O541ORDINANCE NO. 541
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 17 OF THE
KENNEDALE CITY CODE (1991), AS AMENDED, BY REZONING CERTAIN
PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF KENNEDALE
FROM "AG" AGRICULTURAL DISTRICT TO "R -1" SINGLE FAMILY
RESIDENTIAL DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING
A SAVINGS 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, 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, Ashton Holdings, Inc., on behalf of owner Richard Trevino, who has a
proprietary interest in said property being an approximately 4.28 acre tract in the J.M. Lilly
Survey Abstract 980, more particularly described as Oliver Acres Subdivision Block 2 Lot 6,
Tarrant County, Texas, has filed an application to rezone the property from its present
classification of "AG" Agricultural District to "R -1" Single Family Residential District; and
WHEREAS, the Planning and Zoning Commission of the City of Kennedale, Texas held
a public hearing on November 21, 2013, and the City Council of the City of Kennedale, Texas
held a public hearing on December 12, 2013, with respect to the amendments described herein;
and
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, Section 17 -429 of the Zoning Ordinance, and all other laws dealing with
notice, publication, and procedural requirements for the approval of amending the Schedule of
Uses under Section 17 -421 of the Kennedale City Code; 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; and
WHEREAS, the City Council does hereby deem it advisable and in the public interest to
amend the City's Zoning Ordinance as described herein,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,THAT:
SECTION 1.
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:
An approximately 4.28 acre tract in the J. M. Lilly Survey, Abstract 980 and 985,
Tarrant County, Texas ( "the Property "), being that same tract conveyed to
Richard Trevino according to the deed recorded in Tarrant County Clerk's
Instrument Number D202074623, and more particularly described as Lot 6, Block
2, Oliver Acres, an Addition to the City of Kennedale, Tarrant County, Texas,
according to the Plat thereof recorded in Volume 1383, Page 586, Plat Records,
Tarrant County, as shown and described on Exhibit "A" attached hereto and
incorporated herein, from "AG" Agricultural District to "R -1" Single Family
Residential 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,
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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.
SECTION 6.
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.
SECTION 7.
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.
PASSED AND APPROVED ON THIS 12 DAY OF DECEMBER 2013.
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Vj" L &
M or Jolin Clark
ATTEST:
City Secretary, Amethyst G. Sloane
EFFECTIVE:
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APPROVED AS TO FORM AND LEGALITY:
City Attorney, Wayne K. Olson
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Page 3 of 3
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
An approximately 4.28 acre tract in the J. M. Lilly Survey, Abstract 980 and 985, Tarrant County,
Texas, being that same tract conveyed to Richard Trevino according to the deed recorded in
Tarrant County Clerk's Instrument Number D202074623, and more particularly described as Lot
6, Block 2, Oliver Acres, an Addition to the City of Kennedale, Tarrant County, Texas, according
to the Plat thereof recorded in Volume 1383, Page 586, Plat Records, Tarrant County.
EXHIBIT "B"
MAP OF PROPERTY
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Star - Telegram
808 Throckmorton St.
FORT WORTH, TX 76102
(817) 390 -7761
Federal Tax ID 26- 2674582
INVOICE
Bill To:
CITY OF KENNEDALE
405 MUNICIPAL DR
KENNEDALE, TX 76060 -2249
Notice of
Misc Fee
Customer ID:
CIT33
Invoice Number:
327967601
Invoice Date:
11/20/2013
Terms:
Net due in 21 days
Due Date:
11/30/2013
PO Number:
Order Number:
32796760
Sales Rep:
043
Description:
Notice of Public Hear
Publication Date:
11/20/2013
52 52 LINE $6.16 $320.12
$11.00
Net Amount: $331.12
paease call Amethyst Cirmo City
Secretary t 817.985.2144 „u u„
y � ,CRY P CHRISIY LYNNE HOLLAND
Notary Public, State of Texas
My Commission Expires
July 31, 2016
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public In and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star -
Telegram, published by the $tar- Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the
attached clipping of an advertisement was published in the a named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Wveft,4r 21, 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: 327967601
Invoice Amount: $331.12
PO Number:
Amount Enclosed: