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Item 6B - MemoItem 6B CITY OF . SOUTHLAKE MEMORANDUM October 17, 2023 To: Mayor and City Council From: James Brandon, Chief of Police Subject: Repealing Article VII, Curfew For Minors Action Requested: Ordinance No. 928A, 2nd Reading, an ordinance of the City Council of the City of Southlake, Texas, repealing article VII, "Curfew For Minors" of Chapter 15, "Public Safety" of the Southlake City Code. Background Information: The purpose of this request is to repeal article VII, "Curfew For Minors" of Chapter 15 "Public Safety" of the Southlake City Code; providing a severability clause; and providing an effective date in accordance with State law. Strategic Link: C1 - Achieve the highest standards of safety & security. Legal Review: The proposed item was reviewed by the City Attorney's Office. Supporting Documents: Ordinance No. 928A Staff Recommendation: Staff recommends approval of Ordinance No. 928A as proposed. Item 6B ORDINANCE NO. 928A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, REPEALING ARTICLE VII, "CURFEW FOR MINORS" OF CHAPTER 15, "PUBLIC SAFETY" OF THE SOUTHLAKE CITY CODE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ("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, the City Council of the City of Southlake adopted a curfew ordinance for minors in the City which is codified as "Article VII, "Curfew for Minors" of Chapter 15, "Public Safety" of the Southlake City Code; and WHEREAS the City Council has determined that, based on the passage of House Bill 1819, "Juvenile Curfew," which bans the imposition of a curfew of persons younger than 18 years of age, except for purposes of emergency management, signed into law June 9, 2023, there exists a need to repeal "Article VII, "Curfew for Minors" of Chapter 15, "Public Safety" of the Southlake City Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. Article VII, "Curfew for Minors" of Chapter 15, "Public Safety" of the Southlake City Code is hereby repealed in its entirety. SECTION 2. 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. SECTION 3. This Ordinance shall be in full force and effect from and after the date of its passage. PASSED AND APPROVED on this the day of 2023. Item 6B JOHN HUFFMAN, MAYOR CITY OF SOUTHLAKE, TEXAS ATTEST: AMY SHELLEY, CITY SECRETARY CITY OF SOUTHLAKE, TEXAS APPROVED AS TO FORM AND LEGALITY: E. ALLEN TAYLOR, CITY ATTORNEY