HomeMy WebLinkAboutRES 082520-E - Code Enf Allowing WarrantsRESOLUTION NO. 2J -C-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS DESIGNATING CODE ENFORCEMENT
OFFICIALS FOR THE PURPOSE OF BEING ISSUED A SEARCH
WARRANT FOR CODE INSPECTIONS; PROVIDING A CONFLICT
CLAUSE AND SEVERABILITY CLAUSE; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Article 18.05, Subsection (a) of the Texas Code of Criminal Procedure
authorizes a magistrate to issue a search warrant to a code enforcement official of the City for the
purpose of inspecting a specified premises to determine the presence of a violation of any fire,
health, or building regulation, statute, or ordinance; and
WHEREAS, Article 18.05, Subsection (d) declares that a city may designate one or more
code enforcement officials for the purpose of being issued a search warrant as authorized by
Subsection (a); and
WHEREAS, the City Council finds it necessary and desirable to designate the Chief Code
Enforcement Officer and each of the City's Code Enforcement Officers as the code enforcement
officials who may be issued a search warrant under Article 18.05, as set out herein.
NOW THEREFORE BE IT RESOLVED:
SECTION ONE. The facts and recitations contained in the preamble of this resolution 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 TWO. The Chief Code Enforcement Officer and each of the City's Code
Enforcement Officers are hereby designated as code enforcement officials who may be issued a
search warrant under Article 18.05 of the Texas Code of Criminal Procedure.
SECTION THREE. If any provision of this Resolution 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 Resolution which can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are hereby declared to be severable.
SECTION FOUR. This Resolution shall be effective upon adoption by the City Council.
SECTION FIVE. The Mayor is hereby authorized to sign this Resolution and the City
Secretary to attest.
Resolution Number: (AA5 zo ^ e Page 1 of 2
Description: Designating Code Enforcement Officials for Warrant Purposes
Date Approved: 2020
PASSED AND APPROVED on the 2cnay of , 2020.
ATTEST:
1
Robyn Den more, City Secretary
APPROVED AS TO FORM:
Skye -%zisson, City Attorney
CITY OF GEORGETOWN, TEXAS
4-14,z (",
Dale Ross, Mayor
Resolution Number: 57a- Page 2 of 2
Description: Designating Code Enforcement Officials for Warrant Purposes
Date Approved: �7 2020