officers and Employees CITY SECRETARY Definitions 1-3 Sup!).No.22 1504.1 EULESS CODE CIVIL PREPAREDNESS Section Approval of city council required to spend public funds or make contracts 43/4-9 Authority of chapter to supersede other legislation,orders, etc. 43/4-6 Civil preparedness organization, members of 43/4-4 Construction of chapters 43/4-7 Contracts,approval of city council required to make 43/4-9 Coordinator of 43/4-1(b) Appointment by director and/or disaster services council 43/4-1(b),4%-3 Director of 43/4-1(a) Powers and duties 43/4-2 Disaster services council 43/4-3 Liability of city and individuals acting pursuant to provisions of this chapter 43/4-8 Members of civil preparedness organization 43/4-4 Obstruction of prohibited 43/4-11 Oath required 43/4-5 Penalty for violation 43/4-11 Powers and duties of director 43/4-2 Public funds, approval of city council required to spend 43/4-9 Signals, unauthorized use of; penalty for violation 43/4-10 /"".\\ Unauthorized use of signals;penalty for violation 4%-10 CIVIL SERVICE SYSTEM Civil service commission Chairman 2-54 Established 2-53 Definitions 2-52 Employment requisites 2-56 Exemptions from rules,regulations 2-58 Political activity of employees 2-59 Prohibited acts 2-60 Rules, regulations 2-55 Status of present employees 2-57 Title 2-51 Violations,penalty 2-61 CLAIMS Liability of city for claim of property damage or personal injury 2-12 Self-insurance and risk management 2-130 et seq. Officers and employees.See that title CLAIRVOYANTS Vagrancy provisions applicable to.See:Vagrancy Supp.No.22 1504.2 CODE INDEX CODE OF ORDINANCES* Section Catchlines or headings of sections Effect 1-2 Number system explained. See the preface to this volume Definitions 1-3 Designated and cited, how 1-1 General penalty. See hereinbelow: Violations Penalties. See hereinbelow: Violations Rules of construction 1-3 Severability of parts of code 1-5 Supplementation of code 1-4 Violations Continuing 1-6 General penalty _ _ ____ 1-6 Words and phrases 1-3 COIN-OPERATED MACHINES AND DEVICES Licenses Collection, receipt for fees 10-8 Required, fees _ _______________ 10-7 COLLISIONS Traffic accidents. See: Traffic COMBUSTIBLES Fire prevention regulations. See: Fire Prevention COMIC BOOKS Obscene publications. See: Indency and Obscenity COMMERCIAL TRAVELERS Peddlers,canvassers and solicitors.See that title COMMISSIONS AND BOARDS • Generally. See: Departments and Other Agencies of City COMMUNICABLE DISEASES Bathers with at swimming pools. See: Swimming Pools Disease control. See that title CONCESSIONS Park concessions. See: Parks and Recreation *Note—The adoption,amendment,repeal,omission,effective date,explanation of numbering system and other matters pertaining to the use, construction and interpretation of this Code are contained in the adopting ordinance and preface which are to be found in the preliminary pages of this volume. Supp.No.22 1505 EULESS CODE CONGREGATIONS Section Unlawful assemblies. See: Assemblies CONTAGIOUS DISEASES.See: Disease Control CONTRACTS AND AGREEMENTS Civil preparedness Approval of city council required to make contracts.__. 43/4-9 ,-"°*\ Supp.No.22 1506 CODE INDEX GYPSY COMPANIES Section Vagrancy provisions applicable to. See:Vagrancy H HANDCARTS Traffic regulations. See: Traffic HANDICAPPED PERSONS Blind pedestrians.See:Traffic Parking spaces for.See:Traffic HAWKERS,HAWKING,ETC. Peddlers,canvassers and solicitors.See that title Prohibited noises enumerated.See:Noises HEALTH AND SANITATION Abandoned,derelict,lost personal property.See that title Air pollution control.See that title Animal provisions.See:Animals and Fowl Disease control.See that title Dogs and rabies control.See:Animals and Fowl Eating and drinking establishments.See that title Flood damage prevention.See that title Food and food service establishments.See that title Food peddlers health certificates. See: Peddlers, Canvassers and Solicitors Garbage and trash.See that title Grass abatement.See:Weeds and Brush Health certificate for food peddlers. See: Peddlers, Canvass- ers and Solicitors Hospital authority.See that title Itinerant vendors, cleanliness and wholesomeness of vehicles, etc.See:Peddlers,Canvassers and Solicitors Littering.See:Garbage and Trash Massage parlors and massage establishments.See that title Rabies control.See:Animals and Fowl Retail food 8-100 et seq Food and food service establishments.See that title Self-insurance and risk management 2-130 et seq. Officers and employees.See that title Swimming pools.See that title Water and sewers.See that title Weed abatement.See:Weeds and Brush HEAVY DEAD ANIMALS Disposal.See:Garbage and Trash HEDGES.See:Fences,Hedges and Enclosures HIGHWAYS Street defined re 1-3 Streets in general.See:Streets and Sidewalks Supp.No.22 1517 EULESS CODE HOGS Section Livestock at large.See:Animals and Fowl HOMESTEAD EXEMPTION Persons sixty-five years of age or older.See:Taxation HOOTING,SHOUTING AND YELLING Prohibited noises enumerated. See:Noises HORNS Prohibited noises enumerated. See: Noises HORSE RACING • Bookmaking. See that title HORSES Running at large, staking out. See: Animals and Fowl HOSPITAL AUTHORITY Corporate and body politic -____ 8-2 Created ______ 8-1 Directors 8-4 Name of — — -- 8-3 Poolroom proximity. See: Poolrooms and Billiard Par- lors Powers 8-5 Territory embraced ________—_______ 8-1 HOSPITALS Alcoholic beverage establishments Proximity of to hospitals, schools, etc. See: Alco- holic Beverages Prohibited noises enumerated. See: Noises HOTELS Hotel (motel and other transient lodging) occupancy tax. See: Taxation HOUSE MOVING Moving building requirements. See: Buildings HOUSE-TO-HOUSE SALESMEN Peddlers,canvassers and solicitors. See that title HOUSING Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code HURST-EULESS-BEDFORD HOSPITAL AUTHORITY. See: Hospital Authority Supp.No.22 1518 CODE INDEX HYDROPHOBIA Section Rabies control.See:Animals and Fowl I IDLE PERSONS Vagrancy provisions applicable to.See:Vagrancy IMPOUNDMENT Vehicles.See:Traffic INDEBTEDNESS OF CITY Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code INDECENCY AND OBSCENITY Obscene publications Certain crime publications prohibited 11-32 Definitions 11-30 Minors,displaying to 11-15 Presumption from displaying 11-34 Prohibited 11-31 Scope of provisions 11-33 Violations,penalties 11-35 Swimming pools,indecent exposure at 11-4 Vagrancy provisions applicable to.See:Vagrancy INDUSTRIAL WASTES.See:Water and Sewers INFECTIOUS DISEASES.See:Disease Control INFLAMMABLES Fire prevention regulations.See:Fire Prevention INJURY Liability of city for claims of property damage or personal injury 2-12 INOCULATION Dogs,rabies control.See:Animals and Fowl INOPERATIVE VEHICLES Disposal.See:Abandoned,Derelict,Lost Personal Property INSECT CONTROL Pest control operators.See that title INSURANCE Officers and employees,liability plan 2-110 et seq. Officers and employees.See that title Self-insurance and risk management 2-130 et seq. Officers and employees.See that title Supp.No.22 1519 EULESS CODE INTERSTATE COMMERCE Section Peddlers provisions.See:Peddlers,Canvassers and Solicitors ITINERANT SALESMEN Peddlers,canvassers and solicitors.See that title J JOINT OWNER Owner defined re 1-3 JUDGES Municipal court judges.See:Municipal Court JUKEBOXES Coin-operated machines and devices.See that title JUNK Abandoned,derelict,lost personal property.See that title JUNKED VEHICLES Abandoned,derelict,lost personal property.See that title JURISDICTION Air pollution provisions.See:Air Pollution Control JUVENILES.See:Minors L 0""'`•\ LAND Owner defined re 1-3 LANED ROADWAYS Traffic regulations.See:Traffic LAW ENFORCEMENT.See:Police Department LAWNS Park lawn,destruction.See:Parks and Recreation LAWS OF CITY Code of ordinances.See that title LIABILITY Liability of city for claims of property damage or personal injury 2-12 Officers and employees,liability plan 2-110 et seq. Officers and employees.See that title LIBRARIES Board Created,membership 12-31 Functions 12-32 Organization 12-32 Department,director • 12.30 Fees,expense charges and fines for use of facilities and materials. 