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82-1-Ordinance-Adopting the Code of Ordinances-05/17/1982 ORDINANCE NO. 82-1 AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES;: ESTABLISHING THE SAME; PROVIDING FOR REPEAL OF CERTAIN ORDINANCES NOT INCLUDED; PROVIDING EXCEPTIONS; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE, PROVIDING FOR CODE DES- IGNATION, CATCHLINES, DEFINITIONS, AMENDMENTS, AND SEPARABILITY, PROVIDING FOR ADMINISTRATION OF AD VALOREM TAXES; DESIGNATION OF FISCAL YEAR; ADOPTION OF TITLE 28, CHAPTERS 1-101 V.T.C.S., DESIGNATION OF OFFICIAL NEWSPAPER AND CITY DEPOSITORY, ESTABLISHING PROVISIONS FOR ANNUAL AUDIT, MUNICIPAL ELECTIONS, GOVERNING BODY, MUNICIPAL COURT, MISDEMEANORS UNDER STATE LAW, CLAIMS FOR DAMAGES AGAINST CITY; ESTABLISHING MEMBER- SHIP IN NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND TEXAS MUNICIPAL LEAGUE; AMENDING PENALTY FOR PERMITTING FOWL TO RUN AT LARGE, AMENDING DOG IMPOUNDMENT FEES; AMENDING BUILDING PERMIT FEES AND PENALTY FOR FAILURE TO OBTAIN.BUILDING PERMIT; AMENDING PENALTY FOR VIO- LATING BUILDING CONSTRUCTION REGULATIONS WITHIN FIRE LIMITS; AMENDING INSPECTION FEES FOR ELECTRICAL WORK PERMITS, AMENDING LICENSE FEES FOR TRAILER COACH PARKS; AMENDING PERMIT FEES FOR MOVING BUILDINGS; PROVIDING UNSAFE BUILDING REGULATIONS AND REGULATIONS FOR CURB, GUTTER, DRIVEWAY, AND SIDEWALK INSTALLATIONS; REVISING DEFINITION OF BILLIARD TABLES AND AMENDING LICENSE FEES FOR POOL HALLS; AMENDING LICENSE FEES FOR DOMINO HALLS AND ITINERANT MERCHANTS, VENDORS, AND PEDDLERS; AMEND- ING LICENSE FEES FOR PRIVATE REFUSE HAULERS; ESTAB- LISHING SALARY FOR FIRE MARSHAL; PROVIDING FOR APPROVAL OF VOLUNTEER FIRE DEPARTMENT CONSTITUTION AND BY-LAWS; AMENDING SPECIAL TRASH COLLECTION AND LANDFILL CHARGES; AMENDING CHARGES PERTAINING TO REMOVAL OF ILLEGALLY DUMPED REFUSE ON PRIVATE PROPERTY; PROVIDING FOR ADOPTION OF PERSONNEL POLICIES; PROVIDING FOR ADOPTION OF STATE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS AND OTHER STATE MOTOR VEHICLE LAWS; PROVIDING SPEED LIMIT REGU- LATIONS; P14ENDING WATER AND SEWER SERVICE CONECTION CHARGES; PROVIDING FOR REGULATION AND ADMINISTRATION OF ELECTRIC SERVICE; AMENDING RECONNECT FEE CHARGES FOR CUSTOMERS DISCONNECTED FROM UTILITY SERVICE ; AND PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS OF THIS CODE OF ORDINANCES UNLESS SPECIFIED OTHERWISE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: i SECTION l: That the .code of ordinances, consisting of chapters. 1 through 11, inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Sanger, 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 May 17, 1982, to. the extent provided herein. SECTION 2: That all provisions of such code shall be in full force and effect from and after the 17th day of May, 1982, and all ordinances of a general and permanent nature of the City of Sanger, Texas, enacted on final passage on or before May 17, 1982, and not included in this code or recognized and con- tinued in force by reference herein are hereby repealed from and after the 17th_day of May, 1982, except as hereinafter provided. No resolution of the city is repealed by this ordinance. SECTION 3: That the repeal provided for in section 2 above shall not affect any of the following: (a) .Any events or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or ,occurring before the effective date of this code. (b) 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. (c) Any contract or obligation assumed by the city. (d) Any right or franchise granted by the city. (e) Any ordinance -dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, or affecting the right-of-way of any street or public way in the city. (f) Any ordinance relating -to municipal street maintenance agreements with the State of Texas. (g) Any ordinances establishing or prescribing grades for streets in the city. (h) Any appropriation ordinance or ordinance providing for the levy of taxes or for adoption of an annual budget. ii (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. (k) Any ordinance dedicating or accepting any plat or subdivision in the city. (1) Any ordinance.enacted after May 17, 1982. (m) Any ordinance pertaining to municipal elections. (n) Any ordinance authorizing the installation. of traffic control devices or designating speed limits within the city. (o) Any ordinance establishing rates to be charged by privately owned utility companies. (p) City of Sanger Land Subdivision Ordinance No. 1-20-72 adopted January 17, 1972, and amendments thereto. (q) City of Sanger Zoning Ordinance No. 1964-2 adopted February 3, 1964 and amendments thereto. The repeal provided for in section 2 shall not be construed to revive any ordinance or part thereof that has been re- pealed by a1 subsequent ordinance which is repealed by this ordinance. SECTION 4s That wherever in such code an act is prohibited or is made or declared to be unlawful or an offense, or a misdemeanor, or whenever in such code the doing of an act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided, the violation of any such pro- vision of such code shall be punished by a fine not to exceed