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Home My WebLink About1956 06-12-2012 ORDINANCE NO. 1956 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 46, "NUISANCES", ARTICLE V, "JUNKED MOTOR VEHICLES", SECTION 46-136, "DEFINITIONS", BY AMENDING THE DEFINITION OF "JUNKED VEHICLE" TO CONFORM TO RECENT STATUTORY AMENDMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL THINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas 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, the legislature has adopted Chapter 683 of the Transportation Code to adopt procedures for the abatement and removal of junked vehicles as a public nuisance from private property, public property, or public rights-of-way; and WHEREAS, the City Council of the City of Euless has previously adopted regulations declaring junked vehicles that are visible from a public place or public right of way a public nuisance; and WHEREAS, the City Council of the City of Euless has determined that it is in the best interests of the citizens of the City of Euless to amend the definition of "Junked vehicle" to reflect changes to Chapter 683, Subchapter E of the Texas Transportation Code enacted by the 82nd Legislature in House Bill 1376 and House Bill 787; and; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. Section 46-136, "Definitions", Article V, "Junked Motor Vehicles" of Chapter 46, "Nuisances", of the Code of Ordinances, City of Euless is hereby amended to hereafter be and read as follows: "Junked Vehicle. Any motor vehicle that is self-propelled and: (1) Displays an expired license plate or invalid motor vehicle inspection certificate or does not display a license plate or motor vehicle inspection certificate; and (2) Is: a. Wrecked, dismantled or partially dismantled, or discarded; or b. Inoperable and has remained inoperable for more than: 1. Seventy-two consecutive hours, if the vehicle is on public property; or 2. Thirty consecutive days, if the vehicle is on private property. (3) For purposes of this article, "Junked Vehicle" also includes aircraft or watercraft and applies only to: a. An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft regulations in 14 C.F.R. Part 47; or b. A watercraft that does not have lawfully on board an unexpired certificate of number and is not a watercraft described by Section 31 of the Texas Parks and Wildlife Code." SECTION 2. CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions 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 of the City of Euless 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase. 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. Ordinance No. 1956, Page 2 of 3 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 junked vehicles 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 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 of Article 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, and it is so ordained. PRESENTED AND GIVEN FIRST AND FINAL READING, and approved at a regular meeting of the Euless City Council on the 12th day of June 2012, by a vote of 7 ayes, 0 nays and o abstentions. APPROVED: ATTEST: Mary LikefArY4-gzitit, Saleh, Mayor i Sutte , TRMC, City Secretary APPROVED AS TO FORM: 3k a Wayne K. Olson, City Attorney Ordinance No. 1956, Page 3 of 3 INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 321682611 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 6/15/2012 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 6/30/2012 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 32168261 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn: ACCOUNTS . PAYABLE Publication Dates: 6/14/2012-6/15/2012 De z' ek `r 1 '' 'k i4 '' ' ' Location Col Depth Linage MU Rate Amount CITY OF EULESS CITY OF ORDINANCE NO. 1956 1 13580 1 51 51 LINE $6.11 $623.12 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 46, Sales Dis "NUISANCES", ARTICLE V, ($599.52) "JUNKED MOTOR VEHICLES", SECTION 46-136, "DEFINITIONS", BY MENDING TE Misc Fee OF JUNKED VEHICLE'ETO ICON- $10.00 FORM TO RECENT STATUTORY AMENDMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CU- MULATIVE OF ALL THINGS; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR Net Amount: $33.60 VIOLATIONS; PROVIDING A SAV- %'U11111/ INGS CLAUSE; PROVIDING FOR \\�� /�� PUBLICATION IN THE OFFICIAL \\ �,, H04:4 NEWSPAPER AND PROVIDING AN `\�,`y •........ EFFECTIVE DATE. �� EFFECTIVE DATE. This ordinance . ...0.? q e( ... shall be in full force and effect Q1` ,t." o •• s from and after its passage and Z:o publication as provided by the _C.)•z ■ co Euless City Charter and the laws of the State of Texas,and it is so +*��•tj>. � •• ordained. ��""" PENALTY CLAUSE.Any person,firm • or corporation violating any of the i ••••Ar' ,.s.0.•• terms and provisions of this ordi- •' nance shall be deemed guilty of a +- . . THE ST misdemeanor and, upon conviction x. '�� /////p "1,11 `0\\\\\\\\ thereof,shall be fined in accordance County 0 with Chapter 1,Section 1-12,Euless Code of Ordinances. Each such violation shall be deemed a separate Before m'� offense and shall be punishable as .ounty and State,this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star-1 PRESEN hereunder.AND GIVEN FIRST AND .legram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the a FINAL READING, and approved at nt was published in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)215 a regular meeting of the Euless City Council on the 12th day of June 2012, by a vote of 7 ayes, 0 \''-\NS-31\_\ 33 C -- nays and 0 abstentions. Signed c: APPROVED: /s/Mary Lib Saleh, Mayor , j 2 SUBSCR ATTEST: ME,THIS Tuesday,Ju /[0!I 11_APPROVEDtAS TO FORA;Secretary 1 ///s/Wayne K. Olson,City Attorney Notary Public _ .J . ..1./// O. . /_, - Thank You For Your Payment Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 321682611 Invoice Amount: $33.60 PO Number: Amount Enclosed: $ 33_•_1p 0 1