ADOPTING ORDINANCE
ORDINANCE NO.  O-95-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS, AMENDING THE CITY CODE BY COMBINING AND REARRANGING ITS CHAPTERS FROM 31 CHAPTERS AND THREE APPENDICES TO 20 CHAPTERS; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
   WHEREAS, the current Tyler City Code has recently been transferred to computer disks; and
   WHEREAS, the usefulness of the Code could be increased by reducing the number of chapters in the Code to 20; and
   WHEREAS, a complete recodification of the Code is underway whereby all parts of the City Code will be reviewed to determine if the City Council wants to continue them or make amendments in an attempt to simplify and shorten the Code; and
 
   WHEREAS, this "shuffling and renumbering" of City Code sections is intended to simplify the existing City Code without making any substance changes; and
   WHEREAS, all of these changes are considered to be in the public interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TYLER, TEXAS;
   PART 1:  That Chapter 1, "General Provisions," be amended by renumbering sections, moving sections around, and by adding sections from other chapters so that the new Chapter 1, "Administration," will be numbered as follows:
CHAPTER 1.  ADMINISTRATION
Art. I   City Code
   (Leave Sections 1-1 through 1-7 as Sections 1-1 through 1-7, 1- 8 through 1-9 Reserved) 
Art. II.   Elections, City Council
   (Renumber & insert as follows:
   from   2-111 to 1-10
      2-112 to 1-11
      1-12 through 1-19 Reserved)
Art. III.  Boards
   (Renumber and insert as follows:
      2-1 to 1-20
      2-2 to 1-21
      2-5 to 1-22
      2-6 to 1-23
      1-24  through 1-29 Reserved)
Art. IV. Administrative Procedures
   (Renumber and insert as follows:
      2-30 to 1-30
      2-31 to 1-31
      2-32 to 1-32
      2-33 to 1-33
      2-34 to 1-34
      2-35 to 1-35
      1-36 through 1-39 Reserved)
Art.V   Emergency Preparedness
   (Renumber and insert as follows:
      10-1 to 1-40
      10-2 to 1-41
      10-3 to 1-42
      10-4 to 1-43
      1-44 through 1-49 Reserved)
Art. VI. Ambulances
   (Renumber and insert Chapter 31, Art. II, Ambulances, as follows:
      31-11 to 1-50
      31-12 to 1-51
      31-13 to 1-52
      31-14 to 1-53
      31-15 to 1-54
      31-16 to 1-55
      31-17 to 1-56
      1-57 through 1-59 Reserved)
Art.VII. City Records, City Clerk
   (Renumber & insert as follows:
   2-80 to 1-60
   2-81 to 1-61
   2-82 to 1-62
   2-83 to 1-63
   2-84 to 1-64
   2-85 to 1-65
   2-86 to 1-66
   2-87 to 1-67
   2-88 to 1-68
   2-89 to 1-69
   2-90 to 1-70
   2-91 to 1-71
   2-92 to 1-72
   2-93 to 1-73
   2-94 to 1-74
   2-95 to 1-75
   1-76 through 1-78 Reserved
   2-100 to 1-79
VIII. Municipal Court
   (Renumber and insert as follows:
   9-1 to 1-81a
   9-2 to 1-81b
   9-3 to    1-81c and d
   9-4 to 1-87
   9-5 to 1-84
   9-6 to 1-85
   9-7 to 1-86
   9-8 to 1-80
   9-9 to 1-82
   9-10 to 1-83
   1-88 through 1-89 Reserved)
IX.  Disability Issues Review Board
   Renumber Art. X to new Art IX. and leave Section 1-90 and 1-91 as is.
   PART 2:  That Chapter 2, "Administration," be amended by moving and renumbering its sections to new Chapters 1 and 15 as follows and by then creating a new Chapter 2, "Finance and Taxation," to be renumbered as follows:
CHAPTER 2.  FINANCE AND TAXATION
Art. I.   In General.
   11-1 to 2-1
   11-2 to 2-7
   11-3 to 2-3
   11-4 to 2-2
   11-7 to 2-6
   11-8 to 2-9
   11-9 to 2-8
   11-10 to 2-4
   1-11 to 2-5
   Section 2-10 Reserved.
Art. II. Taxation
   28-1 to 2-11c.
   28-4 to 2-12
   28-5 to 2-12c.
   28-7 to 2-11a. & b.
