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HomeMy WebLinkAbout98-3195CODIFICATION AMENDMENT ADOPTION ORDINANCE NO. 98-3195 AN ORDINANCE ADOPTING AND ENACTING AMENDMENTS TO THE CODE OF THE CITY OF PLAINVIEW; COMPILED AND CODIFIED BY AUTHORITY OF THE CITY COUNCIL; CONTAINING AMENDMENTS TO THE PERMANENT, GENERAL ORDINANCES OF THE CITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A PERMANENT, GENERAL NATURE NOT INCLUDED IN THE CODE IN FULL OR BY REFERENCE; PROVIDING A PENALTY FOR WRONGFULLY CHANGING OR TAMPERING WITH THE CODE; PROVIDING FOR CERTIFICATION OF COPIES THEREOF; AND PRESCRIBING THE TIME WHEN THE AMENDED CODE SHALL BECOME EFFECTIVE. Be it ordained by the City Council of the City of Plainview, Texas that: Sec. 1. Code adopte& 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 "City of Plainview Code of Ordinances," consisting of chapters 1 through 25 and indexes, is hereby amended and enacted for the City of Plainview, Texas. (b) The Code may be cited as "City of Plainview Code of Ordinances" or "City Code" or other property 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. 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 any such ordinance. (b) Among the temporary and/or special ordinances not repealed or amended by the adoption of the Code are following: ordinances revising or amending Plainview's zoning ordinances; ordinances creating, opening, dedicating,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 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 c:h-nyfiles\ordinan&a-codify pPaage 1 of 3 ge 1 of 3 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. 3. Certified copies of the Code. (a) After each supplement has been prepared, printed and inserted in the Code, the city secretary and city attorney shall carefully examine the Code as amended to see that it is a true and correct copy of the Code as amended. The city secretary shall then insert a certificate in the front of the said true and correct copy of copies of the amended Code certifying substantially that the copy is a true and correct copy of the Code or 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 date and still in effect on that date. (b) A copy of the Code as originally adopted and amended, and certified 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 as amended, and certified, 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 under proper order of a court of law of the city council. Sec. 4. 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. Sec. 6. 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. 7. 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. 8. Severability. c:~ayfiles\ordinan&a-codify pPaage ~2 of 3 ge z of 3 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. Ifa 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. 9. Date ofeffect. This ordinance and the Code of Ordinances adopted by it shall take effect and be in full force immediately from and after the passage, and approval of this ordinance. PASSED AND APPROVED this 10th day of November, 1998 Karen McBeth, City Secretary APPROVED AS TO FORM AND CONTENT: V~II~ ~a//ch, City Attorney c :xmyfiles\ordinancXa-codify pPaage ~3 of 3 ge .~ of 3