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HomeMy WebLinkAbout448 07-24-1973 ORDINANCE NO. 448 AN ORDINANCE AMENDING ORDINANCE NO. 347 BEING THE GENERAL ZONING ORDINANCE OF THE CITY OF EULESS SO AS TO PROVIDE A NEW SUB-SECTION 57 TO SECTION 7-1002 OF SUCH ORDINANCE TO REQUIRE A SPECIFIC USE PERMIT FOR THE OPERATION OF A TAVERN, BAR OR OTHER ESTABLISHMENT SERVING ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION NOT INCIDENTAL TO CERTAIN OTHER ALLOWED USES ; PROVIDING A PENALTY FOR VIOLATIONS OF THIS ORDINANCE; AUTHORIZING PUBLICATION OF THE DESCRIPTIVE CAPTION AND PENALTY CLAUSE HEREOF; AND PROVIDING A SAVINGS CLAUSE. t WHEREAS , on the loth day of December, 1968 , the City Council of the City of Euless , Texas , in accordance with State of Texas Enabling Laws , Article 1011a thru 1011i , Vernon' s Annotated Texas Civil Statutes , did adopt a general Zoning Ordinance and Zoning District Map , which Ordinance did repeal prior general zoning ordinances and did adopt a com- prehensive plan of zoning, and WHEREAS , on the 10th day of July, 1973 , the Commissioners ' Court of Tarrant County, Texas , did certify the results of a Local Option Election for Precinct 3 of Tarrant County, Texas , authorizing certain sales of alcoholic beverages within the Corporate Limits of the City of Euless , and WHEREAS , it is the desire of the City Council of the City of Euless to amend such Zoning Ordinance so as to require a specific use permit with respect to the operation and establish- ment of certain property uses within the City Limits of Euless with respect to the sale and consumption of alcoholic beverages . NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS : I Sub-Section 7-1002 of Ordinance No. 347 of the City of Euless is herewith amended by the addition of the following Sub-Section (57) which shall hereafter read as follows : 7-1002 Specific Use Schedule USE PERMISSIVE DISTRICT (57) Tavern, bar or other establishment C-2 I-1 serving alcoholic beverages for on-premises consumption (not incidental to the service of food prepared at such location for on- premises consumption as a restaurant or cafe, or incidental to the providing of lodging at such location as a hotel , motel or motor inn) II Any person, firm or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or with any of the requirements thereof, or who shall build or alter any building or use in violation of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be liable to a fine of not more than Two Hundred Dollars ($200 .00) and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in viola- tion of this Ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The City of Euless , likewise , shall have the power to enforce the provisions of this Ordinance through Civil Court action as provided by State Law. III If any section, paragraph, subdivision, clause, phrase or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provisions thereof other than the part so decided to be invalid or unconstitutional. IV This Ordinance shall become effective and be in full force and effect from and after the date of its final passage. -2- APPROVED AND ADOPTED on final reading on the 24th day of July , 1973. APPROVED: A. C. ause, Mayor ATTEST: City Secretary s APPROVED TO FORM: City At orney -3- ORDINANCE NO.4M AN ORDINANCE AMENDING LEGAL AFFIDAVIT ORDINANCE NO. 347 BEING THE GENERAL ZONING ORDINANCE OF THE CITY OF EULESS SO AS TO PROVIDE A NEW STIR-SF.r.- TION 57 TO SECTION 7-1002 OF SUCH TO THE STATE OF TEXAS: REQUIRE A SPEC F CEUSE PERMIT FOR THE OPERA- COUNTY OF T arrant TION OF A TAVERN, BAR OR OTHER ESTABLISH- MENT SERVING ALCOHOLIC BEVERAGES FOR ON- Before me, the undersigned authority on this day personally PREMISES CONSUMPTION NOT INCIDENTAL TO CER- t�1 e an o r Lewis TAIN OTHER ALLOWED appeared known to me to be a credible person. who PEN- ALTY FOR VIOLATIONS OF THIS ORDINANCE; AUTHOR- IZING PUBLICATION OF first being sworn, deposed and upon her oath said: THE DESCRIPTIVE CAP- TION AND PENALTY Bookkeeper Mid Cities Daily News CLAUSE HEREOF; AND That she is the_,_of the , a newspaper PROVIDING A SAVINGS CLAUSE. — Any person, firm or corpora- which has been regularly and continuously published and of general then who shall violate any of the