PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Diboll of a general and permanent nature.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Source materials used in the preparation of the Code were the 1973 City Code as supplemented through November 21, 1977, and ordinances subsequently adopted by the governing body. 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. By use of the Comparative Tables appearing in the back of the volume, the reader can locate any section of the 1973 Code and any subsequent ordinance included herein.

Footnotes which tie related sections of the Code together and which refer to relevant provision of the 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 volume.

Numbering System

The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of chapter 1 is numbered 1-1 and the second section of chapter 3 is 3-2. 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 7-1 and 7-2 is desired to be added, such new sections would be numbered 7-1.1, 7-1.2 and 7-1.3, respectively. New chapters may be included in the same manner. If the new material is to be included between chapters 4 and 5 it will be designated as chapter 4.5. 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.

Index

The 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 government 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.

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

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.

Acknowledgments

The publication of this Code was under the direct supervision of George R. Langford, President, and Milton E. Lefkoff, 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.

The publishers are most grateful to Warner, Cassels, Haglund & Clark, City Attorneys, Mr. Terry K. Roberts, City Manager, and Mrs. Geneva S. Ard, City Secretary, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publishers 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. 83-15

An Ordinance Adopting and Enacting a New Code for the City of Diboll, Texas; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing for the Manner of Amending and Supplementing Such Code; and Providing When Such Code and this Ordinance Shall Become Effective.

Be It Ordained By The Council of the City of Diboll, Texas:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 22, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Diboll, Texas," which Code shall supersede all general and permanent ordinances of the city adopted on or before November 8, 1982, 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 October 17, 1983, and all ordinances of a general and permanent nature of the city adopted on final passage on or before November 8, 1982, and not included in such Code, or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of such Code.

Section 3. That the repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That unless another penalty is expressly provided, a violation of any provision of such Code, or any ordinance of the city, shall be punished by a fine of not less than one dollar ($1.00) and not more than 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 council to make the same a part of such Code, shall be deemed to be incorporated in such Code, so that reference to such Code shall be understood and intended to include such additions and amendments.

Section 6. That 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 1-5 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 any ordinance adopted after November 8, 1982, which amends or refers to ordinances which have been codified in such Code, shall be construed as if they amend or refer to like provisions of such Code.

Section 8. That this ordinance and the Code adopted hereby shall become effective October 17, 1983.

Approved and Adopted this 17th Day of October, 1983.

/s/ C. H. Shepard, Jr.
Mayor

ATTEST:

/s/  Geneva S. Ard
City Secretary