CODE OF ORDINANCES of the CITY OF TERRELL, TEXAS

____________

General Ordinances of the City

____________

Published in 2006 by Order of the City Council

____________

CURRENT OFFICIALS

OF THE CITY

OF TERRELL, TEXAS

____________

D.J. Ory
Mayor

____________

Charles Whitaker
Mayor Pro Tem

____________

Tim Royce
Deputy Mayor Pro Tem

____________

Sandra Wilson
Grady Simpson
Council Members

____________

Torry Edwards
City Manager

____________

Mike Sims
Assistant City Manager

____________

John Rounsavall
City Secretary

____________

Ken McKeown
Chief of Police

____________

Vacant
Fire Chief

____________

Charles Fenner
Director of Municipal Development

____________

Steve Rogers
City Engineer

____________

Mike Mikeska
Utilities Director

____________

Mike Smith
Municipal Court Judge

____________

Carol Holland
Personnel Director

____________

Debbie Zajac
Housing Director

____________

Rebecca Anderson
Library Director

PREFACE

This Code constitutes a republication of the general and permanent ordinances of the City of Terrell, Texas.

Source materials used in the preparation of the Code were the 1986 Code, as supplemented through April 6, 2004, and ordinances subsequently adopted by the City Council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the City of Terrell, Texas, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New chapters may be included in the same manner. If the new material is to be included between chapters 12 and 13, it will be designated as chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE APPENDIX	CDA-1:1
CODE COMPARATIVE TABLE	CCT:1
STATUTORY REFERENCE TABLE	SRT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of A. Lawton Langford, President, and Becky Moore, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Lisa Johnson, Interim Administrative Assistant, for her cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

CITY OF TERRELL, TEXAS

ORDINANCE NO. 1469

"ORDINANCE ADOPTING CODE OF ORDINANCES"

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, ADOPTING AND ENACTING A NEW AND REVISED CODE OF ORDINANCES AND ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED IN SUCH CODE AS WELL AS PROVIDING FOR EXCEPTIONS; PROVIDING FOR THE DESIGNATION OF SUCH CODE AND HOW IT MAY BE CITED; PROVIDING FOR CATCHLINES OF SUCH CODE; PROVIDING FOR CERTAIN DEFINITIONS AND RULES OF CONSTRUCTION FOR SUCH CODE; PROVIDING FOR THE AMENDMENT OR ADDITION TO SUCH CODE; PROVIDING FOR SUPPLEMENTATION OF SUCH CODE; ESTABLISHING A GENERAL PENALTY FOR VIOLATIONS OF THE CODE IN AN AMOUNT OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE, EXCEPT FOR VIOLATIONS OF PROVISIONS THAT GOVERN FIRE SAFETY, ZONING, PUBLIC HEALTH AND SANITATION, OTHER THAN VEGETATION AND LETTER VIOLATIONS, IN WHICH THE MAXIMUM AMOUNT SHALL BE ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING FOR SEVERABILITY OF PARTS OF THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE OF SAID CODE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS:

Section 1. That the Code of Ordinances, consisting of Chapters 1 through 13, each inclusive, is hereby adopted and enacted as the Code of Ordinances, City of Terrell, Texas, and shall be treated and considered as a new and original comprehensive ordinance, which shall supersede all other general and permanent ordinances passed by the city council on or before August 19, 1986, to the extent provided herein.

Section 2. That all provisions of such code shall be in full force and effect from and after the 16th day of September, 1986, and all ordinances of a general and permanent nature of the City of Terrell, Texas, enacted on final passage on or before September 16, 1986, and not included in this code or recognized and continued in force by reference herein are hereby repealed from and after the 16th day of September, 1986, except as hereinafter provided. No resolution of the city is repealed by this ordinance.

