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HomeMy WebLinkAboutOrdinance - 9320-1989 - Repealing Certain Sections Of Ordinances That Have Become Obsolete - 12/07/1989I II il ! i DGV:da First Reading December 7, 1989 Item #19 Second Reading December 14 • 19891 Item #8 ORDINANCE NO. __ 93_20 __ AN ORDINANCE REPEALING CERTAIN SECTIONS OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WHICH HAVE BECOME OBSOLETE, SUPERSEDED OR NO LONGER NEEDED, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, certain provisions of the Code of Ordinances of the City of Lubbock have been superseded by other Ordinances or State law or have become obsolete for other reasons; and WHEREAS, such provisions provide unnecessary verbiage and complexity to the City of Lubbock Code of Ordinances; and WHEREAS, the City Council finds that such provisions are unnecessary and should be repealed in the best interest of the citizens of the City of lubbock, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the following enumerated sections of the Code of Ordinances of the City of Lubbock, Texas, BE and are hereby repealed: 1) Sections 8-5, 8-6, 8-7, 8-8, 8-9, 8-10, 8-11, 8-12, 8-13 and 8-14 pertaining to the conduct of elections in the City of Lubbock. Such sections have been superseded by provisions of the new Texas Election Code. 2) Sections 12-151, 12-152, 12-153, 12-154, 12-155, 12-157, 12- 158, 12-159, 12-160, 12-161, 12-162, 12-163, 12-164, 12-165, 12-166 and 12-167 pertaining to air pollution. Such provisions have been superseded by provisions of Texas Clean Air Act. 3) Sections 12-219, 12-220, 12-221, 12-231, 12-232, 12-234, 12- 235, 12-236, 12-237, 12-238 and 12-239 pertaining to rodent- proof construction. Such sections have been superseded by provisions of the City of lubbock Building Code. 4) Sections 14-191, 14-192, 14-193, 14-194, 14-195, 14-196, 14- 197, 14-198, 14-199, 14-211, 14-212, 14-213, 14-214, 14-215, 14-216, 14-217, 14-218, 14-219 and 14-220 pertaining to massage establishments. Such sections have been superseded by provisions of the Texas local Government Code. I 5) 6) 7) 8) Sections 16-24, 16-163, 16-207 following the words "such place and impounded," 16-233(b), 16-235 and 16-241, all of which sections pertain to motor vehicles and traffic. Such sections are superseded, obsolete or otherwise inappropriate. Sections 18-3, 18-36, 18-37 and 18-38 pertaining to miscellaneous offenses. Section 18-3 pertaining to loitering around railroad depots is no longer needed and Sections 18-36, 18-37 and 18-38 have been superseded by provisions of the Texas Alcoholic Beverage Code. Sections 20-52 and 20-53 pertaining to charitable solicitations. Such sections have been rendered ineffective by court decision. Section 22-21 following the words "are committed in their presence," Section 22-28 and Section 22-29 pertaining to police department operations. Such sections have been superseded by provisions of state law. SECTION 2. THAT Section 1-4(a) of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: "Sec. 1-4. General Penalty; continuing violations, nuisances. (a) Whenever in this Code or in any ordinance of the City an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in said Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any such ordinance shall be punished by such fine as is provided by the general laws of the State of Texas for municipal courts; provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this Code or any ordinance is committed shall constitute a separate offense." SECTION 3. THAT Section 2-259 of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: "(a) The park and recreation board shall be an advisory board to the City Council and shall make recommendations to the City Council in all matters pertaining to cemeteries, and in the areas of expansion and - 2 - operational policies as well as all other matters in its opinion necessary, convenient or desirable in order to operate, maintain, enlarge, extend, preserve and promote an orderly, economic, businesslike development of park and recreation facilities and program for the city, except the naming of park and recreational areas which shall remain the responsibility of the City Council after receipt of the recommendation of the board. (b) The park and recreation board shall have, in addition to the above duties, the duty to recommend to the City Council such fees as may be necessary to meet the operational expenses of certain park and recreational facilities, including the fees for municipal golf courses and swimming pools, where it is determined by the City