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HomeMy WebLinkAbout2194 06-26-2018 ORDINANCE NO. 2194 AN ORDINANCE CONTINUING IN EFFECT SECTION 50-27, "CURFEW HOURS FOR MINORS", OF THE CODE OF ORDINANCES OF THE CITY OF EULESS, TEXAS; REFLECTING COMPLIANCE WITH ALL REQUIREMENTS OF STATE LAW; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, after study, enacted Euless Ordinance No. 1144 on July 12, 1994, adding to the Euless Code of Ordinances Section 50-27, imposing curfew hours for minors as defined therein, and providing certain exceptions, rules and regulations for the enforcement thereof; and WHEREAS, Section 370.002 of the Texas Local Government Code requires that such an ordinance be reexamined before the third anniversary of the date of adoption of a juvenile curfew ordinance and every third year thereafter, to determine whether such provisions should be continued in effect, modified or abolished; and WHEREAS, the Euless City Council enacted Ordinance No. 1144 on July 12, 1994, and has subsequently continued in effect the ordinance provisions in accordance with state law, most recently with Ordinance No. 2181, on August 25, 2015, modifying the provisions of said juvenile curfew ordinance by removal of the daytime curfew provisions; and WHEREAS, the City Council of the City of Euless, Texas, has conducted a review of its curfew ordinance's effect on the community and on the problems the ordinance was intended to remedy; and WHEREAS, the Euless City Council has conducted public hearings on the need to continue in effect the Euless juvenile curfew ordinance; and WHEREAS, based on its review of the ordinance's effects on the community and on the problems the ordinance was intended to remedy, and based on input obtained at the public hearing, the Euless City Council now finds and determines that the current juvenile curfew ordinance provisions in effect within the City should be continued in effect without modification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Ordinance No. 1144, adopted on July 12, 1994, and codified as Section 50-27, "Curfew hours for minors", of the Euless Code of Ordinances, as amended, and as continued in accordance with state law, and amended by Ordinance No. 2081 adopted August 25, 2015, be and the same is hereby continued in effect within the corporate limits of the City of Euless, Texas. SECTION 2. CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of the City 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. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of 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 any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. PENALTY CLAUSE. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with Chapter 1, Section 1-12, Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 5. 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 City Code or any other ordinances regulating curfews 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. Ordinance No. 2194, Page 2 of 3 SECTION 6. PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 ofArticle II of the Charter of the City of Euless. SECTION 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on June 26, 2018, by a vote of 7 ayes, o nays, and 0 abstentions. APPROVED: inda Martin, Mayor ATTEST: kA Sutter,'TRMC City Secretary APPROVED AS TO FORM: Wayne K. Olson, City Attorney Ordinance No. 2194, Page 3 of 3 CITY OF EULESS ORDINANCEN0.2194 grREDUR ANORDINANCECONTINUINGINEFFECT SECTION 50 27, "CUR- FEWHOURSFORMINORS", i 0 F T H E C 0 D E 0 F ; Citi2an J La Estrella tvlartsfieec ORDINANCESOFTHECITY OFEULESS,TEXAS;REFLECTING ..ast I Weatherford Star-Telegram star-telegrai C O M P L I A N C E forth,Tx.76102.63151800.776.7827 WITH ALLREQUIRE MENTSOF S T A T E L A W PROVIDINGTHATTHISORDINAN 111r+ A -r-1r%aI CESHALLBECUMULATIVEOF SECTION 4. ALLORDINANCES;PROVIDINGA Account# Ad Number SEVERABILITYCLAUSE; PRO- _ PUBLICATION CLAUSE.The City Amount Cols Depth VIDING A PENALTY FOR VIOLA- — Secretary of the City of Euless 600565 0003737134CIT T 1 0 N S A is hereby directed to publish in $90.00 1 125.00 Li PROVIDINGASAVINGSCLAUSE; the official newspaper of the PROVIDING FOR PUBLICATION — City of Euless, as required by IN THE