HomeMy WebLinkAboutO-2001-1000-1-J
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ORDINANCE NO. 1000-1-J
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, GRANTING A VARIANCE TO
CHAPTER 6, SECTIONS 6.2 AND 6.3 AND AMENDING CHAPTER 6, SECTION 6-78
OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY PERMITTING
THE SALE AND CONSUMPTION OF BEER AND/OR WINE AT A RESTAURANT
LOCATION SITUATED WITHIN 300 FEET OF A PUBLIC SCHOOL AND SITUATED
ON CITY-OWNED PROPERTY AND BY ADDING AN AREA AT A RESTAURANT
WHERE WINE AND/OR BEER FOR CONSUMPTION ON THE PREMISES MAY BE
SOLD; FURTHER PROVIDING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, the City of La Porte has, in Chapter 6 of the Code of Ordinances of
the City of La Porte, regulated the location, closing hours, and sale of wine and/or beer
on premises in accord with provisions of Texas Codes Annotated, Alcoholic Beverage
Code, Chapter 105, Section 105.05 and Section 105.06; and in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code, Chapter 109,
Subchapter C, Section 109.31 et seq; and
WHEREAS, the Code of Ordinances of the City of La Porte expressly limits the
locations at which wine and/or beer may be sold in the City, and further expressly
identifies the names of establishments and permit holders authorized to sell wine and/or
beer under the terms of said Code; and
WHEREAS, a new applicant desires to sell wine and/or beer at a location not
previously permitted in the Chapter 6 of the Code of Ordinances of the City of La Porte;
and
WHEREAS, the City has determined that the new applicant is requesting a
permit to serve beer and/or wine at a restaurant location situated within 300 feet of a
Ordinance No. 1000-1-_
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public school within the La Porte Independent School District and is also on property
owned by the City of La Porte at the La Porte Municipal Airport; and
WHEREAS, the City Council of the City of La Porte called a public hearing on the
22"d day of October, 2001, at 6:00 p.m., pursuant to due notice, to consider the
proposed issuance of a variance to Chapter 6 of the Code of Ordinances of the City of
La Porte which would be required in order to issue Applicant a permit to serve beer
and/or wine at the restaurant location proposed by Applicant. There is attached to this
Ordinance as Exhibit "A", incorporated by reference herein and made a part hereof for
all purposes, a copy of the notice of public hearing which the City Council of the City of
La Porte hereby finds was properly published and posted. The publisher's affidavit of
publication of notice of said hearing is attached hereto as Exhibit liB II , and incorporated
by reference herein and made a part hereof for all purposes; and
WHEREAS, the City finds that the Board of Trustees of the La Porte
Independent School District met in a SpeciallWorkshop Meeting on the 25th day of
September, 2001, to consider the Applicant's request for issuance of a permit to serve
beer and/or wine at a restaurant location situated within 300 feet of a public school.
The City Council of the City of La Porte is in receipt of the written statement from the
Board of Trustees of the La Porte Independent School District indicating that the School
District does not oppose the proposed location for said restaurant, by letter dated
September 26, 2001, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes; and
Ordinance No. 1000-1-Je
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WHEREAS, the City has, pursuant to the terms of said Code, made its
investigation to ascertain whether, if said variance is granted, said new applicant would
qualify for a beer and/or wine permit from the City; and
WHEREAS, the City has determined that the issuance of a variance to Chapter 6
of the Code of Ordinances of the City of La Porte is desirable and should be approved
by the City Council; and
WHEREAS, the City has determined that the new applicant therefore qualifies for
a beer and/or wine permit from the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. Pursuant to Chapter 109.33 of The Texas Alcoholic Beverage
Code, Applicant is granted a variance to Chapter 6, Section 6.2 of the Code of
Ordinances of the City of La Porte, permitting the serving of beer and/or wine at a
restaurant location situated within 300 feet of a public school within the La Porte
Independent School District. Said variance is granted to Applicant named below in
Section 3 of this ordinance at the specific location stated therein.
Section 2
Applicant is granted a variance to Chapter 6, Section 6.3 of the
Code of Ordinances of the City of La Porte, permitting the serving of beer and/or wine
at a restaurant location situated on City-owned property. Said variance is granted to
Applicant named below in Section 3 of this ordinance at the specific location stated
therein.
