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HomeMy WebLinkAbout95-3036262 CODIFICATION ADOPTION ORDINANCE NO. 95-3036 AN ORDINANCE ADOPTING AND ENACTING THE "PLAINVIEW CITY CODE," COMPILED AND CODIFIED BY AUTHORITY OF THE CITY COUNCIL; CONTAINING THE~eERMANENT, GENERAL ORDINANCES 9F THE CITY; REPEAL~~L ORDINANCES AND PARTS OF ~:OPd)INANCES OF A pERM~T~GENERAL NATURE NOT INCLUDED IN THE CODE IN FULL OR BY REFERENCE; PROVIDING A PENALTY FOR WRONGFULLY CHANGING OR TAMPERING WITH THE CODE; REGULATING THE BRINGING OF THE CODE UP TO DATE; PROVIDING FOR CERTIFICATION OF COPIES OF THE CODE, AND FOR SALE OF COPIES THEREOF: AND PRESCRIBING THE TIME WHEN THE CODE SHALL BECOME EFFECTIVE. Be it ordained by the City Council of the City of Plainview, Texas that: Sec. 1. Code adopted; how cited. (a) The Code of Ordinances compiled and codified for the City of Plainview, Texas, by the Plainview City Attorney's Office, by authority of the City Council, entitled "Plainview City Code," consisting of chapters 1 through 25 and indexes, is hereby adopted and enacted for the City of Plainview, Texas. (b) The Code may be cited as "Plainview City Code" or "City Code" or other properly identifying designation. When a supplement or supplements have been prepared and inserted in the Code as provided herein below, the words "as amended" may be added to the citation or title when referring to the Code as amended. Sec. 2. Permanent, general ordinances not included in Code are repealed. All ordinances and parts of ordinances of a permanent, general nature passed prior to the time this Code is adopted and in effect at the time the Code is adopted, which conflict with provisions of this Code or whose subject matter is covered by this Code, but not included in the Code in full or by reference, are hereby repealed as of the time the Code goes into effect. Sec. 3. Repeal of ordinances not to affect any offense or act done prior to time code goes into effect, etc. The repeal of ordinances and parts of ordinances of a permanent, general nature by the above section of this ordinance shall not affect any offense committed or act done, or any contract, right, or obligation established prior to the time when said ordinances and 1 of 5 263 parts of ordinances are repealed. Sec. 4. Temporary_ and/or special ordinances continue in effect, although omitted from the Code. (a) The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from the Code, shall not be affected by such omission therefrom; and the adoption of the Code shall not repeal or amend any such ordinance or part of a~y such ordinance. (b) Among the temporary and/or special ordinances not repealed or amended by the adoption of the Code are the following: ordinances creating, opening, dedicating, vacating, or closing specific streets, alleys, and other public ways; relating to specific special easements; naming or changing the names of specific streets and other public ways; establishing or changing the grades of specific streets and other public ways; authorizing or relating to specific issues of bonds; creating or relating to specific sewer and paving districts and other specific local improvement districts; annexing territory to, or disannexing territory from, the city; calling or relating to a specific election; appropriating money; making the annual tax levy; approving plats and dedication deeds; approving, authorizing, or confirming specific contracts with the State or with others; authorizing a specific lease, sale, or purchase of property; granting rights-of-way or other rights and privileges to specific railroad companies or others; granting a specific public utility or other person, firm, or corporation the right or privilege of constructing lines in the streets, alleys and other public areas, or otherwise using such streets, alleys and places; granting a franchise to a specific public utility; authorizing street improvements and levying assessments therefore; and accepting specific street improvements or other construction. Sec. 5. Catchlines and headings. Catchlines and headings of sections and other subdivisions of the Code adopted by this ordinance or in supplements to the Code are inserted for the convenience of users of the Code and shall have no legal effect. Sec. 6. Notes inserted for convenience. Notes indicating sources of sections, giving other information or referring to the statutes or to Other parts of the Code, are inserted in the Code, and may be inserted in supplements to the Code, for the convenience of persons using the Code. Sec. 7. Certified copies of the Code. (a) The mayor shall carefully examine at least one copy of the Code adopted by this ordinance to see that it is a true and correct copy of the Code. Similarly, after each supplement has been prepared, printed and inserted in the Code, the mayor shall carefully examine at least one copy of the Code as amended to see that it is a true and correct copy of the Code as amended. The mayor shall then insert a certificate in the front of the said true and correct copy or copies of the Code certifying substantially that the copy is a true and correct copy of the Code of Ordinances of the city, including all permanent, general ordinances passed or adopted prior to the date to which the Code has been brought up to 2 of 5 264 date and still in effect on that date. All of the pages of the Code and the certificate shall be bound together by running a one-piece ribbon through holes in the inner margin of all the sheets and tying the ends of the ribbon in a secure knot. The ends of the ribbon shall then be placed under an adhesive seal wafer and fastened to the certificate by the wafer. The