Adoption Of Code  


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  • The State of Texas:

    County of Dallas:

    This Code of Civil and Criminal Ordinances has been duly adopted by the governing body of the City of Dallas this the 6th day of February, 1961, in the manner required by law and is, hereby authenticated as the Code of Civil and Criminal Ordinances of the City of Dallas, and becomes effective as provided in the Adopting Ordinance on the 1st day of March, 1961.

    Mayor of the City of Dallas, Texas.

    Attest:

    City Secretary of the City of Dallas, Texas.

    ADOPTION OF CODE
    1960

    Ordinance No. 8737

    An ordinance adopting a Code of Civil and Criminal Ordinances of the City of Dallas; providing for the printing thereof, authentication by the Mayor and attestation by the City Secretary, the repeal of certain 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 Dallas 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 Callers Session, Chapter 'l1, as amended 47th Legislature, House Bill 1089 (Article 1176a Vernon's Civil Statutes), to adopt and codify its civil and criminal ordinances and to adopt a civil and criminal code of ordinances together with appropriate 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 Council of the City of Dallas:

    Section 1. That the following fifty (50) chapters containing Sections 1-1 through 50-31 and Parts I, II and III of the Appendix, shall hereafter constitute the 1960 Revised Code of Civil and Criminal Ordinances of the City of Dallas, and includes all civil and penal ordinances passed and adopted by the City Council up to and through the calendar year 1960.

    Section 2.    (a) That the Code shall be arranged and shall consist of two volumes (loose leaf banding), the first volume containing the Table, of Contents and Chapters 1 through 30, and the second volume containing Chapters 31 through 50; Appendix in three parts, of which Ordinance No. 5238 (which is the General Zoning Ordinance of the City of Dallas, the Official Zoning Map being a part of the official records an the office of the City Secretary) shall be Part I; Ordinance No. 8143 (which provides for the zoning and platting of abandoned right-of-ways) shall be Part II; and Ordinance No. 6463 (being the Airport Zoning Ordinance) shall be Part III; and a General Index, of this Revised Code, which shall be known as the "1960 Revised Code of Civil and Criminal Ordinances of the City of Dallas." That 400 copies of such Code duly authenticated and approved under the facsimile signature of the Mayor, R. L. Thornton, and attested by the City Secretary, Harold G. Shank, together with a facsimile reproduction of the seal of the City of Dallas, shall be printed under the direction of the governing body by Michie City Publications Company, Charlottesville, Virginia. The original signatures of the Mayor, R.L. Thornton, and City Secretary, Harold G. Shank, from which the facsimile signature shall be reproduced, are as follows

    Mayor of the City of Dallas, Texas.

    City Secretary of the City of Dallas, Texas.

    That the official seal of the City of Dallas from which the facsimile seal shall be reproduced is impressed herewith:

    (b)   That authentication shall be in the following form:

    "The State of Texas:

    County of Dallas:

    This Code of Civil and Criminal Ordinances has been duly adopted by the governing body of the City of Dallas this the 6th day of February, 1961, in the manner required by law and is hereby authenticated as the Code of Civil and Criminal Ordinances of the City of Dallas, and becomes effective as provided in the Adopting Ordinance on the 1st day of March, 1961.

    Mayor of the City of Dallas, Texas.

    Attest:

    City Secretary of the City of Dallas, Texas."

    Section 3. That said Code shall be admitted in evidence without further proof and the City Secretary shall record said Code as adopted in the ordinance records of the city, and thereafter such record shall serve as a record of the ordinances so codified and it shall not be necessary in establishing the content of any particular ordinance so codified to go beyond said record.

    Section 4.    (a)   All civil and criminal ordinances of a general and permanent nature in force and effect when this Revised Code takes effect which are inconsistent herewith or in conflict with this Code are hereby repeated 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 ouch repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, quit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed had remained in force. No offense committed and no liability, penalty or forfeiture either civil or criminally incurred 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 ordinance 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 ordinance, but all validating 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 or disannexation of territory shall be affected by the repealing clause of this ordinance.

    (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 making specific appropriation of public funds are continued in force.

    (h)   That nothing in the repealing clause of this ordinance shall be construed as releasing any person, firm or corporation from any duty enjoined in the limitation or condition imposed by any ordinance that may be repealed by said repealing clause.

