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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-.; a 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. 18. ._, ,.., ,._.,,-,....:,::.,,....,.,_,..:... _ _...,...._,.._,r?n.....,.3':lh'-"_llill'<:: __ .....,.;;......_x K.u...-.:::::-=--...__,.____, _ _, __ ...__.._.. __ ____. ____ ~~----~- :. 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 23. I' ; I ed he 11 / I ng I j 1 l I 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 24. . - c. 1 of Sl m~ orJ: coni: ;;.,- the l ordi Corr sy.cl --th~ re_E eve: res pet! pea eiH ma, ori / or vot upc ing CCI """' or on ex1 na P£: tic at , m, No Text