Chapter 1: General Provisions
City of Lowry Crossing, TX Code of Ordinances
ARTICLE 1.01
CODE OF ORDINANCES
§ 1.01.001 Adoption.
There is hereby adopted the Code of Ordinances of the City of Lowry Crossing, Texas, as compiled,
edited and published by Franklin Legal Publishing, Inc.
(Ordinance adopting Code)
§ 1.01.002 Designation and citation of code.
The ordinances embraced in this chapter and the following chapters, articles and sections shall
constitute and be designated the “Code of Ordinances, City of Lowry Crossing, Texas,” and may be so
cited.
(Ordinance adopting Code)
§ 1.01.003 Catchlines of articles, divisions and sections.
The catchlines of the several articles, divisions and sections of this code are intended as mere
catchwords to indicate the contents of the article, division or section and shall not be deemed or taken
to be titles of such articles, divisions and sections, nor as any part of the articles, divisions and sections,
nor, unless expressly so provided, shall they be so deemed when any of such articles, divisions and
sections, including the catchlines, are amended or reenacted.
(Ordinance adopting Code)
§ 1.01.004 Definitions and rules of construction.
In the construction of this code and of all ordinances and resolutions passed by the city council, the
following rules shall be observed, unless such construction would be inconsistent with the manifest
intent of the city council:
Generally. Words shall be construed in their common and usual significance unless the contrary is
clearly indicated.
City and town. Each means the City of Lowry Crossing, Texas.
City administrator, city manager, city secretary, chief of police or other city officers. The term “city
administrator,” “city manager,” “city secretary,” “chief of police” or other city officer or department
shall be construed to mean the city administrator, city manager, city secretary, chief of police or such
other municipal officer or department, respectively, of the City of Lowry Crossing, Texas.
Computation of time. Whenever a notice is required to be given or an act to be done a certain length
of time before any proceeding shall be had, the first day is excluded and the last day is included. If the
last day of any period is a Saturday, Sunday, or legal holiday, the period is extended to include the next
day that is not a Saturday, Sunday, or legal holiday.
Council. Whenever the term “council” or “city council” or “the council” is used, it shall mean the city
council of the City of Lowry Crossing, Texas.
County. The term “county” or “this county” shall mean the County of Collin, Texas.
Delegation of authority. Whenever a provision of this Code of Ordinances requires or authorizes an
officer or employee of the city to do some act or perform some duty, it shall be construed to authorize
such officer or employee to designate, delegate and authorize subordinates to perform the act or duty
unless the terms of the provision specifically designate otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and to
firms, partnerships, associations and corporations, as well as to males.
Joint authority. Words purporting to give authority to three (3) or more officers or other persons shall
be construed as giving such authority to a majority of such officers or other persons, unless it is
otherwise declared.
May. The word “may” is permissive.
Month. The word “month” shall mean a calendar month.
Must and shall. Each is mandatory.
Number. Any word importing the singular number shall include the plural, and any word importing the
plural number shall include the singular.
Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be
equivalent to the words “affirm” and “affirmed.”
Official time standard. Whenever certain hours are named in this code, they shall mean standard time
or daylight saving time, as may be in current use in the city.
Or, and. The word “or” may be read “and,” and the word “and” may be read “or,” as the sense requires
it.
Owner. The word “owner,” applied to a building or land, shall include any part owner, joint owner,
tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part
of such building or land.
Person. The word “person” shall extend and be applied to associations, corporations, firms,
partnerships, organizations, business trusts, estates, trusts, and bodies politic and corporate, as well as
to individuals.
Preceding, following. The terms “preceding” and “following” mean next before and next after,
respectively.
Property. The word “property” shall mean and include real and personal property.
Real property. The term “real property” shall mean and include lands, tenements and hereditaments.
Sidewalk. The word “sidewalk” shall mean that portion of a street between the curbline and the
adjacent property line intended for the use of pedestrians.
Signature or subscription. A signature or subscription shall include a mark when a person cannot write.
State. The term “the state” or “this state” shall be construed to mean the State of Texas.
Street. The word “street” shall have its commonly accepted meaning and shall include highways,
sidewalks, alleys, avenues, recessed parking areas and other public rights-of-way, including the entire
right-of-way.
Tense. Words used in the past or present tense include the future, as well as the past and present.
V.T.C.S., V.T.P.C., V.T.C.C.P., V.T.C.A. Such abbreviations refer to the divisions of Vernon’s Texas
Statutes Annotated.
Written or in writing. The term “written” or “in writing” shall be construed to include any
representation of words, letters, or figures, whether by printing or otherwise.
Year. The word “year” shall mean a calendar year.
(Ordinance adopting Code)
§ 1.01.005 Severability of parts of code.
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences,
clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph or
section of this code shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this code, since the same would have been enacted by the city
council without the incorporation in the code of any such unconstitutional phrase, clause, sentence,
paragraph or section.
(Ordinance adopting Code)
§ 1.01.006 Repeal of ordinances.
The repeal of an ordinance or any portion thereof shall not repeal the repealing clause of an ordinance
or revive any ordinance which has been previously repealed.
(Ordinance adopting Code)
§ 1.01.007 Amendments or additions to code.
All ordinances of a general and permanent nature, and amendments to such ordinances, hereafter
enacted or presented to the city council for enactment, shall be drafted, so far as possible, as specific
amendments of, or additions to, the Code of Ordinances. Amendments to this code shall be made by
reference to the chapter and section of the code which is to be amended, and additions shall bear an
appropriate designation of chapter, article and section; provided, however, the failure to do so shall in
no way affect the validity or enforceability of such ordinances.
(Ordinance adopting Code)
§ 1.01.008 Supplementation of code.
(a) By contract or by city personnel, supplements to this code shall be prepared and printed whenever
authorized or directed by the city council. A supplement to the code shall include all substantive
permanent and general parts of ordinances passed by the city council during the period covered
by the supplement and all changes made thereby in the code. The pages of a supplement shall be
so numbered that they will fit properly into the code and will, where necessary, replace pages that
have become obsolete or partially obsolete, and the new pages shall be so prepared that, when
they have been inserted, the code will be current through the date of the adoption of the latest
ordinance included in the supplement.
(b) In preparing a supplement to this code, all portions of the code which have been repealed shall be
excluded from the code by omission thereof from reprinted pages.
(c) When preparing a supplement to this code, the codifier (meaning the person, agency or
organization authorized to prepare the supplement) may make formal, nonsubstantive changes in
ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so
to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate subdivisions;
(2) Provide appropriate catchlines, headings and titles for articles, sections and other
subdivisions of the code printed in the supplement and make changes in such catchlines,
headings and titles;
(3) Assign appropriate numbers to articles, sections and other subdivisions to be inserted in the
code and, where necessary to accommodate new material, change existing article or section
or other subdivision numbers;
(4) Change the words “this ordinance” or words of the same meaning to “this chapter,” “this
article,” “this section,” “this subsection,” etc., as the case may be; and
(5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance
material inserted into the code, but in no case shall the codifier make any change in the
meaning or effect of ordinance material included in the supplement or already embodied in
the code.
(Ordinance adopting Code)
§ 1.01.009 General penalty for violations of code; continuing violations.
(a) Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared
to be unlawful or an offense or a misdemeanor or whenever in this code or such ordinance the
doing of any act is required or the failure to do any act is declared to be unlawful, and no specific
penalty is provided therefor, the violation of any such provision of this code or any such
ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00).
(b) A fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety,
zoning or public health and sanitation, including the dumping of refuse, may not exceed two
thousand dollars ($2,000.00).
(c) A person convicted of an offense under title 7, subtitle C, Transportation Code (the Uniform Act
Regulating Traffic on Highways) for which another penalty is not provided shall be punished by
a fine of not less than one dollar ($1.00) or more than two hundred dollars ($200.00) plus such
other penalties and costs as may be provided by such subtitle C.
(d) Unless otherwise specifically stated in this code, any violation of this code or of any ordinance
that is punishable by a fine that does not exceed five hundred dollars ($500.00) does not require
a culpable mental state, and a culpable mental state is hereby not required to prove any such
offense. Unless otherwise specifically stated in this code, any violation of this code or of any
ordinance that is punishable by a fine that exceeds five hundred dollars ($500.00) shall require a
culpable mental state.
(e) No penalty shall be greater or less than the penalty provided for the same or a similar offense
under the laws of the state.
(f) Unless otherwise stated in this code or in any ordinance, each day any violation of this code or of
any ordinance shall continue shall constitute a separate offense.
(g) In the event that any such violation is designated as a nuisance under the provisions of this code,
such nuisance may be summarily abated by the city. In addition to the penalty prescribed above,
the city may pursue other remedies such as abatement of nuisances, injunctive relief and
revocation of licenses or permits.
(Ordinance adopting Code)
ARTICLE 1.02
ADMINISTRATION
§ 1.02.001 Form of government.
Pursuant to chapter 6, subchapter B of the Texas Local Government Code, the city hereby changes
from a type B to a type A general law municipality.
(Ordinance 53 adopted 3/25/91)
§ 1.02.002 Town redesignated as city.
(a) City Ordinance No. 53.1, an ordinance thought to be lost, that changed the name of Lowry
Crossing from “Town” of Lowry Crossing to “City” of Lowry Crossing, following the adoption
of Ordinance 53, that changed Lowry Crossing from a type B municipality to a type A
municipality, is hereby adopted again for the purpose of making a record thereof.
(b) The use of either “town” or “city” in any prior Lowry Crossing ordinance, contract, agreement,
or other document, or any future reference to the City of Lowry Crossing as “Town” of Lowry
Crossing, shall have the same meaning, to wit: the municipality of Lowry Crossing, Texas,
incorporated in the year 1971, formerly known as the Town of Lowry Crossing, and now known
as the City of Lowry Crossing, Texas.
(Ordinance 120 adopted 10/17/00)
§ 1.02.003 Official city map.
(a) Generally.Pursuant to section 41.001, Local Government Code, a copy of the official map of the
city shall be kept in the office of the city secretary and shall be marked the “City of Lowry
Crossing Annexation Map.” The map shall show the boundaries of the city and of its
extraterritorial jurisdiction.
(b) Boundary changes.If the city annexes territory, the map shall be corrected to include the
annexed territory, and shall be annotated to indicate the date of annexation and the annexation
ordinance number, and if the extraterritorial jurisdiction of the city is expanded the map shall be
corrected to indicate the change in extraterritorial jurisdiction.
(Ordinance 141 adopted 8/14/01)
§ 1.02.004 Notice of claim against city.
(a) The city 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 on
his behalf, or, in the event the injury results in death, the person or persons who may have cause
of action under the law by reason of such death or injury, shall, within 6 months from the date the
incident giving rise to the claim occurred, give written notice to the mayor and city council,
describing the following:
(1) The damage or injury claimed;
(2) The date, time and place of the incident;
(3) The incident, fully describing how and under what circumstances the damage or injury
occurred;
(4) The present place of residence of each claimant by street, number, city, state, and zip code;
(5) The names of all persons having knowledge of the incident or the damages claimed;
(6) The present location of any property alleged to have been damaged.
(b) No suit of any nature whatsoever shall be instituted or maintained against the city unless the
plaintiff therein shall ever 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.
(c) All notices required by this section shall be effectuated by serving them upon the city secretary
at 1405 S. Bridgefarmer Road, McKinney, Texas 75069. All such notices shall be effective only
when actually received in the office of the person named above.
(d) The above-written notice requirements shall be waived if the city has actual knowledge of death,
injury or property damage likely to result in a claim against the city. The city shall not be deemed
to have actual knowledge unless that knowledge is attributable to an appropriate city official
whose job duties include the authority to investigate and/or settle such claims against the city.
(e) 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 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 54, secs. 2–5, adopted 2/24/92; Ordinance 144, sec. 4, adopted 8/14/01)
ARTICLE 1.03
CITY OFFICERS
DIVISION 1
Generally
DIVISION 2
City Attorney
§ 1.03.031 Appointment; term of office.
Pursuant to V.T.C.A. Local Government Code section 22.071, the office of city attorney for the
city shall be an appointive office which shall be filled by majority vote of the city council. Such
appointment shall be for such term as the city council shall direct. The city attorney shall serve at the
pleasure of the city council and such officer shall have no property right to continued employment.
(Ordinance 93, sec. 1, adopted 11/12/96)
§ 1.03.032 Duties.
Though not limited to the following duties, the city attorney shall perform the following services:
(1) Serve as the legal advisor to the city council and such staff members as the city council shall
direct.
(2) Represent the city in litigation and legal proceedings as directed by the city council.
(3) Review and provide opinions as requested by the city council on contracts, legal instruments and
ordinances.
(4) Prepare and approve as to form all ordinances to be adopted by the city council.
(Ordinance 93, sec. 2, adopted 11/12/96)
§ 1.03.033 Compensation.
