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HomeMy WebLinkAboutOrd 267 Prohibiting the Sales of Goods Wares along Highways 170, 114 and 377ORDINANCE NO. 267 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS PROHIBITING THE SALES OF GOODS, WARES OR SERVICES ALONG STATE HIGHWAY 114, US HIGHWAY 377 OR STATE HIGHWAY 170 WITHIN THE TOWN BOUNDARIES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: It shall be unlawful for any itinerant vendor, merchant or peddler to sell, offer for sale, or exhibit for the purpose of taking orders for sale therefor, any food or food products, beverages, good, wares, merchandise, services, photographs, newspapers, magazines, farm produce, poultry, stock or agricultural products in their natural state, or any other personal property, or to solicit charitable contributions on or along the side of State Highway 114, US Highway 377, and/or State Hghway 170 within the corporate boundaries of the Town of Westlake, Texas. Itinerant vendor, merchant or peddler is defined as any person not having a fixed place of business in a permanent building in the Town which is either owned by such vendor or under lease to such vendor, or any vendor who conducts a business from any truck, trailer, manufactured housing, van, automobile or other type of structure or vehicle capable of being transported on the streets or highways of the Town. SECTION 2: Any violation of this ordinance is subject to the maximum fine permitted under the laws of the State of Texas for violations of a Town ordinance governing the public health and sanitation and safety of the Town. In the event that it is determined that this ordinance does not constitute the governing of public health and sanitation and safety, then a violation of this ordinance is subject to the maximum fine permitted under the laws of the State of Texas for violations of Town ordinances. SECTION 3: If any phrase, clause, sentence, paragraph or section of this ordinance shall be deemed void, ineffective, or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance since the Board would have enacted the same without any void, ineffective, or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4: This ordinance becomes effective from and after the date of its passage. Ordinance prohibiting roadside vendors Page 2 PASSED AND APPROVED THIS 19TH DAY OF MARCH, 1997. Scott Bradley, Mayor ATTEST: Ginger Crosswy, Town S60retary APPROVED AS TO FORM: �1 C. Isham, Town Attorney UM • a a I�t I solemnly swear that a true and correct copy of the Notice Ord 267 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties -of Denton and Tarrant, and that the dates that said issues of the newspaper bore in which such notice was published were March 25, 1997 A copy of the notice alished, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS COUNTY OF TARRANT SWORN TO AND SUBSCRIBED BEFORE ME BY Pam Nolte this day of°E;w..u'Y. , 1997, to certify which witness my hand and sea of office. Notary Public, State of Texas Printed Name of Notary My commission expires �t u PATRICIA H Lid.'>id f A 8l j\ � PL'itt8ry Public, State ? Texas 0 1111 s� '-,z; o ' g my co emission Expires 016-02-10,97 6 Jove f the tion 'ice, on tin, I by 16, will rd. ind I at 30 17 are re - 1h1 all ;al- ent Ive the 304 <as ,Ing ill e e 1- e s s wan the reasonable operation of the vehicle. (d) Any person operating a commercial motor vehicle, truck -tractor, trailer, semitrail- er, pole trailer, mobile home, or combination thereof on any street or roadway which is not desidnated state ery slips, or other evidence of such person's destination and point of origin to justify than a designated state and/or federal highway. the sections, clauses, and phrases of this Ordinance be severable, and if any phrase, clause, sentence; paragraph or section of this Ordinance shall be declared void, inef- fective, or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitu- tionality shall not affect any of the remaining phrases, claus- es, sentences, paragraphs or sections of this Ordinance since the Board would have enacted the same without any void, ineffective, or unconstitutional >phrase, clause, sentence, ,or para- graph. SECTION 3: Any violation of the Ordinance is subject to the maximum fine permitted under the laws of the State of Texas for violations by opera- tors of motor vehicles. SECTION 4: This Ordi- nance becomes effective upon its passage and approval. PASSED AND APPROVED ON THE 27TH DAY OF JUNE, 1996. Scott Bradley, Mayor ATTEST: Ginger Crosswy, Town Secretary APPROVED AS TO FORM; Paul C. lsham' Town Attorney rears experience wit, ®S o Ir l a ivu. 401 BOARD OF ALDERMEN OF of a THE TOWN OF WEST- funs LAKE, TEXAS PROHIBIT- ineff 1NG THE `'SALES OF tion GOODS WARES OR SER- the`i sa cra, jtea custom 'aestgn jewelry & ret Setting ® Retail & any phrase, �, paragraph s ordinance J void, inef- stitutional by nt or decree