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ORD CC 12/12/61 - Code of OrdinancesORDINANCE NO. AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDI- NANCES OF THE CITY OF HUNTSVILLE, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PRO- VIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1. That the Code of Ordinances, consisting of Chapters 1 to 17, each inclusive, is hereby adopted and enacted as the "Code of Ordi- nances, City of Huntsville, Texas, " and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before October 3, 1961, to the extent provided in Section 2 hereof, Section 2. That all provisions of such Code shall be in full force and effect from and after the / day of/ a2 , 196 C.-- and all ordinances of a general and permanent nature of the City of Huntsville, enacted on final passage on or before October 3, 1961, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the day of 1t 1"'^�`1 , 196 2,, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed. Section 3. That the repeal provided for in Section 2 hereof shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City indebtedness, or any contract or obligations assumed by the City; nor shall such repeal affect the administrative ordinances or resolutions of the City Council not in conflict or inconsistent with the provisions of such Code; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City; nor shall such repeal affect any appropriation ordinance; nor shall such repeal affect any ordinance fixing water or sewer service or tapping charges or relating to deposits or bonds required of applicants for water service; nor shall such repeal affect any ordinance relating to traffic or parking regulations on particular streets or in specific areas or zones; nor shall such repeal affect any ordinance establishing and prescribing the street grades of any street in the City; nor shall such repeal affect any ordinance providing for local improvements and assessing taxes therefor; nor shall such repeal affect any ordinance dedicating or accepting any plat or subdivision in the City; nor shall such repeal affect any ordinance prescribing or extending the boundaries of the City; nor shall such repeal affect any ordinance or resolution adopting, approving, amend- ing or repealing rules and regulations of any board, commission or authority; nor shall such repeal affect any ordinance granting to any rail- road company the right to construct tracks in the City or any ordinance regu- lating any railroad crossing; nor shall such repeal affect any ordinance relating to municipal street maintenance agreements with the State of Texas; nor shall such repeal affect any ordinance enacted after October 3, 1961; nor shall such repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is required or the failure to do - 2 - any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine not exceeding two hundred dollars ($200.00), as provided in Section 1 -8 of such Code. Section 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorpora- ted in such Code so that reference to the "Code of Ordinances, City of Huntsville, Texas, " shall be understood and intended to include such additions and amendments. Section 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1 -8 of such Code shall apply to the section as amended; or, incase such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. Section 7. That a copy of such Code shall be kept on file in the office of the City Secretary preserved in looseleaf form, or in such other form as the City Secretary may consider most expedient. It shall be the express duty of the City Secretary, or someone authorized by her, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. This copy of such Code shall become available for all persons desiring to examine the same. - 3 - Section 8. That it shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Huntsville to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance. Section 9. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 10. This ordinance shall become effective on the 1 N day of , 196 -. PASSED AND APPROVED this ATTEST: Q/e2Z- hea-tv City Secretary / 2- day of .gecr4yth—, 196 Mayor • STATE OF TEXAS: COUNTY OF WALKER: This Code of Civil and Criminal Ordinances of the City of Huntsville, adopted and enacted on this, the day of 196 % , as the "Code of Ordinances, City of Huntsville, / ordinance of the City Council, effective the Texas," by day of , 196 I , and after the adoption and publication of the Adopting Ordinance, as required by law, is hereby duly authenticated and approved. IN WITNESS WHEREOF, I have hereunto subscribed my name as Mayor of the City of Huntsville, and attested by the City Secretary, with the seal of the City affixed hereto, this 196 . day of -lei` x`.."