The city attorney shall receive compensation as may be determined by the city council. In this regard
the city attorney shall not be compensated for conferences with members of the city council unless
such conference is authorized by the council.
(Ordinance 93, sec. 3, adopted 11/12/96)
§ 1.03.034 Additional attorneys.
The city attorney, with approval of the city council, may select additional attorneys to act for the city
attorney and the city in matters of representation and litigation.
(Ordinance 93, sec. 4, adopted 11/12/96)
DIVISION 3
City Secretary
§ 1.03.061 Part-time position established.
A part-time position of city secretary is established.
(Ordinance 34, sec. 1, adopted 9/11/89)
§ 1.03.062 Duties; certification.
(a) The duties of the city secretary are established as generally defined in this section.
(1) Attend every meeting of the city council, and keep accurate minutes of the proceedings.
(2) Engross and enroll all laws, resolutions, and ordinances of the city council.
(3) Keep the corporate seal.
(4) Take charge of and preserve all books, records, papers, documents, and files of the city. A
priority item should be to collect all ordinances, place the original or the clearest copy
available in a 3- or 4-ring binder, note which ordinances have been partly or completely
repealed, and prepare an index. A full official original (or best available copy) should be
kept in the city’s safe. Other copies should be available for day-to-day review and use by
city officials.
(5) Countersign all commissions issued to city officers and licenses issued by the mayor, and
keep a record of these.
(6) Draw all warrants on the treasurer and countersign the same and keep an account of all
warrants in a separate record.
(7) Be the general accountant of the city.
(8) Keep in books regular accounts of the receipts and disbursements of the city.
(9) Keep a register of all bonds and bills issued by the city.
(10) Keep a record of all contracts of the city.
(11) Countersign all bonds issued by the city.
(12) Perform such other duties as the city council may require.
(13) Notify the Texas Judicial Council, P.O. Box 12006, Austin, TX 78711, of the name of any
person elected or appointed as mayor or municipal court judge or municipal court clerk not
later than 30 days from the date of appointment or election.
(14) Serve as municipal court clerk if authorized by ordinance.
(15) Prepare all notices required under any regulation or ordinance of the municipality.
(b) While certification as city secretary is not a requirement of the office, it is highly recommended.
(Ordinance 34, sec. 2, adopted 9/11/89)
§ 1.03.063 Qualifications.
(a) Qualifications for the position of city secretary shall be generally as described in this section.
(1) The candidate need not be a resident of the city.
(2) The candidate must demonstrate good proficiency in oral and written communication skills,
typing, accounting, clerical activities, and in dealing with the public.
(b) The city is an equal employment opportunity employer. Candidates are eligible regardless of race,
sex, age, creed, religion, or nationality.
(Ordinance 34, sec. 3, adopted 9/11/89)
§ 1.03.064 Bond.
The city secretary shall execute a bond payable to the city, and conditioned that the secretary will
faithfully perform the duties of the office.
(Ordinance 34, sec. 4, adopted 9/11/89)
ARTICLE 1.04
EMERGENCY MANAGEMENT
DIVISION 1
Generally
§ 1.04.001 National Incident Management System adopted.
The city council does confirm, ratify and approve the adoption of the National Incident Management
System.
(Ordinance 224 adopted 11/2/10)
DIVISION 2
Emergency Management Program
§ 1.04.031 Operational organization.
(a) There exists the office of emergency management director of the city, which shall be held by the
mayor in accordance with state law.
(b) An emergency management coordinator may be appointed by and serve at the pleasure of the
director.
(c) The director shall be responsible for a program of comprehensive emergency management within
the city and for carrying out the duties and responsibilities set forth in this division. He/she may
delegate authority for execution of these duties to the coordinator, but ultimate responsibility for
such execution shall remain with the director.
(d) The operational emergency management organization of the city shall consist of the officers and
employees of the city so designated by the director in the emergency management plan, 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.
(Ordinance 63, sec. 1, adopted 9/23/91)
§ 1.04.032 Powers and duties of emergency management director.
The duties and responsibilities of the emergency management director shall include the following:
(1) Conduct an ongoing survey of actual or potential hazards which threaten life and property within
the city and an ongoing program of identifying and requiring or recommending the
implementation of measures which would tend to prevent the occurrence or reduce the impact of
such hazards if a disaster did occur.
(2) Supervision of the development and approval of an emergency management plan for the city, and
shall recommend for adoption by the city council all mutual aid arrangements deemed necessary
for the implementation of such plan.
(3) 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.
(4) Issuance of necessary proclamations, regulations, or directives which are necessary for carrying
out the purposes of this division. Such proclamations, regulations, or directives shall be
disseminated promptly by means calculated to bring the contents to the attention of the general
public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with
the city secretary.
(5) Direction and control of the operations of the city emergency management organization, as well
as the training of emergency management personnel.
(6) Determination of all questions of authority and responsibility that may arise within the emergency
management organization of the city.
(7) Maintenance of liaison with other municipal, county, district, state, regional or federal emergency
management organizations.
(8) 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.
(9) Supervision of the drafting and execution of mutual aid agreements, in cooperation with the
representatives of the state and of other local political subdivisions of the state, and the drafting
and execution, if deemed desirable, of an agreement with the county in which the city is located
and with other municipalities within the county, for the county-wide coordination of emergency
management efforts.
(10) Supervision of, and final authorization for, the procurement of all necessary supplies and
equipment, including acceptance of private contributions which may be offered for the purpose
of improving emergency management within the city.
(11) Authorizing of agreements, after approval by the city attorney, for use of private property for
public shelter and other purposes.
(12) Survey of the availability of existing personnel, equipment, supplies, and services which could
be used during a disaster, as provided for herein.
(13) Other requirements as specified in the Texas Disaster Act of 1975, Vernon’s Texas Codes
Annotated, Government Code chapter 418.
(Ordinance 63, sec. 2, adopted 9/23/91)
§ 1.04.033 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 division. As provided by state law, the plan shall follow the standards and
criteria established by the state division of emergency management. Insofar as possible, the form
of organization, titles, and terminology shall conform to the recommendations of the state division
of emergency management. When approved, it shall be the duty of all departments and agencies to
perform the functions assigned by the plan and to maintain their portion of the plan in a current state
of readiness at all times. The emergency management plan shall be considered supplementary to this
division and have the effect of law during the time of a disaster.
(Ordinance 63, sec. 3, adopted 9/23/91)
§ 1.04.034 Interjurisdictional program.
