HomeMy WebLinkAboutORD 2008-66 - Enforcement Culpable Mental StateORDINANCE O
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AMENDING SECTION 13.36,130
"ENFO TO
CHAPTER / OF THE CITY
O
GEORGETOWN CODE OF ORDINANCES RELATING TO
PUBLIC
AND SERVICES; REPEALING CONFLICTING
ORDINANCES, PROA SEVERABILITY CLAUSE,
PROVIDING
D .. a DATE.
WHEREAS, Section 13.36.130 of the Georgetown Code of Ordinances does not require
a culpable mental state required to establish responsibility for violations of the Chapter,
and
WHEREAS, Texas Penal Code Section 6.02 prohibits a municipality from dispensing
with the culpable mental state where the penalty for violation exceeds five hundred
dollars, and
WHEREAS, the penalty for violating Chapter 13 of the Georgetown Code of Ordinances
exceeds five hundred dollars, and
WHEREAS,
the Council finds that
amending Section 13.36.130 to
provide for a culpable
mental
state
of
criminal negligence
is in the
best interest of
the
City
of
Georgetown.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF OF
TEXAS,
THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim.
SECTION 2. Section 13.36.130 of the City Code of Ordinances relating to
"Culpable Mental State" is hereby amended as follows.
A. -H. No changes.
Culpable Mental State. A culpable mental state of criminal
negligence as defined in V.T.C.S. Tex. Penal Code Section 6.03 is
required to prove a criminal offense under this Chapter.
J. -R. No changes.
Ordinance No.
Amendment to 13.36.130. Enforcement—Providing a Culpable Mental State
Page 1 of 2
SECTION 3. That all ordinances that are in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City
not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance are hereby declared to be
severable.
SECTION 8. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This ordinance shall become effective in accordance with the
provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First
2008.
Reading on the �$ day of
PASSED AND APPROVED on Second Reading on the
y
2008.
ATTEST:
Sandra D. Lee, City Secretary
AS TO FORM:
9
Patricia E. Carls,
City Attorney
i • aM' m
I
Amendment E
Page of
By:
t
day of
THE CITY OF GEORGETOWN
Garver, Mayor
Enforcement—Providing a Culpable Mental State
ORDINANCE i, 920 9
An Ordinance of r Of -•
Amending Ordinance No. 200&34Pertaining
Approximately 45.401 Acres of Land in the J. Thompson Survey, Abstract No.
608, Said Land Known Locally as the Weir Ranch, to Correct the Council
District in Which Said Newly Annexed Land is Located, Providing
SeverabilityAnd Establishing An
WHEREAS, on June 10, 2008, the City Council of the City of Georgetown adopted Ordinance
No. 2008-34, which annexed the lands described therein into the City Limits; and
WHEREAS, Section 3 of Ordinance No. 2008-34 provided as follows:
Section 3: The 45.401 acres, more or less, in the J. Thompson Survey, Abstract
No. 608, as described in Exhibit A of this Ordinance, is included in Council
District 1, as it is adjacent to Council District 2 an no other District.
WHEREAS, as is shown on the attached Exhibit A to this ordinance, the land that was annexed
by Ordinance No. 2008-34 is actually adjacent to Council District 3 and to no other Council
District and thus should have been assigned to Council District 3; and
WHEREAS, because of the several typographical errors in Section 3 of Ordinance No. 2008-34
which resulted in the assignment of the land annexed by Ordinance No. 2008-34 to the wrong
Council District, Ordinance No. 2008-34 needs to be amended and corrected.
Now, therefore, be it ordained by the City Council of the City of Georgetown, Texas th4l
Section 1. The facts and recitations contained in the preamble of this Ordinance are hereby
declared to be true and correct, and are incorporated be reference herein and made a part
hereof, as if copied verbatim. The City Council hereby finds that this is not inconsistent with or
in conflict with the 2030 Comprehensive Plan,
Section 2. Section 3 of Ordinance No 2008-34 is hereby amended to provide as follows:
Section 3: The 45.401 acres, more or less, in the J. Thompson Survey, Abstract
No. 608, as described in Exhibit A of Ordinance No. 2008-34, is included in
Council District 3, as it is adjacent to Council District 3 and to no other District.
Section 3. All ordinances and resolutions, or parts of ordinances and resolutions that are in
conflict with this Ordinance are hereby repealed, and no longer in effect. The portions of
Ordinance No. 2008-34 not amended hereby remain in full force and effect and are unchanged
by this Ordinance.
Ordinance No.
- RID09� 495
Amending Ordinance No. 2008-34 Correcting Council District for Annexed Lands -Weir Ranch
Page 1 of 2
Section 4. If any provisions of this Ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
applications thereof, of this Ordinance which can be given effect without the invalid provision
or application and to this end the provisions of this Ordinance are hereby declared to be
severable.
Section 5. The Mayor of Georgetown is hereby authorized to sign this Ordinance and the
City Secretary to attest. This Ordinance shall become effective and be in full force and effecting
accordance with the terms of the City Charter,
PASSED AND APPROVED on First Reading on the 28t'l day of October 2008.
PASSED AND APPROVED on Second Reading on the 11thday of November 2008.
ATTEST:
Sandra D. Lee
City Secretary
APPROVED AS TO FORM:
Patricia E. Carls
City Attorney
'OF GEORGETOWN:
g.
George G. Garver
Mayor
Ordinance No.
Amending Ordinance No. 2008-34 Correcting Council District for Annexed Lands -Weir Ranch
Page 2 of 2
0
Annexation Ordinance 2008-34:
Weir Ranch
SST, i84
GEORGETOWN
TEXAS
11
Legend
COUNCIL
�a: City Council Districts
DISTRICT City Limits 0 District 1 District 5 Cartographic Data 0 2,000 4,000
THREE River/Stream District 2 District s For Feet
General Planning 1 inch = 4,000 feet
Local Street District 3 District 7 Purposes Only
October 14, 2008 Major Street District 4 re�as state Plane/Central Coordinata System:
erCeMe�ral System:
83NS Feet