HomeMy WebLinkAboutOrdinance 7274 ORDINANCE NO. 1c�
AN ORDINANCE AMENDING CHAPTER 26, ("MOTOR VEHICLE
AND TRAFFIC") OF THE CODE OF THE CITY OF FORT
WORTH (1964) , AS AMENDED, BY REPEALING SECTION
26-82 THEREOF; AND NAMING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS.
SECTION 1.
That Section 26-82 of Article V of Chapter 26 of the
Code of the City of Fort Worth (1964) , as amended, is hereby
repealed.
SECTION 2.
That this Ordinance shall be in full force and effect
from the date of its passage and publication as required by
law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
f (X�
City Attorney
Into //
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Lwle City of Fort Worth, Ec as
13AILIN Mayor and Council Communication
GRANIW
30HN DATI REFERENCE SUBJECT: Repeal of Negligent Collision PAGE
NUMBER ----- -
G ///;�/ ! 12 15/75 Ordinance, Section 26-82 of the Code of 1 of
G-
I 2917 the Cif of Fort.iJorth.
On Wednesday, ;ecember 3, 1975 , Municipal Court Judge Harold Valderas
pursuant to a motion and brief filed by an attorney, declared that the
"Negligent Collision" ordinance (Section 26-82 of the Fort Worth City
Code) was unconstitutional due to a conflict between the definition of
negligence set out in this ordinance and the degree of culpability re-
quired by the new Texas Penal Code.
The effect of repealing the negligent collision ordinance will be that
traffic citations will continue to be issued by police officers as
appropriate when collisions occur, but instead of charging a violation
of the negligent collision ordinance, appropriate sections of the Uni-
formed Traffic Code (Texas Motor Vehicle Laws) will be cited.
It is the opinion of the Department of Law that the negligent collision
ordinance should be repealed.
Recommendation
It is recommended that Section 26-82 of the City Code be officially
repealed.
RNL:mm
SUBMITTED BY: DISPOSITION.BY COUNCIL: ;PRDS D
e�APPROVED O OTHER (DESCRI/BEEE))
CITY SECRETARY
DATE
CITY MANAGER