ADOPTING ORDINANCE
ORDINANCE NO.  2009-13
AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF CANTON, TEXAS, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE CITY OF CANTON DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES; PROVIDING FOR PENALTIES FOR FAILURE TO COMPLY WITH SUCH ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the present general and permanent ordinances of the City of Canton are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety and general welfare of the city and for the proper conduct of its affairs: and
WHEREAS, the Acts of the Legislature of the State of Texas empower and authorize the City of Canton to revise, amend, restate, codify and compile any existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and
WHEREAS, the City Council of the City of Canton has authorized a general compilation, revision and codification of the ordinances of the City of Canton of a general and permanent nature and publication of such ordinance in book form; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, TEXAS THAT:
Section 1.   The general ordinances of the City of Canton as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of the City of Canton."
Section 2.   Such Code of Ordinances as adopted in Section 1 shall consist of the following Titles:
         Title 1:     General Provisions
         Title 3:      Administration
         Title 5:      Public Works
         Title 7:      Traffic Code
         Title 9:      General Regulations
         Title 11:   Business Regulations
         Title 13:   General Offenses
         Title 15:   Land Usage
Section 3.   All prior ordinances pertaining to the subjects treated in such Code of Ordinances shall be deemed repealed from and after the effective date of this ordinance except as they are included and re-ordained in whole or in part in such Code; provided, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of this ordinance, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises, or granting special rights to certain persons, authorizing public improvements, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plat or dedication of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by the Code.
Section 4.   Such Code shall be deemed published as of the day of its adoption and approval by the City Council of the City of Canton, and the City Secretary is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the City Secretary.
Section 5.   Such Code shall be in full force and effect, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.
Section 6.   If for any reason any provision, clause, sentence, paragraph, section, or part of this ordinance, or application thereof to any person, firm, corporation, public agency or circumstance, shall for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provisions to other persons, firms, corporations, public agencies, or circumstances, but shall be continued in its operation to the provisions, clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, firm, corporation, public agency, or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not be included.
PASSED AND APPROVED THIS 23rd DAY OF APRIL, 2009.
                                       William R. Wilson /s/             
                                       WILLIAM R. WILSON, Mayor
Attest:
Julie Seymore /s/                       
JULIE SEYMORE, City Secretary