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CHAPTER 1 TABLE OF CONTENTS

GENERAL PROVISIONS

Article 1.100: Code of Ordinances 1- 2

Article 1.200: Sales Tax 1- 6

Article 1.300: Street Rental Charges 1- 8

Article 1.400: Fiscal Year 1- 9

Article 1.500: Official Newspaper 1- 10

Article 1.600: Form of Government 1- 10

Article 1.700: Elections 1-11

Article 1.800: Annual Budget 1-13

Article 1.900: Audit 1-14

Article 1.1000: Property Taxes 1-14

Article 1.1100: Records Management 1-15

Article 1.1200: Misdemeanors Under State Law 1-21

Article 1.1300: Public Intoxication 1-22

Article 1.1400: City Liability; Procedures 1-22

Article 1.1500: Weapons and Firearms 1-24

Article 1.1600: Devers Creek Park 1-25

Article 1.1700: Hotel Occupancy Tax 1-25

Article 1.1800: Annexation 1-31

Article 1.1900: Volunteer Fire Department 1-32

Article 1.2000: Emergency Medical Services 1-33

Article 1.2100: Juvenile Curfew 1-37

Article 1.2200 Tax Abatement in Reinvestment Zones 1-42

Article 1.2300 Municipal Court Technology Fund 1-46

Article 1.2400 Prohibiting Unreasonable Noise 1-48

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ARTICLE 1.100 CODE OF ORDINANCES*

Sec. 1.101: How Code Designated and Cited.

The ordinances embraced in this and the following chapters shall constitute and be designated as

the Code of Ordinances of the City of Ganado, Texas, and may be so cited.

Sec. 1.102: Catchlines of Articles, Section and Subsections.

The catchlines of the several sections of this Code are printed in boldface type are intended as mere

catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of

such sections, nor as any part of the section, unless expressly so provided, shall they be so deemed

when any such sections, including the catchlines are amended or reenacted.

Sec. 1.103: Definitions and Rules of Construction.

In the construction of this Code, and of all ordinances and resolutions passed by the city

commission, the following rules shall be observed, unless such construction would be inconsistent

with the manifest intent of the city commission:

CHAPTER.

Whenever the words "this ordinance", "section", "sub-section", "paragraph", or "article" are used,

they shall pertain to the chapter or section of this Code of Ordinances in which they are found

unless specifically and clearly in reference to a separate chapter or section.

CITY.

The words "the city", "town", or "this city", shall mean the City of Ganado, in the County of

Jackson, and State of Texas.

CITY COUNCIL.

Whenever the words, "City Council", "City Commission", "Town Council", or "the Council",

"Board of Commissioners", or "governing body" are used, they shall mean the City Council of the

City of Ganado,

COUNTY. The term "county" or "this county" shall mean the County of Jackson, Texas.

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MALES AND FEMALES.

Throughout this Code, words used expressing masculine gender shall be construed to include the

feminine.

COMPUTATION OF TIME.

In computing any period of time mentioned in the provisions of this Code, the day of the act, event

or default after which the designated period of time beings to run is not to be included, and the last

day of the period so computed is to be included, unless it is a Sunday or a legal holiday, in which

event the period runs until the end of the next day which is neither a Sunday nor a holiday.

* State law reference-Authority of city to codify civil and criminal ordinances, V.T.C.A., Local Government Code, Sec. 53.001 et seq.

DELEGATION OF AUTHORITY.

Whenever a provision of this Code requires or authorizes an officer of employee of the city to do

some act or perform some duty, it shall be construed to authorize the officer or employee to

designate, delegate and authorize subordinates to perform the act or duty unless the terms of the

provision specifically provide otherwise.

HIGHWAY.

The word "highway" shall mean the entire width between the boundary lines of every way publicly

maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

MONTH. The word "month" shall mean a calendar month.

NUMBER.

Any word importing the singular number shall include the plural and any word importing the plural

number shall include the singular.

OATH. The word "oath" includes affirmation.

OFFICIAL TIME STANDARD.

Whenever certain hours are named herein they shall mean standard time or daylight saving time as

may be in current use in the city.

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OWNER.

The word "owner", applied to a building or land, shall include any part owner, joint owner, tenant in

common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of

such building or land.

PERSON.

The word "person" includes corporation, organization, government or governmental subdivision or

agency, business trust, estate, trust, partnership, association and any other legal entity.

PRECEDING, FOLLOWING.

The words "preceding" and "following" mean next before and next after, respectively.

SHALL, MAY. The word "shall" is mandatory; the word "may" is permissive.

SIDEWALK.

The word "sidewalk" shall mean that portion of a street between the curblines, or the lateral lines of

a roadway, and the adjacent property lines, intended for the use of pedestrians.

SIGNATURE, SUBSCRIPTION, SIGNED.

The word "signature", "subscription", or "signed" includes any symbol executed or adopted by a

person with present intention to authenticate a writing.

STATE. The words "the state" or "this state" shall be construed to mean the State of Texas.

STREET.

The word "street" shall mean the entire width between the boundary line of every way publicly

maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.

TENSE. Words used in the past or present tense include the future as well as the past and present.

VERNON'S ANN. C.C.P.

The designation "Vernon's Ann. C.C.P." means Vernon's Annotated Code of Criminal Procedure,

as amended.

V.A.C.S. The designation "V.A.C.S." means Vernon's Annotated Civil Statutes, as amended.

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V.T.C.A. The designation "V.T.C.A." means Vernon's Texas Codes Annotated, as amended.

WRITTEN or IN WRITING.

The words "written" or "in writing" shall be construed to include any representation of words,

letters, symbols, or figures, whether by printing or otherwise.

YEAR. The word "year" means twelve (12) consecutive months.

Sec. 1.104: Amendments or Additions to Code. All ordinances passed subsequent to the adoption

of this Code, which amend, repeal or in any way affect this Code, may be numbered in accordance

with the numbering system of this Code and printed for inclusion therein. When subsequent

ordinances repeal any chapter, section or subsection, or any portion thereof, such repealed portions

may be excluded from the Code by omission from reprinted pages. The subsequent ordinances as

numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such

subsequent ordinances until such time that this Code and subsequent ordinances numbered or

omitted are readopted as a new Code by the City Council.

Amendments to any of the provisions of this Code shall be made by amending such provisions by

specific reference to the section number of this Code in the following language:

"That chapter ____, section ____, of the Code of Ordinances, City of Ganado,

Texas, is hereby amended to read as follows ..."

The new provisions shall then be set out in full as desired.

In the event of a new section not heretofore existing in the Code is to be added, the

following language shall be used:

"That chapter of the Code of Ordinances, City of Ganado, Texas, is hereby

amended by adding a section, to be numbered section , which said section shall

read as follows..."

The new section shall then be set out in full as desired. It is hereby provided, however, that any

subsequent ordinance which fails to amend this Code in the manner provided for above, shall not be

deemed invalid as a result of such failure to follow the procedure outlined in this section.

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Sec. 1.105: General Penalty for Violations of Code.

Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to

be unlawful or an offense or a misdemeanor, or wherever in such Code or ordinance the doing of an

act is required or the failure to do any act is declared to be unlawful, and no specific penalty is

provided therefor, the violation of any such provision of this Code or any such ordinance shall be

punished by a fine of not exceeding two hundred dollars ($200.00); provided, however, that no

penalty shall be greater or less than the penalty provided for the same or similar offense under the

laws of the state. Each day any violation of this Code or of any ordinance shall continue shall

constitute a separate offense.

State law reference - Amount of fine or penalty imposed by city, V.T.C.A., Local Government Code, Sec. 54.001;

jurisdiction of municipal court, V.T.C.A., Government Code, Sec. 29.003.

Sec. 1.106: Severability of Parts of Code.

It is hereby declared to be the intention of the city commission that the sections, paragraphs,

sentences, clauses, and phrases of this Code are severable and, if any phrase, clause, sentence,

paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree

of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining

phrases, clauses, sentences, paragraphs, and sections of this Code, since the same would have been

enacted by the city commission without the incorporation in this Code of any unconstitutional

phrase, clause, sentence, paragraph, or section.

State law reference- Severability of statutes, V.T.C.A. Government Code, Sec. 311.032, 312.013.

ARTICLE 1.200 SALES TAX

Sec. 1.201: Sales Tax Adopted.

A local sales tax of one (1) percent has been duly adopted by the voters of the City of Ganado,

Texas, at an election held on March 7, 1969, and the provisions of the Local Sales and Use Tax

Act, are applicable within the city.

(Provision for inclusion of Sections 1.101-1.201 of Chapter 1, provided for in Ordinance adopting

Code)

Sec. 1.202: Sales Tax Retained on Residential Gas and Electricity.

The City of Ganado, by majority vote of the members of its governing body, hereby votes to

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continue the taxes authorized by the Local Sales and Use Tax Act (Article 1066c, Vernon's Texas

Civil Statutes) on the receipts from the sale, production, distribution, lease or rental of, and use,

storage or other consumption of gas and electricity for residential use, effective October 1, 1979, as

authorized by Section 6 of House Bill No. 1, Acts 1978, 65th Legislature, Second Called Session.

(Ordinance of January 2, 1979)

Sec. 1.203: Sales Tax on Telecommunications Services.

(A) A tax is hereby authorized on all telecommunications services sold within the City

of Ganado, Texas. For purposes of this subsection, the sale of telecommunications

services is consummated at the location of the telephone or other

telecommunications device from which the call or other communication originates.

If the point of origin cannot be determined, the sale is consummated at the address

to which the call or other communication is billed.

(B) The rate of tax imposed by this subsection shall be the same as the rate imposed by

the City of Ganado, Texas, for all other local sales and use taxes as authorized by

the legislature of the State of Texas.

(C) The city secretary shall forward to the comptroller of the State of Texas by United

States Registered or Certified Mail a copy of this subsection along with a copy of

the minutes of the city commission's vote and discussion on this subsection.

(D) This subsection shall become effective as of October 1, 1987.

(Ordinance No. 149 of June 2, 1987)

Sec. 1.204: Additional 1/2 cents Sales and Use Tax Within City Limits; Creation of

Development Corporation; Collected by State Comptroller.

That an additional 1/2 cent Sales and Use Tax be implemented and collected within the City Limits

for the following purposes:

(A) To be used for streets, roads, drainage and related improvements, facilities for

furnishing water to the General Public, sewer and waste water distribution and

treatment, downtown renovations and Main (Third) Street development.

(B) There is created a Development Corporation to dispense and appropriate the

revenue of the 1/2 cent Sales and Use Tax.

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(C) The collection of this additional 1/2 cent Sales and Use Tax is to be collected by the

State Comptroller of the State of Texas beginning April 1, 1996 and distributed to

the City of Ganado Development Corporation.

(Ordinance No. 258 of January 2, 1996)

Editor's Note: The adoption of this ordinance is authorized by Sec. 4b of Art. 5190.6, V.T.C.S., as amended (The

Development Corporation Act of 1979).

ARTICLE 1.300 STREET RENTAL CHARGES

Sec. 1.301: Authorization and Amount Specified.

On or before the first day of January of each year, every person occupying or using the streets,

highways, easements, parkways, alleys or other public places in the city for gas mains, pipes, poles

and other fixtures for the distribution of gas, electricity, telephone service or other utility shall, as a

condition to such further occupancy, pay monthly, quarterly, semiannually or annually as per

contract with city, to the city for such privilege, a rental equal to two (2) percent of the gross

receipts received by such person from gas, electricity, telephone service or other utilities sold and

delivered to residential and commercial consumers at residential and commercial rates within the

corporate limits of the city for the preceding calendar year, month, quarter or six (6) months.

(Ordinance of April 10, 1979)

Sec. 1.302: Reporting of Gross Receipts.

All persons using or maintaining any pipes, poles, or other fixtures in any of the streets, highways,

park-ways, easements, alleys, or other places within the corporate limits of the city shall file with

the city secretary a sworn report showing the gross receipts from utilities and services sold and

delivered to residential and commercial consumers at residential and commercial rates by such

person within the corporate limits of the city for the period preceding the date of payment of the

rental equal to minimum of two percent (2%) of the gross receipts as prescribed in the contract with

city.

(Ordinance No. 107 of June 2, 1981)

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Sec. 1.303: Examination of Records.

The city commission may call, when it may see fit, to have the books and records of any person

rendering the statement required in subsection B of this section examined by a representative of the

city to ascertain whether such statement is accurate, but nothing in this section shall be construed to

prevent the city from ascertaining the facts by any other method.

Sec. 1.304: Receipts for Payment. Upon receipt of the rental charges imposed by this section by

the city, the city secretary shall deliver to the person paying the same, a receipt therefor, which

receipt shall authorize such person to use and occupy the streets, highways, easements, alleys,

parks, and other public ways of the city in the prescribed manner in carrying on his business for the

next period as prescribed in contract with the city.

Sec. 1.305: Charges Not Considered Taxes.

The rental charge imposed by this section is not charged as a tax, but is levied for the privilege now

enjoyed by the person upon whom it is imposed for the use of the streets, easements, alleys, and

other public ways of the city in the conduct of their business. Such charge shall be in addition to all

ad valorem and franchise taxes and to all taxes of every nature whatsoever against such person.

Sec. 1.306: Compliance with Other Laws and Ordinances.

Nothing contained in this section is intended to relieve any person of any condition, restriction, or

requirement imposed by any other law or ordinance of the city.

Sec. 1.307: Franchise Not Granted.

This section does not grant a franchise to any utility or person to use any street, easement, alley, or

other public way, and shall never be so construed by the courts or otherwise, and the city reserves

the right to cancel the privileges granted hereunder and refund the unearned rental paid to the city.

(Ordinance of April 10, 1979)

ARTICLE 1.400 FISCAL YEAR

The fiscal year of the city is hereby designated as beginning with the first day of October of each

year and ending the last day of September next ensuing thereafter.

(Ordinance No. 212 of November 7, 1991)

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ARTICLE 1.500 OFFICIAL NEWSPAPER

The Jackson County Herald/Tribune, a weekly newspaper published in Edna, Texas, is hereby

declared the official newspaper for required publications by the city.

(Resolution of April 7, 1992)

ARTICLE 1.600 FORM OF GOVERNMENT

(A) Pursuant to the results of a special election, held on November 5, 1991, it is hereby

recognized that the form of government under which the City of Ganado shall

operate hereafter is the Type A form of government.

(B) All ordinances previously passed by the governing body of the City of Ganado

operating under the Type C form of government are hereby adopted, ratified and

confirmed in all respects.

(C) The Code Book of Ordinances of the City of Ganado is hereby adopted, ratified and

confirmed in all respects.

(D) All appointments of city officers and officials as previously made by the governing

body of the City of Ganado as previously operating under the Type C form of

government are hereby adopted, ratified and confirmed in all respects.

(Ordinance No. 212 of November 7, 1991)

Sec. 1.601: City Council

(A) All references contained in any ordinance, resolution or other document regarding

the governing body of the City of Ganado shall hereafter be referred to as the City

Council.

(B) All references contained in any ordinance, resolution or other document regarding

the governing body members and/or Aldermen of the City of Ganado shall hereafter

be referred to as council members and/or Councilmen.

(Ordinance No. 212 of February 11, 1992)

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Sec. 1.602: Election System

(A) The Mayor and all council members of the City of Ganado shall hereafter be elected

on an at large basis, there being no wards or precincts within the municipality of the

City of Ganado, Texas, with the council members terms to be staggered, two (2) to

be elected in even numbered years and three (3) to be elected in odd numbered

years.

(1) In even numbered years, the position of Mayor shall be up for election, the

Mayor to be elected on an at large basis by a plurality of votes for a two (2)

year term.

(2) In even numbered years, two (2) positions for council members shall be up

for election, said positions to be unnumbered elected on an at large basis and

by a plurality of votes for a two (2) year term.

(3) In odd numbered years, three (3) positions for council members shall be up

for election, said positions to be unnumbered, elected on an at large basis

and by a plurality of votes for two (2) year terms.

(B) At the initial election held on May 2, 1992 the following candidates were elected

and shall serve out the following respective terms:

Place Name Term

Mayor Dana J. Parks 2 years

Council Member Fred Rickaway 2 years

Council Member Victor R. Martinez 2 years

Council Member Mike Konarik 1 year

Council Member Billy Hahn 1 year

Council Member Jon Pape 1 year

(Ordinance No. 219 of November 12, 1992)

ARTICLE 1.700 ELECTIONS

Sec. 1.701: That all independent candidates at the election to be held on the first Saturday in

May, 1998 for the above mentioned offices, file their application to become candidates with the

City Secretary at City Hall, 112 E. Putnam, Ganado, Texas, on or before the forty-fifth (45th) day

before the election, and that all of said applications shall be on a form as prescribed by Section(s)

141.031, 143.004, and 143.006 of the Election Code of the State of Texas.

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The order in which the names of the candidates are to be printed on the ballot shall

be determined by a drawing conducted by the City Secretary as provided by Section 52.094 of the

Election Code.

Sec. 1.702: This City has one election precinct, and said election shall be held at the following

place in said City:

1. In election Precinct "5A" which includes

all of the City of Ganado at the Ganado

High School Media Center located at 312 W. Rogers.

Sec. 1.703: The City Secretary is hereby authorized and instructed to provide and furnish all

necessary election supplies to conduct said election. Voting at such election shall be upon paper

ballots prepared in conformity to the Texas Election Code.

Sec. 1.704: The following persons are hereby appointed officers for said election.

For the single City Precinct "5A", Billy Henry will serve as Presiding Judge and

Carol Fowler will serve as Alternate Presiding Judge, and the clerks of the election will be

appointed by the Presiding Judge in a number not to exceed four (04) clerks.

Sec. 1.705: The polls at the above designated polling place shall be open on election day from

7:00 a.m. to 7:00 p.m.

Sec. 1.706: City Secretary Larry Thompson Martin is hereby appointed Clerk for absentee

voting. The absentee voting for the above designated election shall be at the City Hall, 112 E.

Putnam, Ganado, Texas, and said place of absentee voting shall remain open at the absentee polling

place on the weekdays of the absentee voting period and during the hours that the City Secretary's

main business office is regularly open for business. The address to which ballot applications and

ballots voted by mail is Post Office Box 264, Ganado, Texas 77962.

Absentee voting, both by personal appearance and by mail shall be by paper ballots

and shall be canvassed by an Absentee Ballot Board and Georgie Kruse shall serve as Presiding

Judge, who will name the clerks of the Absentee Ballot Board, and are hereby appointed the

Absentee Ballot Board for said election.

Sec. 1.707: Said election shall be held in accordance with the Election Code of this State and

only qualified voters of said City shall be eligible to vote at said election.

Sec. 1.708: The Mayor shall give notice of this election in accordance with the terms and

provisions of the Election Code, and all necessary orders and writs for said election shall be issued

by the proper authority. Returns of said election shall be made to the City Council immediately

after the closing of the polls.

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(Ordinance No. 371 of February 12, 2008)

ARTICLE 1.800 ANNUAL BUDGET

Sec. 1.801: Budget Officer. The budget officer of the city shall be the Mayor of the city.

Sec. 1.802: Budget Required.

The budget officer shall, with the aid and counsel of the members of the City Council, annually

prepare a budget to cover all proposed expenditures of the government of the city for the

succeeding year, in accordance with Article 689a-13--16 V.T.C.S.

Sec. 1.803: Budget Content.

The budget shall show all expenditures proposed and shall be carefully itemized so as to make as

clear a comparison as practicable between expenditures included in the proposed budget and actual

expenditures for the same or similar purposes for the preceding year. The budget must also show as

definitely as possible each of the various projects for which appropriations are made in the budget

and the budgeted sums for each of such projects. The budget shall also contain a complete financial

statement of the city showing all outstanding obligations of such city, the cash on hand to the credit

of each and every fund, the funds received from all of sources during the previous year, the funds

available to cover the proposed budget, and the estimated rate of tax which will be required.

Sec. 1.804: Budget Cooperation Required.

The Mayor shall have the authority to require any officer or other unit of the city government to

furnish such information as may, in the Mayor's discretion, be necessary to afford proper

preparation of the proposed budget.

Sec. 1.805: Budget - Time of Filing.

The budget shall be filed with the City Secretary not less than thirty (30) days prior to the time the

City Council makes its tax levy for the current fiscal year.

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Sec. 1.806: Budget Public Inspection. The budget filed with the City Secretary shall be available

for the inspection of any taxpayer during all reasonable business hours.

Sec. 1.807: Budget - Public hearings and Filing with County and State.

A public hearing shall be had and the budget adopted thereafter shall be filed with the proper county

and state officials in accordance with Article 689a-15 V.T.C.S.

ARTICLE 1.900 AUDIT

An audit of the books of accounts of the city shall be made and filed annually in accordance with

Section 103.001-103.004, Local Government Code, V.T.C.A.

ARTICLE 1.1000 PROPERTY TAXES

Sec. 1.1001: Authority to Levy.

The City Commission shall each year establish the city's annual ad valorem tax levy by ordinance in

advance of the fiscal year. The tax levy shall not exceed one dollar and fifty cents ($1.50) per one

hundred dollars ($100.00) assessed valuation. The ad valorem tax shall be assessed and collected

in accordance with state law.

(Provision for inclusion of Sections 1.400-1.1001 of Chapter 1 provided for in Ordinance adopting

Code)

Sec. 1.1002: Homestead Exemption.

(A) From and after January 1, 1980, eight thousand dollars ($8,000.00) of the appraised

value of residence homesteads as defined by law of persons who have attained the

age of sixty-five (65) years on or before January 1st of the year for which the

exemption is claimed shall be exempt from city ad valorem taxes; provided,

however, that where the ad valorem tax has heretofore been pledged for the payment

of any debt, the taxing officers of the city shall have authority to continue to levy

and collect the tax against the homestead property at the same rate as the tax so

pledged until the debt is discharged, if the cessation of the levy would impair the

obligation of the contract by which the debt was created.

(Ordinance No. 101 of April 1, 1980)

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(B) In order to secure the benefit of the exemption, the owner shall, between January 1st

and April 30th of each year, file with the city tax assessor collector, on a form

furnished by the tax assessor collector, a sworn inventory of such property owned on

January 1st of each year for which the exemption is claimed, and shall initially

furnish proof of age by certified copy of his or her birth certificate, or, if such person

does not have a certificate of birth, then by any legal document giving actual

knowledge of proof of age, such as: social security record, federal census record,

state census record, own child's birth certificate, original birth notice in newspaper,

school record, passport, marriage record, hospital record, voter's registration record,

church baptismal record, or physician's record.

(Ordinance of March 6, 1973)

Sec. 1.1003: Additional Delinquent Tax Collection Penalty.

(A) Ad valorem taxes for 1990 that remain delinquent on July 1, 1991, shall incur an

additional penalty to defray costs of collection, said penalty to be in the amount of

fifteen (15) percent of the amount of taxes, penalty, and interest due the City of

Ganado, which fee shall be an authorized collection expense.

(B) In future years, ad valorem taxes that remain delinquent on July 1 of the year in

which they become delinquent shall incur an additional penalty to defray costs of

collection, said penalty to be in the amount of fifteen (15) percent of the amount of

taxes, penalty and interest due the City of Ganado, which fee shall be an authorized

collection expense.

(Ordinance No. 195 of December 4, 1990)

Sec. 1.1004: Taxation of Freeport Goods.

All of that tangible personal property that is forwarded out of this state within one hundred

seventy-five (175) days of its acquisition or importation into this state described in the Texas

Constitution, Article VIII, Sec. l-j, known as freeport goods, shall be fully taxable in the City of

Ganado beginning January 1, 1991.

(Ordinance No. 186 of January 9, 1990)

Sec. 1.1005: Taxation of Tangible Personal Property

(1) all such goods-in-transit personal property as covered by

Texas Property Tax Code Section 11.253 shall be, and are hereby declared to be, taxable by the City of Ganado for tax year 2008 and for every year thereafter,

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all as provided for and in accordance with Texas

Property Tax Code Section 11.253.

(Ordinance No. 370 of December 11,2007)

ARTICLE 1.1100 RECORDS MANAGEMENT PROGRAM*

Sec. 1.1101: Definition of the City of Ganado Records.

All documents, papers, letters, books, maps, photographs, sound and video recordings, or other

information recording media, regardless of physical form or characteristic, and regardless of

whether public access to it is open or restricted under the laws of the state, created or received by

the City of Ganado or any of its officers or employees pursuant to law or in the transaction of public

business are hereby declared to be the records of the City of Ganado, and shall be created,

maintained, and disposed of in accordance with the provisions of this section or procedures

authorized by it and in no other manner.

Sec. 1.1102: Additional Definitions.

(A) Department head means the officer who by ordinance, order, or administrative

policy is in charge of an office of the City of Ganado that creates and/or receives

records.

(B) Essential record means any record of the City of Ganado necessary to the

resumption or continuation of operations of the City of Ganado in an emergency or

disaster, to the re-creation of the legal and financial status of the City of Ganado, or

to the protection and fulfillment of obligations to the people of the state.

(C) Permanent record means any record of the City of Ganado for which the retention

period on a records control schedule is given as permanent.

(D) Records control schedule means a document prepared by or under the authority of

the records management officer listing the records maintained by the City of

Ganado, their retention periods and other records disposition information that the

records management program may require.

* State law reference Public access to records, V.T.C.A. Local Government Code, Sec. 203.021 et seq.

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(E) Records management means the application of management techniques to the

creation, use, maintenance, retention, preservation, and disposal of records for the

purposes of reducing the costs and improving the efficiency of record keeping. The

term includes the development of records control schedules, the management of

filing and information retrieval systems, the protection of essential and permanent

records, the economical and space effective storage of inactive records, control over

the creation and distribution of forms, reports, and correspondence, and the

management of micrographic and electronic and other record storage systems.

(F) Records management officer means the person designated in subsection E of this

section.

(G) Records management plan means the plan developed under subsection F of this

section.

(H) Retention period means the minimum time that must pass after the creation,

recording, or receipt of a record, or the fulfillment of certain actions associated with

a record, before it is eligible for destruction.

Sec. 1.1103: Records Declared Public Property.

All City of Ganado records as defined in subsection A of this section are hereby declared to be the

property of the City of Ganado. No City of Ganado official or employee has, by virtue of his or her

position, any personal or property right to such records even though he or she may have developed

or compiled them. The unauthorized destruction, removal from files, or use of such records is

prohibited.

Sec. 1.1104: Policy.

It is hereby declared to be the policy of the City of Ganado to provide for efficient, economical, and

effective controls over the creation, distribution, organization, maintenance, use, and disposition of

all City of Ganado records through a comprehensive system of integrated procedures for the

management of records from their creation to their ultimate disposition, consistent with the

requirements of the Texas Local Government Records Act and accepted records management

practice.

Sec. 1.1105: Designation of Records Management Officer.

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The city secretary, and the successive holders of said office, shall serve as records management

officer for the City of Ganado. As provided by state law, each successive holder of the office shall

file his or her name with the director and librarian of the Texas State Library within thirty (30) days

of the initial designation or of taking up the office, as applicable.

Sec. 1.1106: Records Management Plan to be Developed; Approval of Plan; Authority of

Plan.

(A) The records management officer shall develop a records management plan for the

City of Ganado for submission to the city commission. The plan must contain

policies and procedures designed to improve the efficiency of record keeping, to

adequately protect the essential records of the City of Ganado and to properly

preserve those records of the City of Ganado that are of historical value. The plan

must be designed to enable the records management officer to carry out his or her

duties prescribed by state law and this section effectively.

(B) Once approved by the city commission, the records management plan shall be

binding on all offices, departments, divisions, programs, commissions, bureaus,

boards, committees, or similar entities of the City of Ganado and records shall be

created, maintained, stored, microfilmed or disposed of in accordance with the plan.

(C) State law relating to the duties, other responsibilities, or record keeping

requirements of a department head do not exempt the department head or the

records in the department head's care from the application of this section and the

records management plan adopted under it and may not be used by the department

head as a basis for refusal to participate in the records management program of the

City of Ganado.

Sec. 1.1107: Duties of Records Management Officer.

In addition to other duties assigned in this section, the records management officer shall:

(A) administer the records management program and provide assistance to department

heads in its implementation;

(B) plan, formulate, and prescribe records disposition policies, systems, standards, and

procedures;

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(C) in cooperation with department heads identify essential records and establish a

disaster plan for each City of Ganado office and department to ensure maximum

availability of the records in order to reestablish operations quickly and with

minimum disruption and expense;

(D) develop procedures to ensure the permanent preservation of the historically valuable

records of the City of Ganado;

(E) establish standards for filing and storage equipment and for record keeping supplies;

(F) study the feasibility of and, if appropriate, establish a uniform filing system and a

forms design and control system for the City of Ganado.

(G) provide records management advice and assistance to all city departments by

preparation of a manual or manuals of procedure and policy and by on-site

consultation;

(H) monitor records retention schedules and administrative rules issued by the Texas

State Library and Archives Commission to determine if the records management

program and the city's records control schedules are in compliance with state

regulations;

(I) disseminate to the city commission and department heads information concerning

state laws and administrative rules relating to local government records;

(J) instruct other city personnel in policies and procedures of the records management

plan and their duties in the records management program;

(K) ensure that the maintenance, preservation, destruction, or other disposition of the

city records is carried out in accordance with the policies and procedures of the

records management program and the requirements of state law;

(L) maintain records on the volume of records destroyed under approved records control

schedules, and the estimated cost and space savings as the result of such disposal or

disposition;

(M) report annually to the city commission on the implementation of the records

management plan in each department of the city, including summaries of the

statistical and fiscal data compiled under paragraph (L) above; and

(N) bring to the attention of the city commission noncompliance by department heads or

other city personnel with the policies and procedures of the records management

program or the Local Government Records Act.

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Sec. 1.1108: Duties and Responsibilities of Department Heads.

In addition to other duties assigned by this section, department heads shall:

(A) cooperate with the records management officer in carrying out the policies and

procedures established in the City of Ganado for the efficient and economical

management of records and in carrying out the requirements of this section;

(B) adequately document the transaction of government business and the services,

programs, and duties for which the department head and his or her staff are

responsible; and

(C) maintain the records in his or her care and carry out their preservation, destruction,

or other disposition only in accordance with the policies and procedures of the

records management program of the City of Ganado and the requirements of this

section.

Sec. 1.1109: Records Control Schedules to be Developed; Approval; Filing with State.

(A) The records management officer, in cooperation with department heads, shall

prepare records control schedules on a department by department basis listing all

records created or received by the department and the retention period for each

record. Records control schedules shall also contain such other information

regarding the disposition of city records as the records management plan may

require.

(B) Each records control schedule shall be monitored and amended as needed by the

records management officer on a regular basis to ensure that it is in compliance with

records retention schedules issued by the state and that it continues to reflect the

record keeping procedures and needs of the department and the records management

program of the City of Ganado.

(C) Before its adoption, a records control schedule or amended schedule for a

department must be approved by the department head, the mayor, and the chief

financial officer.

(D) Before its adoption, a records control schedule must be submitted to and accepted

for filing by the director and librarian as provided by state law. If a schedule is not

accepted for filing, the schedule shall be amended to make it acceptable for filing.

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The records management officer shall submit the records control schedules to the

director and librarian.

Sec. 1.1110: Implementation of Records Control Schedules; Destruction of Records Under

Schedule.

(A) A records control schedule for a department that has been approved and adopted

under Sec. 1.1106 shall be implemented by department heads according to the

policies and procedures of the records management plan.

(B) A record whose retention period has expired on a records control schedule shall be

destroyed unless an open records request is pending on the record, the subject of the

record is pertinent to a pending law suit, or the department head requests in writing

to the records management officer that the record be retained for an additional

period.

(C) Prior to the destruction of a record under an approved records control schedule,

authorization for the destruction must be obtained by the records management

officer.

Sec. 1.1111: Destruction of Unscheduled Records.

A record that has not yet been listed on an approved records control schedule may be destroyed if

its destruction has been approved in the same manner as a record destroyed under an approved

schedule and the records management officer has submitted to and received back from the director

Sec. 1.1112: Records Center.

A records center, developed pursuant to the plan required by Sec. 1.1106, shall be under the direct

control and supervision of the records management officer. Policies and procedures regulating the

operations and use of the records center shall be contained in the records management plan

developed under Sec. 1.1106.

(Ordinance No. 201 of November 7, 1990)

ARTICLE 1.1200 MISDEMEANORS UNDER STATE LAW

All misdemeanors named in the penal code of the state for which the municipal court has

jurisdiction are hereby declared to be offenses against the city, and the fines and penalties and other

punishments shall be the same as is prescribed in said penal code.

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(Provision for inclusion of 1.1200 of Chapter 1 provided for in Ordinance adopting Code)

ARTICLE 1.1300 PUBLIC INTOXICATION

Sec. 1.1301: An individual commits an offense of public intoxication if he appears in a public

place under the influence of alcohol or any other substance, to the degree that he may endanger

himself or another.

Sec. 1.1302: "Public place" means any place to which the public or a substantial group of the

public has access and includes, but is not limited to, streets, highways, and the common areas of

schools, hospitals, apartment houses, office buildings, transport facilities and shops. Public place

shall also include within its meaning being within a vehicle which is found in a place to which the

public or a substantial group of the public has access and includes, but is not limited to, being

within a vehicle on any street, highway, or other public place.

Sec. 1.1303: It is a defense to prosecution under this section that the alcohol or other substance was

administered for therapeutic purposes by a licensed physician.

(Ordinance No. 105 of August 5, 1980)

ARTICLE 1.1400 CITY LIABILITY; PROCEDURES*

Sec. 1.1401: Notice Required.

The City of Ganado shall never be liable for any claim for property damage or for personal injury,

whether such personal injury results in death or not, unless the person damaged or injured, or

someone in his behalf, or in the event the injury results in death, the person or persons who may

have a cause of action under the law by reason of such death injury, shall within sixty (60) days

from the date of the damage or injury was received give notice in writing to the mayor and city

council of the following facts:

(A) The date and time when the injury or damage occurred and the place where the

injured person or property was at the time when the injury was received;

(B) The nature of the damage or injury sustained;

(C) The apparent extent of the damage or injury sustained;

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(D) A specific and detailed statement of how and under what circumstances the damage

or injury occurred;

(E) The amount for which each claimant will settle;

(F) The actual place of residence of each claimant by street, number, city and state on

the date the claim is presented;

(G) In the case of personal injury or death, the names and addresses of all persons who,

according to the knowledge or information of the claimant witnessed the happening

of the injury or any part thereof and the names of the doctors, if any, to whose care

the injured person is committed; and/or

* State Law reference - Texas Tort Claims Act, V.T.C.A., Civil Practice and Remedies Code, Chapter 101.

(H) In the case of property damage, the location of the damaged property at the time the

claim was submitted along with the names and addresses of all persons who

witnessed the happening of the damage or any part thereof.

Sec. 1.1402: Application to City Council.

No suit of any nature whatsoever shall be instituted or maintained against the City of Ganado unless

the plaintiff therein shall aver and prove that previous to the filing of the original petition the

plaintiff applied to the city council for redress, satisfaction, compensation or relief, as the case may

be, and that the same was by vote of the city council refused.

Sec. 1.1403: Serving and Effective Date of Notice.

All notices required by this section shall be effectuated by serving them upon the city secretary at

the following location:

City Hall

211 East Putnam

Ganado, Texas

and all such notices shall be effective only when actually received in the office of the person named

above.

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Sec. 1.1404: Provisions Not to Be Waived.

Neither the mayor, a city commissioner nor any other officer or employee of the city shall have the

authority to waive any of the provisions of this Article.

Sec. 1.1405: Verification of Notice.

The written notice required under this section shall be sworn to by the person claiming the damage

or injuries or by someone authorized by him to do so on his behalf. Failure to swear to the notice as

required herein shall not render the notice fatally defective, but failure to do so verify the notice

may be considered by the city council as a factor relating to the truth of the allegations and to the

weight to be given to the allegations contained therein.

(Ordinance No. 129 of December 4, 1984)

ARTICLE 1.1500 WEAPONS AND FIREARMS

Sec. 1.1501: Discharge of Guns, Firearms, BB Guns, and Pellet Guns prohibited; exception;

Penalty.

(A) It shall be unlawful for any person to discharge any rifle, pistol, shotgun or firearm

using an explosive type powder to project a shot or missile of any kind within the

city limits of the City of Ganado.

(B) It shall be unlawful for any person to discharge on the public streets, alleys,

rights-of-way, or other public property of the City of Ganado, or to discharge on,

over or across property not owned by that person, any BB gun, pellet gun or other

gun of any description whatever by whatever name known by means of compressed

air or compressed gas, which discharges a shot, pellet, missile or any other solid

object.

(C) This section shall not be construed to prohibit any officer of the law from

discharging a firearm, BB gun, pellet gun or other gun in the performance of his

duty nor to any citizen from discharging a firearm, BB gun, pellet gun or firearm

when lawfully defending themselves or another person, or from discharging same in

a regularly established shooting gallery.

Sec. 1.1502: Throwing Missiles.

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It shall be unlawful for any person to throw, or cause to be thrown, any hard object, leaden bullet or

other missile against or at any person with the intent to cause injury to said person, or against or at

any property not his own with the intent to cause damage to same, or to throw or cause to be

thrown, any hard object, leaden bullet or other missile from any rubber shooter, bow, sling shot or

other like contrivance, at any person or against or at any property not his own with the intent to

cause injury or damage to same.

Sec. 1.1503: Penalty .

Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and

shall be subject to a fine not exceeding five hundred dollars $500.00).

(Ordinance No. 171 of June 1, 1989)

ARTICLE 1.1600 DEVERS CREEK PARK

Sec. 1.1601: Glass Beverage Containers Prohibited.

It shall be unlawful for any person to use or possess any glass beverage containers of any kind or

nature whatsoever within Devers Creek Park, a municipal park of Ganado, Texas.

(Ordinance No. 205 of July 10, 1991)

ARTICLE 1.1700 HOTEL OCCUPANCY TAX

Sec. 1.1701: Definitions.

The following words, terms and phrases are defined as follows:

(A) Hotel. Any building or buildings in which the public may, for a consideration,

obtain sleeping accommodations, including hotels, motels, tourist homes, houses or

courts, lodging houses, inns, rooming houses, or other buildings where rooms are

furnished for a consideration, but not including hospitals, sanitariums or nursing

homes.

(B) Consideration. The cost of the room in a hotel only if the room is ordinarily used

for sleeping, and not including the cost of any food served or personal services

rendered to the occupant of such room not related to the cleaning and readying of

such room for occupancy.

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(C) Occupancy. The use or possession, or the right to the use or possession, of any

room or rooms in a hotel if the room is one which is ordinarily used for sleeping and

if the occupant is other than a permanent resident as hereinafter defined.

(D) Occupant. Anyone who, for a consideration, uses, possesses, or has a right to use or

possess any room or rooms in a hotel under any lease, concession, permit, right of

access, license, contract or agreement, other than a permanent resident as hereinafter

defined.

(E) Person. Any individual, company, corporation or association owning, operating,

managing or controlling any hotel.

(F) Tax Assessor-Collector. The Tax Assessor and Collector of the City of Ganado,

Texas.

(G) Quarterly Period. The regular calendar quarters of the year, the first quarter being

composed of the months of October, November and December; the second quarter

being the months of January, February and March; the third quarter being the

months of April, May and June; and the fourth quarter being the months of July,

August and September.

(H) Permanent resident. Any occupant who has or shall have the right to occupancy of

any room or rooms in a hotel for at least thirty (30) consecutive days during the

calendar year or preceding year.

Sec. 1.1702: Tax Levied; Amount; Exemptions.

There is hereby levied a tax of six percent (6%) of the price paid for a room in a hotel on every

person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays

for the use or possession or for the right to the use or possession of a room that is in a hotel which

costs two dollars ($2.00) or more each day, and is ordinarily used for sleeping. The price of a room

in a hotel does not include the cost of food served by the hotel and the cost of personal services

performed by the hotel for the person except those services related to the cleaning and readying of

the room for possession.

(a) Exceptions are as follows:

(i) No tax shall be imposed upon a permanent resident.

(ii) No tax shall be imposed for federal or state employees traveling on official

business.

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(iii) No tax shall be imposed for diplomatic personnel who present a Tax

Exemption card issued by the United States Department of State.

(iv) No tax shall be imposed for federal or state military personnel traveling on

official military business. This exemption does not cover military staff on leave or

between stations.

Sec. 1.1703: Collection of Tax.

Every person owning, operating, managing or controlling any hotel situated within the City of

Ganado or its extraterritorial jurisdiction shall collect the tax levied by this section for the City of

Ganado, Texas.

The hotel operator shall be entitled to one percent (1%) of the hotel occupancy tax revenues

collected as reimbursement for the operator's administrative costs for collecting the tax. However,

as hereinbelow provided, this reimbursement may be forfeited at the discretion of the city if the

hotel operator fails to timely pay over the tax or timely file a report as required by the city or file a

false report with the city.

Sec. 1.1704: Quarterly Reports to Tax Assessor-Collector.

On the last day of the month following each quarterly period (beginning the last day of the month

following the second quarterly period of calendar year 1992), every person required to collect the

tax imposed hereby shall file a report with the Tax Assessor-Collector of taxes showing the price

paid for all room occupancies in the preceding quarter, the amount of the tax collected on such

occupancies, and any other information the Tax Assessor-Collector may reasonably require. Such

person shall pay the tax due on such occupancies at the time of filing such report. The report shall

be in a form prescribed by the Tax Assessor-Collector. The Tax Assessor-Collector is hereby

authorized and directed to do all such things necessary or convenient to carry out the terms of this

section. The Tax Assessor-Collector shall have the authority to request and receive within a

reasonable time documentation for information contained in the report to the city by the hotel.

Sec. 1.1705: Rules and Regulations of Tax Assessor-Collector; Access to Books and Records.

The Tax Assessor-Collector shall have the power to make such rules and regulations as are

reasonable and necessary to effectively collect the tax levied hereby, and shall upon reasonable

notice have access to books and records necessary to enable him to determine the correctness of any

report filed as required by this section, and the amount of taxes due under the provisions of this

section.

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Sec. 1.1706: Penalties.

(A) If any person shall fail to file a report as required herein or shall file a false report or

shall fail to pay to the Tax Assessor-Collector the tax as imposed herein when said

report or payment is due, he shall forfeit five percent (5%) of the amount due as

penalty, and after the first thirty (30) days, he shall forfeit an additional five percent

(5%) of such tax. However, such penalty shall never be less than one dollar ($1.00)

Delinquent taxes shall draw interest at the rate of ten percent (10%) per annum

beginning sixty (60) days from the due date.

(B) Any person violating any of the provisions of this section, including hotel operators

who fail to collect the tax, fail to file a return, file a false return, or who are

delinquent in their tax payment, shall be guilty of a misdemeanor and shall, upon

conviction, be fined in any sum not to exceed five hundred dollars ($500.00), and

each twenty-four (24) hours of any such violation shall constitute a separate offense.

Sec. 1.1707: Additional Penalties.

The City is hereby authorized to take the following actions against any person required to collect

the tax imposed hereby and pay the collection over to the City and who has failed to file a report, or

filed a false report, or failed to pay the tax when due:

(A) Require the forfeiture of any revenue the city allowed the hotel operator to retain for

its cost of collecting the tax;

(B) Bring suit against the hotel for noncompliance; and/or

(C) Bring suit against the hotel seeking any other remedies provided under Texas law.

Sec. 1.1708: Additional Authorization to Bring Suit.

The City Attorney is hereby authorized to bring suit against any person required to collect the tax

imposed hereby and required to pay the collection over to the City and who has failed to file a

report, or filed a false report, or failed to pay the tax when due. Such suit may seek to collect such

tax not paid or to enjoin such person from operating a hotel in the city until the tax is paid or the

report is filed or both, as applicable and as provided in the injunction.

Sec. 1.1709: Use of Revenue Derived from Levy of Hotel Occupancy Tax.

The revenue derived from any hotel occupancy tax imposed and levied by this section may be used

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only to promote tourism and the convention and hotel industry, and that use is limited to the

following:

(A) the acquisition of sites for and the construction, improvement, enlarging, equipping,

repairing, operation, and maintenance of convention center facilities (as such is

defined in V.A.T.S. Tax Code, Section 351.001);

(B) the furnishing of facilities, personnel, and materials for the registration of

convention delegates or registrants;

(C) advertising and conducting solicitations and promotional programs to attract tourists

and convention delegates or registrants to the municipality or its vicinity;

(D) the encouragement, promotion, improvement, and application of the arts, including

instrumental and vocal music, dance, drama, folk art, creative writing, architecture,

design and allied fields, painting, sculpture, photography, graphic and craft arts,

motion pictures, radio, television, tape and sound recording, and other arts related to

the presentation, performance, execution, and exhibition of these major art forms;

and

(E) historical restoration and preservation projects or activities or advertising and

conducting solicitations and promotional programs to encourage tourists and

convention delegates to visit preserved historic sites or museums:

(F) which are at or in the immediate vicinity of convention center facilities; or

(G) which are located elsewhere in the municipality or its vicinity that would be

frequented by tourists, convention delegates, or other visitors to the municipality.

Revenue derived from the hotel occupancy tax shall be expended only in a manner which directly

enhances and promotes tourism and the convention and hotel industry as hereinbefore delineated.

Such revenue shall not be used for the general revenue purposes or general governmental operations

of the municipality which are not directly related to promoting the hotel and convention industry or

tourism in the municipality.

Sec. 1.1710: Administrative Requirements; Accountability; keeping of Records.

The City Council may, by contract, delegate to a person, including another governmental entity or a

private organization, the management or supervision of programs and activities funded with

revenue from the hotel occupancy tax. The City Council shall approve in writing in advance the

annual budget of the entity to which it delegates those functions and shall require the entity to make

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periodic reports to the City Council at least annually listing the expenditures made by the entity of

revenue from the tax provided by the municipality.

(A) The entity must maintain the revenue provided by the municipality from the tax in a

separate account established for that purpose and may not commingle that revenue

with any other money or maintain it in any other account.

(B) The municipality may not delegate to any person or entity the management or

supervision of its convention and visitors programs and activities funded with

revenue from the hotel occupancy tax other than by contract as provided herein.

(C) The approval by the City Council of the annual budget of the entity to which these

functions are delegated creates a fiduciary duty in the person or entity with respect to

the revenue provided by the municipality to the person or entity under the contract.

(D) A person or entity with whom the municipality contracts to conduct authorized

activities shall maintain complete and accurate financial records of each expenditure

of hotel occupancy tax revenue made by the person or entity and, on request of the

City Council or other person, shall make the records available for inspection and

review.

(E) Hotel occupancy tax revenue may be spent for day-to-day operations, supplies,

salaries, office rental, travel expenses, and other administrative costs only if those

administrative costs are incurred directly in the promotion and servicing of

expenditures hereinbefore authorized. The portion of the total administrative costs

for activities for which hotel occupancy tax revenue may be used may not exceed

the administrative costs actually incurred in conducting the authorized activities.

(F) Hotel occupancy tax revenue may not be spent for travel for a person to attend an

event or conduct an activity the primary purpose of which is not directly related to

the promotion of the person's job in an efficient and professional manner.

Sec. 1.1711: Effective Date.

The hotel occupancy tax authorized herein shall become effective commencing on the first day of

the month following the date upon which this section, or an amended form thereof, has been

adopted and enacted by the City of Ganado, Texas.

(Ordinance No. 211 of March 3, 1992)

ARTICLE 1.1800 ANNEXATION

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Sec. 1.1801: Annexation of 29.50 acres in the William Menefee League, A-53, Jackson

County, Texas in to City Limits:

The following described property is annexed to the City of Ganado, Jackson County, Texas, and its

boundary limits of said City so as to include said hereinafter described property within the City

Limits, and granting to said territory and

to all present and future inhabitants of said property all of the rights and privileges as other citizens

and binding said present and future inhabitants by all of the acts and ordinances of the

City of Ganado, Texas.

BEING a 29.50 acre tract situated in and a part of the William Menefee League,

A-53, Jackson County, Texas and is more particularly described by metes and

bounds as follows:

BEGINNING at a point in the West Right-of-Way line of State Highway No. 172 in

the present City Limits of the City of Ganado;

THENCE, N 56 00' 00" E with the present City Limits of the City of Ganado at

115.44 feet pass the East Right-of-Way line of State Highway No. 172 and a

TOTAL DISTANCE of 1464.30 feet;

THENCE, N 34 00' 00" W with the present City Limits of the City of Ganado a

distance of 170.56 feet to a point in the Northwest line of the J.B. Housson 5.45

Acre Tract of record in Volume 685, Page 220 of the Jackson County Deed

Records;

THENCE, N 62 55' 39" E a distance of 29.27 feet;

THENCE, N 70 50' 51" E a distance of 47.48 feet;

THENCE, N 79 37' 08" E a distance of 25.04 feet to a point and North corner of

the J.B. Housson 5.45 Acre Tract;

THENCE, S 34 00' 00" E with the Northeast line of said J.B. Housson 5.45 Acres a

distance of 481.92 feet and East corner of aforesaid J.B. Housson 5.45 Acre Tract;

THENCE, S 63 19' 46" W with the Southeast line of the J.B. Housson 5.45 Acres a

distance of 362.17 to the North corner of the Formosa Plastics Development

Corporation 10.8723 Acre Tract of Record in Volume 759, Page 269 of the Jackson

County Deed Records;

THENCE, S 34 00' 00" E with the Northeast line of said Formosa Plastics

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Development Corporation 10.8723 Acres a distance of 650.00 feet and East corner

of aforesaid Formosa Plastics Development Corporation 10.8723 Acre Tract;

THENCE, S 63 19' 46" W with the Southeast line of the Formosa Plastics

Development Corporation 10.8723 Acres a distance of 475.00 feet and South corner

of aforesaid Formosa Plastics Development Corporation 10.8723 Acre Tract;

THENCE, S 63 41' 33" W a distance of 432.76 feet to the East corner of the Leona

Zacek Popp, et al, 0.4985 Acre Tract in the Southwest Right-of-Way line of South

Third Street, said 0.4985 Acre Tract of Record in Volume 644, Page 789 of the

Jackson County Deed Records;

THENCE, S 57 48' 46" W passing on line the South corner of the Leona Zacek

Popp et al, 0.4985 Acre Tract and the East corner of the E.J. Gregurek 1.043 Acre

Tract a distance of 211.27 feet, said 1.043 Acre of Record in Volume 301, Page 604

of the Jackson County Deed Records;

THENCE, S 62 50' 00" W continuing with the Southeast line and passing the

South corner of the E.J. Gregurek 1.043 Acres a distance of 397.63 feet to a point in

the West Right-of-Way line of State Highway No. 172;

THENCE, N 09 22' 00" W with the West Right-of-Way line of State Highway No.

172 a distance of 153.28 feet to a point of curvature of a curve to the left;

THENCE, with the West Right-of-Way line of State Highway No. 172 in a curve to

the left and having the following curve data: Radius = 5679.97; Chord = N 09 32'

26" W, 34.50 feet and Arc distance of 34.50 feet;

THENCE, N 13 06' 12" W with the West Right-of-Way line of State Highway No.

172 a distance of 99.21 feet to a point of curvature of a curve to the left;

THENCE with the West Right-of-Way line of State Highway No. 172 in a curve to

the left and having the following curve date: Radius = 5674.97 feet; Chord = N 13

26' 16" W; 539.30 feet and Arc distance of 539.50 feet to the present City Limits

and POINT OF BEGINNING; CONTAINING 29.50 Acres.

(Ordinance No. 221 of October 5, 1993)

ARTICLE 1.1900 VOLUNTEER FIRE DEPARTMENT

Sec. 1.1901: Volunteer Fire Department Reports to City.

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(A) Though the Volunteer Fire Department is a body unto itself, it shall be accountable

to the City with regard to its operations, particularly with regard to the use of that

equipment owned by the City of Ganado and used by the Volunteer Fire

Department.

(B) The Chief of the Volunteer Fire Department or his/her designee shall report to the

City Council from time to time as the City Council deems appropriate. Said reports

shall be made at least once every six (6) months. Reports shall be made to the City

Council during a regular scheduled meeting.

(C) Reports by the Volunteer Fire Department made to the City Council in accordance

herewith shall include:

(1) A report on all fires occurring within the City to which the Volunteer Fire

Department responded, including facts, statistics, and circumstances,

including the actual or suspected origin of the fires, the estimated value of

the property involved in the fires, and an estimate of the total damage done

by such fires;

(2) A report on the condition of all equipment owned by the City of Ganado and

used by the Volunteer Fire Department in the course of the department's

operations;

(3) A report on the general operations of the Volunteer Fire Department;

(4) Such other information as the City Council may deem appropriate.

(D) Reports shall be presented in writing to the City Secretary at least one (1) day prior

to the meeting of the City Council. Oral presentation of the report shall be given at

the meeting of the City Council.

(E) The Chief of the Volunteer Fire Department or his/her designee shall, on an annual

basis, submit a proposed budget to the City Council for their consideration.

ARTICLE 1.2000 EMERGENCY MEDICAL SERVICES

Sec. 1.2001: ORGANIZATION

(A) There exists the office of Emergency Management Director of the City of

GANADO which shall be held by the Mayor in accordance with State Law.

(a) An Emergency Management Coordinator may be appointed by and serve at

the pleasure of the Director;

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(b) The Director shall be responsible for a program of comprehensive

emergency

emergency management within the City and for carrying out the duties and

responsibilities set forth in this ordinance. He/she may delegate authority

authority for execution of these duties to the Coordinator, but ultimate

responsibility of such execution shall remain with the Director.

(c) The operational Emergency Management organization of the City of

GANADO shall consist of the officers and employees of the City so

designated by the Director in the emergency management plan, as well as

organized volunteer groups. The functions and duties of this organization

shall be distributed among such officers and employees in accordance with

of the emergency management plan.

Sec. 1.2002: EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES

(a) Conduct an on-going survey of actual or potential hazards which threaten

life and property within the City and an on-going program of identifying

requiring or recommending the implementation of measures which would

tend to prevent the occurrence or reduce the impact of such hazards if a

disaster did occur.

(b) Supervision of the development and approval of an emergency management

plan for the City of GANADO, and shall recommend for adoption by the

City Council all mutual aid arrangements deemed necessary for the

implementation of such plan.

(c) Authority to declare a local state of disaster. The declaration may not be

continued or renewed for a period in excess of 7 days except by or with

the consent of the City Council. Any order or proclamation declaring,

continuing, or terminating a local state of disaster shall be given prompt

and general publicity and shall be filed promptly with the City Secretary.

(d) Issuance of necessary proclamations, regulations, or directives which are

necessary for carrying out the purposes of this ordinance. Such

proclamations, regulations, or directives shall be disseminated promptly

by means calculated to bring its contents the attention of the general

public and , unless circumstances attendant on the disaster prevent or

impede, promptly filed with the City Secretary.

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(e) Direction and control of the operations of the GANADO Emergency

Management personnel.

(f) Determination of all questions of authority and responsibility that may

arise within the Emergency Management organization of the City.

(g) Maintenance of liaison with other municipal, County, District, State,

regional or federal Emergency Management organizations.

(h) Marshaling of all necessary personnel, equipment, or supplies from any

department of the City to aid in the carrying out of the pro-visions of the

emergency management plan.

(i) Supervision of the drafting and execution of mutual aid agreements, in

cooperation with the representatives of the State and of other local political

subdivisions of the State, and the drafting and execution, if deemed

desirable, of an agreement with the county in which said City is located

and with other municipalities within the County, for the County-wide

coordination of Emergency Management efforts.

(j) Supervision of, and final authorization for the procurement of all necessary

supplies and equipment, including acceptance of private contributions

which may be offered for the purpose of improving Emergency

management within the city.

(k) Authorizing of agreements, after approval by the City Attorney, for use

of private property for public shelter and other purposes.

(l) Survey of the availability of existing personnel, equipment, supplies, and

services which could be used during a disaster, as provided for herein.

(m) Other requirements as specified in the Texas Disaster Act of 1975,

Vernon's Texas Codes Annotated, Government Code Chapter 418.

Sec. 1.2003: EMERGENCY MANAGEMENT PLAN

A comprehensive Emergency Management Plan shall be developed and maintained in a current

state. The plan shall set forth the form of the organization; establish and designate divisions and

functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to

carry out the provisions of this ordinance. As provided by State law, the plan shall follow the

standards and criteria established by the State Division of Emergency Management of the State of

Texas. Insofar as possible, the form of organization, titles, and terminology shall conform to the

recommendations of the State Division of Emergency Management. When approved, it shall be the

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duty of all departments and agencies to perform the functions assigned by the plan and to maintain

their portion of the plan in aa surround state of readiness at all times. The emergency management

plan shall be considered supplementary to this ordinance and have the effect of law during the time

of a disaster.

Sec. 1.2004: INTERJURISDICTIONAL PROGRAM

The Mayor is hereby authorized to join with the County Judge of the County of Jackson and mayors

of the other cities in said County in the formation of an interjurisdictional emergency management

program for the County of Jackson, and shall have the authority to cooperate in the preparation of

an interjurisdictional emergency management plan, as well as all powers necessary to participate in

a County-wide program of emergency management insofar as said program may affect the City of

GANADO.

Sec. 1.2005: OVERRIDE

At all times when the orders, rules, and regulations made and promulgated pursuant to this

ordinance shall in effect, they shall supersede and override all existing ordinances, orders, rules, and

regulations insofar as the latter may be inconsistent therewith.

Sec. 1.2006: LIABILITY

This ordinance is an exercise by the City of its governmental functions for the protection of the

public peace, health and safety and neither the City of GANADO the agents and representatives of

said City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any

of the agents thereof, in good faith carrying out, complying with or attempting to comply with, any

order, rule or regulation promulgated pursuant to the provisions of this ordinance shall be liable for

any damage sustained to persons as the result of said activity. Any person owning or controlling

real estate or other premises who voluntarily and without compensation grants to the City of

GANADO a license of privilege, or otherwise permits the City to inspect, designate, and use the

whole or any part or parts of such real estate or premises for the purpose of sheltering persons

during an actual, impending, or practice enemy attack or natural or man-made disaster shall,

together with his successors in interest, if any, not be civilly liable for the death of, or injury to, any

person on or about such real estate or premises under such license, privilege or other permission or

for loss of, or damage to, the property of such person.

Sec. 1.2007: COMMITMENT OF FUNDS

No person shall have the right to expend any public funds of the City in carrying out any

Emergency Management activity authorized by this ordinance without prior approval by the City

Council, nor shall any person have any right to bind the City by contract, agreement or otherwise

without prior and specific approval of the City Council unless during a declared disaster. During a

declared disaster, the Mayor may expend and/or commit public funds of the City when deemed

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prudent and necessary for the protection of health, life, or property.

Sec. 1.2008: OFFENSES: PENALTIES

(a) It shall be unlawful for any person willfully to obstruct, hinder, or delay

any member of the Emergency Management organization in the enforcement of any

rule or regulation issued pursuant to this ordinance.

(b) It shall likewise be unlawful for any person to wear, carry, or display any

emblem, insignia, or any other means of identification as a member of the

Emergency Management organization of the City of GANADO, unless authority

to do so has been granted to such person by the proper officials.

(c) Any unauthorized person who shall operate a siren or other device so as to

simulate a warning signal, or the termination of a warning, shall be deemed

guilty of a violation of this ordinance and shall be subject to the penalties

imposed by this ordinance.

(d) Convictions for violations of the provisions of this ordinance shall be

punishable by fine not to exceed One Thousand dollars ($1,000.00).

Sec. 1.2009: SEVERABILITY

If any portion of this ordinance shall, for any reason, be declared invalid such, invalidity shall not

affect the remaining provisions thereof.

Sec. 1.2010: LIMITATIONS

This ordinance shall not be construed so as to conflict with any State or Federal statute or with any

military or naval order, rule or regulation.

Sec. 1.2011: REPEALER

All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.

(Ordinance No. 279 of February 10, 1998)

ARTICLE 1.2100 JUVENILE CURFEW

Sec. 1.2101: Definitions.

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The following words, terms, and phrases, when used in this section shall have the meanings

ascribed to them in this section, unless the context of their usage clearly indicates another meaning:

(A) Emergency shall mean an unforeseen combination of circumstances or the resulting

state that calls for immediate action. The term shall include but not be limited to a

fire, natural disaster, vehicular accident, or a serious medical condition of sudden

onset.

(B) Guardian shall mean the person who, under a court order, is the guardian of the

person of a minor or the public or private agency with whom a minor has been

placed by a court.

(C) Minor for purposes of this section, shall mean any person under eighteen (18) years

of age.

(D) Parent shall mean a natural parent, adoptive parent or stepparent of a minor.

(E) Public Place means any place in Ganado, Texas, to which the public or a substantial

group of the public has access and includes, but is not limited to streets, highways,

and the common areas of schools, hospitals, apartments, houses, office buildings,

transport facilities, theaters, game rooms, shops, shopping malls, or any other place

engaged in the sale or provision of merchandise, services or entertainment.

Sec. 1.2102: Offenses.

(A) It shall be unlawful for any minor under the age of eighteen (18) years to remain,

walk, run, stand, drive or ride about, in or upon any public place in the City between

the hours as follows:

(1) 11:00 PM Sunday and 6:00 AM the following Monday;

(2) 11:00 PM Monday and 6:00 AM the following Tuesday;

(3) 11:00 PM Tuesday and 6:00 AM the following Wednesday;

(4) 11:00 PM Wednesday and 6:00 AM the following Thursday;

(5) 11:00 PM Thursday and 6:00 AM the following Friday;

(6) 1:00 AM Saturday and 6:00 AM Saturday; and

(7) 1:00 AM Sunday and 6:00 AM Sunday.

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(B) It shall be unlawful for any minor under the age of eighteen (18) years to remain,

walk, run, stand, drive or ride about, in or upon any public place in the City, on

school days, during regularly scheduled school hours, except for regularly scheduled

"lunch" times, unless the minor has school permission to be off-campus.

(C) It shall be unlawful for the parent or guardian having legal custody of a minor under

the age of eighteen (18) years, or an adult selected by the parent or legal guardian to

supervise the minor, to allow or permit the minor to be in violation of the curfew

imposed in Sec. 1.2102A and 1,2192B of this Article.

Sec. 1.2103: Defenses.

(A) It is a defense to prosecution under Sec. 1.2102 of this Article that:

(1) The minor was accompanied by his or her parent or guardian; or

(2) The minor was accompanied by an adult selected by the parent or legal

guardian to supervise the minor; or

(3) The minor was on an errand made necessary by emergency; or

(4) The minor was attending a school, religious, or government-sponsored

activity or was traveling to or from a school, religious, or

government-sponsored activity; or

(5) The minor was engaged in a lawful employment activity or was going

directly to or coming directly from lawful employment; or

(6) The minor was on the sidewalk or adjacent sidewalk of the place where he

or she permanently resides, or on the adjoining neighbors property with their

permission; or

(7) The minor was engaged in, participating in, or traveling to or from any

event, function or activity for which the application of this section of this

Ordinance would contravene his or her rights protected by the Texas or

United States Constitution; or

(8) The minor is married or had been married or had disabilities of minority

removed in accordance with Chapter 31 of the Texas Family Code; or

(9) The minor was exercising his or her First Amendment Rights.

