CODE OF ORDINANCES CITY OF EAGLE PASS, TEXAS

____________

THE CHARTER
and
GENERAL ORDINANCES OF THE CITY

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Adopted: January 4, 1966
Effective: January 5, 1966

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Republished in 1998 by Order of the City Council

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>

OFFICIALS

of the

CITY OF EAGLE PASS, TEXAS

AT THE TIME OF THE 1966 CODIFICATION

____________

Eugenio Mireles

Mayor

____________

Pete Mathiwos

M. M. Richardson

L. E. Slubar

Juan C. Flores

Councilmen

____________

Charles L. Brazil

City Manager

____________

Manuel Reyes, Jr.

City Secretary

____________

Gerald D. Becker

City Attorney

PREFACE

This volume is a republication of the 1966 Code of the City of Eagle Pass, Texas. The original arrangement and the original numbering system have been retained. All state law references were deleted as being obsolete. Obvious typographical errors and misspellings have been corrected without notation.

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
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

The following paragraphs are reprinted from the preface of the 1966 Code:

This volume contains the Charter and Code of Ordinances of the City of Eagle Pass. The Code is a revision and codification of all ordinances of a general and permanent nature that were deemed advisable to be included. It is the first such revision and codification for the City of Eagle Pass.

This code is an entire new codification and, as expressed in the Adopting Ordinance, supersedes all ordinances not included herein or expressly saved from repeal by the Adopting Ordinance. Only ordinances of a general and permanent nature prescribed for and affecting the public as a whole are included herein. Special ordinances dealing with only a portion of the inhabitants of the City, rather than all of them, or relating to special purposes, such as 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 herein, see Section 3 of the Adopting Ordinance.

As 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 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 25 is 25-14. Under this system, each section is identified with its chapter and at the same time new sections 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, 4-4.3, respectively. Sections have been reserved at the end of articles and divisions to provide for future expansion.

New chapters may be included by the addition of a fraction 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 12½. A new chapter appearing between Chapters 12 and 12½ will be designated Chapter 12¼, etc. 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 source of each section is included in the history note 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 this Code.

A special feature of this Code to which the attention of the user is especially directed is the innovation of the looseleaf system of binding and supplemental servicing for the Code. With this new looseleaf system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to the holders of the Codes with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such subsequent amendments, when incorporated into this Code, may be cited as a part hereof as provided in Section 5 of the Adopting Ordinance.

The successful maintenance 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 immediately upon receipt to avoid misplacing them, and in addition, that all deleted pages be saved and filed for historical reference purposes.

The general index of the Code and Charter Index 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 guideposts to direct the user to the particular item in which he is interested.

The publishers are most grateful to all city officials and employees for their supervision, cooperation and interest during the preparation of this Code. Special appreciation is due Mr. Charles L. Brazil, City Manager and Mr. Gerald D. Becker, City Attorney, for their efforts and assistance to the publishers.

The publication of this Code was under direct supervision of Mr. George R. Langford, President, and Mr. Benjamin K. Phipps, 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.

This Code is presented for the use and benefit of the citizens of the City of Eagle Pass.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

January 1966

ORDINANCE NO. 66-01

ADOPTING ORDINANCE

An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Eagle Pass, Texas; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein, Except as Herein Expressly Provided; Providing for the Effective Date of Such Code and a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When This Ordinance Shall Become Effective.

Be It Ordained by the City Council of the City of Eagle Pass:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 27, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Eagle Pass, Texas," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before May 4, 1965, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the 5th day of January, 1966, and all ordinances of a general and permanent nature of the City of Eagle Pass, enacted on final passage on or before May 4, 1965, and not in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 5th day of January, 1966, except as hereinafter provided. No resolution of the City not in conflict with the provisions of such Code is hereby repealed.

Section 3. That the repeal provided for in Section 2 hereof shall not affect the following:

(1)

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 such Code;

(2)

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, or any contract or obligation assumed by the City;

(3)

Any ordinance fixing the salaries of city officers or employees;

(4)

Any right or franchise granted by the city;

(5)

Any ordinance prescribing the rates to be charged by public utilities or other companies holding a franchise from the City;

(6)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, vacating, closing, etc., any street, alley or public way in the City;

(7)

Any appropriation ordinance;

(8)

Any ordinance providing for local improvements and assessing taxes therefor;

(9)

Any ordinance which, by its terms, is limited in its effect to a specific period of time;

(10)

Any ordinance dedicating, accepting or approving any plat or subdivision;

(11)

Any ordinance prescribing or changing the boundaries of the City or annexing or deannexing territory to or from the city limits;

(12)

Any ordinance adopting, approving or prescribing specifications for streets, sidewalks, curbs or other improvements;

(13)

Any ordinance relating to municipal street maintenance agreements with State of Texas;

(14)

The Zoning Ordinance of the City adopted March 11, 1959; The Platting Ordinance of the City adopted April 29, 1960;

(15)

Any ordinance or resolution designating one-way streets, stop intersections, intersections at which traffic lights or signals are to be installed, no parking areas or limited parking areas or any other ordinance or resolution prescribing traffic regulations or restrictions on specific streets or portions thereof or in specific areas;

(16)

Any ordinance enacted after May 4, 1965.

Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine not exceeding two hundred dollars ($200.00), as provided in Section 1-5 of such Code.

Section 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the Code of Ordinances of the City of Eagle Pass, Texas, shall be understood and intended to include such additions and amendments.

Section 6. 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 4 of this ordinance and Section 1-5 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.

Section 7. That 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 Council 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 Council. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or amend by additions 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 Eagle Pass to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

Section 9. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10. In the event that any sentence, section or part of any section or provision of this Ordinance be declared unconstitutional or invalid for any reason, by a Court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. And it is hereby determined and declared to be, and it is, the intention of the City Council, that in any such event the remainder and remaining provisions of this Ordinance would have been passed and approved, although any such sentence, section, part or provision so declared unconstitutional or invalid, had been originally omitted herefrom.

Section 11. This ordinance shall become effective on the 5th day of January, 1966, and for newspaper publication as required by the Home Rule Charter of this City and State Law.

PASSED AND APPROVED this, the 4th day of January, 1966, same having been passed and approved at two previous meetings on December 7, 1965, and on December 16, 1965.

EUGENIO MIRELES
Mayor   

(SEAL)
ATTEST: MANUEL REYES, JR.  City Secretary Approved: GERALD D. BECKER  City Attorney	By vote of the City Council thereon on final reading: AYES: Mayor Mireles and Councilmen Mathiwos, Richardson, Slubar, and Flores. NOES: None.

 

STATE OF TEXAS:

COUNTY OF MAVERICK:

This Code of Civil and Criminal Ordinances of the City of Eagle Pass, adopted and enacted on this, the 4th day of January, 1966, as the "Code of Ordinances, City of Eagle Pass, Texas" by ordinance of the City Council, effective the 5th day of January, 1966, and after the adoption and publication of the adopting ordinance, as required by law is hereby duly authenticated and approved.

IN WITNESS WHEREOF, I have hereunto subscribed my name as Mayor of the City of Eagle Pass, and attested by the City Secretary, with the seal of the city affixed hereto, this 4th day of January, 1966.

EUGENIO MIRELES
Mayor   

(SEAL)

ATTEST:

MANUEL REYES, JR.
 City Secretary

Approved:

GERALD D. BECKER
 City Attorney