Code of Ordinances CITY OF Athens, Texas

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GENERAL ORDINANCES OF THE CITY

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Adopted, December 4, 1972

Effective, December 4, 1972

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Published By Order Of The City Council

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Copyright 1972
Municipal Code Corporation
Tallahassee, Florida

OFFICIALS

Of The

CITY OF ATHENS, TEXAS

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Claude F. Myers

Mayor

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James E. Wren

Mary Lynn Smith

Frank Lunceford

John Hackley

Councilmen

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Robert C. Faulk, Jr.

City Administrator

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Thomas E. Williams

City Attorney

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Evelyn Cain

City Secretary

PREFACE

Part I of this volume contains the Charter of the City of Athens, Texas, as amended, and a disposition table setting forth in chronological sequence the disposition of each act included herein, amending or relating to the Charter of the City. Part II contains a revision and codification of the ordinances of a general and permanent nature of the City which were deemed appropriate to be included.

Part II is an entire new codification, and, as expressed in the Adopting Ordinance, supersedes all ordinances not included herein or expressly saved from repeal by the Adopting Ordinance. Only ordinances of a general and permanent nature prescribed for and affecting the public as a whole are included herein. Special ordinances or ordinances dealing with only a portion of the inhabitants of the City, rather than all of them, or relating to special purposes are not included herein. For an enumeration of the type of ordinances which are not included herein, see Section 3 of the Adopting Ordinance.

The source of each section is included in the history note 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 this Code.

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the fourteenth section of Chapter 20 is 20-14. Under this system, each section is identified with its chapter and at the same time new sections can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 4-4 and 4-5 is desired to be added, such new sections would be numbered 4-4.1, 4-4.2, 4-4.3, respectively. Sections have been reserved at the end of articles and divisions to provide for future expansion.

New chapters may be included by the addition of a fraction after the chapter number, i.e., if the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12½. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles or new divisions may be included in the same way, or in the case of articles, may be placed at the end of the chapter embracing the subject, and in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These pages will be distributed to the holders of copies of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such subsequent amendment, when incorporated into this Code, may be cited as a part hereof, as provided in Section 5 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the Code. As revised sheets 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 publishers that all such amendments be inserted immediately upon receipt and that all deleted pages be saved and filed for historical reference purposes.

The general index of the Code has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by city officials and employees. There are numerous cross references within the index itself which stand as guide posts to direct the user to the particular item in which he is interested.

The publishers are most grateful to all city officers and employees for their supervision, cooperation and interest during the preparation of this Code. Special appreciation is due Mr. Thomas E. Williams, City Attorney, and Mr. Robert C. Faulk, Jr., City Administrator, for their efforts and assistance to the publisher.

The publication of this Code was under the direct supervision of George R. Langford, President, and B. Meade White, Editor, of the Municipal Code Corporation, Tallahassee, Florida.

This Code is presented for the use and benefit of the citizens of the City of Athens.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida.
December, 1972

AN ORDINANCE

An Ordinance Adopting and Enacting a New Code of Ordinances of The City of Athens, Texas; Establishing the Same; Providing for the Repeal of Certain Ordinances not Included Therein; Except as Herein Expressly Provided, and Providing for the Effective Date of Such Code and a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When This Ordinance Shall Become Effective.

Be It Ordained by the City Council of the City of Athens, Texas:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 21, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Athens, 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 November 20, 1972, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the 4th day of December, 1972, and all ordinances of a general and permanent nature of the City of Athens, enacted on final passage on or before December 4, 1972, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 4th day of December, 1972, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed.

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

(a)

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;

(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, opening, paving, widening, vacating, etc., any street or public way in the City;

(f)

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

(g)

Any ordinance establishing or prescribing grades for streets in the City;

(h)

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

(i)

Any ordinance relating to local improvements and assessments therefor;

(j)

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

(k)

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

(l)

Ordinances prescribing traffic regulations for specific streets, such as ordinances establishing speed limits or designating one-way streets, no parking areas, truck routes, stop intersections, intersections where traffic is to be controlled by signals, etc.;

(m)

Any urban renewal ordinance;

(n)

Any zoning ordinance;

(o)

Any subdivision ordinance;

(p)

Any ordinance prescribing personnel policies and procedures; or social security coverage or retirement;

(q)

Any ordinance enacted after April 12, 1971.

Provided, this ordinance may be amended from time to time to incorporate any of the matters listed above into the Code of Ordinances, at which time said exception or exceptions will be deemed to be deleted, whether expressly done so or not.

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 which is repealed by this ordinance.

Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a 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 a fine not exceeding two hundred dollars ($200.00), as provided in Section 1-5 of such Code.

Section 5. That 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 reference to the "Code of Ordinances, City of Athens, Texas" shall be understood and intended to include such additions and amendments.

Section 6. 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 Section 1-5 of 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 section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the City Secretary preserved in looseleaf form, or in such form as the City Secretary may consider most expedient. It shall be the express duty of the City Secretary, or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when 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 desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or amend, by additions or deletions, any part or portions of such Code, or to 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 Athens to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10. That this ordinance shall become effective on the 4th day of December, 1972.

PASSED AND APPROVED on first reading at a regular meeting of the City Council of the City of Athens on the 20th day of November, 1972.

PASSED AND APPROVED on second and final reading at a regular meeting of the City Council of the City of Athens on the 4th day of December, 1972.

Claude F. Myers
Mayor

ATTEST:

Evelyn Cain
City Secretary

APPROVED AS TO FORM:

/s/ Thomas E. Williams
City Attorney