The mayor is hereby authorized to join with the county judge and the mayors of the other cities in the
county in the formation of an interjurisdictional emergency management plan and in the appointment
of a joint emergency management coordinator, as well as all powers necessary to participate in a
county-wide program of emergency management insofar as said program may affect the city.
(Ordinance 63, sec. 4, adopted 9/23/91)
§ 1.04.035 Override.
At all times when the orders, rules, and regulations made and promulgated pursuant to this division
shall be in effect, they shall supersede and override all existing ordinances, orders, rules, and
regulations insofar as the latter may be inconsistent therewith.
(Ordinance 63, sec. 5, adopted 9/23/91)
§ 1.04.036 Liability.
This division is an exercise by the city of its governmental functions for the protection of the public
peace, health, and safety, and neither the city, the agents and representatives of the 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 division, shall be liable for any damage
sustained to persons as the result of said activity. Any person owning or controlling real estate or
other premises who voluntarily and without compensation grants to the city a license or privilege or
otherwise permits the city to inspect, designate, and use the whole or any part or parts of such real
estate or premises for the purpose of sheltering persons during an actual, impending, or practice enemy
attack or natural or 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.
(Ordinance 63, sec. 6, adopted 9/23/91)
§ 1.04.037 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 division 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 prudent and necessary for the
protection of health, life, or property.
(Ordinance 63, sec. 7, adopted 9/23/91)
§ 1.04.038 Offenses; penalty.
(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 division.
(b) It shall likewise be unlawful for any person to wear, carry, or display any emblem, insignia, or
any other means of identification as a member of the emergency management organization of the
city unless authority to do so has been granted to such person by the proper officials.
(c) Any unauthorized person who shall operate a siren or other device so as to simulate a warning
signal, or the termination of a warning, shall be deemed guilty of a violation of this division and
shall be subject to the penalties imposed by this division.
(d) Convictions for violations of the provisions of this division shall be punishable by fine as defined
in section 1.01.009.
(Ordinance 63, sec. 8, adopted 9/23/91)
§ 1.04.039 Limitations.
This division shall not be construed so as to conflict with any state or federal statute or with any
military or naval order, rule, or regulation.
(Ordinance 63, sec. 10, adopted 9/23/91)
ARTICLE 1.05
RECORDS MANAGEMENT
§ 1.05.001 Definition of city records.
All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm,
magnetic tape, electronic media, or other information-recording media, regardless of physical form or
characteristic and regardless of whether public access to them is open or restricted under the laws of
the state, created or received by the city or any of its officers or employees pursuant to law or in the
transaction of public business are hereby declared to be the records of the city and shall be created,
maintained, and disposed of in accordance with the provisions of this article or procedures authorized
by it and in no other manner.
(Ordinance 61, sec. 1, adopted 9/23/91)
§ 1.05.002 Additional definitions.
Essential record. Any record of the city necessary to the resumption or continuation of its operations
in an emergency or disaster, to the re-creation of its legal and financial status, or to the protection and
fulfillment of obligations to the people of the state.
Permanent record. Any record of the city for which the retention period on a records control schedule
is given as permanent.
Records control schedule. A document prepared by or under the authority of the records management
officer listing the records maintained by the city, their retention periods, and other records disposition
information that the records management program may require.
Records management. 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 recordkeeping. 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 micrographics and
electronic and other records storage systems.
Records management officer. The person designated in section 1.05.005 of this article.
Records management plan. The plan developed under section 1.05.006 of this article.
Retention period. 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.
(Ordinance 61, sec. 2, adopted 9/23/91)
§ 1.05.003 City records declared public property.
All municipal records as defined in section 1.05.001 of this article are hereby declared to be the
property of the city. No municipal 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.
(Ordinance 61, sec. 3, adopted 9/23/91)
§ 1.05.004 Policy.
It is hereby declared to be the policy of the city to provide for efficient, economical, and effective
controls over the creation, distribution, organization, maintenance, use, and disposition of all municipal
records through a comprehensive system of integrated procedures for their management from creation
to ultimate disposition, consistent with the requirements of the Texas Local Government Act and
accepted records management practice.
(Ordinance 61, sec. 4, adopted 9/23/91)
§ 1.05.005 Designation of records management officer.
The city secretary, and the successive holders of said office, shall serve as records management officer
for the city. As provided by state law, each successive holder of the office shall file his or her name
with the director and librarian of the state library within thirty days of the initial designation or of
taking up the office, as applicable.
(Ordinance 61, sec. 5, adopted 9/23/91)
§ 1.05.006 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 for
submission to the city council. The plan must contain policies and procedures designed to reduce
the costs and improve the efficiency of recordkeeping, to adequately protect the essential records
of the municipality, and to properly preserve those records of the municipality 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 article effectively.
(b) Once approved by the city council, the records management plan shall be binding on all offices,
departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities
of the city 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 recordkeeping 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 article 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.
(Ordinance 61, sec. 6, adopted 9/23/91)
§ 1.05.007 Duties of records management officer.
In addition to other duties assigned in this article, the records management officer shall:
(1) Administer the records management program and provide assistance to department heads in its
implementation;
(2) Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures;
(3) In cooperation with department heads, identify essential records and establish a disaster plan for
each municipal office and department to ensure maximum availability of the records in order to
re-establish operations quickly and with minimum disruption and expense;
(4) Develop procedures to ensure the permanent preservation of the historically valuable records of
the city;
(5) Establish standards for filing and storage equipment and for recordkeeping supplies;
(6) Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design
and control system for the city;
(7) Monitor records retention schedules and administrative rules issued by the state library and
archives commission to determine if the records management program and the municipality’s
records control schedules are in compliance with state regulations;
(8) Disseminate to the city council and department heads information concerning state laws and
administrative rules relating to local government records;
(9) Maintain records on the volume of records destroyed under approved records control schedules
or through records destruction authorization requests, the volume of records microfilmed or
stored electronically, and the estimated cost and space savings as the result of such disposal or
disposition;
(10) Report annually to the city council on implementation of the records management plan in each
department of the city, including summaries of the statistical and fiscal data compiled under
subsection (10); and
(11) Bring to the attention of the city council noncompliance by department heads or other municipal
personnel with the policies and procedures of the records management program or the Local
Government Records Act.
(Ordinance 61, sec. 7, adopted 9/23/91)
§ 1.05.008 Duties and responsibilities of department heads.
