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
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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:
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Mary Rhodes
Dr. Jack Best
Betty Black
Melody Cooper
Tony Heldenfels
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
96NH2830.204
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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.