the sum of two hundred dollars ($200.00) for each offense or for each day such offense shall continue, if it is one classified as a continuing offense; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the State of Texas. iii SECTION 5: That any and -all amendments and additions to such coc7.e, when passed in such. form as to indicate the intention of the city council to make .the same a part of the code, shall be deemed to be incorporated in such code so that reference to the "Code of Ordinances, City of Sanger, Texas", shall be understood and intended to include such additions and amendments. SECTION 6: That in case of the amendment of any section of such code for which a penalty is not provided, the general penalty as pro- vided in section 4 of this ordinance 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 section of the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein. SECTION 7: That a copy of the code shall be kept on file in the. office of the city secretary in looseleaf form. It shall be the. express duty of the city secretary, or someone authorized. by the city secretary, to insert in the 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 has been printed or reprinted in page form, and to ex- tract from such code all provisions which may be from time to time repealed by .the city council. Such copy of such code shall be available for all persons desiring to examine the same at any time during regular business hours. SECTION 8: That it shall be an offense for any person to change or amend, by additions or deletions, any part or portion of this 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 a law of the City of Sanger to be misrepresented there- by. Any person violating this section shall be punished as provided in section 4 of this ordinance. iv SECTION 9: That all ordinances or parts of with are, to the extent of such SECTION 100 1 N COP ordinances in conflict here - conflict, hereby repealed. That the following provisions shall be included in the code of ordinances which this ordinance adopts and the same are hereby adopted for inclusion therein: (a) Sections 1 through 6 of chapter l,.pertaining to code designation, catchlines, definitions, amend- ments,penalties, and separability, as printed and included in this code of ordinances, are hereby adopted. (b) Section 8.A. through 8.C. of chapter 1, pertaining to the establishment of the office of tax assessor - collector, participation in the appraisal district, and due date for property taxes, as printed and in- cluded in this code of ordinances, are hereby adopted. (c) Sections 9 through 20of chapter 1, pertaining to designation of a fiscal year; adoption of Title 28, Chaptersl-10, V.T.C.S.; designation of official newspaper and city depository; provisions for annual audit, municipal elections, governing body, municipal court, misdemeAnors under state law, and claims for damages against city, and establishing membership in North Central Texas Council of Governments and Texas Municipal League, as printed and included in this code of ordinances, are hereby adopted. (d) Section 1 of chapter 2, pertaining to penalties for permitting fowl to run at large within city is amended to read as printed and included in this code of ordinances, and the general penalty as provided for in section 5 of chapter 1, is hereby adopted. (e) Section 2.E of chapter 2, pertaining to impoundment fees for dogs is amended to read as printed and in- cluded in this code of ordinances, is hereby adopted. (f) Section 1 of chapter 3, pertaining to fees for building permits and the penalty for the failure to obtain a permit is amended to read as printed and included in this code of ordinances, and the general penalty as provided for in section 5 of chapter 1, is hereby adopted. u (g) Section 3 of chapter 3, pertaining to penalties UMGINALUUrY violating building construction regulations within fire limits, is amended to read as printed and in- cluded in this code of ordinances, and the general penalty as provided in section 5 of chapter 1 of the code of ordinances, is hereby adopted. (h) Section 4.G(2) of chapter 3, pertaining to inspection fees relating to electrical work permits is amended to read as printed and included in this code of ordinances, is hereby adopted. (i) Section 7.C(2) of chapter 3, pertaining to license fees for trailer coach parks,is amended to read as printed and included in this code of ordinances, is hereby adopted. (j) Section 9.B(1)(d) of chapter 3, pertaining to permit fees for moving buildings within Sanger, is amended to read as printed and included in this code of ordinances, is hereby adopted. (k) Sections 11 and 12 of chapter 3, pertaining to unsafe building regulations and curb, gutter, driveway, and sidewalk installations, as printed and included in this code of ordinances, are hereby adopted. (1) Sections 1.A. and l.B(6) of chapter 4, pertaining to the definition of billiard table and license fees, is amended to read as printed and included in this code of ordinances, ISI .hereby adopted. (m) Section 2.D. of chapter 4, pertaining to license fees for domino halls is amended to read as printed and included in this code of ordinances, is hereby adopted. (n) Section 4. C(4) of chapter 4, pertaining to license fees for itinerant merchants, vendors, and peddlers, is amended to read as printed and included in this code of ordinances, is hereby adopted. (o) Section 6.A. of chapter fees for private refuse as printed and included is hereby adopted. 