HomeMy WebLinkAboutO-1999-1000-1-E
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ORDINANCE NO.1 000-1---E-
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, 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 FOR AN 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, pursuant to the terms of said Code, made its
investigation to ascertain whether said new applicant has qualified for a beer and/or
wine permit from the City; and
WHEREAS, the City has determined that the new applicant qualifies for a beer
and/or wine permit from the City;
Ordinance No. 1 ooo-~
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF LA PORTE:
Section 1. 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: 1 Sylvan Beach Drive, La Porte, Harris
County, Texas 77571
LEGAL DESCRIPTION OF PROPERTY:
Beginning at a point in the East right-of-way line of Bayshore Drive from which a
five-sights inch iron bar bears South 81 degrees 28'54" West a distance of 97.09
feet, said iron bar marking the Northeast corner of Block 49 of the Sylvan Beach
Subdivision as recorded in Volume 3 at Page 72, said iron bar being in the West
right-of-way line of Bayshore Drive (80 feet wide) at Circle Drive.
Thence North 26 degrees 00' 00" East along the said East right-of-way line of
Bayshore Drive, as fenced, a distance of 200.00 feet to a point for an angle to
the left;
Thence North 8 degrees 26' 18" East along said fence, a distance of 143.17 feet
to a point for an angle to the right;
Thence North 14 degrees 05' 07" East along said fence, a distance of 44.50 feet
to a gate post for corner;
Thence North 86 degrees 26' 52" East, leaving said fence, along a line 0.80 feet
South of an parallel to a paved driveway, a distance of 81.62 feet to a point for
corner;
Thence North 26 degrees 00' 00" East along a line established by the back of
curb of a traffic island beginning at 36.00 feet and ending at 44.00 feet, in all a
distance of 130.81 feet to a point in the back of curb of a parking lot for corner;
Thence South 64 degrees 00' 00" East a distance of 436.53 feet to a point for
corner on the Bayside of a wooden bulkhead;
Ordinance No. 1000-fe
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Thence in a Southwesterly direction along the meanders of the Bayside of said
wooden bulkhead a distance of 551.11 feet to a point for corner;
Thence North 64 degrees DO' 00" West, a distance of 455.15 feet to the POINT
OF BEGINNING and containing 254,107 square feet (5.8335 acres) of land.
PROPERTY OWNER: Harris County, Texas
NAME OF APPLICANT: Kevin Dennis O'Brien
ADDRESS OF APPLICANT: 132254 % Street, Santa Fe, Texas 77510
TRADE OR BUSINESS NAME OF RESTAURANT BUSINESS: Gulf Coast
Concessions & Catering
Section 2. 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 1 of this Ordinance. This Ordinance
is not an attempt to create zoning or other land use rights in 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
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;
c. This Ordinance insofar as this Ordinance does not conflict with the provisions
of the Texas Alcoholic Beverage Code; and
Ordinance No. 1000-.E
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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 3. 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 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 the 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.
Section 5. This Ordinance shall be effective from the date of its passage and
approval, and it is so ordered.
PASSED AND APPROVED this the a<'{1- day of \fUlJt
,1999.
CITY OF LA PORTE
Ordinance No. 1000-'E
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ATTEST:
~!1JiJI~J1MM
Martha Gillette,
City Secretary
1200 Hwy. 146
Suite 180.
. ~
P.O. Box 1414
.0.,6
The
. County of Harris
State of Texas
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BaYi,ore
'Voice Of The,.;8agsho.re'Since 1947'
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Before me, the undersigned authority, ~thiS date
: came and appeared Karolyn Kellogg, a duly au~riZed
representative of The Bayshore Sun, a SEf\1i-~leek~
newspapers published and generally distributed in ~
City of Ia Porte, Harris County, Texas, and who af~er.
being duly sworn, says the attached notice was
published in The Bayshore Sun dated July 04, 1999
11 -r H day of
SWorn and subscribed before me this
y
, 1999.
,~~,L~
Sandra E. Bumgarner
Notary Public
Harris County, Texas
La Porte, Texas 77571
(713) 471-1234
Sun
PUBLIC NOTICE
..
PUBLIC NOTICE
ORDINANCE 1000-1-E
CITY OF LA PORTE
sf Norman Malone Mayor
ATTEST:
sf Martha A. Gillett, City Secretary
APPROVED:
sf Knox W. Askins, Ci~ Attorney
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The
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'Voice Of T~e.Bagshore.'Since 1947'
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La Porte, Texas 77571
(713) 471-1234
1200 Hwy. 146
Suite 180
P.O. Box 1414
Sun
PUBLIC NOTICE I'
ORDINANCE 100Q.1.E.
ING LAW ~OVIDING A SEVERABILI.
. TY CLAU~-. AND PROVIDING FOR AN
EFFECTIVE DATE.
State of Texas
.,
AN ORDINANCE oj!' HE Cf. OF t..A CITY OF LA.PORTE
PORTE. TEXAS. A fI( . lNG CTION
6-78 OF THE CODE' . . R A~ Clan Malone Mayor
OF THE CITY OF .' RT BY 0- .'. .
ING AN AREA RESTAURA AT
AREA WHERE WINE AND/. R BEER EST:
FOR CONSUMPTION ON THE PREM- Martha A. Gillett. City Secretary
ISES MAY BE SOLD FURTHER PRO-
VIDING A SAVINGS CLAUSE; FINDING APPROVED:
COMPLIANCE WITH THE OPEN MEET- sf Knox W. Askins, City Attorney
County of Harris
Before me, the undersigned authority, on this date
:came and appeared Karolyn Kellogg, a duly authorized
representative of The Bayshore Sun, a sST\i-YTeekly
newspapers published and generally distributed in the
City of la Porte, Harris County, Texas, and who after
being duly sworn, says the attached notice was
published in The Bayshore Sun dated June 30, 1999
.:M~/\A. ~~b
~:tf-~bY
Karolyn Kellogg
Authorized Representative
SWorn and subscribed before me this
~~vJ
3 I:.P.... . day of
, 1999.
~1.4-~
Sandra E. Btnngarner
Notary Public
Harris County, Texas