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(10) The minor was attending a social function as approved by the parent or

guardian and was in direct route to or from said social function and would

not have stopped in a public place within the city had the minor not been

required to do so by police authority.

(11) The minor was traveling through the City of Ganado on a trip to a definitive

location on the most direct route thereto.

Sec. 1.2104: Enforcement.

(A) A police officer, who has probable cause to believe that a minor is in violation of

Sec. 1.2102, shall:

(a) ascertain the name and address of the minor;

(b) ascertain the name and address of the minor's parent(s);

(c) issue to the minor a written warning that the minor is in violation of this

Ordinance;

(d) order the minor to go promptly home by a direct route; and

(e) submit a copy of the warning to the Ganado Police Department which shall

send a letter by certified mail, return receipt requested, to the parent of the

minor advising of the fact that the minor has been accused of being in

violation of this ordinance, soliciting cooperation in the future and

including a warning that any subsequent violation may result in prosecution

of the minor and/or the parent under this section.

(B) A police officer, who has probable cause to believe that a minor is in violation of

1.2102, who has previously received a written warning for violating this ordinance

within the previous twelve (12) months, shall:

(a) ascertain the name and address of the minor;

(b) ascertain the name and address of the minor's parent(s);

(c) issue to the minor a written warning that the minor is in violation of this

Ordinance;

(d) take the minor to the parents, guardian's or adult supervisor's home by a

direct route; and

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(e) submit a copy of the warning to the Ganado Police Department which shall

send a letter by certified mail, return receipt requested, to the parent of the

minor advising of the fact that the minor has been accused of being in

violation of this ordinance .~

(C) A police officer, who has probable cause to believe that a minor is in violation of

1.2102, who has previously received two (2) written warnings for violating this

ordinance within the previous twelve (12) months, shall:

(a) ascertain the name and address of the minor;

(b) ascertain the name and address of the minor's parent(s);

(c) take the minor into temporary custody and inform the minor's parent(s) or

legal guardian(s) or authorized adult supervisor(s) of minor's whereabouts

and ask them to pick up the minor;

(d) issue to the minor a Municipal Court misdemeanor citation.

Sec. 1.2105: Penalties.

(A) Any minor who violates Sec. 1.2102(C) of this ordinance two or more times within

a 24 month period shall be subject to appropriate action by a juvenile court in

accordance with Chapters 51 and 52 of the Texas Family Code.

(B) As to any violation which occurs under Sec. 1.2104(C) of this ordinance, and for

which a misdemeanor citation has been issued, the following penalties may be

assessed:

(a) As to a minor who violates this section, it shall be unlawful to intentionally,

knowingly, recklessly or with criminal negligence violate this ordinance.

Such violation shall be a Class C misdemeanor and punishable by a fine not

to exceed five hundred dollars ($500.00);

(b) As to parents, guardians, or other adults selected by the parent or legal

guardian to supervisor the minor, it shall be unlawful to intentionally,

knowingly, recklessly, or with criminal negligence allow or permit the minor

to violate this ordinance. Such violation shall be a Class C misdemeanor

and punishable by a fine not to exceed five hundred dollars ($500.00).

Sec. 1.2106: Severability Clause.

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If any portion of this ordinance is held unconstitutional by a court of competent jurisdiction, the

remaining provisions hereof shall nevertheless be valid, the same as if the portion or portions held

unconstitutional had not been adopted.

(Ordinance No. 340 of February 10, 2004)

Sec. 1.2200: Tax Abatement in Reinvestment Zones

AN ORDINANCE CREATING REINVESTMENT ZONE NO.

2, SAME BEING A 300' X 300' TRACT OF LAND, DESIGNATED "HOSPITAL BLOCK" AS SHOWN ON THE MAP OR PLAT OF THE S.A. MENEFEE ADDITION TO

THE TOWN OF GANADO, JACKSON COUNTY, TEXAS AS RECORDED IN VOL. T, PAGE 278 OF THE DEED RECORDS OF JACKSON COUNTY, TEXAS; MAKING CERTAIN FINDINGS; REPEALING ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERABILITY.

WHEREAS, City Council has passed and approved Guidelines and Criteria for Granting Tax Abatement in Reinvestment Zones Created in the City of Ganado, Texas; and WHEREAS, pursuant to such Guidelines, the City Council has

received an application for creation of a reinvestment zone and the granting of tax abatement; and WHEREAS, after giving of proper notice, as required by law, the City Council held a public hearing where all interested persons were given an opportunity to speak and present evidence for and against the creation of Reinvestment Zone No. 2; and WHEREAS, notice was given to all taxing entities where the proposed zone is to be located; and WHEREAS, City Council has determined that the improvements sought to be located in proposed Reinvestment Zone No. 2 are feasible and practical and would be a benefit to the land to be

included in the Zone and to the City after the expiration of the tax abatement agreement; and WHEREAS, the creation of Reinvestment Zone No. 2 will be reasonably likely, as a result of its creation, to contribute to the retention or expansion of primary employment or to attract major investment into the Zone that would benefit the property located herein and that will contribute to the economic

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development of the City of Ganado; and

WHEREAS, upon motion made and passed, the requirement and formality of three (3) readings of this ordinance is eliminated, one reading thereof being deemed to be sufficient; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GANADO, TEXAS: (1) The facts and matters set forth in the preamble of this

Ordinance are hereby found to be true and correct. (2) Reinvestment Zone No. 2 is hereby created for the

purposed of encouraging economic development through tax abatement. A description of the property which comprises said Reinvestment Zone No. 2 is a 300' x 300' tract of land designated "Hospital Block" as shown on

the map or plat of the S.A. Menefee Addition to the Town of Ganado, Jackson County, Texas as recorded in Vol. T, Page 278 of the Deed Records of Jackson County, Texas. Improvements, constructed, erected, or placed within Reinvestment Zone No. 2 as created hereby shall be eligible for commercial-industrial tax abatement.

(3) This designation shall be effective for a period of

five (5) years, commencing on the date of adoption hereof, or until the applicable tax abatement agreement has expired under its own terms and provisions, whichever event occurs first.

(4) All ordinances or parts of ordinances inconsistent or

in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed.

(5) In the event any clause, phrase, provision, sentence,

or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part of provision hereof other than the part declared to be invalid or unconstitutional; and the City Council for the City of Ganado, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be

invalid or unconstitutional, whether there be one or more parts.

(ORDINANCE NO. 380 PASSED APPROVED AND ADOPTED this 26th day of May, 2009)

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WHEREAS, City Council has passed and approved Guidelines and Criteria for Granting

Tax Abatement in Reinvestment Zones Created in the City of Ganado, Texas; and

WHEREAS, pursuant to such Guidelines, the City Council has received an application for

creation of a reinvestment zone and the granting of tax abatement; and

WHEREAS, after the giving of proper notice, as required by law, the City Council held a

public hearing where all interested persons were given an opportunity to speak and present evidence

for and against the creation of Reinvestment Zone No. 1; and

WHEREAS, notice was given to all taxing entities where the proposed zone is to be

located; and

WHEREAS, City Council has determined that the improvements sought to be located in

proposed Reinvestment Zone No. 1 are feasible and practical and would be a benefit to the land to

be included in the Zone and to the City after the expiration of the tax abatement agreement; and

WHEREAS, the creation of Reinvestment Zone No. 1 will be reasonably likely, as a result

of its creation, to contribute to the retention or expansion of primary employment or to attract major

investment into the Zone that would benefit the property located therein and that will contribute to

the economic development of the City of Ganado; and

WHEREAS, upon motion made and passed, the requirement and formality of three (3)

readings of this ordinance is eliminated, one reading thereof being deemed to be sufficient; NOW

THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GANADO,

TEXAS:

(A). The facts and matters set forth in the preamble of this ordinance are hereby found to

be true and correct.

(B). Reinvestment Zone No. 1 is hereby created for the purpose of encouraging

economic development through tax abatement. A description of the property which comprises said

Reinvestment Zone No. 1 is attached hereto as Exhibit "A" and made a part hereof for all purposes.

Improvements constructed, erected, or

(C). This designation shall be effective for a period of five (5) years, commencing on the

date of adoption hereof.

(D). All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the

extent of such inconsistency or conflict, hereby repealed.

(E) In the event any clause, phrase, provision, sentence, or part of this Ordinance or the

application of the same to any person or circumstance shall for any reason be

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adjudged invalid or held unconstitutional by a court of competent jurisdiction, it

shall not affect, impair, or invalidate this Ordinance as a whole or any part or

provision hereof other than the part declared to be invalid or unconstitutional; and

the City Council of the City of Ganado, Texas, declares that it would have passed

each and every part of the same notwithstanding the omission of any such part thus

declared to be invalid or unconstitutional, whether there be one or more parts.

EXHIBIT A

Metes and bounds description of a 44.54 acre tract out of a 48.742 acre parcel as recorded in

Volume 769, Page 118 of the Jackson County Deed Records, being situated in the JOHN DAVIS

SURVEY, Abstract 16, Jackson County, Texas. Said tracts or parcel of ground also being part of a

48.742 acre tract recorded in Volume 769, Page 188, among the Deed Records of Jackson County,

Texas and being more particularly described by metes and bounds as follows:

TRACT ONE:

COMMENCING at a 5/8 inch iron rod found in the south line of the South access land to State

Highway No. 59 (frontage road for the northwest corner of the herein described 11.40 acres, also

being the northeast corner of a 4.00 acre tract recorded in a Deed from Texas A & M University

Development Foundation to Billy's Lease Service, Inc. recorded in Volume 22, Page 661 of the

Official Records of Jackson County, Texas;

THENCE with the existing south line of said State Highway No. 59 the following 6 courses:

N 64 deg 45 min 07 sec E, 150.35 feet to a 5/8 inch iron set;

N 66 deg 34 min 54 sec E, 121.78 feet to a 5/8 inch rod set;

N 70 deg 04 min 07 sec E, 91.15 feet to a 5/8 inch iron rod set, replacing a broken T>H>D>

concrete monument found;

THENCE by a curve to the right having a radius of 3769.12 feet, an arc of 1263.50 feet and a chord

of N 81 deg. 02 min 27 sec E, 1257.59 feet to a 5.8 inch iron rod set;

THENCE S 89 deg 21 min 20 sec E, 544.07 feet to a 5.8 inch iron rod set, replacing broken T.H.D.

concrete monument found;

THENCE by a curve to the right having a radius of 1859.86 feet, an arc of 36.60 feet and a chord

of S 88 deg 47 min 31 sec E, 36.60 feet to a 5/8 inch iron set in the center of a drainage ditch at the

POINT OF BEGINNING of this description;

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THENCE still with the existing south line of said Highway No. 59 the following 4 courses;

by a curve to the right having a radius of 1859.56 feet, an arc of 264.66 feet and a chord of S 84 deg

09 min 06 sec. E, 264.44 feet to a 5/8 inch iron rod set, replacing a broken T.H.D. concrete

monument found;

THENCE S 89 deg 21 min 20 sec E, 425.00 feet to a T.H.D. concrete monument found;

THENCE S 45 deg 48 min 14 sec E, 72.48 feet to a 5/8 inch iron rod set in the west line of Airport

Road;

THENCE S 02 deg 14 min 43 sec E, 25.37 feet with the west line of said Airport Road to a 5/8 inch

iron rod set;

THENCE S 25 deg 25 min 50 sec W, 88.57 feet to a 5/8 inch iron rod set in the northwest line of

Old Highway No. 59 (Loop 522);

THENCE S 53 deg 28 min 27 sec W, 757.06 feet with the northwest line of said Old Highway No.

59 to a 5/8 inch iron rod set at the intersection of the north line of Mauritz Avenue as shown on a

plat of the North Ganado Addition as recorded in Volume V, Page 179 of said Deed Records;

THENCE S 87 deg 22 min 20 sec W, 381.41 feet with the north line of said Mauritz Avenue to a

5.8 inch iron rod set in the center of said drainage ditch:

THENCE n 02 DEG 27 MIN 14 SEC w, 685.50 feet across said 46.742 acre tract and with the

center of said drainage ditch to the POINT OF BEGINNING, CONTAINING 11.40 ACRES OF

LAND.

Bearings based on Volume 22, Page 661 of the Official Records.

TRACT TWO:

BEING a 33.05 acre tract or parcel of ground being situated in the JOHN DAVIS SURVEY,

Abstract 18, Jackson County, Texas. Said tract of parcel of ground also being part of a 48.742 acre

tract recorded in Volume 769, Page 188 among the Deed Records of Jackson County, Texas and

being more particularly described by metes and bounds as follows, to-wit:

BEGINNING at a 5.8 inch iron rod found in the south line of the south access lane to State

Highway 59 (frontage road) for the northwest corner of the herein described 33.05 acres, also being

in the northeast corner of a 4.00 acre tract recorded in a deed from Texas A & M University

Development foundation to Billy's Lease Service, Inc. recorded in Volume 22, Page 661 of the

Official Records of Jackson County, Texas;

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THENCE with the existing south line of said State Highway No. 59 the following 6 courses;

N 64 deg 45 min 07 sec E, 150.35 feet to a 5/8 inch iron rod set;

N 66 deg 34 min 54 sec E, 121.78 feet to a 5.8 inch iron rod set;

N 70 deg 04 min 07 sec E, 91.15 feet to a 5/8 inch iron rod set, replacing a broken T.H.D. concrete

monument found;

THENCE by a curve to the right having a radius of 3769.12 feet, an arc of 1263.50 feet and a chord

of N 81 eg 02 min 27 sec E, 1257.59 feet to a 5.8 inch iron rod set;

THENCE S 89 deg 21 min 20 sec E, 544.07 feet to a 5/8 inch iron rod set, replacing a broken

T.H.D. concrete monument found;

THENCE by a curve to the right having a radius a 1859.86 feet, an arc of 36.60 feet and a chord of

S 88 deg 47 min 31 sec E, 36.60 feet to a 5/8 inch iron rod set in the center of the drainage ditch;

THENCE S 02 deg 27 min 14 sec E, 685.50 feet across said 48.742 acre tract and with the center of

said drainage ditch to a 5/8 inch iron rod set;

THENCE S 87 deg 22 min 20 sec W, 2168.31 feet with the north line of Mauritz Avenue to a 5/8

inch iron rod found at the southeast corner of said 4.00 acre tract;

THENCE N 02 deg 29 min 20 sec W, 452.16 feet with the east line of said 4.00 acre tract to the

POINT OF BEGINNING, CONTAINING 33.05 acres of land.

Bearings based on Volume 22, Page 661 of the Official Records.

(Ordinance No. 293 of March 9, 1999.)

ARTICLE 1.2300 MUNICIPAL COURT TECHNOLOGY FUND

Article 102.0172 of the Code of Criminal Procedure provides for the establishment of a Municipal Court Technology Fund.

Sec. 1.2301 Establishment of Municipal Court Technology Fund (A). There is hereby created and established a Municipal

Court Technology Fund, here-in-now known as the Fund, pursuant to Article 102.0172 of the Code of Criminal

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Procedure.

(B). The Fund may be maintained in an interest bearing

account and may be maintained in the general revenue account.

Sec. 1.2302. Establishment of Amount of the Fee and Assessment and Collection (A). The fee shall be in the amount of Four and no/100

Dollars ($4.00). (B). The fee shall be assessed and collected from the

defendant upon conviction for a misdemeanor offense in the Municipal Court as a cost of court. A defendant is

considered convicted if: (1) a sentence is imposed on the person. (2) the person is placed on community supervision, including deferred adjudication community supervision; or (3) the court defers final disposition of the person's

case. (C). The fee shall be collected on conviction for an offense

committed on or after September 1, 1999. (D). The clerk of the court shall collect the fee made

payable to the City of Ganado Municipal Court, who

shall deposit the fee into the Municipal Court Technology Fund.

Sec. 1.2303 Designated Use of the Fund and Administration (A). The Fund shall be used only to finance the purchase of

technological enhancements for the Municipal Court of the City of Ganado, Texas, including:

(1) computer systems; (2) computer networks; (3) computer hardware; (4) computer software; (5) imaging systems; (6) electronic kiosks;

(7) electronic ticket writers; or (8) docket management systems. (B). The Fund shall be administered by or under the

direction of the City Council of the City of Ganado. Sec. 1.2304 Severability

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If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this ordinance or the application thereby shall remain in effect, it being the intent of the City Council of the City of Ganado, Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or provision.

Sec. 1.2305. Repealing Conflict

All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed to the extent of conflict with this ordinance.

Sec. 1.2306. Publishing and Effective Date

This ordinance shall be published in accordance with the requirement of publishing all ordinances and becomes effect in accordance with state law upon passage, but no earlier than September 1, 1999.

Sec. 2307. Expiration and Administration of Fund

In accordance with Article 102.0172 of the Code of Criminal Procedure, this ordinance and the assessment and collection of the Municipal Court Technology fee expires September 1, 2005. The purpose of the use of any funds remaining in the Fund shall continue to be used and administered as required by this ordinance and for that purpose this ordinance remains in effect.

Ordinance no. 312 May 9, 2000. ARTICLE 1.2400; PROHIBITING UNREASONABLE

NOISE Section 1.2401 Unreasonable Noise Prohibited

The creation of any unreasonably, loud, offensive or disturbing noise in the city is hereby prohibited. Noises of such character, intensity, and duration as to be detrimental to either the life, health, or safety of an ordinary reasonable person are hereby prohibited.

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Section 1.2402. Specific Noises Enumerated

The following acts, among others, are declared to be loud, offensive or disturbing, noises in violation of this section; provided, however, that such enumeration shall not be construed to be exclusive to other noises, to-wit:

(a) Radios, Television, Phonographs, and Musical

Instruments: The playing of any radio, television, phonograph, or any musical instrument in such a manner, or with such volume--particularly between the hours of 10:00 p.m. and 7:00 a.m.-- so as to create a noise such as reasonably calculated to disturb or offend a person of ordinary disposition under the same or similar

circumstances, residing in a dwelling or other type of residence in the vicinity, shall be deemed a violation of this section if said noises are detrimental to either the life, health or safety of an ordinary reasonable person.

(b) Automobiles and Motorcycles--The use of any

automobile, motorcycle, or other vehicle operated in such a manner as to create loud or disturbing noises (such as spinning or squealing tires, grating, grinding, rattling or other noises) shall be deemed a violation of this section if said noises are detrimental to either the life, health or safety of an ordinary reasonable person.

Ordinance no.313 May 9, 2000.

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INDEX

CHAPTER 1 GENERAL PROVISIONS

Article 1.100: Code of Ordinances 1-2

Sec. 1.101 How Code Designated and Cited 1-2

Sec. 1.102 Catch-lines of Articles, Section and Subsections 1-2

Sec. 1.103 Definitions and Rules of Construction 1-2

Sec. 1.104 Amendments or Additions to Code 1-5

Sec. 1.105 General Penalty for Violations of Code 1-6

Sed.1.106 Severability of Parts of Code 1-6

Article 1.200: Sales Tax 1-6

Sec. 1.201 Sales Tax Adopted 1-6

Sec. 1.202 Sales Tax Retained On Residential Gas and Electricity 1-6

Sec. 1.203 Sales Tax on Telecommunications Services 1-7

Sec. 1.204 Additional ½ Cent Sales and Use Tax With-in the

City Limits: Creation of Development Corporation:

Collected by State Comptroller 1-7

Article 1.300: Street Rental Charges 1-8

Sec. 1.301 Authorization and Amount Specified 1-8

Sec. 1.302 Reporting Gross Receipts 1-8

Sec. 1.303 Examination of Records 1-9

Sec. 1.304 Receipts for Payment 1-9

Sec. 1.305 Charges not Considered Taxes 1-9

Sec. 1.306 Compliance with Other Laws and Ordinances 1-9

Sec. 1.307 Franchise Not Granted 1-9

Article 1.400: Fiscal Year 1-9

Article 1.500: Official Newspaper 1-10

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Article 1.600: Form of Government 1-10

Sec.1.601 City Council 1-10

Sec.1.602 Election System 1-11

Article 1.700: Elections 1-11

Sec. 1.701 Candidates Election Information 1-11

Sec. 1.702 Election Precinct 1-12

Sec. 1.703 City Secretary Authorized and Instructed 1-12

Sec. 1.704 Person sAppointed to hold Election 1-12

Sec. 1.705 Polling Place 1-12

Sec. 1.706 City Secretary Appointed Clerk for Absentee Voting 1-12

Sec. 1.707 Election Held in Accordance with Election Code 1-12

Sec. 1.709 Mayor Certifies Election Held Within Code 1-12

Article 1.800: Annual Budget 1-13

Sec. 1.801 Budget Officer 1-13

Sec. 1.802 Budget Required 1-13

Sec. 1.803 Budget Content 1-13

Sec. 1.804 Budget Cooperation Required 1-13

Sec. 1.805 Budget – Time of Filing 1-13

Sec. 1.806 Budget Public Inspection 1-14

Sec.1.807 Budget – Public Hearings and Filling with County

and State 1-14

Sec. 1.808 Audit 1-14

Article 1.900: Audit 1-14

Article 1.1000: Property Taxes 1-14

Sec. 1.1001 Authority to Levy 1-14

Sec. 1.1002 Homestead Exemption 1.14

Sec. 1.1003 Additional Delinquent Tax Collection Penalty 1-15

Sec. 1.1004 Taxation of Freeport Goods 1-15

Article 1.1100: Records Management 1-15

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Sec. 1.1101 Definition of the City of Ganado Records 1-16

Sec. 1.1102 Additional Definitions 1-16

Sec. 1.1103 Records Declared Public Record 1-17

Sec. 1.1104 Policy 1-17

Sec. 1.1105 Designation of Records Management Officer 1-17

Sec. 1.1106 Records Management Plan to be Developed;

Approval of Plan; Authority of Plan 1-18

Sec. 1.1107 Duties of Records Management Officer 1-18

Sec.1.1108 Duties and Responsibilities of Department Heads 1-19

Sec.1.1109 Records Control Schedules to be Developed,

Approved; Filed with the State 1-20

Sec. 1.1110 Implementation of Records Control Schedules;

Destruction of Records Under Schedule 1-21

Sec, 1.1111 Destruction of Unscheduled Records 1-21

Sec. 1.1112 Records Center 1-21

Article 1.1200: Misdemeanors Under State Law 1-21

Article 1.1300: Public Intoxication 1-22

Sec. 1.1301 Individual Commits Public Intoxication 1-22

Sec. 1.1302 Public Place 1-22

Sec. 1.1303 Defense to Prosecution 1-22

Article 1.1400: City Liability; Procedures 1-22

Sec. 1.1401 Notice Required 1-22

Sec. 1.1402 Application to City Council 1-23

Sec. 1.1403 Serving and Effective Date of Notice 1-23

Sec. 1.1404 Provisions to be Waived 1-23

Sec. 1.1405 Verification of Notice 1-24

Article 1.1500: Weapons and Firearms 1-24

Sec. 1.1501Discharge of Guns, Firearms, BB Guns and

Pellet Guns; Prohibited; Exception; Penalty 1-24

Sec. 1.1502 Throwing Missiles 1-24

Sec. 1.1503 Penalty 1-25

Article 1.1600: Devers Creek Park 1-25

Article 1.1700: Hotel Occupancy Tax 1-25

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Sec, 1.1701 Definitions 1-25

Sec. 1.1702 Tax Levied; Amount; /Exemptions 1-26

Sec. 1.1703 Collection of Taxes 1-27

Sec. 1.1704 Quarterly Report to Tax Assessor Collector 1-27

Sec. 1.1705 Rules and Regulations of Tax Assessor-Collector

Access to Books and Records 1-27

Sec.1.1706 Penalties 1-27

Sec.1.1707 Additional Penalties 1-28

Sec. 1.1708 Additional Authorization to Bring Suit 1-28

Sec. 1.1709 Use of Revenue Derived from Levy of

Hotel Occupancy Tax 1-28

Sec. 1.1710 Administrative Requirements; Accountability;

Keeping of Records 1-29

Sec. 1.1711 Effective Date 1-30

Article 1.1800: Annexation 1-30

Sec. 1.1801 Annexation of 29.50 Acres in the William Menefee

League, A-53, Jackson County into the City Limits 1-30

Article 1.1900: Volunteer Fire Department 1-32

Sec. 1.1901 Volunteer Dire Department Reports to the City 1-32

Article 1.2000: Emergency Medical Services 1-32

Sec. 1.2001 Organization 1-33

Sec. 1.2002 Emergency Management Director/Powers and Duties 1-34

Sec. 1.2003 Emergency Management Plan 1-35

Sec. 1.2004 Inter-jurisdictional Program 1-35

Sec. 1.2005 Override 1-36

Sec. 1.2006 Liability 1-36

Sec. 1.2007 Commitment of Funds 1-36

Sec. 1.2008 Offenses; Penalties 1-36

Sec. 1.2009 Severability 1-37

Sec. 1.2010 Limitations 1-37

Sec. 1.2011 Repealer 1-37

Article 1.2100: Juvenile Curfew 1-37

Sec.1.2101 Definitions 1-38

Sec.1.2102 Offenses 1-38

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Sec.1.2103 Defenses 1-39

Sec.1.2104 Enforcement 1-40

Sec.1.2105 Penalties 1-41

Sec.1.2106 Severability Clause 1-42

Article 1.2200 Tax Abatement in Reinvestment Zones 1-42

Article 1.2300 Municipal Court Technology Fund 1-46

Sec. 1.2301 Establishment of Municipal Court Technology Fund 1-46

Sec. 1.2302 Establishment of Amount of the Fee and

Assessment and Collection 1-46

Sec. 1.2303 Designated Use of the Fund and Administration 1-46

Sec. 1.2304 Severability 1-47

Sec. 1.2305 Repealing Conflict 1-47

Sec. 1.2306 Publishing and Effective Date 1-47

Sec. 1.2307 Expiration and Administration of Fund 1-47

Article 1.2400 Prohibiting Unreasonable Noise 1-48

Sec.1.2401 Unreasonable Noise Prohibited 1-48

Sec. 1.2402 Specific Noises Enumerated 1-48

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CHAPTER 2 Index

ANIMAL CONTROL

Article 2.100: Definitions 2-2

Article 2:200: Enforcement of Animal Control Regulations 2-3

Article 2.300: Animals Running At Large 2-3

Article 2.400: Animal Vaccinations 2-4

Sec. 2.401 Vaccination Requirements 2-4

Sec. 2.402 Administration of Vaccination by Veterinarian

and Tagging Requirements 2-4

Article 2.500: Rabies Control 2- 5

Sec. 2.501 Reporting of Suspected Rabies 2-5

Sec. 2.502 Authority to Quarantine 2-5

Sec. 2.503 Animals Subject to Quarantine for Biting 2-5

Sec. 2.504 Disposition of Animals Exposed to Rabies 2-6

Sec. 2.505 Quarantine Procedures for Animals 2-6

Article 2.600: Nuisance 2- 7

Article 2.700: Abandoning Animals 2- 7

Article 2.800: Guard Dogs 2- 7

Article 2.900: Vicious Animals 2- 7

Sec. 2.901 Animals Running at Large 2-8

Sec.2.902 City May Kill Rabid or Dangerous Dogs 2-8

Sec.2.903 Owner Must Report dispose of Animal 2-8

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Article 2.1000: Regulation of Dangerous Dogs 2- 8

Sec.2.1001 Definitions 2-8

Sec.2.1002 Requirements for Owner of Dangerous Dog 2-9

Sec.2.1003 Registration 2-10

Sec.2.1004 Attack by Dangerous Dog 2-11

Sec.2.1005 Violations 2-11

Sec.2.1006 Defense 2-11

Article 2.1100: Impounded Animals 2-12

Sec. 2.1101 Impoundment 2-12

Sec. 2.1102 Animal Shelter 2-12

Sec. 2.1103 Removal of Animals From Animal Shelter 2-12

Sec. 2.1104 Disposition of Impounded Animals 2-12

Sec. 2.1105 Disposition of Impounded Animal Held of Complaint 2-14

Sec. 2.1106 Disposition of Diseased Animals 2-14

Article 2.1200: Pet Care 2-1

Sec.2.1201 Unlawful to Not Provide for Adequate Care and

Shelter for Animals 2-15

Sec. 2.1202 Abusing Animals or Instigating Animal Fights

Prohibited 2-15

Sec. 2.1203 Abandoning Animals Prohibited 2-15

Sec. 2.1204 Vehicle Operators to Stop Upon Striking Animal,

Sec. 2.1205 Render Assistance, and Then Report Such Incident 2-15

Article 2.1300: Animal Health/Control Officer 2-15

Article 2.1400: Wild Animal Regulations 2-15

Sec. 2.1401 Defined 2-15

Sec. 2.1402 Confinement Required 2-15

Sec. 2.1403 Permit Required 2-16

Sec. 2.1404 Inspections 1-16

Sec.2.1405 Number of Dangerous Animals Limited 2-17

Sec.2.1406 Exceptions 2-17

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Article 2.1500: Definition of Livestock, Swine and Fowl 2-20

Article 2.1600: Livestock/Fowl Permit Required 2-20

Article 2.1700: Livestock Fowl Permit Application; Procedure 2-20

Article 2.1800: Livestock Permit Fee 2-21

Article 2.1900: School/County Fair Projects – Temporary Permits 2-21

Article 2.2000: Unlawful for Livestock and Fowl to Wander At Large 2-22

Article 2.2100: Swine Prohibited 2-22

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CHAPTER 2

ARTICLE 2.100 DEFINITIONS

When used in this chapter the following words and terms, unless the context indicates a different

meaning, shall be interpreted as follows:

(A) At large shall mean off the premises of the owner and not under control of the

owner, or other person authorized by the owner to care for the animal, either by

leash, cord, chain, or otherwise.

(B) Cat shall mean any male or female cat belonging to the felis catus species.

(C) Dog shall mean either male or female dog belonging to the ganis familaris species.

(D) Humanely destroy means to cause the death of an animal by a method which rapidly

produces unconsciousness and death without visible evidence of pain or distress or

utilizes anesthesia produced by an agent which causes painless loss of consciousness

and death following such loss of consciousness.

(1) No person may put to death a dog, cat, or other small animal in the custody

of an animal shelter by shooting, except in emergency field conditions, by

clubbing, or by administering any of the following substances:

(i) Unfiltered or uncooled carbon monoxide;

(ii) Curariform drugs, including curare, succinylcholine, pancuronium,

glyceryl fenesin, used alone;

(iii) Magnesium salts, used alone;

(iv) Chloral hydrate;

(v) Nicotine; or

(vi) Strychnine.

(E) Animal Health/Control Officer shall mean any qualified person appointed by the

mayor and approved by the city commission to receive reports of animal bites,

investigate bite reports, insure quarantine of possibly rabid animals, and otherwise

carry out provisions of the Texas law pertaining to control and eradication of rabies.

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(F) Owner shall mean any person, firm, or corporation owning, keeping, or harboring

any animal.

(G) Business day shall mean any day that the city hall is open to the general public for

the conducting of all city business.

(H) Stray animal shall mean any animal for which there is no identifiable owner or

harborer.

(I) Vicious animal shall mean any individual animal that has on two (2) previous

occasions without provocation attacked or bitten any person or other animal or any

individual animal or species of animal which the animal health/control officer has

reason to believe has a dangerous disposition likely to be harmful to humans or

other animals.

(J) Vaccination means properly injected with rabies vaccine licensed for use in that

species by the United States Department of Agriculture and administered by a

legally licensed veterinarian.

(K) Wild animal shall include all species of animals which commonly exist in a natural,

unconfined state and are usually not domesticated. This shall apply regardless of

state or duration of captivity.

ARTICLE 2.200 ENFORCEMENT OF ANIMAL CONTROL REGULATIONS

The animal health/control officer or any police officer of the city shall have the right to enforce any

of the provisions of this chapter.

ARTICLE 2.300 ANIMALS RUNNING AT LARGE

It shall be unlawful for any person owning, keeping, or having in his possession or control any

animal, reptile or fowl including a dog or cat, to allow such animal, reptile or fowl to run at large

upon the streets, sidewalks, or public grounds of the city or to allow any animal, reptile or fowl to

run at large upon or about the residence, lots or lands of any person other than the owner of such

animal, reptile, or fowl. Any animal, reptile or fowl on the streets, sidewalks, or public grounds of

the city or on the residence lots or lands of any person other than the owner of the animal, reptile or

fowl shall be considered to be at large in violation of this section, except that a dog or cat under the

control of a person by means of a chain, rope, cord or leash of not more than ten (10) feet in length

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and of sufficient strength to control the action of the dog or cat shall not be deemed to be running at

large or otherwise is at all times within ten (10) feet of its owner and under his or her direct and

complete control.

ARTICLE 2.400 ANIMAL VACCINATIONS

Sec. 2.401: Vaccination requirement.

Every owner of a dog or cat shall have their dog or cat vaccinated against rabies by the time it is six

(6) months of age and it shall also be vaccinated one (1) year later and every three (3) years

thereafter. Any person moving into the City shall comply with this requirement within ten (10)

days after having moved into this City. If the dog or cat has inflicted a bite on any person or other

animal within the last ten (10) days before the vaccination is to be administered, the owner of said

dog or cat shall report such fact to their veterinarian who is going to administer such rabies vaccine

and such rabies vaccine shall then not be administered until after a ten (10) day observation period.

(Ordinance No. 336 amended July, 2003)

Severability Clause

If any portion of this ordinance is held unconstitutional by a court of competent jurisdiction,

the remaining provisions hereof shall nevertheless be valid, the same as if the portion or portions

held unconstitutional had not been adopted.

Sec. 2.402: Administration of Vaccination by Veterinarian and Tagging Requirements.

Rabies vaccinations shall only be given by a duly licensed and practicing veterinarian and, upon

vaccination, the veterinarian shall execute and furnish to the owner of the dog or cat as evidence of

such vaccination, a certificate and metal tag.

(A) Such certificate shall at least contain the following information:

(1) Owner's name, address, and telephone number;

(2) The date of vaccination;

(3) The type of rabies vaccine used, producer, expiration date, and serial

number;

(4) The year and number of rabies tag; and

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(5) A description of the dog or cat.

(B) Concurrent with the issuance and delivery of the certificate of vaccination, the

veterinarian shall also issue a metal tag, serially numbered to correspond with the

vaccination certificate number and bearing the year of issuance and the name of the

issuing veterinarian and his address. The owner of such dog or cat shall cause the

metal vaccination tag to be attached to a collar to be worn by his dog or cat at all

times.

(C) In the event of loss or destruction of the original tag or certificate, the owner shall

obtain a duplicate tag or certificate from the veterinarian.

(D) It shall be unlawful for any person to willfully take from any animal not his own any

collar or metal vaccination tag.

(E) It shall also be unlawful for any person who owns or harbors a vaccinated dog or cat

to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to

any person charged with the enforcement of this section.

ARTICLE 2.500 RABIES CONTROL

Sec. 2.501: Reporting of Suspected Rabies.

Any person having knowledge of the existence of any animal known to have been, or suspected of

being, exposed to rabies or having knowledge of an animal bite or scratch to an individual that the

person could reasonably foresee as capable of transmitting rabies must report such knowledge or

incident to the police department or animal health/control officer as soon as possible and in no case

longer than twenty-four (24) hours from the time of the incident.

Sec. 2.502: Authority to Quarantine.

The animal health/control officer, any police officer or the local health authority shall have the

authority to order the quarantine of animals responsible for bite incidents or suspected of having

any zoonotic disease considered to be a hazard to human population or other animals.

Sec. 2.503: Animals Subject to Quarantine for Biting.

When a dog or cat which has bitten or scratched a human or attacks another animal has been

identified, the owner will be required to place the animal in quarantine as prescribed in subsection E

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of this section to determine whether such dog or cat has been exposed to rabies. Any unclaimed

animal may be destroyed for rabies diagnosis prior to the end of this observation period after at least

three (3) days confinement.

Sec. 2.504: Disposition of Animals Exposed to Rabies.

For any animal known to have been, or suspected of being, exposed to rabies, the following rules

must apply:

(A) Animals having a current vaccination must be revaccinated immediately and

confined according to the method prescribed by the animal health/control officer for

a period of not less than forty-five (45) days.

(B) Animals not having a current vaccination should be humanely destroyed. However,

if the owner of such an animal elects, he may, at his expense and in a manner

prescribed by the animal health/control officer, confine said animal. Such animal

must be vaccinated immediately following exposure and quarantined for not less

than ninety (90) days. A revaccination shall be done one month prior to release

from quarantine.

Sec. 2.505: Quarantine Procedures for Animals.

(A) When a dog or cat which has bitten a human has been identified, the owner will be

required to produce the animal for ten (10) days confinement at the owner's expense.

Refusal to produce said dog or cat constitutes a violation of this section and each

day of such refusal constitutes a separate and individual violation. The ten (10) day

observation period will begin on the day of the bite incident. The animal must be

placed in the animal control facilities or a veterinary hospital approved for that

purpose by the animal health/control officer. However, the owner of the animal may

request permission from the animal health/control officer for home quarantine if the

following criteria can be met:

(1) Secure facilities must be available at the home of the animal's owner and

must be approved by the animal health/control officer.

(2) The animal is currently vaccinated against rabies.

(3) The animal health/control officer or a licensed veterinarian must observe the

animal at least on the first and last days of the quarantine period. If the

animal becomes ill during the observation period, the local health authority

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must be notified by the person having possession of the animal. At the end

of the observation period the release from quarantine must be accomplished

in writing.

(4) The animal was not in violation of any laws at the time of the bite.

(5) If the biting animal cannot be maintained in secure quarantine it shall be

humanely destroyed and the brain submitted to a TDH certified laboratory

for rabies diagnosis.

(B) No wild or exotic animal will be placed in quarantine. All wild or exotic animals

will be humanely destroyed in such a manner that the brain is not mutilated. The

brain will then be submitted to a laboratory certified for rabies diagnosis in order, to

be tested.

ARTICLE 2.600 NUISANCE

It shall be unlawful for any owner to harbor any dog, cat or other pet animal which by any long

continued noise, cry or other activity shall disturb the peace, or comfort, sensibilities and/or

property of the inhabitants of the neighborhood. Such disturbance is hereby declared to be a public

nuisance and a violation of this chapter.

ARTICLE 2.700 ABANDONING ANIMALS

It is hereby prohibited and shall be unlawful for any person to willfully abandon any animal, or to

withhold food or water from any animal such that its health is endangered or it is caused to suffer

unduly.

ARTICLE 2.800 GUARD DOGS

It shall be unlawful to place or maintain any dog which has been specifically trained to attack in any

area for the protection of persons or property unless the dog is physically confined to a specific area

or is under complete and absolute control. The area of premises in which a guard dog is confined

must be conspicuously posted with warning signs bearing letters not less than two (2) inches high.

ARTICLE 2.900 VICIOUS ANIMALS

Sec. 2.901: Animals Running at Large .

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It shall be unlawful for any person to allow an animal with vicious propensities to run at large or

allow such animal off the owner's premises even if said animal is securely leashed and in control of

a person of suitable age and discretion to control or restrain the animal. Any such person found in

violation of this subsection may be ordered to take such animal permanently from the city. The

animal control officer or any police officer shall be authorized to obtain a search warrant if there is

reason to believe that an animal ordered removed from the city for being vicious has not been

removed.

Sec. 2.902: City May Kill Rabid or Dangerous Dogs.

The animal health/control officer or any policeman of the city shall have the right to shoot or kill

any rabid animal or an animal in the streets which shall manifest a disposition to bite or render

himself inaccessible to impounding.

Sec. 2.903: Owner Must Report Dispose of Animal.

(A) The owner or person having care, custody or control of a vicious animal must report

the disposition and relocation of such animal to the police chief and animal

health/control officer in writing, within ten (10) days after the expiration date for

removal of such animal from the city. Each day thereafter such information is not

provided shall constitute a separate offense.

(B) If the owner or person having care, custody or control of a vicious animal fails to

remove such animal as provided for in this section, such animal may be impounded

and/or destroyed.

ARTICLE 2.1000 REGULATION OF DANGEROUS DOGS*

Sec. 2.1001: Definitions.

(A) "Animal control authority" means a municipal animal control office with authority

over the area where the dog is kept.

(B) "Dangerous dog" means a dog that:

(1) makes an unprovoked attack on a person that causes bodily injury and

occurs in a place other than an enclosure in which the dog was being kept

and that was reasonably certain to prevent the dog from leaving the

enclosure on its own; or

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(2) commits unprovoked acts in a place other than an enclosure in which the

dog was being kept and that was reasonably certain to prevent the dog from

leaving the enclosure on its own and those acts cause a person to reasonably

believe that the dog will attack and cause bodily injury to that person.

(C) "Dog" means a domesticated animal that is a member of the canine family.

(D) "Secure enclosure" means a fenced area or structure that is:

(1) Locked;

* State Law reference - Authority of city to regulate the keeping of dangerous dogs, V.T.C.A. Health & Safety Code, ch.

822, subchapter D. (2) capable of preventing the entry of the general public, including children;

(3) capable of preventing the escape or release of a dog;

(4) clearly marked as containing a dangerous dog; and

(5) in conformance with the requirements for enclosures established by the local

animal control authority.

(E) "Owner" means a person who owns or has custody or control of the dog.

(F) "Class A Misdemeanor" shall be the same range of punishment as set out in the

Texas Penal Code, V.T.A.S.

(G) "Class C Misdemeanor" shall be the same range of punishment as set out in the

Texas Penal Code, V.T.A.S.

Sec. 2.1002: Requirements for Owner of Dangerous Dog.

(A) Not later than the 30th day after a person learns that the person is the owner of a

dangerous dog, the person shall:

(1) register the dangerous dog with the animal control authority for the area in

which the dog is kept;

(2) restrain the dangerous dog at all times on a leash in the immediate control of

a person or in a secure enclosure; and

(3) obtain liability insurance coverage or show financial responsibility in an

amount of at least $100,000 to cover damages resulting from an attack by

the dangerous dog causing bodily injury to a person.

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(B) For purposes of this article, a person learns that the person is the owner of a

dangerous dog when:

(1) the owner knows of an attack described in Sec 2.904B(1);

(2) the owner is informed by the animal control authority that the dog is a

dangerous dog.

(C) If a person reports an incident described by Sec. 2.904B, the animal control

authority may investigate the incident. If, after receiving the sworn statements of any

witnesses, the animal control authority determines the dog is a dangerous dog, it

shall notify the owner of that fact.

(D) An owner, not later than the 30th day after the date the owner is notified that a dog

owned by the owner is a dangerous dog, may appeal the determination of the animal

control authority to a justice or municipal court of competent jurisdiction. An

owner may appeal the decision of the justice or municipal court in the same manner

as appeal for other civil cases.

Sec. 2.1003: Registration.

(A) An animal control authority for the area in which the dog is kept shall annually

register a dangerous dog if the owner:

(1) presents proof of:

(a) liability insurance or financial responsibility, as required by Sec.

2.905A(3)

(b) current rabies vaccination of the dangerous dog; and

(c) the secure enclosure in which the dangerous dog will be kept; and

(2) pays an annual registration fee of $50.00.

(B) The animal control authority shall provide to the owner registering a dangerous dog

a registration tag. The owner must place the tag on the dog's collar.

(C) If an owner of a registered dangerous dog sells or moves the dog to a new address,

the owner, not later than the 14th day after the date of the sale or move, shall notify

the animal control authority for the area in which the new address is located. On

presentation by the current owner of the dangerous dog's prior registration tag and

payment of a fee of $25.00, the animal control authority shall issue a new

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registration tag to be placed on the dangerous dog's collar.

(D) An owner of a registered dangerous dog shall notify the office in which the

dangerous dog was registered of any attacks the dangerous dog makes on people.

Sec. 2.1004: Attack by Dangerous Dog.

(A) A person commits an offense if the person is the owner of a dangerous dog and the

dog makes an unprovoked attack on another person outside the dog's enclosure and

causes bodily injury to the other person.

(B) An offense under this section is a Class C misdemeanor, unless the attack causes

serious bodily injury or death, in which event the offense is a Class A misdemeanor.

(C) If a person is found guilty of an offense under this section, the court may order the

dangerous dog destroyed by a person listed in Sec. 2.904A.

(D) In addition to criminal prosecution, a person who commits an offense under this

section is liable for a civil penalty not to exceed $10,000.00. An attorney having

civil jurisdiction in the county or an attorney for a municipality where the offense

occurred may file suit in a court of competent jurisdiction to collect the penalty.

Penalties collected under this subsection shall be retained by the county or

municipality.

Sec. 2.1005: Violations.

(A) A person who owns or keeps custody or control of a dangerous dog commits an

offense if the person fails to comply with Sec. 2.905.

(B) An offense under this Article is a Class C misdemeanor.

Sec. 9.1006: Defense.

(A) It is a defense to prosecution under Sec. 2.907 or Sec. 2.908 that the person is a

veterinarian, a peace officer, a person employed by a recognized animal shelter, or a

person employed by the state or a political subdivision of the state to deal with stray

animals and has temporary ownership, custody, or control of the dog in connection

with that position.

(B) It is a defense to prosecution under Sec. 2.907 or Se. 2.908 that the person is an

employee of the institutional division of the Texas Department of Criminal Justice

or a law enforcement agency and trains or uses dogs for law enforcement or

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corrections purposes.

(C) It is a defense to prosecution under Sec. 2.907 or Sec. 2.908 that the person is a dog

trainer or an employee of a guard dog company under the Private Investigators and

Private Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes).

(Ordinance No. 242 of June 7, 1994)

ARTICLE 2.1100 IMPOUNDED ANIMALS

Sec. 2.1101: Impoundment.

Animals owned or harbored in violation of this Chapter or any other ordinance of the City of

Ganado shall be taken into custody by the city animal health/control officer or other designated

official and impounded. Stray animals shall be similarly impounded.

Sec. 2.1102: Animal Shelter.

A suitable animal shelter shall be provided for the boarding and caring for any animal impounded

under the provisions of this chapter. Such shelter shall be constructed in accordance with

recommendations from the Texas Department of Health. In lieu of constructing a shelter, the city

may contract with any licensed veterinarian to provide this service at a fee mutually agreed upon

and having a suitable facility within the county that has been approved by the Texas Department of

Health.

Sec. 2.1103: Removal of Animals From Animal Shelter.

The impoundment of dogs and cats that have inflicted human bites shall be for a period of ten (10)

days for observation and shall not be terminated until consent from the proper officer or agency is

secured. It shall be unlawful for any person to remove any impounded animal from the animal

shelter without the consent of the animal/health control officer or other impounding official or

agency.

Sec. 2.1104: Disposition of Impounded Animals.

As soon as practicable after impoundment, if the owner of the impounded animal is known,

immediate notice shall be given to him. Any impounded animal may be redeemed upon payment

of impoundment fee, care and feeding charges, veterinary charges, rabies vaccination charges and

such other costs as may be necessary. If such animal is not redeemed within three (3) business

days, it shall be deemed abandoned and may be placed for adoption subject to payment of the

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license fee, impoundment fee, care and feeding charges, veterinary charges, and such other costs as

necessary, or the impoundment officer may humanely euphonize said animal.

(Ordinance No. 188 of June 5, 1990)

(A) The owner of any vaccinated impounded animal may redeem such dog or cat at any

time prior to the sale or destruction by the payment of ten dollars ($10.00)

impounding fee and five dollars ($5.00) per day for each day or portion of day such

dog or cat shall have been impounded.

(Ordinance No. 344 passed May 11, 2004)

(B) The owner of any unvaccinated impounded animal may redeem such animal any

time prior to disposition or destruction by having such animal duly vaccinated

against rabies and the payment of the ten dollar ($10.00) impounding fee and the

five dollars ($5.00) per day board fee for each day such animal has been impounded,

plus a five dollar ($5.00) cost of license fee and an twenty dollar ($20.00)

vaccination fee. If the animal has to be quarantined, a fee of eight

dollars ($8.00) per day for each day the animal has to be quarantined.

(Ordinance No. 344 passed May 11, 2004)

(C) It shall be the duty of the animal health/control officer to keep all unclaimed dogs

and cats for a period of three (3) business days. If, at the expiration of said period of

time, such dog or cat has not been redeemed by the owner it shall be destroyed or

disposed of as herein provided.

(D) The animal health/control officer shall be authorized to oversee the adoption of all

animals impounded under the terms of this section and not redeemed within three

(3) business days. The animal being adopted shall be required to be spayed or

neutered by a licensed veterinarian and said adopted animal shall be redeemed upon

payment of impoundment fees, care and feeding charges, veterinary charges, rabies

vaccination charges and such other costs as may be necessary. PROVIDED

HOWEVER, if the prior owner of said animal is subsequently located , said prior

owner may redeem said animal within sixty (60) days after said adoption from the

adoptive owner upon payment to said adoptive owner, double the amount paid by

the adoptive owner to adopt said animal.

(Ordinance 353, passed September 13, 2005)

(E) It shall be the duty of the animal health/control officer to cause all animals

impounded under these regulations and not redeemed or adopted as provided herein,

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to be destroyed in the most practical humane manner to be determined by the animal

health/control officer or sold to a recognized research or teaching institution.

(F) No person shall interfere with, hinder or molest any health/control officer or other

party designated by the animal health/control officer for said purpose, in the

performance of any duty delegated hereunder or seek to release any animal taken

and held in custody under the provisions of this chapter except as herein provided.

Sec. 2.1105: Disposition of Impounded Animal Held of Complaint.

If a complaint has been filed in the municipal court of the City of Ganado against the owner of an

impounded animal for violation of this chapter, the animal shall not be released except on the order

of the court which may also direct the owner to pay any penalties for violation of this chapter in

addition to all impoundment fees. The court may, upon making a finding that such animal is

vicious or that it represents a clear and present danger or nuisance to the citizens or other animals in

the community, order said animal to be euthanized in a humane manner. Surrender of an animal by

the owner thereof to the peace officer does not relieve or render the owner immune from the

decision of the court, nor to the fees and fines which may result from a violation or violations of

this chapter.

Sec. 2.1106: Disposition of Diseased Animals.

Any animal taken into custody by the animal health/ control officer except those animals which

have inflicted human bites during the preceding ten (10) days and that are visibly affected with any

sign of communicable disease other than rabies which are being held at the impounding facility

may instead of being impounded be humanely destroyed provided:

(A) That any animal which has inflicted any human or animal bite during the preceding

ten (10) days have its head removed by the animal control officer and submitted to

the laboratory for rabies examination.

(B) Any animal exhibiting symptoms of rabies must be handled in a manner prescribed

by the animal health/control officer under this chapter and applicable laws.

ARTICLE 2.1200 PET CARE

The following are established as guidelines for pet and animal care and are not intended to

contravene any animal cruelty provisions as contained in the Texas Penal Code.

Sec. 2.1201: Unlawful to Not Provide for Adequate and Humane Care and Shelter For Animals.

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No owner shall fail to provide his animals with sufficient good and wholesome food and water,

proper shelter and protection from the weather, veterinary care when needed to prevent suffering,

and with humane care and treatment.

Sec. 2.1202: Abusing Animals or Instigating Animal Fights Prohibited. No person shall beat,

cruelly ill-treat, torment, overload, overwork, or otherwise abuse an animal; or cause, instigate, or

permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and

humans.

Sec. 2.1203: Abandoning Animals Prohibited. No owner of an animal shall abandon such animal.

Sec. 2.1204: Vehicle Operators to Stop Upon Striking Animal, Render Assistance, and Then

Report Such Incident. Any person who, as the operator of a motor vehicle, strikes a domestic

animal shall stop at once and render such assistance as may be possible and shall immediately

report such injury or death to the appropriate local law enforcement agency.

ARTICLE 2.1300 ANIMAL HEALTH/CONTROL OFFICER

The position of Animal Health/Control Officer of Ganado, Texas, is hereby established. Such

animal health/ control officer and any assistant shall be appointed by the mayor with the consent of

the city commission and the compensation of such officers shall be determined from time to time

by the city commission.

ARTICLE 2.1400 WILD ANIMALS REGULATIONS

Sec. 2.1401: Defined. Wild animal as used herein shall mean and include any wild mammal,

amphibian, reptile, or fowl which is not naturally tame or gentle but is of a wild nature or

disposition and which, because of its size, vicious nature, or other characteristics would constitute a

danger to human life or property if it is not kept or maintained in a safe manner or in secure

quarters. Such animals shall include but not be limited to lions, tigers, leopards, panthers, bears,

wolves, alligators, crocodiles, apes, elephants, rhinoceroses and all forms of poisonous reptiles and

other like animals.

Sec. 2.1402: Confinement Required.

(A) It shall be unlawful for anyone to keep or harbor any wild animals within the city

limits unless the same is kept in a cage in a safe manner and in secure quarters or

cage sufficient to contain such animal at all times.

(B) It shall be unlawful for anyone who owns, raises or keeps any wild animal to allow

the same to be at large outside of its secure quarters or cage. In the event such

animal is discovered outside of the secure quarters or cage it shall be presumed that

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the person who owns, raises or keeps the same, willfully allowed it to roam at large

outside the secure quarters or cage.

Sec. 2.1403: Permit Required.

(A) It shall be unlawful for any person to keep or maintain within the city, any wild or

dangerous animal, as defined above unless a special annual permit therefor is first

obtained from the city council. The permit fee shall be fifty dollars ($50.00).

(B) The city commission shall issue a special permit for the keeping or maintenance of a

dangerous or wild animal if, they find:

(1) That the animal is at all times kept or maintained in a safe manner and that it

is at all times confined securely so that the keeping of such animal will not

constitute a danger to human life or the property of others.

(2) That adequate safeguards are made to prevent unauthorized access to such

animals by members of the public.

(3) That the health or well-being of the animal is not in any way endangered by

the manner of the keeping or confinement.

(4) That the keeping of such animal does not constitute a nuisance and will not

harm the surrounding neighborhood or disturb the peace and quiet of the

surrounding neighborhood.

(5) That the keeping of such animal will not create or cause offensive odors or

constitute a danger to public health.

(6) That the quarters in which such animal is kept or confined are so constructed

that they may be kept in a clean and a sanitary condition.

(7) That the applicant for such special permit proves his ability to respond in

damages to and including the amount of two hundred thousand dollars

($200,000.00) for bodily injury to or death of any person or persons or for

damage to property owned by any other person which may result from the

ownership, keeping or maintenance of such animal.

Sec. 2.1404: Inspections.

Prior to the annual renewal of any special permit issued hereunder and at least once not more than

six (6) months after the issuance of any such special permit or after its renewal, the animal

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health/control officer shall inspect the premises subject to such special permit to determine whether

the person to whom it has been issued is continuing to comply with all the conditions specified in

this section. If the officer determines during any such inspection that any of the conditions therein

specified are being violated, he shall refuse to renew any such permit or he shall revoke such

special permit in the event that such violation is not corrected within such period of time he shall

direct. A fee of twenty dollars ($20.00) shall be charged for each such semi-annual inspection.

Sec. 2.1405: Number of Dangerous Animals Limited.

In no event shall a permit be issued for the keeping of more than two (2) dangerous animals at any

single location.

Sec. 2.1406: Exceptions.

The provisions of this section shall not apply to the keeping of wild or dangerous animals in the

following cases:

(A) The keeping of such animals in zoos, bona fide educational or medical institutions,

museums or any other place where they are kept as live specimens for the public to

view, or for the purpose of instruction or study.

(B) The keeping of such animals for exhibition to the public of such animals by a circus,

carnival, or other exhibit or show.

(C) The keeping of such animals in a bona fide licensed veterinary hospital for

treatment.

(Ordinance No. 188 of June 5, 1990)

Ordinance No. 288 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 2.1500,

2.1600, 2.1700, 2.1800 , 2.1900, 2.200, and 2.2100 TO

THE GANADO CODE OF ORDINANCES PROHIBITING LIVESTOCK AND FOWL TO BE LOCATED IN THE CITY LIMITS OF GANADO WITHOUT A PERMIT BEING OBTAINED AND SETTING OUT THE PROCEDURES AND REQUIREMENTS FOR OBTAINING SAID PERMIT.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF GANADO, TEXAS, THAT CHAPTER 2, ARTICLE 2.1500, 2.1600, 2.1700, 2.1800, 2.1900, 2.2100 and 2.2000 OF THE GANADO CODE OF ORDINANCES BE

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AMENDED AS FOLLOWS, TO-WIT:

ARTICLE 2.1500 DEFINITION OF LIVESTOCK, SWINE AND FOWL Wherein this chapter refers to livestock, it shall mean and include all animals generally known as belonging to the livestock family and including sheep, horses, cows and goats; wherein this chapter refers to swine, it shall mean all pigs and hogs belonging to the swine family; wherein this chapter refers to fowl, it shall mean chickens, ducks, turkeys, geese or other like fowl. ARTICLE 2.1600 LIVESTOCK/FOWL PERMIT REQUIRED It shall be unlawful for any person, firm, or association of persons to maintain, own, leave, rent, occupy or control premises within the city limits of Ganado, Texas where one or more of the livestock family are kept or one or more fowl are kept unless a permit is issued authorizing same by the City Commission as set out elsewhere in this chapter. ARTICLE 2.1700 LIVESTOCK FOWL PERMIT APPLICATION; PROCEDURE Any person, firm, corporation, or associate of persons who desire to keep and maintain one or more animals of the livestock family, or one or more members of the fowl family, shall make application to the City Commission providing the following information: (1) the number of animals or fowl desired to be kept; (2) the location

and size of the premises, the minimum size of the premises must be equal to or greater than five (5) acres; (3) the name of the owner and adult occupants of the premises; (4) number of residences within five hundred feet (500') of any part of the premises; (5)the names of the owners and adult occupants of any residence within 200 feet of the subject premises; Said application shall be taken up for consideration by the City Commission at the next regular meeting of the City Commission after the filing of the said application for permit, this application to be filed with the City Secretary, with a copy to the Public Works Director and the Animal Control Officer. The City Commission, acting upon the information furnished by applicant, the County Health Officer, the Public Works Director,

the Animal Control Officer, and others, may if the City Commission is satisfied that the maintaining or keeping of said livestock and/or fowl will not constitute a public nuisance or a detriment to health, a permit may be granted to keep said livestock and/or fowl at said place set out in said application, which permit shall expire on the next January 1 from date of issuance for permit, unless sooner terminated by order of the City Commission. If the City Commission is satisfied that the maintaining or keeping of

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said livestock and/or fowl, at the premises dissolved in said

application, will not constitute a public nuisance or detriment to health, then the applicant shall be denied the permit. ARTICLE 2.1800 LIVESTOCK PERMIT FEE (1) There shall be collected from each applicant the sum of TWENTY-FIVE DOLLARS ($25.00) for the issuance of a permit to maintain one or more livestock and/or fowl, at any one permitted location under Article 2.1700 of the Ganado Code of Ordinances. (2) There shall be collected from each applicant the sum of TEN DOLLARS ($10.00) for the issuance of a temporary permit to maintain one or more livestock and/or fowl, at any one permitted location under Article 2.1900 of the Ganado Code of Ordinances.

ARTICLE 2.1900 SCHOOL/COUNTY FAIR PROJECTS - TEMPORARY PERMITS (1) Provided However, and notwithstanding anything to the contrary herein, a student may obtain a Student Temporary Livestock Permit or Fowl Permit authorizing said student to maintain within the city limits of the City of Ganado a livestock or fowl project which has been approved or authorized by the school administration and/or any other youth organization which sponsors entry of animal projects at the Jackson County Youth Fair.

(2) The application for a Student Temporary Livestock or a Student Temporary Fowl Permit shall contain the following information: (a) the number of animals or fowl to be kept on the premises; (b) the location and size of the premises; (c) the name of the owner and adult occupants of the premises; (d) the number of residences within 500 feet of any part of

the premises; (e) the name of the owners and adult occupants of any

residence within 200 feet of the subject premises; (f) the written consent of either an adult owner or one

adult occupant of each residence situated on lands that abut the subject premises and/or are located within 200 feet of the subject premises;

(3) Said student application shall be taken up for consideration by the City Commission at the next regular meeting of the City Commission after the filing of the said student application for temporary permit, this student's application to be filed with the

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City Secretary, with a copy to the Public Works Director and the

Animal Control Officer. The City Commission, acting upon the information furnished by applicant, the County Health Officer, the Public Works Director, the Animal Control Officer, and others, may if the City Commission is satisfied that the maintaining or keeping of said livestock and/or fowl will not constitute a public nuisance or a detriment to health, a permit may be granted to keep said livestock and/or fowl at said place set out in said application. Said temporary student permit will expire six (6) months from the date of issue, or on the date the animal project is completed, whichever occurs first. If the City Commission is not satisfied that the maintaining or keeping of said livestock and/or fowl at the premises described in any application will not constitute a public nuisance or detriment

to health, then the student applicant shall be denied the permit. ARTICLE 2.2000 UNLAWFUL FOR LIVESTOCK AND FOWL TO WANDER AT LARGE Except as authorized otherwise by the Ganado Code of Ordinance, it shall be unlawful for any person or firm to permit or allow any swine, livestock or fowl owned or possessed by him or under his control to wander in or upon or invade the premises of any other person or firm or any public property within the corporate limits of the City of Ganado. ARTICLE 2.2100 SWINE PROHIBITED It shall be unlawful for any person, firm, corporation or association of persons to maintain, own or control any premises within the city limits of Ganado, Texas, where any swine are kept on said premises. Severability Clause If any portion of this ordinance is held unconstitutional by a court of competent jurisdiction, the remaining provisions hereof shall nevertheless be valid, the same as if the portion or portions held unconstitutional had not been adopted. All ordinances and resolutions and parts thereof heretofore

adopted and in conflict herewith be and the same are hereby expressly repealed in so far as they conflict herewith. PASSED AND EFFECTIVE on this the 8th day of February, 2005. Ordinance No. 288

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Chapter 3 Table of Contents

BUILDING REGULATIONS

Article 3.100 Standard Building Code Adopt 3-2

Article 3.200 Amendments to Standard Building Code,

1991 Edition 3-2

Article 3.300 Adoption of Standard Mechanical Code

1991 Edition 3-14

Article 3.400 Amendments to Standard Mechanical Code

1991 Edition 3-15

Article 3.500 Electrical Code 3-16

Article 3.600 Adoption of Plumbing Code 3-19

Article 3.700 Amendments to Texas Municipal League

Plumbing Code, 1977 Edition 3-19

Article 3.800 Flood Damage Prevention Regulations 3-21

Article 3.900 Mobile Homes and Mobile Homes Parks 3-36

Article 3.1000 Street, Sidewalk and Alley Use Regulations 3-42

Article 3.1100 Construction Requirements for Streets, Driveways

and Other Public Rights of Way 3-45

Article 3.1200 Building Officials 3-49

Article 3.1300 Building Setback Line 3-49

Article 3.1400 Minimum Slab and /or Foundation Elevation 3-45

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ARTICLE 3.100 STANDARD BUILDING CODE ADOPTED

Sec. 3.101: There is hereby adopted by the City of Ganado, Texas, for the purpose of

establishing rules and regulations for the erection, construction, enlargement, alteration, repair,

moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and

maintenance of buildings or structures, that certain Building Code known as the Standard

Building Code, recommended by the Southern Building Code Congress, being particularly the

1991 Edition thereof, with 1992-1993 revisions, and the whole thereof, and in addition, the

Standard Existing Building Code, being particularly the 1988 Edition with the 1991 revisions,

except as herein amended by city ordinance, one (1) copy of said code with revisions of which is

on file in he office of the City Secretary, and the same is hereby adopted and incorporated as fully

as if set out at length herein, together with any subsequent additions, revisions, modifications or

amendments to said Standard Building Code and the Standard Existing Building Code.