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Section 3. Chapter 6, Section 6-78 of the Code of Ordinances of the City of La
Porte is hereby amended by granting a new permit for the operation of a restaurant, as
defined in said Code, at the following location, which permit shall be personal to the
Applicant, and non-transferable, and shall be further conditioned that the permittee shall
comply with the provisions of the Texas Alcoholic Beverage Code, and all other
applicable federal, state, and local laws and ordinances, including other provisions of
this ordinance and the Code of Ordinances of the City of La Porte;
STREET ADDRESS OF PROPERTY: 10615-% West Main, La Porte, Harris
County, Texas 77571
LEGAL DESCRIPTION OF PROPERTY: LOTS 1, 2 and 3, of TR 4A, BLK 1
and LOTS 1, 2, 3 and 4, of TR 5, BLK 2 of the W. J. Payne Survey, Town of La
Porte, Harris County, TX
PROPERTY OWNER: City of La Porte, Texas
NAME OF APPLICANT: Sherrie Jo Williams
ADDRESS OF APPLICANT: 616 N. Shady Lane, La Porte, Texas 77571
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Rixsters
Restaurant
Section 4. It is the intent of the City Council of the City of La Porte that this
Ordinance merely permit the sale of wine and/or beer during the hours set by the
general laws of the State of Texas by retailers selling wine and/or beer for consumption
on premises at the locations established in Section 3 of this Ordinance. This Ordinance
is not an attempt to create zoning or other land use rights of property owners at said
location such that the provisions of Chapter 106 of the Code of Ordinances of the City
of La Porte, the City of La Porte Zoning Ordinance, together with all amendments
thereto (as such provisions impose standards on premises or businesses within the City
of La Porte, regardless of whether such business or premises are required to have a
license or permit under the Texas Alcoholic Beverage Code) govern and supersede the
Ordinance No. 1000-1-J-
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provisions of this Ordinance, in the event of a conflict between this Ordinance and the
provisions of the Zoning Ordinance and amendments thereto. This application for wine
and/or beer for consumption on premises shall be subject to the provisions of:
a. The Texas Alcoholic Beverage Code;
b. Chapter 6 of the Code of Ordinances of the City of La Porte, except for
variances granted herein;
c. This Ordinance insofar as this Ordinance does not conflict with the provisions
of the Texas Alcoholic Beverage Code; and
d. The Zoning Ordinance of the City of La Porte, and all amendments thereto,
as such provision apply to all businesses within the City of La Porte,
regardless of whether or not such businesses are required to obtain a license
or permit under the provisions of the Texas Alcoholic Beverage Code.
Section 5. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section, sentence,
phrase or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
Section 6. 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 the Chapter 551, Tx.
Gov't Code; and that this meeting has been open to the public as required by law at all
Ordinance No. 1000-1-J-
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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.
Section 7. This variance granted in Sections 1 of 2 of this Ordinance shall
expire instanter, unless Applicant receives City of La Porte approval of their sub-lease
agreement on the property and applies for, is qualified to receive, and in fact receives a
building permit, and a certificate of occupancy pursuant to the Codes and Ordinances
of the City of La Porte, and the laws of the state of Texas, on or before April 22, 2002.
Section 8. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED this the 22nd day of October, 2001.
ATTEST:
1!lIl1ll1OJ (lAaL
Ma a Gillett, .
City Secretary
Knox W. Askins,
City Attorney
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. . . . . . - Sandra E. Bumgarner
Notary Public
Harris County, Texas
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EXHIBIT A & B
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281-471-1234
Fax: 281-471-5763
re Sun
'Serving The Bayshore Area Since 1947'
,2001
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EXHIBIT C
E\:C ELLENCE.
;, L-'1 Porte I~O tr;:UlitlOIl
-.- La Porte IndeQendent School District
Business Office Annex
David Webb, CFO / Assistant Superintendent for Business
301 E. Fairmont Parkway La Porte, Texas 77571
281.604.7045 phone 281.604.7047 facsimile
webbd@laporte.isd.esc4.net
September 26, 2001
City Secretary's Office
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
To whom it may concern,
At the monthly Board of Trustees workshop held on Tuesday, September 25, 2001, the
La Porte ISO Trustees approved a measure supporting the establishment of a
restaurant at the airport. The restaurant is to be established by Rick and Sherrie
Williams, individual taxpayers in La Porte, and is tentatively to be named Rixters.
The Board of Trustees voted 0 against, 1 abstaining and 6 for support of the
restaurant. Minutes of the meeting from Board Secretary Jean Williams are attached.
