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HomeMy WebLinkAboutORD 1979-001 ORDINANCE NO. 79-1 AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF GRAPEVINE , TEXAS ; ESTAB— LISHING THE SAME ; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED, AND PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH ate- CODE ; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE ; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE , TEXAS : Section 1. That the Code of Ordinances , consisting of Chapters 1 to 26 , each inclusive, is hereby adopted and enacted as the "Code of Ordinances , City of Grapevine , 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 April 18 , 1978 , 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 effective date of this ordinance, and the substantive provisions of all ordinances of a general and permanent nature of the City of Grapevine , enacted on final passage on or before the date specified in Section 1 above, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance , except as hereinafter pro- vided. Resolutions of the City, not specifically mentioned, are not hereby repealed. Section 3 . That the repeal provided for in Section 2 here- of shall not affect any of the following : (a) 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 ; (b) Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bond of the City or any evidence of the City' s indebtedness ; (c) Any contract or obligations assumed by the City; (d) Any right or franchise granted by the City, whether or not all or portions of such franchises are set out in such Code; (e) Any ordinance dedicating, naming, establishing , locating, opening , paving, widening, vacating, etc . , any street or public way in the City; (f) Any ordinance relating to municipal street main- tenance agreements with the State of Texas ; (g) Any ordinance establishing or prescribing grades for %moo streets in the City; (h) Any appropriation ordinance or ordinance providing for the levy of ad valorem taxes or other taxes not mentioned herein, or providing for an annual budget; (i) Any ordinance relating to local improvements and assessments therefor; (j ) Any ordinance annexing territory to the City or discontinuing territory as a part of the City or any ordinance prescribing extraterritorial juris- diction agreements ; (k) Any ordinance dedicating or accepting any plat or subdivision in the City; (1) Ordinances and resolutions prescribing traffic regulations , not in conflict herewith; (m) Any zoning ordinance, nor any platting or sub- division ordinance; (n) Any administrative ordinance not in conflict with such Code; (o) Any ordinance prescribing personnel policies , procedures , or salaries and wages not in conflict herewith; (p) Any ordinance prescribing rates or charges of utility companies , not included herein; (q) The preambles , recitals and findings of facts contained in all ordinances included in such Code; (r) Any ordinance enacted after April 18 , 1978 . Provided, this ordinance may be amended from time to time to incorporate any of the matters listed above into the Code of Ordinances , at which time said exception or exceptions will be deemed to be deleted, whether expressly done so or not. This ordinance shall not be construed to revive any pre- viously repealed 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 misde- meanor, or whenever in such Code 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 shall be punished by a fine not exceeding Two Hundred Dollars ($200 . 00) , as provided in Section 1 - 6 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 incorporated in such Code so that reference to the "Code of Ordinances , City of Grapevine , Texas" , shall be under- stood 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 - 6 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another sec- „, tion in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended; un- less such penalty is specifically repealed therein. Immo 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 form as the City Secretary may consider most expedient . It shall be the express duty of the City Secretary or someone authorized by him, to insert in their designated places all amend- ments 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 be available for all persons desiring to examine the same. Section 8 . A copy of the City Code, duly authenticated over the original signatures of the Mayor , City Secretary and Attorney shall be filed in the office of the City Secretary. It shall be the express duty of the City Secretary, or someone authorized by him, to insert in their designated places all additions or amendments to the City Code which indicate the intention of the City Council to make the same a part of the City Code, when the same have been printed in page form, and to retract from the City Code all provisions which may be, from time to time, repealed by the City Council. The said copy of the City Code shall be available for all persons desiring to Ol"'" examine the same and it shall be considered the official City Code of Grapevine. Other official copies of the City Code may be authenticated over the facsimile signatures of the Mayor , City Secretary and Attorney. Such printed Code shall be ad- mitted in evidence in all courts and places without futher proof. Section 9 . The ordinance adopting such Code shall be published in the official publication of the City as required by law and the City Charter. Section 10. 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 Grapevine to be mis- represented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance. Section 11. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict , here- by repealed. Section 12 . That this ordinance shall become effective on - the 6th day of February, 1979 . Section 13 . The fact that the present zoning ordinance and regulations of the City of Grapevine , Texas , are inadequate to properly safeguard the health, safety, morals , peace, and general welfare of the inhabitants of the City of Grapevine , Texas , creates an emergency for the immediate preservation of the public business , property, health, safety, and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it accordingly so ordained. PASSED AND APPROVED on this the 6th day of February, 1979 . " V / —,40--(-)1&.-- Mayor ATTEST : City ecr a .42 APPROVED AS TO FORM: ity Attorney 4°.7°C°11°P.IP.