ORD 1998-30 - Adopting Code of Ordinances 11-17-1998l
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L. ORDINANCE NO. 98-30
ORDINANCE ADOPTING CODE OF ORDINANCES
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING
AND ENACTING A REVISED CODE OF ORDINANCES, ESTABLISHING
THE SAME AND PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES NOT INCLUDED IN SUCH CODE AS WELL AS
PROVIDING FOR EXCEPTIONS; PROVIDING FOR THE DESIGNATION
OF SUCH CODE AND HOW IT MAY BE CITED; PROVIDING FOR
CATCHLINES USED IN THE CODE; PROVIDING FOR CERTAIN
DEFINITIONS AND RULES OF CONSTRUCTION FOR THE CODE;
PROVIDING FOR AMENDMENTS OR ADDITIONS TO THE CODE;
PROVIDING FOR THE SUPPLEMENTATION OF THE CODE;
PROVIDING FOR A PENALTY OF FIVE HUNDRED DOLLARS FOR
EACH OFFENSE EXCEPT FOR VIOLATIONS OF MUNICIPAL
ORDINANCES GOVERNING FIRE, SAFETY, ZONING, PUBLIC HEALTH
AND SANITATION, INCLUDING DUMPING OF REFUSE, VEGETATION
AND LITTER VIOLATIONS IN WHICH THE MAXIMUM FINE SHALL BE
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND
EXCEPT FOR VIOLATIONS OF TRAFFIC LAWS AND ORDINANCES
WHICH PUNISHABLE AS A CLASS C MISDEMEANOR WHICH SHALL
BE PUNISHED BY A FINE NOT TO EXCEED TWO HUNDRED ($200.00);
PROVIDING FOR SEVERABILITY OF ALL PARTS OF THE CODE;
ADOPTING A STANDARD BUILDING CODE; PROVIDING FOR THE
ISSUANCE OF BUILDING PERMITS AND THE FEES THEREFOR;
ADOPTING THE NATIONAL ELECTRICAL CODE; ADOPTING THE
STANDARD PLUMBING CODE; ADOPTING THE STANDARD GAS CODE,
REGULATING DANGEROUS BUILDINGS; ADOPTING THE STANDARD
FIRE PREVENTION CODE; SAVING THE SUBDIVISION ORDINANCE
FROM REPEAL; SAVING THE ZONING ORDINANCE FROM REPEAL;
AND ESTABLISHING AN EFFECTIVE DATE FOR THIS ORDINANCE
AND THE CODE OF ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS:
SECTION 1: That the Code of Ordinances, consisting of Titles 1 through 33, provided with and
attached to this Ordinance, each inclusive, is hereby adopted and enacted as the
Code of Ordinances of the City of Huntsville, Texas, and shall be treated and
considered as a revised comprehensive ordinance, which shall supersede all other
general and permanent ordinances passed by the City Council on or before
November 12, 1998, to the extent provided herein in this Ordinance, "Code of
Ordinances" or "Code" shall refer to that code adopted under the provisions
herein.
SECTION 2: That all provisions of such Code shall be in full force and effect from and after the
1st day of December, 1998, and all ordinances of a general and permanent nature
of the City of Huntsville, Texas, enacted on or before and not included in this
Code or recognized and continued in force by reference herein, are hereby
repealed from and after the 1st day of December, 1998, except as hereinafter
provided.
SECTION 3: A. That the repeal provided for in Section 2 above shall not affect any of the
following:
1. Any events or act committed or done, or any penalty or forfeiture incurred,
or any contract or right established or occurring before the effective date
of this Code.
2. Any ordinance 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's indebtedness.
3. Any contract or obligation assumed by the City.
4. Any franchise granted by the City and their amendments.
5. Any ordinance dedicating, naming, establishing, locating, relocating,
opening, paving, widening, vacating, or affecting the right -of -way of any
street or public way in the City.
6. Any ordinance relating to municipal street maintenance agreements with
the State of Texas.
7. Any appropriation ordinance or ordinance providing for the levy of taxes
or for adoption of an annual budget.