   28-8 to 2-13
   28-31 to 2-14
   28-18 to 2-15
   28-19 to 2-16
   28-20 to 2-17
   28-21 to 2-18
   28-22 to 2-19
   28-23 to 2-20
   28-24 to 2-21
   28-25 to 2-22
   2-23 through 2-29 Reserved
Art. III.  Tax Abatement Policy
   28-40 to 2-30
   28-41 to 2-31
   28-42 to 2-32
   2-33 through 2-39 Reserved
Art. IV.  Financing Corporations
   2-7 to 2-40
   2-41 through 2-49 Reserved
Art. V.  Investment Policy
   11-20 to 2-50
   11-21 to 2-51
   11-22 to 2-52
   11-23 to 2-53
   11-24 to 2-54
   11-25 to 2-55
   2-56 through 2-59 Reserved
Art. VI.  Claims
   11-5 to 2-60
   11-6 to 2-61
   PART 3:  That Chapter 3, "Reserved," be amended by creating a new Chapter 3, "Personnel/Civil Service/TMRS," to be renumbered as follows:
CHAPTER 3.  PERSONNEL/CIVIL SERVICE/TMRS
Art. I.  Personnel Policies
   23-1 to 3-1
   23-2 to 3-2
   23-3 to 3-3
   3-4 through 3-9 Reserved.
Art. II.  TMRS
   23-70 to 3-10            23-79 to 3-19
   23-71 to 3-11            23-80 to 3-20
   23-72 to 3-12            23-81 to 3-21
   23-73 to 3-13            23-82 to 3-22
   23-74 to 3-14            23-83 to 3-23
   23-75 to 3-15            23-84 to 3-24
   23-76 to 3-16            23-85 to 3-25
   23-77 to 3-17            23-86 to 3-26
   23-78 to 3-18            23-87 to 3-27
                  23-88 to 3-28
                  3-29 Reserved
Art.III.  Civil Service for Firefighters and Police Officers
   (Renumber and insert from Chapter 23 as follows:)
   Div. 1.  Generally
   23-100 through 23-109 to be renumbered 3-30 through 3-39
   23-110 through 23-129 to be renumbered 3-40 through 3-59
   Div. 3.  Other Compensation.
   23-130 through 23-135 to be renumbered 3-60 through 3-69.
Art. IV.  Police Reserves
   23-136 through 23-149 to be renumbered 3-70 through 3-89.
   PART 4:  That Chapter 4, "Animals and Fowl," be amended by moving and renumbering all of its sections to new Chapter 14, and by then creating a new Chapter 4, "Offenses and Miscellaneous Provisions," to be renumbered as follows:
CHAPTER 4.  OFFENSES AND MISCELLANEOUS PROVISIONS
Art. I.  Miscellaneous Provisions.
   Division 1.  Disposition of  Abandoned Property
      Renumber 20-1 through 20-9 as Sections 4-1 through 4-9.
   Division 2.  Police Fees. - 4-10 through 4-19
      Renumber Ch. 20, Art. II, Section 20-35 to Section 4-10, 4-11 through 4-19 Reserved.
   Division 3.  Reserved.  Sections 4-20 through 4-39.
Art. II. Smoking Prohibited.
   (Renumber Ch. 20, Art. IV, Sections 20-6 through 20-64 as Sections 4-40 through 4-44, and  4-45 through 4-49 Reserved.)
Art. III. Solicitation
   Division 1.  Charitable.
   Renumber Ch. 22, Art. II., Sections 22-19 through 22-29 as Sections 4-50 through 4-60.
   Division 2.  Religious.
   Renumber Ch. 22, Art. III, Sections 22-36 through 22-40 as Sections 4-61 through 4-65.
   Division 3.  Home.
   Renumber Ch. 22, Art. IV., Sections 22-46 through 22-47 as Sections 4-66 through 4-67; Sections 4-68 through 4-69 Reserved.
Art. IV.  Itinerant Vendors
   Renumber Ch. 22, Art. I., Sections 22-1 through 22-10 as Sections 4-70 through 4-79; Section 4-79 Reserved.
Art. V.  Sections 4-80 through 4-89 Reserved.
Art. VI.  Sections 4-90 through 4-99 Reserved.
Art. VII.  Police - Crime Prevention.
   Renumber Ch. 20, Art. V., Sections 20-70 through 20-71 as Sections 4-100, entitled "Neighborhood Crime Watch Board," through 4-101; Sections 4-102 through 4-109 Reserved.
Art. VIII.  Burglary and Robbery Alarms.
   Renumber Ch. 20, Art. III, Sections 20-50 through 20-56 as Sections 4-110 through 4-116, Sections 4-117 through 4-119 Reserved.
Art. IX.  Miscellaneous Offenses.
   Renumber and insert sections as follows:
Noise         20-14 to 4-120
Curfew         20-18 to 4-130
Firearms      20-18.1 to 4-123
Minors Firearms   20-19 to 4-131
Advertising      20-20 to 4-121
Picketing      20-21 to 4-122
Firearms      20-22 to 4-124
Steal City Property   20-80 to 4-125 entitled "Stealing or Damaging City                               Property"
         20-81, subparts a - e to 4-125, subparts c. - g.
         Sections 4-126 through 4-129 Reserved.
         20-222 to 4-132
         20-223 to 4-133
   PART 5:  That Chapter 5, "Aviation," be amended by moving and renumbering its sections to a new Chapter 12 as set out below and creating a new Chapter 5 to be "Reserved."
   PART 6:  That Chapter 6, "Buildings and Structures," be amended by adding a new Art. VII., "Fire Prevention," by renumbering Section 6-6 to be 6-120 and by moving sections from old Chapter 12 and changing section numbers from Section 12-1 through 12-7 to Sections 6-121 through 6-128.
   PART 7:  That Chapter 7, "Reserved," be amended by creating a new Chapter 7, "Neighborhoods and Community Development," to be structured and renumbered  as follows:
Article I.   Definitions
Renumber Chapter 14, Art. I., Sections 14-1 and 14-2 to Sections 7-1 and 7-2; 7-3 through 7-9 Reserved.
Article II.   Fair Housing
Renumber Chapter 8, Art. III., Sections 8-16 through 8-27 to Sections 7-10 through 7-21; 7-22 through 7-29 Reserved.
Article III.   Weeds and Debris.
Renumber Chapter 14, Art. III., Sections 14-30 through 14-37 to Sections 7-30 through 7-37;  7-38 through 7-39 Reserved.
Article IV.   Abatement of Nuisances.
Renumber Chapter 14, Art. IV., Sections 14-40 through 14-46 to Sections 7-40 through 7- 46; 7-47 through 7-49 Reserved.
Article V. Abatement of Junked Vehicles.
Renumber Chapter 14, Art. V., Sections 14-50 through 14-56 to Sections 7-50 through 7-56; 7-57 through 7-59 Reserved.
Article VI.  Anti-Litter Regulations.
Renumber Chapter 14, Article VI., Section 14-70 through 14-75 to Sections 7-70 through 7-75; 7-76 through 7-79 Reserved.
Article VII.  Community Development Commission.
Renumber Chapter 8, Article I., Sections 8-1 through 8-5 to 7-80 through 7-84.
   PART 8:  That Chapter 8, "Community Development," be amended by renumbering its sections and moving it to a new Chapter 7 as previously set out and by creating a new Chapter 8, "Parks," by moving and renumbering old Chapter 18 as follows:
Article I.  In General
Renumber Sections 18-1 through 18-8 to Sections 8-1 through 8-8; 8-9 through 8-19 Reserved.
Article II.  Prohibited Acts.
Renumber Sections 18-15 through 18-30 to Sections 8-20 through 8-35; 8-36 through 8-39 Reserved.
Article III.  Concessions; Special Events
Renumber Sections 18-40 through 18-43 to Sections 8-40 through 8-43; 8-44 through 8-59 Reserved.
Article IV.  Cemeteries
Renumber Sections 18-60 through 18-63 to Sections 8-60 through 8-63; 8-64 through 8-69 Reserved.
Article V.  Fees.
Renumber Sections 18-70 through 18-78 to Sections 8-70 through 8-78.
   PART 9:  That Chapter 9, "Court," be amended by renumbering its sections and moving them to a new Chapter 1, as previously set out, and by then creating a new Chapter 9, "Library," to read as follows:
Renumber Chapter 2, Article V., Sections 2-70 through 2-75 as new Chapter 9, Sections 9-1 through 9-6.
