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HomeMy WebLinkAboutORD 1-O�J Adoption of Code AIT ORDINANCE AN ORDINANCE ADOPTING A CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY. OF BEAUMONT; PROVIDING FOR THE PRINTING THEREOF, AUTHENTICATION BY THE 11.1AYOR AND ATTESTATION BY THE CITY CLERK; Th -E REPEAL OF CER- TAIN ORDINANCES, SAVE AND EXCEPT OTHER ORDINANCES OF A PARTICULAR KIND MENTIONED; PROVIDING FOR THE EFFECTIVE DATE OF SAID CODE; AND DECLARING AN EMERGENCY. WHEREAS., the City of Beaumont has authority under its charter and under and by virtue of the laws of the State of Texas, being the Acts of 1935, 44th Legislature, Chapter 168, as amended by the Acts of 1937, 45th Legislature, Second Called Session, Chapter 71, as amended 47th Legislature, House Bill 1089 (Arti- cle 1176a Vernon1s Civil Statutes), to adopt and codify its civil and criminal ordinances and to adopt a civil and criminal code, of ordinances together with appro- priate penalties for the violation thereof, which said code when adopted shall have the force and effect of an ordinance regularly enacted with the usual prerequisites of law; Now, Therefore, BE IT ORDAINED BY THE CITY COPIIIvIISSION OF THE CITY OF BEATPMONT ; Section 1. That the following 3d titles con- taining Articles number 1-1 to Tz- Yl shall hereafter constitute the revised code of civil and criminal ordin- ances of the City of Beaumont. Section 2. (a) That 250 copies of such code duly authenticated and approved under the facsimile signature of the Mayor, Leslie Lowry, and attested by the City Clerk, Hugh Blevins, together with a facsimile reproduction of the seal of the City of Beaumont, shall be printed under the direction of the governing body by The Michie Company, Charlottesville, Virginia. The original signatures of the Mayor, Leslie Lowry, and City Clerk, Hugh Blevins, from which the facsimile signatures shall be reproduced, are as follows; Gam. Mayor of the City of Beaumont, Texas -2 - City Clerk of the City of Beaumont, Texas That the official seal of the City of Beaumont from which the facsimile seal shall be reproduced is im- pressed herewith: 1 (b) The authentication shall be in the fol- lowing form: "STATE OF TEXAS: COUNTY OF JEFFERSON: This Code of Civil and Criminal Ordinances has been duly adopted by the governing body of the City of Beaumont this the �q . day of J%u , 1942, in the manner required by law and is hereby authenticated as the Code of Civil and Criminal Ordinances of the City of Beaumont, and becomes effective as provided in the adopting ordin- ance on the 2 ol�day of lqa J 19+-�_ . Leslie Lowry, Mayor of the City of Beaumont, Texas. ATTEST: Hugh Blevins, City Clerk of the City of Beaumont, Texas." Section 3. That said code shall be admitted in evidence without further proof and shall be prima facie evidence in all courts of the existence and regul- arity of the enactments of the particular ordinance and of said code. Section 4. (a) ,All civil and criminal or- dinances of a general nature enf orc.ed when this revised ,5-yz- -3- code takes effect which are inconsistent herewith or in conflict with this code are hereby repealed except as herein provided. (b) That all ordinances in effect upon the effective date of this code not inconsistent with any of the provisions of this revised code which are omitted from such revision or codification shall not be deemed to have been repealed, but shall be continued in full force and effect unimpaired by this revised code. (c) That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such -act done, or right vested or accrued, or pro- ceeding, suit or prosecution had or tormented shall re- main in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed had re- mained in force. No offense committed and no'.,liability, penalty or forfeiture either civil or criminally in- curred prior to the time when any such ordinance or part thereof shall be -repealed or altered by the revised code shall be discharged or affected by such repeal or alteration; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior or- dinance or part thereof had not been repealed or altered. (d) That no general or special ordinance or resolution heretofore enacted validating or legalizing the acts or omissions of any officer or validating any ordinance, act or proceeding whatever shall be affected by the repealing clause of this title; but all validat- ing or legalizing ordinances whatsoever now in force are hereby continued in force. (e) That no ordinance relating to the public debt or the public credit or any annexation of territory shall be affected by the repealing clause of this ordin- ance. (f) That no ordinance relating to a contract to which the City is a party or any contract made for its benefit shall be affected by the repealing clause of this ordinance. (g) That all ordinances and resolutions mak- ing specific appropriation of public funds are continued in force. (h) That nothing in the repealing clause of this title shat be construed as releasing any person, firm or corporation from any duty enjoined in the limi- tation or condition imposed by any ordinance that may be repealed by said repealing clause. (i) That nothing herein shall be construed as a repeal or modification of any ordinance levying a special benefit assessment or creating,a lien and debt against the owner of any property improved by the open- ing, widening, extension or paving of any street or public thoroughfare within the City of Beaumont. 5-1"c/-` 9y--2- _ 4- (j) That nothing herein shall, be construed as a repeal of any franchise, license or right granted by the City of Beaumont to any person, firm or corpora- tion which license, grant, power, franchise was legally in force and effect at the date of the effective date of this revised code. Every such license, grant, power, franchise shall expire as originally provided by ordinance. (k) That this revised code of civil and criminal ordinances of the City of Beaumont shall take effect and e in force at/Z.,00 -x� 02 e Section 5. .That all of the provisions of this ordinance shall be designated as Titled and printed in the front of the code. Section 6. Ordinances adopted subsequent to the 15th day of May, 1942 shall not be deemed to have been repealed by the repealing part of this ordinance but such ordinances are continued in full force and effect. Section 7. The necessity for the publication of the revised code of civil and criminal ordinances of the City of Beaumont in as complete a form as possible and.their early distribution among the citizens of the City of Beaumont creates an imperative public necessity and emergency and requires that this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED by the affirmative of the City Commission of the City qtly day of May, 1942. APPROVED AS TO FORM: G org E. Murphy, Cit Attorney. vote of all members STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT I, Hugh Blevins, City Clerk of the City of Beaumont, Texas, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance, passed by the City Commission on rnaj i9 and correctly enrolled in Ordinance Book 7 , Page 1-1l9 % of the Minutes of Ordinances of the City of.Beaumont, Jefferson County, Texas. Witness my hand and the Seal of the City of Beaumont, Texas, this the /q" day of.�y A. D. 1942. City Clerk of the City of Beaumont, Texas. STATE OF TEXAS: COUNTY OF JEFFERSON: This Code of Civil and Criminal Ordinances has been duly adopted by the governing body of the City of Beaumont this the /91"' day of *; 7a.y, 1942, in the manner required by law and is hereby authenticated as the Code of Civil and Criminal Ordinances of the City of Beaumont, and becomes effective as provided in the adopting ordin- ance on the - 020' day of 7'7)a -y, 1942. Mayor of the City of Beaumont, Texas. ATTEST: City Clerk of the City of Beaumont, Texas. I