ADOPTING ORDINANCE
ORDINANCE NO. 2012-02-01
   AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARTINDALE, TEXAS, ENACTING AND ADOPTING THE CITY OF MARTINDALE CODE OF ORDINANCES; AND INCLUDING PROCEDURAL PROVISIONS
   RECITALS
   1. WHEREAS, Section 53.001 of the Texas Local Government Code authorizes the City Council to “adopt by ordinance a codification of its civil and criminal ordinances”; and
   2. WHEREAS, American Legal Publishing Corporation has completed compiling the Code of Ordinances of the City of Martindale, which includes ordinances of a general and ongoing nature enacted by the City Council; and
   3. WHEREAS, the City Council wishes to adopt the Code of Ordinances of the City of Martindale as the City's official codification of ordinances; now, therefore
   BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARTINDALE, TEXAS:
   SECTION 1. The Code of Ordinances of the City of Martindale as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto, is adopted by reference as if set out in its entirety in this ordinance.
   SECTION 2. The City Secretary is directed to record the Code of Ordinances in the City’s ordinance records.
   SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. This repeal does not extend to any City ordinances of a general and ongoing nature that were not included in the Code of Ordinances, including (without limitation) the following ordinance, all of which are expressly saved from repeal:
      Animal Control Ordinance adopted December 7, 2004
   SECTION 4. The Code of Ordinances, including all additions and amendments to the Code of Ordinances approved by the City Council, shall be admitted in evidence without further proof, and shall be prima facie evidence in all courts of the existence and validity of the enactment of all ordinances comprising the Code of Ordinances.
   SECTION 5. It is unlawful for any person, without authorization of an ordinance duly adopted by the City Council, to change or amend the Code of Ordinances by addition or deletion, or to alter or tamper with the Code of Ordinances in any manner that may cause the ordinances of the City of Martindale to be misrepresented. A person who violates this provision is subject to the penalties described in Section 10-99 of the Code of Ordinances.
   SECTION 6. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion.
   SECTION 7. It is officially found, determined, and declared that the meeting at which this Ordinance was adopted was open to the public, and public notice of the time, place, and subject matter of the meeting, including this Ordinance, was given as required by Texas Government Code Chapter 551, as amended.
   SECTION 8. The City Secretary is directed to publish notice of the adoption of this Ordinance in a newspaper of general circulation in the City, and this Ordinance will take effect on the date notice of its adoption is so published.
PASSED APPROVED AND ADOPTED on February 7, 2012
                       Doyle Mosier  /s/ 
                       Mayor
ATTEST:                  APPROVED AS TO FORM:
  Nancy G. Hempel  /s/                Mark B. Taylor  /s/ 
  City Secretary                 City Attorney