The URL can be used to link to this page

Home My WebLink AboutO-2021-3842 Adopting a map as the official record of the location and boundaries of drug-free zones ORDINANCE 2021-3842 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; CONTAINING A REPEALING 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 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 such offenses 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. 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. Ordinance 2016-3657 is hereby repealed. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5. 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 6. 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 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 7. This ordinance shall take effect and be in force,/� from and after its passage and approval. rik PASSED AND APPROVED this,the a� day of -H , 2021. CITY OF/ 'O 'TE,TE S .A L.1 . Rig.y, J r ATTEST: APPROVED AS TO FORM: L e o dward, it Clark T. Askins, Assistant City Attorney ' \�ypF.LA.......ti * tI 10 • �� I r�1 .,Q:'- NL' COtfl1'. h \! CITY OFUVORTE.PLANNING AND DEVELOPMENT oWS^��-oc. „.. DRUG FREE ZONES S7PREDarn la..I .Cr.al IMO.3Tarr ON �� July 2021 Olactalmer This rrn n dmay rrol prepared for or.product for loyal ona near purposes or sad.....es If des not represent an on-neracoon surwr„u,represents only ne appro,(A CITY HALL n rebave location of properly hour.. Guy.c.y250 L 1p2.T.userlseMuur- A.WEST FAIRMONTPARKWAY / ,CQ Ayde en6uuea eta /- ap..Inmpe..tlyvet.s rr ll lnhmanon cons...spor4c st The Loyd LA FORTE,TEXAS TTAt Drug Free Place La PMe makes no reprea+nlallon or warranty as.the accuracy d Ms p.m( 1.011.1.0v �/} - l /.'� rb l/Mess a.a parka.,prpo as The user(II accepts.1..01S IS. alelsme "^7 actlaa I. `sa oftfuttwait(eo, ".L�.G Drug Free Zone HALLFAULTS.(2laasumes all resp.ns..fa the use them/and/S,rs- MI MsS1tN Sly dLA Forte l men any firm.kcs or rm..aomp from Such. joy:14441 de 1,4144 4lide01 oat Tea1T(earte. �r Ts. f .....r............. // , .....s..;.;.............................e BATTLEGROUND -•,a,, \ INDUSTRIAL .'" DISTRICT '' \ 7. 'A"., 'h aa ,YC,', .N�.S.a,. v'r", O, rare e...aa, .........I.,.,rr..r. 1 _ .: i ,. II , 5 ..... ,.. , , \____ _ , - . , _, . i I —1 n \ _ I � z•N.S•N.•NNSSSA — t• I O... ......... 1 I+ I li NW. / BAYPORT i INDUSTRIAL DISTRICT SOUTH LA PORTE INDUSTRIAL DISTRICTS ii —411Q t , ,, _ r. t, _ 1 ' 1 ,ui - — RP-2021-645124 11/09/2021 ER $30.00 ORDINANCE 2021-3842 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; CONTAINING A REPEALING 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 (NJWHEREAS,because the La Porte Police Department's success in reducing drug trafficking in the o City of La Porte, Texas, is contingent upon effective prosecution by the Harris County District N Attorney's Office of these offenses,the La Porte City Council encourages prosecutors in the Harris County District Attorney's Office to prosecute such offenses 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 ands incoii prated herein by reference for all purposes, is hereby approved as the official mak oL:the loc ttioi\and boundaries of all drug-free zones located within the territorial limits of;th' City of La Porte, Texas, as the term "drug-free zones"is defined in the Texas Health and SafetCod. Section 3. A copy of this Ordinance and the map attacted 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. Ordinance 2016-3657 is hereby repealed. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 5. 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 6. 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 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 7. This ordinance shall take effect and be in force from and after its passage and approval. Nr CV PASSED AND APPROVED this,the a� day of --AU,\` ,2021. Ln Nr r- CITY OF/ 'O',TE, TE - N N a. •er . ig•y, dr C A 1"1'hST: APPROVED AS TO FORM: t Li o.dwa dd, - - Clark T. Askins,Assistant City Attorney .04\0.°4— e 1) ,04(1 I /\ `� GO V__� OF ,; A aft r ,, m • " TEXp`g Certification of Public Record I, the undersigned authority, do hereby certify the attached document is a true and correct copy of the original Ordinance Numbers 2021-3842, passed and approved by the City Council of La Porte and kept by the City Se - ary's Office of the City of La Porte, Texas. N 1110 a_ Lee —vrd, Cit' retary, I y o a 'ort- Texas Date ' c..aF..:........._i fkCity Se. II, 511/44 / I ( j • °`4�`�-FA DRUG FREE ZONES',1 f,i CITY OF FORM.PIMPINDM,D DEVELOPMENT U ( .. I! ,T. n...r.ia.awt.treoNr .n...u.o,.,me, �I July 2021 ......•:M•ep.6.a ..w.aMw•.r.w.1W...w,aa✓..w, .,i,.ar..M..bw,.brw r••••....s....,..ww.•r NrNY N wN.N.4 An,Noe.a.,•••.a•h arar.. .aMa*saw r..nrea 6,C.lb.tat..1M N,b.ww. ALL ..b M,ww.ya.ry a...w AAA..a r.Mb..we . w a,,...NNNe+ ')Gc ea,e�.Ca t.N6WU-a lrtitage. Drug Free Place a...N..wa,.......weNhomIm.PPY N'••••°"mfINOP m.. LA U/4. .WAY MVO o-b WON..4 a.. We p9.a.no..,N aa..e,M..ae..ai,t. e,....a Ca.ro+nr.lfy..ilaee. and e114ettu..it4a, ride wn,eur.r.r;ln.w....r..w.+g..w,.1e,...s wpN. IIIII Drug Free Zone ....a»c, u e.s a_w,*b.a.by.bnlb maeM no eO. 6404ore*?(AC ru lay ea Cep 6«ern teeedarta. • N • W—47 �'�JE 1„: t C46� i BATTLEGROUND .TM"'""" ; INDUSTRIAL �a '"+••Na....••••• �• ''''''''''''''''''''''''' F. i DISTRICT •'•.. 2 ,'Y •I , i • 1. - .. I ! • 4J1"...."."." 1 1 ,0 I 1 • •I • ' r ` I BAYPORTINDUSTRIAL" jDISTRICI. 1 I _ I t • ,I SOUTH LA PORTE INDUSTRIAL OISTRidT( . NN. 't st.y N a...... N•.. .•M - I _ 146 h 1 �. I _ ..NN.NNNMINN. lI — EXHIBIT �. . RP-2021-645124 # Pages 5 11/09/2021 09:05 AM e-Filed & e-Recorded in the Official Public Records of HARRIS COUNTY TENESHIA HUDSPETH COUNTY CLERK Fees $30.00 Nt N T- IC) CD O N EL RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. 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. e i HARRtleo y7o� ` Ay COUNTY CLERK si4 HARRIS COUNTY,TEXAS