The restaurant will be within 300 feet of a driveway leading to Rizzuto Elementary
School. It was the Board's determination that this posed no threat as the driveway runs
a significant distance behind the school and the elementary students attending would
not be subject to alcohol sales.
Please let us know if additional input from the District is required.
Sincerely I
~Wt-
David Webb
RECEIVED
OCT 0 3 2001
CITY SECRETARY'S
OFFICE
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BOARD OF TRUSTEES
LA PORTE INDEPENDENT SCHOOL DISTRICT
Minutes
.SpeciaJlWorkshop Meeting
COpy FOR YOUR
INFORMATION
Board Room, Administration Building
September 25, 2001
Present:
Gordon WeEitmoreland, Bill Baker, Jay Guillot, Gene Horn,
Dr. Charles Hilborn, Chris Osten, and Debi Krampen.
Administrators:
Drs. Sawyer, Pitre, Iles, and Owens, Jim Schul, David Webb,
Mike Clausen, Beth Rickert, principals and other administrators.
I. BOARD TRAININGIWORKSHOP
At 6:00 pm, Hazel McSwain presented the Title 4 Report: Safe and Drug-free Schools
and Communities as required by law; Dr. Iles then explained how the District's
student discipline policy was developed and updated each year according to the
directives of Texas Education Code, Chapter 37, Discipline: Law and Order. (Attached
to bound minutes)
ll. OPENING
At 7:19 pm, the president called the meeting to order and announced that a notice
of the meeting had been posted in a manner required by law, and that a quorum
was present.
President Westmoreland solicited the superintendent and Board members for items
to be discussed in Closed Session. It was a request of Dr. Sawyer's that:
1. VI. Discussion/Information, item 2 be discussed in Closed Session.
m. BUSINESS
1. Bill Baker moved, seconded by Gordon Westmoreland, to TABLE
action on the Freeport Exemption at this time since not enough companies
have signed their intent for the exemption at this time. Motion carried
unanimously. (Attached to bound minutes)
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(III. Business, continued)
2. Chris Osten moved, seconded by Jay Guillot, to grant support to Rick
and Sherrie Williams for a liquor license for their proposed restaurant
on Spencer Highway near Rizzuto Elementary. Motion carried with
Trustees Osten, Westmoreland, Hilborn, Guillot, Horn, and Krampen
voting yea and Trustee Baker abstaining because of a possible conflict
of interest. (Attached to bound minutes)
3. Bill Baker moved, seconded by Gene Horn, to approve two (2) budget
amendments as presented. Motion carried unanimously. (Attached
to bound minutes)
IV. PERSONNEL
1. Chris Osten moved, seconded by Bill Baker, to approve the employment
of a non-instructional employee (electrician). Motion carried unani-
mously. (Attached to bound minutes)
V. OPERATIONS
1. Bill Baker moved, seconded by Debi Krampen, to approve the
revised energy consulting services proposal from Comfort
Systems USA, ESS Engineering through the procurement
stage of electrical deregulation in the amount of $19,000. Motion
carried unanimously. (Attached to bound minutes)
VI. DISCUSSION/JNFORMATION
1. Chuck Davis, Webmaster & Director for Educational Technology,
discussed the Internet Safety Plan and the current status of the plan
how safeguards have been put in place to protect students'access to
undesirable web pages. (Attached to bound minutes)
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OCT 18 '01 08:55~M L~P~ I 5 D
P.2/2
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(VI, Discussionllnformation, continued)
At 8:31 pm, the Board ncessed the Open Session to convene ill Closed Session
1Dlder Sectim1561.072 for the purpose of di8cussiDg the purchase, excbaDge,
lease or value of real poperty.
At 9:00 pm. the Board ncessed the Closed Session and reconvened in Open
SessioD.
2. Dr. Sawyer discussed the possible future purchases/sales/exchange
of properties in Closed Session.
vn. ADJOURNMENT
At 9:02 pm, Chris Osten moved, seconded by Jay Guillot, to adjolU'D the meeting.
Motion carried unanimously.
GtnLLOT,SECRE ~y
BO OF TRUSTEES OF THE
LA PORTE INDEPENDENT SCHOOL DISTRICT
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GORDON WESTMORELAND, PRESIDENT
BOARD OF TRUSTEES OF THE
LA PORTE INDEPENDENT SCHOOL DISTRICT
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