Sec. 3.102: The provisions of the Standard Building Code, 1991 Edition, with 1992-1993

revisions, and the Standard Existing Building Code, 1988 Edition, with 1991 revisions, shall be

controlling in the construction of all buildings and other structures within the jurisdictional, and

extra jurisdictional, territorial limits of the City of Ganado, Texas.

Sec. 3.103: All fees or charges due the city as established by the Ganado city code shall

supersede the fees or charges due the city as set for the same item or service by the Standard

Building Code or Standard Existing Building Code.

Sec. 3.104: Within said Standard Building Code, when reference is made to the duties of a

certain official named therein, that designated official of the City of Ganado, Jackson County,

State of Texas who has duties corresponding to those of the named official in said code shall be

deemed to be the responsible official insofar as enforcing the provisions of said code are

concerned.

(Ordinance No. 228 of June 1, 1993)

ARTICLE 3.200 AMENDMENTS TO STANDARD BUILDING CODE, 1991 EDITION

The Standard Building Code, 1991 Edition, adopted herein is hereby amended as follows:

AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 3.200, SECTION 3.203,

SUBSECTION 7 (A) HOUSING BOARD OF APPEALS and SUBSTITUTING

A BOARD OF CODE ENFORCEMENT and CHAPTER 3, ARTICLE 3.200,

SECTION 3.203 SUBSECTION (10) MODIFYING THE PENALTY TO BE

IMPOSED.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF GANADO, TEXAS,

THAT CHAPTER 3, ARTICLE 3.200, SECTION 3.203; SUBSECTION 7 (A) be modified as

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follows, to-wit:

That there is hereby deleted from the terms, provisions and conditions of Section 3.201,

Subsection 7 (a), City of Ganado Code of Ordinances, the following language, to-wit:

(7) HOUSING BOARD OF APPEALS ESTABLISHED.

(a) Creation of Board. There is hereby created a Board of Housing Appeals which

shall consist of five (5) members appointed by the Mayor, subject to confirmation

by the City Council. Initially, one (1) member shall be appointed to serve one (1)

year; two (2) members to serve two (2) years; and two (2) members to serve three

(3) years. After the initial appointment of the Board, each member shall be

appointed or reappointed to serve a three (3) year term.

And there is hereby substituted in its place and stead the following language, to-wit:

(7) BOARD OF CODE ENFORCEMENT ESTABLISHED.

(a) Creation of Board. There is hereby created a Board of Code Enforcement which

shall consist of five (5) members appointed by the Mayor, subject to confirmation

by the City Council. Initially, one (1) member shall be appointed to serve one (1)

year; two (2) members to serve two (2) years; and two (2) members to serve three

(3) years. After the initial appointment of the Board, each member shall be

appointed or reappointed to serve a three (3) year term.

(b) Wherein the term Housing Board of Appeals appears in the City of Ganado Code of

Ordinances, the Board of Code Enforcement shall be substituted in its place and

stead.

Amended May 13, 2003, Ord. 333

ARTICLE 3.200 BE IT ORDAINED BY THE CITY COMMISSION OF THE

CITY OF GANADO, TEXAS, THAT CHAPTER 3, SECTION

3.203; SUBSECTION 10 be modified as follows, to-wit:

That there is hereby deleted from the terms, provisions and conditions of Section 3.201,

Subsection (10), City of Ganado Code of Ordinances, the following language, to-wit:

(10) PENALTY. Any person, firm, or corporation who shall own or maintain any dangerous

building of structure as those terms are defined herein, and who shall, after notice as

provided in paragraph (4), fail to repair or eliminate the conditions which cause such

building to be a dangerous building or structure, shall be deemed guilty of a

misdemeanor, and, upon conviction, shall be fined in a sum not less than twenty-five

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($25.00) no more than Two Hundred Dollars ($200.00), and each and every day's

violation shall constitute a separate and distinct offense. In the event the owner or

occupant of any dangerous building or structure shall be a corporation, the president,

vice-president, secretary, and treasure of such corporation, or the manager, agent, or

employee of such corporation also shall be separately liable for the penalties herein

provided.

And there is hereby substituted in its place and stead the following language, to-wit:

(10) PENALTY. Any person, firm, or corporation who shall own or maintain any dangerous

building of structure as those terms are defined herein, and who shall, after notice as

provided in paragraph (4), fail to repair or eliminate the conditions which cause such

building to be a dangerous building or structure, shall be deemed guilty of a

misdemeanor, and, upon conviction, shall be fined a sum not more than Five Hundred

Dollars ($500.00), and each and every day's violation shall constitute a separate and

distinct offense. In the event the owner or occupant of any dangerous building or

structure shall be a corporation, the president, vice-president, secretary, and treasure of

such corporation, or the manager, agent, or employee of such corporation also shall be

separately liable for the penalties herein provided.

Severability Clause

If any portion of this ordinance is held unconstitutional by a court of competent

jurisdiction, the remaining provisions hereof shall nevertheless be valid, the same as if the

portion or portions held unconstitutional had not been adopted.

All ordinances and resolutions and parts thereof heretofore adopted and in conflict

herewith be and the same are hereby expressly repealed in so far as they conflict herewith.

PASSED AND EFFECTIVE on this the 9th day of July, 2003.

Sec. 3.201: Section 102.1(b) of the Standard Building Code is Revised to Read as

Follows:

(A) "102.1(b) Office of Housing-Building Enforcement Official

(1) Creation of Office. There is hereby created the Office of

Housing-Building Enforcement Official. The title of this official

shall be "Building Inspector."

(2) Appointment. This official shall be appointed by the Mayor,

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subject to the confirmation of the City Council. This appointment

shall continue during proper conduct and satisfactory service.

Such person shall not be removed from office except for cause and

then only after full opportunity has been given for such person to

be heard on specific charges before the City Council.

(3) Duties. It shall be the duty of the Building Inspector to enforce all

laws and provisions specified in the adopted Code and other

provisions specified by this section.

(4) Right of Entry. The Building Inspector, in the discharge of official

duties and upon proper identification, shall have authority to enter

any building, structure, or premises at any reasonable hour."

Sec. 3.202: Section 102.2 of the Standard Building Code is revised as follows:

(a) "The Building Inspector, with the approval of the City Council, may

appoint inspectors or other employees as shall be authorized by the City

Council."

Sec. 3.203: Section 103.4 of the Standard Building Code is Hereby Revised to Read as

Follows: 103.4 - Unsafe and Dangerous Buildings and Structures"

(A) DANGEROUS BUILDINGS AND STRUCTURES PROHIBITED. It

shall be unlawful for any person to own, maintain, or permit to stand upon

any premises within the city any dangerous buildings and structures, and

all such dangerous buildings and structures are hereby declared to be

unlawful, and are hereby declared to be a public nuisance.

(1) DEFINITION OF TERMS.

(a) Dangerous Building or Structure. For the purpose of this

section, a "dangerous building" or "dangerous structure" is

defined as a building or structure which is dilapidated,

substandard or unfit for human habitation and is a hazard to

the public health, safety and welfare. A building or

structure shall be presumed to be substandard and/or

dangerous if said building or structure possesses one (1) or

more of the following qualities:

(i) Any building or structure with roof, ceiling, floor,

seal, or foundation, or any combination thereof

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which is rotted or decayed and falling apart; with

windows out, uninhabitable, untenantable, and/or

unsightly due to obsolescence and deterioration

caused by neglect, vandalism, fire damage, aging, or

the elements.

(ii) Any building or structure in danger of falling and

injuring any person, persons, or other property

which might be on and about said premises.

(iii) Any building or structure which is a fire menace by

virtue of containing in or near said building or

structure an accumulation of trash, rubbish, and/or

debris; or which, by virtue of abandonment or

neglect, is likely to attract children or transients who

may start fires on said premises; or which contains

an accumulation of combustible material which may

take fire either by accident or on purpose.

(iv) Any building or structure which is in the condition

or conditions described in (i), (ii), and (iii) above,

and which is damp or in an unsanitary condition and

is likely to create disease and sickness; or which is

likely to provide breeding places and habitat for

snakes, rats, mice, and other vermin which are

detrimental to the public health.

(b) Building. For the purpose of this section, the term,

"building," shall mean any structure of any kind or

character, or any part thereof, which has been erected upon

any land within the City limits of the City of Ganado,

Texas, irrespective of the material from which such

structure has been built.

(c) Structure. For the purpose of this section the term,

"structure," shall mean a walled and roofed building,

including a gas or liquid storage tank, that is principally

above ground, as well as a mobile home, manufactured

home, detached garage, fence, shed, or awning which has

been erected upon any land within the City limits of the

City of Ganado, Texas, irrespective of the material from

which such structure has been built.

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(2) INSPECTION.

An inspection shall be made of every building located within the

City which is suspected of being in violation of this section. The

Building Inspector and assistants are hereby authorized to conduct

inspections of all such buildings suspected of being in violation of

this section.

(3) NOTIFICATION OF VIOLATION AND REINSPECTION.

Whenever a violation of this section has been discovered and

reported by an Inspector, the owner of the premises involved and

the occupant, if any, shall be given a written notification, by the

City Secretary, of the nature of the violation, the date on which the

public hearing shall be held to determine whether the building or

structure complies with the standards set out in this section, and the

date on which a reinspection shall be made to determine if the

violation has been eliminated. The City shall make a diligent effort

to discover each mortgagee and lienholder before conducting the

public hearing and shall give a notice of and an opportunity to

comment at the hearing. After the public hearing, if a building or

structure is found in violation of standards set out in this section,

the City may order that the building or structure be vacated,

secured, repaired, removed, or demolished by the owner within a

reasonable time and an additional reasonable time for the ordered

action to be taken by any of the mortgagees or lien holders in the

event the owner fails to comply with the order within the time

provided for action by the owner. The City shall furnish a copy of

the order to a mortgagee or lienholder in the event the owner fails

to timely take the ordered action. The City also may order that the

occupants be relocated within a reasonable time. No reinspection

shall be made until the person responsible for the violation under

the provisions of this section has been given a reasonable time to

eliminate the condition constituting the violation.

(4) DEMOLITION.

(a) Authority. Whenever a dangerous building or structure has

been found to exist, and whenever the owner or occupant

thereof has failed to correct the conditions which make

such building or structure a dangerous building or structure

within the meaning of this section, and when reinspection

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of such premises by the Building Inspector reveals that the

building still constitutes an immediate danger of injury to

the occupants of said premises or to adjoining property or

persons or to the public, and the cost of alleviating the

conditions which go to make said building or structure a

dangerous building or structure is not reasonably related to

the value of the building or structure, a notice of intent to

order the demolition of the building or structure shall be

served on the owner by certified mail to such owner's post

office address as shown on the City tax rolls by the

Inspector; or, if such address is unknown and cannot be

ascertained by the exercise of reasonable diligence, such

notice shall be served by publication for not less than two

(2) times within ten (10) consecutive days in an official

newspaper; and, in the event that the violation is not

eliminated within thirty (30) days from the date of said

notice, the City may demolish and remove said building, or

cause the same to be done, and charge the expense incurred

in doing such work, or having same done, to the owner of

said land; and, if such work is done at the expense of the

City, then said expense may be assessed to the lot, tract, or

parcel of land, or the premises upon which the expense was

incurred, or a civil penalty may be assessed against the

property owner for failure to repair, remove or demolish the

building or structure.

(b) Definition of Term. "Reasonably Related to Value of

Building" For the purposes of this section, any repair,

alteration, or improvement which is determined by the

Building Inspector to cost more than fifty percent (50%) of

the gross assessed valuation of the building, exclusive of

land value, shall be deemed not to be "reasonably related to

the value of the building."

(5) FILING OF STATEMENT OF EXPENSE AND CREATION

OF LIEN.

The Mayor, City Manager, or the Building Inspector of the City

shall file with the County Clerk of Jackson County a statement of

expenses incurred under the preceding section giving the amount

of such expenses and the date on which said work was done or

such improvement was made; and the City shall have a privileged

lien on such lot, lots, other premises, or real estate upon which said

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building or structure was located, in order to secure the repayment

of the expenditures so made, unless it is a homestead as protected

by the Texas Constitution. The lien is extinguished if the property

owner or another person having an interest in the legal title to the

property reimburses the City for the expenses. The lien arises and

attaches to the property at the time the notice of the lien is recorded

and indexed in the Jackson County Clerk's office. Said notice shall

contain the name and address of the owner if that information can

be determined with a reasonable effort, a legal description of the

real property on which the building or structure was located, the

amount of expenses incurred by the City, and the balance due. If

the notice is given and the opportunity to repair, remove, or

demolish the building is afforded to each mortgagee and

lienholder, the lien is a privileged lien second only to tax liens and

all previously recorded bona fide mortgage liens attached to the

real property to which the City's lien attaches; and the said amount

shall bear six percent (6%) interest per annum from the date said

statement was filed. The City's lien is superior to all other

previously recorded judgment liens. It is further provided that suit

may be filed by the City for recovery of the expenses so incurred

and for the foreclosure of said lien; and the statement of expenses

so made, as aforesaid, or a certified copy thereof, shall be prima

facie proof of the amount expended for such work.

(6) SCOPE OF SECTION.

The provisions of this section shall apply to all buildings or

structures or portions thereof used, designed, or intended to be used

for human habitation. Where any building or structure, or portion

thereof, is used, designed, or intended to be used as a combination

apartment hotel, then the provisions of this section shall apply to

the separate portions as though they were separate buildings.

(a) Alteration. No building or structure used, designed or

intended to be used as a dwelling, apartment house, or

rooming house, shall be in any manner repaired, remodeled,

or reconstructed by any person, or occupied by any person

not already in occupancy unless such building or structure

is made to comply with all the requirements of this section.

(b) Relocation. Existing buildings or structures which are

moved or relocated shall be considered as new buildings,

and shall comply with all the requirements of this section.

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(7) BOARD OF CODE ENFORCEMENT ESTABLISHED.

(a). Creation of Board. There is hereby created a Board of

Code Enforcement which shall consist of five (5)

members appointed by the Mayor, subject to confirmation

by the City Council. Initially, one (1) member shall be

appointed to serve one (1) year; two (2) members to serve

two (2) years; and two (2) members to serve three (3) years.

After the initial appointment of the board, each member

shall be appointed or reappointed to serve a three (3) year

term.

(b). Wherein the term Housing Board of Appeals appears in the

City of Ganado Code of Ordinances, the Board of Code

Enforcement shall be substituted in its place and stead.

(c). Quorum. A simple majority of the members shall

constitute a quorum, and the Board shall act by a majority

vote of the members present.

(d). Duties. The Board shall have the power and be required

to hold public hearings in deciding appeals where it is

alleged that there is an error in law or fact or when liability

incurred. Appeal from the interpretation of this Code, or

from actions and decisions of the Building Inspector will be

heard by this Board. The Board shall meet within five (5)

days after an appeal in filed, or as soon thereafter as a

quorum can be secured.

(8). RIGHT OF APPEAL

Any person affected by any notice of violation in connection with the

enforcement of any provision of this section may request an appeal, and

shall be granted a hearing before the Board of Code Enforcement,

provided such person shall first file in the office of the Building

Inspector’s Office a written request for such hearing. Such request shall

be made upon forms furnished by the Building Inspector’s Office. If the

appeal is filed within ten (10) days after the service of notice of violation,

compliance with such notice shall not be required while the hearing is

pending; providing that, in case of emergency, a stay of proceedings, in the

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opinion of the Building Inspector, would result in imminent peril to life or

property, no such stay shall be observed.

(9). PROVISIONS DEEMED CUMULATIVE; REPEAL OF

INCONSISTENT PROVISIONS

The provisions of this section are to be cumulative of all other ordinances,

or parts thereof, governing or regulating the same subject matter as

that covered herein; provided however, that all prior ordinances or parts

of ordinances inconsistent or in conflict with any of the provisions of this

section are hereby expressly repealed to the extent of any such

inconsistency or conflict.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF GANADO, TEXAS,

THAT CHAPTER 3, ARTICLE 3.200, SECTION 3.203; SUBSECTION 10 be modified as

follows, to-wit:

That there is hereby deleted from the terms, provisions and conditions of Section 3.201,

Subsection (10), City of Ganado Code of Ordinances, the following language, to-wit:

(10) PENALTY.

Any person, firm, or corporation who shall own or maintain any dangerous

building of structure as those terms are defined herein, and who shall, after

notice as provided in paragraph (4), fail to repair or eliminate the

conditions which cause such building to be a dangerous building or

structure, shall be deemed guilty of a misdemeanor, and, upon conviction,

shall be fined a sum not more than Five Hundred Dollars ($500.00), and

each and every day's violation shall constitute a separate and distinct

offense. In the event the owner or occupant of any dangerous building or

structure shall be a corporation, the president, vice-president, secretary,

and treasure of such corporation, or the manager, agent, or employee of

such corporation also shall be separately liable for the penalties herein

provided.

(amended May13,2003)

Severability Clause

If any portion of this ordinance is held unconstitutional by a court of competent

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jurisdiction, the remaining provisions hereof shall nevertheless be valid, the same as if the

portion or portions held unconstitutional had not been adopted.

Sec. 3.204: Section 103.5 of the Standards Building Code is Hereby Revised to Read as

Follows: "103.5 - Requirements Not Covered by Code" –

Any requirement necessary for the strength or stability of any existing or proposed building or

structure, or for the safety or health of the occupants thereof, not specifically covered by this

Code, shall be determined by the Building Official subject to appeal to the City Council."

Sec. 3.205: Section 103.6 of the Standard Building Code is Hereby Revised to Read as

Follows: "103.6 - Alternate Materials and Alternate Methods of Construction –

The provisions of this Code are not intended to prevent the use of any material, or method of

construction not specifically prescribed by this Code, provided any such alternate has been

approved and its use authorized by the Building Official. The Building Official shall approve

any such alternate, provided he finds that the provisions of Chapter XII of the Building Code, and

that the material, method, or work offered is, for the purpose intended, at least the equivalent of

that prescribed in the Code in quality, strength, effectiveness, fire-resistance, durability, and

safety. The Building Official shall require that sufficient evidence or proof be submitted to

substantiate any claim that may be made regarding its use. If, in the opinion of the Building

Official, the evidence and proof are not sufficient to justify approval, the applicant may refer the

entire matter to the City Council."

Sec. 3.206: Section 103.7 of the Standard Building Code is Hereby Revised to Read as

Follows: "103.7 - Liability.

Any officer or employee, or member of the City Council charged with the enforcement of this

Code, acting for the applicable governing body in the discharge of his duties, shall not thereby

render himself liable personally, and he is hereby relieved from all personal liability for any

damage that may accrue to persons or property as a result of any act required or permitted in the

discharge of this duties Any suit brought against any officer or employee because of such act

performed by him in the enforcement of any provision of this Code shall be defended by the city

attorney until the final termination of the proceedings."

Sec. 3.207: Section 103.8 of the Standard Building Code is Hereby Deleted.

Sec. 3.208: Section 106.2 of the Standard Building Code is Hereby Revised to Read as

Follows: "106.2 - Contractor's License and Insurance Required.

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It shall be the duty of every contractor or builder, who shall make contracts for the erection or

construction or repair of buildings for which a permit is required, and every contractor or builder

making such contracts and subletting the same, or any part thereof, to pay a license tax in the

amount of twenty-five dollars ($25.00), and to register his name in a book provided for that

purpose, with the building official, giving full name, residence and place of business, and, in case

of removal from one place to another to have made corresponding change in said register

accordingly; and it shall be the further duty of every such person to provide evidence of public

liability and workers' compensation insurance.

Sec. 3.209: Section 107.4 of the Standard Building Code is hereby Revised to Read

as Follows: On all buildings, structures or alterations requiring a building permit,

as set forth herein a fee for each building permit shall be paid as required at the

time of filing application, in accordance with the following schedule:

(A) Building Permit Fee:

(i) One dollar ($1.00) to one thousand dollars ($1,000.00) of the cost of

construction......................$10.00

(ii) Every one thousand dollars ($1,000.00) of the cost of construction

thereafter will be at the rate of three dollars ($3.00) per

thousand dollars of the cost of construction.

(B) The above described fees pertain to all new construction of a building or structure

and any additions, repairs or alterations to present buildings or structures. The

only exclusion or exception for the requirement of a building permit to be issued

shall be on interior remodeling, repair or alteration of an existing structure or

building where there is no new electrical or new plumbing service to be connected

or installed. Prior to the issuance of any building permit, a detailed plot plan, with

detailed electrical and plumbing specifications, must be submitted to the city

secretary for review by the appropriate officers and employees of the City of

Ganado.

(C) Moving Permit Fee:

(i) Moving of any building or structure, the fee shall be

seventy-five ($75.00).

(D) Demolition Permit Fee:

(i) Demolition of any building or structure, the fee

shall be seventy-five dollars ($75.00).

(Sec. 3.209A amended by Ordinance No. 302 of November 9, 1999)

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Sec. 3.210: Section 111 of the Standard Building Code is Hereby Deleted.

Sec. 3.211: Section 112 of the Standard Building Code is Hereby Revised to Read as

Follows:

When ever the building official shall reject or refuse to approve the mode or manner of

construction proposed to be followed, or materials to be used in the erection or alteration of a

building or structure, or when it is claimed that the provisions of this Code do not apply, or that

an equally good or more desirable form of construction can be employed in any specific case, or

when it is claimed that the true intent and meaning of this code or any of the regulations

thereunder have been misconstrued or wrongly interpreted, the owner of such building or

structure, or his duly authorized agent, may appeal from the decision of the building official to

the city commission.

Sec. 3.212: Section 113 of the Standard Building Code is Hereby Deleted.

Sec. 3.213: Chapter III of the Standard Building Code is Hereby Deleted.

ARTICLE 3.300 ADOPTION OF STANDARD MECHANICAL CODE, 1991 EDITION

There is hereby adopted by the City of Ganado, Texas, for the purpose of prescribing regulations

governing the installation and maintenance of all mechanical equipment including heating,

cooling, air conditioning and refrigeration systems, that certain code known as the Standard

Mechanical Code, recommended by the Southern Building Code Congress, being particularly the

1991 Edition thereof, with 1992-1993 revisions, and together with any subsequent additions,

revisions, modifications or amendments as published to the said Standard Mechanical Code, save

and except such portions as are deleted, modified, or amended by the Ganado City Code. A copy

of said code has been and the same is hereby adopted and incorporated as fully as if set out at

length herein, together with any subsequent additions, revisions, modifications or amendments as

published to the said Standard Mechanical Code.

Within said Standard Mechanical Code, when reference is made to the duties of a certain official

named therein, that designated official of the City of Ganado, Jackson County, State of Texas

who has duties corresponding to those of the named official in said code shall be deemed to be

the responsible official insofar as enforcing the provisions of said code are concerned.

(Ordinance No. 230 of June 1, 1993)

ARTICLE 3.400 AMENDMENTS TO STANDARD MECHANICAL CODE

1992 EDITION

Sec. 3.401: Section 102.2 of the Standard Mechanical Code is Hereby Revised to

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Read as Follows:

(A) "102.2 - Inspectors. The mechanical official, with the approval of the city

commission may appoint such number of officers, inspectors, assistants, and other

employees as shall be authorized from time to time. The duly appointed building official

shall serve as the mechanical official for the city."

Sec. 3.402: Section 106.2 of Standard Mechanical Code is Hereby Deleted.

Sec. 3.403: Section 106.3 of the Standard Mechanical Code is Hereby Revised to Read as

Follows:

(A) For issuing each permit required $10.00

(B) Fee for Air conditioning (including attached

heating equipment), per ton $ 1.00

(C) Fee for refrigeration, per horsepower $ 1.00

(D) Fee for any central heating furnace $ 1.00

(E) Fee for any suspended heater $ 1.00

(F) Fee for any repairs and alterations $ 1.00

(G) Fee for temporary operation $ 5.00

(H) Fee for boilers based on BYU input:

(i) 33,000 (1 BHP) to 165,000 (5 BHP) $ 5.00

(ii) 165,000 (5 BHP) to 333,000 (10 BHP) $10.00

(iii) 333,000 (10 BHP) to 1,165,000 (52 BHP) $15.00

(iv) 1,165,000 (52 BHP) to 3,300,000 (98 BHP) $20.00

(I) Fee for ventilation system $ 5.00

(J) Fee for exhaust system $ 5.00

(K) Fee for incinerators $ 5.00

Sec. 3.404: Section 109 of the Standard Mechanical Code is Hereby Deleted.

Sec. 3.405: Section 110, 111, and 112 of the Standard Mechanical Code are Hereby

Deleted.

Sec. 3.406: Appeals.

The penalty provisions provided in this Code shall be applicable to violations of the Mechanical

Code. Appeals under the Mechanical Code shall be made to the

City Commission and the decision of the City Commission shall be final.

(Ordinance No. 303 of November 9, 1999).

ARTICLE 3.500 ELECTRICAL CODE

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Sec. 3.501: National Electrical Code Adopted, 1991 Edition.

The 1993 Edition, and all subsequent revisions, standards, or supplements thereto, of the

National Electrical Code of the National Fire Protection Association, is hereby adopted by

reference and made part of this section as the general standard for electrical equipment and

installations in the City of Ganado, Texas, except such provisions thereof as may be in conflict

with this section or other ordinances of the city. All electrical equipment installed or used in the

city and all installations of electrical equipment shall be reasonably safe to persons and property

in conformity with the standards provided in the National Electrical Code, 1993 Edition, and

with the provisions of this section and applicable state statutes and any rules and regulations

issued by authority thereof. A copy of the National Electrical Code, referred to herein, is on file

in the office of the city secretary for reference and inspection.

Within said National Electrical Code, when reference is made to the duties of a certain official

named therein, that designated official of the City of Ganado, Jackson County, State of Texas

who has duties corresponding to those of the named official in said code shall be deemed to be

the responsible official insofar as enforcing the provisions of said code are concerned.

(Ordinance No. 232 of June 1, 1993)

Sec. 3.502: Scope.

The provisions of this section shall apply to all installations of electrical conductors, fittings,

devices, signs, fixtures, motors, generators, starters, controls, and raceways, hereinafter referred

to as "electrical equipment," within or on public and private buildings and premises within the

city.

Sec. 3.503: Liability of City.

This section shall not be construed to affect the responsibility or liability of any party owning,

operating, controlling, or installing any electrical equipment for damages to persons or property

which were caused by any defect in such equipment or in the installation thereof, nor shall the

electrical inspector be held as assuming any liability by reason of the inspection or reinspection

authorized herein or the certificates of conformance, or nonconformance, issued as herein

provided, or by reason of the approval or disapproval of any equipment authorized herein.

Sec. 3.504: Electrical Inspector.

There is hereby created in and for the City of Ganado, Texas, the office of electrical inspector.

The duly appointed building official shall serve as the electrical inspector for the city.

Sec. 3.505: Duties of the Electrical Inspector.

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It shall be the duty of the electrical inspector to enforce the provisions of this section, grant

permits for the installation or alteration of electrical equipment, and make inspections of

electrical installations. The electrical inspector shall keep complete records of all official work

performed in accordance with the provisions of this section. The electrical inspector is

empowered to employ, after receiving approval of the city commission, any electrical inspectors

and assistants necessary for the proper conduct of such office and inspection of electrical

installations as provided for in this section. The electrical inspector shall have the right during

reasonable hours, to enter any building or premises in the discharge of his official duties, or for

the purpose of making any tests, inspections, or reinspection of the electrical equipment or its

installation contained therein. When any electrical equipment is found by the electrical inspector

to be dangerous to persons or property, the person responsible for the electrical equipment shall

be notified in writing and shall make any changes or repairs which are required to render such

equipment in safe condition, and, if such work is not completed within fifteen (15) days or a

longer period that may be specified by the electrical inspector in said notice, the electrical

inspector shall have the authority to disconnect or order the agency supplying electricity to

disconnect all electrical services to said electrical equipment and/or the premises in or upon

which the same is located.

In case of emergency, where necessary for safety of persons or property, or where electrical

equipment may interfere with the work of the fire department, the electrical inspector shall have

the authority to disconnect immediately, and without notice to anyone, or to cause the immediate

disconnection of, any electrical equipment.

Sec. 3.506: Appeals.

Any person may register an appeal with the city commission for a review of the decision of the

electrical inspector.

Sec. 3.507: Permit Required.

No electrical equipment shall be installed within or on any building, structure, or premises

publicly or privately owned within the city, nor shall any alterations or additions be made to any

such existing equipment without first securing a permit therefor from the electrical inspector.

Sec. 3.508: Application for Permit.

Application for the permit required by the provisions of this section, describing the work to be

done, shall be made in writing to the city secretary. When required by the electrical inspector,

the application shall be accompanied by such plans, specifications, and schedules as may be

necessary to determine whether the installation as described will be in conformity with the

requirements of this section.

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Sec. 3.509: Issuance of Permit.

If it shall be found that the installation of the electrical work as described in the application for

the permit shall conform with all provisions of this section, and if the electrician has complied

with all provisions of this section, the permit for such electrical work shall be issued.

Sec. 3.510: Installation Restrictions.

No deviation may be made from the electrical installation described in the permit without the

written approval of the electrical inspector.

Sec. 3.511: Permit Fees.

Before any permit shall be issued under the provisions of this section, the applicant therefor shall

pay a fee based upon the work to be done as follows:

(A) Minimum Permit $10.00

(B) Temporary Saw Pole _________ 5.00

(C) Meter, Loop & Service

(includes 4 outlets) ___________7.50

(i) Outlets over 4 __________.20

(D) Fixtures of one circuit _________ .50

(E) Fixtures, per fixture ___________ .10

(F) MOTORS:

(i) Less than 1/2 HP _______ .50

(ii) 1/2 to less than 10 HP ___2.00

(iii) 10 to less than 50 HP ___ 3.00

(iv) 50 to less than 100 HP __ 6.00

(v) 100 to less than 150 HP._ 8.00

(vi) 150 HP & over _______________10.00

(G) Reconnect __________________________5.00

(H) Electric Dryer _______________________1.00

(J) Range Outlet ________________________1.00

(K) Range Table Top_____________________1.00

(L) Range Oven_________________________1.00

(M) Garbage Disposal ____________________1.00

(N) Dishwasher _________________________1.00

(O) Window A/C Receptacle ______________1.00

(P) Electric Water Heater _________________1.50

(Q) Electric Water Heater over 1500 watts ____3.00

(R) Temporary Cut-In____________________5.00

(S) Reinspection fee _____________________7.50

Sec. 3.512: Separate Permits.

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Separate permits shall be required for each separate

building, store space, or apartment, whether each unit is metered separately or conjunctival, and a

separate permit shall be issued on all such units whether supplied from a central metering station

or directly from an electrical supply agency except that in trailer courts, the individual trailer

disconnect switches shall not be deemed services.

Sec. 3.513: Aluminum Wire Prohibited.

No aluminum wire shall be used in any mode or application in any electrical system or

installation in the city.

Sec. 3.514: Master Electrician's License Required; Fee.

Any person, firm, or corporation desiring to engage in the business of electrical construction or

of the installation of wiring and apparatuses for electrical lights, appliances, heating or power in

the City of Ganado shall, before doing so, obtain a master electrician's license, the fee for which

will be five dollars ($5.00) per year which shall be paid into the city treasury before such master

electrician's license shall become effective.

The City of Ganado may, at its discretion, recognize a license issued by another Texas city upon

registration with the City of Ganado and payment of the above fee.

ARTICLE 3.600 ADOPTION OF PLUMBING CODE

There is hereby adopted by the City of Ganado, Texas, for the purpose of prescribing regulations

governing installation, alteration, repair, and replacement of plumbing, piping, fittings, fixtures,

and equipment which may be connected to the water, sewer, and natural gas system in the City of

Ganado, Texas that certain code known as the Standard Plumbing Code being particularly the

1991 Edition with 1992-1993 revisions, and the whole thereof, save and except such portions as

are hereinafter deleted, modified, or amended. A copy of said code has been and now is filed in

the office of the city secretary and the same is hereby adopted and incorporated as fully as if set

out at length herein, together with any subsequent additions, revisions, modifications or

amendments.

(Provision for inclusion of Sections 1-6 of Chapter 3 provided for in Ordinance adopting Code,

unless otherwise noted)

ARTICLE 3.700 AMENDMENTS TO TEXAS MUNICIPAL LEAGUE

PLUMBING CODE, 1977 EDITION

Sec. 3.701: Standard Plumbing Permit Fees.

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The Plumbing permit fees shall be are as follows:

(A) For issuing each permit.........................................$10.00

(B) Inspection Fee........................................................$10.00

(C) In addition:

(i) For each plumbing fixture or trap or set of fixtures

of one trap (including water and drainage piping) $ 2.00

(ii) For each house sewer....................................$ 2.00

(iii) For each house sewer having to be replaced or

repaired.............................................................$ 2.00

(iv) For each water heater and/or vent......................$ 2.00

(v) For each gas piping system of 1 to 5 outlets......$ 4.00

(vi) For each gas piping system of 6 or more, per

outlet....................................................................$ 1.00

(vii) For installation of water piping for

water treating system...........................................$ 2.00

(viii) Lawn sprinkler system inspection for

5 sprinkler heads...................................................$ 1.00

(ix) Each addition sprinkler head over 5.....................$ 1.00

(Ordinance No. 304 of November 9, 1999).

(x) For inspection......................................... $ 7.50

Sec. 3.702: No use of Copper.

The Standard Plumbing Code is hereby amended, if such be necessary, to indicate the city's

intention that no copper tubing or copper fittings shall be permitted for use in the conveyance of

natural gas.

Sec. 3.703: Official under this Code.

Within said Standard Plumbing Code, when reference is made to the duties of a certain official

named therein, that designated official of the City of Ganado, Jackson County, State of Texas

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who has duties corresponding to those of the named official in said code shall be deemed to be

the responsible official insofar as enforcing the provisions of said code are concerned.

(Ordinance No. 231 of June 1, 1993)

ARTICLE 3.800 FLOOD DAMAGE PREVENTION REGULATIONS

Sec. 3.801: Statutory Authorization.

The Legislature of the State of Texas has delegated the responsibility to local governmental units

to adopt regulations designed to minimize flood losses. Therefore, the City Commission of

Ganado, Texas, does ordain as follows:

Sec. 3.802: Findings of Fact.

(1) The flood hazard areas of Ganado, Texas are subject to periodic inundation which

results in loss of life and property, health and safety hazards, disruption of

commerce and governmental services, and extraordinary public expenditures for

flood protection and relief, all of which adversely affect the public health, safety

and general welfare.

(2) These flood losses are created by the cumulative effect of obstructions in

floodplain which cause an increase in flood heights and velocities, and by the

occupancy of flood hazard areas by uses vulnerable to floods and hazardous to

other lands because they are inadequately elevated, flood-proofed, or otherwise

protected from flood damage.

Sec. 3.803: Statement of Purpose.

It is the purpose of this section to promote the public health, safety and general welfare and to

minimize public and private losses due to flood conditions in specific areas by provisions

designed to:

(a) Protect human life and health;

(b) Minimize expenditure of public money for costly flood control projects;

(c) Minimize the need for rescue and relief efforts associated with flooding and

generally undertaken at the expense of the general public;

(d) Minimize prolonged business interruptions;

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(e) Minimize damage to public facilities and utilities such as water and gas mains,

electric, telephone and sewer lines, streets and bridges located in floodplain;

(f) Help maintain a stable tax base by providing for the sound use and development

of flood-prone areas in such a manner as to minimize future flood blight areas;

and,

(g) Insure the potential buyers are notified that property is in a flood area.

Sec. 3.804: Methods of Reducing Flood Losses.

In order to accomplish its purposes, this section uses the following methods:

(a) Restrict or prohibit uses that are dangerous to health, safety or property in times of

flood, or cause. excessive increases in flood heights or velocities;

(b) Require that uses vulnerable to floods, including facilities which serve such uses,

be protected against flood damage at the time of initial construction;

(c) Control the alteration of natural floodplain, stream channels, and natural

protection barriers, which are involved in the accommodation of flood waters;

(d) Control filling, grading, dredging and other development which may increase

flood damage;

(e) Prevent or regulate the construction of flood barriers which will unnaturally divert

flood waters or which may increase flood hazards to other lands.

Sec. 3.805: Definitions.

Unless specifically defined below, words or phrases used in this section shall be interpreted to

give them the meaning they have in common usage and to give this section its most reasonable

application.

(a) Appeal means a request for a review of the floodplain administrator's

interpretation of any provisions of this section or a request for a variance.

(b) Area of Shallow Flooding means a designated AO, AH, or VO Zone on a

community's Flood Insurance Rate Map (FIRM) with a one percent (1%) or

greater annual chance of flooding to an average depth of one (1) to three (3) feet

where a clearly defined channel does not exist, where the path of flooding is

unpredictable and where velocity flow may be evident. Such flooding is

characterized by ponding or sheet flow.

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(c) Area of Special Flood Hazard is the land in the floodplain within a community

subject to a one percent (1%) or greater chance of flooding in any given year. The

area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM).

After detailed rate making has been completed in preparation for publication of

the FIRM, Zone A usually is refined into Zones A, AE, AO, AH, Al-99, VO,

Vl-30, VE or V.

(d) Base Flood means the flood having a one percent (1%) chance of being equalled

or exceeded in any given year.

(e) Critical Feature means an integral and readily identifiable part of a flood

protection system, without which the flood protection provided by the entire

system would be compromised.

(f) Development means any man-made change to improved or unimproved real

estate, including but not limited to, buildings or other structures, mining,

dredging, filling, grading, paving, excavation, or drilling operations.

(g) Elevated Building means a non-basement building:

(1) built, in the case of a building in Zones Al-30, AE, A, A99, AO, AH, B, C,

X and D, to have the top of the elevated floor, or in the case of a building

in Zones V1-30, VE or V, to have the bottom of the lowest horizontal

structure member of the elevated floor elevated above the ground level by

means of pilings, columns (post and piers), or shear walls parallel to the

floor of the water and,

(2) adequately anchored so as not to impair the structural integrity of the

building during a flood of up to the magnitude of the base flood. In the

case of Zones Al-30, AE, A, A99, AO, AH, B, C, X, D, "elevated

building" also includes a building elevated by means of fill or solid

foundation perimeter walls with openings sufficient to facilitate the

unimpeded movement of flood waters. In the case of Zones Vl-30, VE or

V, "elevated building" also includes a building otherwise meeting the

definition of "elevated building," even though the lower area is enclosed

by means of breakaway walls if the breakaway walls meet the standards of

Section 60.3(e)(5) of the National Flood Insurance Program regulations.

(h) Existing Construction means for the purposes of determining rates, structures for

which the "start of construction" commenced before the effective date of FIRM or

before January 1, 1975, for FIRMs effective before that date. "Existing

construction" may also be referred to as "existing structures."

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(i) Flood or Flooding means a general and temporary condition of partial or

complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters;

(2) The unusual and rapid accumulation of runoff of surface waters from any

source.

(j) Flood Insurance Rate Map (FIRM) means an official map of a community on

which the Federal Emergency Management Agency has delineated both the areas

of special flood hazards and the risk premium zones applicable to the community.

(k) Flood Insurance Study is the official report provided by the Federal Emergency

Management Agency. The report contains flood profiles, water surface elevation

of the base flood, as well as the Flood Boundary-Floodway map.

(l) Floodplain or Flood-Prone Area means any land area susceptible to being

inundated by water from any source (see definition of flooding).

(m) Flood Protection System means those physical structural works for which funds

have been authorized, appropriated, and expended and which have been

constructed specifically to modify flooding in order to reduce the extent of the

areas within a community subject to a "special flood hazard" and the extent of the

depths of associated flooding. Such a system typically includes hurricane tidal

barriers, dams, reservoirs, levees or dikes. These specialized flood modifying

works are those constructed in conformance with sound engineering standards.

(n) Floodway (Regulatory Floodway) means the channel of a river or other

watercourse and the adjacent land areas that must be reserved in order to

discharge the base flood without cumulatively increasing the water surface

elevation more than a designated height.

(o) Functionally Dependent Use means a use which cannot perform its intended

purpose unless it is located or carried out in close proximity to water. The term

includes only docking facilities, port facilities that are necessary for the loading

and unloading of cargo or passengers, and ship building and ship repair facilities,

but does not include long-term storage or related manufacturing facilities.

(p) Habitable Floor means any floor usable for the following purposes; which

includes working, sleeping, eating, cooking or recreation or a combination

thereof. A floor used for storage purposes only is not a "habitable floor."

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(q) Highest Adjacent Grade means the highest natural elevation of the ground surface

prior to construction next to the proposed walls of a structure.

(r) Levee means a man-made structure, usually an earthen embankment, designed and

constructed in accordance with sound engineering practices to contain, control, or

divert the flow of water so as to provide protection from temporary flooding.

(s) Levee System means a flood protection system which consists of a levee or levees

and associated structures, such as closure and drainage devices, which are

constructed and operated in accordance with sound engineering practices.

(t) Lowest Floor means the lowest floor of the lowest enclosed area (including

basement). An unfinished or flood resistant enclosure, usable solely for parking

or vehicles, building access or storage in an area other than a basement area is not

considered a building's lowest floor; provided, that such enclosure is not built so

as to render the structure in violation of the applicable non-elevation design

requirement of Section 60.3 of the National Flood Insurance Program regulations.

(u) Manufactured Home means a structure transportable in one (1) or more sections,

which is built on a permanent chassis and is designed for use with or without a

permanent foundation when connected to the required utilities. For floodplain

management purposes the term "manufactured home" also includes park trailers,

travel trailers, and other similar vehicles placed on a site for greater than one

hundred-eighty (180) consecutive days. For insurance purposes the term

"manufactured home" does not include park trailers, travel trailers, and other

similar vehicles.

(v) Mean Sea Level means, for purposes of the National Flood Insurance Program, the

National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base

flood elevations shown on a community's Flood Insurance Rate Map are

referenced.

(w) New Construction means, for floodplain management purposes, structures for

which the "start of construction" commenced on or after the effective date of a

floodplain management regulation adopted by a community.

(x) Start of Construction (for other than new construction or substantial

improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) ),

includes substantial improvement and means the date the building permit was

issued, provided the actual start of construction, repair, reconstruction, placement,

or other improvement was within one hundred-eighty (180) days of the permit

date. The actual start means either the first placement of permanent construction

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of a structure on a site, such as the pouring of slab or footings, the installation of

piles, the construction of columns, or any work beyond the stage of excavation; or

the placement of a manufactured home on a foundation. Permanent construction

does not include land preparation, such as clearing, grading and filling; nor does it

include the installation of streets and/or walkways; nor does it include excavation

for basement, footings, piers or foundations or the erection of temporary forms;

nor does it include the installation on the property of accessory buildings, such as

garages or sheds not occupied as dwelling units or not part of the main structure.

(y) Structure means a walled and roofed building, including a gas or liquid storage

tank, that is principally above ground, as well as a manufactured home.

(z) Substantial Improvement means any repair, reconstruction, or improvement of a

structure, the cost of which equals or exceeds fifty (50) percent of the market

value of the structure either, (1) before the improvement or repair is started, or (2)

if the structure has been damaged and is being restored, before the damage

occurred. For the purpose of this definition "substantial improvement" is

considered to occur when the first alteration of any wall, ceiling, floor, or other

structural part of the building commences, whether or not that alteration affects

the external dimensions of the structure. The term does not, however, include

either (1) any project for improvement of a structure to comply with existing state

or local health, sanitary, or safety code specifications which are solely necessary

to assure safe living conditions, or (2) any alteration of a structure listed on the

National Register of Historic Places or State Inventory of Historic Places.

(aa) Variance is a grant of relief to a person from the requirements of this section

when specific enforcement would result in unnecessary hardship. A variance,

therefore, permits construction or development in a manner otherwise prohibited

by this section. (For full requirements see Section 60.6 of the National Flood

Insurance Program regulations.)

(bb) Violation means the failure of a structure or other development to be fully

compliant with the community's floodplain management regulations. A structure

or other development without the elevation certificate, other certifications, or

other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10),

(d)(3), (e(e)(4), or (e)(5) is presumed to be in violation until such time as that

documentation is provided.

(cc) Water Surface Elevation means the height, in relation to the National Geodetic

Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of

various magnitudes and frequencies in the floodplain of coastal or riverain areas.

Sec. 3.806: General Provisions. Land to which these provisions apply.

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(a) These provisions shall apply to all areas of special flood hazard within the

jurisdiction of Ganado, Texas.

(b) Basis for Establishing the Areas of Special Flood Hazard. The areas of special

flood hazard identified by the Federal Emergency Management Agency in a

scientific and engineering report entitled, "The Flood Insurance Study for Ganado,

Texas" dated February 20, 1987, with accompanying Flood Insurance Rate Maps

and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions

thereto are hereby adopted by reference and declared to be a part of this section.

(c) Establishment of Development Permit. A development permit shall be required to

ensure conformance with the provisions of this section.

(d) Compliance. No structure or land shall hereafter be located, altered, or have its

use changed without full compliance with the terms of this section and other

applicable regulations.

(e) Abrogation and Greater Restrictions. This section is not intended to repeal,

abrogate, or impair any existing easements, covenants, or deed restrictions.

However, where this section and another conflict or overlap, whichever imposes

the more stringent restrictions shall prevail.

(f) Interpretation. In the interpretation and application of this section, all provisions

shall be:

(i) considered as minimum requirements;

(ii) liberally construed in favor of the governing body; and

(iii) deemed neither to limit nor repeal any other powers granted under State

statutes.

(g) Warning and Disclaimer or Liability. The degree of flood protection required by

this section is considered reasonable for regulatory purposes and is based on

scientific and engineering considerations. On rare occasions greater floods can

and will occur and flood heights may be increased by man-made or natural causes.

This section does not imply that land outside the areas of special flood hazards or

uses permitted within such areas will be free from flooding or flood damages.

This section shall not create liability on the part of the community or

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Sec. 3.807: Administration.

(a) The mayor of the City of Ganado is hereby appointed the floodplain administrator

to administer and implement the provisions of this section and other appropriate

sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to

floodplain management.

(b) Duties and Responsibilities of the Floodplain Administrator. Duties and

responsibilities of the floodplain administrator shall include, but not be limited to,

the following:

(i) Maintain and hold open for public inspection all records pertaining to the

provisions of this section.

(ii) Review permit application to determine whether proposed building site

will be reasonably safe from flooding.

(iii) Review, approve or deny all applications for development permits required

by adoption of this section.

(iv) Review permits for proposed development to assure that all necessary

permits have been obtained from those federal, state or local governmental

agencies (including Section 404 of the Federal Water Pollution Control

Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is

required.

(v) Where interpretation is needed as to the exact location of the boundaries of

the areas of special flood hazards (for example, where there appears to be

a conflict between a mapped boundary and actual field conditions) the

floodplain administrator shall make the necessary interpretation.

(vi) Notify, river authorities, adjacent communities and the State Coordinating

Agency which is the Texas Water Commission, prior to any alteration or

relocation of a watercourse, and submit evidence of such notification to

the Federal Emergency Management Agency.

(vii) Assure that the flood carrying capacity within the altered or relocated

portion of any watercourse is maintained.

(viii) When base flood elevation data has not been provided in accordance with

Sec. 3806(b), the floodplain administrator shall obtain, review, and

reasonably utilize any base flood elevation data and floodway data

available from a federal, state, or other source, in order to administer the

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provisions of Sec. 8.808.

(ix) When a regulatory floodway has not been designated, the floodplain

administrator must require that no new construction, substantial

improvements, or other development (including fill) shall be permitted

within Zones Al-30 and AE on the community's FIRM, unless it is

demonstrated that the cumulative effect of the proposed development,

when combined with all other existing and anticipated development, will

not increase the water surface elevation of the base flood more than one

(1) foot at any point within the community.

(c) Permit Procedures

(i) Application for a development permit shall be presented to the floodplain

administrator on forms furnished by him/her and may include, but not be

limited to, plans in duplicate drawn to scale showing the locations,

dimensions, and elevation of proposed landscape alterations, existing and

proposed structures, and the location of the foregoing in relation to area~

of special flood hazard. Additionally, the following information is

required:

(A) elevation (in relation to mean sea level), of the lowest floor

(including basement) of all new and substantially improved

structures;

(B) elevation in relation to mean sea level to which any nonresidential

structure shall be flood proofed;

(C) a certificate from a registered professional engineer or architect

that the nonresidential floodproofed structure shall meet the

floodproofing criteria of Sec. 3.808 (2)(a);

(D) description of the extent to which any watercourse or natural

drainage will be altered or relocated as a result of proposed

development; and

(E) maintain a record of all such information in accordance with Sec.

3.807 (2)(a).

(ii) Approval or denial of a development permit by the floodplain

administrator shall be based on all of the provisions of this section and the

following relevant factors:

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(A) the danger to life and property due to flooding or erosion damage;

(B) the susceptibility of the proposed facility and its contents to flood

damage and the effect of such damage on the individual owner;

(C) the danger that materials may be swept onto other lands to the

injury of others;

(D) the compatibility of the proposed use with existing and anticipated

development;

(E) the safety of access to the property in times of flood for ordinary

and emergency vehicles;

(F) the costs of providing governmental services during and after flood

conditions including maintenance and repair of streets and bridges,

and public utilities and facilities such as sewer, gas, electrical, and

water systems;

(G) the expected heights, velocity, duration, rate of rise and sediment

transport of the flood waters and the effects of wave action, if

applicable, expected at the site;

(H) the necessity to the facility of a waterfront location, where

applicable;

(I) the availability of alternative locations, not subject to flooding or

erosion damage, for the proposed use;

(J) the relationship of the proposed use to the comprehensive plan for

that area.

(d) Variance Procedures

(i) The appeal board as established by the community shall hear and render

judgment on requests for variances from the requirements of this section.

(ii) The appeal board shall hear and render judgment on an appeal only when

it is alleged there is an error in any requirement, decision, or determination

made, by the floodplain administrator in the enforcement or administration

of this section.

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(iii) Any person or persons aggrieved by the decision of the appeal board may

appeal such decision in the courts of competent jurisdiction.

(iv) The floodplain administrator shall maintain a record of all actions

involving an appeal and shall report variances to the Federal Emergency

Management Agency upon request.

(v) Variances may be issued for the reconstruction, rehabilitation or

restoration of structures listed on the National Register of Historic places

or the State Inventory of Historic Places, without regard to the procedures

set fourth in the remainder of this section.

(vi) Variances may be issued for new construction and substantial

improvements to be erected on a lot of one-half (1/2) acre or less in size

contiguous to and surrounded by lots with existing structures constructed

below the base flood level, providing the relevant factors in Sec. 3.807 (c)

(ii) above have been fully considered. As the lot size increases beyond the

one-half (1/2) acre, the technical justification required for issuing the

variance increases.

(vii) Upon consideration of the factors noted above and the intent of this

section, the appeal board may attach such conditions to the granting of

variances as it deems necessary to further the purpose and objectives of

subsection C of this section.

(viii) Variances shall not be issued within any designated floodway if any

increase in flood levels during the base flood discharge would result.

(ix) Prerequisites for granting variances:

(A) variances shall only be issued upon a determination that the

variance is the minimum necessary, considering the flood hazard,

to afford relief.

(B) variances shall only be issued upon (1) a showing of good and

sufficient cause, (2) a determination that failure to grant the

variance would result in exceptional hardship to the applicant, and

(3) a determination that the granting of a variance will not result in

increased flood heights, additional threats to public safety,

extraordinary public expense, create nuisances, cause fraud on or

victimization of the public, or conflict with existing local laws or

ordinances.

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(C) Any applicant to whom a variance is granted shall be given written

notice that the structure will be permitted to be built with a lowest

floor elevation below the base flood elevation, and that the cost of

flood insurance will be commensurate with the increased risk

resulting from the reduced lowest floor elevation.

(x) Variances may be issued by a community for new construction and

substantial improvements and for other development necessary for the

conduct of a functionally dependent use provided that (i) the criteria

outlined in Sec. 3.807 are met, and (ii) the structure or other development

is protected by methods that minimize flood damages during the base

flood and create no additional threats to public safety.

Sec. 3.808: Provisions for Flood Hazard Reduction.

(1) General Standards. In all areas of special flood hazards the following provisions

are required for all new construction and substantial improvements:

(a) All new construction or substantial improvements shall be designed (or

modified) and adequately anchored to prevent flotation, collapse, or lateral

movement of the structure resulting from hydrodynamic and hydrostatic

loads, including the effects of buoyancy;

(b) All new construction or substantial improvements shall be constructed by

methods and practices that minimize flood damage;

(c) All new construction or substantial improvements shall be constructed

with materials resistant to flood damage;

(d) All new construction or substantial improvements shall be constructed

with electrical, heating, ventilation, plumbing, and air conditioning

equipment and other service facilities that are designed and/or located so

as to prevent water from entering or accumulating within the components

during conditions of flooding.

(e) All new and replacement water supply systems shall be designed to

minimize or eliminate infiltration of flood waters into the system;

(f) New and replacement sanitary sewage systems shall be designed to

minimize or eliminate infiltration of flood waters into the system and

discharges from the systems into flood waters; and,

(g) On-site waste disposal systems shall be located to avoid impairment to

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them or contamination from them during flooding.

(2) Specific Standards. In all areas of special flood hazards where base flood

elevation data has been provided as set forth in Sec. 3.806(b), 3,807(b)(viii), and 3.808,

the following provisions are required:

(a) Residential Construction - New construction and substantial improvement

of any residential structure shall have the lowest floor, including basement,

elevated to or above the base flood elevation. A registered professional

engineer, architect or land surveyor shall submit a certification to the

floodplain administrator that these standards as proposed in Sec.

3.807(c)(i)(A), are satisfied.

(b) Nonresidential Construction - New construction and substantial

improvement of any commercial, industrial, or other nonresidential

structure shall either have the lowest floor, including basement, elevated to

or above the base flood level or, together with attendant utility and sanitary

facilities, be designed so that below the base flood level the structure is

watertight with walls substantially impermeable to the passage of water

and with structural components having the capability of resisting

hydrostatic and hydrodynamic loads and effects of buoyancy. A registered

professional engineer or architect shall develop and/or review structural

design, specifications and plans for the construction, and shall certify that

the design and methods of construction are in accordance with accepted

standards of practice as outlined in this subsection. A record of such

certification which includes the specific elevation (in relation to mean sea

level) to which such structures are flood proofed shall be maintained by

the floodplain administrator.

(c) Enclosures - new construction and substantial improvements, with fully

enclosed areas below the lowest floor that are subject to flooding shall be

designed to automatically equalize hydrostatic flood forces on exterior

walls by allowing for the entry and exist of floodwater. Designs for

meeting this requirement must either be certified by a registered

professional engineer or architect or meet or exceed the following

minimum criteria:

(i) A minimum of two (2) openings having a total net area of not less

than one (1) square inch for every square foot of enclosed area

subject to flooding shall be provided.

(ii) The bottom of all openings shall be no higher than one (1) foot

above grade.

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(iii) Openings may be equipped with screens, louvers, valves, or other

coverings or devices provided that they permit the automatic entry

and exit of floodwater.

(d) Manufactured Homes -

(i) Require that all manufactured homes to be placed within Zone A,

shall be installed using methods and practices which minimize

flood damage. For the purpose of this requirement, manufactured

homes must be elevated and anchored to resist flotation, collapse,

or lateral movement. Methods of anchoring may include, but are

not limited to, use of over-the-top or frame ties to ground anchors.

This requirement is in addition to applicable state and local

anchoring requirements for resisting wind forces.

(ii) All manufactured homes shall be in compliance with Sec. 3.808.

(iii) Require that all manufactured homes to be placed or substantially

improved within Zones Al-30, AH and AE on the city's FIRM be

elevated on a permanent foundation such that the lowest floor of

the manufactured home is at or above the base flood elevation; and

be securely anchored to an adequately anchored foundation system

in accordance with the provision Sec. 3.808 of this section.

(3) Standards for Subdivision Proposals

(a) All subdivision proposals including manufactured home parks and

subdivisions shall be consistent with Sec. 3.802, 3.803 and 3.804 of this

Article.

(b) All proposals for the development of subdivisions including manufactured

home parks and subdivisions shall meet development permit requirements

of subsections 3.806(c), 3.807(c) and 3.808 of this Article.

(c) Base flood elevation data shall be generated for subdivision proposals and

other proposed development including manufactured home parks and

subdivisions which are greater than fifty (50) lots or five (5) acres,

whichever is lesser, if not otherwise provided pursuant to Sec. 3.806(d) or

3.807(b)(viii) of this section.

(d) All subdivision proposals including manufactured home parks and

subdivisions shall have adequate drainage provided to reduce exposure to

flood hazards.

(e) All subdivision proposals including manufactured home parks and

subdivisions shall have public utilities and facilities such as sewer, gas,

electrical and water systems located and constructed to minimize or

eliminate flood damage.

(4) Standards For Areas of Shallow Flooding (AO/AH Zones). Located within the

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areas of special flood hazard established in Sec. 3.806(d) are areas designated as

shallow flooding. These areas have special flood hazards associated with base

flood depths of one (1) to three (3) feet where a clearly defined channel does not

exist and where the path of flooding is unpredictable and where velocity flow may

be evident. Such flooding is characterized by poinding or sheet flow; therefore,

the following provisions apply:

(a) All new construction and substantial improvements of residential

structures have the lowest floor (including basement) elevated above the

highest adjacent grade at least as high as the depth number specified in feet

on the community's FIRM (at least two feet (2') if no depth number is

specified).

(b) All new construction and substantial improvements of nonresidential

structures:

(i) have the lowest floor (including basement) elevated above the

highest adjacent grade at least as high as the depth number

specified in feet on the community's FIRM (at least two feet (2') if

no depth number is specified), or;

(ii) together with attendant utility and sanitary facilities be designed so

that below the base flood level the structure is water-tight with

walls substantially impermeable to the passage of water and with

structural components having the capability of resisting hydrostatic

and hydrodynamic loads of effects of buoyancy.

(c) A registered professional engineer or architect shall submit a certification

to the floodplain administrator that the standards of this section, as

proposed in Sec. 3.807(c)(i)(A), are satisfied.

(d) Require within Zones AH and AO, adequate drainage paths around

structures on slopes, to guide flood waters around and away from proposed

structures.

(5) Floodways. Floodways located within areas of special flood hazard established in

Sec. 3.806(d), are areas designated as floodways. Since the floodway is an

extremely hazardous area due to the velocity of flood waters which carry debris,

potential projectiles and erosion potential, the following provisions shall apply:

(a) Encroachments are prohibited, including fill, new construction, substantial

improvements and other development unless certification by a professional

registered engineer or architect is provided by demonstrating that

encroachments shall not result in any increase in flood levels within the

community during the occurrence of the base flood discharge.

(b) If Sec. 3.808 H(5)(a) above is satisfied, all new construction and

substantial improvements shall comply with all applicable flood hazard

reduction provisions of Sec. 3.808.

(Ordinance No. 158 of December 8, 1987)

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ARTICLE 3.900 MOBILE HOMES AND MOBILE HOME PARKS

Sec. 3.901: Definition. The following words used in this section shall mean:

(1) Building Official means a person authorized by the city to perform the duties

described herein.

(2) City means City of Ganado, Jackson County, Texas.

(3) Licensee means a person to whom a license for construction and/or operation and

maintenance of a park has been issued.

(4) Mobile Home means a portable structure originally built with wheels for road

transport, and equipped with such facilities for cooking and sanitation to permit its

use as a self-contained and permanent dwelling.

(5) Mobile Home Space means the ground area allocated for occupancy by one (1)

mobile home in the layout of a park.

(6) Nonpark Location means a mobile home placed in the city at a site other than a

mobile home park.

(7) Off-Street Parking Space means an unobstructed area of minimum nine feet (9')

by eighteen feet (18') dimensions, allocated for parking a vehicle in the layout of a

park.

(8) Park means a plot of ground upon which two (2) or more mobile homes, occupied

as dwellings, are located.

(9) Permit means a nonpark location use permit has been issued for the placement

and use of a mobile home within the city limits outside a mobile home park.

(10) Person means any natural individual, corporation, or legal entity.

Sec. 3.902: General Requirements for Tie-Down, Anchorage and Foundations for

Mobile Homes.

(1) Every person owning a mobile home located within the City of Ganado shall

provide same with adequate tie downs to secure same against any movement or

overturning. Such tie downs shall be equal to those required by the Texas

Department of Labor and Standards, Mobile Home Division, Standards and

Requirements 063.55.

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(2) All mobile homes within the city shall meet the tie-down requirements of this

section within three (3) months from the effective date of this section.

Sec. 3.903: Nonpark Location; Placing Mobile Homes Elsewhere than in Mobile Home

Parks and Requiring Skirting to be Installed on Said Mobile Homes.

After the adoption of this section, no person shall locate a mobile home outside a mobile home

park for use as a dwelling within the city limits without a nonpark location use permit as

hereinafter provided:

(a) The application shall be reviewed by the building official and the city inspector to

determine compliance with the following requirements:

(1) Design and construction of the mobile home and/or manufactured homes

shall conform with the provisions of the United States Department of

Housing and Urban Development standards for such types of homes as in

force and effect.

(2) Conformity with applicable provisions of Article 3.800, et seq. of this code

regarding flooding.

(3) Conformity with Sec. 3.902 of this section.

(4) Installation of skirting of type and quality as approved by the Public

Works Director and/or the City Building Inspector. Skirting shall have

appropriate vent screens and/or openings and shall be installed on each

mobile home within thirty (30) days after its placement upon a nonpark

location, or within thirty (30) days after written notice is delivered to the

owner and/or occupant of said mobile home, whichever is later. Skirting

shall also be required around any porch, deck, room addition or other

structure attached and/or abutting said mobile home.

(b) Upon approval of the Public Works Director and/or City Building Inspector and

the Fire Marshall, and payment of a permit fee of ten dollars ($10.00), the City

Secretary shall issue a permit which shall be valid for one (1) year. No city utility

service shall be provided to a mobile home in a nonpark location which does not

have a valid permit.

(Ordinance No. 297 of July 13, 1999).

Sec. 3.904: License Required for Mobile Home Park.

It shall be unlawful for any person to construct, maintain, or operate a park within the city limits

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without a license therefore. No city utility service shall be provided until the permit or license

herein provided for shall have been issued. Written application for a license, signed by the

applicant and accompanied by the exhibits listed below, shall be submitted to the city secretary.

It shall state the applicant's address and legal description of the land wherein construction of a

park is proposed and shall be accompanied by the following exhibits:

(1) A plat showing the location and configuration of the proposed park, including the

layout of its mobile home spaces, streets, parking spaces, walkways and utility

service lines;

(2) Plans and specifications for all buildings and service facilities.