mayor shall sign the certificate, and the city secretary shall attest and seal it with the seal of the city, impressing the seal on the-Wafer and the certificate to:which it is attached. (b) A copy of the Code as originally adopted or amended, so bound, certified and sealed, shall constitute the permanent, general ordinances of the city as of the date indicated on the title page and in the certificate, and shall be so accepted by courts of law, administrative tribunals, and others concerned. (c) One copy of the Code so bound, certified, and sealed most recently, shall be kept in the office of the city secretary at all times, and may be inspected by any interested person at any time during regular business hours; but may not be removed from the city secretary's office or possession except upon proper order of a court of law or the city council. Sec. 8. Permanent, general ordinances passed after this Code is adopted. Ordinances and parts of ordinances of a permanent, general nature passed or adopted after this .Code is adopted may be passed or adopted either (1) in the form of amendments to the Code of Ordinances adopted by this ordinance, or (2) without specific reference to the Code; but in either case, all such ordinances and parts of ordinances shall be deemed amendments to this Code; and all of the substantive, permanent, general parts of such ordinances and changes made thereby in the Code shall be inserted and made in the Code whenever a supplement is prepared for the Code as provided in the next section. Sec. 9. Supplement to be prepared embodying permanent, general ordinances. (a) By contract or by city personnel, a supplement to the Code of Ordinances adopted by this ordinance shall be prepared and printed whenever authorized or directed by the city council, The supplement shall be loose-leaf, and shall include all substantive, permanent, general parts of ordinances passe~t or adopted 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, where necessary, replace pages which have become obsolete or partially obsolete; and the new pages shall be so prepared that, when they have been inserted, the Code will be up to date to the date to which the Code is being brought up to date. (b) When preparing a supplement, the codifier (meaning in this ordinance the person, agency or organization authorized to prepare the supplement) may make formal, non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them in a unified code. For example, the codifier may: (1) organize the material into appropriate subdivisions; (2) provide the appropriate catchlines and headings for sections and other subdivisions of the Code printed in the supplement, and may make changes in such catchlines and headings; (3) assign appropriate numbers to sections and other subdivisions inserted in 3 of 5 265 the code; (4) change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections -- to --" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordi~a~ mcorporated in the Code); and -.~9~,~: (5) make othe.r?~-~stantive changes necessary to preseave the original meaning of Ordinance sectmns 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. (c) Each supplement shall include a new tire page for the Code; and the tire page shall include a notation below the title indicating that the Code contains all permanent, general ordinances passed prior to the date to which the Code is brought up date and still in effect. The words "as amended" may be added to the tire. (d) With prior approval of the city attorney or city council, a supplement may include new materials in appendixes to the Code for convenience of persons using the Code. (e) Every supplement shall include an index supplement if needed to index the materials in the supplement or supplements, or a new index to the Code. (f) In preparing every supplement, the codifier shall be subject to the direction and supervision of the city attorney. (g) After every supplement has been prepared and printed, a number of copies of the supplement equal at least to the number of copies of the Code still in existence, shall be deposited in the office of the city secretary. On request, the city secretary shall furnish one copy of every supplement to each holder of a copy of the Code without charge or at such charge as the city council may determine. Sec. 10. Penalty for altering or tampering with Code. Any person, firm or corporation who alters, changes or amends the Code of Ordinances adopted by this ordinance except in the manner prescribed by this ordinance, or who alters or tampers with the Code in any manner so as to cause the Ordinances of the City to be misrepresented thereby, is guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than two hundred dollars ($200.00). Sec. 11. Sale of copies of the Code. The city secretary is hereby authorized and directed to sell copies of the Code of Ordinances to the public at a price to be determined from time to time by the city council. Sec. 12. Severability. If a part of the Code of Ordinances adopted by this ordinance or of this ordinance is invalid, all valid parts which are severable from the invalid parts remain in effect. If a part of this Code or of this ordinance is invalid in one or more of its applications, the part remains in effect in all valid applications which are severable from the invalid applications. Sec. 13. Date of effect. This ordinance and the Code of Ordinances adopted by it shall take effect and be in full force immediately from and after the passage, approval, and publication of this 4 of 5 266 ordinance. PASSED AND APPROVED this 14 day of March, 1995~ LlOyd Woods, Mayor ATTEST: Kamen McBeth, City Secretary 5 of 5