Leon Valley
TX

Ordinance
Ordinance 17-037

Discuss and Consider Possible Action on an Ordinance Adopting and Enacting a New Code of Ordinances; and Providing for the Repeal of Certain Ordinances; Providing for the Repeal of Certain Ordinances Not Included therein; and Providing a Penalty for the Violation Thereof Not Exceeding $500 Generally or Exceeding $2,000 for Violations Relating to Fire Safety, Zoning or Public Health and Sanitation; Providing for the Amendment of Such Code; and Providing for When Such Code and This Ordinance Shall Become Effective

Information

Department:AdministrationSponsors:
Category:Presentation

Item Discussion

PURPOSE

 

The purpose of this item is to ask City Council to consider the approval of an ordinance that would adopt a new City of Leon Valley Code of Ordinances.

 

Codification is the process of consolidating your legislation of a general and permanent nature and organizing it into a logical and sequential code of ordinances. However; the Code is a living document that evolves with the City. Keeping it clear, current and enforceable is essential. The Leon Valley Code of Ordinance was not maintained after 2012 and contained information that needed to be updated to reflect legislative changes made by the State, Federal and local governments.

 

Some of the content was obsolete or was written in a way that was not applicable to current status. We must consistently keep the Code up to date as the status of the City changes, new legislation is adopted or current laws are amended or repealed. It was decided that the City needed an entirely fresh start through re-codification. An extensive 2 year review by experienced codification attorneys first organized, inserted all pertinent non-codified ordinances adopted by City Council since 2012 and then reviewed the Code in its entirety to ensure that it is grammatically correct, free of conflicts and internal inconsistencies and that it conformed to State Law. Then another review was conducted with those same attorneys, City Attorney Frederick and City Secretary Passailaigue. The goal is to give you a Code you can count on that’s reliable and enforceable for you, your staff, and your citizens.

 

If this ordinance is adopted, the next steps would be to submit the adopted ordinance to the publication company, and then within thirty (30) days, the City will receive bound copies of the City of Leon Valley Code of Ordinances which will be distributed to the Mayor, each member of City Council, and each department director for their use during their term of office or employment. These books will be recalled every six (6) months by the City Secretary for updating to reflect any amended or repealed ordinances. Also within thirty (30) days of the adoption of this ordinance, the online City of Leon Valley Code of Ordinances would also reflect the current Leon Valley Code of Ordinances.

 

SEE LEON VALLEY

 

Social Equity - A code that is well arranged, well edited, easy to read and up-to-date is a cost effective management tool for the City. It eliminates many tasks that are a strain on staff members and enables your residents, businesses and stakeholders to have free, open and ready access to the law.

Economic Development - By providing businesses with an online City of Leon Valley Code of Ordinances that is up-to-date and easily searched, the City will attract, expand and retain viable businesses. Our businesses will have the tools to know what ordinances, permits, inspections and fees apply to them as members of the Leon Valley community.

Environmental Stewardship - By providing the City of Leon Valley Code of Ordinances online we reduce the time and cost of a) making copies of requested information as people are able to look it up from virtually any place on any device; and b) saves fuel in driving to City Hall to ask staff or fill out a request from.

FISCAL IMPACT

Annual hosting and maintenance of the online code $375; and supplements twice a year at a cost of $20.00 per page.

 

 

Document Comments

RECOMMENDATION

 

Staff recommends the approval of the ordinance adopting and enacting a New City of Leon Valley Code of Ordinances as captioned.

 

Body

AN ORDINANCE OF THE CITY OF LEON VALLEY, TEXAS, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF NOT EXCEEDING $500 GENERALLY OR EXCEEDING $2,000 FOR VIOLATIONS RELATING TO FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION; PROVIDING FOR THE AMENDMENT OF SUCH CODE, AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

 

WHEREAS, the City of Leon Valley found it necessary to re-codify its current code of ordinances to reflect changes in the status of the City, changes in federal, state and local laws and the omission of obsolete legislation; and

 

WHEREAS, it is in the best interest of the citizens of the City of Leon Valley to adopt and enact a new code of ordinances to reflect these changes; and

 

WHEREAS, it is now the desire of the City Council to adopt and enact a new code of ordinances and all of the provisions thereto; NOW THEREFORE,

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS:

 

Section 1.               That the Code of Ordinances of the City of Leon Valley, Texas (“Code”), consisting of Chapters 1 through 15, each inclusive, and Appendices, is hereby adopted and enacted which shall supersede all other general and permanent ordinances of the City passed on or before June 20, 2017.

