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:
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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.
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(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.
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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.
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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.
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(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.
ATTEST:
Citv S retary Mayo
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