OFFICIAL NEWSPAPER; Section 12 of Article II of the Attention: AND PROVIDING Charter of the City of Euless. ANEFFECTIVEDATE. TATE OF TEXAS CITY OF EULESS SECTION 4. ! SECTION 5. ,of Tarrant 201 N ECTOR DR PENALTY FOR VIOLATION. EFFECTIVE DATE. This ordinance Any oration vio- shall be in full force and effect person,firm,or corporation EULESS, TX 760393543 p from and after its passage, as ne, a Notary Public in and for lating any of the terms and pro- provided by the Euless City visions of this ordinance shall Charter and the laws of the Jnty and State,this day be deemed guilty of a misde- State of Texas. II appeared CHRISTINE meanor, and upon conviction Y PP thereof shall be fined in accord- PRESENTED AND PASSED ON Bid and Legal Coordinator ante with Chapter 1, General FIRST AND FINAL READING at g Provisions,"Section 1-12,"Gen- a regular meeting of the Euless )tar-Telegram, published by eral Penalty," Euless Code of City Council on June 26, 2018, Ordinances. Each such violation by a vote of 7 ayes,0 nays,and -Telegram, Inc.at Fort shall be deemed a separate of- 0 abstentions. n Tarrant County,Texas;and fense and shall be punishable as such hereunder. who, after being duly sworn,did aECTION 6. depose and say that the attached PUBLICATION CLAUSE.The City clipping of an advertisement was Secretary of the City of Euless published in the above named is hereby directed to publish in P paper the official newspaper of the on the listed dates: City of Euless, as required by Section 12 of Article 11 of the Charter of the City of Euless. SECTION 7. EFFECTIVE DATE. This ordinance 2 Insertion(s) shall be in full force and effect from and after its passage, as Published On: provided by the Euless City Charter and the laws of the June 29,2018,June 30,2018 State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on June 26, 2018, by a vote of 7ayes,0 nays,and 0 _ abstentions. FY PG P& DEBORAH JEAN BAYLOR�� 1 ♦P'..... ORDINANCE N0.2196 Notary Public, State of Texas AN ORDINANCE AUTHORIZING =" • vc Comm. Expires 10-29-2019 THE ISSUANCE OF A SPECIFIC USE PERMIT ON MORRISDALE '�i��r � Notary ID 13042344-2 ADDITION,BLOCK 1A,LOT 2A1, 4223 WEST PIPELINE ROAD FOR A PLACE OF WORSHIP; PROVIDING FOR A SEVERABILITY CLAUSE;PRO- VIDING A PENALTY FOR VIOLA- TION;PROVIDING FOR PUBLI- CATION IN THE OFFICIAL (Principal Clerk) NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. SECTION 3. SUBSCRIBED AND SWORN TO PENALTY FOR VIOLATION.Any BEFORE ME,THIS 6th day of July person,firm,or corporation vio- in the year Of 2018 lating any of the terms and pro- visions of this ordinance shall be deemed guilty of a misde- meanor,and upon conviction thereof shall be fined in accord- ance with Chapter 1,"General Provisions,"Section 1-12,"Gen- ����� "Gen- eral Penalty,"Euless Code of iOrdinances.Each such violation Notary Public-Deborah Bay or shall be deemed a separate of- fense and shall be punishable as such hereunder. mar-Telegrjpq Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfleid Nevis-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-63151800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification Po Amount I Cols I Depth 600565 0003714791 CITY OF EULESS NOTICE OF PUBLIC HEARIN $5.04 1 14.00 Li Attention: THE STATE OF TEXAS CITY OF EULESS County of Tarrant 201 N ECTOR DR EULESS, TX 760393543 Before me, a Notary Public in and for said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc. at Fort 1111114" ITy OF EULESS NOTICE OF Ptl LIC HEAW INGon Worth, in Tarrant County, Texas; and The Euless Cityublic hearing on Tues- who, after being duly sworn,did dnche„Co 2�61�Chambe7!00 �atPEu- depose and say that the attached day N Ector I less Han, clipping of an advertisement was �I Texas to receive ri e, Euless, iding contin- ents ontra published in the above named paper D at on ofsthe atre e�uIY en cuh12,21994, s: adopted zo15. on the listed date Hance ended Cugust 25, and am Kim Sutter,TRM iCity Secretary __------ --. 1 Insertion(s) Published On: June 14,2018 Q . (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 20th day of June in the year of 2018 Notary Public-Deborah Bayror —tea Y DEBORAH JEAN BAYLOR Ue%i �cNotary Public, State of Texas v� Comm. Expires 10-29-2019 Notary ID 13042344-2