The ordinances and certain resolutions of the City of El Paso, as codified by General Code, LLC, and consisting of the Chapters
1 through
315, together with an Appendix, shall be known collectively as the “Code of the City of El Paso,” hereafter termed the “Code.” Wherever reference is made in any of the ordinances and resolutions contained in the Code of the City of El Paso to any other ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number where such legislation appears in the Code, as if such ordinance or resolution had been formally amended to so read.
The provisions of the Code, insofar as they are substantively the same as those of the 1979 Code and ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such legislation and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior 1979 Code provision, ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the City Council of the City of El Paso, and it is the intention of said Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below.
All portions of the 1979 Code and ordinances of a general and
permanent nature of the City of El Paso in force on the date of the
adoption of this ordinance, inconsistent with the provisions contained
therein, and not contained in the Code or recognized and continued
in force by reference therein are hereby repealed from and after the
effective date of this ordinance.
The repeal of ordinances provided for in §
1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any right
or liability established, accrued or incurred under any legislative
provision of the City of El Paso prior to the effective date of this
ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B. Any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision of the City of El Paso or
any penalty, punishment or forfeiture which may result therefrom.
C. Any prosecution,
indictment, action, suit or other proceeding pending or any judgment
rendered prior to the effective date of this ordinance brought pursuant
to any legislative provision of the City of El Paso.
D. Any agreement
entered into or any franchise, license, right, easement or privilege
heretofore granted or conferred by the City of El Paso.
E. Any ordinance
of the City of El Paso providing for the laying out, opening, altering,
widening, relocating, straightening, establishing grade, changing
name, improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place within the City
of El Paso or any portion thereof.
F. Any ordinance
of the City of El Paso appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the
issuance and delivery of any bond of the City of El Paso or other
instruments or evidence of the City's indebtedness.
G. Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
H. The levy
or imposition of special assessments or charges.
I. The annexation
or dedication of property.
J. Any ordinance
relating to salaries and compensation.
K. Any ordinance
amending the Zoning Map.
L. Any ordinance
relating to or establishing a pension plan or pension fund for City
employees.
M. Any ordinance
or portion of an ordinance establishing a specific fee amount for
any license, permit or service obtained from the City.
N. Any ordinance
adopted subsequent to January 1, 2015.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance or resolution included
in this Code now or through supplementation shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the
office of the City Clerk of the City of El Paso and shall remain there
for use and examination by the public until final action is taken
on this ordinance; and, if this ordinance shall be adopted, such copy
shall be certified to by the City Clerk of the City of El Paso by
impressing thereon the Seal of the City of El Paso, and such certified
copy shall remain on file in the office of said City Clerk to be made
available to persons desiring to examine the same during all times
while said Code is in effect. The enactment and publication of this
ordinance, coupled with the availability of a copy of the Code for
inspection by the public, shall be deemed, held and considered to
be due and legal publication of all provisions of the Code for all
purposes.
Any and all additions, deletions, amendments or supplements
to any of the ordinances and resolutions known collectively as the
“Code of the City of El Paso” or any new ordinances or
resolutions, when enacted or adopted in such form as to indicate the
intention of the City Council to be a part thereof, shall be deemed
to be incorporated into such Code so that reference to the Code shall
be understood and intended to include such additions, deletions, amendments
or supplements. Whenever such additions, deletions, amendments or
supplements to the Code shall be enacted or adopted, they shall thereafter
be published as amendments and supplements thereto. Nothing contained
in this ordinance shall affect the status of any ordinance or resolution
contained herein, and such ordinances or resolutions may be amended,
deleted or changed from time to time as the City Council deems desirable.
It shall be the duty of the City Clerk to keep up-to-date the
certified copy of the book containing the Code of the City of El Paso
required to be filed in the office of the City Clerk for use by the
public. All changes in said Code and all ordinances and resolutions
adopted by the City Council subsequent to the enactment of this ordinance
in such form as to indicate the intention of said City Council to
be a part of said Code shall, when finally enacted or adopted, be
included therein by temporary attachment of copies of such changes,
ordinances or resolutions until such changes, ordinances or resolutions
are published as supplements to said Code, at which time such supplements
shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be
purchased from the City Clerk, or an authorized agent of the Clerk,
upon the payment of a fee to be set by resolution of the City Council.
The Clerk may also arrange for procedures for the periodic supplementation
of the Code.
Any person who, without authorization from the City Clerk, changes or amends, by additions or deletions, any part or portion of the Code of the City of El Paso or who alters or tampers with such Code in any manner whatsoever which will cause the legislation of the City of El Paso to be misrepresented thereby or who violates any other provision of this ordinance shall be guilty of an offense and shall, upon conviction thereof, be subject to the penalty set forth in Chapter
1, Article
IV, of the Code for each offense.
The provisions of this ordinance are hereby made Article
I of Chapter
1 of the Code of the City of El Paso, such ordinance to be entitled “General Provisions, Article
I, Adoption of Code,” and the sections of this ordinance shall be numbered §§
1-1 to
1-13, inclusive.
This ordinance shall be in full force and effect as provided
by law.