Item 8A Memo and OrdinanceCity of Southlake, Texas
MEMORANDUM
March 1, 2002
TO: Billy Campbell, City Manager
FROM: Rick Black, Director of Public Safety (Ext. 2421)
SUBJECT: Ordinance No. 824, 1st Reading, providing Authorization for
Municipal Court of Record civil jurisdiction in enforcement of health
and safety and nuisance abatement matters.
Action Requested: City Council consideration of Ordinance 824 on first reading.
Background
Information: This ordinance is a result of a legislative amendment to Section
30.00005 of the Texas Government Code. The City of Southlake,
like many home rule cities, operated under ordinances regulating
health, safety, sanitation, and nuisance issues and that provided
procedures in which abatement action is undertaken, including the
issuance of enforcement orders. Such enforcement orders permit
code enforcement officers to legally access certain properties to
inspect nuisances such as abandoned and dilapidated structures and
junk vehicles to determine the condition, and in some cases
information to lead to the identity of the owner. While we have
undertaken this action through the municipal court in the past, there
had been no specific legislative authority to clarify that municipal
courts or record were vested with such authority. Adoption of
this ordinance amends our Code of Ordinance to clearly grant such
jurisdiction and brings our codes in alignment with legislation.
Financial
Considerations: Not Applicable
Citizen Input/
Board Review: No citizen input has been received. Not subject to any Board
review.
1
Billy Campbell, City Manager
March 1, 2002
Page 2
Legal Review: This ordinance was reviewed by City Attorney Robert M. Allibon,
who has approved the ordinance under consideration by City
Council.
Alternatives: Not Applicable
Supporting
Documents: Ordinance No. 824
Staff
Recommendation: Place Ordinance No. 824, providing authorization for Municipal
Court of Record civil jurisdiction in enforcement of health and
safety and nuisance abatement matters on the March 5, 2002 City
Council meeting agenda for first reading.
RB/mwj
VA
ORDINANCE NO. 824
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE II OF THE CODE OF
ORDINANCES OF THE CITY OF SOUTHLAKE, RELATING TO THE JURISDICTION
AND AUTHORITY OF THE MUNICIPAL COURT OF RECORD; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, 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 2001 Texas Legislature adopted changes to Section 30.00005 of the Texas
Government Code relating to the jurisdiction and authority of municipal courts of record, making it
appropriate to amend Section 8-32 of the Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS: SECTION
SECTION 1.
That Section 8-32 of the Code of Ordinances of the City of Southlake, Texas is hereby amended
to read as follows:
"Sec. 8-32 Municipal court jurisdiction and authority.
The municipal court of record in the City of Southlake has the jurisdiction and authority provided
by Section 30.00005 of the Government Code:
civil jurisdiction for the purpose of enforcing municipal ordinances enacted under
Subchapter A, Chapter 214, Local Government Code, or Subchapter E, Chapter 683,
Transportation Code;
2. concurrent jurisdiction with a district court or a county court at law under Subchapter B,
Chapter 54, Local Government Code, within the municipality's territorial limits and
property owned by the municipality located in the municipality's extraterritorial
jurisdiction for the purpose of enforcing health and safety and nuisance abatement
ordinances; and
authority to issue:
A. search warrants for the purpose of investigating a health and safety or nuisance
abatement ordinance violation; and
B. seizure warrants for the purpose of securing, removing, or demolishing the
offending property and removing the debris from the premises.
SECTION 2.
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 3.
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 4.
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
2002.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
2002.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ROBERT ALLIBON
rallibon@toase.com
January 17, 2002
Via E-Mail and Facsimile Transmission
Malcolm Jackson
Chief of Building Services
667 North Carroll Avenue
Southlake, Texas 76092
Re: Ordinance Amending Municipal Court Authority Pursuant to HB 2270
Dear Malcolm:
This letter is in response to our telephone conversation of January 15, 2002,
where you advised that the City requests an ordinance amending the municipal court's
jurisdiction to provide the authority granted in House Bill 2270 in the recent legislative
session.
Attached you will find a proposed ordinance amending Section 8-32 of the City
Code granting the municipal court the authority as set forth by HB 2270 in Section
30.00005 of the Texas Government Code. Should you have any questions or concerns
about any of the above, please give me a call.
Very truly yours,
Robert M. Allibon
RMA: mar
Enclosure
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