Section 3. That the repeal provided for in Section 2 above shall not affect any of the following:

(a)

Any events or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or occurring before the effective date of this code;

(b)

Any ordinance promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness;

(c)

Any contract or obligation assumed by the city;

(d)

Any right or franchise granted by the city;

(e)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating or affecting the right-of-way of any street or public way in the city;

(f)

Any ordinance relating to municipal street maintenance agreements with the State of Texas or the County of Kaufman;

(g)

Any appropriation ordinance or ordinance providing for the levy of taxes or for adoption of an annual budget;

(h)

Any ordinance relating to local improvements and assessments therefor;

(i)

Any ordinance annexing territory to the city or discontinuing territory as a part of the city;

(j)

Any ordinance dedicating or accepting any plat or subdivision in the city;

(k)

Any ordinance pertaining to the holding of municipal elections;

(l)

Any ordinance authorizing the installation of traffic control devices, designating speed limits or establishing stop intersections within the city;

(m)

Any ordinance establishing rates to be charged by privately-owned utility companies operating within the city;

(n)

Any ordinance pertaining to zoning regulations and any amendments thereto; and/or

(o)

Any ordinance enacted after September 16, 1986.

The repeal provided for in Section 2 shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That whenever in such Code of Ordinances or in any ordinance of the city, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefor, the violation of any such provision of such code or any such ordinance shall be punished by a fine not exceeding two hundred dollars ($200.00), except for violations of municipal ordinances that govern fire safety, zoning, public health and sanitation, other than vegetation and litter violations, in which the maximum fine shall be one thousand dollars ($1,000.00) for each offense. Provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the State of Texas. Each day any violation of such Code of Ordinances or any ordinance shall continue shall constitute a separate offense unless otherwise designated. Any violation of any provision of such Code of Ordinances which constitutes an immediate danger to the health, safety and welfare of the public may be enjoined in a suit brought by the city for such purposes.

Section 5. That any and all amendments and additions to such Code of Ordinances, when passed in such form as to indicate the intention of the city council to make the same a part of the code, shall be deemed to be incorporated in such code so that reference to the "Code of Ordinances, City of Terrell, Texas," shall be understood and intended to include such additions and amendments.

Section 6. That in case of the amendment of any section of such code for which penalty is not provided, the general penalty as provided in Section 4 of this ordinance shall apply to the section as amended, or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section of the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.

Section 7. That a copy of the Code of Ordinances shall be kept on file in the office of the city secretary in looseleaf form. It shall be the express duty of the city secretary or someone authorized by the city secretary to insert in the designated places, all amendments or ordinances which indicate the intention of the city council to make the same a part of such Code of Ordinances, when the same has been printed or reprinted in page form, and to extract from such code all provisions which may be from time to time repealed by the city council. Such copy of such code shall be available for all persons desiring to examine the same at any time during regular business hours.

Section 8. That it shall be an offense for any person to change or amend, by additions or deletions, any part or portion of this code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause a law of the City of Terrell to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

Section 9. That said Code of Ordinances shall be admitted in evidence without further proof and the city secretary shall record said code as adopted in the ordinance records of the city, and thereafter such record shall serve as a record of the ordinances so codified and it shall not be necessary in establishing the content of any particular ordinance so codified to go beyond said record.

Section 10. That it is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of the Code of Ordinances hereby adopted are severable and, if any phrase, clause, sentence, paragraph or section 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, since the same would have been enacted by the city council without the incorporation of any unconstitutional phrase, clause, sentence, paragraph or section.

Section 11. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 12. That this ordinance shall take effect immediately from and after its passage and publication, as the law in such cases provides.

DULY ADOPTED, PASSED AND APPROVED on first reading by the City Council of Terrell, Texas, on this the 2nd day of September, 1986.

DULY ADOPTED, PASSED AND APPROVED on second and final reading by the City Council of the City of Terrell, Texas, on this the 16th day of September, 1986.

APPROVED:

/s/  John R. Briggs, Jr.
Mayor

ATTEST:

/s/  Bobby Bishop
City Secretary