Ordinance No. 879ORDINANCE NO. 879
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE
REPEAL OF CERTAIN ORDINANCES NOT 'INCLUDED THEREIN, EXCEPT AS HEREIN
EXPRESSLY PROVIDED; 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 BAYTOWN:
Section 1: That the Code of Ordinances, consisting of Chapters 1 to
31, each inclusive, is hereby adopted and enacted as the "Code of Ordinances,
City of Baytown, 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 July 28, 1966, 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 27th day of September, 1967, and all ordinances of
a general and permanent nature of the City of Baytown, enacted on final passage
on or before July 28, 1966, and not in such Code or recognized and continued in
force by reference therein are hereby repealed from and after the 27th day of
September, 1967, except as hereinafter provided. No resolution of the City not
in conflict with the provisions of such Code is hereby repealed.
Section 3: That the repeal provided for in Section 2 hereof shall not
affect the following:
(1) 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;
(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, or any contract or
obligation assumed by the City;
(3) Any ordinance fixing the salaries of city officers or employees;
(4) Any right or franchise granted by the City;
(5) Any ordinance prescribing the rates to be charged by public utilities
or other companies holding a franchise from the City, except those
rates set out in Chapter 31;
(6) Any ordinance dedicating, naming, establishing, locating, relocating,
opening, widening, paving, vacating, closing, etc., any street,
alley or public way in the City;
(7) Any appropriation ordinance;
(8) Any ordinance providing for local improvements and assessing
taxes therefor;
(9) Any ordinance which, by its terms, is limited in its effect to
a specific period of time;
(10) Any ordinance dedicating, accepting or approving any plat or
subdivision;
(11) Any ordinance prescribing or changing the boundaries of the City
or annexing or deannexing territory to or from the City limits;
(12) Any ordinance adopting, approving or prescribing specifications
for streets, sidewalks, curbs or other improvements;
(13) Any ordinance relating to municipal street maintenance agreements
with the State of Texas;
(14) Any ordinance establishing regulations for the construction, moving,
destruction, maintenance of buildings or relating to the regulation
of buildings from the standpoint of public health, safety or welfare;
(15) Any ordinance establishing regulations governing the installation
or maintenance of plumbing;
(16) Any ordinance or resolution designating one -way streets, stop
intersections, intersections at which traffic lights or signals
are to be installed, no parking areas or limited parking areas or
any other ordinances or resolution prescribing traffic regulations
or restrictions on specific streets or portions thereof or in
specific areas;
(17) Any ordinances establishing rules and regulations governing the
extension of sanitary sewers or water mains.
(18) Any ordinance enacted after July 28, 1966.
Section 4: That whenever in such Code an act is prohibited or is made or
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 -5 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 of the City of Baytown, 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
and Section 1 -5 of such Code shall apply to the
amendment contains provisions for which a penal
general penalty, is provided in another section
provided in such other section shall be held to
such penalty is specifically repealed therein.
provided in Section 4 of this ordinance
section so amended; or in case such
_y, other than the aforementioned
in the same chapter, the penalty so
relate to the section so amended, unless
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Section 7: That a copy of such Code shall be kept on file in the office
of the City Clerk, preserved in looseleaf form, or in such other form as the City
Clerk may consider most expedient. It shall be the express duty of the City
Clerk, or someone authorized by him, 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 be available for all
persons desiring to examine the same.
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 Baytown to be misrepre-
sented 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: In the event that any sentence, section or part of any
section or provision of this Ordinance be declared unconstitutional or invalid
for any reason, by a Court of competent jurisdiction, the remainder of this
ordinance shall not be affected thereby, but shall remain in full force and effect.
And it is hereby determined and declared to be, and it is, the intention of the
City Council, that in any such event the remainder and remaining provisions of
this ordinance would have been passed and approved, although any such sentence,
section, part or provision so declared unconstitutional or invalid, had been
originally omitted herefrom.
Section 11: This ordinance shall become effective on the 27th day of
September, 1967, and for newspaper publication as required by the Home Rule
Charter of this City and State Law.
m
INTRODUCED, READ and PASSED by a majority of the City Council of the
City of Baytown on this the 27th day of July, 1967.
ATTEST:
Edna Oliver, City Clerk
APPROVED AS TO FORM:
r
George Cha ler, City Attorney
Seab ravcy, M
THE STATE OF TEXAS X
COUNTY OF HARRIS X
This Code of Civil and Criminal Ordinances of the City of Baytown,
adopted and enacted on this, the 27th day of July, 1967, as the "Code of
Ordinances, Cicy of Baytown, Texas," by ordinance of the City Council, effective
the 27th day of September, 1967, and after the adoption and publication of the
adopting ordinance, as required by law is hereby duly authenticated and approved,
IN WITNESS WHEREOF, I hereunto subscribed my name as Mayor of the City
of Baytown, and attested by the City Clerk with the seal of the City affixed
hereto, this day of July, 1967.
rf
Seab Cravey, Moe-
ATTEST:
CAL r�A�=d�al
Edna Oliver, City Clerk