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Weatherford City Council NOTICE OF MEETING Special S

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									                                                        Weatherford City Council
                                                       NOTICE OF MEETING
                                   Special Session Agenda
                           Monday, November 10, 2008 –1:00 p.m.
                        Weatherford City Hall – City Council Chambers
                                    303 Palo Pinto Street
                     Dennis Hooks                                                Mayor
                     Clem Smith                                          Mayor Pro Tem
                     Jan Barton                                                 Place 1
                     Waymon Hamilton                                            Place 3
                     Craig Swancy                                               Place 4

                     Jerry Blaisdell                               Interim City Manager
                     Robert Hanna                                 Assistant City Manager
                     Ed Zellers                                             City Attorney
                     Laura Simonds                                         City Secretary

In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Weatherford
City Hall, distributed to the appropriate news media, and posted on the City website: www.weatherfordtx.gov
within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of
Weatherford website: www.weatherfordtx.gov . All meetings of the Weatherford City Council are open to the
public and public participation and written comments are invited on all open session business items.

The Mayor and Weatherford City Council request that all cell phones and pagers be turned off or set to vibrate.
Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a
phone conversation.

The Weatherford City Hall is wheelchair accessible and special parking is available on the south side of the
building. If special accommodations are required please contact the City Secretary a minimum of 24 hours in
advance by contacting the City Secretary’s Office at 817-598-4202.

UNLESS OTHERWISE INDICATED, ACTION MAY BE TAKEN ON ANY OF THE FOLLOWING AGENDA
ITEMS:


CALL TO ORDER




REGULAR AGENDA/
ACTION ITEMS

1.SS-111008-01      Consider and act on application from Jack Knox for inclusion of the Jack
Knox Ranch, located east of Lake Weatherford, into the extraterritorial jurisdiction of the City of
Weatherford; said Jack Knox Ranch being all or a portion of the following Surveys; R.L. Wilson
Survey, Abstract 1680; S.W. Miller Survey, Abstract 2595; R.K. Hagood Survey, Abstract 2310;
L.O. & B.L. Baker Survey, Abstract 2280; H.T. and B Railroad Survey 13, Abstract 649;
William C.L. & L.O. Baker Survey, Abstract 2089; H.T. and B Railroad Co. Survey 15, Abstract
650; WM Baker Survey, Abstract 128; R.K. Hagood Survey, Abstract 677; Isaac Gorman
Survey, Abstract 532 and the IG&N RR Survey, Abstract 2007.
                                                                       Weatherford City Council
                                                                      NOTICE OF MEETING

2. SS-111008-02 Discuss and consider approval of Resolution R2008-26 calling for two public
   hearings on the Voluntary Annexation of 18.34 acres more or less in part or parts of the
   following Surveys: J. L. Edwards Survey, Abstract 416, the J. P. Feld Survey, Abstract 487,
   I. & G. N. RR. Company Survey, Abstract No. 2007, the Isaac Gorman Survey, Abstract 532,
   the L. O. and B. L. Baker Survey, Abstract No. 2280, the H .T. and B. RR. Company Survey
   No.15, Abstract No. 650, the H. T. and B. RR Company Survey No. 13, Abstract No. 649,
   the Wm., C. L. and L. O. Baker Survey, Abstract No. 2089, R. K. Hagood Survey, Abstract
   No. 2310, R. L. Wilson Survey, Abstract 1680, the S. W. Miller Survey, Abstract 2595, the
   WM. Baker Survey, Abstract 128, the R. K. Hagood Survey, Abstract 677, C Meyer Survey,
   Abstract 2032, the H. M. Woods Survey, Abstract 2717, H. H. Dillard Survey, Abstract 378,
   B. R. Bailey Survey, Abstract 2275 and the J. Snyder Survey, Abstract 1169 in Parker
   County, Texas.



3. SS-111008-03       Consider adoption of Ordinance 403-2008-78 regulating the hours of
   operation for certain establishments selling alcoholic beverages, requiring permits for the sale
   of alcoholic beverages within the City and prescribing distance requirements from churches,
   schools and hospitals for establishments selling alcoholic beverages.




CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address council regarding an item that is not listed on the agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.



I certify that this Notice of Meeting was posted on ___________, 2008 at ______a.m./p.m. as required by law in accordance with Section
551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City
of Weatherford website: www.weatherfordtx.gov .



