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HomeMy WebLinkAboutOrdinance - 9135-1987 - Repealing Article II Chapter 3 Amending Zonin Gchapter Of Lubbock City Code - 10/22/1987LJM:dw First Reading 1 ! October 22, l.987 Agenda Item #12 Second Reading November 12, 1987 Agenda Item #8 ORDINA!CE HJ. 9135 AN ORD~ REP:EALIKG ARl'Ia..E II, CHAPJER 31 AND AMENDIKG THE WNDG CHAPlER OF THE LOBBOCK CI'l.Y CXDE, ~ SBCXYrIKG GALLERIES; PROVIDIKG A SAVDGS CLAUSE; PROVIDIKG FOR PDBLICATION, AND PROVIDIKG A PENALTY. WHEREAS, there are federal and state laws and agencies which regu- late firearms and the discharge of firearms; and WBERFAS, other such laws and agencies make it unnecessary for the City of Lubbock to regulate sh:>oting gallery establishments; and WHEREAS, the City of Lubbock otherwise regulates such establish- ments through its police, codes enforcenent, building inspection and fire safety regulations; and WHEREAS, such provisions to be repealed provide unnecessary and overlaa,ing regulation and excess verbiage and con:plexity to the City of Lubbock Code of Ordinances; and WHEREAS, the City Council of the City of LUbbock believes and finds that it would be in the best interests of the citizens of the City of Lubbock to repeal all portions of Article II of Chapter 3 of the Code of Ordinances of the City of Lubbock; and WHEREAS, the proposed changes, as hereinafter made have been duly presented to the Planning and Zoning Comnission for its recosmendation which was received by the City Council and, after due consideration, the City Council finds that it would be expedient and in the interest of the plblic health, mrals, and general welfare to make these proposed changes; and ~,-- \ WHEREAS, all conditions precedent required by law for a valid ',, , amendnent to the Zoning ordinance have been fully conplied with, as weir as giving notices in con:pliance with section 29-29 of the Code of Ordinances, City of Iilbtx>ck, Texas, as well as notices provided by Article l0llf, Vernon's Annotated Civil Statues, and notice was duly plblished in the Lubbock Avalanche-Journal more than fifteen (15) days prior to the date of the plblic hearing before the City Council on such proposed amendnent, and the plblic hearing according to said notice was duly held in the City Council Chanbers of the Municipal Building, Lubbock, Texas, at which tine persons appeared in support of the proposal; and, after said hearing, it was by the City CoWlCil determined that it would be in the plblic interest, due to changed conditions, that the Zoning Ordinance be amended in the manner hereinafter set forth in -II jl ii ll the body of this Ordinance and this Ordinance having been introduced prior to first reading hereof, lUf THEREFORE: BE I'l' ORDAINED BY THE CITY CXXJJ!CIL OF THE CITY OF LtJBBXX: SECTION I. THAT the following enumerated sections of the Code of Ordinances of the City of Lubbock, Texas, BE and are hereby repealed: Sections 3-19, 3-20, and 3-21. Article II of Chapter 3 is hereby reserved. SECTION 2. THAT section 29-20 (d) of the Code of Ordinances, City of LUbbock, Texas, is hereby amended to read as follows: •(d) Conditional uses. (1) Shooting Galleries.• SECI'ION 3. THAT violation of any provisions of this Ordinance shall be deened a misdemeanor punishable by a fine not to exceed One Thousand and No/100 Dollars ($1,000.00) as provided in Section 29-31 of the zoning Ordinance of the City of Lubbock. SECTION 4. THAT should any section, paragraph, sentence, clause, p:irase, or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECfiON 5. THAT the City Secretary is hereby authorized and di- rected to cause pJblication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND I'l' IS SO ORDERED. Passed by the City Council on first reading this 22nd day of October , 1987. Passed b_y the City Council on second reading this 12th day of 6l0vembGr , 1987. ram, Assistant City Manager eloi;ment Services -2- APPROVED AS '10 OOHrENT: ~af/11~~ Laura J. Mcior()e, Assistant City Attorney THE STATE OF TEXAS COUNTY OF LUBBOCK .R•65 Before me Frenc1& Herru:indu: a Notary Public in and for Lubbock County. Texas on this day personally appeared Ttdle Auftl I, Acceurit Heneutcr of the Southwestern Newspa• pers Corporation. publishers bf the Lubbock Avalanche•.Journal -Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the t'irst insertion or this :Lent 1r t _____________ No. 825407 at Lul:ThoffCollfi~v.~fas and the attached print• ed copy of the LCl!I I Notice is a true copy of the original and was printed in the Lubbock Aval15c~e~:u;0~ 0; t~9~n:w;i~;t:~6 November 14, 211 1987 Accaunt Han11t1r LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation • .(,-.,t r .~:, Subscribed and sworn to before me this --2-J-r"3Y of _toHl'-¥4t,m;~..,,,__ 19~.,.., ' · · ' . . j -~,( ·t·_/.'' ' 0. "J /(_ ' ·' FRANC~:::E1. NOTARY PUBLIC tn And For The State Of Texas. FORM58-l0 My Commission Expires July 6, 1991