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18-891ORDINANCE NO. 18-891 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CORRECTING 1NADVERTENT MISTAKES IN SECTION 2(a)(21) OF ORDINANCE NO. 2015-121 RELATING T'O THE PROHIBITION OF SMOKING NEAR A STREET-FRONT MAIN ENTRANCE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND, DECLARING AN EFFECTIVE DATE. WHEREAS, on April 21, 2015 the City Council held discussions that proposed to designate portions of certain retail establishments, public buildings, and food establishments as nonsmoking areas ("Nonsmoking Areas Discussion") and considered the adoption of an ordinance designating certain areas as nonsmoking areas; and WHEREAS, the minutes of the Apri121, 2015 City Council meeting show that during the Nonsmoking Areas Discussion, the City Council considered amendments to the proposed ordinance which included a motion to reinstate Section 2(a)(21) regarding "Any location which was within 30 feet of an entrance to a location in which smoking was prohibited;" and WHEREAS, the motion to reinstate Section 2(a)(21) was approved by a vote of 6- 1; and WHEREAS, the City of Denton recently discovered that an inadvertent mistake was made in Ordinance No. 2015-121 (approved Apri121, 2015) which resulted in an ordinance that did not accurately reflect what was intended to be approved by City Council; and WHEREAS, City Council requests that the inadvertent mistake be revised to correctly reflect the intention of City Council in Denton Ordinance No. 2015-121 as indicated on the corrected ordinance attached hereto as Exhibit B; and WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to accurately reflect its offcial actions; and WHEREAS, the Council iinds that said corrections are in the best interest of the citizens of the City of Denton and should be adopted as stated herein; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals contained herein are made a part of this Ordinance as if set forth at length herein. SECTION 2, The current text of Section 2(a)(21) of Ordinance No. 2U15-121 is deleted in its entirety and replaced with "Any location which is within thirty (30) feet of a street-front main entrance where smoking is prohibited or, if a business has a front patio where smoking is prohibited, within thirty (30) feet of the boundaries of such patio." SECTION 3 If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the reinaining portions of this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any invalidity. S��: 6 ft�I� „4. Save and except as ame�lded hereby, all of the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. The motion to approve this ordinance was made by � U O�f'� �y� �. _ and seconded by � ��� � �� � ��' ���� � ����� � �' � � � � �"� mm� , the ordmance was passed and approved by �� the following vote [ (� - � Mayor, Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay �— ✓ ✓ J� ✓ ✓ Abstain Absent � PASSED AND APPROVED this the ��,� � day of � m , m�, 2018. ��'� , � � � �;���� � �,� � ������ � � ���� � �"° �� .... �,�..�.,� CHRIS WA�I" �, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : �l'.�''��^��"�"���� ��,��"�� LEGAL FORM: ���:C�C�1� LEAL, CITY ATTORNEY ,� � , � w BY: �,� ��: ,.mm ,� . .............._........_ w�.. �.. .___�_.