City of Eastland, TX General Provisions

Board of city commissioners.

In the construction of this Code, and of all ordinances and resolutions passed by the board of city commissioners, the following rules shall be observed and the following definitions shall apply, unless such construction would be inconsistent with the manifest intent of the board of city commissioners:

Whenever the words board of city commissioners are used in the Code, they shall mean the Board of City Commissioners of the City of Eastland, Texas.

Charter.

The word Charter shall mean the Charter of the City of Eastland, Texas.

City.

The word city shall mean the City of Eastland, in the County of Eastland and the State of Texas.

City boards, committees, commissions, officers and departments.

Whenever reference is made to a board, committee, commission, officer or a department, the same shall be construed as if followed by the words “of the City of Eastland, Texas.”

Code.

The word Code shall mean the Code of Ordinances, City of Eastland, Texas, as stated in section 1-1.

Computation of time.

In computing any period of time mentioned in the provisions of this Code, the day of the act, event or default after which the designated period of time begins to run is not to be included, and the last day of the period so computed is to be included, unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a holiday.

County.

The term county shall mean the County of Eastland, Texas.

Gender.

A word importing the masculine gender only shall extend to and be applied to females and to firms, partnerships, associations and corporations, as well as to males.

Highway.

The term highway shall include any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass and causeway in the city which is dedicated or devoted to public use.

Joint authority.

Words purporting to give authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons, unless it is otherwise declared.

Month.

The word month shall mean a calendar month.

Number.

Any word importing the singular number shall include the plural and any word importing the plural number shall include the singular.

Oath.

The word oath shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed.

Or, and.

And may be read as or and or may be read as and if the sense requires it.

Owner.

The word owner, applied to a building or land, shall include any part or joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.

Person.

The word person shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to individuals. Where criminal prosecution may lie, the officers of any corporation shall jointly and severally be subject to prosecution as being included within the term person.

Preceding, following.

The words preceding and following mean next before and next after, respectively.

Roadway.

The word roadway shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic.

Sidewalk.

The word sidewalk shall mean any portion of the street between the curb, or the lateral line of the roadway, and the adjacent property line which is intended for the use of pedestrians.

Signature or subscription.

The word signature or subscription shall include a mark when a person cannot write.

Standard time.

All hours of time mentioned in this Code refer to and shall be determined by central standard time or central daylight saving time, as the case may be, except that, if at any future time any different standard of time is established by the state for an area which includes this city, all such hours shall be determined by such officially proclaimed standard, so long as the same remains in effect.

State.

The word state shall be construed to mean the State of Texas.

Street.

The term street shall include any highway, alley, street, avenue or public place or square, bridge, viaduct, underpass, overpass, tunnel and causeway in the city, which is dedicated or devoted to public use.

Tense.

Words used in the past or present tense include the future as well as the past and the present.

Written or in writing.

The words written or in writing shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

Year.

The word year shall mean a calendar year.

The provisions of Titles 1, 2, and 3 of the Penal Code shall apply in the interpretation of all penal provisions of this Code to the extent that the Penal Code mandates that they shall apply.

§ 1-3 Catchlines of sections.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

§ 1-4 References to chapters or sections.

All references to chapters or sections are to the chapters and sections of this Code, unless otherwise specified.

§ 1-5 References and editor’s notes.

The references and editor’s notes appearing throughout the Code are not intended to have any legal effect, but are merely intended to assist the user of this Code.

§ 1-6 History notes.

The history notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of the material contained in the section.

§ 1-7 Certain ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:

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 this Code;

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;

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

(6)

Any ordinance relating to municipal street maintenance agreements with the state;

(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 adopting 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 dedicating or accepting any plat or subdivision in the city;

(12)

Any ordinance or resolution establishing or amending personnel rules or regulations;

(13)

Any ordinance or resolution establishing or amending plumbing rules or regulations;

(14)

Any ordinance adopting a sales and use tax;

(15)

Any ordinance or resolution prescribing taxicab passenger rates;

(16)

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.;

(17)

Any ordinance calling municipal elections or prescribing the manner of conducting the election in accordance with state law;

(18)

Any ordinance prescribing any fee or payment of money to the city;

(19)

Any ordinance prescribing the number, classification, benefits or compensation of any city officers or employees, not inconsistent with this Code;

(20)

Any ordinance which is temporary although general in effect;

(21)

Any ordinance which is special although permanent in effect;

(22)

Any ordinance containing any administrative provisions;

(23)

Any ordinance establishing utility categories, rates and charges;

and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. Such ordinances are on file in the city secretary’s office.

