ADOPTING ORDINANCES

ORDINANCE NO. 1369

AN ORDINANCE ADOPTING THE RECODIFICATION OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY TO BE KNOWN AS THE CODE OF ORDINANCES, CITY OF MANSFIELD, TEXAS; PROVIDING FOR PUBLICATION OF THIS ORDINANCE; PROVIDING FOR PENALTIES; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

   WHEREAS, the City of Mansfield, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and

   WHEREAS, pursuant to Section 53.001 of the Local Government Code, the city caused the preparation of a codification of the civil and criminal ordinances of the city, adopted on November 10, 1978; and

   WHEREAS, the city council now deems it necessary to revise that code and recodify the ordinances of the city.

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

SECTION 1.
ADOPTION OF A CITY CODE

   The recodification of the civil and criminal ordinances of the city, designated as the Code of Ordinances, City of Mansfield, Texas ("Code") published by the American Legal Publishing Corporation is hereby adopted. The Code is attached to this ordinance as Exhibit "A," and is incorporated into this ordinance for all purposes.

SECTION 2.
PENALTIES

   (a)   Whenever in the Code an act is prohibited, or made or declared to be unlawful, an offense, or a misdemeanor, or the doing of an act is required, other than duties of city officers and employees, or the failure to do an act is declared to be unlawful, and the act relates to fire safety, zoning, and public health, or sanitation, including dumping of refuse, the violation of the provision is punishable by a fine not exceeding $2,000.00.

   (b)   When an act described in Subsection (a) is unrelated to fire safety, zoning, public health or sanitation and no specific penalty is provided, the violation of the provision is punishable by a fine not exceeding $500.00.

   (c)   Notwithstanding the provisions of Subsection (a) and (b), when an act described in Subsection (a) is one for which a penalty is fixed by state law, the penalty for the offense is the same as fixed by state law.

SECTION 3.
ORDINANCE RECORDS

   The city secretary is directed to record the Code of Ordinances of the City of Mansfield, in the city's ordinance records in accordance with Section 53.001(b) of the Local Government Code.

SECTION 4.
PUBLICATION

   The city secretary is directed to publish this entire ordinance, not including Exhibit "A," at least one time in the official newspaper of the city in accordance with 3.13(c) of the Mansfield Home Rule Charter and Section 53.002 of the Local Government Code.

SECTION 5.
CUMULATIVE CLAUSE

   This ordinance and the Code of Ordinances, City of Mansfield, Texas shall be cumulative of all provisions of ordinances of the City of Mansfield except where the provisions of this ordinance or the Code of Ordinances of the City of Mansfield are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.

SECTION 6.
SEVERABILITY CLAUSE

   It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional 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 of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.

SECTION 7.
SAVINGS CLAUSE

   All rights and remedies of the City of Mansfield are expressly saved as to any and all violations of the provisions of the Code of Ordinance of the City of Mansfield, as amended, or any other ordinances affecting recodification of civil and criminal ordinances which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.

SECTION 8.
EFFECTIVE DATE

   This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained.

   PASSED AND APPROVED on the first reading this 27th day of August, 2001.

   PASSED AND APPROVED on the second reading this 10th day of September, 2001.

   PASSED AND ADOPTED on the third and final reading by the City Council of the City of Mansfield, Texas this the 24th day of September, 2001.

   David Harry, Mayor

ATTEST:

Barbara J. Greene, Acting City Secretary

EFFECTIVE: October 1, 2001

APPROVED AS TO FORM AND LEGALITY:

Allen Taylor, City Attorney