15-M-41 - Adopting Criminal Penalties for Violation of the City CharerORDINANCE NO. 15 -M -41
AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, ADOPTING CRIMINAL
PENALTIES FOR VIOLATION OF THE CITY CHARTER.
WHEREAS, on November San, 2015 the City of Schertz held an election on the adoption of
amendments to the City's Home Rule Charter; and
WHEREAS, Proposition No. 4 included a measure to amend the City Charter to include a
criminal provision for violation of any provision of the Charter; and
WHEREAS, on November 16th, 2015 the City Council canvassed the votes of said election;
and
WHEREAS, pursuant to notice of a public meeting held in compliance with the Texas Open
Meetings Act, the City Council of the City of Schertz, Texas, convened into a regular meeting
of the City Council on this the 17th day of November, 2015 for the purpose of entering an order
into the records of the City and declaring that Proposition 4 was adopted; and
WHEREAS, pursuant to the Charter amendment City Council is required to enact an
ordinance to enforce the criminal provisions adopted.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS, THAT:
Section 1. Findings. The foregoing recitals are hereby found to be true and correct and are
hereby adopted by the City Council and made a part hereof for all purposes as findings of fact.
Section 2. Criminal Penalty Adopted. That any person who by himself or with others
violates any provision of the City Charter shall, in addition to any other penalty, be guilty of a
misdemeanor and upon conviction thereof shall be punishable by a fine of not more $500.00.
Section 3. 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 4. 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with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the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 5. That all rights and privileges of the City are expressly saved as to any and all
violations of the provision of any ordinances repealed by this ordinance which have accrued at
the time of the effective date of this Ordinances; and, as to such accrued violation and all
pending litigation, both civil and criminal, whether pending in court or not, under such
Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final
disposition by the courts.
Section 6. 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 7. 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 8. This Ordinance shall be effective upon the date of fmal adoption hereof
and any publication required by law.
PASSED ON FIRST READING, the day of ��" "��1� �.i;TL , 2015.
PA SED, APP OVED and ADOPTED ON SECOND READING, thekfay of
oL �v-- V� , 2015.
CIOOF RTZ , TEXAS
ayor, Michael R. Carpenter
ATTEST:
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City Secretary, Brenda
Dennis (CITY SEAL)
APPROVED AS TO FORM
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City Attorney's Office