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Home My WebLink About022410 ORD - 11/21/1995AN ORDINANCE DIRECTING CITY STAFF TO PREPARE AN AMENDMENT TO THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI BY ADDING A NEW CHAPTER, ADULT BUSINESSES WITH UNDESIRABLE SECONDARY EFFECTS (ABUSE) WHICH REGULATES THE LOCATION OF ADULT BUSINESSES WITH UNDESIRABLE SECONDARY EFFECTS AND WHICH REQUIRES LICENSING OF ADULT BUSINESSES WITH UNDESIRABLE SECONDARY EFFECTS; STATING THE INTENT OF THE CITY COUNCIL NOT TO RECOGNIZE AS A PROTECTED NONCONFORMING USE ANY ADULT BUSINESS WITH UNDESIRABLE SECONDARY EFFECTS WHICH BEGAN OPERATION SUBSEQUENT TO NOVEMBER 21,1995; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the unrestricted operation of certain adult businesses with undesirable secondary effects may be detrimental to the public health, safety, and welfare; WHEREAS, the unrestricted operation of certain adult businesses with undesirable secondary effects may contribute to the decline of residential and business neighborhoods; WHEREAS, the unrestricted operation of certain adult businesses with undesirable secondary effects may contribute to the growth of criminal activity; WHEREAS, the public health, safety, and welfare of the citizens of the City of Corpus Christi will be served by regulating adult businesses with undesirable secondary effects; and WHEREAS, the City Staff has pending an ordinance proposing to regulate the location of adult businesses with undesirable secondary effects and to require a license to operate an adult businesses with undesirable secondary effects; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. The City Council of the City of Corpus Christi finds that: A. The Legislature of the State of Texas has found that the unrestricted operation of certain adult businesses with undesirable secondary effects may be detrimental to the public health, safety, and welfare by contributing to the decline of residential and business neighborhoods and the growth of criminal activity. B. The City of Corpus Christi as a home -rule municipality has full power of local self- government under the Texas Constitution and the City Charter of the City of Corpus Christi and may adopt and enforce ordinances to protect the health, safety, and welfare of its citizens. 95NH2920.102 11-10-95 T T T 0 2 2 410 tCROF►LMEC C. Chapter 243 of the Texas Local Government Code grants municipalities specific authority to adopt ordinances regulating the location of adult businesses with undesirable secondary effects and requiring a license to operate adult businesses with undesirable secondary effects as the municipality considers necessary to promote the public health, safety, or welfare. SECTION 2. That the City Staff complete the preparation of the pending ordinance to regulate the location of adult businesses with undesirable secondary effects and to require a license to operate an adult businesses with undesirable secondary effects, such ordinance to be presented to the City Council as soon as legally possible. SECTION 3. That it is the intent of this City Council not to recognize as a protected non- conforming use (if any are recognized) any adult businesses with undesirable secondary effects which began operation subsequent to November 21, 1995 and the Staff is directed to prepare the ordinance accordingly. SECTION 4. That Staff will endeavor to provide persons applying for a commercial or industrial building permit or a commercial or industrial certificate of occupancy a copy of this ordinance until such time as the ordinance regulating adult businesses with undesirable secondary effects is effective, provided however, that failure to receive a copy of this ordinance shall in no way allow any person to avoid being charged with notice of this ordinance. SECTION 5. That the issuance of a building permit or a certificate of occupancy shall not be construed as an approval of a protected non -conforming use subsequent to November 21, 1995. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 2 i day of kit vc v kiej— , 1995. 95NH2920.102 11-10-95 2 ATTEST: City Secretary THE CITY OF CORPUS CHRISTI MAYIR THE CIT O CORPUS CHRISTI APPROVED THIS THE 14TH DAY OF NOVEMBER, 1995. JAMES R. BRAY, CITY ATTORNEY By: ert J. Hart, Assistan Attorney 95NH2920.102 1110-95 3 T 11 Corpus Christi, Texas 2( day of i ..`o ii it r , 19 6E TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MA' R THE CITY OF C Council Members The above ordinance was passed by the following vote: Mary Rhodes y � Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels N`0 Betty Jean Longoria (L John Longoria Edward A. MartinCLAI Dr. David McNichols 95NH2920.102 11-10-95 T r 022410 S CHRISTI 4 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 269459 POS Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice-PresidddltiefiBinancial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022410.which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 2nM day(s) of November. 1995. ONE(1) Time(s) $ 51.00 1- m V; s 011Y ofr, r.O • Z = s• •• �kas 74 •9'10000 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 4TH day DECEMBER. 1995. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.