provisions of this Ordi- nance or fail to comply therew- H ur s t ith or with any of the require- circulation in the City/Town of , for a period of ments thereof, or who shall build or alter any building or use in violation of the provi more than one year next preceding the first publication of the sions of this ordinance shall be guilty of a misdemeanor and shall be liable to a fine of not attached Legal Notice and that he caused said notice to be more than Two Hundred Dol- lars ($200.00) and each day such violation shall be permit- s/27,, ted to exist shall constitute a published in said newspaper on the following date/s. 8/3/73 separate offense. The owner or owners of any building or premises, or part thereof, That the attached is a true and correct copy of said notice as pub- where anything in violation of this Ordinance shall be placed or shall exist, and any archi- lished on said date/s in said Mid Cities Daily News tect, builder, contractor, agent, persork', pr ion employed in c I er- �� � ewith and who may have ass- isted in the commission of any such violation shall be guilty of 4th Sept. a separate offense and upon Sworn to and subscribed before me, this the day of , conviction shall be fined as herein provided. The City of Mess, likewise, shall have the 19 73 power to enforce the provisions of this Ordinance through Civik Court action as provided by State Law. APPROVED AND ADOPTED on final reading on the 24th day of July, 1973. APPROVED: 1 1 i%$ 1 s A.C. Krause ry YU C, Tarrant County, A.C. Krause,Mayor Texas ATTEST: -s-Vada Ferris City Secretary APPROVED AS TO FORM: -s-James Cribbs City Attorney MCDN PN NO. 7613 Form PUB 7-27 8-3-73 LEL. _._, AFFIDAVIT ATTACH LEGAL THE STATE OF TEXAS: COPY HERE COUNTY OF Tarrant Before me, the undersigned authority on this day personally Eleanor Lewis appeared known to me to be a credible person. who first being sworn, deposed and upon her oath said: Bookkeeper Mid 1,ities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulation in the City/Town of HiArst , for a period of more than one year next preceding the first publication of the Legal Notice attached and that he caused said notice to be published in said newspaper on the following date/s. 7/27/73 8/3/73 That the attached is a true and correct copy of said notice as pub- Mid Cities Daily News lished on said date/s in said Sworn to and subscribed before me, this the3rdday of Aug , lq 73 MrrtZd Hall Not ublic, rarrantCOUMY, Texas Form -- 110 Any person, firm or corpora- on final reading on the 24thday of July,1973. tion who shall violate any of APPROVED: the provisions of this Ordi- -s-A.C. Krause nance or fail to comply therew- A.C.Krause,Mayor ith or with any of the require- ATTEST: ments thereof, or who shall _s-Vada Ferris build or alter any building or City Secretary use in violation of the provi- APPROVED AS TO FORM: sions of this orcinance shall be -s-James Cribbs ORDINANCE NO.448 guilty of a misdemeanor and City Attorney AN ORDINANCE AMENDING shall be liable to a fine of not MCDN PN NO. 7613 ORDINANCE NO. 347 BEING more than Two Hundred Dol- PUB 7-27 8-3-73 THE GENERAL ZONING lars ($200.00) and each day ORDINANCE OF THE CITY such violation shall be permit- OF EULESS SO AS TO ted to exist shall constitute a PROVIDE A NEW StTR-SFf- separate offense. The owner or TION 57 TO SECTION 7-1002 owners of any building or OF SUCH ORDINANCE TO premises, or part thereof, REQUIRE A SPECIFIC USE where anything in violation of PERMIT FOR THE OPERA- this Ordinance shall be placed TION OF A TAVERN, BAR or shall exist, and any archi- OR OTHER ESTABLISH- tect, builder, or corporation MENT SERVING ALCOHOLIC agent, person BEVERAGES FOR ON- employed in connection ve ass- ther- PREMISES CONSUMPTION ewith and who may NOT INCIDENTAL TO CER- isted in the commission of any TAIN OTHER ALLOWED such violation shall be guilty of USES; PROVIDING A PEN- a separate offense and upon ALTY FOR VIOLATIONS OF conviction shall be fined as THIS ORDINANCE; AUTHOR- herein provided. The City of IZING PUBLICATION OF Euless, likewise, shall have the THE DESCRIPTIVE CAP- power to enforce the provisions TION AND PENALTY of this Ordinance through Civil CLAUSE HEREOF; AND Court action as provided by PROVIDING A SAVINGS APPROVED AND ADOPTED LAUSE.