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HomeMy WebLinkAboutOrdinance 5282 ORDINANCE NO. 5282 AN ORDINANCE ADOPTING A REVISION AND CODIFICATION OF THE ORDINANCES OF THE CITY OF FORT WORTH; PRO- VIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE MAYOR AND ATTESTATION BY THE CITY SECRETARY; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES, SAVE AND EXCEPT OTHER ORDINANCES OF A PARTICULAR KIND IENTIONED; PROVIDING FOR THE EFFECTIVE DATE OF SAID CODE; AND DECLARING AN EMERGENCY. WHEREAS, the City of Fort Worth has authority under its Charter and under and by virtue of the laws of the State of Texas, and more par- ticularly under Article 1176a, Vernon's Civil Statutes, to adopt and codify its civil and criminal ordinances and to adopt a civil and criminal code of ordinances together with appropriate penalties for the violation thereof, which said Code when adopted shall have the force and effect of an ordinance regularly enacted with the usual prerequisites of law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: Section 1. That there is hereby adopted by the City Council that certain Code entitled "The Code of the City of Fort Worth, Texas," con- taining certain ordinances of a general and permanent nature as compiled, consolidated, codified and indexed in two (2) volumes containing Chapters 1 to 39, inclusive, including those civil and penal ordinances passed and adopted by the City Council up to and through the 15th day of March, 1964. Section 2. (a) That the Code shall be arranged and shall consist of two volumes of loose leaf binding, the first volume containing as Part I and in addition to the Code a copy of the Charter of the City of Fort Worth and containing as a part of the Code the Table of Contents and Chapters 1 through 26 of the Code, and the second volume containing Chapters 27 through 39 of the Code, Appendix A, the same being Ordinance 3011, The Comprehensive Zoning Ordinance, and amendments thereto; and a general index of this Code. (b) That four hundred (400) copies of such Code duly authenticated and approved under the facsimile signature of the Mayor, Bayard H. Friedman, and attested by the City Secretary, Roy A. Bateman, together with a fac— simile reproduction of the seal of the City of Fort Worth, shall be printed under the direction of the governing body by Michie City Publications Company, Charlottesville, Virginia. The original signatures of the Mayor, Bayard H. Friedman, the City Secretary, Roy A. Bateman, and the City Attorney, S. G. Johndroe, Jr., from which the facsimile signatures shall be reproduced, are as follows: Mayor of the City of Fort Worth, Texas. -ity •ecretary of the City of Fort Worth, exa City Attorney of the City of Fort Worth, Texas. That the official seal of the City of Fort Worth from which the fac— simile seal shall be reproduced is impressed herewith: (c) That authentication shall be in the following form: — 2 — THE STATE OF TEXAS § COUNTY OF TARRANT § This code of civil and criminal ordinances has been duly adopted by the governing body of the City of Fort Worth this the 16th day of November, 1964, in the manner required by law and is hereby authenti— cated as the Code of the City of Fort Worth, Texas, and becomes effect— ive as provided in the Adopting Ordinance on the 15th day of December, 1964. 1 Mayor of the City of Fort Worth, Texas. ATTEST: CI-itS etary of the City of Fort Worth, Texas. Section 3. 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 thereafter 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. Section 4. (a) All civil and criminal ordinances of a general and permanent nature in force and effect when this Code takes effect which are inconsistent herewith or in conflict with this Code are hereby repealed except as herein provided. (b) That all ordinances in effect upon the effective date of this Code not inconsistent with any of the provisions of this Code which are omitted from such revision or codification shall not be deemed to have been repealed, but shall be continued in full force and effect unim— paired by this Code. (c) That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested - 3 - or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or pur— poses as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture either civilly or criminally incurred prior to the time when any such ordinance or part thereof shall be repealed or altered by the Code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordi— nance or part thereof had not been repealed or altered. (d) That no general or special ordinance or resolution hereto— fore enacted validating or legalizing the acts or omissions of any officer or validating any ordinance, act or proceeding whatever shall be affected by the repealing clause of this ordinance, but all validating or legaliz— ing ordinances whatsoever now in force are hereby continued in force. (e) That no ordinance relating to the public debt or the public credit or any annexation or disannexation of territory shall be affected by the repealing clause of this ordinance. (f) That no ordinance relating to a contract to which the city is a party or any contract made for its benefit shall be affected by the repealing clause of this ordinance. (g) That all ordinances and resolutions making specific appropria— tion of public funds are continued in force. (h) That nothing in the repealing clause of this ordinance shall be construed as releasing any person, firm or corporation from any duty enjoined in the limitation or condition imposed by any ordinance that may be repealed by said repealing clause. (i) That nothing herein shall be construed as repealing Ordinance — 4 — No. 4155 and any amendments thereto, the same being an ordinance regu- lating the erection, construction, enlargement, alteration, repair, mov- ing, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of buildings and structures in the City of Fort