HomeMy WebLinkAbout2404 09-24-2024ORDINANCE NO. 2404
AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING
THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, BY
REPEALING CHAPTER 95, "FAIR OVERTIME AND SCHEDULING
STANDARDS," IN ITS ENTIRETY; PROVIDING THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Euless (the "City") is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, pursuant to Article IV of the City Charter, an initiative election was
held on November 3, 2020, wherein the citizens of Euless approved the adoption of
regulations regarding fair overtime and scheduling standards, codified in Chapter 95
of the Code of Ordinances, City of Euless, Texas (the "Code"); and
WHEREAS, since the adoption of these regulations the Texas Legislature
adopted HB 2127 which, among other things, adopted Section 1.005 of the Texas
Labor Code to prohibit a municipality from adopting, enforcing, or maintaining an
ordinance, order, or rule regulating employment leave, hiring practices, breaks,
employment benefits, scheduling practices, and any other terms of employment that
exceed or conflict with federal or state law for employers, including any field or
regulation that is occupied by a provision in the Texas Labor Code; and
WHEREAS, Article IV, Section 6 of the City Charter provides that an ordinance
adopted by initiative election may be repealed or amended at any time after the
expiration of two (2) years by a four -fifths (4/5) vote of the city council; and
WHEREAS, more than two years has passed since the adoption of the fair
overtime and scheduling standards set forth in Chapter 95 of the Code; and
WHEREAS, the City Council has determined that repealing the regulations in
Chapter 95 of the Code is in the best interest of the health, safety, and general welfare
of the citizens of the City of Euless and the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF
EULESS, TEXAS, THAT:
SECTION 1.
Chapter 95, "Fair Overtime and Scheduling Standards," of the Code is hereby
repealed in its entirety.
SECTION 2.
This Ordinance shall be cumulative of all provisions of the Code and other
ordinances of the City of Euless, Texas, except where the provisions of this Ordinance
are in direct conflict with the provisions of other ordinances, in which event the
conflicting provisions of the other ordinances are hereby repealed.
SECTION 3.
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council that the phrases, clauses, sentences, paragraphs, and sections of this
Ordinance are severable, and if a phrase, clause, sentence, paragraph, or section of
this Ordinance shall be declared unconstitutional by the valid judgment or decree of a
court of competent jurisdiction, such unconstitutionality shall not affect the remaining
phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the
same would have been enacted by the City Council without the incorporation in this
Ordinance of the unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 4.
SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly
saved as to any and, all violations of the provisions of the Code that have accrued at
the time of the effective date of this Ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances, same shall not be affected by this Ordinance but may be prosecuted
until final disposition by the courts.
SECTION 5.
EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage, and it is so ordained.
PRESENTED AND APPROVED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the day of September 24, 2024, by a vote
of 6 ayes, 0 nays, and0 abstentions.
�;d Marttin. Mayor r44�*�
ATTEST:
7
Ki, Sutter, TRMC, CMC
ity Secretary / Chief Governance Officer
APPROVED AS TO FORM:
Wayne K. Olson, City Attorney
Ordinance No. 2404, Page 2 of 2