In addition to other duties assigned in this article, department heads shall:
(1) Cooperate with the records management officer in carrying out the policies and procedures
established in the city for the efficient and economical management of records and in carrying
out the requirements of this article;
(2) 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
(3) Maintain the records in his or her care and carry out their preservation, microfilming, destruction,
or other disposition only in accordance with the policies and procedures of the records
management program of the city and the requirements of this article.
(Ordinance 61, sec. 8, adopted 9/23/91)
§ 1.05.009 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 series created or
received by the department and the retention period for each series. 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 recordkeeping procedures and
needs of the department and the records management program of the city.
(c) Before its adoption, a records control schedule or amended schedule for a department must be
approved by the department head and the city council.
(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. The records management officer shall
submit the records control schedules to the director and librarian.
(Ordinance 61, sec. 9, adopted 9/23/91)
§ 1.05.010 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 section
1.05.009 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 matter of the record is
pertinent to a pending lawsuit, 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 from the city council.
(Ordinance 61, sec. 10, adopted 9/23/91)
§ 1.05.011 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 and librarian
an approved destruction authorization request.
(Ordinance 61, sec. 11, adopted 9/23/91)
ARTICLE 1.06
FINANCES
DIVISION 1
Generally
§ 1.06.001 Authorization for payment of checks or other withdrawal of funds.
(a) Written authorization required; authorized persons.
(1) Amounts equal to or exceeding $2,500.00.In connection with (i) the issuance of a check or
other order or form of payment or transfer of funds (including, without limitation, an
electronic funds transfer), or (ii) any other withdrawal, from any account in which funds of
the city are deposited or held, which check, order, transfer, or withdrawal is in an amount
equal to or greater than two thousand five hundred dollars ($2,500.00), such check, order,
transfer, or withdrawal shall, prior to being made, first receive the written authorization of
at least two (2) of the following persons (“authorized person”):
(A) Mayor of the city.
(B) Treasurer of the city.
(C) City secretary.
Such authorization shall be reflected by the signature of two (2) of such authorized persons;
provided, however, that, if available, one of the two signatories shall be the treasurer. For
example, if a check is issued or drawn on any account of the city which is in an amount
equal to or greater than $2,500.00, such check shall include the signatures of at least two
(2) of said authorized persons.
(2) Amounts less than $2,500.00.In connection with (i) the issuance of a check or other order
or form of payment or transfer of funds (including, without limitation, an electronic funds
transfer), or (ii) any other withdrawal, from any account in which funds of the city are
deposited or held, which check, order, transfer, or withdrawal is in an amount less than two
thousand five hundred dollars ($2,500.00), such check, order, transfer, or withdrawal may
be made upon the authorization of one (1) of the authorized persons. Such authorization
shall be reflected by the signature of the treasurer or, if the treasurer is unavailable, then by
one (1) of the other two (2) such authorized persons.
(3) Separation of expenditure, transfer or withdrawal.In connection herewith, no authorized
person shall make or approve any separate expenditure, transfer, or withdrawal of any
funds of the city in order to avoid the requirement that two (2) authorized persons must
authorize an expenditure, transfer, or withdrawal of funds. For purposes hereof, a “separate
expenditure, transfer, or withdrawal” means an expenditure, transfer, or withdrawal that
would normally be made in a single transaction.
(b) Signature cards to be on file at depository bank.Each depository bank or other institution
holding or having on deposit any funds of the city shall be provided with a true and correct copy
of this section. The authorized persons identified in subsection (a) above shall have on file with
such bank or institution a signature card or other form of authorization provided by such bank or
institution reflecting the number of signatures required herein, and the name and signatures of
such persons, and such card or other form of authorization shall be kept current at all times.
(Ordinance 196 adopted 8/20/05)
§ 1.06.002 Depository service application policy.
In its consideration of applications for the performance of depository services for the city from one or
more banks, credit unions, or savings associations, the city council is expressly permitted to consider
applications received by the city from a bank, credit union, or savings association (i) that maintains
a place of business within the state and offers within the state the services required by the city’s
depository services contract, and (ii) that is not doing business within the city, after taking into
consideration what is in the best interest for the city in establishing a depository.
(Ordinance 213 adopted –/–/09)
§ 1.06.003 Disposal of surplus property.
(a) Approval of sale.The city shall adhere to article 3, section 52 of the Texas Constitution [which]
prohibits a city from lending its credit or granting public money or thing of value in aid of or to
any individual, association or corporation whatsoever. All sales of worn-out, scrap, obsolete or
unused personal property of the city shall be approved by the city council according to the
probable value of such personal property as estimated by the council.
(b) Purpose and intent.It is the purpose of this section to follow state guidelines for the disposal of
city property.
(Ordinance 227 adopted 5/3/11)
DIVISION 2
Investment Policy
§ 1.06.031 Adopted; investment strategy.
(a) The Public Funds Investment Act, chapter 2256, Texas Government Code, prescribes that the
governing body of a local government is to adopt rules governing its investment practices and to
define the authority of the investment officer, including a written investment policy and a separate
written investment strategy for each of the funds or group of funds under the local government’s
control that is an integral part of the investment policy. Accordingly, the investment policy and
investment strategy in this division is hereby adopted as the investment policy and the investment
strategy for the city. The investment policy addresses the methods, procedures, and practices
which must be exercised to ensure effective and judicious fiscal management of funds of the city.
(b) The policy shall apply to the investment and management of all funds of the city under its control,
other than those expressly excluded herein or by applicable law or valid agreement. The policy
shall not supersede the restrictions on investment and use applicable to any specific fund and, in
the event of any conflict between this policy and the requirements of any fund subject hereto, the
specific requirement applicable to such fund shall be followed as well as all other provisions of
this policy other than those in conflict.
(Ordinance 249, sec. 1, adopted –/–/12)
§ 1.06.032 Purpose.
The purpose of this division is to set forth specific investment policy and strategy guidelines for the
city.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.033 General policy.
It is the policy of the city to invest public funds in a manner which will provide the highest investment
return with the maximum security while meeting the daily cash flow demands of the city and
conforming to all state statutes governing investment of public funds. The city shall adopt, by
resolution, its investment strategies and policy not less than annually. The resolution shall include a
record of changes made to either the investment policy or strategy. This policy serves to satisfy the
statutory requirement of the Public Funds Investment Act, chapter 2256, Texas Government Code (the
“Act”) to define, adopt and review a formal investment strategy and policy.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.034 Scope.
This investment policy applies to all financial assets of the city. These funds are accounted for in the
city’s annual financial audit report and include:
(1) General operating fund.
(2) Property revenue fund.
(3) Roads maintenance fund.
(4) Special projects (type B tax) fund.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.035 Prudence.