    (i)   That nothing herein shall be construed as a repeal of Ordinance No. 4058 and any amendments thereto, the same being an ordinance regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of buildings and structures in the City of Dallas and referred to as the Building Code of the City of Dallas, said ordinance being recorded in Ordinance Book 34, page 113, et seq., and adopted the 3rd day of June, 1947.

    (j)   That nothing herein shall be construed as a repeal of Ordinance No. 6238, as amended, known as the Zoning Ordinance of the City, which ordinance is printed in Part I of the Appendix of this Revised Code. Nor shall anything herein be construed as a repeal of Ordinance No. 8143, providing for the zoning and platting of abandoned rights of way, etc., and printed as Part II of the Appendix of this Revised Code. Nor shall anything herein be construed as a repeal of Ordinance No. 6463, providing for airport zoning, known as the Airport Zoning Ordinance of the city, and printed as Part III of the Appendix of this Revised Code.

    (k)   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 opening, widening, extension or paving of any street or public thoroughfare within the City of Dallas.

    (l)   That nothing herein shall be construed as s repeal of any franchise, license or right granted by the City of Dallas to any person, firm or corporation which license, grant, power or franchise was legally in force and effect at the date of the effective date of this Revised Code. Every such license, grant, power and franchise shall expire as originally provided by ordinance.

    (m)   That nothing herein shall affect any pending suits of a civil or criminal nature to which the City of Dallas is now or may hereafter become a party.

    (n)   That this Revised Code of Civil and Criminal Ordinances of the City of Dallas shall take effect and be in force at 12:00 o'clock Meridian on the 1st day of March, 1961.

    Section 5. That all of the provisions of this ordinance shall be printed in the front of the Code.

    Section 6. That ordinances adopted subsequent to the 1st day of January 1961, 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. That whenever in such Code or in any ordinance of the city, or in any rule or regulation promulgated pursuant thereto, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code, ordinance, rule or regulation the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of such Code or any such ordinance, rule or regulation shall be punishable by a fine of not exceeding two hundred dollars; provided, however, that where the offense is one for which a penalty is fixed by state law, the penalty for such offense shall be the same as fixed by state law.

    Each day any violation of such Code, ordinance, rule or regulation shall continue, shall constitute a separate offense unless otherwise provided.

    Section 8. That it is the desire of the governing body of the City of Dallas to keep said Code current and up-to-date by causing any amendments, whether they be additions, deletions or changes, to be published in the form of supplements or reprints of pages, not less than once a year. These supplements or reprinted pages -when inserted in proper place in their entirety shall constitute the official Code up to the date of the most recently published supplement or reprinted pages. All of the 400 copies of said Code shall be deemed official copies, one of which official copies shall be kept in the Office of the City Secretary of the City of Dallas, and shall be kept complete and up-to-date with all such changes, supplements and reprinted pages. In the event any question is raised as to whether a Code or any part thereof purchased from the City of Dallas is complete and up-to-date, the copy in the office of the City Secretary shall be final and conclusive. Any ordinance which amends, supplements or repeals any of the provisions of the Code and which is not contained in the supplements or reprints of pages in the Code, and not otherwise repealed, shall nonetheless be deemed in force and effect from the date indicated in same, and upon proof of its existence be admissible in evidence in any of the Courts of this State or the United States, or for any other lawful purposes.

    Section 9. The necessity for the publication of the Revised Code of Civil and Criminal Ordinances of the City of Dallas in as complete form as possible and their early distribution among the citizens of the City of Dallas, 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.

    Approved as to form

    H.P. Kucera, City Attorney.

    Passed: February 6, 1961.

    Correctly enrolled: February 8, 1961.

    H.P. Kucera, City Attorney.

    Attest:

    City Secretary.

    The State of Texas
    County of Dallas
    City of Dallas

    I, Harold G. Shank, City Secretary of the City of Dallas, Texas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 8737, passed by the City Council on the 6th day of February 1961, and correctly enrolled in Ordinance Book 50, page 1 et seq. of the Ordinance Records of the City of Dallas, Dallas County, Texas.

    Witness my hand and Seal of the City of Dallas, Texas, this the 8th day of February 1961.

    City Secretary of the City of Dallas, Texas.