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HomeMy WebLinkAboutO-2341-10-04ORDINANCE NO. 2341-10-04 ' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING AND ENACTING A CODE OF ORDINANCES, 2004 EDITION; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREAFTER SPECIFICALLY PROVIDED; PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. A Code of Ordinances, 2004 Edition, is hereby adopted and enacted as the "Code of Ordinances of the City of Allen, Texas" and shall be treated and considered as a new and original comprehensive Code of Ordinances, which shall supersede all other general and permanent ordinances passed by the City Council on or before July 27, 2004, to the extent provided in Section 2 hereof. SECTION 2. All provisions of such Code shall be in full force and effect from and after the 12th day of October, 2004, and all ordinances of a general and permanent nature of the City of Allen, enacted on final passage on or before the 27th day of July, 2004, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 12th day of October, 2004, except as hereafter ' provided. SECTION 3. The repeal provided for in Section 2 hereof shall not affect any of the following (1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code; (2) Any ordinances 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; (3) Any contract or obligation assumed by the City; (4) Any right or franchise granted by the City; (5) Any ordinance dedicating, naming, establishing, locating relocating, opening, paving, widening vacating, etc., any street or public way in the City; (6) Any ordinance relating to municipal strut maintenance agreements with the State of Texas or County of Collin; (7) Any ordinance establishing or prescribing grades for streets in the City; (8) Any appropriation ordinance or ordinances providing for the levy of taxes or for an annual budget; ' (9) Any ordinance relating to local improvements and assessments therefor; (10) Any ordinance annexing territory to the City or discontinuing territory as a part of the City; (11) Any ordinance establishing rates to be charged by publicly, privately or semi -publicly owned utility companies; ' (12) Any ordinance dedicating or accepting any plat or subdivision in the City; (13) Any ordinance amending the Allen Land Development Code, the Zoning Map or rezoning specific property; and (14) Any ordinance enacted after October 12, 2004. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. SECTION 4. Whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or whenever in such Code the doing of any 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 shall be punished by fine not to exceed the sum of five hundred dollars ($500), except that a fine not to exceed two thousand dollars ($2,000) may be imposed for violating provisions that govern fire safety, zoning or public health and sanitation, including dumping of refuse, as provided in such Code and except that a fine shall not exceed or he less than the penalty prescribed by state law. SECTION 5. Any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that the reference to the "City Code of Allen, Texas" shall be understood and intended to include such additions and amendments. SECTION & In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and such Code 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 in the same chapter, the penalty so provided in such other sections shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. SECTION 7. A copy of such Code shall be kept on file in the office of the City Secretary preserved in looseleaf form, or in such other form as the City Secretary may consider most expedient. It shall be the express duty of the City Secretary, or someone authorized by the City Secretary, to insert in their designated places all amendments or ordinances which indicate the intention of City Council to make the same as part of such Code then the same have 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. This copy of such Code shall be available for all persons designed to examine the same. SECTION S. It shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of such 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 the law of the City of Allen to be misrepresented thereby. Any person violating this section shall be punished as provided for in Section 4 of this ordinance. SECTION 9. All provisions of the ordinances of the City of Allen in conflict with the provisions of this ordinance be and the same are hereby repealed and any provisions not so in conflict shall remain in force and effect. ' SECTION 10. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be constitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. Ordinance No. 2341-10-04, Page 2 SECTION 11. This ordinance shall take effect immediately from and after its passage and the publication of ' the caption as the law in such cases provides. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12ru DAY OF OCTOBER 2004. APPROVED: 4 P, ff-u? Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley B. Georg C, CITY SW RET�ARY Ordinance No. 2341-10-04 Page 3