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HomeMy Public PortalAboutOrdinance No. 913-01 10-09-2001 ADOPTING ORDINANCE ORDINANCE NO. 913-01 • AN ORDINANCE ADOPTING THE CODIFICATION OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY TO BE KNOWN AS THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, 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 Richland Hills, 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 or before February 27, 2001; and WHEREAS, the city council now deems it necessary to codify the ordinances of the • city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ADOPTION OF A CITY CODE The codification of the civil and criminal ordinances of the city, designated as the Code of Ordinances of the City of Richland Hills (ACode@) published by the Municipal Code Corporation is hereby adopted. The Code is attached to this ordinance as Exhibit AA@, 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 W:\RichlandHills\Ordinance\Codification.doc(09/20/01) Page 1 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 • Richland Hills 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 AA@, at least one time in the official newspaper of the city in accordance with Section 53.002 of the Local Government Code. SECTION 5. CUMULATIVE CLAUSE This ordinance and the Code of Ordinances of the City of Richland Hills shall be cumulative of all provisions of ordinances of the City of Richland Hills as of February 27, 2001 except where the provisions of this ordinance or the Code of Ordinances of the City • of Richland Hills are in direct conflict with the provisions of such ordinances, in which W:\RichlandHills\OrdinancelCodification.doc~09/20/01) Page 2 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. 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. PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the 9th day of October , 2001, by a vote of s ayes, o nays, and o abstentions. \\\,,,.~~`c~1.F::ND y~,,,,,,,/ MAYOR , , ` O ATTEST: v w' ' ~ ° CITY SECR RY • i~nnm~~ EFFECTIVE: W:1RichlandHillslOrdinance\Codification.doc(09/20!01) Page 3 APPROVED AS FO AN GALITY: • CITY ATTORNEY • • W:\RichiandHills\Ordinance\Codification.doc~09l20l01) Page 4