   PART 10:     That Chapter 10.5, currently "Reserved," be deleted from the Code.  That Chapter 10, "Emergency Preparedness," be amended by renumbering its sections and moving them to new Chapter 1 as previously set out and to then create a new Chapter 10, "Planning and Zoning," to read as follows:
Article I.  Boards.
Move and renumber Chapter 24, Article I., Sections 24-1 through 24-16 to Sections 10-1 through 10-16; Sections 10-17 through 10-19 Reserved.
Article II.  Annexation.
Move and renumber Chapter 24, Article II., Sections 24-20 through 24-22 to Sections 10-20 through 10-22; Sections 10-23 through 10-29 Reserved.
Article III.  Landscape.
Move and renumber Chapter 14, Article VIII., Sections 14-90 through 14-99 to Sections 10- 30 through 10-39.
Article IV.  Subdivisions.
Renumber Appendix B, Section I through X to Sections 10-40 through 10-50; Sections 10- 51 through 10-99 Reserved.
Article V.  Zoning.
Renumber Appendix A, Sections I through XXVII to Sections 10-100 through 10-128.
   PART 11:  That Chapter 11, "Finance," be amended by renumbering its sections and moving them to new Chapter 2 as previously set out, and by then creating a new Chapter 11 to be "Reserved."
   PART 12:  That Chapter 12, "Fire Prevention and Protection," be amended by renumbering its sections and moving them to new Chapter 6 as previously set out, and by then creating a new Chapter 12, "Airport," by moving and renumber old Chapter 5 sections as follows:
Article I.  Boards.
Renumber Chapter 5, Article I., Sections 5-1 through 5-5 to Sections 12-1 through 12-5; Sections 12-6 through 12-9 Reserved.
Article II.  Regulations.
Renumber Chapter 5, Article II, Sections 5-11 through 5-17 to Sections 12-10 through 12- 16; Sections 12-17 through 12-29 Reserved.
Article III.  Leases and Permits.
Renumber Chapter 5, Article III., Sections 5-30 through 5-36 to Sections 12-30 through 12- 36; Sections 12-37 through 12-39 Reserved.
Article IV.  Airport Security.
Renumber Chapter 5, Article IV., Sections 5-40 through 5-49 to Sections 12-40 through 12- 49.
Article V.  Helicopters.
Renumber Chapter 5, Article V., Sections 5-50 through 5-51 to Sections 12-50 through 12- 51; Sections 12-52 through 12-59 Reserved.
Article VI.  Passenger Facility Charges.
Renumber Chapter 5, Article VI., Sections 5-60 through 5-65 to Sections 12-60 through 12- 65.
   PART 13:  That Chapter 13, "Reserved," be continued as a "Reserved" chapter.
   PART 14:  That Chapter 14, "Environmental Regulations," be amended by renumbering its sections and moving them to new Chapter 7 as previously set out, and by then creating a new Chapter 14, "Animals," by moving and renumbering old Chapter 4 sections as follows:
Article I.  In General
Renumber Chapter 4, Article I., Sections 4-1 through 4-5 to Sections 14-1 through 14-5; Sections 14-6 through 14-9 Reserved.
Article II.  Prohibited Acts.
Renumber Chapter 4, Article II., Sections 4-11 through 4-18 to Sections 14-10 through 14- 17; Sections 14-18 through 14-19 Reserved.
Article III.  Fierce or Dangerous Animals.
Renumber Chapter 4, Article III., Sections 4-20 through 4-23 to Sections 14-20 through 14- 23; Sections 14-24 through 14-29 Reserved.
Article IV.  Rabies Control.
Renumber Chapter 4, Article IV., Sections 4-30 through 4-35 to Sections 14-30 through 14- 35.
   PART 15:  That current Chapters 15.2 and 15.5 both listed as "Reserved" be deleted from the Code.  That Chapter 15, "Franchises," be amended by adding new sections to read as follows:
Article I.  In General.
Renumber Chapter 2, Article III., Sections 2-41 through 2-48 to Sections 15-1 through 15-8; Sections 15-9 through 15-29 Reserved.
Add a new Article VI. as follows:
Article VI.  Underground Cable.
Renumber Appendix C, Article V., Sections 1 through 13 to Sections 15-260 through 15- 273.
   PART 16:  That Chapter 16 remain the same as recently amended by creating a new Chapter 16, "Solid Waste," in Ordinance No. O-94-80 approved December 21, 1994.
