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