Laura Simonds, City Secretary                                                                               Date Removed
                                                             Weatherford City Council
                                                                    AGENDA REPORT

                                                                               Jerry Blaisdell, Interim City
Meeting Date:     November 10, 2008                       Staff Contact:       Manager
Agenda Item:      SS-111008-01                            E-mail:              jblaisdell@weatherfordtx.gov
                                                          Phone:               817-598-4100


SUBJECT: Consider and/or act upon application from Jack Knox for voluntary inclusion of the Jack Knox
         Ranch into the extra-territorial jurisdiction of the City of Weatherford.


BACKGROUND/DISCUSSION
Discuss the voluntary inclusion of the Jack Knox Ranch into the extra-territorial jurisdiction of the City of
Weatherford. A map defining the boundaries of the Knox Ranch subject to the voluntary inclusion will be
presented by staff.


FINANCIAL IMPACT
There will be no financial impact relating to this voluntary inclusion of the Jack Knox Ranch into the extra-
territorial jurisdiction of the City of Weatherford.


RECOMMENDATION
Staff recommends approval of the application for voluntary inclusion into the extra-territorial jurisdiction of the
City of Weatherford.



Attachments
   • Map of Proposed Voluntary Inclusion




SS-111008-01                                                                                       Page 1 of 1
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                                                            Weatherford City Council
                                                                   AGENDA REPORT

                                                                              Jerry Blaisdell, Interim City
Meeting Date:     November 10, 2008                      Staff Contact:       Manager
Agenda Item:      SS-111008-02                           E-mail:              jblaisdell@weatherfordtx.gov
                                                         Phone:               817-598-4200


SUBJECT: Consider approval of Resolution R2008-26 setting two public hearings on the voluntary
         annexation of 18.34 acres more or less located at East of Lake Weatherford.


BACKGROUND/DISCUSSION
Discuss or review the map outlining 18.34 acres of the request for voluntary annexation from Jack Knox and
T.K. Helm.


RECOMMENDATION
Staff respectfully request approval.

Upon approval of the resolution, council will hold the public hearings scheduled for:

Monday, November 24, 2008, at 12:00 (Noon) (Special City Council Meeting) and for
Tuesday, November 25, 2008, at 12:00 (Noon) (Special City Council Meeting).



Attachments

   •   Calendar of Annexation
   •   Resolution R2008-26
   •   Map of Proposed Annexation




SS-111008-02                                                                                    Page 1 of 1
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                                                        Weatherford City Council
                                                               AGENDA REPORT

                                                                         Assistant City Manager, Robert
Meeting Date:     November 10, 2008                   Staff Contact:     Hanna
Agenda Item:      SS-111008-03                        E-mail:            rhanna@weatherfordtx.govb
                                                      Phone:             8107-598-2130


SUBJECT: Consider adoption of Ordinance 403-2008-78 regulating the house of operation for certain
         establishments selling alcoholic beverages, requiring permits for the sale of alcoholic beverages
         within the City and prescribing distance requirements from churches, schools and hospitals for
         establishments selling alcoholic beverages.



PRESENTATION
Staff will have a presentation regarding this item.


RECOMMENDATION
Staff respectfully recommends approval of Ordinance 403-2008-78.




Attachments
   • Ordinance 403-2008-78




SS-111008-03                                                                               Page 1 of 1
                                                                                               Pg.8
                                 ORDINANCE NO. 403-2008-78

AN ORDINANCE OF THE CITY OF WEATHERFORD, TEXAS, CREATING TITLE V,
CHAPTER 9, OF THE CODE OF ORDINANCES OF THE CITY OF WEATHERFORD,
TEXAS; PROVIDING DEFINITIONS; REQUIRING PERMITS TO MANUFACTURE,
DISTILL, BREW, SELL, POSSESS FOR THE PURPOSE OF SALE OR DISTRIBUTE ANY
BEER, LIQUOR, WINE OR OTHER ALCOHOLIC BEVERAGE; REQUIRING ZONING
COMPLIANCE WITH THE COMPREHENSIVE ZONING ORDINANCE; PROHIBITING
SALES WITHIN THREE HUNDRED (300’) OF A CHURCH, PUBLIC SCHOOL, PRIVATE
SCHOOL OR PUBLIC HOSPITAL; PROVIDING METHODS FOR DETERMINING
DISTANCE MEASUREMENT; ESTABLISHING HOURS FOR BUSINESS AND
COMSUMPTION; PROVIDING FOR THE INCORPORATION OF PREMISES;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, A PENALTY CLAUSE, AND AN EFFECTIVE DATE.