   PART 17:  That Chapter 17, currently "Reserved," be amended by creating a new Chapter 17, "Streets, Sidewalks and Traffic," to be renumbered  as follows:
Article I.  Streets.
Renumber old Chapter 26, Article I., Sections 26-1 through 26-26 to Sections 17-1 through 1-26; Sections 17-27 through 17-29 Reserved.
Article II.  Street Rental and Parades.
Renumber old Chapter 26, Article III., Sections 26-57 through 26-69 to Sections 17-30 through 17-42; Sections 17-43 through 17-48 Reserved; AND Renumber old Chapter 26, Article V., Sections 26-76 through 26-85 to Sections 17-49 through 17-58; Section 17-59 Reserved.
Article III.  Paving Assessments.
Renumber old Chapter 19, Sections 19-1 through 19-5 to Sections 17-60 through 17-64; 17- 65 through 17-69 Reserved.
Article IV.  Obstruction of Parkways.
Renumber old Chapter 26, Article IV., Sections 26-71 through 26-75 to Sections 17-70 through 17-74; Sections 17-57 through 17-79 Reserved.
Article V.  Sidewalk, Curb and Gutter; Driveways and Alley Construction.
Renumber old Chapter 26, Article II., ,Divisions 1 and 2, Sections 26-31 through 26-54 to Divisions 1 and 2, Sections 17-80 through 17-103; Sections 17-104 through 17-109 Reserved.
Article VI.  Traffic Regulations.
Renumber old Chapter 29, Articles I, II, III, and IV, Sections 29-1 through 29-36 to Sections 17-110 to 17-145; Sections 17-146 to 17-149 Reserved.
Article VII.  Speed Regulations.
Renumber old Chapter 29, Article X., Sections 29-121 through 29-127 to Sections 17-150 through 17-156; Sections 17-157 through 17-159 Reserved.
Article VIII.  One-Way Streets.
Renumber old Chapter 29, Article XI., Sections 29-131 through 29-133 to Sections 17-160 through 17-162; Sections 17-163 through 17-169 Reserved.
Article IX.  Stopping, Standing or Parking.
Renumber old Chapter 29, Article VII., Sections 29-61 through 29-70 to Sections 17-170 through 17-179; Sections 17-180 through 17-189 Reserved.
Article X.  Operation of Vehicles.
Renumber old Chapter 29, Article IX., Sections 29-92 through 29-111 to Sections 17-190 through 17-202; Sections 17-203 through 17-204 Reserved.
Article XI.  Truck Routes.
Renumber old Chapter 29, Article XIII., Sections 29-151 through 29-154 to Sections 17-205 through 17-208; Section 17-209 Reserved.
Article XII.  Transportation Service.
Renumber old Chapter 31, Article IV., Sections 31-80 through 31-91 to Sections 17-210 through 17-221.
   PART 18:  That Chapter 18, "Parks and Cemeteries," be amended by renumbering its sections and moving them to new Chapter 8 as previously set out, and by then creating a new Chapter 18 to be "Reserved."
   PART 19:  That Chapter 19, "Paving Assessments," be amended by renumbering its sections and moving them to new Chapter 17 as previously set out, and by then creating a new Chapter 19, "Utilities," to be renumbered as follows:
Article I.  In General.
Renumber old Chapter 30, Article I., Sections 30-1 through 30-3 to Sections 19-1 through 19-3; Sections 19-4 through 19-9 Reserved.
Article II.  Water and Sewer System Extension.
Renumber old Chapter 30, Article II., Sections 30-11 through 30-18 to Sections 19-10 through 19-17; Sections 19-18 through 19-19 Reserved.
Article III.  Water Service.
Renumber old Chapter 30, Article III., Sections 30-20 through 30-53 to Sections 19-20 through 19-53; Sections 19-54 through 19-59 Reserved.
Article IV.  Sewer Service.
Renumber old Chapter 30, Article IV., Divisions 1 and 2, Sections 30-55 through 30-84 to Divisions 1 and 2, Sections 19-60 through 19-89; Sections 19-90 through 19-99 Reserved.
Article V.  Liquid Waste Transportation.
Renumber old Chapter 30, Article  V., Sections 30-100 through 30-110 to Sections 19-100 through 19-110; Sections 19-111 through 19-119 Reserved.
Article VI.  Lake Tyler and Lake Tyler East.
