Legal Notices – March 14, 2013: Lockhart and Caldwell County (Texas)

PUBLIC NOTICE

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NOTICE TO CREDITORS

 

Notice is hereby given that original Letters of Administration for the Estate of Cornelio Y. Gutierrez, Deceased, were issued on February 28, 2013, in Cause No. 9792-A, pending in the County Court of Caldwell County, Texas, to Alice Gutierrez.

 

The residence of the Independent Administrator is Maxwell, Caldwell County, Texas.  The mailing address for presentment of claims is:

 

Estate of Cornelio Y. Gutierrez, Deceased

Alice Gutierrez, Independent Administrator

c/o W. Thomas Buckle, Attorney at Law

602 W. 11th Street

Austin, Texas 78701

 

Claims against this Estate, which is currently being administered, are required to be presented within the time and in the manner prescribed by law.

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ORDINANCE 2013-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOCKHART, TEXAS AMENDING CHAPTER 6, “ALCOHOLIC BEVERAGES,” OF THE LOCKHART CODE OF ORDINANCE TO ADOPT EXTENDED HOURS FOR THE SALE OF BEER, WINE AND MIXED BEVERAGES FOR ON-PREMISES CONSUMPTION; PROVIDE FOR AMENDMENT OF CITY SPECIFIC USE PERMITS PREVIOUSLY ISSUED FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC BEVERAGES TO ALLOW THE SALE OF BEER, WINE AND MIXED BEVERAGES DURING THE EXTENDED HOURS; PROVIDE FOR PENALTY; PROVIDE FOR SEVERABILITY; PROVIDE FOR REPEALER; PROVIDE FOR PUBLICATION; AND ESTABLISH AN EFFECTIVE DATE.

 

WHEREAS, In 2004, the citizens of the City of Lockhart voted to allow the sale of all alcoholic beverages, including mixed beverages, and the statutory standard hours for sale of alcoholic beverages became effective at that time; and

 

WHEREAS, the Texas Alcoholic Beverage Code, in Sections 105.03, 105.04, and 105.05 provides that a municipality may adopt an ordinance to extend the hours for the sale of beer, wine and mixed beverages for on-premises consumption to 2 a.m.; and

 

WHEREAS, after input from citizens and business owners, and after considerations during open meetings, the City Council has determined that extending the hours for the sale of beer, wine and mixed beverages to 2 a.m. in the City provides economic benefits for local businesses and convenience for city residents.

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOCKHART, TEXAS, that Chapter 6 of the Lockhart Code of Ordinance, captioned “Alcoholic Beverages,” is hereby amended by adding Sec. 6-4 as follows:

 

I.

 

Sec. 6-4. – Extended hours for on-premises sale of beer, wine and mixed beverages.

 

a) The terms “beer,” “wine” and “mixed beverages” have the same meanings as set forth in Section 1.04 of the Texas Alcoholic Beverage Code.

 

b) The hours for holders of retail dealers’ on-premises late hours licenses/permits to sell, offer for sale, and deliver beer for on-premises consumption, is hereby extended to 2:00 a.m. pursuant to Texas Alcoholic Beverage Code, Section 105.05(c).

 

c) The hours for holders of retail dealers’ on-premises late hour licenses/permits to sell, offer for sale, and deliver wine for on-premises consumption are extended to 2:00 a.m. pursuant to Texas Alcoholic Beverage Code, Section 105.04.

 

d) The hours for holders of retail dealers’ on-premises late hours licenses/permits to sell, offer for sale, and deliver mixed beverages for on-premises consumption is hereby extended to 2:00 a.m. pursuant to Texas Alcoholic Beverage Code, Section 105.03(c).

 

e) Unless otherwise provided in a specific use permit at the time of issuance or renewal, each valid, unexpired specific use permit for on-premises consumption of alcoholic beverages granted prior to the adoption of this ordinance shall be deemed amended to authorize the sale of beer or mixed beverages for on-premises consumption during the extended hours authorized by this ordinance if the permit holder obtains a late hours permit for that location from the Texas Alcoholic Beverage Commission.

 

f) This ordinance does not create and shall not be construed to create any enforceable right to the continuation of this ordinance or any right to receive compensation for any loss, damages, costs or expenses alleged to have been incurred in reliance upon its adoption or suffered as a result of its repeal.  The authorization to sell beer, wine or mixed beverages for on-premises consumption during the extended hours adopted by this ordinance under a specific use permit expires upon the repeal of this ordinance.

 

g) The holders of retail dealers’ on-premises late hours licenses/permits described herein are subject to fees and restrictions as provided in Lockhart Code of Ordinances, Chapter 6.

 

h) Penalty.

 

(i)Pursuant to Section 105.10 of the Texas Alcoholic Beverage Code, a person commits an offense if the person, in violation of Chapter 105 or Section 32.17(a)(7) of the Texas Alcoholic Beverage Code, sells or offers for sale an alcoholic beverage during prohibited hours, or consumes or permits the consumption of an alcoholic beverage on the person’s licensed or permitted premises during prohibited hours.  An offense under that section is a Class A misdemeanor.

