Ord 156-83 12/6/1983 ORDINANCE NO. &4_L
ORDINANCE GRANTING WAIVER OF SECTION 4-24 OF THE
CODE OF ORDINANCES FOR PROPERTY AT SOUTHEAST
CORNER OF BROAD AND 14TH STREETS, CONCERNING
MEASUREMENT FROM SCHOOL TO PLACE WHERE ALCOHOLIC
BEVERAGES ARE SOLD.
WHEREAS, Section 4-24 of the Code of Ordinances, which is
authorized by Section 109 .33 of the Texas Alcoholic Beverage Code,
prohibits the sale of alcoholic beverages by a dealer whose place
of business is within three hundred (300) feet of a school, the
measurement to be from the nearest property line of the school
to the nearest doorway by which the public may enter the place of
business, along street lines and in direct line across intersections;
and,
WHEREAS, 7-Eleven Food Stores has requested a waiver of this
ordinance for the property at the southeast corner of Broad and
14th Streets, for the reason that a convenience store at this
location previously sold beer, until the license was allowed to
expire on August 26, 1983; further, numerous convenience stores on
Broad Street sell wine and beer; further, Austin School faces 13th
Street and is almost a block away, and there is a chain link fence
completely around the property of the school which does not allow
any access to the location in question except on 13th Street and
a block away; and,
WHEREAS, the state statute provides that the City Council may
allow variances to this regulation if they determine that enforce-
ment of the regulation 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 an applicant for
a license or permit, does not serve its intended purpose, is not
effective or necessary, or for any other reason the City Council,
after consideration of the health, safety, and welfare of the
public and the equities of the situation, determine is in the best
interest of the community; and,
WHEREAS, the City Council finds that the above conditions
exist and that a waiver should be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The provisions of Section 4-24 of the Code of Ordinances
are hereby waived to allow the issuance of a permit for the sale
of vinous and malt liquors and beer, to consumers for off-premise
consumption, on the parcel or tract of land at the southeast corner
of the intersection of Broad and 14th Streets .
PASSED AND APPROVED this the ‘7#4- day of December, 1983 .
A Y 0 R
ATTEST:
City Clerk
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
(Paste Clipping Here)
On this . 7 s day of , nPrpmhpr
A.D. 1983. personally appeared before me, the undersigned authority
Toni Belvedere , bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the
Wichita Falls Record News, a newspaper published at Wichita Falls in
duly County, Texas, and upon being du y sworn by me, on oath states
copy of advertising
i. is true and correct c g
that the attached,advertisement s a pY
published in ONE(1) issues thereof on the following
dates:
I WAIVER OF SECTION 4-24 Dec. 14
•
OF THE CODE OF ORDI-
NANCES FOR PROPERTY
AT SOUTHEAST CORNER OF
ORDINANCE NO. 148-83 BROAD AND 14TH STREETS, of ".r. i .�
AN ORDINANCE CLOSING, CONCERNING MEASURE-
VACATING,AND ABANDON- MENT FROM SCHOOL TO I Bookkeeper for Times Publishing Company
ING A TWENTY-FIVE (25) PLACE WHERE ALCOHOLIC
FOOT WIDE ALLEY I N BEVERAGES ARE SOLD. of Wichita Falls
BLOCK 155 OF ORIGINAL ORDINANCE NO. 157-83
TOWNSITE, AN ADDITION AN ORDINANCE WAIVING
TO THE CITY OF WICHITA SECTION 9(L)(4) FRON- 'scribed and sworn to before me this the day and year first above
FALLS,TEXAS. TAGE, OF APPENDIX A OF
ORDINANCE NO. 149-83 THE CODE OF ORDINANCES
AN ORDINANCE CLOSING, (COMPREHENSIVE SUB-
VACATING,AND ABANDON- DIVISION ORD. NO.2118) CI-
WI A UTILITY (15) FOOT TY OF WICHITA 4-0,PARK- /�. /1 ! 1
WIDE UTILITY EASEMENT TEXAS FOR LOT 4-D,PARK- �- �� `
IN LOT 1, BLOCK 20, MID- WAY ADDITION.
WESTERN PARK,AN ADDI- ORDINANCE NO. 158-83
TION TO THE CITY OF ORDINANCE PERMITTING
WICHITA FALLS, TEXAS. WICHITA FALLS FIREFIGH-
ORDINANCE NO. 150-83 TERS WHO ARE MEMBERS
ORDINANCE AMENDING OF THE WICHITA FALLS
SECTION 7-15 OF THE CODE FIREMEN'S RELIEF AND r.•"""•a
OF ORDINANCES ADDING RETIREMENT FUND TO DE- rtAi•••PL"�% PAM BURKS
FOR REINSPEC- FER FEDERAL INCOME ( ?=. *'so'; S S
TION FEES AND INSPEC- TAXESON THEIR MONTHLY
€*! 3*= NOTARY PUBLIC—TEXAS
TION FEES OUTSIDE CITY CONTRIBUTIONS TO THE j ANC iro:
LIMITS. PENSION FUND FROM THE My Commission Expires 11.985
ORDINANCE NO. 151.83 TIME CONTRIBUTIONS ARE "a.`,aF,�.a•
ORDINANCE AMENDING MADE TO THE LATER TIME
SECTION 14-71 OF THE CODE BENEFITS ARE RECEIVED •
OF ORDINANCES TO FROM THE FUND.
CHANGE THE MINIMUM ORDINANCE NO. 159-83
PERMIT FEES AND INSPEC- ORDINANCE TO REPEAL
TION FEES OUTSIDE THE ORDINANCE 116-83 PER-
CITY LIMITS. TAINING TO WATER RATES
ORDINANCE NO. 152-83 AND OPERATING PROLE-
' ORDINANCE AMENDING DURES FOR RETAIL CUS-
SUBSECTION 7 OF SECTION TOMERS USING RAW WA-
18-V2-2 OF THE CODE OF OR- TER ONLY AND TO INSTI-
DINANCES TO PROVIDE- TUTEAREPLACEMENTOR-
FOR MECHANICAL CODE DINANCE.
PERMITS OUTSIDE CITY /s/Wilma Thomas,City Clerk
LIMITS.
ORDINANCE NO. 153-83
ORDINANCE AMENDING
SECTION 27-22 OF THE CODE
OF ORDINANCES TO
CHANGE THE PERMIT
FEES.
ORDINANCE NO. 154-83
ORDINANCE AMENDING
SUBSECTION (106.3)OF THE
PLUMBING CODE, TO ADD
PARAGRAPHS ( b )
THROUGH (f)CONCERNING
PERMIT FEES.
ORDINANCE NO. 155-83
ORDINANCE MAKING AN
APPROPRIATION FROM
THE GENERAL EQUITY
FUND TO ACCOUNT NUM-
BERS LISTED BELOW, AND
D E C L A R I N G AN
EMERGENCY. .
ORDINANCE NO. 156-83
ORDINANCE GRANTING