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HomeMy WebLinkAboutOrdinance No. 2000-51 ORDINANCE NO. 2000-51 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY AMENDING SECTIONS 26-126, 26-127, and 26-133 OF ARTICLE V. OF CHAPTF,R 26,JUNKE�VEHICLES, TO UPDATE THIS ARTICLE IN ACCORDANCE WITH LIIANGES EFFECTED BY THE TEXAS LEGISLATURE; PRQVIDING FOR SEVERABILITY. � � � � * BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Section 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby amended by amending the definition of"junk vehicle" contained in Section 26- 126 of Article V. of Chapter 26 by adding or junked between the words junk and vehicle; by deleting [Vernon's Ann.Civ.St. art. 6701d-11, §1] and replacing it with Chapter 683, Subchapter E, Texas Transportation Code, and further by revising it as follows: (1) [Inoperative] Self-propelled and inoperable and which does not have lawfully affixed thereto [both] an unexpired license plate [and] or a valid motor vehicle safety inspection certificate and which is wrecked, dismantled, partially dismantled, or discarded; or (2) Has remained inoperable for a continuous period of more than [45 days.] _ a. Seventy two consecutive hours if the vehicle is on public property; or b. Thirty consecutive days, if the vehicle is on private property. Section 2. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by amending subparagraph (b) of Section 26-126 of Article V. of Chapter 26 by deleting [Vernon's Ann. Civ. St. art. 4477-9a, §5.01] and replacing it with Chapter 683, Texas Transportation Code. Junked Vehicles 12/08/00 Page 1 Section 3. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by amending the first sentence of Section 26-127 of Article V. of Chapter 26 by inserting the words , including a part of a junked vehicle, immediately following the phrase"A junked vehicle". Section 4. The Code of Ordinances of the City of Friendswood, Texas is hereby amended by amending Section 26-133 of Article V. of Chapter 26 by adding the following language: The relocation of a junked vehicle that is a public nuisance to another location in the same municipality or county after a proceeding for the abatement and removal of the public nuisance has commenced shall have no effect on the proceeding if the administrator determines that the junked vehicle constitutes a public nuisance at the new location. Section 5. Severability. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there by one or more parts. Section 6. Except as otherwise herein expressly amended, all other provisions of Chapter 26 of the Code of Ordinances of the City of Friendswood, Texas, as it may have been previously amended, remain unchanged and in full force and effect. Junked Vehicles 12/08/00 Page 2 PASSED AND APPROVED on first reading this 18th day of December , 2000. PASSED, APPROVED, and ADOPTED on second and final reading this 8 th dayof January � 2001. �x CITY OF FRIENDSWOOD Harold L. Whitaker Mayor ATTEST: � � . De oris McKenzie, TRM City Secretary MOTZON: COUNCILDRENiBER A![EL P?EASELES 2ND: COUNCILr!�EP�IBER LARRY TAYLOR APPROVED: Unanimously Junked Vehicles 12/08/00 Page 3