HomeMy WebLinkAboutResolution 3196-04-2005k~
A Resolution
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A RESOLUTION AUTHORIZING FOR THE CITY ATTORNEY TO FILE SUITS
AGAINST VIOLATORS OF CITY ORDINANCES AND STATE STATUTES
AFFECTING MUNICIPAL HEALTH AND SAFETY PURSUANT TO CHAPTER 54
OF THE TEXAS LOCAL GOVERNMENT CODE AND CHAPTER 125 OF THE
TEXAS CIVIL PRACTICE AND REMEDIES CODE
WHEREAS, the City of .Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of t'he Texas Local Government Code to file a lawsuit to
enforce City ordinances for the preservation of public safety relating to materials or methods
used to construct a building or other structure or improvement including the foundation
structural elements electrical wiring or apparatus plumbing fixtures entrances or exits and
WHEREAS the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit. to
enforce City ordinances for the preservation of public health.. or to the fire safety of a building
or other structure or improvement including provisions relating to materials types of
construction or design interior configuration illumrriation warning devices sprinklers or
other fire suppression devices availability of water supply for extinguishing fires or
location design or width of entrances or exits
WHEREAS, the City of Fort Worth -(the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances for the preservation of public health for zoning that provides for the
use of land or classifies a parcel of land according to the municipality s district classification
scheme and
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances establishing criteria for land subdivision or construction of buildings
including provisions relating to street width and design lot. size building width or elevation
setback requirements or utility service specifications or requirements and
WHEREAS, the City of Fort Worth (the City) through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances implementing civil penalties under this subchapter for conduct
classified by statute as a Class C misdemeanor and
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances relating to dangerously damaged or deteriorated structures or
improvements
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances relating to conditrons caused by accumulation of refuse vegetation
or other matter that creates breeding and living places for insects and rodents
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances relating to the interior configuration design illumination or
visibility of business premises exhibiting for viewing by customers while on the premises live
or mechanically or electronically displayed entertainment intended to provide sexual
stimulation or sexual gratification
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 54 of the Texas Local Government Code to file a lawsuit to
enforce City ordinances relating to point source effluent limitations or the discharge of a
pollutant, other than from a nonpomt source into a sewer system, including a sanitary or
storm water sewer system owned or controlled by the municipality
WHEREAS, the City of Fort Worth (the City") through its Crty Attorney is
authorized pursuant to Chapter 125 of the Texas Practice and Remedies Code to file nuisance
abatement lawsuits against persons who knowingly maintain a place defined as a common
nuisance due to the habitual criminal activity occurring
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 125 of the Texas Practice and Remedies Code to file nuisance
abatement" lawsuits against persons who knowingly maintain a multiunit residential property
defined as a common nuisance due to the habitual criminal activity occurring
WHEREAS, the City of Fort Worth (the City") through its City Attorney is
authorized pursuant to Chapter 125 of the Texas Practice and Remedies Code to file nuisance
abatement" lawsuits against combinations or criminal street gangs that continuously or
regularly associ-ate in gang activities defined as a public nuisance
WHEREAS, the City of Fort Worth (the City) through its City Attorney is
authorized pursuant to Chapter 125 of the Texas Practice and Remedies Code to file nuisance
abatement" lawsuits against combinations or criminal street gangs for the habitual use of a
place defined as a public nuisance due to the gang activity
WHEREAS, violations of the ordinances and state statutes listed above have a
negative impact on the property health and safety of .the citizens of the City of Fort Worth
and this impact is immediate and ongoing and
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WHEREAS, the City Attorney must react quickly to violations of these ordinances and
state statutes to prevent further loss to property life and to reduce the impact to the health.
and safety of the City of Fort Worth Crtrzens
NOW, THEREFORE', BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT
1 The City Attorney is authorized and directed to effect all necessary legal action to
enforce its ordinances pursuant to Chapter 54 of the Texas Local Government Code
and all necessary legal action to abate nuisances pursuant to Chapter 125 of the
Texas Civil Practice and Remedies Code against all violators of its ordinances and
state statutes relating to the property health., and/or safety of the citizens of the City
of Fort Worth without seeking further City Council approval
2 The City Attorney is further authorized and. directed to take any and all necessary
legal action under Chapter 54 of the Texas Local Government Code and all necessary
legal action to abate nuisances under the provisions of Chapter 125 of the Texas
Civil Practice and Remedies Code and is authorized to file any and all suits and seek
any and all injunctive declaratory relief civil penalties and/or any other remedies
allowed by law where authorized by state statute and City Code to that end, without
seeking further City Council approval
DULY APPROVED BY THE CITY COUNCII. OF THE CITY OF FORT WORTH, TEXAS ON
THIS THE ~Lt~ DAY OF APRIL 2005
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Marty He"rfdrix,
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APPROVED AS TO FORM.
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Assistant Cit Attorney
APPROVED
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the
Texas
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/26/2005 Resolution #3196-04-2005
DATE Tuesday April 26 2005
LOG NAME. 12JOINTCH125&54 REFERENCE NO G-14766
SUBJECT
Authorize the City Attorney to File Suits Pursuant to Chapter 54 of Texas Local Government Code
and Chapter 125 of the Texas Civil Practice and Remedies Code and Adopt the Resolution for
Such Suits
RECOMMENDATION
It is recommended that the City Council:
1 Authorize the City Attorney to file any and all lawsuits pursuant to Chapter 54 of the Texas Local
Government Code as necessary to enforce the City Code and State statutes and to prevent further
violations of City ordinances and State statutes,
2. Authorize the City Attorney to file nuisance abatement lawsuits pursuant to Chapter 125 of the Texas
Practice and Remedies Code against persons that maintain or engage in a common or public nuisance
within the City of Fort Worth and
3 Adopt the resolution authorizing such suits.
DISCUSSION
A large number of violations of the City Ordinances occur that amount to nuisances and potentially could
have a high negative impact on the property health and safety of the citizens of the City of Fort Worth The
City Attorney needs to react immediately to these threats to the City to the fullest extent permitted by law
Chapter 54 of the Texas Local Government Code authorizes the City to bring suit to address these
violations of the City ordinances and State statutes. The City Attorney is seeking permission to file suits to
enforce the City Code and State statutes and to prevent further violations of City ordinances and State
statutes without seeking further City Council approval
Chapter 125 of the Texas Practice and Remedies Code authorizes the City Attorney to file lawsuits to abate
a common and public nuisances (a nuisance abatement suit) A common nuisance is defined in the statute
to exist when certain criminal activities occur habitually on the property State law defines a public nuisance
as a combination (considered 'gang activity" under the State statute) or criminal street gang that engages in
gang activity In addition a public nuisance is defined as the habitual use of a place where gang activities
occur The City Attorney is seeking permission to file suits to abate common and public nuisances without
seeking further City Council approval.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
Logname 12JOINTCH12554 Page 1 of 2
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office bv: Richard Zavaia (Acting) (6222}
David Yett 7623
Or~inating D~artment Head. (
Additional Information Contact: T J Patterson Jr (8715)
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Logname: 12JOINTCH12554 Page 2 of 2