12-34 Willful damage or injury to library materials 12-33 Supp.No.22 1520 CODE INDEX NATURAL DISASTERS Section Civil preparedness.See that title NIGHTWATCHMEN Private detectives and special officers. See that title NOISE Barking dogs.See: Animals and Fowl Enumeration of unnecessary, unlawful noises 11-11 Generally —_ 11-10 Mufflers on vehicles.See: Traffic Swimming pools,at. See: Swimming Pools NUMBER Word usage for interpreting code 1-3 NUISANCES Accumulations of trash. See:Garbage and Trash Air pollution control. See that title Fierce, etc., dogs. See: Animals and Fowl Garbage and trash. See that title Junked motor vehicles. See: Abandoned, Derelict, Lost Personal Property Weeds and brush.See that title 0 OATH,AFFIRMATION,SWEAR OR SWORN Definitions for interpreting code 1-3 OBLIGATIONS OF CITY Ordinances saved from repeal, other provisions not included herein. See the preliminary pages' and the adopting ordinance of this code OBSCENITY. See: Indecency and Obscenity OBSTRUCTIONS Fences and obstructions 4-132 et seq. Fences,walls,hedges and enclosures.See that title OCCASIONAL OR GARAGE SALES Advertising 10-53 Definitions 10-50 Locations and conditions of conducting ___ -- 10-51 Penalties _____________________— ___ 10-54 Permit Required, fee 10-52 Registration 10-52 OCCUPATIONS Licenses and permits. See that title Supp.No.22 1525 EULESS CODE OFFENSES Section Fines,forfeitures and penalties.See that title General penalty for violations of code. See: Code of Ordinances Miscellaneous offenses and provisions 11-1 et seq. Specific penalties,regulations.See specific subjects Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code OFFICERS AND EMPLOYEES Air pollution control director. See: Air Pollution Control Animal warden. See: Animals and Fowl Civil preparedness. See that title Civil service system. See that title Compensation,salaries, etc. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Coordinator of civil preparedness Civil preparedness. See that title County judge. See that title Definitions and rules of construction 1-3 Departments and other agencies of city. See that title Director of civil preparedness Civil preparedness. See that title Fire department. See that title Fire marshal. See that title Fire prevention officer. See: Fire Prevention Hospital authority. See that title Liability plan Cause of action,not creating 2-119 Coverage 2-111 Determination of 2-118 Limits 2-113 Defense 2-112 Definitions 2-110 Determination of coverage 2-118 Exclusions 2-115 Legal representation 2-117 Limits of coverage 2-113 No creation of cause of action 2-119 Period of plan 2-114 Subrogation 2-116 Library director. See: Libraries Mayor. See that title Supp.No.22 1526 CODE INDEX OFFICERS AND EMPLOYEES—Cont'd. Section Personnel policies,etc. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Public works director.See:Flood Damage Prevention Self-insurance and risk management Miscellaneous provisions Cumulative effect 2-130 Risk retention .. . . . . .. .e 2-131 Payments for covered program risks,limitations,conditions Covered program risks 2-156 Expenses of the program 2-157 Risk manager Claims 2-170 Compensation and health claims 2-172 Duties 2-168 General management responsibilities 2-171 Management 2-170 Other city appointment 2-171 Purchase of insurance 2-169 Reporting 2-170 Settlement 2-170 Self-insurance and risk management program Administration 2-142 Creation 2-142 Risk management fund Created 2-143 Funding of 2-144 Payments from 2-145 Purpose 2-143 OFFICIAL TIME STANDARD.See:Time ONE-WAY STREETS Designation and use See:Traffic ORDINANCES.See:Code of Ordinances OUTDOOR ADVERTISING Signs and billboards.See that title OVERGROWTH.See:Weeds and Brush OVERPASSES Traffic regulations.See:Traffic OWNER Defined 1-3 Supp.No.22 1527 EULESS CODE s+� p Section PALMISTRY Vagrancy provisions applicable to.See:Vagrancy PARADES Permits.See:Traffic PARKING Generally.See:Traffic Parks,in.See:Parks and Recreation PARKING AREAS Street defined re 1-3 Streets in general.See:Streets and Sidewalks PARKS,PLAYGROUNDS AND RECREATION Alcoholic beverages prohibited 12-12 Animals Teasing,injuring,killing 12-9 Building,constructing 12-6 Camping and activities Permits 12-2(a) Concessions 12-11 Definitions 12-1 "0.."