 

Section 2.               All ordinances of a general and permanent nature enacted on or before June 20, 2017, and not included in the Code or recognized and continued in force by reference therein, are repealed.

 

Section 3.               The codification consists of all ordinances as codified therein and as may be revised pursuant to the ordinance codification process and as evidenced by the memorandum of understanding dated July 18, 2017, provided as a part of said process.

 

Section 4.              The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

 

Section 5.              Unless a differing penalty is expressly provided for within the Code, every person convicted of a general violation of any provision of the Code or any rule, ordinance, or police regulation of the City shall be punished by a fine not to exceed $2,000.00 for violations of all such rules, ordinances and police regulations that govern fire safety, zoning, or public health and sanitation, including dumping of refuse, and not exceeding $500.00 for all other violations. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by the section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

 

Section 6.              Additions or amendments to the Code when passed in such form as to indicate the intention of the City Council to make same a part of the Code shall be deemed to be incorporated into the Code, so that reference to the Code includes the additions and amendments.

 

Section 7.              Ordinances adopted after June 20, 2017 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

 

Section 8.               This ordinance and the Code adopted hereby shall become effective upon final passage of this ordinance.

 

ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, TEXAS, ON THIS THE 18TH DAY OF JULY, 2017.

 

Meeting History

Jul 18, 2017 6:00 PM  City Council Regular Meeting

City Secretary Saundra Passailaigue presented this item to ask City Council to consider the approval of an ordinance that would adopt a new City of Leon Valley Code of Ordinances.

City Secretary Passailaigue said that codification is the process of consolidating your legislation of a general and permanent nature and organizing it into a logical and sequential code of ordinances. However; the Code is a living document that evolves with the City. Keeping it clear, current and enforceable is essential. The Leon Valley Code of Ordinance was not maintained after 2012 and contained information that needed to be updated to reflect legislative changes made by the State, Federal and local governments. Some of the content was obsolete or was written in a way that was not applicable to current status. We must consistently keep the Code up to date as the status of the City changes, new legislation is adopted or current laws are amended or repealed. It was decided that the City needed an entirely fresh start through re-codification. An extensive two (2) year review by experienced codification attorneys first organized, inserted all pertinent non-codified ordinances adopted by City Council since 2012 and then reviewed the Code in its entirety to ensure that it is grammatically correct, free of conflicts and internal inconsistencies and that it conformed to State Law. Then another review was conducted with those same attorneys, City Attorney Frederick and City Secretary Passailaigue. The goal is to give you a Code you can count on that’s reliable and enforceable for you, your staff, and your citizens.

City Secretary Passailaigue said the next steps would be to submit the adopted ordinance to the publication company, and then within thirty (30) days, the City will receive bound copies of the City of Leon Valley Code of Ordinances which will be distributed to the Mayor, each member of City Council, and each department director for their use during their term of office or employment. These books will be recalled every six (6) months by the City Secretary for updating to reflect any amended or repealed ordinances. Also within thirty (30) days of the adoption of this ordinance, the online City of Leon Valley Code of Ordinances would also reflect the current Leon Valley Code of Ordinances. The fiscal impact is annual hosting and maintenance of the online code $375; and supplements twice a year at a cost of $20.00 per page.

A motion was made by Council Member David Jordan and seconded by Council Member Monica Alcocer to adopt the ordinance as captioned.

RESULT:ADOPTED [UNANIMOUS]
MOVER:David Jordan, Council Place 5
SECONDER:Monica Alcocer, Council Place 3
AYES:Benny Martinez, David Edwards, Belinda Ealy, Monica Alcocer, David Jordan

Discussion