(a) Investments shall be made with judgment and care, under circumstances then prevailing, which
persons of prudence, discretion and intelligence exercise in the management of their own affairs,
not for speculation, but for investment, considering the probable safety of their capital as well as
the probable income to be derived.
(b) The standard of prudence to be used by investment officials shall be the “prudent person”
standard and shall be applied in the context of managing an overall portfolio. Investment officers
acting in accordance with written procedures and the investment policy and exercising due
diligence shall be relieved of personal responsibility for an individual security’s credit risk or
market price changes, provided deviations from expectations are reported in a timely fashion and
appropriate action is taken to control adverse developments.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.036 Objectives.
The city shall manage and invest its cash with four objectives:
(1) Safety.The primary objective of the city’s investment activity is the preservation of capital. Each
investment transaction shall be conducted in a manner to avoid capital losses, whether they are
from securities defaults or erosion of market value.
(2) Liquidity.The city’s investment portfolio will remain sufficiently liquid to enable the city to
meet all operating requirements that might reasonably be anticipated. This will be achieved by
matching investment maturities with forecasted cash flow requirements.
(3) Return on investment.The city’s investment portfolio shall be designed with the objective of
attaining a rate of return throughout budgetary and economic cycles that is commensurate with
the city’s investment risk constraints and cash flow characteristics.
(4) Public trust.All participants in the city’s investment process shall act responsibly as custodians
of the public trust.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.037 Delegation of authority.
Management responsibility for the investment program is hereby delegated to the city treasurer, who
is designated as the investment officer and who shall be responsible for all transactions undertaken,
shall establish a system of controls to regulate the program, and shall consult and coordinate with the
investment advisory committee. All persons acting as the city’s investment officer shall attend training
and otherwise maintain compliance with the duties of the position as defined by the Act.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.038 Investment advisory committee.
An investment advisory committee shall be appointed annually by the mayor at the time of review
of this investment policy. The investment advisory committee shall regularly but at least bi-annually
meet with the city treasurer and give guidance with regard to the investment of city funds and with
regard to administering and implementing this investment policy. In addition, the investment advisory
committee will also verify that the investment officer is current with training requirements under the
Act.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.039 Ethics and conflicts of interest.
Officers and employees involved in the investment process shall refrain from personal business activity
that could conflict with proper execution of the investment program, or which could impair their ability
to make impartial investment decisions. Employees and investment officials shall disclose to the mayor
and city council any material financial interests in financial institutions that conduct business within
this jurisdiction, and they shall further disclose any large personal financial/investment positions that
could be related to the performance of the city.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.040 Authorized financial dealers and institutions.
The city treasurer shall maintain a list of financial institutions authorized to provide investment
services as approved by the city council. No public funds shall be deposited except in a qualified
public depository as established by state law. All financial institutions and broker/dealers who desire
to become qualified bidders for investment transactions must supply the city treasurer with audited
financial statements, proof of National Association of Security Dealers certification, and depository
agreements. Each financial institution shall also acknowledge in writing acceptable to the city:
(1) Its receipt and review of the city investment policy;
(2) Its agreement to comply with the city investment policy; and
(3) That it has implemented reasonable procedures and controls in an effort to preclude investment
transactions conducted between the city and the financial institution that are not authorized by the
city investment policy.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.041 Authorized and suitable investments.
(a) Investments are restricted to:
(1) Obligations of the United States government or its agencies and instrumentalities;
(2) Direct obligations of the State of Texas or its agencies;
(3) Other obligations, the principal of and interest on which are unconditionally guaranteed or
insured by, or backed by the full faith and credit of, the State of Texas or the United States
or their respective agencies and instrumentalities;
(4) Certificate deposits [Certificates of deposit] issued by state and national banks domiciled in
the State of Texas and collateralized or fully insured by FDIC or U.S. government
securities;
(5) SEC registered, no-load money market mutual funds with a dollar weighted average
portfolio maturity of 90 days or less whose assets consist exclusively of U.S. government
securities and whose investment objectives include seeking to maintain a stable net asset
value of $1.00 per share;
(6) Texas local government investment pools as defined by the Public Funds Investment Act.
(b) No other investments will be made without authorization of the city council.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.042 Collateralization.
Deposits of public funds in checking, savings, and certificates of deposit shall be secured by eligible
securities in an amount not less than 102% of the total uninsured deposits. Collateral will be held by an
independent third party and evidence of ownership naming the city as pledgee shall be provided by the
depository. The depository will have the responsibility of maintaining adequate collateral as required
in this policy and shall report the city’s collateral position monthly. The right of collateral substitution
is granted, but should be clearly identified in the monthly collateral statement.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.043 Safekeeping and custody of securities.
All security transactions entered into by the city shall be purchased using the delivery vs. payment
method. Securities, including collateral, shall be held by a third party custodian in the name of the city
or on behalf of the city as evidenced by safekeeping receipts.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.044 Diversification and maximum maturities.
(a) The city treasurer will retain sufficient cash working funds to cover anticipated expenditures plus
a surplus to handle most emergency situations. Excess funds will be invested in approved
instruments, with maturities matching anticipated cash flow requirements. The city generally will
not invest directly in securities maturing more than one (1) year from the date of purchase.
However, the city treasurer may elect to invest not more than fifty [percent] (50%) of excess
funds in investments with maturities from 1 to 3 years.
(b) No longer term investments will be made directly by the city without written authorization of the
city council and then only if the maturity coincides as nearly as practicable with the expected use
of the funds.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.045 Internal controls.
The city treasurer shall establish an annual process of independent review by an external auditor. This
review will provide internal control by assuring compliance with policies and procedures.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.046 Performance standards.
(a) The investment portfolio shall be designed to obtain a rate of return throughout budgetary and
economic cycles commensurate with the investment risk constraints and cash flow needs. The
city treasurer shall use the 6-month U.S. Treasury bill rate to determine if adequate yields are
being achieved.
(b) The investment strategy is generally passive and securities will be held until maturity unless
prevailing market conditions or emergency needs require otherwise.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.047 Reporting.
The city treasurer shall provide to the city council monthly reports of investments listing individual
securities, maturity dates, coupon, discount, or earning rate, par value, amortized book value, and
market value. Market value shall be determined by monthly statements provided by the broker/dealer
or quotations from the Wall Street Journal.
(Ordinance 249, ex. A, adopted –/–/12)
§ 1.06.048 Annual review.
The city’s investment policy shall be adopted by resolution of the city council. The policy shall be
reviewed annually by the city council and any modifications made thereto must be approved by the
city council.