Every person operating a park within the city limits on the effective date of this section shall,

within sixty (60) days after that date, submit a written application for a license, accompanied by

exhibits 3.904(l) and 3.904(2) above. The building official will review each license application

and make recommendations thereon to the city commission. In considering the disposal of any

such application, the city commission may take into account the character of the neighborhood,

with respect to present and anticipated land use and development, wherein the park is proposed

to be located or is in operation. On approval of an application by the city commission, the city

secretary will issue a license.

Sec. 3.905: Renewal or Transfer of Mobile Home Park License.

For validity, a license shall be renewed each year. Upon payment of Ten dollars ($10.00) per

occupied trailer space with a twenty-five dollar ($25.00) minimum payable the first month of

each year. To transfer a license or permit, a written request to do so shall be official, and with his

approval, the city will issue a transfer, the fee therefore being ten dollars ($10.00) per occupied

trailer space with a twenty-five dollar ($25.00) minimum.

(Ordinance No. 305 of November 9, 1999).

Sec. 3.906: Posting of Mobile Home Park License.

Such certificates shall be conspicuously posted by licensee in the office of, or on the premises of

the park at all times.

Sec. 3.907: Revocation of Mobile Home Park License.

A license may be revoked when the licensee is found guilty by a court of competent jurisdiction

of violating any provision of this section and after a public hearing is held before the city

commission according to written notice given to licensee at least ten (10) days prior to such

hearing.

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Sec. 3.908: Mobile Home Park Design and Construction.

(1) Size of Park; Spacing and Clearances for Mobile Homes. The minimum size of a

park shall be one-half (1/2) acre. A mobile home space shall be at least three (3)

times larger than the mobile home to be placed thereon and no less than three

thousand (3,000) square feet in area. Such spaces shall be clearly delineated on

the ground in accordance with the layout plan submitted with the license

application. A minimum clearance of thirty feet (30') between mobile homes shall

be provided and a minimum clearance of ten feet (10') between any mobile home

and a park boundary that does not abut upon public street; when a park boundary

abuts upon a public street, no mobile home shall be closer thereto than twenty-five

feet (25').

(2) Off-street Parking Spaces. At least two (2) such spaces shall be provided for

each mobile home space and one (I) such space, additional for each four (4)

mobile home spaces. Construction shall be as prescribed in subsection H(3)

below.

(3) Streets and Walkways. Every mobile home park shall have direct access from a

public street and each mobile home space shall have direct access to a public

street or to an internal street. Where an internal street provides access, the same

shall be dedicated to the public as an emergency access easement to allow for the

rapid and safe movement of vehicles used for the purpose of providing emergency

health or public safety purposes. Each emergency access easement shall have a

clear unobstructed width of at least fifteen feet (15'), and shall connect at each end

to a dedicated public street, or shall have a turnaround of minimum sixty feet (60')

diameter. Within parks with twenty (20) or more mobile home spaces, the

internal street shall be named, and mobile home spaces numbered to conform with

block numbers on adjacent public streets. Street signs shall be of a color and size

contrasting with those on public streets so that there is no confusion regarding

which are private and which are public streets. These signs and numbers shall be

of standard size and placement to facilitate location by emergency vehicles. Such

streets shall be of all-weather construction. All parks shall. provide walkways of

minimum thirty inches (30") width for pedestrian access to each mobile home

from a street.

(4) Electrical Service. An electrical service connection shall be provided for each

mobile home space. Design and construction of the park electrical system shall

conform with the city's electrical code.

(5) Water Supply. An adequate supply of potable water shall be supplied to each

mobile home space through piping conforming with the city's plumbing code, and

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an outdoor hydrant shall be installed at each mobile home space, at least four

inches (4") above the ground.

(6) Sewage Disposal. Each mobile home space shall be provided with a sewer riser

pipe of minimum of four inches (4") diameter. The individual sewer connections

and all other elements in the park sewer system shall conform with the city's

plumbing code. Disposal shall be into the city's sewer system unless an exception

is granted by the city commission, permitting disposal by other means that

conform in design and construction with all applicable codes and regulations of

the city.

(7) Drainage. The park shall be located and graded as to drain away all surface water

in a safely efficient manner. Accumulations of stagnant water will not be

permitted.

(8) Fire Protection.

(a) Service buildings (office, laundry facilities, repair shops, etc.) shall be

provided with emergency fire-extinguishing apparatus if such types and

sizes as may be prescribed by the City Fire Marshall.

(b) Installation of skirting of a type and quality as approved by the Public

Works Director and/or the City Building Inspector, with appropriate vent

screens and/or openings, shall be installed on each mobile home and

manufactured home within thirty (30) days after its placement in the park,

or within thirty (30) days after written notice is delivered to the owner

and/or occupant of said mobile home. Skirting shall also be required

around any porch, deck, room addition or other structure attached and/or

abutting said mobile home.

(# 8 -- Ordinance No. 297 of July 13, 1999).

(9) Fuel Supply. Gas piping systems shall be installed underground in accordance

with the applicable codes and regulations. Gas outlets shall be capped when the

mobile home spaces they serve are vacant. Natural gas shall be supplied except

that a liquefied petroleum gas system may be installed if the nearest available

natural gas supply is more than one thousand feet (1,000') from the park. LPG

systems shall conform with applicable codes and regulations by the Texas

Railroad Commission pertaining thereto.

(10) Extensions of Mobile Homes. No structural extension shall. be attached to a

mobile home in violation of the spacing and clearance requirements of subsection

H. An extension that does not violate those requirements may be installed if it

meets the following requirements:

(a) Metal, fire resistive, double wall panels with mechanically connected

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joints; materials and construction conform with city building code

minimum standards.

(b) Length no greater than that of mobile home to which it is accessory.

(c) To be dismantled on removal from the park of the mobile home to which it

is accessory.

(11) Anchorage and Foundations for Mobile Homes. Anchorage and foundation for

each mobile home shall conform to section 3.902 of this chapter.

Sec. 3.909: Operation and Maintenance of Mobile Home Parks.

(A) Licensee shall keep up to date and have available for inspection at the park a

register of park occupancy that shall contain the following information:

(1) Name and legal address of park residents.

(2) Mobile home registration data, including make, length, width, year of

manufacture and identification number.

(3) Location of each mobile home by space number or, in parks to which the

street-naming requirements of Section 3.908(3) apply, by street name and

number.

(B) A new register shall be initiated on January 1st each year and the old register

retired but retained on the park premises for at least three (3) years thereafter.

(C) Within ten (10) days after the first day of January each year, licensee shall furnish

to the city tax assessor/collector a list of all mobile home residents in the park on

the first day of January. The list shall contain the owner's name and address; the

make, length, width, year of manufacture and identification number of the mobile

home; and the location description of said mobile home within the park.

(D) Within ten (10) days after the first day of July of each year, licensee shall furnish

to the city tax assessor-collector the same data required in the preceding paragraph

on all residents who have moved into the park after the first day of January; and

information on all mobile homes that have moved out of the park after the first

day of January, including the foregoing data plus the date on which each mobile

home left the park, and the destination of the mobile home if known or

ascertained by licensee.

(E) The licensee shall be responsible for keeping the park in a clean, safe and sanitary

condition, free of accumulations of rubbish and of rank growth of grass or weeds

that might constitute a fire hazard or give harborage to noxious insects. Walks,

streets and parking spaces shall be maintained in a serviceable "all-weather"

condition.

(F) No open fires shall be permitted in the park except for out-door cooking on

camper type stoves or charcoal grills. No flammable liquids shall be stored

beneath mobile homes or otherwise than in accordance with the city fire

regulations. The fire-resistant skirting specified in subsection 3.908(8) shall be

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maintained intact to prevent accumulations of flammable materials beneath

mobile homes. Emergency fire-extinguishing apparatus, if required, shall be

inspected and tested at intervals of time suggested by the manufacturer.

(G) The storage, collection and disposal of refuse and garbage shall be so conducted

as to create no health hazards, rodent harborage, insect breeding grounds, fire

hazards, litter or air pollution. Each mobile home space shall be provided with

rodent-proof garbage receptacles of sufficient number and size to store properly

all refuse and garbage between collections.

Sec. 3.910: Mobile Home Parks Within Extraterritorial Jurisdiction of the City.

No person shall subdivide land within the extraterritorial jurisdiction of the city for the purpose

of creating a mobile home park until a plat of the park has been approved by the city

commission. Such plat shall be submitted to the city commission for approval, shall be

accompanied by the information outlined in items (1) and (2), of Section 3.904 and shall conform

to the design requirements of subsection 3.908.

(Provision for inclusion of Chapter 3, Section 9 A-J provided for in ordinance adopting code)

Sec. 3.911: Regulation of Placement of Mobile Homes.

(1) No mobile home shall be placed within eight feet (8') from any side boundary line

or thirty feet (30') from any front or rear boundary line of a lot located in the City

of Ganado, nor shall any mobile home be placed within ten feet (10') from any

existing building.

(2) A variance from the above regulations may be approved if request is made to the

city commission by the person and approved by the city commission.

(Ordinance No. 100A of September 4, 1984)

ARTICLE 3.1000 STREET, SIDEWALK, AND ALLEY USE REGULATIONS

Sec. 3.1001: Adoption of State Law.

The provisions of Article 1105b, as amended, in Vernon's Annotated Civil Statutes, are hereby

adopted by the city as controlling the establishment, construction, and repair of street

improvements within the city.

Sec. 3.1002: Obstruction Prohibited.

(1) Drainage Ways. It shall. be unlawful for any person to obstruct, close up, or fill

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any street gutter or public drainway of any kind for any purpose.

(2) Public Ways in General.

(i) It shall be unlawful for any person within the city, without obtaining a

permit, to erect, construct, reconstruct, alter, or repair, or to permit the

erection, construction, reconstruction, alternation, repair of any fence,

walk, hedge, structure, or any other character of obstruction, over, on or

across any public property, way, alley, street, sidewalk, or park; or

between the property lines of any lot and a public street or alley line.

(ii) It shall be unlawful for any person to stop or stand in the way so as to, in

any manner, obstruct the use of sidewalks, streets, or any other public

place in the city of loafing, lounging, or standing on or upon the same.

(3) Penalty for Violation. Any person who shall violate any of the provisions of this

section or fail to comply therewith shall be deemed guilty of a misdemeanor. The

owner or owners of any building or premises, or part thereof, where anything in

violation of this section shall be placed or exist, and any architect, builder,

contractor, or other person assisting in the commission of any such violation shall

also be deemed guilty of a separate misdemeanor.

(4) Public Improvements. It shall be unlawful for any person to interfere with, or

obstruct by means of threat, coercion, duress, or other methods whatsoever, either

directly or indirectly, any public improvement authorized by the city commission,

the mayor or other city officials.

(5) Intersections. For the purpose of interpreting this section, certain~terms used

herein are defined as follows:

(i) The term "intersection visibility triangle," shall mean a triangle sight area,

at any intersection, which shall include that portion of the public

right-of-way and any corner lot within a triangle formed by a diagonal line

extending through points on the two curbs, gutters, or ditch lines

twenty-five feet (25') from the intersection of curb, gutter, or ditch line

extended and intersecting the curb, gutter, or ditch line.

(ii) The term "parkway area," shall mean the area between the curb line or

grade line of any public street or alley and the abutting private property

line.

(6) Planting, Maintaining or Permitting of the Growth of Vegetation. It shall be

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unlawful for any person to set out, maintain, or permit or cause to be set out or

maintained, any tree, shrub, plant, sign, or other view obstruction having a height

greater than two feet (2') as measured from the top of the curb of the adjacent

street within the intersection visibility triangle. This restriction shall not apply to

permanent structures authorized by the city or to traffic control signs and signals,

street signs, or utility poles placed within such area by authority of the city

commission. This prohibition shall not apply to trees within the intersection

visibility triangle which are trimmed at all times so that no branch is less than

seven feet (7') above curb level or is obscuring the view of motor vehicle

operators of any traffic control device or street sign or otherwise creating a traffic

hazard.

(7) Parkway Areas. It shall be unlawful for any person to set out, maintain, or permit

or cause to be set out or maintained any tree, shrub, plant, or other view

obstruction within any parkway area, other than within the intersection visibility

triangle, which exceeds two feet (2') in height above curb level. This prohibition

shall not apply to trees within the parkway area which are trimmed at all times so

that no branch is less than seven feet (7') above curb level and which are planted

no less than twenty-five feet (25') apart; provided, however, such trees shall not

interfere with the free passage of vehicles on the street or pedestrians on the

sidewalk or obscure the view of motor vehicle operators of any traffic control

device or street sign, or otherwise create a traffic hazard.

Sec. 3.1003: Temporary Culvert Prohibited.

It shall be unlawful for any person to construct or build a culvert of wood or other temporary

material across any street, gutter, or drainage way.

Sec. 3.1004: Display of Merchandise Restricted.

It shall be unlawful for any person acting in self interest, or as agent, employee, or contractor, to

set out for display any merchandise, equipment, racks, empty bottles or cases, or any other

articles which create a hazard or would detract from the appearance of the sidewalks or streets in

the city.

(Ordinance of April 10, 1979)

Sec. 3.1005: Numbering of Buildings.

(1) All residential dwellings, commercial buildings, manufactured homes and mobile

homes fronting on any street or alley in the city shall be assigned a number. The

numbering shall be according to a map made for such purpose and on file in the

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city secretary's office, all odd numbers being on one side of the street and all even

numbers being on the opposite side. The assigned numbers shall be at least four

(4) inches high, placed in a conspicuous location on the structure visible from the

street, and of a color in contrast with the background onto which they are

mounted.

(2) It shall be every person and entity's responsibility to apply to the city secretary for

the proper number to put on their residential dwelling, commercial building,

manufactured home and mobile home; and any person or entity failing or refusing

to put the proper number on its residential dwelling, commercial building,

manufactured home and mobile home or putting the wrong number thereon, or

failing or refusing to comply with any other requirement of this section shall be

deemed guilty of a misdemeanor, punishable by fine up to two hundred dollars

($200.00).

(3) Any person or entity owning either a newly constructed residential dwelling or

commercial building, or locating or relocating a manufactured home or mobile

home, within the city of Ganado, Jackson County, Texas, will be given thirty (30)

days after completion of construction of the residential dwelling or commercial

building, or the location or relocation of a manufactured home or mobile home, to

install the proper number without being found in violation of this section.

(Ordinance No. 202 of February 7, 1990)

Sec. 3.1006: Right to Adopt Other Restrictions.

The city hereby reserves the right to put into effect, at any time, other restrictions and regulations

as to the erection and maintenance of gas mains, pipes, poles, and other appurtenances in the

streets, easements, alleys, and other public ways of the city; and, from time to time, to require

such gas mains, pipes, poles, and other property, equipment, and fixtures as it may deem proper

to be removed on such terms as the city may deem proper.

Sec. 3.1007: Enforcement.

It shall be the duty of the city secretary or the mayor to cause a written notice to be served upon

the occupant or owner of any property upon which any violation of this section exists, or upon

any owner or occupant of any property which abuts any parkway area upon which any violation

exists, to correct such violation within ten (10) days after service of such notice. If such violation

is not corrected within the specified ten (10) day period, the city secretary or mayor is hereby

authorized and directed to cause any tree, plant, shrub, or structure constituting such violation to

be trimmed, pruned, or removed to eliminate such prohibited condition.

(Ordinance of April 10, 1979)

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ARTICLE 3.1100 CONSTRUCTION REQUIREMENTS FOR STREETS, DRIVEWAYS,

AND OTHER PUBLIC RIGHTS-OF-WAY

Sec. 3.1101: Conformance to Specifications.

Any construction, reconstruction, alteration, or repair of a street, sidewalk, alley, driveway, curb,

or other improvement within the city shall be in conformance with plans and specifications

promulgated therefor by the city engineer, approved by the city commission, and on file in the

office of the city secretary.

Sec. 3.1102: Permit for Construction Required.

It shall be unlawful for any person to construct, reconstruct, alter, or repair any street, sidewalk,

alley, driveway, or curb within this city without first obtaining a permit to do so from the city.

(1) Application. Any person desiring a permit required by the provisions of this

section shall make application therefor to the city engineer on forms provided by

such engineer for such purposes.

(2) Submittal of Plans and Specifications. Along with the application for a permit

required by this section, the applicant therefor shall provide plans and

specifications for the proposed improvement. No deviation from such plans and

specifications during the improvement for which such permit may be issued under

this section shall be permitted without prior approval of the city engineer.

(3) Fee. Before any permit is issued under the provisions of this section, the

applicant therefor shall pay a fee to the city engineer, as determined by the city

commission from time to time.

(4) Bond. As a condition to the issuance of any permit under the provisions on this

section, the applicant therefor shall file with the city engineer a bond or other

instrument of financial responsibility guaranteeing that the contemplated

improvement shall be made, constructed, reconstructed, altered, or repaired in

conformance to plans and specifications therefor, and that the permittee shall be

financially liable for any and all damages arising therefrom. The amount of such

financial responsibility shall be as determined by the city commission from time

to time.

(Ordinance of April 10, 1979)

Sec. 3.1103: Driveways.

(1) Construction. All persons owning property abutting to public streets in the city shall construct or

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cause to be constructed, at their own expenses, returns, culverts or driveways paved with

concrete, brick, stone, or other material. The Director of Public Works shall establish the

specifications of each culvert and catch/drainage basin hereafter installed in the City and each

must be approved by the Director of Public Works before such are installed. The specifications

established by the Director of Public Works may vary from time to time and from location to

location, all at the discretion of the Director of Public Works. Provided however, any culvert

exceeding forty (40) feet in length shall additionally have a city approved catch/drainage basin

and no more than forty (40) feet must exist between each basin. Concrete culverts may not be

used within the city limits. Existing concrete culverts may remain, but may not extend or be

replaced with concrete culverts. Such driveways, culverts, or returns shall lead from curb line or

street base edge to the owner's property line as may be necessary to enter with any vehicle from

the street, and shall be constructed on such grades with such materials and under such

specifications as may be required by the city. It shall be the duty of the city, upon the

application of the property owner, to furnish the correct grade of said proposed culvert return or

driveway free of cost, and if requested, the city shall additionally set said culvert as provided by

said property owner, the completion of the fill around said culvert to be at the expense of the

property owner. The construction of said return, culvert or driveway shall be commenced and

completed under the supervision of the city. Once installed, the subsequent repair, maintenance

and upkeep of said driveway, culvert and return are the sole responsibility of the property owner,

but subject however to specifications as may be required by the city. Curb and gutters are also

the sole responsibility of the property owner. Ordinance No. 327 March 12, 2002

Adoption of State Regulations. The provisions of the booklet entitled Regulations For

Access Driveways To State Highways,” dated September 23, 1953, as amended in

September, 1960, and published by the Texas Highway Department, with Minute Order

#34719, is hereby adopted by the city for the public safety and protection of the citizens

of the city. A copy of this booklet is on file in the office of the city secretary.

(3) Protection of the Public. It shall be the duty of any permittee under the provisions

of this section to provide sufficient and suitable barricades, lights, and other

devices necessary to warn and protect the public and insure the safety of the work.

Sec. 3.1104: Permit Required for Excavation or Openings.

It shall be unlawful for any person to make any excavation or opening in any street, alley, or

public highway of the city without first having obtained a permit from the director of public

works to do so.

(1) Applications. The application for a permit to make any excavation or opening in

any of the streets, alleys, or public highways of the city shall be made to the

director of public works and shall state clearly the name of the street or highway

in which such excavation or opening is proposed, the exact location in said

highway wherein it is proposed to make such opening, the purpose of making the

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opening, and the name of the person who proposes to make such excavation or

opening.

(2) Bond. The director of public works shall estimate the probable cost of replacing

the soil which may be removed from such public street or highway where

proposed excavation or opening is to be made, and shall require the applicant to

file a written bond, with two (2) or more sufficient sureties, in an amount

sufficient to cover such cost; conditioned that the street shall be restored in as

good condition as it was before the excavation or opening therein was made.

Such bond shall be received and approved by the director of public works. If the

applicant elects to do so, he may make a cash deposit in such sum as may have

been fixed by the director of public works in lieu of the written bond.

(3) Issuance. When the bond or deposit required shall have been accepted by the

director of public works, this person shall then issue a permit for the excavation or

opening named in the application, and the applicant may then proceed with the

work in the exact location designated in his application and in no other place.

(4) Protection of the Public. It shall be the duty of any person making an excavation

in any street in the city to adequately and sufficiently protect all such excavations

by barricades or other obstructions, including not less than one (1) red light on

each side of such excavation during the nighttime, so as to prevent accidents or

injuries to persons or property, until such time as such excavation is resurfaced

and approved by the director of public works.

(5) Supervision of Work. All the work of excavating or making any character of

opening in any of the streets, alleys, or highways in the city shall, at all times, be

under the supervision of the director of public works, and the person or persons

doing the work shall do the same in the manner directed by the director of public

works, to the end that the streets and highways of the city shall not be unduly

disturbed or traffic thereon obstructed.

(6) Completion of Work. After such excavation or opening shall have been made, the

person so making it shall backfill the excavation or opening with such material

and in such manner as the director of public works may require, and shall leave

the street or highway in at least the same condition as it was before the opening

was made.

(7) Inspection of Work. The conditions of the bond required by Sec. 3.1104(b) shall

not be considered to have been complied with until the director of public works

has accepted the street or highway as being in satisfactory condition. In the event

that the person making the opening shall fail to leave the highway in good state of

repair, satisfactory to the director of public works, then the director of public

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works shall call upon the bondsman to pay for the cost of repairing such highway;

provided, however, that in the event of a cash deposit instead of a bond, the

director of public works may proceed to have the street or other property put in

good condition, paying for the same out of the deposit made by such person; and

if there be any remainder of the deposit after paying for such work, such

remainder shall be refunded to the person making the deposit.

Sec. 3.1105: Approval of Completed Work.

All work done or performed under the provisions of this section shall be done or performed in

good, workmanlike manner. Such work shall not be acceptable or approved by the city until the

premises thereof have been cleaned and cleared of all debris, trash, and rubbish which may have

accumulated during such work.

(Ordinance of April 10, 1979)

ARTICLE 3.1200 BUILDING OFFICIAL

Whenever the title of "building official" or "building inspector" is used in this Code it shall mean

the director of public works of the City of Ganado, Texas, unless otherwise specified.

ARTICLE 3.1300 BUILDING SET BACK LINE

The minimum front building line upon any lot in the city, where the building line has not been

established by an approved plat or by the terms of any other ordinance or section of this Code,

shall be determined by the building official prior to issuance of a building permit. The minimum

building setback lines shall be thirty feet (30') in front, ten feet (10') in rear, and five feet (5') on

each side.

(Provision for inclusion of Article 3.1200 and Article 3.1300 of chapter 3 provided for in

ordinance adopting Code.)

Unless a variance is granted by the Director of Public Works or the City Council of the City of

Ganado with reference to all construction after the passage of this ordinance, the finished floor

elevation of a residence or building constructed or placed of any property within the city limits of

the City of Ganado shall be elevated to a minimum of twelve (12") inches above the top of the

curb, of there be no curb, 12" above the crown of the street abutting subject property. In the case

of corner lots or lots with double frontage, the higher of the abutting streets shall govern.

Furthermore, lot drainage from the elevated slab shall in no manner cause flooding on adjoining

properties nor shall it obstruct drainage from adjoining property.

(Ordinance No. 246 of November 1, 1994).

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CHAPTER 3

INDEX BUILDING REGULATIONS

Article 3.100 Standard Building Code Adopted 3-2

Sec. 3.101 Standard Building Code Adopted 3-2

Sec. 3.102 Provisions of Standard Building Code 3-2

Sec. 3.103 Fees Established 3-2

Sec. 3.104 Duties of Officials 3-2

Article 3.200 Amendments to Standard Building Code, 1991 ED. 3-2

(7) Board of Code Enforcement Established 3-3

Article 3-200 Be it ordained by the City Commission of the City

Of Ganado, Texas, that Chapter 3 Section 3.203;

Subsection 10 be modified as follows, to wit: 3-3

Sec. 3.201 Standard Building Code Revised 3-4

Sec. 3.302 Standard Building Code Revised 3-5

Sec. 3.203 Unsafe and Dangerous Buildings 3-5

Definition of Terms 3-5

Inspection 3-7

Notification of Violation & Reinspection 3-7

Demolition 3-7

Filing of Statement of Expense & Creation

Lien 3-8

Scope of Section 3-9

Board of Code Enforcement Established 3-10

Right of Appeal 3-11

Provisions Deemed Cumulated; Repeal

of Inconsistent Provisions 3-11

Penalty 3-11

Sec. 3.204 Requirements not Covered by Code 3-12

Sec. 3.205 Alternative Materials and Alternate

Method of Construction 3-12

Sec. 3.206 Liability 3-12

Sec. 3.207 Section of Standard Building Code Deleted 3-13

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Sec. 3.208 Contractor’s License and Insurance 3-13

Sec. 3.209 Building, Structures or Alterations Permit 3-13

Sec. 3.210 Section 111 of the Standard Building Code

Deleted 3-14

Sec. 3.211 Sec, 112 of Standard Building Code

Revised 3-14

Sec. 3.212 Section 113 of Standard Building Code

Deleted 3-14

Sec. 3.213 Chapter III of Standard Building Code

Deleted 3-14

Article 3.300 Adoption of Standard Mechanical Code, 1991 Edition 3-14

Article 3.400 Amendments to Standard Mechanical Code 1992 Ed. 3-15

Sec. 4.401 Section 102.2 of the Standard Mechanical

Code Revised 3-15

Sec. 4.402 Section 106.2 of the Standard Mechanical

Code Deleted 3-15

Sec. 4.403 Section 106.3 of the Standard Mechanical

Code Revised 3-15

Sec. 4.404 Section 109 of the Standard Mechanical

Code Deleted 3-15

Sec. 4.405 Section 110, 111, and112 of the Standard

Mechanical Code Deleted 3-15

Sec. 4.406 Appeals 3-15

Article 3.500 Electrical Code

Sec. 3.501 National Electrical Code Adopted, 1991 Ed. 3-16

Sec. 3.502 Scope 3-16

Sec. 3.503 Liability of City 3-16

Sec. 3.504 Electrical Inspector 3-17

Sec. 3.505 Duties of the Electrical Inspector 3-17

Sec. 3.506 Appeals 3-17

Sec. 3-507 Permit Required 3-17

Sec. 3.508 Application for Permit 3-17

Sec. 3.509 Issuance of Permit 3-17

Sec. 3.510 Installation Restrictions 3-18

Sec. 3.511 Permit Fees 3-18

Sec. 3.512 Separate Permits 3-19

Sec. 3,513 Aluminum Wire Prohibited 3-19

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Sec. 3.514 Master Electrician’s License Required, Fee 3-19

Article 3.600 Adoption of Plumbing Code 3-19

Article 3.700 Amendments to Texas Municipal League Plumbing

Code, 1977 Edition 3-19

Sec. 3.701 Standard Plumbing Fees 3-19

Sec. 3.702 No use of Copper 3-20

Sec. 3.703 Official Under this Code 3-20

Article 3.800 Flood Damage Prevention Regulations 3-21

Sec. 3.801 Statutory Authorization 3.21

Sec. 3.802 Findings of Fact 3.21

Sec. 3.803 Statement of Purpose 3.21

Sec. 3.804 Methods of Reducing Flood Losses 3-22

Sec. 3.805 Definitions 3-22

Sec. 3.806 General Provisions 3-27

Sec. 3.807 Administration 3-28

Sec. 3.808 Provisions for Flood Hazard Reduction 3-32

Article 3.900 Mobile Homes and Mobile Home Parks 3-36

Sec. 3.901 Definitions 3-36

Sec. 3.902 General Requirements for Tie-Down,

Anchorage, and Founndation

For Mobile Homes 3-36

Sec. 3.903 Non-Park Location and Skirting 3-37

Sec. 3.904 License Required for Mobile Home Park 3-37

Sec. 3.905 Renewal or Transfer of Mobile Park License 3-38

Sec. 3.906 Posting of Mobile Home Park License 3-38

Sec. 3.907 Revocation of Mobile Home Park License 3-38

Sec. 3.908 Mobile Home Park Design and Construction 3-38

Sec. 3.909 Operation and Maintenance of Mobile

Home Parks 3-41

Sec. 3.910 Mobile Home Parks Within the Extra-

Territorial Jurisdiction of the City 3-42

Sec. 3,911 Regulation of Placement of Mobile Homes 3-42

Article 3.1000 Street, Sidewalk, and Alley Use Regulations 3-42

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Sec. 3.1001 Adoption of State Law 3-42

Sec. 3.1002 Obstruction Prohibited 3-42

Sec. 3.1003 Temporary Culvert Prohibited 3-44

Sec. 3.1004 Display of Merchandise Restricted 3-44

Sec. 3.1005 Numbering of Buildings 3-44

Sec. 3.1006 Right to Adopt Other Restrictions 3-45

Sec. 3.1007 Enforcement 3-45

Article 3.1100 Construction Requirements for Streets, Driveways and

Other Public Right of Ways

Sec, 3.1101 Conformmance to Specifications 3-46

Sec. 3.1102 Permit for Construction Required 3-46

Sec. 3.1103 Driveways 3-46

Sec. 3.1104 Permit Required for Excavation or

Openings 3-47

Sec. 3.1005 Approval of Completed Work 3-49

Article 3.1200 Building Official 3-49

Article 3.1300 Building Set Back 3-49

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CHAPTER 4 Table of Contents

BUSINESS REGULATIONS

Article 4.100: Itinerant Merchants 4-2

Sec. 4.101 Purpose of Section 4-2

Sec. 4.102 Definition of Itinerant Merchant 4-2

Sec. 4.103 Permit, License and Fee Required 4-2

Sec. 4.104 Persons Exempted 4-3

Sec. 4.105 Hours Regulated 4-4

Article 4.200: Alcoholic Beverages 4-4

Sec. 4.201 City Fee Required 4-4

Sec. 4.202 Location of Sale Restricted 4-4

Article 4.300: Regulating the Drilling, Completion and Operation

of Oil and Gas Wells 4-5

Sec. 4.301 Definitions 4-5

Sec. 4.302 Permit for Drilling Inside City Limits 4-5

Sec. 4.303 Size of Drilling Lot 4-5

Sec. 4.304 No. of Drilling Permitted with Streets and Alleys 4-5

Sec. 4.305 Contents of Application for Permit 4-5

Sec. 4.306 Simultaneous Requests for Permits 4-6

Sec. 4.307 Signature on Permit; Permit Deposit 4-7

Sec. 4.308 Substitution of Surety Bond 4-8

Sec. 4.309 Notice of Filing 4-8

Sec. 4.310 Power of City Commission 4-9

Sec. 4.311 Termination of Permit 4-9

Sec. 4.312 Right to License: Non-Interference with

Owner’s Rights 4-10

Sec. 4.313 Rules to be Followed by Permittee 4-10

Article 4.400: Housing Discrimination Prohibited 4-12

Sec. 4.401 Declaration of Intent 4-12

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Sec. 4.402 Definitions 4-12

Sec. 4.403 Discrimination in Sale or Rental of Housing 4-14

Sec. 4.404 Discrimination in Housing Financing 4-15

Sec. 4.405 Discrimination in Providing Brokerage Service 4-16

Sec. 4.406 Unlawful Intimidation 4-16

Sec. 4.407 Exemptions and Exclusions 4-16

Sec. 4.408 Violations 4-18

Sec. 4.409 Enforcement – Generally 4-18

Sec. 4.410 Complaints – Generally 4-18

Sec. 4.411 Investigation and Conciliation 4-18

Sec. 4.412 Penalty 4-20

Sec/ 4.413 Severability 4-20

Article 4.500: Signs 4-21

Sec. 4.501 Definitions 4-21

Sec. 4.502 Painting or Posting Advertising Matter on Curbs,

Sidewalks, Bridges, or Public Buildings 4-22

Sec. 4.503 Posting Advertising Matter on Utility Poles, Trees,

Traffic Signs, Etc. 4-22

Sec. 4.504 Violations and Fines 4-22

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ARTICLE 4.100 ITINERANT MERCHANTS

Sec. 4.101: Purpose of Section.

This entire section is and shall be deemed an exercise of the police power of the State of Texas, and

of the City of Ganado for the public safety, convenience and protection of the city and citizens of

said city, and all of the provisions hereof shall be construed for the accomplishment of that purpose.

Sec. 4.102: Definition of Itinerant Merchant.

An itinerant merchant or an itinerant vendor as the terms are used in this section shall be held to be

any person, firm, company, partnership, corporation, or association engaged in any activity

mentioned in subsection C hereof.

Sec. 4.103: Permit, License and Fee Required.

It shall hereafter be unlawful for a person to go from house to house or from place to place in the

City of Ganado, Texas, soliciting, selling or taking orders for or offering to sell or take orders for

any goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to

newspapers or magazines, or to go from house to house distributing hand bills, circulars, or any

other literature, without having first applied for and obtained a permit from the city secretary of the

City of Ganado, Texas. It shall also hereafter be unlawful to go from house to house for any of the

purposes above expressed without carrying such permit which must be displayed upon request by

the land owner or occupant of any such house. Upon the application for such a permit, the

applicant shall make written application to the city secretary, which application shall show the

name and address of applicant, the name and address of the person, firm or corporation, if any, that

he or she represents, the nature of his or her business, and the period of time such applicant wishes

to remain in said city. The city secretary shall make investigation of any person or persons applying

for a permit, such investigation shall determine the authority of the applicant, that they actually

represent the parties they so claim to represent and that they are an actual bona fide representative

of a reliable concern. Unless the city secretary so finds, he or she shall refuse to issue a permit to the

applicant and shall notify the applicant of such refusal.

(A) Any person desiring to go from house to house or from place to place in the City of

Ganado, Texas, to sell or solicit orders for goods, wares, merchandise, services,

photographs, newspapers, magazines, or subscriptions to newspapers or magazines,

shall in addition to securing a permit as above provided for shall make application to

the city secretary for a license so to do, which application shall show the name and

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address of the applicant, the name and address of the person, firm, or corporation, if

any, that he or she represents and the kind of goods offered for sale, and whether

such applicant upon any such sale or order shall demand, accept or receive payment

or deposit of money in advance of final delivery, and the period of time such

applicant wishes to sell or solicit in said city.

(B) The application for a license shall be accompanied by a bond in the penal sum of

five hundred dollars ($500.00) signed by applicant and signed, as surety, by some

surety company authorized to do business in the State of Texas, conditioned for the

final delivery of goods, wares, merchandise, services, photographs, magazines, and

newspapers in accordance with the terms of any order obtained prior to delivery and

also conditioned to indemnify any and all purchasers or customers for any and all

defects in material or workmanship that may exist in the article sold by the principal

of said bond, at the time of delivery, and that may be discovered by such purchaser

or customer within thirty (30) days after delivery, and which bond shall be for the

use and benefit of all persons, firms, or corporations that may make any purchase or

give any order to the principal on said bond, or to an agent or employee of the

principal.

(C) In case the applicant is a person, firm, company, partnership, corporation, or

association engaging in any activity mentioned in this subsection through one (1) or

more agents or employees, such persons, firm, company, partnership, corporation, or

association shall be required to enter into only one (1) bond, in the sum of five

hundred dollars ($500.00) as above required, which bond shall be made to cover the

activities of all its agents or employees.

(D) The license fee for an itinerant merchant or itinerant vendor shall be twenty dollars

($20.00). Provided, however, when any person, firm, company, partnership,

corporation, or association engages in any activity mentioned in this subsection

through one (1) or more agents or employees such person, firm, company,

partnership, corporation, or association shall, in addition to said twenty dollar

($20.00) fee above mentioned, pay a license fee of five dollars ($5.00) for each

agent or employee so engaged, all of which licenses shall be valid for one (1) year

from the date of their issuance. The fees herein provided for shall be used for the

purpose of defraying expenses incident to the issuing of said licenses.

Sec. 4.104: Persons Exempted.

The provisions of this section shall not apply to sales made under authority and by order of law, nor

sales of his own produce by a farmer or the sale by an individual of the products of his own labor.

(Ordinance of November 1, 1954)

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Sec. 4.105: Hours Regulated.

It shall be unlawful for a person to go unsolicited from house to house or from place to place in the

City of Ganado, Texas, soliciting, selling or taking orders for or offering to sell or take orders for

any goods, wares, merchandise, services, photographs, newspapers, magazines, or subscriptions to

newspapers or magazines, or to go from house to house distributing hand bills, circulars, or any

other literature, before 8:00 a.m. or after 8:00 p.m.

(Ordinance No. 175 of June 1, 1989)

ARTICLE 4.200 ALCOHOLIC BEVERAGES

Sec. 4.201: City Fee Required.

The City of Ganado shall levy and collect a fee equal to one-half (1/2) of the fee collected by the

State of Texas from each premise licensed or permitted as authorized under the Texas Alcoholic

Beverage Code. The fee shall be payable to the city annually at the time of issuance, or renewal, of

the state alcoholic beverage license or permit. It shall be unlawful to engage in any business where

a license or permit is required under the Alcoholic Beverage Code without having first paid the city

fee herein provided. Upon presentation of evidence that the state license or permit fee has been

paid, it shall be the duty of the city secretary to issue a receipt to each person paying the required

city fee.

Sec. 4.202: Location of Sale Restricted.

The sale of alcoholic beverages by a dealer whose place of business is within three hundred feet

(300') of a church, public school, or public hospital is prohibited. The measurement of the distance

shall be along the property lines of the street fronts, and from front door to front door, and in direct

line across intersections.

(Provision for inclusion of Chapter 4, section 4.200, provided for in ordinance adopting this Code)

EDITOR'S NOTE: The above section 4.200 provides for updating the provisions of an ordinance adopted December 9, 1961.

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ARTICLE 4.300 REGULATING THE DRILLING, COMPLETION AND OPERATION

OIL AND GAS WELLS

Sec. 4.301: Definitions.

The word "person" wherever used in this section means and includes any natural person,

corporation, association, partnership, receiver, trustee, guardian, executor, administrator, and a

fiduciary or representative of any kind.

Sec. 4.302: Permit for Drilling Inside City Limits.

It shall be unlawful for any person to drill or commence to drill a well for oil or gas within the

limits of the City of Ganado, Texas, or to work upon or assist in any way in the prosecution of the

drilling of any such well without a permit for the drilling, completion and operation of such well

having been first issued by authority of the city commission of the City of Ganado, Texas, in

accordance with the provisions of this section.

Sec. 4.303: Size of Drilling Lot.

The drilling, completion and operation of only one (1) well for oil and gas may be authorized by

permit as herein provided on each drilling block within the limits of the City of Ganado, each of

which drilling blocks shall not include less than ten (10) acres of land and it shall be unlawful to

drill more than one (1) well on each such block; provided, however that in the event a well is lost or

abandoned as a dry hole the permittee may relocate the well under the permit for the first well by

filing a sworn statement with the city commission that such first well has been abandoned and a plat

of said drilling block showing the location of said second well.

Sec. 4.304: No Drilling Permitted with Streets or Alleys.

It shall be unlawful to drill any well for oil or gas within any of the streets or alleys of the City of

Ganado, Texas, or to block or encumber or close up any street or alley in any drilling or producing

operations except by special permit by order of the city commission, and then only temporarily.

Sec. 4.305: Contents of Application for Permit.

In the event an application for a permit for the drilling, completion and operation of a well for oil or

gas shall be made by any person not owning or not holding oil and gas leases or drilling contracts

from the owners of all lots, blocks, or parcels of land included in or embraced within a drilling

block as shown by a plat to be attached to each application, a permit shall be issued to such

applicant, his heirs, successors and as-signs only upon the following conditions in addition to such

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other conditions as may be provided in other subsections of this section, to-wit: The applicant shall

be free to enter into such contracts and agreements with the owners of such other lots, blocks or

tracts as he may be able to make. If agreements are not reached with all owners of lots, tracts and

blocks within the drilling block, then the owner or owners of any given lot, lots, block, blocks, tract

or tracts shall have the right or option, by notice to the permittee given in writing within thirty (30)

days after the issuance of a permit for a well on the drilling block involved, either (1) to treat his

interest as a working interest and contribute toward the actual cost and expense of drilling,

completing, and operating said well with all necessary appurtenances currently each month in the

proportion that the number of square feet in area owned by him in the drilling block bears to the

number of square feet embraced in said block, and thereupon receive the same proportion of the oil

produced and saved from such well or its value at the well at the option of the permittee and a like

proportion of natural gas produced, saved, and utilized or sold, or the value of same at the well at

the option of the permittee; or (2) to treat his interest as a royalty interest and receive, delivered free

of cost in the pipe line to which the well may be connected, a share of all oil produced and saved

from such well equal to one-fourth (1/4) of the proportion of the whole quantity of oil so produced

and saved that the number of square feet in the area owned by him bears to the number of square

feet in such drilling block, or at the election of permittee to receive such proportion of the value of

the well of the oil so produced, saved, and utilized or sold, or at the election of permittee the value

at the well of such proportion of gas or casing-head gas produced, save, and utilized or sold. If an

owner does not exercise the right and option above provided and give notice to the permittee within

the period above provided, the obligation shall then be upon the permittee, his heirs, successors, and

assigns to make settlement with such owner on the terms provided in option (2) above, providing

for the payment of a one-fourth (1/4) royalty. If the owner of a lot, lots, block, blocks, tract, or tracts

shall exercise option (1) above and treat his interest as a working interest, as therein provided, the

permittee shall be entitled to reimburse/himself for such owner's proportionate part of the costs out

of such owner's proportionate part of the oil, gas and casinghead gas or the value thereof before

making deliveries of products or settlement for the value thereof. If option (1) is exercised by the

owner of any lot, lots, block, blocks, tract, or tracts, such owner shall, within the time provided for

notice of his election above set forth, file with the city secretary a bond or other obligation executed

by such owner as principal and by an authorized surety company as surety, in which such principal

and surety agree, bind and obligate themselves to pay to the permittee, his heirs, successors and

assigns currently each month that proportion of the actual and necessary costs and expenses

involved in the drilling, completion and operation of such well that number of square feet embraced

within the lot or lots, block or blocks, tract or tracts of such owner bears to the total number of

square feet in such drilling block, such bond to be approved by the mayor and held by the city

secretary for the benefit of the beneficiaries therein. Permits shall be issued in all such cases upon

the condition that the permittee, his heirs, successors and assigns shall make settlement in

accordance with the provisions hereof.

Sec. 4.306: Simultaneous Requests for Permits.

In case there should be filed with the city secretary and pending at the same time applications for

permits to drilling on any single drilling block within the limits of the city made by more than one

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applicant, that application shall be granted, if otherwise sufficient, which shall be made by the

person holding the greater area of ground within the drilling block by ownership in fee or by lease

or other contract authorizing the drilling and operation on land for oil and gas.

Sec. 4.307: Signature on Permit; Permit Deposit.

Every application for a permit to drill, complete and operate a well for oil or gas shall be in writing,

signed by the applicant or by some person duly authorized to sign same on his behalf. Such

application shall give the names and addresses of all owners or interested parties. It shall be filed

with the city secretary and accompanied with a deposit of one hundred dollars ($100.00) cash as a

fee to the city. The application shall state the drilling block and the particular lot and location in the

block where the proposed well is to be located, and shall have attached to it certified or photostatic

copies of the deed, oil and gas lease or drilling contract with the owners of land covering the lot,

block or tracts in said drilling block over which the applicant has control for oil and gas purposes,

together with abstracts of title or certificates of title satisfactory to the city commission, to the end

that the application will show what proportion and what parts of the drilling block the applicant

owns in fee or holds under lease or drilling contract from the owners. The applicant may withdraw

the abstracts or certificates of title after they have been examined by the city commission. The

application shall also be accompanied by a plat or map of the drilling block, showing the

designation of the lots, blocks or tracts owned or controlled by the applicant and showing the exact

location of the proposed well, which location shall be as nearly as practicable in the center of the

drilling block. The application shall also be accompanied by a duly executed bond, given by the

applicant as principal and a surety company (approved in writing by the city commission)

authorized to do business in the State of Texas as surety. This bond shall run to the City of Ganado,

Texas, for the benefit of the city and all persons, firms and corporations concerned, conditioned that

if the permit be granted and if drilling operations be commenced thereunder the applicant and his

assigns will comply with the terms and conditions of this section in the drilling and operation of a

well; that the applicant will restore the streets and sidewalks and other public places of the city

which may be disturbed in the operations to their former condition as near as practicable, will clear

the block and lots of all litter, machinery, derricks and buildings erected or used in the drilling or

operation of said well whenever the well shall be abandoned or the operation thereof discontinued;

and that the applicant or his assigns will pay any and all damages recoverable against him or them

or against any drilling operator, under such applicant or assignee, suffered by any person or

corporation as to property or personnel in the city from fire or from oil, gas or water caused by or

originating from the operations connected with such well. Such bond shall be in the sum of two

hundred thousand dollars ($200,000.00); provided, however, that if within sixty (60) days after the

drilling and completion of said well no claims have been presented against the applicant or his

assigns under the terms and conditions of such bond, then the sum of same shall be automatically

reduced to twenty-five thousand dollars ($25,000.00).

Sec. 4.308: Substitution of Surety Bond.

It is specifically provided that in lieu of any surety bond or bonds required to be given hereunder the

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applicant may file with the city secretary his personal undertaking or undertakings, which shall be

in the same amount and shall contain the same conditions as hereinbefore provided with respect to

surety bonds and which undertaking or undertakings shall be secured by United States Government

securities or securities of the State of Texas, having a par value equal to the amount of the surety

bond or bonds in lieu of which such undertaking or undertakings is or are given, which securities

shall be deposited in escrow in an incorporated bank selected by the city commission along with an

attached to a copy of the written undertaking for which they are to be held as security.

Sec. 4.309: Notice of Filing.

Notice of the filing of each application for permit shall be given by the applicant as follows:

(A) At least ten (10) days prior to the date of hearing on the application, a copy of notice

in the form hereinafter prescribed shall be sent by registered mail to each owner and

lessee of lots, blocks and tracts in said drilling block not owned by or under lease to

the applicant, addressed to the last known address of such land and lease owners if

known to the applicant; and a copy of such notice shall likewise be published at the

cost of applicant in every issue of the official paper of the City of Ganado, Texas,

for ten (10) days prior to the date of such hearing. If the official paper be published

weekly, the publication shall be made in one (1) issue thereof for the period of time

prescribed. Such notice shall state the lot and block number on which the applicant

is asking for a permit to drill and the date and place of hearing, and shall be in words

and figures as follows:

(i) "Notice is hereby given that _____________________ acting under and

pursuant to the terms and provisions of the CITY CODE REGULATING

THE DRILLING, COMPLETION AND OPERATION OF OIL AND GAS

WELLS WITHIN THE LIMITS OF THE CITY OF GANADO, TEXAS,

AND PROVIDING FOR THE PUBLIC SAFETY IN CONNECTION

THEREWITH, being chapter 4, section 3 of the Code of Ordinances, did, on

the ____ day of ___________________ 19 , file with the city secretary of

the City of Ganado an application for a permit to drill a well for oil and/or

gas upon Lot No._______ Block No. ___________, Ganado Townsite. A

hearing upon such application will be held in the office of the city secretary

of the City of Ganado, Texas, at __________________ on the ____ day of

____________, 19___ at ____ ___.m."

(B) Proof of notice shall be made by the applicant by filing with the city secretary an

affidavit of the printer or publisher of the paper in which the notice is published

containing a copy of the notice and stating the issue in which and period of time

during which the notice is published, and an affidavit of the applicant showing the

date and persons to whom the addressee to which the notice was mailed by the

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applicant, and proof that such addresses are the last addresses of the persons

involved known to the applicant.

(C) At the time fixed in said notice a hearing on such applicant shall be held in the

office of the city secretary.

Sec. 4.310: Power of City Commission.

The city commission shall have the power, and reserves the authority, to refuse any application for a

permit when by reason of the location of the proposed well and the character and value of the

permanent improvements already erected on the drilling block in question or adjacent thereto, and

the use to which the land and surroundings are adapted for civic purposes, or for sanitary reasons,

the drilling of an oil or gas well will be a serious disadvantage to either the health, safety, morals or

welfare of the city and its inhabitants; but when a permit shall be refused for any of these reasons,

but not otherwise, the deposit in cash as a fee made with the application shall be returned to the

applicant. Except as hereinbefore provided, if an application be found by the city commission to

comply in all respects with the terms of this section, the city secretary shall be authorized to issue a

permit for the drilling, completion and operation of the well applied for. The granting and issuance

of a permit for a well on a drilling block as provided in this section shall automatically operate as a

rejection and denial of all other pending application or applications for a well or wells upon the

drilling block involved, or any portion or portions thereof.

Sec. 4.311: Termination of Permit.

No permit shall be granted or issued for the drilling of a well except upon ground owned by the

applicant or held by him under oil and gas lease or drilling contract from the owner, giving the

owner's permission or authority to drill the well; and when a permit shall have been is-sued, the

same shall terminate and become inoperative without any action on the part of the city secretary

unless within ninety (90) days from the date of issue actual drilling of the well shall have been

commenced; and after the drilling of the well shall have commenced, the cessation of drilling

operations prior to the completion of the well for a period of ninety (90) days shall operate to

terminate and cancel the permit and the well shall be considered as abandoned for all purposes of

this section and it shall be unlawful thereafter to continue the operation or drilling of such well

without the issuance of another permit; provided that if said well shall be completed as a producer

and shall thereafter cease to produce, the permittee shall have the right to conduct deepening or

reworking operations on said well within ninety (90) days after cessation of production without

having to procure a new license. If and when any permit shall terminate and become inoperative as

in this section provided, or if and when the permittee or his assigns shall file with the city

commission written notice of his or their election to surrender his or their permit and abandon the

premises covered thereby, then if no claims under the bond or bonds, undertaking or undertakings

shall have been filed within sixty (60) days, the city secretary shall return the bond or bonds,

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undertaking or undertakings and/or the security or securities theretofore furnished by the permittee

in connection with such permit; and if claims are filed within such time, upon the satisfaction or

defect of such claims such bond or bonds, undertaking or undertakings and/or security or securities

shall thereupon be returned to the permittee or his assigns.

Sec. 4.312: Right to License; Non-interference with Owner's Rights.

Neither this section nor any permit issued hereunder shall be interpreted to grant any right or license

to the permittee to enter upon or occupy in any respect in drilling or production operations any land

except by the written consent of the owner; nor shall it limit or prevent the free right of any lot

owner to contract for the amount of royalty to be paid with respect to his own land or other

consideration therefor, or for damages, rights or privileges with respect thereto.

Sec. 4.313: Rules to be Followed by Permittee.

In operations under a permit the permittee or his assigns must observe the following rules, and the

failure to observe same shall be unlawful, to-wit:

(A) No well may be drilled nearer than two hundred feet (200') of any building or pit

dug or boilers set up within one hundred feet (100') of any building, unless written

permit is first had from owners of such buildings.

(B) No storage tanks may be erected within the city limits of Ganado unless written

consent is first had from owners of all property lying within a distance of three

hundred feet (300') of such proposed tank erection.

(C) No well for the production of oil or gas shall be drilled nearer than one hundred fifty

feet (150') of a boundary line of a designated drilling unit, unless the owners of

property (outside of such boundary line) reaching within one hundred fifty feet

(150') of such proposed well shall by written instrument agree to waive this

provision, and provided also that the city commission shall, by resolution, agree

thereto and such resolution shall show to what extent this provision is to be changed

in the particular case or situation.

(D) Printed signs reading: "DANGEROUS, NO SMOKING ALLOWED," or similar

words, shall be posted in conspicuous places on each producing drilling unit.

(E) All permittee premises shall be kept clear of high grass, weeds and combustible

trash, within a radius of one hundred feet (100') around an oil tank, tanks or

producing wells.

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(G) Open earthen storage for oil is prohibited.

(H) All oil tanks, where there is a gas hazard, shall be gas tight and provided with proper

gas vents.

(I) No forge or open light shall be placed inside the derrick of a well showing oil or gas.

(J) Boilers must be equipped with steam lines for fighting fire and must not be set

nearer than one hundred feet (100') to any producing well.

(K) All oil and gas pipe lines laid upon or across a public road or highway must be

buried to a reasonably safe depth.

(L) Wherever available and practicable, electric light and power shall be installed in

congested drilling areas.

(M) A minimum of fifteen hundred feet (1,500') of surface casing shall be set and

cemented with sufficient cement to fill the annular space back of the casing to the

surface. Cementing shall be by the pump and plug method. Cement shall be

allowed to stand a minimum of forty-eight (48) hours before drilling the plug. The

position of the oil horizon shall be determined by coring or testing and the

producing string swung and cemented at the top thereof.

(N) A blow-out preventer, control head and other connections for keeping the well under

control at all times shall be installed as soon as surface casing is set. The blow-out

preventer on the second string shall be hydraulically controlled. Blow-out preventer

shall be tested against pump pressure at least once every twenty-four (24) hours. All

control equipment shall be in good working order and condition at all times.

(O) All wells shall be equipped with a Bradenhead with a working pressure of not less

than two thousand (2,000) pounds per square inch. The Bradenhead shall not be

welded; and the same shall be equipped with the proper pipe connection and valve

accessible at the surface.

(P) No boiler or electric lighting generator shall be placed or remain nearer than one

hundred fifty feet (150') to any producing well or oil tank.

(Q) Any rubbish or debris that might constitute a fire hazard shall be removed to a

distance of at least one hundred feet (100') from the vicinity of wells, tanks and

pump stations. All waste shall be burned or disposed of in such manner as to avoid

creating a fire hazard or polluting streams and fresh water strata.

(R) All well heads, pits and tank batteries shall be adequately protected with

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"man-proof" fencing.

(Ordinance of April 18, 1955.)

ARTICLE 4.400 HOUSING DISCRIMINATION PROHIBITED

Sec. 4.401: Declaration of Intent.

(A) It is the intent of this section to render unlawful discrimination in housing where the

sale, rental or lease of the housing constitutes a business. It is the declared policy of

this city that all persons shall have an equal opportunity for housing regardless of

race, color, religion, national origin or ancestry and it is the duty of this city to assist

in the orderly prevention or removal of all discrimination in housing through the

powers granted under the statutes of Texas. This section shall be deemed an

exercise of the police powers of the city for the protection of the welfare, health,

peace, dignity and human rights of the people of this city.

(B) Nothing in this section shall be deemed to prohibit an owner, or his agent, from

requiring that any person who seeks to buy, rent or lease housing supply information

concerning his family, marital, financial and business status but not concerning race,

color or creed.

Sec. 4.402: Definitions. In this section unless the context requires otherwise:

(A) "Housing" means any improved property which is used or occupied, or is intended,

arranged or designed to be used or occupied, as a home or residence, but does not

include:

(1) Any building or structure containing living quarters occupied or intended to

be occupied by no more than one family and which is used by or was last

used by the owner thereof as a bona fide residence for himself and any

members of his family forming his household;

(2) Any building by the owner as his residence, in which single rooms are rented

out for occupancy by four (4) or less individuals, not members of the

owner's family.

(3) An building located on a parcel of land, in one ownership, on which parcel is

situated a building or structure occupied by the owner thereof as his

residence, provided the total number of family housing unit on said parcel

does not exceed four (4).

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(4) Any building consisting of four (4) or less dwelling units, all in one

structure, in which at least one (1) of such dwelling units is occupied by the

owner of such building as his residence.

(5) Notwithstanding exceptions 1 through 4 hereinabove, "housing" shall

include all mobile homes and/or all mobile home sites located in city

approved mobile home parks.

(B) "Discriminate" and "discrimination" means to segregate, separate, exclude or treat

any person unequally only because of race, color, religion, national origin or

ancestry. It is intended that the factors set forth herein shall not be the sole basis for

prohibiting discrimination.

(C) "Unimproved residential lot" means any residential lot upon which no permanent

building or structure containing living quarters have been constructed.

(D) "Age" means the calendar age of an individual eighteen (18) years of age or over.

(E) "Creed" means any set of principles, rules, opinions and precepts formally expressed

and seriously adhered to or maintained by a person.

(F) "Director" means the director of the human relations department or City Secretary.

(G) "Discriminatory housing practice" means an act which is unlawful under this

ordinance.

(H) "Dwelling" means any building, structure or portion thereof which is occupied as, or

designated and intended for occupancy as, a residence by one or more persons and

any vacant land which offered for sale or lease for the construction or location

thereof of any such building, structure portion thereof

(I) "Family" means a single individual or a group of individuals living together under

one common roof.

(J) "Major life activities" means functions such as, but not limited to, caring for one's

self, performing manual tasks, walking, seeing, hearing, speaking, breathing,

learning and working.

(K) "Marital status" means an individual's status as a single, married, divorces, widowed

or separated person.

(L) "Parenthood" means a person's status as a parent or legal guardian of a child or

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children under the age of eighteen (18).

(M) "Person" means one or more individuals, corporations, partnerships, associations,

labor organizations, legal representatives, mutual companies, joint stock companies,

trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers and

fiduciaries.

(N) "Physical or mental handicap" means any physical or mental impairment which

substantially limits one or more major life activities.

(O) "Physical or mental impairment" shall include:

(1) Any physiological disorder or condition cosmetic disfigurement or

anatomical loss affecting one or more of the following body Systems:

neurological, musculoskeletal, special sense organs, cardiovascular,

reproductive, digestive, genitourinary, hemic and lymphatic, skin and

endocrine, or

(2) Any mental or psychological disorder, such as mental retardation, organic

brain syndrome, emotional or mental illness, and specific learning

disabilities.

(P) "To rent" includes to lease, to subleases to let and otherwise to grant for a

consideration the right to occupy premises not owned by the occupant.

(Q) "Senior adult" means a person fifty-five (55) years of age or older. Editor's Note: This ordinance shall in no way be interpreted as creating a judicial right or remedy which is the same or

substantially equivalent to the remedies provided under Title VIII of the Civil Rights Act of 1968, as amended or the Federal

Equal Credit Opportunity Act (15 U.S.C. 1691). All aggrieved parties shall retain the rights granted to them by Title VIII of

the Civil Rights Act of 1968, as amended and the Federal Equal Credit Opportunity Act. It is the intent of the City Council

that the courts shall be guided by Federal Court interpretations of Title VIII of the Civil Rights Act of 1968, as amended, and

the Federal Equal Credit Opportunity Act, where appropriate.

Sec. 4.403: Discrimination in the Sale or Rental of Housing.

Except as exempted by law, it shall be unlawful:

(A) To refuse to sell or rent after the making of a bona fide offer or to refuse to negotiate

for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any

person because of race, color, creed, religion, sex, national origin, physical or mental

handicap, marital status, parenthood, or age.

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(B) To discriminate against any person in the terms, conditions, or privileges of a sale or

rental of a dwelling or in the provision of services or facilities in connection

therewith because of race, color, creed, religion, sex, national origin, physical or

mental handicap, marital status, parenthood or age.

(C) To make, print or publish or cause to be made, printed, published, any notice

statement of advertisement with respect to the sale or rental of a dwelling that

indicates any preference,limitation or discrimination based on race, color, creed,

religion, sex, national origin, physical or mental handicap, marital status,

parenthood, or an intention to make any such preference, limitation or

discrimination.

(D) To represent to any person because of race, color, creed, religion, sex, national

origin, physical or mental handicap, marital status, parenthood or age that any

dwelling is not available for inspection, sale or rental when such dwelling is in fact

so available.

(E) To induce or attempt to induce any person to sell or rent any dwelling by

representations regarding the entry or prospective entry into the neighborhood of a

person or persons of a particular race, color, creed, religion, sex, national origin,

physical or mental handicap, marital status, parenthood or age.

Sec. 4.404: Discrimination in Housing Financing.

It shall be unlawful for any bank, building and loan association, insurance company, or other person

whose business consists in whole or in part in the making of commercial real estate loans to deny a

loan or other financial assistance to a person applying therefor for the purpose of purchasing,

constructing, improving, repairing or maintaining a dwelling or to discriminate against him in the

fixing of the amount, interest rate, duration or other terms or conditions of such loan or other

financial assistance because of the race, color, creed, religion, sex, national origin, physical or

mental handicap, marital status, parenthood or age of such persons associated therewith or because

of the race, color, creed, religion, sex, national origin, physical or mental handicap, marital status,

parenthood or age of the present or prospective owners, lessees, tenants or occupants of the

dwelling for dwellings for which such loan or other financial assistance is to be made or given.

Sec. 4.405: Discrimination in Providing Brokerage Service.

It shall be unlawful for any person to deny another person access to membership in, or participation

in any multiple listing service, real estate brokers' organization, or other service, organization or

facility relating to the business of selling and renting dwellings or to discriminate against another

person in the terms or conditions of such access, membership or participation, on account of race.

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color, creed, religion, sex, national origin, physical or mental handicap, marital status, parenthood

or age.

Sec. 4.406: Unlawful Intimidation.

It shall be unlawful for any person to harass, threaten, harm, damage or otherwise penalize any

individual, group or business because such individual, group, or business has complied with the

provisions of this ordinance or has exercised in good faith, rights under this ordinance, or has

enjoyed the benefits of this ordinance, or because such individual, group or business has made a

charge in good faith, testified in good faith or assisted in good faith in any manner in any

investigation, or in any proceeding hereunder or has made any report to the director.

Sec. 4.407: Exemptions and Exclusions.

Nothing in this ordinance shall apply to:

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

(1) Such private individual owner does not own more than three (3)

single-family houses at any one time; and

(2) If the owner does not reside in the house at the time of the sale or was not

the most recent resident of such house prior to the sale, the exemption

granted by this subsection shall apply only with respect to one such sale

within any twenty-four (24) hour month period; and

(3) Such bona fide private individual owner does not own any interest in, nor is

there owned or reserved on such person's behalf under any express or

voluntary agreement, title to or any right to all or any portion of the proceeds

from the sale or rental of more than three (3) such single-family houses at

any one time; and

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

rental facilities or the sales or rental services of any real estate broker, agent

or salesman, or of any such facilities or services of any person in the

business of selling or renting dwellings, or of any employee or agent of any

such broker, agent, salesman or person; and

(5) The sale or rental is made without the publication, posting or mailing of any

advertisement or written notice in violation of this ordinance; but nothing in

this provision shall prohibit the use of attorneys, escrow agents, abstracters,

title companies and other such professional assistance as necessary to perfect

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or transfer the title.

(B) Rooms or units in dwellings containing living quarters occupied or intended to be

occupied by no more than four (4) families living independently of each other, if the

owner actually maintains and occupies one of such living quarters as his residence.

(1) For the purposes of this subsection, a person shall be deemed to be in the

business of selling or renting dwellings if:

(i) He has, within the preceding twelve (12) months, participated as

principal in three (3) or more transactions involving the sale or rental

of any dwelling or any interest therein; or,

(ii) He has, within the preceding twelve (12) months, participated as

agent, other than in the sale of his own personal residence, m

providing sales or rental facilities or sales or rental services in two

(2) or more transactions involving the sale or rental of any dwelling

or any interest therein; or,

(iii) He is the owner of any dwelling designed or intended for occupancy

by, or occupied by, five (5) or more families.

(2) Nothing in this article shall prohibit a religious organization, association or

society or a nonprofit institution or organization operated, supervised or

controlled by or in conjunction with a religious organization, association or

society from limiting the sale, rental or occupancy of dwellings which it

owns or operates for other than a commercial purpose to persons of the same

religion or from giving preference to such persons, unless membership in

such religion is restricted on account of race, color, sex, national origin,

physical or mental handicap, marital status, parenthood or age.

(3) Nothing in this article shall prohibit a private club not in fact open to the

public, which as an incident to its primary purpose or purposes provides

lodgings which it owns or operates for other than a commercial purpose,

from limiting the rental or occupancy of such lodgings to its members, or

from giving preference to its members.

(4) Nothing in this article shall bar any person from owning and operating any

housing accommodation in which rooms are leased, subleased or rented only

to persons of the same sex, when such housing accommodation contains

common lavatory, kitchen or similar facilities available for the use of all

persons occupying such housing accommodation.

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(5) Nothing in this article shall prohibit the sale, rental, lease or occupancy of

any dwelling designed and operated exclusively for senior adults and their

spouses, unless the sale, rental, lease or occupancy is further restricted on

account of race, color, creed, religion, sex, national origin, physical or

mental handicap and marital status.

(6) Nothing in this article shall bar a person who owns, operates or controls

rental dwellings whether located on the same property or on one or more

contiguous parcels of property, from reserving any grouping of dwellings for

the rental or lease to tenants with a minor child or children; provided

however, in the event that said reserved area is completely leased or rented,

the person owning, operating or controlling said rental dwelling may not

refuse to rent or lease any other available dwelling to the prospective tenant

on the basis of the tenant's status as a parent or any other of the protected

classifications set forth in this ordinance.

Sec. 4.408: Violations.

No person shall violate any provision of this ordinance, or knowingly obstruct or prevent

compliance with this ordinance.

Sec. 4.409: Enforcement - Generally.

The director of the human relations department or the City Secretary shall have the responsibility of

administering and implementing this ordinance. The director may delegate the authority to

investigate and conciliate complaints to other designated city employees.

Sec. 4.410: Complaints - Generally.

(A) Any person who claims to have been injured by a discriminatory housing practice or

who believes that he will be irrevocably injured by a discriminatory housing practice

that is about to occur (hereinafter referred to as the "charging party") may file a

complaint with the director. Such complaints shall be in writing and shall identify

the person alleged to have committed or alleged to be committing a discriminatory

housing practice and shall state the facts upon which the allegations of a

discriminatory housing practice are based. The director shall prepare complaint

forms and furnish them without charge to any person, upon request.

(B) The director shall receive and accept notification and referral complaints from the

U.S. Attorney General and the Secretary of Housing and Urban Development

pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Public Law

90-284, and shall treat such complaints hereunder in the same manner as complaints

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filed pursuant to subsection (a) of this section.

(C) All complaints shall be filed within one hundred and eighty (180) days following the

occurrence of an alleged discriminatory housing practice. Upon the filing or referral

of any complaint, the director shall provide notice of the complaint by furnishing a

copy of such complaint to the person (s) named therein (hereinafter referred to as

"respondent") who allegedly committed or were threatening to commit an alleged

discriminatory housing practice.

(D) The respondent may file an answer to the complaint within fifteen (15) days of the

receipt of the written complaint.

(E) All complaints and answers shall be subscribed and sworn to before an officer

authorized to administer oaths.

(F) If at any time the director shall receive or discover credible evidence and shall have

probable cause to believe that any person or persons have committed a

discriminatory housing practice as to which no complaint has been filed or is about

to be filed, the director may prepare and file a complaint upon his own motion and

in his own name and such complaint shall thereinafter be treated in the same manner

as a complaint filed by a person aggrieved.

Sec. 4.411: Investigation and Conciliation.

(A) Upon the filing or referral of a complaint as herein provided, the director shall cause

to be made a prompt and frill investigation of the matter stated in the complaint;

provided, however, that before any charge becomes accepted for investigative

purposes, the director or an investigator shall have personally reviewed with the

charging party the allegations contained therein and shall have determined that said

charge comes within the provisions of this ordinance. In the event such review

results in the determination that a particular charge does not come within the

provisions of this ordinance, the charging party shall be given a clear and concise

explanation of the reasons why it does not.

(B) If the director determines that there is not probable cause to believe that a particular

alleged discriminatory housing practice has been committed, the director shall take

no further action with respect to that alleged offense.

(C) During or after the investigation, but subsequent to the mailing of the notice of

complaint, the director shall, if it appears that a discriminatory housing practice has

occurred or is threatening to occur, attempt by informal endeavors to effect

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conciliation, including voluntary discontinuance of the discriminatory housing

practice and to obtain adequate assurance of future voluntary compliance with

provisions of this ordinance. Nothing said or done in the course of such informal

endeavors may be made public by the director, the City Council, the investigator,

the conciliator, the charging party, or the respondent, or be used as evidence in a

subsequent proceeding without the written consent of all persons concerned.

(D) Upon completion of an investigation where the director has made a determination

that a discriminatory housing practice has in fact occurred, if the director is unable

to secure from the respondent an acceptable conciliation agreement, then the City

Council must, upon a majority vote, refer the case to the city attorney for

prosecution in the court of competent jurisdiction of the County of Jackson as

authorized by the interlocal agreement between the City and County or to other

agencies as appropriate. With such recommendation of the director and the referral

of the City Council, the director shall refer his entire file to the city attorney. The

city attorney shall, after such referral, make a determination as to whether to proceed

with prosecution of such complaint in the court of competent jurisdiction of the

County of Jackson as authorized by the interlocal agreement between the City and

County.

Sec 4.412: Penalty.

If a discrimination housing practice is found to have in fact occurred and the case has been referred

to the court of competent jurisdiction as described in the preceding section, the respondent shall be

assessed a penalty of up to $500.00 per violation.

Sec. 4.413: Severability.

If any portion of this ordinance is held unconstitutional by a Court of competent jurisdiction, the

remaining provisions hereof shall nevertheless be valid, the same as if the portion or portions held

unconstitutional had not been adopted.

Sec. 4.414: Jurisdiction.

Jurisdiction for prosecution of any violation of the provisions of this ordinance shall lie in the court

of competent jurisdiction of the County of Jackson as authorized by the interlocal agreement

between the City and the County.

(Ordinance No. 262 of April 2, 1996)

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ARTICLE 4.500 SIGNS

Sec. 4.501: Definitions.

(A) The term poster within the meaning of this section, shall include any bill, picture,

printing, writing or inscription, or combination thereof, including advertisement for

the candidacy of any person for any elective office of any political subdivision of the

State of Texas or of the United States of America, of whatsoever substance or

composition for the purpose of propagating or transmitting thoughts, impressions or

ideas to any beholder thereof.

(B) The term to post, within the meaning of this section, shall include the verb denoting

the act of affixing by any means whatsoever a "poster," as that term is hereinabove

defined, to any surface whatsoever of any structure or object whatsoever, including,

but not limited to, any billboard, house, building, wall, stake, post, pole, any and all,

also monument, but not including motor vehicles.

(C) The term bill poster, within the meaning of this section, shall be construed to

designate any person, association or corporation acting solely for himself, itself or

themselves, or as an employee or employer, agent or principal, who shall be

engaged in the business or occupation of the posting of posters as those two (2)

terms are hereinabove defined.

(D) The term person, within the meaning of this section, shall be construed to include:

(i) the female, male, and neuter gender;

(ii) one (1) or more persons;

(iii) natural persons, as well as associations or persons, partnerships, or

corporations.

(E) The term public place, within the meaning of this section, shall be construed to

mean any realty, improved or unimproved, of the State of Texas, the City of

Ganado, County of Jackson, any school district or other public subdivision or

agency, except the government of the United States of America, which realty is held

by fee simple title, easement, leasehold, or by any other right under which the

public, agency or political subdivision has possession of the property and from

which the members of the general public cannot be excluded.

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Sec. 4.502: Painting or Posting Advertising Matter on Curbs, Sidewalks, Bridges or Public

Buildings.

No person in the city shall paint, print, post, or otherwise display any poster, picture, bill or

advertising matter of any kind in, at or upon any curb, sidewalk or other public improvement in any

public street or grounds, any bridge or part of same, any public building, structure or erection of any

kind belonging to the city, or any other public place, unless express consent therefor shall have been

first granted by the city commission and entered on its minutes.

Sec. 4.503: Posting Advertising Matter on Utility Poles, Trees, Traffic Signs, Etc.. I

t shall be unlawful for any person to place or cause to be placed, whether by posting, nailing,

pasting, gluing, or the use of any cohesive substance or in any manner whatever, any advertising

sign, poster, political advertisement, gummed label, bumper sticker, or any other advertising matter

whatever on any utility pole, tree, fence, fire hydrant, street or traffic light standard, stop sign or

other traffic directional sign standard, or on any other structure of any kind whatsoever located in

the public streets, sidewalks, alleyways, easements, public property, or any other public place in this

city.

Sec. 4.504: Violators and Fines.

(A) Violators of this section shall be that person who posted the "poster" and the person

authorizing the posting of the "poster" which each may be assessed a fine as a

violator.

(B) Any person violating any provision of this section shall, upon conviction, be guilty

of a misdemeanor and be fined not less than twenty-five dollars ($25.00) nor more

than two hundred dollars ($200.00) for each violation, and each day shall constitute

a separate offense.

(Ordinance No. 125 of September 4, 1984)

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CHAPTER 5 Table of Contents

FIRE PROTECTION

Article 5.100 Adoption of Standard Fire Prevention Code, 1991 Edition 5-2

Article 5.200: Amendments to Standard Fire Prevention Code, 1991 Edition 5 2

5.201 Chapter 1 Fire Prevention Code 5-2

5.202 Chapter 2 Fire Prevention Code 5-2

5.203 Chapter 17 of Fire Prevention Code 5-3

5.204 Chapter 32 of Fire Prevention Code 5-3

Article 5.300: Office of Fire Marshal 5-4

5.301 Office of Fire Marshall 5-4

5.302 Investigative Duties of Fire Marshall 5-4

5.303 Written Evidence During Investigation, Furnishing

Information to Appropriate Authority 5-4

5.304 Power to Summon Witnesses 5-5

5.305 Penalties 5-5

5.506 Investigations by Fire Marshall 5-5

5.507 Entry to Premises 5-5

5.508 Periodic Examinations by Fire Marshall 5-6

5.509 Penalty for Fire Hazards 5-6

Article 5.400: Arson Reward 5-7

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ARTICLE 5.100 ADOPTION OF STANDARD FIRE PREVENTION

CODE, 1991 EDITION

There is hereby adopted by the City of Ganado, Texas, for the purpose of prescribing regulations

governing conditions hazardous to life and property from fire or explosion, that certain code known

as the Standard Fire Prevention Code recommended by the Southern Building Code Congress;

being particularly the 1991 Edition thereof, with 1992-1993 revisions, and the whole thereof, save

and except such portions as are hereinafter deleted, modified, or amended by the Ganado City

Code. A copy of said code has been and now is filed in the office of the City Secretary and the

same is hereby adopted and incorporated as fully as if set out at length herein, together with any

subsequent additions, revisions, modifications or amendments as published in the said Standard

Fir& Prevention Code.

Within said Standard Fire Prevention Code, when reference is made to the duties of a certain

official named therein, that designated official of the City of Ganado, Jackson County, State of

Texas who has duties corresponding to those of the named official in said code shall be deemed to

be the responsible official insofar as enforcing the provisions of said code are concerned.

(Ordinance No. 229 of June 1, 1993)

ARTICLE 5.200 AMENDMENTS TO STANDARD FIRE PREVENTION CODE,

1991 EDITION

Sec. 5.201: Chapter 1 of the Fire Prevention Code is Hereby Amended to Add:

(A) 1.15 Fire Official. The fire marshal shall be designated to be the fire official as

referred to in the Fire Prevention Code.

Sec. 5.202: Chapter 2 of the Fire Prevention Code is Hereby Revised to Read as Follows:

(A) Chapter 2 - Appeals. 2.01 Any person who feels aggrieved by the decision of

any official seeking to enforce provisions of the Fire Prevention Code may appeal

such decision to the city commission.

(Provision for including Section 5.101(A) and 5.102(A) of Chapter 5 provided for in Ordinance

adopting Code)

Sec. 5.203: Chapter 17 of the Fire Prevention Code is Hereby Revised to Read as Follows:

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(A) Chapter 17 - Fireworks.

(1) 17.01 It shall be unlawful for any person, firm or corporation to engage in

the sale of fireworks of any kind or character, or to carry same in their place

of business within the limits of the City of Ganado.

(2) 17.02 It shall be unlawful for any person or persons to discharge or shoot

fireworks of any kind or character within the limits of the City of Ganado.

(Ordinance of December 9, 1952)

Sec. 5.204: Chapter 32, Section 32.101 of the City of Ganado Standard Fire Prevention Code

is Hereby Amended by Adding Paragraph E as Follows:

(A) Section 32.101, paragraph E: Burning of Garbage and Trash

(1) Definitions. As used in this paragraph, the following terms shall

have the respective meanings ascribed to them:

(i) Garbage and trash shall mean paper of all kinds, rags, old

clothing, paper containers, cloth, rubber, tires, all metals,

wood, boxes, barrels, crates, feathers, animal or fowl

carcasses, weeds, grass, leaves, tree limbs and tree stumps.

(2) Burning of Garbage and Trash - Prohibited. It shall be unlawful for

any person to burn. any garbage, trash or other waste matter, as

defined above, within the city except when it is necessary to

eliminate a naturally occurring fire hazard as determined by the city

fire marshal in accordance with the Texas Air Control Board

regulations and all other applicable laws, ordinances and regulations.

(3) Permit to Burn. Provided, however, a permit may be obtained from

the City of Ganado at the discretion of the city fire marshal, to burn

garbage and trash within the City of Ganado, to be established on a

case by case basis and under the conditions and stipulations as

prescribed by said city fire marshal. The fee for obtaining said

permit shall be five dollars ($5.00) and may be applied for through

the City Secretary for the City of Ganado.

(4) Exceptions. Provided however, this subsection shall not in any

manner prevent the burning of wood or charcoal for the purpose of

heat in home fireplaces or for cooking in barbecue pits by any

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individual or entity.

(Ordinance No. 159 of March 1, 1988)

ARTICLE 5.300 OFFICE OF FIRE MARSHALL*

Sec. 5.301: Office of Fire Marshall.

The office of fire marshal is hereby created. Such office shall be independent of other city

departments, the fire marshal reporting directly to the mayor and city commission. Such office

shall be filled by appointment by the mayor, by and with the consent of the city commission. The

said fire marshal shall be removed only for cause.

Sec. 5.302: Investigative Duties of Fire Marshall.

The fire marshal shall investigate the cause, origin and circumstances of every fire occurring within

this city by which property has been destroyed or damaged, and shall especially make investigation

as to whether such fire was the result of carelessness or design. Such investigation shall be begun

within twenty-four (24) hours, not including Sundays of the occurrence of such fire. The fire

marshal shall keep in his office a record of all fires, together with all facts, statistics and amounts of

the loss, which may be determined by the investigation required by this section.

Sec. 5.303: Written Evidence During Investigation, Furnishing Information to Appropriate

Authority.

The fire marshal, when in his opinion further investigation is necessary, shall take or cause to be

taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means

of knowledge in relation to the manner under investigation, and shall cause the same to be reduced

to writing; and if he shall be of the opinion that there is evidence sufficient to charge any person

with the crime of arson, or with the attempt to commit the crime of arson, or of conspiracy to

defraud, or criminal conduct in connection with such fire, he shall cause such person to be lawfully

arrested and charged with such offense or either of them, and shall furnish to the proper prosecuting

attorney all such evidence, together with the names of witnesses and all of the information obtained

by him, including a copy of all pertinent and material testimony taken in the case.

* Editor's note - Although inspections of property may be conducted to determine the presence of

any fire or health hazard or unsafe building condition or a violation of any fire, health or building

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regulation, statute or ordinance, entry without permission of a private residence cannot be had for

code inspections without a search warrant unless authorized by law due to an "exigent

circumstances." (See Vernon's Annotated Code of Criminal Procedures, Articles 1.06 and 18.05)

Sec. 5.304: Power to Summon Witnesses.

The fire marshal shall have the power to summon witnesses before him to testify in relation to any

matter which is by the provisions of this section a subject of inquiry and investigation, and may

require the production of any book, paper or document deemed pertinent thereto. The said fire

marshal is hereby authorized and empowered to administer oaths and affirmations to any persons

appearing as witnesses before him.

Sec. 5.305: Penalties.

Any witness who refuses to be sworn, or who refuses to appear or testify, or who disobeys any

lawful order of said fire marshal, or who fails or refuses to produce any book, paper or document

touching any matter under examination, or who is guilty of any contemptuous conduct during any

of the proceedings of the fire marshal in the matter of said investigation or inquiry, after being

summoned to give testimony in relation to any matter under investigation as aforesaid, shall be

deemed guilty of a misdemeanor; and it shall be the duty of the fire marshal to cause all such

offenders to be prosecuted. Any person being convicted of any such demeanor shall be fixed in a

sum not exceeding twenty-five dollars ($25.00). Provided, however, that any person so convicted

shall have the right to appeal.

Sec. 5.306: Investigations by Fire Marshall.

All investigations held by or under the direction of the fire marshal may, in his discretion, be

private, and persons other than those required to be present may be excluded from the place where

such investigation is held, and witnesses may be kept separate and apart from each other and not

allowed to communicate with each other until they have been examined.

Sec. 5.307: Entry to Premises.

The fire marshal shall have the authority at all times of day or night, when necessary, in the

performance of the duties imposed upon him by the provisions of this section, to enter upon and

examine any building or premises where any fire has occurred, and other buildings and premises

adjoining or near the same, which authority shall be exercised only with reason and good discretion.

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Sec. 5.308: Periodic examinations by Fire Marshall.

The fire marshal, upon complaint of any person having an interest in any building or property

adjacent and without any complaint, shall have a right at all reasonable hours, for the purpose of

examination, to enter into and upon all buildings and premises within the city, and it shall be his

duty, monthly or more often, to enter upon and make or cause to be entered and made, a thorough

examination of all mercantile, manufacturing and public buildings, together with the premises

belonging thereto. Whenever he shall find any building or other structure which, for want of repair,

or by reason of age or dilapidated condition, or for any cause, is especially liable to fire, and which

is so situated as to endanger other buildings or property, or so occupied that fire would endanger

persons or property therein, and whenever he shall find an improper or dangerous arrangement of

stoves, ranges, furnaces or other heating appliances of any kind whatsoever, including chimneys,

flues, and pipes with which the same may be connected, or a dangerous arrangement of lighting

devices or systems, or a dangerous or unlawful storage of explosives, compounds, petroleum,

gasoline, kerosene, dangerous chemicals, vegetable products, ashes,combustibles, inflammable and

refuse materials, or other conditions which may be dangerous in character or liable to cause or

promote fire or create conditions dangerous to the firemen or occupants, he shall order the same to

be removed or remedied, and such order shall be forthwith complied with by the owner or occupant

of said building or premises. Provided, however, that if said owner or occupant deems himself

aggrieved by such order, he may, within five (5) days, appeal to the mayor, who shall investigate

the cause of the complaint and unless by his authority the order is revoked, such order shall remain

in force and be forthwith complied with by said owner or occupant. At the end of each month the

fire marshal shall report to the state fire marshal any existing hazardous conditions, together with

separate report on each fire in the city during month.

Sec. 5.309: Penalty for Fire Hazards.

(A) Any owner or occupant of a building or other structure or premises, who shall keep

or maintain the same when, for want of repair, or by reason of age or dilapidated

condition, or for any cause, it is especially liable to fire, and which is so situated as

to endanger other persons or their property therein, shall be punished by a fine of not

less than ten dollars ($10.00) nor more than fifty dollars ($50.00).

(B) Any owner or occupant of any building or other structure, or premises, who shall

keep or maintain the same with any improper arrangement of a stove, range,

furnace, or other heating appliance of any kind whatever, including chimneys, flues,

and pipes with which the same may be connected, so as to be dangerous in the

matter of fire, health, or safety of persons or property of others; or who shall keep or

maintain any building, other structure or premises with an improper arrangement of

a lighting device or system, or with a storage of explosives, petroleum, gasoline,

kerosene, chemicals, vegetable products, ashes, combustibles, inflammable

materials, refuse, or with any other conditions which shall be dangerous in character

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to the persons, health or property of others; or which shall be dangerous in the

matter of promoting, augmenting or causing fires; or which shall create conditions

dangerous to firemen, or occupants of such building, structure or premises other

than the maintainer thereof, shall be punished by a fine of not less than ten dollars

($10.00) nor more than fifty dollars ($50.00).

(C) No prosecution shall be brought under subsection A and B of this section until the

order provided for in Article 5.308 be given, and the party notified shall fail or

refuse to comply with the same.

(Ordinance of February 2, 1960)

ARTICLE 5.400 ARSON REWARD

The City of Ganado, Texas, hereby offers a reward of two hundred fifty dollars ($250.00) for the

arrest and conviction of any person or persons found guilty of committing the crime of arson within

the corporate limits of the said City of Ganado, Texas. This reward is a standing offer, and shall be

paid out of the general fund of the City of Ganado, Texas.

(Ordinance of March 5, 1963)

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CHAPTER 6 Table of Contents

HEALTH & SANITATION

Article 6.100: Garbage Regulations 6-2

6.101 Definitions 6-2

6.102 Requiring Suitable Containers; Weight Limits 6-2

6.103 Disposal of Dead Animals Unlawful 6-3

6.104 Placement of Refuse in Public Ways Prohibited 6-3

6.105 Disturbing Receptacles Prohibited 6-3

6.106 Collection Prohibited; Exceptions 6-3

6.107 Receptacles to be Kept Sanitary 6-3

6.108 Collection Schedule 6-4

6.109 City Council May Contract for Service 6-4

6.110 Garbage Rates 6-4

Article 6.200: Maintenance of Private Premises 6-5

6.201 Accumulation of Water, Unwholesome matter,

Weeds Prohibited 6-6

6.202 Abatement of Nuisance: Assessment of Cost 6-6

6.203 Lien May Be Filed for Nonpayment 6-7

Article 6.300: Food Service Sanitation 6-7

6.301 Rules on Food Service Sanitation Adopted 6.8

6.302 Permits, Licenses or Certificates – General 6-8

6.303 Inspections 6-10

6.304 Examination and Condemnation of Food 6-11

6.305 Review of Plans 6-12

6.306 Procedure When Infection is Suspected 6-12

6.307 Remedies 6-13

Article 6.400: Retail Food Store Sanitation Code Adopted 6-13

6.401 Definitions 6-13

Article 6.500: Leaving Child Unattended in Motor Vehicle 6-13

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6.501 Offense 6-14

6.502 Intent 6-14

ARTICLE 6.100 GARBAGE REGULATIONS

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Sec. 6.101: Definitions.

(A) The word "premises" as used in this section shall be taken to mean business

establishments offices, schools, churches, hospitals, nursing homes, private

residences, vacant lots and all other places within the city limits of the City of

Ganado, where garbage, trash, or rubbish accumulates in ordinary quantities.

(B) The various kinds of garbage shall be defined as follows:

(1) By the term "kitchen garbage" as used in this section is meant, dry kitchen

refuse, all meat, vegetable and fruit refuse, from any premises within the city

limits.

(2) By the term "dry kitchen refuse" is meant the solids after the liquid or slop

has been drained off.

(3) By the term "trash" as used in this section is meant paper of all kinds, rags,

old clothing, paper containers, plastic containers, pieces of wood, boxes,

barrels, crates, feathers, weeds, grass, tree limbs, and leaves from any

premises within the city limits.

(4) By the term "rubbish" as used in this section is meant tin cans, bottles, glass,

scraps of iron, tin, wire, or any other metals.

Sec. 6.102: Requiring Suitable Containers; Weight Limits.

It shall be the duty of every person, firm, or corporation owning, managing, operating, leasing, or

renting any premises, or any place where kitchen garbage accumulates, to provide a portable

standard garbage can constructed of galvanized iron, tin or other suitable material, with two (2)

handles and a tight fitting cover of a capacity not less than five (5) gallons nor more than thirty (30)

gallons, not to weigh over fifty (50) pounds when loaded to capacity, and the daily accumulation of

kitchen garbage and dry kitchen refuse shall be placed in this garbage can. It shall also be the duty

of every person, firm or corporation owning, managing, operating, leasing, or renting any premises

to place all trash and rubbish from said premises in boxes or sacks or other durable water-proof

receptacles of reasonable size, provided that the gross weight does not exceed fifty (50) pounds.

Garbage cans, boxes or sacks of trash and rubbish and tree limbs (which shall be cut into lengths

not exceeding four (4) feet, and the gross weight not to exceed fifty (50) pounds, shall be placed

inside the curb line of street to be collected by the garbage vehicles.

Sec. 6.103: Disposal of Dead Animals Unlawful.

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It shall be unlawful at all times and in all circumstances for any dead animal to be placed in the

garbage can or any other receptacle for pick up by the sanitation service.

(Ordinance of June 7, 1977 as amended by Ordinance No. 179 of August 8, 1989)

Sec. 6.104: Placement of Refuse in Public Ways Prohibited.

The placing of kitchen garbage, trash, or rubbish or any article, thing, or material, in or on any

street, highway, or alley within the city limits with the intent to abandon or discard same, is

prohibited unless it is placed in proper containers for the pick up.

(Ordinance No. 176 of June 1, 1989)

Sec. 6.105: Disturbing Receptacles Prohibited.

The meddling with garbage cans, trash, or rubbish receptacles or in any way pilfering, scattering

contents, or junking in any alley or street is prohibited.

Sec. 6.106: Collection Prohibited; Exceptions.

The collection of garbage, trash, and rubbish or any kind of junk within the city limits is prohibited

except as provided for in this section.

Sec. 6.107: Receptacles To Be Kept Sanitary.

Garbage cans shall be kept in a sanitary condition and tightly closed at all times, and where

necessary a reliable disinfectant must be used at places where receptacles for the garbage, trash, and

rubbish are located to be collected to keep down odors and flies. The contents of all receptacles

shall be so protected that wind cannot blow out and scatter same over the streets, alleys, and

premises of the city.

Sec. 6.108: Collection Schedule.

Refuse collection schedules shall be in accordance with franchise granted by city to operate garbage

collection service within the city.

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Sec. 6.109: City Council May Contract for Service.

The City Council of the City of Ganado, meeting in regular session, may by proper contract

agreement, contract with an individual or individuals for the collection and handling of such

garbage and rubbish trash upon terms and conditions agreed upon by both parties.

(Ordinance of June 7, 1977, as amended by Ordinance No. of August 8, 1989)

EDITOR'S NOTE: Ordinance No. 179 of August 9, 1989 granted garbage collection franchise to Countywide Sanitation, Inc.

Sec. 6.110: Garbage Rates.

There shall be charged, assessed and collected from each person, firm or corporation within the

corporate limits of the City of Ganado, Texas, a sum determined from the schedule of rates in this

section, which sum shall be added to the monthly charge for each and every water meter or meters,

and/or sewer connections listed or registered in his, hers or its name, and through which water

and/or sewer service is purchased, used or obtained from the City of Ganado, and which sum shall

be listed as a separate item on each bill and shall be payable as and when the bill charged against

any water consumer and/or sewer user for water and/or sewer used is paid, subject to the following

rates or schedules, to-wit:

(1) Residence $ 19.62 monthly

2 x Week Solid Waste (limited to six (6) garbage bags,

or non-reusable cardboard boxes, not to exceed 35 lbs.

in weight)

1 x Week Brush Service

(2) Commercial (Hand Collect) $ 40.18 monthly

2 x Week - 5 Bag Limit

(3) Containers

1 X 2 X XPU

2 yard $78.89 $142.36 $28.25

3 yard $92.33 $167.36 $42.38

4 yard $107.73 $196.22 $56.50

1 X 2X XPU

6 yard $138.33 $252.01 $84.75

8 yard $167.36 $307.81 $113.00

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ROLL-OFFS

Haul Fee Plus Disposal /$per ton/& FF Fee

20 cyd $449.95 $34.00 per ton *proposed VCLF fee & FF fee

30 cyd $449.95 $34.00 per ton *proposed VCLF fee & FF fee

40 cyd $449.95 $34.00 per ton * proposed VCLF fee & FF fee

Monthly Rental $203.40 (per day) $6.78

Initial Delivery $187.30 Trip Charge $187.30

(Ordinance No. 369 of October 30, 2007)

(4) Compactors: Rental fees and dump fees will be negotiated between the contractor,

customer and the City of Ganado.

(5) Open Top Containers: Rental fees and dump fees will be negotiated between the

contractor, customer and the City of Ganado.

(Ordinance No. 376 of October 14, 2008)

(7) Special Waste: Special Waste rates will be calculated on a case by case basis.

(8) PROVIDED HOWEVER, any person, firm or corporation may petition the City

Council to waive the garbage fee added to their water and/or sewer service if there

be no residential dwelling or building located on the tract receiving the water and/or

sewer service or for other just and reasonable reasons as approved by the City

Council, at their absolute discretion; and further, any person, firm or corporation

being assessed for garbage collection on their water and/or sewer billing at a

commercial rate, may petition the City Council for a reduction in their rate due to

the small volume of garbage being picked up, said commercial rate being capable of

being reduced down to the then current residential garbage rate as may be approved

by the City Council at their absolute discretion.

(9) Non-payment of the garbage fee, as added to the water and/or sewer billing, shall

empower the City of Ganado to disconnect the customer's water and/or sewer

service in the same manner as set out in Chapter 10 of the Ganado City Code of

Ordinances, in addition to the cessation of garbage pick up at customer's location.

(Ordinance No. 240 of March 1, 1994)

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ARTICLE 6.200 MAINTENANCE OF PRIVATE PREMISES

Sec. 6.201: Accumulation of Water, Unwholesome Matter, Weeds Prohibited.

(A) It shall be unlawful for any person, firm, or corporation who shall own or occupy

any lot or lots in the City of Ganado, Texas, to permit or allow holes or places on

said lots where water may accumulate and become stagnant, or to permit same to

remain.

(B) It shall be unlawful for any person, firm, or corporation who shall own or occupy

any lot or lots in the City of Ganado, Texas, to permit or allow the accumulation of

stagnant water thereon, or to permit same to remain.

(C) It shall be unlawful for any person, firm, or corporation who shall own or occupy

any house, buildings, establishment, lot or yard in the City of Ganado to permit or

allow any carrion, filth, or other impure or unwholesome matter to accumulate or

remain thereon.

(D) It shall be unlawful for any person, firm, or corporation who shall own or occupy

any lot or lots in the City of Ganado, Texas, to allow weeds, rubbish, brush or any

other unsightly, objectionable or insanitary matter to accumulate or grow on said lot

or lots.

Sec. 6.202: Abatement of Nuisance; Assessment of Cost.

(A) Should any owner of such lot or lots that have places thereon where stagnant water

may accumulate and/or which are not properly drained, or the owner of any

premises or building upon which carrion, filth, or other impure or unwholesome

matter may be, fail and/or refuse to drain and/or fill the same lot or lots, or remove

such filth, carrion or other impure or unwholesome matter, as the case may be,

within ten (10) days after notice to said owner to do so, in writing or by letter

addressed to such owner at his post office address or within ten (10) days after

notice by publication as many as two (2) times within ten (10) consecutive days in

any newspaper in Jackson County, Texas, if personal service, may not be had as

aforesaid, or if the owner's address be not known; then in that event, the City of

Ganado, Texas, may do such filling or draining, or removal of filth, carrion, etc., or

any other unsightly, objectionable or insanitary matter, or cause the same to be done

and may pay therefor and charge the expenses incurred in doing such work or

having such work done or improvements made to the owner of such lot or lots or

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real estate, and if such work is done or improvements made at the expense of the

City of Ganado, Texas, then such expense or expenses shall be assessed on the real

estate, or lots upon which such expense was incurred.

(B) Should any owner of any lot or lots within the City of Ganado, Texas, who shall

allow weeds, rubbish, brush or any other unsightly, objectionable or insanitary

matter to grow or accumulate thereon, fail and/or refuse to cut down insanitary

matter, as the case may be, within ten (10) days after notice to said owner to do so,

in writing, or by letter addressed to such owner at his post office address, or within

ten (10) days after notice by publication as many as two (2) times within ten-(10)

consecutive days in any newspaper in Jackson County, Texas, may do such cutting

down and/or removing such weeds, rubbish, brush or any other unsightly,

objectionable or insanitary matter, or cause the same to be done and may pay

therefor, and charge the expenses incurred in doing such work or having such work

done or improvements made to the owner of such lot or lots or real estate; and, if

such work is done, or improvements made at the expense of the City of Ganado,

Texas, then such expenses shall be assessed on the real estate, or lot or lots upon

which such expense was incurred.

Sec. 6.203: Lien May Be Filed for Nonpayment.

The mayor or city secretary of the City of Ganado shall file a statement of such expenses incurred

under this section giving the amount of such expenses, the date on which said work was done or

improvements made, with the county clerk of Jackson County, Texas; and the City of Ganado,

Texas, shall have a privileged lien on such lot or lots or real estate upon which said work was done

or improvements made to secure the expenditures so made, in accordance with the provisions of

said Article 4436, Revised Civil Statutes of Texas, which said lien shall be second only to tax liens

and liens for street improvements; and said amount shall bear ten percent (10%) interest from the

date said statement was filed. It is further provided that for any such expenditures, and interest, as

aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name

of the City of Ganado, Texas; and the statement of expenses so made, as aforesaid, or a certified

copy thereof, shall be prima facie proof of the amount expended for such work or improvements.

(Ordinance of September 7, 1965)

ARTICLE 6.300 FOOD SERVICE SANITATION

Sec. 6.301: Rules on Food Service Sanitation Adopted.

The definitions; the inspection of food service establishments; the issuance, suspension and

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revocation of permits to operate food service establishments; the prohibiting of the sale of unsound

or mislabeled food drink; and the enforcement of this section shall be regulated in accordance with

the Texas Department of Health, Division of Food and Drugs "Rules on Food Service Sanitation

301.73.11.001-.011," a copy of which shall be on file in the office of the city secretary.

Sec. 6.302: Permits, Licenses or Certificates. General.

(A) No person shall operate a food service establishment who does not have a valid

permit, license, or certificate issued to him by the City of Ganado. Only & person

who complies with the requirements of these rules shall be entitled to receive or

retain such a permit, license, or certificate. Permits, licenses, or certificates are not

transferable. A valid permit, license, or certificate shall be posted in every food

service establishment.

(B) A fee of five dollars ($5.00) shall be charged for each permit issued under this

section. No fee shall be charged to any food service establishment owned and

operated by a governmental agency, independent school district, institution of purely

public charity, or church; provided, however, that such establishment shall comply

with all other requirements of this section.

(C) Issuance of Permit, License, or Certificate. All permits, licenses, or certificates

required or permitted to be issued under the provisions of this section shall be issued

by the City of Ganado only after written approval of the Jackson County Health

Department and may be suspended by the city for failure of the holder to comply

with the requirements of this section after inspection by the Jackson County Health

Department and notification to the City of Ganado of such failure to comply.

(D) Suspension of Permit, License, or Certificate.

(i) The Jackson County Health Department may, without warning, notice, or

hearing suspend any permit, license, or certificate to operate a food service

establishment if the holder of the permit, license, or certificate does not

comply with the requirements of these rules, or if the operation of the

establishment does not comply with the requirements of these rules, or if the

operation of the food service establishment otherwise constitutes a

substantial hazard to public health. Suspension is effective upon service of

the notice required by Section 6.302D(ii) of this section. When a permit,

license, or certificate is suspended, food service operations shall

immediately cease. Whenever a permit, license, or certificate is suspended,

the holder of the permit, license, or certificate shall be afforded an

opportunity for a hearing within twenty (20) days of receipt of a request for a

hearing.

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(ii) Whenever a permit, license, or certificate is suspended, the holder of the

permit, license, or certificate, or the person in charge shall be notified in

writing that the permit, license, or certificate is, upon service of the notice,

immediately suspended and that an opportunity for a hearing will be

provided if a written request for a hearing is filed with the Jackson County

Health Department by the holder of the permit, license, or certificate within

ten (10) days. If no written request for hearing is filed within ten (10) days,

the suspension is sustained. The Jackson County Health Department may

end the suspension at any time if reasons for suspension no longer exist.

(E) Revocation of Permit, License, or Certificate. The Jackson County Health

Department may, after providing opportunity for a hearing, revoke a permit, license,

or certificate for serious or repeated violations of any of the requirements of these

rules or for interference with the Jackson County Health Department in the

performance of its duties. Prior to revocation, the Jackson County Health

Department shall notify the holder of the permit, license, or certificate, or the person

in charge, in writing of the reason for which the permit, license, or certificate is

subject to revocation and that the permit, license, or certificate shall be revoked at

the end of the ten (10) days following service of such notice unless a written request

for a hearing is filed with the Jackson County Health Department by the holder of

the per-mit, license, or certificate within such ten (10) day period. If no request for

hearing is filed within the ten (10) days period, the revocation of the permit, license,

or certificate becomes final.

(F) Service of Notices. A notice provided for in these rules is properly served when it is

delivered to the holder of the permit, license, or certificate, or the person in charge,

or when it is sent by registered or certified mail, return receipt requested, to the last

known address of the holder of the permit, license, or certificate. A copy of the

notice shall be filed in the records of the Jackson County Health Department.

(G) Hearings. The hearings provided for in these rules shall be conducted by the

Jackson County Health Department at a time and place designated by it. Based

upon the recorded evidence of such hearing, the Jackson County Health Department

shall make a final finding, and shall sustain, modify or rescind any notice or order

considered in the hearing. A written report of the hearing decision shall be

furnished to the holder of the permit, license, or certificate by the Jackson County

Health Department.

(H) Application after Revocation. Whenever a revocation of a permit, license, or

certificate has become final, the holder of the revoked permit, license, or certificate

may make written application for a new permit, license, or certificate.

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Sec. 6.303: Inspections.

(A) Inspection Frequency. An inspection of a food service establishment shall be

performed at least once every six (6) months. Additional inspections of the food

service establishment shall be performed as often as are necessary for the

enforcement of these rules.

(2) Access. Agents of the Jackson County Health Department, after proper

identification, shall be permitted to enter any food service establishment at any

reasonable time, for the purpose of making inspections to determine compliance

with these rules. The agents shall be permitted to examine the records of the

establishments to obtain information pertaining to food and supplies purchased,

received, or used, or to persons employed.

(C) Report of Inspections. Whenever an inspection of a food service establishment or

commissary is made, the findings shall be recorded on the inspection report form

provided for in "Rules on Food Service Sanitation." The inspection report form

shall summarize the requirements of these rules and shall set forth a weighted point

value for each requirement. Inspectional remarks shall be written to reference, by

section number, the section violated and shall state the correction to be made. The

rating score of the establishment shall be the total of the weighted point values for

all violations, subtracted from one hundred (100). A copy of the inspection report

form shall be furnished to the person in charge of the establishment at the

conclusion of the inspection. The completed inspection report form is a public

document that shall be made available for public disclosure to any person who

requests it according to law.

(D) Correction of Violations.

(i) The inspection report form shall specify a reasonable period of time for the

correction of the violations found, and correction of the violations shall be

accomplished within the period specified, in accordance with the following

provisions:

(a) If an imminent health hazard exists, such as compete lack of

refrigeration or sewage backup into the establishment, the

establishment shall immediately cease food service operations.

Operations shall not be resumed until authorized by the Jackson

County Health Department.

(b) All violations of four (4) or five (5) point weighted items shall be

corrected as soon as possible, but in any event, within ten (10) days

following inspection. Within fifteen (15) days after the inspection,

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the holder of the permit, license, or certificate shall submit a written

report to the regulatory authority stating that the four (4) or five (5)

point violations have been corrected. A follow-up inspection shall

be conducted to confirm correction.

(c) All one (1) or two (2) point weighted items shall be corrected as

soon as possible, but in any event, by the time of the next routine

inspection.

(d) When rating score of the establishment is less than sixty (60) the

establishment shall initiate corrective action on all identified

violations within forty-eight (48) hours. One (1) or more

reinspections will be conducted at reasonable time intervals to assure

correction.

(e) In the case of temporary food service establishments, all violations

shall be corrected within twenty-four (24) hours. If violations are

not corrected within twenty-four (24) hours, the establishment shall

immediately cease food service operations until authorized to resume

by the Jackson County Health Department.

(ii) The inspection report shall state that failure to comply with any time limits

for corrections may result in cessation of food service operations. An

opportunity for appeal from the inspection findings and time limitations will

be provided if a written request for a hearing is filed with the Jackson

County Health Department within ten (10) days following cessation of

operations If a request for a hearing is received, a hearing shall be held

within twenty (20) days of receipt of that request.

(iii) Whenever a food service establishment is required under the provisions of

this rule to cease operations, it shall not resume operations until such time as

a reinspection determines that conditions responsible for the requirement to

case operations no longer exists. Opportunity for reinspection shall be

offered within a reasonable time.

Sec. 6.304: Examination and Condemnation of Food.

General. Food may be examined or sampled by the Jackson County Health Department as often as

necessary for enforcement of these rules. The Jackson County Health Department may, upon

written, notice to the owner or person in charge specifying with particularity the reasons therefor,

place a hold order on any food which it believes is in violation of these rules. The Jackson County

Health Department shall tag, label, or otherwise identify any food subject to the hold order. No

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food subject to a hold order shall be used, served, or moved from the establishment. The Jackson

County Health Department shall permit storage of the food under conditions specified in the hold

order, unless storage is not possible without risk to the public health, in which case immediate

destruction shall be ordered and accomplished. The hold order shall state that a request for hearing

may be filed within ten (10) days and that if no hearing is requested the food shall be destroyed. A

hearing shall be held if so requested, and on the basis of evidence produced at that hearing, the hold

order may be vacated, or the owner or person in charge of the food may be directed by written order

to denature or destroy such food or to bring it into compliance with the provisions of these rules.

Sec. 6.305: Review of Plans.

(A) Submission of Plans. Whenever a food service establishment is constructed or

extensively remodeled and whenever an existing structure is converted to use as a

food service establishment, properly prepared plans and specifications for such

construction, remodeling, or conversion shall be submitted to the Jackson County

Health Department for review and approval before construction, remodeling or

conversion is begun The plans and specifications shall indicate the proposed layout,

arrangement, mechanical plans, and construction materials of work areas, and the

type and model of proposed fixed equipment and facilities. The Jackson County

Health Department shall approve the plans and specifications if they meet the

requirements of these rules. No food service establishment shall be constructed,

extensively remodeled, or converted except in accordance with plans and

specifications approved by the Jackson County Health Department.

(B) Pre-operational Inspection. Whenever plans and specifications are required to be

submitted to the Jackson County Health Department, the Jackson County Health

Department shall inspect the food service establishment prior to its beginning

operation to determine compliance with the approved plans and specifications and

with the requirements of these rules.

Sec. 6.306: Procedure When Infection is Suspected.

When the Jackson County Health Department has reasonable cause to suspect the possibility of

disease transmission from any food service establishment employee, it may secure morbidity

history of the suspected employee or make any other investigation as may be indicated and shall

take appropriate action. The Jackson County Health Department may require any or all of the

following measures:

(A) The immediate exclusion of the employee from all food service establishments;

(B) The immediate closing of the food service establishment concerned until, in the

opinion of the Jackson County Health Department, no further danger of disease

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outbreak exists;

(C) Restriction of the employee's service to some area of the establishment where there

would be no danger of transmitting disease;

(D) Adequate medical and laboratory examination of the employee, or other employees

and of his or their body discharges.

Sec. 6.307: Remedies.

(A) Penalties. Any person who violates a provision of these rules and any person who is

the permit holder of or otherwise operates a food service establishment that does not

comply with the requirements of these rules and any responsible officer of that

permit holder or those persons shall be fined not more than two hundred dollars

($200.00).

(B) Injunctions. The Jackson County Health Department and the City of Ganado may

seek to enjoin violations of these rules.

(Provision for inclusion of chapter 6, section 6.300 of this Code of Ordinances provided for in

ordinance adopting Code.)

ARTICLE 6.400 RETAIL FOOD STORE SANITATION

CODE ADOPTED

Sec. 6.401: Definitions.

The definitions; the inspection of retail food stores; the issuance, suspension, and revocation of a

permit to operate a retail food store; the prohibiting of the sale of unsound food or drink; and the

enforcement of this Code shall be regulated in accordance with the 1982 Edition of the Association

of Food and Drug Officials' and the Food and Drug Administration's "Retail Food Store Sanitation

Code", three certified copies of which shall be on file in the office of the municipal clerk; provided,

that the word "municipality" in said code shall be understood to refer to the city limits of the City of

Ganado.

(Ordinance No. 113 of March 8, 1983)

ARTICLE 6.500 LEAVING CHILD UNATTENDED

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IN MOTOR VEHICLE

Sec. 6.501: Offense.

A person commits an offense if he/she, acting with knowledge, intent, or criminal negligence,

leaves a child in a motor vehicle for longer than five (5) minutes if the child is:

(A) Younger than seven (7) years of age, and

(B) Not attended by an individual who is fourteen (14) years of age or older.

Sec. 6.502: Intent.

The terms knowledge, intent and criminal negligence as used in this section shall have the same

meanings as set out in the definitions of these terms in the Texas Penal Code.

(Ordinance No. 123 of March 6, 1984)

Ordinance No. 337 AN ORDINANCE ENACTING SECTION 6.601 OF CHAPTER 6, ARTICLE 6.600 OF THE GANADO CODE OF ORDINANCES, AN ORDINANCE REQUIRING GENERATORS OF GREASE OR GRIT TRAP WASTE ESTABLISHMENTS TO CONSTRUCT AND MAINTAIN GREASE/GRIT TRAPS AS STATED IN THIS ORDINANCE: PROVIDING A PENALTY OR FINE NOT TO EXCEED $500 PER VIOLATION, PER DAY.

BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF GANADO, TEXAS, THAT SECTION 6.601, CHAPTER 6, ARTICLE 6.600 OF GANADO CODE OF ORDINANCES BE ENACTED AS FOLLOWS, TO-WIT: WHEREAS; the City of Ganado is responsible for the operation

and maintenance of the utility water and sewer services, WHEREAS; Generators of Grease or Grit trap waste has effected

the operation and maintenance of city main sewer lines, WHEREAS; regulations regarding the construction of a grease

or grit trap operation on generators of grease and grit is needed,

WHEREAS; regulations regarding the maintenance of grease or

grit traps operation is needed, WHEREAS; it is in the best interest of the City of Ganado to

establish and require grease or grit traps be constructed and maintained as stated in this ordinance.

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THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

GANADO, TEXAS: 1. GENERATOR OF GREASE OR GRIT TRAP WASTE Commercial Grease Generator means every food preparation

and food service establishment, any other commercial establishment, or any residential apartment complex, including, but not limited to, bakeries, bars, butcher shops, cafes, clubhouses, delicatessens, ice cream parlors, hospitals, nursing homes, convalescent care facilities, hotels, restaurants, schools, or similar places where meat, poultry, seafood, dairy products, or fried foods are prepared or served, AND which dispose into the public sanitary sewer system such wastewater containing grease or grit in excess of

200 milligrams per liter of water, but shall not apply to any private residence not used for the commercial preparation and/or sale of food items.

Commercial/Industrial Grit Generator means every

commercial or industrial generator of liquid waste containing petroleum based oil and grease wastes, and inorganic solids including, but not limited to, automotive or heavy machinery repair and/or washing facilities, or other establishments which dispose into the public sanitary sewer such wastewater containing petroleum products in excess of 200 milligrams per liter of water.

Director means the director of the Department of

Water/Wastewater of the City of Ganado, or his/her authorized representative, which may include a person appointed by the Director of the Department of Water/Wastewater or by the Mayor.

Generator means a person who causes, creates, generates,

stores or otherwise produces liquid waste or owns property upon which liquid waste is caused, created, generated, stored or produced, including but not limited to grease trap waste and grit trap waste as a by-product of a domestic or non-domestic activity other than merely as a result of mere residence at a non-business location.

Grease trap waste means any organic, inorganic, greasy or

fatty liquid, semi-liquid, and/or solid wastes collected by and ultimately removed from a grease trap for proper disposal.

Grit trap waste means oil and grease wastes, and inorganic

solids generated by commercial, industrial, automotive or heavy machinery repair and/or washing facilities that are collected by and ultimately removed form a grit trap for

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disposal.

Manifest means the written, multi-part documentation

required to be in the possession of the transporter enabling disposal of hauled grit trap waste, grease trap waste, and sewage at a permitted or registered disposal site.

Plumbing changes means the installation, replacement, or

removal of drainage piping or water supply piping. Sanitary sewer means a system of pipes, conduit, and

treatment facilities owned or operated by the City of Ganado which collect, transport, and treat sanitary sewage, and to which storm, surface, and ground waters are not intentionally or normally admitted.

2. PROHIBITED DISCHARGES It shall be unlawful, for any person or entity, including,

but not limited to a commercial grease generator and/or a commercial/industrial grit generator, to introduce or cause to be introduced into a public sanitary sewer the following:

(a) fats, oils or greases of animal or vegetable origin in concentrations greater than 200 milligrams per liter of water, or (b) petroleum based oil and grease wastes, and inorganic solids in concentrations greater that 200 milligrams per liter of water.

3. GREASE AND GRIT TRAPS REQUIRED (a) Commercial Grease Generators. All commercial grease generators, and others in violation of Sub-Section 2 hereof, shall discharge all wastes from sinks, dishwashers and drains into an approved and properly maintained and functioning grease trap before entering the sanitary sewer drain. Such grease traps shall be inspected, cleaned, and repaired regularly, as needed, by the Generator at his/her expense. (b) Commercial/Industrial Grit Generators. All

commercial/industrial grit generators, and others in violation of Sub-Section 2 hereof, shall discharge all grit

trap wastes into an approved and properly maintained and functioning grit trap before entering the sanitary sewer drain. Such grit traps shall be inspected, cleaned, and repaired regularly, as needed, by the Generator at his/her expense.

4. CONSTRUCTION OF GREASE OR GRIT TRAPS AND SAMPLE PORT

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(a) The construction requirements of this section

shall apply to all new construction, expansions, and improvements involving plumbing changes, change in ownership or change in occupancy of grease or grit operators, or otherwise in compliance with a determination of the Director. In addition to new construction, expansions and improvements, all grease or grit generators shall construct sample ports in accordance with a schedule filed by the Director with the City Secretary.

(b) Grease traps shall be constructed to prevent fats, oils, or greases of animal or vegetable origin from entering the sanitary sewer in concentrations greater than 200 milligrams per liter. Grit traps shall be constructed to prevent petroleum

based on and grease wastes and inorganic or other solids from entering the sanitary sewer. The size, type, and location of each grease or grit trap must be approved by the director prior to any discharge therein. (c) A Grease or Grit Generator shall install grease or grit traps so that they are easily accessible for cleaning and as close as possible to the source of production. (d) A Grease or Grit Generator shall install a sample port for ease on sampling the waste stream as close as possible to the connection with the City sanitary sewer main within the bounds of the facility property. The port shall be installed and maintained at the user's expense. The port shall be installed perpendicular to the effluent flow to allow visual

observation and sampling. The port shall be accessible for monitoring authorities. (e) All existing Generators will have 180 days from the date of this ordinance passage to construct the required trap. (f) Construction of the trap will be in compliance with all applicable state and federal requirements. 5. MAINTENANCE OF GREASE AND GRIT TRAPS (a) A Grease or Grit Generator shall have traps

serviced as frequently as necessary to prevent bypass or overflow, and to insure proper operation of the trap. Such generators shall, at a minimum, have grease and/or grit traps serviced quarterly or as otherwise approved in advance in writing by the Director.

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(b) A Grease or Grit Generator shall cause the

liquid waste hauler to completely evacuate all grease and/or grit traps and other interceptors during servicing. It shall be unlawful for a Grease or Grit Generator to allow in the servicing of his trap, the discharge of liquid, semi-solids, or solids to be discharged back into a grease or grit trap after servicing. (c) A Grease or Grit Generator shall sign the

manifest presented by the liquid waste transporter and shall keep the receipt for a period of three years. Receipts shall be maintained at the facility for inspection by the Director upon request.

(d) It shall be unlawful for a Grease or Grit

Generator to allow grease or grit trap waste to be removed

from his premises by a transporter who does not have an applicable state or federal permit or registration to transport said wastes.

(e) It shall be unlawful for a commercial grease generator to allow any food grinders, garbage disposers, or frying vats to discharge into a grease trap unless otherwise expressly permitted in writing by the Director. The Director may revoke said permission at any time. (f) A Grease or Grit Generator shall properly monitor and maintain the collection point, so that wastewater samples taken from the collection point are representative of wastewater leaving the grease or grit trap.

(g) It shall be unlawful for a Grease or Grit Generator to divert sewage around a collection point into the sanitary sewer. 6. REPORTS AND MONITORING (a) All Grease or Grit Generators shall, at a

frequency and time determined by the Director, but in no case less than once per year, submit to the Director (1) report indicating the concentration of fats, oils, and greases discharged into sanitary sewer, and (2) copies of all manifests made by liquid waste transporters servicing their grease trap during the reporting period.

(b) A Grease or Grit Generator shall immediately

report to the Director discharge, spills or accidents involving a grease or grit trap or the sanitary sewer, which pose a threat to the public health or potential damage to the environment.

(c) A Grease or Grit Generator shall recover all

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accidental spill and discharges immediately and have such

waste disposed of by a transporter holding a valid license or registration from the appropriate state or federal authority.

(d) The Director may randomly sample and analyze the effluent from a Grease or Grit Generator and conduct surveillance activities to determine compliance with this Ordinance. (e) It shall be unlawful for a Grease or Grit

Generator to refuse to allow allow the Director to enter their premises during business hours to determine whether the user is complying with all of the requirements of this ordinance. A Grease or Grit Generator shall allow the Director access to all parts of the premises for purposes of

inspection, sampling, records examination and copying, and the performance of additional duties. Failure to allow the Director access as provided herein shall make the Generator liable for additional inspection fees as described herein or by separate ordinance.

(f) If the Director has been refused access to a building, structure or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this division, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this division or any permit or order issued hereunder, to protect the overall public health, safety and welfare of the community or to protect

the wastewater collection system or publicly owned treatment works, then the Director may seek issuance of a search warrant from any court of competent jurisdiction. 7. ENFORCEMENT (a) If the Director has cause to believe that a

Grease or Grit Generator has violated or continues to violate any provisions of this division, the Director may serve upon that user a written notice of violation. The Director has 10 days after such notice is sent to the Generator to determine whether the Grease or Grit Generator's sewer service should be suspended or whether the Grease or Grit Generator should be declared a "Special Generator." If the Director finds

that a Grease or Grit Generator has violated or continues to violate any provision of this division, the Director may declare the Generator a "Special Generator" or suspend that Generator's sewer service. At or before the hearing, the Grease or Grit Generator may submit an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, to the Director, which the Director may consider in determining

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a violation or establishing a sanction. Submission of an

explanation and/or plan in no way relieves the Grease or Grit Generator of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the Director to take any action, including emergency action, requesting criminal charges be filed against the violator, or any other enforcement action.

(b) After notice is given by the Director of no

more than ten (10) days and no less that one (1) day, the Director may suspend a Grease or Grit Generator's sewer service if he finds that such suspension is necessary to stop an actual or threatened discharge which presents a reasonable risk of danger to the health of any person, the wastewater

collection system or the publicly owned treatment works, The Director may also immediately suspend a Grease or Grit Generator's sewer service, after notice and opportunity to respond, that imminently threatens to interfere with the operation of the publicly owned treatment works, the wastewater collection system, or which presents, or may present, an imminent danger to the health of any person or the environment.

(c) It shall be unlawful for a Grease or Grit Generator who has been notified of a suspension of its sewer service to discharge any waste in violation of a suspension of its sewer service issued by the Director. In the event of a Grease or Grit Generator's failure to immediately comply voluntarily with

the suspension order, the Director may take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the wastewater collection system, the publicly owned treatment works, the health of any person, or the environment. (d) If the Director determines that a Grease or Grit Generator is a Special Generator, that Generator shall be subject to testing by the City or agents thereof as often as required by the Director. Said Special Generator shall further be subject to fees and charges for said additional testing. (e) A Grease or Grit Generator who violates any provision of this ordinance shall upon conviction, be guilty of

a misdemeanor, punishable by a fine of not more than five hundred dollars (500.00) per violation, per day. (f) A Grease or Grit Generator who knowingly makes any false statements,representation, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this division, or who

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falsifies, tampers with, or knowingly renders inaccurate any

monitoring device or method required under this division shall upon conviction, be punishable by a fine or not more than five hundred dollars ($500.00) per violation, per day. (g) The remedies provided for in this division are not exclusive. The Director may take any legally authorized actions against a noncompliant Grease or Grit Generator. 8. CHARGES, SURCHARGES, AND FEES (a) The charges, surcharges, and fees applicable to this ordinance shall be billed and paid monthly in accordance with existing practices for regular sewer service charges.

(b) Failure to pay monthly bills for sanitary sewer services when due or failure to pay an imposed charge, surcharge, or fee for industrial wastewater when due shall be sufficient cause to disconnect any and all services to the water and sanitary sewer mains of the City. The same penalties and charges now or hereafter provided for by ordinance passed by the City Council for failure to pay a bill for water and sanitary sewer service when due shall be applicable in like manner in cases of failure to pay a charge, surcharge, or fee applicable to this ordinance. 9. PENALTY AND FINE

Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined any sum not to exceed five hundred dollars ($500.00) per violation, per day, as provided in Section 6.01, Sub-Section 1-8, inclusive, of the City Code. 10. CONFLICTS All ordinances or parts of ordinances in conflict with this Ordinance are repealed to the extent of such conflict. 11. INVALID PROVISIONS If any provision of this Ordinance, or the application

thereof to any person or circumstances, shall by held invalid or unconstitutional by a Court of competent jurisdiction, such invalidity shall not affect the other provisions, or application, and to this end the provisions of the ordinance are declared to be severable.

12. PUBLISHING OF ORDINANCE

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The City Secretary shall publish the caption of a descriptive

title of this Ordinance one time within ten (10) days after final passage of the Ordinance in a newspaper of general circulation in the City of Ganado.

INDEX CHAPTER 6

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HEALTH & SANITATION

Article 6.100: Garbage Regulations 6-2

6.101 Definitions 6-2

6.102 Requiring Suitable Containers; Weight Limits 6-2

6.103 Disposal of Dead Animals Unlawful 6-3

6.104 Placement of Refuse in Public Ways Prohibited 6-3

6.105 Disturbing Receptacles Prohibited 6-3

6.106 Collection Prohibited; Exceptions 6-3

6.107 Receptacles to be Kept Sanitary 6-3

6.108 Collection Schedule 6-4

6.109 City Council May Contract for Service 6-4

6.110 Garbage Rates 6-4

Article 6.200: Maintenance of Private Premises 6-5

6.201 Accumulation of Water, Unwholesome matter,

Weeds Prohibited 6-6

6.202 Abatement of Nuisance: Assessment of Cost 6-6

6.203 Lien May Be Filed for Nonpayment 6-7

Article 6.300: Food Service Sanitation 6-7

6.301 Rules on Food Service Sanitation Adopted 6.8

6.302 Permits, Licenses or Certificates – General 6-8

6.303 Inspections 6-10

6.304 Examination and Condemnation of Food 6-11

6.305 Review of Plans 6-12

6.306 Procedure When Infection is Suspected 6-12

6.307 Remedies 6-13

Article 6.400: Retail Food Store Sanitation Code Adopted 6-13

6.401 Definitions 6-13

Article 6.500: Leaving Child Unattended in Motor Vehicle 6-13

6.501 Offense 6-14

6.502 Intent 6-14

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CHAPTER 7 Table of Contents

PERSONNEL

Article 7.100: Municipal Court 7- 2

7.101 Creation of Municipal Court 7-2

7.102 Appointment of Judge 7-2

7.103 Oath Requirement 7-2

7.104 Court Clerk 7-2

7.105 Duties of Court Clerk 7-2

7.106 Practices and procedures 7-2

7.107 Cash Bail 7-3

Article 7.200: Building Official 7-3

Article 7.300: Participation in Texas Municipal Retirement System 7- 4

Article 7.400: Agreement to Participate in Social Security 7- 4

Article 7.500: City Attorney 7- 5

Article 7.600: Reserve Officer Program 7- 5

Article 7.700: Salaries 7- 6

Article 7.800: Emergency Management 7- 7

Section 1 Organization 7-7

Section2 Emergency Management Director

Powers and Duties 7-7

Section 3 Emergency Management Plan 7-9

Section 4 Inter-jurisdictional Program 7-9

Section 5 Over-ride 7-9

Section 6 Liability 7-9

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Section 7 Commitment of Funds 7-10

Section 8 Offenses; Penalties 7-10

Section 9 Severability 7-10

Section 10 Limitations 7-10

Section 11 Repealer 7-11

ARTICLE 7.100 MUNICIPAL COURT

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Sec. 7.101: Creation of Municipal Court.

There is hereby created a court in and for the City of Ganado, 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. 7.102: Appointment of Judge.

There is hereby created the office of judge of the municipal court who shall have all 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 commission.

Sec. 7.103: Oath Requirement.

The judge of the municipal court, prior to taking office, shall take the oath of office required by the

State Constitution and state laws. This is the oath required by the state laws for mayors of cities.

Sec. 7.104: Court Clerk.

The city commission shall appoint a court clerk for the city. The city commission may also appoint

such deputy clerks as may be necessary for the efficient operation of the municipal court.

Sec. 7.105: 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.

Sec. 7.106: 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 commission may prescribe such

additional rules of practice and procedures as are not inconsistent with state law.

Sec. 7.107: Cash Bail.

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(A) CASH BAIL

(1) Acceptance and Forfeiture of Bail. The judge of the municipal court is

authorized to receive from any person arrested for a violation of any section

of the city code or any state law over which the municipal court has

jurisdiction, cash bail for the appearance of such person before the municipal

court. If such person voluntarily signs a written agreement in which he

agrees that, in the event of failure to make an appearance by or upon the date

therein named, his bail may be forfeited by the municipal court to the city by

an order or judgment of the court entered upon its minutes, without service

of notice or citation of any kind upon him, and such person shall, in the

same instrument, authorize such officer to plead "Guilty" for him in the

event of his failure to appear on said date, then, said cash bail shall be

applied to the payment of the fine and the costs which may be assessed

against him.

(2) Amount of Bail. The judge of the municipal court so accepting any cash bail

shall fix the same at any amount not less than five dollars ($5.00), which, in

his judgment, shall be deemed to be sufficient to compel the appearance of

such person on the date fixed, provided that no cash bail shall be accepted

unless voluntarily offered by the person charged.

(3) Issuance of Receipt for Payment of Bail. When a cash bail is tendered and

accepted, the judge of the municipal court accepting the same shall issue a

special cash bail receipt therefor to the person tendering such cash bail, a

copy of which is to remain in the cash bail receipt book. When a cash bail is

returned to the person who deposited it, a receipt shall be taken therefor.

