HomeMy WebLinkAboutOrdinance - 7832-1979 - Correcting Ordinance Number 7566 - 03/22/1979~-LGB:hw ORDINANCE NO. 7832 t-~~~.Jb~~======================================,l==
-,, AN O)IDINANCE CORRECTING ORDINANCE NO. 7566 OF THE CITY OF LUBBOCK, WHICH WAS
PUBLISHED IN A FORM WHICH DID NOT CORRECTLY REFLECT THE INTENT OF THE CITY COUNCIL
AND WHICH SHOULD HAVE BEEN CAPTIONED AS FOLLOWS, "AN ORDINANCE AMENDING ZONING
ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE
FOLLOWING CHANGES: ZONE CASE NO, 2162; CHANGE TRACTS 'A' THROUGH 'M', TRACTS 'P'
AND 'Q' AND THE SOUTH 200 FEET OF TRACT 'R' AND OF LOTS 1-A, 2-A, AND 3-A, FIESTA
AUTOLAND CENTER, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO C-4 WITH
CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION"; PROVIDING FOR A PENALTY
AS PROVIDED FOR IN SECTION 1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE; PRO-
VIDING FOR PUBLICATION, AND DECLARING AN EMERGENCY.
WHEREAS, the City Council finds that certain clerical errors in real property
description were incorporated into the caption and Section 1 of Ordinance
No. 7566 in its final draft and in its published form, that said errors did not
correctly reflect the intent of the City Council in its approval of Zone Case
No. 2162, that said errors are apparent on the face of Ordinance No. 7566, that
said errors resulted form describing all of Tract "R" and of Lots 1-A, 2-A and
3-A when in fact only the south 200 feet. of those areas had been part of the
advertised zone case before the City Council, that prior to the passage of
Ordinance No. 7566 all notices were given and hearings held as required by law,
and that all other matters necessary for the valid approval of a zone case were
in all things regular, except and save those corrected hereinafter, and
WHEREAS, the City Council finds that said errors could materially interfere
with the development of Lot 3-A because of the uncertainty of the zoning thereon,
and that additional delays will substantially increase the possibility of
financial loss to the developers arising from the commission of this clerical
error by the City, and to eliminate this loss and any City responsibility there-
fore, the City Council finds this situation to be of an emergency nature requiring
the immediate passage of this measure; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the caption of Zoning Ordinance No. 7566 of the City
of Lubbock BE and is hereby corrected to read as follows:
"AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP
OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE
CASE NO. 2162; CHANGE TRACTS 'A' THROUGH 'M', TRACTS 'P' AND 'Q' AND
THE SOUTH 200 FEET OF TRACT 'R' AND OF LOTS 1-A, 2-A AND 3-A, FIESTA
AUTOLAND CENTER, CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, FROM C-4 TO
C-4 WITH CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION
1-5 OF THE CITY CODE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR
PUBLICATION. 11
SECTION 2. THAT Paragraph 1 of Section 1 of Zoning Ordinance No. 7566
of the City of Lubbock, BE and is hereby corrected to read as follows:
"Change the North 295 feet of Tract 'M'; Tracts 'P' and 'Q'; and the
South 200 feet of Tract 'R' and of Lots 1-A, 2-A and 3-A, Fiesta Auto-
land Center, City of Lubbock, Lubbock County, Texas, from C-4 to C-4
with conditions."
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,/ SECTION 3. THAT the conditions listed in Section 1 of Ordinance
No: 7566 'of the City of Lubbock shall remain as listed and shall not be amended
by this ordinance.
SECTION 4. THAT violation of any provisions of this ordinance shall
be deemed a misdemeanor punishable by a fine not to exceed two hundred dollars
as provided in Section 1-5 of the City Code.
SECTION 5. THAT should any section, paragraph, sentence, clause,
phrase or word of this Ordinance be declared unconstitutional or invalid for
any reason, the remainder of this Ordinance shall not be affected thereby,
SECTION 6, THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method provided by law.
SECTION 7. THAT the fact that public necessity and convenience requires
that this Ordinance be passed as an emergency measure for the reasons set forth
in the preamble hereof, the rule of its introduction be suspended and this
Ordinance is declared to be an emergency measure to t~ke effect from and after
its passage and publication as set forth hereinabove.
AND IT IS SO ORDERED.
Passed by the City Council this 22nd day of March , 1979. ------------
ATTEST:
APPROVED AS TO CONTENT:
utt, Adminis rator
and Environmental Control
APPROVED AS to FORM:
Leon G. Bean, Asst. City Attorney