4, pertaining to license haulers, is amended to read in this code of ordinances, (p) Section 1.B. of chapter 5, pertaining to the salary of fire marshal, as printed and included in this code of ordinances, is hereby adopted. vi (q) Section 5 of chapter 5, providing Sanger Volunteer Fire Department By -Laws, as printed and included ordinances, is hereby adopted. for approval of the Constitution and in this code of (r) Section 6.G. and R. of chapter 6, pertaining to special trash collection charges and landfill charges is amended to read as printed and included in this code of ordinances, are hereby adopted. (s) Section 7.D. of chapter 6, pertaining to charges for removal of illegally dumped refuse on private property is amended to read asprinted and included in this code of ordinances, is hereby adopted. (t) Section 3 of chapter 7, providing for adoption of personnel policies, as printed and included in this code of ordinances, is hereby adopted. (u) Section 1 of chapter 9, providing for adoption of State Uniform Act Regulating Traffic on Highways and all other state motor .vehicle laws, as printed and included in this code of ordinances, is hereby adopted. (v) .Section 6.A. through 6.D. of chapter 9, pertaining to speed limit requlations, as printed and included i8. n this code of ordinances, are hereby adopted. (w) Section 2.A(1) and B(1) of chapter 10, pertaining to water and sewer service connection charges, is amended to read as printed and included in this code of ordinances,is hereby adopted. (x) Sections 7 through 13 of chapter 10, pertaining to electric service rates, electric deposits, electric line extensions, upgrading electric service, relocating electric facilities, installation of underground elec- tric service and street lights, as printed and included in this code of ordinances, are hereby adopted. (y) Section 14.C. of chapter 10, pertaining to reconnect fee charges for customers whose utility service h.as been disconnected, is amended to read as printed and included in this code of ordinances, is hereby adopted. vii SECTION 11: That wherever in such code provisions adopted in section 10 of this ordinance, the doing of an 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 shall be punished by a fine of not exceeding two hundred dollars ($200.00); provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation shall continue, shall constitute a. separate offense. SECTION 12: That it is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of the code provisions adopted in section 10 of this ordinance are separable. and, if any phrase, clause, sentence, paragraph, or section shall be declared unconsti- tutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections, since the same would have been enacted by the city council without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 13: That said code shall be admitted. in evidence without further proof and the city secretary shall record said code as adopted in the ordinance records of the city, and there- after such record shall serve as a record of the ordinances so codified and it shall not be necessary in establishing the content of any particular ordinance so codified to go beyond said record. . viii n r CITY SECRETARY SECTION 140 ORIGINAL COPY That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law in such case provides. DULY PASSED AND ADOPTED by the City Council of the City of Sanger, Texas, on the ATTEST: 17th day of Mai , 1982. /s/ Ralph B. Cole Mayor ix CITY OF SANGER, TEXAS TITLE 28 ADOPTED The City of Sanger, Texas, has accepted the provisions of Title 28, Chapters 1-10, Revised Civil Statutes of the State of Texas, 1925, and amendments thereto, relating to cities and towns. Evidence of such adoption is hereby submitted to the County Clerk of Denton County, Texas, to be filed and recorded in accordance with Article 961, V.T.C.S. SECTION 10: TITLE 28, R.C.S. OF STATE OF TEXAS ADOPTED Title 28, Chapters 1-10, Revised Civil Statutes of the State of Texas, 1925, and amendments thereto, relating to cities and towns are hereby adopted by the City of Sanger, Texas, and the government of the City and its affairs shall here- after by guided thereby. The City Council having determined that there exists six hundred (600) inhabitants or more within the City, and having adopted this section by a two- thirds (2/3) vote of the Council, the City Secretary is hereby directed to file notice of said adoption with the County Clerk of Denton County as the law provides. I hereby certify that the above is a true copy of Chapter 1, Section 10 of the Code of Ordinances of the City of Sanger, Texas, duly adopted by a two-thirds vote of the City Council meeting in regular session on May 17, 1982. 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