Ordinance 13-M-52 - Amending Chapter 50 MiscellaneousORDINANCE NO. 13 -M -52
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES, CITY
OF SCHERTZ, TEXAS, CHAPTER 50, MISCELLANEOUS OFFENSES
AND PROVISIONS BY (1) REPEALING ARTICLE II, INSANITARY,
UNSIGHTLY, ETC., CONDITIONS ON PRIVATE PREMISES, (2)
REPEALING SECTIONS 50 -107, 50 -108, 50 -109, AND 50 -110 OF
ARTICLE IIl, ABANDONED, JUNKED PROPERTY AND PROPERTY
FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR
VEHICLES, AND (3) AMENDING SECTIONS 50 -105 AND 50 -111 OF
ARTICLE 111, ABANDONED, JUNKED PROPERTY AND PROPERTY
FOUND IN VIOLATION OF ORDINANCE, DIVISION 2, MOTOR
VEHICLES; PROVIDING A SEVERABILITY CLAUSE; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the provisions in the Code of Ordinances of the City of Schertz (the "City "),
Chapter 50, Miscellaneous Offenses and Provisions, Article II, Insanitary, Unsightly, Etc.,
Conditions on Private Premises (the "Miscellaneous Nuisance Ordinances ") are duplicative of
ordinances contained in the City's Code of Ordinances, Chapter 54, Nuisances (the "Nuisance
Ordinances"); and
WHEREAS, in order to avoid confusion and to facilitate the orderly administration of the
City's code enforcement and police activities, the City desires to repeal the Miscellaneous
Nuisance Ordinances; and
WHEREAS, portions of the provisions in the City's Code of Ordinances, Chapter 50,
Miscellaneous Offenses and Provisions, Article III, Abandoned, Junked Property and Property
Found in Violation of Ordinance, Division 2, Motor Vehicles (the "Miscellaneous Motor
Vehicles Ordinances ") are duplicative of ordinances contained in the Nuisance Ordinances; and
WHEREAS, in order to avoid confusion and to facilitate the orderly administration of the
City's code enforcement and police activities, the City desires to repeal and amend portions of
the Miscellaneous Motor Vehicles Ordinances as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. The Miscellaneous Nuisance Ordinances are hereby repealed.
Section 2. The following sections of the Miscellaneous Motor Vehicles Ordinances are
hereby repealed: Sections 50 -107, 50 -108, 50 -109, 50 -110.
Section 3. The definitions of Antique vehicle, Collector, Junked vehicle, and Special
interest vehicle are hereby deleted from Section 50 -105 of the Miscellaneous Motor Vehicles
Ordinances.
Section 4. Section 50 -111 of the Miscellaneous Motor Vehicles Ordinances is hereby
deleted in its entirety and replaced with the following:
"See. 50 -111. Conflict of law. The authority to take possession of
abandoned vehicles and procedures therefor, as adopted by the
City of Schertz, are to be construed in a manner consistent with
law of the State of Texas. If the provisions or procedures adopted
by the City of Schertz should conflict with the law of the State of
Texas at any time, Texas State law shall prevail."
Section 5. The recitals contained in the preamble hereof are hereby found to be true, 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 Council.
Section 6. All ordinances and codes, 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
resolved herein.
Section 7. This Ordinance shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
Section 8. 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 the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 9. 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 10. This Ordinance shall be effective upon the date of final adoption hereof and
any publication required by law.
50686424.1 - 2 -
PASSED ON FIRST READING, the 17th day of December, 2013.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 7th day of
January, 2014.
CITY C R XAS
4mi I R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(CITY SEAL)
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