(Ordinance 249, ex. A, adopted –/–/12)
ARTICLE 1.07
CITY HALL
§ 1.07.001 Smoking.
(a) Smoking is prohibited in the city hall building during public or private meetings.
(b) The purpose of this section is to protect the health of the general public while attending meetings
at the city hall building.
(Ordinance 40 adopted 6/4/90)
§ 1.07.002 Alcoholic beverages.
(a) Alcoholic beverages are prohibited in or on the premises of city hall one hour prior to, during, or
for one hour after public or private meetings.
(b) The purpose of this section is to protect the health of the general public while attending meetings
at the city hall building.
(Ordinance 83 adopted 12/12/94)
ARTICLE 1.08
TREE PRESERVATION
DIVISION 1
Generally
§ 1.08.001 Purpose.
Because the process of development, with its alteration of the natural topography and vegetation and
creation of impervious cover, can have a negative effect on the ecological balance of an area by causing
increases in air temperatures and accelerating the processes of runoff, erosion, and sedimentation, the
city council adopts this article generally to promote and protect the health, safety, and welfare of the
public, and for the following specific purposes:
(1) To preserve and enhance the unique natural beauty, environment, and vegetative space within the
city.
(2) To encourage the protection of healthy trees and provide for the replacement and/or replanting of
trees that are necessarily removed during construction, development or redevelopment.
(3) To provide for the preservation and protection of larger native or established trees, which provide
a valuable amenity to the environment and which, once destroyed, can only be replaced after
generations.
(4) To aid in stabilizing the environment’s ecological balance by contributing to the processes of air
purification, oxygen regeneration, groundwater recharge, and stormwater runoff retardation,
while at the same time aiding in noise, glare, wind, and heat abatement.
(5) To provide for open space and more efficient drainage of land, thereby reducing the effects of
soil erosion and the need for additional drainage facilities.
(6) To conserve energy.
(7) To preserve the country atmosphere and natural environment that define the community character
of Lowry Crossing and make it a unique and desirable community.
(8) To mitigate the ill effects of rapid and intense urbanization.
(9) To safeguard and enhance property values and to protect public and private investment.
(Ordinance 193, sec. 1, adopted 11/9/04)
§ 1.08.002 Applicability.
(a) Except as otherwise provided, this article applies to real property within the city’s corporate limits
and within the city’s extraterritorial jurisdiction, where stated, as follows:
(1) All vacant and undeveloped real property.
(2) Redevelopment that affects thirty percent (30%) or more of an existing development.
(3) All real property to be subdivided, resubdivided, or otherwise replatted, including record
plats and replats, whether such property is located within the corporate limits or within the
extraterritorial jurisdiction of the city.
(b) This article does not apply to the following:
(1) Lots in the Agricultural district.
(2) Property governed by a landscape plan approved by the city council or the city plan
commission.
(3) The lot on which an existing and occupied single-family or two-family structure is located.
(4) Plant or tree nurseries in relation to those trees planted and growing on the premises for sale
or intended sale to the general public in the ordinary course of business.
(5) Public utility construction and maintenance.
(Ordinance 193, sec. 2, adopted 11/9/04)
§ 1.08.003 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
City council. The city council of the City of Lowry Crossing, Texas.
Person. An individual, firm, partnership, corporation, association, or other legal entity.
Recommended tree. A tree listed in section 23A-11 of the zoning ordinance.
Recommended tree list. The list of recommended trees contained in section 23A-11 of the zoning
ordinance.
(Ordinance 193, sec. 3, adopted 11/9/04; Ordinance adopting Code)
§ 1.08.004 Penalty.
Any person, firm, or corporation violating any of the provisions of this article shall be deemed guilty
of a misdemeanor and upon conviction be subject to a fine not to exceed $500.00 for each offense, and
each unauthorized tree removed shall constitute a distinct and separate offense.
(Ordinance 193, sec. 10, adopted 11/9/04)
§ 1.08.005 Additional requirements.
(a) Plant materials must be measured and sized according to the Texas Association of Nurseries
standards.
(b) All plantings for erosion control must be maintained by the property owner.
(Ordinance 193, sec. 9, adopted 11/9/04)
DIVISION 2
Tree Removal Permit
§ 1.08.031 Required.
No person, directly or indirectly, shall cut down, destroy, remove, move, or effectively destroy through
damaging the roots, trunk or canopy, any tree situated on property regulated by this article without first
obtaining a tree removal permit, unless otherwise exempted by the provisions of this article.
(Ordinance 193, sec. 4, adopted 11/9/04)
§ 1.08.032 Tree survey.
An application for a tree removal permit must be accompanied by a tree survey. Such survey shall
show the location, caliper, and name of all trees on the lot.
(Ordinance 193, sec. 6, adopted 11/9/04)
§ 1.08.033 Approval or denial.
(a) In rendering a decision concerning a tree removal permit application, the council shall consider
the following factors:
(1) The feasibility of relocating a proposed improvement that would require the removal.
(2) The cost of preserving the tree.
(3) Whether the removal is contrary to the public health, safety, or welfare.
(4) The impact of the removal on the urban and natural environment.
(5) Whether an economically viable use of the property will exist if the application is denied.
(6) Whether the tree is worthy of preservation.
(7) Whether the tree is diseased.
(8) The effect of the removal on erosion, soil moisture retention, flow of surface waters, and
drainage systems.
(9) Whether a tree interferes with a utility service.
(10) The proximity of the tree to existing or proposed structures.
(b) The city council may approve a tree removal permit, deny the permit or approve the permit with
conditions. If a tree removal application is approved, one or more trees may be required to be
planted as mitigation, as determined by the city council. A recommended tree list is contained in
section 23A-11 of the zoning ordinance. An application approved subject to conditions shall not
be considered as finally approved until all conditions are met.
(Ordinance 193, sec. 7, adopted 11/9/04; Ordinance adopting Code)
ARTICLE 1.09
PARKS
DIVISION 1
Generally
§ 1.09.001 Prohibited conduct.