competent h voidness, r unconstitu- affect anv of VICES I ALONG STATE es, sentences, paragraphs or sections of this ordinance HIGHWAY 114, US HIGH- WAY 377 OR STATE HIGH- since the Board would have WAY 170 WITHIN THE enacted the same without TOWN BOUNDARIES; any void, ineffective, or PROVIDING A PENALTY; unconstitutional phrase, clause, sentence, paragraph PROVIDING A SEVERABIL- or section. ITY CLAUSE; AND DECLARING AN EFFEC- TIVE DATE. SECTION 4: This ordinance becomes effective from and BE IT ORDAINED BY THE after the date of its passage. CITY COUNCIL OF THE TOWN OF WESTLAKE, PASSED AND APPROVED TEXAS: THIS 19TH DAY- OF MARCH, 1997. SECTION 1: It shall be Scots Bradley, Mayor unlawful for any itinerant ven- dor, merchant or peddler to ATTEST: sell, offer for sale, or exhibit Ginger Crosswy, for the purpose of taking Town Secretary orders for sale therefore, any food or food products. bever- APPROVED AS TO FORM: ages, good, wares, merchan- Paul C. (sham, dise, services, photographs, Town Attorney newspapers, magazines, farm produce, poultry, stock or agricultural products in ' PUBLIC HEARING their natural state, or any other personal property, or to solicit charitable contributions TOWN OF on or along the side of State TROPHY CLUB, TEXAS Highway 114, US Highway 377, .and/or State Highway NOTICE OF A JOINT PUB - 170 within the corporate LIC HEARING OF THE boundaries of the Town of .PLANNING AND ZONING Westlake, Texas. Itinerant COMMISSION AND TOWN vendor, imerchant or peddler COUNCIL OF THE TOWN is defined as any person not OF TROPHY CLUB, TEXAS having a fixed place of bust- CONCERNING: (1) AMEND- ness in a permanent building MENTS TO THE TOWN'S in the Town which is either COMPREHENSIVE PLAN, owned by such vendor or (11 AMENDMENTS TO THE under lease to such vendor, TUN'S COMPREHENSIVE or any vendor who conducts ZONING ORDINANCE, AND a business from any truck, "manufactured (111) CONSIDERATION OF A trailer, housing, SITE PLAN FOR ONE van, automobile or other type TRACT OF LAND. of structure or vehicle capa- ble of being transported on TO ALL CITIZENS, PROP. the streets or highways of the ERTY OWNERS, AND TAX - Town, PAYERS OF THE TOWN OF SECTION 2: Any violation of TROPHY CLUB, TEXAS: this ordinance is subject to On April 15, 1997, at 7:00 the maximum fine permitted P.M., there will be held a joint under the laws of the State of public hearing of the Planning Texas for violations of a and Zoning Commission and Town ordinance governing Town Council of Town of Tro- the'public health and sanita- "phy Club, Texas, at the tion and safety of the Town. Municipal Utility District Build - In the event that it is deter- Ing, 100 Municipal Drive, Tro- mined that this ordinance phy Club, Texas 76262, for does not constitute the gov- the purpose of considering erning of public health and the following: sanitation and safety, then a violation of this ordinance is subject to the maximum fine Permitted under the laws of the State of Texas for viola- tions of Town ordinances. 31-1372 1. Comprehensive Plan. The Comprehensive 'Plan provides general direction regarding future development and a new Comprehensive Plan will be considered at the public hearing. 2. Comprehensive Zonina Ordinance (Ordinance No. 94-09). The Planning and Zoning Commission and Town Council will review a proposed amendment to the Comprehensive Zoning Ordi- nance which would increase from 20 feet to 28 feet the maximum height restriction in the NSNeighborhood Ser- vice, CG Commercial Gener- al, and PO Professional Office zoning districts of the said Ordinance. 3. Site Plan. For Certain Property zoned PD Planned Development District pur- suant to the Comprehensive Zoning Ordinance, a site plan for that tract of land described as Lot 1, The Village at Trp- phy Club, generally located adjacent to the intersection of Trophy Club Drive and State Highway 114. The proposed site plan reflects the use of the property for retail/com- mercial uses. The Comprehensive Plan and the Comprehensive Zon- ing Ordinance and the pro- posed amendments thereto, and the proposed site ;plan are available for review at the office of Ms. Pauline Shaw, Town Planning and Zoning Administrator, 100 Municipal Drive, Trophy Club, Texas and a copy of each document may be purchased at the same office. All property own- ers, taxpayers and citizens will be given an opportunity during the public hearing to express their opinions and views relative to the proposed amendments. After all parties have been given an opportu- nity to speak, the public hear- ing will be closed and the two bodies will deliberate the pending matter. Please contact the under- signed concerning any ques- tions at the Town Hall, 100 Municipal Drive, Trophy Club, Texas 76262, (817) 430-1911 Ext. 171. GIVEN UNDER MY HAND AND SEAL of office this the 21 st day of March, 1997. Pauline Shaw, Planning and Zoning Administrator, Town of Trophy Club, Texas