(i) The same procedure shall apply whether or not the person who has

deposited money is present and orders such bail to be applied on the

payment of any fine and costs assessed against him. When such

person fails to make his appearance and a guilty plea is entered for

him, the judge shall apply as much of the cash bail as may be

necessary for the satisfaction of such fine and cost, and the balance

shall be returned to the defendant. In the event such cash bail is

forfeited, then the entire sum shall be paid to the proper officer of the

city.

ARTICLE 7.200 BUILDING OFFICIAL

The position of building official is hereby created. The building official shall be responsible for

enforcing the provisions of Chapter 3, Building Regulations of the City Code, and such other

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provisions of the Code of Ordinances for which he has been given specific authority. The building

official may upon approval of the city commission, appoint such other inspectors as may be

necessary to carry out the building regulations and construction codes of the city. Such

appointments may be temporary and applicable to only one inspection or permit when it is deemed

in the best interest of the city to obtain inspectors with special qualifications. The inspectors

authorized to be appointed under the provisions of this section include a plumbing inspector,

mechanical official and electrical inspector. The salary of the building official shall be determined

by the city commission. The building official shall be appointed by the city commission and may

be removed at any time by a majority vote of the city commission. The director of public works

shall serve as building official for the city.

(Provision for inclusion of Article 7.100-7.200 of Chapter 7 provided for in Ordinance adopting

Code)

ARTICLE 7.300 PARTICIPATION IN TEXAS MUNICIPAL

RETIREMENT SYSTEM

The city commission hereby exercises its option and elects to have the city and all employees of all

departments now existing or hereafter established participate in the Texas Municipal Retirement

System.

(Ordinance of October 1, 1968)

EDITOR'S NOTE: Ordinances providing for administration of the Texas Municipal Retirement System have been

saved from repeal, but such ordinances have not been codified herein. Such ordinances are on file in the office of the

City Secretary.

ARTICLE 7.400 AGREEMENT TO PARTICIPATE IN SOCIAL SECURITY

(A) This agreement is entered into by the State Department of Public Welfare and by the

City of Ganado, Texas, hereinafter referred to as the political subdivision, in order to

make Old-Age and Survivors Insurance coverage effective for employees of the

political subdivision.

(B) Both parties agree to undertake the respective liabilities and responsibilities

authorized and provided by H. B. 603, Acts 52nd Legislature, Regular Session, and

by the Federal Social Security Act (as they now are and may from time to time be

amended), and that they are a part of this agreement.

(C) The political subdivision agrees that the provisions of Bulletin 2, Application and

Agreement, (as it now is and may from time to time be amended) promulgated by

the State Department of Public Welfare, are a part of this agreement.

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(D) The political subdivision agrees to cover all employees of the political subdivision,

except. those performing services specifically excluded by law and those performing

services listed below:

(1) Emergency Services Elective Positions

(E) The political subdivision will deposit in the "Social Security Fund" on or before

January 1st each year the amount of priority dedicated revenues sufficient to meet its

estimated obligations under the terms of this agreement.

(F) The effective date of this agreement is January 1, 1951.

(Agreement of May 12, 1952, as amended on August 2, 1966)

ARTICLE 7.500 CITY ATTORNEY

There is hereby created the office of city attorney for the City of Ganado, Texas. The amount of

compensation to the city attorney shall be set from time to time by the City Council. The city

attorney shall be appointed by the City Council and may be removed at any time by a majority vote

of the City Council and the City Council may, by a majority vote, abolish the office of city attorney.

The city attorney shall perform all the duties and shall have all the powers as bestowed upon said

office by the City Council form time to time as such duties and powers may relate to the legal

advice and representation of the City of Ganado in any and all legal matters concerning the City of

Ganado.

(Ordinance No. 103 of June 4, 1980)

ARTICLE 7.600 RESERVE OFFICE PROGRAM

There is hereby established a Reserve Office Program for the City of Ganado, Texas. Said Reserve

Office Program shall be conducted in compliance with all applicable state and federal laws, rules

and regulations regarding the Reserve Office Program. The said Reserve Office Program shall

consist of up to and no more than six (6) reserve officers. Each reserve officer shall meet the

requirements of the State of Texas for a licensed and armed officer with arrest powers. Each

reserve officer shall be appointed by the City Council after the potential appointees are presented to

City Council for review by the Chief of Police.

(Ordinance No. 214 of March 3, 1992)

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ARTICLE 7.700 SALARIES

ARTICLE 7.700 SALARIES FOR MAYOR, COUNCIL MEMBERS, MUNICIPAL JUDGE

AND CITY ATTORNEY

The following salary schedule is adopted to be effective as of May, 1998:

Mayor.........................................$200.00 monthly

Council Member............................$ 35.00 monthly

Municipal Judge.............................$200.00 monthly

City Attorney..............................$300.00 monthly base salary.

Court appearances, litigation, trials, document preparation at a billed hourly rate)

(Ordinance No. 276 of December 9, 1997).

(Council was raised to 35.00 at December 13, 2005 Meeting)

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ARTICLE 7.800 EMERGENCY MANAGEMENT

An Ordinance establishing a program including mitigation, preparedness, response and recovery

phases of comprehensive emergency management; acknowledging the Office of Emergency

Management Director; Authorizing the appointment of an Emergency Management Coordinator;

and providing for the duties and responsibilities of those offices; Identifying an operational

organization; Granting necessary powers to copy with all phases of Emergency Management which

threaten life and property in the City of Ganado; authorizing cooperative and mutual aid agreements

for relief work between this and other cities or counties and for related purposes; prohibiting

unauthorized warning and all-clear signals and making violations a misdemeanor punishable by

fine not to exceed $1,000.00.

Section 1. ORGANIZATION

There exists the office of Emergency Management Director of the City of Ganado which

shall be held by the Mayor in accordance with State Law.

(a) An Emergency Management Coordinator may be appointed by and serve at the

pleasure of the Director;

(b) The Director shall be responsible for a program of comprehensive emergency

management within the City and for carrying out the duties and responsibilities set

forth in this ordinance. He/she may delegate authority for execution of these duties

to the Coordinator, but ultimate responsibility for such execution shall remain with

the Director.

(c) The operational Emergency Management organization of the City of Ganado shall

consist of the officers and employees of the City so designated by the Director in the

emergency management plan, as well as organized volunteer groups. The functions

and duties of this organization shall be distributed among such officers and

employees in accordance with the terms of the emergency management plan.

Section 2. EMERGENCY MANAGEMENT DIRECTOR - POWERS AND DUTIES

The duties and responsibilities of the Emergency Management Director shall include the following:

(a) Conduct an on-going survey of actual or potential hazards which threaten life and

property within the City and an on-going program of identifying and requiring or

recommending the implementation of measures which would tend to prevent the

occurrence or reduce the impact of such hazards if a disaster did occur.

(b) Supervision of the development and approval of an emergency management plan for

the City of Ganado, and shall recommend for adoption by the City Council all

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mutual aid arrangements deemed necessary for the implementation of such plan.

(c) Authority to declare a local state of disaster. The declaration may not be continued

or renewed for a period in excess of 7 days except by or with the consent of the City

Council. Any order or proclamation declaring, continuing, or terminating a local

state of disaster shall be given prompt and general publicity and shall be filed

promptly with the City Secretary.

(d) Issuance of necessary proclamations, regulations, or directives which are necessary

for carrying out the purposes of this ordinance. Such proclamations, regulations, or

directives shall be disseminated promptly by means calculated to bring its contents

the attention of the general public and, unless circumstances attendant on the

disaster prevent or impede, promptly filed with the City Secretary.

(e) Direction and control of the operations of the Ganado Emergency Management

organization as well as the training of Emergency Management personnel.

(f) Determination of all questions of authority and responsibility that may arise within

the Emergency Management organization of the City.

(g) Maintenance of liaison with other municipal, County, District, State, regional or

federal Emergency Management organization.

(h) Marshaling of all necessary personnel, equipment, or supplies from any department

of the City to aid in the carrying out of the provisions of the emergency management

plan.

(i) Supervision of the drafting and execution of mutual aid agreements, in cooperation

with the representatives of the State and of other local political subdivisions of the

State, and the drafting and execution, if deemed desirable, of an agreement with the

county in which said City is located and with other municipalities within the

County, for the County-wide coordination of Emergency Management efforts.

(j) Supervision of, and final authorization for the procurement of all necessary supplies

and equipment, including acceptance of private contributions which may be offered

for the purpose of improving Emergency Management within the city.

(k) Authorizing of agreements, after approval by the City Attorney, for use of private

property for public shelter and other purposes.

(l) Survey of the available of existing personnel, equipment, supplies, and services

which could be used during a disaster, as provided for herein.

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(m) Other requirements as specified in the Texas Disaster Act of 1975, Vernon's Texas

Codes Annotated, Government Code Chapter 418.

Section 3. EMERGENCY MANAGEMENT PLAN

A comprehensive Emergency Management Plan shall be developed and maintained in a current

state. The plan shall set forth the form of the organization; establish and designate divisions and

functions; assign responsibilities, tasks, duties, and powers; and designate officers and employees to

carry out the provisions of this ordinance. As provided by State law, the plan shall follow the

standards and criteria established by the State Division of Emergency Management of the State of

Texas. Insofar as possible, the form of organization, titles, and terminology shall conform to the

recommendations of the State Division of Emergency Management. When approved, it shall be the

duty of all departments and agencies to perform the functions assigned by the plan and to maintain

their portion of the plan in a current state of readiness at all times. The emergency management

plan shall be considered supplementary to this ordinance and have the effect of law during the time

of a disaster.

Section 4. INTERJURISDICTIONAL PROGRAM

The Mayor is hereby authorized to join with the County Judge of the County of Jackson and mayors

of the other cities in said County in the formation of an interjurisdictional emergency management

program for the County of Jackson, and shall have the authority to cooperate in the preparation of

an interjurisdictional emergency management plan, as well as all powers necessary to participate in

a County-wide program of emergency management insofar as said program may affect the City of

Ganado.

Section 5. OVERRIDE

At all times when the orders, rules, and regulations made and promulgated pursuant to this

ordinance shall in effect, they shall supersede and override all existing ordinances, orders, rules, and

regulations insofar as the latter may be inconsistent therewith.

Section 6. LIABILITY

This ordinance is an exercise by the City of its governmental functions for the protection of the

public peace, health and safety and neither the City of Ganado the agents and representatives of said

City, nor any individual, receiver, firm, partnership, corporation, association, or trustee, nor any of

the agents thereof, in good faith carrying out, complying with or attempting to comply with, any

order, rule, or regulation promulgated pursuant to the provisions of this ordinance shall be liable for

any damage sustained to persons as the result of said activity. Any person owning or controlling

real estate or other premises who voluntarily and without compensation grants to the City of

Ganado a license of privilege, or otherwise permits the City to inspect, designate, and use the whole

or any part or parts of such real estate or premises for the purpose of sheltering persons during an

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actual, impending, or practice enemy attack or natural or man-made disaster shall, together with his

successors in interest, if any, not be civilly liable for the death of, or injury to, any person on or

about such real estate or premises under such license, privilege or other permission or for loss of, or

damage to, the property of such persons.

Section 7. COMMITMENT OF FUNDS

No person shall have the right to expend any public funds of the City in carrying out any

Emergency Management activity authorized by this ordinance without prior approval by the City

Council, nor shall any person have any right to bind the City by contract, agreement, or otherwise

without prior and specific approval of the City Council unless during a declared disaster. During a

declared disaster, the Mayor may extend and/or commit public funds of the City when deemed

prudent and necessary for the protection of health, life, or property.

Section. 8 OFFENSES: PENALTIES

(a) It shall be unlawful for any person willfully to obstruct, hinder, or delay any member

of the Emergency Management organization in the enforcement of any rule or

regulation issued pursuant to this ordinance.

(b) It shall likewise be unlawful for any person to wear, carry, or displace any emblem,

insignia, or any other means of identification as a member of the Emergency

Management organization of the City of Ganado, unless authority to do so has been

granted to such person by the proper officials.

(c) An unauthorized person who shall operate a siren or other device so as to simulate a

warning signal, or the termination of a warning, shall be deemed guilty of a

violation of this ordinance and shall be subject to the penalties imposed by this

ordinance.

(d) Convictions for violations of the provisions of this ordinance shall be punishable by

fine not to exceed One Thousand Dollars ($1,000.00).

Section 9. SEVERABILITY

If any portion of this ordinance shall, for any reason, be declared invalid such, invalidity shall not

affect the remaining provisions thereof.

Section 10. LIMITATIONS

This ordinance shall not be construed so as to conflict with any State of Federal statute or with any

military or naval order, rule, or regulation.

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Section 11. REPEALER

All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed.

(Ordinance 279 of the 10th day of February 1998.)

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CHAPTER 8 Table of Contents

SUBDIVISIONS

Article 8.100 Purpose 8-2 Article 8.200 Jurisdiction 8-2 Article 8.300 Definitions 8-3 Article 8.400 Scope 8-9 Article 8.500 Policy 8-9 Sec. 8.501 Approval of Planning Board 8-9 Sec. 8.502 Planning Board Approval for Street Number 8-9 Sec. 8.503 Building Permit for Remodel/Renovation 8-9 Sec. 8.504 Authorization 0f Subdivision or Resubdivision 8-10 Article 8.600 Procedure 8-10 Sec. 8.601 Pre-application Conference 8-10 Sec. 8.602 Preliminary Plat 8-11 Sec. 8.603 Construction and Improvement Plans 8-11 Sec. 8.604 Final Plat 8-12 Article 8.700 Requirements for Preliminary Plat 8-12 Sec. 8.701 Time Limit for Filing and Copies Required 8-12 Sec. 8.702 Preliminary Plat Filing Fee 8-12 Sec. 8.703 Title Opinion 8-13 Sec. 8.704 Certification from Commissioner’s Court 8-13 Sec. 8.705 Formal Application 8-13 Sec. 8.706 Form and Content of Preliminary Plat 8-13 Sec. 8.707 Where the Subdivision is a Unit of a Larger Tract 8-15

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Article 8.800 Requirements for Construction Plans 8-16 Sec. 8.801 Construction Plans and Specifications 8-16 Sec. 8.802 Construction of Review by Others 8-18 Article 8.900 Requirements for Final Plat 8-18 Sec. 8.901 Time for Filing and Required Materials 8-18 Sec. 8.902 Final Plat Filing Fee 8-19 Sec. 8.903 Final Plat Approval 8-19 Sec. 8.904 Form and Content of Final Plat 8-20 Sec. 8.905 Minimum Improvements Required 8-20 Sec. 8.906 Certifications on Final Plat 8-21 Article 8.1000 Requirements for Replat 8-23 Sec. 8.1001 Time Limit for Filings and Copies Required 8-23 Sec. 8.1002 Replat Filing Fees 8-23 Sec. 8.1003 Proof of Ownership 8-23 Sec. 8.1004 Water/Sewer Tap Fees Required 8-24 Sec. 8.1005 Formal Application 8-24 Sec. 8.1006 Form and Content of Replat 8-24 Sec. 8.1007 Subdivision Restricted to Certain Residential Use 8-25 Sec. 8.1008 Approval of Plat 8-25 Sec. 8.1009 Certification on Plat 8-26 Article 8.1100 Design Standards 8-28 Sec. 8.1101 General 8-28 Sec. 8.1102 Lots 8-28 Sec. 8.1103 Streets and Alleys 8-29 Sec. 8.1104 Utility Easements 8-37 Sec. 8.1105 Pedestrian Easements 8-38 Sec. 8.1106 Water System 8-38 Sec. 8.1107 Sanitary Sewer System 8-39 Sec. 8.1108 Storm Sewer System 8-39 Sec. 8.1109 Franchised Utilities 8-40 Sec. 8.1110 Site Grading 8-40 Article 8.1200 Group Housing and Commercial Development 8-40 Sec. 8.1201 General 8-40 Sec. 8.1202 Minimum Design Standards 8-40

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Article 8.1300 Utilization of Board of Code Enforcement 8-45 Sec. 8.1301 Establishment of Board of Code Enforcement 8-46 Sec. 8.1302 Quorum 8-46 Sec. 8.1303 Compensation of Members 8-47 Sec. 8.1304 Duties 8-47 Sec. 8.1305 Organizations and Meetings 8-48 Sec. 8.1306 Records and Reports 8-48

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ARTICLE 8.100 PURPOSE

The subdivision of land is a major factor in the process of sound community growth and ultimately

becomes a public responsibility in that roads and streets must be maintained and various public

services customary to urban areas must be provided. The welfare of the entire community is

thereby affected in many important respects. It is, therefore, to the interest of the public, the

developer, and the future owners that subdivisions be conceived, designed, and developed in

accordance with sound rules and proper minimum standards.

The purpose of this chapter is to establish procedures and standards for the development layout and

design of subdivisions within the corporate limits of the City of Ganado, Texas and within the

extraterritorial jurisdiction of the city as prescribed by State law. This chapter is intended to:

A. Guide, assist, and expedite developers in correct procedures to be followed, and to

inform them of the general standards which shall be required.

B. Protect the public interest by controlling the location, design, class, and type of

streets, sidewalks, utilities, and general services required.

C. Provide for public welfare and the essential areas required for educational,

recreational, industrial, and commercial purposes.

The city planning board, before approving any plats submitted to it, shall refer such plats to the

departments, agencies, and utilities herein named for their suggestions and comments by written

report.

(Ordinance No. 222, Section I, of March 2, 1993)

ARTICLE 8.200 JURISDICTION

From and after the date of its adoption, this chapter shall govern all subdivisions of land within the

corporate limits of the City of Ganado and within the extraterritorial jurisdiction of the City of

Ganado as prescribed by state statute.

(Ordinance No. 222, Section II, of March 2, 1993)

ARTICLE 8.300 DEFINITIONS

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For the purpose of interpreting this chapter, certain terms, phrases and words used herein shall have

the meaning hereinafter ascribed to them as follows:

(1) Alley. A permanent public serviceway, dedicated for or in public use, other than a

street, place, road crosswalk, or easement, designed to provide a secondary means of

access for special accommodation to the back side of abutting properties and not

intended for general traffic circulation.

(2) Barrier (Natural or Artificial). Any street, highway, river, pond, canal, railroad,

levee, embankment, berm, stream, drainage ditch, or screening by fence or hedge.

(3) Benchmark. A definite point of known elevation and location and of more or less

permanent character.

(4) Block. A unit of property entirely surrounded by public highways, streets, railroad

rights-of-way, waterways, public parks, cemeteries, corporate boundary lines, or

other barriers (except alleys, crosswalks, or exterior boundaries of a subdivision,

unless such boundary is a street or highway), or any combination thereof.

(5) Building Setback Line. The line on a plat delineating the nearest point to which

buildings may be located to the property line.

(6) City. The City of Ganado, Jackson County, Texas.

(7) City Engineer. The City Engineer/Public Works Director for the City of Ganado.

(8) Commercial Development. Development of property by construction of a building

in one of the following occupancy classifications:

(i) Assembly. Business (5000 s.f. or more in area)

(ii) Educational

(iii) Factory/Industrial

(iv) Hazardous

(v) Institutional

(vi) Mercantile (5000 s.f. or more in area)

(vii) Storage (5000 s.f. or more in area)

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(9) Common Land. That land set aside for open space or recreational use for the owners

of the residential lots in a subdivision, which land is conveyed by the developer in

fee simple absolute title by warranty deed to trustees whose trust indenture will

provide that said common land be used for the sole benefit use and enjoyment of the

lot owners present and future. No lot owner shall have the right to convey his

interest in the common land except as incident to the ownership of a regularly

platted lot.

(10) Council/City Council. The City Council of the City of Ganado, Texas.

(11) Cul-De-Sac. A short, local street having one end open to traffic and the other end

permanently terminated by a vehicular turn-around.

(12) Dead-End Street. A street having one end open to traffic and the other end closed.

(13) Design. The arrangement of land for easement, lots and right-of-way, including

materials, improvements, alignment, grade and width of these elements.

(14) Drainage Channel. A natural watercourse or man-made indenture for the drainage

of surface water.

(15) Drainage Right-of-Way/Easement. The land required for the installation and

maintenance of storm sewers or drainage ditches, or required areas along the natural

stream or watercourse for preserving the channel and providing for the flow of water

therein to safeguard the public against flood damage.

(16) Easement. A grant by the property owner for the use (for specific purposes) of a

strip of land by the general public, utility companies, or private individuals.

(17) Engineer. A person who is duly licensed and registered by the Texas State Board of

Registration for Professional Engineers to engage in the practice of engineering in

the State of Texas.

(18) Floodplain. Any land area susceptible to being inundated by water from any source.

(19) Grade. The slope of a road, street, or sewer specified in percent and shown on road,

street, or sewer profiles as required herein.

(20) Group Housing Development. Includes multi-family dwellings, apartment

complexes, cluster and patio developments, hotels, motels, townhouses, townhouse

groups, and condominium types which allow variations from these regulations.

(21) Hotel/Motel. A building containing two (2) or more lodging units occupied on a

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rental or lease basis for sleeping purposes by guests. The term "hotel" shall be used

interchangeably with the term "motel."

(22) Improvements. The totality of grading, crosswalks, culverts, bridges, sanitary and

storm sewers, drainage structures, water mains, street surfaces, and/or pavements,

streets and road signs, street lights, curbs and gutters, sewage treatment facilities,

pedestrian ways, gas mains, monuments, electric utilities, and all other

improvements required to render land suitable for the proposed use.

(23) Improvement Plans. The engineering plans, prepared by a registered professional

engineer, containing all profiles, specifications, construction details, and types of

materials for all improvements, excluding dwelling units, to be installed for the

development of a subdivision.

(24) Lot. An undivided tract or parcel of land having frontage on a public street and

which is or in the future may be offered for sale, conveyance, transfer or

improvement as a building site; which is designated as a distinct and separate tract.

(25) Lot Area. The total horizontal area within the boundaries of a lot exclusive of any

land designated for right-of-way for street or roadway purposes.

(26) Lot, Corner. A lot abutting upon two (2) or more streets or road rights-of-way at

their intersection.

(27) Lot Depth. The horizontal distance between the front and rear lot lines, measured

along the median between the two (2) side lot lines.

(28) Lot, Double Frontage. A lot which runs through a block from street to street and

which has two (2) nonintersecting sides abutting on two (2) or more streets.

(29) Lot Lines. The boundaries of a lot.

(30) Lot Width. The horizontal distance between the side lot lines measured at right

angles to the lot depth at a point midway between the front and rear lot lines.

(31) May. Allowable.

(32) Monument. An object set in the ground to make the boundaries of real estate or to

mark a survey station.

(33) Multi-family Dwelling. Any dwelling on a single parcel of property that serves as

the residence for two (2) or more families. This shall include duplexes, triplexes,

fourplexes, apartment buildings, condominiums, hotels and motels.

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(34) Non-residential Subdivision. Either or both of (1) a division or re-division of a tract

into more than one (1) lot, plat, or site for commercial or industrial purposes, and (2)

the dedication or establishment of a street or improvement in conjunction with or for

use in a tract for commercial or industrial purposes.

(35) Official Submission Date. The date when a subdivision plan shall be considered

submitted to the planning board, and is hereby defined to be the date of the meeting

of the planning board at which all required surveys, plans, plats, and data are

submitted.

(36) Off-Street Parking. A parking area, situated entirely within the boundary lines of a

lot, which is accessible only by use of entrance/exit driveways.

(37) Open Space, Public. Land which may be dedicated or reserved for acquisition for

general use by the public, including parks, recreational area, school sites,

community or public building sites, open or "green space" areas, and other such

areas that shall be deemed necessary by the planning board.

(38) Patio Home. A dwelling unit that does not have party walls, but has one (1) or more

walls built on the side property line and does not have windows, doors, or other

openings in these walls.

(39) Pavement. An all-weather, dust-free asphaltic seal on appropriate base, asphaltic

concrete, or concrete surface.

(40) Pedestrian Way. An easement or right-of-way dedicated to public use to facilitate

pedestrian access to adjacent streets, roadways, and properties.

(41) Person. Any individual, corporation, firm, partnership, association, estate,

organization, or any group acting as a unit.

(42) Board of Code Enforcement. The duly appointed Board of Code Enforcement of

the City of Ganado.

(43) Plat, Final. The final plat, prepared by a registered public surveyor, showing

complete bearings and dimensions of all lines defining lots and blocks,

rights-of-way for all streets, alleys, roadways, and easements, public areas, and other

segments of land as may be required for the development of a subdivision.

(44) Plat, Preliminary. A map or plan, prepared by a registered public surveyor, of a

proposed land subdivision showing the character and layout of the tract in sufficient

detail to indicate clearly the proposed use and suitability of the tract in accordance

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with the requirements stated herein.

(45) Replat/Resubdivision. The subdivision of an existing six (6) or less adjacent lots in

a subdivision which has been duly approved and recorded in accordance with this

chapter into a new lot or lots.

(46) Right-of-Way. The land opened, reserved, or dedicated for a street or roadway,

sidewalk, drainage area, railroad, or other public purpose.

(47) Rural Subdivision. Any proposed subdivision outside of the city limits, but within

the extraterritorial jurisdiction of the city as prescribed by State law, but more than

one-fourth mile (1,320 feet), as measured along existing rights-of-way, from

available and adequate city water and wastewater facilities, as determined by the city

engineer.

(48) Shall. Mandatory.

(49) Street. A right-of-way, other than an alley, dedicated or otherwise legally

established for public or private use, with a surface, usually affording the principal

means of access to abutting property. A street is intended primarily as a means of

vehicular travel. The street right-of-way may provide space for public facilities such

as sanitary and storm sewers, water, gas, and electric lines, sidewalks, and drainage

ways. A street may be designated as a highway, thoroughfare, road, thruway, pike,

avenue, boulevard, place, land, drive, court, or circle. For the purposes of this

chapter, streets shall be classified as follows:

(i) Arterial. This type of street serves the major traffic movement entering or

leaving an area. Its principal function is to move traffic and, in cases of high

traffic volumes, may require limited access or controlled points of access.

These streets are normally characterized by traffic controls and parking

restrictions.

(ii) Collector. Streets which provide for the traffic movements between arterials

and local streets, and provide direct access to abutting property.

(iii) Local. The sole function of a local street is to provide access to immediately

adjacent property. A cul-de-sac is classified as a local street.

(iv) Marginal Access Street/Service Road. A local street parallel and adjacent to

arterials, railroad right-of-ways, barriers, and which provides access to

abutting properties.

(50) Subdivider/Developer. Subdivider and/or Developer are synonymous and are used

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interchangeably. Their meaning shall be understood to be any person or agent

thereof, dividing or proposing to divide land so as to constitute a subdivision as that

term is defined herein. The meanings shall be restricted to include only the owner,

equitable owner or authorized agent of such owner or equitable owner, of the land

sought to be subdivided.

(51) Subdivision. The division of a tract of land which cannot be defined as a minor

subdivision, into any number of lots, tracts, sites, parcels, or areas of any size which

includes any improvements as defined herein. The term "subdivision" shall also

include all redivisions of land or lots.

(52) Subdivision, Minor. The division of land into not more than four (4) lots, tracts,

sites, parcels, or areas on an existing city, state, or federal highway or road dedicated

or deeded to the public prior to the adoption of this section, provided that the

proposed subdivision of land:

(i) Does not include any new streets, easements, rights-of-way, utility mains,

etc.

(ii) Conveys any right-of-way necessary for road widening and maintenance of

city roads, where the granting of such right-of-way can be given without due

hardship.

(53) Surveyor. A person who is duly licensed and registered by the State of Texas as a

State Land Surveyor or a Registered Public Surveyor to engage in the practice of

surveying in the State of Texas.

(54) Townhouse. A dwelling unit structure having a party wall with one (1) or more

adjoining dwelling unit structures, with each dwelling unit structure being

constructed on a separate lot and suitable for individual ownership.

(55) Townhouse Group. Two (2) or more contiguous townhouses connected by party

walls.

(56) Tract. An area or parcel of land which the developer intends to subdivide and

improve, or to 'cause to be subdivided and improved, pursuant to the requirements

of this chapter.

(Ordinance No. 222, Section III, of March 2, 1993)

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ARTICLE 8.400 SCOPE

This chapter shall not apply to any lot forming a part of a subdivision created and recorded prior to

the effective date of this chapter; however, this chapter shall apply to any resubdivision of an

existing subdivision, or lot, including thereunder all land within the corporate limits of the City of

Ganado or within the extraterritorial jurisdiction of the city as is prescribed by state statute. It is not

intended by this chapter in any way to impair or interfere with private restrictions placed upon

property by deeds, covenants or other private agreements, or with restrictive covenants running with

the land to which the city is a party. Where this chapter imposes a greater restriction upon land than

is imposed or is required by such existing provision of law, contract, or deed, the provisions of this

chapter shall control.

(Ordinance No. 222, Section IV, of March 2, 1993)

ARTICLE 8.500 POLICY

Sec. 8.501: Approval of Planning Board.

It shall be unlawful for any owner or agent of any owner of land to lay out, subdivide, plat or replat

any land into lots, blocks, and streets within the jurisdictional area of this chapter without the proper

approval of the Board of Code Enforcement. It shall be unlawful for any such owner or agent to

offer for sale or sell property for building lots, building tracts, or urban use therein, which has not

been laid out, subdivided, plated, or re-platted with the approval of the planning board in

accordance with this chapter.

Sec. 8.502: Planning Board Approval for Street Number.

Neither a street number nor a building permit shall be issued for the erection of any new building on

any piece of property, within the jurisdictional area of this chapter, that has not been established in a

duly approved and recorded subdivision, in accordance with this chapter, without the written

approval of the Board of Code Enforcement. Such Board of Code Enforcement approval may be

given to a developer/builder who wishes to start construction on the lots while construction of the

subdivision improvements is taking place.

Sec. 8.503: Building Permit for Remodel/Renovation.

A building permit for the remodel/renovation of an existing building in an amount equal to or

greater than thirty (30) percent of the existing building's tax appraised value, shall not be issued

without the written approval of the Board of Code Enforcement, unless the building is situated on a

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piece of property that has been established in a duly approved and recorded subdivision, in

accordance with this chapter.

Sec. 8.504: Authorization of Subdivision or Resubdivision.

The attention of each subdivider is directed to Article 6626 of the Revised Civil Statutes of the

State of Texas and amendments, which state, in part: "That in cases of a subdivision or

resubdivision of real property, no map, plat of any such subdivision or resubdivision shall be filed

or recorded unless and until the same has been authorized by the Commissioners Court of the

County in which the real estate is situated, except in cases of the partition or other subdivision

through a Court of Record; provided that where the real estate is situated within the specified

extraterritorial jurisdiction of the corporate limits of any incorporated city or town, the governing

body thereof or the city planning commission, as the case may be, as provided in Article 974a,

Vernon's Texas Civil Statutes, shall perform the duties hereinabove imposed upon the

Commissioners Court."

(Ordinance No. 222, Section V, of March 2, 1993)

ARTICLE 8.600 PROCEDURE

Sec. 8.601: Preapplication Conference.

Not less than twenty (20) days prior to the official filing of a preliminary plat with the City

Secretary, the subdivider, or his authorized representative, shall meet with the city Public Works

Director or the engineer representing the city to:

(A) Ascertain the location of proposed highways, primary of secondary thoroughfares,

collector streets, parkways, parks, playgrounds, school sites, and other community

facilities or planned developments.

(B) To acquaint themselves with the city's requirements.

(C) To determine the general features of the subdivision, its layout, facilities and

required improvements necessary for proper preparation of the preliminary plat in

accordance with this chapter. This requirement shall not be mandatory for minor

subdivisions.

The sub-divider may, at his option, schedule a pre-application conference with the planning board

also, before proceeding with the work necessary for the official filing of the preliminary plat for

approval.

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Sec. 8.602: Preliminary Plat.

The sub-divider will cause a preliminary plat to be prepared by a licensed engineer and/or surveyor

in accordance with Section 7 of this chapter. The words "Preliminary Plat-Not for Record" shall

appear on the plat in letters one-half (1/2) inch high. In the case of a minor subdivision, the

planning board may waive certain requirements as outlined herein for the submission of preliminary

and final plats and plans. If the preliminary plat of a minor subdivision also satisfies the additional

requirements for a final plat listed in Section 9, then the Board of Code Enforcement will consider

the plat as the final plat if approved, and only the preliminary plat filing fee will be charged.

(A) A preliminary plat must be approved prior to the offering for sale of any lot, tract, or

building site; prior to any construction work; and before any map of said subdivision

is prepared in form for recording. Any plat filed for the first time shall be

considered as a preliminary plat, except as otherwise stated herein.

(B) The preliminary plat shall be checked by the Board of Code Enforcement as to its

conformity to the plats' compliance with the standards, requirements, and principles

hereinafter prescribed. Prior to giving approval the Board of Code Enforcement

shall cause said preliminary plat to be checked by appropriate parties to ascertain

compliance with all applicable additional requirements for municipal, county, state,

and federal departments and agencies concerned with applicable regulations of

public utility companies.

(C) Approval of a preliminary plat shall be effective for one (1) year. At the end of the

one (1) year period, if the construction of the improvements has not started, the plat

will be considered to have been vacated. Upon written application, the preliminary

plat may be extended an additional six (6) months by the Board of Code

Enforcement, provided no adjacent development has occurred or any additional

information has been found that would affect the proposed subdivision as originally

approved.

Sec. 8.603: Construction and Improvement Plans.

Following approval of the preliminary plat by the Board of Code Enforcement, the subdivider shall

cause construction and improvement plans and specifications to be prepared by a licensed engineer

in accordance with the applicable section of this chapter. Upon completion, the subdivider shall

submit the completed plans and specifications to the city for review. Once the subdivider and city

have mutually agreed upon any problems discovered during the review, the final plans and

specifications shall be submitted to the Board of Code Enforcement for approval. Upon such

approval by the Board of Code Enforcement, the subdivider shall:

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(A) Install the minimum improvements, or

(B) Provide for an assessment guaranteeing such installations, in accordance with this

chapter.

Sec. 8.604: Final Plat.

A final plat must be approved prior to the sale of any lot, tract, or building site.

(A) Upon the City Engineer's approval of the improvements installed, the final plat shall

be prepared and submitted to the Board of Code Enforcement and the City Council

in accordance with the provisions of Article 8.900 herein. In cases where no change

has been made from the preliminary plat and construction drawings, as determined

by the City Engineer, it shall not be necessary for the Board of Code Enforcement to

pass upon such final plat before the same is presented to the City Council for its

approval.

(Ordinance No. 222, Section VI, of March 2, 1993)

ARTICLE 8.700 REQUIREMENTS FOR PRELIMINARY PLAT

Sec. 8.701: Time Limit for Filing and Copies Required.

The subdivider shall file four (4) copies of the preliminary plat along with the required filing fee,

title opinion, and county certification (if applicable) with the City Secretary at least fourteen (14)

days (seven (7) days for minor subdivisions) prior to the date on which the planning board will

meet to consider the formal application for approval of the preliminary plat.

Sec. 8.702: Preliminary Plat Filing Fee.

The filing fee for each preliminary plat shall be as follows:

(A) Lots and Blocks: $25.00 plus $1.00 per lot.

(B) Other acreage such as multiple dwelling areas and commercial or industrial areas:

$50.00 plus $2 .00/acre.

(C) Minor Subdivisions: $15.00

(D) A certificate of preliminary plat filing shall be made by the City Secretary in

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duplicate upon the receipt of the filing fee as calculated by the Director of Public

Works. Such certification shall be recorded in the minutes of the Board of Code

Enforcement at its next regular meeting. No action by the Board of Code

Enforcemant shall be valid until the filing fee has been paid. This fee shall not be

refunded should the subdivider fail to make a formal application for preliminary plat

approval or should the preliminary plat be disapproved.

Sec. 8.703: Title Opinion.

The sub-divider shall submit a title opinion prepared by an attorney-at-law, licensed to practice in

the State of Texas, who finds the fee simple title to the surface estate of the property described on

the preliminary plat to be vested in the sub-divider or his principals.

Sec. 8.704: Certification from Commissioner's Court.

The sub-divider who is requesting approval of a preliminary plat which lies outside the city limits,

but within the jurisdictional area of this chapter is required to submit a certification from the

Jackson County Commissioners Court stating that the Court has reviewed and approved the plat.

The Board of Code Enforcement cannot approve such a preliminary plat until this certification is

submitted.

Sec. 8.705: Formal Application.

A formal application for preliminary plat approval shall be made by the subdivider or his duly

authorized representative by appearing before the Board of Code Enforcement at an official

meeting.

Sec. 8.706: Form and Content of Preliminary Plat.

The Board of Code Enforcement shall determine whether a preliminary plat is in suitable form for

review and shall not receive or consider such plat until and unless it is submitted in accordance with

or is accompanied by the following:

(A) A preliminary outline of any deed restrictions and covenants that will be placed

upon the subdivision.

(B) A field note description of the boundary survey of the subdivision prepared and

certified by a licensed surveyor.

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(C) A vicinity map at a scale no greater than four hundred (400) feet to the inch for all

subdivisions exceeding five (5) acres in size. Such map shall show the location and

dimension of all existing area subdivisions, streets, utility mains, easements,

rights-of-way, property lines, and names of the owners of adjoining parcels of land.

It shall depict the general drainage plan consistent with the city's master drainage

plan. (This vicinity map requirement may be waived by the Board of Code

Enforcement for a minor subdivision.)

(D) The subdivision plat, vicinity map, and any other drawings shall be prepared on

twenty (20) inch wide and twenty-six (26) inch long sheets with a three (3) inch

binding margin on the left side and one (1) inch margins on the other three (3) sides.

(E) The horizontal scale of the subdivision plat shall be no greater than two hundred

(200) feet to the inch. When more than one (1) sheet is necessary to accommodate

the entire area, an index sheet showing the entire subdivision at a smaller scale shall

be attached to the plat.

(F) The plat shall show the following:

(i) Name and address of the subdivider, project engineer, and surveyor;

(ii) Proposed name of the subdivision, which shall not have the same spelling as

or be pronounced similar to the name of any other subdivision located

within the City of Ganado or within five (5) miles of the city;

(iii) Subdivision boundary indicated by heavy lines and the computed acreage of

the subdivision;

(iv) Metes and bounds description of the subdivision indicating primary control

points and ties to such control points;

(v) Date of preparation, scale, and north arrow;

(vi) The location, dimension, description, and name of all proposed, existing,

and recorded streets, alleys, water courses, drainage structures, parks, other

public areas, reservations, easements, rights-of-way, blocks, lots, and other

sites within the subdivision or contiguous with the subdivision;

(vii) Proposed general layout of all utility mains including water, sanitary and

storm sewers, electricity, gas, cable, and telephone;

(viii) Topographical contour lines at two (2) vertical feet intervals; (the planning

board may waive this requirement in the case of a minor subdivision);

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(ix) A number or letter to identify each lot, tract, parcel, and block;

(x) Front building setback lines on each lot including side yard building setback

lines at street intersections;

(xi) Designations showing the proposed uses of the land within the subdivision,

i.e., the type of residential use, location or commercial or industrial sites,

sites for churches, schools, parks, etc.;

(xii) Location of the city limits line of the city's extraterritorial jurisdiction line

should either or both of these lines traverse, form a part of the boundary to,

or are contiguous to the subdivision;

(xiii) Surveyor's professional seal and signature certifying the accuracy of the

subdivision survey and plat.

(xiv) If the developer intends to subdivide any portion of the parcel into a multiple

dwelling unit subdivision, then the preliminary plat shall, in addition,

include the following information:

(1) Gross area of tract;

(2) Area in street;

(3) Net area of tract;

(4) Max. number of living units;

(5) Area of parking and parking ratio;

(6) Distance between structures;

(7) Location of entrance/exit drives.

Sec. 8.707: Where the Subdivision is a Unit of a Larger Tract.

Where the proposed subdivision constitutes a unit of a larger tract owned by the sub-divider, which

is intended to be subsequently subdivided as additional units of the same subdivision, the

preliminary plat shall be accompanied by a layout of the entire area, showing the tentative proposed

layout of streets, blocks, drainage, water, sewerage, and other improvements for such areas. The

overall layout, if approved by the Board of Code Enforcement, shall be attached to and filed with a

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copy of the approved subdivision plat in the permanent files of the Board of Code Enforcement.

Thereafter, plats of subsequent units of such subdivision shall conform to such approved overall

layout, except unless changes by the Board of Code Enforcement where the sub-divider agrees to

such change. The Board of Code Enforcement may change such approved overall layout only when

the board finds:

(A) That adherence to the previously approved overall layout will hinder the orderly

subdivision of other land in the area in accordance with the provisions of this

chapter; or

(B) That adherence to the previously approved overall layout will be detrimental to the

public health, safety, or welfare, or will be injurious to other property in the area.

(Ordinance No. 222, Section VII, of March 2, 1993)

ARTICLE 8.800 REQUIREMENTS FOR CONSTRUCTION PLANS

Sec. 8.801: Construction Plans and Specification.

One (1) set of construction plans and specification shall be submitted to the city for review. After

no more than ten (10) days of review, a meeting shall be scheduled within the next ten (10) days by

the city with the developer's engineer to discuss and make corrections. The construction plans,

drawn on sheets twenty-four (24) inches by thirty-six (36) inches to a scale of 1" = 100' (except as

approved by the city), shall contain the following:

A. SUBDIVISIONS

(1) Contour Maps: A topographical contour map with contour lines at one-half

(0.5) vertical feet intervals extending one hundred (100) feet beyond the

property limits of the tract, and based on U.S.G.S. vertical datum.

(2) Water System: A plan of the proposed water system which shows the

estimated peak demand flows, and the sizes and types of all lines, fittings,

and valve boxes. It shall also show the location of all fire hydrants with an

indicated elevation of the top of the proposed curb at its location.

(3) Sanitary Sewer System: A plan of the proposed sanitary sewer system

which shows the estimated peak flows and indicating the sizes, types and

invert and flow line grades of all lines and their locations within the system.

It shall also show the location and sizes of the existing mains to which the

system will be connected and the location and invert and flow line elevations

of all manholes and cleanouts.

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(4) Storm Sewer System: Refer to the City of Ganado storm drainage design

guidelines.

(5) Streets: A plan for the proposed streets showing the right-of-way width of

all streets and their center line grades and distances, with the elevations

indicated at all center line intersections and grade breaks. The plan shall

also show the location of all curbs, gutters, sidewalks, and driveways as

proposed. It shall also show the address of each lot as obtained from the

office of the City Engineer.

(6) Franchised Utilities and Street Lighting: A plan for the proposed franchised

utilities and street lighting, showing the sizes and location of all street lights

and proposed electric, gas, telephone, and cable lines, as applicable. An

easement cross-section shall be shown indicating the exact position of each

utility in any proposed easement (including water, sewer, and storm sewer)

(7) Detail Plans: The detail plan sheet shall be a composite of all details which

concern the above set of construction plans, such as: detail of the proposed

catch basins, manholes, cleanouts, sewer and water house connections, street

cross-sections, curb and gutter, fire hydrant locations and footing

construction, concrete junction boxes, headwalls or any other details

necessary to show intent of construction.

(8) Plan-Profile Sheets: The plan-profile sheets shall be drawn to a horizontal

scale of 1" = 20' or 1" -5', (except as otherwise approved by the City

Engineer), and shall show the finished plan of the proposed utilities and

street construction. They shall also indicate the existing profile of the

natural ground along with the proposed profiles on the center line of all

streets, flow lines, sanitary sewers, and water lines.

(9) All construction plans shall indicate a north arrow, scale, or scales, date, and

shall bear the signature and seal of a licensed engineer registered in the State

of Texas.

(10) The construction plan submission shall include an estimate and quantity

sheet indicating quantities for sheets, drainage, and utility construction along

with structural appurtenances to be dedicated to the public as part of the

proposed subdivision.

Sec. 8.802: Certification of Review by Others.

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The developer is required to submit a copy or the construction drawings to each of the entities listed

below. The developer shall allow a two (2) week period for these entities to review the plans and

comment. A certification signed by each entity stating that the construction drawings have been

reviewed by their staff and stating any comments shall be submitted to the planning board prior to

approval of the construction drawings. Should any entity to respond within the two (2) week

period, a written statement signed by the developer certifying that the plans were submitted to

(name of individual) with (name of organization) on (date of submittal), shall suffice.

T.V. Cable Co.

Electric Power Co.

Gas Utility Co.

Telephone Co.

(Ordinance No. 222, Section VIII, of March 2, 1993)

ARTICLE 8.900 REQUIREMENTS FOR FINAL PLAT

Sec. 8.901: Time Limit for Filing and Required Materials.

For final plat approval the sub-divider shall file the following with the City Secretary at least seven

(7) days prior to the date on which the Board of Code Enforcement will meet to consider the final

plat approval:

(A) Two (2) mylar copies of the final plat along with four (4) blue/black-line copies.

(B) The filing fee as required below.

(C) Three (3) certified copies, of the "As Built" improvement plans certified by a

professional engineer registered in the State of Texas.

(D) A certificate, signed by the sub-divider's registered engineer, that all improvements

constructed in the subdivision have been completed in accordance with the

approved construction plans and specifications, in the following form:

(See next page)

"I (we) __________, an individual or firm offering professional engineering services

to the public, have been designated by the owner(s) to design and prepare plans and

specifications for the physical improvements to the subdivision known as

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__________________ located in the City of Ganado, Texas, or its extraterritorial

jurisdiction.

The undersigned certifies that such person has reviewed the as-built drawings,

reports of test results and inspections, the accompanying engineering documents and

certifications. Engineering computations have been made to adjust and/or confirm

the capabilities of the as-built drainage system and the adequacy of the physical

improvements to assure that the minimum requirements of the applicable city

ordinances have been achieved.

The undersigned further recommends that the subdivision known as

________________________________ be approved and accepted by the City of

Ganado, Texas.

Firm Name Signature of Engineer

Business Address Texas Registration No.

Date City, State, Zip

(SEAL)

(E) A maintenance bond executed by a surety company holding a license to do business

in the State of Texas, and approved as to form and legality by the city attorney, in an

amount equal to one hundred ten (110) percent of the cost of the improvements,

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conditioned that the sub-divider will maintain such improvements in good condition

for a period of one (1) year after approval of the final plat by the City Council.

Sec. 8.902: Final Plat Filing Fee.

The filing fee for each final plat shall be twenty-five dollars ($25.00) per plat plus one dollar

($1.00) per lot or two dollars ($2.00) per acres for commercial or industrial areas not subdivided

into lots. A certificate of final plat filing shall be made by the City Secretary in duplicate upon the

receipt of the filing fee. Such certification shall be recorded in the minutes of the Board of Code

Enforcement regular meeting. The final plat shall not be approved until the filing fee has been paid.

Sec. 8.903: Final Plat Approval.

Once the final plat has been approved by the City Council, the City Secretary shall complete the

City Secretary's certification on the two (2) mylar copies. These positives shall be returned to the

sub-divider who shall, within fifteen days (15) days, file the final plat with the County Clerk. The

County Clerk shall complete the County Clerk's certification on both positives, retain one (1) for

county records and return one (1) to the sub-divider who shall return it to the City Secretary for the

city records. Should the sub-divider fail to comply with this section, the approval of such final plat

shall be null and void.

Sec. 8.904: Form and Content of Final Plat.

In addition to all of the standard requirements for a preliminary plat as indicated in Article 8.700 of

this chapter, the requirements contained below will also be included as part of the final plat unless

specifically waived by the City Council.

(A) A certified copy of any deed restrictions and covenants that will be placed upon the

subdivision. Reference to such deed restrictions shall be made on the plat.

(B) The certifications (typewritten on the plat and in the form shown elsewhere herein.

(C) In addition to the requirements cited in Section 8.706(F) the plat shall show:

(1) Accurate dimensions, bearing angles, and curve date including intersection

angle, radius, tangent, length of curve, and chord distance.

(2) The street address of each lot as determined by the Department of Public

Works.

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(3) The location and description of all survey monuments. Concrete

monuments shall be required, at a minimum, at each boundary corner of the

subdivision tract of land.

Sec. 8.905: Minimum Improvements Required.

The following improvements must be installed and accepted by City Council prior to the planning

board authorizing issuance of a building permit to a developer/builder:

(A) The water system;

(B) The sanitary sewer system;

(C) The underground storm sewer and any open channels (other than curb and gutters).

Sec. 8.906: Certifications on Final Plat.

(A) Owner's Certification:

(See next page

STATE OF TEXAS

COUNTY OF ________________________

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I (we), the undersigned, owner(s) of the land shown on this plat, and designated

herein as the _________________ Subdivision to the City of Ganado, Texas, and

whose name is subscribed hereto, hereby dedicated to the use of the public forever

all streets, alleys, parks, watercourses, drains, easements, and public places thereon

shown for the purpose and consideration therein expressed.

Owner(s)___________________________

STATE OF TEXAS

COUNTY OF ______________________

Before me, the undersigned authority, on this day personally appeared

_____________ known to me to be the person whose name is subscribed to the

foregoing instrument, and acknowledged to me that such person executed the same

for the purposes and considerations therein stated.

Given under my hand and seal of office this the day of ____________ , 19 .

Notary Public, State of

My commission expires:

(B) Surveyor's Certification:

(See next page)

STATE OF TEXAS

COUNTY OF ___________________

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I, ___________________, a Registered Public Surveyor in the State of Texas, do

hereby certify that I prepared this plat from an actual and accurate survey of the land

and that the corner monuments shown thereon were placed under my personal

supervision, in accordance with the subdivision regulations of the City of Ganado,

Texas.

Surveyor's Name

Registered Public Surveyor No.____

Date: / /

(SEAL)

(C) Engineer's Certification:

STATE OF TEXAS

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COUNTY OF _______________________

I, ___________________, a Registered Professional Engineer in the State of Texas,

do hereby certify that proper engineering consideration has been given this plat.

Engineer's Name

Texas Registration No

Date: / /

(SEAL)

(D) City Secretary's Certification:

STATE OF TEXAS

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COUNTY OF JACKSON

I, , City Secretary of the City of Ganado, an incorporated City in Jackson

County, Texas, do hereby certify that the foregoing plat was approved by the City

Council of said City as approved by law, and that the resolution appears of record in

Volume ____ , Page ___ of the Minutes of the City Council of Ganado as kept in

my office.

WITNESS MY HAND AND SEAL OF THE CITY OF GANADO, TEXAS, on

this ___ day of __________ , 19 .

City Secretary

City of Ganado

Jackson County, State of Texas

(E) County Clerk's Certification:

STATE OF TEXAS

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COUNTY OF JACKSON

I, ____________________________, Clerk of County Court and County Clerk of

Jackson County, Texas, do hereby certify that the foregoing plat of

________________ in the City of Ganado, Jackson County, Texas, duly

authenticated by certification of the City of Ganado, Texas, attached hereto, as filed

for record in my office on the ____ day of ___________________ 19 , _____

o'clock ___ m., and was duly recorded on the _____ day of __________ 19 , in

Volume , Page ____ of the Jackson County Deed Records.

County Clerk

County of Jackson

State of Texas

Seal

(Ordinance No. 222, Section IX, of March 2, 1993)

ARTICLE 8.1000 REQUIREMENTS FOR REPLAT

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Sec. 8.1001: Time Limit for Filing and Copies Required.

The sub-divider shall file ten (10) blue/black line copies of the required plats, along with proof of

ownership with the City Secretary at least seven (7) days prior to the date on which the Board of

Code Enforcement will meet to consider the formal application for approval of the re-plat.

Sec. 8.1002: Replat Filing Fees.

The filing fee for each replat shall be fifteen dollars ($15.00). A certificate of re-plat filing shall be

made by the City Secretary in duplicate upon receipt of the filing fee. Such certification shall be

recorded in the minutes of the Board of Code Enforcement at its next regular meeting. No action

by the Board of Code Enforcement shall be valid until the filing fee has been paid. This fee shall

not be refunded should the sub-divider fail to make a formal application for re-plat approval or

should the re-plat be disapproved.

Sec. 8.1003: Proof of Ownership.

The sub-divider shall submit a certified copy of the deed showing that he owns the property being

proposed for re-plat, and a copy of his latest property tax receipt showing he is paying taxes on the

property.

Sec. 8.1004: Water/Sewer Tap Fees Required.

When a portion of a subdivision, which is serviced by city water and/or sewer, is re-platted by

either (1) taking larger lots and dividing them up into a greater number of smaller lots and thereby

producing one (1) or more lots without water and/or sewer service, or (2) is re-platted in such a way

as to skew the water and/or sewer taps, i.e., the taps(s) for any particular lot are located in front of

the adjoining property and not in front of the adjoining property and not in front of the property in

question, then the sub-divider must pay the applicable tap fees, as specified in the city's water and

sewer ordinances, in order to establish service to these lots(s) with a tap in front of each property.

Sec. 8.1005: Formal Application.

A formal application for re-plat approval shall be made by the sub-divider or his duly authorized

representative by appearing before the planning board at an official meeting.

Sec. 8.1006: Form and Content of Replat.

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The Board of Code Enforcement shall determine whether a re-plat is in suitable form for review

and shall not receive or consider such plat until and unless it is submitted in accordance with or is

accompanied by the following:

(A) A plat showing the entire block of the lot or lots proposed for re-plat as it is

currently recorded in the subdivision final plat.

(B) A plat prepared by a licensed surveyor showing the lot or lots as proposed for re-

plat. This plat shall be prepared on at minimum a 8-1/2 x 14" sheet to a scale of 1"

= 50'.

(C) Each plat shall show the following:

(1) Name and address of the sub-divider and surveyor;

(2) Date of preparation, scale and north arrow;

(3) A number or letter to identify each lot and block shown (existing and as

proposed for re-plat);

(4) Setback and easement lines;

(5) Surveyor's professional seal and signature certifying the accuracy of the

replat.

Sec. 8.1007: Subdivision Restricted to Certain Residential Use.

If any lot in the existing subdivision plat proposed for re-plat was limited by the deed restrictions to

residential use for not more than two (2) residential units per lot, then the following additional

requirements shall be met, as per state statute:

(A) The time limit for filing the re-plat with the City Secretary shall be twenty (20) days

prior to the date on which the Board of Code Enforcement will meet to consider the

formal application for approval of the replat.

(B) The filing fee for the re-plat shall be fifty dollars ($50.00) plus one dollar ($1.00)

per re-platted lot.

(C) Public notice of the meeting at which the Board of Code Enforcement will consider

the application for re-plat shall be given before the 15th day before the date of the

public meeting by publication in a local newspaper and by written notice, with a

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copy of subsection (4) attached. The notice shall be forwarded by the city to the

owners of all lots in the subdivision plat requested for re-plat. If the existing

subdivision plat contains more than one hundred (100) lots, the written notice shall

be mailed only to the owners of lots located within five hundred (500) feet of the

lots to be re-platted.

(D) If twenty (20) percent or more of the owners to whom written notice is required to

be given under subsection (3) file with the city a written protest of the re-platting

before or at the Board of Code Enforcement meeting, the city shall require for the

re-platting the written approval of at least sixty-six and two-thirds (66-2/3) percent

of the owners of all lots in the existing subdivision plat or of the owners of lots

located within five hundred (500) feet of the lots to be re-platted if the existing plat

contains more than one hundred (100) lots. In computing percentages of ownership,

each lot is considered equal to all other regardless of size or number of owners, and

the owners of each lot are entitled to cast only one (1) vote per lot.

Sec. 8.1008: Approval of Replat.

Once the re-plat has been approved by the Board of Code Enforcement, the City Secretary shall,

upon receipt of proof that any required water and sewer tap fees have been paid, complete the City

Secretary's Certification on two (2) reproducible positives provided by the sub-divider within five

(5) days of the planning board's acceptance. These positives shall be returned to the sub-divider

who shall, within fifteen (15) days, file the re-plat with the County Clerk. The County Clerk shall

complete the County Clerk's Certification on both positives, retain one (1) for county records and

return one (1) to the sub-divider who shall return it to the City Secretary for the city records.

Should the sub-divider fail to comply with this section, the approval of such re-plat shall be null

and void.

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Sec. 8.1009: Certification on Replat.

(A) Owner's Certification:

STATE OF TEXAS

COUNTY OF

I (we), the undersigned owners of the land shown on this plat, and designated herein

as a replat of Lot(s) , Block ____ of _________________________ Subdivision

to the City of Ganado, Texas, originally filed for record at the office of the County

Clerk, Jackson County, Texas, the ____ day of _________________ , 19 , as same

appears of record in Volume ____ , Page(s) ____ of the Jackson County Deed

Records, do hereby certify that this replat is an amendment of said plat of record.

Owner(s)

STATE OF TEXAS

COUNTY OF

Before me, the undersigned authority, on this day personally appeared

____________ known to me to be the person whose name is subscribed to the

foregoing instrument, and acknowledged to me that such person executed the same

for the purposes and considerations therein stated.

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Given under my hand and seal of office this the day of ____________ , 19 .

Notary Public, State of Texas

My commission expires:

(B) Surveyor's Certification:

STATE OF TEXAS

COUNTY OF

I, _________________________, a Registered Public Surveyor in the State of

Texas, do hereby certify that I prepared this plat from an actual and accurate survey

of the land and that the corner monuments shown thereon were placed under my

personal supervision, in accordance with the subdivision regulations of the City of

Ganado, Texas.

Surveyor's Name

Registered Public Surveyor No.____

Date: / /

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(SEAL)

(C) City Secretary's Certification:

STATE OF TEXAS

COUNTY OF JACKSON

I, __________________, City Secretary of the City of Ganado, an incorporated City

in Jackson County, Texas, do hereby certify that the foregoing plat was approved by

the City Council of said City as approved by law, and that the resolution appears of

record in Volume ____ , Page ___ of the Minutes of the City Council of Ganado as

kept in my office.

WITNESS MY HAND AND SEAL OF THE CITY OF GANADO, TEXAS, on

this ___ day of ___________ , 19 .

City Secretary

City of Ganado

Jackson County, State of Texas

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(D) County Clerk's Certification:

STATE OF TEXAS

COUNTY OF JACKSON

I, ______________________Clerk of County Court and County Clerk of Jackson

County, Texas, do hereby certify that the foregoing plat of ________________ in

the City of Ganado, Jackson County, Texas, duly authenticated by certification of

the City of Ganado, Texas, attached hereto, as filed for record in my office on the

day of ___________________ 19___, _____ o'clock ___ m., and was duly recorded

on the _____ day of __________ 19 ___, in Volume ____, Page ____ of the

Jackson County Deed Records.

County Clerk

County of Jackson

State of Texas

(Ordinance No. 222, Section X, of March 2, 1993)

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ARTICLE 8.1100 DESIGN STANDARDS

Sec. 8.1101: General.

All subdivisions, group housing and other developments shall conform to the minimum design and

construction standards set forth below unless otherwise stated in Section 13.

Sec. 8.1102: Lots.

(A) Minimum Dimensions:

(1) Sewered Lots: Where connection to the city's sewage collection system is

available, each lot shall have minimum area of fifty five hundred (5500) s.f.

with a minimum width of fifty (50) feet measured at the front building line.

(2) Unsewered Lots: In rural subdivisions where connection to the city's sewage

collection system is not available, the lot size shall be determined in

accordance with the requirements of the Texas Department of Water

Resources for septic tank systems.

(3) Corner Lots: Corner lots shall be at least seventy (70) feet wide. Lots

abutting on pedestrian easements shall be treated as corner lots.

(4) Side Lot Lines: Where practicable, side lot lines shall be substantially at

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right angles to the right-of-way line of the street on which the lot faces.

(5) Extra Depth and/or Width: Where a residential lot abuts up to a railroad

right-of-way, a high-pressure gasoline, oil, or gas line, an arterial street, an

industrial area, or other land use which has a depreciating effect on the

residential use of property, and where no marginal access street or other

street is provided along the property, additional depth and/or width as

determined by the Board of Code Enforcement shall be required.

(6) Manufactured Home Lots: The width for lots restricted by the deed

restrictions for manufactured home use may be reduced to a minimum forty

(40) feet.

(B) Minimum Building Setbacks:

(1) Front Setback Lines: Minimum front building setback lines shall be

twenty-five (25) feet. Corner lots shall have a minimum twenty-five (25)

foot setback on both the front and side street.

(2) Rear Setback Line: Minimum rear setback lines shall be fifteen (15) feet

from the centerline of a utility easement or no less than five (5) feet in cases

where no easement exists.

(3) Side Setback Line: Minimum side setback lines shall be five (5) feet, except

for corner lots which require a twenty-five (25) foot side setback on street

side.

(4) Double-Frontage: Where lots are double-fronted on a front and back street,

the plat shall designate the front lot line and all buildings shall face that

street.

(5) Commercial Lots: Lots with a commercial land use, shall not require

building setbacks. It shall be understood that any construction on such lots

shall conform to the Building Code Ordinance and shall not be built over

any utility easement.

Sec. 8.1103: Streets and Alleys.

(A) Street and Block Layout:

(1) The street layout shall provide public access to all lots and parcels of land

within the subdivision, and adequately provide for the layout of utilities,

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garbage and waste removal, fire and police protection, and other services,

and to protect and further the public health and safety generally.

(2) Street classification shall be limited to four (4) categories in accordance with

their use function:

(i) Arterial

(ii) Collector

(ii) Local (includes cul-de-sacs)

(iv) Marginal Access (service roads)

(3) The street layout of the subdivision shall be in general conformity with the

major street plan (as it may exist) and provide the most advantageous and

aesthetically pleasing development of the entire neighborhood and adjoining

streets. Where appropriate to the design of the neighborhood, proposed

streets shall be continuous and in alignment and R-O-W width with existing,

planned or platted streets with which they are to connect, or the projections,

where adjoining land is not subdivided.

(4) The proposed location of an intersection of any street with an existing city

street or state highway shall be subject to approval by the Texas State

Highway Department or the City’s Board of Code Enforcement as

applicable.

(5) The angle of intersection between all streets shall not vary more than ten

(10) degrees from a right angle, except by variance in cases of exceptional

conditions.

(6) Street layouts which cause an existing or proposed street to have a centerline

offset of less than one hundred twenty-five (125) feet with any other

proposed street shall not be allowed, except by variance in cases with

exceptional conditions.

(7) The intersection of more than two (2) streets at one point will not be

permitted.

(8) Blocks shall be of sufficient width to provide for two (2) tiers of lots of a

depth as specified elsewhere herein. Where the plumbing board approves a

single tier of lots in cases where lots would otherwise front on a major street

or where topographical conditions or the size of the property prevents two

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(2) tiers, an adequate buffer area shall be provided and access from any

abutting major street prohibited.

(9) Block lengths in urban residential subdivisions and rural subdivisions with

lots of one (1) acre in size or less shall not exceed one thousand two hundred

(1,200) feet or be less than three hundred (300) feet. In all other subdivision

types, the length of blocks shall be such as may be appropriate, in the

opinion of the planning board, for the locality and the type of development

contemplated.

(10) Dead-end alleys shall not be permitted.