Council that a part or all of the costs of operation of such facilities is to be paid by the user thereof. In addition, the board shall recommend to the City Council contracts for the operation of all concessions located on park land or within recreational facilities. The board shall be further responsible for formulating such rules and regulations as may be necessary for the government of their actions, proceedings, and time and place of meetings; however, such rules and regulations shall not be in contradiction of any laws of the State or of any provision of this Code or other ordinance of the City. (c) The park and recreation board shall have, in addition to the above responsibilities, the duty to hear appeals from orders of the director of parks and recreation with regard to diseased trees under Chapter 19, Article III, of this Code, and to render decisions in such appeals, which decisions shall be further appealable to the City Council." SECTION 4. THAT paragraph (b) of Section 2-357 of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: "(b) Rental of airport property. The airport board is authorized to negotiate agreements for the rental of land, buildings and facilities at any airport owned and/or operated by the city. The airport board may recommend such rentals or leases as it deems appropriate for airport land, buildings and facilities to the City Council for approval." SECTION 5. THAT Section 2-360 of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: - 3 - "Section 2-360. Heliports. The airport board is hereby authorized to designate specificate areas within the corporate limits for the landing and taking off of helicopters or other rotary-winged aircraft capable of near vertical ascents and descents, subject to City Council approval of such designations. Such areas shall be designated as "heliports" and shall be so located as to permit approach, landing, taking off in such a manner as will not unduly jeopardize life and property. In making such designation, the airport board shall prescribe rules for landing and taking off and for arrival and departure channels. Any such designations may be temporary or permanent." SECTION 6. THAT Section 2-481 of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended to read as follows: "Sec. 2-481. Qualifications. No person shall be a member of the board unless he shall have been for at least two (2) years next preceding his appointment a resident elector of the City, and unless he shall believe in the desirability of the competitive operation of electric production and distribution and shall have no substantial interest in any public utility operating within the City of Lubbock, nor be in the employ of any person having a substantial interest in any public utility operating within the City of Lubbock. Substantial interest shall mean substantial interest as defined by the laws of the State of Texas regulating conflicts of interest of officers of municipalities. Any member who fails to attend three (3) consecutive regular board meetings for any reason other than sickness or absence from the City or who shall fail to attend at least fifty (50) percent of the regular meetings in any one year shall become disqualified to service upon the board, and upon certification of such absence from the secretary to the board, the City Council shall thereupon appoint a successor to complete the unexpired term." SECTION 7. THAT Section 12-3(b)(1) and Section 12-3(b)(2) of the Code of Ordinances of the City of Lubbock, Texas, BE and are hereby amended to read as follows: "(1) To sell or transfer possession of any glue or aerosol paint defined in subsection (a) to any person under the age of eighteen (18) years. - 4 - (2) To display at any business establishment at which persons under eighteen (18) years of age are permitted to enter, any glue or aerosol paint defined in subsection (a) in such a manner that these products are accessible to the public without the assistance of the sales personnel of such establishment." SECTION 8. THAT Section 16-145, Section 16-146 and Section 16-245 of the Code of Ordinances of the City of Lubbock, Texas, BE and are hereby amended to read as follows: "Sec. 16-145. Authority to place restricted turn signs. The city manager or his designee is hereby authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U turn, and shall place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs or they may be removed when such turns are permitted." "Sec. 16-146. Limitations on turning around. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street unless such movement can be made in safety and without interfering with other traffic." "Sec. 16-245. Impounding of illegally parked or abandoned vehicles. (a) Any vehicle parked on any public street, or in an alley, or in front of a fire hydrant, or on any part of a crosswalk, or in any loading zone in violation of any provision of this chapter or other ordinance of the city or statute of the state, or abandoned on public or private property, may, upon direction of the chief of police, be removed from such place, impounded and taken to such place as is designated by the police department. (b) An "abandoned" vehicle as used in this section shall be defined as in the state laws on the subject. (c) Nothing herein shall affect ordinances that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic." -5 - SECTION 9. THAT Section 17-2 of the Code of Ordinances of the City of lubbock, Texas, BE and is hereby amended to read as follows: "Sec. 17-2. Operation, procedure. The operation and procedure of the municipal court of record shall be as provided for by the Texas Government Code, Chapter 30, Subchapter A." SECTION 10. THAT Section 19-42 of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended by adding thereto the following sentence: "A person dissatisfied with a decision under this section by the park and recreation board may appeal such decision in writing to the City Council within ten (10) days after such decision is rendered and the City Council shall hear such appeal within thirty (30) days." SECTION 11. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 12. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. - 6 - AND IT IS SO ORDERED. Passed by the City Council on first reading this 7th day of December , 1989. Passed by the City Council on second reading this 14th day of December , 1989. £:C. McMINN, MAYOR APPRmfED AS TO CONTENT: APPROVED AS TO FORM: -7 - THE STATE OF TEXAS COUNTY OF LUBBOCK R-312 Before me EranCI$ He rnandc z a Notary Public in and for Lubbock County, Texas on this day personally appeared T.J. Aufill' Account MAnal!er of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, Evening and Sunday, who being by me duly sworn did depose and say that said newspaper has been_published continuously for more than fifty-two weeks prior to the first insertion of this Lei! a I Nat 1 ce ---------:-----,=--",...---:-:-No.823423 at Lubbock County. Texas and the attached print- ed copy of the Lel!a I Notice is a true copy of the original and was printed in t e Lubbock Avalanche-Journal on the following dates: m 16' 3' 1989 Account Man111!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscribed and sworn to before me this 9 o day of JanuarY . , •~AD;JJ;~~~~ 0RDI1UN¢l:l HQ. ft1D AN ORDINANCE Ri,.EAL· lNG CERTAIN SECTIONS OF THE CODE OF ORDINANCES OF ~"SSSlillt'!~SOS:J"-1 THE CITY OF LUBBOCK TEX " As, WHICH HAVE BECOMe oS.: SOLETE. SUPERSEDED OR NO . 1990 LONGER NEEDED, PROVIDING A SAVINGS CLAUSE· AND PRO. VI DING FOR PUBLICATION. . AN ORDINANCE NO. tm T AN'OROII\IAJ!it'l:'" ALTERING HE TERMS OF CERTAIN BOARDS AND COMMISSIONS OF THE CllY OF LUBBOCK TO COMPLY WITH CONSTITUTION· AL REQUIREMENTS BY AMENDING THE FO.I..LOWING 10 SECTIONSt>F THE CODE OF OR· , ________ F_O __ RM __ 5_8_· ------------------------------·------------·---i DINANtES OF THE CITY OF 1 ----,. LUBilOCK, TEX4$; SECTION r- 2·35<1 (AIRPORT BOARD); SiC· TION 2·ol85 !ELECTRIC UTILI· TIES BOARD), SECTION 13-l(lf (HOUSING STANDARDS COM· MISSION), SECTIONS 2·2~ AND 2·2641PARKS AND RECREATION . _IIOARDJ, SECTION 2-389 (PLAN· NING AND ZONING COMMIS-SION), AND SECTION 29-25(1}(JJ (URBAN DESIGN AND HISTORI· · CAL PRESERVATION COMMIT TEE); PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. ORDINANCE NO, 9322 ' ·AN ORDINANCE AMEND· lNG Cl'tAPTER 8 OF THE CODE . OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS BY AMENDING THE LANGUAGE OF' PORTIONS OF SECTION 8•4 . WITH REGARD TO CERTAIN POLLING PLACESi ALTERING CERTAIN PRECINCT·BOUNDA· RIES AS 'REQUIRED BY STATE LAW; PROVIDING A MAP OF THE VOTING PRECINCTS OF THE_CITY OF LUBBOCK· PRO. VIOING THAT ALL POR,TIONS OF CHAPTER 8 NOT AMENDED SHALL REMAIN THE SAME· PROVHHN"G' A $AVINGS CLAUSE; PROVIDING FOR PUB LICATION; AND PROVIDING 4N EFFECTIVe DATE. ORDINANCE NO. 9323 AN ORDINANCE AMENO lNG ZONING ORDINANCE N0- 1084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK, MAKING THE FOLLOWING . CHANGES: lONE CASE NO. 263!1; A. ZONING CHANGE ·FROM T TO M·l ZONING ON A TRACT OUT OF SECTION 25. BLOCK 4 LUB BOCK, TEXAS; SUBJECT TO CONDITIONS; PROVIDING A PENALTY; PROVIDING A SAV- INGS CLAUSe AlltD PROVIDING =~\\PUBLICATION.