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The Plainview City Council met on February 26, 2013 at 7:00 p.m. in the City Council
Chambers of the Plainview City Hall at 901 Broadway. The agenda for this meeting
was posted in City Hall at 4:45 p.m. on February 22, 2013. Mayor Wendell Dunlap
presided. Councilmembers present were: Charles Starnes - District 1, Cathy Waggoner -
District 2, David Garcia - District 3, V. O. Ortega- District 4, and Lionel Garcia - District 6.
Councilmembers Shane Martinez- District 5 and Eric Hastey- District 7 were absent.
Staff members present were: Greg Ingham -City Manager, Jeffrey Snyder- Assistant City
Manager, Leslie Pearce -City Attorney, Mike Gilliland- Director of Public Works, Todd
Kennemer- Community Development Manager, William Mull - Police Chief, Daniel Born -
Information Technology Specialist, Rusty Powers -Fire Chief, Sarianne Beversdorf-
Director of Finance and Belinda Hinojosa -City Secretary.
News Media Present: Jessica Thornton - Plainview Herald
Councilmember David Garcia delivered the invocation and led in the pledge of
allegiance.
Councilmember Starnes moved to adopt the consent calendar. The motion was duly
seconded by Councilmember Lionel Garcia and carried by unanimous vote. Items
approved on the consent calendar included the approval of the minutes of February 12,
2013; the granting of excused absences to Councilmember Shane Martinez and Eric
Hastey; and approval of the financial reports.
William Mull, Police Chief presented for consideration on first reading Ordinance No. 13-
3590, an Ordinance Continuing Chapter 8, Article 8.05, Juvenile Curfews of the Code of
Ordinances of the City of Plainview, Texas Defining Terms; Providing Curfew Hours for
Juveniles; Offenses and Defenses For Juveniles; Penalty For Violation Of The Curfew
Ordinance By Juveniles, Their Parents or Guardians, and Owners, Operator§ and
Employees of Business Establishments of a Fine Not to Exceed $500; Repealer;
Severability Clause; Cumulativeness Clause; Conflicts Clause; Effective Date; and
Providing for Publication and Enforcement of Such Ordinance. The use or need for a
curfew is a matter for the City Council and the public to decide. The curfew is not a
cure -all for every juvenile crime in Plainview. A curfew should not be used to replace
parental authority, but to supplement it. The curfew is not critical to the Police
Department function but it does allow the officer another "tool" to assist the officer in
making a legal stop of a person that they suspect to be under age or in the process of
committing a crime or becoming the victim of one. The Police Department has checked
with the Plainview Independent School District and the Plainview Christian Academy for
their opinion on the curfew and both are in favor of the curfew.
The Curfew is from 12:01 a.m. until 6:00 a.m. every day of the week. It only affects
persons under the age of 17 years of age. Any person under the age of seventeen (17)
years of age, or, in equivalent phrasing, any person of the age of sixteen (16) years old
or younger, who has not been emancipated by court order pursuant to the Texas Family
Code, Chapter 31. A violation of the curfew is a class C misdemeanor. It is unlawful for
a juvenile to be in a public place within the City of Plainview, Texas, to be in any motor
vehicle operating or parked in a public place, or to be in or on the premises of any
City Council Minutes
February 26, 2013
Page 1 of 2
establishment within the City between the hours of 12:01 a.m. and 6:00 a.m. daily.
There are 11 exceptions to the curfew.
Councilmember Ortega moved to open a public hearing on Ordinance No. 13 -3590.
The motion was duly seconded by Councilmember Waggoner and carried by
unanimous vote.
Mayor Dunlap asked for public comment. There was no public comment.
Mayor Pro Tem Waggoner moved to close the public hearing. The motion was duly
seconded by Councilmember David Garcia and carried by unanimous vote. The public
hearing was closed at 7:13 p.m.
Councilmember David Garcia moved to adopt Ordinance No. 13 -3590 on first reading.
The motion was duly seconded by Mayor Pro Tem Waggoner.
Councilmember Lionel Garcia asked of the 183 instances where juveniles were
detained, were they allowed to either pay fine or do community service. Mr. Mull stated
that it would be up to the Municipal Court Judge.
Mayor Pro Tem Waggoner asked if there was a difference in the curfew from the past.
She was advised that it was almost identical, just the dates.
Mayor Dunlap asked for a vote on the matter. The motion carried by unanimous vote.
There being no further business, Mayor Dunlap adjourned the meeting at 7:15 p.m.
Belinda Hinojosa
City Secretary
City Council Minutes
February 26, 2013 Page 2 of 2
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