WHEREAS, the citizens of Weatherford authorized the legal sale of mixed beverages in restaurants
by food and beverage certificate holders only and the legal sale of all alcoholic beverages for off-
premise consumption only, in a local option election on November 4, 2008; and

WHEREAS, said election shall be canvassed and certified on or about November 17, 2008 by the
Parker County Commissioner’s Court in accordance with Texas Election Code.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEATHERFORD, TEXAS, THAT:

SECTION 1: The Code of Ordinances of the City of Weatherford, Texas, is hereby amended by
addition of a Title V, Chapter 9 to be entitled “Alcoholic Beverages” and to read as follows:

“CHAPTER 9
ALCOHOLIC BEVERAGES

Section 9-1. Authority. This Ordinance is passed pursuant to and is referable to the Texas Alcoholic
Beverage Code (“TABC”), and the provisions of such code are hereby adopted insofar as the same
are applicable, and shall govern the administration and enforcement of this Ordinance.

Section 9-2. Definitions. For the purposes of this Ordinance, all definitions, words, terms and
phrases set forth in the TABC, as amended from time to time, are hereby adopted and made a part
hereof.

Section 9-3. Permits.

(a) Required. It shall be unlawful for any person to manufacture, distill, brew, sell, possess for the
purpose of sale or distribute any beer, liquor, wine or other alcoholic beverage, or otherwise engage
in any activity for which a license or permit is required by the Texas Alcoholic Beverage Code, as
amended, within the City, unless he or she has a current and unrevoked permit issued by the City.




                                                                                                  Pg.9
(b) Fees Established.

      (1) Annual Permit Fee: The annual permit fee for issuing a license or permit to operate,
      conduct, and maintain a business establishment selling alcoholic beverages in the City shall be
      in an amount equal to the maximum feel which the City is authorized by the Texas Alcoholic
      Beverage Code, as amended, to charge and collect.

      (2) Exemption: A mixed beverage permit is exempt from the payment of the fee imposed by
      this Subsection during the three-year period following the issuance of the permit as specified
      in the Texas Alcoholic Beverage Code, as amended.

(c) Payment of Fee.

      (1) Term. The Annual Permit Fee shall be collected when the application for such permit is
      submitted. The Annual Permit shall be valid only for one year (365 days) from the date of its
      issuance, and, if issued, during the calendar year, the Annual Permit Fee shall be collected in
      full without reduction. The Annual Permit shall be renewed by the applicant annually
      thereafter during the time that such applicant is engaged in the business of selling alcoholic
      beverages within the City. Permit applications shall be filed with the City Secretary.

      (2) Issuance of Permit. Upon payment to the City Secretary of the applicable fee for a permit
      required by this Chapter and exhibition of a license or permit duly issued by the Texas
      Alcoholic Beverage Commission to the applicant or person paying such fee, the City
      Secretary, shall, in the name of the City, issue and deliver to such applicant or person a permit
      to engage in the business within the City of the character described in and authorized by the
      State permit or license held by such applicant or person. Such permit shall authorize the
      conduct of such business upon the premises described in the State license or permit and shall
      remain in force for the term authorized in this Section.

Section 9-4. Zoning Compliance Required. No permit shall be granted under the terms of this
Chapter unless the location at which the business is sought to be established and maintained is a
permitted use under the Comprehensive Zoning Ordinance of the City as of or after the effective date
thereof.

Section 9-5. Prohibited Sales. Except as otherwise specifically allowed by the Texas Alcoholic
Beverage Commission or as otherwise provided herein, no alcoholic beverages may be sold within
three hundred feet (300’) of a church, public school or private school, or public hospital. No permit
or license shall be issued to any such applicant. Measurement of such distance shall be in
accordance with the terms of this Chapter and the Texas Alcoholic Beverage Code, as amended.

Section 9-6. Methods for Determining Distance Measurement.

(a) Church or Public Hospital: The measurement of the distance between the place of business
where alcoholic beverages are sold and a church or public hospital shall be along the property lines
of the street fronts and from front door to front door, and in a direct line across intersections.




                                                                                                  Pg.10
(b) Public or Private School: The measurement of distance between the place of business where
alcoholic beverages are sold and a public or private school shall be in a direct line from the property
line of the public or private school to the property line of the place of business, and in a direct line
across intersections.

Section 9-7. Exception to Distance Requirements. Upon receipt of a request, the City Council
may consider and grant an exception to reduce the distance requirement contained in Section 9-6
above if it determines that enforcement of the distance requirements 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 permit, does not serve its intended purpose, is not effective
or necessary, or for any other reason the 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 City.

Section 9-8. Hours.

(a) Authority. Pursuant to authority granted by Chapter 105 of the Texas Alcoholic Beverage
Code, as amended, the City does hereby adopt the extended hours prescribed for the sale or
offering for sale of any mixed beverage, beer or other alcoholic beverage by a holder of certain
types of late hours permit.

(b) Mixed Beverages. No person shall sell, or offer for sale, mixed beverages at any time not
permitted by this Subsection.

      (1) A mixed beverage permittee may sell and offer for sale mixed beverages between 7:00
      a.m. and 12:00 a.m. (Midnight) on any day except Sunday. On Sunday, a mixed beverage
      permittee may sell mixed beverages 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 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.

      (2) The holder of a mixed beverage late hours permit may also sell and offer for sale mixed
      beverages between 12:00 a.m. (Midnight) and 2:00 a.m. on any day.

(c) Beer. No person shall sell, offer for sale, or deliver beer at any time not permitted by this
Subsection.

      (1) A person 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, a person 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 permittees or 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.

      (2) A holder of a retail dealer’s on-premises late hours license may also sell, offer for sale,
      and deliver beer between 12:00 a.m. (Midnight) and 2:00 a.m. on any day.




                                                                                                    Pg.11
(d) Wine and Beer Retailers. The hours of sale and delivery for alcoholic beverages sold under a
wine and beer retailer’s permit or a wine and beer retailer’s off-premise permit are the same as
those prescribed for the sale of beer under Subsection (c) above, except that no sale shall be
allowed between 2:00 a.m. and 12:00 p.m. (Noon) on Sunday.

(e) Hours of Consumption.

      (1) No person shall consume or possess with intent to consume an alcoholic beverage in a
      public place at any time on Sunday between 2:15 a.m. and 12:00 p.m. (Noon) and on any
      other day between 2:15 a.m. and 7:00 a.m. Proof that an alcoholic beverage was possessed
      with intent to consume in violation of this Section requires evidence that the person
      consumed an alcoholic beverage on that day in violation of this Section.

      (2) Notwithstanding any other provision of this Chapter or Chapter 105 of the Texas
      Alcoholic Beverage Code, as amended, in addition to any other period during which the
      sale and consumption of alcohol is authorized under this Chapter:

            (A) A licensed or permitted premises located at a festival, fair, or concert may sell
            alcoholic beverages between 10:00 a.m. and 12:00 p.m. (Noon); and

            (B) A person may consume alcoholic beverages at a festival, fair, or concert between
            10:00 a.m. and 12:00 p.m. (Noon).”

SECTION 2: All ordinances or parts of ordinances in conflict with this ordinance shall be
hereby repealed to the extent of said conflict only.

SECTION 3: If any section, subsection, paragraph, sentence, clause, phrase or word of this
ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance
and the City Council hereby declares that it would have passed such remaining portions despite such
invalidity or unconstitutionality.

SECTION 4: Any person who violates this section shall be deemed guilty of a misdemeanor and
upon conviction shall be punished by a fine of not more than one thousand dollars, and each and
every day of any such violation shall constitute a separate and distinct offense.

SECTION 5: The timeframe associated with the legalization of alcohol sales within the City of
Weatherford creates urgency and an emergency in the preservation of the public peace, property,
health, safety and general welfare and requires that this ordinance take effect immediately from and
after its passage and it is accordingly so ordained.

The foregoing ordinance was introduced, read, approved, passed and adopted as an emergency
measure by a unanimous vote of the City Council at its meeting held on the 10th day of November,
2008.




                                                                                                   Pg.12
ATTEST:                THE CITY OF WEATHERFORD, TEXAS



City Secretary         Mayor




APPROVED AS TO FORM:



CITY ATTORNEY




                                                  Pg.13

								
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