(B) Street Names: Names of new streets shall not duplicate or cause confusion with the

names of existing streets, unless the new street is in alignment with an existing

street, in which case the name of the existing street shall be used.

(C) Cul-De-Sacs and Temporary Dead-Ends:

(1) Cul-de-sacs and temporary dead-ends shall not exceed six hundred (600)

feet in length. The turnaround shall have a right-of-way diameter of not less

than one hundred (100) feet and a pavement diameter of not less than eighty

(80) feet.

(2) Except as otherwise provided herein, temporary dead-end streets may be

approved where necessitated by the layout of the subdivision or staging of

development, provided that temporary paved turnarounds shall be

constructed where lots are fronting on such temporary dead-end streets. The

additional width of the right-of-way required for said temporary turnaround

shall be the same as required for permanent turnarounds. The extra

right-of-way shall be vacated upon extension of the temporary street and the

reconditioning of said street and front yards shall be at the expense of the

sub-divider.

(D) Private Streets: Private streets which serve more than one (1) residential lot, or

multi-family structure owned by more than one (1) person or corporation are

expressly forbidden. All such streets shall be dedicated to the public in accordance

with these regulations.

(E) Miscellaneous:

(1) Subdivisions intended for commercial and industrial occupancy shall have

access to a collector street under all circumstances, except in the case of

appropriately separated planned retail centers.

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(2) Street lights shall be installed by the sub-divider at all intersections within

the subdivision, at intervals not to exceed five hundred (500) feet along a

street where a block is over five hundred (500) feet long.

(3) Street signs shall be installed by the sub-divider at all intersections within or

abutting the subdivision. Such signs shall be of a type approved by the city,

and shall be installed in accordance with standards of the City of Ganado.

(4) Sidewalks shall be installed on both sides of all streets, a distance of 1.0 feet

from the property line, and in all designated pedestrian easements.

Sidewalks shall be a minimum 4.0 feet wide. Where sidewalks intersect

with new or existing street curbs, a ramp shall be built into the curb so that

the sidewalk and street blend into a common level. Such ramps shall

conform to the requirements of ANSI A117.1.

(5) Driveway approaches, as specified elsewhere herein, shall be installed

between the curb line and the property line at each driveway entrance. An

expansion joint is required at the property line.

(6) The installation of driveway approaches may be postponed until such time

that each lot is developed or built upon.

(F) General Specifications: The preparation and construction of the earthwork, subbase,

base and surface courses of the streets; the concrete curbs, gutters, sidewalks, and

driveway approaches; and any other incidental construction shall be in accordance

with the latest edition of the "Standard Specifications for Construction of Highways,

Streets and Bridges" by the Texas State Department of Highways and Public

Transportation and any other minimum standards specified elsewhere herein.

(G) Minimum Cross Section Requirements:

(1) Arterial.

(i) Minimum R.O.W. Width: 80 Feet

(ii) Minimum Pavement Width (2 Lane): 44 Feet (4 Lane): 48 Feet.

(iii) Crown: 3% Cross Slope from outside edge to 6" above gutter

elevation then 2% to center.

(iv) Asphaltic Pavement:

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(a) Sub-grade: 8" lime stabilized soil compacted to 95%

modified proctor density. Width of subgrade to include 12"

mm. behind curb.

(b) Base: 10" flexible base material compacted to 95% modified

proctor density. Width of base to include 12" mm. behind

curb.

(c) Surface: 1-1/2" hot mix asphaltic concrete or two-course

surface treatment.

(v) Portland Cement Concrete Pavement:

(a) Sub-grade: 8" lime stabilized soil compacted to 95%

modified proctor density. Width of subgrade to include 12"

mm. behind curb.

(b) Surface: 8" thick, 3000 PSI concrete reinforced with #4 bar

at 12" O.C. both ways. Broom finish.

(2) Collector

(i) Minimum R.O.W. Width: 60 Feet

(ii) Minimum Pavement Width: 40 Feet

(iii) Crown: 3% Cross Slope from outside edge to 6" above gutter

elevation then 2% to center.

(iv) Asphaltic Pavement.

(a) Sub-grade: 8" lime stabilized soil compacted to 95%

modified proctor density. Width of subgrade to include 12"

mm. behind curb.

(b) Base: 8" flexible base material compacted to 95% modified

proctor density. Width of base to include 12" mm. behind

curb.

(c) Surface: 1-1/2" hot mix asphaltic concrete or two-course

surface treatment.

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(v) Portland Cement Concrete Pavement:

(a) Sub-grade: 8" lime stabilized soil compacted to 95%

modified proctor density. Width of subgrade to include 12"

mm. behind curb.

(b) Surface: 6" thick, 3000 PSI concrete reinforced with #4 bar

at 12" O.C. both ways. Broom finish.

(3) Local

(i) Minimum R.O.W. Width: 55 Feet

(ii) Minimum Pavement Width: 36 Feet

(iii) Crown: 9" Parabolic

(iv) Asphaltic Pavement.

(a) Sub-grade: 6" lime stabilized soil compacted to 95%

modified proctor density. Width of subgrade to include 12"

mm. behind curb.

(b) Base: 6" flexible base material compacted to 95% modified

proctor density. Width of base to include 12" mm. behind

curb.

(c) Surface: 1" hot mix asphaltic concrete or two-course surface

treatment.

(v) Portland Cement Concrete Pavement:

(i) Sub-grade: 6" lime stabilized soil compacted to 95%

modified proctor density. Width of subgrade to include 12"

mm. behind curb.

(ii) Surface: 6" thick, 3000 PSI concrete reinforced with #4 bar

at 18" O.C. both ways. Broom finish.

(4) Marginal Access

(i) Minimum R.O.W. Width: 55 Feet

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(ii) Minimum Pavement Width: 28 Feet

(iii) Crown: 7" Parabolic

(iv) Asphaltic Pavement.

(a) Subgrade: 6" lime stabilized soil compacted to 95%

modified proctor density. Width of subgrade to include 12"

mm. behind curb.

(b) Base: 6" flexible base material compacted to 95% modified

proctor density. Width of base to include 12" mm. behind

curb.

(c) Surface: 1" hot mix asphaltic concrete or two-course surface

treatment.

(v) Portland Cement Concrete Pavement:

(a) Sub-grade: 6" lime stabilized soil compacted to 95%

modified proctor density. Width of subgrade to include 12"

mm. behind curb.

(b) Surface: 6" thick, 3000 PSI concrete reinforced with #4 bar

at 18" O.C. both ways. Broom finish.

(5) Alley.

(i) Minimum R.O.W. Width: (Commercial): 24 Feet (Residential): 22

Feet

(ii) Minimum Pavement Width: (Commercial): 24 Feet (Residential):

12 Feet

(iii) Reverse Crown: 2% Incline toward center

(iv) Portland Cement Concrete Pavement:

(a) Subgrade: 6" lime stabilized soil compacted to 95%

modified proctor density.

(b) Surface: 6" thick, 3000 PSI concrete reinforced with #3 bar

at 18" O.C. both ways. Broom finish.

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(6) Curbs and Gutter:

(i) Composite Width: 2'0"

(ii) Curb Height: 6"

(iii) Subgrade/Base: Equal to that of adjacent street cross section.

(iv) Concrete: 2500 PSI

(v) Reinforcing: Three (3) #4 Bars continuous with #3 "Stirrup" Bar at

5" O.C.

(vi) Expansion Joints: Provide expansion joints at intervals not to

exceed 40 feet. Use three (3) #5 smooth dowels 24" long with

expansion caps and 3/4" thick pre-molded bituminous expansion

joint material. Provide a transverse grooved joint at 10' intervals.

(vii) Backfill: Backfill behind curb for a minimum distance of 12" with

native soils compacted to 90% standard proctor density.

(H) Street Grades: No street or gutter grade shall be less than two-tenths of one percent

(0.2%).

(I) Sidewalks and Driveway Approaches:

(1) Sidewalks.

(i) Minimum Width: 4 feet

(ii) Subgrade: Compact soil to 90% standard proctor density.

(iii) Base: 4" sand compacted to 90% standard proctor density.

(iv) Concrete: 4" thick, 2500 PSI with broom finish.

(v) Reinforcing: 6 x 6 - 6/6 Welded Wire Fabric.

(vi) Expansion Joints: Provide expansion joints at intervals not to

exceed 20'. Use three (3) #5 smooth dowels 24" long with expansion

caps and 1/2" pre-molded bituminous expansion joint material.

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Provide a transverse grooved joint at 4' intervals.

(2) Residential Driveway Approaches.

(i) Subgrade: Compact soil to 90% modified proctor density.

(ii) Base: 4" sand compacted to 90% modified proctor density.

(iii) Concrete: 6" thick 2500 PSI with broom finish.

(iv) Reinforcing: 6 x 6 - 6/6 Welded Wire Fabric

(v) Expansion Joints: Provide expansion joint at property line and curb

line. Use #5 smooth dowel 24" long with expansion caps at 18" O.C.

and 3/4" pre-molded bituminous expansion joint material.

(3) Commercial Driveway Approaches.

(i) Subgrade: 6" lime stabilized soil compacted to 95% modified

proctor density.

(ii) Base: 4" sand compacted to 90% modified proctor density.

(iii) Concrete: 6" thick 3000 PSI with broom finish.

(iv) Reinforcing: #4 Bar at 12" O.C. both ways.

(v) Expansion Joints: Provide expansion joint at property line and curb

line. Use #5 smooth dowel 24" long with expansion caps at 12" O.C.

and 3/4" pre-molded bituminous expansion joint material.

Sec. 8.1104: Utility Easements.

(A) Each block that does not contain an alley, shall have a utility easement at the. rear of

all lots reserved for use by all public utilities for service and main lines, conduits,

manholes, meters, equipment, and maintenance procedures. These easements shall

be a minimum twenty (20) feet in width, taking footage from each lot where the rear

of two (2) lots abut each other, and shall be continuous for the entire length of the

block. These easements shall parallel, as closely as possible, the street line frontage

of the block. Storm sewer easements shall be as specified in the "City of Ganado

Storm Drainage Manual."

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(B) Where overhead electric power is to be provided, overhand easements of at least

eight (8) feet on each side of the twenty (20) foot easement strip or alley, at a. height

of eighteen (18) feet, shall be provided in all utility easements. Where utility

easements are not straight within each block, or if they do not connect a straight

course with the utility easement of adjoining blocks, then an additional easement

shall be provided for the placing of guy wires on lot division lines in order to

support poles set on curing or deviating rights-of-way or alleys.

(C) Whenever possible, utility easements shall be used exclusively by the franchised

utilities, and the water and sewer lines shall be located in the street right-of-way.

Sec. 8.1105: Pedestrian Easements.

Pedestrian easements not less than ten (10) feet wide, with not less than a forty-eight (48) wide

sidewalk shall be dedicated where deemed necessary by the planning board to provide access to

schools, playgrounds, shopping centers, other neighborhood facilities, and to promote general

pedestrian circulation where blocks exceed eight hundred (800) feet in length.

Sec. 8.1106: Water System.

(A) The design, construction, and installation of the water distribution system shall be in

accordance with current American Water Works Association (AWWA) Standards,

the most current "Rules and Regulations for Public Water Systems" by the Division

of Water Hygiene of the Texas Department of Health, and any other minimum

standards specified elsewhere herein.

(B) Water mains shall assure two-way flow at all points in the system, with the

exception of short dead-end runs that may be approved by the Board of Code

Enforcement.

(C) The minimum pipe size for all water mains shall be eight (8) inch diameter except

for short dead-end runs.

(C) All valve boxes located in areas other than the street pavement will be set in a six

(6) inch thick concrete pad, thirty-six (36) inches in diameter, reinforced with

synthetic fibers, and set flush with the top of the valve box cover.

(G) Every residential lot shall be within five hundred (500) linear feet and each

commercial lot shall be within three hundred (300) linear feet of a fire hydrant as

measured along the streets.

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(H) The water system installation shall be tested to withstand one hundred fifty (150) psi

of water pressure for twenty-four (24) hours to the satisfaction of the Director of

Public Works. This test shall commence and end in the presence of a designated

city representative.

(I) Prior to acceptance of the water system by the city, the contractor must chlorinate

the lines, sample the water, and have the samples tested for coliform organisms by

the Texas Department of Health. The chlorination and sampling procedures shall be

performed in the presence of a designated city representative.

Sec. 8.1107: Sanitary Sewer System.

(A) The design, construction, and installation of the sanitary sewer system shall be in

accordance with the Rules of the Texas Water Commission, and Texas

Administrative Code Chapter 317 entitled "Design Criteria for Sewerage Systems"

and any other minimum standards specified elsewhere herein.

(B) Manholes shall be spaced no more than five hundred (500) feet apart.

(C) All manholes located in areas other than the street pavement will be set in a six (6)

inch thick concrete pad, five (5) feet in diameter, reinforced with synthetic fibers,

and set flush with the top of the manhole cover. Manhole covers shall bear the

words "Sanitary Sewer."

Sec. 8.1108: Storm Sewer System.

(A) The design and construction of the storm sewer system and drainage structures shall

be in strict accordance with the "Storm Drainage Design Manual for the City of

Ganado, Texas" and the applicable sections of the latest edition of the "Standard

Specifications for Construction of Highways, Streets, and Bridges" by the Texas

State Department of Highways and Public Transportation and any other minimum

standards specified elsewhere herein.

(B) All concrete in drainage structures shall develop a compressive strength of not less

than 3,000 psi in twenty-eight (28) days.

(C) All manholes located in areas other than the street pavement will be set in a six (6)

inch thick concrete pad, five (5) feet in diameter, reinforced with synthetic fibers,

and set flush with the top of the manhole cover. Manhole covers shall bear the

words, "STORM SEWER."

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Sec. 8.1109: Franchised Utilities.

The design, construction, and installation of all franchised utilities shall be closely coordinated with

each and all applicable utility companies. Section 8.B of this chapter requires that, before

acceptance of the construction drawings by the planning board, each applicable utility must sign a

certification that they have reviewed and approved the construction plans.

Sec. 8.1110: Site Grading.

Refer to the City of Ganado Storm Drainage Design Manual.

(Ordinance No. 222, Section XI, of March 2, 1993)

ARTICLE 8.1200 GROUP HOUSING AND COMMERCIAL DEVELOPMENT

Sec. 8.1201: General.

No person shall construct a multi-family dwelling, townhouse, patio home or other commercial

development project without approval of said construction project by the Board of Code

Enforcement. The Building Inspections Department shall, however, have the authority to approve

the construction of multi-family dwellings of four (4) units or less, provided such construction is

proposed on platted property approved by the Board of Code Enforcement and filed in the County

Clerk's office.

Sec. 8.1202: Minimum Design Standards.

All group housing and commercial development shall conform to the design and construction

standards set forth in Section 11 or as otherwise stated below:

(A) Multi-family Dwellings:

(1) Density: Ratio of dwelling units per gross acre shall not exceed the greater

of the following:

Units Per Bedrooms Per Multi-Family

Gross Acre Gross Acre Unit

21 35 2-50

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25 42 51-80

27 45 81 or more

Note: Hotels/Motels three (3) stories or less in height shall not exceed sixty

(60) units per acre.

(2) Floor Space Per Acre: Maximum square feet of livable floor space per acre

shall not exceed fifty (50) percent of the lot size.

(3) Minimum Space Between Buildings: All multi-family dwellings shall

maintain the following distance between outside finished walls. If wood

shingles are used in roof construction, the distances between buildings shall

conform to the Standard Building Code as adopted by the City of Ganado.

(i) Two (2) to four (4) units per building: Ten (10) feet with maximum

twenty-four (24) inch overhang.

(ii) Five (5) or more units per building: Sixteen (16) feet with maximum

thirty-six (36) overhang.

(4) Sidewalks: Sidewalks must be constructed the entire length of all public

streets which abut the proposed multi-family development.

(5) Interior Streets: Interior streets shall be a minimum twenty-eight (28) feet in

width.

(6) Driveway Entrance/Exits: The entrance/exit driveways to all multi-family

developments shall have a centerline offset, when present, of a minimum

one hundred and twenty-five (125) feet with any public street or other

similar group housing or commercial development driveway. Variances

may be approved in cases with exceptional conditions.

(7) Subdivision Plat: Lots intended for multifamily use shall be so designated

on the subdivision plat.

(B) Townhouses:

(1) Area Requirements:

(a) There shall be at least four (4) connected units in each project.

(b) There shall be no more than eighteen (18) dwelling units per

acre.

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(c) The townhouse project lot size shall average at least twenty-five

hundred (2500) s.f. per unit, including common area, if any.

Individual lot sizes shall be governed by subsection (5) below.

(d) At least eighty (80) percent of the townhouse lots in a project shall

be no less than twenty (20) feet wide provided that the remaining

project shall be at least sixteen (16) feet in width.

(e) Each lot twenty (20) feet or more in width shall contain not less than

sixteen hundred (1600) s.f. and each lot less than twenty (20) feet

shall contain not less than twelve hundred eighty (1280) s.f.

(f) Each townhouse shall be located on an individual lot.

(2) Coverage Requirements:

(a) Coverage of a project shall not exceed fifty-five (55) percent of the

total site area; those structures constituting "coverage" include all

buildings, structures and required parking spaces. The remaining

forty-five (45) percent can include driveways, sidewalks, patios, and

grass/landscaped areas.

(b) Coverage of the common areas(s), if any, shall not exceed forty (40)

percent of such common areas.

(3) Yard Requirements:

(a) Each lot shall contain a private yard with not less than three hundred

(300) s.f. of area. Not more than one-half (1/2) of the private yard

may be occupied by a driveway, but parking areas shall not be

included in the computation of the required private yard area.

(b) A private yard may have a patio cover or roof which does not cover

more than twenty-five (25) percent of the private yard.

(c) A wall or solid fence not less than five (5) feet in height shall be

required on side lot lines where the required private yard adjoins

such lot lines, and on rear lot lines where the townhouse lots are

backing a public street.

(d) At least 7.5 feet of side yard shall be provided at the side property

line of any townhouse project.

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(e) No side yard shall be required between connected townhouses or

units.

(4) Minimum Space between Townhouse Groups: Within a townhouse project

there shall be at least fifteen (15) feet of separation between each townhouse

group.

(1) Setback Requirements: The Board of Code Enforcement may

approve a lesser front setback than what is specified in Section 11

when rear access is provided and when reduced setbacks will not, in

the opinion of the Board of Code Enforcement, detrimentally affect

existing or proposed development adjacent to and across the street

and within two hundred (200) feet on each side of the area proposed

for reduction of setback within the project. A pictorial

representation or drawing of the proposed project, including location

of buildings, off-street parking, rear access and any other proposed

improvements, shall be provided to the Board of Code Enforcement

before the board may act upon a request for a reduced building

setback line.

(5) Length Requirements: No townhouse group shall exceed two hundred (200)

feet in length.

(6) Utility Meters: There shall be separate utility meters for each townhouse

building.

(7) Parking and Driveway Requirements: In addition to the requirements of the

off-street parking ordinance, the following requirements shall be complied

with:

(a) A required parking space not located on the individual lot shall be

located within two hundred (200) feet of the lot.

(b) No driveway located in the front yard of a townhouse lot shall

exceed a twenty (20) foot width.

(c) Individual driveways may not open onto a collector or arterial street.

When townhouse units are located on a collector street, the

driveway entrances/exists will be limited to providing access to a

common interior driveway located at the rear of the property, and

shall have a centerline offset, when present, of a minimum one

hundred twenty-five (125) feet with any public street or other similar

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group housing or commercial development driveway, unless a

variance is issued in an exceptional case.

(8) Subdivision Plat: All townhouse subdivision plats must contain the

following statement: "This (development, section, lot, etc.) shall be

restricted to townhouses only."

(C) Patio Homes:

(1) Area Requirements: The area requirements for patio homes shall be the

same as for townhouses.

(2) Coverage Requirements: The coverage requirements for patio homes shall

be the same as for townhouses.

(3) Yard Requirements:

(a) Each lot shall contain a private yard with not less than three hundred

(300) s.f. of area. Not more than one-half (1/2) of the private yard

may be occupied by a driveway, but parking areas shall not be

included in the computation of the required private year area.

(b) A private yard may have a patio cover or roof which does not cover

more than twenty-five (25) percent of the private yard.

(c) A wall or solid fence not less than five (5) feet in height shall be

required on side lot lines where the required private yard adjoins

such lot lines, and on rear lot lines where the patio home lots are

backing a public street.

(4) Setback Requirements:

(a) The planning board may approve a lesser front setback than what is

specified in Section 11 when rear access is provided and when

reduced setbacks will not, in the opinion of the planning board,

detrimentally affect existing or proposed development adjacent to

and across the street and within two hundred (200) feet on each side

of the area proposed for reduction of setback within the project. A

pictorial representation or drawing of the proposed project, including

location of buildings, off-street parking, rear access and any other

proposed improvements, shall be provided to the planning board

before the board may act upon a request for a reduced building

setback line.

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(b) All zero side lot lines shall be designated on the subdivision plat, and

each lot shall have only one (1) zero lot line. No windows, doors, or

other dwelling openings shall be allowed on the zero lot line.

(c) A minimum of six (6) feet shall be maintained between each patio

home, and the six (6) foot building line shall be indicated on the

patio home subdivision plat.

(5) Utility Meters: There shall be separate utility meters for each patio home.

(6) Parking and Driveway Requirements: These requirements shall be the same

as for townhouses.

(7) Subdivision Plat: All patio home subdivision plats must contain the

following statement: This (development, section, lot, etc.) shall be restricted

to patio homes only."

(D) Commercial Development:

(1) Sidewalks: Sidewalks must be constructed the entire length of all public

streets which abut the proposed commercial development.

(2) Driveway Entrance/Exits: The entrance/exit driveways to all commercial

developments shall have a centerline offset, when present, of a minimum

one hundred and twenty-five (125) feet with any public street or other

similar group housing or commercial development driveway. Variances may

be approved in cases with exceptional conditions.

(3) Subdivision Plat: Lots intended for commercial use shall be so designated

on the subdivision plat.

(4) Setback Requirements: There are no building set-backs stipulated for

commercial development, but a building cannot be located in a designated

utility easement and must be constructed in accordance with the latest

edition of the Standard Building Code adopted by the City of Ganado.

(Ordinance No. 222, Section XII, of March 2, 1993)

ARTICLE 8.1300 UTILIZATION OF BOARD OF CODE ENFORCEMENT

Ordinance No. 335

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AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 8.1300, SECTION 8.1301 OF

THE CITY OF GANADO CODE OF ORDINANCES DELETING REFERENCES TO

THE CITY PLANNING BOARD AND SUBSTITUTING THE BOARD OF CODE

ENFORCEMENT IN ITS PLACE AND STEAD

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GANADO, TEXAS,

THAT CHAPTER 8, ARTICLE 8.1300, SECTION 8.1301 OF THE CITY OF GANADO

CODE OF ORDINANCES BE DELETED AND AMENDED AS FOLLOWS:

That there is hereby deleted from the terms, provisions and conditions of Section 8.1301, City of

Ganado Code of Ordinances, the following language, to-with:

Sec. 8.1301: Creation of Board. There is hereby created a city planning board which shall consists

of three (3) members appointed by the Mayor, subject to confirmation by the City Council.

Initially, one (1) member shall be appointed to serve two (2) years and two (2) members shall be

appointed to serve one (1) year. After the initial appointment of the board, each member shall be

appointed or reappointed to serve a two (2) year term.

And there is hereby substituted in its place and stead the following language, to-wit:

ARTICLE 8.1300 UTILIZATION OF BOARD OF CODE ENFORCEMENT

Sec. 8.1301.

(a) There was established under the City of Ganado Code of Ordinances in Article

3.203, a BOARD OF CODE ENFORCEMENT. In addition to the duties and

responsibility outlined in Chapter 3 of said City of Ganado Code of Ordinances, said

BOARD OF CODE ENFORCEMENT shall additional have the duties and

responsibilities as set out in Section 8.1302 through Section 8.1306 of the City of

Ganado Code of Ordinances.

(b) Wherein the term City Planning Board appears in Chapter 8 of this City of Ganado

Code of Ordinances, the BOARD OF CODE ENFORCEMENT shall be substituted

in its place and stead. (adopted June, 2003)

Sec. 8.1302: Quorum.

A simple majority of the members shall constitute a

quorum, and the City Board of Code Enforcement shall act by a majority vote of the members

present.

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Sec. 8.1303: Compensation of Members.

Members of the Board of Code Enforcement shall serve without compensation. However, the City

Council may authorize the payment of expenses for travel and meetings and similar costs which

may be incurred by member’s incident to the performing of their duties as members of the city

planning board.

Sec. 8.1304: Duties.

The Board of Code Enforcement shall be responsible for, and is hereby authorized to act as follows

and perform the duties listed here below:

(A) Approval of Subdivision Plats. The Board of Code Enforcement shall perform all

functions related to the review and approval of subdivision plats which may be

assigned to them by statutes of the State of Texas and/or ordinances of the city;

(B) Preparation of Comprehensive Plan. The Board of Code Enforcement may prepare,

or cause to be prepared, a comprehensive plan for the physical development of the

city and its environs, including, but not limited to:

(1) Land use;

(2) Thoroughfares and transportation by rail, water, air, or highway;

(3) Park and school sites;

(4) Public buildings;

(5) Housing and neighborhood improvements;

(6) Drainage;

(7) Utilities and services;

(8) Municipal expansion and annexation;

(9) Slum clearance and blighted areas;

(10) Parking and use of streets and alleys.

(C) Adoption of Comprehensive Plan. If the Board of Code Enforcement shall prepare

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a comprehensive plan, the city planning board shall refer said plan to the City

Council for concurrence or comment. The City Council may, by resolution, adopt

said plan (as a whole or in parts) as submitted by the BOARD OF CODE

ENFORCEMENT or may make changes thereto and then adopts said

comprehensive plan as amended.

(D) Recommendation of Improvements. The Board of Code Enforcement shall

recommend and advise the City Council on matters involving the physical

improvement of the city, including capital improvement programs, approval of

subdivisions plats, and other changes or additions involving the physical

arrangement of the city.

(E) Powers. The Board of Code Enforcement, in the performance of its duties, shall

have all the powers, duties, and responsibilities prescribed by statute of the State of

Texas and the Plats and Subdivisions Ordinance of Ganado, Texas.

Sec. 8.1305: Organization and Meetings.

The Board of Code Enforcement shall appoint its own Chairman, Vice-Chairman, and Secretary,

and shall adopt rules for the conduct of meetings and such other activities as may be appropriate.

The Board of Code Enforcement shall meet at such times as the Chairman or the majority of the

members of the board may direct.

Sec. 8.1306: Records and Reports.

The Board of Code Enforcement shall maintain records of its meetings and shall report to the City

Council at least once each year concerning its activities for the past year and its intended activities

for the ensuing year.

(Ordinance No. 223 of March 2, 1993)

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CHAPTER 9 Table of Contents TRAFFIC CODE

ARTICLE 9.100 UNIFORM ACT ADOPTED 9-2

ARTICLE 9.200 TRAFFIC CONTROL DEVICES 9-2

Sec. 9.201 Texas Manual on Uniform Control Devices 9-2

Sec. 9.202 Drivers to Comply 9-2

Sec. 9.203 Emergency Vehicles 9-2

Sec. 9.204 Unauthorized Devices Prohibited 9-3

Sec. 9.205 Unlawful to Tamper with Official Traffic Control Devices 9-4

Sec.9.206 Public Works Director Designated 9-4

Sec.9.207 Traffic Control Devices, Stop Signs and Yield Signs 9-5

ARIDTCLE 9.300 SPEED LIMITS 9-6

Sec. 9.301 Speed Limits Generally 9-6

Sec. 9.302 Maximum Speed Limits on Specific Streets and Highways 9-7

Sec. 9.303 (1) School Zones 9-9

ARTICLE 9.400 ONE-WAY STREETS & PARKING REGULATIONS 9-10

Sec. 9.401 Angle Parking 9-10

Sec. 9.402 Angle Parking – 200-300 Blocks of West Putnam St. 9-10

Sec. 9.403 Parallel Parking – Third Street 9-10

Sec. 9.404 Prohibited Parking 9-11

Sec. 9.405 Parking Restrictions & One Way Designation W (Devers St.) 9-11

Sec. 9.406 Parking Restrictions & One Way Designation S. 5th. St. 9-12

Sec. 9.407 Handicapped Parking 9-12

ARTICLE 9.500 MISCELLANEOUS VEHICLE RIGULATIONS 9-13

Sec. 9.501 Limiting Weight 9-13

Sec. 9.502 Prohitibing Lugs; Etc. 9-13

Sec. 9.503 Exceptions; Permits Required 9-14

Sec. 9.504 Loug Mufflers Prohibited 9-14

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ARTICLE 9.600 WRECKED, JUNKKED OR ABANDONED

VEHICLES AND PROPERTY 9-14

Sec. 9.601 Motor Vehicles – Definitions 9-14

Sec. 9.602 Declaration of Nuisance 9.14

Sec. 9.603 Notice to Abate – on Private Property 9.15

Sec. 9.604 Notice to Abate – on Public Property 9.16

Sec. 9.605 Hearing; Setting 9-17

Sec. 9.606 Hearing; Conducting 9-17

Sec. 9.607 Filing Complaint 9-17

Sec. 9.608 Trial 9.17

Sec. 9.609 Removal of Junked Motor Vehicle with Permission 9-18

Sec. 9.610 Removal from Unoccupied Premises by Order of

The Municipal Court 9-18

Sec. 9.611 Notice to Texas Dept. of Hwyd. & Public Transportation 9-18

Sec. 9.612 Declaration of Nuisance, and Duty to Impound 9-18

Sec. 9.613 Lien on Impounded Property 9-18

Sec. 9.614 Redemption 9-19

Sec. 9.615 Sale of Property 9-19

Sec. 9.616 Sale of Property – Procedure for Property Other Than

Motor Vehicle 9-19

Sec. 9.617 Sale of Property – Procedure as to Motor Vehicles 9-19

Sec. 9.618 Sale of Property – Conduct of 9-20

Sec. 9.619 Sale of Property – Disposal of Proceeds 9-20

Sec. 9.620 Sale of Property – Junk 9-21

Sec. 9.621 Pecords; Fees as Set 9.21

Sec. 9.622 Animals Excluded 9-21

ARTICLE 9.700 RAILROADS 9-21

Sec. 9.701 Construction of Crossings 9-21

Sec. 9.702 Maintenance of Crossings 9-22

Sec. 9.703 Obstruction of Railroad Crossings 9-23

Sec. 9.704 Warning Devices at Crossings 9-22

Sec. 9.705 Obstructing of City Drainage 9-22

Sec. 9.706 Rights of Way to be Maintained 9.22

ARTICLE 9.800 TRUCK ROUTES 9-23

Sec. 9.801 Authority to Establish 9-23

Sec.9.802 Compliance Required 9-23

Sec. 9.803 Designation of Truck Routes 9-23

Sec. 9.804 Posting of Notice Signs 9-24

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ARTICLE 9.900 ABANDONED STREETS 9-24

Sec. 9.901 Abandonment of Portion of Elvine Street 9-24

Sec. 9.902 That the following described section and portion of the

Alley north of Block 10 of the CITY OF GANADO,

Jackson County, Texas, and south of Block 1 Lot 1,

North Ganado Addition be abandoned as an alleyway 9-25

Sec. 9.903 That the following described section and portion of the

Alley north of Block 10 in the original Town of Ganado

And South of the North Ganado Addition, and a portion

Of Davis Street in the Original Town of Ganado BE

ABANDONED as an alley and street. 9-26

Sec. 9.904 That the alley in Block 18 of the Original Town of

Ganado, Jackson County, Texas, as shown on plat

Recorded in Vol. N, Page 81, of the Deed Records of

Jackson County Texas, that lots one(1),Two(2) Three(3),

Ten(10), Eleven(11) and Twelve(12) of said Block 18 of

the Original Town of Ganado, BE ABANDONED as an

alley 9-27

ARTICLE 9.100 UNIFORM ACT ADOPTED

For the purpose of regulating traffic on the streets and other thoroughfares of the city, there is

hereby adopted the State Uniform Act Regulating Traffic on Highways, codified as Article 6701d,

Vernon's Annotated Civil Statutes, which Act, together with the provisions contained in this

chapter, shall be controlling in the regulation of traffic in the city. A violation of said act shall

constitute and be punishable as a violation of this Code of Ordinances.

(Provision for inclusion of Article 9.100 provided by ordinance adopting Code.)

ARTICLE 9.200 TRAFFIC CONTROL DEVICES

Sec. 9.201: Texas Manual on Uniform Traffic Control Devices Adopted.

All traffic control devices including signs, signals and markings (pavement and/or curb) installed or

used for the purpose of directing and controlling traffic within the City of Ganado shall conform

with the Texas Manual on Uniform Traffic Control Devices for Streets and Highways, (hereafter

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called the manual). Article 6701d, Vernon's Civil Statutes states: "all signs, signals and markings

erected or used by the City of Ganado shall be uniform and be located so far as practicable

according to the directions shown in the manual throughout the city." All existing traffic control

devices and those erected in the future by the city being consistent with the manual, state law and

this chapter shall be official traffic control devices.

Sec. 9.202: Drivers to Comply.

The driver of any vehicle, motor vehicle or animal shall obey the instructions of any official traffic

control device, sign, signal or marking applicable thereto placed in accordance with this section,

unless otherwise directed by a police officer, subject to the exceptions granted the driver of an

authorized emergency vehicle permitted by this section.

Sec. 9.203: Emergency Vehicles.

(A) The driver of an authorized emergency vehicle, as the term "authorized emergency

vehicle" is defined by state law, when responding to an emergency call or when in

the pursuit of an actual or suspected violator of the law, or when responding to but

not upon returning from a fire alarm, may exercise the privileges set forth in this

section, but subject to the conditions herein stated.

(B) The driver of an authorized emergency vehicle may:

(i) Park or stand, irrespective of the provisions of this section or any ordinance,

(ii) Proceed past a red or stop signal or stop sign, but only after slowing down as

may be necessary for safe operation,

(iii) Exceed the prima facie speed limits so long as he does not endanger life or

property,

(iv) Disregard regulations governing direction of movement or turning in

specified directions.

(C) The exemptions herein granted to an authorized emergency vehicle shall apply only

when such vehicle is making use of audible and visual signals meeting the

requirements of Section 124 V.C.S. 6701d (Uniform Act Regulating Traffic on

Highways) except that an authorized emergency vehicle operated as a police vehicle

need not be equipped with or display a red light visible from the front of the vehicle.

(D) The foregoing provisions shall not relieve the driver of an authorized emergency

vehicle from the duty to drive with the regard for the safety of all persons, nor shall

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such provisions protect the driver from the consequences of his reckless disregard

for the safety of others.

Sec. 9.204: Unauthorized Devices Prohibited.

(A) No person shall place, maintain, or display upon or in view of any highway, street or

alley any unauthorized signs, signal, marking, or device which purports to be or is

an imitation of or resembles an official traffic control device or railroad sign or

signal, or which attempts or directs the movement of traffic, or which hides from

view or interferes with the effectiveness of any official control device or any railroad

sign or signal.

(B) No person shall place or maintain nor shall any public authority permit upon any

highway, street or alley any traffic sign or signal bearing thereon any commercial

advertising.

(C) This section shall not be deemed to prohibit the erection upon private property

adjacent to highways, streets or alleys of signs giving useful directional information

and of a type that cannot be mistaken for official signs.

(D) Every such prohibited sign, signal or marking is hereby declared to be a public

nuisance, and the city marshal is hereby empowered to remove the same or cause it

to be moved without notice.

Sec. 9.205: Unlawful to Tamper with Official Traffic Control Devices.

No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down or

remove any official traffic control device, sign, or signal or any railroad sign or signal or any

inscription shield, or insignia thereon, or any part thereof.

Sec. 9.206: Public Works Director Designated.

(A) The city commission of the City of Ganado shall by ordinance direct that the

director of public works shall have the duty of erecting or installing upon, over,

along, or beside any highway, street, or alley signs, signals and markings, or cause

the same to be erected, installed or placed in accordance with this section and

consistent with the manual. Said traffic control devices shall be installed

immediately, or as soon as such specific device, sign or signal can be procured.

(B) Whenever the director of public works has erected and installed any official traffic

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control device, signal or sign at any location in the City of Ganado, or has caused the

same to be done under his direction, in obedience to this section and the manual,

shall thereafter file a report with the city secretary in writing and signed officially by

the director of public works, stating the type of traffic control device, sign or signal,

and when and where the same was erected and instal~ed. The city secretary shall

file and maintain such report of the director of public works among the official

papers of the office of the city secretary.

Sec. 9.207: Director of Public Works Authorized to Install Traffic Devices.

It being unlawful for any person other than the director of public works, acting pursuant to an

ordinance of the city, to install or cause to be installed any signal, sign or device purporting to direct

the use of the streets or the activities on those streets of pedestrians, vehicles, motor vehicles, or

animals, proof, in any prosecution for a violation of this section or any traffic ordinance of the City

of Ganado, that any traffic control device, sign, signal or marking was actually in place on any street

shall constitute prima facie evidence that the same was installed by the director of public works

pursuant to the authority of this section and of the ordinance directing the installation of such

device, signal or marking.

(Ordinance of October 3, 1978) Ordinance #342 ARTICLE 9.2100 TRAFFIC CONTROL DEVICES, STOP SIGNS AND YIELD SIGNS WHEREAS there exist a need to install traffic control

devices, stop signs and yield signs, within the City of Ganado at specified intersections of its public streets, such necessity being for the health and safety of those persons traveling on and upon the public streets of the City of Ganado, THEREFORE, Article 9.2100 entitled as Traffic Control, Stop Signs and Yield Signs, is hereby added to the City of Ganado Code of Ordinances as follows, to-wit: Sec. 9.2100 Stop Signs and Yield Signs. BE IT ORDAINED that all stop signs and yield signs as previously installed on the public right of ways, streets and alley in the City of Ganado are hereby approved, ratified and confirmed as being validly placed thereat, by prior actions of the

City Council for the City of Ganado. BE IT FURTHER ORDAINED that there shall be additionally placed by the Public Works Director Stop signs or Yield signs at the following locations, to-wit: 1. Stop sign at the intersection of N. Second street and

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McFarland street, said sign being for the West bound

traffic and placed on the North boundary of McFarland street.

2. Stop sign at the intersection of N. Second street and

McFarland street, said sign being for the East bound traffic and placed on the South boundary of McFarland Street.

3. Stop sign at the intersection of S. Second street and

Menefee street, said sign being for the South bound traffic and placed on the North boundary of Menefee Street.

4. Yield sign at the intersection of Menefee street and S.

Fifth street, said sign being for the West bound traffic and placed on the North boundary of Menefee Street.

5. Yield sign at the intersection of Menefee street and S.

Fifth street, said sign being for the East bound traffic and placed on the South boundary of Menefee Street.

6. Yield sign at the intersection of N. Fifth street and

McFarland street, said sign being for the East bound traffic and placed on the South boundary of McFarland Street.

7. Yield sign at the intersection of McFarland street and N. Fifth street, said sign being for the West bound traffic and placed on the North boundary of McFarland Street.

Sec. 9.2100 Stop Signs and Yield Signs. BE IT ORDAINED that all stop signs and yield signs as previously installed on the public right of ways, streets and alley in the City of Ganado are hereby approved, ratified and confirmed as being validly placed thereat, by prior actions of the City Council for the City of Ganado. BE IT FURTHER ORDAINED that there shall be additionally

placed by the Public Works Director Stop signs or Yield signs at the following locations, to-wit: 1. Stop sign at the intersection of W. Menefee Street and

South Sixth Street, said sign being for the South bound traffic on South Sixth Street and placed on the Northwest corner of the intersection of W. Menefee Street and South Sixth Street.

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BE IT FURTHER ORDAINED that the following stop signs will be removed by the Public Works Director, said Stop signs being presently located as follows, to-wit: 1. Stop sign at the intersection of W. Menefee and South

Sixth Street, said sign being for the East bound traffic on W. Menefee Street and located on the Southwest corner of the intersection of W. Menefee Street and South Sixth Street.

2. Stop sign at the intersection of W. Menefee and South

Sixth Street, said sign being for the West bound traffic and located on the Northeast corner of the intersection of W. Menefee Street and South Sixth

Street. BE IT FURTHER ORDAINED that the following stop signs and yield signs will be removed by the Public Works Director, said Stop signs and Yield signs being presently located as follows, to-wit: 1. Stop sign at the intersection of McFarland street and

N. Fifth street, said sign being for the South bound traffic and located on the North boundary of McFarland Street.

9. Yield sign at the intersection of S. Fifth street and Menefee street, said sign being for the North bound traffic and located on the East boundary of S. Fifth street.

*ARTICLE 9.2100 TRAFFIC CONTROL DEVICES, STOP SIGNS AND YIELD SIGNS WHEREAS there exist a need to install traffic control devices, stop signs and yield signs, within the City of Ganado at specified intersections of its public streets, such necessity being for the health and safety of those persons traveling on and upon the public streets of the City of Ganado, THEREFORE, Section

9.2101 is hereby added to the City of Ganado Code of Ordinances, as follows, to-wit: Sec. 9.2101 Stop Signs and Yield Signs BE IT ORDAINED that all stop signs and yield signs as previously installed on the public right of ways, streets and alley to the City of Ganado are hereby approved, ratified and

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confirmed as being validly placed thereat, by prior actions of the

City Council for the City of Ganado. BE IT FURTHER ORDAINED that there shall be additionally placed by the Public Works Director Stop signs at the following locations, to-wit: 1.Stop sign at the intersection of Sixth Street and Menefee

Street, said sign being for the East bound traffic on Menefee Street and placed on the Southwest corner of Sixth Street and Menefee Street.

2.Stop sign at the intersection of Sixth Street and Menefee

Street, said sign being for the West bound traffic on Menefee Street and placed on the Northeast corner of

Sixth Street and Menefee Street. 3.Stop sign at the intersection of Fifth Street and Menefee

Street, said sign being for the North bound traffic on Fifth Street and placed on the Southeast corner of Fifth Street and Menefee Street.

4.Stop sign at the intersection of Fourth Street and

McFarland Street, said sign being for the East bound traffic on McFarland Street and placed on the Southwest corner of Fourth Street and McFarland Street.

5.Stop sign at the intersection of Fourth Street and Menefee

Street, said sign being for the East bound traffic on

Menefee Street and placed on the Southwest corner of Fourth Street and Menefee Street.

6.Stop sign at the intersection of Fourth Street and Menefee

Street, said sign being for the West bound traffic on Menefee Street and placed on the Northeast corner of Fourth Street and Menefee Street.

7.Stop sign at the intersection of Second Street and Menefee

Street, said sign being for the South bound traffic on Second Street and placed on the Northwest corner of Second Street and Menefee Street.

8.Stop sign at the intersection of McFarland Street and

Second Street, said sign being for the East bound traffic on McFarland Street and placed on the Southwest corner of Second Street and McFarland.

9.Stop sign at the intersection of Second Street and Menefee

Street, said sign being for the North bound traffic on Second Street and placed on the Southeast corner of Second Street and Menefee Street.

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10.Stop sign at the intersection of Second Street and McFarland Street, said sign being for the West bound traffic on McFarland Street and placed on the Northeast corner of Second Street and McFarland Street.

11.Stop sign at the intersection of First Street and Menefee

Street, said sign being for the northbound traffic on First Street and placed on the Southeast corner of First Street and Menefee Street.

12.Stop sign at the intersection of Fourth Street and

McFarland Street, said sign being for the West bound traffic on McFarland Street and placed on the Northeast corner of Fourth Street and McFarland Street.

13.Stop sign at the intersection of Fifth Street and

McFarland Street, said sign being for the South bound traffic on Fifth Street and placed on the Northwest corner of Fifty Street and McFarland Street.

Severability Clause If any portion of this ordinance is held unconstitutional by a court of competent jurisdiction, the remaining provisions hereof shall nevertheless be valid, the same as if the portion or portions held unconstitutional had not been adopted.

All ordinances and resolutions and parts thereof heretofore adopted and in conflict herewith are and the same are hereby expressly repealed in so far as they conflict herewith. (Ordinance 377, Passed April 14,2009)

ARTICLE 9.300 SPEED LIMITS

Sec. 9.301: Speed Limits Generally.

(A) No person shall drive a vehicle on any street in the city limits of Ganado at a speed

greater than is reasonable and prudent under the conditions and having regard to the

actual and potential hazards then existing. In every event, speed shall be so

controlled as may be necessary to avoid colliding with any person, vehicle, or other

conveyance on or entering the highway in compliance with legal requirements and it

shall be the duty of all persons to use due care. No person shall operate or drive any

motor vehicle or other vehicle within the corporate limits of the City of Ganado on

any street at a greater speed than thirty (30) miles per hour, unless signs are erected

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designating another speed limit, or in any alley at a greater speed than fifteen (15)

miles per hour.

(B) Whenever the city shall determine upon the basis of an engineering and/or traffic

investigation that the thirty (30) miles per hour speed limit hereinbefore set forth is

greater or less than is reasonable of safe under the conditions found to exist at any

intersection or other place, or upon any part of the street or highway, the city shall

upon authorization by the city commission by appropriate ordinance establish such

speed limit as shall be effective at all times when appropriate signs giving notice

thereof are erected at such intersection or other place or part of the highway or

street.

(C) No person shall drive a motor vehicle at such a slow speed as to impede the normal

and reasonable movement of traffic, except when reduced speed is necessary for

safe operation, or in compliance with law, or at the direction of a police officer.

Police officers are hereby authorized to enforce this provision by directions to

drivers and, in the event of apparent willful disobedience to this provision and

refusal to comply with the direction of an officer in accordance herewith, the

continued slow operation by a driver shall be a misdemeanor.

(Provision for including section 9.301 of chapter 9 provided by ordinance adopting Code.)

Sec. 9.302: Maximum Speed Limits on Specific Streets and Highways.

Upon the basis of an engineering and traffic investigation heretofore made as authorized by the

provisions of Section 169 of Article 6701d, Vernon's Texas Civil Statutes, the following prima

facie limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and

safe, and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling

upon the named streets and highways, or parts thereof, described as follows:

(A) On Loop 522 (York Street) from a point at the west city limit to a point 32 feet east,

a distance of approximately 0.006 of a mile, forty (40) miles per hour;

(B) On Loop 522 (York Street) from a point 32 feet east of the west city limit to a point

1,871 feet east, a distance of approximately 0.354 of a mile, thirty (30) miles per

hour;

(C) On Loop 522 (York Street) from a point 1,903 feet east of the west city limit to a

point 1,063 feet east, a distance of approximately 0.201 of a mile, forty (40) miles

per hour;

(D) On Loop 522 (York Street) from a point at the east city limit to a point 1,278 feet

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west, a distance of approximately 0.242 of a mile, fifty-five (55) miles per hour; and

(E) On Loop 522 (York Street) from a point 1,278 feet west of the east city limit to a

point 1,676 feet west, a distance of approximately 0.317 of a mile, fifty (50) miles

per hour.

(Ordinance No. 184 of November 2, 1989)

(F) On S.H. 172 (Third Street) from a point at its intersection with Loop 522 to a point

2,306 feet south, a distance of approximately 0.437 of a mile, thirty (30) miles per

hour;

(G) On S.H. 172 (Third Street) from a point 2,306 feet south of its intersection with

Loop 522 to a point 2,050 feet south, a distance of approximately 0.388 of a mile,

forty (40) miles per hour;

(H) On S.H. 172 (Third Street) from a point at the south city limit to a point 766 feet

north, a distance of approximately 0.145 of a mile, fifty (50) miles per hour;

(I) School zone on S.H. 172 (Third Street) from a point 1,033 feet south of its

intersection with Loop 522 to a point 1,209 feet south, a distance of approximately

0.229 of a mile, 20 miles per hour when so signed.

(Ordinance No. 266 of December 3, 1996)

(J) On FM 710 (Third Street) from a point at its intersection with Loop 522 (York

Street) to a point 1,645 feet north, a distance of approximately 0.312 of a mile,

thirty-five (35) miles per hour;

(K) On FM 710 (Third Street) from a point 1,645 feet north of its intersection with Loop

522 (York Street) to a point 1,987 feet north, a distance of approximately, 0.376 of a

mile, forty (40) miles per hour;

(L) On FM 710 (Third Street) from a point at the north city limit to a point 1,737 feet

south, a distance of approximately 0.329 of a mile, forty-five (45) miles per hour.

(Ordinance No. 193 of August 7, 1990)

(M) On FM 1157 (E. Devers Street) from S.H. 172 (South Third Street) to the east city

limit, a distance of 0.419 of a mile, thirty-five (35) miles per hour.

(Ordinance of June 7, 1966)

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(N) Any person violating any of these provisions shall be deemed guilty of a

misdemeanor and upon conviction thereof shall be fined in any sum not more than

Two Hundred ($200.00) Dollars.

(Ordinance No. 266 of December 3, 1996)

SECTION 9.303: (1) SCHOOL ZONES The following streets are hereby designated as a "School Zone", from Monday through Friday, beginning at 7:00 a.m. and ending at 4:00 p.m. during the times of the year that the Ganado Independent Schools District is in session: 100 W. Putnam Street from the intersection of S. Third Street to 400 W. Putnam Street and the intersection of 200 S. Seventh

Street; 200 S. Seventh Street from the intersection of 400 W. Putnam Street to the intersection of 400 W. Devers Street; 300 W. Devers Street from the intersection of 200 S. Fifth Street to 400 W. Devers Street and the intersection of 200 S. Seventh Street; 300 W. Fifth Street from the intersection of 300 W. Devers Street to 500 S. Fifth Street and the intersection of 200 W. Heard Street; 100 W. Heard Street from the intersection of 500 S. Third Street

to 200 W. Heard Street at the intersection of 500 S. Fifth Street; 300 W. Sutherland Street at the intersection of 400 S. Fifth Street to and including the City of Ganado maintained parking lot at the Ganado Independent School District sports complex.

(2) SPEED LIMITS IN SCHOOL ZONES No person shall drive a vehicle on any street designated as a "School Zone" in the city limits of Ganado, or within its extraterritorial jurisdiction, at a speed greater than FIFTEEEN (15) MILES PER HOUR, Monday through Friday, from 7:00 a.m. to 4:00 p.m. during the times of the year that the Ganado Independent

School District is in session. Appropriate signs shall be installed, in compliance with applicable laws and regulations, giving notice of the existence of said school zone and the speed limits therein. Severability Clause If any portion of this ordinance is held unconstitutional by

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a court of competent jurisdiction, the remaining provisions hereof

shall nevertheless be valid, the same as if the portion or portions held unconstitutional had not been adopted.

ARTICLE 9.400 ONE-WAY STREETS AND PARKING REGULATIONS

Sec. 9.401: Angle Parking.

Every person in charge of a vehicle, when parking the same upon the streets of that portion of the

City of Ganado marked for angle parking, shall park said vehicle at an angle of approximately

forty-five (45) degrees with the curb of said street, and with the right front wheel of said vehicle not

more than six (6) inches from said curb; and where markers and painted lines adjoining the curb

and extending outward at an angle of approximately forty-five (45) degrees have been placed along

the said curbs and streets by the employees of the City of Ganado, Texas, or under their discretion,

then all vehicles parked along said streets where such lines or markers are located shall be parked

between such lines with no part of such vehicle upon, over, or across such lines.

(Ordinance of June 2, 1959)

Sec. 9.402: Angle Parking - 200-300 Blocks of West Putnam Street.

(A) Every person in charge of a vehicle, when parking the same upon the 200 and 300

blocks of West Putnam Street in the City of Ganado, shall park said vehicle at an

angle of approximately thirty-five degrees (350) with the curb of the street, and

with the right front wheel of said vehicle not more than six inches (6") from said

curb.

(B) Where markers and/or painted lines exist on the 200 and 300 blocks of West

Putnam Street, as placed along the curb and extending outward at approximately

thirty-five degrees (350) by the employees of the City of Ganado, Texas, or under

their direction, then all vehicles parked along the said 200 and 300 blocks of West

Putnam Street where such lines or markers are located shall be parked between such

lines or markers with no part of such vehicle upon, over or across such lines or

markers.

(Ordinance No. 104 of August 5, 1980)

Sec. 9.403: Parallel Parking - South Third Street.

Every person in charge of a vehicle, when parking the same upon the street of that portion of the

City of Ganado, described as the area on South Third Street (State Highway 172) beginning at the

intersection of West York Street (U.S. Highway 59) and running south on both sides of the South

Third Street (State Highway 172) to the south city limits, shall park said vehicle at a position

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parallel to the curb with the right front and back wheels of said vehicle not more than six inches

(6") from the said curb; and where markers and painted lines have been placed along the said curbs

and streets by the employees of the City of Ganado, Texas, or under their discretion, then all

vehicles parked along said streets where such lines or markers are located shall be parked between

such lines with no part of such vehicle upon, over or across such lines.

(Ordinance of October 4, 1966)

Sec. 9.404: Prohibited Parking.

(A) Specified Places

(1) No person shall stop, stand or park a vehicle except when necessary to avoid

conflict with other traffic or in compliance with law, the directions of a

police officer or a traffic control device in any of the following places from

and during the hours of seven o'clock (7:00) AM and seven o'clock (7:00)

PM each day:

(a) Being a twenty foot (20') long strip on Third Street (State Highway

172) running from the southern boundary curb and line of Rogers

Street at the intersection of said Rogers Street and Third Street (State

Highway 172) into the 400 block of said Third Street (State Highway

172);

(b) Being a twenty foot (20') long strip on Third Street (State Highway

172) running from the northern boundary curb and line of Rogers

Street at the intersection of said Rogers Street and Third Street (State

Highway 172) into the 300 block of said Third Street (State Highway

172); and

(c) Being a three hundred foot (300') long strip on York Street (Business

Highway 59) running from the western boundary curb and line of

Fourth Street at the intersection of said York Street (Business

Highway 59) and Fourth Street into the 400 block of York Street

(Business Highway 59).

(B) Posting of Notice and Signs. The public works director shall cause to be placed

within the city limits appropriate signs indicating the above-specified, unauthorized

parking areas as approved by the city commission.

(Ordinance No. 138 of October 1, 1985)

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Sec. 9.405: Parking Restrictions and One-Way Designation - West Devers Street.

(A) The following described section of West Devers Street in the City of Ganado,

Jackson County, Texas shall be designated as a public one-way thoroughfare, at

such times as hereinafter described, to wit: Beginning at the intersection of South

Seventh Street and West Devers Street, thence following West Devers Street in an

easterly direction to its intersection with South Fifth Street. Said West Devers

Street shall be a public one-way thoroughfare with traffic flowing in an easterly

direction between the hours of 7:00 a.m. and 4:00 p.m. on regularly scheduled

school days. At all other times said portion of West Devers Street shall be a

two-way thoroughfare.

(B) There shall be parallel parking only on the northern side of Devers Street from its

intersection with Sixth Street to its intersection with Fifth Street.

(C) There shall be parallel parking for school buses only on the southern side of Devers

Street from a point thirty (30) feet from its intersection with Fifth Street running in a

westerly direction along its southern side, a distance of two hundred forty (240) feet.

The designated parallel parking area for school buses only on Devers Street shall be

in effect from 7:00 a.m. until 4:00 p.m. on regularly scheduled school days.

(Ordinance No. 155 of October 7, 1987)

Sec. 9.406: Parking Restrictions and One-Way Designations - South Fifth Street.

(A) The following described section of South Fifth Street in the City of Ganado, Jackson

County, Texas shall be designated as a public one-way thoroughfare, at such times

as hereinafter described, to wit: Beginning at the intersection of West Devers Street

and South Fifth Street, thence following South Fifth Street in a southeasterly

direction to its intersection with West Rogers Street. Said South Fifth Street shall

be a public one-way thoroughfare with traffic flowing in a southeasterly direction

between the hours of 7:00 a.m. and 8:00 a.m. and again between the hours of 2:00

p.m. and 4:00 p.m. on regularly scheduled school days. At all other times said

portion of South Fifth Street shall be a two-way thoroughfare.

(B) There shall be parallel parking only on the western side of said Fifth Street from its

intersection with Devers Street to its intersection with Rogers Street at all times

hereafter.

(Ordinance No. 156 of October 7, 1987)

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Sec 9.407: Handicapped Parking.

(A) The director of public works shall cause parking stalls to be maintained and marked

off in and on such streets, or parts thereof, as may be designated as handicapped

parking areas by the City Commission from time to time. All such spaces or areas

shall be clearly indicated by appropriate signs or by marking on the pavement or

curb. The handicapped parking areas are provided for handicapped persons

operating vehicles bearing handicapped license plates or stickers issued by the

appropriate regulatory agency of the State of Texas. It shall be unlawful for any

person to cause, allow, permit, or suffer any vehicle registered in such person's name

or owned and operated by such person or in such person's possession or under such

person's control that does not bear handicapped license plates or stickers issued by

the appropriate regulatory agency of the State of Texas to be or remain in any

designated handicapped parking area.

(B) Any person violating the provisions of this section shall be deemed guilty of a

misdemeanor, and shall be subject to a fine of up to Two Hundred Dollars

($200.00).

(Ordinance No. 203 of March 5, 1991)

ARTICLE 9.500 MISCELLANEOUS VEHICLE REGULATIONS

Sec. 9.501: Limiting Weight.

It shall be unlawful for anyone to operate a commercial motor vehicle, truck-tractor, trailer or

semi-trailer on the public streets of the City of Ganado, Texas, having a gross weight in excess of

forty thousand (40,000) pounds; and no trailer or semi-trailer truck, loaded or unloaded, shall be

parked on any of the public streets of the City of Ganado; furthermore, no commercial and/or farm

vehicle having an over-all length greater than eighteen (18) feet shall be permitted to park at an

angle on any of the public streets of the City of Ganado.

Sec. 9.502: Prohibiting Lugs; Etc.

It shall hereafter be unlawful for any person to operate or run upon any public street mt he City of

Ganado any vehicle which has on its periphery any block, lug, stud, cleat, ridge, bead or any other

protuberance of metal that shall project more than one-fourth (1/4) of an inch beyond the tread or

traction surface of the tire, unless the said wheels are protected by bands, wooden blocks, skids or

some sufficient device to protect the street against injury by reason thereof. Nothing herein shall

prevent the use of tractors with cleats on the driving wheels thereof on dirt or unimproved streets, or

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the use of vehicles actually engaged at the time in construction or repair of streets.

Sec. 9.503: Exceptions; Permit Required.

It shall be unlawful for any person to drive, operate or move or for the owner to cause or permit to

be driven, operated or moved on any street in the City of Ganado, any vehicle or vehicles of a

weight or character exceeding the limitations provided in subsections A and B of this section;

providing, however, where it is necessary to operate a vehicle exceeding the requirements of this

section, the city secretary is hereby given authority to grant a special permit for the use of the streets

where such use will not injure the surface of the streets used. When such permit is granted, the

operator will be given the routing by a city secretary the applicant will pay a fee of one dollar

($1.00) to the city secretary for such permit.

(Ordinance of July 18, 1955)

Sec. 9.504: Loud Muffler Prohibited.

Use within the city limits of Ganado, Texas, of automobile mufflers of such design or of such

altered condition, as to create disturbance by noise is hereby prohibited.

(Ordinance of September 31 1956)

ARTICLE 9.600 WRECKED, JUNKED OR ABANDONED VEHICLES AND PROPERTY

Sec. 9.601: Motor Vehicles - Definitions. A junked motor vehicle is any motor vehicle which is

inoperative and which does not have lawfully affixed thereto both an unexpired license plate or

plates and a valid motor vehicle safety inspection certificate and which is wrecked, dismantled,

partially dismantled, or discarded; or remains inoperable for a continuous period of more than one

hundred twenty (120) days.

Sec. 9.602: Declaration of Nuisance.

The presence of any junked motor vehicle on private or public property, occupied or unoccupied,

improved or unimproved within the city shall be deemed a public nuisance; and shall be unlawful

for any person to cause or maintain such a public nuisance by wrecking, dismantling, partially

dismantling, rendering inoperable, abandoning, or discarding any motor vehicle on the real property

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of another or to suffer, permit or allow any junked motor vehicle to be parked, left or maintained on

his own real property; provided, this section shall not apply with regard to:

(A) Any junked motor vehicle in an enclosed building.

(B) Any junked motor vehicle on the premises of a business enterprise operated in a

lawful manner when necessary to the operation of such business enterprise.

(C) Any junked vehicle in an appropriate storage place or depository maintained in a

location officially designated and in a manner approved by the city.

(D) Any motor vehicle in operable condition specifically constructed for racing or

operation on privately owned drag strips or race strips.

(E) Any motor vehicle stored as the property of a member of the armed forces of the

United States while on active duty assignment.

Sec. 9.603: Notice to Abate - on Private Property.

Whenever any such public nuisance on occupied premises within the city in violation of Sec. 9.602

is observed, the city marshal, or his authorized agent, shall order the owner of the premises, if in

possession thereof, or the occupant of the premises whereon such public nuisance exists, to abate or

remove the same. Such order shall:

(A) Be in writing.

(B) Specify the public nuisance and its location.

(C) Specify the corrective measures required.

(D) Provide for compliance within ten (10) days from service thereof.

(D) Such order shall be served upon the owner of the premises or the occupant of the

premises by serving him personally or by sending said order by Certified United

States Mail, five (5) day return receipt requested, to the address of the premises. If

the owner or the occupant of the premises fails and refuses to comply with the

notice stating the order of the city marshal, or his duly authorized agent, within ten

(10) days after service thereof, as provided herein, the city marshal, or his duly

authorized agent, shall take possession of said junked motor vehicle, and remove it

from the premises. If the notice is returned undelivered by the United States Post

Office, official action to abate said nuisance shall be continued to a date not less

than ten (10) days from the date of such return. The city marshal, or his duly

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authorized agent, shall thereafter dispose of said junked motor vehicle in such a

manner as the city commission may provide. However, if the owner or occupant of

said premises so desires, he may, within said ten (10) days period after service of

notice to abate the nuisance, request of the city marshal, either in person or writing

and without the requirement of bond, that a date and a time be set when he may

appear before the city commission for a hearing to determine whether or not he is in

violation of this section. If such request for hearing is made, no action to remove

said vehicle shall be taken pending the hearing.

Sec. 9.604: Notice to Abate - on Public Property.

Whenever any such public nuisance exists on public property within the city in violation of Sec.

9.602, the city marshal, or his duly authorized agent, shall order the owner of the junked motor

vehicle, where on such public nuisance exists, to abate or remove the same. Such order shall:

(A) Be in writing.

(B) Specify the public nuisance and its location.

(C) Specify the corrective measures required.

(D) Provide for compliance within ten (10) days from service thereof.

