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O537AN ORDINANCE AMENDING ORDINANCE NO. 40, AS AMENDED; REZONING PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF KENNEDALE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Kennedale is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in order to promote the public health, safety and general welfare the City Council desires to amend the zoning classification of certain properties within the city limits as described below in order to begin implementing the comprehensive land use plan adopted in March 2012; and WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential or other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the City of Kennedale and the Kennedale Economic Development Corporation, persons or entities having a proprietary interest in certain property being approximately 5 acres located in the David Strickland Survey, Abstract No. 1376, and a part of blocks 43, 55, and 56 of the Shelby County School Lands Tarrant County, Texas, also known as Oak Crest Addition Block 4 Lots 8, 9, 10A, 11A, 12A, 13A, 14 -18, 19A, 20 -26 according to the deeds recorded in County Clerk's Instrument Numbers D210098119, D213166605, D213143127, D213048705, D213006234, Deed Records, Tarrant County, Texas, have requested to rezone the property from its present classification of "C -1" Restricted Commercial District to "EC" Employment Center District; WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held a public hearing on September 19, 2013, and the City Council of the City of Kennedale, Texas held a public hearing on October 10, 2013, with respect to the amendments described herein; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Local Government Code, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, THAT: The Comprehensive Zoning Ordinance is hereby amended so that the zoning classification and the uses in the hereinafter described area shall be changed and or restricted as shown and described below: Approximately 5 acres located in the David Strickland Survey, Abstract No. 1376, and a part of blocks 43, 55, and 56 of the Shelby County School Lands Tarrant County, Texas, also known as Oak Crest Addition Block 4 Lots 8, 9, 10A, 11A, 12A, 13A, 14 -18, 19A, 20 -26 according to the deed recorded in County Clerk's Instrument Numbers D210098119, D213166605, D213143127, D213048705, D213006234, Deed Records, Tarrant County, Texas, from its present classification of "C -1" Restricted Commercial District to "EC" Employment Center District. SECTION 2. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Kennedale, Texas (1991), as amended, except when the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such code, in which event the conflicting provisions of such ordinances and such code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clause, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section, paragraph, sentence, clause, or phrase. SECTION 4. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of any ordinances governing zoning that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. This Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. ATTEST:_ l ",�' f =" City Secretary/ Amethyst G. Cirmo EFFECTIVE: I I _ � 2-Ls1�) APPROVED AS TO FORM AND LEGALITY: M or John Clark 0 �0'4� City Attorney, Wayne K. Olson INVOICE Star - Telegram Customer ID: CIT33 808 Throckmorton St. Invoice Number: 327839671 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 11/8/2013 Federal Tax ID 26- 2674582 Terms: Net due in 21 days T 2013 Due Date: 11/30/2013 Bill To: PO Number: CITY OF KENNEDALE 405 MUNICIPAL DR Order Number: 32783967 KENNEDALE, TX 76060 -2249 Sales Rep 043 Description: ORDINANCE No. 5 Publication Dates: 11/7/2013 - 11/8/2013 k NANCE NQi 537" ORDINANCE N AI ;ORDINANCE AMENDING 61161- I3580 1 48 48 LINE $6.11 $586.76 NANCE NO. 40, AS AMENDED; REZONING PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF MISCFee KENNE TH GOFF $12'00 L ZONING MAP TO REFLECT SUCH CHANGES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA TIVE OF ALL ORDINANCES; PRO- VIDING FOR A PENALTY FOR Net Amount: $598.76 VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING i A ° SEVERABILITY CLAUSE, PRO- VIDING FOR °PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN (EFFECTIVE DATE. +, The City Secretary of the City of Kennedale is hereby directed to ` publish in the official newspaper of t9�e City of Kennedale the caption,: penalty clause, ;publication clause and effective date clause of this ordinance as provided by Section 3.10 of the Charter of the City of Kennedale. Any person, firm, or CMRfSTY LYNNE FiOLtAND corporation who violates, disobeys, .`�P , . omits, neglects or refuses tocomply o Notary Public, State of Texas with or who resists the enforce- ment of any of the provisions of } y My Commission Expires this Ordinance shall be fined noti July 31, 2016 THE STATE OF more than Two Thousand Dollars Count of «2 ,000.00). Each day that a vio -', Y lation is permitted to exist shall constitute a separate offense. This Before me, a No Ordinance shall be in full force and and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - effect from and after „the date of Telegram, publi its passage and publication as Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clippin required by law, and it is so l ed in the a named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM ordained. PASSED AND APPROVED (817) 215 -2323 BY THE KENNEDALE CITY COUNCIL l the 5th day of November Q1 ,� /S S /MAYOR JOHN CLARK /ATTEST/ EST /' /S/AMETHYST CIRMOF CITY SEC- Signed �1 RETARY /APPROVED AS TOO FORM /S /WAYNE K. OLSON CITY AT- - SUBSCRIBED TORNEY. HIS Tuesday, Novft12, 2013. Notary Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 327839671 Invoice Amount: $598.76 PO Number: Amount Enclosed: INVOICE Star - Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817) 390 -7761 Federal Tax ID 26- 2674582 1 , Bill To: CITY OF KENNEDALE 405 MUNICIPAL DR KENNEDALE, TX 76060 -2249 NOTICE Misc Fee THE STA' County of Before me, the Star -TE that the att (817)215-, SUBSCRI I3580 1 Customer ID: CIT33 Invoice Number: 327572211 Invoice Date: 10/18/2013 Terms: Net due in 21 days Due Date: 10/31/2013 PO Number: Order Number: 32757221 Sales Rep: 073 Description: NOTICE OF PUBLI Publication Date: 10/18/2013 pth Inage= MIT: Rate Amount := . 51 51 LINE $6.16 $314.06 $11.00 Net Amount: $325.06 CHRISTY LYNNE HOLLAND Notary Public, State ms of Texas E p ' tp'g My Comislan xpires J uly 31, 2016 mty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for ]ram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM , TF Thank You For Your Payment Remit To: Star - Telegram ,Customer ID: CIT33 P.O. BOX 901051 Customer Name: CITY OF KENNEDALE FORT WORTH, TX 76101 -2051 Invoice Number: 327572211 Invoice Amount: $325.06 PO Number: Amount Enclosed: