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HomeMy WebLinkAboutORD 98-71 - 1997/98 BudgetORDINANCE NO. c," I AN ORDINANCE AMENDING THE 1997/98 ANNUAL OPERATING PLAN ELEMENT (BUDGET) DUE TO CONDITIONS THAT RESULTED IN YEAR END BUDGET VARIANCES; APPROPRIATING THE VARIOUS AMOUNTS THEREOF; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. WHEREAS, increased customers and weather conditions in 1997/98 have resulted in greater demand for services in the Sanitation and Electric Funds; and WHEREAS, these circumstances have resulted in higher than anticipated expenditures; and WHEREAS, increased demand for Airport fuel has resulted in higher than anticipated expenditures in the Airport Fund; and WHEREAS, the changes were unknown and unforeseeable at the time the fiscal year 1997/98 budget was approved; and WHEREAS, the City Charter allows for changes in the Annual Operating Plan by a Council of a majority plus one in emergency situations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance implements the following policy of the Century Plan - Policy Plan Element: 1. Finance Policy End 5.0, which states: "All municipal operations are conducted in an efficient business -like manner and sufficient financial resources for both short-term and long-term needs are provided", and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. SECTION 2. The amendment to the 1997/98 Annual Operating Plan Element (Budget) of the revenues of the City of Georgetown and expenses of conducting the affairs thereof, is in all things adopted and approved as an addition to the previously approved budget of the current revenues and expenses as well as fixed charges against said City for the fiscal year beginning October 1, 1997, and ending September 30, 1998. A copy of the amendment is attached hereto as Exhibit A, and incorporated by reference herein. 1997198 Budget Amendment No. 7/ P:\AGENDA\98\BUDGE'RBUD-AMEN.ORD Page 1 of 2 SECTION 3. The total of $1,178,000 is hereby appropriated for payments of expenditures of the funds. SECTION 4. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 5. If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective upon adoption of its second and final reading by the City Council of the City of Georgetown, Texas. PASSED AND APPROVED on First Reading on the 10th day of November, 1998 PASSED AND APPROVED on Second Reading on the 24th day of November, 1998. ATTEST: ,s f S -ra- D: Lee , t ,,City Secretary CTUI AS TO FORM: Marianne Landers Banks City Attorney 1997/98 Budget Amendment No.v 71 w P:\AGENDA\98\BUDGETRBUD-AMEN.ORD Page 2 of 2 THE CITY OF GEO By: Leo Wood Mayor W I O M Annual Operating Plan Element (Budget) Amendment Amort Fund Revenues: Fuel Sales Expenses: Fuel Purchases Excess revenue over expenses Sanitation Fund Revenues: Garbage Revenue Expenses: Contracts, franchise fees & dividend transfers Excess revenue over expenses Electric Fund Revenues: Electric Revenue Expenses: Contracts, franchise fees & dividend transfers Excess revenue over expenses 1997/98 Budget Amendment No.. 70 -� 71 h $ (40,000) 40,000 $ 0 $ (88,000) 88,000 $ 0 $ (1,050,000) 1,050,000 Chapter 5.40 lisle] .i %MW 6.40.010 Definitions. Exhibit ac q 9 (a) Unless otherwise stated, a word or term used in this chapter shall have a meaning consistent with the Texas Alcoholic Beverage Code. (b) Place of Business - means the location of the business where a permit or license for the sale of alcohol is sought, as identified in the application for the permit or license, including the grounds and all buildings, vehicles, and appurtenances pertaining to the grounds, along with any adjacent premises if they are directly or indirectly under the control of the same person or entity. (c) Code - means the Texas Alcoholic Beverage Code. 6.40.015 Prohibiting Beer Sales in Residential Districts. It is unlawful for a person to sell beer in any residentially zoned district. 6.40.020 License Required; Penalty. (a) Any person wishing to manufacture, distill, brew, sell, possess for the purpose of sale, transport, import into this state, export from this state, distribute, warehouse, or store any alcoholic beverage, solicit or take orders for alcoholic beverages, sell, bottle, rectify, blend, treat, fortify, mix, or process alcoholic beverages, or engage in any other activity related to alcoholic beverages for which the State of Texas requires a permit or license, shall apply for a license for each permit or license required by the State of Texas from the City by filing an application with the City Secretary, using the form prescribed by the City Secretary. (b) No license required under the terms of this section shall be issued to any person until he shows that he holds a valid State of Texas permit or license for the particular alcoholic beverage activity in which he desires to conduct in the City and until the fee required by the City for such license has been paid. The City shall levy and collect a fee for each place of business requiring such a license in an amount equal to one-half (1/2) the permit or license fee charged by the State of Texas pursuant to the Code. (c) Any license issued under this section may be revoked or suspended by the City Council of the City of Georgetown, Texas upon a finding of a violation of any applicable provision of this Chapter or the Code. (d) The holders of the following permits or licenses issued by the State of Texas pursuant to the Code are exempt from the fee required by this section: (i) agent's, airline beverage, passenger train beverage, industrial, carrier's, private carrier's, private club registration, local cartage, storage, and temporary wine and beer retailer's permits; (ii) a wine and beer retailer's permit issued for a dining, buffet, or club car; (iii) a mixed beverage permit during the three (3) year period following the issuance of the permit; and (iv) a temporary or agent's beer license. (e) It shall be unlawful for an applicant to sell an alcoholic beverage without first obtaining and paying for the license required under this section. Any person who violates a provision of this section, upon conviction thereof, shall be fined not less than ten dollars ($10.00) and not more than two hundred dollars ($200.00). Any person who shall aid, abet, or assist in a violation of any provision of this Chapter shall be fined not less than ten dollars ($10.00) and not more than two hundred dollars ($200.00). Each day a violation occurs shall be considered a separate offense. 6.40.030 Duration of License. All licenses issued under the terms of this chapter shall expire at one (1) year from the date of issuance. No license shall be issued for term longer than one (1) year. 6.40.040 Transfer of License. Any license issued under the provisions of this chapter shall not be transferable or assignable except with the written permission and approval of the City Council of the City of Georgetown, Texas. 6.40.050 Minimum Distance Requirements. (a) It shall be unlawful for a person to sell or engage in the business of selling any alcoholic beverage where the place of business of such person is located within 300 feet of a church, public school, or public hospital. Chapter 6.40 Page 2 of 6 (1) The measurement of the distance between the place of business where alcoholic beverages are sold and the church or public hospital shall be along the property lines of the street fronts and from the front door to front door, and in direct line across intersections. (2) The measurement of the distance between the place of business where alcoholic beverages are sold and the public school shall be in a direct line from the property line of the public school to the property line of the place of business, and in a direct line across intersections. (b) It shall be unlawful for a person to sell or engage in the business of selling any alcoholic beverage where the place of business of such person is located within 1,000 feet of a public school. (1) The measurement of the distance under this subsection between the place of business where alcoholic beverages are sold and the public school shall be from the door by which the public may enter the place of business and the nearest property line of the public school, measured along street lines and directly across intersections. (2) Any dealer who held a license or permit from the State of Texas, on September 1, 1983, in a location where a regulation under TEXAS Alco. BEV. CODE ANN. § 109.33 (Vernon 1995) was in effect on that date, the measurement of the distance between the place of business of the dealer and a public school shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. (c) Subsection (b) above does not apply to the holder of : (1) a valid State of Texas retail on -premise consumption permit or license if less than fifty percent (50%) of the gross receipts for the premises is from the sale or service of alcoholic beverages; (2) a valid State of Texas retail off -premise consumption permit or license if less than fifty percent (50%) of the gross receipts for the premises, excluding the sale of items subject to the State of Texas motor fuel tax, is from the sale or service of alcoholic beverages; or Chapter 6.40 Page 3 of 6 (3) a valid State of Texas wholesaler's, distributor's, brewer's, distiller's, and rectifier's, winery, wine bottler's or manufacturer's permit or license, or any other license or permit held by a wholesaler or manufacturer as those words are ordinarily used and understood in the Code. (d) This subsection applies only to a permit or license holder under TEX. Alco, BEv. CODE Arum. Chapter 25, 28, 32, 69, or 74 who does not hold a food and beverage certificate. Subsection (a) above relating to a public school also applies to a day-care center and a child-care facility as those terms are defined by TEX. Hum, REs. CODE ANN. § 42.002. (1) This subsection does not apply to a permit or license holder who sells alcoholic beverages if. (i) the permit or license holder and the day-care center of child-care facility are located on different stories of a multistory building; or (ii) the permit or license holder and the day-care center or child-care facility are located in separate buildings and either the permit or license holder or the day-care center or child-care facility is located on the second story or higher of a multistory building. (2) This subsection does not apply to a foster group home, foster family home, family home, agency group home, or agency home as those terms are defined by TEX. Hum. REs. CODE ANN, § 42.002. 6.40.060 Waivers (a) The prohibition under Sec. 6.40.050 (a) may be waived for a particular place of business by the City Council if the City Council determines that enforcement of the prohibition: (1) is not in the best interest of the public; (2) constitutes waste or inefficient use of land or other resources; (3) creates an undue hardship on an applicant; Chapter 6.40 Page 4 of 6 (4) does not serve its intended purpose; or (5) is not, for any reason the City Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, in the best interest of the community. (b) Written consent to a waiver under this subsection filed with the City Secretary by each church, public school, and public hospital within 300 feet from the applicant's proposed place of business may be considered by the City Council, 6.40.070 Hours of Sale: Mixed Beverages, Wine and Beer Retailers; Beer. (a) The holder of a valid State of Texas mixed beverage permit may sell and offer for sale mixed beverages between 7 a.m. and 12:00 a.m. midnight on any day except Sunday. On Sunday, he may sell mixed beverages between 12:00 a.m. and 1:00 a.m. and between 10:00 a.m. and 12:00 a.m. midnight, except that an alcoholic beverage served to a customer between 10:00 a.m. and 12:00 p.m. noon on Sunday must be provided during the service of food to the customer. It shall be unlawful for a person to sell or offer for sale mixed beverages at a time not permitted by this subsection. (b) The holder of a valid State of Texas wine and beer retailer's off -premise permit or a wine and beer retailer's permit may sell and delivery alcoholic beverages between 7:00 a.m. and 12:00 a.m. midnight on any day except Sunday. On Sunday, he may sell between 12:00 a.m. midnight and 1:00 a.m. and between 12:00 p.m. noon and 12:00 a.m. midnight, except that State of Texas permittees and licensees authorized to sell for on -premise consumption may sell between 10:00 a.m. and 12:00 p.m. noon if the beer or wine is served to a customer during the service of food to the customer. It shall be unlawful for a person to sell or deliver alcoholic beverages at a time not permitted by this subsection. (c) The holder of a valid state of Texas license or permit may sell, offer for sale, or deliver beer between 7:00 a.m. and 12:00 a.m. midnight on any day except Sunday. On Sunday he may sell beer between 12:00 a.m. midnight and 1:00 a.m. and between 12:00 p.m. noon and 12:00 a.m. midnight, except that State of Texas permittees and licensees authorized to sell for on -premise consumption may sell beer between 10:00 a.m. and 12:00 p.m. noon if the beer is served to a customer during the service of food to the customer. It shall be unlawful for a person to sell, offer for sale, or deliver beer at a time not permitted by this subsection. (d) The City does not adopt the late hours permits or licenses allowed by the Code. Chapter 6.40 Page 5 of 6 6.40.080 Hours of Consumption. (a) A person commits an offense if he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sundays between 1:15 a.m. and 12:00 p.m. noon and on any other days between 12:15 a.m. and 7:00 a.m. (b) An offense under this section is a misdemeanor punishable by a fine of not more than $50.00. 6.40.090 Park Restrictions. It shall be unlawful for any person, firm, corporation, or business enterprise to sell any alcoholic or intoxicating beverage in any city -owned or operated park without first obtaining a special event permit pursuant to Chapter 12.24 of the City of Georgetown, Texas, Code of Ordinances. 6.40. 100 Location of Alcoholic Beverage Businesses (a) The location of an establishment that derives 75 percent or more of the establishment's gross revenue from the on -premise sale of alcoholic beverages is allowed by special permit in the Local Commercial (C-1) zoning district and subject to the licensing requirements of this chapter. All references to zoning districts are references to those districts established by the zoning ordinance of the City of Georgetown, Texas. (b) Each establishment that derives 75 percent or more of the establishment's gross revenue from the on -premise sale of alcoholic beverages shall comply with all of the State of Texas and City of Georgetown, Texas, sign requirements, including all requirements in the zoning ordinance, as it may be amended from time to time. 6.40.110 Severability. If any provision, section, sentence, clause, or phrase of this Chapter, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, invalid or unenforceable, the validity of the remaining portions of this Chapter or its application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council of the City of Georgetown in adopting, and of the Mayor in approving this Chapter, that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation. Chapter 6.40 Page 6 of 6