O-2014-3534 amend Chapter 6,provide variance procedures for alcohol sales within 300 feet of schools, churches and hospitals

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safety and welfare of the public and the equities of the situation, determines that the variance is in the best interest of the community. (e) Before granting a variance under subsection (d) of this section, the City Council shall hold a public hearing to receive input from the public on the requested variance. The city secretary shall publish a notice of the public hearing at least ten (10) days before the hearing date. In addition, written notice of the public hearing before the City Council on the requested variance must be sent to the owners of real property within three hundred (300) feet of the property for which the variance is requested. Separate notices must be sent to any church, child care facility, daycare center, public or private school, or public hospital located within three hundred (300) feet of the property for which a variance is requested and to the superintendent of the school district in which the property requesting the variance is located. The notice may be served by its deposit, properly addressed with postage paid, in the United States mail. (f) The applicant for the variance must reimburse the city for the costs of publishing the notice of public hearing and mailing written notice to surrounding property owners, churches, child care facilities, daycare centers, public or private schools, public hospitals, and school district superintendents before the public hearing is held." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof.