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Home My WebLink AboutOrdinance No. 93-19 �RD�NANCL NQ. 93-19 AN ORDINANCE �MENDTN�G 'I'�IE Ct3DE t�F ORDINANCE5 OF THE CITY OF F'RIE�DSWOOD, TEXAS, 8Y ADDZNG Tts ARTICL£ II OF CHAPTER 8 THERE4F � NEW SECTION 8-26.5, ,AND BY DELETING THE TITLE �F S�CTION B-2'7 �HEREOF AND SUBSTITCJ'�ING THEREFOR A NEW �'ITLE FUR &ECTION 8°27; PROVIDING CLARIFICATTON O�' ENFt3RCENlENT OPTIQNS FC�R VIOLATIO�i OF COD� PROVISIONS RELATIIVG TO JUNK VEHZC�,ES; AND PROVIDING FOR SEVERABILITY. * * * * * HE T'� ORDAINED �Y TAE CI�I'Y CaUNCIL OF THE CITY OF FRIENDSWOOD, ►7 iCi1Tr Vi 1��Yiii�7 s ��ct3on 1. Th� Code of Ordinances of th+e City of �'rign8sw+�ori, T�xas, is her�by amendec� by �ddanq to Article II of Ghapt�r 8 thereof a n�rr Sectiota 8-Z6.5 to provid� as follauass "'6eC, 8-26.5. F�for�cement Optian . �y person vio�at�g,q a grovisic� of �his Art�,cle ma�� b� �ubie� to the $�l�►inistrativ� abatement proce�,,g a��_ orth n e t' - 7 c My�.��g� Cou�t o;� the CYty of Friendawood under t�ie ognal gxa�is�Qn o� Sectioa� 8-�21 �r both Section 2. The Cade af �rdin�nces of the City af Friendswoosi, 'Texas, i� hereby further amer�d�d by str�kinq the title cf 5ection 8-�7 of Artia�e II nf Chapter 8 thereof, which provides as �o3lo;vs: (Sec. 8p27. Administration and Autharity tcr EnfvrCe. j and �ubstituting therefor a new title far Sectiorr 8-2? to provide as follows: "Se�. 8-�7,._ Asi�inistrative Abatemen� Process. " �ct�o_r}�3. �e�rer�bilitv. In the event any claus�, phrase, provi�ion, s�ntence, or part of this ordir�a�ace ar the applicatinn wv�uuHKVE►a,afw�a,as og the s�me t� a�y p�rs�n or C1rCLiT[l9t8�C6 sh�ll for any reason be adjudg�d invalid or ri�ld unconstitutianal by a court of co�petant ��xisdicti�n, it �hall not affeot, impair, ar invalidate this ardinanae as a whol� or any ga�t ar p�ov�si�n hereof other than the part de��sr�d to be inv�lid or �nconstitutianal; a�d the City Cauncil af the Cit� of Friend��ood, Texas, dec�ares that it would have p�ssed each and every part of th� same n�twithstanding the �missian of eny such pazt thus decl.ar�d to be invalid or �unoonst.�tutic�nal, whe�l-��r there be one or more parts. PASSED AND APPROVED on first zeading thia 13th day af 5eptember r 1993. PA�SED, APPROVED, .AND ADOPTED on second and final reading this 27th day of September , 3993. � �ve].yri . Newma M�yor ATTEST: . � Delorle McK nz , CMC City secretary F1ND4iUNKVEN.OfiRVI404Y3 �2'� ORDINANCES � September 13, 1993 Ordinance 93-14: First reading of an Ordinance repealing Ordinance 91-33. Ordinance 91-33 amended Ordinance 91-3 by adding the restriction prohibiting the sale of beer and liquor within 300 feet of a residence. You asked the City Attorney to research the existing law and determine if there is an amendment to this ordinance that wauld be acceptable under the Alcoholic Beverage Code, in view of the recent Texas Supreme Court Ruling on a like provision of the City of Dallas. I have discussed the matter with John Olson, and he once again referred me to his memo on the matter given to you in my previous report. We provide it again for reference. He is of the opinion, and I agree, that the ruling is so specific that any language except the exact language of the Alcoholic Beverage Code will be rendered nonenforceable. He has recommended repealing Ordinance 91-33 in its entirety. He has stated that the only other way we can regulate the location is through the zoning ordinance, but must do so �^"^ carefully. I have asked David Hoover to research the likelihood of this approach, in view of the current zones, and the current usage outlined in the zones in the Intended Use Table adopted by the Council. He has been reviewing the possibility and believes the Table can be amended to properly zone, particularly for restaurants in certain places. We need to be careful with this, however, as it may affect the Economic Development Council's efforts to locate a restaurant in the city. It takes away some or most of the flexibility we may have and may eliminate the location that has been discussed at Clear Creek in Aarris County. You will likely have several people at the meeting to speak against the changing of this ordinance. Regardless of our personal opinion, it is the opinion of staff that the prudent thing to do is approve this amendment to avoid unnecessary litigation in the future. Granted we do not know when that may come, if ever, but it is a significant possibility in this case. Mayor Newman has suggested the possibility of preparing and adopting a resolution to TML to support legislative changes in this area which would allow cities to regulate, within the law, the Iocation of sales near residences and residential areas. If you agree, we can work to develop such a resolution, submit it to TMI, for their consideration in their legislative package, and follow-up for the next session of the Legislature. .�.--- Ordinance 93-16: Second reading of an ordinance to rezone a r facility at 1501 West Parkwood at SunMeadow from CSC to SP Veterinary Hospital. This is second and final reading on this item. The first reading was adopted unanimously. Ordinance 93-17: First and final reading of an ordinance approving and adopting the operating budget of the City of Friendswood for the fiscal year 1993-1994. Assuming you are ready for action on the budget, the ordinance has been prepared and posted. The Charter allows the ordinance to be adopted on one reading. Ordinance 93-18: First and final reading of an ordinance to set the tax rate for 1993 to provide for the assessment, levy, and collection of ad valorem taxes. The ordinance to set the tax rate for calendar year 1993 to appropriate the funds for the budget is prepared for your approval. This tax rate is the same as last year--$.663 per $100 evaluation. °""" Ordinance 93-19• First reading to amend junk vehicle ordinance o clarify en orcement options. The language of this ordinance left some confusion as to the administrative process and when it would be implemented. Our city attorney agreed it was workable in the current format, but it was decided the language should be changed in order to eliminate any further confusion from those being held accountable to it. The word "may" was inadvertently omitted as a typo from the posted ordinance. We have attached a copy of the first page of the ordinance indicating where the word "may" will be inserted. To further clarify the issue, I have asked Chief Stout to prepare a memo, which is attached. REC Attachments 1) Memo from John Olson concerning Alcoholic Beverage Code. 2) Memo from David Hoover concerning Alcohol Sales/Zoning 3) Copy of first page of Ordinance T93-19. "��' 4) Memo from Chief Stout concerning junk vehicle ordinance. CMK9309.1I/KSN02/AGENDA September 13, 1993 -- - = _ . � ORDINANCE NO. 93-19 AN ORDINANCE AriENDI2IG T'r�E CODE OF ORDINANCES OF THE CITY OF FRIEi�DSWOOD, TEXAS, BY ADDING To ARTICLE II OF CfIAPTER 8 THEREOF A NEW SECTION 8-26. 5, ArID BY DELETING THE TITLE OF SECTION 8-27 THEREOF AND 5UBSTITLJTING Z'IiEREFOR A NEW TITLE FOR SECTION 8-27; PROVIDING CLARIFICATION OF IIdFQRCEMENT OPTIONS F4R VIOLATION OF CODE PROVISION5 RELATING Z`O JUNK VEHICLES; AND PROVIDING FOR SEVERABILITY. * * � * * BE IT �RDAINED $Y TAE CITY COUNCZL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS: Sect�.on 1. The Code of Ordinances of the City of Friendswood, Texas, is hereby amended by adding to Article ZI of Chapter 8 thereof a new Section 8-26.5 to provide as follacas: "Sec. 8-26. 5. En�orcement Optian�. $�y nerson vio�tina a brov3aion of this Article mav ba s�u}��ect to t�e adrninistrativ� abatemertt process as set for�h �n Seetian 8-27 below mav be crim�,�v Aro��cuted in th� ��icipal Court of th� Citv of �'riendswoQd,�nder the penal pravision of Section 8-32, or both. PASSED AND APPROVED on first zeading this 13th day of September , 1993. PASSED, APPROVED, A21D ADOPTED on secQnd and final reading this 27th day of September , 1993. � EveZyn . Newma Mayor ATTEST: S Deloris McK nz , CMc City Secretary *THE FRIENDSWOOD JOURNAL LEGAL DEPT. �`THE FRIENDSWOOD REP'�ORTER LEGAL DEPT. *PLEASE PUBLISH November �2 , 1993 , *An Affidavit of Publication is requlred