Ord 131-96 9/3/1996ORDINANCE NO. , �!)\ _' !O
AN ORDINANCE WAIVING SECTION 11 OF ORDINANCE 2491 OF THE CODE OF
ORDINANCES WITH RESPECT TO ALCOHOL SALES WITHIN 300 FEET OF A
STATE SUPPORTED PUBLIC SCHOOL, AND GRANTING THIS WAIVER FOR
PROPERTY LOCATED AT 4105 MAPLEWOOD AVENUE; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council has received a request for a proposed late hours club or combination
of clubs at 4105 Maplewood Avenue where this proposal is within 300 feet of Vernon Regional Junior
College;
WHEREAS, Ordinance No. 2491 of the Code of Ordinances prohibits the sale of alcohol within
300 feet of a state supported school unless the governing board of a city allows a waiver of the city's
ordinance. It must be determined that enforcement of the ordinance in a particular instance is not in the
best interest of the public, constitutes waste or inefficient use of land or other resources, creates an
undue hardship on the applicant for a license or permit, does not serve its intended purpose, or is not
effective or necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. A waiver of Ordinance No. 2491 of the Code of Ordinances is granted to the
proposed 30,000 square feet of land use devoted to the sale of alcohol at 4105 Maplewood Avenue
finding that this ordinance:
A. Would unnecessarily constrain the occupation of uses within a structure which has
historically sold alcohol within 300 feet of Vernon Regional Junior College, and
therefore constitutes waste and the inefficient use of land;
B. Is not effective or necessary, nor serve its intended purpose, due to the existing sale of
alcohol, existing uses similar in nature to that proposed, and continued compatibility
between these uses and Vernon Regional Junior College;
C. Would create an undo hardship upon an applicant by not allowing equal treatment, where
there currently exists, and has existed land uses engaged in the sale of alcohol; and
D. Does not serve its intended public purpose of protecting schools from negative impacts
which may result by the influence of such a use of land upon a school, where it has been
determined by Vernon Regional Junior College that such a proposed use is not contrary
to their purpose of providing an environment conducive to learning, instruction and
safety.
SECTION 2. It is hereby officially found and determined that the meeting at which this ordinance
was passed was open to the public as required by law.
PAGE 10 OF 11 PAGES
AGENDA ITEM NO.
PASSED AND APPROVED this the 3rd day of September, 1996.
M/A YO
ATTEST: -
'n � , & ic-Q
CI CLERK
ORDINANCEN0.121 -96
ORDINANCE WAIVING
SECTION 22 -1 (a)(9) OF
THE CODE OF ORDI-
NANCES TO PERMIT
SIGNS DURING A WICHI-
TA FALLS RADIO CON -
TROL CLUB EVENT
OCTOBER 5TH AND 6TH, 9 Here)
19961N JAYCEE PARK
ORDINANCE NO.122 -96
ORDINANCE WAIVING
SECTION 27 -30 OF THE
CODE OF ORDINANCES
WITH RESPECT TO
PLACING A SIDEWALK 1
ON THE NORTH SIDE
F.M. 1954 ADJACENT TO
THE SOUTH LINE OF
LOTS 1 -6, BLOCK 1, MON-
AGHAN RANCH ESTATES
ORDINANCE NO. 123-96
ORDINANCE WAIVING
APPENDIX A, SUBDIVI
-
SION SECTION 9 (B) (2)
(a) OF THE CODE OF OR-
DINANCES WITH RE-
SPECT TO PLACING
CURB AND GUTTER ON
THE NORTH SIDE F.M.
1954 ADJACENT TO THE
SOUTH LINE OF LOTS 1 -6,
BLOCK 1, MONAGHAN
RANCH ESTATES
ORDINANCE NO. 124-96
ORDINANCE WAIVING
APPENDIX A, SUBDIVI-
SION SECTION 9 (B) (2)
(a) OF THE CODE OF OR-
DINANCES WITH RE-
SPECT TO PLACING
CURB AND GUTTER ON
THE WEST SIDE OF S. LEVAS
WRANGLERS RETREAT lyPLUX
ADJACENT TO THE EAST
LINE OF LOT 69 -A, SEC- OFp
TION FIVE AND THE !!+>tiL77
SOUTH SIDE OF WRAN-
GLERS RETREAT ADJA-
CENT TO THE NORTH
LINE OF LOT 80, SEC-
TION FIVE, LANDRUM &
HENDERSON SUBDIVI-
SION
ORDINANCE NO. 125-96
ORDINANCE WAIVING
SECTION 27 -30 OF THE
CODE OF ORDINANCES
WITH RESPECT TO
PLACING A SIDEWALK
ON THE EAST SIDE OF
HUNTINGTON LANE AD-
JACENT TO THE WEST
LINE OF LOT 1, BLOCK
24, WICHITA VALLEY
FARMS SUBDIVISION
ORDINANCE NO.126 -96
ORDINANCE WAIVING
APPENDIX A, SUBDIVI-
SION SECTION 9 (B) (S)
(a) OF THE CODE OF OR-
DINANCES WITH RE-
SPECT TO PLACING
CURB AND GUTTER ON
THE EAST SIDE OF HUN -
TINGTON LANE ADJA-
CENT TO THE WEST
LINE OF LOT 1, BLOCK
24, WICHITA VALLEY
FARMS SUBDIVISION
ORDINANCE NO.127 -96
ORDINANCE OF THE
CITY COUNCIL OF THE
C I T Y OF W I C H I T A
FALLS, TEXAS, ESTAB-
LISHING A T R E E
BOARD; FINDING AND
DETERMINING THAT
THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN
TO THE PUBLIC AS RE-
QUIREDBYLAW
ORDINANCE NO. 128-96
ORDINANCE REZONING
LOTS 12 & 13, BLOCK 11,
HOMEWOOD HEIGHTS
ADDITION (607 & 609
FLOOD STREET), WICHI-
TA FALLS, TEXAS FROM
SINGLE FAMILY -2 RESI-
DENTIAL TO MULTIFAM-
ILY ZONING (CASE R
96 -10); FINDING AND DE-
TERMINING THAT THE
AA CC T I AI r A T %A/ U 1 l` Ll
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
sill i���La�3
On this day of
5w
A.D............. personally appeared before me, the undersigned authority
1. , t 1.,y Salon
bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times/Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in v :, issues thereof on the following dates:
Bookkeeper f" Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
ORDINANCE NO. 128-96
ORDINANCE NO.130 -96
ORDINANCE REZONING
ORDINANCE REZONING
LOTS 12 & 13, BLOCK 11,
401, 403 AND 405 SWARTZ
HOMEWOOD HEIGHTS
AVENUE, LOTS 5, 6 AND
ADDITION (607 & 609
7, BLOCK 6,SOUTH PARK
FLOOD STREET),WICHI.
ADDITION, WICHITA
TA FALLS, TEXAS FROM
FALLS, TEXAS, FROM
SINGLE FAMILY -2 REST -
RESIDENTIAL MIXED
DENTIAL TO MULTI FAM-
USE TO HEAVY COM-
ILY ZONING (CASE R
MERCIAL ZONING (CASE
96 -10); FINDING AND DE-
R 96 -09); FINDING AND
TERMINING THAT THE
DETERMINING THAT
MEETING AT WHICH
THE MEETING AT
THIS ORDINANCE WAS
WHICH THIS ORDINANCE
PASSED WAS OPEN TO . I
WAS PASSED WAS OPEN
THE PUBLIC AS RE -
TO THE PUBLIC AS RE-
QUIREDBYLAW
QUIREDBYLAW
ORDINANCE NO.129 -96
ORDINANCE NO. 131-96
ORDINANCE REZONING I
ORDINANCE WAIVING
APPROXIMATELY 55
SECTION 11 OF ORDI-
ACRES OUT OF BLOCKS
NANCE 2491 OF THE
26 AND 27, DENTON CO.
CODE OF ORDINANCES
SCHOOL LAND LEAGUE
WITH RESPECT TO AL-
1, WICHITA FALLS, TEX-
COHOL SALES WITHIN
AS FROM S I N G L E
300 FEET OF A STATE
FAMILY -2 RESIDENTIAL
SUPPORTED PUBLIC
TO GENERAL COMMER-
SCHOOL, AND GRANTING
CIAL CONDITIONED
THIS WAIVER FOR
ZONING; FINDING AND
PROPERTY LOCATED AT
DETERMINING THAT
4105 MAPLEWOOD AVE-
THE MEETING AT
NUE; FINDING AND DE-
WHICH THIS ORDINANCE
TERMINING THAT THE
WAS PASSED WAS OPEN
MEETING AT WHICH
TO THE PUBLIC AS RE- i
THIS ORDINANCE WAS
QUIREDBYLAW
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIREDBYLAW