2004M16-WEAPONSOrdinance No. 04-/Y~ -/~
AN ORDINANCE REPEALING ORDINANCE NO. 96-M-3 AND OTHER
MATTERS IN CONNECTION THEREWITH; PROVIDING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY
WHEREAS, the City of Schertz, Texas (the "City"), is a duly incorporated home-rule city
operating pursuant to the laws of the State of Texas and its duly adopted home-role charter;
WHEREAS, the City is duly empowered by Section 51.001 of the Texas Local Government
Code, as amended (the "Act"), to repeal an ordinance that (i) is for the good government, peace, or order
of the City or for the trade and commerce of the City; and (ii) is necessary or proper for carrying out a
power granted by law to the City or to an office or department of the City;
WHEREAS, the City Council desires to repeal Ordinance 96-M-3, duly passed and approved on
March 5, 1996 (the "Ordinance");
WHEREAS, pursUant to the Act, the City Council hereby fmds and determines that repealing the
Ordinance (i) is for the good government, peace, or order of the City or for the trade and commerce of the
City; and (ii) is necessary or proper for carrying out a power granted by law to the City or to an office or
department of the City; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT:
Section 1.
The Ordinance is repealed.
Section 2. The recitals contained in the preamble hereof are hereby found to be tree, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the City Council.
Section 3. All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and
the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the laws of
the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such
provision to other persons and circumstances shall nevertheless be valid, and this City Council hereby
declares that this Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the
public business to be considered at such meeting, including this Ordinance, was given, all as required by
Chapter 551, as amended, Texas Government Code.
Section 7. The fact that an ordinance of the City should be promptly repealed creates an
emergency requiring immediate action and requires that this Ordinance shall become effective from and
after the date of its passage in a single reading following the affirmative vote of not less than two-thirds of
the councilmembers present at the meeting at which this Ordinance is first introduced, all as provided by
the Charter of the City of Schertz.
Repealing Ordn.doc
PASSED, APPROVED, AND ADOPTED THIS THE of May, 2004.
Mayor
ATTEST:
City Secretary
Repealing Ordn.doc -2-
THE ;STATE OF TEXAS,
PUBLISHER'S AffIDAVIT
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared
_'~'ommv' C.-'o,~ _, known to me, who, being by me duly sworn, on
his eath de~eses and says that he is the Publisher ef The Seguin Gaze~a-Enteq:dse, a
newspaper published in said count,./; that a copy of the within and foregoing notica was
· !
published in said newspaper ____. time(s) before the retum day named there[n, such
publications being on the following dates:
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me this//'~-¢~''
CAROL ANN AVERY
Notary Public State e~ Tex~s
My Commi~ ~ir~ 08-31-2004
day of
ii __, A.D., 2004.
·.. Notary Public, Guadalupe County, Texas