HomeMy WebLinkAbout2157 06-27-2017 ORDINANCE NO. 2157
AN ORDINANCE AMENDING CHAPTER 84 OF THE CODE OF
ORDINANCES, IDENTIFIED AS THE UNIFIED DEVELOPMENT CODE
OF THE CITY OF EULESS, TEXAS; AMENDING TX-121 GATEWAY
DISTRICT USE TABLE , REVISING THE DEVELOPMENT AND LAND
USE REGULATIONS APPLICABLE TO CERTAIN STORES THAT SELL
PACKAGED ALCOHOLIC BEVERAGES; PROVIDING THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Euless previously adopted chapter 84,
Unified Development Code, of the City of Euless Code of Ordinances, as amended, which
regulates the location and use of buildings, other structures and land for business,
industrial, residential and other purposes, for the purpose of promoting the public health,
safety, morals and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the City Council finds and determines that the TX-121 Gateway
District Use Table within chapter 84 should be amended as set out herein; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission of the City of Euless on June 20, 2017, and by the City Council of the City
of Euless on June 27, 2017, with respect to the revisions described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the
Texas Local Government Code, Chapter 84 of the City's Code of Ordinances, and all
other laws dealing with notice, publication, and procedural requirements for the approval
of an amendment to the Unified Development Code; and
WHEREAS, the City Council finds that the amendment to Chapter 84 as outlined
herein is in the best interest of the City of Euless and will promote the health, safety, and
general welfare of the citizens of the City of Euless and the general public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
That "TX-121" 121 Gateway District Use Table, Exhibit A of Chapter 84, Section
84-84 of the Code of Ordinances, City of Euless, Texas, is hereby amended to delete the
"Beer and Wine Stores Only" use and to add a "Packaged Alcoholic Beverages (for off
premise consumption)" use under "Retail Trade" as follows:
SIC Primary Use Parking Special
Code Group Condition
Table 5-A Section 84-85
5921 Packaged P 6 ab
Alcoholic
Beverages �
(for off
premise
consumption)
SECTION 2.
CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of
ordinances and of the Code of Ordinances of the City of Euless, Texas, as amended,
except when the provisions of this Ordinance are in direct conflict with the provisions of
such ordinances and such code, in which event the conflicting provisions of such
ordinances and such code are hereby repealed.
SECTION 3.
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause, or phrase of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same
would have been enacted by the City Council without the incorporation in this Ordinance
of any such unconstitutional section, paragraph, sentence, clause or phrase.
SECTION 4.
SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly
saved as to any and all violations of the provisions of the Code of Ordinances as amended
or revised herein, or any other ordinances affecting the matters regulated herein which
have accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
Ordinance No. 2157, Page 2 of 3
not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 5.
PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the
terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions,"
Section 1-12, "General Penalty," Euless Code of Ordinances. Each such violation shall
be deemed a separate offense and shall be punishable as such hereunder.
SECTION 6.
PUBLICATION CLAUSE. The caption, penalty clause, and effective date clause
of this ordinance shall be published in a newspaper of general circulation in the City of
Euless, in compliance with the provisions of Article II, Section 12, of the Euless City
Charter. Further, this ordinance may be published in pamphlet form and shall be
admissible in such form in any court, as provided by law.
SECTION 7.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication, as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on June 27, 2017, by a vote of 7 ayes, 0 nays,
and 0 abstentions.
APPROVED: APPROVED AS TO FORM:
/Let/is,- Y.7(..e.±:11-1--C---)
Linda Martin, Mayor Wayne K. Olson, City Attorney
ATTEST:
Ki ' tter, TRMC, City Secretary
Ordinance No. 2157, Page 3 of 3