CODE OF ORDINANCES CITY OF MARSHALL, TEXAS
____________
CHARTER
and
GENERAL ORDINANCES OF THE CITY____________
ADOPTED: NOVEMBER 24, 1958
EFFECTIVE: JANUARY 5, 1959____________
PUBLISHED BY ORDER OF THE CITY COMMISSION
____________
>OFFICIALS
of the
CITY OF
MARSHALL, TEXAS
____________
Larry Hurta
Chairman____________
Gloria Moon
Gail Beil
Terri Brown
William Halliday
Vernia Calhoun
Doug Lewis
Commissioners
____________
Lisa Agnor
City Manager____________
Elaine Altman
City Secretary____________
Todd Fitts
City AttorneyPREFACE
The Charter compilation herein consists of the Charter of 1909, as subsequently amended from time to time.
The Code contained in this volume is a revision and codification of all ordinances of a general and permanent nature that were deemed advisable to be retained. This Code is an entire new codification and as expressed in the Adopting Ordinance supersedes all previous ordinances of a general and permanent nature not included herein or expressly saved from repeal by the Adopting Ordinance. This Code contains only ordinances of a general and permanent nature prescribed for and affecting the public as a whole. 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, such as the ordinances levying special assessments, providing for bond issues, paving, vacating and opening specified streets, etc., are not included herein. For more specific enumeration of the type of ordinances which are not included see Section 3 of the Adopting Ordinance. All the ordinances have been classified as to subject matter, edited, revised and in many instances completely rewritten. New words and phrases and even whole sections have been added to make this Code comprehensive in scope and lucid in meaning.
As it will be noted, the chapters have been conveniently arranged in alphabetical order, and the various sections within each chapter have been appropriately catchlined to facilitate usage. Attention is also directed to the appropriate footnotes which tie related sections of the Code together and which also refer to correlative charter provisions and relevant state laws.
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 10 is 10-14. Under this system, each section is identified with its chapter and at the same time new sections, or even whole chapters, can be inserted in their proper places, 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 and 4-4.3, respectively. New chapters may be included by the addition of a capital letter 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 12A. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and 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.
The parentheses which follow most of the sections in the Code embrace and designate the source of the material used. Where no historical citation follows a section, the material was officially passed as of the date of the ordinance which adopts this codification.
A 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 looseleaf system the Code of Ordinances will be kept up to date periodically. Amendatory ordinances will be properly edited and the appropriate pages affected reprinted, and these amendments will be distributed to the holders of the Codes with instructions for the manner of inserting 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 4 of the Adopting Ordinance.
The successful maintaining of this Code up to date at all times will depend largely upon the holder of the volume. 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 in their proper places immediately upon receipt to avoid misplacing the same, and in addition, that all the deleted pages be saved and filed for historical reference purposes.
The general index to 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.
Time and effort have not been spared in the preparation of this Code and the publishers are most grateful to Mr. Gaines Baldwin, City Attorney and Mr. Clark Ross, City Secretary, for their cooperation during the progress of the editorial work.
The publication of this Code was under the direct supervision of Mr. George R. Langford and Mr. B. Meade White of the editorial staff of the Municipal Code Corporation, Tallahassee, Florida. Credit must also be given to Mrs. Elnora S. Fuller of the editorial staff for technical assistance, and to Mrs. Frances Ryle, Miss Remona Hearrin, Mrs. Gloria P. Jacobs, Mrs. Rhonda Heins, Mrs. Evelyn Slusher and Julius Sturm of the publisher's staff for their sincere interest and able assistance throughout the project.
This Code is presented for the use and benefit of the citizens of the City of Marshall, Texas.
MUNICIPAL CODE CORPORATION
Tallahassee, FloridaDecember 1958
ADOPTING ORDINANCE
An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Marshall, Texas; Establishing the Same; Providing for the Repeal of Certain Ordinances not Included Therein, Except as Herein Expressly provided; Providing for the Manner of Amending such Code of Ordinances; and Providing When This Ordinance Shall Become Effective.
Be It Ordained By the Commission of the City of Marshall:
That the City of Marshall does hereby adopt a civil and criminal Code of Ordinances, consisting of Chapters 1 through 32, each inclusive, entitled the "Code of Ordinances, City of Marshall, Texas," a copy of which was filed on the 12th day of November, 1958, with the City Secretary of the City of Marshall, Texas, and the same shall be treated and considered as a new and original comprehensive Code of Ordinances which shall supersede all other general and permanent ordinances passed by the City Commission on or before April 10, 1958, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose.
That all provisions of such Code shall be in full force and effect thirty days from the date this ordinance becomes law and all ordinances of a general and permanent nature of the City of Marshall enacted on final passage on or before April 10, 1958, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. That no resolution of the City, not specifically mentioned, is hereby repealed.
That the repeal provided for in Section 2 hereof shall not 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 ordinance; nor shall such repeal affect any ordinance or resolution 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, or any contract or obligations assumed by the City; nor shall such repeal affect the administrative ordinances or resolutions of the City Commission not in conflict or inconsistent with the provisions of such Code; nor shall such repeal affect any right or franchise granted by any ordinance or resolution of the City Commission to any person, firm or corporation; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City; nor shall such repeal affect the annual appropriation ordinance; nor shall such repeal affect any ordinance levying or imposing taxes; nor shall such repeal affect any zoning ordinance or any amendment to the zoning map on file in the office of the City Secretary not inconsistent herewith; nor shall such repeal affect any ordinance establishing and prescribing the street grades of any street in the City; nor shall such repeal affect any ordinance providing for local improvement and assessing taxes therefor; nor shall such repeal affect any ordinance dedicating or accepting any plat or subdivision in the City; nor shall such repeal affect any ordinance or resolution extending the boundaries of the City for either municipal or school purposes; nor shall such repeal affect any ordinance providing for the acquisition of lands for use as public parks; nor shall such repeal affect any salary ordinance not inconsistent herewith; nor shall such repeal affect any ordinance, or amendment thereof, establishing or regulating the Policemen's Relief Association or the Firemen's Relief Association; nor shall such repeal affect any utility company rates or charges not inconsistent herewith; nor shall such repeal affect any ordinance establishing parking time limits or no parking areas, not inconsistent herewith; nor shall such repeal affect any ordinance specifying vehicle or railroad train speed limits; nor shall such repeal affect any ordinance designating and establishing one-way streets; nor shall such repeal affect any ordinance establishing building regulations, not inconsistent herewith; nor shall such repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.
Any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the City Commission 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 Marshall" shall be understood and intended to include such additions and amendments.
A copy of such Code shall be kept on file in the office of the City Secretary, preserved in looseleaf form, or in such other 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 Commission 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 Commission. A copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Code of Ordinances of Marshall.
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 1-8 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.
It shall be unlawful for any person, firm or corporation to change or amend by addition or deletions, any part or portion of such Code, or to insert or 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 Marshall to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 1-8 of the Code of Ordinances of the City of Marshall.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed, on the effective date of this ordinance.
This ordinance shall become effective after passage, approval and publication.
PASSED ON FIRST READING, this 13th day of November, 1958.
AYES 4
NOES 0PASSED ON FINAL READING AND APPROVED, this 24th day of November, 1958.
AYES 5
NOES 0CHARLES SPANGLER
CHAIRMAN, CITY COMMISSION,
CITY OF MARSHALL, TEXAS
ATTEST:
CLARK ROSS
CITY SECRETARY