8. Any ordinance relating to local improvements and assessments therefor.
9. Any ordinance annexing territory to the City including their related service
plans, or any ordinance discontinuing territory as a part of the City.
10. Any ordinance dedicating or accepting any plat or subdivision in the City.
11. Any ordinance pertaining to the calling of municipal elections, appointing
of election officers, or ratifying the results of any election.
12. Any ordinance establishing rates to be charged by privately or semi-
publicly owned utility companies.
13. Any ordinance enacted on or after November 17, 1998.
B. The repeal provided for in Section 2 shall not 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: A. That whenever in the Code of Ordinances or any ordinance of the City
previously adopted by the City Council, 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 such Code or any such ordinance shall be
punished by a fine not exceeding five hundred dollars ($500.00), except for:
1. Violations of municipal ordinances that govern fire safety, zoning and
public health and sanitation including dumping of refuse, in which case
the maximum fine shall be two thousand dollars ($2,000.00) for each
offense; and for
2. Violations of traffic laws and ordinances which are punishable as a Class
C Misdemeanor, in which case the maximum fine shall not exceed two
hundred dollars ($200.00).
B. 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 of Texas.
Each day any violation of such Code of Ordinances or any ordinance shall
continue shall constitute a separate offense unless otherwise designated. Any
violation of any provision of such Code of Ordinances which constitutes an
immediate danger to the health, safety and welfare of the public may be
enjoined in a suit brought by the City for such purposes.
SECTION 5: That any and all amendments and additions to such Code of Ordinances, when
passed in such form as to indicate the intention of the City Council to make the
same a part of the Code of Ordinances, shall be deemed to be incorporated in such
Code of Ordinances so that reference to the "Code of Ordinances of the City of
Huntsville, Texas." shall be understood and intended to include such additions
and amendments.
SECTION 6: That in case of the amendment of any article or section of the Code of Ordinances
for which a penalty is not provided, the general penalty as provided in Section 4
hereof shall apply to the article or section as amended, or, in case such
amendment contains provisions for which a penalty other than the aforementioned
general penalty is provided, the penalty so provided in existing article or section
shall be held to relate to the article or section so amended, unless the penalty is
specifically repealed therein.
SECTION 7: That a copy of the Code of Ordinances shall be kept on file in the office of the
City Secretary in looseleaf form. It shall be the express duty of the City
Secretary, or someone authorized by the City Secretary, to insert in the designated
places all amendments or ordinances which indicate the intention of the City
Council to make the same a part of such Code of Ordinances when the same has
been printed or reprinted in page form by the codifier designated by the City
Council and to extract form such Code all provisions which may be from time to
time repealed by the City Council. Such copy of such Code shall be available for
all persons desiring to examine the same at any time during regular business
hours.
SECTION 8: That it shall be an offense for any person to change or amend, by additions or
deletions, any part or portion of this Code of Ordinances, or to insert or delete
pages or portions thereof, or to alter or tamper with such Code in any manner
whatsoever which will cause a law of the City of Huntsville to be misrepresented
thereby. Any violation of this section shall be punished as a misdemeanor
offense.
SECTION 9: That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of the Code of Ordinances hereby
adopted are severable and, if any phrase, clause, sentence, paragraph, or section
shall be declared unconstitutional by the valid judgment of any court of
competent jurisdiction, such unconstitutionality shall not effect any of the
remaining phrases, clauses, sentences, paragraphs, or sections, since the same
would have been enacted by the City Council without the incorporation of any
unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 10: That all ordinances or parts of ordinances in conflict herewith are, to the extent of
such conflict, hereby repealed.
SECTION 11: This ordinance shall take effect ten (10) days after its passage by the City
Council. The City Secretary shall publish the caption of this ordinance in the
official City newspaper at least twice within ten (10) days of its passage. Texas
Local Government Code § 52.013.
PASSED AND APPROVED this the 17th day of November, 1998.
THE �ITY OF HUN VILLE
William B. Green, Mayor
AT ST:
Danna Welter, City Secretary
APPROVED AS TO FO
Scott Bo ds, City ttorney