CODE CITY OF TEXARKANA, ARKANSAS

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Adopted, August 1, 1983
Effective, November 1, 1983

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Published in 1983 by Order of the Board of Directors

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OFFICIALS

of the

CITY OF TEXARKANA, ARKANSAS

AT THE TIME OF THIS CODIFICATION

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Bobby F. Ferguson
Mayor

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Dwight Bailey	Tom Reynolds
Hubert Easley	Londell Williams, Asst. Mayor
Danny Gray	Dennis Young
Directors

 

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Kenneth W. Parker

City Manager

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James S. Hudson, Jr.

City Attorney

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Sandra B. Powell

City Clerk

CURRENT OFFICIALS

OF THE CITY

OF TEXARKANA, ARKANSAS

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Ruth Penney Bell
Mayor

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Linda Teeters
Ward 1

Laney J. Harris
Ward 2

Tim Johnson
Ward 3

Travis Odom
Ward 4

Barbara S. Miner
Assistant Mayor
Ward 5

Terri Peavy
Ward 6

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Kenny Haskin
City Manager

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George M. Matteson
City Attorney

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Heather Soyars
City Clerk

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Texarkana of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included herein or recognized as continuing in force by reference thereto.

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 1961 Code as supplemented through April 17, 1978 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 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 volume, the reader can locate any 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. Footnotes which tie related sections of the Code together and which refer to relevant state laws 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 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 number 1-1 and the sixth section of Chapter 5 is 5-6. 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 place 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 of 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 municipal 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 to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this 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 holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, 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.

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 Mr. Joe Griffin, City Attorney, and Ms. Sandra Powell, City Clerk, 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.

August, 1983

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ORDINANCE NO. K-66

An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Texarkana, Arkansas; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Saving From Repeal Ordinances Relating to Certain Specific Subjects of City Regulations; A Manner of Amending Such Code of Ordinances; A Penalty For the Violation Thereof; and Providing When This Ordinance Shall Become Effective.

Be It Ordained by the Board of Directors of the City of Texarkana, Arkansas:

Section 1. The accompanying Code of Ordinances, a copy of which is on file in the Office of the City Clerk, is hereby adopted and enacted as the "Code of Ordinances, City of Texarkana, Arkansas," 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 on or before February 22, 1982, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose.

Section 2. All provisions of such Code shall be in full force and effect on November 1, 1983 the passage and publication of this ordinance being accomplished in accordance with law prior to said date; and ordinances of a general and permanent nature of the City of Texarkana enacted on final passage on or before February 22, 1982, 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. No resolution of the City, not specifically mentioned, is hereby repealed.

Section 3. 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 by 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; nor shall such repeal affect the administrative ordinances or resolutions of the Board of Directors, not in conflict or inconsistent with the provisions of such Code; nor shall such repeal affect any right of franchise granted by any ordinance or resolution of the Board of Directors of any preceding governing body to any person, firm or corporation; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening or vacating any street or public way in the City; nor shall such repeal affect any ordinance or resolution establishing bench marks; nor shall such repeal affect the annual budget or appropriation ordinance or resolution; 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 levying taxes; nor shall such repeal affect any ordinance providing for local improvements 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 ordinances of the City prescribing a code regulating the construction or repair of buildings; nor shall such repeal affect any ordinance providing for the inclusion or exclusion of lands within the City; nor shall such repeal affect any ordinance providing for the dedication of lands by the City to any purpose or vacating such lands; nor shall such repeal affect any ordinance regulating the salaries or compensation of city officers and employees; nor shall such repeal affect any ordinance adopting zoning maps, master street plans and amendments thereto; nor shall such repeal affect any ordinance of the City granting to railroad companies the right to construct spur railroad tracks in the City or requiring railroad crossing signals; nor shall such repeal affect any ordinance relating to the installation of fire hydrants; nor shall such repeal affect any ordinance relating to the acquisition of lands by the City by condemnation proceedings, nor shall such repeal affect any ordinance authorizing any encroachment on any city or public property; nor such repeal affect any ordinance or code or parts thereof establishing an Improvement District for any purpose authorized by law; nor shall such repeal affect any ordinance or Code or parts thereof adopted by reference by any section of such Code and not included herein; nor shall such repeal affect any ordinances prescribing traffic regulations for specific locations, not inconsistent with such Code; 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.

Section 4. Any and all additions or amendments to such Code, when passed in such form as to indicate the intention of the Board of Directors 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 Texarkana, Arkansas" shall be understood and intended to include such additions and amendments.

Section 5. A copy of such Code shall be kept on file in the Office of the City Clerk in looseleaf form. It shall be the express duty of the City Clerk or someone authorized by said Clerk to insert in their designated places all amendments or ordinances which indicate the intention of the Board of Directors 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 Board of Directors. This copy of such Code shall be available for all persons desiring to examine the same.

Section 6. It shall be unlawful for any person, firm or partnership, association, organization or corporation to violate or fail to comply with any provisions of the Code of Ordinances of the City of Texarkana, Arkansas, and where no specific penalty is provided therein, the violation of any provision of such Code shall be punished as prescribed in Section 1-4 of such Code.

Section 7. 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 1-4 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 8. It shall be unlawful for any person, firm, or corporation 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 Texarkana to be misrepresented thereby. Any person, firm or corporation violating this section shall be punished as provided in Section 1-4 of the Code of Ordinances of the City of Texarkana.

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

Section 10. This ordinance shall become effective November 1, 1983, its passage and publication being accomplished prior to that date.

PASSED AND ADOPTED on this 1st day of August, 1983.

/s/ Bobby F. Ferguson
Mayor

ATTEST:

/s/ Sandra Powell
City Clerk