§ 1-8 Effect of repeal of an ordinance.

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any use of a suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

§ 1-9 Code does not affect prior offenses, rights, etc.

Nothing in this Code or the ordinance adopting this Code shall affect 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 this Code.

The adoption of this Code shall not be interpreted as authorizing or permitting any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of this Code.

§ 1-10 Additions and amendments deemed incorporated in Code.

Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city to make the same a part hereof, shall be deemed to be incorporated herein, so that reference to the Code shall be understood and intended to include such additions and amendments.

§ 1-11 Amendments or additions to Code.

All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or subsection, or any portion thereof, such repealed portions may be excluded from the Code by omission from reprinted pages. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new code by the board of city commissioners.

Amendments to any of the provisions of this Code shall be made by amending the provisions by specific reference to the section number of this Code in the following language: “Section __________ of the Code of Ordinances, City of Eastland, Texas, is hereby amended to read as follows:....” The new provisions shall then be set out in full as desired.

If a new section not heretofore existing in the Code is to be added, the following language shall be used: “The Code of Ordinances, City of Eastland, Texas, is hereby amended by adding a section, to be numbered __________, which section reads as follows:....” The new section shall then be set out in full as desired.

(d)

All sections, divisions, articles, chapters or provisions desired to be repealed should be specifically repealed by section, division, article or chapter number, as the case may be.

§ 1-12 Severability of parts of Code.

It is hereby declared to be the intention of the board of city commissioners that the sections, paragraphs, sentences, clauses and phrases of this Code are severable and, if any phrase, clause, sentence, paragraph or section of this Code shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, since the same would have been enacted by the board without the incorporation in this Code of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section.

§ 1-13 Supplementation of Code.

By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the board of city commissioners. A supplement to this Code shall include all substantive permanent and general parts of ordinances adopted during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may:

Organize the ordinance material into appropriate subdivisions;

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

(3)

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers;

(4)

Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this division,” etc., as the case may be, or to “sections ________ to ________” (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

(5)

Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

§ 1-14 General penalty for violations of Code.

Whenever in this Code 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, the violation of any such provision of this Code or any such ordinance shall be punished by a fine not exceeding $500.00, except for:

Violations of municipal ordinances that govern fire safety, zoning, public health and sanitation, including dumping of refuse, vegetation and litter violations in which the maximum fine shall be $2,000.00 for each offense; and

Violations of traffic laws and ordinances which are punishable as a misdemeanor shall be punished by a fine not to exceed $500.00.

However, no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state.

Each day any violation of this Code or of any ordinance continues, it shall constitute a separate offense.

In addition to prosecution in municipal court, the city may use all remedies available to it for the enforcement of its ordinances including, but not limited to, summary abatement and civil suits for penalties and injunctions.

(Ordinance 679 adopted 6/19/03)

§ 1-15 Enforcement of city codes.

For the purpose of enforcing the ordinances of the city, including regulatory and health and safety ordinances of the city, city manager may designate, in writing, specific city employees, in addition to commissioned peace officers of the city or those so authorized by other provision or ordinance, who shall be vested with the authority to take any, all, or any combination of actions necessary to enforce any or all ordinances of the city, including, but not limited to the power to:

Issue warning notices.

Issue citations.

(3)

Issue violation notices.

(4)

File and deliver complaints filed in the municipal court.

(5)

Deliver court summons.

(6)

Issue a stop work order.

(7)

Execute approval of terms of voluntary compliance.

(8)

Issue or deliver orders to abate nuisance.

(9)

Perform any other action defined and authorized by an ordinance of the city.

The city manager will designate the position or title of any personnel so appointed pursuant to this section. Any of the above-enumerated actions, including the issuance of citations, shall have the same authority and effect as when such actions are taken by a peace officer. If two or more employees have concurrent jurisdiction over the provisions of a chapter, they will coordinate their enforcement activities to the degree practicable.

(Ordinance 768, sec. 1, adopted 7/1/11)

§ 1-16 Officers of board of commissioners.

Chairman.

One commissioner shall be elected by the board of commissioners to serve as the chairman (mayor) of the board. The chairman shall preside at all meetings of the board of commissioners and perform other duties as may be prescribed by the board of commissioners. The chairman may vote only if there is a tie.

Chairman pro tempore.

One commissioner shall be elected by the board of commissioners to serve as chairman (mayor) pro tempore. If the chairman fails, is unable, or refuses to act, the chairman pro tempore shall perform the chairman’s duties.