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HomeMy WebLinkAbout022571 ORD - 05/21/1996AN ORDINANCE ENACTING A MORATORIUM FOR NINETY DAYS IN THE "B-1" NEIGHBORHOOD BUSINESS ZONING DISTRICT FOR ANY USE PRIMARILY ENGAGED IN THE SALE OF ALCOHOLIC BEVERAGES WHICH BEGAN OPERATION SUBSEQUENT TO MAY 21, 1996; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the unrestricted operation of businesses which primarily engage in the sale of alcoholic beverages in neighborhoods may be detrimental to the public health, safety, and welfare; WHEREAS, legal questions are being resolved regarding the "B-1" Neighborhood District under the Zoning Ordinance of the City of Corpus Christi and whether regulations regarding same should be revised; and WHEREAS, the public health, safety, and welfare of the citizens of the City of Corpus Christi will be served by enacting a ninety (90) day moratorium prohibiting the primary use of the sale of alcoholic beverages in the "B-1" Neighborhood Districts of the City of Corpus Christi. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That no permit shall be approved by the City of Corpus Christi for any business in a `B-1" Neighborhood Business District if the nature of the business is such that in excess of 50% of its gross revenues will probably be derived from sale of alcoholic beverages, for a ninety (90) day period commencing on May 22, 1996. SECTION 2. That Staff will endeavor to provide persons applying for a commercial or industrial building permit or a commercial or industrial certificate of occupancy in a `B-1" Neighborhood Business District, which use is primarily engaged in the sale of alcoholic beverages, a copy of this ordinance during such thirty day period, 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 3. That the issuance of a building permit or a certificate of occupancy during this ninety (90) day moratorium shall not be construed as an approval of a protected non -conforming use for a use primarily engaged in the sale of alcoholic beverages in the `B-1" Neighborhood Business District subsequent to May 21, 1996. SECTION 4. 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. 96NH2830.204 1 'l 7 ktiIeRUFILMEP SECTION 5. 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 6. 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 2.1 day of Ma, , 1996. ATTEST: City Secretary THE CITY OF CORPUS CHRISTI MAYOr THE CITY OF RPUS CHRISTI APPROVED THIS THE 22TH DAY OF MAY, 1996: JAMES R. BRAY, CITY ATTORNEY rbert J. Hart, Assistan 96NH2830.204 orney 2 Corpus Christi, Texas 7! day of N��L\ TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1996. 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, Council Members MAYOR THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: °L 4 -. Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 96NH2830.204 CLtJ at ff '571 3 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 638966 PO # 509-601-605.95 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 -President and Chief Financial 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, Duval, 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. 022571 v' hich the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 27TH day(s) of MAY. 1996. ONE (1) Time(s) $ 35.15 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 3RD day of JUNE. 1996. (6,13.4t ALASs Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97.