Renumber old Chapter 21, Article II., Divisions 1 through 5, Sections 21-15 through 21-133 to Divisions 1 through 5, Sections 19-120 through 19-238; Section 19-239 Reserved.
Article VII.  Lake Bellwood.
Renumber old Chapter 21, Article III., Sections 21-145 through 21-157 to Sections 19-240 through 19-252.
   PART 20:  That Chapter 20, "Offenses and Miscellaneous Provisions," be amended by renumbering its sections and moving them to a new Chapter 4 as previously set out, and by then creating a new Chapter 20, "Reserved."
   PART 21:  That Chapter 21, "Recreational and Cultural Facilities," be amended by renumbering and moving its sections to new Chapter 19 as previously set out, and that old Chapter 21 be deleted.
   PART 22:  That Chapter 22, "Peddlers, Itinerant Vendors, and Solicitors," be amended by renumbering and moving its sections to new Chapter 4 as previously set out,  and that old Chapter 22 be deleted.
   PART 23:  That Chapter 23, "Personnel," be amended by renumbering its sections and moving them to new Chapter 3 as previously set out, and that old Chapter 23 be deleted.
   PART 24:  That Chapter 24, "Planning," be amended by renumbering its sections and moving them to new Chapter 10 as previously set out,  and that old Chapter 24 be deleted.
   PART 25:  That old Chapter 25, currently "Reserved," be deleted from the Code.
   PART 26:  That Chapter 26, "Streets and Sidewalks," be amended by renumbering and moving its sections to new Chapter 17 as previously set out, and that old Chapter 26 be deleted.
   PART 27:  That old Chapter 27, currently "Reserved," be deleted from the Code.
   PART 28:  That Chapter 28, "Taxation," be amended by renumbering its sections and moving them to new Chapter 2 as previously set out, and by then deleting old Chapter 28.
   PART 29:  That Chapter 29, "Traffic," be amended by renumbering its sections and moving them to new Chapter 17 as previously set out, and by then deleting old Chapter 29.
   PART 30:  That Chapter 30, "Utilities," be amended by renumbering its sections and moving them to new Chapter 19 as previously set out, and by then deleting old Chapter 30.
   PART 31:  That Chapter 31, "Vehicles for Hire," be amended by renumbering and moving its sections to new Chapters 1 and 17 as previously set out, and by then deleting old Chapter 31.
   PART 32:  That Appendix A, "Zoning," be amended by renumbering its sections and moving them to new Chapter 10 as previously set out and by then deleting Appendix A.
   PART 33:  That Appendix B, "Subdivisions," be amended by renumbering its sections and moving them to new Chapter 10 as previously set out and by then deleting Appendix B.
   PART 34:  That Appendix C, "Franchises," be amended by renumbering its sections and moving them to new Chapter 15 as previously set out, and by then deleting Appendix C.
   PART 35:  That if any provision or any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect.
   PART 36:  That this ordinance shall become effective after its adoption or publication as required by the City Charter on March 1, 1995.
   PASSED AND APPROVED this 15th day of February , A. D., 1995.
A T T E S T :
/s/ Ann Lanier_____________      /s/ Smith P. Reynolds, Jr._________
ANN LANIER, CITY CLERK   SMITH P. REYNOLDS, JR. , MAYOR
OF THE CITY OF TYLER, TEXAS
APPROVED:
/s/ Gary C. Landers______________
CITY ATTORNEY
DATE:      February 20, 1995
TO:      Persons Interested in Tyler City Code
FROM:   Gary Landers, City Attorney
SUBJECT:   Reorganization of City Code
*   *   *   *   *   *   *   *   *   *   *   *   *
EXPLANATION
On February 15, 1995, the Tyler City Council approved Ordinance No. O-95-7 which completely reorganized the Code, changing it from 31 chapters and three (3) appendices into 20 chapters.  The old Code was organized under a traditional approach which grouped regulations under related topic headings in chapters that were in alphabetical order, based upon the name of the topic.  The reorganized Code tries to, wherever possible, take all regulations that are administered by the same department and place them in chapters which are more closely related to the structural organization of the City.  The chapters of the new Code are then put in an order roughly equalling Administrative Services Departments, Police, Planning and Neighborhood Services, and Public Services.
