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Home My WebLink AboutO-2016-3657 Establishing Drug Free Zones and Adopting a Map Illustrating the Drug Free ZoneORDINANCE NO. 2016-3657 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS APPROVING A MAP AS THE OFFICIAL RECORD OF THE LOCATION AND BOUNDARIES OF DRUG-FREE ZONES WITHIN THE CITY LIMITS IN ORDER TO AID CRIMINAL PROSECUTION IN ENHANCEMENT OF CRIMINAL PENALTIES FOR UNLAWFUL DRUG ACTIVITIES IN THESE ZONES; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of LaPorte, Texas recognizes that the Texas State Legislature has authorized penalties for certain drug offenses established in the Texas Health and Safety Code and occurring in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or in, on, or within 300 feet of the premises of a public swimming pool, or video arcade facility; or in, on, or within 1,000 feet of the premises of a school; or on a school bus; or in, on or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board; and WHEREAS, to aid in the criminal prosecution of certain drug offenses established in the Texas Health and Safety Code, it is necessary for the City of La Porte to adopt an Ordinance approving a map as the official record of the location and boundaries of all institutions of higher learning, playgrounds, schools, video arcade facilities, youth centers, public swimming pools and real property owned, rented or leased to a school or school board, as those terms are defined in the Texas Health and Safety Code, and to identify those facilities and the qualifying areas around such facilities as drug-free zones; and WHEREAS, because the La Porte Police Department's success in reducing drug trafficking in the City of La Porte, Texas is contingent upon effective prosecution by the Harris County District Attorney's office of these offenses, the La Porte City Council encourages prosecutors in the Harris County District Attorney's office to prosecute, based upon the enhanced penalties that the law provides and to utilize the map herein adopted as evidence in the prosecution of such cases; now therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this ordinance are true and correct. Section 2. The map attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, is hereby approved as the official map of the location and boundaries of all drug-free zones located within the territorial limits of the City of LaPorte, Texas, as the term "drug-free zones" is defined in the Texas Health and Safety Code. Section 3. A copy of this Ordinance and the map attached as "Exhibit A", once approved, shall be filed with the County Clerk of Harris County as required by the Texas Health and Safety Code and maintained as an official record of the City of La Porte, Texas. Section 4. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had been passed alone. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is ,w,,r,.,,,,,,on posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall take effect and be in force from and after its passage and approval. PASSED AND APPROVED this the,5;?, day of �� , 2016. CI" A ST: �g, J6 Uz L-zu Patrice Fogarty, Ci Secretary APPROVED: Clark T. Askins, Assistant City Attorney ��S+Y Pty GLADIS SANCHEZ ID #130663701 My Commission Expku February 24, 2020 RP -2016-513419 11/15/2016 RP2 $24.00 ORDINANCE NO. 365 7 AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS APPROVING A MAP AS THE OFFICIAL RECORD OF THE LOCATION AND BOUNDARIES OF DRUG-FREE ZONES WITHIN THE CITY LIMITS IN ORDER TO AID CRIMINAL PROSECUTION IN ENHANCEMENT OF CRIMINAL PENALTIES FOR UNLAWFUL DRUG ACTIVITIES IN THESE ZONES; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of La Porte, Texas recognizes that the Texas State Legislature has authorized penalties for certain drug offenses established in the Texas Health and Safety Code and occurring in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground; or in, on, or within 300 feet of the premises of a public swimming pool, or video arcade facility; or in, on, or within 1,000 feet of the premises of a school; or on a school bus; or in, on or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board; and WHEREAS, to aid in the criminal prosecution of certain drug offenses established in the Texas Health and Safety Code, it is necessary for the City of La Porte to adopt an Ordinance approving a map as the official record of the location and boundaries of all institutions of higher learning, playgrounds, schools, video arcade facilities, youth centers, public swimming pools and real property owned, rented or leased to a school or school board, as those terms are defined in the Texas Health and Safety Code, and to identify those facilities and the qualifying areas around such facilities as drug-free zones; and WHEREAS, because the La Porte Police Department's success in reducing drug trafficking in the City of LaPorte, Texas is contingent upon effective prosecution by the Harris County District Attorney's office of these offenses, the La Porte City Council encourages prosecutors in the Harris County District Attorney's office to prosecute, based upon the enhanced penalties that the law provides and to utilize the map herein adopted as evidence in the prosecution of such cases; now therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this ordinance are true and correct. Section 2. The map attached hereto as "Exhibit A" and incorporated herein by reference for all purposes, is hereby approved as the official map of the location and boundaries of all drug-free zones located within the territorial limits of the City of La Porte, Texas, as the term "drug-free zones" is defined in the Texas Health and Safety Code. FILED FOR RECORD Tuesday, November 15, 2016 COUNTY CLERK, HARRIS COUNTY, TEXAS ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL, OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. THE STATE OF TEXAS COUNTY OF HARRIS I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped hereon by me; and was duly RECORDED; in the Official Public Records of Real Property of Harris County Texas Tuesday, November 15, 2016 Qft, 41AR&�rO a d { oo► COUNTY CLERK HARRIS COUNTY, TEXAS 112 RP -2016-513418 Please find enclosed your instrument as recorded in the Office of the County Clerk. It has been a pleasure to serve you. Stan Stanart CITY OF LA PORTE County Clerk 604 W FAIRMONT PARKWAY Harris County, Texas m LA PORTE, TX 77571 w Cl) A_ CD u Legend Drug Free Zones DAY CARE 1,000' BUFFER PARKS 1,000' BUFFER ` ..F \ ... - SCHOOLS 1,000' BUFFER DAYCARES OSchools Parks \ CityLimits