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Item 6GCITY OF SOUTH LAKE MEMORANDUM August 31, 2011 To: Shana Yelverton, City Manager From: Ken Baker, AICP, Director of PDS Subject: Consider 2nd Reading Ordinance No. 1013 Action Requested: Approve Ordinance 1013 which amends Chapter 2, Article X, Section 2 -421 of the City of Southlake Code by allowing the Director of Planning and Development Services (PDS) and his or her designees with the authority to issue citations for violations of the City Code. Background Information: Currently the Director of Public Works and Public Safety and their designees have the authority to issue citations related to the City Code violations. This ordinance amendment would provide the same authority to the Director of PDS. Financial Considerations: None. Strategic Link: C1 — Achieve the highest standards of safety and security. L5 — Empower informed decision makers at all levels of the organization_ Citizen Input/ Board Review: N/A Legal Review: The ordinance has been reviewed by the City Attorney's office. Alternatives: The City Council may approve or deny the ordinance. Supporting Documents: Ordinance No. 1013 Staff Recommendation: Approve Ordinance No. 1013 Staff Contact: Ken Baker 1 City Council Action: August 16, 2011; Approved 1 st reading on (7 -0) on consent. ORDINANCE NO. 1013 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE X, SECTION 2- 421 OF THE CITY OF SOUTHLAKE CITY CODE BY EXPRESSLY PROVIDING THE DIRECTOR OF THE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT AND HIS OR HER DESIGNEES WITH THE AUTHORITY TO ISSUE CITATIONS FOR VIOLATIONS OF THE CITY CODE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY 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 Code designates the employees having the power to issue citations for violations of city ordinances; and WHEREAS, the City Council wishes to designate the Director of the Planning Department and his or her designees as persons capable of issuing citations for violations of the City Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. Section 2 -421 of Chapter 2, Article X is hereby amended to read as follows: Sec. 2 -421. Power. 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: (1) Director of Public Safety or his or her designee; �d (2) Director of Public Works or his or her designee; and tD Director of the Planning and Development Services Department or his or her designee. 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 even 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. 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 5. 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 (10) days after final passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 6. 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 , 2011. THE HONORABLE JOHN TERRELL, MAYOR ATTEST: CITY SECRETARY