The result of the new organization of the Code is that the first three new chapters named Administration, Finance & Taxation, and Personnel are those three chapters which apply to all City employees.  Chapter 4, "Offenses and Miscellaneous Provisions," is still a catch-all chapter that consists mainly of ordinance regulations that are administered by the Police Department, but may include other provisions which would not easily fit into another chapter.  The remaining chapters, some of which have new names, are mostly regrouped and reorganized so that only that department or those departments that are involved in using those ordinance regulations would need to be familiar with that chapter.  Since there is some crossover responsibility within the City, where the same ordinance may be administered by more than one department, it was impossible to separate all ordinances into individual "department" chapters.  However, the majority of the new Code is organized in department specific chapters.
Although this change, like any change, will initially make it more difficult for individuals using the code to find a particular section, eventually it should result in a situation where it is much easier for City user departments to find and be familiar with their provisions of the Code and for citizens or other persons unfamiliar with the Code to find the specific sections they are interested in.  Remember to check all forms and letters because the references to Code in them wil probably need to be changed.
HOW TO GET "NEW" CODE
The new reorganized Code is to become effective March 1, 1995.  That just means that the old unusual sized black bound code books will no longer be the City Code on that date.  The new reorganized code will be available in regular letter-sized three-ring binders through the three Assistant City Managers and two Chiefs.  Along with this reorganizing of the Code, the  City Council has also cancelled the contract the City has had for many years with an outside codifier company, and it will now become the responsibility of  Legal to provide in-house supplements for the City Code.  Thus, Legal, along with the City Clerk and Print Shop, will become responsible for providing the original copies of the new Code and supplements as changes are made.  The plan is for Legal to make changes to the Code approved by the City Council within a week after the Council approves the changes and then bring copies of those changes (supplements) to each location that has City Codes and will change or supplement the Codes.  Thus, under this new plan, it will no longer be the responsibility of each individual department to receive a stack of supplements and update their own code book.  Instead, Legal will provide this service to all user departments providing current codes more timely.
Number of Codes and Partial or Entire Codes
An option now available to departments is that each department may choose to have either a copy of the entire code in their three-ring binder or only those specific chapters of the Code that that department is involved in regulating.  Since Chapter 1, "Administration," Chapter 2, "Finance & Taxation," and Chapter 3, "Personnel," apply to all departments, it is expected that all departments will want a copy of those three chapters in addition to the chapter or chapters that department administers.  For example, the Police Department might choose to have a partial code that just includes Chapters 1 -3 , plus Chapters 4 and 17.  The Parks Department might choose to have a partial code that includes Chapters 1-3 and Chapter 8, "Parks."  After receiving this memo, each department head or each work- site supervisor that has in the past had a copy of the City Code or which would like to have a copy of the Code in the future, should contact their Assistant City Manager or Chief to discuss how many copies of the code are needed in that department, and whether those copies should be of the entire Code or excerpts from the Code.  The Assistant City Managers and Chiefs will then pass this information on to Legal which can then make the needed copies.  It is expected that these copies will be distributed to department heads during one of their division meetings where a representative of Legal  will come and answer questions and distribute copies of the new reorganized Code.
A one-page chart showing the chapters of the old Code and the chapters of the new Code and explaining where chapters of the old Code are found in the new Code is attached for your information.
Code on Computer Disk
Another option that is now available is for a department to choose to have the Code on a 3 1/2 x 5 computer disk rather than in a hard copy.  A partial code would be available on one disk, and the entire City Code is available on two disks.  In order to effectively use the Code on disk, the user department would also need to buy a site license allowing them to use software called "Folio" which provides for almost instant access to keywords or regulatory terms in the Code by means of electronic search.  The site license cost is $25.00.
Recodification
All of the above are steps in an overall project the City Council approved last fall to completely revise and recodify City ordinances bound in the Code book.  A more specific memo detailing the recodification process and proposed timetables will be distributed in a short time. 
Conclusion
The effective date of the new Code will arrive very soon, and thus, it is vital that each City work site that has a copy of the Code or wants a copy of the Code get together with their Assistant City Manager or Chief right away and decide how many  copies and whether they will be partial or entire copies.  The sooner this information is returned to the City Attorney's Office, the sooner the new Codes can be distributed.