*\ Hours and seasons of use for parks and playgrounds 12-2(b) Lawns,grass,sidewalks,etc. Multilating or destroying property,etc 12-8 Parking vehicles on 12-3 Library.See that title Merchandise sale restricted 12-5 Parking of vehicles 12-3 Permits Activities and camping 12-2(a) Using parks, playgrounds, etc., at times other than estab- lished hours and seasons 12-2(b) Property Removing,multilating,etc. Generally 12-7 Trees,shrubs,fences,etc. 12-8 Reward for conviction of persons damaging 2-11 Reward for conviction of persons damaging property 2-11 Roadways and paths Use of 12-4 Structures,erecting 12-6 Subdivision sites.See:Subdivisions Swimming pools Fees,hours of operation,general policy 12-10 Trees,shrubs,fences,etc. Removing,breaking, multilating 12-8 Supp.No.22 1528 CODE INDEX PARKS,PLAYGROUNDS AND RECREATION—Coned. Section Use of parks,playgrounds,etc. Generally 12-2(a) Permits for activities and camping 12-2(a) Vehicles Parking 12-3 Use of roadways and paths 12-4 Violations, penalties 12-12 PART OWNER Owner defined re 1-3 PARTNERSHIPS Person defined re 1-3 PATROL SECURITY SERVICES. See: Private Detectives and Private Patrol Security Services PAWNBROKERS AND PRECIOUS METAL DEALERS Bonds _--__—____ 10-81 Business hours ________________ 10-85 Damages, recourse 10-92 Definitions _ _ 10-80 Minors, transacting business with ___ -- 10-91 Pawn tickets 10-86 Pawn transactions,report to police 10-88 Pledges,regulations 10-93 Precious metals dealers(dealers in gold,silver,platinum,jewel- ry,etc.) Retention of certain crafted precious metals 10-94 Record books, contents ----- --------- 10-87 Alteration -- 10-90 Records and reports —__------------------ 10-87 Report of sales _ 10-89 Sales at auction Notice —___ — 10-83 Required,when___—_----- - --------- 10-82 Time of — 10-84 Yearly bond —- --- — -— -- - 10-81 PEACE OFFICERS.See: Police Department PEDDLERS,CANVASSERS AND SOLICITORS Food peddlers Health certificate ____—__ -- — 10-65 Itinerant vendors Business hours ________—_— 10-71 Cleanliness,wholesomeness of vehicles,products,etc. Generally 10-67 Misrepresentations ________— _-----_—_--- 10-67 Supp.No.22 1528.1 EULESS CODE PEDDLERS,CANVASSERS AND SOLICITORS—Cont'd. Section Definitions —_ --___ 10-60 Exemptions Commercial travelers, judicial sales 10-68 Interstate commerce, registration 10-69 Health certificate for food peddlers 10-65 Hours of operation --__ 10-71 Invitation to enter premises ____.__— 10-70 Licenses Applications -__--_---_---____ — 10-63 Bonds �__ 10-64 Fees -- — — -- ---- -- 10-66 Health certificate for food peddlers 10-66 Required -- —- - 10-62 Terms, duration ___—___ 10-66 Misrepresentations ____ ____ 10-67 Purpose of provisions _-___—_—____ —_ _ 10-61 Registration, when _______________ 10-69 Violations, penalties __—_ —_— _ 10-72 Merchandise sales in parks. See: Parks and Recreation Prohibited noises enumerated. See: Noises PEDESTRIANS �..� Traffic in general. See: Traffic PELLET GUNS Definitions. See: Firearms and Weapons PENALTIES. See: Fines, Forfeitures and Penalties PERMITS. See: Licenses and Permits PERSON Defined - —- 1-3 PERSONAL INJURY Liability of city for claims of property damage or personal injury 2-12 Self-insurance and risk management 2-130 et seq. Officers and employees.See that title PERSONNEL OF CITY. See: Officers and Employees PEST CONTROL OPERATORS Definitions _ 10-100 Exemptions ____—____—__—_ 10-104 Licenses Applications _— ____ 10-102 Bond requirements _____ —_ 10-102 Definitions __________ 10-100 Exemptions 10-104 Supp.No.22 1528.2 CODE INDEX PEST CONTROL OPERATORS—Cont'd. Section Expiration and renewal 10-103 Fees __ 10-103 Insurance _______—___—,_ 10-102 Issuance 10-103 Required______________________ 10-101 Revocation or suspension Appeals 10-106 Authorization, grounds 10-105 Transferability 10-103 Supp.No.22 1528.3