 

(ii) Pursuant to Section 105.06(c) of the Texas Alcoholic Beverage Code, in an extended hours area, a person commits an offense if s/he consumes or possesses with intent to consume an alcoholic beverage in a public place at any time on Sunday between 2:15 a.m. and 12 noon and on any other day between 2:15 a.m. and 7 a.m.  A premises that is licensed or permitted by the Texas Alcoholic Beverage Commission is a public place for purposes of Section 105.06.  An offense under that section is a Class C misdemeanor.

 

(iii)  Nothing in this ordinance limits or restricts the Texas Alcoholic Beverage Commission and/or the City from pursuing all charges, claims and remedies available at law or equity in the enforcement of state law or municipal ordinances.

 

II. Severability:  If any provision, section, clause, sentence, or phrase of this ordinance is for any reason held to be unconstitutional, void, invalid or unenforceable, the validity of the remainder of this ordinance or its application shall not be affected, it being the intent of the City Council in adopting and of the Mayor in approving this ordinance that no portion, provision, or regulation contained herein shall be inoperative or fail by way of reason of unconstitutionality or invalidity of any other portion, provision, or regulation.

 

III. Repealer:  Any parts of ordinances and resolutions in conflict with this ordinance are repealed.

 

IV. Publication:  That the City Secretary is directed to cause this ordinance to be published in a newspaper of general circulation according to law.

 

V. Effective Date: That this ordinance shall become effective 10 days after the date of its passage.

 

PASSED, APPROVED, AND ADOPTED this 5th day of March, 2013.

 

CITY OF LOCKHART

Lew White, Mayor

ATTEST:         APPROVED AS TO FORM:

 

Connie Rodriguez, City Secretary    Peter Gruning, City Attorney

 

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PLUM CREEK CONSERVATION DISTRICT is accepting bids for the removal of approximately 9,100 feet of fence and replacement of approximately 6,700 feet of fence around one of its flood control structures 2 miles east of McMahan.

Bids are due by noon March 19th, 2013 at P.O. Box 328 Lockhart, TX 78644. For more information, please call 512-398-2383

Monday – Friday, 8 a.m. – 5 p.m.

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NOTICE OF DISPOSITION

The Railroad Commission of Texas  has disposed of equipment and/or hydrocarbons pursuant to Section 89.085 of the Texas Natural Resources Code. Any person with a legal or equitable ownership or security interest in the equipment or hydrocarbons that was in existence on the date the Commission entered into a contract to plug the following well(s) or clean the following leases/facilities may file a claim with the Commission. Contact the San Antonio District Office at (210) 227-1313 to obtain a claim form.

 

Bedford Oil & Gas, Inc. (061600)

Well(s); 3

Caldwell County

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Public Notice

Caldwell County Commissioners Court, in accordance with Subchapter E, Section 232 of the Texas Local Government Code, hereby gives notice that on March 25, 2013 in the Commissioners Courtroom located at 1403 Blackjack Street, Lockhart, Texas, the Caldwell County Commissioners Court will consider adopting the Caldwell County Transportation Plan at the regularly scheduled Commissioners Court Session. The Plan is available at www.caldwelltransportation.com. A hard copy will be available beginning Wednesday, March 20th, 2013 at the County Judges Office, 110 S. Main, 2nd Floor Lockhart, TX 78644.

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NOTICE OF PUBLIC HEARING

The City of Lockhart Planning and Zoning Commission will hold a Public Hearing on Wednesday, March 27, 2013, at 7:00 P.M. in the lower level of City Hall, 308 West San Antonio Street, Lockhart, Texas, to receive public input regarding the following:

 

ZC-13-02.  A request by Ron Heggemeier on behalf of Caldwell County for a Zoning Change from CHB Commercial Heavy Business District to PI Public and Institutional District for 5.85 acres in the Francis Berry Survey, Abstract No. 2, located at 1703 South Colorado (HWY 183 South).

 

All interested persons owning property within 200 feet of this property wishing to state their support or opposition may do so at this Public Hearing; or they may submit a written statement to the City Planner or his designee for presentation to the Planning and Zoning Commission at or before the time the Public Hearing begins.

 

In the event that property owners should desire to protest the action of the Planning and Zoning Commission, they must: (1) file their written protest with the City Secretary on or before five days prior to the Public Hearing before the City Council; and, (2) the written protest must be signed and acknowledged by the owners of at least 20 percent of the land included in the proposed change, or by owners of at least 20 percent of the land area within a 200-foot radius of the boundary of the proposed change.  To be a valid protest, both conditions (1) and (2) above must be met or the petition will be rejected.

 

The City of Lockhart City Council will hold a Public Hearing on Tuesday, April 2, 2013, at

7:30 PM in the lower level of City Hall, 308 W. San Antonio, Lockhart, Texas, to consider this zoning change request, the recommendation of the Planning and Zoning Commission, and valid protests if any.

 

Dan Gibson, AICP

City Planner

512-398-3461, ext. 236

dgibson@lockhart-tx.org

 

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