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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on or before July 28, 1966, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 27th day of September, 1967, except as hereinafter provided. No resolution of the City not in conflict with the provisions of such Code is hereby repealed.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 7 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