CODE OF ORDINANCES CITY OF PALESTINE, TEXAS

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Published in 1994 by Order of the City Council

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Adopted September 12, 1994
Effective September 12, 1994

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OFFICIALS

of the

CITY OF

PALESTINE, TEXAS

AT THE TIME OF THIS CODIFICATION

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Jackson Hanks

Mayor

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Steven W. Frisch

Eddie Holland

Jimmie L. Cummings, Sr.

Morris Turman
Robert Johnston
Joe Meyer

City Council

____________

Andy McCuistion

City Manager

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Charles W. Nichols

City Attorney

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Ann Pesce

City Secretary

CURRENT OFFICIALS

of the

CITY OF

PALESTINE, TEXAS

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Steve Presley

Mayor

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Larissa Ray Loveless

Mitchell Jordan

Vickey L. Chivers

Joe Baxter

Dana Goolsby

Ann Connor

City Council

____________

Michael Hornes

City Manager

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Ronald D. Stutes

City Attorney

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Teresa Herrera

City Secretary

PREFACE

This Code constitutes a complete recodification of the general and permanent ordinances of the City of Palestine, Texas.

Source materials used in the preparation of the Code were the 1968 Code, as supplemented through June 14, 1993, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1968 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. 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 shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages 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 publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Alyce A. Whitson, Supervising Editor, and Jody Wilson, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

Approval of initiation of this recodification of the general and permanent ordinances of the City of Palestine, Texas, was given by the following city officials:

Jackson Hanks
Mayor

Joe Crutcher
James Simpson
Jimmie L. Cummings, Sr.
Morris Turman
Mike Chennault
Joe Meyer
City Council

The publisher is most grateful to Ann Pesce, City Secretary, Andy McCuistion, City Manager, and Charles W. Nichols, City Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

ADOPTING ORDINANCE

ORDINANCE NO. O-26-94

An Ordinance Adopting and Enacting a New Code of Ordinances for the City of Palestine, Texas; Providing for the Repeal of Prior Ordinances Codified in the Code of Ordinances of the City of Palestine, Texas, to the Extent That They Are in Conflict with the Provisions of This New Code of Ordinances; Providing for a Penalty for the Violation of the Provisions Thereof of Two Thousand Dollars for Violations of Rules, Ordinances and Regulations Governing Fire Safety, Zoning, or Public Health and Sanitation and Five Hundred Dollars for All Other Violations Except Where Such Regulations Are Restricted under Texas Law; Providing for the Savings of Certain Ordinances and Resolutions to the Extent That They Are Not in Conflict with the Provisions of This New Code of Ordinances, It Being the Intent to Save from Repeal Those Certain Ordinances and Resolutions Outlined in Section 1-10 of the New Code of Ordinances and Such Other Ordinances and Resolutions That Are Not in Conflict with the Terms of This New Code of Ordinances, It Being the Intent of the City Council for Provisions of This New Code of Ordinances [to] Prevail over Old Provisions of the Old Code of Ordinances to the Extent That the Same Are in Conflict; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective, and Providing for the Publication of the Descriptive Caption.

Be it Ordained by the City Council of the City of Palestine, Texas, that:

Section 1. The Code entitled "Code of Ordinances, City of Palestine, Texas," published by Municipal Code Corporation consisting of Chapters 1 through 102, each inclusive, is hereby adopted.

Section 2. All ordinances or resolutions or parts thereof of a general and permanent nature enacted on or before the effective date of this Ordinance adopting the new Code of Ordinances of the City of Palestine, Texas, that are in conflict with the provisions herein, are hereby repealed to the extent of such conflict. Provided however, all violations of the previous Code of Ordinances and other ordinances and resolutions of general and permanent nature, which could be or are under prosecution at this time, such previous Code and ordinance and resolution provisions are saved from repeal to the extent necessary for enforcement and prosecution and for purposes of the affirmative use or defense of the city in all civil courts of jurisdiction.

Section 3. The Zoning Ordinance for the City of Palestine, Texas, is not reenacted by this ordinance, but has been codified for the use and benefit of the city and its inhabitants. These ordinances and all such other ordinances are declared to be in full force and effect as is indicated in chapter 1, section 1-10, of the new Code of Ordinances, which provisions therein are incorporated into this ordinance as if set forth herein verbatim.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not exceeding $2,000.00 for violations of all such rules, ordinances and police regulations that govern fire safety, zoning or public health and sanitation, including dumping of refuse, nor exceeding $500.00 for all other violations. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits. In addition, the right is hereby conferred and extended upon any person whose property or rights may be affected or invaded by a violation of the terms of this Code of Ordinances, to bring suit in such courts having jurisdiction thereof and obtain such remedies as may be available under this Code and at law and equity in the protection of the rights of such persons.

Section 5. Additions or amendments to the Code, when passed in the form as to indicate the intention of the city council to make the same a part of the Code, shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after the effective date of this ordinance that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. This ordinance shall become effective upon its passage. The city secretary is instructed to publish the descriptive caption of this ordinance in the Palestine Herald Press, a newspaper of general circulation in Palestine, twice within ten days after the passage of this ordinance.

Passed, Approved and Adopted by the City Council of the City of Palestine, Texas, at a regular city council meeting with notice given to the public as required by law, by a sufficient quorum, upon a roll call vote this 12th day of September, 1994.

	/s/ Jackson Hanks       Mayor

ATTEST:

/s/ Ann Pesce       City Secretary

APPROVED AS TO FORM:

/s/ Charles W. Nichols       City Attorney

Certificate of Adoption

I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the City Council of the City of Palestine held on the 12th day of September, 1994.

SEAL

	/s/ Deann Evans       Assistant City Secretary