Worth and referred to as the Building Code of the City of Fort Worth, said ordinance being recorded in Ordinance Book N, page 54, et seq., and adopted the loth day of July, 1959• (j) That nothing herein shall be construed as repealing Ordinance No. 3011, as amended, known as the Comprehensive Zoning Ordinance of the City, said ordinance being recorded in Ordinance Book K, page 625, et seq., and adopted the 26th day of November, 1952, which ordinance is printed as Appendix A of this Code. (k) That nothing herein shall be construed as repealing or modify- ing any ordinance levying a special benefit assessment or creating a lien and debt against the owner of any property improved by the opening, widen- ing, extension or paving of any street or public thoroughfare within the City of Fort Worth. (1) That nothing herein shall be construed as repealing or modify- ing any fire prevention or fire protection ordinance of the City. (m) That nothing herein shall be construed as repealing or modify- ing any ordinance establishing speed zones on public streets within the City. (n) That nothing herein shall be construed as repealing or modify- ing any ordinance pertaining to City of Fort Worth employees` retirement funds or pensions. (o) That nothing herein shall be construed as repealing or modify- ing any ordinance of an administrative nature combining offices, creating positions, prescribing duties of officers and employees, fixing salaries or compensations of officers and employees, or requiring official bonds of officers and employees and establishing the amounts thereof. - 5 - (p) That nothing herein shall be construed as repealing or modify— ing any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the City. (q) That nothing herein shall be construed as affecting any ordi— nance adopted on final reading and passage after the 15th day of March, 1964. (r) That nothing herein shall be construed as repealing any franchise, license or right granted by the City of Fort Worth to any person, firm or corporation which license, grant, power or franchise was legally in force and effect at the date of the effective date of this Code. Every such license, grant, power and franchise shall expire as originally provided by ordinance. (s) That nothing herein shall affect any pending suits of a civil or criminal nature to which the City of Fort Worth is now or may here— after become a party. (t) That this Code of civil and criminal ordinances of the City of Fort Worth shall take effect and be in force at 12:00 o'clock Meridian on the 15th day of December, 1964. Section 5. That all of the provisions of this ordinance shall be printed in the front of the Code. Section 6. That ordinances adopted subsequent to the 15th day of March, 1964, shall not be deemed to have been repealed by the repealing part of this ordinance, but such ordinances are continued in full force and effect. Section 7. That whenever in such Code or in any ordinance of the city, or in any rule or regulation promulgated pursuant thereto, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code, ordinance, rule or regulation the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the vio— lation of any such provision of such Code or any such ordinance, rule or regulation shall be punishable by a fine of not exceeding two hundred — 6 — dollars; provided, however, that where the offense is one for which a penalty is fixed by state law, the penalty for such offense shall be the same; as fixed by state law. Each day any violation of such Code, ordinance, rule or regulation shall continue, shall constitute a separate offense unless otherwise pro- vided. Section 8. That it is the desire of the governing body of the City of Fort Worth to keep said Code current and up-to-date by causing any amendments, whether they be additions, deletions or changes, to be published in the form of supplements or reprints of pages, not less than once a year. These supplements or reprinted pages when inserted in proper place in their entirety shall constitute the official Code up to the date of the most recently published supplement or reprinted pages. All of the 400 copies of said Code shall be deemed official copies, one of which official copies shall be kept in the Office of the City Secretary of the City of Fort Worth, and shall be kept complete and up-to-date with all such changes, supplements and reprinted pages. In the event any question is raised as to whether a Code or any part thereof purchased from the City of Fort Worth is complete and up-to-date, the copy in the office of the City Secretary shall be final and conclusive. Any ordinance which amends, supplements or repeals any of the provisions of the Code and which is not contained in the supplements or reprints of pages in the Code, and not otherwise repealed, shall nonetheless be deemed in force and effect from the date indicated in same, and upon proof of its exist- ence be admissible in evidence in any of the Courts of this State or the United States, or for any other lawful purposes. Section 9. The necessity for the publication of the Code of civil and criminal ordinances of the City of Fort Worth in as complete form as possible and their early distribution among the citizens of the City - 7 - of Fort Worth, creates an imperative public necessity and emergency and requires that this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. APPROVED AS TO FORM AND LEGALITY: S. G. Johndroe, Jr., City Attorney I, Roy A. Bateman, City Secretary of the City of Fort Worth, Texas, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the City Council of the City of Fort Worth at a regu- lar meeting held on Monday, the 16th day of November, 1964, as the same ap- pears in the records of this office. IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate seal of the City of Fort Worth, this the 16th day of November, 1964. Ci 8 etary of the City of Fort Worth, T as.