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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 That all ordinances that are in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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