ADOPTING ORDINANCE
ORDINANCE NO. O-1998-004
AN ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES OF THE CITY OF GUN BARREL CITY, TEXAS, 1997 EDITION, AS THE CITY CODE; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREAFTER SPECIALLY 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 GUN BARREL CITY, TEXAS:
   Section 1.  That a Code of Ordinances, consisting of Titles 1-15, each inclusive, and Tables I and II, 1997 Edition, is hereby adopted and enacted as the "The City Code of Gun Barrel City, Texas" and shall be treated and considered as a new and original comprehensive code of ordinances which shall supersede all other general and permanent ordinances passed by the City Council on or before 10/28/97, 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 28 day of October, 1997, and all ordinances of a general and permanent nature of the City of Gun Barrel City, enacted on final passage on or before 10/28/97, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 28 day of October, 1997, except as hereafter provided.
   Section 3.  That the repeal provided for in Section 2 hereof shall not affect any of 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 ordinances 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;
   (3)   Any contract or obligation assumed by the city;
   (4)   Any right or franchise granted by the city;
   (5)   Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city;
   (6)   Any ordinance relating to the municipal street maintenance agreements with the State of Texas;
   (7)   Any ordinance establishing or prescribing grades for streets in the city;
   (8)   Any appropriation ordinance or ordinances providing for the levy of taxes or for an annual budget;
   (9)   Any ordinance relating to local improvements and assessments therefor;
   (10)   Any ordinance annexing territory to the city or discontinuing territory as a part of the city;
   (11)   Ordinances prescribing traffic regulations for its specific streets, such as ordinances designating one-way streets, no parking areas, truck routes, stop intersections, intersections where traffic is to be controlled by the signals, etc.;
   (12)   Any ordinance approving plats of subdivisions or additions to the city prescribing any restrictions or regulations for the same, or otherwise relating to a specific subdivision or addition;
   (13)   The Comprehensive Zoning Ordinance adopted by the City Council and amendments thereto, and ordinances changing the classification of specific property or amending the zoning map;
   (14)   Any ordinance enacted after Ordinance #O-1997-028, adopted on October 28, 1997.
   The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.
   Section 4.  That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever in such Code the doing of any 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 of such Code shall be punished by fine not to exceed the sum of five hundred dollars ($500.00), except that a fine not to exceed two thousand dollars ($2,000.00) may be imposed for violating provisions that govern fire safety, zoning or public health and sanitation, including dumping of refuse, as provided in such Code. The penalty imposed for violation of this Code shall not exceed or be less than the penalty prescribed by state law for the same offense under state law.
   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 the reference to the "City Code of Gun Barrel City, 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 provided in Section 4 of this ordinance and such Code 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 in the same chapter, the penalty so provided in such other sections shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.
   Section 7.  That a copy of such Code shall be kept on file in the office of the City Secretary preserved in loose-leaf form, or in such other form as the City Secretary may consider most expedient. It shall be the express duty of the City Secretary, or someone authorized by the City Secretary, to insert in their designated places all amendments or ordinances which indicate the intention of City Council to make the same as part of such Code then 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 designed 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 Gun Barrel City to be misrepresented thereby. Any person violating this section shall be punished as provided for 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.  That this ordinance shall become effective on the 27 day of January, 1998, after the publication of such ordinance in the official publication of the City, as the law in such cases provides.
   DULY PASSED by the City Council of the City of Gun Barrel City, Texas, this the 27 day of January, 1998.
                                    APPROVED:
                                      Joe Agnes  /s/ 
                                      Mayor
ATTEST:
  Christy Eckerman  /s/ 
  City Secretary
APPROVED AS TO FORM:
  Robert L. Dillard, for Peter G. Smith  /s/ 
  City Attorney