 
Respectfully submitted,
GL/cl                  Gary Landers
City Attorney
 
Attachment;                
   TYLER CODE - TABLE OF CONTENTS
   (as of 2-15-95)
        (from)
CURRENT (pre 2-15-95)   (to)      PROPOSED (2-15-95) *
                  (to be effective 3-1-95)
 
1   General Provisions   = Chapter 1   1 - Administration       
2   Administration= Chapter 1, 15      2 - Finance & Taxation   
3   Alcoholic Beverages= Repealed,
   see Zoning            3 - Personnel         
4   Animals & Fowl= Chapter 14      4 - Offenses & Misc. Provisions
5   Aviation   = Chapter 12      5 - Reserved
6   Buildings and Structures Same,
   Chapter 6            6 - Buildings & Structures   
7   Reserved            7 - Neighborhoods & Comm.          
8   Community Development= Chapter 7         Development
9   Court   = Chapter 1         8 - Parks              
10   Emergency Preparedness= Chapter 1   9 - Library
10.5   Reserved            10 - Planning & Zoning        
11   Finance   =  Chapter 2         11 - Reserved
12   Fire Prevention & Protection=
   Chapter 6              12 - Airport         
13   Food & Food Establishments
   Repealed            13 - Reserved
14   Environmental Regulations =
   Chapter 7            14 - Animals                
15   Franchises = Same, Chapter 15   15 - Franchises             
15.2   Reserved            16 - Solid Waste             
15.5   Reserved            17 - Streets, Sidewalks & Traffic   
16   Reserved            18 - Reserved
17   Reserved            19 - Utilities         
18   Parks & Cemeteries= Chapter 8   20 - Reserved
19   Paving Assessments= Chapter 17
20   Offenses and Miscellaneous   
   Provisions= Chapter 4
21   Recreational & Cultural   = Chapter 19
   Facilities               
22   Peddlers, Itinerant Vendors= Chapter 4         
   & Solicitors                   
23   Personnel= Chapter 3            SEE EXPLANATION                      ON BACK
24   Planning & Zoning= Chapter 10
25   Pool Halls   Repealed
26   Streets & Sidewalks   = Chapter 17
27   Reserved      
28   Taxation= Chapter 2
29   Traffic   = Chapter 17
30   Utilities   = Chapter 19
31   Vehicles for Hire= Chapter 17 & Chapter 1 (ambulances)
 
Appendix A - Zoning      = Chapter 10      * Go from 31 chapters and                         3 appendices to 20
Appendix B - Subdivisions   = Chapter 10    
Appendix C - Franchises   = Chapter 15    
New Chapter 6 entitled "Building and Structures" is one of two chapters (along with Chapter 15) which has not had its numbers changed.  That is, Chapter 6 is still the chapter where uniform building and other code regulations are found.  The Fire Prevention and Protection regulations have now been moved to Chapter 6, and it is an example of a chapter that is administered by more than one department, including Fire, Building Inspection, and Neighborhood Services.
New Chapter 8, "Parks," is simply the result of taking old Chapter 18 and transferring all of its provisions to a new chapter.  New Chapter 9, "Library," is the result of taking the regulations relating to the Library Board from old Chapter 2 and placing them in a new separate department specific chapter.  New Chapter 10, "Planning and Zoning," is the result of combining several related regulations, taking the Landscape Ordinance from old Chapter 14, all of old Chapter 24, "Planning and Zoning," and combining them with old Appendix "A" Zoning and Appending "B" Subdivisions.  New Chapter 12 is the result of simply taking all airport-related regulations from old Chapter 5 and moving them to a new Chapter 12.
New Chapter 14, "Animals," simply takes all provisions from all Chapter 4 and moves them to this new chapter.  New Chapter 15, "Franchises," is the other chapter in the reorganized code which was not moved around so that it has remained unchanged in the way it codifies the cable, electric, gas, and telephone franchises, but it also has combined with it now the remainder of old Appendix "C."
New Chapters 16, 17, and 19 are primarily associated with the Public Services Division Departments.  New Chapter 16 was previously reviewed by the City Council and created as a separate department specific chapter prior to this reorganization ordinance.  Chapter 17, "Streets, Sidewalks and Traffic," combines provisions from many old chapters including Chapters 26, 29, and 31.  This chapter is also an example of a set of regulations which are administered by several departments, and thus it includes regulations that are the responsibility of the Police, Traffic, Street, and Engineering Departments.  New Chapter 19, "Utilities," combines old Chapters 21 (lake regulations) with old Chapter 30 (water utilities regulations).