(a) It shall be unlawful for any person to engage in the following conduct within the boundaries of a
City park:
(1) Enter or remain in a park when the park is closed. For purposes of this section, a park is
considered to be closed after sunset and before sunrise on a given day unless hours of
operation are otherwise officially posted by the City;
(2) Permit an animal to run at-large or fail to be restrained by a leash at all times and be
accompanied by a person;
(3) Fail to immediately remove and dispose of any waste produced by an animal;
(4) Possess or consume an alcoholic beverage in a park, except during special events permitted
or approved in writing by the City and when possessed in compliance with any temporary
event permit granted by the Texas Alcoholic Beverage Commission for such special event;
(5) Possess or consume any illegal drugs in a park;
(6) Smoke any tobacco product, marijuana- or hemp-derived product, or use any electronic
vaping device in a City park;
(7) Place, abandon, dump, or leave garbage, cans, bottles, papers, or other refuse except in
proper waste receptacles;
(8) Possess any glass bottle and other glass container in a City park;
(9) Operate a motorized vehicle of any kind in a City park other than on a paved street or
designated parking area.
(b) Enforcement:
(1) The enforcement authority for this article shall be in any law enforcement agency with
jurisdiction.
(2) Any individual, person, firm, corporation, or other business entity violating or failing to
comply with any provision hereof shall be fined, upon conviction, in an amount of not more
than $500.00.
(Ordinance 390 adopted 10/14/2025)
DIVISION 2
Parks Advisory Board
§ 1.09.031 Established.
There is hereby created and established within the city a parks advisory board. The parks board shall
perform such duties as the city council may, from time-to-time, prescribe by ordinance, resolution, or
order.
(Ordinance 348 adopted 5/10/2022)
§ 1.09.032 Number of board members/appointments/terms.
(a) The members of the board shall consist of a minimum of five (5) members and a maximum of
seven (7) members, to be appointed by the city council. Members shall be designated by place
number. Places one, three, five, and seven (if applicable) shall be appointed to two-year terms
ending on April 30th in odd number years. Places two, four, and six (if applicable) shall be
appointed to two-year terms ending on April 30th in even number years. No board member shall
serve for more than three (3) consecutive terms or six (6) consecutive years (whichever is less);
provided, however, should a board member's replacement not be qualified upon the expiration of
any term of a board member, then that board member shall holdover on the board until a qualified
replacement board member has been appointed.
(b) The city council acknowledges and hereby finds that despite providing for two-year terms in Sec.
1.09.032(a), the initial terms of the first appointed members in places one, three, five, and seven
(if applicable) shall end on April 30, 2023, being a one-year term. This will provide for the board
members to have staggered terms, as intended.
(Ordinance 348 adopted 5/10/2022)
§ 1.09.033 Qualifications and resignation or removal of members.
Each board member shall be a resident of the city. Each board member shall have any other
qualifications as the city council deems necessary and appropriate. Resignation of a member of the
board shall be in writing. Resignation is effective, and not subject to revocation, upon delivery of a
written notification to the city secretary, and such vacancy shall be filled by the city council for the
remaining term. Any member of the board shall be subject to removal by the city council for any cause
deemed by the city council to be in the best interest of the city. Any member being removed by the
city council may have a public hearing before the city council before his or her removal shall become
effective. Any member desiring such a public hearing shall notify the city secretary within five (5)
days from the date he or she is notified of the city council's intention to remove him or her. In the event
no such notification is filed with the city secretary within such five (5) day period, his or her removal
shall become final.
(Ordinance 348 adopted 5/10/2022)
§ 1.09.034 Meetings.
The board shall hold at least one (1) regular meeting each month. The board shall establish the regular
meeting dates and place, which shall be a public place with public notice as prescribed by law. Special
meetings may be called by the chairman or by written request sent to the chairman or vice-chairman by
three (3) members of the board. All meetings shall be open to the public in accordance with applicable
law. The board shall have authority to make rules and regulations for its meetings, and for conducting
its business, consistent with this division and applicable law.
(Ordinance 348 adopted 5/10/2022)
§ 1.09.035 Recommendations and voting.
The board shall serve as an advisory board to the city council and submit recommendations as
necessary to the city council regarding future expansion and expenditure of city funds to further the
development and maintenance of city parks. All recommendations or decisions from the board must be
a majority vote of the members present at an official meeting of the board. Only those voting members
present can vote. Recommendations directed to the attention of the city council must be presented in
writing.
(Ordinance 348 adopted 5/10/2022)
§ 1.09.036 Attendance and vacancies.
Any member of the board may not miss three (3) consecutive regular meetings without being excused
by the board. If a member is absent for three (3) consecutive regular meetings without being excused,
that member shall automatically forfeit their office and a vacancy is created. Such vacancy may then
be filled by appointment of a new member by the city council.
(Ordinance 348 adopted 5/10/2022)
§ 1.09.037 Officers.
The board shall have a chair, vice-chair, and secretary whose terms shall be one (1) year. The chair,
vice-chair, and secretary shall be elected by board members. The chairman shall preside over meetings
and shall be entitled to vote upon each issue. The vice-chairman shall assist the chairman in directing
the affairs of the board. In the absence of the chairman, the vice-chairman shall assume all duties of
the chairman. The secretary shall keep the minutes of all meetings and in the secretary's absence the
chairman shall designate another member to act as secretary. The secretary shall submit a written report
of all proceedings of the board to the city council no more than three (3) weeks following each meeting.
The secretary may accept the assistance of the city personnel in taking and transcribing minutes, when
available, but shall sign same officially before presenting same to the board for approval.
(Ordinance 348 adopted 5/10/2022)
§ 1.09.038 Powers and duties.
The board shall have the following powers and perform the following duties:
(1) To make and recommend for adoption a master plan, as a whole or in part, for the future
development and redevelopment of the city's parks and recreation facilities;
(2) To make recommendations to the city council for the adoption of ordinances and other rules,
regulations, goals and policies for the operation of the city's parks;
(3) To make recommendations to the city council relative to the acquisition, by lease, exchange or
purchase, of additional lands for public park and recreational purposes within or outside the city
limits;
(4) To investigate and make recommendations to the city council relative to the acquisition of gifts,
grants or matching funds from public or private entities for use in the development of additional
city park and recreational facilities;
(5) To make recommendations to the city council concerning the approval or disapproval of proposed
changes in the city's parks, recreational facilities, and related programs;
(6) To assist city staff, in an advisory capacity, in supervising, managing and controlling the city's
parks, recreational facilities and related programs;
(7) To assist city staff and the city council in the planning process for parks, recreational facilities
and related programs;
(8) To assist city staff and the city council in the recruitment of volunteers and the solicitation of
voluntary contributions;
(9) To promote park use and recreational program participation in the city; and
(10) To perform such other duties as may be delegated to the board by the city council as prescribed
by ordinance, resolution, or order.
(Ordinance 348 adopted 5/10/2022)
GENERAL PROVISIONS
LOWRY CROSSING CODE