(E) The order shall be served upon the owner of the premises thereof, by serving him

personally or by sending said order by Certified United States Mail, return receipt

requested, to his address as shown on the current tax roll of the city. If the owner of

the junked motor vehicle fails and refuses to comply with the notice stating the order

of the city marshal, or his duly authorized agent, within ten (10) days after service

thereof, as provided herein, the city marshal, or his duly authorized agent, shall take

possession of said junked motor vehicle and remove it from the premises. If the

notice is returned undelivered by the United States Post Office, official action to

abate said nuisance shall be continued to a date not less than ten (10) days form the

date of such return. The city marshal, or his duly authorized agent, shall thereafter

dispose of said junked motor vehicle in such a manner as the city commission may

provide. However, if the owner of said premises so desires, he may, within said ten

(10) day period after service of notice to abate the nuisance, request of the city

marshal, either in person or in writing and without the requirement of bond, that a

date and time be set when he may appear before the city commission for a hearing to

determine whether or not he is in violation of this section. If such request for

hearing is made, no action to remove said vehicle shall be taken pending the

hearing. Nothing in this section shall affect laws that permit immediate removal of

a vehicle left on public property which constitutes an obstruction to traffic.

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Sec. 9.605: Hearing; Setting.

Upon receiving a request for a hearing made pursuant to sections 9.603 and 9.604, the city marshal,

or his duly authorized agent, shall set a date and time for such hearing before the city commission.

The city marshal, or his duly authorized agent, shall notify the owner of the vehicle or the

owner-occupant to the premises, as the case may be, in writing as to the date and time of such

hearing.

Sec. 9.606: Hearing; Conducting.

The city commission shall hear any case brought before it and as set out herein, determine whether

or not the subject vehicle is within the preview of this article. The city commission may summon

any witnesses or solicit any information which it deems necessary in determining the status of the

vehicle. If the city commission determines that the subject vehicle is junked, within the terms and

provisions of this section, the owner of said vehicle or the owner-occupant of the premises, as the

case may be, shall be ordered to remove or cause to be removed said vehicle from either public or

private property within five (5) days from the date of the order of the city commission. The order of

the city commission shall include a description of the vehicle, the correct identification number, and

the license number, if available.

Sec. 9.607: Filing Complaint.

If the order of the city commission is not complied with, the city attorney shall forthwith cause to

be prepared, filed, and served on the defendant, a written complaint charging that the owner of the

vehicle or the owner-occupant of the premises, as the case may be, has violated this article.

Sec. 9.608: Trial.

The judge of the municipal court shall hear any case brought before said court, and as set out

herein, shall determine whether or not the defendant is, in fact, in violation of this section. Upon

finding that the said defendant is in violation of this section, said defendant shall be found guilty of

a misdemeanor and subject to a fine in accordance with the provisions of this Code. The judge of

said court shall further order such offense removed and said nuisance abated within ten (10) days,

same being a reasonable time. If the defendant shall fail and refuse within ten (10) days to abate

and remove said nuisance, the judge of the municipal court may issue an order directing the city

marshal, or his duly authorized agent, to have the same removed and the city marshal, or his duly

authorized agent, shall take possession of said junked motor vehicle and remove it from the

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premises. The city marshal, or his~ duly authorized agent, shall thereafter dispose of said junked

motor vehicle in such manner as the city commission may provide.

Sec. 9.609: Removal of Junked Motor Vehicles with Permission.

The owner of the vehicle or the owner-occupant of the premises, as the case may be, if after receipt

of ten (10) days' notice from the city marshal, or his duly authorized agent, to abate the nuisance as

herein provided, may give his written permission to the city marshal for removal of the junked

motor vehicle and the giving of such permission shall be considered in compliance with the terms

and provisions of this section. Once a vehicle has been removed, it shall not be reconstructed or

made operable.

Sec. 9.610: Removal from Unoccupied Premises by Order of the Municipal Court. If there is

a junked motor vehicle as defined in Sec. 9.602 on premises that are unoccupied and the owner of

the premises is notified to remove same but cannot be found, then upon a showing of such facts to

the judge of the municipal court, the court may issue an order directing the city marshal, or his duly

authorized agent, to have the same removed, and the city marshal, shall take possession of said

junked motor vehicle and remove it from the premises. The city marshal shall thereafter dispose of

said junked motor vehicle in such manner as the city commission may provide.

Sec. 9.611: Notice to Texas Department of Highways and Public Transportation.

When a vehicle is removed from any premises by the city marshal, or his duly authorized agent,

notice shall be given to the Texas Department of Highways and Public Transportation within five

(5) days after the date of removal identifying the vehicle or part thereof, and requesting that said

department forthwith cancel the certificate of title to such vehicle pursuant to Article

6687-9,--Revised Civil Statutes of Texas, as amended.

Sec. 9.612: Declaration of Nuisance, and Duty to Impound.

Property other than a junked motor vehicle or obstruction, placed, left standing, parked, erected or

lying in violation of any ordinance of the city or left unattended for more than forty-eight (48)

continuous hours in or on any public street, alley, sidewalk, park, or other public place of the city is

declared to be a nuisance, and any such property when so found shall be removed summarily by any

policy officer of the city and taken to the police pound and shall be kept there until redeemed or

sold as herein provided.

Sec. 9.613: Lien on Impounded Property.

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The city shall have a lien on such impounded personal property for all cost incurred in impounding,

storing, and advertising such property and such lien shall be prior and superior to all other liens of

every kind, save and except liens for ad valorem taxes, and the city may retain possession thereof

until all costs are paid and may sell the same as herein provided.

Sec. 9.614: Redemption.

The owner or any person legally entitled to possession of such impounded personal property may

redeem the same as follows:

(A) Before Sale. By paying to the city marshal the impounding fee and any other actual

expenses incurred by the city in impounding and keeping the impounded property,

as determined by the city marshal.

(B) After Sale. By paying to the buyer at the auction sale double the amount paid by

him for such personal property and any reasonable expenses incurred by him for

keeping same; provided, the same property must be redeemed from the auction

buyer within thirty (30) days after the date of auction sale, excluding the date of

sale; otherwise, title to said property shall become absolute in the auction buyer.

Sec. 9.615: Sale of Property.

When any personal property, other than motor vehicles, is not redeemed within sixty (60) days after

being impounded and when any motor vehicle other than a junked motor vehicle is not redeemed

after compliance by the city marshal with the provisions of Sec. 9.617, the city marshal shall sell the

same at public auction to satisfy the lien of the city.

Sec. 9.616: Sale of Property - Procedure for Property Other Than Motor Vehicle.

Before selling such personal property, other than motor vehicles, the city marshal shall post two (2)

notices thereof, one at the United States Post Office, Ganado, Texas, and one (1) at the Ganado City

Hall, and shall cause a copy thereof to be published in the city's official newspaper once a week for

two (2) consecutive weeks, the date of the first publication to be at least fourteen (14) days prior to

the date of the auction sale. The notice of sale shall describe the impounded property, state that the

same is unredeemed, state that the same will be sold at public auction, designate the place of sale,

and state a time and date of sale which shall not be less than fourteen (14) days from the date of

posting such notices as herein required.

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Sec. 9.617: Sale of Property - Procedure as to Motor Vehicles.

When any motor vehicle has not been redeemed within thirty (30) days from the date of its

impounding, it shall be the duty of the city marshal to submit to the Texas Department of Highways

and Public Transportation and similar agency of the proper state when the vehicle is from another

state, all information in his possession concerning said vehicle and to request that said department

supply to him all information the records of the department contained on said vehicle. Immediately

on receipt of such information from said department the city marshal shall notify the owner and lien

holders as shown by the records of said department by registered mail with return receipt requested

that said vehicle has been impounded and of the provisions of this section in regard to redemption

and sale of impounded property. In the event a motor vehicle has not been redeemed with fifteen

(15) days from receipt of the return receipt or notice of non-delivery of said registered mail, the city

marshal shall prepare a notice of sale of such vehicle, in the manner described in the preceding

section, shall send a copy of said notice to owner and lien holders, as shown by the records of said

Department of Highways and Public Transportation, by registered mail, and shall post and advertise

said notices in the manner required in Sec. 9.616. Notice by registered mail to the address shown

on the records of said highway department shall constitute notice of the pending sale of such owner

and lien holders. When the city marshal is unable to ascertain the names of the owner and lien

holders, and the motor vehicle has not been redeemed within forty-five (45) days from its

impounding, no notice of sale other than posting and advertising as herein prescribed shall be

required.

Sec. 9.618: Sale of Property - Conduct of.

When any impounded property, including motor vehicles, is not redeemed by the date and time

designated in the notice of sale, the city marshal shall sell such property at public auction, and, as

city auctioneer, shall execute bill of sale of said property to the purchaser thereof; provided, he shall

not execute or deliver any but a conditional bill of sale unless and until the title of said buyer has

become absolute by an expiration of thirty (30) days in time, exclusive of the date of sale, without

being redeemed by the owner of the impounded property.

Sec. 9.619: Sale of Property - Disposal of Proceeds.

After deducting the impounding fee and all other actual expenses incurred by the city in

impounding, storing, and selling of said property, as determined by the city marshal not to exceed a

reasonable amount for each impounded article, he shall pay the balance of the proceeds of such

sale, if any, to the owner of the property. If the owner fails to call for such proceeds they shall be

paid into the city treasury. Within six (6) months after such auction sale, the owner may apply in

writing to the city marshal, and upon satisfactory proof of ownership, shall be entitled to receive the

amount of the proceeds delivered to the city treasurer.

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Sec. 9.620: Sale of Property - Junk.

Impounded property which is offered for sale at public

auction in accordance with the procedure herein prescribed and upon which no person bids, shall

thereafter be sold or otherwise disposed of as junk. Money received for junk property shall be

disposed of in the same manner as proceeds from an auction sale under this section.

Sec. 9.621: Records; Fees as Set.

(A) The city marshal shall keep a record book which shall contain a description of all

property impounded, the date and time of such impounding, the date notices of sale

were posted and advertised and mailed to owners and lien holders, the return of

receipts of registered notices, the date of sale at auction, the amount realized for

each article at such sale, the name and address of the owner and lien holders, if

known, the name and address of the auction buyer, and any such other information

as he may deem necessary.

(B) The fee charged under this section shall be set by the city commission and shall be

paid into the city treasury.

Sec. 9.622: Animals Excluded.

Nothing herein shall apply to, alter or affect the provisions of any section of the City Code

regulating the impounding and sale of livestock, fowl, dogs, or other animals.

(Provision for inclusion of Article 9.600 of chapter 9, provided for by ordinance adopting Code.)

ARTICLE 9.700 RAILROADS

Sec. 9.701: Construction of Crossings.

It shall be the duty of all railroad companies and managers thereof owning or controlling railroads

within the city and operating trains thereon, to provide crossings of easy access and suitable for the

use of street traffic. Such crossings shall be constructed of concrete, vitrified brick, or other

permanent paving materials satisfactory to the city, and must be so constructed as to be of easy

access and reasonably smooth.

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Sec. 9.702: Maintenance of Crossings.

It shall be the duty of each railroad company whose line or tracks are constructed within the

corporate limits of the city to put in good repair and to maintain in good condition all streets or

parts of streets through or over which its lines of tracks may run and to keep the same free from

obstructions of every kind, which repair and maintenance shall be made and constructed under the

direction and supervision of the city.

Sec. 9.703: Obstruction of Railroad Crossings.

Any officer, agent, servant, or receiver of any railway company who willfully obstructs for more

than fifteen (15) minutes at any one (1) time any one (1) street, railway crossing, or public highway

by permitting a train to stand on or across such crossing, shall be fined as provided for in this Code.

Sec. 9.704: Warning Devices at Crossings.

Every railroad company which has railroad tracks which run through the city, or any portion

thereof, shall be required to erect, place or construct warning devices approved by the city at all

crossings of such tracks over streets, alleys, or other public ways within the city as shall be required

by the city commission. Upon receipt of notice by registered mail, return receipt requested, from the

city to such railroad company directing such company to so erect, place or construct such warning

device, it shall be unlawful for such railroad company to fail to comply within sixty (60) days after

receipt of such notice. Every gate, guard, or other warning device erected at railroad crossings and

the approaches thereto shall be erected and constructed under the supervision of the city engineer at

the sole cost and expense of the railroad company, and the same shall thereafter be kept and

maintained by the railroad company at its own cost and expense under the supervision of the city,

but without cost or expense to the city.

Sec. 9.705: Obstructing of City Drainage.

It shall be unlawful for any railroad company to obstruct the drainage of the city in any way or by

any means whatsoever.

Sec. 9.706: Rights-of-Way to be Maintained.

It shall be the duty of all railroad companies to maintain all railroad rights-of-way in a clean and

unobstructed manner to permit adequate vision clearance at all crossings. All rights-of-way shall be

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kept free of weeds and other debris which are capable of being ignited by sparks from trains.

(Provision for inclusion of Section 9.700 of Chapter 9 provided for in ordinance adopting code)

ARTICLE 9.800 TRUCK ROUTES

Sec. 9.801: Authority to Establish.

The public works director, as authorized from time to time by the city commission, may designate

such truck routes within the city as may be necessary for the proper flow of traffic through the city.

Sec. 9.802: Compliance Required.

It shall be unlawful for any truck with the gross vehicular weight rating of over twelve thousand

(12,000) pounds (or eighteen thousand [18,000) pounds gross cargo weight rating in the case of a

truck trailer or tractor trailer unit) to use, travel upon or be driven over any street, avenue or

highway with the city not designated as a truck route; provided, however, that if the point of origin

or destination (for commercial purposes only) for any such truck shall be off such truck route, then

such truck may proceed by the shortest possible route to the nearest truck route.

Sec. 9.803: Designation of Truck Routes.

The following streets and highway, or portions thereof, are hereby designated as authorized truck

routes, to-wit:

(A) State Highway 172 (Third Street).

(B) U.S. Highway 59 Business (York Street).

(C) Buechman Road

(D) Menefee Street

(E) McFarland Street

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(F) Sixth Street, that portion between York Street (U.S. 59 Business) and Menefee

Street.

(G) Fourth Street, that portion between York Street (U.S. 59 Business) and Devers

Street.

(Ordinance No. 131 of April 2, 1985)

(H) Devers Street, that portion between Fourth Street and Third Street.

(Ordinance No. 180 of July 25, 1989)

(I) Babcock Street

(J) Heard Street, that portion from Babcock Street east to City Limits.

(K) Second Street, that portion from York Street to McFarland Street.

(L) Marx Street.

(M) Third Street.

Sec. 9.804: Posting of Notice and Signs.

The public works director shall cause to be placed within the city limits appropriate signs indicating

authorized truck routes as approved by the city commission.

(Ordinance No. 131 of April 2, 1985)

ARTICLE 9.900 ABANDONED STREETS

Sec. 9.901: Abandonment of Portion of Elvine Street.

That the following described section of Elvine Avenue, North Ganado Addition, City of Ganado,

Jackson County, Texas, be abandoned as a public street, road, avenue or thoroughfare; however the

City of Ganado shall maintain ownership and possession of said following described property,

to-wit:

BEGINNING at the southeast corner of Lot 20, Block 30 in North Ganado Addition,

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thence west 140 feet to the southwest corner of Lot 20, Block 30, thence south 60

feet to the northern boundary line of Block 31, thence east 140 feet to the northeast

corner of Block 31 and the west boundary line of Brown Street, thence north along

the west boundary of Brown Street 60 feet back to the point of beginning, being a 60

foot by 140 foot tract of land out of Elvine Avenue between the east 1/2 of Block 30

and the east 1/2 of Block 31.

That excepted from this abandonment is the right of the City of Ganado to use all or any part of said

abandoned street, avenue or road for the purpose of placing, constructing, operating, maintaining,

rebuilding, replacing, relocating, and removing water lines, sewer lines, utility lines,

telecommunication lines, and/or a drainage ditch, it being the intention of the City of Ganado to

reserve unto itself and its successors and assigns the right to place, construct, operate, maintain,

rebuild, replace, relocate, and remove water lines, sewer lines, utility lines, telecommunication

lines, and/or a drainage ditch.

(Ordinance No. 233 of October 5, 1994)

Editor's Note: This property was sold by the City in Ordinance No. 250 of January 11, 1995; however the City retained the

right to place, construct, operate, maintain, rebuild, replace, relocate, and remove water lines, sewer lines, utility lines,

telecommunications, and/or a drainage ditch on the property.

Section 9.902: That the following described section and portion of the alley north of Block 10

of the City of Ganado, Jackson County, Texas, and south of Block 1 Lot 1, North Ganado

addition be abandoned as an alleyway. Said property being described as follows, to-wit;

BEING a 0.0298 acre tract of land, more or less, being out of a twenty foot (20')

wide alley as depicted on the map or plat of the North Ganado Addition to the Town

of Ganado situated between the Original Town of Ganado and Lot 1 Block 1 of the

said North Ganado Addition to the Town of Ganado, said 0.0298 acre tract of land

being more particularly described as follows, to-wit:

BEGINNING at the Northwest corner of Block 10 of the Original Town of Ganado

as depicted on the map or plat of the Original Town of Ganado as duly recorded in

Vol. N Page 81 of the Deed Records of Jackson County, Texas;

THENCE in a easterly direction, along and on northern boundary line of Block 10

of the Original Town of Ganado, also being along and on the southern boundary line

of a twenty foot (20') wide alley as depicted per the map or plat of the North Ganado

Addition to the Town of Ganado as duly recorded in Vol. V, Page 179 of the Deed

Records of Jackson County, Texas, said subject alley being located South of Lot 1

of Block No. 1 of the North Ganado Addition to the Town of Ganado, a distance of

sixty five feet (65') to the Northeast corner of said block 10 of the Original Town of

Ganado, being the Southeast corner of this tract;

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THENCE North, parallel to County Road 254, a distance of twenty feet (20') to the

north boundary line of the aforedescribed alley and the southern boundary line of

Lot 1 of Block 1 of the North Ganado Addition to the Town of Ganado, for the

Northeast corner of this tract;

THENCE, in a westerly direction, along and on the northern boundary line of the above

described alley and the southern boundary of Lot 1 of Block 1 of the North Ganado

Addition to the town of Ganado, a distance of sixty five feet (65') and to the southeast

corner of Lot 1 of Block 1 of the North Ganado Addition to the Town of Ganadom, for the

Northwest corner of this tract;

THENCE, in a southerly direction, along and on the east boundary line of County Road

254, a distance of twenty feet (20') back to the POINT AND PLACE OF BEGINNING,

CONTAINING .0298 acres of land, more or less.

Severability Clause

If any portion of this ordinance is held unconstitutional by a court of competent jurisdiction,

the remaining provisions hereof shall nevertheless be valid, the same as if the portion or portions

held unconstitutional had not been adopted.

All ordinances and resolutions and parts thereof heretofore adopted and in conflict herewith

be and the same are hereby expressly repealed in so far as they conflict herewith.

(Ordinance No. 292 of January 12, 1999).

Sec. 9.903: That the following described section and portion of the alley north of Block 10 in

the Original Town of Ganado and South of the North Ganado Addition, and a portion of

Davis Street in the Original Town of Ganado BE ABANDONED as an alley and street. Said

property to be abandoned as a street and alley being described as follows, to-wit:

Being 0.13 of an acre situated in and a part of an existing twenty (20) foot

wide alley adjacent to Lot one (1), Block One (l) of the North Ganado

Addition to the Town of Ganado as shown on a plat recorded in Volume V,

Page 179 of the Deed Records of Jackson County, Texas, and a portion of

Davis Street adjacent to Block Ten (l0) of the Original Town of Ganado as

shown on a plat recorded in Volume N, Page 81 of the Deed Records of

Jackson County, Texas. This 0.13 or an acre is more fully described by

metes and bounds as follows;

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COMMENCING at a 5/8 inch iron rod found for the Southwest

corner of said Lot One (1), Block One (1), North Ganado Addition;

THENCE, S 00 degrees, 00' 00" E (bearing reference line) with the

East line of County Road No. 254 a distance of 645.00 feet to a 5/8

inch iron rod set for the PLACE OF BEGINNING of this 0.13 of an

acre, also being the Southwest corner of Block Ten (10), Original

Town of Ganado;

THENCE, N 56 degrees, 01' 16" E (deed call = N 55 degrees, 30' 00"

E) with the common line of Block Ten (10) and Davis Street

(undeveloped) a distance of 78.29 feet to a 5/8 inch iron rod set in

the South line of said alley for a corner of this 0/13 of an acre;

THENCE, N 00 degrees, 12' 50" E (deed call = N 00 degrees, 00' 00"

E) crossing said alley with the common line of this tract and a tract

of land recorded in Volume 1`32, Page 144 of the Official Records

of Jackson County, Texas, a distance of 20.00 feet to a 5/8 inch iron

rod set for the Northwest corner of this 0.13 of an acre;

THENCE, S 00 degrees, 00' 00" E crossing said alley and Davis

Street a distance of 26.99 feet to a 5/8 inch Iron rod set in the center

of Davis Street for the Southeast corner of this 0.13 of an acre;

THENCE, S 56 degrees, 01' 16" W (deed call = S 55 degrees, 30'

00" W) with the center of Davis Street a distance of 146.33 feet to a

5/8 inch iron rod set in the East line of County Road No. 254 for the

Southwest corner of this 0.13 of an acre;

THENCE, N 00 degrees, 00' 00" W with the East line of County

Road No. 254 a distance of 45.22 feet to the PLACE OF

BEGINNING; CONTAINING within these metes and bounds 0.13

of an acre;

Severability Clause

If any portion of this ordinance is held unconstitutional by a court of competent

jurisdiction, the remaining provisions hereof shall nevertheless be valid, the same as if the portion

or portions held unconstitutional had not been adopted.

All ordinances and resolutions and parts thereof heretofore adopted and in conflict

herewith be and the same are hereby expressly repealed in so far as they conflict herewith.

(Ordinance No. 296 of July 13, 1999).

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Section 9.904: That the portion of an alley in Block 18 of the Original Town of Ganado,

Jackson County, Texas, as shown on plat recorded in Vol. N, Page 81, of the Deed Records of

Jackson County, Texas, that abuts lots One (1), Two (2), Three (3), Ten (10), Eleven (11) and

Twelve (12) of said Block 18 of said Original Town of Ganado BE ABANDONED as an alley.

Severability Clause

If any portion of this ordinance is held unconstitutional by a court of competent jurisdiction,

the remaining provisions hereof shall nevertheless be valid, the same as if the portion or portions

held unconstitutional had not been adopted.

Ordinance No. 319 April 10, 2001.

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CHAPTER 10

Table of Contents UTILITIES

Article 10.100: Water Service Rates 10- 2

10.101 Water Use Fees for Customers Within City Limits 10-2

10.102 Water Use Fees for Customers Outside City Limits 10-2

Article 10.200: Water and Sewer Tap Fees 10-

3

Article 10.300: Sewer User Charge 10- 5

Article 10.400: Meter Deposits 10- 6

Article 10.500: Utility Billing Procedures 10- 6

Article 10.600: Contracts for Wholesale Purchase 10- 7

Article 10.700: Private Lines 10- 7

Article 10.800: Temporary Termination of Service 10- 8

Article 10.900: Tampering with Meters 10- 8

Article 10.1000: Fire Hydrant Use Restricted 10- 8

Article 10.1100: Water and Sewer Main Extension

Policy 10- 9

Article 10.1200: Water and Sewer Service

Mandatory 10- 9

Article 10.1300: Water Connections to Insure

Against Back Flows 10-10

Article 10.1400: Surface Runoffs Not to be

Connected to Building Sewer 10-10

Article 10.1500: Persons Not to Disturb Public

Sewer 10-10

Article 10.1600: Water Closet Required for

Each Building 10-10

Article 10.1700: Drains Connected to Sewer

System Required 10-10

Article 10.1800: Illegal Uses of Public Sewer 10-11

Article 10.1900: Obstruction of Sewer System,

Drains, and Gutter Prohibited 10-11

Article 10.2000: Sewer Connections to be Watertight 10-12

Article 10.2100: Customers Responsible for

Preventing Infiltration 10-12

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Article 10.2200: Water Rationing Plan 10-12

Article 10.2300: Water Wells 10-14

Article 10.2400: Water Meter Checking Service 10-18

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ARTICLE 10.100 WATER SERVICE RATES

Sec. 10.101: Water Use Fees for Customers Inside City Limits.

There shall be charged for water service provided by the city for each month the following rates:

(A) First 2,000 gallons ............................ $ 17.50 minimum for 3/4" tap

Over 2,000 gallons ............................. $ 2.80 per 1,000 gallons

(B) First 2,000 gallons ............................ $ 20.75 minimum for 1" tap

Over 2,000 gallons ............................ $ 2.80 per 1,000 gallons

(C) First 2,000 gallons ............................ $ 26.30 minimum for 1-1/2" tap

Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons

(D) First 2,000 gallons ............................. $ 31.90 minimum for 2" tap

Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons

(E) First 2,000 gallons ............................. $ 47.70 minimum for 3" tap

Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons

(F) First 2,000 gallons ............................. $ 71.05 minimum for 4" tap

Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons

Sec. 10.102: Water Use Fees for Customers Outside City Limits.

There shall be charged for water service provided to customers outside the city limits for each

month the following rates:

(A) First 2,000 gallons ............................. $ 29.00 minimum for 3/4" tap

Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons

(B) First 2,000 gallons ............................. $ 35.50 minimum for 1" tap

Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons

(C) First 2,000 gallons ............................. $ 46.60 minimum for 1-1/2" tap

Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons

(D) First 2,000 gallons ............................. $ 47.80 minimum for 2" tap

Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons

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(E) First 2,000 gallons ............................. $ 89.40 minimum for 3" tap

Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons

(F) First 2,000 gallons ............................. $136.10 minimum for 4" tap

Over 2,000 gallons .............................. $ 2.80 per 1,000 gallons

(Ordinance No. 356 of November 8,2005)

ARTICLE 10.200 WATER AND SEWER TAP FEES

Sec. 10.201: Tap Connection Fees.

The following tap fees for connection to the city water and sewer system are hereby established:

(A) SEWER TAPS:

(1) 4" sewer tap ............................ $ 300.00

(2) 6" sewer tap ............................ $ 400.00

(B) WATER TAPS:

(1) 3/4" water tap .......................... $ 245.00

(2) 1" water tap ............................ $ 320.00

(3) 1 - 1/2" water tap ...................... $ 510.00

(4) 2" water tap ............................ $ 690.00

(C) All fees above include up to ninety (90) feet of service lines in city easements or

right-of-ways. Extra charges will be made for all service lines over ninety (90) feet.

A street repair charge of ten dollars ($10.00) per square yard will be added to

tapping fees as needed.

(D) All meters installed after the effective date hereof will have cut-off valves on both

sides of the meter and a check valve will be installed on the customer's side of the

meter, all included in the fee schedule set out above.

(E) Any upgrade of meter placed in service prior to December 1, 1996 will include a

cut-off valve and check valve on the customer side of valve box and the fees for said

upgrade shall be as follows, to-wit:

(1) 3/4" meter ................................. $ 50.00

(2) 1" meter ................................... $ 70.00

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(3) 1 1/2" meter .............................. $ 165.00

(4) 2" meter ................................... $ 250.00

(Ordinance No. 300 November 9, 1999.)

Sec. 10.202: Tap Connection Fees for Second Connection.

The following tap fees and water rate for a second connection for non-commercial purposes to a

tract, lot or parcel of land within the city water system from an existing service line located on

customer property are hereby established.

(A) WATER TAPS:

(1) 3/4" water tap ................................ $ 125.00

(2) 1" water tap .................................. $ 180.00

(3) 1 - 1/2" water tap ........................... $ 275.00

(4) 2" water tap .................................. $ 370.00

(5) 3" water tap ................................... $640.00

(6) 4" water tap ................................. $1,035.00

(B) WATER RATE FOR SECOND METER

(1) First 2,000 gallons ....................... $ 11.00 minimum for 3/4" tap

Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons

(2) First 2,000 gallons ....................... $ 12.35 minimum for 1" tap

Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons

(3) First 2,000 gallons ....................... $ 14.70 minimum for 1 1/2" tap

Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons

(4) First 2,000 gallons ....................... $ 17.15 minimum for 2" tap

Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons

(5) First 2,000 gallons ....................... $ 23.95 minimum for 3" tap

Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons

(6) First 2,000 gallons ....................... $ 34.00 minimum for 4" tap

Over 2,000 gallons ....................... $ 2.80 per 1,000 gallons

(Ordinance No. 358 January 10,2006).

(C) Water is to be used a non-potable water source. Under no circumstances shall the

non-potable source be used for a potable use. A back-flow preventer shall be

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installed on all non-potable connections.

(Ordinance No. 358 of January 10, 2006)

ARTICLE 10.300 SEWER USE CHARGE

Sec. 10.301: FEES FOR CUSTOMERS INSIDE CITY LIMITS:.

There shall be charged for sewer service as provided by the city each month to customer's inside the

City limits, based on the actual water consumption for each respective customer's monthly billing

period at the following monthly rates:

(A) First 2,000 gallons ....................... $ 13.50 minimum for 3/4" tap

Over 2,000 gallons ....................... $ 1.85 per 1,000 gallons

(B) First 2,000 gallons ....................... $ 15.75 minimum for 1" tap

Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons

(C) First 2,000 gallons ....................... $ 19.65 minimum for 1 1/2" tap

Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons

(D) First 2,000 gallons ....................... $ 23.50 minimum for 2" tap

Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons

(E) First 2,000 gallons ....................... $ 39.30 minimum for 3" tap

Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons

(F) First 2,000 gallons ....................... $ 62.70 minimum for 4" tap

Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons

(Ordinance no. 321 September 11,2001)

PROVIDED HOWEVER AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, the fee for sewer use charge for RESIDENTIAL CUSTOMERS ONLY shall not exceed the then current rate for eighteen thousand six hundred gallons per monthly billing period. (Amended Ordinance 329 November 12, 2002)

Sec. 10.302: Fees for Customers Outside City Limits:

There shall be charged for sewer service as provided by the city each month to customer's outside

the City limits, based on the actual water consumption for each respective customer's monthly

billing period at the following monthly rates:

(A) First 2,000 gallons ....................... $ 21.50 minimum for 3/4" tap

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Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons

(B) First 2,000 gallons ....................... $ 26.00 minimum for 1" tap

Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons

(C) First 2,000 gallons ....................... $ 33.80 minimum for 1 1/2" tap

Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons

(D) First 2,000 gallons ....................... $ 41.50 minimum for 2" tap

Over 2,000 gallons ........................ $ 1.85 per 1,000 gallons

(E) First 2,000 gallons ....................... $ 73.10 minimum for 3" tap

Over 2,000 gallons ....................... $ 1.85 per 1,000 gallons

(F) First 2,000 gallons ....................... $ 119.90 minimum for 4" tap

Over 2,000 gallons ....................... $ 1.85 per 1,000 gallons

(Ordinance No. 356 November 8,2005)

ARTICLE 10.400 METER DEPOSITS

Sec. 10.401: Amount of Deposit.

All applicants for water service shall deposit with the city, as a guarantee of payment of utility bills,

the following meter deposits for each meter installed:

(A) Residential and Small Business - $ 75.00

(B) Nyes Courts - $800.00

(C) All Motel and Apartment Complexes - Number of living units times the then

residential deposit rate

(D) All Other - $150.00

Sec. 10.402: Refunds.

Meter deposits shall be refunded only when a customer discontinues service and after deducting

any unpaid balances due city. No interest shall be paid to the customer on meter deposits.

(Ordinance No. 164 of September 6, 1988)

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ARTICLE 10.500 UTILITY BILLING PROCEDURES

All accounts shall be payable at the City Hall in the City of Ganado, Texas. The City Clerk shall

cause to be prepared and mailed statements of water, sewer, and garbage service on the last

business day of each month. Accounts are due and payable on the 12th day of the month following

said statement, and any account not paid by the 12th day of that month shall carry a ten percent

(10%) penalty. All accounts not paid by the 12th day of the month when due shall be considered

delinquent. If the 12th day of the month falls on either a Saturday or Sunday, then the account is

due and payable in full on the next business day following the 12th day of said month. All services

on delinquent accounts not paid on or before the 21st day of the month shall be disconnected or

discontinued on the 22nd day of the month. An additional Twenty-Five Dollar ($25.00) late fee

will be added to the customers account if the account is not paid in full on or before 4:30 p.m. on

the 21st day of the month due whether or not service has been actually disconnected or

discontinued. If the 21st day of the month falls on a weekend or holiday, said date shall be

extended to 4:30 p.m. on the next business day of the City of Ganado. If Twenty-Five ($25.00)

must be collected before service will be restored. Monthly statements shall include a written notice

advising customers of the date accounts are due and payable, the penalty and late fee for delinquent

accounts, the date services shall be disconnected or discontinued on delinquent accounts. No

further notice, written or otherwise, shall be required to be mailed or delivered to delinquent

account customers. Additionally, a transfer fee of twenty-five ($25.00) shall be collected for the

disconnection of one (1) tap and the connection of another tap. Said fees will only be accepted and

credits applied during regular business hours of 8:00 a.m. to 4:30 p.m., Monday thru Friday

inclusive, excluding holidays. The City of Ganado shall not be required to reconnect or reinstate

any services whatsoever if the aforedescribed fees are not paid at the place provided hereinabove or

during the hours provided hereinabove.

(Ordinance No. 291 of November 17, 1998)

ARTICLE 10.600 CONTRACTS FOR WHOLESALE PURCHASE

Wholesale or bulk sale of water shall be provided at rates to be established at the discretion of the

city commission. Such fee schedule shall be available through the Director of Public Works or the

City Secretary.

(Ordinance No. 275 of December 9, 1997)

ARTICLE 10.700 PRIVATE LINES

Sec. 10.701: Definitions

(A) Private Water Lines. The water supply line from the water meter to the structure it

is connected to.

(B) Private Sewer Lines. The sewer line from the property line of land owner to the

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structure it is connected to.

Sec. 10.702: Private Water & Sewer Lines Repaired at Expense of Owner.

All private water and private sewer lines shall be maintained by and at the expense of the owner. If

the director of public works feels it is in the best interest of the city, he may authorize city personnel

to work on private water and sewer lines with the owner of the property being responsible for such

fees to be paid to the city at rates currently approved by the city commission. Such fee schedule

shall be available through the Director of Public Works or the City Secretary.

Sec. 10.703: Fees Added to Billing.

These fees will be added to the monthly utility bill as provided for in Section 10.500, payable in

equal monthly installments with a minimum of twenty dollars ($20.00) month and payable over no

longer than a six (6) month period.

Sec. 10.704: Director of Public Works Decision Controls.

Whether or not work performed, or to be performed, by city personnel on private water and sewer

lines, is or is not in the city's best interest, shall be in the absolute discretion of the Director of

Public Works.

Sec. 10.705: Additional Repairs Responsibility of Owner.

Any blockage or stoppage in the sewer line which occurs between landowner's property line and its

junction with the main sewer line which is caused by the negligent act of the land owner, his guests,

invitees, servants or employees, shall be repaired under the direction of the director of public works

at the expense of the property owner. Said cost of repairs to be determined by the fee schedule

established by Sec. 10.702 of this chapter and billed according to Sec. 10.703 of this chapter.

(Ordinance No. 275 of December 9, 1997).

ARTICLE 10.800 TEMPORARY TERMINATION OF SERVICE

The Director of Public Works may, at any time, without notice, order the water cut off for repairs,

extension, or other purposes from any premises connected to the system. Any other temporary

disconnect of water, at the request of the customer, for any reason whatsoever, will incur a

twenty-five dollar ($25.00) fee, which will include the subsequent reconnection water services.

(Ordinance No. 267 of February 6, 1997)

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ARTICLE 10.900 TAMPERING WITH METERS

It shall be unlawful for any person other than those authorized by the city to connect, disconnect,

move, or tamper with any meter, or to turn on or off the water at the curb cock, valve, or meter; or

to open or tamper with any meter box.

ARTICLE 10.1000 FIRE HYDRANT USE RESTRICTED

Fire hydrants shall be provided for the sole purpose of use in extinguishing fires, and shall be used

or opened only by the water and fire departments or such persons as may be given authority by the

city commission.

ARTICLE 10.1100 WATER AND SEWER MAIN EXTENSION POLICY

Sec. 10.1101: (a) Extension of Water & Sewer Mains. Upon written request made therefor, the

city shall extend water and sanitary sewer mains in the streets or alleys, or easements furnished

therefor within the corporate limits of the city to the closest point where the owner's property abuts

said public street, alley, easement or right-of-way from existing water and sanitary sewer mains

servicing said area, such to be a no cost or expense to the owner, except for the tap fees provided

for in this Chapter, if the property to which the water and sanitary sewer main extension is

requested HAS NOT been partitioned divided or subdivided into more tracts than existed as of

May 1, 1999. If the subject property has existed as of May 1, 1999, the water and sanitary sewer

main extension shall be at no cost to the owner to the same point above described as the subject

property existed as of May 1, 1999 and any entension if requested past said above described point

shall be at the sole cost and expenses of the owner as calculated by the City Public Works Director.

PROVIDED HOWEVER AND NOTWITHSTANDING ANYTHING TO THE CONTRARY

HEREIN, said water and sanitary sewer main extension to be provided for at no cost as provided

above shall be of the type and quality to service one (1) residential single family dwelling. If the

owner needs or requires a larger sized water and/or sanitary sewer main, said additional costs, as

calculated by the City Public Works Director, shall be paid by the owner to the City prior to the

commencement of said extension.

Severability Clause

If any portion of this ordinance is held unconstitutional by a court of competent jurisdiction,

the remaining provisions hereof shall nevertheless be valid, the same as if the portion or portions

held unconstitutional had not been adopted.

(Ordinance NO. 289 of November 17, 1998)

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Sec. 10.1102: Size, Location and Specifications. The city shall specify sizes, locations, and

specifications of all water and sewer improvements made hereunder, and after they are installed,

shall own and maintain the same.

ARTICLE 10.1200 WATER AND SEWER SERVICE MANDATORY

Where water and sewer service is deemed by the city to be available, it shall be required that all

citizens owning buildings and residences connect to said system. Said connections shall be made

after payment of applicable tap fees and connection shall be made in accordance with city plumbing

standards and the provisions of this chapter.

ARTICLE 10.1300 WATER CONNECTIONS TO INSURE AGAINST BACKFLOWS

No subscriber or purchaser of municipal water residing within the City of Ganado shall permit any physical connection to be made between the water distribution system of the City of Ganado to any sprinking, condensing, cooling, plumbing, or any other system unless said connection is of such a design as will insure against any back flow or siphonage of sewage, untreated water or contaminated water from said systems into the distribution system of the City of Ganado. An annual test must be performed on an approved back flow prevention device by a state certified back flow assembly tester to insure that the device is operating properly all at the cost and expense of the subscriber or purchaser. The City of Ganado reserves the right to terminate water service for noncompliance. (Amended by Ordinance 325 January 8, 2002)

ARTICLE 10.1400 SURFACE RUNOFFS NOT TO BE CONNECTED TO

BUILDING SEWERS

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains,

or other sources of surface runoff or groundwater to a building sewer or building drain which in

turn is connected directly or indirectly to a public sanitary sewer. "Building Sewer" means the

extension from the building drain to the public sewer.

ARTICLE 10.1500 PERSONS NOT TO DISTURB PUBLIC SEWER

No unauthorized person shall uncover, make any connections with or opening into, use, alter, or

disturb any public sewer or appurtenance thereof without first obtaining a written permit from the

director of public works or other authorized city official.

ARTICLE 10.1600 WATER CLOSET REQUIRED FOR EACH BUILDING

It shall be unlawful for the owner or occupant of any building, any part of which is within the

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sanitary district, or any portion of which is used for any purpose during any portion of the day, to

fail to have at least one (1) water closet connection with the public sewer.

ARTICLE 10.1700 DRAINS CONNECTED TO SEWER SYSTEM

REQUIRED

It shall be unlawful for the owner or occupant of any building within the sanitary district, in which

food is cooked or clothing is washed, to fail to have a suitable sink, slop stone, or hopper for the

reception of water and connect same to sanitary sewers.

ARTICLE 10.1800 ILLEGAL USES OF PUBLIC SEWER

Sec. 10.1801:

It shall be unlawful to throw or allow to be thrown or deposited upon the surface of the ground, or

in any hole or vault in or under the surface of the ground in the sanitary district, except in the proper

and necessary manuring of the soil, any water which has been used for domestic or manufacturing

purposes, or any liquid, or any solid filth, feces, or urine.

Sec. 10.1802:

It shall be unlawful to throw or deposit, or cause to be thrown or deposited, in any vessel, or

receptacle connected with the public sewer, any newspaper, garbage, hair, fruit, ashes, vegetable

peelings, or refuse, rags, cotton, cinders, or any kind of matter or materials, except feces, urine, and

the necessary closet paper and liquid slops.

Sec. 10.1803:

It shall be unlawful to fail or refuse to connect with the sanitary sewer all washstands or slop stands

in house or yard, within the sanitary district, or to allow any slops, wash or waste water of any kind

to flow over the pavement or under the pavement into the streets or alleys. The property owner or

plumber or both, shall be held responsible for any injuries the plumber shall cause to the owner or

street in making such connections.

Sec. 10.1804:

It shall be unlawful for any person or corporation to connect any open gutter, cesspool, privy, vault,

or cistern with any public sewer or any private sewer connected with the public sewer.

Sec. 10.1805:

It shall be unlawful for any person or corporation to deposit any garbage, offal, dead animals, filth,

or any substance having a tendency to obstruct the flow of sewage in any man hole, lamp hole, flush

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tank or sewer opening.

ARTICLE 10.1900 OBSTRUCTION OF SEWER SYSTEM, DRAINS OR GUTTERS

PROHIBITED

It shall be unlawful for any person or persons to obstruct or in any way obstruct or injure any

of the pipes, drains, gutters or machinery belonging to or connected with the sewer system of the

City of Ganado, Texas, or in any way whatsoever place anything that will injure or obstruct the

operations of said system, or any pipes, drains, gutters or machinery connected with the operation of

said system. Whoever shall obstruct or in any way obstruct or injure any pipes, drains, gutters or

machinery in this city, so as to prevent the free flow of water therein, shall be deemed guilty of a

misdemeanor.

(Ordinance No. 174 of June 1, 1989 amended Section 19)

ARTICLE 10.2000 SEWER CONNECTIONS TO BE WATERTIGHT

All service lines from customers buildings to sewer main lines shall be watertight and provided

with proper watertight cleanouts at all places where line changes directions at more than forty-five

(45) degrees. All cleanouts shall not be greater than a forty-five (45) degree angle. On any new

sewer connections or replacement lines all cleanouts shall not be' constructed closer than eight (8)

feet from any building or structure and shall be placed just below ground level. Furthermore, all

holes cut in existing lines shall be patched immediately with watertight cement patch covering at

least three-fourth (3/4) way around pipe and six (6) inches either side of hole in pipe.

(Ordinance No. 183 of December 21, 1989 amended Section 20)

ARTICLE 10.2100 CUSTOMERS RESPONSIBLE FOR PREVENTING INFILTRATION

All service lines tied into city owned sewer mains shall be inspected from time to time and any

found to be not properly sealed and allowing surface water infiltration will be condemned until

proper repairs are made. Customers will be notified of condition of line and granted ten (10) days in

which to make proper repairs. If proper repairs are not made within ten (10) days, the violator shall

be subject to a fine of not less than twenty dollars ($20.00) nor more than two hundred dollars

($200.00), each day being a separate offense.

(Provision for inclusion of Sections 10.600-10.2100 of Chapter 10 provided for in Ordinance

adopting Code unless otherwise noted)

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ARTICLE 10.2200 WATER RATIONING PLAN

Sec. 10.2201: Declaration of Emergency.

(A) The Mayor, or acting Mayor in the Mayor's absence from Jackson County, shall

have the authority, without delay to declare the existence of an emergency upon the

Mayor's determination of the existence of a, water supply shortage or water pressure

deficit, whereupon immediately after the Mayor's declaration of emergency,

Subsections B through F hereof, inclusive, shall become in full force and effect.

Said declaration of emergency as made by the Mayor shall be put in written form

and posted on the official bulletin board in the City Hall for so long as said

declaration of emergency shall remain in force and effect. Notice of the declaration

of emergency shall also be published once weekly in a newspaper of general

circulation in the City of Ganado for two (2) consecutive weeks

(B) The declaration of an emergency by the Mayor as provided in Subsection A(l), shall

continue in full force and effect until the City Council shall at a regular, or called

special meeting, determine that a need no longer exists for the emergency water

rationing and thereafter, upon a majority vote, terminate the Mayor's declaration of

emergency. Once so terminated, the City Council shall cause the posted notice on

the official bulletin board in the City Hall to be removed and further cause a notice

to the public of its termination to be placed once in a newspaper of general

circulation in the City of Ganado.

(C) The Mayor, or acting Mayor in the Mayor's absence from Jackson County, shall

have the authority, without delay to declare the existence of an extreme emergency

upon the Mayor's determination of the existence of a water supply shortage or water

pressure deficit, whereupon immediately after the Mayor's declaration of extreme

emergency, Subsection B through F inclusive, shall become in full force and effect.

Said declaration of extreme emergency as made by the Mayor shall be put in written

form and posted on the official bulletin board in the City Hall for so long as said

declaration of extreme emergency shall remain in force and effect. Notice of the

declaration of extreme emergency shall also be published once weekly in a

newspaper of general circulation in the City of Ganado for two (2) consecutive

weeks.

(D) The declaration of an extreme emergency by the Mayor as provided in Subsection

A(3) shall continue in full force and effect until the City Council shall at a regular or

called special meeting, determine that a need no longer exists for the extreme

emergency water rationing and thereafter, upon a majority vote, terminate the

Mayor's declaration of extreme emergency. Once so terminated, the City Council

shall cause the posted notice on the official bulletin board of the City Hall to be

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removed and further cause a notice to the public of its termination to be placed once

in a newspaper of general circulation in the City of Ganado.

Sec. 10.2202: Conservation.

It shall be unlawful for any person or resident to knowingly permit or allow the wasteful use of

water after the declaration of an emergency or an extreme emergency.

Sec. 10.2203: Lawn Watering Schedule After the Declaration of an Emergency.

(A) All lawn water on Mondays be eliminated.

(B) All houses with an even street number may water on Tuesday, Thursday, and

Saturday. Lawn watering on these days is limited to the hours of 9:00 a.m. to 11:00

a.m. and 3:00 p.m. to 6:00 p.m.

(C) All houses with an odd street number may water lawns only on Wednesday, Friday,

and Sunday. Lawn watering on these days is limited to the hours of 9:00 a.m. to

11:00 a.m. and 3:00 p.m. to 6:00 p.m.

(D) All public buildings, hospitals, schools, cemeteries, churches, and governmental

housing may water lawns only on Tuesday, Thursday, and Saturday. "awn watering

on these days is limited to the hours of 9:00 a.m. to 11:00 a.m. and 3:00 p.m. to 6:00

p.m.

(E) Privately owned apartments and businesses may water lawns only on Wednesday,

Friday, and Sunday. Lawn watering on these days is limited to the hours of 9:00

a.m. to 11:00 a.m and 3:00 p.m. to 6:00 p.m.

Sec. 10.2204: Lawn Watering Schedule After the Declaration of An Extreme Emergency.

All lawn watering shall be eliminated in its entirety after the declaration of an extreme emergency.

Sec. 10.2205: Bulk Sales.

All bulk sales of water in truck load quantities are not allowed after the declaration of either an

emergency or an extreme emergency.

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Sec. 10.2206: Right of Entry to Enforce.

The City Marshal is hereby authorized to enter private property where the unlawful use of water is

suspected in order to enforce this section.

(Ordinance No. 115 of June 7, 1983)

ARTICLE 10.2300 WATER WELLS

Sec. 10.2301: Rules, Regulations, and Procedures relating to Water Wells.

(A) Any person desiring to drill a water well within the limits of the city shall be

governed by the following rules, regulations and procedure:

(1) a permit shall be obtained from the city secretary, upon approval by the

public works director, who shall issue the same upon a form prepared for

that purpose before any drilling operations of any kind whatever are

conducted or commenced;

(2) a fee shall be paid to the city in the sum of twenty-five dollars ($25.00) for

such permit;

(3) all work of casing such well, determining the size and weight of pipe to be

used, the procedure of setting the pipe to the proper depth and landing to

insure the sealing off of all seepage and surface waters which may

contaminate the city water supply shall be under the supervision, direction

and control of the public works director, including the installation of proper

concrete block around the casting at the surface in such a manner as to

insure the complete sealing off of the well so that no vermin or rodents may

gain entrance thereto. Such concrete block shall not be less than twelve

inches (12") high, and not less than twenty-four inches (24") square.

(B) In the event of the erection of a windmill over a well within the corporate limits,

such windmill shall be kept at a distance of not less than thirty feet (30') from all

overhead electric wires, and the erection of same shall be under the supervision and

control of the public works director.

(C) If an electric driven pump is installed over a well within the corporate limits, all

electric wiring shall be placed in rigid conduits with proper radio interference

controls, if such be needed, and the erection of same shall be under the supervision

and control of the public works director.

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Sec. 10.2302: Power and Duties of Public Works Director.

The public works director shall have the following powers:

(A) To make or have made examinations of all wells within the city privately owned or

otherwise;

(B) To make or have made at any time the necessary analyses or tests of water

therefrom;

(C) To go upon the land and property of the owner of a well for that purpose;

(D) To require the owner to furnish all information requested concerning a well,

including, in the case of new wells, complete logs of the well showing depth to and

depth through all geologic formations encountered;

(E) To supervise the construction, repair, abandonment and plugging of wells and the

Operation of such wells. The public works director shall keep a register of all wells

within the city, which shall show the name of the owner, the location and the date of

construction of each well, its depth and diameter, the purpose for which the well

was constructed, and if abandoned, the date of such abandonment;

(F) All acts authorized to be done by the public works director may be performed by

such persons as may be authorized by such public works director to act for him.

Sec. 10.2303: Permits.

(A) It shall be unlawful for any person to drill or otherwise construct, repair, correct,

abandon or plug a well, or to engage upon such work, within the limits of the city, or

to employ anyone else to engage in such work, without first applying for and

securing a permit from the public works director or a duly authorized agent thereof.

Such permit may be granted with the approval of the public works director, to any

person who files with such public works director the application and pays the fee

hereinafter required, and complies with all other provisions of this section

applicable to him.

(B) It shall be unlawful for any applicant who obtains a permit to construct a well of a

certain depth, to extend such well to a depth exceeding the depth provided for in

such permit without first obtaining an additional permit therefor.

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Sec. 10.2304: Fees.

The fees to be paid to the public works director for the permits required by this section shall be as

follows:

(A) Permit for the drilling or construction of a new well up to fifty feet (50') deep, ten

dollars ($10.00).

(B) Permit for the drilling or construction of a new well fifty feet (50') deep to one

hundred fifty feet (150') deep, twenty dollars ($20.00).

(C) Permit for the drilling or construction of a new well one hundred fifty feet (150')

deep to four hundred feet (400') deep, thirty dollars ($30.00).

(E) For the drilling or construction of a new well over four hundred feet (400') deep, the

fee last named, and in addition thereto, for each one hundred feet (100') or fraction

thereof in excess of four hundred feet (400'), ten dollars ($10.00).

(F) Permit to repair or correct a defective well, twenty dollars ($20.00).

(G) Permit to abandon or plug a well, five dollars ($5.00).

Sec. 10.2305: Wells Contaminating other Water Sources.

Any well or other opening which penetrates the underground water supply and which pollutes or

contaminates any other well or the city's water supply, is declared a nuisance, and on notice to the

owner of such well, or to the operator thereof, or to his agent in charge of the well or of the property

on which it is situated, issued by the public works director, such nuisance shall be abated by the

owner within ten (10) days from date of such notice by filling and plugging the well or opening in

the manner provided for in this section for abandoned wells; and if he shall fail to abate such

nuisance within such time, or if after exercising reasonable diligence, the public works director is

unable to locate the owner or his agent, such public works director shall have the right to go on the

land or property upon which the well is situated and abate such nuisance in the manner provided

and the owner thereof shall be liable to the City of Ganado the cost of such work and shall pay such

cost upon demand.

Sec. 10.2306: Defective Wells.

Every well, whether dug or drilled, which for any reason does not completely prevent the mixing of

water or other liquid from above and below the source of the city's water supply with the water in

the source of the city's water supply, or which for any reason would tend to pollute or contaminate

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any other well or the water in the source of the city's water supply shall be considered a defective

well and the public works director on his own initiative or upon information or complaint from any

source may make an examination of any well suspected of being defective and if such examination

indicates, in the opinion of the director, that the well is a probable source of contamination of the

city water supply or any other well, or that the water from such well is unsafe for human

consumption, shall issue written instructions to the owner or his agent in charge of such well or the

property upon which it is situated, for correcting the defects to comply with the provisions of this

section, and prescribe a time which, in his judgement, under all the circumstances, is reasonable

within which such instructions shall be complied with. It shall be unlawful for the owner or

operator of such defective well to fail to comply with such instructions within the time limit

prescribed by the public works director.

Sec. 10.2307: Abandoned Wells.

(A) An abandoned well is (a) a defective well which, in the judgement of the public

works director, cannot be corrected to comply with the requirements of this section,

or (b) any well which has been continuously out of use for a period of two (2) years,

or longer. Whenever any well has not been in active use for more than two (2)

years, the owner or operator of such well shall report the fact to the board. Every

abandoned well shall be filled and plugged with such materials and in such manner,

as, in the judgement of the public works director, will prevent the pollution and

contamination of the city's water supply or the contamination of any other well

within the limits of the city, and such filling and plugging shall be done under the

supervision of the public works director, and at the expense of the owner of such

well.

(B) Whenever the public works director shall receive notice from any source of the

existence of an abandoned well which has not been plugged and filled in accordance

with the provisions of this section, he shall notify the owner or agent in charge of

such well or of the property upon which it is situated that such well is abandoned

and shall instruct him to fill and plug such well in accordance with this section, and

the owner or operator of such well shall comply with such order within sixty (60)

days after its date. Should he fail so to comply within such period or if, after using

reasonable diligence, should the director fail to locate the owner or the agent in

charge of such well or of the property upon which the well is situated, the board may

go on the land or property upon which the well is situated and fill and plug such

abandoned well in the manner provided and the owner thereof shall be liable to the

City of Ganado for the cost of such work and shall pay such cost upon demand.

(Ordinance No. 124 of September 4, 1984)

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ARTICLE 10.2400 WATER METER CHECKING SERVICE

Sec. 10.2401: Customer Demanded Calibration.

When a customer shall demand a calibration of the metering device measuring water to his facility

and if after said calibration is completed verifying said meter to be completely accurate, said

customer shall pay to the City of Ganado a fee of twenty-five dollars ($25.00).

Sec. 10.2402: Deposit Required for Calibration; Refund.

Before the customer's meter is calibrated, the customer shall deposit with the city secretary of the

City of Ganado a deposit in the amount of twenty-five dollars ($25.00) to pay for the fee provided

for in paragraph above should it be shown that the meter is accurate. If after calibration it is shown

that the meter is measuring inaccurately, causing the customer to be overcharged for water to his

facility, the deposit shall be immediately refunded to the customer if said overcharge was due to

inaccurate calibration.

(Ordinance No. 185 of December 21, 1989)

ARTICLE 10.600 CONTRACTS FOR WHOLESALE PURCHASE Wholesale or bulk sale of water shall be provided at rates to be

established at the discretion of the city commission. Such fee schedule shall be available through the Director of Public Works or the City Secretary. ARTICLE 10.700 PRIVATE LINES Sec. 10.701: Definitions. (A) Private Water Lines. The water supply line from the water meter to the structure it is connected to. (B) Private Sewer Lines. The sewer line from the property line of land owner to the structure it is connected to.

Sec. 10.702: Private Water & Sewer Lines Repaired at Expense of Owner. All private water and private sewer lines shall be maintained by and at the expense of the owner. If the director of public works feels it is in the best interests of the city, he may authorize city personnel to work on private water and sewer lines with the owner of the property being responsible for such fees to be paid

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to the city at rates currently approved by the city commission.

Such fee schedule shall be available through the Director of Public Works or the City Secretary. Sec. 10.703: Fees Added to Billing. These fees will be added to the monthly utility bill as provided for in Section 5, payable in equal monthly installments with a minimum of twenty dollars ($20.00) month and payable over no longer than a six (6) month period. Sec. 10.704: Director of Public Works Decision Controls. Whether or not work performed, or to be performed, by city personnel on private water and sewer lines, is or is not in the

city's best interest, shall be in the absolute discretion of the Director of Public Works. Sec. 10.705: Additional Repairs Responsibility of Owner. Any blockage or stoppage in the sewer line which occurs between landowner's property line and its junction with the main sewer line which is caused by the negligent act of the land owner, his guests, invitees, servants or employees, shall be repaired under the direction of the director of public works at the expense of the property owner. Said cost of repairs to be determined by the fee schedule established by Sec. 10.702 of this chapter and billed according to Sec. 10.703 of this chapter.

(Ordinance No. ______, of October ___, 1997 amended Article 10.600 & Article 10.700)

ARTICLE 10.700 PRIVATE LINES Sec. 10.701: Definitions. (A) Private Water Lines. The water supply line from the water meter to the structure it is connected to. (B) Private Sewer Lines. The sewer line from the property line of land owner to the structure it is connected to.

Sec. 10.702: Private Water & Sewer Lines Repaired at Expense of Owner. All private water and private sewer lines shall be maintained by and at the expense of the owner. If the director of public works feels it is in the best interests of the city, he may authorize city personnel to work on private water and sewer lines with the

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owner of the property being responsible for such fees to be paid

to the city at rates currently approved by the city commission. Such fee schedule shall be available through the Director of Public Works or the City Secretary. Sec. 10.703: Fees Added to Billing. These fees will be added to the monthly utility bill as provided for in Section 5, payable in equal monthly installments with a minimum of twenty dollars ($20.00) month and payable over no longer than a six (6) month period(See form letter at the end of Utility Chapter).

Sec. 10.704: Director of Public Works Decision Controls. Whether or not work performed, or to be performed, by city personnel on private water and sewer lines, is or is not in the city's best interest, shall be in the absolute discretion of the Director of Public Works. Sec. 10.705: Additional Repairs Responsibility of Owner. Any blockage or stoppage in the sewer line which occurs between landowner's property line and its junction with the main sewer line which is caused by the negligent act of the land owner, his guests, invitees, servants or employees, shall be repaired under the direction of the director of public works at the expense of

the property owner. Said cost of repairs to be determined by the fee schedule established by Sec. 10.702 of this chapter and billed according to Sec. 10.703 of this chapter. (Ordinance No. ______, of October ___, 1997 amended Article 10.600 & Article 10.700)

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DATE:_____________________

CUSTOMER:_______________________ CONTRACTOR: CITY OF GANADO SERVICES:

Customer agrees that he is responsible for and has requested

Contractor to perform the above described services. Customer

agrees to pay for said services at the rates and fees established

per resolution by the City Council of the City of Ganado as

authorized in Chapter 10, Article 10.702 of the City of Ganado

Code of Ordinances.

Said fees and charges will be paid by Customer to Contractor

as follows: in full upon completion of work and receipt of

Contractor's invoice in monthly installments due at the same time, but in

addition to the regular utility billing from Contractor. (as authorized in Chapt. 10, Article 10.700, Sec. 10.703, Code of Ordinances)

SIGNED this _____ day of __________________, ________. CUSTOMER: CONTRACTOR: CITY OF GANADO

_____________________________ _____________________________

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CHAPTER 11

Table of Contents Park and Recreation

Article 11.100: Park and Recreation Board 2- 3

Article 11.100 Park and Recreation Board

AN ORDINANCE OF THE CITY OF GANADO, TEXAS, CREATING A

PARKS AND RECREATION ADVISORY BOARD FOR THE CITY OF

GANADO; DESCRIBING ITS POWERS, DUTIES, AND ESTABLISHING

THE TERMS OF OFFICE OF ITS MEMBERS; PROVIDING A

SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND AN

OPEN MEETINGS CLAUSE; AND PROVIDING RELATED MATTERS.

WHEREAS, The city provides, or causes to be provided, parks and recreational

services to the City of GANADO and to the general public

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE

CITY OF GANADO, TEXAS, THAT:

Section l. Findings. The foregoing recitals are hereby adopted by the City Council and made a

part here of for all purposes as findings of fact.

Section 2. Board Created. There is hereby authorized to be created a Parks and Recreation

Advisory Board of the City of GANADO, Texas. The Board shall be composed of five (5)

residents of the City of GANADO, Texas.

Section 3. Appointment and Terms of Office. Members of the Board shall be appointed by

the City Council. Said Board members shall receive no compensation. Board members shall

serve for a term of two (2) years; provided, however, the first appointments to the Parks and

Recreation Advisory Board shall consist of four individuals appointed for terms of two (2) years

and three individuals appointed for terms of one (1) year. Subsequent appointments shall be for

two (2) year terms. Members shall be chosen from among such persons concerned with and

interested in the development of parks and recreation facilities, services, and programs in the

city. Members must be at least 18 years of age. The City Council may appoint one of its own

members to act as liaison between the Advisory Board and Council.

Section 4. Removal. Members of the Parks and Recreation Advisory Board may be removed by

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a majority vote of the City Council for neglect of duty, conflict of interest, malfeasance in office

or other just cause, or for unexcused absence for more than three consecutive regular meetings or

any other combination of absences the City Council finds has or will prevent them from

effectively performing their duties on the Board. The decision of the City Council shall be final

and there shall be no appeal there from.

Section 5. Vacancies. Vacancies, occurring other than through the expiration of term, shall be

filled for the unexpired term in the same manner as for appointments as provided in this

ordinance.

Section 6. Meetings. A majority of the Parks and Recreation Advisory Board members shall

constitute a quorum for the transaction of business and a majority vote of those present shall be

necessary to carry any motion.

A. The Parks and Recreation Advisory Board shall adopt such rules and

regulations as are necessary for the conduct of its business.

B. The Parks and Recreation Advisory Board shall provide for a regular meeting

schedule, including time, place and frequency of meetings as necessary. All

meetings shall be open to the public, in accordance with the Open Meetings

Act.

C. The Parks and Recreation staff shall be advisory to the Board.

Section 7. Duties and Responsibilities. The Parks and Recreation Advisory Board shall act in

an advisory capacity to the Parks and Recreation Director, City Manager and City Council. The

Board shall be responsible for providing guidance and direction concerning matters as defined in

the adopted by-laws approved by the City Council from time-to-time.

Section 8. Severability. It is hereby declared to be the intention of the City Council that the

section, paragraphs, sentences, clauses and phrases of the Ordinance are severable and, if any

phrase, sentence, paragraph or section of this Ordinance should be declared invalid by the final

judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of

the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the

same would have been enacted by the City Council without the incorporation of this ordinance of

any such invalid phrase, clause, sentence, paragraph or section. If any provision of this

Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity

shall not affect other provisions or applications of this Ordinance which can be given effect

without the invalid provision, and to this end the provisions of this Ordinance are declared to be

severable.

Section 9. Effective Date. This ordinance shall take effect immediately upon its approval and

passage and publication as required by law.

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Section 10. Open Meetings. It is hereby officially found and determined that the meeting at

which this ordinance is passed was open to the public as required and that public notice of the

time, place, and purpose of said meeting was given as required by the Open Meetings Act

Chapter §551. Tex. Government Code. (Ordinance 384 passed 3/9/10)