HomeMy WebLinkAboutOrdinance - 6699-1973 - Amending Chapter 19 Code Of Ordinances. Adding New Section 19-20.1 - 07/23/1973KJ:sw
ORDINANCE NO. 6699
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDI-
NANCES, CITY OF LUBBOCK, TEXAS~ BY ADDING THERETO A NEW SECTION
19 ... 20.1 PROVIDING FOR DISTANCE FROM CHURCHES, SCHOOLS AND HOSPI-
TALS FOR SALE OF ALCOHOLIC BEVERAGES; PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council has determined that the chapges indicated
below would be in the best interest of the citizens of the City of Lubbock: NOW
THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 19 of the Code of Ordinances., City of
Lubbock, BE and is hereby amended by adding thereto a new Section 19-20. 1,
which shall read as follows:
"Sec. 19 ... 20.1. Sale of Alcoholic Beverages; Proximity
to Churches., Schools and Hospitals.
It shall be unlawful for any person, association., firm
or corporati0n to sell or engage in the business of sel-
ling any alcoholic beverage where such place of business
is located within three hundred feet of any church., public
school or public hospital, the measurements to be along
the property lines of the street fronts and from front
door to front door and in a direct line across st:eeet inter ...
sections where they occur; provided. that this section
shall not apply to any place of business actually operated
by a person holding a valid permit from the Texas Al·
coholic Beverage Commission on the effective date of
this Ordinance. 11
SECTION 2, 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 3. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative method
provided by law.
AND IT IS SO ORDERED.
Passed by the Council on first reading this 26th day of July, 1973.
Passed by the Council on second reading this 9th day of Au t, 1973.
MORRIS W. TURNFR, MAYOR
Approved as to form:
ity Secretary-Treasurer~~,,
Fred O. Senter, Jr., City Atto-.;
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C. 1, Art. II, § 23 LUBBOCK CHARTER C. 1, Art. II, § 23
standards, and to provide penalties for failure to use or conform to the same, -
and to provide for inspecfion fees.
Buildings--Electricity--Sewer--Gas--Plumbing
To provide for the issuance of permit s for the erection of all buildings;
for the inspection of the construction of all buildings in respect. to proper wiring
for electric lights and other electric · appliances as well as piping for gas, ·
flues, chimneys, plumbing and sewer connections, and to make and enforce
proper regulations in regard thereto.
Keeping of Statistics
To provide for the gathering within the City, the filing, the recording
and keeping of any character of public statistics; to prescribe the forms of blank
reports and books that shall be used in connection therewith; to determine w ro
shall make and file any such report, and to provide a penalty for failure to do so.
Buildings--Fire Limits ---Condemnation of, Etc.
To provide for the establishment and designation of fire limits; to pre-
scribe the kind and character of structures to be erected therein; to provide
for the erection of fireproof buildings within said limits and for the condemna-
tion of dangerous or dilapidated structures ·which are calculated to increase
the fire hazard, and to prohibit the repair of wooden or ironclad buildings in
the fire limits which have been damaged by fire to within fifty percent of the
sound value thereof and may prescribe the manner of ascertaining such dam-
ages and direct the removal and abatement thereof.
Fire Escapes--Exits--Buildings
To require the construction a.nd det~rmine the sufficiency and cffl~c\!ttildi
the safety of all exits and fire escapes on and in all public buildings,/hotels, ngs
apartment houses, rooming houses, hospitals, theatres and store buildings
w i~hin said City, and to enact and enforce all ordinances and resolutions nec-
essary to regulate the safety thereof.
Public Amusements--Sale of Liquor
To provide for the establishment of districts and limits within said City,
wherein saloons for the sale of spiritucus vinous and malt liquors ms.y be lo-
cated and maintained, and to prohibit the sale of such liquors, or the location
of such saloons within such defined districts or limits, to regulate the loca-
tion and control the conduct of theatres, moving picture show, vaudeville shows,
dance halls_. ten-pin alleys, pool halls, and all other public amusements.
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:. 1, Art. III, § 7 LUBBOCK CHARTER C. 1, Art. IV, § 1
'.Fines and Costs
Section 7. All costs and fines imposed and collected by the said Court shall
:>e paid into the City Treasury for the use and benefit of the City, provided that
::osts taxed against a defendant shall conform to as near as may be, but shall
.n no case exceed the amount prescribed by law to be collected of Defendants
::onvicted before justices of the pe·ace.
Jury and Witness Fees--Adoption of State Law
Section 8. The provisions of Articles 915, 916, 917, 918 and 919 of
2 hapter 5, Title 22·, of the Revised O.Vil Statutes of the State of Texas relating
to the jury and witness fees, enforcing the attendance of witnesses upon said .
Court, and authority of the Court to punish for contempt, service of process,
execution and issuance of writs, and proceedings in relation to peace bonds and
similar bonds, are hereby adopted as part of this Charter.
Fee System Abolished for Officers
Section 9. The fee system for compensation of officers of said Court is
hereby abolished; the City Commission shall prescribe the salary of the re-
corder of said Court and the City Attorney, payable montqly, and the commission
shall employ any licensed attorney or firm of attorneys for the City to appear
both before said Recorder's Court and in all matters in which t he city may be
interested, and shall fix the compensation therefor to be payable in monthly in-
stallments. (As amended Dec. 10, 1925.)
Enforcement of Judgments of Corporation Court;
Working Prisoners
Section 10. To enforce the judgments of said Court the governing authority
of said City may establish, maintain and regulate the City prison, workhouses
and other means of punishment for vagrants, city convicts and disorderly per-
sons, and such hospitals, orphanages and char itable institutions as may be
deemed expe dient by the governing authority.
ARTICLE IV.
Initiative and Referendum
Section 1. Any proposed ordinance m ay be submitted to the Commission
for adoption, and any ordinance or resolution passed by theCommission may
be submitted to the people for repeal. In either event the ordinance or resolu -
tion proposed to be adopted or repealed shall set out in a written or printed
instrument which shall be filed with the person exercising the duties of City
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C. 1, Art. IV, § 1 LUBBOCK CHARTER C . 1, Art. IV. § 1
Secretary, and at the time of filing such written or printed instrument, and attached '
thereto, there shall be filed a statement signed by not less than five (5} qualified ~
voters of the City of Lubbock, stating that they have proposed such ordinance or
resolution for adoption or repeal, as the case may be, before any signatures are
procured to the petitions hereinafter provided for.
Initiating Committee; Re~erring Committee
In the event the ordinance or resolution is one proposed to be adopted,
such electors shall be regarded as the 11initiating committee," and in the event
it is desired to repeal an ordjnance or resolution already existing such electors
shall be regarded as the "referring committee. "
Petition Required to Submit Ordinance
Before any such ordinance 01' resolution may be submitted to the Com-
mission for adoption or repeal,it shall be necessary that a petition signed by not
less than twenty-five ( 25) per cent of the qualified voters within the City of
Lubbock, as determined by the number voting at the last regular municipal
election, shall be presented to•the Commission, referring to such ordinance or . . ·~ ., ________ ·-~--.--~.•·--.... ·------... resolution and requesting its adoption or :re-peal, as the case may be. All such
p etitions circulated for signatures shall be uniform in character and shall eac h
have attached to the same an exact written or printed copy of the propbsed
ordinance or resolution sought to be adopted or r_epea1ed, and shall be filed with
the person discharging the duties of City Sec;retary within sixty days from the
filing of the statement hereinabove r eferred to.
Petition --Signatures --Affidavit
Each signer of a p~tition shall sign his name in ink or indelible pencil, in
his _own handwriting. and shall place on the same, foEowing his name. his street
J'nu1T,1ber or place of residence within the City. The sig,,,,na\ures to any such peti-
'Ytion need not all be attached to the same paper, but to each such paper there
shall be attached an affidavit, by the circulator thereof stating t.he number of
signers to such part of the petition, and that eacb signature is genuine and. that
of the person whose name it purports to be and that it was roade ln the presence
of the affiant.
Petition--Proceedings afte r Filing Petition
When signatures have been obtained in the number above pr_ovided for and
the petition and statement have been filed with the person exercising the duties
of City Secretary, such officer shall submit all papers pertaining to such ordi-
nan9e by resolution, and its proposed initiation or referenc e to the Commission
at its next regular meeting and such offic:ers ~~al 1 mail_,j:o each of the members
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