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OR 96-758 Amends Code of Ordinances^ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 96758 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES BY MAKING MINOR CHANGES SUCH AS PROVIDING THAT IN ALL CHAPTERS OF THE CODE THE TERM CITY ADMINISTRATOR SHALL BE REPLACED WITH THE TERM CITY MANAGER, AND MAKING OTHER SUCH MINOR CHANGES TO THE CODE IN ORDER TO BE CONSISTENT WITH THE PROVISIONS OF THE HOME RULE CHARTER OF THE CITY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE, EXCEPT, HOWEVER, WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, THE PENALTY SHALL BE THAT FIXED BY STATE LAW, AND FOR ANY OFFENSE WHICH IS A VIOLATION OF PROVISION OF LAW THAT GOVERNS FIRE SAFETY, ZONING, OR PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE, THE PENALTY SHALL BE A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2~000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That in all Chapters of the Code of Ordinances of the City of Coppell, the term "City Administrator" be replaced with the term "City Manager." SECTION 2. That in Chapter 1 of the Code of Ordinances of the City of Coppell, the following amendments shall be made: A. The duplicate subsection D nf Sec. 1-4-2 be deleted and reserved for future use. B. Sec. 1-5-2 shall mad "The City Manager shall become a resident of the City of Coppell within a reasonable time." C. Change "City Secretary" to read "City Finance Director." D. Sec. 1-8-1 shall read "All city employees shall serve the City pursuant to the Charier and Ordinances of the City." City of Coppell Ordinance, Page E. Sec. 1-10-3.9 shall read "Any department head or employee of the City, when requested by the City Manager, shall attend any meeting of the Council." SECTION 3. That in Chapter 2 of the Code of Ordinances of the City of Coppell. the following amendment shall be made: Subsection G of Sec. 2-6-2 shall be amended to read as follows: "Secretary. The office of the Building Official of the City of Coppell shall furnish a person who shall serve as the Secretary of the Building and Standards Commission, but such appointee shall not be a member thereof. The Secretary shall keep a record of the cases, activities. and actions of the Commission and its determinations, give notice of the date and time of hearings, and perform such other duties as am consistent with or may be necessary for the enforcement of this article. as required by the Commission." SECTION 4. That in Chapter 3 of the Code of Ordinances of the City of Coppell, the fullowing amendment shall be made: A. Subsection C of Sec. 3-1-3 shall be amended to require permission from the Waterworks Superintendent or the City Manager, before amending any elevated water storage tank or stand pipe, by replacing the word "and" with the word "or" as underlined above. B. Subsection B of Sec. 3-4-4 shall be amended to replace the term "building inspector" with the term "City Engineer" as the representative to issue street cutting or tunneling permits. C. Sections 3-1-4 and 3-2-3 having been repealed by subsequent ordinances, shall be marked "Reserved For Future Use." SECTION 5. That in Chapter 4 of the Code of Ordinances of the City of Coppell, the following amendment shall be made: A. In order to comply with the City Charter, Section 4-l-3 shall be amended to read "The Police Department shall be composed of the Chief of Police and such other officers, patrolmen and other employees as may from time to time be authorized and appointed pursuant to the provisions of the Home Rule Charter." City of Coppell Ordinance, Page 2 SECTION 6. That in Chapter 6 of the Code of Ordinances of the City of Coppell. the following amendment shall be made: A. In the first paragraph of Sec. 6-1-2 the word "and" shall be inserted between the term "City Health Officer" and the term "Chief of Police" so that such paragraph shall read as follows: "It shall be unlawful for any person to operate a massage establishment without first having obtained a license therefor from the City in accordance with the provisions of this Article and paying the fee provided for herein. Such license shall not be issued unless it is first approved in writing by the City Health Officer and the Chief of Police, and such license shall not be issued until such establishment has been issued a Certificate of Occupancy by the City Building Inspector." SECTION 7. That in Chapter 8 of the Code of Ordinances of the City of Coppell, the following amendment shall be made: The term "Consulting Engineer" shall be changed to "City Engineer" in Sec. 8-2-4. SECTION 8. That all ordinances and provisions of the Code of Ordinances of the City of Coppell, Texas in conflict with the provisions of this ordinance be. and the same are hereby. repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 9. That should any word, phrase, paragraph, section or portion of this ordinance, or of the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, or of the Code of Ordinances. as amended hereby, which shall remain in full force and effect. SECTION 10. An oft~nse committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances, as amended. in effect City of Coppell Ordinancc, Page when the offense was committed and the former law is continued in effect for this purpose. SECTION 11. That any person, firm, or corporation violating any of the pruvisions of this ordinance or the Code of Ordinances as amended hereby. shall be guilty of a misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each oftEnse. except where a different penalty has been established by State law for such offense, the penalty shall be that fixed by State law, and for any offense which is a violation nf any provision of law that governs fire safety, zoning or public health and sanitation. including dumping of refuse. the penalty shall be a fine not to exceed the sum of Two Thousand Dollars ($2.000.00) fnr each offeng: and each and every day such offense is continued shall constitute a new and separate uffense. SECTION 12. That this ordinance shall become effective immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell. Texas, this the o.2-5 -- day of ~ o_ , 1996. APPROVED: TOM MORTON, MAYOR ATTEST: City of Coppell Ordinm~ce, Page 4 APPROVED AS TO FORM: City of Coppell Ordinance, Page 5 AGG090(,4