ORDINANCE NO. 210427A

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEATH, TEXAS, ADOPTING AND APPROVING THE 2021 S-8 SUPPLEMENT TO THE CODE OF ORDINANCES WHICH REVISES, AMENDS, RESTATES AND CODIFIES THE EXISTING CODE OF ORDINANCES AND CERTAIN ORDINANCES APPROVED SINCE THE APRIL, 2020 PRINTING OF SAID CODE; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING FOR THE ADOPTION OF THE UPDATED CODE; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

   WHEREAS, the April 2020 printing of the Code of Ordinances of the City of Heath, Texas (hereinafter referred to as the "Code" and the "City") was adopted by Ordinance No. 200428A effective April 28, 2020; and

   WHEREAS, the Texas Local Government Code empowers and authorizes the City to revise, amend, restate, codify and compile existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances onto one ordinance in book form; and

   WHEREAS, the City wishes to once more amend the Code to reflect the most current provisions of the City's ordinances and to ensure the public peace, health, safety and general welfare of the City and for the proper conduct of its affairs; and

   WHEREAS, the City Council deems it necessary, expedient, and in the best interest of the City to adopt the 2021 S-8 Supplement to the Code as proposed and submitted by the City Secretary.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HEATH, TEXAS:

   Section 1.   Incorporation of Premises. That all of the above premises are found and determined to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety.

   Section 2.   Adopting Updated Code. That the City Council of the City declares that the April 2021 printing of the supplement to the Code shall constitute the official Code of Ordinances of the City of Heath up to the date of adoption of this Ordinance, and each official copy of the April 2021 printing thereof shall be accompanied by a certified copy of this Ordinance.

   Section 3.   Savings and Repealer Clause. All prior ordinances adopted and codified in the City of Heath Code of Ordinances in effect prior to the adoption of this Ordinance adopting the 2021 S-8 Supplement shall be deemed repealed to the extent that such ordinances are in conflict with the 2021 S-8 Supplement adopted hereby, and to the extent not in conflict herewith, such ordinances shall continue in full force and effect and shall be ratified and re-ordained in whole or in part in the 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, or shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, authorizing contracts or obligations, establishing franchises, or granting special rights to certain persons, authorizing public improvement(s), authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal properties, granting or accepting easements, plat or dedication of land to public use, dedicating, naming, establishing, abandoning, locating, relocating, opening, paving, widening, or vacating any street or public way in the City, including any Ordinance adopting a master thoroughfare plan, park master plan, or comprehensive master plan, prescribing rates to be charged by public utilities or public service corporations; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subject not contained in or covered by the Code.

   Section 4.   Severability. Should any section, subsection, sentence, clause, phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Heath hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.

   Section 5.   Open Meetings. That it is hereby found and determined that the meeting at which this Ordinance was passed was open to the public as required by law, and that a public notice of the time, place, and purpose of said meeting was given, all as required by Article 551.041, Texas Government Code.

   Section 6.   Effective Date of Ordinance. That this Ordinance shall take effect immediately from and after its passage and the publication of the caption hereof as the law and Charter of the City in such cases provides.

PASSED and APPROVED by the City Council of the City of Heath, Texas, this 27th day of April, 2021.

                        Kelson Elam /s/

                        Kelson Elam, Mayor

ATTEST:

Norma Duncan /s/                      [Seal]

Norma Duncan, City Secretary