Loading...
0660CiTY MA? AN ORDINANCE DESIGNATING THOSE CITY EMPLOYEES WITH AUTHORITY TO ISSUE CITATIONS FOR VIOLATIONS OF CITY ORDINANCES; REQUIRING PERSONS WHO SIGN A PROMISE TO APPEAR BEFORE THE MUNICIPAL COURT TO APPEAR IN COURT; ESTABLISHING AN OFFENSE FOR FAILURE TO APPEAR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 City Council wishes to designate those City employees who are authorized to issue individuals citations to appear in municipal court for alleged violations of city ordinances and to make it an offense for an individual who has received a citation and executed a written promise to appear to fail to appear before the court; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Authority to issue citations Each of the following employees shall have the power to issue one or more citations for violation of city ordinances that the employee is charged with the responsibility of enforcing: Director of Public Safety or his/her designee; and Director of Public Works or his/her designee [:\files\southlake\ordinance\citation (07/23/96) Page I SECTION 2. Violation of promise to appear (a) A person lawfully released from custody, whether by posting bond or by signing a written promise to appear, on condition that he subsequently appear in the municipal court, shall appear in accordance with the terms of his release. (b) For purposes of this section, "custody" means an arrest or a detention for purposes of issuing a written citation by a police officer or by a person authorized to issue citations under section 1 of this ordinance. SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 4. 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 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 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 unconstitutional phrase, clause, sentence, paragraph or section. f:\files\southlake\ordinance\citation (07/23/96) Page 2 SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting municipal court or failure to appear which 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. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. f:\files\southlake\ordinance\citation (07/23/96) Page 3 SECTION 8. This ordinance shall be in full force and effect from and after its passage and publicution as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 2 DAY OF , 1996. MAYOR PASSED AND APPROVED ON SECOND READING ON THIS _ ?, 1996. EFFECTIVE: (~{A~ 1~'. ]~/}b (only ff ord has a publication clause) APPROVED A TO ORM AND LEGALITY: DAY OF ~ity ~tt-orney (j] f:\files\sout blake\ordinance\citation (04/04/96) Page 4 Star-Telegram FEU. NO. 22_3148254 AD ORDER NO. 2060654 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 4iiiSTATE OF TEXAS my of Tarrant efore me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE • 7/06ME 2060654 NOTICE OF PUBLIC I358 lx 54L 54 .66 35. 64 07/06-07/06 NOTICE VI- PUBLIC HEARING NOTICE IS HEREBY GIVEN •to all interested persons that the City Council of the City of Southlake, Texas, will be holding a public hearing dur- ing the Regular City Council Meeting to be held on July 16,1996 at 7:00 p.m.in the _ .. _... ...... _.. _... City Council Chambers of the City Hall,667 North Car- ' roll Avenue, Southlake, Tex- as. ....._._...__._..._._ _..___—.._.__..._. _._ __.._..___ _. .... .. Purpose of the hearing is to consider the second reading of the following ordinance: ORDINANCE NO.660 AN ORDINANCE DESIGNAT- ING THOSE CITY EMPLOY- EES WITH AUTHORITY TO IS- SUE CITATIONS FOR VIOLA- TIONS OF oo CITY c PEORRSONS EWHORESIGNINA C PROMISE TO APPEAR BE- SlG FORE THE MUNICIPAL BSCRIBEG COURT TO APPEAR IN 1996 COURT ESTABLISHING AN 9 t h J U L Y OFFENSE FOR FAILURE TO 3EFO T DAY OF , , APPEAR; PROVIDING THAT .��, THIS ORDINANCE SHALL BE µv n h �����J`1 t t/L.C/"._ /."., ,_,Ie�+ ,' RHONDA R. �P6 1 CUMULATIVE OF ALL ORDI- 0 h, p� NANCES;PROVIDING A SEV- �-. �^� Public ERABILITY CLAUSE PROVID- #i•i 7 S CoMMISS!ON ING FOR PUBLICATION AND r,,,'. PROVIDING AN EFFECTIVE +re'''• ~� SEPTEMBER 8, 1999 DATE. + 'p,: .... ..:�+s ! SECTION 6. � '`�:,oF�.- TARRANT COUNTY,TEXAS Any person, firm or corpora- 1 tion who violates, disobeys, omits, neglects or refuses to comply with or who re- sists the enforcement of any PLEASE PA of the pshasionns sofin iSOrnot di- VOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! more than Five Hundred Dol- lars (5500.00) for each of- __ I fense.Each day that a viola- THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----.Ation is permitted to exist shall constitute a separate offense. City of Southlake Sandra L.LeGrand I City Secretary Star-'I'eiegrani REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 2060654 ACCOUNT CIT57 AMOUNT 35.64 NUMBER DUE PAGE 1 OFJI IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE S 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 35 . 64 THIS AMOUNT , PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegrani FED. ID. NO. 22-3148254 AD ORDER NO 2130592 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. (IT 57 SiSTATE OF TEXAS lty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates: DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 7/19ME 2130592 ORDINANCE NO . 66 I358 1x 46L 46 . 66 30. 36 07/19-07/19 ORDINANCE NO.660 AN ORDINANCE DESIGNAT. ING THOSE CITY EMPLOY. EES WITH AUTHORITY TO IS. SUE CITATIONS FOR VIOLA TIONS OF CITY ORDINANCE REQUIRING PERSOSENS WHO STO AP- PEAR BE BPREFORE HE MUNICI- PAL COURT TO APPEAR IN COURT, ESTABLISHING AN OFFENSE FOR FAILURE TO APPEAR; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI. NANCES'PROVIDING A SEV- ERABILITY CLAUSE;PROVID- ING A PENALTY CLAUSE; PROVIDING FOR PUBLICA- 1 TION AND PROVIDING AN EF- FECTIVE DATE. S h SECTION or Any person, firm corpora- tion c who violates,omits, J ne- glects or refuses to comply with or who resists the en- vf�io s ent ofofthis oofrdinan a 2 2 ri d D U L Y 19 9 6 SUBSCRIBED AND SWC shall be fined not more than 4E, THIS THE DAY OF , Five Hundred Dollars (S500.00)for each offense."""''''®'..'" �'��' Each day that a violation is43permitted to exist shall con-FDA R. COKE Notary Public ` t`�-�-- e-- PASSEDa sANDateA PROVED THIS THE 16TH DAY OF JU- SSION EXPIRES ULAR9CIITYDCOUNCIL MEET- .MBER 8, 1999 TARRANT COUNTY,TEXAS ' ING. /s/Rick Stacy,Mayor ATTEST: /st/ySandra L.yLeGrand, APPROVED A. TO FORM: PLEASE PAY THIS OR CityA neK.Olson, JD RECONCILE WITH MONTHLY STATEMENT. THANK YOU! City A orney A.-----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-------A ___al\ Star-"I'e1egrari. REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102\ 2130592 ACCOUNT CIT57 AMOUNT 30. 36 NUMBER DUE PAGE 1 OF1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 S CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092-9595 PLEASE PAY 1 30. 36 THIS AMOUNT ► PLEASE WRITE IN AMOUNT ENCLOSED